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RELATING TO erie

| SHELL FISHER IES.

PROVIDENCE:
a. Ll. PREBMAN COMPANY, PRINTHRS.
1917.

State of Rhode Island

LAWS

SHELL FISHERIES

PROVIDENCE:
E. L, FREEMAN COMPANY, PRINTERS.
1917,

~

AS? HS A
A oN
oN ae

COMMISSIONERS OF SHELL FISHERIES.

EpWARD ATCHISON.........Slatersville, R. I.
WruiaM T. Lewis.) 2.2.2: West Barrington, R. I.
RANDALL A. Harrineton... Warwick, R. I.
Mitton DucKWORTH....... Carolina, R. I.
Henry K. Lirr.erievp.....New Shoreham, R. I.
Clerk.

Brayton A. Rounp........ Providence, R. I.

| Engineer.
WALTER W. MASSIE....... Providence, R. I.

Deputy Commissioners of Shell Fisheriés,

WILLIAM B. WELDEN....... Providence, R. I.
Oniver GEICKSs + aoe ek Bristol Ferry, R. I.
Leman WarpswortH...... Wickford, R. I.
JOQRN TT. SSMIGniH eas) eae Warren, R. I.
IsRAEL A. SMITH........... Pawtuxet, R. I.
Harry Harrineton....... Warwick, R. I.

Inspector of Oyster Houses.

SeTH WALTON.........*°, Providence, R. I.

ewe
e..°@
,

LAWS RELATING TO SHELL
FISHERIES.

' CHAPTER 203.

Of Private and Several Oyster Fisheries.

Section 1. There shall be elected by the
general assembly, in grand committee, five com-
missioners of shell fisheries, one from each county,
who shall hold office for the term of five years.
The general assembly, in grand committee, 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 committee, to
fill such vacancy, shall be qualified to act. Any
person elected by the general assembly 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.

Src. 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

4 LAWS RELATING TO SHELL FISHERIES.

condition to faithfully perform the duties of the
office according to law.

Sec. 8. 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 condi-
tion faithfully to perform the duties of the office
according to law; the expense of procuring said
bond 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 condition of this
department of the public service, including a detailed
statement of all moneys 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 person, and the value thereof.

Sec. 5. The said commissioners shall have an
office in the state house, in the city of Providence,
where the maps, charts, books, leases, and other
property connected with said commission shall be
kept.

Sec. 6. Each of said commissioners shall, by
virtue of his office, make complaints for any viola-
tion of the laws of this state relating to shell fisheries,
and of any subsequent amendments thereof, with-

_ out giving recognizance or surety for costs.

Sec. 7. The said commissioners may appoint
such deputies as they shall deem necessary for the
detection and prosecution of any violation of the
laws of this state relating to shell fisheries. Each
of said deputies so appointed shall be by virtue
of his office, a special constable, and as such deputy
may without warrant arrest any person found

LAWS RELATING TO SHELL FISHERIES. 5

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 violation,
together with her tackle, apparel 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 received 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 one year a sum not to exceed
twelve thousand dollars in executing all the duties
imposed upon them by law. The sum of twelve
thousand dollars shall include all appropriations
made for the use of the said commissioners under
whatever provision of law, with the exception of

6 LAWS RELATING TO SHELL FISHERIES.

such acts and resolutions as provide for the salaries
of the commissioners of shell fisheries and their
clerk and for such other cleri¢al assistance as may be
necessary: Provided, however, that the said com-
missioners shall not receive any compensation for
any service rendered in executing said duties, in
addition to the salary provided by law.

For the purpose of carrying into effect the pro-
visions of this act the sum of ten thousand five
hundred dollars, be and the same is hereby appro-
priated, out of any money in the treasury not other-
wise appropriated; and the state auditor is hereby
directed to draw his orders upon the general treas-
urer 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
commissioners.

