Democratic messenger. [volume] (Snow Hill, Md.) 1869-1973, 1910-01-29
GOVERNMENT
To INVESTIGATE
Setting OF Pound Nets, Stakes
And Other Distractions In
River And Bay.
Editors !Snow HI Measemger


Complaint having been made by
certain navigation interests Of interfer-
ence thereto by numerous fish traps and
stakes in Chesapeake Bay and tribu-
taries, have been directed by the War
Department to investigate the matter
with a view to devising means for
remedying conditions as far as possible,
as will be seen by the following instruc-
tions Of the Chief of Engineers, U. S.
Army:
"The Department recognizes the fact
that the fishing industry is probably the
most important one in this section I;
that it furnishes means of living. and
practically the only one, for large
number of people, and that its products
are the principal articles Of shipment
both by rail and boat from locality. For
this reason it has been the policy of the
Department to refrain from interfering
with this industry so far as possible,
having proper regard for the reasonable
requirements Of navigation, and this
policy is understood to be agreeable to
transportation interests generally, as
they are dependent upon the industry
for the large portion of their business.
But while disposed to treat the fishermen
with large measure of liberality, es-
pecially during the fishing season when
their operations are active, they should
not be allowed to leave their stakes and
other implements employed in their
vocation to the injury of navigation,
when the season has closed or the fish
ing grounds have been abandoned. They
should remove these distractions, and
| if it Is possible to locate offenders in
this regard, they should be reported to
the United States District Attorney
with view to enforcing the law. For
this purpose Major Craighill is author
lied to have thorough investigation
made, and if past offenders cannot be
ascertained. some means should be de-
vised for impressing upon the parties
engaged in fishing that such derelictions
will not be longer tolerated.
The law on the subject is contained
in the river and harbor act approved
March3, 1899, Section 10 of which reads
as follows
THAT the creation of any obstruction
not afIirmatively authorized by Con-
gress, to the navigable capacity of any
of the waters of the United States is
hereby prohibited and it shall not be
lawful to build or commence the build
ing of any wharf, pier, dolphin, boom,
weir, breakwater, bulkhead, jetty or
other structure in any port roadstead,
haven, harbor, canal. navigable river,
or other water of the United States,
outside established harbor lines, or
where no harbor lines have been es-
tablshed, except on plans recommended
by the Chief of Engineers and author
| lied by the Secretary of War and il
shall not be lawful to excavate or fill,
or in any manner to alter or modify the
course. location, condition or capacity
of any port, roadstead, haven, harbor,
closure within the limits of any break
water. or of the channel of any navi-
gable water of the United States, I'M
less the work has been recommended
by the Chief of Engineers and author
lied by the Secretary of War prior to
beginning the same"
| The penalty for the violation of the
above section is contained in Section IL
of the same act, and is as follows:
| THAT every person and every cor
poration that shall violate any of the
provisions of sections ten Of this act
shall be deemed guilty of misdemeanor,
and on conviction thereof shall be
punished by fine not exceeding twenty
five hundred dollars nor less than five
hundred dollars, or by Imprisonment
| lin the case of a natural person. not
exceeding one year, or by both such
punishments, in the discretion of the
court. And further the removal Of any
structures or parts Of structures erected
in violation Of the provisions Of the said
sections may be enforced by the in
| junction of any circuit court exercising
| Jurisdiction in any district in which such
structures may exist, and proper pro-
ceedings to this end may be instituted
under the direction of the Attorney Gen.
eral Of the United States.
The active seasons for fishing in these
waters are from March to June. and
from October to ice-usually about the
end of December and all fishermen
should promptly remove their stakes
and nets from navigable waters after
those periods. Upon failure to do so II
will become my duty under the law, to
report the matter to the United States
District Attorney for his action. At
no time should the stakes be cut off be-
low or near the level of mean low water,
nor planted in or across courses usually
followed by navigators.
Understanding that you are interested
in the fishing industry, this letter is
sent you for your information and aid