A lobster was caught at Beal Island, near West Jonesport, which was about 6 or 7 inches in length and almost jet black.
A few bright-red lobsters, looking as though they had been boiled, have also been taken along the coast at various times.
A lobster was caught near Long Island, Casco Bay, about the year 1886, in which half of the body was light-yellow up to the middle line of the back, while the other half was bright-red. There were no spots on the shell.
In September, 1898, Mr. R. T. Carver, of Vinal Haven, had in his possession a female lobster, about 11 inches long, of a bright-red color all over, except the forward half of the right side of the carapace and the feeler on this side, which were of the usual color.
LAWS REGULATING THE FISHERY
In 1897 the legislature revised and consolidated the laws relating to the sea and shore fisheries of Maine, and below are given the sections relating to the lobster fishery adopted that year, together with the amendments to the act adopted in 1899, which are incorporated herewith:
Sec. 39. It is unlawful to catch, buy or sell, or expose for sale, or possess for any purpose, any lobsters less than 10½ inches in length, alive or dead, cooked or uncooked, measured in manner as follows: Taking the length of the back of the lobster, measured from the bone of the nose to the end of the bone of the middle of the flipper of the tail, the length to be taken in a gauge with a cleat upon each end of the same, measuring 10½ inches between said cleats, with the lobster laid upon its back and extended upon its back upon the gauge, without stretching or pulling, to the end of the bone of the middle flipper of the tail, its natural length, and any lobster shorter than the prescribed length when caught, shall be liberated alive at the risk and cost of the parties taking them, under a penalty of $1 for each lobster so caught, bought, sold, exposed for sale, or in the possession not so liberated. The possession of mutilated, uncooked lobsters shall be prima facie evidence that they are not of the required length.
Sec. 40. It is unlawful to destroy, buy, sell, expose for sale, or possess any female lobsters in spawn or with eggs attached at any season of the year, under a penalty of $10 for each lobster so destroyed, caught, bought, sold, exposed for sale, or possessed: Provided, however, If it appears that it was intended to liberate them in accordance with the provisions of this act, the persons having such lobsters in possession shall not be liable to any of the penalties herein provided for, though he may have failed, for any cause not within his control, to so liberate them.
Sec. 41. It shall be unlawful to can, preserve, or pickle lobsters less than 10½ inches in length, alive or dead, measured as aforesaid; and for every lobster canned, preserved, or pickled contrary to the provisions of this section every person, firm, association, or corporation so canning, preserving, or pickling shall be liable to a penalty of $1 for every lobster so canned, preserved, or pickled contrary to the provisions of this section, and a further penalty of $300 for every day on which such unlawful canning, preserving, or pickling is carried on.
Sec. 42. All barrels, boxes, or other packages in transit containing lobsters shall be marked with the word lobsters in capital letters, at least 1 inch in length, together with the full name of the shipper. Said marking shall be placed in a plain and legible manner on the outside of such barrel, boxes, or other packages; and in case of seizure by any duly authorized officer of any barrels, boxes, or other packages in transit, containing lobsters, which are not so marked, or in case of seizure by such officer of barrels, boxes, or other packages in transit containing lobsters less than the prescribed length, such lobsters as are alive and less than the prescribed length shall be liberated and all such lobsters as are of the prescribed length found in such barrels, boxes, or packages, together with such barrels, boxes, and packages, shall be forfeited and disposed of under the provisions of section 47 of this act.
Sec. 43. Every person, firm, association, or corporation who ships lobsters without having the barrels, boxes, or other packages in which the same are contained marked as prescribed in the previous section shall upon conviction be punished by a fine of $25, and upon subsequent conviction thereof by a fine of $50; and any person or corporation in the business of a common carrier of merchandise who shall carry or transport from place to place lobsters in barrels, boxes, or other packages not so marked shall be liable to a penalty of $50 upon such conviction thereof.
Sec. 44. All cars in which lobsters are kept, and all lobster cars while in the water, shall have the name of the owner or owners thereof on the top of the car, where it may plainly be seen, in letters not less than three-fourths of an inch in length, plainly carved or branded thereon, and all traps, cars, or other devices for the catching of lobsters shall have, while in the water, the owner's name carved or branded in like manner on all the buoys attached to said traps or other devices, under a penalty of $10 for each car and $5 for each trap or device not so marked; and if sufficient proof to establish the ownership of such cars or traps can not be readily obtained, they may be declared forfeited, subject to the provisions of section 47 of this act.
Sec. 45. All persons are hereby prohibited from setting any lobster traps within 300 feet of the mouth or outer end of the leaders of any fish weir, under a penalty of $10 for each offense.
Sec. 46. Whoever takes up, or attempts to take up, or in any way knowingly and willfully interferes with any lobster trap while set for use, without the authority of the owner thereof, shall be punished by a fine of not less than $20, nor more than $50; Provided, however, That no action, complaint, or indictment shall be maintained under this section unless the name of the owner of all such traps shall be carved or branded in legible letters, not less than three-fourths of an inch in length, on all the buoys connected with such traps.
