Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-04-14

sioner of fish and fisheries. in the pro-
secution of the work of fish culture and
of scientific research relative to fishes.
The order setting apart such waters
shall be recorded in the registry of
deeds of the county in which they are
situated. In the waters so set apart,
they and the United States commissioner
of fish and fisheries, and persons acting
under their authority may, in their re-
spective fish culture and scientific work,
take fish at any time or III any manner,
and erect and maintain any fixtures
necessary for such purposes Ne other
person shall take or Kill any fish, or
use any implement for fishing therein.
under a penalty of not less than ten nor
more than one hundred dollars, and a
further penalty oil one dollar for each
fish so taken or killed; provided how
ever, that before such hearing they shall
give notice thereof, by publication Of
their intention for two successive weeks
III at least one newspaper printed in the
county where such waters lie ~They are
authorized 10 grant permission to take
moose. caribou deer, and birds for park
purposes in this state, under such rules
regulations, and conditions as they shall
establish. They shall have authority
TO cause the destruction of any mink
or other destructive animal or bird found
in or around any fish hatchery or feed
ing station in this State.
They shall have authority in their dis
erection to compel the owner or occupant
OF every dam or other artificial obstruc-
ton above tide water in any river or
stream frequented by salmon, land
locked salmon, Shad, alewives or other
migratory fishes, to provide the same with
a durable and efficient fishway, of such
form and capacity, and in such location
as may. after notice in writing TO one
or more of said owners or occupants
and hearing thereon, be determined
by the commissioners of inland fisheries
and game by written notice to- some
owner or occupant specifying the loea,
ton, form and capacity of the required
fishway, and the time within (which. 1T
shall be built; and said owner or ocAn
pant shall keep said tishway in reIaN2
the passage of fish. during suchtxApe4
as are prescribed by law: providetShNN.
ever. that in case of disa gree meHfa5d-
tween said commissioners and the owner
or occupant of any dam, as TO the pro-
priety and safety of the plan Submitted
to the owner or occupant of suesi dam
for the location and construction of the
fishway, such owner or occupant may
appeal to the county commissioners nf
the county where the dam il located.
within twenty days after .potIee of the
determination from the oHehissioners of
inland fisneries and game Wy giving to
the latter named commissioners notice
i'll writing of such appeal within that
time. stating therein tfif reasons there
for; and at the request of thaSappellant
or the commissioners of nlaNH fish. ries
and game, the SENIOR commissioners in
office of any twofadjoining cthlnties shall
be associated with, them, YIN shall APP
point a time to. new thesspremises and
thereof, and after sud- hearing they
shall decide the question submitted, and
cause record to- be made thereof. aud
their decision shall An final as to the
plan and location Appealed from II the
requirements OF the commissioners of
inland fisheries ana game are affirmed
the appellants shall be liable for the
costs arising after the appeal. otherwise
they shall be paid by the county. II a
fishway thus required is not completed
to the satisfaction of the commissioners
Of inland fisheries and game within the
time specified. every owner or occupant
shall forfeit not more than one hundred
nor less than twenty dollars for every
day OF such neglect between the first
days of May and November On the
completion of nshway to the satisfac-
tion of the commissioners of inland fish
cries and game. at any subsequent
time, they shall prescribe in writing the
time during which the same shall be
kept open and free from obstruction to
the passage of fish each year. and a
copy of such writing shall be served on
the owner or occupant of the dam The
commissioners of inland fisheries and
game may change the time they see
fit. Unless otherwise provided. fshways
shall be kept open and unobstructed
from the first day of May to the fif-
teenth day of July, The penalty for neg
leeting to comply with this section.
with any regulations made in Accord
anee herewith, is not less than twenty.
every day OF such neglect.
Section Is. Whenever the commits
sioners of inland fisheries and game find
fshwav out of repair or needing alter
ations, they may, as in the case of new
fshways, require the owner or occupant
10 make such repairs or alterations: and
all proceedings in such cases and the
penalty for neglect shall he as provided
in the preceding section without appeal
If the dam is owned and occupied by
more than the one person, each Is liable
for the cost of erecting and maintaining
such fiShway, in proportion to his inter.
est in the dam, and if any owner or
occupant negleets or refuses To join with
the others in erecting or maintaining
such fishway, the other owners or co.
cupants shall erect or repair the same,
and have an action on the case against
such delinquent for his share of the ex-
penseS. If the owner or occupant of
such dam resides out of the state, said
penalties may be recovered by libel
against the dam and land on which 1t
stands, filed in the supreme judicial
court in the county where il is located,
in the name of the commissioners of
inland fisheries and game or of any in
land FISH and game wardens who shall
give to such owner or occupant. and all
persons interested therein. such notice
as the court or any justice thereof in
vacation orders. and the court may rem
der judgment therein, against said dam
and lands for said penalties and COSTS
and order a sale thereof to satisfy such
however, to all said requirements for
the erection and maintenance or repair
of said fishway. The commissioners of
inland fisheries and game may delegate
to any inland fish and game warden
other lawful officer of inland fisheries
and game any of the powers given to
said commissioners in relation to the
construction of fishways.
Section 10. Said commissioners shall
have authority to grant permits to
transport beyond the limits of the State
live fish or game taken in the State. for
breeding, scientific and advertising pur-
poses. They are authorized to employ
attorneys at trials in minor courts for
violations of the provisions of this chap
ter, and necessary additional clerks in
their office. and may have at least two
daily newspapers published in the State.
such as they may select, for use in their
Office, all of which shall be paid for out
of the regular appropriation for their
department
They shall, on or before the thirty-first
day of December If each yenr make an
annual report to - Governor, who shall
cause not exceeding three thousand
copies to be printed
Section 20. Said commissioners may in
their discretion authorize the screening
of the outlet of any pond or lake under
such conditions as they may determine
Whoever shall take up, destroy or in
jure any screen erected at the outlet
of any lake or pond by authority of the