time, within forty rods of any place within said ponds or any branch Standing seines thereof where another person may have already set his standing or nets, when permitted in. seine or net, nor shall any person maintain any such standing seine or net in the same place for more than forty-eight hours, if any other person desires to occupy the place. SEC. 23. Every person violating any provision of the six sections Penalty for next preceding, shall be fined not less than twenty dollars, nor more violating provisions of six than fifty dollars, and shall also forfeit the boat, seine, net, and other preceding secapparatus by him used in such violation, one half of said fine and tions. forfeiture to and for the use of the person so complaining, and the other half to and for the use of the state. SEC. 24. Every person living without the state, who shall take any lobsters, tautaug, bass, or other fish, within the harbors, rivers, or waters of this state, for the purpose of carrying them from thence in vessels or smacks, shall be fined ten dollars for every offence, and shall forfeit all the fish or lobsters so taken. SEC. 25. Every person who shall take any fish in any stream or fresh pond, except upon his own land, in any other way than by hook and line, or who shall take or carry away any fish from any private pond, brook, stream, preserve, or any other place made, constructed, or used for the purpose of breeding or growing fish therein, without the consent of the proprietor or lessee of such pond, brook, stream, or preserve, shall be punished by a fine not exceeding twenty dollars, or by imprisonment in the county jail not exceeding thirty days, or by both such fine and imprisonment; but nothing herein contained shall be construed to authorize the taking of any fish from any pond or stream stocked with fish at the expense of the state. SEC. 26. Every person who shall take any pickerel between the first day of April and the first day of June in each year, or any trout between the first day of September and the first day of March in each year, shall forfeit twenty dollars. SEC. 27. All actions for violations of the provisions of the preceding two sections shall be commenced within thirty days after the commission of the offence, and not afterwards. SEC. 28. If any person shall by any seine or stop-net, or otherwise obstruct the channel leading from the sea into Ward's Pond, and up through said pond on each side of Watermelon, Gooseberry, or Larkin's islands, he shall forfeit not less than five, nor more than twenty dollars. SEC. 29. Every person who shall erect any dam, weir, or other obstruction across Mill Cove in Warwick, or from the mouth of said cove to the pond of fresh water which runs into said cove, or who shall keep up any dam or weir or other obstruction already therein made, and any owner or occupant of land adjoining said Mill Cove or the stream leading from said pond into said cove, who shall permit any such obstruction to be erected or continued in or upon said cove or stream, whether done, erected, or continued by himself, or other persons adjacent to his land, at any time between the first day of March and the first day of November in every year, without leaving open through such dam or weir a sufficient way, at least four feet in width, for the fish to pass, shall forfeit fifty dollars for each offence. Penalty on non-residents carrying away lobsters, &c. Penalty for SEC. 30. Every person who shall fish in said cove, except with a Same subject. hook and line, on Saturday or Sunday, or who shall catch or hinder any alewives coming down said Mill Cove or said stream, or shall therein at any time set any weir or device to prevent the passage of the fish, shall forfeit ten dollars for each offence. Same subject. Penalties, how to enure. SEC. 31. Every person who shall set or draw any seine or net in said Mill Cove, or off from the mouth thereof to Long Meadow Rocks, or from the mouth thereof to the pond of fresh water which empties into said cove, between the first day of March and the fifteenth day of June, shall, for each offence, forfeit fifty dollars, and the boats, seines, and apparatus, by him used in the commission thereof. SEC. 32. All forfeitures under this chapter shall, where there is no other provision made to the contrary, enure, one half thereof to the use of the town where the offence shall be committed, and the other half to the use of the person suing for the same. No weir, &c., Pawcatuck Weirs, &c., not Times of fishing. Penalties, how to enure. Preceding provisions a compact with Connecticut. Penalty on owner of ad SECTION 1. No weir or pound or other obstructions shall be erected or continued in the channel of Pawcatuck River, dividing the states of Rhode Island and Connecticut, so as to interfere with the main