In 1897 the legislature revised and consolidated the laws relating to
the sea and shore fisheries of Maine, and below are given the sections
relating to the lobster fishery adopted that year, together with the
amendments to the act adopted in 1899, which are incorporated
herewith:
SEC. 39. It is unlawful to catch, buy or sell, or expose for sale,
or possess for any purpose, any lobsters less than 10-1/2 inches
in length, alive or dead, cooked or uncooked, measured in manner
as follows: Taking the length of the back of the lobster, measured
from the bone of the nose to the end of the bone of the middle of
the flipper of the tail, the length to be taken in a gauge with a
cleat upon each end of the same, measuring 10-1/2 inches between
said cleats, with the lobster laid upon its back and extended upon
its back upon the gauge, without stretching or pulling, to the end
of the bone of the middle flipper of the tail, its natural length,
and any lobster shorter than the prescribed length when caught,
shall be liberated alive at the risk and cost of the parties
taking them, under a penalty of $1 for each lobster so caught,
bought, sold, exposed for sale, or in the possession not so
liberated. The possession of mutilated, uncooked lobsters shall be
prima facie evidence that they are not of the required length.
SEC. 40. It is unlawful to destroy, buy, sell, expose for sale, or
possess any female lobsters in spawn or with eggs attached at any
season of the year, under a penalty of $10 for each lobster so
destroyed, caught, bought, sold, exposed for sale, or possessed:
_Provided, however_, If it appears that it was intended to
liberate them in accordance with the provisions of this act, the
persons having such lobsters in possession shall not be liable
to any of the penalties herein provided for, though he may have
failed, for any cause not within his control, to so liberate them.
SEC. 41. It shall be unlawful to can, preserve, or pickle lobsters
less than 10-1/2 inches in length, alive or dead, measured as
aforesaid; and for every lobster canned, preserved, or pickled
contrary to the provisions of this section every person, firm,
association, or corporation so canning, preserving, or pickling
shall be liable to a penalty of $1 for every lobster so canned,
preserved, or pickled contrary to the provisions of this section,
and a further penalty of $300 for every day on which such unlawful
canning, preserving, or pickling is carried on.
SEC. 42. All barrels, boxes, or other packages in transit
containing lobsters shall be marked with the word lobsters in
capital letters, at least 1 inch in length, together with the full
name of the shipper. Said marking shall be placed in a plain and
legible manner on the outside of such barrel, boxes, or other
packages; and in case of seizure by any duly authorized officer
of any barrels, boxes, or other packages in transit, containing
lobsters, which are not so marked, or in case of seizure by such
officer of barrels, boxes, or other packages in transit containing
lobsters less than the prescribed length, such lobsters as are
alive and less than the prescribed length shall be liberated and
all such lobsters as are of the prescribed length found in such
barrels, boxes, or packages, together with such barrels, boxes,
and packages, shall be forfeited and disposed of under the
provisions of section 47 of this act.
SEC. 43. Every person, firm, association, or corporation who ships
lobsters without having the barrels, boxes, or other packages in
which the same are contained marked as prescribed in the previous
section shall upon conviction be punished by a fine of $25, and
upon subsequent conviction thereof by a fine of $50; and any
person or corporation in the business of a common carrier of
merchandise who shall carry or transport from place to place
lobsters in barrels, boxes, or other packages not so marked shall
be liable to a penalty of $50 upon such conviction thereof.
SEC. 44. All cars in which lobsters are kept, and all lobster cars
while in the water, shall have the name of the owner or owners
thereof on the top of the car, where it may plainly be seen, in
letters not less than three-fourths of an inch in length, plainly
carved or branded thereon, and all traps, cars, or other devices
for the catching of lobsters shall have, while in the water, the
owner's name carved or branded in like manner on all the buoys
attached to said traps or other devices, under a penalty of $10
for each car and $5 for each trap or device not so marked; and if
sufficient proof to establish the ownership of such cars or traps
can not be readily obtained, they may be declared forfeited,
subject to the provisions of section 47 of this act.
SEC. 45. All persons are hereby prohibited from setting any
lobster traps within 300 feet of the mouth or outer end of the
leaders of any fish weir, under a penalty of $10 for each offense.
SEC. 46. Whoever takes up, or attempts to take up, or in any way
knowingly and willfully interferes with any lobster trap while set
for use, without the authority of the owner thereof, shall be
punished by a fine of not less than $20, nor more than $50;
_Provided, however_, That no action, complaint, or indictment
shall be maintained under this section unless the name of the
owner of all such traps shall be carved or branded in legible
letters, not less than three-fourths of an inch in length, on all
the buoys connected with such traps.
