Proviso. Weighting. Proviso. Prima facie evidence of illegal taking. and suckers: Provided, That all such lines shall be weighted sufficiently to cause the hook to rest upon the bottom: And provided further, That cut or dead Cut or dead balt. bait, and no other, shall be used on the hooks. Any fish, other than those named in this section, when caught upon such lines, shall immediately be removed therefrom, and set free in the waters from which it was taken. The possession of any fish, other than eels, catfish, carp and suckers, by a person or persons operating such layout line or such single line, shall be prima facie evidence that said fish was taken illegally. Any person violating any of the provisions of this section shall, on conviction thereof as provided in section thirty-eight of this act, be subject to a fine of twenty-five dollars, and shall forfeit to the Fish Commissioners the appliances used. Fine and forfeiture. Killing of mamoose ful Fine. Dams. unlaw Chutes, slopes and fishways. Section 12. That from and after the passage of this act, it shall be unlawful to catch and kill, or have in possession, the same being killed, any mamoose, or young sturgeon, not yet arrived at gravid or spawnbearing stage, at any time during the year. Any person violating the provisions of this section shall, on conviction thereof as provided in section thirty-eight of this act, be subject to a fine of twenty dollars for each mamoose so killed or had in possession. Section 13. That from and after the passage of this act, any person, company or corporation, owning or maintaining a dam or dams, or who may hereafter erect or maintain a dam or dams, in any waters in this Commonwealth, shall immediately, on a written order from the Fish Commissioners, erect therein such chutes, slopes, fishways or gates as the Commissioners may decide necessary, to enable fish to ascend and descend the rivers at all seasons of the year; and any person, company or corporation refusing or neglecting to comply with the provisions of this section, shall forfeit and pay the sum of fifty dollars for every month he or they so neglect, which sum or sums shall be recovered by civil suit and process, in the name of the Commonwealth, and when collected shall be paid into the Treasury of the State for the use of the Fish Commissioners. If, after the lapse of three calendar months, the person, company or corporation Neglect or refusal. owning or maintaining said dam or dams, still neglect or refuse to erect or place the appliances as directed Powers of Board by the Fish Commissioners, the Board of Fish Com Fine. of Fish Commis sioners. missioners are empowered to enter upon such dam or dams, and erect such slopes, chutes, or fishways or gates as they may decide necessary; and the cost thereof shall be charged against the person, company or corporation owning or maintaining such dam or dams, to be recovered by the Board of Fish Commissioners by civil suit and process, in the name of the Commonwealth: Provided, That where, by reason of tion. any dam or dams having been constructed prior to the requirement by law of the placing of chutes, slopes or fishways therein, or for any other reason, the owner or owners of, or person or persons maintaining, such dam or dams cannot be compelled by law to pay the cost Cost of construcof erecting slopes, chutes or fishways, as provided in this section, the cost of erecting such slopes, chutes and fishways by the Fish Commissioners, as provided in this section, shall be paid by the Commonwealth of Pennsylvania, out of the funds not otherwise appropriated, upon warrants drawn by the Auditor General upon the State Treasurer. The Auditor General to be furnished by said Fish Commissioners with an itemized statement of the cost of such construction, which must be approved by him before he shall draw a warrant for the payment of same. Auditor General to approve. Screen or net at raceway, flume, Section 14. That from and after the passage of this act, any person, company or corporation owning or operating a raceway, flume or inlet pipe, leading to a water wheel, turbine, pump or canal, shall, immediately upon receipt of a written order from the Board of Fish Commissioners, place and maintain a screen or net at the upper end of such raceway, flume, or inlet etc. pipe, sufficient to prevent fish from entering therein. Any person, company or corporation refusing or neglecting to comply with such order for a period of one month, shall forfeit and pay the sum of fifty dollars, Fine. which sum shall be recovered by civil suit and process, in the name of the Commonwealth, and when collected shall be paid in the Treasury of the State for the use of the Fish Commissioners. If one month after notification, the person, company or corporation, owning or operating such raceway, flume or inlet pipe, has not Neglect or replaced such screen or net as may have been directed, the Fish Commissioners are empowered to enter upon such raceway, flume, or