Src. 8. Said commissioners may, unless other-
wise by statute prohibited, agree to lease 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 business: 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 here-
after said corporation shall practically cease to carry
on actively the business aforesaid, then and there-
upon, said commissioners may cancel said lease or

LAWS RELATING TO SHELL FISHERIES. f

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 Bright-
man’s pond or Babcock’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 feet of
tide water or not, to be used at a private and several
fishery for the planting and cultivation of oysters
thereon, upon such terms and ¢onditions 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 a
depth of less than twelve feet at mean low water, as
shown on the plats in the office of the commissioners
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 expira-
tion 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 appli-
cant at the time for granting said application shall
be in arrear for rent on said original lease of said
ground; and said application for such renewal or

Rs LAWS RELATING TO SHELL FISHERIES.

further lease shall be eranted 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 Narragan-
sett 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 purpose 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 term not exceeding ten years from
such letting.

Sec. 10. Any person who shall wréngfully 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 other-
wise claiming title to such land, shall for the first
offence pay a fine of twenty dollars and costs, and
for every subsequent 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.

LAWS RELATING TO SHELL FISHERIES. 9

Sec. 11. The said commissioners shall cause the
original surveying and platting of all lands for the
planting and cultivation of oysters under provisions
of this chapter or any amendments or additions
thereto, to be done at the expense of the state and
without charge to the lessee.

They shall have power and authority to go upon
the shores adjoining Narragansett bay and _ its
tributaries.and to establish stations or points known
as triangulation stations or reference points. Such
stations or points shall be established in such way or
manner as the commissioners may direct, and they
shall have full control and charge of the same with
authority to elect an engineer, prescribe his duties
and to fix the amount of his salary. Such stations
shall be the property of the State of Rhode Island
and any person who shall injure, deface, destroy or
remove or cause to be removed, injured, defaced, or
destroyed any mark or marks thereon, shall be
fined twenty dollars and costs for each offence;
one-half thereof to the use of the complainant
and one-half thereof to the use of the state.

For the carrying out of the provisions of this
act the sum of three thousand ($3,000) dollars, or
so much thereof as may be necessary, is hereby
appropriated, out of any fund in the hands of the
general treasurer not otherwise appropriated; and the
state auditor shall draw his order upon the general
treasurer for the payment of such sum or sums upon
properly presented vouchers approved by the said
commissioners of shell fisheries.

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

10 LAWS RELATING TO SHELL FISHERIES.

rent received therein, if it shall appear to the satis-
faction of the commissioners, that it would be
equitable so todo: Provided, that in all cases where
leases are cancelled, the commissioners shall give
notice of such action within five days by publica-
tion, 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 meridian, 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
S 55° 16’ 02’’ W, true meridian, 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 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 Bright-
man’s pond or Babcock’s pond, so-called, in said
Westerly: Provided, however, that said commis-
sioners 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

LAWS RELATING TO SHELL FISHERIES. ay

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 affect 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 newspaper
published in the county nearest to which the ground
is located, describing 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 com-
missioners 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.

Sec. 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

12 LAWS RELATING TO SHELL FISHERIES.

proceedings are taken and prosecuted as hereinafter
provided.

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

Sec. 17. Application for citation in such ease
shall be made to the clerk of said court 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 judg-
ment and to pay such witness fees and costs of
summons incurred by any party opposing such
petition as the court shall award, in case the decision
of the commissioners shali 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) shall be conclusive upon the
question whether said land shall or shall not be
leased, and the commissioners shall grant or refuse
a lease accordingly.

Src. 19. Such leases shall be executed by such
lessee, as well as by said commissioners in two parts,
one part thereof to be delivered to such lessee and
the other part thereof to be retained by said com-
missioners and recorded in a book kept for that

LAWS RELATING TO SHELL FISHERIES. 13

purpose, and shall contain proper covenants for the
payment of rent and the performance of the condi-
tions and observance of the restrictions therein set
forth, with proper clauses reserving to said commis-
sioners a right to re-enter on beha#f of the state and
to terminate said lease for breach of any such
covenants.

Sec. 20. Said commissioners shall, before grant-
ing 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 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 bounda-
ries 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

14 LAWS RELATING TO SHELL FISHERIES.

any stake or buoy located on any leased shell-fish
ground and used for the purpose of bounding, sub-
dividing or otherwise marking said ground, which
in their judgment, is in an improper position or
condition 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. :

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 collection in the same manner as is
the yearly rent under the lease for said ground.