SEC. 47. When any lobsters are seized by virtue of the provisions
of this act, it shall be the duty of the officer making such
seizure to cause such lobsters, so seized, as he is not required
by law to liberate, together with the cars, traps, barrels, boxes,
or other packages in which they are contained, to be appraised
within 24 hours after the time of such seizures by three
disinterested men residing in the county where such seizure
is made, to be selected by him, and the lobsters, cars, traps,
barrels, boxes, or other packages so seized and appraised shall
thereupon be sold by the officer making the seizure thereof, at
such time and in such manner as shall by him be deemed proper. The
officer making such seizure and sale shall within ten days after
the time of such seizure file a libel in behalf of the State
before a trial justice, or a judge of a police or municipal court
of the county in which such seizure was made, setting forth the
fact of such seizure, appraisal, and sale, the time and place of
the seizure, the number of lobsters, cars, traps, barrels, boxes,
or other packages so seized and sold, and the amount of the
proceeds of such sale; and such trial justice or judge shall
appoint a time and place for the hearing of such libel, and shall
issue a notice of the same to all persons interested to appear at
the time and place appointed, and show cause why the lobsters,
cars, traps, barrels, boxes, or other packages so seized and sold,
and the proceeds of such sale, should not be declared forfeited,
which notice shall be served upon the owner, if known, and by
causing an attested copy of such libel and notice to be posted in
two public and conspicuous places in the town in which the seizure
was made, seven days at least before the time of hearing.
If any person appears at the time and place of hearing, and claims
that the lobsters, cars, traps, barrels, boxes, or other packages
so seized and sold were not liable to forfeiture at the time of
seizure, and that he was entitled thereto, the trial justice or
judge shall hear and determine the cause, and if he shall decide
that such lobsters, cars, traps, barrels, boxes, or other
packages, at the time of seizure, were not liable to forfeiture,
and that the claimant was entitled thereto, he shall order the
proceeds of such sale to be paid to the claimant; if no claimant
shall appear, or if such trial justice or judge shall decide that
such lobsters, traps, cars, barrels, boxes, or other packages, at
the time of the seizure, were liable to forfeiture, or that the
claimant was not entitled thereto, he shall decree a forfeiture of
such lobsters, cars, traps, barrels, boxes, or other packages, and
of the proceeds of sale, and shall order the proceeds of sale,
after deducting all lawful charges, to be paid to the county
treasurer, and by him to the State treasurer, to be used as
directed in section 48 of this act, and shall render judgment
against the claimant for costs to be taxed as in civil suits, and
issue execution therefor against him in favor of the State, which
costs, when collected, shall be paid in to the treasurer of the
county, and by him to the treasurer of the State, to be added and
made a part of the appropriation for sea and shore fisheries.
The claimant shall have the right of appeal to the next supreme
judicial court or superior court in the county, upon recognizing
and paying the fees for copies and entry as in cases of appeal
in criminal cases. The fees and costs of seizure, appraisal,
and sale, and in all other proceedings in the case, shall be as
provided by law in criminal cases, and in case a forfeiture shall
be declared, shall be paid out of the proceeds of the sale,
otherwise shall be paid by the county, as in criminal cases.
SEC. 48. All fines and penalties under this act may be recovered
by complaint, indictment, or action of debt brought in the
county where the offense is committed. The action of debt shall
be brought in the name of the commissioner of sea and shore
fisheries, and all offenses under or violations of the provisions
of this statute may be settled by the commissioner of sea and
shore fisheries, upon such terms and conditions as he deems
advisable. All fines, penalties, and collections under this act
shall be paid into the treasury of the county where the offense
is committed, and by such treasurer to the State treasurer, to be
added to and made a part of the appropriation for sea and shore
fisheries.
SEC. 49. The commissioner of sea and shore fisheries may take fish
of any kind, when, where, and in such manner as he chooses, for
the purposes of science, of cultivation, and of dissemination, and
he may grant written permits to other persons to take fish for the
same purposes, and may introduce or permit to be introduced any
kind of fish into any waters.
The following special act was passed at the 1899 session of the
legislature:
SEC. 1. No person shall take, catch, kill, or destroy any lobsters
between the 1st day of July and the 1st day of September in each
year, under a penalty of $1 for each lobster so taken, caught,
killed, or destroyed, in the waters of Pigeon Hill Bay, so called,
in the towns of Millbridge and Steuben, within the following
points, namely: Commencing at Woods Pond Point, on the west side
of Pigeon Hill Bay; thence easterly to the Nubble, on Little Bois
Bubert Island; thence by the shore to the head of Bois Bubert
Island; thence northerly to Joe Dyers Point, so called; thence
by the shore around Long Cove and the creek; thence to the
head of Pigeon Hill Bay aforesaid; thence by the shore to the
first-mentioned bound.
SEC. 2. All fines and penalties under this act may be recovered as
provided in section 48 of chapter 285 of the Public Laws of 1897.