Siate of Rhode Island.
LAWS

PROVIDENCE
E. L. FREEMAN CoMPANY, STATE PRINTERS.
1912.

State of Rhode Island.

LAWS

RELATING TO

SHELL FISHERIES,

1912.

PROVIDENCE:
E. L. FREEMAN COMPANY, STATE PRINTERS.
1912...

By transfer $ }{ 349
MAY © i8te AS

a ¥

le
COMMISSIONERS OF SHELL FISHERIES.
Pree eae ORG: aoe ae Little Compton, R. I.
JoHN H. NortHuP.: .:.-4.. 2% Apponaug, R. I.
EDWARD ATCHISON...........- Slatersville, R. I.
SAMUEL F. BOWDEN..:......-. Barrington, R. LI.
Joun G. Wiucox.....Westerly, R. I., R. F. D. No. 1.
Clerk.
BRAYTON: Av ROUND ah: So Providence, R. I.
Engineer

OO PERRY SAREU 12 occt Codie. tae Providence, R. I.

Deputy Commissioners of Shell Fisheries.

CHAREES Ay NORTHUP, |. 2a ee Apponaug, R. I.
Oni RG SNCKS: ee oe ee Bristol Ferry, R. I.
LEMAN WARDSWORTH............ Wickford, R. I.
WitiiamM B. WELDEN............ Providence, R. I.
JEssIE L. BOWDEN.»........... oe Warren. igs
TSEEAMIL AC OMITH so eee ee Pawtuxet, R. I.

Biologist and Bacteriologist.

FREDERIC P. GORHAM Atco. cote
Brown University, Providence, R. I,

Inspector of Oyster Houses.
estar AROUND. Genie. '...- Providence, ame
Inspector of Stakes and Buoys.
WaAtour Gy MASSIN Che ees ee Providence, R. I.
D. of D.
SEP“13 1916

LAWS

RELATING TO

SHELL FISHERIES,

CHAPTER 203.

OF PRIVATE AND SEVERAL OYSTER FISHER-
IES.

SecTION 1. There shall be elected by the
general assembly, in grand committee, five
commissioners of shell fisheries, one from each
county, who shall hold office for the term of five
years. The general assembly, in grand com-
mittee, at the January session in the year
nineteen hundred ten, and in each fifth year
thereafter, shall elect five members of said
board, and the members so elected shall hold
their offices until the first day of February in
the fifth year after their appointment. Any
vacancy that may occur in said offices while the
general assembly is not in session may be filled
by the governor until such time as some person
elected by the general assembly, in grand com-

4 LAWS RELATING TO SHELL FISHERIES.

mittee, to fill such vacancy, shall be qualified to
act. Any person elected by the general assem-
bly to fill such vacancy shall hold office for the
unexpired term of the person whose place he is
elected to fill. They shall have power and
authority to elect a clerk and prescribe his
duties.

Sec. 2. The said commissioners, previous
to entering upon the duties of their office, shall
severally give a bond, with sureties satisfactory
to the general treasurer, in the sum of one
thousand dollars, with condition to faithfully
perform the duties of the office according to
law.

Sec. 3. The clerk of the commissioners of
shell fisheries is hereby required to give a bond
in such sum and with such surety or sureties as
will be satisfactory to the general treasurer,
with condition faithfully to perform the duties
of the office according to law; the expense of
procuring said board shall be defrayed by the
state.

Sec. 4. The said commissioners shall make
annual report to the general assembly at its
January session of their doings and the con-
dition of this department of the public service,
including a detailed statement of all moneys

2

LAWS RELATING TO SHELL FISHERIES. 5

received and expended on account thereof; and
also including the names of all of the lessees of
said land, the number of acres leased each per-
son, and the value thereof.

Src. 5. The said commissioners shall have
an Office in the state house in the city of Provi-
dence, where the maps, charts, books, leases,
and other property connected with said com-
mission shall be kept.

Src. 6. Each of said commissioners shall,
by virtue of his office, make complaints for any
violation of the laws of this state relating to
shell fisheries, and of any subsequent amend-
ments thereof, without giving recognizance or
surety for costs

Sec. 7. The said commissioners may ap-
point such deputies as they shall deem neces-
sary for the detection and prosecution of any
violation of the laws of this state relating to
shell fisheries. Each of said deputies so ap-
pointed shall be by virtue of his office, a
special constable, and as such deputy may
without warrant arrest any person found
violating any of said laws and detain him for
prosecution not exceeding forty-eight hours,
and may seize any boat or vessel used in such 7
violation, together with her tackle, apparel

ad

6 LAWS RELATING TO SHELL FISHERIES.

and furniture, and all implements belonging
thereto.

The said commissioners may also appoint
such oyster guards as they may deem advisable
for the detection and prosecution of any person
committing depredations upon leased oyster
ground. Each of said oyster guards shall be,
by virtue of his office, a special constable, and
as such oyster guard may without warrant
arrest any person whom he may find taking
oysters wrongfully from leased oyster ground
and detain him for prosecution not exceeding
forty-eight hours, and may seize any boat or
vessel used in such wrongful taking of oysters,
together with her tackle, apparel and furniture
and all implements belonging thereto.

Said commissioners shall make all necessary
regulations for enforcing the laws of the state
relating to shell fisheries, and for executing the
duties imposed upon them by law. The annual
expense of enforcing said laws shall be paid by
the general treasurer out of the moneys re-
ceived for rentals of oyster grounds, on orders
of the state auditor, who shall draw his orders
on the general treasurer on properly presented
vouchers approved by said commissioners.
The said commissioners may expend in any

LAWS RELATING TO SHELL FISHERIES. 7

one year a sum not to exceed twelve thousand
dollars in executing all the duties imposed
upon them by law. The sum of twelve thou-
sand dollars shall include all appropriations
made for the use of the said commissioners
under whatever provision of law, with the
exception of such acts and resolutions as provide
for the salaries of the commissioners of shell
fisheries and their clerk and for such other
clerical assistance as may be necessary: Pro-
vided, however, that the said commissioners
shall not receive any compensation for any ser-
vice rendered in executing said duties, in
addition to the salary provided by law.’’

