Section 38. The department may make reasonable rules and regulations, not impairing freight traffic, for the care, maintenance, protection and policing of the Charles river basin as defined in section two of chapter five hundred and twenty-four of the acts of nineteen hundred and nine and amendments thereof, breaches of which rules and regulations shall be breaches of the peace punishable by fine not exceeding fifty dollars for each offence. The division shall cause such rules and regulations to be published once in a newspaper published in Boston, and such publication shall be sufficient notice to all persons. The sworn certificate of the director of such publication shall be prima facie evidence thereof. A copy of any such rule or regulation, or of a rule or regulation made under the preceding section, attested by the commissioner, shall be prima facie evidence that said rule or regulation was made by the division.