Exceptions. Oysters to be taken in day time, only. Citizens only may take shellfish. Penalties. Penalty on second conviction. with its tackle, apparel, and furniture, and all implements thereto belonging, and in addition thereto shall be fined one hundred dollars, one-half thereof to the use of the state and one-half thereof to the use of the complainant. SEC. 4. Nothing in the preceding section shall be so construed to prevent any citizen of this state from taking oysters in the public waters of this state with dredges when the water at mean low tide is fifteen or more feet in depth: Provided, however, no such dredges shall be used or operated by any vessel propelled by machinery. SEC. 5. No person shall take oysters from a public oyster ground or bed except between the hours of sunrise and sunset on any day. SEC. 6. No person shall be allowed to fish for oysters or other shellfish within the public fisheries of this state, unless he and his employer are at the time, and have been for one year next preceding, residents of this state. SEC. 7. Every person violating any of the provisions of sections four, five, and six of this act shall be fined twenty dollars for each offence, one-half thereof to the use of the complainant and one-half thereof to the use of the state; and every boat or vessel used in any way or employed in taking oysters or shellfish contrary to the provisions of any of said sections shall, together with its tackle, apparel, furniture, and implements on board, be forfeited. SEC. 8. Every 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 oysters in the waters of the state for three years thereafter, under a penalty of thirty days imprisonment for each offence. SEC. 9. Chapter 169 of the General Laws and all acts and parts of acts inconsistent herewith are hereby repealed, and, this act shall take effect from and after its passage. CHAPTER 833. 26, 1901. AN ACT IN AMENDMENT OF AND IN ADDITION TO CHAPTER Passed March 173 OF THE GENERAL LAWS, ENTITLED "OF THE SCALLOP FISHERIES" It is enacted by the General Assembly as follows: SECTION 1. Every person who shall take any scallops 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 scallops, including the shells, for each boat actually employed by him in taking the same, shall be fined twenty dollars and be imprisoned not more than thirty days for each such offence. SEC. 3. Every person who shall take any scallops 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 contained shall be so construed as to prevent any person from taking scallops 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. SEC. 4. Every person who shall take any seed scallops from any of the waters of this state by dredging or by any other means, or shall have in his possession any seed scallops 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. Penalty for taking of scallops between sunset and sunrise. Penalty for than that taking of more quantity in one day. Penalty for close time. violation of Penalty for taking seed scallops. SEC. 5. Every person, before engaging in the taking of Scallop fisherscallops, shall obtain from the commissioners of shell fisher- licensed. men to be Licenses, when to expire, and fee for. To be granted Boats to be numbered, Penalty for opening scallops while catching them and throwing beds, etc. shells onto the Of the possession of scallops during close time. ies 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 scallops from any of the waters of this state without first obtaining such license from said commissioners 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 scallops 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 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 act 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. SEC. 8. Every person who shall open any scallops while catching them or throw the shells onto the scallop 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. Possession by any person of any scallops between the fifteenth day of April and the first day of September shall be prima facie evidence before any court of competent jurisdiction that such scallops were taken in violation of this chap |