200 



FOREST AND STREAM. 



[March 3, 1892. 



is published in our columns of Dec. 17, 1891 , and an out- 

 line is given showing its curious form. As for the colors 

 of the opah, words can only feebly express their splendor. 

 It would be difficult to find a fish on the California coast 

 which has greater interest to students and to museum 

 collectors. 



THE NEW YORK GAME BILL. 



THE Gould bill was reported in the New York Assem- 

 bly last Thursday. From an advance printed copy 

 the following summary of its more important provisions 

 is given: 



JJISH OOMMTSSIONERS-GAME PROTECTORS. 



Fish Commissioners.— The Governor shall appoint five com- 

 missioners of fisheries to serve one, two, three, four and five years 

 respectively, subsequent terms to be for five years. (Requirement 

 that one commissioner must be appointed from each judical dis- 

 tinct stricken out.) The chief office shall be in Albany , but there 

 may be a branch office in New York city. 



Game Protectors.— The Commissioners of Fisheries sball ap- 

 point twenty game protectors, who sball be subject to tbe control 

 of the Commission and may be summarily removed by ir. The 

 chief protector's office shall be at Albany. Salary of chief $2,000 

 vev year, with $1,000 for traveling expenses. Salary of others, 

 $500, with $450 allowed for traveling expenses. One-half of penal- 

 ties collected shall go to protectors. 



On recommendation of supervisors or any incorporated society 

 for protection of fish and game the Commissioners may appoint 

 special protectors, who sball have the same powers as the State 

 protectors. Peace officers shall have same powers as game pro- 

 tectors. It is the duty of every protector to seize and summarily 

 destroy forbidden nets and illegal fishing devices, which arc de- 

 clared to be a public nuisance. The expense of such seizures 

 shall be a charge against the county. 



GAME ANIMALS, 



Deer.— Deer shall not be hunted or killed between Nov. 1 and 

 Aug. 15. Venison shall not be sold or possessed between Nov. 15 

 and Aug. 15; possession between Nov. 1 and Nov. 15 is forbidden, 

 and shall ba deemed a violation, unless it shall be proved by pos- 

 sessor or seller that such venison was killed legally or out ot the 

 State. No fawns shall be killed at any time. (ProhibHion of 

 killing does has been taken out.) Traps and devices, including 

 salt-licks, forbidden, and deer snail not be caught, bunted or killed 

 by aid thereof. One person may take only two deer in a season. 



Sec. 44. "Deer shall not be hunted with dogs betweeu the 

 eleventh day of October and the tenth day of September follow- 

 ing. Dogs of the breed commonly used for huntirg deer shall not 

 be permitted by the owner or person harboring the same to run 

 at large between such dates, in the forest where deer inhabit. 

 Deer shall not be hunted with dogs in the counties of St. Law- 

 rence, Delaware, Greene, Ulster at any time, or in Sullivan 

 countv between the first day of December and the first day of Oc- 

 tober." Sec. 15. Dogs chasing deer in violation of this act may 

 be killed. 



Transportation of deer or venison forbidden from or through 

 any county, except that one carcass may be transported from 

 county where killed when accompanied by the owner. Posses- 

 sion by common carriers, unaccompanied by owner, is a violation. 

 Prohibition does not apply to head and feet or sKin. Crustiug 

 deer is forbidden. Moo:-e, caribou and antelope shall not be 

 hunted, killed, possessed or sold in the close season for possession 

 of venison. 



Hares and Rabbits shall mt be killed between .Tan. 1 and 

 Sept. 1; nor shall tuey be caught in traps, nor traps set for 

 them. 



Black and Gray Squirrels shall not be killed between Jan. 1 

 and Sept. 1. 



Sundat. — Shooting, hunting, trapping and caging birds or wild 

 beasts on Sunday is forbidden. 



Penalties for violation of deer law, fine of $100: other sections 

 $25. 



Bounties are provided of $10 for a bear, $30 for grown wolf, $15 

 for pup wolf, $80 for a panther. (No bounty tor a fox.) 



GAME BIRDS. 



Wildfowl —Web-footed wildfowl, except geese and brant, 

 shall not be puisueu, shot at, hunted, killed, possessed or sold 

 between March 1 and Sept. 1; nor pursued between sunset and 

 sunrise. Shall not be hunted, save with shoulder-gun, nor from 

 any boat other than one propelled by hand, nor floating device, 

 nor by use of bough-house more than 50ft. from shore. 



