X REPORT OF COMMISSIONER OF FISH AND FISHERIES. 



In view of such considerations as were adduced by Mr. Powel, and of 

 the contrariety of opinion on the part of State committees, it was deeme"d 

 desirable that the whole matter should be investigated by some scien- 

 tific officer of the general Government presumed to be competent to the 

 inquiry and entirely uninfluenced by local considerations. Indeed, as 

 the alleged diminution of the fisheries was in tidal and navigable waters 

 of the United States, and over which the Federal Government exercises 

 jurisdiction in other matters, it was maintained by many that the State 

 governments had no control, and that any enactments on the subject 

 must be made by Congress ; especially as, if left to the States, it would 

 be impossible to secure that harmony and concurrence of action neces- 

 sary for a successful result. 



It will be observed that in all these cases the question turned upon 

 the evidence of men who were interested in one way or another, and 

 whose daily bread might depend largely upon the conclusions arrived 

 at. Many of them had made large investments of money in nets and 

 boats, while others who had no such interests acted upon the natural 

 antipathy that seems to exist between those using the net and those 

 fishing with the line. It was also shown, by some of the testimony, that 

 in many instances persons were biased in their evidence by intimidation, 

 either expressed or understood, on the part of the owners of nets. Ad- 



the town; and in addition thereto shall have one-half the penalty that may be recov- 

 ered and paid into the treasury for any offense detected by them. 



Sec. 2. Chapter 27 of the session laws of 1869, approved June 21, 1869, is hereby 

 appealed. 



Sec. 3. After the year 1871, any person who shall set, use, or continue, or shall assist 

 in setting, or using any pound, weir, set-net, or other fixed or permanent contrivance 

 for catching fish in any of the waters within the jurisdiction of the State without the 

 written permission of the majority of the fish commissioners, shall forfeit and pay the 

 Bum of $400 to the treasury of the State. 



Sec. 4. All the provisions of the third and fourth sections of the act entitled " An 

 act in addition to an act for encouraging and regulating fisheries," passed May session, 

 1867, and approved July 26, 1867, are hereby extended and shall fully apply to this 

 act ; and all parts of acts heretofore passed which are inconsistent with this act are 

 hereby repealed. 



Sec. 5. In addition to the penalties provided in section three, any justice of the peace 

 for the county in which such pound, weir, set-net, or other fixed or permanent contri- 

 vance has been so set up, used, or continued, or where any persons shall violate any of 

 the laws of this State by fishing at such times as are prohibited by law, is hereby au- 

 thorized and directed, upon the written request of any fish commissioner br fish warden, 

 to issue his warrant commanding the sheriff, constable,- or any other proper person or 

 persons in such warrant named, to cause the same to be seized forthwith, together with 

 all the parts thereof, and all nets, seines, boats, oars, sails, tackle, ropes, and other 

 articles employed therewith, or used in violation of the laws of this State as aforesaid, 

 and to be removed and sold at public auction to the highest bidder, and, after paying 

 out of the proceeds of such sale all the expenses of such seizure, removal, and sale, to 

 deposit what remains in the treasury of the State. The provisions of this act shall not 

 apply to any pounds set for the purpose of catching white fish between the eastern 

 boundary of the town of Clinton and Pond Point, in the town of Milford. 



Sec. 6. All acts or parts of acts inconsistent herewith are hereby repealed. 



Approved July 24, 1871. 



