Catoctin clarion., 1903-04-23
Fish Law.

The Neos, having requested stale Attor-
ney Worthngton to make statement re.
garding the laws regulating fishing in Fred,
erick county, has received from HIM the fol-
lowing which we copy from its columns:
Replying to your inquiry respecting the
fish law beg to say that the act OF 1900
chapter 56S provides that, 1T shall not be
lawful for any person to take, capture or de-
stroy any fish In any manner between the
18th day of April and the lst day of June in
waters of said (Fr. derick) county; provided
the Potomac river shall be exempted from
tue provision of this section The penalty
for violation of the law is a fine of not less
than s., nor more than $40, to be recovered
before justice of the peace, onehalf to the
informer. Upon failure to pay the fnc and
costs imposed the justice shall commit the
offender to .he county Jail for not exceeding
ten days, with the right of an appeal to the
circuit court.
"While this act exempts the Potomac river
from its operation the act OF 1896 chapter
427 provides that 1T shall not be lawful for
any person to catch or kill any black bass,
green bass, rock bass, pike or picFerel, or
wall eyed pike, between the 18th day of
April and the first day of June OF each year,
nor catch or kill any of said species of fish at
any other time during the year, save only
with rod, hook and line or dip MT. The
word shook and line" shall not include trot
lines or outlines This law was proclaimed
to be in iorce by the Governor IN May 1897.
The penalty for violation of the law regu-
a,ing fishing in the Potomac is fine of not
exceeding 5000, or six months in Jail. In
this latter case, thnt is, under the act of 1895
chapter 427 justices of the peace cannot I'M
pose the fine but may hold the offender for
the action OF tn grand jury.
There is also law respecting the catch
ing of trout This Is the act of 1892, chapter
$50. This law, taken in connection with the
ACT first above mentioned, would seem to for
bid the catching of trout from any of the
streams of this county, at any time except
from June 1st to October 1st That is to say
they may be caught during June. July, Au-
gust and September, only.
THE act of 1896; chapter 393, which SEEM
ed to permit fishing in the Monocacy river
and its tributaries above the Creagerstown
bridge over the Monocacy at any time, is re.
pugnant to the act of 1900, chapter $685. and
is deemed to be, since the last mentioned act,
wholly imperative and void. The law us 1t
now stands applies evenly to the whole coun'
w. And the act of 1902, chapter 500, forbids
any person not bona tide resident or tax.
payer of the state, to catch or kill any fish
in Monocacy river 'r its tributaries, in Ficd-
erick county. above the Creagerstown bridge
without a license from the Clerk of the
Court, for which license lee of $40 will be
charged. The licensee is required TO carry
his license with him when fishing to show TO
any officer who may undertake to arrest
him, or who may demand to see the license,
The fine for violation Of this license law
is $40, and in default, commitment 10 Jail by
Justice of the peace for 80 days. The JUS
,ice may also impose the fine.
WIN so many ehaS'heu'o all NV eui
prsed that fishermen get confused as to the
law. have therefore been at some pains to
look into the matter and believe the above
to be a correct cpitome of the whole law on
the subject applicable TO Frederick county.
The opinion is sometimes expressed that the
law does not apply to carp, but l nowhere
find such an exception in the statutes
"In addition to the above, which concern
chiefly the time for fishing it may be said
that dragging seines is forbidden In the wa.
tiers of the Monocacy and its tributaries at all
times; also the catching OF fish in fish pots;
also the exploding of dynamite or other ex-
plosives in the waters of the county for the
purpose of destroying fish,