For the purpose of carrying into effect the
provisions of this act the sum of ten thousand
five hundred dollars be and the same is hereby
appropriated out of any money in the treasury
not otherwise appropriated; and the state
auditor is hereby directed to draw his orders
upon the general treasurer for the payment of
said sum or such portion thereof as may from
time to time be required, upon receipt by him
of proper vouchers approved by said commis-
sioners.

Sec. 8. Said commissioners may, unless
otherwise by statute prohibited, agree to lease

8 LAWS RELATING TO SHELL FISHERIES.

in the name of the state, by public auction or
otherwise, to any suitable person, being an
inhabitant of this state, or any corporation
chartered under the laws of this state, for the
purpose of oyster culture and the oyster busi-
ness:—Provided, that said corporation shall
have its principal place of business within this
state for the opening, shipping, and selling of
all oysters grown on ground leased to it within
this state; and provided, further, that said
corporation shall not ship out of this state any
oysters in cargo lots direct from any of the
oyster grounds leased to it; and provided,
further, that, if at any time hereafter said
corporation shall practiclly cease to carry on
actively the business aforesaid, then and there-
upon, said commissioners may cancel said lease
or leases to said corporation—any piece of land
within the state, covered by four feet of tide
water at mean low tide, as delineated upon the
plats in the office of the commissioners of shell
fisheries, and not within any harbor line:
Provided, that in Brightman’s pond or Bab-
cock’s pond, so-called, in the town of Westerly,
said commissioners may agree to lease any
piece of land therein, below mean low-water
mark, whether the same is covered by four

LAWS RELATING TO SHELL FISHERIES. 9

feet of tide water or not, to be used as a private
and several oyster fishery for the planting and
cultivation of oysters thereon, upon such terms
and conditions as they may deem proper, but
not for a longer term than ten years or for a
shorter term than five years, nor for a rent of
less than ten dollars per annum for every acre
to be leased where the water is of the depth of
less than twelve feet at mean low water, as
shown on the plats in the office of the commis-
sioners of shell fisheries, and not agreeing to
lease more than one acre at a time in one lot or
parcel to one person, firm, or corporation; but
in drawing such leases said commissioners may
include in the instrument of lease one or more
acres of land. so leased by them, and all such
leases shall be made and executed free of
expense to the lessee: Provided, however, that
any lessee or holder of oyster ground, on the
expiration of any lease thereof which is now or
which may hereafter be granted, shall upon
application to the commissioners of shell
fisheries have the preference in the re-letting of
said ground for a like term to that granted in:
the original lease, unless said applicant at the
time for granting said application shall be in
arrear for rent on said original lease of said-

10 LAWS RELATING TO SHELL FISHERIES.

ground; and said application for such renewal
or further lease shall be granted without notice
or advertisement of the pendency thereof:
Provided, however, that no renewal or further
lease of said ground shall be granted when the
commissioners of shell fisheries shall for cause
cease to lease said ground for oyster culture.
And such letting shall not be subject to the
provision for letting by public auction; and
neither of such commissioners shall at any time
be interested in any lease of ground for planting
oysters, or in the cultivation or product thereof:
Provided, however, that in Little Narragansett
Bay, and in Pawcatuck river, so-called, the
said commissioners may let such land on terms
as to time and rentals as may seem to them
best.

Sec. 9. The said commissioners may let
and lease any lands within the state covered by
tide-water where the said water is of the depth
of at least twelve feet according to the plats
in the office of the commissioners of shell
fisheries at the average low water, for the pur-
pose of having the said land used in planting
and cultivating oysters in the deep waters of
Narragansett Bay and tributaries, at an annual
rental of not less than five dollars per acre, for a

LAWS RELATING TO SHELL FISHERIES. 11

term not exceeding ten years from such letting.

Sec. 10. Any person who shall wrongfully
make claim to any public oyster ground, of
which he has no lease or title from the state, by
erecting bounds or monuments thereon of any
description, or otherwise claiming title to such
land, shall for the first offence pay a fine of
twenty dollars and costs, and for every sub-
sequent offence pay a fine of fifty dollars and
costs, one-half thereof to the use of the state
and the other half to the complainant

Suc. 11. Thesaid commissioners shall cause
the original surveying and platting of all lands
for planting and cultivating oysters under
provisions of this chapter to be done at the
expense of the state and without charge to the
lessees; and the state auditor shall draw his
order for the payment of said surveys and plat-
ting upon the general treasurer, upon properly
presented vouchers approved by said commis-
sioners, and the general treasurer shall pay said
orders out of any moneys that may be in his
hands not otherwise appropriated.

Sec. 12. The said commissioners may at
the request of the lessee, for cause shown, cancel
or modify any lease, or they may remit or
abate the rent received therein, if it shall

12 LAWS RELATING TO SHELL FISHERIES.

appear to the satisfaction of the commis-
sioners, that it would be equitable so to do:
Provided, that in all cases where leases are
cancelled, the commissioners shall give notice
of such action within five days by publication,
twice a week for two successive weeks, in some
daily newspaper published in the city of
Providence.

