»»txu* «* Maine Inland Fish and Game Laws. 1905 REVISION. 1905 EDITION OF THE Inland Fish and Game Laws OF THE STAXB OF MAINE. •A Contains all the Inland Fish and Game Laws With Digest of Decisions of the Courts. COMPILED BY L. T. CARLETON, Chairman of the Commission, and published by order of the Legislature. AUGUSTA KENNEBEC JOURNAL PRINT 1905 ^^'^v I have endeavored to so arrange the laws in this edition that every one can readily ascertain what the law is. Every person should, and every warden must, thoroughly acquaint himself with these laws, to the end that poaching shall cease and the laws be respected and obeyed. L. T. CARLETON, Chairman. Augusta, April, 1905. By tvan^f'^'^ FEB 20 190' FROM CARLETON^S DIGEST Of the Inland Fish and Game Laws of the State of Maine. "What the law is explained and stated in plain lan- guage, with citations from decisions of the courts, and forms for petitions, complaints, etc. 'A state has the constitutional right to regulate the killing of game, birds and fish within its borders, and confine their use to the limits of the state, and forbid its transmission outside of the state. Decision United States Supreme Court, i6i U. S. Reports, page 519. It is lawful under the Constitution for a state to allow the killing of birds within the state, during a designated open season, to allow such birds when so killed to be used within the state, and yet to forbid their transportation beyond the state. From the earliest traditions the right to reduce ani- mals, ferae naturae, to possession has been subject to the law-making power. United States Supreme Court. 161 U. S. Reps., 522. The human race having multiplied, men partitioned among themselves the earth and the greater part of those things which were on its surface. That which fell to each one among them commenced to belong to him in private ownership, and this process is the origin of the right of property. Some things did not enter into this division, as the air, the water which runs in the streams, and the sea and its shores, and great ponds, and wild animals, birds and fish. Melin and Pothier. There are things which belong to no one, and the use of which is common to all. Police regulations direct the manner in which they may be enjoyed. Hunting and fishing are also regulated by Special Laws. Provisions of the Napoleon code, quoted and endorsed by the U. S. Supreme Court, i6i U. S. R., 526. This attribute of government to control the taking of wild animals was recognized and enforced by the common law of England, and was vested in the colonial governments. The power which the colonies thus possessed passed to the states, with the separation from the mother country, and remains in them to the present day. Ibid. The state has jurisdiction to regulate and control the fisheries in the waters of the state, both tidal and inte- rior waters. The right to fish in its waters is not a privilege of the citizens in the several states ; granting to citizens of this state the right to fish for and take fish in a manner and for a purpose not given to citizens of another state is not unconstitutional. 84 Me., p. 444. The Massachusetts Bay Colonial Ordinance of 1641, as amended in 1647, which is an early declaration of common rights and liberties, declared among other things as follows : 'And for great ponds lying in common, though with- in the bounds of some town, it shall be free for any man to fish and fowl there, and may pass and repass on foot through any man's property for that end, so that they trespass not upon any man's corn or meadow.' Massachusetts Colonial Ordinance 1641-1647 is the common law of the whole state. Barrows v. McDer- mott, 7S Me., 441. A great pond is a pond containing more than 10 acres. Auburn v. Water Power Co., 90 Me., 576. State owns them, 86 Me., 319. One may go to great ponds on foot through unin- closed woodlands, but may not cross tillage or mow- ing land. Barrows v. McDermott, 73 Me,, 441. The wild game within a state belongs to the people in their collective, sovereign capacity. It is not the sub- ject of private ownership except so far as the people may elect to make it so; and they may, if they see fit, absolutely prohibit the taking of it, or traffic or com- merce in it, if it is deemed necessary for the protection or preservation of the public good. We take it to be the correct doctrine in this country that the ownership of wild animals, so far as they are capable of owner- ship, is in the state. So far as we are aware, it has never been judicially denied that the government under its police powers may make regulations for the preser- vation of game and fish, restricting their taking to cer- tain seasons of the year. * * * 'pj^g j-jgi^^. ^^ preserve game flows from the undoubted existence in the state of a police power to that end, which may be none the less efficiently called into play, because by so doing interstate commerce may be remotely effected. Geer V. Connecticut, i6i U. S. R., 519." EXPLANATIONS. Unless otherwise specified, the sections referred to in this book mean sections of chapter 32 of the Revised Statutes. R. & R. of Corns, means Rules and Regulations by the Commissioners, which have the force of law, having been adopted after notice and hearing in accordance with law. P. & S. L. means Private and Special Laws. P. L. means Public Laws. WHEN YOU CAN FISH AND WHEN YOU CANNOT FISH. THE GENERAL LAW PROVIDING FOR AN "OPEN" AND ''CLOSE" SEASON ON LAND- LOCKED SALMON, TROUT. TOGUE AND WHITE PERCH. Section 21. The words "close season" and "close time" mean the time or period during which it is unlawful to hunt, shoot, wound, trap or destroy any bird or animal, .or fish for or catch any fish, and the words "open season" mean the time during which it shall be lawful to take these animals, fish and birds as specified and limited by law. THE LAWS RELATING TO FISH AND FISHING ARE AS FOLLOWS: Section i, as amended by ch. 132 of P. L., 1905, and ch. 263, P. & S. L. 1905. There shall be an annual close time for landlocked salmon, trout, togue and white perch, as follows : for landlocked salmon, trout and togue, from the first day of October until the ice is out of the pond, lake or river fished in, the following spring of each year, except on the Saint Croix river and its tributaries, and on all the waters of Kennebec county, in which the close time shall be from the fifteenth day of September until the ice is out of the ponds and lakes the following spring, and except Sebago lake, and Long pond, in Cumber- land county, on which the close time shall be from October first to April first ; but for white perch the close time shall be from the first day of April to the first day of July; no person shall take, catch, kill or fish for, in any manner, any landlocked salmon, trout, togue or white perch in any of the waters of this State, or have the same in possession, in close time. ICE FISHING UNDER THE GENERAL LAW. Section i "And provided that during February, March and April, citizens of the State* may fish for and take landlocked salmon, trout, and togue, with not more than five set lines for each family, when fishing through the ice in the day time, and when under the immediate personal superintendence of the person fish- ing, and may convey them to their own homes for con- sumption therein but not otherwise ; but no citizen of the state during this time shall be permitted to catch more than twenty pounds, or one fish, of landlocked salmon or trout, or more than twenty-five pounds, or one fish, of togue, in any one day. Nothing herein shall be construed as repealing any private or special act closing any lake or pond to ice fishing, or otherwise restricting fishing. Whoever violates any provision of this section shall be subject to a penalty of not less than ten nor more than thirty dollars for each offense, and one dollar additional for every fish caught, taken or killed in violation of any provision of this section." *The right to fish in its waters is not a privilege of the citizens in the several states. It is constitutional to prohibit citizens from other states from fishing through the ice in the waters of this state. 84 Me. Rep., page 444- It should be borne in mind that the above is the gen- eral law of the state. There are many PRIVATE AND SPECIAL LAWS that prohibit ICE FISHING at any time on various lakes and ponds, and close vari- ous streams and make special regulations as to fishing. AS FOLLOWS: Ponds closed to ice fishing in ANDROSCOGGIN COUNTY. Chapter 407 of the P. & S. L. of 1903. Sec. I. Allen pond in Greene, Lake Auburn, Brettuns pond in Livermore, and Androscoggin pond partly in this county and partly in Kennbec, (also Pleasant pond in Turner. R. R. of Coms.) TRIBUTARIES CLOSED. It is unlawful to fish in the tributaries to Lake Auburn (and all that part of the waters of said Lake Auburn and Townsend brook, so called, that lie north of the road leading from the Turner road, so called, to 8 North Auburn Village and crossing said Townsend brook, shall be considered as tributary waters of said Lake Auburn), the tributaries to Taylor pond in the city of Auburn, the tributaries to Brettuns pond in Livermore, the tributaries to Big Bear pond situated partly in Turner, (and see Whitney, Hogan and Tripp ponds in Oxford county, partly in Androscoggin county). It is unlawful to catch or kill any black bass less than 12 inches in length, or more than lo in any one day by one person, in Sabattus pond. AROOSTOOK COUNTY. On Number Nine lake, in T. 9, R. 3, the close time shall be from October first to June first of the follow- ing year. TRIBUTARIES CLOSED. P. & S. L. 1905, ch. 246. It is unlawful to fish for any kind of fish at any time in the inlet stream of Squa Pan lake, or in the east branch of said inlet above what is known as "Thomas Thibadeau's lower landing." The tributaries to Madawaska lake are closed to all fishing, Ross and Conroy lakes, in Littleton and Monticello, are closed to all fishing until April 22, 1906. (See Baskahegan, Chepenticook, Schoodic Grand, North, Brackett, and Longfellow lakes, and Hot brook and Baskahegan stream, in Washington county, partly in Aroostook.) SPECIAL REGULATIONS. It is unlawful to catch any fish except eels in Matta- wamkeag lake except with single hook and line, and for consumption in the family of the person catching them. P. & S. L., 1905, ch. 204. 9 CUMBERLAND COUNTY. Ponds closed to ice fishing are as follows: Sabbath Day pond in New Gloucester, Thomas pond in Raymond and Casco, Little Sebago pond, or lake, in Gray and Windham, and Great Watchic pond in Standish, (in which last named pond the close time shall be from October ist to May ist of the following year). Sec. i, ch. 407, P. & S. L. 1903. Tributaries to ponds are closed as follows : The tributaries to Sabbath Day pond in New Glou- cester, the tributaries to Sebago lake, — except Crooked river, — the tributaries to Thomas pond in Raymond and Casco, the tributaries to Duck pond, or in Royal river from Sabbath Day pond to Jordan's Dam. Pro- vided, further, that it shall be unlawful to fish in the tributaries to Great Watchic pond, in Standish, from October first to May first of the following year. P. & S. L., 1905, ch. 327. Breakneck brook and tribu- taries closed to all fishing, also tributaries of Little Sebago lake. P. & S. L., 1905, ch. 150. (See Thompson pond, Oxford county.) R. & R. by Comrs. : Rogers brook, in Bridgton, is closed to all fishing until July 4, 1907, between the bridge crossing the foot of the brook at the foot of Farnsworth's Meadow and the dead water where the brook enters Long lake, except smelt dipping in the usual way in the dead waters. Stevens brook in Bridgton is closed to all fishing until July 4th, 1907, between Hart's tannery bridge and Long lake, except that dipping for smelts in the usual way is allowed in the dead waters. Northwest river, a tributary to Sebago lake, is closed to all fishing between Fitch's Mill at East Sebago and high water mark in Sebago lake, as marked by posts on each side of the river. Nason and Bachelder brooks are also closed except 10 dipping for smelts in the usual way, between 5 A. M, and 6 P. M. daily. It shall be unlawful to take, catch and kill any black bass less than twelve inches in length in Highland lake, in the northern part of Cumberland county, and no per- son shall take, catch or kill more than ten black bass in any one day in said lake, FRANKLIN COUNTY. All lakes and ponds lying wholly or partly in this county are closed to ice fishing except Indian pond, partly in Somerset county, is open to ice fishing under the general law. (See Jenne pond, in Oxford county., partly in this county.) Ch. 407, sec. i, P. & S. L. 1905. TRIBUTARIES. The TRIBUTARIES to the following named lakes and ponds are closed to all fishing, viz : Webb pond in Weld, except Alder brook down as far as Hildreth's mill dam, Tufts and Button's ponds in Kingfield, and the outlet of the same from Button pond to Reed's Falls, and from Tufts pond to Alder stream, Tim and Mud ponds, in T. 2, Range 4, Rangeley lake, Ross pond, Bemis stream, a tributary to Mooselucmeguntic lake. Whetstone brook, which flows into Kennebago stream, from the foot of the boulders, so called, in said stream to the foot of the falls at the outlet of Kennebago lake, Metalluc and Mill brooks which flow into Upper Rich- ardson lake, Coos brook, a tributary to Wilson lake in Wilton, from its entrance into Wilson lake from the upper side of the Wilkins bridge over said Coos brook, Holland brook, a tributary to said Wilson lake, from its junction with Coos brook to the upper side of the Coos bridge over said Holland brook, Varnum and North ponds in Temple and Wilton, Clearwater pond in Farmington and Industry, Long pond and Sandy River pond, lying wholly or partly in Sandy River II Plantation, Lufkin pond in Phillips, Four ponds, so called, in townships E and D. Sec. 2, ch. 407, P. & S. L. 1905- P. & S. L. of 1905, ch. 169. For a period of three years from May ist, 1905, it shall be unlawful to fish for or catch in any way any kind of fish in South Boundary pond, Little Northwest pond, or Massachu- setts Bog, in T. 3, R. b. (P. & S. L., 1905, ch. 21. It shall be unlawful to fish for any kind of fish at any time in any of the tribu- taries of Webb's river below Goodwin Brothers' mill dam in Carthage;) or the North Branch of Sandy river, called the Chandler Mill stream, the South Branch, called the Crossman stream, Bowen brook. Saddleback stream that flows into Sandy river at Madrid village, and Ben Morrison brook which flows into Saddleback stream, are all closed to all fishing at any time. Sec. 2. ch. 407, P. & S. L. 1903. P. & S. L. of 1905, ch. 223. It shall be unlawful to fish for, take, catch or Km any kind of fish at any time in the south branches of the Sandy river, in Franklin county, above the Chas. E. Dill bridge, so called, in West Phillips. SPECIAL REGULATIONS. P. & S. L., 1905, ch. 148. It shall be unlawful to fish at any time for any kind of fish in Lake Webb within one hundred and fifty feet of the mouth of each and every tributary to said lake, from the time the ice goes out in the spring until June first following, and the commissioners of inland fisheries and game shall, by suitable monuments, indicate the area in which it shall be unlawful to fish as above specified. (P. & S. L., 1905, ch. 346. It shall be unlawful for any person or party or occupants of any one boat, canoe, raft or other vessel or conveyance propelled by steam, electricity, hand or other power to catch by still or plug fishing, so called, more than four trout and salmon in any one day collectively, nor more than two trout and 12 salmon in any one day, individually, in the waters of Rangeley lake, Richardson lakes, Mooselucmaguntic lake and Cupsuptic lake situated in the counties of Franklin and Oxford ; nor shall any one person in any one day take, catch and kill by any method of fishing more than fifteen pounds of trout and salmon in said waters, provided, however, that the taking of one addi- tional fish when having less than fifteen pounds shall not be regarded as a violation of this law ; nor shall any person, under the provisions of section 28 of chap- ter 32 of the Revised Statutes, send more than one box of fish as therein provided once in thirty days.) Sec. 3. It shall be unlawful to fish for, take, catch or kill any kind of fish at any time in Rangeley stream from the lower wharf at the outlet of Rangeley lake down to the dead water at the upper end of the eddy, nor from the upper end of the eddy to the mouth of Kennebago stream from July first to May first. It shall be unlawful to fish for, take, catch or kill any kind of fish at any time in Kennebago stream between the foot of the first falls near its mouth to the upper falls at the outlet of the lake, from July first to May first. It shall be unlawful to fish in Cupsuptic river or its tributaries, above the foot of the first falls near its mouth, except from May first to July first of each year. It shall be unlawful to fish in South Bog stream from its mouth up to the first quick water from July first to May first. It shall be unlawful to fish for, take, catch or kill any fish in Quimby pond, in Rangeley, except in the ordinary way of angling with rod and artificial flies between sunrise and sunset of each day from the fif- teenth day of May to the first day of October, and no person shall take, catch or kill or have in possession more than six fish in all in any one day from this pond. It shall be unlawful to take, catch, or kill more than twenty-five fish in any one day in Four ponds, so called, in Townships E and D. 13 It shall be unlawful to fish in any manner except with artificial flies in South Bog stream and pool, so called, waters connected with Rangeley lake. It shall be unlawful to take more than twenty-five trout from Tim and Mud ponds, in T. 2, R. 4, W. B. K. P., or from Tufts or Button ponds, in Kingfield, in any one day. It shall be unlawful to take from the waters of Var- num or North pond, in Temple and Wilton, and Clear- water pond, in the towns of Farmington and Industry, more than three trout, togue and landlocked salmon in all in any one day. It shall be unlawful to catch any trout in Tufts, But- ton or Grindstone ponds, or their tributaries, in the town of Kingfield, for sale, or sell any trout at any time taken from said Tufts, Button or Grindstone ponds or their tributaries. It shall be unlawful to fish for in any way, or catch any fish of any kind, in the Seven ponds, so called, the Seven Ponds stream. Little Kennebago lake, so called, and the stream flowing out of Little Kennebago lake to the dam at the head of Kennebago Falls, or In the stream flowing out of Kennebago lake commencing at a point four rods above the Berlin Mills Company's bridge and continuing down said stream to its junction with the stream flowing from Little Kennebago lake except in the ordinary method of casting with artificial flies or fly fishing. It shall be unlawful to take, catch or kill at any time any kind of fish in any of the ponds lying on Saddle- back mountain, or the outlet of the same flowing into Bead River pond, or in any of the tributaries emptying into said outlet, or in Salmon lake or Gull pond in Ballas plantation, except in open season and not in open season except in the ordinary method of casting with artificial flies or fly