Chap. 0032 AN ACT TO PREVENT THE DESTRUCTION OF SALMON AND OTHER FISH IN AGAWAM OR WESTFIELD RIVER.
Whereas the salmon and other fish taken in Agawam River, have been of great service to the inhabitants of some part of this state, and still will be so if due care is taken to prevent the unnecessary destruction thereof ; and whereas, by the constant fishing with seines, net[t]s and pots, and by erecting wears and other incumbrances there, to prevent the passage and facilitate the taking of the fish, they are greatly diminished, and there is danger of their being wholly destroyed ; therefore,-
Be it enacted by the Council and House of Representatives in General Court assembled, and by the authority of the same,
[Sect. 1.] That no person or persons whatsoever be allowed, from and after the fifteenth day of March next, and so during the continuance of this act, to catch salmon or other fish, of an}7 kind whatso-
ever, with seines, net[t]s or pot[t]s, in any part of Agawam or West-field River, or in any of tbe rivers or streams running into said river, oftener than three days in a week; the days to be Tuesday, Wednesday and Thursday, in every week: and if any person or persons shall presume to catch fish there at any other times than hereby is allowed, each and every person so offending shall, for each offence, forfeit and pay the sum of fifty pounds ; and the same 'ne[t]t or po[t~|t used in such fishing shall be forfeited. And be it farther enacted,
[Sect. 2.J That all wears, fence-hurdles, and other incumbrances whatsoever, now erected, or that hereafter shall be erected, in any part of said Agawam River, or in any stream running into the same, for the stopping the course of the fish, or to facilitate the taking of .them by seines, net[t]s, pot[t]s. or otherwise, be deemed common nuisances, and as such shall be pulled down and demolished ; and all persons that hereafter shall erect any such wears, fences, or other incumbrances, or that shall continue an}r such already erected, on due conviction thereof, shall forfeit and pay the sum of thirty pounds.
And ivhereas it is found that fishing at the mouth or entrance of said river Agawam into the great, or Connecticut, River, and in the mouth or entrance of the rivers and streams that run into said Agawam River, and in the ponds from which said streams issue, prevents the said salmon, shad and ale wives from going into said rivers and streams, and so into the ponds above, to cast their spawn, and tends to destroy the increase of said fish ; therefore, -
Be it enacted,
[Sect. 3.J That no person or persons, from and after the said fifteenth day of March next, shall, at any time during the continuance of this act, catch, or attempt to catch, any salmon, shad or alewives, with seines, net[t]s or pot[t]s, at the month or entrance of said Agawam River into Connecticut River, - nor in said Connecticut River, within forty rods of the south side of the mouth of said Agawam River, or within ten rods of the north side of the mouth of said Agawam River, - nor anywhere in said river Agawam, between the mouth of said river and ten rods west of Mitteneague Falls, so called, nor within twenty rods of the month or entrance of any river or stream that runs into said Agawam or Westfield River, nor in any of the ponds from which said streams may issue. And if any person or persons shall presume to catch any of the above-mentioned salmon, shad or alewives, otherwise than is hereby allowed, each and every person so offending shall, upon due conviction thereof, forfeit and pay the sum of fifty pounds for each offence.
And be it'farther enacted,
[Sect. 4.] That all fiues and forfeitures incurred by any breach of this act shall and may be recovered by action or information, in any of the courts of record within the county where such offence shall be committed : one moiety thereof to be paid iuto the county treasury, to be appropriated for the payment of the necessary charges of the county, the other moiety to him or them who shall commence the prosecution by action or information ; and all offences for fishing, or obstructing the course of the fish, contrary to this act, shall and may be presented by the grand jurors for the respective couutics where the offence is committed : and the said grand jurors are hereby enjoined dil[l]igently to inquire after, and duly to present such offences.
[Sect. 5.] This act to continue and be in force live years from and after the said fifteenth day of March next, and no longer. [Passed February 9, 1779.