It shall be lawful to use trammel-nets (also known as two mesh and three mesh nets) in fish and game districts ten, eighteen and nineteen, the minimum meshes of which shall measure not less than eight inches in length.

Purse-nets and round haul-nets. It shall be lawful to use purse-nets and round haul-nets (also known as circle seines or lampara nets) in fish and game districts five, six, nine, ten, eleven, twelve, twelve b, thirteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty a, twenty-one and twentytwo; provided, that purse or round haul-nets are not to be used in any fish and game district for the purpose of taking salmon, steelhead, striped bass or shad, and that any person who has in possession any salmon, steelhead, striped bass or shad which have been caught with a purse or round haul-net is guilty of a misdemeanor; and provided, further, that in fish and game district fifteen, purse or round haulnets shall be used only for the purpose of taking fish for bait, and that in fish and game district sixteen, purse-nets or round haul-nets shall be used only for the purpose of taking squids, anchovies, and sardines. It shall be lawful to use circle seines or round haul-nets of not less than one-inch mesh in fish and game district seven a from April first to July thirty-first, both dates inclusive, for taking smelt, herring, perch, sardines or other nongame fish.

Beach-nets. It shall be lawful to use beach-nets (also known as beach seines or haul seines) in fish and game districts five, nine, ten, eleven, twelve, twelve a, twelve b, thirteen, eighteen, nineteen and twenty-two; provided, that in fish and game districts five, twelve, twelve a and twelve b the meshes of any beach-nets shall measure not less than five and one-half inches in length, and that in fish and game districts ten, eighteen and nineteen the meshes of the beachnets shall measure not less than one and one-half inches in length; and beach-nets shall only be used in fish and game district nineteen between the first day of September and the thirty-first day of January of the year following, both dates inclusive, and for the purpose of taking smelt only.

For the purpose of this act, any net hauled from the water to the beach or shore for the purpose of taking fish, shall be known as a beach-net.

Fyke-nets. It shall be lawful to use fyke-nets in fish and game district twelve b for the purpose of catching catfish, carp, pike, hardheads and suckers between the fifteenth day of August and the fourteenth day of May of the year following, both dates inclusive; provided, that the smallest

meshes of any fyke-net so used shall measure not less than two and one-half inches in length.

Trawl-nets. It shall be lawful to use trawl-nets (also known as paranzella nets, beam trawls or shrimp trawls) in fish and game districts five, six, seven, twelve, thirteen and eighteen; provided, that the use of any trawl-net in fish and game districts twelve and thirteen shall be for the purpose of taking shrimp only; and provided, further, that it shall be unlawful to use trawl-nets in any bay in fish and game district number eighteen.

Crab-nets. It shall be lawful to use crab-nets in fish and game districts five, six, seven, eight, nine, ten, eleven, twelve, thirteen, seventeen, eighteen and nineteen, and lobster traps in fish and game districts seventeen, eighteen and nineteen.

Shrimp-nets. It shall be lawful to use shrimp-nets (also known as Chinese shrimp or bag nets) in fish and game district thirteen for the purpose of taking shrimp only; provided, that any fish, mollusks or crustaceans other than marketable shrimp that may be taken in such shrimp-nets shall be immediately returned to the water.

Dip-nets. It shall be lawful to use dip-nets for the purpose of taking fish to be used as bait only, in any fish and game district, excepting fish and game district fourteen; provided, that in fish and game districts one, two, three and four such dip-net shall not be baited; and provided, further, that any dip-net in fish and game districts one, two, three, four, nineteen and twenty shall not measure more than six feet in its greatest breadth; and provided, further, that it shall be unlawful for any person to have in his possession any nets other than such bait dip-nets within fish and game district twenty.

Troll lines or hand lines. It shall be lawful to use troll lines or hand lines in any fish and game district, except fish and game district fourteen and to use trawl lines in fish and game districts five, six, seven, ten, seventeen, eighteen and nineteen. It shall also be lawful to use trawl lines (also known as set lines) in any lake in fish and game district two having a surface area of not less than seventy-five square miles, for the purpose of catching catfish only; provided, that it shall be unlawful to use minnows or any species of young fish on hooks attached to such trawl lines.

Spade, shovel, etc. It shall be lawful to use any spade, shovel, hoe, rake or other appliance operated by hand for the purpose of taking mollusks in fish and game districts

five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fifteen, sixteen, seventeen, eighteen, nineteen and twenty-one. Set-nets and lines. Any net or line shall be considered a set-net or set line that is made fast to the bank or ground or that shall be made fast in any way and shall not be free to drift with the tide or current, and any net so placed that it will catch or impound fish within a bight, bay or estuary or against the shore, upon the receding of the tide, shall be considered a set-net; provided, that fyke-nets, shrimp-nets or crab-nets shall not be considered set-nets, nor trawl lines be considered set lines. The length of the meshes of any net shall be determined by taking at least four meshes and measuring them between the knots while they are simultaneously drawn closely together.

Recovery of fish in overflowed areas. Nothing in this section shall prevent the fish and game commission, or persons authorized by them, from using any net or other appliance in any fish and game district for the purpose of recovering fish from overflowed areas or landlocked sloughs or ponds where they have been left isolated by receding streams or flood waters.