fishing. It shall be unlawful to fish for in any way or catch any fish of any kind in Kennebago lake, John's pond, Flat Iron pond, Blanchard pond, and all the streams 14 flowing into the same, except in the ordinary method of casting with artificial flies or fly fishing. It shall also be unlawful to fish for, take, catch or kill in any one day, more than ten fish in all in Kennebago lake, Little Kennebago lake, John's pond, Flat Iron pond. Seven ponds, so called, or in any of the streams flowing into any of the above named lakes or ponds that are not closed to fishing, and in the stream flowing out of Little Kennebago lake to the dam at the head of Kennebago Falls, and in the stream flowing out of Kennebago lake commencing four rods above the Berlin Mills Company's bridge and continuing down said stream to its junction with the stream flowing from Little Kennebago lake. Sec. 3, ch. 407, P. & S. L. 1903- (R. & R. of Comrs.) It shall be unlawful to fish for any kind of fish in Nash brook, or in any of the tribu- taries of the South branch of the Dead river above Green's farm, or in the South branch of the Dead river above Flagg dam, in the county of Franklin, until June 20th, 1907. It shall be unlawful to fish in the South Branch of Dead river below Flagg dam, in the county of Franklin, except in the ordinary manner of casting with artificial flies or fly fishing as it is generally known, until June 20th, 1907. Fishing for, catching or killing any kind of fish in the stream connecting Dodge and Round ponds, or in the stream between Dodge pond and Hunter cove, so called, all in the town of Rangeley, is hereby absolutely prohibited until June 20th, A. D. 1907. Fishing for, catching, or killing any kind of fish in Dodge and Round ponds, also in that part of Hunter cove, so called, above the bridge crossing the same, excepting by casting flies or trolling in the ordinary manner, is hereby absolutely prohibited until June 20th, A. D. 1907. Fishing for, catching or killing any kind of fish from the bridge crossing Hunter cove at any time of the year, excepting from the time the ice leaves Rangeley lake 15 to the first day of June, of each year, is hereby abso- lutely prohibited until June 20th, A. D. 1907. It shall be unlawful to fish in Redington pond, in Redington Township, in Franklin county, except between sunrise and sunset of any day in open season, for four years from June 15th, 1902. It shall be unlawful for any person in any one day, between sunrise and sunset to take, catch or kill more than fifteen fish in any one day in said pond, for a period of four years from June 15th, 1902. It shall be unlawful for any person at any time to fish for, take, catch or kill any kind of fish in any of the tributaries of Toothaker pond at Shephard's Mills, so called, in the town of Phillips in Franklin county, for a period of four years from June 15th, 1902. It shall be unlawful for any person in any one day to take, catch or kill more than ten fish in said pond for four years from June 15th, 1902. It shall be unlawful to fish for, take, catch or kill any kind of fish at any time in any of the tributaries of Mt Blue pond for a period of four years from June 15, 1902. It shall be unlawful for any person to take, catch or kill in any one day more than five fish in said pond. It shall be unlawful to take, catch or kill any land- locked salmon in said pond for a period of four years from June 15th, 1902. Waters closed to ice fishing : HANCOCK COUNTY. Noyes' pond in Bluehill, Eagle lake. Bubble pond, sometimes called Turtle lake, Jordan pond on Mt. Desert Island, (Narraguagus lake, P. & S. L. 1905, ch. 170, sometimes called Spring River lake, in T. 9, 10 and 16,) Crocker and Pickerel ponds, in Township 32. are closed to ice fishing. In Green lake, sometimes called Reed's pond, situ- i6 ated wholly or partly in Ellsworth, ice fishing is lawful as provided in the general law, on Fridays and Satur- days of each week. First or Billings pond, in the town of Bluehill, is closed from October first to May first of the following year. Sec. i of ch. 407, P. & S. L. 1903, as amended by ch. 23 of P. & S. L. 1905. TRIBUTARIES. The tributaries to the following lakes and ponds are closed : Noyes' pond in\ Bluehill, Green lake in Dedham and Ellsworth, Eagle lake in Eden, Bubble or Turtle lake on Mt. Desert Island. Ch. 407, sec. 2, P. & S. L. 1903. SPECIAL REGULATIONS, AND UNLAWFUL TO SELL TROUT CAUGHT IN THIS COUNTY. It shall be unlawful to fish for, take, catch or kill any trout in any of the waters lying wholly or partly in the county of Hancock for sale, or directly or indi- rectly sell any trout taken from any of these waters, or to take, catch, kill or have in possession in any one day more than twenty-five pounds of black bass from any of the waters lying wholly or partly in the towns of Eden, Mt. Desert, Tremont, Hancock, Sullivan, Franklin, Eastbrook, Waltham, and Townships Num- ber 7, Number 10 and Number 21, in the county of Hancock. Sec. 3, ch. 407, P. & S. L. 1903. R. & R. OF COMRS. Blunt's pond, in the town of Lamoine, is closed to all fishing from October first to May first of the fol- lowing year, and it is unlawful to catch fish on Sunday in this pond at any time, or for one person to take more than 12 fish in any one day. 17 It shall be unlawful to fish in Lily pond in Deer Isle except from the shore, or for one person to catch more than five fish from said pond in one day. KENNEBEC COUNTY. Ponds closed to ice fishing are as follows : Cobbos- seecontee lake situated partly in Winthrop, Annabessa- cook lake and The Narrows pond situated in Winthrop, I,ake Maranocook situated partly in Winthrop, Jimmy pond in Litchfield, Androscoggin pond situated partly in Wayne, Great, Long, East, North, Little, Ellis, McGraw and Snow ponds situated wholly or partly in this county, Flying pond in Vienna, and Three-Mile pond in China, Windsor and Vassalboro, (in which last named pond it shall be lawful to fish for pickerel, as provided in the general law, on Saturdays of each week, for consumption in the family of the person tak- ing the same). Sec. i, ch. 407, P. & S. L. 1903. Cobbosseecontee stream is closed to all fishing from Lake Cobbosseecontee to Pleasant pond, and from Pleasant pond to the New Mills bridge, including the Ox Bow, from Dec. ist to May ist following of each year. P. & S. L. 190S, ch. i. TRIBUTARIES CLOSED. The tributaries to the following named lakes and ponds are closed to all fishing: All of the tributaries to all of the lakes and ponds lying wholly or partly in the towns of Winthrop and Monmouth, Jimmy's pond in Litchfield, Three Mile pond in China, Windsor and Vassalboro, McGraw, Ellis, East, North, Great, Long, Little and Snow ponds situated partly in Oakland, Bel- grade, Mt. Vernon, Rome and Sidney, Sec. 2, ch. 407, P. & S. L. 1903. i8 SPECIAL REGULATIONS. Sec. 3, ch. 407, 1903, P. & S. L. It shall be unlawful to take, catch and kill any black bass less than twelve inches in length in Snow pond, or Messalonskee lake. Great pond, North pond. East pond, McGraw pond, Ellis pond. Lake Cobbosseecontee, Annabessacook lake, and Lake Maranocook, and no more than ten black bass shall be taken by one person in any one day from either of the above named lakes or ponds, and it shall be unlawful for any person to sell or offer for sale any kind of fish, except eels, at any time, taken or caught in any of the above named lakes and ponds in this county, except Lakes Annabessacook, Maranocook and Cobbosseecontee. Carleton pond, see appendix. R. & R. OF COMRS. China lake is closed to all ice fishing to March first, 1906. Stickney brook in Whitefield and Chelsea, and Griffin brook in Windsor, are closed to all fishing from May 31st until the ice is out of the brook the follow- ing spring, until June i, 1907. KNOX COUNTY. Ponds closed to ice fishing are as follows : Crystal lake in Washington and Grassy pond in Hope and Rockport. Ch. 407, P. & S. L. 1903, sec. i. TRIBUTARIES CLOSED. To Canaan lake, partly in Knox and partly in Waldo county, Lermonds and Alfords ponds, Norton pond, and Crystal lake in Washington. Sec. 2, ch. 407, P. & S. L. 1903- ^9 R. & R. OF COMRS. ' Tributaries of Crawford pond in Union and Warren are closed to all fishing until June 20, 1906. Tributaries to Quantibacook pond, the waters of Georges river above the town line between Union and Appleton to Ripley's mill in Searsmont, are closed until the ice is out of these waters in the spring of 1907. LINCOLN COUNTY. Ponds closed to ice fishing are as follows : Dyer's pond in Jefferson. Sec. i, ch. 407, P. & S. L. 1903- TRIBUTARIES CLOSED. To wit: To Dyer's pond in Jefferson. Sec. 2, ch. 407, P. & S. L. 1903- R. & R. of Comrs. Stickney brook in Whitefield is closed to all fishing from the 31st day of May of each year until the ice is out of the brook the following spring, and Finn brook in Whitefield, a tributary to Sheepscot river, is closed to all fishing until June first, 1908. OXFORD COUNTY. Ponds closed to ice fishing are as follows : It shall be unlawful to fish through the ice for any kind of fish in the following named lakes and ponds in Oxford county, to wit: In all the lakes and ponds situated wholly or partly in this county, except North and Bird ponds in the town of Norway, the Five Kezar's, Moose. Bear, Long, Two Speck, Pappoose and McWain ponds in the town of Waterford, Kneeland, Burnt Land, Crooker ponds in the town of Albany, Proctor pond in the towns of Albany and Stoneham, Upper 20 Stone* and' Horse Shoe ponds in Stoneham, Bradley, Farrington and Slab City ponds in the town of Lovell, Moose, Beaver, Long, Grandeur and Little ponds in Denmark, Lower Kezar, Lovewell's, Clay, Haley, Charles, Pleasant, Lower Kimball and Bog ponds sit- uated wholly or partly in Fryeburg, Rattle Snake and Burnt Meadow ponds in Brownfield, Moose and Mud ponds in Paris, Round and Twitchell ponds in Green- wood, Hogan and Whitney ponds in Oxford, the two Clemons ponds, Middle, Barker, and South East ponds in Hiram, Bungamuck pond in Hartford, Keyes and Stearns ponds in Sweden, Bickford, Long and Colcord ponds in Porter. North pond in Greenwood and Wood- stock, and Half Moon pond, in which ponds it shall be lawful to fish through the ice, as provided in the general law. Sec. I, ch. 407, P. & S. L. 1903, am. by. ch. 159, P & S. L. 1905. It is lawful to fish for pickerel only through the ice in Jenne pond, in Mexico and Carthage. P. & S. 1905, ch. 159. It is unlawful to fish for any kind of fish at any time in Indian pond in Greenwood until April i, 1906. Thompson pond, in counties of Cumberland, Oxford and Androscoggin, is closed to all fishing from Sept. ist to Jan. 1st following of each year. P. & S. L. 1905, ch. 264. TRIBUTARIES CLOSED. The tributaries to the following named lakes and ponds are closed to all fishing: Sec. 2, ch. 407, P. S. 1903. Anasagunticook lake in Canton and Hartford, the tributaries to -Little Bear pond in Hartford and Turner, the tributaries to Howard's pond in Hanover, the trib- utaries to Lake Pennesseewassee and Little Pennessee- wassee in Norway, the tributaries to Garland pond and *Narae changed by Leg. of 1905 to Virginia Lake.cli. 175 of P. &S. L. 21 Roxbury pond, Rapid river from the swing bridge at the Oxford Club House to Lake Umbagog, the tribu- taries to Songo pond in Albany, the tributaries to Sand and Pickerel ponds in Denmark, the tributaries to Bry- ant pond in Woodstock; in Pleasant pond and its tribu- taries for four years it shall be lawful to fish only on Tuesdays, Thursdays and Saturdays of each week and but 25 fish shall be taken in any one day in these waters by any one person. It shall also be unlawful for any person to fish in any of the tributaries to Indian pond. South pond and Twitchell pond, in the town of Green- wood, or to fish for. take, catch or kill any fish at any time in Indian pond, above named, before April first, 1906. (It shall also be unlawful to fish for, take, catch or kill at any time any kind of fish in Great brook or its tributaries, in Stoneham, the tributaries to Big Concord pond in Woodstock, or the tributaries to Magalloway river above Aziscohos falls. Chas. 79, 349, 389, P. & S. L. 1905) SPECIAL REGULATIONS. Sec. 3, ch. 407, P. & S. L. 1903. It shall be unlawful to take or catch any black bass, pickerel, or any other fish from the Lower Kezar pond or its tributaries for sale, or to sell the same, and no person shall take more than twenty pounds of fish in any one day from said Lower Kezar pond. It shall be unlawful to fish for, take or catch any fish in Ward's brook, Ward's pond and Walker's pond, so called, except between the first day of May and August of each year, or to fish therein except with rod and single line and artificial flies or fly fishing. It is unlawful to fish for, take, or catch any fish in Ellis river or its tributaries situated in Andover, Ando- ver West, North Surplus, and Roxbury, and Town- ships C and D, except on Tuesdays, Thursdays and Saturdays during the months of May, June and July, and to the fifteenth day of August of each year. 22 It shall be unlawful to take, catch and kill any black bass less than twelve inches in length in Keoka lake, nor shall any one person take, catch or kill more than ten black bass in any one day in said lake. It shall be unlawful for any one person in any oiie day to take, catch or kill more than ten black bass in Upper Kezar pond, or to take any black bass from said pond less than twelve inches in length, or to take any smelts at any time, in any of the tributaries of said pond, (except Mill brook. P. & S. 1905, ch. 261.) It shall be unlawful to fish for in any way, or catch any fish of any kind in the Magalloway river above Aziscohos Falls, or in Sunday pond, Long pond, Par- machenee lake. Wells pond. Otter pond. Rump pond, Billings pond, Barker's pond, M. T. Abbey pond. Upper and Lower Black ponds, Cupsuptic pond and Lincoln pond except by the ordinary method of casting with artificial flies or fly fishing. P. & S. L. 1905, ch. 382. It shall be unlawful to kill any white perch in Whitney or Hogan ponds, situ- ated in the town of Oxford, or in Tripp pond in Poland, Androscoggin county, which does not measure eight inches in length from tip of nose to tip of tail, or any black bass which does not measure twelve inches in length from tip of nose to tip of tail. It shall be unlawful for any person, camping party or family to kill or carry away more than twenty perch in all in any one day from said ponds. R. & R. OF COMRS. Songo pond in Albany is closed to all ice fishing to Feb. I, 1908. PENOBSCOT COUNTY. Sec. T, P. & S. L., ch. 407. 1903. Ponds closed to ice fishing are as follows : Cold Stream pond in Enfield, and Brewer pond, sometimes called Hynes pond, partly in Orrington and Bucksport. P. & S. L. 1904, ch. 265. TRIBUTARIES CLOSED. Trie tributaries to the following named lakes and ponds are closed : To Dexter pond in Dexter. Sec. 2, ch. 407, P. & S. L. 1903. DRIFT NETS— PENOBSCOT RIVER. Chapter 453 of Private and Special Laws 1901, pro- vides : Drift nets, of a mesh not less than 2^/2 inches square m,ay be used by inhabitants of this State, from 6 o'clock in the afternoon of Wednesday to 6 o'clock in the afternoon of Saturday of each week, during open season, in fishing for and taking salmon in the Penob- scot river from the Water Works' dam at Bangor to the mouth of Seboeis river, so called, on the east branch of said Penobscot, provided, however, that no salmon shall be so taken between said points in said river except for the purpose of consumption in the homes of the inhabitants so taking, and that no drift net shall be used within 300 yards of any dam or mill race on said river. Section 2, chapter 191, Private and Special Laws 1899. If in the judgment of the commissioners of inland fish- eries and game, the privileges granted by section one are abused, misused or are detrimental to the proper propagation of the salmon fisheries on any part of the Penobscot river, said commissioners shall have power and are hereby authorized to suspend the operation of this act. R. & R. OF COMRS. Stony brook is closed to all fishing to Sept. i. 1908, and Jordan and Dearborn brooks, in Newburg, are 24 closed to all fishing from July ist until the ice is out of the brooks the following year. Chemo stream or Blackman stream, in the town of Bradley, is closed to all fishing between the Stone dam and Chemo pond. PISCATAQUIS COUNTY. It is lawful to fish through the ice in the following lakes and ponds in this county, and no others: Sec. i, ch. 407, P. & S. L. 1903, as amended by P. & S. L. 1905, ch. 245. Fourth Buttermilk and Little Benson ponds, Seboeis lake, Boyd lake, (provided, further, that it shall be lawful to fish through the ice in Boyd lake for pickerel only during December and January of each year). Cedar lake, Ebemee ponds, Schoodic lake. North and South Twin lakes, Pemadumcook lake, Ambajejus lake, Debsconeag lake, Nahmakanta lake, Chesuncook lake, Sebec lake. First Buttermilk pond, Big Benson pond. Big Huston pond. Center pond in Sangerville, Moose- head lake, Jo Mary lake. Caribou lake, Lobster lake, Chamberlain lake, Telos lake, Webster lake, Eagle lake, Allagash lake, Munsungan lake, Millinockett lake, Cau- congomoc lake, Churchill lake, Chemquassabamticook lake. Grand lake, Second lake. Ragged lake, Pepper pond. Whetstone pond, and Large Greenwood pond in Elliottsville and Willimantic. TRIBUTARIES. It is unlawful to fish in the tributaries of any of the following named lakes and ponds: Sec. 2, ch. 407, P. & S. L. 1903. Lake Hebron or Hebron pond in Monson, the tribu- taries to Twin and Doughty ponds, known aS Ship pond and Bear pond, in Elliottsville plantation. Ship Pond stream above Buck's Falls, the brook that is the outlet of Garland pond in Sebec, the tributaries to Lake 25 Unawa in ElHottsville plantation and Willimantic, the tributaries to Moosehead lake except Moose river (and the commissioners shall establish by metes and bounds the mouths of these tributaries), Davis stream in Wil- limantic, Monson Pond stream, a tributary to Davis stream, Vaughan stream, a tributary to Long Pond stream, Wilson stream, a tributary to Sebec lake, it shall also be unlawful to fish in Wilson river, between Wilson pond and Tobey Falls, in Willimantic, except from May 15th to October ist of each year ; it shall also be unlaw- ful to fish in Lower Wilson pond. Upper Wilson pond, Mountain pond, Rum pond and Horseshoe pond, being the upper waters of V/ilson stream, and all the tribu- taries of Lower Wilson pond. Upper Wilson pond. Mountain pond, Rum pond and Horseshoe pond, except from July first to October first of each year, until April 22d, 1906, (and Marble brook, a tributary to Marble pond, or Chase brook, sometimes called Blackstone brook, situated partly in Blanchard. P. & S. L. 1905. ch. 179.) SPECIAL REGULATIONS. Sec. 3, ch. 407, P. & S. L. 1903. It is unlawful to fish for, take, catch or kill any fish in Little Houston pond, in K. I. Works Township, except with artificial flies. (It is unlawful to fish for, take, catch or kill any kind of fish at any time in Shadow pond, so called, in Squaw Mountain township, except from June first to August first of each year, and during this period it is unlaw- ful to fish except in the ordinary method of angling with artificial flies or fly fishing. P. & S. L., 1905. chs. no and 179. It is unlawful to fish in Marble