Any person willfully violating the requirements,
orders or regulations respecting bounds, stakes or
buoys as determined by said commissioners 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.

Sec. 22. Every person who shall - willfully
injure, deface, destroy, or remove such marks or

LAWS RELATING TO SHELL FISHERIES. 15

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 lable 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 destroyed as
aforesaid.

Sec. 23. The oysters planted or growing in any
private oyster ground leased as aforesaid shall,
during the continuance of the lease, be the personal
property of the lessee of such oyster ground.

Sec. 24. Every person who shall work a dredge,
pair of oyster tongs or rakes, or any other implement
for the taking of shell-fish 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 shell-fish of any description, under any
pretence 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

16 LAWS RELATING TO SHELL FISHERIES.

and performed in a just and 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 commissioners 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 proceedings that may
be necessary for the collection of such rent. The
commissioners may take possession of any lot
leased, 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
purchaser 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 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.

Src. 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

LAWS RELATING TO SHELL FISHERIES. 17

thereof to the use of the state and one-half thereof
to the use of the complainant; 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.

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

Sec. 30. Every person who shall willfully 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 dredg-
ings 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 complain-
ant; and shall forfeit his boat or vessel, with her
tackle, apparel 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 chapter
shall, in addition to the penalties hereinbefore
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.

18 LAWS RELATING TO SHELL FISHERIES.

Src. 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 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 chapter, 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 chapter, and shall make complaint when
called upon to do so for all such violations, and in
any such complaint 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 attorney-general
shall, when notified to do so by the complainant,
prosecute all such complaints in the court where the
same shall 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 provis-
ions of this chapter, shall be conducted by said
attorney-general.

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 chapter, and
reasonable charges of such surveyor for such service
shall be allowed by the court, if said employment
shall be by said court deemed to have been necessary;

LAWS RELATING TO SHELL FISHERIES. \ 19

and such charges when allowed as aforesaid shall
be taxed in the bill of costs.

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

Sec. 36. Said commissioners may agree to lease
any land or lands within the state, not under lease
at the time of the passage of this act, for the purpose
of having the said lands prepared and made suitable
for the planting and cultivating of oysters or other
shell-fish, which is found, upon examination by said
commissioners to be soft or ‘‘mud’’ bottom, so-called,
upon such terms and for such length of time as they
may deem best, but in no case shall the lease be for
a period exceeding ten years from the date thereof.
The rental per acre for such ground leased shall
be one dollar per acre per annum during the term
of the lease.

Upon the termination of such lease the renewal
thereof shall be made in accordance with the provis-
ions of Chapter 203 of the General Laws, as amended
by Chapter 396 of the Public Laws, passed at the
January session, A. D. 1909, and the rental of the
ground contained therein, shall be not less than ten
dollars per acre per annum for every acre leased
where the water is less than twelve and more than
four feet in depth at mean low water, or less than
five dollars per acre in water the depth of which is
more than twelve feet at mean low water, according
to the plats in the office of the said commissioners of
shell fisheries.

Src. 37. Whenever the lessee of any lease
granted under the provisions of Chapter 203 of the

20 LAWS RELATING TO SHELL FISHERIES.

General Laws or any addition to or amendments
thereof, shall make application to said commissioners,
setting forth that the land or some portion thereof
leased by him consists of soft or ‘‘mud’’ bottom, and
requesting therein that rental of said land shall be
fixed at one dollar per acre per annum, for the
unexpired term which said lease has to run, the said
commissioners shall make an examination of said
land and if said commissioners shall find the same
to be soft or ‘‘mud’”’ bottom, shall fix the rental of
that pertion of the land leased which is found to be
soft or ‘“‘mud” bottom, at one dollar per acre per
annum for the unexpired term which said lease had
to run.

The lessee of each and every parcel of land leased
as aforesaid shall during the month of November
in each and every year during the term of such lease
make areturn, in writing, to the said commissioners
of shell fisheries, of the condition of said land, and
the amount of work performed thereon. The failure
on the part of the lessee to make such return, shall
be sufficient cause for the commissioners of shell
fisheries to terminate said lease, without recourse
upon the part of the lessee.

