36 



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 1897 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 

 1886. 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 f 10 was provided 

 for capturing or possessing any bird jDrotected 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 persons 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. 



General Bird Laws. 



One of the most important statutes for the general protection of 

 birds and game was passed in 1899, making "the Lord's Day" a close 

 season, and imposing on the lawbreaker the penalties incurred by 

 breaking the game laws in addition to those usually inflicted for in- 

 fractions of the "Sunday laws." This statute was revised in 1902, 

 and in 1904 it was made still more effective and severe by providing 

 a penalty of $10 to $20 in addition to usual fines for hunting or killing 

 game in close season. 



The Legislature of 1907 passed a law requiring all non-resident 

 hunters, except those who were members of shooting clubs already 

 incorporated and established in the State, to pay a hcense of $10 for 

 the privilege of hunting in the State. This is a good law with the 

 exception of the exemption. 



Fines and Forfeitures. 



Beginning in 1818, with a fine of $1 or $2 for the kilhng of each 

 bird in defiance of the law, penalties have been increased or decreased 

 from year to year. The general tendency, however, has been to 

 increase the fines. The maximum of $100 per bird has been reached 

 in the case of the heath hen. The foreigner or non-resident who 

 hunts without a license may be fined $50. The same fine maj' be 

 required of any person who kills a wood duck or from any one who 

 uses a live decoy for black ducks in Nantucket. In general, a fine 