pond at any time for any kind of fish,) (or in Garland pond, between Septem- ber first and June ist of the following year. R. R. of Comrs.) Somerset County: It is lawful to fish through the 26 ice in the following named lakes and ponds and no others lying wholly or partly in this county : Moosehead lake, Palmer pond in Mayfield, Ellis, Round and Ten-Thou- sand-acre ponds, in Township i, Range 6, known as the Ten-Thousand-acre township, Rowell pond in Solon, Smith pond in Cornville, Oaks pond in Cornville, Pick- erel pond in Flagstaff, Oilman pond in Lexington, Pierce pond in Township 2, Range 4, Sibley pond in Canaan, Fahi and Sandy ponds in Embden, Wyman and Weeks ponds in Brighton, Moose, Mud, Starbird and Stafford ponds in Hartland, Indian pond in St. Albans, Indian pond situated partly in Franklin and partly in Somerset county, Douglass pond in Palmyra, Gammon pond situated partly in Somerset and partly in Franklin county. TRIBUTARIES. Sec. 2, ch. 407, P. & S. Iv. 1903. It shall be unlawful to fish for any kind of fish in any of the tributaries of the following lakes and ponds : Lake George in Canaan, Barret brook and its tribu- taries and Beaver brook in Holeb, the brooks forming the outlet of Fish pond and Little Fish pond and Big Gulf stream and Little Gulf stream, Wood stream in Forsythe plantation above its entrance into Big Wood pond, Hayden lake in Madison, Mosqufto stream, an inlet of Moxie pond, in The Forks plantation. East Moxie and Bald Mountain townships, to low water mark in said Moxie pond, Great Embden pond in Embden, Misery stream, an inlet of Brassua lake, Moose pond, in Hartland and Harmony, except Main stream, Goodwin's brook and Higgins stream below the first dam on said Higgins stream, the west outlet of Moose- head lake, the tributaries to Parlin or Lang pond in T. 3, R. 7, Lang stream and its tributaries. Parlin stream and its tributaries from Parlin pond to the mouth of Bean brook (nor in Bean brook. R. & R. of Comrs.). Bolt brook, in Bald Mt. T., is closed to all fishing. V SPECIAL REGULATIONS. Sec. 3, ch. 407, P. & S. L. 1903. Somerset County : It shall be unlawful to take, kill or carry away more than two fish of any kind (eels and suckers excepted) or ten pounds of fish, in any one day from Spring lake, so called, (or more than ten pounds in Moxie pond or its tributaries, and no person shall be permitted to carry away therefrom more than fifteen pounds of fish at the close of any one period of fishing regardless of how many days such period of fishing may cover. P. & S. L. 1905, ch. 20.) R. & R. of Comrs. It is unlawful to fish in White's pond, in Palmyra, from October first to May first of the following year. It is unlawful to fish for any kind of fish through the ice in Big Indian and Little Indian ponds in the town of St. Albans except on Saturday of each week between daylight and dark. It is unlawful to fish for any kind of fish in any way in Parlin stream, from August 15th to May ist follow- ing of each year. It is unlawful to fish in Brackett brook except from May 10 to June 10 of each year. It is unlawful for one person to catch more than twenty-five white perch in one day in Mayfield pond, in Mayfield plantation, or in Kingsbury pond situated partly in Mayfield, or in Smith pond in Brighton plan- tation, or in Tomilson or Wyman pond, situated about two miles west of Brighton village. WALDO COUNTY. P. & S. L. 1905, ch. 259. There is an annual close time in which it is unlawful to fish for any kind of fish on the streams known as Sandy and Half Moon streams and their tributaries, and the tributaries to Unity pond, from the first day of July to the first day of May of each year. 28 p. & S. L. 1905, ch. 238, Lake St. George. The open time for white perch shall be from June first of each year until April first of the following year, and it is unlawful for any person during the month of June to take, catch or kill more than eight pounds of white perch in any one day in this pond, and only for con- sumption in his own family. R. & R. OF COMRS. Little Pond brook, Shibles brook, which flow into Bartlett stream, Bartlett stream, a tributary to Lake Quantabacook, and Newell and Thompson brooks, trib- utaries to Bartlett stream, are closed to all fishing until June 10, 1906. Swan lake is closed to ice fishing until June i, 1908, and during the same period it shall be unlawful to take, catch or kill any trout less than ten inches in length or any landlocked salmon less than fourteen inches in length in this lake. Mixer pond in Knox, closed to all fishing. WASHINGTON COUNTY. There are no lakes or ponds closed to ice fishing in this county except as below : P. & S. L. 1905, chs. 78, 203 and 212. It shall be unlawful to fish for, take, catch or kill any kind of fish at any time except for consumption in one's home, in the waters of Baskahegan lake and stream, Hot Brook lake and stream, or their tributaries, and in Schoodic Grand lake. North lake, Brackett lake and their tribu- taries, and the waters between Schoodic Grand lake and Chepenticook lake, or in Chepenticook lake, sometimes called Spednic lake, situated in the counties of Wash- ington and Aroostook. (Sec. 3, ch. 407, P. & S. L. 1903. Grand Lake stream, the outlet of Grand lake, in Washington county, and so much of Grand lake as is 100 yards 29 above the dam at the outlet shall be closed to all fishing from October first to June first of the fol- lowing year, and from said dam to a point one hun- dred yards below said dam on said stream it shall be unlawful to fish for any kind of fish at any time (and it shall be unlawful during open season on said stream and one hundred yards above the dam at the outlet of said lake, to fish for, take, catch or kill any fish by any other method than by the ordinary way of angling with rod and artificial flies). TRIBUTARIES. Sec. 2, ch. 407, P. & S. L. 1903. The tributaries to Lambert lake, in Lambert Lake PL, and to Lake Narra- guagus, are closed to all fishing. R. & R. of Comrs. It shall be unlawful for any per- son or the occupants of any boat or raft to take, catch or kill more than five black bass in any one day in the waters of Hadley lake, so called, in Washington county, until June ist, 1906. These provisions shall apply to the inlet of said lake up as far as the first ripples or quick water, and to the outlet down as far as the first dam. YORK COUNTY. Sec. I, ch. 407, P. & S. L. 1903. The following named lakes and ponds in this county are closed to ice fishing: Bonneg Beg pond in North Berwick and Sanford, "L" pond in Sanford and Wells, Messabesic pond, sometimes called Shaker pond, and Littlefield pond in Alfred, Middle Branch pond in Alfred and Waterboro, and Bunganeaut pond in Alfred and Lyman (in which last named pond the close time shall be from October first to May first of the following year). 30 TRIBUTARIES. Sec. 2, ch. 407, P. & S. L. 1903. The tributaries to the following named lakes and ponds are closed to all fishing: The tributaries to Bonneg Beg pond. R. & R. OF COMRS. Horn pond, in Limington, is closed to fishing from Oct. I to May i, 1908. Handscom brook, a tributary to this pond, is closed to all fishing until May i, 1908. That portion of Great East pond, situated in Acton, and Wilson pond in said town, is closed to all fishing between Nov. 30 and June 15 of each year until 1908. Styles brook, sometimes called Hubbard brook, and Sanborn brook in Acton, and Ham brook and Heath brook and its tributaries in Shapleigh is closed to all fishing until July 20, 1907. Pump Box or Smelt brook, and its tributaries, in Shapleigh, and David brook in Acton, are closed to all fishing until July 20, 1907, except to dip smelts as now provided by law. SPECIAL REGULATION. P. & S. L. 1905, ch. 331, section i. There shall be an annual close time for fishing for any kind of fish in Sokokis lake, so called, in the town of Limerick, and in all of the tributary waters of said lake including Brown's brook, so called, above the dam at Limerick Mills in the towns of Limerick, Cornish and Parsons- field, and Long pond and West pond, so called, in Par- sonsfield, at the headwaters of said stream, as follows : It shall be unlawful to fish in said waters for any kind of fish for a period of five years from the date of the approval of this act, except that during the month of August of each year that bass and pickerel may be taken in the ordinary way with hook and line from the 3T waters of said Sokokis lake, and in said Long pond and West pond from June 15th to September first of each year. Act approved March 21, 1905. SUNDAY IS NOT A CLOSE TIME FOR FISHING. The penalty for violating any of the above Private and Special Laws, or Rules and Regulations of the Commissioners, is the same as for violating the general law in regard to fishing. Sec. 4, ch. 407, P. & S. L. 1903. PROHIhiiED DEVICES IN FISHING. Sec. 2. "Whoever fishes for, takes, catches, kills or destroys any fish, with fish spawn or grapnel, spear, trawl, weir, seine, trap, or set lines, except when fishing through the ice, and then with not more than five set lines in the day time, or with any device, or in any other way than by the ordinary mode of angling with single baited hooks and lines, artificial flies, artificial minnows, artifical insects ,spoon hooks and spinners, so called, shall be fined not less than ten nor more than thirty dollars for each offense; and when such prohibited implements or devices are found in use or possession, they are forfeit and contraband, and any person finding them in use, may destroy them." (Note. — It is lawful to use a dip or landing net to land youh fish after you have caught it.) DYNAMITE AND OTHER EXPLOSIVES PRO- HIBITED. Sec. 4. "No person shall use dynamite or other explosives or any poisonous or stupefying substance whatever, for the purpose of destroying or taking fish, under a penalty of one hundred dollars and, in addition 'thereto, two months' imprisonment in the county jail for each offense." 32 MAY TAKE MINNOWS AND OTHER BAIT FISH FOR ONE'S OWN USE. Sec. 2. 'Tt shall be lawful to take minnows and other bait fish, commonly used for live bait, for one's own use in fishing, in any of the closed streams in this State, and to take smelts for consumption in the family of the person taking them." (Note. — This does not apply to streams closed to all fishing by special act of the Legislature, or by R. & R. of the Commissioners since the passage of this act.) LENGTH OF SALMON AND TROUT THAT MAY BE TAKEN. Sec. 48. "Whoever kills or destroys any sea salmon or landlocked salmon less than nine inches in length, or any trout less than five inches in length, forfeits five dollars for the offense and fifty cents for every land- locked salmon or trout so killed or destroyed. Who- ever has in possession any salmon or trout of less than the above dimensions shall be deemed to have taken it in violation of this section." IT IS UNLAWFUL TO CATCH OR TRANS- PORT OR HAVE IN POSSESSION MORE THAN TWENTY-FIVE POUNDS OF TROUT, LANDLOCKED SALMON OR WHITE PERCH IN ANY ONE DAY. I Sec. 3. "No person shall transport more than twenty-five pounds of landlocked salmon, trout, togue, or white perch, in all, at any one time; nor shall any such be transported except in the possession of the owner thereof, plainly labelled thereon with the owner's name and residence, except as is provided in section 28 of this chapter; nor shall any corporation transport more than twenty-five pounds in all, of said fish, at one. time, as the property of any one person; nor shall any 33 person take, catch, kill, or have in possession in any one day more than twenty-five pounds in all, of the above named fish. Whoever violates any of the pro- visions of this section shall be punished by a fine of fifty dollars for each offense and one dollar for every pound of fish so taken or being transported, in excess of twenty-five pounds ; and all such fish being so trans- ported or taken in violation of this section may be seized and shall be forfeited to the State. Whoever has in his possession more than twenty-five pounds in all, of said fish, shall be deemed to have taken them in viola- tion of this section; provided, however, that the taking of one fish additional having less than twenty-five pounds, or less than twenty pounds, when fishing through the ice, shall not be regarded as a violation of the law." INTRODUCTION OF CERTAIN BIRDS, FISH AND ANIMALS PROHIBITED. Sec. 5. "Whoever introduces fish of any kind into any of the waters of the state by means of live fish or otherwise, or whoever introduces wild birds or wild animals of any kind or species, into the state except upon written permission of the commissoners of inland fisheries and game, shall forfeit not less than fifty dol- lars nor more than five hundred dollars." POSSESSION OF JACK LIGHTS, SPEARS, TRAWLS, NETS,— ILLEGAL WHEN. Sec. 5. "The having in possession of any jack light, spear, trawl, or net, other than a dip net, in any camp, lodge, or place of resort for hunters or fishermen, in the inland territory of the state, shall be prima facie evi- dence that the same is kept for unlawful use ; and they may be seized by any officer authorized to enforce the inland fish and game laws. Whoever is convicted of 34 having any of the above named implements in his pos- session unlawfully as aforesaid, shall be fined fifty dol- lars and costs of prosecution." EELS, SUCKERS, WHITE FISH AND CUSK. Sec. 6. "In closed waters where eels, suckers, cusk and white fish abound, the commissioners may grant permits to take the same and dispose of them for food purposes ; and where an exclusive right is granted to take eels in any river or stream or part thereof, they may grant such permit upon such terms as they deem reasonable, and such permits shall expire with the calendar year; and it shall be lawful to take suckers with spears or hook and line in any closed tributaries from the time the ice goes out in the spring until June first." PROTECTION OF SCREENS. Sec. 40. '"'Whoever shall take up, destroy or injure any screen erected at the outlet of any lake or pond by authority of the Commissioners of Inland Fisheries and Game, shall be punished by a fine not exceeding fifty dollars." COMMISSIONERS OF INLAND FISHERIES AND GAME— THEIR POWERS AND DUTIES. Sec. 35. '■ The commissioners of inland fisheries and game shall examine dams and all other obstructions existing in all rivers and streams, and determine the necessity of fishways, and the location, form and capac- ity thereof; and shall introduce and disseminate valu- able species of food fish into the inland waters of the State, and valuable food birds into the State. They shall examine into the workings of the inland fish rind game l^ws, see that all violation?? thereof j^re duly 35 prosecuted, and perform all other duties prescribed by law. They shall annually on or before the 31st day of December, report to the governor. Sec. 2^- "The commssioners of inland fisheries and game shall have authority, upon petition of five or more citizens of the State, or whenever they shall deem it for the best interests of the State, after due notice and pub- lic hearing in the locality to be affected, to regulate the times and places in which and the circumstances under which game and inland fish may be taken ; but they cannot authorize the taking of game or inland fish at a time in which its capture is prohibited by the laws of the State, and in all cases where the prayer of the peti- tioners is refused, one-half of the expenses of the com- missioners shall be paid by the petitioners. Whenever they deem it for the best interests of the State, after like notice and hearing, they may entirely prohibit the taking of any kind of game or inland fish, in any part of the State, for a series of years not exceeding four. They may adopt and, from time to time, modify or repeal such needful rules and regulations, not contrary to the laws of the State, as they may deem necessary or proper for the protection and preservation of the game and inland fish of the State, in conformity with the pro- visions of the last two preceding sections. They shall file, in the office of the clerks of the cities and towns in the territory to be affected, a copy of the rules and regulations adopted by them, and publish the same three weeks successively in a newspaper printed in the county, and post on the banks of waters to be affected, as nearly as may be like notices ; and when- ever any such rules or regulations apply to any unor- ganized township, a like copy shall be filed with the clerk of courts for that county and published three weeks successively in a newspaper printed in the county; they shall immediately upon the adoption of any rules and regulations contemplated by this act, file an attested copy of the same in the office of the secretary of state. 36 "Sec. 37. Whoever fishes for, takes, catches, kills, or destroys any inland fish, in any manner or at any time, in violation of any of the rules and regulations of the commissioners of inland fisheries and game, made and promulgated in conformity with the provisions of this chapter, shall be punished in the same manner and to the same extent as is provided for by law for the illegal taking, catching, killing or destroying of any such inland fish. "Sec. 38. Whoever at any time or in any manner hunts, chases, catches, kills, takes, has in possession, or destroys any inland game, in violation of any of the rules and regulations of the commissioners of inland fisheries and game, made and promulgated in conform- ity with the provisions of this chapter, shall be punished in the same manner and to the same extent as is pro- vided for by law for the illegal hunting, chasing, catch- ing, killing, taking, having in possession, or destroying of any such inland game. "Sec. 39. Whoever wilfully mutilates, defaces or destroys any notice, rule, or regulation of the commis- sioners of inland fisheries and game, posted in con- formity with the provisions of this chapter, shall be punished by a fine not exceeding fifty dollars, to be re- covered by complaint or indictment; and one-half of said fine shall be paid to the prosecutor. "Sec. 40. Said commissioners of fisheries and game may take fish and game of any kind when, where, and in such manner as they choose, for the purposes of science and of cultivation and dissemination, and they may grant written permits to other persons to take fish and game for the same purposes, and may introduce or permit to be introduced, any kind of fish into any waters. They may, after a hearing, set apart, for a term not exceeding ten years, any waters for the use of themselves, or of the United States commissioner of fish and fisheries, in the prosecution of the work of fish culture and of scientific research relative to fishes. The order setting apart such waters shall be recorded in the 37 registry of deeds of the county in which they are situ- ated. 