Penobscot River
Penobscot River Fisheries Laws, 1785-1850
1786 -- Massachusetts Laws, Chapter 22.
"An Act to Prevent the Destruction, and to Regulate the Catching of
the Fish Called Salmon, Shad and Alewives in Kennebec River, and Several
Other Rivers and Streams in the Counties of Cumberland and Lincoln."
Summary:
· Required "natural, or sufficient passage" at all dams from
April 20 to June 10 annually on the following rivers: "Kennebec River,
Nequasset Stream, Sheepscut River, Bristol River, Muscongus alias Medommock
River, St. Georges River, Penobscot River, Amarascoggin River, Presumpscut
River" and tributaries of the above. Mill dam owners failing to provide
adequate passage to be fined between 3 and 6 pounds for each day of violation.
· Restricted fishing to sunrise Monday to sunset Thursday of each week
from April 20 to June 10 annually.
· Prohibited the setting of nets, pots, seines or "other machines"
within two rods of any fishway from April 20 to June 10 annually.
· Prohibited seines or nets that stretched more than one third the
width of a river or stream.
· Directed towns to appoint Fish Committees to ensure fish passage
is available at dams and that fishing laws are obeyed and each town must
pay a fine of fifty pounds if they neglect to appoint a Fish Committee to
enforce the Act.
1788 -- Massachusetts Laws, Chapter 73.
"An Act to Prevent the Destruction and to Regulate the Catching of
the Fish Called Salmon, Shad & Alewives in the Rivers and Streams in
the Counties of Cumberland and Lincoln, and to Repeal All Laws Heretofore
Made for that Purpose."
Summary:
· Changes earliest date that fish passage is required at dams from
April 20 to May 1. Allows towns to alter the earliest date of passage compliance
(May 1) if they determine the fish normally did not ascend past the obstruction
until after May 1.
· Extends days of the week that fishing is allowed from sunrise Monday
to sunset Thursday to sunrise Monday to sunrise on Saturday (an additional
day and a half).
· Offers protection for salmon during the summer: "And whereas
the highly pernicious practice of wantonly distroying Salmon in the summer
season, when the Waters are shallow and the fish unable to make their escape,
has become frequent and ruinous ..." As such, fishing for salmon is
prohibited from July 20 to December 1 annually.
· Prohibits the joining of nets and seines together in Merrymeeting
Bay. The preamble for this section offers a glimpse at the level of fishing
pressure on Maine rivers in the 1780s: "And whereas the practice made
use of, of taking Salmon, Shad and Alewives in Merrymeeting Bay, is very
destructive to the said fish, owing to seining and joining driving nets
together, which they make use of in the said bay and in the mouth of the
rivers adjoining the same, for the purpose aforesaid, where great numbers
of the said fish go to spawn ... "
· Directs the clerk of each Town to read the Act at Town Meeting.
1797 -- Massachusetts Laws, Chapter 70.
"An Act for the Preservation of the Fish Called Salmon, Shad &
Alewives in the Rivers, Streams & Waters Within the Counties of Lincoln
and Cumberland Counties and for Repealing All Other Laws Heretofore Made
for that Purpose, so far as Respects Their Operation in the said Counties."
Summary:
· Changes penalty for mill dam owners for failing to provide passage
from 3 to 6 pounds for each day of violation to "a sum not exceeding
two hundred dollars, nor less than twenty; and the said dam or obstruction
shall be considered and adjudged to be a nuisance, and abated as such."
· Adds an emphatic preamble: "And whereas the preservation of
the Fisheries in said Counties of Lincoln and Cumberland are of great importance
to the public, and the existence of the same depend on securing proper passages
or sluice ways for the fish to pass by Mill-dams and other obstructions
...."
· Adds a new section requiring fishways and sluiceways to be effective
in actually passing fish: "Be it further Enacted by the Authority aforesaid,
that no passage or sluice-way shall be deemed sufficient, within the meaning
and intent of this Act, unless the same shall be constructed & made
as that any of the fish aforesaid can & do actually pass through or
over the same with ease and convenience, & unless such passage or sluice-way
is at or so near the passage, route or place in which such fish prior to
the erection of such dams or obstructions used to pass, as that said fish
do find such way."
· Increases period fishways must be operated from May 1- June
20 to May 1-July 5th.
