Author: Pennsylvania Dept. of Fisheries Title: Report of the Department of Fisheries of the Commonwealth of Pennsylvania Place of Publication: Harrisburg Copyright Date: 1907/1908 Master Negative Storage Number: MNS# PSt SNPaAg239.2 CommontDeolti) of l^enngplbania REPORT •F TMK ■s. •a; ■T. Department of Fisheries KU9M DECEMBER 1, 1907, TO NOVEMBER 30, 1908 HARRISBUKG: (■ E AU«UINBAViUH. FKINTER TO THE STATE ©F PENNSYLVANIA 1909 Commontuealtt oC Pennsspltiania REPORT • F !■£ •■ UL '-/ KUUM DECEMBER 1, 1907, TO NOVEMBER 30. 1908 ■f. v. i 1 HARKISBrKli; . K AL«8UIN«AtUU, I'KIMKR TO THE STATE UF PKNNSYl V A Ml 1909 INTENTIONAL SECOND EXPOSURE Ui'FlCiAL DOCUMENT. No. 22. DEPARTMENT OF FISHERIES OF THE COMMON- WEALTH OF PENNSYLVANIA. Commissioner of Fisheries. WILTJAM E. MEEIIAN, Omee, llarrishiirj Board of Fishery Commissioners. WILLIAM E. MEEUAN, President. JOHN HAMBERGER, Erie. HENRY C. COX, Wellsboro. ANDREW R. WHITAKER, Phoenixville. W. A. LEISEXIM\(i, Maudi Cliiink. Superintendent of Hatcheries. Corry Hatchery No. 1, William Ruller, Corry. I»a. ErieTL'itiliervNo. 2, Philip H. Hartinan. Erie. Belief onle Hatch erv No. II Howard M. Biiller, Bellefoute, R. F. D. No. 2. Assistant Superintendent, B. O. Webster, Bellefonte, R. F. D. No. 2. Wayne Ccmnty Hatchery No. 4, Nathan R. Buller, Pleasant Mount. Torresdale Hntchery No. .5, .lerry R. IJoikhous, Holnieshurg, Phila delphia. Erie Auxiliary No. 0. (T^nion Tity Hatchery i, Abraham O. RulhM-, Union Citv. Spruce Creek Hatchery No. 7, William F. Haas, Si)ruce Creek, Pa. Crawford Hati'herv N<». S, W. H. Safford, Conneaiit Lake. (1) OFFICIAL DOCUMENT, No. 22. LETTER OF TRANSMITTAL. Hon. Edwin S. Stiuirt. Governor of Pennsylvania, Ilarrisburg, Pa.: 8ir: I have the honor to herewith present the report of the Depart- ment of Fisheries for the year beginning December 1, 1907, and end ign November IM), 11)08, the fifth report since my incumbency as Com missicmer of Fislieries. Kespectfullv, W. E. MEEHAN, Commissioner of Fisheries. '») U) OFFICIAL IXKrMFNT. No. 22. REPORT OP THE BOARD OF FlSHERy COMMISSION. (4) Honorable Edwin S. Shiart, Governor of the ConiinonweaUli of I'enn- sylvania, Ilarrisbnrj^, Pa.: Sir: We have the honor to h species, the eggs of which are gathered from wild tish and in huge (piantities and the collection of which depenossible entirely through the specific appropriaticm which which was made by th(» Legislature two years ago for field work, and owing to the unfMvorable NNcather conditions, had it not been for the ap])ropriation, the outjuit of pickerel jnid yellow perch eggs would have been much less than it was. A noticeable and gratifying feature of the (»utput is in the increaseil l)ropagation o\' what are known as the comnumer fishes, but which at the same time ai-e highly esteemeaid the fisher men of the txirt of Lake Erie to fish spe<'ially for white fish. At present there are at least six large steam tugs'otted out with white fish nets and every b<>at tishing is sure to bring in a greater or less quantity of this very valuable food fish daily. As nuiny as two terns of white fish have been caught in a single boat for which the fisher men receive eight cents ])er pound. While lake herring have never been as scarce as white fish tliei-e was an ajqjreciable decrease in the annual catch until last year when young fish began to appear in laige numbers. This vear the (i) 6 REPORT OF THE Off. Doc. run of herring was so vast that at times the dealei-s could not handle the daily catch. On one occasion there was an excess of twen^ tons per day for over a week and which excess was given away by the fishermen. , , . ^i .