32 



ducks in boats or floating devices in Plymouth harbor, and in 1900 

 this was repealed, and its provisions extended to geese and other 

 aquatic birds. Some local restrictions v>'ere enacted during the latter 

 part of the century to prevent the use of sail boats or power boats 

 in pursuit of waterfowl, notably in Boston harbor. 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 some other States 

 are beginning to adopt. 



The sale of clucks 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 receive 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 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 

 several species. But in 1835 the curlews and other larger shore birds 

 had been so depleted that a law was passed to protect "plover, curlew 

 and dough bird or chicken bird" throughout the State from April 20 

 to September 1, at night only. This law failed to give the birds much 

 respite, and their decrease continued. In 1836 the sale of marsh 

 birds was prohibited during the close season. In 1860 a retrograde 

 step was taken in adding July and August to the open season on the 

 salt marshes. 



The slaughter went on without much restriction until 1869, when 

 all spring and late winter shooting of marsh birds and upland plover 

 was cut off by closing the season from January 1 to July 1. This 

 was repealed at the next session of the Legislature, and in 1870 the 

 law named the close season for marsh and beach birds as April 1 to 

 July 15, except that "Wilson's snipe, red-breasted, black-breasted and 

 chicken plover," four of the most persecuted game birds, were left 

 without any protection whatever. 



From this time forward the law exhibited the usual vacillation in 

 regard to dates from year to year, and the birds were protected most 

 of the time by our statutes only when out of the State, until 1886, 

 when all marsh and beach birds were protected from May 1 to July 1. 

 In 1903 the beginning of the close season was fixed at March 1. After 

 a fight of several years' duration, Mr. Geo. H. Mackay, representing 

 the American Ornithologists Union and the Massachusetts Audubon 

 Society succeeded in securing, in 1904, legislation prohibiting the sale 

 of marsh or beach birds during the close season. This was followed 

 in 1905 by an act protecting the Bartramian sandpiper or upland 

 plover at all times for five years. Before the passage of these acts, 

 however, several species of the larger shore birds had been practically 

 eliminated from the State. The shore birds have alwaj's been inade- 

 c[uately protected, and we still allow them to be shot in summer. 