· Assesses following fines for violating fishing rules: For each
salmon taken, one to four dollar fine; for each shad taken, 50 cents to
two dollars; for each alewive, five cents to twenty five cents; and an additional
fine of five to ten dollars for using a net or seine in violation of the
law.
· Extends the no-fishing zone around fishways from two rods to four
rods.
· Adds a new requirement for downstream passage at dams: "...
that a passage or sluice way sufficient for the safe, easy & convenient
passage down of said Fish both old & young, shall be provided, opened
& kept open from the twentieth day of August to the last day of September
annually, over or by such dam or obstruction ..."
1798 -- Massachusetts Laws, Chapter 38a.
"Order on the Petition of Joseph Lee & Others A Committee of the
plantation No. 2, east side of Penobscot River praying they may have the
exclusive privilege of taking the fish in Eastern River within sd. plantation."
Summary: Requires publication of the petition in the Wiscasset Telegraph
and parties to "appear and shew cause why the prayer thereof should
not be granted."
1799 -- Massachusetts Laws, Chapter 67.
"An Act in Addition to an Act, Entitled 'An Act for the Preservation
of the Fish Called Salmon, Shad & Alewives in the Rivers, Streams &
Waters Within the Counties of Lincoln and Cumberland Counties and for Repealing
All Other Laws Heretofore Made for that Purpose, so far as Respects Their
Operation in the said Counties.'"
Summary:
Prohibits salmon fishing with very long nets and joining nets together:
"any person to set or use any net or seine, for the purpose of catching
Salmon, on or by any of the Sea shores or Islands, within the said counties
of Lincoln and Cumberland, of a greater length than forty fathoms; and no
such net or seine shalld be so set or used, for the purpose of catching
salmon as aforesaid, within the distance of ten rods, in any direction,
from any other net or seine so set or used ..."
1807 -- Massachusetts Laws, Chapter XXXIII.
"An act, to prevent the destruction of the fish called Shad and Alewives,
in their passage up and down the river and other streams in the town of
Orrington, in the county of Hancock, and for regulating the taking and disposing
of said fish."
Summary:
Authorizes the town of Orrington, at town meeting, to choose a fish committee
to ensure fish passage laws are observed; open any dam in the town that
prevents fish passage if the dam owners neglect to do so; oversee the taking
of fish in the town and distribute them to the residents of the town and
charge a fee for delivering the fish. Authorizes the town, at town meeting,
to annually select places in the town where fish can be taken and "let
or farm out" to the highest bidder any of those fishing places. [Note
at this time, the town of Orrington included Brewer, giving it a very large
amount of frontage on the east side of the Penobscot River, from Treat's
Falls to Mill Brook at the Bucksport line. As such, Orrington was the center
of the Penobscot River salmon, shad and alewife fishery.]
1813 -- Massachusetts Laws, Chapter CLV.
"Resolve on the Petition of Joseph Treat, authorizing Agents on Eastern
Lands to convey Islands in Penobscot River."
Summary:
This resolve compensates Joseph Treat one hundred dollars for giving back
"Shad Island number five and Islands numbered four and six" to
the Commonwealth of Massachusetts. These islands are very near the Milford
Dam. Of interest, the Act provides Treat with an additional compensation
of one hundred dollars "for damages done to said Treat and his associates,
by the Indians, in pulling down a fish store." Apparently, the Penobscot
Indians had actively disputed Treat's ownership and use of these islands
in the river for catching and storing fish.
1814 -- Massachusetts Laws, Chapter CXLIV.
"An Act for the preservation of Fish in Penobscot River and Bay, and
the several streams emptying into the same."
Summary:
· Requires fish passage at all dams below Orono (Old Town) from May
10 to June 10; and May 10 to June 20 at all dams above Orono (Old Town).
Old Town was part of Orono at this time.
· Forbids fishing within forty feet of any fishway, except at the mill
dam at Nichol's Stream on the east side of the Penobscot River. At this
dam, fishing was permitted at the fishway from sunrise Monday to sunrise
Thursday. Nichol's Stream was most likely Blackman Stream in Bradley, which
had a very large alewife run because it drained Chemo Pond, Holbrook Pond
and Davis Pond.