„f„„,„ The run of herring continued abundant throughout the autumn and in the latter part of November the catches became so huge that the space allotted by the dealers in their ice houses became crowded and again the quantity caught ccmld not be handled and the fisher- men were compelled to set their nets on the blue pike grounds. As raanv as 25,000 pounds of herring were taken by a boat in a single haui; and many boats brought in from eight to twelve tons of fish of ditferent species daily. . Blue pike have also been very abundant. The vast increase m the catch of white fish, herring and blue pike in Pennsylvania waters is ascribed bv the fishermen with every evidence of correctness to the artificial "work performed by the Department. One P^mt which indicates strongly that it was due to artificial propagation is that the increase has been felt strongly at the fishing grounds of Port Stanley Port Burrell and Port Maitland (m the Canadian shore opposite the I»ennsvlvania line. Fishermen at Port Maitland informed officers of the^ Department that six years ago the maximum amount of white fish taken from their nets daily were from eight to twelve tons, while this year they are taking from thirty-six to thirty-eight tons in the same' time from four nets. . ,».,„u^/i ;„ From reports received, interior waters are showing a marked in crease from the plantings of yellow perch and pickerel and if the in- crease is continued these two valuable food and gaiue fishes sliould in a few^ vears be cmce more abundant in Pennsylvania. A severe drought lias prevailed throughout the greater part of the State since last May, completely drying up many streams and almost drying hundreds of others. On this account it appears likely that there has boon widespread destruction among the brook trout, t rom what we can learn the same condition of affairs exists in other states, but if our inforinaticm is authoritative the recovery m Pennsylvania will be more rapid than elsewhere and this is due, we believe, to the policy which the Department has always pursued of P^f^^J^^ Jr^^^^ when they were from three to four months old instead of holding them untn the summer or autumn. \s far as investigations of officers of the Department have gone it is apparently the two and three year old fish which have suffered the most severelV from the drought. Many yearlings escaped while most c,f the fish iiatihed last winter seem to have come to litt e harm Hence the work of restorati«m will begin with a good stock of fish which will be of a catchable size in 1910 and many m 1909 In view, however, of the great destructicm which must have oc^ cured, we strcmglv urge the Legislature to change the opening of tiie trout season from ApHl 15 to May 1. The T^^P;^^' r^^^,:; J^^^ estrv has asked the latter date to lie fixed on acount, they claim, of the liability of early spring forest fires, and this, if correct, is an ad- ditiimal reas«m for the change which we recommend The shad seas(m in the Delaware river opened with fine prospects water condiliroportion of the great waste which exists is saved owing to No. '£2. DEPAHTMENT OE FISHEKIES. the inadequacy of the funds provided. It costs about $40,000 a year to operate the hatcheries using the most rigid economy. It would cost little, if any more, to nearly double the output through field work. For this reason we hope that the appropriation for field work will be largely increased to enable the Department to save more of the eggs which are now being lost and to operate the hatcheries on a much larger scale, which, as we have said, can be done without an appreciable increase in cost. The above is respectfully submitted. W. E. MEEHAN, President. JOHN HAMBERGER, HENRY C. COX, ANDREW R. WHITAKER, W. A. LEISINRING. 