inlet pipe, and place such screens or nets as they may decide necessary; and the cost thereof shall be charged against the said person, The cost. company or corporation, and if not promptly paid, such cost may be recovered by the Board of Fish Commissioners by civil suit and process, in the name of the Commonwealth. fusal. fishing, etc. Section 15. That from and after the passage of this Obstruction of act, it shall be unlawful to obstruct any fishway, or to fish with nets of any kind, or with any device whatsoever except rod, hook and line, or hand line, as hereinbefore described, within one-fourth of a mile of such fishway; or to place any obstructions or appliances in or near the waters of this Commonwealth, with intent and effect to obstruct or prevent the migration of fish therein. Any person violating the provisions Violation. of this section shall, on conviction thereof as provided in section thirty-eight of this act, be subject to a fine Fine and forfeltof fifty dollars for the first offense, and for any repeti ure. Removal of obstructions. Fine. Purchase, sale or possession out of season. Fine. Purchase or of brook trout forbidden. Proviso. Fine. tion of the offense one hundred dollars, together with a forfeiture of the devices and boats used, to the Fish Commissioners. Section 16. That from and after the passage of this act, it shall be unlawful for any person, company or corporation to obstruct any fishway for any purpose whatsoever, without the written consent of the Board of Commissioners; any such obstruction, when found, shall be removed forthwith by any Commisisoner, fish warden, sheriff, or other peace officer. Any person placing such obstruction shall, on conviction thereof as provided in section thirty-eight of this act, be subject to a fine of one hundred dollars. Section 17. That from and after the passage of this act, it shall be unlawful to purchase, sell, or offer for sale, or have in possession, the same having been caught in this Commonwealth, any dead game or food fish, except during the lawful period for catching the same and the space of six (6) days after such period has expired. Any persons violating the provisions of this act shall, on conviction thereof as provided in section thirty-eight of this act, be subject to a fine of ten dollars for each fish. Section 18. That from and after the passage of this act, it shall be unlawful for any proprietor, manager, clerk, or agent of any market, hotel, boarding house, eating house, restaurant, or saloon, or any person, comsale pany or corporation, in this Commonwealth, to purchase, sell, or expose for sale any brook or speckled trout; or to contract with, or to employ, any person or persons to catch or fish for brook or speckled trout for him or them, by the day or otherwise: Provided, That nothing in this section shall be so construed as to prevent, during the open season and six days thereafter, any person, company or corporation from selling brook or speckled trout, bred or raised artificially in ponds owned, leased or occupied by them for that purpose. Any person violating any of the provisions of this section, on conviction thereof as provided in section thirty-eight of this act, shall be subject to a fine of twentyfive dollars for each and every offense so committed. Artificial propagation. Sale and transportation. Certificate. Section 19. That from and after the passage of this act, any person, company or corporation, engaged in the cultivation or increase of brook or speckled trout by artificial propagation, may take the same from their own ponds in any way, and cause to be transported; and may sell the same, or the spawn of the same, at any time, for the purpose of stocking other waters only; and common carriers may transport the same, and dealers may sell the same, for such purpose only, on condition that the packages thereof transported are accompanied by a certificate of a justice of the peace, certifying that said trout are sent by the owner or owners, or agents, or parties so engaged in fish culture; and any person, company or corporation may take, in any way, at any time, upon the premises of any person, under permission of the owner thereof, brook or speckled trout to be kept and used for articial propagation only: Provided, That nothing in this Proviso. section shall prohibit any person, company or corpora tion, engaged in the propagation of any species of trout, from transporting and selling the same for food purposes, during the open season for such fish. Open season. Any person transporting or selling such trout, so propagated, during the close season for brook or speck- Close season. led trout, for food purposes, shall, on conviction thereof as provided in section thirty-eight of this act, be subject to a fine of one hundred dollars for each of Fine. fense. taken. Section 20. That from and after the passage of this act, any person fishing in the waters of this Commonwealth for fish which may be legally taken, who