Scientific purposes. Nothing in this section shall prohibit the fish and game commission, or anyone authorized by them, from using such nets, traps, or other appliances in the waters of the state as they may deem necessary for carrying on scientific investigation or for the propagation of fish, mol-. lusks, or crustaceans. Nothing in this section shall prohibit the fish and game commission, or any person authorized by them, from using nets, traps, or other appliances in any fish and game district for experimental purposes.

Penalty. Every person violating any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars, nor more than five hundred dollars or by imprisonment in the county jail in the county in which the conviction shall be had, not less than one hundred days nor more than six months or by both such fine and imprisonment; and all fines and forfeitures imposed and collected for any violation of any of the provisions of this section shall be paid into the state treasury, to the credit of the fish and game preservation fund. [Amendment approved May 13, 1919; Stats. 1919, p. 420.]

This section was also amended in 1917. See Stats. 1917, p. 1043. Supp.-14

§ 636a. Nets, seines, etc., prohibited. Any net. seine, dragnet, paranzella, or set-net used for taking or catching fish, which shall be used or maintained in any of the waters of this state in violation of any existing or hereafter enacted statutes or laws of this state, for the protection of fish, is hereby declared to be a public nuisance, and it is the duty of every peace officer to seize and keep the same, and report such seizure to the board of fish and game commissioners of the state. Thereupon said board must commence proceedings in the superior court of the county, or city and county, in which the same shall have been seized, by filing a petition in said court, asking for a judgment forfeiting such net, seine, dragnet, paranzella, or set-net so seized. Upon the filing of such petition, it is the duty of the clerk of said court to fix a time for the hearing thereof and to cause notices to be posted for the space of fourteen days in at least three public places in the town, city, or city and county, where the court is held, setting forth the substance of such petition and the time and place fixed for its hearing; at such time the court must hear and determine said proceeding, and upon proof that the said net, seine, dragnet, paranzella, or set-net was used in violation of law, must order the same to be forfeited. Any such net duly ordered forfeited shall be sold or destroyed by the fish and game commission. All proceeds from the sale of such forfeited nets shall be paid into the state treasury to the credit of the fish and game preservation fund. [Amendment approved April 9, 1919; Stats. 1919, p. 64.]

§ 636c. Protection of fish. Notice of intention to construct or alter dams, etc. Penalty. Any person, firm or corporation owning in whole or in part, or leasing or operating or having in charge any completed dam or other artificial obstruction on any of the waters of this state in which fish have been planted or may exist, and every person, firm or corporation proposing to construct a dam or other artificial obstruction on any of the waters of this state in which fish have been planted or may exist, shall, before the alteration of said completed dam or other artificial obstruction, or before the commencement of the construction of said proposed dam or other artificial obstruction, file with the state fish and game commission a notice of intention to alter said completed dam or other artificial obstruction or to construct said proposed dam or other artificial obstruction. Said notice with a plan of the proposed work annexed thereto shall state the name, length and location of the waters and the exact point upon said

waters where said completed dam or other artificial obstruction to be altered or reconstructed is situated, or the said proposed dam or other artificial obstruction is to be constructed. Upon the receipt of said notice, with plan annexed thereto, it shall be the duty of the board of fish and game commissioners to examine said plans. If the proposed alteration or construction will, when finished, prevent the free passage of such fish as naturally frequent the waters upon which said proposed construction or alteration is to be built, the same procedure shall be followed as provided for in section six hundred thirty-seven of this code, in so far as the same shall be applicable.

Every person found guilty of violating any of the provisions of this section shall be punished by a fine not less than two hundred dollars or more than one thousand dollars, or by imprisonment in the county jail of the county in which the conviction shall be had not less than one hundred days or more than one year, or by both such fine and imprisonment; provided, that a continuance from day to day of the negligence or refusal to equip and maintain a fishway or equip and maintain a hatchery, together with dwellings for help, traps for the taking of fish, and all other equipment necessary to operate such hatchery, or to plant fish, after final order duly given and made by the said board, shall constitute a separate offense. All fines and forfeitures imposed and collected for any violation of this act shall be paid into the state treasury to the credit of the fish and game preservation fund. [New section added May 21, 1919; Stats. 1919, p. 779.]

§ 637. Fishways provided over or around dams. To be kept free from obstructions. Hatchery constructed when fishway impracticable. Planting of fish. Right of access. Sale of young fish. Hearing on necessity for ladders. Orders of commission. 1. It shall be the duty of the state board of fish and game commissioners to examine, from time to time, all dams and artificial obstructions in all rivers. and streams in this state naturally frequented by salmon, trout, shad and other fish; and if, in its opinion, there is not free passage for fish over and around any dam or artificial obstruction, to order in writing the owners or occupants thereof to provide the same, within a specified time, with a durable and efficient fishway,, of such form and capacity, and in such location as shall be determined by the state board of fish and game commissioners, or persons authorized by them, and such fishway must be completed by the owners or occupants of such dam or artificial obstruction to the