10 KEPOUT OF THIS Off. Doc. REPORT OF THE COMMISSIONER OF FISHERIES. The work of the Department of Fisheries ending November «», 1908, was on even a broader scale than the previous year although it was hampered somewhat near the close by a lack of ample funds. Indeed the sum at the disposal of the Department was such that on the last days I was compelled to issue an order that all expenditures during the close of the fiscal year should be ccmfined to the fixed charges and the necessary messenger expenses in the transportation of fish. Improvements Avere made during the year in all the hatcher- ies and in the newer establishments some extensions completed, ex tensions which should result nex t year in a greatly increased output of fish. _ . . ,., Interest in the fish cultural work of the State is steadily grow in«' among the people and this sentiment has been made plainly manifest by letters and newspaper publications. The beneficial re suits of the five year's work of the Department are becoming very apparent and there is reason to believe that if the work of fish cul- ture continues to expand in the next five years as it has in the past five that before long fishing of all kinds will be nearly as good as it was in Colonial days. . The total output of fish was 661,952,851 as against 663,387,524 m 1907 This is a reduction of 1,434,673. The fall off was due to lack of financial means to gather the full quantity of yellow perch and pickerel eggs and a fall off in the quantity of the wall-eyed pike eggs gathered from Lake Erie. Had it been possible to have collected the same quantity of yellow perch and pickerel eggs as in 1907, the out- put would have been over 800,000,000. There was a gratifying m crease in the output of black bass. In 1907 there were 87,663 small mouth bass distributed. In 1908 the number was 355,285. The out- put for the year 1908 in detail follows: OUTPUTS. The following table exhibits the outputs of fish, frogs and aquatic plants from the various hatcheries and through field work from December 1, 1907, to November 30, 1908: The table does not include eggs shipped from one hatchery to another Brook trout, fingerlings, 7,818,000 Brook trout, year old, ^ , , 22 Brook trout, two, three and fcmr year old, 14,475 Total, __J.:^^^:^ Rainbow trout, fingerlings, 215,000 Rainbow trout, four year old, 400 Total, 215,400 No. 22. DEPAKTMENT OF FISHEKIES. 11 Goldfish, yearlings, 3,954 Total, 3,954 Catfish, fingerlings 268,450 Catfish, adults, 208 Total 2CS,658 Brown trout, fingerlings, 50,000 Total, 50j)00 Shad, 9,676,000 Total, 9,676,000 Sturgeon, adults 4 Total, 4 White bass, adults, 56 Total, 56 Lake Trout, 643,790 Total, 643,790 Pickerel, 193,705,000 Total, A?M5?»M* Silver Side Salmcm, advanced fry 90,000 Total 90^000 Yellow Perch, frv, 176,7(52.100 Yellow Perch, Adults, 2,385 Total, J^J^^^ Sunfish, fingerlings 533,00(1 Sunfish, adults, 550 Total .' 533,550 Calico bass, fingerlings 16,000 Calico bass, adults 40 Total, _ l^^t^ Frogs 654,000 Total 654,000 ^2 HEPOKT OF THU ^^- t>oc. Blue Pike, i)ii,2m,i)m ™ , 96,250,000 Lake llorring, fry ■ 17,802,000 Total .^Mmm White Fish, fi-.v, ■ 5-t,114,800 Total _5ili*;|»». Walleyed Pike try 102,957,500 Total, "••••••■ iff!!:'"" Black Bass, small mouth, llngeilings, . . . ■'^*'^|^ Black Bass, small mouth, adults, ^ Total, _.JSaS Ulaek Hass, large mouth, liiigerlings, .... ^^>^Q^^ ^, , , 23,500 Total, .=:= ^== Kock Hass, finj,'erlings ^^^^^^ Kock Bass, adults, ^ Total ._^JMii SrMMAKY , m ^ ... 7,832,675 BrookTrout, ^215,400 Rainbow Trout, ^'t^g^ G^l^fi,*^^' 268'658 Catfish, 50 000 Brown Trout 9,670,000 Shad, 5g White Bass, ^ Sturgeon, • ^^3^90 Lake Trout 176,764,485 Pickerel, 90 000 Silver Side Salmon • •• ^^^.^^,^^^^^^ Yellow Perch '• '.33550 ,^."?.^'^^^' ::... 16,040 i^^li^*' *^'^"^ . 054,000 *f ^^' 'i '. ". 96,250,000 ^If ^1 '. . . 17 802,000 Lake 1 erring .• 54 114,800 White lusli^ 102937 500 Wall-eyed Pike, ^r^p; 9sn Black Bass, small mouth, qq'koo Black liass, large mouth, -^'^"^ Kock Bass, ' Total, 601,952,851 No. '22. IJEPAKTMENT OF FlSHEKlEi^. 13 APPLICATIONS FOB FISH. The following is the uumlxM- nf applications i«»r dillerent species of lish filed with the Dei>arlmcnl of Fisheries and sent to the different hatcheries to be filled: Brook Trout, •n213 Bainbow Trinit, !'