The Lobster Fishery of Maine Part 5

SEC. 40. It is unlawful to destroy, buy, sell, expose for sale, or possess any female lobsters in sp.a.w.n 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, a.s.sociation, 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, a.s.sociation, 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 munic.i.p.al 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 ent.i.tled 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 ent.i.tled 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 ent.i.tled 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 sh.o.r.e 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 sh.o.r.e fisheries, and all offenses under or violations of the provisions of this statute may be settled by the commissioner of sea and sh.o.r.e 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 sh.o.r.e fisheries.

SEC. 49. The commissioner of sea and sh.o.r.e 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 pa.s.sed 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 sh.o.r.e to the head of Bois Bubert Island; thence northerly to Joe Dyers Point, so called; thence by the sh.o.r.e around Long Cove and the creek; thence to the head of Pigeon Hill Bay aforesaid; thence by the sh.o.r.e 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.

IMPORTATIONS OF LIVE LOBSTERS.

For some years there have been considerable importations of live lobsters into Maine from the British Provinces, particularly from New Brunswick; previous to the closing up of the canning industry they were more numerous than at present, as considerable numbers were brought in by boat fishermen for the canneries at or near Eastport.

The importations are now made by the dealers, who frequently send their own smacks into the Provinces for a supply when lobsters are scarce in the State.

The following table shows the importations into the State, by customs districts, for the fiscal year 1898:

1898 ------------------ Customs districts. Pounds Value ------ ------ Aroostook 150 $12 Bangor. 246,991 43,507 Machias 700 91 Pa.s.samaquoddy 327,481 35,373 Portland and Falmouth 214,075 13,037 Waldoboro 43,264 3,211 Wisca.s.set 28,000 1,120

STATISTICAL SUMMARY OF THE LOBSTER INDUSTRY IN MAINE IN 1898.

The following tables show the statistical data relating to the fishery for 1898; except the wholesale trade of Rockland and Portland, which is shown elsewhere.

While Hanc.o.c.k County leads in the number of vessel fishermen with 173, Knox County has the largest number of persons transporting, 78. In the boat fishermen, Washington County leads with 639, followed closely by Knox County with 606. In the total number of persons employed Knox County leads with 749, while Washington and Hanc.o.c.k counties have very nearly the same number, 695 and 683, respectively. The total number of persons employed was 3,304.

Hanc.o.c.k County leads in the number of vessels fishing, 78, valued at $33,000, while Knox County leads in the number of transporting vessels, 33, valued at $51,900, and is also second in the number of fishing vessels. c.u.mberland County is second in the number of transporting vessels. This county has more steam transporting vessels than all the other counties combined, 8, valued at $31,200. In the matter of boats engaged in the sh.o.r.e fishery Knox County also has the preeminence, with 696 boats, valued at $37,175. Lincoln, Hanc.o.c.k, and Washington counties follow in the order named, and are all three very close to each other.

Hanc.o.c.k County leads in the number of pots used in the vessel fishery, 7,146, while Knox County is second. Knox County leads in the number of pots used in sh.o.r.e fisheries with 39,040, valued at $39,030, and is followed by Lincoln County with 29,190 pots, valued at $29,190.

In the matter of sh.o.r.e property Lincoln County leads with $16,917, although if the property used in the wholesale trade had been included in this table c.u.mberland County would lead. In the total investment Knox County leads with $169,056. Hanc.o.c.k County comes second, with $136,651, followed by Washington and c.u.mberland counties, respectively. The total investment for the whole State is $616,668.

In vessel catch Hanc.o.c.k County leads with 444,704 pounds, valued at $47,101. Knox County is second with 286,688 pounds, valued at $29,395.

In the boat catch Hanc.o.c.k County also leads with 2,198,518 pounds, valued at $204,390, while Knox County is a close second with 2,165,256 pounds, valued at $186,968. Lincoln County is third and Washington County fourth. The total catch for the State is 11,183,294 pounds, valued at $992,855.