Section 93. A town may open ditches, sluiceways or canals into any pond within its limits not then in private possession for the introduction and propagation in such pond or in any part thereof of herring, alewives or other swimming marine food fish, and for the creation of fisheries for the same; and may take by eminent domain under chapter seventy-nine such land, waters and easements within its limits as may be necessary for such ditches, sluiceways and canals and for the construction and proper operation and use of such fishery and approaches thereto. A town creating such fishery shall own it, may make regulations concerning it, and may lease it for terms of not more than five years, on conditions mutually agreed upon.