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 respective fish culture and scientific work, take fish at any time or in any manner, and erect and maintain any fixtures nec- essary for such purposes. No 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 of one dollar for each fish so taken or killed ; provided, however, that be- fore such hearing they shall give notice thereof, by pub- lication of their intention for two successive weeks in at least one newspaper printed in the county where such waters lie. They are authorized to grant permission to take moose, caribou, deer, and birds for park pur- poses in this State, under such rules, regulations, and conditions as they shall establish. They may, under such rules and regulations as they may establish, per- mit the taking of eels and white fish in the inland waters of the State. They shall have authority to cause the destruction of all mink found in or around any fish hatchery or feeding station in this State. They may upon petition of ten or more taxpayers, residents in the locality, adopt such needful rules and regulations, not contrary to the general laws of the State, as may be necessary to prevent the interference with, or the destruction of the spawning beds, feeding troughs, or artificial ponds of landlocked salmon or trout, or other useful fish. The penalty for the wilful violation of any of such rules and regulations shall be fifty dollars for each offense. The commissioners may at their discre- tion, screen the outlet of any pond or lake or authorize the same to be done under such conditions as may seem to them just. 38 FISHWAYS. "Sec. 41. The owner or occupant of every dam or other artificial obstruction in any river or stream fre- quented by sahiion, shad, alewives, or landlocked sal- mon, shall 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 a hearing thereon, be deter- mined by the commissioners of inland fisheries and game by written notice to some owner or occupant specifying the location, form, and capacity of the required fishway, and the time within which it shall be built; and said owner or occupant shall keep said fish- way in repair, and open and free from obstruction for the passage of fish, during such times as are prescribed by law ; provided, however, that in case of disagree- ment between said commissioners and the owner or occupant of any dam, as to the propriety and safety of the plan submitted to the owner or occupant of such dam for the location and construction of the fishway, such owner or occupant may appeal to the county com- missioners of the county where the dam is located, within twenty days after notice of the determination, from the commissioners of inland fisheries and game by giving to the latter named commissioners notice in writ- ing of such appeal within that time, stating therein the reasons therefor; and at the request of the appellant or the commissioners of inland fisheries and game the senior commissioners in office of any two adjoining counties shall be associated with them, who shall appoint a time to view the premises and hear the parties and give due notice thereof, and after such hearing they shall decide the question submitted, and cause record to be made thereof, and their decision shall be final as to the plan and location appealed from. If the require- ments of the commissioners of inland fisheries and game are affirmed, the appellants shall be liable for the costs arising after the appeal, otherwise they shall be paid by 39 the count3^ If a fishway thus required is not completed to the satisfaction of the commissioners of inland fish- eries 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 a fishway to the satisfaction of the com- missioners of inland fisheries and game, or at any sub- sequent 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 occu- pant of the dam. The commissioners of inland fish- eries and game may change the time as they see fit. Unless otherwise provided, fishways shall be kept open and unobstructed from the first day of May to the fifteenth day of July. The penalty for neglecting to comply with this section, or with any regulations made in accordance herewith, is not less than twenty nor more than one hundred dollars for every day of such neglect. "Sec. 42. Whenever the commissioners of inland fisheries and game find a fishway out of repair or need- ing alterations, they may, as in the case of new fish- ways, require the owner or occupant to make such repairs or alterations ; and all proceedings in such cases and the penalty for neglect shall be as provided in the preceding sections, without appeal. If the dam is owned and occupied by more than one person, each is liable for the cost of erecting and maintaining such fishway, in proportion to his interest in the dam, and if any owner or occupant neglects or refuses to join with the others in erecting or maintaining such fishway, the other owners or occupants shall erect or repair the same, and have an action on the case against such delin- quent for his share of the expenses. If the owner or occupant of such dam resides out of the State, said pen- alties may be recovered by a libel against the dam and lanrf on which it stands, filed in the supreme judicial 40 court in the county where it is located, in the name of the commissioners of inland fisheries and game or of any fish wardens who shall give to such owner or occu- pant, and all persons interested therein, such notice as the court or any justice thereof in vacation, orders, and the court may render judgment therein, against said dam and lands for said penalties and costs, and order a sale thereof to satisfy such judgment and costs of sale, subject, 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 fish warden or other lawful officer of fisheries any of the powers given to said commissioners in relaton to the construction of fishways." ARTIFICIAL CULTURE OF FISH BY PRIVATE PERSONS. "Sec. 46. Any riparian proprietor may, within the limits of his own premises, inclose the waters of a stream not navigable, for the cultivation of useful fishes ; provided that he furnishes suitable passages for migratory fishes naturally frequenting such waters, and does not obstruct the passage of boats and other craft and materials, in places where the same have a right to pass. Any person legally engaged in the artificial cul- ture and maintenance of fishes, may take them in his own enclosed waters wherein the same are so culti- vated and maintained, as and when he pleases, and may at all times sell them for cultivation and propagation; but he shall not sell them for food at seasons when the taking thereof is prohibited, under a penalty of not less than ten nor more than one hundred dollars, and a fur- ther penalty of not less than one dollar for each fish so sold. Any person engaged in the artificial propaga- tion of trout, or fresh and salt water salmon, when the parent fish are taken from public waters in the state, shall retain not less than twenty-five per cent of all eggs taken from said parent fish, and shall cause the same to 41 be properly cared for and hatched, and, when hatched and in proper condition, to be returned to a place suit- able for such young fish in the original waters from which the parent fish were taken, and shall cause said parent fish to be returned to safe locations in such waters, under a penalty of not less than fifty nor more than five hundred dollars for each offense. But this section does not apply to cases in which the parent fish are taken in the manner and at the time and place permitted for the capture of such fish for food ; nor to operations in fish culture conducted for public purposes by permission of the commissioners of fisheries, who may affix such conditions to their permits as they see fit, requiring in no case, however, less than twenty-five per cent, of the young fish to be returned, as provided in this section. "Sec. 47, No person without permission of the pro- prietor, shall fish in that portion of a pond or other water in which fish are artificially cultivated or main- tained by written permisson of the fish commssioners, under a penalty of not less than ten nor more than one hundred dollars, besides two dollars for each fish so taken or killed ; and, in default of payment, such oflFender shall be imprisoned at the expense of the prose- cutor, until said forfeiture is paid or otherwise dis- charged by due process of law. (See Ch. 87, P. L. 1905 below.) "Sec. 43. The following waters and their tributaries are exempt from the provisions relating to migratory fishes and the supervision of the fishways by the com- missioners; that is to say, Royall river in North Yar- mouth, Sewall's pond or its outlet in Arrowsic, so much of the waters of the Damariscotta river as are west of the railroad bridge near Damariscotta mills, all waters in Vinalhaven, Tremont, Mount Desert, Eden, Frank- lin, and Sullivan, Pleasant river in Washington county. East Machias river, and the Eastern Penobscot river in Orland. Uttle river in Perry shall be exempt from 42 all the foregoing provisions that relate to maintaining fishways in said river, except during April, May and June. "Sec. 44. For the purposes of this chapter, the term 'salmon' means the common migratory salmon of the sea coast and rivers ; the term 'landlocked salmon' means any of the species or varieties of salmon that do not periodically and habitually run to the sea, being the same locally known as 'salmon trout' and 'black spotted trout;' the term 'alewife' means the small species of migratory fish called 'alewife' but known also by the local names of 'herring' and 'gaspereau,' and also includes the similar species found in tidal waters and known as 'blue-backs ;' and the term 'bass' means the striped bass of tidal waters. "Sec. 45. The provisions of this chapter so far as they relate to fish apply to the taking of the same in all fresh waters above the flow of the tide and in all tidal waters frequented by the various species of fresh water and migratory fishes, except to the capture of shad and alewives in Dennys' river and its tributaries, Pemma- quam riyer and its tributaries, and the Schoodic lakes and their tributaries, and to the taking of white fish in the Schoodic lakes on the St. Croix river and their tributa- ries, by citizens of the State with set nets, during the months of May and November, and conveying them to their own homes, but not otherwise. This chapter does not apply to fish taken in the weirs on St. Croix river, and does not repeal the laws relating to the St. Croix, Den- ny's, Pemmaquam, Cobscook, East Machias, and Nar- raguagus rivers." P. L, 1905, Ch. 87. Section i. It shall be lawful hereafter for riparian proprietors legally engaged in the artificial culture and maintenance of trout, on their own land and in their own enclosed waters, acting under the direction and written permission of the commissoners of inlancl fisheries and game, fo ship, transport or carry 43 trout taken from their own ponds, without accompany- ing the shipment in person and without the payment of a license fee for each shipment. Provided, however, that nothing in this act shall be construed to allow the shipment of trout, at a season when the catching of trout is prohibited by the laws of the State of Maine. SAWDUST CANNOT BE THROWN INTO CERTAIN WATERS. The throwing of sawdust and other mill waste is prohibited in the following waters : Into any of the streams, rivers or brooks lying wholly or partly in Naples, Casco and Raymond, Cumberland county; into any of the tributaries of any of the lakes or ponds lying wholly or partly in the towns of Vienna and Mt. Vernon ; or into McGraw, Ellis, East, North, Great, Long, Little or Snow ponds, or any of their tribu- taries, in Kennebec and Somerset counties ; or into Half Moon or Sandy stream, or any of the tributaries to Unity pond, in the county of Waldo, or into the tribu- taries of Seven Tree pond, or into the St. Georges river, in Montville and Searsmont, or into the tributaries of Crawford pond, in Union and Warren, or into Ellis stream in Waldo, Brooks and Belfast, or into Norton, Brown or Heath Brooks or their tributaries in Shap- leigli and Limerick, or into Heath Brook in Acton, or any of its tributaries or into Ellis river; or into the Aroos- took river or any of its tributaries above the mouth of Beaver Brook, or into the tributaries of Upper Kezar pond Oxford county, or into Little Ossipee river with- in the limits of the towns of Shapleigh, Newfield, Waterboro, Limerick and Limington, in York county, or into Little Madawaska river and its tributaries, or into Break-Neck Brook or any of its tributaries, or into Fish river, or any of its tributaries down as far as the foot of Eagle lake, except Sly Brook, so called, and Wallagrass river for a distance of three miles from its mouth. 44 (See sections 5, 6 and 7, of chapter 407 of the Private and Special Laws of 1903, also chapters 379, Zl^i 350> 339j 334> 213, and 96 of the Private and Special Laws of 1905, for the full text of these laws.) THE LAWS RELATING TO MOOSE, CARIBOU, DEER, AND OTHER PROTECTED WILD GAME,— ALSO THE LAWS RELATING TO THE PROTECTION OF GAME BIRDS. CARIBOU. Section 18, as amended by section i of chapter 132, public laws of 1905. "No person shall, within six years from October 15, 1905, in any manner hunt, chase, catch, kill or have in possession any caribou or parts thereof." Penalty the same as for the illegal killing of moose. MOOSE. Section 16, as amended by section 6, chapter 132, P. L., 1905. "No person shall at any time hunt, catch, kill, destroy or have in possession any cow or calf moose; and the term 'calf moose,' as herein used, shall be construed to mean that these animals are calves until they are at least one year old, and have at least two prongs or tines not less than three inches long to each of their horns. No person shall, between the first day of December and the fifteenth day of October, hunt, take, catch, or kill or have in possession any bull moose or part thereof, and no person shall, between October fifteenth and December first, take, catch, kill, or have in possession more than one bull moose or part thereof." DEER. Section 17, as amended by section 4, chapter 132, P. L., 1905. 45 "No person shall, except as hereinbefore provided, hunt, take catch, kill or have in possession for any purpose whenever or wherever taken, caught or killed, any deer, or part thereof, between December fifteenth and October first next following; no person shall between October first and December fifteenth next following, except as hereinafter provided, take, catch, kill or have in possession for any purpose whenever or wherever taken, caught or killed, more than two deer or parts thereof; a person lawfully kill- ing a deer in open season shall have a reasonable time in which to transport the same to his home and may have the same in possession at his home in close season. Provided, however, that if a deer is found doing actual, substantial damage to any growing cultivated crops, the cultivator of growing cultivated crops may kill the same, and may consume the same in his own family but not otherwise, but he shall not pursue the same beyond the limits of his cultivated land in which the damage is being done. Provided, however, that whoever kills a deer in accordance with the provisions herein contained shall forthwith give notice in writing to the commissioners of inland fisheries and game, at Augusta, Maine, of the fact of such killing and the character and estimated amount of damage done. Whoever fails to give such notice shall in no wise be protected by the provisions hereof. And provided, further, that whoever shall cultivate any crops for the manifest purpose of killing deer under the provisions of this act shall in no wise be protected thereby; and provided, further, that it shall be unlawful to place any salt in any place for the purpose of enticing deer thereto, under a penalty of one hun- dred dollars and costs; and provided, further, that whoever shoots any deer in accordance with the pro- visions herein contained shall not be entitled to receive any compensation for any damage done his crops by deer." Section 19, as amended by section 2, Chapter 132, P. L., 1905. "Whoever violates any provision of section sixteen of this chapter, shall be punished by a fine of not exceed- ing five hundred dollars, or by imprisonment not exceed- ing four months; whoever violates any provision of section seventeen of this chapter, shall be punished by a fine of forty dollars and costs for each deer taken, caught, killed or had in possession in violation of the provisions of section seventeen of said chapter ; whoever violates any provision of section eighteen of this chapter relating to deer, shall be punished by a fine of forty dollars and costs; and whoever violates any provision of section eighteen of this chapter relating to moose or caribou, shall be punished by a fine of not exceeding five hundred dollars, or by imprisonment not exceeding four months. The provisions of section sixty-one of chapter forty-one of the Revised Statutes, relating to the powers of the commissioner of sea and shore fish- eries, are hereby extended to the commissioners of inland fisheries and game." USE OF DOGS, JACK LIGHTS, ARTIFICIAL LIGHTS, SNARES OR TRAPS PROHIBITED IN HUNTING DEER, MOOSE OR CARIBOU. Sec. 18. "No person shall at any time, hunt, catch, take, kill, or destroy, with dogs, jack lights, artificial lights, snares, or traps, any moose, deer or caribou." Sec. 21. "Any person may, at any time, lawfully kill any dog which hunts or chases a moose, caribou or deer, or any dog kept or used for that purpose. Any person owning or having in his possession any dog for the purpose of hunting or chasing moose, caribou or deer, or who permits any dog owned by him or in his possession to hunt or chase moose, caribou or deer, after notice that such dog has chased moose, caribou or deer, shall be punished by a fine of one hundred dollars and costs of prosecution for each offense." 