Tunk Stream

1830 -- An Act to regulate the taking of fish in Tunk River. Laws of the State of Maine. Chapter 117.

Text of Act:

"Sect. 1. Be it enacted by the Senate and House of Representatives, in Legislature assembled, That from and after the passing of this Act, it shall be lawful for the town of Steuben, at its annual meeting, in the month of March or April, to choose a committee of not more than five or less than three persons, who shall be inhabitants of said town, who shall be sworn to the faithful discharge of their duty. And said committee shall cause sufficient ways to be kept open and free for the passage of Salmon and Alewives up said Tunk river in said town, from sunset on Friday in each week, from the tenth day of May to the tenth day of August, in each year (unless said town at its annual meeting, shall agree upon a shorter period,) until sunrise of the Monday following; and said committee or either of them, shall have the power to remove all obstructions to the convenient passage of such fish up said river, which they may find therein, during the time aforesaid, and in the discharge of the duties required in and by this Act, may pass over and upon the lands of any person, through or by which said river runs, without being considered trespassers; and any person hindering or molesting said committee, or either of them, in discharge of his or their duty in said office, or who shall obstruct any such passage way in said river, during the term aforesaid, he or they so offending, shall forfeit and pay a sum not exceeding twenty dollars nor less than five dollars.

"Sect. 2. Be it further enacted, That a good and sufficient fish-way shall be made and maintained by said town through, around or over every milldan, which now is, or may hereafter be across said river in said town, agreeably to, and under the direction of said committee, and shall be kept open and free from obstructions, at all times specified in the first section of this Act, by the owners or occumpants of such mill-dams; and if any such owner or occupant shall neglect to keep such fish way open and free from obstruction, as herein required, he shall forfeit and pay a sum, not exceeding one hundred, nor less than twenty dollars, for each neglect or refusal.

"Sect. 3. Be it further enacted, That if any person or persons shall, by dip-nets, wears, or any other method, taken any of the above mentioned fish, in any of the waters of said river, within said town, between the time of sunsetting on Friday in each week, and sunrising on the following Monday, during the term aforesaid, he or they so offending, shall forfeit and pay three dollars for each salmon so taken, and three dollars for each hundred alewives, and in the same proporton for a greater or less number.

"Sect. 4. Be it further enacted, That said town may, at its annual meeting, sell and dispose of the privilege of taking said fish for any term not exceeding one year, at any one time, to any person or persons, under such restrictions and regulations as said town may direct; and may also establish, from time to time, the price at which said fish shall be sold; and the profits arising from such sale shall be appropriated to such purposes as the inhabitants of said towns and plantations shall respectively order. And if any person or persons other than those to whom the town shall have sold said privilege, shall take any of said fish, he or they shall forfeit and pay a sum not more than twenty, nor less than five dollars.

"Sect. 5. Be it further enacted, That if said town shall neglect or refuse to avail itself of the provisions of the fourth section of this Act, the owners or occupants, of mill-dams on said river, shall make and maintain sufficient fishways, agreeable to the provisions of the second section of this Act; and if any such owner or occupant shall refuse or neglect to make and maintain such fishway, to the acceptance of aforesaid committee, he shall forfeit and pay a sum not exceeding one hundred nor less than twenty dollars, for each neglect or refusal. And such owner or occupant may, if he choose, in every case make and maintain such fish-way at his own expense."

Approved March 18, 1830."

1839 -- Petition by inhabitants of the Town of Steuben for an Act to preserve Frost Fish in Tunk Stream.

Text of Petition:

"To the Senate and House of Representative of the State of Maine in Legislature assembled:

The undersigned inhabitants of the Town of Steuben respectfully represent that many years ago, the taking of Frost Fish [tomcod] in the Tunk Stream was of considerable importance to the inhabitants of this town and for want of its preservation, said fish are now almost entirely run out. We therefore pray your honourable body, will take the subject into consideration and pass a law securing and preserving the privilege in common to the inhabitants of Steuben -- and in duty will ever pray.

Samuel Stevens, Jr. and 36 others.

[petitioners' recommended language for the Act]

"Bill for the regulation and taking of Frost Fish in the Tunk Stream in Steuben

Be in enacted by the Senate and House of Representatives in Legislature assembled

Sec. 1st. No person shall be allowed to take frost fish in the channel of Tunk Stream in Steuben between Hardys wharf and the mouth of the Channel of Whitten & Parritts Stream by dipping them into boats or otherwise, between the months of October and March, and the persons so offending shall forfeit and pay for each offence Thirty dollars, one half to the complainant, the other half to the use of the town.

Sec. 2nd. Be it further enacted that no person shall be allowed to dip or otherwise take fish in the stream between Hardys Wharf and the Mill dam from Saturday morning sunrise till Monday morning sunrise of each week while the fish continue to run, and any person so offending shall forfeit and pay Ten Dollars for each offence, one half to the complainant and other half to the use of the town.

Sec. 3. Be it further enacted that it shall be the duty of the Town of Steuben at their annual meeting to choose three persons as fish wards whose duty it shall be to see the law is observed and complain of all persons who may offend."

Source: Maine State Archives. Legislative GY. Box 128, File 19.

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