Hollinger Corp. pH 8.5 lp YA rae /rah, Cer ‘“ wp =? Aarvidire ler ! Hpantt orf (rack VAY AA MELOAT er 1 325 'y ‘ , 4 4 AB = eee, Be VN 576 | py 1 ACT for the propagation and protection of Foop-FisHEs in the waters of the State of . ION I. Be it enacted by the General Assembly of the Commonwealth of Kentucky: That a commission of ten persons, to be styled the Fish Commission of Kentucky—who shall hold office for four years, and until their successors are appointed—shall be appointed, one from each Congressional District in the State, by the Governor, to act in conjunction with the Commissioner of the United States in stocking the waters of the State of Kentucky, by distributing the same equally in the dif- ferent waters thereof, with such fishes as they may consider best adapted to furnish cheap and nutritious food for the people of the State. And for the purpose of enabling them to employ a suitable agent to take charge of and propagate such young fish and fish-eggs as they may be able to obtain or procure, and for the purpose of erecting fish-ways over the dams in said waters and removing obstructions, thé sum of three thousand dollars is hereby appropriated. A majority of said Commis- sion shall have power and authority to select a proper agent, fix his compensation, make by-laws for the management of their business and the disbursement of the money. They shall report to the Governor of the State of Kentucky, annually, how the money hereby appropriated has been expended. The Governor shall have power to fill any vacancies that may from time to time occur in said Com- mission. Said Commission shall not receive any compensation beyond their actual expenses, which shall be paid out of this appropriation. SECTION 2. That it shall be unlawful for any person or persons to have in his or their possession any fish-trap, set-net, dip-net, or other contrivance, to be located in any of the waters of this State. And any person finding any fish-trap, set-net, or other such contrivance, located in any of said waters, shall have the right to destroy the same; and it shall be the duty of any justice of the peace, or the » judge of any county court, when information is laid before him that any fish-trap, set-net, or other such contrivance is located in any waters within the county of his residence, to direct the sheriff of . said county, or any constable thereof, to destroy such fish-trap, set-net, or other contrivance; and he ‘shall be allowed by the county court of such county the sum of fifty cents for each fish-trap, set-net, or other contrivance so destroyed, to be paid out of the county levy. ‘ SECTION 3. That any person placing, or using, in any of the waters of this State any fish-trap, set-net, dip-net, fish-rack, seine, bush or brush-drag, or other such contrivance, or gig, spear, or lance, or other such contrivance, or shall catch or take a fish from under a rock, shall be guilty of a misde- meanor, and on conviction thereof before any justice of the peace shall be fined not exceeding five dollars for each offense; and in case of failure to pay such fine and costs of prosecution shall be confined at hard labor in the jail of the county for any length of time, not exceeding one day for each two dollars of fine and costs so imposed. The proceedings before the said justice shall be by war- rant, to be tried by him as other penal cases. SECTION 4. That any person or persons who shall place in any of the waters of this State any lime or other deleterious substance, or any drug or medicated bait, or any explosive agent, with intent thereby to injure, poison, or catch fish, shall be guilty of a misdemeanor; and on conviction thereof shall be fined not exceeding twenty dollars for each offense, and on failure to pay the fine imposed, and the cost of the prosecution, shall be confined at hard labor in the jail of the county for a length of time not exceeding one day for every two dollars of said fine and costs. Any justice of the peace of the county wherein the offense is committed shall have jurisdiction to try and punish such offenses— proceeding by warrant, as in other penal cases. SECTION 5. That the Commissioners aforesaid, or their successors, shall have the right to erect suitable fish-ways to enable the fishes aforesaid to pass over the dams erected on any of the navigable waters of this State, and to pay for the same out of the appropriation made by the first section of this act; and the several county courts of the Commonwealth shall not hereafter grant permission to erect mill-dams on any of the waters of this State without requiring the persons applying therefor to provide fish-ways over said dams, such as said county court shall approve. SEcTION 6. That all fines collected for violations of any of the provisions of this act shall be paid into the treasury of the county in which said fines are imposed: provided, however, that this act shall not be construed to prevent any person from using trot-lines and gigs to catch or kill fish, or minnow- nets to catch minnows for bait. SECTION 7. This act shall take effect from its passage; but the provisions of this act shall not apply to the Ohio River, or Cumberland River below the mouth of Rockcastle River, nor to lakes on the Ohio and Mississippi River bottoms, nor shall it prevent any person from catching fish with his hands, except in spawning time: f/rovided, that no net shall be set at or within one half mile of the mouth of any tributary of the Ohio or Cumberland Rivers. W.. J. STONE, Speaker of the House of Representatives. JNO. C. UNDERWOOD, Speaker of the Senate. J. STODDARD JOHNSTON, JAMES B. McCREARY, By the Governor: ! Approved March 20, 1876. 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