THE RIVER FISHERIES OF MAINE. 421 
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 years of the separate 
existence of the State 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 €nadromous fishes, 159 to 
fresh-water fishes, 7 to shell-fish, 22 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 
anadromous 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 restrigt 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 
