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SHELL FISH FOR BAIT.

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be taken in

1799, 19, § 2.

SECTION 113. No person shall take from the towns of Chatham, No shell fish, 2 Nantucket, Barnstable or Mashpee any shell fish for bait or other except, etc., to 3 use, except clams and a shell fish commonly known by the name of Chatham, etc. 4 horsefeet; and no quantity exceeding seven bushels of clams, 5 cluding the shells, or one hundred horsefeet, shall be taken in 6 week for each vessel or craft, nor, in any case, unless a permit has 7 first been obtained from the selectmen of the town.

R. S. 55, § 16.

1850, 6, § 2.

1856, 214, § 2.

G. S. 83, § 19.

1867, 258.

P. S. 91, § 102.

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FISH WEIRS, NETS, PURSES AND SEINES REGULATED.

1 SECTION 114. The mayor and aldermen of a city and the select2 men of a town lying upon tide water, except cities and towns 3 bordering on Buzzard's bay, may in writing authorize any person 4 to construct fish weirs in said waters within the limits of such city 5 or town for a term not exceeding five years, if such weirs do not 6 obstruct navigation or encroach on the rights of other persons.

Town officers may authorize P. S. 91, § 70. 1893, 205, § 1. op. A.G.

fish weirs. 1856, 50, 1.

16 Gray, 290. March 29, 1899.

1 SECTION 115. Whoever wilfully destroys or injures any such Penalty for 2 weir, or takes fish therefrom without the consent of the owner, ish weirs. 3 shall forfeit not more than twenty dollars to the use of the owner, P. S. 91, § 71. 4 and shall be liable in an action to the person injured.

injuring such 1856, 50, 2.

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- for constructing un

1877, 119.

SECTION 116. Whoever constructs or maintains a fish weir in 2 tide water without the authority mentioned in section one hundred authorized 3 and fourteen, or from an island in tide water without authority in Weirs. 4 writing from the mayor and aldermen of every city and the select- P. S. 91, § 72. 5 men of every town which is distant not over two miles from said 6 island, shall forfeit ten dollars for each day he maintains such weir;

7 and he may be indicted therefor and enjoined therefrom.

fish weirs, etc.,

returns.

1881, 28.

75.

1 SECTION 117. The owner of every pound, weir or similar fixed Owners of 2 contrivance, of every fishing pier, seine, drag or gill net used for to make 3 fishing purposes, or lobster trap or other contrivance for catching 1876, 104. 4 lobsters, shall annually, on or before the twentieth day of October, P. S. 91, §§ 735 make a written report, under oath, to the commissioners of the 1889, 109, §§ 2, 3. 6 number of each kind of edible fish caught by his pound, weir or 7 similar fixed contrivance, pier, seine, drag or gill net, lobster trap 8 or other contrivance for catching lobsters, during the year last pre9 ceding the date of said report, giving the result of each day's fish10 ing, so far as practicable; and for such purpose the commissioners 11 shall annually, on or before the fifteenth day of March, provide him 12 with suitable blank forms for such reports, so arranged that each 13 day's catch may be separately recorded thereon. Such owner shall 14 apply to the commissioners for such blank forms. The owner of 15 any cars or other contrivances used for keeping lobsters shall have 16 his name and residence legibly marked thereon. Whoever know17 ingly and wilfully violates the provisions of this section shall be 18 punished by a fine of not less than ten nor more than one hundred 19 dollars.

Prohibition of

certain

1 SECTION 118. Subject to the provisions of the two following fish weirs, etc., 2 sections, no person shall, from the first day of May to the fifteenth waters be 3 day of June, set, or permit to remain set, a fish pound, weir, trap, dates.

tween certain

1880, 61, §§ 1, 2, P. S. 91, §§ 76

4.

78.

P. S. 91, § 79. 1893, 205, § 2.

Use of weirs

in Buzzard's

SECTION 119. Whoever sets, uses or maintains any trap, weir, 1 bay forbidden, pound, yard or other stationary apparatus of any kind for the 2

1870, 249, §§ 1, 2. 1874, 282.

taking of fish in the waters of Buzzard's bay or in any harbor, 3 cove or bight thereof shall be punished by a fine of not less than 4 one hundred nor more than five hundred dollars, or by imprison- 5 ment not more than six months.

