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

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Dishes, except the Saint Croix river, between the
hrst days of April and October, under penalty
OF not more than twenty nor less than ten dol
lars for each offense. But this section shall not
Section 5e NO weir, hedge, set net or any
other continuance for the capture OF fish, which
IL stationary while in use, shall extend Into
more than two feet of water at ordinary low wa
Ter. under penalty of not more than one hum
dred nor less than fifty dollars, and forfeiture of
al apparatus and material so unlawfaily used.
This provision applies to any seine or drift net
which IL at any time attached to a stationary
object, but not to fykes or bag-nets used in the
winter fishery for snlelts and tom-cods, not to
any implements lawfully used above the flow
OF tide, nor to any portion Of Pen0bscot river,
Day or tributaries, nor to the Saint Croix river
I'VE hundred feet above Ferry's point, in
Section 81. The limit Of depth prescribed for
weirs in the preceding section shall be meas
ured at the entrance of the weir, provided that
DO part of the weir known as the leader, is In
more than two feet of water at low water mark
Weirs may exceed the limit of two feet depth,
measured as Aforesaid, under the following
conditions; first, the distance from the before
mentioned two feet limit to the entrance of
such weir, shall not exceed one hundred feet;
second, no such weir shall obstruct more than
oae-eighth of the channel, except that in the
Cathance, Abbagadasset and Eastern rivers,
such weirs may extend twenty-five feet beyond
the one-eighth aforesaid, provided such extern
sion shall not exceed one-fourth OF the width
OF the channel In the Abbagadasset and Eastern
rivers; third, every such weir shall be stripped
%
tween the twenty-ffth day of June and the fis-
teenth dayof August of each year but these con-
ditions apply only to weirs that exceed the afore-
said limit of depth. The standard for low water
mark on the Kennebec river, is in ali eascs the
nearest bench mark of the United States coast
survey, allowance being made at the various
sions of this and the preceding sections do not
apply to weirs built for the purpose of taking
herring, or other salt water iish.
Section %. All boats, implements and mate
Eap In VII iaffr rFc
tions thirty-fiye and thirty-six are forfeited.
Section 5S. Whoever shall construct. set,
device, in the waters of the Damariscotta river.
northerly OF the bridge between the villages OF
Newcastle and Damariscotta, for the purpose
shall take or catch any alewiyes within said
limits, except by hook and line, shall be pun
ished by a fne of two hundred dollars for each
o oi.,; an nets, weirs, seines or other ma
De deemed forfeited and contrahand, and any
member of the fish committee of the towns Of
Newcastle or marlborough finding them in
such use, may destroy them. But nothing IN
this section shall be construed TO abridge or
ehect IN any manner the rights and privileges
now held by law, by said towns of Newcastle
and marlborough in the aiewive fishery in the
said Damariscotta river,
Section 5i. From the first day Of April to the
n.eeenth DAY OF July In each year, all persons
seines, traps, weirs, or any other contrivance
in that part of Pemaquid river which lies be-
from the site of the old Pemaquid fort, for the
term OF ten years from the twelfth day of Feb
ruary, eighteen hundred and ninety-fye ANY
person violating any OF tho provisions Of this
section shall be subject TO fine of one hundred
dollars, and forfeiture of all boats nets and ap-
paratus used in such Illegal fishing.
section 30. Al fishing for aiewiyes at or
be restricted to four days in each week, aud
the fishing season shall be from the first tiay of
April to the fifteenth day of July of each year
utDrPSatn tiah t.oii ha
under such regulations and further restriction.
as the bsh committee of the town OF Bristol shall
decide upon.
Section Sc. No person not authorized by tn,
fish committee of the town Of Bristol shall b,
allowed to catch or disturb any alewives ii
Pemaqutd river above the flow of the tide, an,
| no person unless authorized by said fish com
\ mittee, shall set traps, use any other contriy
ance for catching cells, or any other fish, tina
shall in any way interiors with the passag,
| either way, of alcwiyes old or young; any pc
| son violating this section shall be subject to
fine of twenty-five dollars and one dollar fe
| each fish so taken or destroyed.
i Section 81. A bounty OF one dollar for eac
and every seal killed in the waters of this stai
shall be paid by the treasurer of the town
| which such seal is killed, to the person exhibi
ing to said treasurer the nose of such seal wit
in thirty days after said seal was killed. Sue
treasurer shall destroy it,and shall then procee
\ the revised statutes. The 4arcasses of sue
| seals when destroyed shall not be left dereiit
IL any waters Of the state, but shall be remove
sons destroying them; pro yfded. however, tina
e shall be unIa wfnI during the months Of June
ss On o es on
range weapon, which might eDdanger human
life, under penalty for a violation OF either OF
the provisions of this section, of fifty dollars TO
fore apy court IF eomnetsnt risdiciton oe
Section So. Cities. towns and plantations are
authorized to raise annually, by two-thirds
| vote at their annual meeting, a sum not ex
ceeding five hundred dollars, to be expended
| by the municipal officers thereof or by com.
mission elected by the cities, towns or planta
| tons, for the propagation and protection o
/ within their respective limits. A report of thi
| expenditures thereof shall be made at the mex
| annual meeting by the officer or officers anthoy
| lied to expend such appropriation.
| Section SO. Any riparian proprietor MAJ
within the limits of his own premises, inclos;
the waters of a stream not nsyigable, for the
cultivation of useful fishes; provided, that hi
furnishes suitable passages for migratory tishe.
naturally frequenting such waters. and does
not obstruct the passage OF boats and other
craft and materials in places where the same
have a right to pass.
SecpIon 90. Any person legally engaged in
the artificial culture and maintenance of fishes
may take them in mis- own inciosed waters
wherein the same are so cultivated and main
tained, as and when he pleases, and may at all
times sell them for cultivation and propaga-
ton, but he shall not sell them for food at
seasons when the taking thereof Is prohibited,
under penalty of not less than ten nor more
than one hundred dollars, and a further pen
sold.
Section 81. Any person engaged in the arti-
fetal propagation of trout, or fresh and salt
water salmon, when the parent hsh are taken
from public waters in the state, shall retain
not less than twenty-five per cent. of all eggs
taken from said parent fish and cause the same
to be properly cared for and Matched, and
when Matched and in proper condition, to be
returned to q place suitable for such young
fish in the original waters from which the
parent fish were taken, and shall cause said
parent fish to be returned TO safe locations IN
such waters, under penalty of not less than
fifty nor more than five hundred dollars for
each offense. But this section does not apply
to cases in which the parent fish are taken In
the manner and at the time and place permit
ted for the capture of such fish for food; nor
to operations in fish culture conducted for pub
lie purposes by permission of the commission
ers of fisheries, who may affix such conditions
to their permits as they see tit, requiring in no
case less than twenty-five per cent. of the
young fish to be returned as provided in this
section.
Section 60. No person, without permission
Of the proprietor, shall fish in that portion of
pond or other water in which fish are arti-
ideally cultivated or maintained, rnder pen
atty OF not less than ten nor more than one
hundred dollars, besides two dollars for each
fish so taken or killed. and in default of pay
ment such offender shall be imprisoned at the
expense of the prosecutor, until said forfeiture