REPORT OF THE No. 32 



Enfoecing the Laws. 



I regret the necessity of having to refer to the impossibility of effec- 

 tively enforcing the fishery laws and regulations in the Province of Ontario, 

 in consequence of the unsatisfactory conditions that have prevailed in this 

 Province for some years, viz., abolishing close seasons for whitefish in the 

 waters of Lakes Erie and St. Clair, bordering on the Counties of Essex, Kent, 

 Haldimand and Monck, and for pickerel in Lake Huron and River St. Clair 

 off the County of Lambton. 



The abolishing of close seasons in the above mentioned waters has sub- 

 jected our respective Departments to adverse and uncomplimentary criticism. 

 I have been frequently asked the reasons for allowing whitefish to be taken 

 with impunity from the spawning beds in some portions of Lake Erie during 

 the month of November, and disallowing the same in the other portions of 

 this lake under Canadian jurisdiction. Of course my inability to answer 

 this question will be understood, it being as much of a conundrum to me as 

 to those asking the question. I have very decided opinions regarding close 

 seasons, viz., that nature's laws should be strictly observed while fish are 

 engaged in propagating and perpetuating their species. I fail to see the 

 difference between taking fish full of spawn, unless it is utilized in the 

 hatcheries, and shooting game and other birds on their nests. 



In consequence of Lake Erie exemptions, the traffic in whitefish went 

 on during the last close season to nearly the same extent as during opien; 

 season. When shipments were seized by our overseers, affidavits were fur- 

 nished to the effect that the fish were legally caught in Lake Erie off the 

 Counties of Haldimand, Monck, Essex or Kent, as the case might be. Ship- 

 ments were made from other waters to these points for re-shipment to dealers. 

 The_^exemptions in question are causing much dissatisfaction. Those fisher- 

 men not fortunate enough to have limits in the exempted waters bitterly com- 

 plain at being compelled to stop fishing for whitefish during November, while 

 those fishing in adjoining limits are allowed to reap a veritable harvest. I feel 

 sure you will agree with me that there is no valid reason for continuing the 

 exemption affecting these waters. We have difficulties enough to contend 

 with in enforcing the fishery laws and regulations, without unnecessarily 

 increasing them ourselves. I am aware that many of our fish culturists are 

 under the impression that the work accomplished by the fish hatcheries is 

 a great improvement on nature. I do not agree with them. No doubt the 

 hatcheries should be utilized to hatch the spawn procured from fish caught 

 during the open season, but I have doubts of the wisdom of taking fish off 

 their spawning beds during the close seasons even to supply hatcheries. The 

 close season cannot be too rigidly enforced, notwithstanding the annual 

 crop of hard luck stories advanced bj the fishermen as a reason to be allowed 

 to fish during part of the inadequate close seasons. Difference of tempera- 

 ture has been advanced as a reason against a uniform close season, but this 

 cannot possibly prevail as an excuse or reason for having a month's close 

 season for whitefish bordering on the shores of several counties, and exempt- 

 ing the waters of the same lake from close seasons in front of other counties. 

 I feel sure that if the absurd and unnatural conditions above referred to are 

 fully realized by the Department of Marine and Fisheries, the Department 

 will see the justice and urgent necessity of abolishing the exemptions com- 

 plained of, and will accord us their hearty co-operation in having the close 

 seasons strictly observed. 



Forest and Game Commissioner Hon. J. S. Whipple, for the State of 

 New York, in addressing Members of the Legislature, at Albany, on February 

 3rd, 1907, on the important matter of game and fish protection, spoke as 