<' Brown Trout ^ Small Mouth Black itass 459 YeUow Perch, 48»; Pickerel '^•^•^ >Vall-e.yed Pike 224 Sunfisii ^02 Catfish 104 Frogs, I'^p Kock Bass, 1^ Lake Trout, 5 • Total 5^32 PFKMITS ISSUED. The following peruiits were is.sued during the year for the pur poses named: I'or bonded seines Un- taking carp, suckers and mullets, 47 For using dynamite for engineering purposes, 14 I'or taking fisii for scientific purposes, 4 For removing car]» and suckers as deleterious fish 10 For taking gold fish for aquarium, 1 For taking fish for aquaria 2 For drawing otl" dams, 6 For trans])lanting fish to other waters KJ For taking trout for spawning iniri)oses 1 Total 101 14 UKPOKT UF TUB Oft. Doc. COMMERCIAL FISH INDUSTRY ON LAKE ERIE. The condition of tlie flslieiies on Lake Erie within the limits of Pennsylvania is exceedingly healthy. Fish were caught in unpar alleled numbers, at times far beyond the capacity of the warehouses to hold them. On several occasions tons of herring had to be giveu away. The neighboring states of Ohio and New York and the Cana- dian tishermen opposite Pennsylvania shared in the abundant catch, though to a lesser degree than the Penn.sylvanians. The total value did not reach the same figures as in IDOG but the catch greatly exceeded it, it being within about only 132,000 poun:ls less than the catch of 190:], when weather and labor conditions per mitted a phenominal catch The cause of the lessened total value was partly through a fall in prices due to the heavy catch especially in September and Octobei-, although the catch and the money value would have gone far beyond any previous year had it not been ^^r two circumstances First, there was a strike which lasted for more than six weeks among the fishermen and which tied up nearly everybody in the business. Second, a disastrous conflagration >vhich destroyed the warehouses of A. Booth .^^ Company and the Keystone Fish Companv. The fire put the first named company entirely out of business for nearly two months, and the second for some weeks. In addition tlic tire destroyed the books of the Booth Company so that they were uu able to render an accurate acccmnt of a full year's business to tin* Department and their returns therefore were several months short. As these two concerns are the largest in the fish business in Erie, it will be seen that the fire played an important part in reducing the money value of the business. From all indications had there been no fire and no strike with a much lower price, the value of the industry would have greatly exceeded the figures set forth. The following is the table: Nam*'. !!»(«. inor>. i lOOfl. 1907. IWW. Rlne nlke - 1,964.000 6.033,000 .%,600 3.215,863 8,060,250 31,969 1 1,021,206 2.696,065 113,278 2.159,983 1,883,963 574,265 2,G06.,Su7 Lake herring. 3,816.691 394,763 The following table gives the value of the catch for the years VMVA, 1905, 1900 and 1907: 1903 1300,000.01) 1905 201,085.94 i9og: : : ". ; 108,995.14 1907. 305,913.39 No. 22. DEPARTMENT OF FISHERIES. 15 The catch for 1904 is omitted because in that year the Department was unable to get accurate data. The following table shows the total catch of fish and the value of each during the year 1908: Name of Fish. Number of poundi. White fish. . - — — ; ofJJ'Im Lake herring. — - — - - o'Sfi'^w Blue pike, ^'^'^ Yellow pike. — — - ^ .^'^ Yellow perch. — — - - ioq'wt MIsceUaneoufi - 'i T^n Sturgeon - - • ^''^ Catfish - - - 1 ^'""' Total - - - i «.999,0iil Valu«. $31,580 14 9(),108 07 73,(i57 39 697 5(i 1 ,247 02 2,982 3-'« 555 00 42 00 $200,869 53 A verv significant feature of the catch is the white fish which reached 394,703 pounds, or nearly four times what it was in 1906. Twelve times greater than in 1903 or 1905. It was less than in 190 < for the two reasons given, namely, the fire and the strike. No greater evidence can be furnished of the restoration of the white fish industry in Lake Erie and the value of the artificial propagation of that fisli. In 1907 and 1908 boats were equipped exclusively for the capture of white fish a thing which had not occurred before for many years. Another evidence of the great supply of fish in Lake Erie w^as the catch of lake herring which amounted to 3,816,691 pounds or more than double whaf it was in 1907, and 1,200,000 more