· Act provides interesting info. on run timing. It sets the fishing
season for alewives and shad from May 10 to June 15; but May 10 to July
1st for salmon. Exempts from penalties those shad taken after June 15 for
"such shad as may unavoidably be taken in nets and seines set or used
for the express purpose of catching salmon" between June 15 and July
1.
· Prohibits nets or the joining of nets that extend more than one third
the width of the stream where they are used; and prohibits drift nets more
than twelve feet deep.
· Requires weir fishermen to keep open a passageway, at least ten feet
high and four feet wide, for fish to escape from sunrise Friday to sunrise
Monday.
· Forbids all catching of salmon, shad and alewives from July 1 to
December 1 annually; forbids the purchase or sale of any fresh shad or alewives
after July 16 or fresh salmon after July 2nd.
· Forbids all fishing for salmon, shad and alewives, year round, from
the Penobscot River above the Piscataquis River or any stream or pond emptying
into the Penobscot River above the Piscataquis.
· Conflict of interest. Requires towns to appoint fish wardens who
"shall not be concerned in catching any of the said fish, and who shall
not be interested in any dam or other obstructions ..." [Given the
small populations and economies of Penobscot River towns at this time, finding
such disinterested people to serve as fish wardens was probably very difficult.]
1816 -- Massachusetts Laws, Chapter XCIX.
"An Act in addition to an act, entitled, 'An Act for the preservation
of Fish in Penobscot River and Bay, and the several streams emptying into
the same.'"
Summary:
Requires all weirs to be "entirely removed and demolished" on
or before July 5th of each year. Fine for violation is fifty dollars. Owners
of any weir erected without a license of the Selectmen the town is fined
one hundred dollars.
1828 -- Maine Law, Chapter DXX.
"An Act to Incorporate the Penobscot Dam Company."
1828 -- Maine Law, Chapter DXXX.
"An Act to regulate the taking of Alewives in Winslow's Stream and
Leach's Stream in the town of Penobscot."
1829 -- Maine Law, Chapter 58.
"An Act additional to several Acts for the preservation of fish in
Penobscot River and Bay, and the several streams emptying into the same."
Summary: Requires the Court of Sessions for Penobscot, Waldo and Hancock
Counties to appoint fish wardens to examine all dams on the Penobscot River
and streams entering to it after May 10 of each year to ensure fish passage
is available at the dams. If passage is absent or insufficient, the wardens
are empowered to give notice to the dam owner that passage must be provided
or improved.
1830 -- Maine Law, Chapter 85.
"An Act in addition to several Acts 'for the preservation of Fish in
Penobscot River and Bay, and the several streams that empty into the same.'"
Summary: Requires weirs in Penobscot River and Bay to be left open and clear
from sunrise on Saturday to sunrise on Monday (used to be sunrise Friday
to sunrise Monday).
1831 -- Maine Law, Chapter 163.
"An Additional Act for the preservation of Fish in the Penobscot River
and Bay, and several streams that empty into the same."
Summary: Requires weirs in Penobscot Bay south of Castine to be open and
clear from sunset Saturday to sunrise Monday (used to be sunrise Saturday
to sunrise Monday).
1831 -- Maine Law, Chapter 180.
"An Act additional to several Acts for the preservation of Fish in
Penobscot River and Bay, and the several streams emptying into the same."
Summary: Allows salmon weirs to remain in operation until July 12th (used
to be July 5th).
1831 -- Maine Law, Chapter 181.
"An Act additional to several Acts for the preservation of Fish in
Penobscot River and Bay, and the several streams emptying into the same."
Summary: Directs Court of Session of Penobscot County to appoint a fish
warden for the towns of Atkinson, Sebec, Dover and Foxcroft on Piscataquis
River.
1832 -- Maine Law, Chapter 23.
"And Act additional to the several Acts for the preservation of Fish
in Penobscot river and Bay and the several streams emptying into the same."
Summary: Directs County Commissioners of Penobscot, Hancock and Waldo Counties
to appoint two fish wardens for each county. (Used to be one fish warden
for each county).
1832 -- Maine Law, Chapter 35.
"An Act relative to the Fishery in Penobscot River and Bay."