Quail shall not be killed between Jan. 1 and Nov. 1; nor sold or 

 poosessed between Feb. 1 and Nov. 1; possession between Jan. 1 

 and Feb. 1 forbidden unless possessor snail prove the lawful kill- 

 ing. 



Woodcock and Grouse.— "Woodcock, ruffed grouse, com- 

 monly known as partridge, or any member of the grouse familj" 

 shall not be killed between Jan. 1 and Sept. i. Possession and sale 

 forbidden between Feb. land Sept. 1; possessor between Jan.l 

 and Feb. 1 must prove lawful kiliitg. Transportation from any 

 county is forbidden, except from county where killed when ac- 

 companied by owner. Possession by common carrier for trans- 

 portation shall be a violation unless birds shall be proved to have 

 been killed out of the State. 



Plover and Snipe.— Wilson's [bill reads "Willow's] com- 

 monly known as Knglish snipe, plover, mud hen, gallinule, grebe, 

 bittern, surf bird, ciulew, water chicken, bay suipeor sbore birds 

 shall not be killed between Jan. 1 and Sept. 1. 



Other Wild Birds, not named in this chapter, shall not be 

 killed at any timt; nor their nests destroyed, but this shall not 

 include the English sparrow, crane, crow, raven, crow-blackbird 

 nor kingfisher. 



Robins. Blackbirds and Meadow Larks shall not be killed 

 between Jan . 1 ami JNov 1. 



Snaring or Trapping grouse and quail is forbidden; no snare 

 or trap snail be set; it is a public nuisance and may be summarily 

 destroyed. 



Penalties for violations of any of these provisions is a fine of 

 $25 for each oird killed, trapped or possessed. 



Collectors may obtain certificates from an incorporated 

 society ot natural history or from the Begenls to collect bird 

 specimens for scientific purposes. 



LOCAL GAME LAWS, 



Richmond County.— Non-residents are forbidden to shoot 

 witnouc a license trom-a justice of the peace, fee $10. 



Woodcock shall not be killed in Lewis, Warren, Pulton, Ham- 

 ilton and Saratoga counties between Jan. 1 and Aug. 1. 



Long Island.— The following provisions apply to Kings.Queens 

 and Suffolk counties: Web-fooied wildfowl, except wild geese 

 and brant, shall not be killed between May 1 and Oct. 1; nor at 

 any time between sunset and daylight. Floating devices for 

 shooting wildfowl may be used on Long Island Sound, Great 

 South Bay west of Smith's Point, Shinnecock and Pecowsic bavs; 

 in any part of these counties boats propelled by hand may 'be 

 used, and sailboats on Long Island Sound, Gardiner and 

 Peconic bays. Plover, Wilson's (commonly known as 

 English) snipe, rail, sandpiper, mudhen, gallinule, bittern, 

 surf bird, snipe, curlew, water chicken, bay snipe and 

 shore birds shall not be killed between Jan. 1 and July 1. 

 Woodcock and ruffed grouse (partridge) shall not be killed ex- 

 cept hetween Jan 10 and Nov. 10, nor sold between Feb. 1 and 

 Nov. 10. (On Robins Island quail may be shot between Oct. 14 

 Feb. 1.) Hares and rabbits shall not be killed between Jan. 10 

 and Nov. 10. Deer shall not he hunted or killed for five years 

 from Aug. 14, 1892, except from Nov. 10 to 16 inclu-ive. Black and 

 gray squiirels shall not be killed between Jan. 10 and Nor. 10. 



Where an act is prohibited between certain dates, it is not law- 

 ful upon the date first named and is lawful upon the date last 

 named. 



FISH. 



Fish.— It is forbidden- to pollute any waters of the State with 

 dye SLuff, coal tar, refuse from gas-houses, sawdust, shavings, 

 tan-bark, lime or other deleterious substances, "in quantities de- 

 structive to the life of or disturbing the habits of fish inhabiting 

 the same." It is forbidden to take fish by drawing or shutting off 

 any water; or by any device except angling. Tbe use of dynamite 

 or other explosive is forbidden, except for mechanical and mining 

 purposes. No trout of any kind, salmon trout or land-locked 

 salmon shall be taken from any of the waters of thiB State for 

 stocking a private pond or stream. Fishing through the ice is 

 forbidden on any waters inhabited by trout, salmon trout or land- 

 locked salmon. 