than in 1906 and 800,000 more than in 1905. The blue pike catch of 2,606,3o7 pounds was nearlv a million pounds more than 1907, more than dou- ble that of 1906 and nearly double that of 1903, though a little less than 1905. There was a marked increase in the catch of yellow ]nke, more properlv speaking, pike-i.erch. and for the first time in several years it was worth while to separate them from the miscellaneous fishes and give them a separate place in the table. The catch was 9.884 pounds. Yellow perch had been rapidly decreasing when the Dejiartment, about four vears ago, began propagating the fish and heavily stock- ing the lake. Signs of a restoration came in 1907 but not sufficient to class the fish bv themselves in these tables, but this year 42,679 pounds were caught. There were less miscellaneous fish because the fishermen gave more attention to the more valuable food fishes. The value of artificial propagatiim cau not be disputed but the large percentage of numev value return to the ])eople in comparison with the monev expended bv the State has seldom been considered. Under the circumstances 1 feel justified in i)ublishing herewith a let- ter sent to the Department by a member of the firm of the Keystone Pish Companv, the lontents of which were practically repetitions of remarks made bv the writer in an address to the Superintendeuts of the DepjntTueiit at the last nuniuil rratlieriuii- in Marrishurj; k; REPORT OF THE Off. Doc. Erie, Pa., Feb. 11, 1909 Honorable W. E. Meehan, Harrisburg, Pa. Dear Sir:— In the vear 1905 our tirm handled a total of 2,680,222 pounds of fish, of which none were white tish. The average selling price for that vear was |5.8G per 100 pounds. In the year 1900 we handled 1,:'kS1,149 pounds, of which none were white fisli and disposed of same at an average price of fO.45 per 100 pounds. The following vear, 1907, we had altogether ;5,500,504 pounds of which 141,409 pounds were white fish. The average selling price for that vear, exclusive of white tish, was ^5.23 per 100 pounds; and in 1908 we received a total of ;i,:i:Ui,001 pounds of which 147,912 were white fish, which sold at an average of |;4.89 per 100 i)ounds, exclu- sive of the white fish. In order to make a just comparison, the selling price of while fish during 1907 and 190S to be deducted, as none were caught during the two preceding years. White tish conunand a higher figure than the other lake food tishes. such as herring, blue pike and perch. While the aggregate amount of fish handled by us during 190S shows a falling ott' (►f about 170,OtlO pounds, this shortage is to be attributed to a strike which lasted for five weeks, during the best part of the fishing season, and also to the fire which destroyed our plant in June last, thereby ]»reventing us from handling fish while the new buildings were in ])ronsiructi(m. The lower jirevailing selling price for last year was caused by the great abundance of lake hen ing, the supply of which had shown a de crease from year to year until last year, when the enormous quan- !ities of herring artificially hatched had obtained a marketable size. It will be seen from the foiegoing that at an average difference of S4 cents ])er 100 pounds between the years 19()S and 1907 the total dilftference on the amouni we handled that year will amount to $28,- 000.00. As we handled ap]»ro.\inialely Iwo thirds of all the fish brought into the port of Erie, and considering that our competitors must have ex- ]»erienced the same results, it will show a total difference in selling price out of Erie of about .f 70,(MI0.00 for the year 1908. CVnnparing these figures with the amount appropriated to your De- partment and expended for the purjKise of propagating lake food fish es. approximately f 17.0t)0.