channel of said river, upon penalty of twenty dollars for the first offence, and seven dollars for every twenty hours, or any less space of time, any such weir or other obstruction shall be continued in the main channel of said river after the first offence. SEC. 2. No weir or pound shall be erected or continued upon any flat or other part of the bottom of said river, eastward or westward of the aforesaid channel of said river, between the first day of June and the twentieth day of March, annually, upon penalty of fourteen dollars for the first offence, and seven dollars for every succeeding day such weir or pound shall be continued in said river, from the first day of June to the twentieth day of March, annually. SEC. 3. No person shall fish with mesh or scoop nets in Pawcatuck River, or any of its branches, after sunset on Friday until sunrise on Monday in each week, from the twentieth day of March to the first day of June, annually; and no person shall use more than one net at a time, upon penalty of five dollars for every offence. SEC. 4. All penalties incurred for violation of any of the provisions of this chapter, shall enure, one half thereof to the complainant, and the other half to the town where the offence is committed. SEC. 5. The foregoing provisions of this chapter shall be considered as forming a compact with the state of Connecticut, from which this general assembly will not depart until the legislature of the state of Connecticut shall agree with the legislature of this state to a repeal thereof, alterations therein, or additions thereto. SEC. 6. If any owner of land adjoining Pawcatuck River in this state shall permit any weir, pound, or other obstruction to be erected or continued upon any flat or bottom of said river, whether done, joining land erected, or continued by himself, servant, lessee, or any other person, for permitting by his privity or consent, such owner shall be liable for any such weir, &c. breach or violation of the second section of this chapter, in the same manner as though the same had been committed by such owner in SECTION 1. Every person who shall take any scollops from any of the waters of this state, by dredging, or by nets of any kind, or expose any scollops taken therefrom for sale within this state, or shall export the same from this state, at any time between the fifteenth day of May and the fifteenth day of September in each year, shall be fined twenty dollars for each offence. SEC. 2. Every person who shall neglect, at the time of taking any scollops from any of the waters of this state, to cull out and restore to said waters the scollops of the set of July and August of the year next preceding such taking, shall be fined twenty dollars for each offence. Penalty for taking, &c., scollops beMay and 15th September. tween 15th Penalty for not SEC. 3. Every person who shall take from any of the waters of When scollops this state any scollops, except between the hours of sunrise and sun- may be taken. set on any day, shall be fined twenty dollars for each offence. SEC. 4. Fines incurred by a violation of any of the provisions of this chapter shall be recovered by complaint and warrant, and shall enure, one half thereof to the use of the state, and the other half to the use of the complainant. Fines, how recovered, and how to enure, Commissioners of, how appointed, and term of office. Duties of commissioners. Of publication, &c., of their regulations. Penalty for violating their regulations, taking fish from stocked ponds, &c. Penalty for catching fish within a half mile of outlet SECTION half a mile of the outlet of a 7. Fish not to be taken from stocked SECTION 8. Disposition of penalties recovered 10. May pass over private property in 11. Shall be allowed their actual disbursements. SECTION 1. The governor shall appoint three commissioners, to be known as the commissioners of inland fisheries, who shall hold their offices for three years, and until their successors are appointed. SEC. 2. The commissioners of inland fisheries shall introduce, protect, and cultivate fish in the inland waters of the state, and may make all needful regulations for the protection of such fish, and shall prosecute for the violation of such regulations.. They may coöperate with the fish commissioners of other states, and they shall make an annual report to the general assembly of their doings, with such facts and suggestions, in relation to the object for which they were appointed, as they may deem proper. SEC. 3. The said commissioners shall cause a copy of their regulations to be filed in the office of the town clerk of any town, in which any waters stocked with fish under the authority of the preceding section of this chapter may be, and to which such regulations may apply, and shall also cause a copy of such