99 



attention of the Boaro' to what I ijcliovc, from my own observation, and 

 aslc you and others M'ho read this report to examine this question and 

 another — are there any trout, either in this State or ]!^evada, except, 

 perhaps, in the pure mountain streams further North? Whilst upon the 

 Truekec and the lakes I heard several persons, who have the reputation 

 of being ichthj^ologists, say that all the fish that we call trout, were in 

 reality, hind-locked salmon, frequently called schoodic trout. But to 

 return to the trap on Bonner Creek. I could not find the owjiers of this 

 dam, but learned that the}'' were A. C. Toll and Brothers. I afterwards 

 understood from Commissioner Eeddiug that they had promised him that 

 they -would either remove the dam entirely or put in satisfactory ways 

 and ladders. 



"At the source of the Truckee — i. e., Lake Tahoe — two persons have 

 been and I believe that, to some extent, they are still in the habit of 

 taking the fish' by means of seines, nets, and traps, on the alleged pre- 

 tense of catching them for their spawn to stock lakes, streams, and 

 ponds. But the fact is they catch them at all times of the ye&v, and 

 sell immense qiiantitics, Vyrithout reference to either spawn or spawning 

 season; and, although I did not see it, and can scarcely believe it, I have 

 been informed by their neighbors of credibility that fish and spawn were 

 dipped out by the bucketfull, and either consumed on the place or sold 

 to others for hog feed. Of course, I notified these men of the provisions 

 of the lav7, and forbid the farther use of either seine, net, or trap at auy 

 season of the year, or for any purpose whatever. They promised obedi- 

 ence, and the residents of the vicinity said that they would take care 

 that the law was complied with, and in the event of any violation the 

 parties should be i)ro3ecuted with the greatest rigor to the utmost extent 

 of the law. 



"At the mouth of or a short distance up almost every small stream — 

 the trout's breeding place — that empties either into the Truckee Eiver, 

 or Tahoe, Donner, or other lakes, fish traps are set in such a manner as 

 to be actual murder to most of the fish, and complete destruction to 

 their spawn. Taking advantage of the fish's instinct of jDrocreation and 

 continuance of its race, and of its other instinct, that that can only be 

 done by going tip stream to shallow water and a gravelh" bottom, a trap 

 is made, which is done as follows: A row of stakes is driven across the 

 full width of the stream. These are not r)laced so close as to. prevent 

 the water coming down, yet are put so near that a trout cannot get 

 through to go up. Further dov/n the stream another row is driven 

 across. This is in eveiy respect like the first, except that in one portion 

 of it — about the centre — an opening, say, a foot wide and two or three 

 feet long, is left under water. The distance between the two rows of 

 stakes is a matter of option, being from three or four feet to ten or 

 twelve, depending somewhat upon the number of prisoners the owner 

 expects to take, and how long, and for what purpose he intends to keep 

 them. It will be seen that die iish can get in through the lower tier 

 but not out through the upper one, yet might escape by returning; bat 

 this they will not do. Fish always return to spawn at the spawning- 

 place of their parents. Here they are, and reasoning, nature, instinct, 

 or whatever else people may, choose to term it, tells the fish that thej^ 

 are of no further use in the vraters of this world unless they get uj) the 

 stream to spawn and milt. So in this trap they remain, butting their 

 heads against the upper stakes until they are either taken out or the 

 growing ova and milt compels them to violate the laws of nature and 

 die, when the fish and what should have been their descendants are 



