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1881, 47, § 2.

1 SECTION 51. Whoever, between the fifteenth day of March and Weir and seine fishing in Con2 the first day of July, sets or uses, or aids in setting or using, in the necticut river. 1864, 62. 3 Connecticut river, a pound, weir or set net the meshes whereof are 1869, 76, § 3. 4 less than two inches in extent, or between sunset on Saturday and P. S. 91, § 40. 5 sunrise on Monday sets or draws, or aids in setting or drawing, a 6 seine for the purpose of taking fish in said river, and any person 7 owning or controlling in whole or in part a pound, weir or set net 8 of any description, placed in said river, who, between sunset and 9 sunrise as aforesaid, fails to keep the same open and free for the 10 passage of fish in a manner satisfactory to the commissioners on 11 inland fisheries and game shall forfeit four hundred dollars for each 12 offence; and, in addition, shall forfeit such pounds, weirs and set 13 nets.

1 SECTION 52.

sweep seines.

§ 2. 1884, 199, § 2.

1869, 384, § 22. P. S. 91, § 41.

Whoever uses a sweep seine or combination of Fishing with 2 sweep seines in such a manner as at any moment to close or seri3 ously obstruct more than two-thirds of the width of a stream at the 4 place where it is used, or delays or stops in paying out or hauling a 5 sweep seine, or hauls a sweep seine within one-half mile of a point 6 where such seine has been hauled within an hour, shall forfeit 7 twenty-five dollars for the first offence, and fifty dollars for each sub8 sequent offence; but the provisions of this section shall not apply 9 to seines used in the smelt fisheries, or to the fisheries for shad or 10 alewives in the Taunton Great river, or to the fisheries in North 11 river in the county of Plymouth.

1

SECTION 53.

1852, 66.

Whoever sets a seine or combination of seines over seines in 2 three hundred and eighty-five feet in length, or casts a mesh net North river. 3 over three hundred and fifty feet in length, in the North river in 1853, 350, §§3, 4. 4 the county of Plymouth shall for each offence be punished by a fine 1876, 103. 5 not less than twenty-five nor more than one hundred dollars or by 1881, 44, §§ 4, 6. 6 imprisonment for not less than one nor more than three months.

1872, 229, 2.

1877, 109.

1883, 76.

1884, 199, § 1.

1 SECTION 54. The mayor and aldermen of cities and the selectmen 2 of towns bordering on the Connecticut or Merrimac river shall ap3 point and fix the compensation of one or more fish wardens within 4 their respective cities and towns, who shall, respectively, make 5 complaint of all offences under the provisions of sections thirty6 eight, forty-four, forty-five and fifty-one.

in certain

Fish wardens
towns.
1764-5, 24, § 5.
18, 175, 2
1868, 130, $4.

1789, 51, § 6.

289, § 4.

1869, 76, § 4. P. S. 91, § 42.

1 SECTION 55. A city or town whose mayor and aldermen
2 selectmen neglect to appoint and fix the compensation of such fish
3 wardens shall forfeit not less than one hundred nor more than five
4 hundred dollars.

neglect to ap.

or Penalty for point fish wardens. 1874, 144, § 6. P. S. 91, § 43.

BLUEFISH.

1

taking

1891, 135.

SECTION 56. Whoever takes any bluefish in the waters of Well- Bluefish, 2 fleet bay in the town of Wellfleet with nets or seines, north and regulated. 3 east of Smalley's bar inside of a line drawn from Smalley's bar buoy 4 east-southeast to the eastern shore and west-northwest to the western 5 shore, shall forfeit one dollar for each bluefish so taken or be pun6 ished by a fine of not more than one hundred dollars.

Penalty for taking salmon except with hook and line.

1880, 68, $$ 1, 2. PS. 91, §§ 45,

46.

for obstructing stream with salmon pot. 1869, 384, § 23. P. S. 91, § 52.

Protection of salmon fry. 1894, 113.

- for taking salmon be

SECTION 58.

Whoever takes a salmon between the first day of 1

dates.
1869, 384, § 27.

P. S. 91, § 47.

tween certain August and the first day of May, and whoever at any time buys, 2 sells or has in his possession a salmon taken in this commonwealth 3 between said dates, shall forfeit not less than ten nor more than fifty 4 dollars for each offence; and whoever at any time buys, sells or 5 has in his possession a young salmon less than one foot in length 6 shall forfeit five dollars for every such salmon.