47 (Note.) The question often arises, is a person liable whose dog, of his own volition, leaves the house of his master and chases deer? Anybody can lawfully kill the dog. under these circumstances. The owner or keeper would not be liable if he knew nothing about it, but if he was informed that his dog was in the habit of chasing this game, and does not confine him, and the dog, after his owner has this knowledge, again chases game, he would be liable. Owners of dogs should keep them within their immediate control, at their peril, the same as he does his horses, his cattle and his hogs. Dogs are not domestic animals. State v. Har- riman, 75 Me., 562. One cannot be convicted for steal- ing under R. S., ch. I2T, sec. i. State vs. Harriman, 75 Me., 562. Sections 12 and 13, as am. by ch. 75, P. L., 1905. "There shall be a close time on wild hares or rabbits in which it shall be unlawful to hynt, catch or pursue them, or have them in possession, during the months of April, May, June, July and August of each year, under a penalty of ten dollars and costs for each offense. It shall be unlawful to use any snares, traps or other device in the hunting, pursuing or killing of the com- mon wild hares or rabbits, or to hunt or kill the same except in the ordinary method of shooting with guns in the usual manner. This section shall not apply to Hancock county; and in Oxford, Penobscot and Piscataquis counties it may and shall be lawful to catch wild hares or rabbits in box traps." PROTECTION OF SQUIRRELS AND CHIP- MUNKS IN THE COUNTY OF KNOX, AND IN FRYEBURG, OXFORD COUNTY. Chapter 397 of the private and special laws of 1903, provides that, "Sec. I. Whoever, within the limits of the county of Kno'^- ^ills or has in his possession, except alive, any 48 gray squirrel, red squirrel or chipmunk, forfeits five dollars for each of said animals so killed or had in possession, to be recovered on complaint." Ch. 158, P. & S. L. 1905. "It shall be unlawful to hunt or kill at any time, gray squirrels upon the following described land or terri- tory, under a penalty of ten dollars for each offense : On any lands lying east, north or northeast of the Saco or Lower Kezar rivers, and 100 rods distant there- from, from the gulf, so sailed, near Toll Bridgo'. so called, to the outlet of Lower Kezar pond, in 0^fold county." PROTECTION OF DEER IN CERTAIN COUN- TIES. Ch. 384, P. & S. L., 1905. Open season on deer in York, Cumberland, Sagadahoc, Lincoln, Knox, Waldo and Kennebec counties, during November of each year, and only one deer can be killed in either of these coun- ties during the open season in each year. These provi- sions, however, do not apply to the towns of York, Kittery, Eliot and Wells in York county, or to Bath, West Bath and Phippsburg, in Sagadahoc county, in which towns and cities it is unlawful to hunt or kill any deer at any time. Ch. SS3, P. & S. L., 1905. Close time on deer in town of Swan's Island, Hancock county until December 15, 1908. Ch. 332, P. & S. L., 1905, which amends ch. 257 of P. & S. L., 1903. Open season on deer in the towns of Eden, Mt. Desert, Tremont and Southwest Harbor from November 15th to December 15th of each year. Sec. 9, ch. 407, P. & S. L., 1903. Close season on deer on islands within limits of the town of Isle au Haut until October i, IQ07. Sec. 9, ch. 407, P. & S. L., 1903. Open time on deer in Androscoggin county during October of each year. 4C Penalty for violation of above laws is the same as is provided in the general law for the illegal hunting and killing of deer. SUNDAY IS A CLOSE TIME. Sec. 21. "Sunday is a close time, on which it is not lawful to hunt, kill, or destroy game or birds of any kind, under the penalties imposed therefor during other close time, but the penalties already imposed for the violation of the Sunday laws by the statutes of this state are not hereby repealed or diminished." (Note.) Sunday is not a close time on fishing, in the same sense as on hunting. The only law to prevent fishing on Sunday, during the open season, is the old Sunday law, so called, and is as follows : "Whoever on the Lord's day keeps open his shop * * * or place of business * * * travels or does any work, labor or business on that day, except works of necessity or charity; uses any sport, game or recreation * * * shall be punished by a fine of not exceeding $io." Section 25 of chapter 123 of the Revised Statutes. This statute also provides (Sec. 28) "that a person conscientiously believing that the seventh day of the week ought to be observed as the Sabbath, and actually keeps Saturday as Sunday, is not liable to the above penalty if he does not disturb others by his work." But this will not give him the right to hunt game or birds or fish on Sunday, though he refrain from doing it on Saturday. MINK, SABLE, MUSKRAT, FISHER AND BEAVER. Sec. II. "Whoever between May first and October 15th, destroys any mink, sable, musicrav, or fishe**, forfeits ten dollars for each animal so destroyed; how- ever, it shall be lawful to kill muskrats in Lily pond in the towns of Rockport and Camden and also such 50 muskrats as interfere at any time with the op«*r;ition and maintenance of any canal, d^.Uh, lawful dam, or cranberry bog." Ch. 199, P. & S. L., 1905. "No person shall in any manner hunt, take, catch or kill any muskrat in the towns of Hartland, Harmony, Athens and Palmyra, Somerset county, for three years from April i, 1905. Whoever violates any of the provisions of this act shall be subject to the same penalty as is provided in the general law of the State for the illegal killing of muskrats." Sec. II. "Whoever at any time kills or destroys any beaver, except upon written permission of the commis- sioners of inland fisheries and game, shall be fined one hundred dollars and costs and twenty-five dollars addi- tional for each beaver killed or destroyed." Ch. 22, P. L., 1905. "Provided, however, that the commissioners of inland fisheries and game, upon com- plaint of any land owner that beaver are doing actual, substantial damage to his property, shall have authority to take, catch, kill and dispose of, for the benefit of the fund for the protection of game in this State, such numbers of beaver as may be necessary to prevent the destruction of property." BOUNTY ON WOLVES. Sec. 14. "A bounty of five dollars, for every wolf killed in any town in the state, shall be paid by the treasuier thereof to the person killing it " BOUNTY ON BEARS IN OXFORD AND FRANKLIN COUNTIES. Chapter 233 of the public laws of 1903, ch. 160, P. L., 1905. "A bounty of five dollars for every bear killed in Oxford or Franklin counties by any bona .IJe resi- dent of this state, may be paid by the state trea--.urer.'' SI KoK-kESlDENTS MUST EMPLOY GUIDES. GUIDES MUST NOT GUIDE MORE THAN FIVE NON-RESIDENTS AT ONE TIME. Sec. 20, ch. 32, R. S. as am. by sec. 3, ch. 132 P. L., 1905. "Non-residents of the State shall not enter upon the wild lands of the State and camp or kindle fires thereon while engaged in hunting or fishing, without being in charge of a registered guide, during the months of May, June, July, August, September, October and November, and no registered guide shall, at the same time, guide, or be employed by, more than five non- residents in hunting. Any such non-resident w4io shall enter upon the wild lands in the State and camps or kindles fires thereon, while engaged in hunting or fishing without being in charge of a registered guide, during the months of May, June, July, August, September, October and No- vember, in violation of the provisions herein contained, or any guide who shall guide at the same time, or be employed by, at the same time, more than five non- residents in hunting, shall be fined $40 and costs for each offense and be subject to imprisonment for thirty days." BEWARE OF SHOOTING BEFORE YOU KNOW WHAT YOU ARE SHOOTING AT. Sections 3 and 4 of chapter 119 of the revised statutes provides that, "Section 3. Whoever, while on a hunting trip, or in the pursuit of wild game or game birds, negligently or carelessly shoots and wounds, or kills any human being, shall be punished by imprisonment not exceeding ten years, or by fine not exceeding one thousand dollars. "Section 4. County attorneys and sheriffs, in their respective counties, shall promptly investigate any alleged violations of the preceding section, and prose- cute every person accused thereof; for failure so to investigate and prosecute, each of said officers ihall be punisiied by fine not exceeding one thousand dollars, and .ihall be removed from office. GAME BIRDS AND THEIR PROTECTION. Sec. 7, ch. 32, R. S. as am. by ch. 81, P. L., 1905. 'mere shall be for game birds an annual close time in which it shall be unlav^ful to hunt, chase, catch, kill or have them in possession whenever or however killed, as follows : For wood duck, dusky duck, commonly called black duck, teal, and any and all ducks known as gadwall or gray duck, mallard, widgeon or baldpate, shoveler, pin- tail or sprigtail, redhead, scaup duck or greater blue- bill, lesser scaup duck or lesser blue-bill, golden eye or whistler, buffle head, ruddy duck or broad bill, from the tirst day of December to the first day of the following September of each year; for ruffed grouse, commonly called partridge and woodcock, from the first day of December to September 15th next following of each year; for plover, snipe and san(Jpipers, from the first day of May to the first day of August of each year; and it shall be unlawful to hunt, chase, catch, kill or have in possession at any time any quail. Whoever violates any of the above named provisions of this sec- tion shall be subject to a penalty of not less than five dollars nor more than ten dollars and costs for each bird so killed, caught, chased or had in possession in close time. "No person shall, in any one day, kill or have in pos- session more than fifteen of each variety of the above named birds, except sandpipers, the number of which shall not exceed seventy in any one day, during the respective open season for each; nor shall any person at any time kill or have in possession any ruffed grouse, commonly called partridge, woodcock, wood- duck, dusky duck, commonly called black duck, teal, and any and all ducks known as gadwall or gray duck, mal- lard, widgeon or baldpate, shoveler, pintail or sprigtail, redhead, scaup duck or greater blue-bill, lesser scaup duck or lesser blue-bill, golden eye or whistler, buffle head, ruddy duck or broad bill, except for his own con- sumption within this state, except as hereinafter pro- vided, under a penalty of five dollars and costs for each bird so unlawfully killed or had in possession; nor shall any person at any time sell or offer for sale, any ruffed grouse, commonly called partridge, woodcock, wood duck, dusky duck, commonly called black duck, teal, and any and all ducks known as gadwall or gray duck, mallard, widgeon or baldpate, shoveler, pintail or sprigtail, redhead, scaup duck or greater blue-bill, lesser scaup duck or lesser blue-bill, golden eye or whistler, buffle head, ruddy duck or broad bill within the state under the same penalty; nor shall any person or cor- poration carry or transport from place to place any of the birds mentioned in this section, in close time, nor in open season unless open to view, tagged and plainly labeled with the owner's name and residence and accompanied by him, unless tagged in accordance with section twenty eight of this chapter, under the same penalty. ''Any person, not the actual owner of such bird or birds, who, to aid another in transportation, falsely represents himself to be the owner thereof, shall be liable to the same penalty; nor shall any person or cor- poration carry or transport at any one time more than fifteen of any one variety of the birds above mentioned as the property of one person, under the same penalty. "No person shall kill, catch, hunt, destroy or have in possession any kind of wild duck upon the shores, islands or waters of Merrymeeting bay, Eastern river, or the Kennebec river below the Gardiner and Randolph bridge between the first day of December and the first day of the following September." 54 PJ^OTECTtON OF BIRDS OTHER THAN GAME. BIRDS. Sec. 8 as am. by sec. 12, ch. 132, P. L., 1905. "No person shall, within the state, kill or catch or have in his or her possession, living or dead, any wild bird, other than a game bird, nor purchase, offer or expose for sale, any such wild bird after it has been killed or caught. No part of the plumage, skin or body of any bird protected by this section shall be sold or had in possession for sale. Nor shall any per- son take or needlessly destroy the nest or the eggs of any wild bird, nor have such nest or eggs in possession. The English, or European house sparrow, the common crow and the hawks and owls, mudhens, so called, kingfishers, and blue herons, so called, are not included among the birds herein protected ; and for the purposes of this act, the following only shall be considered game birds : the anatidas, commonly known as swans, geese, brant, and river and sea ducks ; the rallidae, commonly known as rails, coots, and gallinules ; the limicolse, commonly known as shore birds, plovers, surf birds, snipe, woodcock, sandpipers, tatlers and curlews ; the gallinae, commonly known as wild turkeys, grouse, prairie chick- ens, pheasants, partridges and quails. Nothing in this section, however, shall be construed to affect in any way the protection of game birds, as provided in sections 7 and 9. Any person who violates any of the provisions of this section shall be fined five dollars for each offence, and an additional five dollars for each bird, living or dead, or part of bird, or nest or eggs possessed in vio- lation of this section or imprisoned for ten da3'^s." Sec. 12, ch. 132, P. L., 1905. "It shall be unlawful to kill an eagle or vulture at any time under a penalty of ten dollars and costs for each offense." (Note. — It will be seen that the only birds, other than game birds, not protected are crows, hawks, owls, English sparrows, mudhens, kingfishers, and blue herons.) 55 DOVES. It is held in all the authorities that doves are ferse naturae, and as such are not subject of larceny, except when in the care and custody of the owner; as when in a dovecote or pigeon house, or when in the nest, before they are able to fly. If, when thus under the care of the owner, they are taken furtively, it is larceny, 9 Pickering, 15, 89 Me. 86. Perhaps when feeding on the grounds of the proprie- tor, or resting on his barn, or other buildings, if killed by a stranger, the owner may have trespass, and if the purpose be to consume them as food, and they are killed or caught or carried away from the inclosure of the owner the act would be larceny. 89 Me. 87. USE OF TRAPS, NETS, SNARES. AND ALL OTHER METHODS, EXCEPT THE USUAL METHOD OF SPORTING WITH FIREARMS, ILLEGAL IN TAKING GAME BIRDS: ALSO HAVING FIREARMS IN POSSESSION IN THE NIGHT IN THE VICINITY OF THE DUCK GROUNDS IN MERRYMEETING BAY. Sec. 9. "It is unlawful to take any wild duck, of any variety, quail, ruffed grouse, or partridge, woodcock, or any bird, except by the usual method of sporting with firearms. Penalty $5.00 for each bird. It is unlawful to kill in any manner any wild duck of any variety on the Kennebec river or on the shores thereof, south of Gardiner and Randolph bridge, or on Merrymeeting bay, or the shores thereof, between sunset and daylight of the following morning; it is unlawful to hunt, kill, or destroy any wild duck, at any time, with the aid of jack lights, or any artificial light. Penalty $50.00. Having firearms in possession in the vicinity of the duck grounds in Merrymeeting bay, or on the Kenne- bec river south of the Randolph and Gardiner bridge, in the night time, is prima facie evidence that the person having them is hunting ducks contrary to law." 56 USE OF STEAM LAUNCHES PROHIBITED IN TAKING DUCKS IN LOWER KEZAR POND, A PORTION OF UPPER KEZAR POND, AND A PORTION OF UPPER KEAZER POND, AND IN FRENCHMAN'S BAY, MERRYMEETING BAY, EASTERN RIVER, AND KENNEBEC RIVER BELOW GARDINER AND RANDOLPH BRIDGE. Sec. 8, ch. 407, P. & S. L., 1903, as am. by ch. 76 and 242, P. & S. L., 1905. "It shall be unlawful for any person at any time to use boats or launches of any kind propelled by steam, naphtha, gasoline, or elec- tricity, or any other mode than the ordinary sail boat or row boat, in chasing, hunting, or gunning any sea birds, duck or water fowl in any of the waters of Frenchman's bay, so called, on the coast of Maine, or in the waters of lower Kezar pond, in the county of Oxford, under a penalty of not less than twenty-five dollars nor more than one hundred dollars and costs of prosecution for each offense. "For the purposes of this act Frenchman's bay is defined and bounded as follows: "On the north by the towns of Hancock and Sullivan ; on the east by the towns of Gouldsboro and Winter Harbor; on the south by Mt. Desert island and a straight line from Schoodic point, so called, to Great Head, so called ; on the west by Thompson's toll bridge." It shall also be unlawful to hunt ducks as above indi- cated in any of the waters of Upper Kezar pond, situ- ated in the towns of Stow and Lovell, Oxford county, below Narrows Bridge, so called, or in Kennebec river below Gardiner and Randolph Bridge, or in East- em river, or in Merrymeeting Bay, under the same penalty. SHALL NOT GIVE AWAY GAME OR BIRDS. Sec, 27. "No resident of this state shall sell or give 57 away any moose or deer or part thereof, or any game birds, to be transported or carried beyond the limits of this state, under a penalty of one hundred dollars for each moose, deer, or part thereof, and one dollar for every game bird so sold or given away; and any person who shall buy any of the above named animals or birds or parts thereof, to so transport them, or who shall transport them after buying the same, or receiving the same as a gift, shall be subject to the same penalty." TRANSPORTATION. "Sec. 25. No person or corporation shall carry or transport from place to place any moose, or deer, or part thereof, in close time, nor in open time unless open to view, tagged, and plainly labeled with the name and residence of the owner thereof, and accompanied by him, under a penalty of forty dollars and costs for each moose or deer so transported or carried; and any person not the actual owner of such game or parts thereof, who, to aid another in such transporta- tion, falsely represents himself to be the owner thereof, shall be liable to the penalties aforesaid ; and it shall be prima facie evidence that said game, that is being trans- ported or carried in violation of this section, was ille- gally killed ; but nothing herein shall apply to the trans- portation of moose, or deer by any person or corpo- ration, when such game is lawfully tagged in accord- ance with the provisions of section 28 of this chapter. Whoever lawfully kills a bull moose shall, while the same, or any part thereof, is being transported, preserve and transport it, with the evidence on the moose of the sex of the same. Whoever fails to comply with the provisions of this section shall forfeit to the state the moose or part thereof being transported, and pay a fine of three hundred dollars and costs. "Sec. 26. All birds, fish and game, hunted, caught, killed, destroyed, bought, carried, transported, or found 58 in possession of any person or corporation, in violation of the provisions of this chapter, shall be liable to seiz- ure; and in case of conviction for such violation, such game shall be forfeited to the state, to be sold for con- sumption in this state only. Any person whose game or fish has been siezed for violation of any game or fish law, shall have it returned to him on giving to the officer a bond with sufficient sureties, residents of the state, in double the amount of the fine for such violation, on con- dition that, if convicted of such violation, he will, within thirty days thereafter, pay such fine and costs. If he neglects or refuses to give such bond and take the game or fish so seized, he shall have no action against the officer for such seizure, or for the loss of the game or fish seized." (Note. — See method of transporting by licensed hunters.) MAY TRANSPORT MOOSE, DEER, BIRDS AND FISH ON PAYMENT OF A FEE. Sec. 28. Any resident of Maine who has lawfully killed a moose or a deer, or any person who has law- fully in his possession one trout, one togue, one land- locked salmon, or one white perch, or ten pounds of either kind of these fish, or one pair of game birds, may send the same to his home or to any hospital in the state, without accompanying the same, by purchasing of the duly constituted agent therefor a tag, paying for a moose five dollars, for a deer two dollars, for a trout, togue, or land-locked salmon, one dollar for each, or one dollar for each ten pounds of the same, and fifty cents for one white perch or ten pounds of the same, and fifty cents for a pair of game birds. The commissioners of inland fisheries and game may appoint agents in con- venient localities who may sell these tags, under such rules and regulations as the commissioners may adopt." (See non-resident license law.) (Note.) A person who has lawfully killed a bull 59 moose, of a deer, may sell them, but not to be tratis- ported out of the state. He may take them to his home wherever he lives, by going with them, and having them properly tagged, or he may buy a license and ship them to his home in this state without going with them. A resident may take two deer that he has killed out of the state (or a bull moose upon payment of a license fee of $5.0Q-Sec. 9, Ch. 132, P. L., 1905), or he may cut them up and peddle them out, without a license. One who lawfully obtains the ownership of game in open lime is not criminally liable for havmg the same in possession in close time afterwards. 