Upon the termination of such.lease, the renewal
thereof shall be made in accordance with the pro-
visions of Chapter 203 of the General Laws, as
amended by Chapter 396 of the Public Laws, passed
at the January session, A. D. 1909, and the rental
of the ground contained therein, shall be not less
than ten dollars per acre per annum for every acre
leased where the water is less than twelve and more
than four feet in depth at mean low water, or less
than five dollars per acre in water, the depth of

LAWS RELATING TO SHELL FISHERIES. 21

which is more than twelve feet at mean low water,
according to the plats in the office of said commis-
sioners of shell fisheries.

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 employed by him in taking
the same, shall be fined twenty dollars and be im-
prisoned not more than thirty days for each such
offence, but nothing herein contained shall apply
to the taking of sea scollops.

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 bedded 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 lawful for any person, at any
time, to take scollops from the shores of this state

22 LAWS RELATING TO SHELL FISHERIES.

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 shali 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 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.

Src. 5. Every person, before engaging in the
taking of scollops, shall obtain from the commis-
sioners 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 com-
missioners 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 there shall be

LAWS RELATING TO SHELL FISHERIES. 23

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 chapter 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.

Sec. 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 conspicuous 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.

Src. 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 fifteenth day of April and the
first day of September shall be fined twenty dollars
and be imprisoned not more than thirty days for
each such offence.

Src. 10. The commissioners of shell fisheries 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 Washington 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

24 LAWS RELATING TO SHELL FISHERIES.

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 taking 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 pro-
visions of this chapter shall inure one-half thereof to
the use of the complainant and one-half thereof to
the use of the state.

Sec. 12. The several district courts shall have
concurrent jurisdiction with the common pleas
divisions of the superior court over all offences
under this chapter and to the full extent of the
penalties therein specified; parties defendant, how-
ever, having the same right to appeal from the
sentences of said district courts as is now provided
by law in other criminal cases.

CHAPTER 577.

An Act In AMENDMENT oF CHAPTER 206 OF THE
GENERAL Laws, ENTITLED ‘OF THE PROTECTION
OF THE SHELL FISHERIES IN THE PuBLIC WATERS
OF THIS STATE. ”’

SecTION 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:

LAWS RELATING TO SHELL FISHERIES. 25

“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 substance which
shall in any manner injuriously affect the growth
or sale of the shell-fish in or 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 provis-
ions 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 convic-
tion upon. prosecution by the commissioners of
shell fisheries, the whole of any fine imposed shall
go to the use of the state.

“Sec. 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.

“Sec. 4. It shall be the duty of the commis-
sioners of shell fisheries to investigate all complaints
made to them of the violation of any of the provis-
ions of this chapter. For the purpose of such

26 LAWS RELATING TO SHELL FISHERIES.

investigation said commissioners may make ex-
amination 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 author-
ity in any hearing before them. They may employ
professional 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 provis-
ions 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 prosecution of all cases brought by
said commissioners under the provisions of this
chapter. ‘Complaints may also be brought and
prosecuted by any citizen. for any violation of its
provisions.

“Sec. 6. The expenses incurred by the commis- -
sioners of shell fisheries in the performance 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 vouchers therefor duly certified by
their chairman.

“Sec. 7. The commissioners of shell fisheries
shall inspect the premises designated in Section 8
of this chapter, at such times as they may deem
advisable, for the purpose of determining whether
said premises are kept in a proper sanitary condition
for opening, handling, or packing shell-fish for the
trade. Also said commissioners shall inspect the

LAWS RELATING TO SHELL FISHERIES. 27

methods followed on the premises in opening,
packing, or preparing shell-fish for the trade, to
determine 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.

“Sec. 9. Said commissioners shall inspect any or
all the leased oyster grounds and other 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
regulations 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 certifi-
cates 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 prepara-
tion of oyster or other shell-fish in such opening or
packing house are sanitary and that the grounds
inspected are in-proper:-sanitary condition. for the
production of shell-fish for consumption as food.

