Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1901-04-03

I.
bushei so shipped or transported.
section 49, Amy inhabltant of the state,
with consent Of the adjacent riparian proprie-
tors, may plant oysters below low sater mark
IN any nayigable waters, in places where there
- 70 natural oyster bed; inclose such grounds
with stakes. set at suitable distances and ex-
tending At least two feet above high water mark:
but SO as not to obstruct the free navigation OK
such waters, and have the exclusive right of
taxing such oysters. Whoever trespasses on
sucn inciosure, or Injuries snch oyster beds. Is
liable In an action Of trespass for all damages;
and IL he takes any oysters therein without the
consent OF the owner, he shall forfeit not less
tnan twenty nor more than flfty dollars or be
imprisoned not exceeding three months.
Section Al. 1t shall be unlawful to use any
purse or drag seines in the following waters,
Dut no Others: In Casco bay north OF line
drawn easterly from Princes point in the town
q Yarmouth to Bear island in the town Of
mi creeping for smelts, bluebacks
drawn across said river from Fort Popham in
the town OF Phippsbure to point opposite at
e sas Lower END 81 Long island in the town of
bridge leading from Wiseaeset TO Edgecomb
lnDamariscotta river above q line drawn from
Farnham- head in the town Of Boothbay to a
Bristol, excepting the use of drag seines
between che above line and The Ledge for ali
Above snefR as Mg rn n Mcdonnell
town o. Friendship, westerly by the northeast
end OF Hog island to point opposite in the
and tie tributaries in any other Way ia Sv
nook and line. In Georges river, above line
drawn from Hoopor's point in the town Of
SAINT 50 George, westerly past the northerly end
OF Caidwcsrs Island to a point opposite on the
shore In the town of Cushing or to take smeits
in said river and Its tributaries in any other
vsnal 70 oy aSek ana line OF dip nets no In
smeitx within y period of twenty-fpur hours
with dip net: In all bays, inlets, rivers and
harbors east OF the west shore OF the Penobsoot
bay and river where any entrance to the same
or any part thereof from main land to main
land mot more than three nautical miles in
for the purpose Of taking smelts in these wat
ers. except In Bluehiil bay. The taxing Of her
ring, or fishing therefor, by the use of purse or
arag seines ana all other sefnes or nets except
the use Of seines nets In weirs, from the flrst
day OF June to the first day of November in the
waters OF Machias bay and its approaches inside
straight from the highest summit of the island
called The Brothers, easterly TO point one-half
mile distant and due south from Libby island
southerly extremity of the southern island
called Double Head Shots, is hereby prohibited
ANY person violating any OF the provisions Of
THIS section shall be liable to a penalty not ex-
ceeding five hundred dollars for each offense
TO be recovered In an action OF debt.
section AZ. The following waters aud their
tributaries are exempt from the provisions re-
lAting to migratory fishes, and the super vision
of fishways by the commissioners that IL to
say; oyalrsriyer in North Yarmouth; Sewaips
pond or its outlet in Arrowsc; so much of the
waters OF Damariscotta river as are west of the
railroad bridge near Damariscotta Mills; the
eastern Penobseot river in Orland; Winslow's
stream in Penobscot; all waters in Vinalhayen,
fremont. Mount Desert Eden, Franklin and
sullivan; Pleasant river in Washington county
and East Machias river; Little river, in Perry,
shall be exempt from all the provisions OF law
that relate to maintaining fishways in said
river, except during Aprsa. May and June.
Section A3. No salmon, shad or other migra-
tory fish shall be taken or fished for within fye
hundred yards of any fshway, uam or mill race;
nor in the Penobscot river between the mouth
of the kenduskeag stream and water works dam
at Treats falls on said river, nor between the
Augusta highway bridge over the Kennebec
river and the Augusta dam; nor any salmon
five hundred feet above Ferry point bridge on
the Saint Croix river in Calais between the first
days of April and November, except by the
ordinary mode of angling with single hook and
line or artihcial flies; nor shall hook and line OF
artificial flies be used at any time within one
hundred yards of any fishway, dam OF mill race
but this section shall not apply to the taking OF
river, and by the town of waidoboro in Medic
max river, under the authority granted sait
towns by private and special law of Massachu
sets, passed March six, eighteen hundred an,
| two. and amendments thereof, passed by tn,
| legislature OF this state; nor shall 1t apply t.
| the taking OF alewiyes by the town of Wooiwicl
IN Nequasset stream; dy fishing shall be Above,
4 up to the bridge across the Denny's river a
| Lincoln's mill. but not between said bridge ant
Lincoln's mill dam. But this section shall no
apply TO the Tacoma falls and the Lower falls 81
called, Of the saco river. Iocared at Bfddeforc
and saeo; and upon the nrst three days Of each
s ss%Ss1 o. each ysaI q, may aip for
named above. But 1t shall be Sawfni FOR any
person TO take any salmon, shad or aiewtves IN
ing IN the county Of Wa.hingsen ap ~ one
hundred and thirty yards OF the hshway Mt the
lower dam IN said river, subject however, to all
the laws of the state, and laws regulating the
taking of such fish in said river. The penalty
for any violation of this section is fine of not
more than hfty nor less than ten dollars for each
| offen5e, and a further fine of ten dollars fol
| each salmon and one dollar for each slaQ SC
| taken.
Section a. No person shall set any net OF
seine within five hundred feet of the mouth Of
any weir under a penalty of fifty dollars fol
each olfeuse.
Section As The owner or person in charge Of
any weir is hereby permitted to use nets and
seines in such weir.
section 46. From the fifteenth day of July tc
the first day of April following, there shall be
close time for salmon during which no
salmon shall be taken or killed in any manner,
under penalty of not more than fifty nor less
than ten dollars, and a further penalty of ten
dollars for each salmon so taken or killed.
Provided, however, that between the fifteenth
days of July and September, it is lawful to fish
for and take salmon by the ordinary mode, with
rod and single line, but not otherwise. But it
shall be lawful to take salmon by weirs the
Saint Croix river below the breakwater at the
ledge between the fifteenth day of May and the
SECTION A. Between the first day of April
and the fifteenth day of July there shall be a
weekly close time of forty-eighs hours from
on the following Monday morning. during
which no salmon, shad, alewiyes or bass, shall
be taken. During the weekly close time all
seines, nets and other movable apparatus shall
he removed from the water. Every weir shall
have In that part where the fish are usually
taken, an opening three feet wide, extending
from the bottom to the top of the weir, and the
netting other material which closes the
same while fishing. shall be taken out, carried
ON shore and there remain during the weekly |
close time, to the intent that during said close
time the fish may have free and unobstruct- |
cd passage through such weir or other struct- |
ure and no continuance which tends to hinder |
such fish shall be placed in any part thereof. |
If the Enclosure where the fish are taken is fur |
nished with board floor, an opening extend |
ing from the floor to the top of the weir is |
equivalent to one extending from the bottom |
to the top. The penalty for the violation of |
this section is twenty dollars for each offence.
This section does not apply to the Kennebec,
Androscoggin or Penobscot rivers or their |
or to the Saint Croix river below |
the breakwater at the LEDGE Provided, how
ever, that the weekly close time on the Damaris-
Gotta river, below the bridge at Damariscotta
shall be from sunset on each Saturday night
to twelve o'clock on the following Sunday night.
Section A. No smelts shall be taken or
fshed for in tidal waters. except by hook and
line, between the first days of April and Octo-
Der, under penalty OF not less than ten, nor
~. lz.lTz oh fF-a.-