428 ALASKA INDUSTRIES. 



April, June, and July ; that is to say, between the hour of six o'clock in the afternoon 

 of each and every Saturday until six o'clock in the afternoon of Sunday following; 

 and any person or persons catching salmon in violation of the provisions of this 

 section, or purchasing salmon so unlawfully caught, shall, upon conviction thereof, 

 be fined in a sum of not less than five hundred dollars nor more than one thousand 

 dollars for the first oifense, and for each and every subsequent offense, upon convic- 

 tion thereof, shall be fined not less than one thousand dollars, to which may be added, 

 at the discretion of the court, imprisonment in the county jail for a term not exceed- 

 ing one year. 



SEC. 3490. It shall not be lawful to fish for salmon in the Columbia River or its 

 tributaries during the said months of April, May, June, and July with gill nets the 

 meshes of which are less than four and one-eighth inches square, nor with seines 

 whose meshes are less than three inches square, nor with weir or fish traps whose 

 slats are less than two and one-half inches apart. 



Nothing herein contained shall prevent fishing in said river or its tributaries with 

 dip nets during the fishing season as established and defined by section thirty-four 

 hundred and eighty-nine. 



Every trap or weir shall have in that part thereof where the fish are usually taken 

 an opening at least one foot wide, extending upward from the bottom toward the 

 top of the weir or trap five feet, and the netting, slats, and other material used to 

 close such aperture while fishing shall be taken out, carried upon shore, and there 

 remain during the said months of March, August, and September, and the weekly 

 close time in the months of April, May, June, and July, as prescribed in section 

 thirty-four hundred and eighty-nine, to the intent that during said close time the 

 salmon may have free and unobstructed passage through such weir, trap, or other 

 structure, and no contrivance shall be placed in any part of such structure which 

 shall tend to hinder such fish. 



In case the inclosure where the fish are taken is furnished with a board floor an 

 opening extending from the floor five feet toward the top of the weir or trap shall 

 be equivalent to extending the said opening from bottom to top. 



Any person or persons violating the provisions of this section or encouraging its 

 violation by knowingly purchasing salmon so unlawfully caught shall be deemed 

 guilty of misdemeanor, and upon conviction thereof shall be fined for the first offense 

 not less than five hundred dollars nor more than one thousand dollars, to which may 

 be added imprisonment in the county jail for a term not exceeding one year. 



SEC. 3491. The person or persons making complaint of any violations of the pro- 

 visions of this act shall, upon conviction of the offender, be entitled to one-half the 

 fine recovered; and any prosecuting attorney who shall, upon complaint being made 

 to him of the violation of this act, fail to prosecute the party accusedshall be deemed 

 guilty of a misdemeanor in office, and upon conviction thereof shall be fined in the 

 sum of five hundred dollars for each and every offense. 



SEC. 3492. This act shall not be so construed as to interfere in any way with any 

 establishment or enterprise for the propagation of salmon, whether by the United 

 States Government or any regularly organized company or society for that purpose, 

 located or operated upon said Columbia River or any of its tributaries. 



SEC. 3493. It shall be unlawful for the proprietor of any sawmill on the Columbia 

 River or any of its tributaries, or any employee therein, to cast the sawdust made 

 by such sawmill, or suffer or permit such sawdust to be thrown or discharged in 

 any manner, into said river or its tributaries below the Cascades of the Columbia 

 River and falls of the Willamette River. 



For each and every willful violation of this section the party guilty of such vio- 

 lation shall be liable to a fine of fifty dollars for each and every such offense, to be 

 recovered before a justice of the peace of the proper county. 



SEC. 3494. Any party convicted of any violation of the provisions of this lawshall 

 be sentenced to pay the fine and costs adjudged, and in default of paying or securing 

 the payment thereof, he shall be committed to the county jail until such fine and 

 costs shall be paid or secured, until he shall have been imprisoned one day for every 

 two dollars of such fine and costs. But execution may at any time issue against the 

 property of the defendant for whatever sum may be due of such fine or costs. 



Upon payment of such fine or costs, or the balance after deducting the commuta- 

 tion by imprisonment or securing the same, the party shall be discharged. 



All fines and penalties collected for violation of this act shall constitute a fund for 

 the maintenance of hatching houses for the propagation of salmon, and be disbursed 

 in aceordance with the provisions of an act entitled "An act to encourage the estab- 

 ishment of hatching houses for the propagation of salmon in the waters of the 

 Columbia River." 



SEC. 3495. All fines and penalties hereby or herein imposed shall be enforced and 

 collected as other fines and penalties, and jurisdiction to enforce such fines not herein 

 given to the justices' courts shall be vested in the circuit court of the proper county. 



SEC, 3496, It shall be unlawful to catch salmon fish with net, seine, or trap, in any 