Sec. 13. The said commissioners shall not
let any land north of a line extended across
Providence river bearing 8 40°-30’ W, true
meridan, from the copper bolt set in the rock
near the end of Kettle Point, to Field’s Point,
or let any lands west of a line drawn from
Warwick Neck Light bearing 8 55°-16’—02” W,
true meridan, to Pojack Point at Potowomut
Neck; or let any lands in Sakonnet River south
of the railroad bridge; or let any lands in shore
of the four-foot line, as delineated on the plats
in said commissioners’ office, or any land lying
between a line running due east and west
through the middle point of the Rhode Island
Yacht Club building, northerly of Pawtuxet
Neck, and a line running due east and west
through the center of Pomham beacon, and
west of the channel; or let the channel between
Long Neck and Marsh Island flats from the

LAWS RELATING TO SHELL FISHERIES. 13

channel in the Providence river to the bridge in
Pawtuxet; or let any of the ponds in Little
Compton, South Kingstown, New Shoreham,
Tiverton, Portsmouth or Westerly, or the cove,
so-called, in the town of Portsmouth, except
Brightman’s pond or Babcock’s pond, so-
called, in said Westerly: Provided, however,
that said commissioners shall not let more than
three acres in said Brightman’s or Babcock’s
pond to any one person; and provided, further,
that every person to whom any of the lands in
said Brightman’s or Babcock’s pond shall be
let under the provisions of this chapter shall
have had his home and residence in this state
for a period of three years next preceding the
letting thereof; and provided, further, that
nothing in this section shall be so construed as
to aifect any of the lands which have been
leased or the re-leasing thereof.

Sec. 14. The said commissioners shall give
notice of every application for a lease of land
for the planting of oysters by publication twice
a week for two successive weeks in some daily
newspaper published in the city of Providence,
and also once a week for two successive weeks
in some newpaper published in the county
nearest to which the ground is located, describ-

14 LAWS RELATING TO SHELL FISHERIES.

ing the land therein applied for and giving the
name and residence of the applicant and the
day, hour, and place where the land will be let;
which day shall in all cases where the first
hearing upon such an application is to be had be
upon the first or third Friday of the month,
and the commissioners may give such further
notice of such application as they may deem to
be necessary to inform persons interested of the
pendency of such application, and the actual
costs of publishing said notices shall be paid
by the applicants.

Suc. 15. Said commissioners may adjourn
~ such hearing from time to time, and may issue
process to compel the attendance of witnesses
for either party, and shall give notice to all
parties who have appeared before them upon
any application of the time and place when their
decision will be given; and such decision shall
be final, unless appellate proceedings are taken
and prosecuted as hereinafter provided.

Sec. 16. Any person aggrieved by the
decision of the commissioners upon any applica-
tion for a private or several oyster-ground or
oyster-fishery may petition the supreme court
for a reversal or modification of such decision.

LAWS RELATING TO SHELL FISHERIES. 19

Sec. 17. Application for citation in such
case shall be made to the clerk of said common
pleas division within five days from the day
such decision shall have been made, and the
petitioner shall, at or before the time for filing
his petition, file with said clerk a copy of the
proceedings before the commissioners, and a
bond, signed by him or by some one in his
behalf, with sufficient surety, in the sum of
fifty dollars, payable to said clerk for the use of
the state, with condition to prosecute such
petition to final judgment and to pay such
witness fees and the costs of summons incurred
by any party opposing such petition as the
court shall award, in case the decision of the
commissioners shall not be reversed.

Sec. 18. Such case shall be heard and tried
in the same manner as other cases entered upon
the docket of said court, and the judgment of
the court (which shall be entered immediately
upon the rendition of decision or verdict) shall
be conclusive upon the question whether said
land shall or shall not be leased, and the com-
missioners shall grant or refuse a lease accord-
ingly. |

Sec. 19. Such leases shall be executed by
such lessee, as well as by said commissioners

16 LAWS RELATING TO SHELL FISHERIES.

in two parts, one part thereof to be delivered to
such lessee and the other part thereof to be
retained by said commissioners and recorded
in a book kept for that purpose, and shall
contain proper covenants for the payment of
rent and the performance of the conditions
and observance of the restrictions therein set
forth, with proper clauses reserving to said
commissioners a right to re-enter on behalf
of the state and terminate said lease for breach
of any of such covenants.

Sec. 20. Said commissioners shall, before
eranting any such lease, cause the land to be
leased as aforesaid, to be surveyed and platted,
and shall in all cases cause such land to be
marked with proper bounds, stakes or buoys to
define the limits thereof,. with such marks
thereon as they may direct. Such bounds,
stakes or buoys, with the marks thereon, shall
be renewed or removed whenever the commis-
sioners shall direct.

All buoys used in connection with bounding
or subdividing shell fish grounds or: for any
purpose whatsoever in connection with the
enjoyment of the rights and privileges granted
by the leasing of shell fish grounds, shall be

LAWS RELATING TO SHELL FISHERIES. 17

under the supervision and care of the said
commissioners.

Said commissioners may designate the kind
and style of stake or buoy which shall be used
for the purpose of marking shell fish grounds
and make any suitable regulations in reference
to the same: Provided, however, that driven
stakes shall not be used as bounds or other
marks on such shell fish grounds, except on
the inside or shoreward boundaries of said
grounds, and in no case in more than six feet
of water at mean. low tide.

Said commissioners are hereby empowered
to investigate all complaints brought to their
notice and in their discretion to remove or
cause to be removed any stake or buoy located
on any leased shell fish ground and used for
the purpose of bounding, subdividing or other-
wise marking said ground, which in their
judgment, is in an improper position or con-
dition or does not conform to any regulation
which they may make.

Also, said commissioners may in their
discretion remove or cause to be removed all
such stakes or buoys which may be on shell
fish ground where the lease of the same has
terminated.

18 LAWS RELATING TO SHELL FISHERIES.

Also, said commissioners may remove or
cause to be removed any stake or buoy used
for the purpose of marking or bounding shell
fish beds which may be improperly located on
land not leased.