88 Me. 385; 76-80; 82-173; 75-289. But having it thus in possession is evidence of its illegal capture. 88 Me. 385) WARDENS, THEIR APPOINTMENT AND DUITES. Sec. 49. "The governor, with the advice and consent of the council, upon the recommendation of the com- missioners of inland fisheries and game, may appoint suitable persons as fish and game wardens, who shall hold office for a term of three years unless sooner removed, and who shall enforce all laws rclatmg to inland game and fisheries, and all rules and regulations in relation thereto, arrest all violators thereof, and prosecute all offenses against the same; said wardens shall have the same power to serve criminal processes a<-ainst such offenders, and shall be allowed the same fees, as sheriffs, for like services, and they shall have the same right as sheriffs to require aid in executmg the duties of their office. They shall, before being qualified to discharge the duties required by this act, give bond to the treasurer of the state with two good and sufficient sureties in the penal sum of two thousand dollars approved by the commissioners of inland fisheries and game, conditioned for the faithful performance of the duties of their off.ce. Inland fish and game wardens may serve all processes pertaining to the collection of penalties for violation of the inland fish and game iaw.^; lish wardens may be appointed inland fish and game wardens and need not give additional bond." Sec. 51. "i)heriffs, deputy sheriffs, police officers and constables, are vested with the powers of inland fish and game wardens and their deputies, and shall receive for their services the same fees." DEPUTY WARDENS. Sec. 50. The commissioners of inland fisheries and game may appoint deputy wardens for whose official misconduct and neglect they shall be responsible and may revoke such appointments at any time. The appointment and discharge of such deputy wardens shall be in writing, and they shall have the same powers and be subject to the same laws, as wardens appointed by the governor and council. FISH AND GAME WARDENS, FIRE WARDENS. Chapter 108 of the public laws of 1891 provides that, "Fish and game wardens are hereby made state fire wardens, and it shall be their duty while in and about the woods, to caution all sportsmen of the danger from fires in the woods, and to extinguish all fires left burn- ing by anyone, if within their power ; and to give notice to any and all parties interested when possible, of fires raging and beyond their control, to the end that the same may be controlled and extinguished." PENALTY FOR FALSELY ASSUMING TO BE A WARDEN OR COMMISSIONER. Sec. 24, Ch. 123, R. S. "Whoever falsely assumes to be a justice of the peace, sheriff, deputy sheriff, coroner, or constable, or inland fish and game warden, or a commissioner of inland fisheries and game, and to act as such, or to require any one to aid him in a matter pertaining to the duty of such office, shall be punished by imprisonment for not less than one year, or by fine not exceeding four hundred dollars." SEARCH AND SEIZURE OF GAME. Sec. 52, as am. by Ch. 141, P. L., 1905. "The commissioners and every warden throughout the state shall enforce the provisions of this chapter, and shall seize any game, fish or game birds taken or held in violation of this chapter; and every such officer may arrest, with or without a warrant, any person whom he has reason to believe guilty of a violation thereof, and with or without a warrant, may open, enter and examine all buildings, camps, vessels, boats, wagons, cars, stages, tents, and other receptacles and places, and examine all boxes, barrels and packages where he has reason to believe that game, fish or game birds taken or held in violation of this chapter are to be found, and seize such game, fish or game birds if any be found therein, but no dwelling-house shall be searched for the above purposes without a warrant and then only in the day time, and no sealed railroad car shall be entered for the above purposes without such warrant. Any magistrate may issue warrants to search, within his jurisdiction, any dwelling-house, in the day time, or any other place at any time, for the purposes above set forth, to any commissioner of inland fisheries and game or any warden, sheriff or any of his deputies ; such warrant shall be issued subject to the requirments of section thirteen of chapter one hundred and thirty-three of the revised statutes; provided, however, that the commis- sioners shall, on or before October first of each year, in writing, notify the superintendents of all transporta- tion companies doing business within the state of the names of the wardens by them designated to exercise the right of search as herein provided, which number shall not exceed four for any one transportation com- Ba t>^h^, and no others shall, except those so designated, hil authorized to exercise the powers herein mentioned as to search." PENALTIES— HOW RECOVERED. Sec. S3. "Any officer authorized to enforce the inland fish and game laws may recover the penalties for the violation thereof in an action on the case in his own name, the venue to be as in other civil actions, or by complaint or indictment in the name of the state; and such prosecution may be commenced in the county in which the offense was committed, or in any adjoining county, and the plaintiff prevailing shall recover full costs without regard to the amount recovered." OFFICERS MAY ARREST WITHOUT WARRANT. Sec. 54. "Any officer authorized to enforce the inland fish and game laws may, without process, arrest any violator of any of said laws, and shall with reasonable diligence, cause him to be taken before any trial justice or any municipal or police court, in the county where the offense was committed, or in any adjoining county, for a warrant and trial. Juisdiction in such cases is hereby granted to all trial justices and all other courts to be exercised in the same manner as if the offense had been committed in that county; and any officer who shall maliciously, or without probable cause, abuse his power in such proceedings shall be liable upon com- paint or indictment, to a fine not exceeding one hun- dred dollars, or imprisonment not exceeding three months." JURISDICTION OF COURTS. Sec. 55. "In all prosecutions under this chapter, municipal and police judges and trial justices within ^3 their counties have, upon complaint, original and con- current jurisdiction with the supreme judicial and superior courts." DISPOSITION OF FINES AND PENALTIES. Sec. 56. "Any officer or other person who shall receive any fine or penalty, or any part thereof, for the violation of any fish or game law, and shall neglect for more than thirty days to pay the same into the state treasury, shall be punished by a fine of not less than fifty, nor more than one hundred dollars; all fines and penalties recovered, or money paid, under any of the provisions of this chapter, shall be paid forthwith to the treasurer of the state, after deducting legal taxable costs ; and such money so received by said treasurer shall be expended by the commissioners of inland fisheries and game for the protection of the fish and game of the state." SERVICE ON CORPORATIONS HOW MADE. Sec. 57. "In case of a violation of any of the pro- visions of this chapter by a corporation, the warrant of arrest may be served by an attested copy on the president, secretary, manager or any general agent thereof in the county where the action is pending, and upon return of such warrant so served, the cor- poration shall be deemed in court and subject to the jurisdiction thereof, and any fine imposed may be col- lected by execution against the property of such cor- poration ; but this section shall not be deemed to exempt any agent or employe from prosecution." PENALTY FOR DISHONEST LICENSEE. Sec. 58. "If the holder of any license, certificate, or permit, issued in conformity with any of the provisions of this chapter^ shall persistently or flagrantly and 64 knowingly violate or countenance the violation of any of the provisions of this chapter, such license certificate or permit may be revoked by the commissioners, after due notice given of the alleged violation, and an oppor- tunity afforded to appear and show cause against the same." DUTY OF COUNTY ATTORNEYS, ETC. Sec. 59. "Each county attoney shall prosecute all violations of this chapter occuring within his county, when such cases may come to his knowledge, or when he may be so requested by the commissioners or any officer charged with its enforcement, the same at all times to be subject to the supervision and control of the commissioners." PARTICIPANTS IN VIOLATION OF GAME LAWS COMPELLED TO TESTIFY. "Sec. 59. In any prosecution under this chapter, any participant in a violation thereof, when so requested by the county attorney, commissioners, or other officer instituting the prosecution, may be compelled to testify as a witness against any oth^r person charged with violating the same, but his evidence so given shall not be used against himself in any prosecution for such violation." DUTY OF JUSTICES OF THE PEACE AND CLERKS OF COURTS. "Sec. 59. Every magistrate or the clerk of the court before whom any prosecution under this chapter is commenced, or shall go on appeal, within twenty days after the trial or dismissal thereof shall report in writing the result thereof and the amount of fines collected, if any, and the disposition thereof to the commissioners, at Augusta." 65 DUTY OF WARDENS TO MAKE REPORTS. "Sec. 59. In all cases, the officer making the seizure or sale of fish, game, or birds, shall within ten days thereafter, report all the particulars thereof and an itemized statement of the proceeds, expenses, and fees, and the disposition thereof to the commissioners, at Augusta. Every warden shall, in the month of December of each year, and at such other times as the commission- ers may require, report to the commissioners all viola- tions of, and prosecutions under this chapter, occurring in his district, together with such further information as the commissioners may require. The failure of any person or officer to perform any act, duty, or obligation enjoined upon him by this chapter, shall be deemed a violation thereof." NON-RESIDENT HUNTING LICENSES. Sec. 22, as am. by Sec. 5, Ch. 132, P. L., 1905. "Persons not bona fide residents of the State, and actually domiciled therein, shall not hunt, pursue, take or kill any bull moose or deer, or ducks, partridges, woodcock or other birds or wild animals at any time tvithout having first procured a license therefor as here- inafter provided. Such licenses shall be issued by the commissioners of inland fisheries and game, upon appli- cation in writing and payment of fifteen dollars to hunt bull moose, deer, ducks, partridges, woodcock, and other birds and wild animals during their respective open sea- sons in October, November and December. But to hunt ducks, partridges, woodcock and other birds and wild animals, during their respective open seasons prior to October first, a license fee of five dollars shall be paid annually. A person having paid the fee of five dollars may procure a license to hunt bull moose and deer by paying ten dollars additional. Such license shall entitle the purchaser to take to his home, in addi- 66 tion as now provided, properly tagged with the tag detached from his license, and open to view, ten part- ridges, ten duck and ten woodcock that he has himself lawfully killed, and under such rules and regulations to be established by the commissioners and approved by the governor and council, as may be required to carry out the true intent of this act and not inconsistent here- with. All money received for such licenses shall be forth- with paid to the state treasurer, and then expended by the commissioners in the protection of moose and deer, under the direction of the governor and council. Provided, however, that the commissioners of inland fisheries and game shall have authority to adjust and pa}'-, out of the funds received for such licenses, for actual damage done growing crops by deer. Provided, also, that the executive council shall, as often as they see fit, examine the books, accounts and vouchers of the commissioners of all moneys received by them for all licenses or other fees and make a report thereon to the governor. Sec. 23. Each license shall be provided with three coupons, one of which shall permit the transportation of the carcass of one bull moose, or part thereof, and shall be divided into two sections, lettered "A" and "B^' respectively, and shall be called the "moose" coupon; the two other coupons shall permit the transportation of the carcass of one deer, or part thereof, each, and shall be divided into two sections each, lettered "C" and "D" and "E" and "F" respectively, and shall be called the "deer" coupons. The holder of a non-resdent hunter's license shall be entitled to offer for transportation and have transported, within or without this state, by any railroad company, express company, boat, or other transportation com- pany, the carcass of one bull moose, or part of the carcass of one bull moose that he himself has lawfully killed, on the "moose" coupon attached to such license; also the carcass of one deer, or part of the carcass of 67 one deer, that he himself has lawfully killed, on each of the "deer" coupons attached to his said license, by pre- senting to the agent of any transportation company, his license, with the coupons attached to the license at the time when he shall offer the moose or deer for ship- ment. The agent receiving the carcass or part of a carcass, for shipment shall, if it is a moose, detach sec- tion "A" from the "moose" coupon of the license, cancel the same by writing or stamping thereon the date and place of shipment and his initials, and shall forward the same forthwith to the commissioners of inland fisheries and game, at Augusta, Maine; section "B" of said cou- pon shall be likewise canceled and shall be attached to the carcass, or part of the carcass, of the bull moose ottered for shipment and shall remain attached to the same while it is being transported in this state. In case of deer received for shipment, the license must be presented to the agent with the coupons attached as aforesaid, and, if but one deer is offered for shipment, the agent shall detach secton "C" from the first "deer" coupon and shall cancel it and forward the same to the commissioners of inland fisheries and game as aforesaid, and section "D" of said coupon shall be likewise cancelled and attached to the carcass of the deer or part thereof, offered for shipment and shall remain attached to the same while it is being trans- ported in this state. In case two deer are offered for shipment the agent receiving the same for shipment shall detach sections "C" and "E" from the "deer" coupons and after can- celing the same shall forward them to the commission- ers as aforesaid, and sections "D" and "F" shall be likewise canceled and attached to the carcasses of the deer, or parts thereof, offered for transportation and shall remain attached to the same while it is being transported in this state. No person shall transport any bull moose or deer, or parts thereof, within the state for any non-resident, Otherwise than qs pro^ idcd herein, 68 Any agent, servant or employee of any transporta- tion company, railroad company, express company, boat or common carrier who shall receive for shipment or transport, or have in his possession with intent to ship or transport, any carcass of a bull moose, or part of the same, or any carcass of a deer or part of the same, for a non-resident, except as herein provided, or who shall refuse or neglect to detach the sections of the coupons as herein provided, or who shall fail to forward to the commissioners of inland fisheries and game, at Augusta, Maine, as herein provided, the sections of coupons by him detached, shall be punished by a fine of not less than twenty-five nor more than one hundred dollars and costs for each offense. Sec. 24. Whoever violates any provision of the two preceding sections, or who shall furnish to another per- son, or permits another person to have or use any license or coupon issued to him, or change or alter the same in any manner, or who has or uses any license or coupon issued to another person, or any registered guide who knowingly guides any non-resident in hunting who has not a license to hunt as herein provided, shall be pun- ished by a fine of not less than twenty-five nor more than one hundred dollars and costs for each offense. REGISTRATION OF GUIDES. Section ^2. No person shall engage in the business of guiding, either for inland fishing or forest hunting, until he has caused his name, age, and residence to be recorded in a book kept for that purpose by the commis- sioners of inland fisheries and game, and has procured a certificate from said commissioners, setting forth in substance that he is deemed suitable to act as a guide, either for inland fishing or forest hunting, or both, as the case may be, under a penalty of fifty dollars and costs for each offense. Each registered guide shall, from time to time, as often as requested by the commissioners, forward, on blanks furnished him 69 by the commissioners, a statement of the number of persons he has guided in inland fishing and forest hunt- ing during the time called for in said statement, the number of days he has been employed as a guide, and such other useful information relative to inland fish and game, forest fires, and the preservation of the forests in the localities where he has guided, as the commis- sioners may deem of importance to the state, under a penalty of fifty dollars for unreasonably or wilfully refusing to comply with these requirements." "Sec. ;^s. Such registration as is provided for in this chapter shall be as follows : the applicant shall apply in writing or personally to the commissioners for regis- tration, or to some person designated by the commis- sioners, setting forth in his application whether he desires to be registered as a general or local guide; and the commissioners shall, as soon thereafter as may be, register such person as a guide in such class as they shall deem proper, after such investigation as they shall deem proper; but said commissioners may refuse to register any applicant whom they deem unfit to be a guide, and m»ay, for cause shown, after due notice and hearing, cancel any registration by them made, and may advance anyone from the local class to the general class, whenever they shall deem such person qualified to be a general guide. Whenever a guide registered, as provided