VIL-DRAUGHT OF LAW PROPOSED FOR THE CON- 

 SIDERATION OF AND ENACTMENT BY THE LEGIS- 

 LATURES OF MASSACHUSETTS, RHODE ISLAND, 



AND CONNECTICUT.* 



A BILL TO REGULATE THE USE OF STATIONARY APPA- 

 RATUS IN THE CAPTURE OF FISH. 



Sec. 1. The commissioners on inland fisheries are hereby em- 

 l>o\vered to license individuals and corpoi^atious to erect, establish, and 

 use, in the waters of this commonwealth, whether navigable or unnav- 

 igaijle, fixed nets, traps, pounds, pots, fykes, weirs, or other stationary 

 apparatus, for the purpose of ca[)turing' fish, upon application for such 

 license, duly made as hereinafter conditioned and provided. 



Sec. 2. All i)ersons seeking such licenses shall make written applica- 

 tion to said commissioners, specifying the locality in which they desire 

 to use stationary apparatus as aforesaid, the exact character of the said 

 apparatus which the applicant proposes to use, including, if of netting, 

 the proposed sizes of mesh, as also the proposed length of the leader, or 

 fence, togetner with all other details and particulars necessary for an 

 exact understanding of said apparatus; and upon examination of such 

 applications, and after public hearing, if they deem necessary, the said 

 commissioners shall grant the license desired, provided the application 

 be made on or before the first day of March in each year, subject to the 

 conditions hereinafter mentioned, it being understood that parties last 

 in lawful possession of any fishing-station shall have preference in its 

 assignment, unless barred by a violation of this act. 



Sec. 3. The license shall be in writing, signed by a majority of said 

 commissioners, and shall state clearly and minutely the locality within 

 which the same shall have efiect, and no bcense shall have effect in any 

 locality other than that mentioned and described therein, and, it for 

 netting, the minimum size of the mesh of the different parts of the 

 net, and the length of the leader, and shall prescribe such other limita- 

 tions and directions as said commissioners shall deem proper; and no 

 license shall take effect until the same shall be left for record Avith the 

 clerk of the town or city within which the same is to have effect, nor 

 until the recording fee of said clerk, being the same as that established 

 by law for recording mortgages of personal i^roperty of equal length, 

 shall be fully paid. 



Sec. 4. The said licenses may embrace any period not exceeding one 

 year; but, whenever given, they shall expire on the first day of Janu- 

 ary next following their date, and the clerk of each city or town in 



* The draugbt, as originally prepai-ed, was first discussed at the conference with the 

 commissioners of Massachusetts and Rhode Island, and then submitted to several emi- 

 nent legal gentlemen for consideration; among others, to Mr. Henry Williams and Mr. 

 Geo. H. Palmer, of Boston, from whom important crititisms and suggestions were re- 

 ceived and incorporated. 



