398 BOARD OF AGRICULTURE. [Pub. Doc. 



provision was passed (section 5, chapter 246, 1869) protecting all 

 " fresh water fowl " from March 1 to September 1. The next year a 

 provision was substituted, giving only wood duck, black duck and 

 teal protection from March 1 to September 1. This was the first real 

 respite that these ducks had in this State during the breeding season, 

 and the gunner was still privileged to shoot all other waterfowl at all 

 times. 



Now commenced that juggling with the game laws for which the 

 people of this Commonwealth are famous. We tried closing the 

 season for black duck and teal on April 1 in 1875, on April 15 in 1877 

 and on April 1 in 1881. We protected all ducks for the first time 

 in 18S6, beginning April 15. In 1888 this date was reaffirmed 

 and remained fixed until 1900, when at last the pitiful remnant 

 of wood duck, black duck and teal that bred in the State were 

 given a little peace by the revival of the first of March as the beginning 

 of the close season. In the meantime, the beginning of the open 

 season for wood duck, black duck and teal had varied considerably 

 but was finally fixed at September 1. All other ducks can still be shot 

 until May 20. A special law was passed in 1888 to prohibit the 

 pursuit of black ducks in boats or floating devices in Plymouth harbor, 

 and in 1900 this was repealed, so far as the use of rowboats and 

 dories was concerned, and its provisions extended to include geese 

 and other aquatic birds. Some local restrictions were enacted during 

 the latter part of the century to prevent the use of sail boats, power 

 boats or other floating devices in pursuit of waterfowl, notably in 

 Boston harbor. In 1906 the use of live decoys for the taking or kill- 

 ing of black ducks in Nantucket County was prohibited. Protection for 

 the wood duck had come so late that the species continued to decrease 

 rapidly in spite of the law protecting it during the breeding season. 

 In 1906 the killing of this bird was prohibited at all times for five 

 years, — an attempt to stay its extirpation which New Hampshire 

 and New York have since adopted. 



The sale of ducks and teal during the close season is now unlawful, 

 but only resident black ducks, wood ducks and teal receive any real 

 protection from our game laws to-day, and they get very little, for 

 when men are in the field with guns in their hands until May 20 all 

 ducks will be shot. The northern or red-legged black duck and all 

 other ducks except wood duck, black duck and teal are protected by 

 our law only when most of them are out of the State, and geese can 

 be legally shot at all seasons. Who will wonder that such protection 

 does not protect? 



Shore Birds. 



The first protection was extended to shore birds in Massachusetts 

 by chapter X. of the statutes of 1821, framed to prevent the destruc- 

 tion of birds on salt marshes between March 1 and September 1. 

 This act undoubtedly helped somewhat to stay the extirpation of 