regulations to be advertised in some newspaper published in the same county. SEC. 4. Every person who shall violate any of the regulations made by the commissioners of inland fisheries under the authority of the provisions of the preceding sections of this chapter, or who shall take any fish, fish-spawn, or any apparatus used in hatching or protecting fish, from any pond, lake, river, or stream stocked with or set apart by said commissioners or by private parties, for the protection and cultivation of fish with the consent of the town council of the town where such cultivation is carried on, without the consent of such commissioners, or, if the cultivation of fish be carried on by a private party, without the consent of the person cultivating the same, shall, upon conviction, be fined not exceeding three hundred dollars, or be imprisoned not exceeding six months, or be both fined and imprisoned, in the discretion of the court before which the offender shall be tried. SEC. 5. Every person who catches any fish, or uses any seine for catching fish, within one half a mile from the mouth or outlet of any fishery set apart as is herein provided, and within any waters into of such fishery. which the waters of such fishery are let out, shall forfeit for the first Commissioners may remove obstructions, &c. Fishing in stocked fish eries prohibited offence the sum of fifty dollars, and for every subsequent offence shall forfeit one hundred dollars, and, in addition to the penalties herein provided, shall forfeit all the apparatus by him used in violating the provisions of this section. SEC. 6. Each of the commissioners of inland fisheries may personally or by deputy seize, and remove summarily if need be, all obstructions erected to hinder the passage of migrating fish, or which are illegally erected to obstruct, or in any way to impede, the growth and culture of fish. SEC. 7. The prohibition to the catching of fish by hook and line, from fisheries stocked as is herein before provided, shall extend and be continued for and during the term of three years from and after for three years, the time when such fishery was first established. &c. SEC. 8. One half of the penalties recovered for violation of the Disposition of provisions of this chapter shall accrue to the complainant, and the penalties. other half thereof to the state. may take fish, SEC. 9. The commissioners of inland fisheries may take fish from Commissioners the fisheries hereinbefore referred to, for any purpose connected with fish culture, or for scientific observation. SEC. 10. Each of said commissioners may, in the discharge of his duties, enter upon and pass through or over private property, without rendering himself liable in an action of trespass. SEC. 11. The commissioners of inland fisheries shall be allowed their actual disbursements, made in carrying into effect the provisions of this chapter. when. May enter, property, To be allowed ments. SECTION 1. Every person who shall throw into or deposit in, or cause to be thrown into or to be deposited in, any of the public tide waters of this state, or upon the shores of any such tide waters, any fish offal, or any water impregnated with fish, and every person who shall cause any deleterious substance resulting from the smelting or manufacture of copper, or from other manufactures, or from other sources, which is destructive to fish, or which repels them from coming into the said public waters, or which shall do anything which tends to drive them therefrom, to be emptied, deposited, or run into the said public waters, shall forfeit one hundred dollars. Penalty for destroving or driving away fish, by depositing deleteri ous substances. Vessels used in procuring fish fish, &c., liable oil, dressing &c. SEC. 2. Every vessel, craft, boat, or floating apparatus of any kind whatever, employed in the procuring of fish oil, or in the dressing of bait for the mackerel fisheries, or the dressing of fish for other purposes, in violation of this chapter, shall be liable for any forfeiture for forfeiture, and costs resulting from prosecution hereunder, and the same may be attached on the original writ, and held as other personal property attached may be held, to secure any judgment which may be recovered in any action brought to enforce any such forfeiture, and any person upon view of any offence in violation of this chapter may seize and detain any vessel, craft, boat, or floating apparatus, the same to be attached for a period not exceeding six hours. SEC. 3. Every person who shall boil any menhaden fish, or press any such fish for the purpose of extracting oil therefrom, on board of any vessel on any of the public tide waters, shall be fined not exceeding fifty dollars. 19 Penalty for boiling or haden, on ves pressing men sel in tide waters. |