7

Guardian

liable, when.

R. S. 55, §§ 3, 4.

G. S. 83, 2, 3.

P. S. 91, 95 49,

50.

Penalty for taking trout, when.

R. S. 55, § 2.
G. S. 83, § 2.

1857, 30.

1859, 106.

1862, 161.
1866, 249, § 1.
1869, 384, § 28.
1874, 186, § 1.
P. S. 91, § 51.
1884, 171, § 1.
1888, 276.

1890, 193.

1891, 138.

P. S. 91, § 53.
1884, 171, § 1.
1888, 276.
1890, 193.

SALMON AND TROUT.

SECTION 57. Whoever takes a salmon, otherwise than with 1 naturally or artificially baited hook and hand line, shall be punished 2 by a fine of not less than fifty nor more than two hundred dollars for 3 each fish so taken; but a person who so catches a salmon when law- 4 fully fishing and immediately returns it alive to the waters from 5 which it was taken shall not be subject to such penalty. 6

SECTION 59. Whoever at any time obstructs with a salmon pot 1 more than one-half of a waterfall, channel or rapid or sets, uses, 2 or maintains a salmon pot the diameter of which is more than two 3 feet, or who, when the taking of salmon is forbidden by law, sets, 4 uses or maintains any salmon pot whatever, shall forfeit ten dollars 5 for the first offence and twenty dollars for each subsequent offence. 6

SECTION 60. The commissioners on inland fisheries and game 1 shall, during April, May and June, for the better protection of 2 salmon fry in the Merrimac river, cause wire screens to be erected 3 and maintained at the entrance of the canals in Lowell and Law- 4 rence at the expense of the companies owning and operating said 5 canals. 6

SECTION 61. If a minor takes a trout in any other manner than 1 by hook and line in a town which accepts the provisions of this sec- 2 tion or has accepted the corresponding provisions of earlier laws, 3 his guardian shall forfeit one dollar for each trout so taken; but all 4 prosecutions under the provisions of this section shall be com- 5 menced within thirty days after the commission of the offence.

6

SECTION 62. Whoever takes a trout, land locked salmon or lake 1 trout between the first day of September and the first day of April, 2 or, in the counties of Berkshire, Franklin and Hampshire, between 3 the first day of August and the first day of April, shall forfeit not 4 less than ten nor more than twenty-five dollars for each offence. 5 Whoever buys such fish taken between said dates in this common- 6 wealth or takes such fish with a net or salmon pot at any season of 7 the year shall forfeit not less than five nor more than twenty 8

dollars for each fish so taken.

164 Mass. 477.

9

Close season

for trout, etc.

SECTION 63. Whoever, except as provided in section sixty-six, 1 1866, 249, $81,8. sells or offers or exposes for sale, or has in his possession, a trout, 2

1869, 384, § 28.
1874, 186.
1876, 221, § 1.
1880, 86.

land locked salmon or lake trout, except alive, between the first 3 day of September and the first day of April, or in the counties of 4 Berkshire, Franklin and Hampshire, between the first day of August 5 and the first day of April, shall forfeit not less than ten nor more

6

Mass. 410.

7 than twenty-five dollars for each offence; and the possession of 1891138. 8 any such fish between said dates shall be prima facie evidence to 160 Mass. 157. 9 convict.

1

trout forbid.

SECTION 64. Whoever at any time sells or offers or exposes for Sale of small 2 sale in this commonwealth trout less than six inches in length shall den 3 forfeit ten dollars for each such trout sold or offered or exposed for 1892, 252. 4 sale; but the provisions of this section shall not affect the provi5 sions of section twenty-eight.

how furnished.

1 SECTION 65. No person, corporation or association shall be pro- Trout spawn, 2 vided by the commonwealth with trout or trout spawn to stock 1893, 59. 3 waters owned or leased by him or them or under his or their con4 trol unless he or they first agree in writing with the commissioners 5 on inland fisheries and game that such waters so stocked shall be free 6 for the public to fish in during the season in which the taking of 7 trout is permitted by law.

1

artificially

SECTION 66. Trout not less than nine inches in length, which are sale of trout 2 hatched from the egg in the house of the owner and grown in pools reared. 3 of said owner, may be sold for food during February and March.

1895, 277.

PICKEREL.

1

SECTION 67.