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fyke or similar fixed apparatus for catching fish, except gill nets, 4 between the hours of six o'clock on Saturday morning and six 5 o'clock on Sunday evening, so as to catch fish in the tidal waters 6 of the counties of Dukes County or Bristol, of the towns of Matta- 7 poisett, Marion or Wareham, of the westerly boundaries of Bourne 8 and Falmouth at and near Buzzard's bay, or of that portion of the 9 southerly boundary of the county of Barnstable extending from the 10 southwesterly corner of the town of Falmouth easterly to Point 11 Gammon in the town of Yarmouth. Whoever violates the provi- 12 sions of this section shall be punished by a fine of not less than one 13 hundred nor more than two hundred dollars; but all prosecutions 14 under this section shall be commenced within three months after the 15 commission of the offence.

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SECTION 120. No person shall draw, set, stretch or use any drag 1 net, set net or gill net, purse or sweep seine of any kind for taking 2 fish in the waters of Buzzard's bay or in any harbor, cove or bight 3 thereof within the jurisdiction of this commonwealth. Whoever 4 violates, or aids or abets in the violation of, the provisions of this 5 section shall be punished by a fine of not more than two hundred 6 dollars for each offence.

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SECTION 121. A net or seine which is used in violation of the 1 provisions of the preceding section and a boat, craft or fishing ap- 2 paratus which is employed in such illegal use, and all fish found 3 therewith, shall be forfeited. An inhabitant of a town bordering 4 on said bay may seize and detain for not more than forty-eight 5 hours any net or seine found in use in violation of the provisions 6 of the preceding section, and any boat, craft, fishing apparatus and 7 fish found therewith, so that they may be seized and libelled.

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SECTION 122. All nets and seines in actual use which are set or 1 stretched in violation of the provisions of sections one hundred and 2 twenty and one hundred and twenty-six are declared to be common 3 nuisances.

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SECTION 123. The provisions of the four preceding sections 1 shall not affect the corporate rights of any fishing company situated 2 on Buzzard's bay, nor the use of nets or seines in lawful fisheries 3 for shad or alewives in influent streams of said bay.

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SECTION 124. In the statutes of this commonwealth the term 1 "waters of Buzzard's bay" shall be deemed to mean the body of 2 water commonly known as Buzzard's bay and extending southwest- 3 erly to a line drawn from Cuttyhunk lighthouse to the southerly 4 extremity of Gooseberry neck in the town of Westport.

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in waters of

etc.

105.

SECTION 125. Whoever sets or uses or aids in setting or using Use of nets 2 any seine, mesh net or gill net for the purpose of catching any Edgartown, 3 other fish than mackerel, or by such means catches and retains any 1886, 234. 4 other fish than mackerel, in the waters of the towns of Edgartown 1897, 288, § 1. 5 and Cottage City within three miles from the shores thereof, may, 6 upon view of the offence by any of the commissioners on inland 7 fisheries and game or their deputies, or any officer qualified to serve 8 criminal process or member of the district police, be arrested with9 out warrant and prosecuted by him; and on conviction thereof 10 shall be punished by a fine of not more than two hundred dollars, 11 and, in the discretion of the court, shall forfeit to the commonwealth 12 all fish taken in said nets. The provisions of this section shall not 13 affect the rights of any persons mentioned in section twenty-three 14 or the corporate rights of any fishing company.

Westport

1 SECTION 126. Whoever draws, sets, stretches or uses any net, Use of nets in 2 purse or seine of any kind for taking fish in the waters of the town regulated. 3 of Westport, except as provided in the following section, shall be 18, 198, § 1. 4 punished by a fine of not more than one hundred dollars or by 5 imprisonment for not more than three months, or by both such fine. 6 and imprisonment; and all fish so taken shall be forfeited to the 7 commonwealth.

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preceding

SECTION 127. The provisions of the preceding section shall not, Limitation of 2 except on Fridays and Saturdays, apply to the taking in said waters section. 3 of mackerel in any way, nor to the taking by hand nets of smelts, 18, 1 4 herrings or alewives, nor to the taking of smelts, herrings, alewives 5 or perch, in that part of Westport river north of a line drawn east 6 and west from the south end of Cadman's neck in said river.

137.

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of section.

SECTION 128. The town of Westport shall at each annual town Enforcement 2 election choose by ballot for a term of three years a person who 1887, 193, § 4. 3 shall be sworn to enforce the provisions of section one hundred and 4 twenty-six.

GENERAL PROVISIONS.

1

taking fish,

1882, 53.