shall Fish illegally capture any food or game fish during the season for which it is unlawful to catch the same, or of a size less than designated by law, or which may not legally be taken by the device used, shall immediately return the same unharmed to the water from which they were taken. Any person violating the provisions of this section shall, on conviction thereof as provided in section thirty-eight of this act, be subject to a fine of ten Fine. dollars for each fish so captured and not returned. Section 21. That from and after the passage of this act, it shall be unlawful to trespass, with intent to fish, Trespass. in or upon the waters of any fish hatchery, operated by the Fish Commissioners, or by any corporation, person or persons not for profit; and it shall be unlawful to trespass, with intent to fish, in any waters, or from the banks thereof, not made public by grant or usage, or not declared public by legislative enactment, or not being public by common law, used in any way for the propagation of game or food fish, not for profit, by any corporation, person or persons, or owned or occupied by them, without permission being first given by such corporation, person or persons: Pro- Proviso. vided, Such corporation, person or persons, engaged in the artificial propagation of fish, not for profit, shall erect and operate, in or near the banks of said waters owned or controlled by them, a fish hatchery for the propagation of fish, for the stocking of waters so controlled: Provided, That no screens or dams shall be Proviso. erected or maintained upon such waters, to prevent the free passage of fish: And provided further, That all water so used, owned or occupied shall be indicated plainly by written or printed notices, posted conspicu- Notices. ously near or on the banks thereof; and if a roadway, pathway, railway, or other form of crossing shall pass over waters held, owned or so used, it shall be unlawful for any person, without permission by such owner, Fine. Unlawful to apply to obtain from ers fish for private preserves. Proviso. to fish in the said waters from such crossing, or any of its parts or projections; and any domestic water fowls trespassing upon such preserves may be destroyed, without any liability to the owner or owners therefor, provided five days' notice has been given said owner or owners. Any person violating any of the provisions of this section shall, on conviction thereof as provided in section thirty-eight of this act, be subject to a fine of twenty-five dollars. Section 22. That from and after the passage of this Fish Commission- act, it shall be unlawful for any person or persons to apply for, or obtain from, or to attempt to obtain from, the Fish Commissioners, either for himself or another, any game or food fish, with intent to put the same into any private fish preserve, or any privately owned, occupied or leased water, or waters, wherein the public are prohibited from fishing by such owners and lessees and applicants: Provided, That this section shall not apply to fertilized fish eggs, which the Commissioners may have in excess of the capacity of the State hatching houses to incubate and care for: Provided further, That nothing in this section shall be so construed as to prohibit planting trout fry, in small spring runs tributary to public or free waters, with the written consent of the Fish Commissioners: And provided further, That nothing in this section shall be so construed as to prohibit public school authorities from applying for and receiving fish or eggs for educational purposes. Any person violating the provisions of this act shall, on conviction thereof as provided in section thirty-eight of this act, be subject to a fine of twentyfive dollars. Proviso. Trout fry. Educational purposes. Fine. Waters for public fishing. Preference in distribution of fish or fish fry. Mature fish, planting of." Waters open to the public. Section 23. That from and after the passage of this act, public fishing shall exist in the following waters of this Commonwealth: All waters within land owned by the Commonwealth; all waters and parts of waters that have been or may be declared navigable by acts of Assembly, or public by common law; and such other waters made public by its owners, by grant or usage. Section 24. That from and after the passage this act, in the distribution of fish or fish fry by the Board of Fish Commissioners, preference may be given to the stocking of suitable waters in lands owned by the Commonwealth; and all mature fish in the several State hatcheries, not required for breeding, exhibition or educational purposes, shall be planted by, or under the supervision of, the Board of Fish Commissioners, in suitable waters in lands owned by the Commonwealth. Section 25. That from and after the passage of this act, any waters within this Commonwealth, excepting small spring runs tributary to public or free waters, in which fish received from the State are planted upon |