Whoever takes from the waters of the county of Pickerel, 2 Berkshire a pickerel less than ten inches in length, or sells or offers in Berkshire 3 for sale, or has in his possession with intent to sell in said county 1, 199. 4 any such pickerel, shall forfeit one dollar for each pickerel so

regulated.

5 [taken,] sold or offered or exposed for sale; and in prosecutions 6 under the provisions of this section the possession of pickerel less 7 than ten inches in length shall be prima facie evidence to convict.

1 SECTION 68.

erally.

1824, 127.

Whoever takes or catches pickerel in a river, stream -taking of, 2 or pond in a town which accepts the provisions of this section or has regulated gen. 3 accepted the corresponding provisions of earlier laws in any other 122,21, 4 manner than by naturally or artificially baited hook and hand line R. S. 55, § 2. 5 shall forfeit one dollar for every pickerel so taken, if proceedings P. 8. 91,348. 6 therefor are commenced within sixty days after the time of commit7 ting the offence.

G. S. 83, § 2.

1888,

BLACK BASS.

1

1862, 59.

SECTION 69. Whoever takes a black bass between the first day Penalty for 2 of December and the first day of June, or at any time except with bass, except. taking black 3 naturally or artificially baited hook and hand line, or buys, sells 249, § 2. 4 or has in possession any such fish taken in this commonwealth be- 1869, 384, § 30. 5 tween said dates, or otherwise than is allowed in this chapter, shall 1878, 224, § 3. 6 forfeit not less than two nor more than twenty dollars for each 1893, 80. 7 offence; but this limitation of time shall not be applicable to the 8 Connecticut river or its tributaries.

1871, 113.

P. S. 91, § 56.

1

forbidden.

SECTION 70. Whoever takes or sells or offers for sale or has in small black 2 his possession with intent to sell a black bass less than eight inches taking, 3 in length shall forfeit ten dollars for each fish so [taken,] sold or 1896, 229. 4 offered or exposed for sale; and in prosecutions under the provisions

5 of this section the possession of a black bass less than eight inches 6 in length shall be prima facie evidence to convict.

- for taking

smelts except

SMELTS.

Penalty for

SECTION 71. Whoever, between the fifteenth day of March and 1

selling, etc.,

smelts between the first day of June, sells or offers or exposes for sale or has in 2

certain dates.

1874, 153, §§ 1, 2. his possession a smelt taken between said dates in this common- 3

P. S. 91, § 57.

wealth, shall forfeit one dollar for every such smelt; and the posses- 4

1887, 105, § 2.
1890, 30.
108 Mass. 452.

sion of a smelt between said dates shall be prima facie evidence 5
to convict.

128 Mass. 410.

6

1873, 211.
1874, 153, § 2.
P. S. 91, § 58.

SECTION 72.

Whoever takes a smelt in any other manner than

1

1868, 179, § 1. 1869, 64; 384, § 31.

with hook and by naturally or artificially baited hook and hand line shall, except 2 as provided in section seventy-six, forfeit one dollar for each smelt 3 so taken; and in all prosecutions under the provisions of this sec- 4 tion the burden of proof shall be upon the defendant to show that 5 smelts taken by him were legally caught. 151 Mass. 60. 153 Mass. 396. 6

1872, 290.

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Penalties. 1894, 189, § 3.

Forfeitures. 1894, 189, § 4. 1897, 288, § 1.

SECTION 73. The provisions of the two preceding sections shall 1 not apply to smelts taken in a seine or net in the counties of Bristol, 2 Barnstable, Nantucket or Dukes County during the time and in the 3 manner in which fishing is allowed for perch, herring or alewives.

4

P. S. 91, § 59.

1891, 128.

Possession of net, etc., prima

SECTION 75. Possession of any net, seine, trap or device for 1 facie evidence. catching fish, other than a naturally or artificially baited hook, in or 2

1894, 189, § 2.

upon said harbors, rivers or tributaries, or on the banks of the same, 3
if adapted to the present catching of smelts and apparently intended 4
for that purpose, shall be deemed prima facie evidence of a violation 5
of the provisions of the preceding section, and the possession of 6
any fresh smelts, not apparently caught by the use of a hook, in or 7
upon said harbors, rivers or tributaries, or on the banks of the same, 8
after sunset or under other circumstances of suspicion, shall be 9
deemed prima facie evidence that said smelts were caught contrary 10
to the provisions of the preceding section by the person in whose 11
possession they are found.

