FOREST AND STREAM 
1003 
states, while undoubtedly enacted with the best 
intentions, were probably in some instances the 
result of individual and not collective investiga¬ 
tion of the subject, otherwise it is almost im¬ 
possible to comprehend how so many different 
views upon the same subject could exist and be¬ 
come laws in such a comparatively small section 
as is covered by the states in question. 
If a license fee for fishing is established in the 
northeastern states and the proper limit for size, 
number and weight of trout that can be taken 
and killed in one day also is established, then in 
most of the states, if not all, a longer “open 
season” should prevail in all fairness to the an¬ 
glers and to the establishing of intelligent con¬ 
servation laws. It is not the length of the “open 
season” that is dangerous to conservation or is 
unwise in its application. If the habits of trout 
are not interfered with there is no logical reason 
why an angler who cannot take the time to enjoy 
the sport of trout fishing before August or even 
the first half of September should be deprived of 
his pleasure'or the state deprived of the fishing fee. 
Because one state is farther north than an¬ 
other does not in itself offer any valid reason 
why the laws should be different for the same 
species of fish, unless it can be conclusively shown 
that their habits and propagating traits are de¬ 
cidedly different in the different states. The 
fact that one state covers a larger area in square 
miles and has a greater or less population than 
some other state can hardly be said to form a 
correct basis upon which the length of the “open 
season” should be determined, although it is true 
that some states have more trouting waters than 
others. 
Experience of years has clearly demonstrated 
that anglers who cannot enjoy the sport of trout 
fishing in their “home” state because the laws are 
such that they are unable to avail themselves 
of the pleasure during the prescribed “open sea¬ 
son” will go to other states where they can fish 
and there gladly pay a non-resident’s license fee. 
To establish a longer “open season” in all the 
states except the state of Maine does not mean 
that more trout will be taken and killed in these 
states than is the case at the present time, pro¬ 
vided, of course, the limit for size, number and 
weight is properly restricted. 
Considering all the facts relating to this point 
it would appear that logically the “open season” 
for trout fishing on brooks and streams might 
be from April I to September 15 inclusive, ex¬ 
cept in the state of Maine where it should re¬ 
main as it is at present from the time the ice 
goes out of the fishable waters to September 15. 
For ponds and lakes the “open season” might 
well be from the first of April or from the time 
the ice goes out of these waters to the thirtieth 
of September, inclusive. 
In the past the legal limit for size (length) of 
trout that could be taken and killed has not been 
wisely determined, and for that reason new laws 
covering this point should receive careful con¬ 
sideration before they are enacted. The limit 
for size in all but one state (N. H.) is now 
placed at six inches when caught by the bait or 
fly-fishing method. Investigation will disclose 
that this limit has not proved satisfactory from 
the standpoint of conservation, which was to 
protect the young trout from being killed. It is 
the young trout that must be protected to the 
fullest extent if the best results are to be ob¬ 
tained, and this can only be accomplished by 
establishing different limits based upon the kill¬ 
ing effect of the method used in catching them. 
When trout are fished for in brooks and small 
streams by the bait method many are caught 
that run from four to nearly six inches and un¬ 
der the law as it stands to-day these small trout 
have to be returned to the water. 
Ninety per cent, of such trout will surely die 
due to the injuries they have received from sim¬ 
ply being caught; because, from the very nature 
of the method used, the hook has penetrated a 
vital spot such as the root of the tongue, the gills 
or the gullet. This result is not the fault of the 
angler but of the method, and for that reason the 
laws governing its use should be such as will 
reduce to a minimum the needless killing of trout 
When this method is employed. To accomplish 
this desired end the limit for length should be 
made five instead of six inches and the angler 
should be obliged to kill and count as one of 
his daily limit for number all trout caught that 
are five inches and over in length. It is only by 
some such law being rigidly enforced that small 
trout can be properly protected in waters where 
the bait method is allowed. Too much considera¬ 
tion cannot be given to this question if real con¬ 
servation is to prevail so far as the brook trout 
and other species are concerned. 
Trout caught by the fly-fishing method are sel¬ 
dom injured; and carefully kept records for 
over ten years show that not more than one 
trout in one hundred ever dies which is caught 
on the fly and immediately returned to the water. 
With the fly-fishing method there is no needless 
killing nor injuring of trout and for that reason 
the limit for length should be increased from six 
to eight inches. 
As the average size of trout caught by the 
trolling method is very much larger than the fish 
caught by either the bait or fly-fishing methods, 
the limit for length can be very properly placed 
at twelve or even fifteen inches. 
Special laws should be enacted to cover at 
least three conditions that now exist, and it may 
be found that other conditions will be such as to 
call for similar laws. The conditions are: 
1st. Where the present laws are not sufficient 
they should be changed so as to afford better 
protection to such species of trout as are peculiar 
to the waters of certain states. 
2nd. For the protection of certain waters that 
have been but recently stocked and where nat¬ 
ural propagation in these waters is not fully 
established. 
3rd. For the protection of such waters as are 
naturally propagating areas, but where the sup¬ 
ply is limited and cannot be materially increased 
by stocking. 
Each state should be divided into districts and 
the size of the districts should be determined, 
not according to the area of each state, but 
rather according: to the distribution of all pro¬ 
tected fi c h in the fishable waters. No district 
should be so large but that two fish wardens 
could properly look after it during the entire 
“open season.” 
In-order that such laws can be drafted everv 
true trout angling sportsman should lend a hand 
so that the entire trout angling fraternity can 
present to the proper authorities of the different 
states a reliable and comprehensive plan of pro¬ 
cedure. 
Remember that the interest of each state is 
precisely the same as that of the anglers; there¬ 
fore, it is up to the anglers to work together, 
without prejudice, and to determine after care¬ 
ful consideration just what the new trout laws 
should embrace. So that the matter can be 
properly gotten under way without unnecessary 
delay, I respectfully request that each angler 
and angling association interested in trout fish¬ 
ing formulate their views after due considera¬ 
tion of the subject and send them to me, care of 
Forest and Stream. They will receive prompt 
and careful attention and be compiled with other 
data, all of which will form a basis for one com¬ 
prehensive plan and report. 
This plan, with the report when completed, 
will be sent to the respective anglers and angling- 
associations who have interested themselves in 
this movement for trout conservation. It is sin¬ 
cerely hoped that many, if not all, will co-oper¬ 
ate and render every assistance possible. 
A recapitulation of the suggestions offered for 
new trout laws, as to which an expression of 
opinion is desired from anglers and angling asso¬ 
ciations : 
License fee— 
For residents, $1.10 yearly. 
For non-residents, $2.10 yearly. 
Limit of length— 
For trolling, 12 inches. 
For bait fishing, 5 inches. 
For fly-fishing, 8 inches. 
Limit of number— 
For trolling, 3 trout. 
For bait fishing, 10 trout. 
For fly-fishing, 10 trout. 
Limit of weight— 
For trolling, 10 pounds. 
For bait fishing, 7 pounds. 
For fly-fishing, 7 pounds. 
Length of “open season”— 
On Brooks and Streams—From April 1. or 
the time the ice goes out, to Septem¬ 
ber 15. 
On Ponds and Lakes—From April 1, or 
the time the ice goes out, to Septem¬ 
ber 30. 