Summary: Allows fishing by any means for salmon, shad and alewives in Penobscot
Bay south of Orphans (Verona) Island from May 10 to July 20th except from
sunset Saturday to sunrise Monday. Note that closing date of fishing season
for salmon below Bucksport has been extended many times, from June 10 (1786);
to July 1st (1814); to July 12 (1831); to July 20th (this law).
1833 -- Maine Law, Chapter 363.
"An Additional Act to incorporate the Penobscot Mill Dam Company."
Summary: States that the fishways required at this dam in the previous Act
of Incorporation of 1828 shall be "made and constructed of such size
and dimensions as may be prescribed by the six standing fish wardens of
the Counties of Penobscot, Hancock and Waldo."
1834 -- Maine Law, Chapter 410.
"An Act to Incorporate the Odoms Ledge Fishing Company."
Summary: Allows the corporation to build weirs for the taking of fish at
Odoms Ledge on the Penobscot River. Uncertain as to specific location of
Odoms Ledge.
1835 -- Maine Law, Chapter 194.
"An Act for the preservation of the Salmon, Shad and Alewive Fisheries
in Penobscot Bay and River, and their tributary waters."
Summary: Requires weirs to be removed by July 30th and three foot wide gate
or passage for fish be provided at all weirs from sunset Saturday to sunrise
Monday. Changes fishing season from May 10 to July 20th to April 1st to
July 10th. Sets fines at one dollar per salmon, 25 cents for each shad,
two cents for each alewife and forfeiture of any boat, net or weir used
in illegal fishing. The Act "accepts as sufficient" the lock at
the Eastern River in Orland for the passage of fish as required under the
Act. The Act exempts the Piscataquis River at and above the "Great
Falls" at Dover from the provisions of the Act, including requirements
for fish passage at dams. This suggests the owners of a mill dam at Dover
asked the Legislature to exempt from building fishways.
1836 -- Maine Law, Chapter 181.
"An Act in addition to an Act for the preservation of Salmon, Shad
and Alewives in the Penobscot River and Bay and their tributary waters."
Summary: Sets fines for mill dam owners failing to provide and construct
"good and sufficient" sluiceways for fish passage from May 10
to July 10 at no less than five dollars and no more than 30 dollars for
each day of violation. Sets fines for any town that refuses to appoint fish
wardens at 20 dollars. The Act exempts all dams on Penobscot River tributaries
above Bangor and south of the Mattawamkeag River from fish passage requirements,
excepting the Piscataquis and the Passadumkeag River and their tributaries.
1836 -- Maine Law, Chapter 101.
"An Act to Incorporate the Penobscot Mill and Manufacturing Company."
Summary: States the corporation may "erect on their own land at or
near Shad Rip Falls, in the town of Orono, such mills, dams, works and machines
and buildings as is necessary to carry on their business, Provided, that
they do not in any way obstruct the navigation of the Penobscot River."
Shad Rip Falls is located at French Island in Old Town, known earlier as
Treat & Webster Island.
1836 -- Maine Law, Chapter 222.
"And Act, in addition to the several Acts for the preservation of Salmon,
Shad and Alewives in the Penobscot River and its tributary streams."
Summary: Prohibits fishing for within 30 rods of a fishway and sets penalties
for violators at ten to 30 dollars or imprisonment (!!!) of not less than
10 days or more than 30 days.
1837 -- Maine Law, Chapter 305.
"An Act in addition to an Act to Incorporate the Penobscot Mill and
Manufacturing Company."
Summary: Allows the corporation build a dam and mills at "Piscataquis
Falls" on the Penobscot River. This is most likely at or near the site
of the West Enfield dam.
1837 -- Maine Law, Chapter 345.
"An Act additional to an Act for the preservation of Salmon, Shad and
Alewives in Penobscot River and Bay and their tributary streams."
Summary: Exempts "mill privileges on the River Piscataquis and its
tributaries" from requirements for providing fish passage.
1838 -- Maine Law, Chapter 335.
"An Act for the preservation of Fish in the Penobscot waters."
Summary:
· Creates a Board of Fish Wardens that are to meet regularly in Bangor
on the first Mondays of April, May, June and July and "maintain a general
superintendence ove the fisheries of salmon, shad, and alewives in the waters
of the Penobscot Bay, rivers and streams emptying into the same."
