Fishing with dy namite, quick lime, etc. application of the owner or owners, or lessees of such waters, or by his or their written consent, shall be and the same are hereby declared open to the public for fishing purposes thereafter: Provided, That nothing Proviso. in this section shall be so construed as to permit any person fishing in such waters, from the banks thereof, without the permission of the owners or lessees. Section 26. That from and after the passage of this act, it shall be unlawful to fish, in any waters within this Commonwealth, with dynamite, nitro-glycerine, torpedoes, electricity, quicklime, or with any kind of explosive or poisonous substances; or to place such Explosives or substances in any waters whatever, except for engineering purposes, when written permission has been given therefor by the proper National, State, city or county official or officials. Any persons violating any of the provisions of this act shall, on conviction thereof as provided in section thirty-eight of this act, be subject to a fine of one hundred dollars and imprisonment Fine and impris of six months in the county jail. poisonous substances. Violation. onment. German carp. Proviso. Section 27. That from and after the passage of this act, it shall be unlawful to plant or deposit, in any water of this Commonwealth, any fish commonly known as German carp: Provided, That nothing in this section shall prohibit the Fish Commissioners from using carp as food for other fish, in the breeding ponds of the State hatcheries. Any person violating the provisions of this section shall, on conviction thereof as provided in section thirty-eight of this act, be Fine. subject to a fine of one hundred dollars. Forbidding the nivorous fish in planting of car trout streams. Section 28. That from and after the passage of this act, it shall be unlawful to place, in any waters in this Commonwealth inhabited by brook or speckled trout, without the consent of owner or owners of the lands upon which such waters are located, and without the written consent of the Board of Fish Commissioners, any pike, pickerel, black bass, rock bass, or carniverous fish. Any persons violating the provi- Fine. sions of this section shall, on conviction thereof as provided in section thirty-eight of this act, be subject to a fine of one hundred dollars. Bait fish. fish in private waters for certain purposes. Section 29. That nothing in this act shall be so construed as to prohibit the catching of bait fish by the means of minnow nets, for angling or scientific purposes; or which shall prohibit any person from Catching of game catching game fish with nets, or during close season for such fish, in waters owned by himself, for the purpose of stocking other waters, or the operation of any hatchery for the artificial propagation of such fish: Provided, Such operation is conducted through the Proviso. direction of the Fish Commissioners, and under the supervision of their authorized representatives; or, to prohibit the Fish Commissioners, through their authorized representatives, removing from the waters. Proclamation of season. by means of nets, any fish which may be considered by them as injurious to other game or food fishes. Section 30. That from and after the passage of this act, when in the opinion of the Board of Fish Commissioners it be deemed necessary for the protection and natural propagation of any fish not specifically named in this act, they may declare, by public proclaannaal spawning mation, an annual spawning season for such fish, during which period it shall be unlawful to catch and kill the same, in any manner, in any of the waters of this Commonwealth: Provided, That such proclamation shall not be operative for more than three years. Any person taking and killing such fish during the so declared close season shall, on conviction thereof as provided in section thirty-eight of this act, be subject to a fine of twenty-five dollars. Proviso. Fine. Taking of other than game or food fish. Proviso. Waters forming boundary line. Duty of officers. Destruction of illegal devices. Arrest of violators. Section 31. That nothing in this act shall prohibit the taking of any fish, not herein specifically desig nated as game or food fish, at any time of the year, with rod, hook and line, or with hand line having not more than three hooks: Provided, That nothing in this section shall be so construed as to apply to any fish, not herein specifically designated as game or food fish, which the Fish Commissioners by proclamation may hereafter declare a close season on, for propagation purposes, and then only within the waters designated by such proclamation. Section 32. The prohibition and penalties provided in this act shall not be construed or held to apply to any waters forming the boundary line between this and any other State, over which this State has concurrent jurisdiction with such State, so far as such waters form such boundary line; nor to any lake partly within the boundaries of this State, nor to waters on any peninsula or of any bay adjacent to or connected with such lake, nor to any fish caught in any of the waters in this section mentioned. Section 33. That from and after the passage of this act, any Fish Commissioner, fish warden, deputy warden, sheriff, deputy sheriff, constable, or any special officer, or any peace officer in this Commonwealth, is hereby authorized and commanded to proceed, with such force of the county as may be necessary, to destroy any device used contrary to or prohibited by law, in any of the waters of this Commonwealth; and they are hereby authorized and commanded to arrest forthwith, and without warrant, any person or persons owning, placing or using such device, or violating any of the provisions of this act; and they are further authorized and commanded to apprehend and arrest, and immediately take, any person or persons, who may be guilty of such violations, before any justice of the peace, magistrate or other legally constituted authority, and thereupon make charge of such violation of ing. when county the law, or any provision thereof; and the magistrate shall forthwith hear and determine the charge as pro- Charge and hearvided in section thirty-eight of this act; and in case of any failure of any Fish Commissioner, fish warden, or any other officer named above, to prove his case, the county in which the case is heard shall pay the costs. Such arrests may also be made on Sunday, in which case the person or persons shall be taken before the proper officer, and proceeded against as soon as may be practicable on a week day following the arrest. shall pay the costs. Sunday arrests. Refusal or neglect stroy illegal de of officers to de vices. Section 34. That from and after the passage of this act, any sheriff, deputy sheriff, constable, special officer, or any other peace officer of this Commonwealth, who shall refuse or neglect to proceed with sufficient force of the county to forthwith remove and destroy any existing device, illegally used for the catching of fish within his jurisdiction, after being notified, in writing, of the existence of such illegally used device, by a Fish Commissioner or any other citizen of this Commonwealth, shall be deemed