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General Dwers board

receiving proposals of said contracts, and the character and magnitude of the work to be performed, the materials to be furnished, or both, if required, for the construction of the said works.

Sec. (218-20). The board of public works shall have charge of the public works of the state, and shall have power to perfect, render useful, maintain, keep in repair, and protect the same; and to that end shall have power to remove obstructions therein or thereto, and to make such alterations or amendments thereof (whether now or hereafter constructed), and to make such feeders, dykes, reservoirs, locks, dams, and other works, devices and improvements, as they may think proper for the respective purposes aforesaid ; that to enable them to exercise the powers aforesaid, it shall be lawful for the board of public works to purchase in the name and on behalf of the state, such real or personal property, riglits or privileges, as may be necessary for the respective purposes aforesaid; and also, to agree with any owner whose property may be appropriated as hereinafter mentioned, upon the sum of money to be paid by the state as compensation therefor, and to pay the same in the manner designated by law; and it shall also be lawful for the board of public works and every superintendent, agent, or engineer employed by them to enter upon, take possession of and use, upon the conditions and subject to the limitations hereinafter prescribed, any lands, waters, streams, or materials necessary for the respective purposes aforesaid, doing, nevertheless, no unnecessary damage; and they may also enter upon any lands for the purpose of making any surveys or taking any levels that it may be necessary or expedient to make or take, in the discharge of their respective duties.

SECTION That sections (218-1) (218-5) (218-8) (218-9) (218-20) of the Revised Statutes of Ohio be, and the same are hereby repealed, and this act shall take effect and be in force from and after its passage.

W. S. MCKINNON,
Speaker of the House of Representatives.

F. B. ARCHER,

President of the Senate. Passed May 6, 1902.

264G

Repeals, etc.

2.

[House Bill No. 435. ]

AN ACT
To amend sections 6968-1, 6968-2, 6968-3 and 6968-4 and to further

supplement section 6968 by supplemental sections 6968-5 and

6968-6 of the Revised Statutes of Ohio. Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That sections 6968-1, 6968-2, 6968-3 and 6968-4 of the Revised Statutes of Ohio be amended and sections 6968-5 and 6968-6 of the Revised Statutes be en-acted so as to read as follows:

Offenses against public policy:

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Sec. 6968-1. No person shall draw, set, place, locate, Use of nets or or maintain any pound-net, gill-net, seine, trap-net, or fish- bibited Pino net whatever, nor catch fish with any such net whatever, waters of the in any of the waters of this state, except the following: Lake Erie, The waters of Lake Erie; the waters of Sandusky bay as far :p as one-half mile east of the east end of Eagle island; the waters of Portage bay as far up as Oak Harbor bridge; the waters of any other bay bordering on or flowing into Lake Erie. No person shall draw, set, place, locate, or Time within maintain any pound-net, gill-net, trap-net, or fish-net what- which nets or ever, in the waters of Lake Erie nor in Sandusky bay, mitted to be Portage bay, or any other bay bordering on or flowing into Lake Erie, between the fifteenth day of December and the fifteenth day of March, inclusive. But nothing herein shall permit the catching of fish in that portion of the waters of Ten Mile creek lying within this state, nor in the waters of the Maumee river above a point opposite Presque Isle, with any device whatever, except with hook and line, with bait or lure. No person shall draw, set, place, locate, or main- Reels. tain any net whatever on any of the reefs of Lake Erie. No Distance from person shall draw, set, place, locate, or maintain any net or mainland; whatever, in any channel or passage lying between any

channel or two islands, or between an island and the mainland, at a greater distance from the shore of any such island or mainland, than one-fourth the distance across such channel or passage. No person'shall draw, set, place, locate, or main- Pier, breaktain any net whatever within a radius of one-half mile from

