Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-06-22
Ruling fromAtty. Genera|'s
Dept. on Fish Law.
Interesting Facts Develop Re-
garding Malaga Island.
Two Tons Of Magazines Are Being
Shipped Back to Bangor.

It will be unlawful for any person
after July to take, catch. kill, or
have in possession in one day more
than 10 pounds Of landlocked salmon,
or more than 40 fish in all, but private
and special laws fixing a smaller
weight or less number OF fish in any
particular pond or stream will still
remain in force. Such IS the opinion
81 Assistant Attorney General Cyrus
X. Upper of Boothbay Harbor. given
in response to inquiry by the commits
sioners of inland fisheries and game
Chapter 1856 of the Public Laws of
1911, which makes it unlawful for any
person to take, catch, kill or have in
possession in any one day more than
l. pounds of iandlocked salmon, trout.
togue, or white perch (unless an indi-
vidual fish so taken exceeds 10 pounds
in weight or more than 40 fish in all,
will go into effect July l. Section 4
Of the act provides expressly that all
acts or parts of acts inconsistent with
this act are hereby repealed. Doubts
have arisen in the minds of many
as to the correct Interpretation of tho
repeating clause of the act and since
have been received by the commission
ers of inland fisheries and game as
to what effect it would have upon pri-
vate and special laws now in force,
which set a different limit.
The commissioners accordingly pro-
pounded the following question to the
attorney generals department: Does
this new law change the provisions of
the private and special laws now in
force which place the limit different
from the general law? For instance,
Chapter 260 of the Private and Spe-
cial Laws OF 1905 provides that one
person cannot take more than 10
pounds of fish in Moxie pond and trib-
utares in one day and Chapter Go of
the Private and Special Laws of 1863
provides that not more than 20 fish
can be taken in one. day by one per-
son in Bartlett and Cook brooks in
York county; now the question Is
asked US whether this new law. Chap
ter 1S5, repeats these special pro-
visions and places the limit on such
waters as provided in Chapter 1S5.
The reply from the attorney generals
department to the question propounded
DIV the COMMISSIONERS is DIS lOIoNS.
In answer To your question | Will
say that in my opinion this act would
apply to all lakes. ponds and streams,
so that Is pounds would be the limit in
weight and 40 the number of fish.
ANY private law, which fixes
larger amount in weight or larger
number of fish would be inconsistent
with this law and therefore repealed
by Section 4. Any private law. which
fixes smaller weight or less number
of fish IN any particular stream or
pond would still be in force, as such
law would not be inconsistent with this
act.
I'm other words. the new law is In
tended to cover all waters that were
covered by the old general statutes
and would apply to all other waters
regulated by private laws, where
private law was inconsistent with this
act. Other private laws, regulating
fishing. fixing the smaller number oil
pounds to be taken or a less number
Of fish would still remain in force.