12

SECTION 74. No person shall set, draw, use or attempt to set, 1 draw or use any net, seine, trap or device for catching smelts, 2 other than a naturally or artificially baited hook, in the waters of 3 Boston harbor, Hingham harbor, Weir river, Weymouth Fore river, 4 Weymouth Back river, Neponset river, Charles river, Mystic river, 5 or in any cove, bay, inlet or tributary thereof; but the provisions 6 of this section shall not prohibit the use of traps for catching 7 lobsters.

8

SECTION 76. Whoever violates the provisions of section seventy- 1 four or receives smelts knowing or having reasonable cause to 2 believe that the same have been taken contrary to the provisions of 3 said section shall, for a first offence, be punished by a fine of not 4 less than fifty nor more than two hundred dollars or by imprison- 5 ment for not less than six nor more than twelve months, or by both 6 such fine and imprisonment, and, for a second offence, by both said 7 fine and imprisonment.

8

SECTION 77. Any commissioner on inland fisheries and game, 1 deputy commissioner, member of the district police, sheriff, 2

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3 deputy sheriff, police officer or constable, within his jurisdiction, 4 may search for and seize, without warrant, any smelts which he has 5 reason to suspect were taken contrary to the provisions of section 6 seventy-four, and the net, seine, trap or other device and the vessel, 7 boat, craft or other apparatus used in connection with such receiv8 ing, or other violation of said section, and the cask, barrel or other 9 vessel or wrapper containing said smelts. Said officer may libel 10 said property according to law, or, at his discretion, sell the same 11 or any part thereof at private sale or by public auction, and libel 12 the net proceeds of such sale according to law, in the same manner 13 and with the same effect as if such proceeds were the property 14 itself.

FORFEITURE OF FISH, BOATS, ETC.

1 SECTION 78. Whoever takes any fish in violation of the pro2 visions of sections twenty-six, twenty-nine, thirty-two, thirty-three, 3 thirty-nine, forty, forty-two, forty-three, forty-four, forty-seven, 4 fifty-eight, sixty-two, sixty-eight, sixty-nine, seventy-two or one 5 hundred and thirty, or whoever violates the provisions of sections 6 twenty-six, thirty-three or seventy-six shall, in addition to the pen7 alties therein provided forfeit, the boat and apparatus used.

1

SECTION 79. Whoever violates the provisions of sections twenty2 six, thirty-two, forty-one, forty-eight, forty-nine, fifty-two and fifty3 nine shall, in addition to the penalties therein provided, forfeit the 4 fish taken and the apparatus used.

P. S. 91, §§ 30, 39, 41, 52.

1884, 318, § 1.

1897, 110.

1900, 159, § 2.

1 SECTION 80. Every superintendent, clerk or other person who 2 has charge of a market, provision store or other place in which fish 3 are sold, and who has reasonable cause to believe that any fish 4 taken in violation of law has been offered for sale on such premises, 5 shall immediately give information thereof to a constable or trial 6 justice in the city or town in which said premises are situated; and 7 for each neglect so to do shall be punished by a fine of not less 8 than five nor more than fifty dollars.

boat and appa281, 1, 5.

Forfeiture of ratus, when. 1874, 144, § 5. P. S. 91, §§ 31 1884, 245, § 2; 1890, 231.

38, 61.

318, § 1.

1894, 189, § 3.

Forfeiture of

fish and apparatus.

1869, 34, §§ 15,

22, 23.

1878, 172, § 1.

Keepers of fish
markets, etc.,
mation of un-
Penalty.
P. S. 91, § 62.

to give infor-
lawful taking.

1869, 384, § 25.

SHINERS AND STURGEON.

1

in Merrimac

SECTION 81. During November and December any person may, Shiners, taking 2 for the purpose of taking shiners for bait, draw a net or seine at any river permit3 point in the Merrimac river except within four hundred yards of ted. 4 any fishway; and if any other fish so caught are immediately re5 turned alive to the waters from which they were taken, the penalties 6 prescribed in sections forty-six, forty-seven, forty-nine, seventy7 eight and seventy-nine shall not apply to the taking of such fish.

1883, 31.

1

SECTION 82. A person who uses a net or seine having a mesh sturgeon fish2 which stretches at least twelve inches shall not incur a penalty for mac river. 3 taking sturgeon in the tidal waters of the Merrimac river.

1882, 166, § 2.

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