Trout of any kind shall not be taken betwawi Sept. 1 and May 

 1. No trout of any kind, salmon trout or landlocked salmon of 

 less than six inches in length shall be taken. No trout, salmon 

 trout, or landlocked salmon shall be disturbed on the spawning 

 beds. 



Salmon Trout and Landlocked Salmon shall not betaken 

 between Oct. 1 and May 1. 

 Transportation.— Trout of any kind, salmon trout and land- 



locked Balmon, caught in any of the waters of the State shall not 

 be transported from any county except when accompanied by the 

 owner. 



Black Bass ok Oswego Bass shall not be taken between Jan. 

 1 and May 30, No black bass of less than Sin. in length shall be 

 taken. 



Muscallonge shall not be taken between Jan. 1 and May 30. 

 Salmon shall not he taken between Aug. 15 and March 1; nor 

 shall any salmon be retained of less than 18m. m length. 



Size op Meshes.— The use of seines, pound-nets, gill-nets or 

 fykes, the meshes of which shall be less than Ugm. har, is lorbid 

 den. 



Salmon Trout, or lake trout may be sold at any time, if not 

 taken in close season; possession between Oct. 1 and May 1 is for- 

 bidden unless possessor proves lawful capture. 



Fishways.— Signboards erected by the State shall be main- 

 tained at 50 rods from a fish way, and fishing within that limit is 

 forbidden. 



Fish Propagation by the commissioners and the operation of 

 private hatcheries are not affected by any foregoing provisions. 



Penalties.— The penalty for polluting waters, taking fish by 

 drawing off waters, or use of dynamite, is a fine of $100; for taking 

 trout or bass of unlawful Bize $10 for each violation; for violations 

 of other provisions, £25 for each violation and $10 for each fish. 



Adirondack Fish Planting.— No fish except trout, Adiron- 

 dack frost fish or landlocked salmon, shall he placed in Adiron- 

 dack waters (unless the fish are non-preying or non-destructive, 

 such as usually contribute food for the species named) except 

 under immediate supervision of the Fish Commissioners. 



local pish provisions. 



No fish shall he taken except by angling in the St. Lawrence 

 and Niagara rivers and Lake Cnamplain, nor in Lake Erie within 

 one-hall mile of the shores of any islands, nor in Lake Ontario 

 withiu one mile of the shores of any islands, except that in the 

 county of Oswego they may be taken one-half rnue from shore. 

 ("The waters of Lake Ontario in the county of Jefferson includes 

 oetween Pillar Point, in the town of Brownviile, and the town 

 line between the towns of Lyme and Cape Vincent, including 

 Chaumont Bay, Griffin Bay and Three Mile Bay, are hereby ex- 

 empt from the provisions of this act,") except that bass may not 

 be taken between Jan. 1 and May 30, nor of less length than Sin. 

 Possession of fish unlawfully taken is forbidden. 



Fishing through the ice is permitted in Lakes Ontario. Erie and 

 Otsego; Rondout Creek below Honk Falls; the Hudson and. Niag- 

 ara rivers. 



In Lakes Erie and Ontario the meshes of nets shall not be less 

 than 2in. bar. 



Taking fish by any means other than angling is forbidden in 

 Rondout Creek and in the Hudson River ahove tbe dam at Troy, 

 save as follows. Shad and herring shall not be taken from Ron- 

 dout Creek or Hudson or Delaware rivers between June 15 and 

 March 15; nor shall shad nets be permitted to remain in said 

 waterB from sunset on Saturday until snnrise on Monday; between 

 March 14 and June 15 shad and herring may be taken by nets; and 

 betw een Sept. 1 and May 30 bullheads, catfish, sunfish, suckers, 

 eels, pickerel, sturgeon, white and yellow perch may be caught 

 by hoop-net«, fykes and gill-nets in the Hudson River and Ron- 

 dout Creek below Honk Falls. 



Salmon, black bass, trout, salmon trout and pike-perch caught 

 in nets in the Hudson River shall be thrown back. 



