388 CALIFORNIA FISH AND GAME 



the delay in getting clearance for Federal funds allotted for the acquisi- 

 tion of marginal lands. 



Papers were presented by the different delegates covering the 

 major problems which are continously before those engaged in solving 

 conservation problems. Fish culture, planting, and upland game bird 

 raising and distribution, received the usual attention and progress was 

 reported, in most instances. 



Everyone was on the "qui vive" to hear C. E. Rachford's discus- 

 sion and explanation of U. S. Forestry Regulation G-20-A, which regu- 

 lation contemplates taking over from the States jurisdiction of fish and 

 game on national forest areas, whenever, in the judgment of the Secre- 

 tary of Agriculture, the States are not cooperating with the Forest 

 Service to the satisfaction of the latter. That the promulgation of this 

 order, coming without consultation with the States, would meet with 

 strenuous opposition, was indicated by the questions submitted to Mr. 

 Rachford, and to requests for further enlightenment on the Forest 

 Service's ultimate aims. After a day's discussion of Regulation G-20-A, 

 the subject was referred to a resolutions committee. This committee 

 submitted the resolution which appears herein, together with Regulation 

 G-20-A, and the resolution received unanimous approval of the Western 

 Association : 



"Reg. G-20-A. When the secretary shall determine upon consideration of 

 data and recommendations of the forester, that the regulation or the prohibition for a 

 specified period of hunting and fishing upon any National Forest or portion thereof 

 is necessary for the accomplishment of the purposes above set forth, he shall designate 

 such National Forest or portion thereof, established hunting and fishing seasons 

 therefor, fix bag and creel limits, specify the sex of animals to be killed, fix the fees 

 to be paid for permits, designate the authorized official to whom application for 

 permit shall be made, and describe the terms and conditions under which hunting 

 and fishing shall be conducted with a view of carrying out the purpose of this 

 regulation. Public notice of such designation shall be given by such means as the 

 forester shall deem adequate for the purpose. Carcasses of animals or fish taken 

 under permit shall be marked or tagged for identification as directed by the forester. 



Reg. T-8J. Upon National Forest lands designated under Reg. G-20-A, the 

 following acts are prohibited : Hunting, trapping, catching, disturbing, or killing any 

 kind of game or nongame animal, or game or nongame bird, or taking the eggs of 

 any such bird, except during hunting and fishing seasons established by the secretary, 

 and in accordance with the terms and conditions of a permit issued by a duly 

 authorized officer which is valid and subsisting at the time." 



The resolution reads as follows : 



"Your committee, appointed to study and report upon section G-20-A, of the 

 order of the Department of Agriculture, has met and considered the said section 

 and has heard arguments thereupon, and the committee unanimously reports as 

 follows : 



Since the days of early England it ha^ been the unquestioned right of the 

 sovereign to control the taking of fish and game. Prior to the Magna Gharta, the 

 title to fish and game was fixed in the crown, and since that time, and particularly 

 since the adoption of the system of English common law by the sovereign States of 

 the United States, it uniformly has been held that the title to the fish and game 

 within the boundaries of a State is vested in that State, in trust, however, for the 

 people thereof. 



This theory has been upheld uniformly by the decisions of courts of last 

 resort in every State where the matter has had judicial cognizance; and by the 

 Supreme Court of the United States where it has been on appeal many times. It 

 is submitted that, inasmuch as the question presented by Regulation G-20-A here in 

 question already has had the judicial intei-pretation of our courts, the States affected 

 should take a determined stand, that these judicial decisions shall not be reversed 

 by usurpation by any ambitious governmental department or bureau. 