In case the commissioners remove or cause to
be removed any stake or buoy from leased
ground, the cost of removal shall be collected
from the lessee. Such cost shall become a
charge against said lessee and subject to collec-
tion in the same manner as is the yearly rent
under the lease for said ground.

Any person willfully violating the require-
ments, orders or regulations respecting bounds,
stakes or buoys as determined by said com-
missioners shall for the first offence be fined
not more than twenty dollars and for each
subsequent offence shall be fined not more
than one hundred dollars.

Sec. 21. The drawing and executing of
such leases, the original surveying and platting,
shall be done by said commissioners without
expense to the lessees. The setting up of the
bounds, stakes, or buoys shall in all cases be
done by the lessee under the direction of the
commissioners.

LAWS RELATING TO SHELL FISHERIES. 19

‘Sec. 22. Every person who shall willfully
injure, deface, destroy, or remove such marks
or bounds, or deface any mark thereon, or shall
tie or fasten any boat or vessel to any such
stake or buoy, shall be fined twenty: dollars
for each offence, one-half thereof to the use of
the state and one-half thereof to the use of the
complainant. Every such person shall, in
addition thereto, be liable in an action of the
case to pay double damages and costs to the
person who shall be injured by having the
marks and bounds, stakes, or buoys of their
said lots injured, defaced, removed, or de-
stroyed as aforesaid.

Sec. 23. The oysters planted or growing
in any private oyster ground leased as afore-
said shall, during the continuance of the lease,
be the personal property of the lessee of such
oyster-ground. As a measure of value and in
lieu of other taxation upon such personal
property an annual tax equal to ten per centum
of the rental payable by the lessees of all such
oyster ground leased by said commissioners of
shell fisheries is hereby imposed upon the lessees
thereof respectively of record on the thirty-
first day of December next preceding the pay-
ment of such tax. The commissioners of shell

20 LAWS RELATING TO SHELL FISHERIES.

fisheries shall annually on or before the first
day of March return to the board of tax com-
missioners a list, certified by such commissioner
of shell fisheries, showing the names and
residences of such lessees, the acreage leased
and the rentals payable respectively. The
board of tax commissioners, on the first business
day of June in each year, shall assess such tax
and enter the amount thereof against the name
of each lessee. Said board shall certify to the
correctness of such assessment and deliver a
duly attested copy thereof, as a public record,
to the general treasurer, who shall receive and
collect the taxes so assessed, and said board
shall also forthwith mail a notice of the amount
of the tax to each such lessee, but the failure
to receive such notice shall not excuse the non-
payment of said tax. Any tax assessed against
any lessee which shall remain unpaid after the
fifteenth day of July next succeeding such
assessment shall bear interest from the first
day of such July at the rate of eight per centum
per annum until paid. The general treasurer
shall forthwith after the fifteenth day of such
July certify to the commissioners of shell
fisheries a list of the lessees whose taxes have
not been paid, together with the amount of the

LAWS RELATING TO SHELL FISHERIES. 21

tax assessed against each, and the commis-
sioners of shell fisheries may proceed to enforce
the collection of any tax assessed under this
section, with accrued interest in like manner
as provided in section twenty-six of this pete
for the collection of rents.

$c. 24. Every person who shall work a
dredge, pair of oyster tongs or rakes, or any
other implement for the taking of shellfish of
any description, upon any private and several
oyster ground or bed without the consent of
the lessee or owner thereof, or who shall,
while upon or sailing over any such ground or
bed, cast, haul, or have overboard any such
dredge, tongs, rake, or other implement for the
taking of shellfish of any description, under any
pretense or for any purpose whatever, without
the consent of such lessee or owner, shall for
the first offence be fined not exceeding twenty
dollars or be imprisoned not exceeding thirty
days, and for every subsequent offence shall be
fined not exceeding one hundred dollars or be
imprisoned not exceeding six months.

SEC. 25. Said commissioners shall from
time to time diligently inspect and ascertain
whether or not the terms and restrictions of the
leases are kept and performed in a just and

22 LAWS RELATING TO SHELL FISHERIES.

proper manner, and whether or not the rents ~
are punctually paid; and in case said terms and
restrictions are not kept and performed, or
said rents are not punctually paid, the com-
missioners shall forthwith enter upon the land
so leased and terminate the lease.

Sec. 26. The commissioners may, in the
name of the state, institute any legal proceed-
ings that may be necessary for the collection of
such rent. The commissioners may take pos-
session of any lot lease, upon which the rent
shall not have been paid, and may dispose of
said lot with all the oysters thereon at: public
auction to the highest bidder, first giving notice
of the time and place of sale by publishing the
same at least once each week for two successive
weeks in some newspaper published in the city
of Providence, with power to adjourn such sale
from time to time, giving like notice of such
adjournment; to make and execute to the pur-
chaser at such sale a good and sufficient con-
veyance of all the right, title, and interest of
said lessee in and to the lot leased, together
with the oysters thereon; and to receive the
proceeds of such sale, and from said proceeds
to retain all sums due and owing the state for
rent as aforesaid, together with all expenses

LAWS RELATING TO SHELL FISHERIES. 23

incident to such sale, rendering and paying the
surplus of said proceeds of sale, if any there be
over and above the amounts so to be retained
as aforesaid, to said lessee, his heirs, executors
administrators, or assigns.

Sec. 27. Every person who shall take
oysters from any private and several oyster
bed, except between the hours of sunrise and
sunset, shall be fined twenty dollars for each
offence, one-half thereof to the use of the state
and one-half thereof to the use of the complain-
ant; and every boat or vessel used or in any
way employed in so doing shall, together with
its tackle, apparel, furniture, and implements
on board, be forfeited.

