The Republican journal., 1899-03-16
ing beds. feeding trouchs or artificial ponds of

ISL. Inc penalty IOF the WlllLuI Violation OF
any Of such rules and regulations shall be fifty
dollars for each offense. The commissioners
may. at their discretion, screen the outlet Of
any pond or lake or authorize the same to be
done under such conditions as may seem to
them just.
Section 80. The owner or occupant of every
dam or other artificial obstruction in any river
or stream frequented by salmon, shad aIewives
or land-locked salmon, shall provide the same
with durable and efficient fisllway, of such
form and capacity, and in such location as may,
after notice in writing to one or more Of said
owners or occupants and a hearing thereon, be
determined by the commissioners of inland
fisheries and game by written notice to some
owner or occupant specifying the location,
form, and capacity of the required tishway,
and the time within which it shall be built: and
said owner or occupant shall keep said fishway
in repair, and open and free from obstruction
for the passage Of fish, during such times as are
prescribed by law; provided, however, that in
case OF disagreement between said commits
sioners and the owner OF oCcupant:of any DAM
as to the propriety and safety of the plan sub
united to the owner or occupant of such dam
Tor the location and construction Of the fish
way, such owner or occupant may appeal TO the
county commissioners Of the county where the
Dam IS located, within twenty days after notice
OF the determination, to the commissioners of
inland fisheries and game by giving to the lat
ter named commissioners, notice in writing OF
such appeal within that time, stating therein
the reasons therefor; and at the request of
the appellant tho commissioners OF inland
fisheries and game the senior commissioners in
office of any two adjoining counties shall be
associated with them, who shall appoint d time
to view the premises and hear the parties and
give due notice thereof, and after such hearing
they shall decide the question submitted and
cause record to be made thereof. and their de
csion shall be final TO the plan and loca ton
appealed from. If the requirements Of the
commissioners OF inland fisheries and game are
affirmed, the appellants shall be liable for the
costs arising a tef the appeal, otherwise they
shall be paid ly the county. II a tishway thus
required is not completed to the satisfaction
OF the commissioners OF inland fisheries and
game within the time specified, every owner or
occupant shall forfeit not more than one hun
dred nor less than twenty dollars for every day
of such neglect between the first days Of May
and November. On the completion of q fish
way to the satisfaction of the commissioners of
inland fisheries and game. or at any subsequent
time they shall prescribe in writing the time
during which The same shall be kept open and
free from obstruction to the passage of fish
eacn year, and copy of such writing shall be
served on the owner or occupant Of the dam.
The commissioners Of inland fisheries and game
may change the time as they see fit. Unless
otherwise provided. iishways shall be kept open
| and unobstructed from the first day of May to
the fifteenth day of July. The penalty for ne
glecting to comply with this section, or with any
regulations made in accordance herewith, is
not less than twenty nor more than one hun
| dred dollars for every day Of such neglect
Section 10 Whenever the commissioners of
| inland fisheries and game find tshway out of
repair Or needing alterations, they may, as in
case Of new tishways, require the owner or oc-
| cupant to make such repairs or alterations
and all proceedings in such cases and the pen
| atty for neglect Shall be as provided IN the
| three preceding sections, without appeal. If
| the dam is owned and occupied by more than
one person. each is liable for the cost Of erect
| ing and maintaining such tishway, in proper
| ton to his interest in the dam, and if any
| owner or occupant negiects or refuses to Join
with the others in erecting Or maintaining such
| fishway, the other owners or occupants shall
| erect or repair the same, and have an action on
| the case against such delinquent for his share
of the expenses. If the owner or occupant Of
such dam resides out Of the state, said penal
ties may be recovered by libel against the
| dam and land on which it stands, 1iled in the
supreme judicial court in the county where it
| is located, in the name Of the commissioners
| Of inland fisheries and game or of any fish
| pant and all persons interested therein, such
| notice as the court or any justice thereof in
| vacation, orders and the court may render
| Judgment therein against said dam ami lands
for said penalties and costs, and order a sale
! thereof to satisfy slch judgment and costs IF
sale subject, however, TO all said requirements
FOR the erection and maintenance or repair OF
said lishway. The commissioners Of inland
| fisheries and game may delegate TO any fish
warden or other lawful officer Of fisheries any
f. Of the powers given to said commissioners in
relation to The constructioniof fishways.
| Section II. The following waters and their
tributaries are exempt from the provisions re-
{ latng to migratory fishes and the supervision
| of the tishways by the commissioners, that is
| to say, Royal river in North Yarmouth, Sew
alrs pond or its outlet in Arrowsic, so much Of
! the waters of the Damariscotsa river as are
west of the railroad bridge near Damarscotta
| mills, ali waters in Ymahayen. fremont
Mount Desert, Eden, Franklin, and Sullivan,
Pleasant river IN Washington county, East
Machias river, and the eastern Penobscot river
| in Ocland. Little river in Perry shall be ex-
| empt from all she foregoing provisions that re-
late to maintaining fshways in said river, eX-
cept during April, May and June.
section Il. For the purposes Of this chapter,
the term salmon means the common migra-
tory salmon Of the sea coast aud rivers; the
term 'End-locked salmon means any CT the
species or varieties or salmon that do not peri
Officially and labitualg run to the sea, being
the same locally known as salmon trout and
'blacs spotted trout the term 'alewife' means
the small species of migratory fish called 'alc-
vic bat known also by the local names of
herring and 'gaspcrean, and also includes the
similar species found in tidal waters and known
as 'DluebaclI; and the term bass means the
striped bQss of tidal waters.
Section i3. The provisions Of this chapter 50
far as they relate TO fish apply % the taking of
the same in all fresh waters above tho How IF
the tide ana in all tidal waters frcqucntet by
the various species of fresh water and m%ra-
tory fishes, except to the capture OF shal and
alewiNes in Dennys river and its tributaries
Pemmauuam river and its tributaries, and