· The Board is directed to ensure fish passage is provided at dams
and "shall define and describe in writing the extent and limits of
such fishway, and cause the same to be entered into the records of the city,
town or plantation in which the fishway is situated.
· States, "That if any County or deputy Warden shall be forcibly
resisted in the discharge of any duty or in the exercise of any right prescribed
by the Act, he is hereby authorized to require of any person or persons
the assistance which may be requested for his protection, and to enable
him to discharge the duty or exercise the right aforesaid."
· Exempts dams on Blackman Stream, Kenduskeag Stream, Cold Stream,
the Piscataquis at and above Dover, Sebec Stream and Brewer Stream (Sedgeunkedunk)
from having fish passage.
· Restricts nets to less than eighty fathoms in length and fifteen
feet in depth. (Used to be 40 fathoms or less and 12 feet in depth).
· Sets fishing season at April 1st to June 30th north of Sandy Point
in Prospect and April 1st to July 20th south of Sandy Point. All weirs must
be removed by July 30th with a gate or passage provided after July 1st to
allow fish to escape. During the fishing season, weirs must be left open
from sunrise Friday to sunrise Monday (used to be sunset Saturday.
1839 -- Maine Law, Chapter 405.
"An Act additional to an Act for the preservation of Fish in the Penobscot
waters, approved March 21st, 1838."
Summary: Apparently some of the commercial fishermen lobbied the Legislature.
This Act opens fishing on Penobscot River year-round (repealing the season
restrictions above); with any net, weir or device of any size or dimension
(repeals all net length and depth restrictions). Reduces weekly closure
of the fishery by one day: to sunrise Saturday to sunrise Monday. Requires
weirs above Sandy Point in Prospect to be removed by July 25th of each year,
but allows weirs below this point to be fished all year.
1840 -- Maine Law, Chapter 16.
"An Act regulating the taking of Fish, and for the preservation thereof
in the several rivers, and streams emptying into rivers in this State."
Summary:
· Abolishes the Board of Fish Wardens established in 1838 and requires
County Commissioners to enforce fish passage laws.
· Directs the Commissioners to examine all dams "in rivers and
streams emptying into rivers in which Salmon, Shad and Alewives abound and
determine after due notice in writing to one or more of the parties interested
and a hearing thereon, what would be a suitable fish way or passage way
for fish in such dam and obstruction, not exceeding one foot in fifteen
of the width of the river or stream at the dam."
· Authorizes the commissioners to open a fishway at dam if the owner
refuses, at the owners expense, after giving the owners 20 days written
notice.
· Requires all weirs to be stripped so as to allow fish to escape
from them by July 15th of each year.
1843 -- Maine Law, Chapter 25.
"An Act for the preservation of salmon, shad and alewives in Penobscot
River and Bay, and their tributary streams."
Summary:
· Removes authority of the County Commissioners to enforce fish passage
and other fish laws on the Penobscot. For the first time, this Act requires
the Governor to appoint one resident each from Penobscot, Hancock and Waldo
Counties to be county fish wardens.
· Re-instates limited fishing season: April 1st to July 15th. Note
the Legislature made the fishing season year-round in 1839.
· Re-instates restrictions on net length and depths (no more than eighty
fathoms long and 15 feet in depth). Note the Legislature removed all gear
restrictions in 1839.
· Exempts mill privileges on Blackman Stream, Kenduskeag Stream,
Brewer Stream (Sedgeunkedunk) and Cold Stream (Passadumkeag tributary) and
the towns of Castine, Brooksville, Penobscot and Orland from the Act. Also
exempts the Penobscot River and Bay and tributaries south of Orphans (Verona)
Island.
1844 -- Maine Law, Chapter 180.
"An Act to Incorporate the Half Moon Pond Association for breeding
salmon."
Summary: Allows the corporation to introduce Atlantic salmon into Half Moon
Pond in Prospect (headwaters of South Branch Marsh River) for the purpose
of breeding them. This is interesting since it predates by 35 years construction
of the first Atlantic salmon hatchery at Craig Pond in Orland in 1870.
1846 -- Maine Law, Chapter 379.
"And Act to prevent the destruction of Fish in the Eastern Penobscot
River, in the town of Orland."
Summary: Applies to alewife run in Eastern (Orland) River in Orland, coming
out of Alamoosook Lake and Toddy Pond.
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