in this chapter, is convicted of any violation of any of the inland fish and game laws, the commis- sioners, may, at their discretion cancel his certificate of registration and strike his name from the list of registered guides ; but such person may thereafter be registered again at the discretion of the commissioners. Any certificate canceled by virtue of this chapter shall be immediately returned to the commissioners, under a penalty of fifty dollars for refusal or neglect to comply with this requirement. A fee of one dollar shall be paid annually for the registration as herein provided. No person shall receive a certificate as a general guide unless he be at least twenty years of ago, of good repute, 70 and friendly to the inland fish and game laws, and will discountenance in all proper ways all violations thereof. He shall be thoroughly competent to traverse the hunting grounds in which he is licensed to guide, and shall be skilled in the use, management, and handling of such boats or canoes, on lake, pond, or river, as are used in the territory in which he is author- ized to guide, and shall be a safe person under all cir- cumstances to be a guide for inland fishing and forest hunting parties. A person may receive a certificate as a local guide who does not, in the judgment of the commissioners, possess all the necessary qualifications of a general guide, yet is deemed suitable to act as such under certain conditions ; and guides may be restricted in the territory in which they are permitted to guide. Every non-resident registered as a guide shall pay a fee of twenty dollars ; the commissioners may at their discretion refuse to issue any certificates of registration after October twentieth of each year, and every certifi- cate issued shall expire with the calendar year. An official badge for guides may be prepared by the com- missioners." Guide law declared to be constitutional. State vs. Snowman. '94 Maine Reports, page 99. LICENSED CAMP PROPRIETORS AND HUNTERS AND TRAPPERS. Sec. 31. "No person shall build, occupy, maintain or keep a sporting camp, lodge or place of resort for inland hunting or fishing parties in any place, nor engage in the business of hunting or trapping any of the fur bear- ing animals of the state in any of the unorganized townships or wild lands of the state without first procur- ing a license therefor from the commissioners of inland fisheries and game, and paying a fee therefor of five dollars; and he shall make such report to the commis- sipners as may be called for; but a license to build, occupy, maintain or keep such sporting camp, lodge or 7T place of resort shall not be granted unless the person applying for the same files with his application therefor, the written consent of the owner or owners of the land or his or their agent upon which such camp, lodge or place of resort is or may be located; and such licensed persons may purchase for consumption in their sporting camps, lodges or places of resort, deer lawfully killed, but they shall keep a record of all such purchases, of whom purchased and the date of the purchase, and on December fifteenth of each year shall make written report thereof to the commissioners under oath ; who- ever violates any of the provisions of this section shall be fined one hundred dollars and costs for each offense ; the commissioners, however, may refuse to issue a license or licenses to such person or persons as they deem unsuitable." (Note. — This does not, as has been claimed, prevent the "small boy," or the "big boy," or anybody's boy, or anybody else, from hunting, trapping, or killing bears, foxes, muskrats, mink, or any other fur bearing ani- mal in any organized township of the State in their respective open season. (Note. — It has been erroneously claimed that a per- son keeping a sporting camp or lodge in an organized township is not required to have a license. This is error. Every person who keeps a camp, lodge, or place resorted to by inland fishing or hunting parties is required to procure a license, but this does not apply to one's own private camp or lodge, but to those only who entertain fishermen or hunters for profit; a person hav- ing several oulying camps and but one home or main camp requires but one license.) LICENSED MARKETMEN AND PROVISION DEALERS. "Section 29 as am. by Ch. 132, P. L., 1905. Sec. 10. Any market man or provision dealer, having an estab- 72 lished place of business in the State, may purchase and have in his possession at his said place of business not more than three deer, lawfully killed or destroyed, or any part thereof, at one time, and may sell the same at retail to his local customers, and may sell the heads of such deer to any licensed taxidermist; provided, how- ever, that said marketman or provision dealer, shall have procured a license of the commissioners of inland fisheries and game to carry on said business of buying and selling deer as aforesaid; and provided further, that said marketman shall record in a book kept for that purpose, and open to the inspection of inland fish and game wardens and the commissioners of inland fisheries and game, the name and residence of each person of whom he purchases any inland game, and the date of such purchase; and if any marketman or pro- vision dealer shall violate the provisions of this section, he shall be fined five hundred dollars for each offense, and be prohibited for five years thereafter from the benefits of this section. All marketmen or provision dealers licensed as afore- said shall pay to the commissioners, in cities and towns of over three thousand inhabitants, five dollars annu- ally, and three dollars in all other places ; or instead of this fee, the commissioners may, at their discretion, issue licenses authorizing the retailing of dger as above specified, on payment of fifty cents for each deer retailed ; said marketmen and provision dealers holding these licenses shall, on December fifteenth, make, sign, and send to the commissioners, under oath, a statement setting forth in detail the number of deer by them bought, and of whom bought, and the date of each purchase, during the time covered by their licenses ; and whoever fails to make the report required in this section shall be subject to a penalty of one hun- dred dollars and costs." 72> LICENSES TO BUY AND SELL SKINS AND HEADS OF DEER AND SKINS OF OTHER WILD ANIMALS. Sec. 30, as am. by Sec. 7, Ch. 132, P. L., 1905. "The commissioners may annually issue licenses to suitable persons to buy and sell or tan deer skins and the skins of all other wild animals lawfully taken, and the heads of deer if not detached from the skins. Such persons shall keep a record of all such heads and skins purchased, of whom purchased and the date of purchase, and shall report annually to the commissioners. The fee for such license shall be five dollars for a county license and ten dollars for a State license, to be paid to the commissioners and by them to the treasurer of State ; and whoever, licensed as aforesaid, unreason- ably and wilfully refuses to make such report, shall be punished by a fine of $100.00 and costs. Whoever buys such skins and heads without being licensed as above provided shall be punished by a fine of $100.00 and costs." TAXIDERMISTS. Sec. 10. "The commissioners of inland fisheries and game may, upon application, issue a license to such persons as taxidermists, who, in their judgment, are skilled in that art, of good reputation, and friendly to the fish and game laws of the state; and may also issue licenses to suitable persons, whose numbers shall not exceed fifteen at one time, to take, kill, capture, and have in possession any species of birds other than domestic and the eggs and nests thereof for scientific purposes; and for such licenses the applicant shall pay five dollars ; but no person thus allowed to take and have in possession birds for scientific pur- poses, shall sell or offer for sale, or take any compen- sation for specimens of birds, nests or eggs, or dispose of the same, by gift or otherwise, to be taken from 74 the state, except for exchange of specimens for scien- tific purposes ; and for any violation of the provisions of this section, such persons shall be subject to a fine of not less than ten nor more than fifty dollars. This section, however, shall not authorize the killing of any birds nor the taking of any birds' nests or eggs thereof on Sunday; and the commissioners may, for cause, revoke any license authorized by this section. Taxi- dermists mentioned in this section may at all times have in their possession, at their places of business, fish and game lawfully caught or killed in open time for the sole purpose of preparing for and mounting the same; and such fish and game, or parts thereof, may be transported to such licensee and retained by him for the purposes aforesaid, under such rules, restrictions and limitations as shall, from time to time, be made by said commissioners and stated in such original license and additions made thereto, from time to time, by said commissioners. Such licenses may be revoked by said commissioners, at any time after notice and an oppor- tunity for a hearing; such licenses shall be for the term of three years, and each person so licensed shall, on or before December first of each year, make a detailed, written report to the commissioners of all they have done during the year by virtue of such license; and every licensee or carrier violating any of the pro- visions of this chapter, or of the rules, restrictions, or limitations set out in said license and additions thereto, shall be fined not less than twenty nor more than fifty dollars." BEWARE OF LEAVING CAMP FIRES BURNING. Section 55 of chapter seven of the revised statutes. "Whoever by himself, or by his servant, agent, or guide, or as the servant, agent, or guide of any other person, shall build a camp, cooking, or other fire, or use an abandoned camp, cooking or other fire in or adjacent to any woods in this state, shall, before leaving 75 such fire, totally extinguish the same, and upon failure to do so such person shall be punished by a fine of fifty dollars, provided that such fires built upon the sea beach in such situation that they cannot spread into forest wood or cultivated lands or meadows, shall not be construed as prohibited by this act. One-half of any fine imposed and collected under this section shall be paid to the complainant." APPENDIX. An Act to prevent the pollution of the Waters of Carleton pond in Kennebec county. Ch. 362, P. & S. L., 1905, Sect. 5. Except as herein provided, no person shall use any boat on said pond or fish therein or harvest ice therefrom. Ice may be har- vested therefrom provided the taker seasonably removes all filth caused by such harvesting. Residents of Win- throp and Readfield, living within one mile and a half from said pond, and their guests, may fish and boat thereon during the months of June, July and August. Nothing herein shall prevent fishing through the ice in said pond nor the necessary uses of said pond by said Augusta Water District. Whoever violates this section shall be fined not exceeding twenty dollars or im- prisonment not exceeding six months. 77 FROM "CARLETON'S DIGEST." CERTIFICATE FOR BOUNTY OX WOLF KILLED. Claimant's certificate. To the treasurer of . I hereby certify that on the day of A. D. 19 — , at , in the state of Maine, I killed the the skin of which I now exhibit to you ; and I claim the bounty allowed by law for killing the same. Dated at , this day of A. D. 19 — . Claimant. Subscribed and sworn to before me the day and year aforesaid. Treasurer of Claimant's receipt. On this day of A. D. 19 — , I received of treasurer of . dollars, being the bounty allowed by law for killing the ■ described in the above certificate. Claimant. Treasurer's certificate. I hereby certify that as required by law, I first cut off the whole of the ears and nose from the skin of the described in the foregoing certificate and destroyed the same by burning, and then paid to said the bounty for which I have taken his receipt as above. Dated at this day of A. D. 19—, Treasurer of Subscribed and sworn to before me the day and year aforesaid. Justice of the Peace. (Note. There is not uniformity of blank complaints and warrants sold and in use. All of them, so far as I have observed, are good. The many complaints that are quashed or dismissed by the courts on appeal are gen- 78 erally defective in that the offense sought to be charged is not legally stated. By following closely these forms no mistake can be made.) SKELETON COMPLAINT WHICH MAY BE INSERTED IN ANY WARRANT. Form I. .STATE OF MAINE. County of ss. To Esquire, a trial justice in and for the county of , L. T of , in the county of , in behalf of said state on oath complains that C. D of in the county of on the day of A. D. 19. .* at in the county of *did unlawfully hunt, chase, catch, kill and have in posses- sion one caribou and parts thereof, * against the peace of said state and contrary to the form of the statute in such case made and provided. Wherefore, the said L. T prays that the said CD may be apprehended and held to answer to this complaint, and be further dealt with relative to the same according to law. Dated at in said county of this day of A. D. 19 Trial Justice. STATE OF MAINE. County of ss. Then the above named L. T. . . . personally appeared and made oath to the truth of the above complaint. Before me, Trial Justice. Warrant. STATE OF MAINE. County of ss. To the sheriff of said county of , or either of his deputies, and to either of the constables in any town in said county, or to any inland fish and game warden, (L. S.) Greeting: 79 You are hereby required, in the name of the state of Maine, forthwith to arrest and bring before me, the sub- scriber, a trial justice in and for said county, or to some other trial justice in and for said county, the said C. D. named in the foregoing complaint, which is referred to as a part of this warrant, to answer to said state for the offense set forth in said complaint of said L. T , this day made on oath before me, said justice ; and to summon and both of said , to appear and give evidence touching the sub- ject matter of said complaint when and where you shall have the respondent. Given under my hand and seal at in said county of , the day of in the year, A. D. 19. . Trial Justice. No. 2. Taking game or birds on Sunday. Follow No. I to first *, then say "did then and there hunt, chase, catch and kill one deer" (or one moose or one pair of game birds as the case may be) then close as in No. i from second *. No. 3. Taking trout in close time. "On the day of , fished for and took fifteen trout, the same not being blue-back trout; against, etc., and contrary, etc. No. 4. Exposing fish for sale in close time. On the day of had in his possession with intent to sell, and did expose for sale, three land-locked salmon ; against, etc., and contrary etc. No. 5. Killing trout less than five inches in length. With force and arms caught, killed and destroyed ten trout, each of which was less than five inches in length ; against, etc., and contrary, etc. No. 6. Using a trawl, weir, hedge, trap, etc., in cap- ture of fresh water fish. With force and arms used a trawl, (or whatever the device may be) for the capture of black bass, and then and there captured twelve black bass with said trawl 8o from the pond in said ......... the same being a fresh water pond, and said black bass being fresh water fish; against, etc., and contrary, etc. No. 7. Hunting and killing deer with dogs. With force and arms did hunt with dogs and with ihem did kill and destroy one deer; against, etc., and contrary, etc. No. 8. Killing deer in close time. With force and arms killed and destroyed one deer; against, etc., and contrary, etc. No. 9. Killing more than two deer. Then and there with force and arms did kill and des- troy and have in his possession between the first day of October and the fifteenth day of December, to wit on the day of November, A. D three deer. No. 10. Transporting carcass of deer killed in close time. Transported from to the carcass of a deer which v/as killed between the fifteenth day of December and the first day of October, to wit on the day of September , against, etc., and con- trary, etc. No. II. Transporting part of a moose, privily. Transported part of a moose, to wit from to , the same not being open to view, or plainly labelled with the name and residence of the owner thereof, and not being accompanied by the owner thereof, and not having then and there the evi- dence of the sex of the moose attached thereto. No. 12. Provision dealer selling deer at retail without license. Then and there being a provision dealer having an established place of business, said , and not hav- ing procured a license of the commissioners of inland fisheries and game to carry on the business of buying and selling deer, had in his possession three deer, and then and there sold the same at retail to his local cus- tomers, against, etc., and contrary, etc. 8i No. 13. Having a jack light in possession in hunters' camp or lodge. Then and there in a certain camp, lodge, and place of resort for hunters called had in his possession a jack light, so called; against, etc., and contrary, etc. No. 14. Taking partridge with snare, etc. With force and arms did take one partridge with a snare or trap (or whatever the device may be;) against, etc., and contrary, etc. No. 15. For keeping a sporting camp, lodge, or place of resort without being licensed. Did then and there keep a sporting camp, lodge and place of resort for inland hunting and fishing parties, and not having procured a license therefor from the com- missioners of inland fisheries and game; against, etc., and contrary, etc. HUNTING AND TRAPPING WITHOUT BEING LICENSED. No. 16. Did then and there engage in the business of hunting and trapping the fur bearing animals of the state, said being an unorganized township and on the wild lands of the state, and not having procured a license therefor from the commissioners of inland fisheries and game; against, etc., and contrary, etc. No. 17. Guiding without a license. Did on the day of A. D. 19. ., and on divers other days between said day of A. D. 19. ., and the day of the signing of this complaint, at in the county of unlawfully engage in the business of guiding for inland fishing and forest hunting, and not being then and there a registered guide either for inland fishing or forest hunting, and not having before engaging in the business of guiding as aforesaid caused his name, age and resi- dence to be recorded in a book kept for that purpose by the commissioners of inland fisheries and game, and not having then and there procured a certificate from said commissioners setting forth in substance that he is 82 deemed suitable to act as a local or a general guide cither for inland fishing or forest hunting; against, etc., and contrary, etc. (Form of petition to close streams, lakes or ponds.) To the Commissioners of Inland Fisheries and Game. Augusta, Me. The undersigned, residents and taxpayers of in the county of , respectfully represent that in our judgment the best interests of the State require that there should be additional close time on the following described waters, viz : (Here fully describe them.) We therefore ask that such action be taken by your board, after notice and hearing, as you shall deem best, in accordance with the statutes in such case made and provided. Dated at this day of A. D., 19. ., Name. Residence. Occupation. FEES. The fees for wardens and trial justices are the same in all fish and game cases as for sheriffs, deputy sheriffs, constables, and trial justices in other criminal actions. FEES OF TRIAL JUSTICES. Receiving complaint and issuing warrant in criminal cases 50c Entering complaint in criminal prosecution, swearing witnesses, rendering and recording judgment, examining, allowing and taxing costs, and filing the papers 75c Trial of an issue in criminal case 80c When more than one day is used in the trial, for each day after the first actually employed. . $2 00 Recognized persons charged with crimes for their appearance at the supreme judicial or 83 superior courts, and for certifying: and returning the same, with or without sureties, 25c Mittimus for the commitment of any person on a criminal accusation 25c OFFICERS' FEES. Service of warrant 50c Travel per mile (one way) 12c Summoning one witness 50c Travel for summoning witnesses per mile (one way) 12c Conveyance of prisoner (5 miles) $1 00 Attending court 24 hours i 50 An aid may be employed when necessary and allowed compensation. Witnesses are entitled to 12c per mile, one way, and 50c per day for attendance. Wardens may compel bystanders or onlookers to aid them in making an arrest. R. S., ch. 82, sec. 70. TRIBUTARIES. (Note. — What are the tributaries to a lake or pond? One lake or pond is not a tributary to another lake or pond, within the meaning of the law. "Tributary," taken in its ordinary meaning, means "paying tribute to" — "serving to increase" — in geography, "a stream which contributes to another body of water," — "a branch or affluent," — from which it follows that the tributaries to a lake or pond are all of its contributary sreams, but not another lake or pond.) SPECIAL,— LAKE MARANACOOK. It is unlawful to fish in Lake Maranocook before June first south of a line drawn from the post opposite George Webster's House to the lamp-post at the head of Green Street, or within 200 feet of the Dead River bridge in Readfield, or from the railroad bridge at Lake Marano- cook station. R. R. of Comrs. 