28 LAWS RELATING TO SHELL FISHERIES.

“See. 12. No person shall take shell-fish from
any grounds which are not certified by said com-
missioners as being in a sanitary condition, except
for the purpose of transplantation. No person
shall prepare shell-fish for the trade except on prem-
ises and by methods certified by said commis-
sioners as being sanitary.

‘Sec. 13. Any person who shall violate any
sanitary regulation made by said commissioners,
as provided for in Section 10, shall be fined twenty
dollars for the first offence, and for each subsequent
offence one hundred dollars and be imprisoned not
more than ninety days in jail. Any person violating
the provisions of Section 12 of this chapter shall be
fined twenty dollars for the first offence, and for each
subsequent offence one hundred dollars and be
imprisoned not more than ninety days in jail.

“Sec. 14. It shall be the duty of the commis-
sioners 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 prosecu-
tions 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 prosecution of all cases brought by
said commissioners under the provisions of this
act.”

Sec. 2. This act shall take effect upon its
passage, excepting the above Sections numbered 12,
13, 14, which sections shall take effect 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.

LAWS RELATING TO SHELL FISHERIES. 29

CHAPTER 852.

An Act REGULATING ‘FISHING FOR SHELL-FISH
Upon THE FREE AND CoMMON FISHERIES.

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 fore-
going 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 person, an
inhabitant of this state, permitting him to take
oysters, clams or quahaugs from the free and com-
mon 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 commissioners 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 however, before the licensee shall
_ endorse his name in his own hand writing thereon,
and no license shall be transferrable.

30 LAWS RELATING TO SHELL FISHERIES.

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: Provided, however, any person, an
inhabitant of this state, may take in any one day,
without a license, not more than one bushel, each,
of oysters, clams or quahaugs.

No person shall use a boat in fishing for oysters,
clams or quahaugs, from the free and commen
fisheries of this state, unless the owner of such boat,
shall, at the time, have a license from said commis-
sioners permitting said boat to beso used: Provided,
however, any person an inhabitant of this state, may
use a boat without a license for the purpose of
taking in any one day, one bushel, each, of oysters,
clams or quahaugs, for the use of each of the
occupants thereof, and not to be sold or offered for
sale: Provided, further, however, that each of said
occupants is an inhabitant of this state at the time
of such taking.

Sec. 4. Each person shall pay the said commis-
sioners 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.

Sec. 5. Every person holding a license as pro-
vided 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 inspec-

LAWS RELATING TO SHELL FISHERIES. 31

tion upon demand shall be fined not less than five
nor more than twenty dollars for each offence.

Sec. 6. Every person who shall take, at any one
time, more than one bushel, each, of oysters, clams
or quahaugs, from the free and common fisheries
of this state without a license as aforesaid, 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 commissioners may direct.

Sec. 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 permit from the commis-
sioners of shell fisheries allowing him so todo. 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 posses-
sion while dredging for muscles or scollops, shall

32 | LAWS RELATING TO SHELL FISHERIES.

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 thereof.

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, in-
cluding 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 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 cancellation.

Sec. 12. All monies received by the commis-
sioners, under any of the provisions of this act, shall
be paid over quarterly to the general treasurer and
by him turned into the general fund of the state.

Sec. 13. 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 appointed as aforesaid shall
be by virtue of his office a special constable and
as such deputy may, without warrant, arrest any

LAWS RELATING TO SHELL FISHERIES. 33

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 transport-
ing of oysters, clams or quahaugs and may seize
and remove such oysters, 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, inhabit-
ants of this state.

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

Sec. 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 thirty days imprisonment for each offence.

Sec. 17. It shall be the duty of the commis-
sioners 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 commis-
sioners under the provisions of this act.

34 LAWS RELATING TO SHELL FISHERIES.

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

Sec. 19. This act shall take effect September Ist,
A. D. 1912. ‘

CHAPTER 1243.

An AcT IN AMENDMENT OF CHAPTER 205 OF THE
GENERAL Laws, ENTITLED “OF THE PROTECTION
OF QUAHAUGS.”