In Raritan Bay and adjacent waters in Richmond county no de- 

 vice except angling shall be used for taking fish. In the Harlem 

 River or East River or adjacent waters nets shall not be used. 



'Tn Black Lake, Mud Lake and Yellow Lake in St. Lawrence 

 county, bullheads, eels, suckers, catfish and pickerel may be 

 caught with spear, except during March, April and May. and pike 

 in Lake Champlain, in Essex county." It sball be lawful to fish 

 for suckers, bullheads and pickerel with nets and fykes, io shoot 

 or spear them through the ice, in auy waters of Warren county 

 except Schroon Lake and Long Pond or Glen Lake. 



In Champlain, Seneca, Cayuga, Keuka, Oanandaigua, Skane- 

 ateles and Owasco lakes, bullheads, catfish, eels, suckers, perch, 

 pickerel and sunfish may be caught by hook and line through tbe 

 ice. 



in Oneida River eel weirs may he maintained of lath not less 

 than J£in. apart, with clear passage way, at low water, of not less 

 than loft. 



Black bass shall not ha fished for in Lake George between Jan. 

 1 and Aug. 1, nov in Black Lake, St. Lawrence county, between 

 Jan. 1 and May 5. 



Minnows for bait may be taken in any waters not inhabited by 

 trout by nets not exceeding 40ft. in length. 



In Coney Island Creek and waters of G raveseud Bay, one-half 

 mile each way, the meshes of nets shall be not lees than lin, square 

 (except hoop-nets for flounders hetween Oot. 14 and April 1). 



In Spring Brook, in Monroe and Livingston counties, trout shall 

 not be taken between Sept. 1 and April 1. 



In the Susquehanna River and tributaries wall-eyed pike, yellow 

 bass and pike shall not be taken Oetween Nov. 1 and May 30. 



In the waters of Queens and Suffolk counties (Long Island) trout 

 shall not be taken, sold or possessed between Sept. 1 and April 1; 

 salmon trout and landlocked salmon between Oct. 1 and April 1; 

 black bass between Jan. 1 and May 30; in Jamaica Bay and tne in- 

 let thereof fish shall not be taken by any means except angling, 

 which shall be lawful on any day of the year between April 1 and 

 Dee. 1. 



For full text of important sections see next issue. 



MASSACHUSETTS FISHERIES AND GAME. 



THE twenty-sixth annual report of the Commissioners on 

 Inland Fisheries and Game contains much interesting 

 information for anglers. All the fishways reported upon 

 are in good working order. The way at Lawrence was 

 passed by various kinds of fishes, at first by suckers and 

 alewives, followed by lampreys, salmon, chnbs, eels and 

 black bass. In all OH salmon were seen in the fishway, the 

 first on June 12 and the last on July 31. The number of sal- 

 mon is smaller than last year, but the catch at Plymouth. 

 N. H., for spawning purposes was 75, an unusually large 

 supply. Black bass are increasing rapidly in the Merrimac 

 and the Concord. The State received about one-half mil- 

 lion trout eggs for its share of the joint work at Plymouth 

 and 200,000 additional were bought. The Commissioners 

 expect to have about 500,000 young trout for distribution 

 in April and May next. The number planted in 1891 was 

 580,000, A new hatchery is now under construction at Sut- 

 ton, Worcester county, which will greatly enlarge the 

 capacity for trout production. Col. E. B. Hodge, who has 

 charge of the Plymouth hatchery, planted ,'200,000 salmon 

 fry developed from eggs taken from native Merrimac River 

 salmon, besides 132,000 hatched from eggs obtained from 

 Bucksport, Me. These were deposited in the Pernegewasset 

 from one mile to twenty miles above Livermore Falls, be- 

 fore the yolk sac was fully ^absorbed. Col. Hodge firmly 

 believes that the fry have a better chance to exist on natural 

 food than by means of any kind of artificial sustenance. 

 The largest salmon taken at the Falls weighed :>01bs. and, 

 as usual, more males than females were secured. Brook 

 trout began spawning in July and August, but no ripe 

 males could be found, and the loss of eggs was very large. 