SECTION 129. Whoever takes any fish or lobster from a trap, Penalty for 2 trawl or seine set for catching fish or lobsters, without the consent etc., from 3 of the owner thereof, and whoever wilfully molests or interferes traps, etc. 4 with such trap, trawl or seine, shall, for the first offence, be punished 5 by a fine of not less than five nor more than twenty-five dollars or 6 by imprisonment for thirty days, or by both such fine and imprison7 ment; and for any subsequent offence, by a fine of not less than 8 twenty nor more than fifty dollars or by imprisonment for sixty 9 days, or by both such fine and imprisonment.

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taking

1741-2, 20, § 1.

2.

SECTION 130. Whoever takes any fish which at any season Penalty for 2 frequent fresh water, except eels and pickerel, subject to the pro- except with 3 visions of section sixty-eight, and except as otherwise allowed in hook and line. 4 this chapter, in any other manner than by artificially or naturally 754-5, 31, §§ 1, 5 baited hook and hand line, hand or dip net, sweep seine, or salmon 1764-5, 34, §§ 1, 6 pot, shall forfeit not less than five nor more than fifty dollars; 1822, 21. 7 but towns may permit the use of set nets for taking herring and 1857, 30. 8 alewives.

2.

R. S. 55, § 2.

G. S. 83, § 2.

1869, 384, § 26.

P. S. 91, § 48.

Penalty for poisoning fish. 1830, 43.

R. S. 55, § 1.

G. S. 83, § 1.

P. S. 91, § 44.

1885,

Officers to prosecute. 220, § 6.

Prosecutions
under this
chapter lim-
ited.
1812, 103, § 4.
1868, 179, §*3.
1869, 384, § 32.

1890, 390, § 3.

1898, 205. 1899, 360.

Special laws
not repealed.
G. S. 83, § 2.
1869, 384, §§ 7,
22, 26.
P. S. 91, § 105.

SECTION 131. Whoever puts or throws into any waters for the 1 purpose of taking or destroying fish therein any poisonous sub- 2 stance, simple, mixed or compound, shall forfeit ten dollars for 3 each offence.

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Town officers to enforce certain sections. 1874, 153, § 3. 1876, 221, § 2.

SECTION 134. The mayor and aldermen of cities, the selectmen 1 of towns, police officers and constables shall cause the provisions 2 of sections sixty-three, seventy-one and seventy-two to be enforced 3 P. S. 91, §§ 54, in their respective cities and towns.

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60.

Bounty for
killing seals.
1888, 287.
1892, 234.

SECTION 132. The mayor and aldermen of a city or the select- 1 men of a town may designate one or more constables for the detec- 2 tion and prosecution of any violation of the laws of the commonwealth 3 relative to shell fisheries. Such constables may arrest without 4 warrant any person found violating such laws, and detain him for 5 prosecution not more than twenty-four hours; and may seize any 6 boat or vessel used in such violation, and her tackle, apparel and 7 furniture and implements, which shall be forfeited.

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Disposition of penalties.

SECTION 135. All fines, penalties and forfeitures recovered in 1 R.S.55, $$10, 17. prosecutions under the laws relative to inland fisheries shall be 2

1869, 384, § 33. 1874, 110, § 2. 1880, 61, § 3. 1881, 276, § 3. P. S. 91, §§ 85, 104.

SECTION 133. Actions and prosecutions under the laws relative 1 to inland fisheries shall, unless otherwise expressly provided, be 2 commenced within one year after the time when the cause of action 3 accrued or the offence was committed.

1873, 137, § 1.

P. S. 91, § 103.

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equally divided between the complainant and the commonwealth; 3 but if the complainant is a deputy appointed by the commissioners 4 on inland fisheries and game and receiving compensation from the 5 commonwealth, such fines, penalties and forfeitures shall be paid 6 into the treasury of the commonwealth.

108 Mass. 139.

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SECTION 136. The provisions of this chapter shall not repeal or 1 affect any provisions or penalties contained or any privileges granted 2 in any special statutes relating to fisheries in particular places.

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SECTION 137. Whoever kills a seal in this commonwealth, and 1 produces satisfactory evidence thereof under oath with the tail of 2 the seal killed to the clerk of the city or town within which such 3 seal was killed, shall receive from such clerk a certificate thereof 4 stating the fact, and upon filing said certificate with the city or 5 town treasurer he shall receive from the city or town three dollars 6 for every seal so killed; and the city or town shall be annually re- 7 imbursed by the county in which it is located for all amounts so paid. 8

KELP AND SEAWEED.

SECTION 138. Any person may take and carry away kelp or 1 other seaweed between high and low water mark while it is actually 2

Kelp, etc.,

adrift. 1859, 247.

