190 Fourth Annual Report of the 



connection with such land, and may establish thereon a game and 

 bird refuge, upon publishing and posting the notices as provided 

 in section 360. 



Formerly section 372 only allowed a person who was in 

 possession of a breeder's license to kill elk or deer, by shooting or 

 otherwise, between the first day of October and the first day of 

 March, both inclusive. Pheasants could be killed by shooting or 

 otherwise between the first day of October and the 31st day of 

 January, both inclusive. Mallard ducks and black ducks could 

 be killed by shooting or otherwise from the first day of October 

 to the tenth day of January. By the amendment, elk, deer, 

 pheasants, mallard and black ducks may be killed in any manner 

 at any time under a breeder's license, but mallard or black ducks 

 killed by shooting under a breeder's license shall not be bought, 

 sold or trafficked in. 



Under the provisions of section 3Y5, it formerly provided that 

 any dealer in fish duly licensed could hold during the close season, 

 in a storehouse to be designated by the Commission, such part of 

 his stock of fish as he had on hand undisposed of at the beginning 

 of the close season, such dealer to give a bond to the people of 

 the State conditioned that he will not, during the close season 

 ensuing, sell, use, give away or otherwise dispose of any fish 

 which he is permitted to possess during the close season ; that he 

 will not in any way, during the time when such bond is in force, 

 violate any provisions of article five. The bond may also con- 

 tain such other provisions as to the inspection of the fish possessed, 

 as the Commission shall require. This section has been amended 

 to allow the possession of frogs during the close season upon the 

 same conditions. 



There is one serious defect in the Conservation Law that was 

 not corrected at the last session of the Legislature. The change 

 which I suggest is very vital to a smooth and perfect working of 

 the law. In codifying the law it was the intention of the codifiers 

 to make it " permissive " in form. Therefore there should be 

 one general penalty section covering all violations, except where 

 explosives are used for killing fish, or in cases of graver violations 

 of a similar nature; in such cases a more severe penalty should 

 be provided. In the present law the penalty sections are con- 

 flicting and confusing. No penalty clause should follow a per- 