bankment, any pier or break-water built or maintained by the United dam, bridge,

. States government; nor at or within one-half mile of the mouth of any river flowing into Lake Erie; nor within one-half mile of any embankment, dam, or bridge in any bay or river connected with or flowing into Lake Erie; nor more than one-fourth the distance across any bay or river whose waters flow into Lake Erie. Provided, it shall be Catching of unlawful to catch at any time in any of the waters men- with seine tioned in this section, any black bass, except with hook prohibited. and line, and any black bass caught unintentionally in any net at any time shall, while the nets are being lifted, be immediately released alive, in such a manner as not to injure the fish so released. It shall be unlawful for any person, firm or corporation to sell, offer for sale, barter, or give away, or have in possession for any such purpose, or to ship out of this state, or to transport out of this state any black bass caught in any of the rivers, brooks, ponds, lakes, or other bodies of water in the state or covered by the provisions of this act, or which was caught in any such body of water without the state of Ohio, provided that black bass Time within shall not be caught in any manner between the 20th day of which black Mlay and the roth day of July. Provided further it shall be caught by be unlawful to catch, take, buy or sell any minnows in any manner except for bait to be used within the state of Ohio, Minnows. and it shall be unlawful to ship any minnows or so-called "white bait" out of the state of Ohio.

Statement

aud amount

to be filed with commissioners of fish and game.

License for Sec. 6968-2. Every person, company or corporation net fishing; irom whom intending to fish for profit with nets in the waters of Lake obtained; fees. Erie, Sandusky bay, Portage bay or any other bay border

ing on or flowing into Lake Erie, shall before doing so make application to the fish and game commissioners of this state for a license to do so and shall pay therefor the sum of fifty cents to said fish and game commission. Every application for a license shall set forth the name and place of residence of the person, firm or corporation making such application, also the kind of nets intended to be operated. Whenever any person, persons, company or corporation shall apply to the fish and game commissioners for a license to fish for profit with nets in the waters mentioned in this section, the said commissioners shall, upon receiving the fee herein provided, issue such license duly signed by the president and authorized secretary, which license shall hold good from the time it is issued until the close of the

calendar year in which it is issued. Every person, comshowing kind

pany or corporation engaged in fishing for profit with nets of fish caught

n the waters mentioned in this section shall, on the last lays of June and December of each year, file with the comimissioners of fish and game a statement, in such form as they shall prescribe, which shall show the varieties or species of fish caught and the amount in weight of each variety or species, with the number and kinds of nets used. and the number of men employed in fishing during the preceding six months. Every such report shall be sworn to by the person making such report, in case of a firin by a mem

ber of the firm, and in case of a company or corporation Provision by an officer of such company or corporation. For the

purpose of providing for and establishing and maintaining

fish' hatcheries and propagating fish otherwise for the hatcheries. waters mentioned in this section each and every person,

company or corporation engaged in taking fish for profit with nets in waters mentioned in this section shall within ten days after the last days of June and December, respectively, pay to the president of the commissioners of fish and game the sum of fifty (50) cents per ton, of two thousand pounds, upon each and every ton of food fish so caught in the waters mentioned in this section within the six months next preceding the last day of June and December, respectively, except sheephead and German carp, and for every ton of German carp 10 cents per ton. The president of the fish and game commission shall pay such money into the state treasury as a special fund for the purpose of paving expenses in establishing and maintaining fish hatcheries and propagating fish therein or propagating fish otherwise for the waters mentioned in this section and for this purpose such fund is hereby appropriated, but shall not nor any part thereof be paid out for any other purpose. Ind said fund shall be subject to the order of the commissioners of fish and game, but shall be by them paid out only

for establislıment and maintenance of fish

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be con-
structed.

certain fish

under pre

for the purpose for which said fund is appropriated. Any Penalty for person, firm or corporation neglecting to file such certified neglecting to statement or failing and neglecting to pay the amount statement. herein provided to the president of the commissioners of fish and game, or to do and perform the several matters and things herein required of such person, firm or corporation, shall forfeit and pay to the state of Ohio the sum of $100 for such neglect, refusal or failure, and such sum may be recovered by civil action, instituted by the commissioners of fish and game in any court of competent jurisdiction in the name of the state of Ohio.

