THE RIVER FISHERIES OF MAINE 727 



the retreating tide, but beyond low-water mark as far as it is found practicable to extend their 

 structures from the shore, in many cases to the maximum depth of 20 feet at low water. 



STATUTE LAWS. All of these fishing rights are held subject to the regulation of the legisla- 

 ture, which has not been backward in exercising its power. During the sixty j ears of the separate 

 existence of the Shite of Maine, the legislature has passed 433 acts relating to fisheries, of which 

 11 were of a general character, 51 related to the sea-fisheries, 161 to the auadromous fishes, 159 to 

 fresh-water fishes, 7 to shell-fish, 2'2 to the inspection of fish products, 7 to fish culture, and of 5 

 the precise bearing was not ascertained. In addition to this mass of legislation, we are able to cite 

 at least 48 acts of the legislature of Massachusetts-having special reference to the river fisheries of 

 Maine, besides other acts of a more general character which were also in force in the "district of 

 Maine." Of the 433 acts passed by the Maine legislature, there were 114 passed between 1821 

 and 1840, inclusive; 74 from 1840 to 1860; 245 from 1861 to 1880. Of the 161 acts relating to the 

 anadroinous fishes, 71 were passed in the first period of twenty years, 29 in the second period, 

 and 61 in the third period. Of the acts relating to the inspection of fish products, 14 were passed 

 in the first period, 3 in the second, and 5 in the third. 



The aims of legislation on the river fisheries have been : first, the preservation of the supply 

 of fish ; second, the harmonizing of conflicting interests ; third, the prevention of fraud in the sale 

 of fish products. The first object was attained by provisions compelling the removal or abatement 

 of obstructions, especially by the construction of fishways, and by a great variety of provisions 

 touching the time, mode, and extent of fishing. The second purpose was prominently in view in 

 the framing of many of the special laws instituting town fisheries in which all the citizens should 

 have an interest, and was often influential in provisions that restrict certain methods for the benefit 

 of others. And to the prevention of fraud in sale of products was devoted a long list of enactments 

 relative to the inspection of dried and pickled fish. 



In the matter of the construction of fishways it has been the uniform policy of the State to re- 

 quire the owners of dams to construct and maintain them. The courts have rendered repeated 

 decisions affirming the principle that " every owner of a mill or dam built it under the condition 

 that a sufficient passageway be allowed for the fish, and the limitation, being for the public 

 benefit, is not extinguished by any neglect to compel compliance." Provision for the enforcement 

 of this rule of law has constituted a considerable part of the legislation on the fisheries for sal- 

 mon, shad, and alewives. A heavy penalty has been attached to a breach of the law. At times 

 the dam-owners have been left to devise .for themselves such contrivances as they might, and at 

 other times officers have been appointed, and charged with the duty of deciding the plan and loca- 

 tion. Sometimes, as in a general act passed in 1741, there was provision for the appointment by 

 a court of justice of committees to inspect dams and decide all questions as to fishways. In 1786 

 it was left to committees chosen by the towns. Early in the present century the county commis- 

 sioners were assigned this duty in cases not governed'by special acts, of which, however, there 

 were very many, covering the majority of the rivers and giving fishway questions into the hands 

 of the local officers. Since 1868 the State commissioners of fisheries have had jurisdiction in such 

 matters, with power to order fishways built or repairs made at their discretion, in all cases serving 

 formal plans and specifications. 



The prominent provisions of legislation relative to time and modes of fishing are : the main- 

 tenance of yearly and weekly close-times ; the limitation of length of nets and other apparatus ; 

 the prohibition of fishing near fishways. 



The yearly close-time for salmon, shad, and alewives has generally begun from the first 

 to the last of July (sometimes as early as June 16 for shad) and extended to December. At the 