Sec. 28. Every person who shall wrongfully
take and carry away oysters from a private
oyster bed shall for the first offence be fined
fifty dollars and be imprisoned for thirty days,
and for every subsequent offence shall be fined
one hundred dollars and be imprisoned for
- six months.

Sec. 29. Any police constable may in view
of the commission of any offence against the
provisions of this chapter upon any of the public
waters of the state arrest the offender without

24 LAWS RELATING TO SHELL FISHERIES.

warrant and detain him for prosecution not
exceeding twenty-four hours.

Sec. 30. Every person who shall wilfully
break up, damage, or injure any bed of oysters,
or any tract of land leased from the state for
an oyster bed, by depositing thereon earth,
stones, or dredgings or scoopings from the river
or docks, or in any other manner, shall be fined
not exceeding five hundred dollars, one-half
thereof to the use of the state and one-half
thereof to the use of the complainant; and shall
forfeit his boat or vessel, with her tackle, ap-
parel and furniture, and all the implements by
him used in injuring such oyster bed.

Sec. 31. Every person convicted a second
time of a violation of any of the provisions of
this act shall, in addition to the penalties
herein before mentioned, be deprived of the
privilege of fishing for oysters in the waters of
the state for the space of three years thereafter, ©
under penalty of thirty days imprisonment for
each offence.

Sec. 32. Every person who shall take more
than two bushels of oysters during any one
day from Trustan pond, in South Kingstown,
shall be fined not less than five dollars nor more

LAWS RELATING TO SHELL FISHERIES. 25

than twenty dollars for every bushel so taken
above two bushels.

Sec. 33. Each of said commissioners shall
be by virtue of his office a special constable,
and, as such commissioner, may arrest any
person found violating any of the provisions of
this act, and may seize any boat or vessel, with
her tackle, apparel, and furniture, and all
implements belonging thereto, when employed
‘in taking oysters or in injuring any oyster
bed in violation of the provisions of this act, and
shall make complaint when called upon to do
so for all such violations, and in any such com-
plaint he shall not be required at the time of
complaint or thereafter to enter into recog-
nizance or in any way to become liable for the
costs that may accrue thereon; and the attor-
ney-general shall, when notified to do so by the
complainant, prosecute all such complaints
in the court where the same shal] be made or be
pending; and all cases of appeal thereof from
the sentence of a district court, and all questions
arising under the same, or under any complaint
and warrant made under the provisions of this
act, in either division of the supreme court,
shall be conducted by said attorney-general.

26 LAWS RELATING TO SHELL FISHERIES.

Sec. 34. A surveyor may be employed to
fix the place or otherwise to designate the
locality of any violation of the provisions of
this act, and reasonable charges of such sur-
veyor for such service shall be allowed by the
court, if said employment shall be by said court
deemed to have been necessary; and such
charges when allowed as aforesaid shall be
taxed in the bill of costs.

Sec. 35. All leases of oyster grounds here-
tofore granted by the commissioners of shell
fisheries to any party or parties residents of
this state are hereby validated and confirmed.

CHAPTER 205.
OF THE PROTECTION OF QUAHAUGS.

SECTION 1. Every person who takes or has
in his or her possession any quahaugs less
than one and one-half inches in diameter, tak-
ing the largest diameter, taken from any
waters of this state, shall be fined five dollars
for each and every quart; but any person
taking any quahaugs less than one and one-
half inches in diameter, taking the largest di-

LAWS RELATING TO SHELL FISHERIES. 27

ameter, from any of the waters of this state,
and immediately returning the same, unmuti-
lated, to the water from which they were
taken, shall not be subject to such fine.

Sec. 2. Every person who shall take any
quahaugs from the waters of this state by
dredges or rakes operated or hauled by power-
boats shall be fined twenty dollars for each
bushel so taken.

Sec. 3. Fines incurred by violation of any
of the foregoing provisions shall enure one-
half thereof to the use of the state and one-
half thereof to the use of the complainant.

CHAPTER 209.

OF THE SCOLLOP FISHERIES.

SECTION 1. Every person who shall take
any scollops from any of the waters of this state
between the hours of sunset and sunrise shall
be fined twenty dollars and be imprisoned not
more than thirty days for each such offence.

Sec. 2. Every person who shall take, in any
one day, from any of the waters of this state,
more than twenty-five bushels of scollops,
including the shells, for each boat actually

28 LAWS RELATING TO SHELL FISHERIES.

employed by him in taking the same, shall be
fined twenty dollars and be imprisoned not
more than thirty days for each such offence.

Sec. 3. Every person who shall take any
scollops from any of the waters of this state, by
dredging or by any other means, at any time
between the first day of January and the first
day of September, shall be fined twenty dollars
and be imprisoned not more than thirty days
for each such offence; but nothing in this section
shall be so construed as to prevent any person
from taking scollops, lawfully caught and bed-
ded by him, from the grounds in which he has
planted them, at any time between the first
day of January and the fifteenth day of April;
but it shall be lawfully for any person, at any
time, to take sclolops from the shores of this
state by hand, for food for his own personal or
family use and not for sale, said scollops not
being covered by water at the time of the
taking. ;

Sec. 4. Every person who shall take any
seed scollops from any of the waters of this
state, by dredging or by any other means, or
shall have in his possession any seed scollops
and shall fail immediately to restore them to
their natural beds, shall be fined twenty dollars

LAWS RELATING TO SHELL FISHERIES. 29

and be imprisoned not more than thirty days
for each such offence. For the purpose of this
act a seed scollop shall be a scollop with a bright
thin, slightly curved shell, with no foreign
adherent, the shell having no sharply defined
growth line, and the scollop being less than one
year old.