In the investigation of the reproduction of the lobster, it 

 was found that the bulk of the eggs are deposited in June, 

 July and August, and that little progress is made in the de- 

 velopment of the embryo until the water reaches a tempera- 

 ture of 50 degrees: the eggs begin to hatch at a temperature 

 of 55 degrees. The experience of the Commissioners led 

 them to adopt the plan of planting egg lobsters in suitable 

 places in order to stock the waters. Great difficulty was ex- 

 perienced in preventing the capture of undersized and egg- 

 bearing lobsters. More than 1-1,000 of these were taken from 

 sunken cars by Capt. Procter and liberated in depleted 

 waters. Some of the fishermen engaged in this illegal traffic 

 were taken from their vessels, prosecuted and fined. The 

 number of lobster eggs planted along the coast was about 

 138.000,000. 



The report of tbe conference of the Pish and Game Com- 

 missioners of the New England States, which is published 

 in the appendix, contains many interesting discussions on 

 matters of public importance. Among other things, the 

 black bass is treated at considerable length. In New Hamp- 

 shire the open season for this fish begins June 15. Com- 

 missioner Hodge admits that this may be a little too early, 

 but as June is almost the only month in which fly-fishing for 

 black bass can be bad, the law is defended- In Massachu- 



setts the season opens July 1, while in Maine the bass is 

 without protection and there is an unreasonable prejudice 

 against the fish, which is by no means shared by summer vis- 

 itors to the. State who are attracted there by|the bass fishing. 

 In Connecticut, also, there is a crusade against the black 

 bass, and the farmers are debating how to get rid of this 

 fish in small ponds and lakes. One of the objections to it 

 in this State is that it destroys the pickerel, and only one 

 application for black bass was received by the Connecticut 

 Commission in 1891. 



MINNESOTA GAME AND FISH. 



BY courtesy of Mr. W. F. Dealing, of Minneapolis, we 

 print, in advance of its official publication, the full re- 

 port of.the Minnesota Game and Fish Commission. 



The Minnesota Commission of Fisheries ("William Bird, 

 of Fairmont; Niles Carpenter, of Rushford; and Robert 

 Ormsby Sweeney, Sr., of Duluth) was organized in 1874: and 

 was superseded and re-organized May 5, 1891, by the Game 

 and Fish Commission of Minnesota as now constituted: 

 Pres., Robt. Ormsby Sweeney, Sr., Duluth; Vice-Pres., W. 

 S. Timberlake. St, Paul; Treas., W. P. Andrus, Minneapolis; 

 Ree. Sec, A. F. Ferris, Brainard; Wm. Bird, Fairmont. The 

 report is as follows: 



Hon. Win. JR. Merriani, Governor of Minnesota: 



Herewith 1 have the honor to lay before Your Excellency 

 the eighteenth annual report of the Fish Commissioners' 

 operations — but perhaps more properly the first report of the 

 Game and Fish Commissioners of Minnesota, which also in- 

 cludes the work of the last months of the older State Fish 

 Commission, as organized originally in 1874, and which by 

 act of last Legislature merges into the present organization, 

 with its broader scope and complete guardianship of all ap- 

 pertaining to the game and fish within the broad domain 

 and jurisdiction of Minnesota. 



In compliance with the law creating it, the new board met 

 May 5 at the Capitol building, and the organization was 

 completed by the election of officers and appointing warden 

 and superintendent. Mr. Frank L. Stetson, of Minneapolis, 

 was appointed State Game Warden and Mr. Thos. S. "Wat- 

 kins Superintendent of Fisheries. These gentlemen were 

 selected for their respective positions from a large number 

 of candidates and for their fitness alone. 



The first duty of the new board was to acquaint them- 

 selves with the condition of the property, apparatus and 

 equipment in their possession. For this purpose the entire 

 board visited the hatcheries and grounds at Willow Creek 

 and found them internally serviceable, but externally 

 greatly in need of repair. The reason given was that the old 

 board did not care to go to great expense on repairs until 

 the lease of the grounds, which was about to expire, could 

 be Tenewed, and second, financial stringency, having only 

 funds enough for the proper propagation and distribution of 

 the fish in territory already planted, and nothing for new 

 territory. For these reasons the walks, fences, grounds, 

 etc.. showed the need of repairs and closer attention. 