84 EXPLANATIONS. We have many requests from citizens of other states for a guide's license. Any person who can show that he is fully qualified to act as a guide, and wants to come here to engage in the business of guiding in good faith, can be licensed, but we cannot license one of a party, who simply wants to avoid the law requiring non-residents, when camping and kindling fires on the wild lands of the state, to be in charge of a registered guide. This would simply be an evasion of the law and cannot be tolerated. The following typical questions were received from a New York party, which are given with the answers : Ques. "I represent a party of eight who make a regis- ered camp our headquarters. Now when we wish to change and visit a new locality, with our own canoes, can we paddle over the lakes or up river to another registered camp without a guide and not violate the law?" Ans. "Yes, if you do not camp and kindle a fire on wild land." Ques. "Several of us were stopping at a registered camp, but there was but one sleeping room. It was sug- gested that we pitch our tent nearby and take our meals at the camp ; can we do so without being in charge of a registered guide?" Ans. "Certainly, if you do not build fires on wild land." Ques. "An article in the New York Sun says, 'A pro- vision of Maine's game law compels every party that visits the state for the purpose of hunting or fishing to employ at least one guide ?' " Ans. "This is all wrong. I repeat again that our law simply provides that from May to November, both inclu- sive, non-residents, when camping and kindling fires on wild lands, must be in charge of a registered guide; in 8s other words, if they do not camp and kindle fires on wild lands they do not require a guide. This seems to be easily enough understood." Ques. "May a person who is stopping at a registered camp paddle off for a day's fishing without a guide, and, not desiring to return to dinner or other meal, may said person build a fire and cook a meal?" Ans. "You can paddle your own canoe as much as you choose, or fish or hunt or tramp alone, but you must not camp or build a fire on wild lands unless in charge of a registered guide." Indians have no more rights in hunting or fishing than a white man. There are no game preserves in Maine and cannot be under our laws. Fishing and fowling is free on wild lands. It is trespass to go upon cultivated or inclosed lands to hunt or fish. HINTS TO GUIDES. What is it to engage in the business of guiding? These words, "engage," "business" and "guiding," must be given their ordinary meaning obviously ; "to engage" in anything, means to "procure or secure" for some special purpose, as to engage in business, trade, engage in a business or pursuit. "Business" means a pursuit or occupation that em- ploys or requires energy, time, thought, profession, call- ing, attention, application, accuracy, method, punctu- ality. Fidelity and dispatch are the principal qualities required for the efficient conduct of business. "Guide, guided, guiding." The meaning of the word "guiding" has come to be so well understood that no definition^ need here be given. A person having a friend visit him, who goes fishing with him, rows a boat, or goes hunting with him, is not engaging in the business of guiding, and does not re- quire a license if he is not paid for this work. S6 A person might guide one day, or on a short single trip, and take pay for it and still not be liable for guid- ing without a license, but if he holds himself out as a guide, or makes it a part of his business, he must be licensed. Guides should provide themselves with all necessary equipment usually furnished by our best guides, such as dry, comfortable boats or canoes, cooking utensils, etc., and should look thoroughly after the comfort and pleas- ure of their patrons. They should make every effort to inform themselves about the habits of game and fish and where they can be found in greatest abundance at different periods of the open season. They should also inform themselves, as far as possible, upon the general subject of sporting interests in order to converse intelli- gently with their employers. They should not lead the conversation but always be ready to answer all ques- tions relating to their profession and take part in gen- eral conversation when solicited. A guide should always be careful not to intrude his presence when not re- quested, or to volunteer remarks or advice to visitors, unless directly connected with the business of guiding. Coarse, profane and vulgar language in the presence of sportsmen is very objectionable to them, as a rule, and is liable to effect a guide's business very materially, and therefore should be guarded against. A popular guide is one whose services are always in demand. What gives him such popularity is because he is always on the alert and studying how he can please his employers and make their visits more pleasant and agreeable. On the other hand, if you try to see how little work you can do without causing your employers to find fault, seldom anticipating the ordinary wants of the tourist, frequently not ready at the appointed time for a start, sometimes almost Imposing on the novitiate sportsman, you will soon become an unpopular guide and have employment only a part of the season. Always be careful about speaking in a derogative manner of any sportsman or visitor, whether they have 87 employed you or not. Finding fault with sportsmen against whom you think you have some grievance, or whose ways or maimers fail to please you, will not assist you in procuring engagements. Sportsmen dislike very much to have guides talking about them in an uncomplimentary manner and will use their influence to prevent their making engagements with friends. Good taste and sense of propriety should cause guides to be very careful in this respect. Before retiring at night, be sure and ascertain what the plans are for the next day. If a fishing trip, have everything in readiness, such as live bait or worms if such are to be used, and also have lunch ready if dinner is to be taken away from camp so that there shall be no delay when your party is ready to start. A delay caused by any negligence on your part sometimes causes great annoyance. If fish are caught the guide should, without being asked to do so, clean them in the neatest possible way on returning from the day's fishing, or meanwhile if opportunity offers. Fish to be carried or transported any distance should never be "drawn." Better not be molested at all than "draw" them. They should be split open, the gills and entrails carefully removed, then thoroughly cleaned, wiped dry and wrapped in paper or hung in the ice house. No better way can be found to pack fish to transport than to thoroughly clean them, wipe dry, then wrap them in paper and pack in cool moss. Never allow them to come in contact with ice. Ice can be used in order to keep the package cool, but it should not come in contact with the fish. Under our statutes any guide convicted of a violation of our Fish and Game Laws shall have his registration certificate cancelled and be deprived of the right to do a guiding business for a year or more at the discretion of the Commissioners. In addition to this, the Commissoners have established the following rulings with reference to guides, which, if 88 violated, is liable to cause their registration to be can- celled unless there are very extenuating circumstances. 1. Failure to extinguish camp-tires, whether damage results or not. 2. Drunkenness w^hen under employment as a guide. 3. Breaking an engagement with a sportsman or visitor when made in good faith. 4. Leaving a sportsman or visitor before completing an engagement, unless discharged. 5. Untruthful statements about Commissioners, Ward- ens or visitors, or untruthful reports about poaching being done, if made for the purpose of annoying either the Commissioners or Wardens, or to deceive the public. 6. Dishonesty or untruthfulness in dealing with sportsmen or visitors. 7. Failure to report, either to a Warden or the Com- missioners, any flagrant violations of the Fish and Game Laws coming to their notice, and giving names of viola- tors as far as known. HINTS TO SPORTSMEN. Sportsmen should treat their guides as honest, intelli- gent human beings. They are naturally sensitive and apt to resent any unmanly treatment very quickly. Sportsmen are requested to report to the Commis- sioners the conduct of their guides, especially if they are well qualified and attentive to duty, or otherwise. All such communications will be regarded as confiden- tial. Sportsmen, guides and everybody else are requested to report all violations of the Fish and Game Laws that come to their notice, giving names, dates and facts to the Commissioners, All such communications shall be strictly confidential. Don't be careless. Don't shoot before you know what you are shooting at. Don't leave your camp-fire until it is put out and you know it is all out. Read the law on these two points. INDEX. Androscoggin county, protection of deer in.... 48 Androscoggin county, ice fishing prohibited where 7 Androscoggin county, tributaries to lakes closed 7 Aroostook county, ice fishing in, tributaries closed and special laws 8 Artificial lights prohibited in hunting 46 Artificial culture of fish 40-42-43 Annual close time for fish 6 Annual close time on moose, deer and caribou. . 44-45 Annual close time on game birds 52-53 Accidental shooting while hunting, penalty for 51 B. Bounty on bears and wolves 50 Birds, game, close time on, and insectivorous, 52-53-54-55 Birds cannot be sold or given away, when . . 56 Bond of wardens 59 Bond when game is seized 58 Birds, wild, protected 54 Bass, length of and number to be taken 18-22 Bass, definition of 42 Bait fish 32 Beaver, close time on 50 Birds, nests and eggs taken, when 73 C. Close season and close time defined 5 Close time on moose, caribou, deer, fish and birds 6-44-45-46 Cumberland county, ice fishing in, and waters closed 9-10 Contraband, grapnel, spear, etc., when 31-33 Commissioners, appointment of, duties and powers 34 Cusk, Commissioners may grant permits to take, 34 to 37 Caribou, protection of 44 Corporation, service of warrants on 63 90 Certificates, Commissioners may revoke 63 County attorneys shall prosecute 64 Cow and calf moose protected 44 Camps, sporting, must be registered 70 Certificates, guides 68 County Commissioners : 38 Crows 54 Close time on human beings 51 Curlew 54 Courts, jurisdiction of 62 Clerks of Courts, duties of 64 Chipmunks, or squirrels, protection of 47 Camp-fires 51-74 Carleton pond, Kennebec county, special law regarding fishing in 75 Crops, destruction of by deer 45 D. Deer, protection of, and in certain counties and transportation of . 44-48-57-58 Dogs, use of, and may be killed when 46 Dynamite, use of forbidden 31 Dams and fishways 38 Duck, protection of 52 to 55 Deer skins and heads, license to sell and deal in, 73 Doves 54 Definition of salmon, trout, etc 42 Drift nets, use of on Penobscot river 23 Decisions of Courts 3-4-5 E. Eels, Commissioners may grant permits to take, 34-37 Eggs of birds protected 54 Exempted v/aters from jurisdiction of Comrs. .. 41-42 Eden, waters exempted in 41 Evidence, prima facie, when 33 Eden, protection of deer in 48 Eagle 54 Eastern river, protection of ducks in 56 F. Franklin county, ice fishing prohibited, waters closed and special laws 10 to 15 Fish, protection of, and transportation 7-32-58 91 Fish spawn, use of prohibited 31 Fish, certain, introduction prohibited when 33 Fish, artificial propagation of 40-42-43 Fish, riparian proprietor may cultivate 40-42-43 Fish and game wardens, their appointment, etc., 59-60-6B Fishways and dams 38 Fisher, protection of 49 Fines, collection and disposal of 62-63-64 Fines for illegal killing of moose, caribou, deer, 46 Fires, kindle 51 Frenchman's Bay, protection of ducks, etc., in . . 56 Fire wardens, fish and game wardens are 60 G. Game birds, protection of, and defined 52 Game birds may be taken for park purporses. ... 37 Grapnel, use of prohibited 31 Guides, must be registered 68 Guides must not guide more than five persons, 51 Game not to be given away or sold 57 H. Hancock county, ice fishing in 15 Hancock county, sale of trout prohibited in. . . . 16 Hancock county, certain waters closed, and special laws 16-17 Hawks 54 Herons, blue 54 Hunters and trappers, license of 70 Human beings, close time on 51 Hare, or rabbit, protection of 47 Hunters, non-residents, licenses 65 I. Illegal fishing, penalty for 7 Introduction of certain fish and animals pro- hibited 33 Isle au Haut, protection of deer on 48 Ice fishing under general law 6 J. Jack-lights, use of prohibited, and contraband 33-46 Jurisdiction of courts and trial justices, etc. ... 62 92 K. Kennebec county, ice fishing, tributaries closed, 17 Kennebec county, close time for fish in 6 Kennebec county, number of bass, and length, which may be taken 18 Kennebec river, protection of ducks in 55-56 Kennebec county, protection of deer in 48 Knox county, ice fishing in, certain waters closed 18-19 Knox county, protection of deer in 48 Kindle fires on wild lands 51 Kezar ponds, lower and Upper, protection of water fowl in 5ti Kingfishers 54 L. Lincoln county, ice fishing, and tributaries closed 1^ Lincoln county, protection of deer in 4 8 Landlocked salmon, definition of, and close time on 6-42 Lily pond, muskrats in may be killed 49 Licenses to deal in deer skins, and heads, and wild animals 73 Licenses, sporting camps and guides, market- men and others 65 to 74 Licenses, non-resident hunter's 65 Length of landlocked salmon, trout, etc 32 Launches use of prohibited hunting ducks, where 56 Moose, protection of, and transportation of 44-57-58 Mt. Desert, protection of deer in 48 Moose, shall not be sold or given away 56 Muskrat, protection of 49-50 Mink, protection of, and Comrs. may destroy .. 37-49-50 Minnows for bait 3 2 Merrymeeting Bay, protection of ducks in 53-55-56 Marketmen, must be licensed 71 Maranocook, Lake, R. & R. of Commrs., regard- ing fishing in 75 Mudhens 54 N. Non-residents, licenses, must employ guides, and fees of 51 93 Nets, contraband when 31-33 O. Oxford county, ice fishing, special laws, certain waters closed 19-20-21 Officers may arrest without warrant 62 Open season defined 5 Owls 54 P. Piscataquis county, ice fishing, tributaries and waters closed 24-25-26 Penobscot county, ice fishing, tributaries and waters closed 22-23 Penobscot river, use of drift nets in 23 Partridges, close time on 52 Plover, close time on 52 Protection of birds 52-53-54 Provision dealers must be licensed 71 Pounds of fish that may be taken 6-7 Penalty for using forbidden implements in fish- ing 31 Penalty for having contraband implements in possession 31 Penalty, illegal hunting of game birds, moose, caribou and deer 46-52-53-54 Penalty for dishonest officers and licensees. . . . 60-63 Penalties, how collected and disposed of 51 Participant compelled to testify 64 Park purposes, game taken for 37 Per cent, 25 of fish eggs taken to be returned. . 40 Pollution of certain streams 43 Prosecutions must be reported 63-65 Q. Quail, protection of 52 R. RufCed grouse, protection of 52 Registered guides 68 Rabbits, protection of 47 S. St. Croix river, close time on for fishing 6 94 Somerset county, ice fishing, waters closed, special laws in 25 Screens, and protection of 37-40 Spawn, use of prohibited 31 Spears, use of prohibited 31-33 Seine, use of prohibited 31 Set lines, use of prohibited when 31 Suckers in closed waters may be taken when. . 34 Sandpipers and snipe, protection of 52 Sparrows, English 54 Sable, protection of 49 Sunday a close time on game and birds 31-49 Search and seizure by wardens 61 Salmon and trout, length of 32 Sheriffs and deputies are wardens 60 Service of warrants on corporations 63 Snares forbidden 46 Spoon hooks 31 Spinners 31 Smelts, may be taken for food purposes 34 Swan Island, protection of deer on 48 Snipe 52 Squirrels, protection of 47 Sawdust, prohibited throwing of in certain streams 43 Salmon, definition of 42 Sale of fish prohibited in certain cases 16-18 Sagadahoc county, protection of deer in 48 Southwest Harbor, protection of deer in 48 Saltlick, unlawful to maintain 45 T. Trovit and togue, close time on 6 Transportation of moose, deer, game birds, fish 32-53-57-8 Trawl, use of prohibited 31-33 Traps, use of prohibited 31-46 Tag, to send game, birds and fish 58 Trout, length of 32 Taxidermists, appointment of 73 Tatlers 54 Tremont, protection of deer in 48 9S V. Vultures 54 W. Washington county, ice fishing in, certain waters closed 28 Wolves, bounty on 50 White perch, close time on 6 Weir, use of prohibited when 31 White fish 34-37 Woodcock, close time on 52 Wardens, appointment, powers and duties 59-60-65 Wardens, penalty for falsely assuming to be. . . . 60 Wild land, camping and kindling fires thereon, etc 51 Waldo county, protection of deer in 48 Waldo county, streams closed, ice fishing 27 Y. York county, ice fishing in, certain waters closed 29 York county, protection of deer in 48 >/^ LIBRARY OF CONGRESS 002 899 473 4