Sec. 5. Every person, before engaging in
the taking of scollops, shall obtain from the
commissioners of shell fisheries a license for
his boat or boats, the fee for which shall be five
dollars for every boat thus engaged. And
every person who shall take any scollops from
any of the waters of this state without first
obtaining such license from said commissioners
shall be fined twenty dollars and be imprisoned
not more than thirty days for each such offence:
Provided, however, that nothing in this section
contained shall be so construed as to prevent
any person from taking one bushel of scollops
per day for his own use; and provided, further,
that no boat shall be allowed to have more than
two men, each of whom shall be allowed one
bushel for his own use.

Sec. 6. All licenses shall expire on the
thirty-first day of December of each year; and
for every license issued by said commissioners

30 LAWS RELATING TO SHELL FISHERIES.

there shall be paid to the clerk thereof a fee of
twenty-five cents for his own use: Provided,
that every person to whom a license is granted
under the provisions of this act shall have had
his home and residence in this state for the
period of one year next preceding the granting
of such license or the renewal thereof.

Suc. 7. The commissioners of shell fisheries
shall provide a number for every boat licensed
by them; said number shall be black, eight
inches in length, and shall be exposed in a con-
spicuous place upon each boat upon a white
surface, and the deputies shall keep a record
of all such licensed boats in a book kept for
that purpose.

SEc. 8. Every person who shall open any
scollops while catching them or throw the shells
onto the scollop beds, and every person who
shall throw back into the water any starfish,
shall be fined twenty dollars and be imprisoned
not more than thirty days for each such offence.

Sec. 9. Any person who shall offer for
sale any scollops between the 15th day of
April and the Ist day of September shall be
fined twenty dollars and be imprisoned not
more than thirty days for each such offence.

LAWS RELATING TO SHELL FISHERIES. 31

Sec. 10. The commissioners of shell fisher-
ies shall appoint at least four deputies, whose
duties shall be the enforcing of the provisions
of this chapter; they shall be selected one from
Bristol county, one from Kent county, one
from Newport county, and one from Washing-
ton county. Each of said deputies appointed
as aforesaid shall be by virtue of his office a
special constable, and as such deputy may,
without warrant, arrest any person found
violating any of the provisions of this chapter
and detain him for prosecution not exceeding
twenty-four hours. ‘The commissioners and
their duly appointed deputies may search in
suspected places, or go upon any boat or vessel
that they may believe is used in the illegal tak-
ing or transportation of scollops, and may seize
and remove scollops taken, held, or offered for
sale in violation of the provisions of this
chapter.

Said deputies shall not be required to enter
into recognizance or become liable for costs.

Sec. 11. Fines incurred under any of the
provisions of this act shall inure one-half thereof
to the use of the complainant and one-half
thereof to the use of the state.

32 LAWS RELATING TO SHELL FISHERIES.

Sec. 12. The several district courts shall
have concurrent jurisdiction with the common
pleas division of the supreme court over ail
offences under this chapter and to the full ex-
tent of the penalties therein specified; parties
defendant, however, having the same right to
appeal from the sentences of said district courts
as 1s now provided by law in other criminal
cases.

CEA P THR oy @.

AN ACT IN AMENDMENT OF CHAPTER 206
OF THE GENERAL LAWS, ENTITLED “OF
THE PROTECTION OF THE SHELL FISHER-—
IES IN THE PUBLIC WATERS OF THIS
SAE

SEecTION 1. Chapter 206 of the General
Laws, entitled ‘Of the protection of the shell
fisheries in the public waters of this state,”
is hereby amended to read as follows:

“Section 1. No person shall deposit in, or
allow to escape into, or shall cause or permit
to be deposited in, or allowed to escape into,
any of the public waters of this state, any sub-
stance which shall in any manner injuricusly
affect the growth or sale of the shell-fish in or

LAWS RELATING TO SHELL FISHERIES. 33

under said waters, or which shall in any manner
affect the flavor or odor of such shell-fish so as
to injuriously affect the sale thereof, or which
shall cause any injury to the public and private
fisheries of this. state.

“Sec. 2. Any person violating any of the
provisions of this chapter shall, upon conviction
thereof, be fined not less than five hundred
dollars or more than two thousand dollars,
one-half thereof to the use of the complainant
and one-half thereof to the use of the state:
Provided, that in case of conviction upon pro-
secution by the commissioners of shell fisheries,
the whole of any fine imposed shall go to the
use of the state.

“See. 3. Every person violating any of the
provisions of this chapter shall be liable to pay,
to the party injured by such violation, double
the amount of damages caused thereby, to be
recovered in an action of the case in any court
- of competent jurisdiction. It shall not be
necessary, before bringing suit for the recovery
of such damages, for a criminal prosecution to
_ have been first instituted for the violation of
the provisions of this chapter, nor shall the
recovery of damages under this section be a bar
to such criminal prosecution.

34 LAWS RELATING TO SHELL FISHERIES.

“Sec. 4. It shall be the duty of the com-
missioners of shell fisheries to investigate all
complaints made to them of the violation of any
of the provisions of this chapter. For the
purpose of such investigation said commis-
sioners may make examination of the premises,
hold public hearings, summon witnesses, and
take testimony under oath, and they shall have
power to punish, by fine or imprisonment or
both, all contempt of their authority in any
hearing before them. They may employ pro-
fessional or expert services, as they may deem
desirable.

‘Sec. 5. It shall be-the duty of the shell-
fish commissioners to prosecute any person in
their opinion guilty of the violation of any of the
provisions of this chapter, and in all such prose-
cutions said commissioners shall not be re-
quired to enter into any recognizance or to give
surety for costs. It shall be the duty of the
attorney-general to conduct the prosecution
of all cases brought by said commissioners
under the provisions of this chapter. Com-
plaints may also be brought and prosecuted by
any citizen for any violation of its provisions.