guilty of a misdemeanor, and Misdemeanor. on conviction shall be fined five hundred dollars. Fine. or resisting Section 35. That any person or persons interfering Interference with with any of the officers named, in the discharge of officers. their duties, or resisting arrest, shall, on conviction thereof as provided in section thirty-eight of this act, pay a fine of not less than one hundred dollars, or be Fine and penalty. imprisoned in the county jail for not less than three months, or be subject to both penalties, at the discretion of the magistrate or court before which they or he shall be convicted. Section 36. That from and after the passage of this act, one-half of each and every fine recovered for the violation of any of the provisions of this act shall be paid to the informer, and the remaining one-half shall be forthwith paid to the treasurer of the county in which the offense was committed; and the treasurer of the county shall pay over to the Fish Commission covered fines. ers all moneys so forfeited and recovered by virtue of Disposition of rethis act, and the said commissioners shall pay over the same into the State Treasury. Said moneys to be placed by the State Treasuer to the credit of said Fish Commissioners, for their use in their work of fish propagation and protection. No unexpended balance Unexpended balof this fund, so placed to the credit of the Board of Fish Commissioners, shall at the end of the year be merged in the State Treasury. Section 37. That in all cases of arrest made for the violation of any of the foregoing sections of this act, the possession of the fishes or the possession of the nets, or possession of or operation of other devices prohibited or not permitted by law, shall be prima facie evidence of the violation of this act. Section 38. That from and after the passage of this act, any justice of the peace, alderman or magistrate, 1 ances. Prima facle evi dence of violation of act. Authority of jus tices of the peace, etc. Warrants. Convictions. upon information or complaint made before him by affidavit of one or more persons, charging any person or persons with having violated any of the provisions of this act, is hereby authorized and required to issue his warrant, under his hand and seal, directed to any constable, police officer or warden, to cause such person or persons to be arrested and brought before such justice, alderman or magistrate, who shall hear and determine the guilt or innocence of the person or persons so charged; who, if convicted upon such charge, he shall be sentenced by said justice of the peace, alderman or magistrate, severally, to pay the fine or Fines and penal- fines, penalty or penalties, provided in this act for such violations, together with the costs of suit; one-half of which fines and penalties shall be paid to the informer, and the other half shall be paid to the treasurer of the county in which the prosecution shall be made, the same to be inmediately disbursed in the manner provided for in section thirty-six of this act: Provided, That in case the defendant or defendants shall neglect to pay, at once, the fine or fines so imposed, such defendant or defendants shall forthwith be sentenced to undergo imprisonment, in the county jail of the county where such conviction takes place, for the period of one day for each dollar of fine so imposed and unpaid. ties. Proviso. Waters in which fishing may be prohibited. Proviso. Fine. Actions to be brougth within a year. Appointment of Term. Section 39. That the Fish Commissioners have power in cases where they have stocked, with species of game or food fish, waters which heretofore have not contained such fish, or which have become barren of the same, to prohibit all persons from catching such fish. for three years after they have been so introduced: Provided, Said Commissioners shall give public notice, by posting on the premises of such prohibition at the time, and publishing in two newspapers, published in the county where such waters are located, for a period of three consecutive weeks. Any person or persons violating the provisions hereof shall, on conviction thereof as provided in section thirty-eight of this act, be subject to a fine of ten dollars for each fish so unlawfully taken. Section 40. That all actions for any violation of any of the provisions of this act must be brought within one year from the time the offense was committed. Section 41. That the Governor of this Commonwealth is hereby authorized and required, upon the expiration of the respective terms of office of the persons who at the date of the passage of this act hold and exercise the office of Fish Commissioner of this State, and who are hereby continued in said office for their respective terms, to appoint, subject to the approval of the Senate, a like number of competent citizens of this Commonwealth to act as a Board of Fish Commissioners; and the term of office of each Commissioner aforesaid, shall be three years; and upon the expiration of their respective terms of office, from Duties of the Board of State Fish Commission ers. Section 42. That the duties of the Board of State Fish Commissioners shall be: To faithfully enforce the various provisions of this act, and of all other laws now in force or that may hereafter be enacted for the protection or improvement of the fish, fisheries or waters of this Commonwealth; to have control of and superintend all fishways and fish hatcheries now owned or operated or that in the future may be owned or operated by the Commonwealth; to distribute and propagate game and food fish, and to propagate and distribute fish for educational purposes, and to forward the restoration and improvements of the fisheries of and in the waters of this Commonwealth; to remove therefrom and destroy all unlawful fishing devices and appliances; to order and compel the construction of fishways in such dams or falls, in streams or other waters of the Commonwealth, which in the judgment of said Commissioners should be supplied with such appliances for the free passage of fish between the upper and lower waters; to stock the public waters of the Commonwealth with fish, using their best judgment and discretion therein, as far as they shall be supplied with the means therefor; to receive all penalties collected, and disburse them according to the provisions of this act; and they shall have the appointment, supervision and control of all fish wardens, Appointment. special fish wardens, superintendents of State hatch- supervision and eries and other employes, including legal counsel necessary to their work, and control of such corporation and organizations, organized for the purpose of fishing, or for the preservation of or artificial propaga control. compensation. tion of fish; and the said Fish Commisisoners shall re- To receive no ceive no compensation for their services, but shall be paid their reasonable and necessary expenses, incurred Expenses. in the performance of their duties as prescribed by this act and audited by the proper officrs; and shall report their proceedings annually to the Legislature, Annual report. through the Governor of this Commonwealth, accompanied by a full and itemized statement, under oath, Statement. |