Sec. 6968-3. After December 15th, 1902, the bottom How ners to or back side of the crib or car of all nets used in fisliing in the waters mentioned in section 6968-1 of thię Revised Statutes of Ohio, shall be so constructed that the meshes thereoi shall not be less than two and three-fourths inches in length and width, stretched mesh, factory measure. Provided, however, that a smaller mesh may be used around the edge next to the corner or side lines of the bottom or back side of such crib or car not exceeding in width one-quarter the distance of the width or heights of such back side or bottom; the word crib or car is to mean that part of any net intended to finally hold and retain fish after the same have passed through the tunnel or tunnels of a net. No person Possession of shall have in his possession fish caught in any of the waters mentioned in this act, of a less length than the following scribed tengih unless caught with hook and line; catfish, thirteen inches : with hook and and sturgeon, four feet; and all such fish caught of a less line: prolength than herein prescribed shall, while the nets are being lifted, be immediately released alive, and in such manner as not to injure the fish so released. Provided, however, "hat not

dermed vilathat the releasing of such undersized fisli shall apply only urinn, to the varieties of fish herein mentioned, and having in possession or failing to return to the water alive, as herein mentioned by the catcher, a quantity of such undersized fish not exceeding in weight three per cent. of each boat load, or part of a boat load, lot, catch, or haul, brought into port, of each variety of fish, the length of which is herein prescribed, shall not be deemed a violation of this act. No person shall catch or kill any fish in le of dynaany of the waters mentioned in this act by the use of dyna- ilar explosive mite, or any other explosive material or by the use of any prohibi:cd. poiserous drug, bait, or food. No person shall buy, sell Purcha e, or offer for sale, or liave in his possession, any fish caught session. out of season or in any manner prohibited. Any person or Penalna persons, company or corporation or agent or employe of the same, or any officer of any company or corporation who license shall engage in fishing with nets for the purpose of catching fish in the waters of Lake Erie, Sandusky bav, l'ortage hav or in any other bay bordering on or flowing into Lake Erie without having first made an application for license to fish for profit in the waters mentioned in this section and proCuired a license to do so as provided in section 6068-2 of this act shall be guilty of a misdemeanor and whoever violates

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any of the provisions of this section, or any provision of sections 6968-1 or 6968-2 of the Revised Statutes of Ohio shall, upon conviction, be fined not less than twenty-five dollars, nor more than one hundred dollars, for the first offense, and not less than fifty dollars nor more than two hundred dollars for each subsequent offense.

Sec. 6968-4. (1.) Any fish confined in any net or by any device authorized by law to be fished when so confined, shall be the property of the person, firm, company or corporation operating such net or device and shall be the subject of larceny.

(2.) All fish caught and brought into any port, or to any shore, in the state of Ohio, upon which an import duty has not been paid under the laws of the United States, shall be deemed to have been caught in the waters mentioned in section 6968-2 of this act, and the same shall be subject to the tonnage tax provided in said section.

(3.) Channels and passages shall be considered those waters lying between islands, or an island and the mainland, where the waters of the lake are narrowed or obstructed in consequence of the location of the island therein.

(4.) No rock or land elevated above the surface of the water of Lake Erie having an area of less than five acres above water shall be considered an island within the meaning of this act.

(5.) For the purpose of this act a reef shall mean an elevation of rock either broken or in place or gravel shown by the latest U. S. chart to be above the common level of the surrounding bottom of the lake, other than the rock, broken or in place, forming the base or foundation rock of an island or mainland, and sloping from the shore thereof; and shall also mean all elevation shown by such chart to he above the common level of such sloping base or foundation rock of an island or mainland, whether running from the shore of an island or parallel with the contour of the shore of an island or in any other way, whether formed by rock broken or in place or from gravel.

(6.) .Measurements of fish shall be made from end of the nose to the longest tip or end of the tail.

(7.) Nothing herein shall prevent the taking of minnows for bait to be used within this state with a net 1106 exceeding eight feet in length, or shall prevent the commissioners of fish and game, their agents or employes, from taking fish at any time, or place, or in any manner, for the purpose of stocking ponds, lakes, or rivers, or for the maintenance or cultivation of fish in hatcheries. And nothing herein shall apply to the catching of German carp in any of the bays, marshes, estuaries, or inlets bordering upon, flowing into, or in any manner connected with Lake Erie, which may be caught at any time, with any net, seine, or trap, provided written permission to take German carp shall be granted to any person who shall make application, and satisfy the commissioners that if granted such privilege,

Measurements,

Bait; stocking
artificial
ponds; Ger-
man carp.

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