G. S. 83, § 20.

P. S. 91, 106. adrift in tide waters; but for such purpose no person shall enter on 3

2 Allen, 549.

upland or on lawfully enclosed flats without the consent of the 4 owner or lawful occupant thereof. The provisions of this section 5 shall not apply to any city or town in which the subject matter 6 thereof is regulated by special laws.

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NOTES. Sect. 10.

The provision in this section has been made general, as it is supposed its application was intended to be extended by St. 1867, c. 344, which extended the jurisdiction of the commission to all rivers where fishways are required to be maintained.

Sects. 63, 64. The penalty provided for in St. 1895, c. 277, § 2 has been omitted, as the offence is embraced within St. 1891, c. 138 and a double penalty for the months of February and March seems unnecessary and confusing. Sects. 67, 70. The word "taken" has been inserted in brackets. It is supposed it was omitted inadvertently, as otherwise the taking would not be prohibited unless the fish were sold.

Sect. 84. The exception contained in St. 1888, c. 238, has been omitted as it is assumed that the repeal of St. 1887, c. 96 by St, 1898, c. 268 leaves nothing for the application of said exception.

Sect. 88. The penalty for a violation of this section is, by St. 1900, c. 428, § 2, to be divided between the city or town and the commonwealth. By St. 1899, c. 360, "all" penalties for violations of the laws protecting fish and game were divided one-half to the complainant and one-half to the commonwealth. The provisions of St. 1900, c. 428, § 2 constitute therefore a solitary exception and as no reference is made to the statute of 1899, it is thought that the change may not have been intended and § 2 has been omitted. If it is desired to retain the exception, § 1 should be inserted here and a limitation inserted in § 135. The provision of St. 1884, c. 212, § 2, that any mutilation of a lobster affecting its measurement shall be prima facie evidence that it is less than ten and one-half inches in length" has been so modified, in conformity with subsequent legislation, as to provide that such mutilation shall be prima facie evidence that the lobster is less than the required length," thus making St. 1884, c. 212, § 2, apply to a cooked as well as to an uncooked lobster.

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CHAPTER 92.

OF THE PRESERVATION OF CERTAIN BIRDS AND ANIMALS.

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SECTION 1. The Lord's day shall be close season. Whoever 2 hunts or destroys birds or game of any kind on the Lord's day shall 3 be liable to the penalty imposed for a violation of the provisions of 4 law applicable to other close seasons in addition to the penalty im5 posed by the provisions of section twelve of chapter ninety-eight.

1891, 142.
1893, 189.

woodcock

R. S. 53, 1.

1850, 296.

1 SECTION 2. Whoever takes, kills or has in possession, or buys, Close season 2 sells or offers for sale, a woodcock or a ruffed grouse, commonly for partridge. 3 called partridge, between the first day of December and the first 1817, 103, § 1. 4 day of October following, whenever or wherever such bird may 1849, 158, § 2. 5 have been taken or killed, or whoever at any time prior to the thir- 1855, 197, § 1. 6 teenth day of July in the year nineteen hundred and three buys, 1865, 158. 7 sells, offers for sale or has in possession for sale any woodcock or 1869, 246, § 1. 8 ruffed grouse, commonly called partridge, whenever or wherever 1,304, § 1. 9 the said birds may have been taken or killed, shall be punished by 1877, 95, § 1. 10 a fine of twenty dollars for each bird. P. S. 92, § 1.

G. S. 82, § 1.

1868, 126.

1874, 77, § 1.

1879, 209, 1. 1881, 297, § 1.

1886, 276, §§ 1, 3.

1900, 379, §§ 1, 2, 5.
128 Mass. 410.

1888, 292.
1890, 249, § 1.
SECTION 3.

1

R. S. 53,

Whoever takes, kills or has in possession, or buys, Close season for quail. 2 sells or offers for sale a quail, between the first day of December 1817, 103, § 1. 3 and the first day of October following, whenever or wherever such 1855, 197, § 1. 4 bird may have been taken or killed, shall be punished by a fine of $ 5 twenty dollars for each bird; but a person, firm or corporation 167, 257. 6 dealing in game or engaged in the cold storage business may buy, 1869, 246, § 2 7 sell or have in possession, and a person may buy from such person, 1879, 209, § 1. 8 firm or corporation, and have in possession if so bought, quail from P. S. 92, § 1.

1865, 158.

126.

1871, 260.

1881, 297, 1.

1894, 205.
1898, 195.

Hunting, etc., on Lord's day. 1899, 116.

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