CALIFORNIA FISH AND GAME. 133 
to the laws of the state, as they may deem necessary and proper for the protection 
and preservation of the game and inland fish of the state. They shall file, in the 
offices of the clerks of the towns in the territory to be affected a copy of the rules 
and regulations adopted by them and publish the same three weeks successively in 
a newspaper printed in the county, and post on the banks of waters to be affected, 
as nearly as may be like notices; and whenever any such rules or regulations apply 
to any organized township, a like copy shall be filed with the clerk of courts for 
that county, and published three weeks successively in a newspaper printed in, the 
county; they shall, immediately upon the adoption of any rules and regulations 
contemplated by this section, file an attested copy of the same in the office of the 
Secretary of State. (Provides penalty, maximum one hundred dollars.) (P. L. 1915, 
Sec. 15.) 
It will be seen from the following that the proposed California law 
attempts to make use of the best provisions found in the laws of other 
states. It does not deprive the legislature of its right to legislate on 
game but simply provides that temporary changes may be made in 
emergencies. The following provision can be best inserted in the law 
by the addition of a paragraph to Section 642 of the Political Code 
relating to the duties and powers of the Fish and Game Commission. 
Whenever, after due notice and hearing, it shall appear to the board of fish and 
game commissioners that any species of mammal, bird or fish of the State of Cali- 
fornia is threatened with extermination by reason of disease, excessive hunting or 
fishing, or any other cause, or that it is necessary to assist in the increase or better 
protection of any particular species of mammal, bird or fish, or that it is desired to 
introduce into this state any new species of mammal, bird or fish, the board of fish 
and game commissioners shall have power to regulate by suspending, shortening or 
lengthening the open season and by modifying restrictions on the mode of taking or 
the amount taken of such species of mammal, bird or fish, in any designated area, 
or waters, or stream, or part thereof, of this state, for a period not exceeding two 
years at one time, or until such time as new legislation thereon enacted by the 
state legislature shall become effective. During the suspension of any open season 
by the board of fish and game commissioners, all provisions of law relating to the 
closed season for such mammals, birds or fish shall be in force, and every person 
who violates any such provision shall be subject to the penalties prescribed there- 
for. Any order issued under authority hereof shall become effective on approval of 
the Governor of California and shall contain a description of the area, waters, 
stream, or parts thereof, affected, the time when it becomes operative and the 
period during which it shall be effective, and a copy thereof shall be published in 
at least one newspaper of general circulation in each county within the district or 
any part of the district in which the regulation or order shall apply, at least once 
a week for two successive weeks, and a certified copy of such order shall be filed in 
the office of the county clerk of each of said counties. 
CONCLUSION. 
1. It is apparent that under the present system the hands of the Fish 
and Game Commission are tied and that this body is powerless to give 
fish and game added protection in time of emergency. 
2. The present situation can be improved by the passage of legislation 
giving the Fish and Game Commission discretionary powers. 
3. With power to suit protection to each locality when unusual condi- 
tions arise, greatly improved results may be expected. 
4. The feasibility of a law giving discretionary powers is evidenced 
by the successful operation of similar laws in other states. 
5. Three important things can be accomplished by giving the Fish 
and Game Commission discretionary powers: 
a. Legislation can be suited to the requirements of localities 
rather than whole districts. 
b. Increased protection can be immediately afforded fish and 
eame whenever unusual circumstances warrant it. 
c. Inereasing complication of the districting law can be remedied. 
6. A law allowing discretionary powers in the administration of fish 
and game is the game law most needed at the present time. 
