State v. Vosgien

Citations

• 82 Wash. 685
• 144 P. 947
• 1914 Wash. LEXIS 1576

Syllabus

<p>Fish — Fisheries — Begulations — “Set Nets” — “Fixed Appliances” — Construction. A “set net” one end of which was fastened to a fixed object on the bank of a river, and the other end to a buoy in the river held in place by an anchor which was removable, so that salmon could be caught in the net without the aid of a human being, is a “fixed appliance” within the meaning of Bern. & Bal. Code, § 5183, making it unlawful to maintain in specified waters any pound net, trap, weir, fish wheel or “other fixed appliance” “set lines excepted;” in view of the ordinary meaning of “set” and the history of our statutes classifying set nets among fixed appliances, and in view of the provision excepting all “set lines;” notwithstanding a law for the collection of licenses enumerates the set net with the less permanent appliances; and notwithstanding § 5216, providing that nothing in the act shall prevent fishing with set nets in any of the rivers of the state, except when specially prohibited by law etc.; since the latter section was not intended as an exception to the prohibitions of § 5183, but as an independent provision relating to other waters.</p> <p>Same. Bern. & Bal. Code, § 5193, determining the size of set nets allowable in certain waters, has no bearing upon the prohibition of set nets in portions of such waters.</p>