The board have secured a new lease of ten years of the 

 premises, at an annual rental of $400 for the first five and 

 -$600 for the succeeding five years. With this new lease, we 

 propose to repair the buildings and fit up the grounds in a 

 manner creditable to a worthy State institution, and Ave 

 have accordingly expended the modest sum of $2,500 in the 

 pleasing and attractive place now presented. Superintend- 

 ent Watkins had charge of the work. 



The new law authorized the board to appoint four deputy 

 wardens, but for financial reasons it was deemed inexpedi- 

 ent so to do, but instead have appointed special or local dep- 

 uties in various counties where needed, without stated sal- 

 aries, but with their legitimate expenses paid when in dis- 

 charge of their duties, and a reward (general) of $25 for con- 

 viction of violators acted as incentives for them and other 

 civil officers to take a more active interest in the matter and 

 secure greater respect for the law. 



We find that the effect of the new law has been as a whole 

 beneficial. There are defects in it, however, omissions and 

 deficiencies from time to time and some occasions most prc- 

 vokingly. We are glad to say the community generally up- 

 hold and approve its requirements and commend its enforce- 

 ment, particularly in the older and more thickly settled 

 portions of the State. 



As we reach out into newer comities we find an element 

 who are impatient of the least restraint upon their lawless 

 inclinations, reckless disregard of law, and defiant and 

 threatening attitude assumed against the wardens or any 

 one interfering with their indiscriminate slaughter of both 

 fish and game. 



WHO ABE THE VIOLATOES? 

 First, a class of "fellows," young and old, who, armed 

 with a cheap gun, and a desire to be classed as a sportsman, 

 go out at unlawful seasons and wantonly slaughter the 

 young birds before they have left the hen. This class are 

 very cowardly and a round fine will generally put a quietus 

 on their "hunting," especially in that particular locality. 



Second, are those who associate, with, and presumably are, 

 gentlemen, and offer the very tame excuse that the other 

 class spoken of are securing the best of the game, and a few 

 birds or deer cannot make much difference. This class be- 

 ing more intelligent are more wary and consequently harder 

 to control, but, fortunately, fear arrest, so that violations 

 from this class are becoming less frequent. 



The greatest injury and devastation to the game and fish 

 in our commonwealth are perpetuated by the professional 

 hunters and fishermen, who are simply organized banditti 

 sent out by the game and fish dealers, not only of our own 

 State, but agents of dealers in other States, the use of every 

 forbidden and evil device known to the craft to secure the 

 game in quantities, regardless of the age, size and condition. 

 They operate in gangs of from three up wa.rd, have com- 

 plete camping outfits, tents, nets, guns, etc. They are thor- 

 oughly posted as to the best places to carry on their nefari- 

 ous work, and there they stop until every living thing in 

 the game line is practically exhausted, or until they are 

 routed out by the wardens, or, as rarely occurs, by indig- 

 nant citizens. I say rarely advisedly, for we are told by cit- 

 izens, every little while, of violations, notably at White Bear 

 and Bald Eagle lakes, and that it "has been going on for 

 years;" you suggest a prosecution and they simply refuse to 

 testify "for fear of bodily harm and damage to property." 



Many of these violators carry on so prosperous a business 

 that they have confederates conveniently located within 

 telegraphic reach to notify them of the approach of danger. 

 An instance occurred on the Duluth & Winnipeg R. R., at 

 a time when one of the wardens was buyinga ticket of the 

 agent at Cloq uet he was "spotted" and the "gang" was 

 notified of the warden's approach. When he arrived at the 

 grounds the parties were found quietly fishing with hook 

 and line, but patient search brought forth tbe nets, which 

 were soon rendered unserviceable. It was ascertained beyond 

 doubt that nets had been furnished by some of the local 

 dealers in the neighborhood of this illegal work, and one of 

 the specials interviewed one of them, when the following 

 almost verbatim conversation was held: 



"Good moruing, Mr. , I'm just thinking I'd get a net 



or seine of some kind, but I haven't got any money; I just 

 want to know what I can do with you; Bill - — - and French 

 told me they got their nets here." Dealer— "Yes, I be- 

 lieve we did let them have some nets. Your having no 

 money don't matter. If you'll give us security for the net 

 we'll let you take it. Where do you think of going?" "I 

 ain't quite made up my mind of two or three good places I 

 hear are pretty good fishing points." "Have you any friends 



ConUmted on page 217. 