“Sec. 6. The expenses incurred by the
commissioners of shell fisheries in the perform-

LAWS RELATING TO SHELL FISHERIES. 35

ance of the duties imposed upon them by this
chapter shall be paid by. the general treasurer,
out of any funds in the treasury not otherwise
appropriated, upon the presentation of vouch-
ers therefor duly certified by their chairman.
“Sec. 7. The commissioners of shell fish-
eries shall inspect the premises designated in
Section 8 of this chapter, at such times as they
may deem advisable, for the purpose of de-
termining whether said premises are kept in a
proper sanitary condition for opening, hand-
ling, or packing shell-fish for the trade. Also
said commissioners shall inspect the methods
followed on the premises in opening, packing,
or preparing shell-fish for the trade, to deter-
mine whether such methods are proper from
a sanitary standpoint.
“Sec. 8. The premises which come within
the scope of this act are all establishments
where oysters or other shell-fish are opened,
packed, or prepared for the trade. Retail or
wholesale markets where shell-fish are sold
which purchased from the original opening or
packing houses designated in this section shall
not come within the scope of this chapter.
“See. 9. Said commissioners shall inspect
any or all the leased oyster grounds and other

36 LAWS RELATING TO SHELL FISHERIES.

shell-fish grounds within the state, at such
times as they may deem advisable, to determine
whether said grounds are in a proper sanitary
condition for the production of shell-fish for
consumption as food.

“Sec. 10. Said commissioners may make
such regualtions in regard to sanitation as they
may deem advisable, from time to time, with
reference to the sanitary handling of shell-fish
and with reference to maintaining opening or
packing houses in a proper sanitary condition.

“Sec. 11. Said commissioners may issue
certificates from time to time to any person
whose premises or grounds are found by them
to be in a sanitary condition, setting forth that
they have examined such opening or packing
house or such shell-fish ground and that the
methods followed in the preparation of oyster
or other shell-fish in such opening or packing
house are sanitary and that the grounds in-
spected are in proper sanitary condition for
the production of shell-fish for consumption
as food.

“Sec. 12. No person shall take shell-fish
from any grounds which are not certified by
said commissioners as being in a sanitary con-
dition, except for the purpose of transplanta-

- LAWS RELATING TO SHELL FISHERIES. 37

tion. No person shall prepare shell-fish for the
trade except on premises and by methods
certified by said commissioners as being sani-
tary.

“Sec. 18. Any person who shall violate any
sanitary regulation made by said commis-
loners, as provided for in Section 10, shall be
fined $20 for the first offence, and for each
subsequent offence $100 and be imprisoned
not more than ninety days in jail. Any person
violating the provisions of Section 12 of this
chapter shall be fined $20 for the first offence,
and for each subsequent offence $100 and be
imprisoned not more than ninety days in jail.

“Sec. 14. It shall be the duty of the eom-
missioners of shell fisheries to prosecute any
person in their opinion guilty of the violation
of any of the provisions of this chapter, and in
all such prosecutions said commissioners shall
not be required to enter into any recognizance
or to give surety for costs. it shall be the duty
of the attorney-general to conduct the prose-
eution of all cases brought by said commis-
sioners under the provisions of this act.”

Sec. 2. This act shall take effect upon its
passage,excepting the above Sections numbered
12, 18, 14, which sections shall take effect

38 LAWS RELATING TO SHELL FISHERIES.

July 1, 1910, and the act numbered “Senate
136, Substitute A,” passed at the January
session, A. D. 1910, and approved April 26,
A. D. 1910, and all other acts and parts of acts
inconsistent herewith, are hereby repealed.

CHAPTER 852.

AN ACT REGULATING FISHING FOR SHELL
FISH UPON THE FREE AND COMMON FISH-
ERIES.

SEcTION 1. No person shall take any
oysters from the free and common oyster
fisheries northerly of Field’s Point and Kettle
Point, in this state, between the first day of
June in any year and the first day of April in
the following year, or from the free and common
oyster fisheries in any of the other waters of this
state between the fifteenth day of May and the
fifteenth day of September of any year. Any
person who.shall take any oysters or expose any
oysters for sale taken from the free and common
fisheries aforesaid in violation of the foregoing
provisions shall be fined twenty dollars and
_ costs for each offence.

Sec. 2. The commissioners of shell fisheries
may, from time to time, issue a license to any

*

LAWS RELATING TO SHELL FISHERIES. 39

person, an inhabitant of this state, permitting
him to take oysters, clams or quahaugs from
the free and common fisheries, subject to the
provisions of this chapter, and may also issue
a license to the owners of any boat used in
taking oysters, clams or quahaugs from the
‘free and common fisheries, and may, for cause
which appears sufficient to a majority of said
commissioners, revoke and terminate any
license issued as aforesaid. Said commis-
sioners may make such rules and regulations,
from time to time, as they may deem expedient
for the issuing of said licenses, but no license
issued under this chapter shall be valid, how-
ever, before the licensee shall endorse his name
in his own hand-writing thereon, and no license
shall be transferrable.

Src. 3. No person shall take any oysters,
clams or quahaugs from the free and common
fisheries of this state, unless he shall, at the
time, have a license from the commissioners of
shell fisheries permitting him so to do: Pro-
vided, however, that nothing in this act shall be
construed so as to prevent any person from
taking, in any one day, without a license, not
more than one bushel of oysters, clams or
quahaugs for his own use.

40 LAWS RELATING TO SHELL FISHERIES.

No person shall use a boat in fishing for
oysters, clams or quahaugs from the free and
common fisheries of this state unless the owner
of such boat shall, at the time, have a license
from said commissioners permitting said boat
to be so used: Provided, however, that a boat
may be used, without a license, for the purpose
of taking, in any one day, one bushel of oysters,
clams or quahaugs for the use of each of the
occupants thereof.

