400 BOARD OF AGRICULTURE. [Pub. Doc. 



a two-dollar fine. This partial remedy proved entirely ineffective, 

 and the grouse were soon destroyed and driven out until Cape Cod 

 became their last stronghold on the mainland of Massachusetts. 

 These birds were now disappearing throughout their range in the 

 Atlantic coast States, and in 1837, after they had vanished from 

 the mainland, a special statute was passed, establishing a close season 

 for the heath hen for four years, with a penalty of $10 and a forfeit 

 of $10 to the landowner. This was extended five years more in 1841 

 and in 1844 the fine was increased to $20 in addition to the $10 forfeit 

 to the landowner, and the possession or sale of the birds was forbidden. 

 All these provisions, too late to be effective, were of no avail, except 

 to protect the few left on Martha's Vineyard. 



In 1855 all protection was removed from this bird; still for five 

 years the last remnant of the race persisted, unprotected, in the wild 

 and bushy interior of Martha's Vineyard, where they were not much 

 molested. In 1860 they were again protected by law at all times, 

 under a penalty of $20, but in 1870 the date of such protection was 

 fixed at a period of six years. Since that time the remnant of the 

 species has managed to exist on the island. They are now guarded 

 and protected at all times, as the Commissioners on Fisheries and 

 Game are empowered to give them special care, that this valuable 

 game species may be propagated and increased in numbers. 



The ruffed grouse or partridge, the bobwhite or quail and the wood- 

 cock had no protection in Massachusetts at any time until 1818, 

 when the close season was established on the first two birds, beginning 

 March 1 and ending September 1, and woodcock were protected from 

 March 1 to July 4. Since then all these birds have been shielded by 

 law at some season, but during the latter half of the nineteenth century 

 there was a periodical fight between the forces of protection and those 

 of destruction, which resulted in frequent changes of the statutes, so 

 that at one time or another during this period the close season either 

 began or ended in each of the fall and winter months, while the be- 

 ginning of the open season fluctuated similarly through most of the 

 summer and fall months. The quail suffers much from hard winters, 

 and no law can protect it; but shooting should be prohibited for at 

 least two years after each such winter. 



A great volume of legislation has been enacted in regard to the 

 ruffed grouse. The tendency has been to improve the bird's chances, 

 and now with an open season of only two months, and with snaring 

 and sale of grouse and woodcock prohibited, these birds have a fair 

 chance to perpetuate their species. Both the grouse and quail, 

 however, are now menaced by contagious diseases which are likely 

 to be introduced among them by chickens or turkeys and possibly by 

 pheasants. 1 



1 See the annual report of the Massachusetts Commissioners on Fisheries and Game 