Section 1. Chapter 205 of the General Laws
is hereby amended to read as follows:

“Section 1. Every person who has in his or
her possession any quahaugs less than one and one-
half inches in diameter, taking the smallest diameter,
shall be fined five dollars for each and every quart.

“Sec. 2. Any person who takes any quahaugs
less than one and one-half inches in diameter, from
any of the shores or waters of this state, shall be
fined five dollars for each and every quart: Provided,
however, that such penalty shall not attach if said
person immediately return the same unmutilated
to the shores or waters of this state: Provided,
further, however, nothing in this section shall be
construed so as to prevent any person from taking
quahaugs, lawfully obtained and stored by him,
from the place of storage.

“Sec. 3. Every person who shall take any
quahaugs or clams from the waters of this state by
dredges, rakes or other apparatus operated by
mechanical power, or hauled by power boats, shall
for the first offence be fined twenty dollars and costs,
and for every subsequent offence shall be fined fifty

LAWS RELATING TO SHELL FISHERIES. 35
dollars and costs or be imprisoned for thirty days,
or both fined and imprisoned, at the discretion of
the court: Provided, however, that nothing in this
act shall apply to any private or leased oyster or
private or leased shell-fish ground.

“Sec. 4. 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.”

Sec. 2. This act shall take effect immediately
upon its passage, and all acts or parts of acts
inconsistent herewith are hereby repealed.

CHAPTER 1602.

AN ACT FOR THE PLANTING, CULTIVATING, PROPA-
GATION AND DEVELOPING OF ANY AND ALL KINbs
oF SHELL-FIsH.

Section 1. The commissioners of shell fisheries
may in their discretion, from time to time, make any
experiments in planting, cultivating, propagating,
and developing, any and all kinds of shell-fish;
and for the purpose of so doing, may from time to
time, take, hold, and occupy as long as they shall
deem necessary, to the exclusion of all persons, in
one or more parcels, any portion of the shores of the
public waters of the state, or land within the state
covered by tide-water, at either high or low tide,
not within any harbor line, and which is not at the
time of such taking, under lease as a private and
several oyster fishery. Said commissioners upon
taking such land shall forthwith place or cause to be
placed such stakes, bounds, or buoys, with the words

36 LAWS RELATING TO SHELL FISHERIES.
go

‘‘Commissioners of Shell Fisheries, State of Rhode
Island and Providence Plantations,’’ marked or
painted thereon, as will definitely locate or designate
said land so taken upon taking such land they shall
forthwith give public notice thereof by advertise-
ment in some newspaper published in the county in
which said land is situated, which advertisement
shall describe and give approximate location of said
land. Said commissioners may make any regula-
tions necessary for the protection of the land so
taken, together with all animal life, or any property
situated within the lines thereof.

Sec. 2. The commissioners of shell fisheries may
in their discretion, from time to time, make any
experiments in planting, cultivating, propagating,
and developing any and all kinds of shell-fish,
upon the public fisheries (free and common), where-
ever they shall have planted any part, parcel or
portion of any of the land upon the shores of the
public water of the state or any land within the
state covered by tide-water, with any shell-fish
of any description, they may close, any land planted
as aforesaid, to the use of the public, for such period
of time as in their opinion may be necessary to com-
plete the experiments undertaken. Said commis-
sioners upon planting any land as aforesaid shall
forthwith, stake, buoy, or otherwise mark the
bounds thereof with stakes, bounds or buoys,
marked with the words ‘‘Commissioners of Shell
Fisheries, State of Rhode Island and Providence
Plantations.”

Sec. 3. Any person violating any of the provis-
ions of this chapter or any of the regulations made
by the commissioners of shell fisheries under the

LAWS RELATING TO SHELL FISHERIES. 37

provisions of this chapter, shall upon conviction
therefor, be subject to a fine of twenty dollars and
costs.

Sec. 4. It shall be the duty of the commissioners
of shell fisheries to prosecute any and all persons who
in their opinion are guilty of the violations of any of
the provisions of this act, and the said commissioners
and their duly appointed 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 commission or their duly appointed
deputies under the provisions of this act.

Sec. 5. This act shall take effect on and after its
passage.

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