FISHERIES, GAME AND FORESTS. 85 



This measure had been twice unanimously passed by both branches of the Legisla- 

 ture prior to 1899, but through some unaccountable reason had failed to become 

 a law. 



While it is not advisable to change the law too often, thereby confusing the pub- 

 lic, some few changes should be made which are of no little importance. The first 

 relates to the system of firewardens and the law relative to the bringing of actions 

 for setting fires on waste or forest lands. Second, to return to the Laws of 1885, 

 chapter 242, which relates to the use of nets and where they cannot be possessed 

 lawfully. Third, section 3 of chapter 577, Laws of 1883, which provides where 

 actions may be brought and maintained. Fourth, there is no protection under the 

 present law on sturgeon, either as to close season or size of the fish, which has 

 resulted in nearly exterminating them in the Hudson and St. Lawrence rivers. 

 Persons fishing in the Hudson river and Lake Ontario with nets, where the law per- 

 mits the use of nets continually, do not return to the water the small sturgeon, but 

 ship them with other coarse fish at a small price, when if they were allowed to grow 

 to a certain size they would become very valuable, and are at the present time 

 bringing a better price than any food fish on our market. If there was a limit placed 

 on the size, say three and one-half to four feet in length, it no doubt would answer 

 the purpose without a close season. 



These points are well worth considering by the Legislature, and if they would go 

 farther, not in the way of changing the open or close season on any species of fish 

 or game, but by a general codifying, condensing and simplifying of the present laws, 

 less confusion and trouble would be experienced in their interpretation. 



I am informed that Senator Brown, the present chairman of the fish and game 

 committee in the Senate, on account of a long experience as an attorney in prosecut- 

 ing under the Game Code, and knowing full well, as he must, the confused condition 

 the law is in, has gone over the present law with a view of codifying and condensing 

 it. I would most emphatically urge that the Legislature consider a measure of this 

 kind should it come before them. 



All of which is respectfully submitted, 



J. WARREN POND, 



Chief Fish and Game Protector and Forester. 



