366 LAWS RELATING TO 



Sect. 27. Whoever without the permission of the proprietors 

 fishes in that portion of a pond, stream, or other water in which 

 fishes are lawfullj^ cultivated or maintained, shall forfeit not less 

 than one dollar nor more than twenty dollars for the first oflence, 

 and not less than five nor more than fifty dollars for any subsequent 

 offence. 



Sect. 28. For the purposes of this chapter, no tidal stream shall 

 be considered navigable above the point where, on the average 

 throughout the year, it has a channel less than fort}' feet wide and 

 four feet deep during the three hours nearest the hour of high tide. 



Sect. 29. The governor, with the advice and consent of the coun- 

 cil, may, for the purposes of this chapter, arbitraril}' fix and define 

 the tidal bounds and mouths of streams upon recommendation of the 

 commissioners on inland fisheries. i869, 384, § it. 



Sect. 30. The governor may in like manner limit or prohibit, for 

 a period not exceeding five years at a time, fishing in the navigable 

 tidal waters and in the unnavigable waters of specified streams, except 

 in such portions as ma}- be enclosed according to provisions of section 

 twenty-fiA'e ; and whoever fishes in streams where the right of fishing 

 is thus limited or prohibited shall forfeit for the first off'ence ten dol- 

 lars, and for every subsequent offence fifty dollars, and shall in addi- 

 tion forfeit all fish taken and apparatus used. 



Sect. 31. The owner of an unnavigable tidal stream, where the 

 same empties into salt water, and in which fishes are lawfully culti- 

 vated or maintained, shall have the control of the fishery thereof 

 within his own premises, and also be3'oud and around the mouth of 

 the stream so far as the tide ebbs, provided it does not ebb more 

 than eight}' rods ; and whoever fishes within these limits without 

 permission of such owner shall forfeit not less than one dollar nor 

 more than twent}^ dollars for the first offence, and not less than 

 five nor more than fift}' dollars for any subsequent offence ; and 

 shall in addition forfeit any boat and apparatus used in such illegal 

 fishing. 



Sect. 32. Whoever takes or aids in taking from the Connecticut 

 River or its tributaries any shad or alewives between the first da}' of 

 July and the fifteenth day of March shall forfeit one hundred dollars 

 for each offence. 



Sect. 33. Whoever takes any shad or alewives in any part of the 

 Mei'rimack River or any tributary thereof, except between sunrise on 

 Monday morning and sunrise on Friday morning, from the first day 

 of March to the thirty-first day of May, shall forfeit for each alewife 

 80 taken not less than one dollar nor more than five dollars, and for 

 each shad so taken not less than five nor more than twenty dollars. 



1882,166; 1884,317. 



