The Portland daily press., 1899-03-20


landiocked salmon trout, other useful
nsh' The penalty for the willful violation OF
any OF such rules and regulations shall be nifty
dollars Tor each offense. The commissioners
may at their discretion, screen the outlet OF
any pond or lake or authorize the same 10 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 frcquented by salmon, slad, alewiycs,
or land-locked salmon, shall provide the same
with durable aud efficient hshway, 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 hearing thereon, be
determined by the commissioners OF inland
fisheries and game by written notice TO some
owner or occupant specifying the location,
form, ana capacity of tho required tishway,
and the time within which 1t shall be buiit; 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 arc
prescribed by law provided. however, that in
case OF disagreement between said commits
sioners aud the owner or occupant. of any dam,
as to the propriety and safety of the pan sub
mitted to the owner or occupant OF such dam
for 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 70 the lat
| ter named commissioners, notice In %ritinis OF
| such appeal within that time, stating therein
| the reasons therefor; and at the request OF
| the appellant or tho commissioners u inland
| fisheries and game the senior commissh ners IN
office ofany two adjoining counties 81 all be
associated with them, who shall appointl time
to view the premises and hear the partia ana
give due notice thereof, and after such hearing
| they shalt decide the question submitted, ana
cause record To be made thereof. and their de-
| clsion shall be final as to the plan and location
appealed from. IL the requirements OF the
commissioners Of inland fisheries and game are
| affirmed, the appellants shall be liable for tho
| costs arising after tho appeal otherwise they
| shall be paid by the county. II tsh~ny 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 fish
| way to the satisfaction of the commissioners Of
inland fisheries and game, or at any subsequent
during which the same shall be kept open aud
free from obstruction to the passage Of fish
each 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 lit. Unless
otherwise provided, fshways gi:ali 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
bred dollars for every day of such neglect
Section 40. Whenever the commissioners of
| inland fisheries and game find fshway out OF
repair or needing alterations, they may, "a in
case of new fshways, 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. II
the dam is owned and occupied by more than
one person, each is liable for the cost of erect
ing and maintaining such fshway, in proper
ton to his interest in the dam, and if any
| owner or occupant neglects or refuses to join
| with the others in erecting or maintaining such
fshway, the other owners occupants shall
erect or repair the same, and have an action on
the case against such delinquent for his share
of the expenses. II the owner or occupant of
such dam resides out of the state, said penal
ties may he recovered by libel against the
dam and land on which it stands, filed 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
wardens who shall give to such owner or occu-
pant and all persons interested therein, such
notice as the court or any Justice thereof in
|
judgment therein, against said dam and lands
for said penalties and costs, and order n sale
thereof to satisfy such judgment and costs of
sale. subject, however, to all said requirements
for the erection and maintenance or repair of
said fshway. The commissioners of inland
fisheries and game may delegate to any fish
warden or other lawful. officer Of fisheries any
of the powers given to said commissioners in
relation to the constructioniof hshways.
Section II. The. following waters and their
| tributaries are exempt from the provisions re-
lating to migratory fishes and the supervision
| of the fshways by the commissioners that is
| to say. Royal river in North Yarmouth, Sew
ais pond or its outlet in Arrowsic, so much of
| the waters of the Damariscotta river as are
west of the railroad bridge near Damariscotta
mills, all waters in NinalhaYen, fremont,
Mount Desert, Eden Franklin. and sullivan,
Pleasan. river Washington county, East
Machias river, and the eastern Penobscot river
in Orland. Little river in Perry shall be ex-
empt from all the foregoing provisions that re-
late to maintaining fishways in said river, OK
cept during April, May and June.
| Section AZ. For the purposes of this chapter,
the term salmon means the common mi ra-
! tory salmon of the sea coast and rivers; the
| term land-locked salmon means any of the
species or varieties of salmon that do not peri
| odica!ly and habltually run to the sea, being
| the same locally known as salmon trout and
black spotted trout the term 'alewife' means
the small species OF migratory fish called 'ale-
wife but known also by the local names of
herring and gaspereau,' and also includes the
similar species found in tidal waters and known
as 'blueback;' and the term bass means the
| striped bass of tidal waters.
section 49, The provisions of this chapter so
( far as they relate to fish apply 10 the taking of