Sec. 47. When any lobsters are seized by virtue of the provisions of this act, it shall be the duty of the officer making such seizure to cause such lobsters, so seized, as he is not required by law to liberate, together with the cars, traps, barrels, boxes, or other packages in which they are contained, to be appraised within 24 hours after the time of such seizures by three disinterested men residing in the county where such seizure is made, to be selected by him, and the lobsters, cars, traps, barrels, boxes, or other packages so seized and appraised shall thereupon be sold by the officer making the seizure thereof, at such time and in such manner as shall by him be deemed proper. The officer making such seizure and sale shall within ten days after the time of such seizure file a libel in behalf of the State before a trial justice, or a judge of a police or municipal court of the county in which such seizure was made, setting forth the fact of such seizure, appraisal, and sale, the time and place of the seizure, the number of lobsters, cars, traps, barrels, boxes, or other packages so seized and sold, and the amount of the proceeds of such sale; and such trial justice or judge shall appoint a time and place for the hearing of such libel, and shall issue a notice of the same to all persons interested to appear at the time and place appointed, and show cause why the lobsters, cars, traps, barrels, boxes, or other packages so seized and sold, and the proceeds of such sale, should not be declared forfeited, which notice shall be served upon the owner, if known, and by causing an attested copy of such libel and notice to be posted in two public and conspicuous places in the town in which the seizure was made, seven days at least before the time of hearing.
If any person appears at the time and place of hearing, and claims that the lobsters, cars, traps, barrels, boxes, or other packages so seized and sold were not liable to forfeiture at the time of seizure, and that he was entitled thereto, the trial justice or judge shall hear and determine the cause, and if he shall decide that such lobsters, cars, traps, barrels, boxes, or other packages, at the time of seizure, were not liable to forfeiture, and that the claimant was entitled thereto, he shall order the proceeds of such sale to be paid to the claimant; if no claimant shall appear, or if such trial justice or judge shall decide that such lobsters, traps, cars, barrels, boxes, or other packages, at the time of the seizure, were liable to forfeiture, or that the claimant was not entitled thereto, he shall decree a forfeiture of such lobsters, cars, traps, barrels, boxes, or other packages, and of the proceeds of sale, and shall order the proceeds of sale, after deducting all lawful charges, to be paid to the county treasurer, and by him to the State treasurer, to be used as directed in section 48 of this act, and shall render judgment against the claimant for costs to be taxed as in civil suits, and issue execution therefor against him in favor of the State, which costs, when collected, shall be paid in to the treasurer of the county, and by him to the treasurer of the State, to be added and made a part of the appropriation for sea and shore fisheries. The claimant shall have the right of appeal to the next supreme judicial court or superior court in the county, upon recognizing and paying the fees for copies and entry as in cases of appeal in criminal cases. The fees and costs of seizure, appraisal, and sale, and in all other proceedings in the case, shall be as provided by law in criminal cases, and in case a forfeiture shall be declared, shall be paid out of the proceeds of the sale, otherwise shall be paid by the county, as in criminal cases.
Sec. 48. All fines and penalties under this act may be recovered by complaint, indictment, or action of debt brought in the county where the offense is committed. The action of debt shall be brought in the name of the commissioner of sea and shore fisheries, and all offenses under or violations of the provisions of this statute may be settled by the commissioner of sea and shore fisheries, upon such terms and conditions as he deems advisable. All fines, penalties, and collections under this act shall be paid into the treasury of the county where the offense is committed, and by such treasurer to the State treasurer, to be added to and made a part of the appropriation for sea and shore fisheries.
Sec. 49. The commissioner of sea and shore fisheries may take fish of any kind, when, where, and in such manner as he chooses, for the purposes of science, of cultivation, and of dissemination, and he may grant written permits to other persons to take fish for the same purposes, and may introduce or permit to be introduced any kind of fish into any waters.
The following special act was passed at the 1899 session of the legislature:
Sec. 1. No person shall take, catch, kill, or destroy any lobsters between the 1st day of July and the 1st day of September in each year, under a penalty of $1 for each lobster so taken, caught, killed, or destroyed, in the waters of Pigeon Hill Bay, so called, in the towns of Millbridge and Steuben, within the following points, namely: Commencing at Woods Pond Point, on the west side of Pigeon Hill Bay; thence easterly to the Nubble, on Little Bois Bubert Island; thence by the shore to the head of Bois Bubert Island; thence northerly to Joe Dyers Point, so called; thence by the shore around Long Cove and the creek; thence to the head of Pigeon Hill Bay aforesaid; thence by the shore to the first-mentioned bound.
Sec. 2. All fines and penalties under this act may be recovered as provided in section 48 of chapter 285 of the Public Laws of 1897.