Src. 4. Each person shall pay the said com-
missioners the sum of one dollar for a license to
fish from the free and common fisheries; and the
owner of each boat used in fishing for oysters,
clams or quahaugs from the free and common
fisheries shall pay to the said commissioners the
sum of one dollar for a license to so use said
boat.

Suc. 5. Every person holding a license as
provided by this act shall have the same in his
possession at all times while fishing from the
free and common fisheries, and he shall present
the same for inspection on demand to any police
or special officer; and any person refusing to so
present said license for inspection upon demand
shall be fined not less than five nor more than
twenty dollars for each offence.

LAWS RELATING TO SHELL FISHERIES. 41

Src. 6. Every person who shall take, at
any one time, more than one bushel of oysters,

clams or quahaugs from the free and common

fisheries of this state without a license as afore-
said, shall be fined twenty dollars and costs,

or be imprisoned not more than thirty days or
‘both. |

SEc. 7. The commissioners of shell fisheries
shall provide a number for each boat licensed by
them and the same shall be displayed upon all
boats licensed, in such manner as the commis-
sioners may direct.

Src. 8. No licensed person shall cast, haul
or have overboard any dredge, while fishing
for oysters, clams or quahaugs from the free
and common fisheries, nor shall any licensed
boat be used for fishing for oysters, clams or
quahaugs with dredges, except as hereinafter
provided.

Any person having a license for the taking of
scollops, as provided by Chapter 209, may use a
dredge for such purpose, provided said person
shall immediately return all oysters or quahaugs
caught by him, to the waters from whence taken
while so fishing. Any licensed boat may be
used in dredging for muscles by the licensee of
said boat, the said licensee first obtaining a

42 LAWS RELATING TO SHELL FISHERIES.

permit from the commissioners of shell fisheries
allowing him so to do. ‘The said licensee, while
dredging for muscles under the permit granted
him by the said commissioners of shell fisheries,
shall immediately return all oysters or quahaugs
caught by him to the waters from whence taken:
The fact of any licensed person being found with
oysters or quahaugs in his possession while
dredging for muscles or scollops, shall be prima
facie evidence that such person is fishing in
violation of the provisions of this chapter and
shall be subject to the penalties and fines there-
of.

Sec. 9. No person shall use any boat for
the purpose of taking or catching any oysters,
quahaugs or scollops from any of the free and
common fisheries of this state except between
sunrise and sunset on each day.

Sec. 10. No licensed person shall take
more than twenty bushels of oysters, clams or
quahaugs, including shells in either case,
during any one day from the free and common
fisheries, and any licensed person taking more
than twenty bushels of oysters, clams or
quahaugs, during any one day from the free
and common fisheries, shall be fined twenty
dollars for every bushel so taken over and

LAWS RELATING TO SHELL FISHERIES. 43

above said twenty bushels, or be imprisoned
- not more than thirty days, or both.

Sec. 11. Any person whose license has
been revoked or cancelled, shall not receive
another license to fish for oysters, clams or
quahaugs upon the public fisheries of the state,
or to use a boat therefor, for the period of one
year from the date of such revocation or can-
cellation.

Sec. 12. All moneys received by said com-
missioners under this act and all fines incurred
under any of the provisions of this act, shall be
paid over to the general treasurer and held by
him during the current year for use as herein
provided, any balance remaining at the end of
the year to be paid into the general fund.

The said commissioners are hereby author-
ized to expend so much of the money received,
as herein provided, as may appear to be re-
quired for carrying out the provisions of this
chapter.

Sec. 138. The deputies appointed under
Section 7 of Chapter 203 of the General Laws
are hereby required to enforce the provisions
of this chapter. Each of said deputies ap-
pointed as aforesaid shall be by virtue of his
office a special constable and as such deputy

44 LAWS RELATING TO SHELL FISHERIES.

may, without warrant, arrest any person found
violating any of the provisions of this act and
detain him for prosecution not exceeding forty-
eight hours. The ‘commissioners of shell
fisheries and their duly appointed deputies
may without warrant go upon any boat or
vessel that they believe is used in the illegal
taking or transporting of oysters, clams or
quahaugs and may seize and remove such oys-
ters, clams or quahaugs held or offered for sale
in violation of the provisions of this act.

Sec. 14. No person shall be licensed to
_take any shell-fish from within the public
fisheries of this state unless he and his employers
are at the time, and have been for one year
next preceding, inhabitants of this state.

Sec. 15. Any person violating any of the
provisions of this act shall be fined twenty
dollars and costs for each offence unless a
specific penalty is eon herein for such
violation.

Src. 16. Any person convicted a second
time of a violation of any of the provisions of
this act shall, in addition to the penalties
before mentioned, be deprived of the privilege
of fishing, for shell-fish, within the state, for
three years thereafter under a penalty of

LAWS RELATING TO SHELL FISHERIES. 45

thirty days imprisonment for each offence.

Sec. 17. It shall be the duty of the com-
missioners of shell fisheries to prosecute any
person in their opinion guilty of the violation
of any of the provisions of this act, and said
commissioners and their deputies shall not be
required to enter into recognizance or become
liable for costs. It shall be the duty of the
attorney-general to conduct the prosecution
of all cases brought by said commissioners
under the provisions of this act.

Sec. 18. Chapter 202 of the General Laws
is hereby repealed.

Sec. 19. This act shall take effect Septem-
ber Ist, A. D. 1912.

‘ wee
‘ y a
.
y
$ 5
ut
fi We Hy
(< No
~
2
*
.

Feb, Seok trp hh Oe OO Shee = 1-48 os.

LIBRARY OF CONGRESS

Tn

451 1 ¢