No. 4.] BIRD PROTECTION. 403 



painfully evident, partial protection was given the birds by establish- 

 ing a close season between May 1 and September 1. In 1881 the 

 season was shortened. In 18S6 it was extended, and so on. 



Finally, in 1901, the smaller gulls and the terns were protected 

 by law at all times. The terns of Massachusetts undoubtedly would 

 have been exterminated long before that time but for the efforts of 

 Mr. Geo. H. Mackay and his associates in securing protection for 

 them on their breeding grounds on Muskeeget and Penikese islands. 

 In the meantime, the least tern or sea swallow was nearly extirpated 

 from Massachusetts. An open season on the larger gulls was main- 

 tained until 1907, although every other Atlantic coast State which 

 they inhabit had previously given them protection at all times. 



Herons and bitterns never had any specific statutory protection 

 in this State until 1903, when the great blue heron had been virtually 

 driven out of the State as a breeder, and was rarely seen except during 

 its migrations, and the smaller herons had been greatly reduced in 

 numbers and most of their heronries broken up. It is now unlawful 

 to kill them at any time, except when in the act of catching trout 

 artificially confined. Already night herons are increasing in some 

 localities, owing to the beneficial effects of protection. 



Hawks and owls never had any protection in this State until the 

 year 1907. Most species have decreased very rapidly. Now all the 

 most useful owls are protected at all seasons, and it is lawful to take 

 or kill only the barred owl, the great horned owl and the sharp-shinned 

 hawk, Cooper's hawk, goshawk, red-tailed hawk, red-shouldered 

 hawk and duck hawk. Town bounties on the other species can no 

 longer be legally paid or collected. All eagles and the osprey or fish 

 hawk are likewise protected at all times. 



In 1S97 an act was passed providing a penalty of $10 for the offense 

 of having in possession the body or feathers of any undomesticated 

 bird then protected at all times by chapter 276 of the statutes of 

 18S6. This statute also prohibited the wearing of such feathers for 

 dress or ornament. It was aimed at the milliners who provided the 

 feathers and their patrons who wore them, and has largely broken 

 up the traffic in the feathers of native birds that are protected at all 

 seasons. In 1902 the traffic in native song birds for cage purposes 

 had grown so destructive that a special penalty of $10 was provided 

 for capturing or possessing any bird protected by law throughout the 

 year. 



In the meantime, the shooting of small birds by foreigners about 

 cities and near construction camps of laborers had become so serious 

 an evil that a law was passed (chapter 317, Acts of 1905) requiring all 

 unnaturalized foreign-born hunters to pay a license fee of $15 for a 

 license giving them the privilege of hunting. This law has checked 

 somewhat the destruction of birds and game by Italians and other 

 foreigners. 



