WATERFOWL. 
After the re-enacted province law of 1710 finally lapsed, soon after 
the revolutionary period, the protection of waterfowl was not taken 
up again in a general way until 1886. During the latter part of the 
seventeenth century and the earlier part of the eighteenth these birds 
had no protection at any time of the year, except a law passed in 1821 
protecting birds on salt marshes between March 1 and September 1. 
Landowners, however, were allowed to .shoot on their own land, and 
towns had local option regarding the acceptance of the law. No 
doubt its provisions were nullified by towns in some cases. At that 
time (1821) Dwight wrote that waterfowl still existed in great abun- 
dance. Even then, however, they had decreased in numbers in the 
waters of the most populous maritime towns, and their flocks con- 
tinued to diminish, particularly in the interior, for Sylvester Judd 
in his “History of Hadley,” published in 1863, says, ‘wild ducks 
were formerly abundant. Now but few alight about our ponds and 
streams.” ? 
By 1865 the decrease of wild fowl, even on the remoter coastwise 
feeding grounds of the State, had become noticeable, and the people 
of certain towns began to call loudly for special local protection 
for the birds. In 1865 the worrying and pursuing of birds by boats 
on Popponessett and Waquoit bays was prohibited. This was fol- 
lowed in 1867 and 1869 by similar acts for the protection of sea fowl 
in the waters of Edgartown, Tisbury and Barnstable. Section 6, 
chapter 246 of the Acts of 1869, was designed to give wild fowl some 
protection, as it forbade shooting or pursuing fresh-water fowl or sea 
fowl from, or by means of, boats or vessels of any kind in any of the 
waters of the State. It also prohibited the killing of sea fowl or fresh- 
water fowl on the feeding or roosting grounds; but this was repealed 
the next year, and the use of batteries and swivel guns was forbidden. 
By that time, however, the decrease of the more common river ducks, 
which are in most demand for food, had become so marked that a law 
was passed (1870) giving wood duck, black duck and teal protection 
from March 1 to September 1. This was the first real respite that these 
ducks had in this State during the breeding season, and the gunner was 
still privileged to shoot all other waterfowl at all times. 
Now commenced that juggling with the game laws for which the 
people of this Commonwealth are famous. We tried closing the 
season for black duck and teal on April 1 in 1875, on April 15 in 1877 
and on April 1 in 1881. We protected all ducks for the first time 
in 1886, beginning April 1. In 1888 we made the date April 15, 
and this date remained fixed until 1900, when at last the pitiful rem- 
nant of wood duck, black duck and teal that bred in the State were 
given a little peace by the revival of the first of March as the beginning 
of the close season. In the meantime, the opening of the season for 
wood duck, black duck and teal had varied considerably but was finally 
fixed at September 1. All other ducks can still be shot until May 20. 
A special law was passed in 1888 to prohibit the pursuit of black 
ducks in boats or floating devices in Plymouth harbor, and in 1900 
this was repealed, and its provisions extended to geese and other 
aquatic birds. Some local restrictions were enacted during the latter 
part of the century to prevent the use of sail boats or power boats 
in pursuit of waterfowl, notably in Boston harbor. Protection for 
1 Judd Sylvester, ‘‘History of Hadley,” p. 354. 