(M) jhm- annum, will show a direct penmiary benefit of 400 ]>er cent, lo someone. This benefit indirectly i-everts to the consumer. It is in my opiniertfully yours. H, Heinrich, -Tr. V. •f- •J. •f. k; Honorable W. K. Moehaii. Harrislmrf!:, Pa. REPORr OF THK oil'. l>oo. Erie, Fa., Feb. 11, 1900 Dear Sir: — In tbe year 1005 our tirm handled a total of 2,(580,222 pounds or fish, of winch none were white tish. The average selling ]»rice for thai vear was |5.:>(; per 100 pounds. In the year *100<; we handled 1,:181,140 pounds, of which none wen; wliite tisli and (lisjtosed (»f same at an average price of '^(>Ad per 100 pounds. The following year, UMlT, we had allogether :?,50(;,r)04 pounds of which 141,400 jM.unds were white lish. The average selling price for that vear, exclusive of while tish. was ^r^:!:) i>er 100 pounds; and in lOOS we received a total of :5.:;;{<;.0(K pounds of which 147,912 were while lish. which sidd at an average of .f4.:i9 per 100 pounds, exclu- sive of the white tish. In order to make a just c(»miKirison. the selling iirice of while tish during 1007 and lOOS io be de.(MI0 pounds, this shortage is to be attributed \o a siiike which lasted for live weeks, during the best part of the lishing season, and also to the lire which destroyed our jdant in June last, thereby j.reventing us frcuu handling lish while the new buildings were in proress of roust ruction. The lower ]»revailing selling |>rice foi- last year was caused by the great abundance of lake hen iiig. the supjdy of which had shown a de crease from year to yeai- until last year, when the en<>rmous (|uan Mties of herring artiiicially hatched had obtained a marketable size. It will be seen from the foregoing that at ;in average ditference of S4 cents ]>er IttU p(-;!Ueiweeu the years lOOS and 1007 the total dilflVei-eui !' on the amoinn we hamlled that year will amoinit to $2S.- 000.00. As we handled .ii'proNimalely two thirds of all the lish bnaight into the ]M»rt of I'j'ie. and considering that ^a^v I'ompelitors must have ex perienced the same icsulis. ii will show a total dilference in selling pri<'e (Uit of Krie of about .S7(».tMHi.00 lor the year 1908. ('om])ariiig these figures with tlie amount approi)riai(Hl to your De partnient and expended for ili,> |»ur]K»se (»f ju'opagating lake food i\s]\ es. api>roximately $17.0(10.00 pei- annum, will show a direct i)eruuiary benelit of 400 ]tei- cent, to snsu)ner. if is in my ojiinion not extravagant to claim, judging from the ad ual results obtained through the operations of your Dejiartment. that the Dej^ai-tmenl of I'isliei-ies is second to none td' any Dejtartment of the Commonwealih. looking at it from a commeriial side alone. lJes]te;t fully yours. II, Heinrich. di-. y. '/ INTENTIONAL SECOND EXPOSURE No. 22. DEPARTMENT OF FISHERIES. 17 COMMEKCIAT. Hl^OOK TROUT INDUSTRY. Although the Act of 1901 does not give proper encouragement to the commercial brook trout industry, indeed hampers it, there has been a remarkable increase in its value, at least as far as can be judged from the reports in the past. In 1907 there were five establishments in Pennsylvania which made returns and their aggregate gross busi ness was $38,390.72, an increase of |8,445.72 over the returns for 1900, the last data secured. The following is the tabulated statement of business transacted by the five establishments in 3908: Pounds. Number. Valuo. Dead fish for market, Fry and flngerllngs, . Kggs .'{6,4.-.l Total, l.o:!j.:{.VS 10,359,200 $•24,100 7:< !t,8M "; 4,454 60 :V),4i>l 11,391,558 $38.396 72 In addition to the annual sales two of the establishments presented 7r)0,000 eggs to the State. At the time of making report to the De ]»artment the various establishments had on hand nearly .'(I tons ol fish fit for the market, besides more than caie million fingerliugs and advanced frv. There are many ]daces in Pennsylvania suitable for rearing troiit for the market and with a little enccMirageinent there is no doubt that other establishments would be founded and as thei<' is a readv market, not only in this but adjoining stales for this fish, a very valuable industry *c(mld be built up. It is my intenticm t(. again introduce at the forthcoming session (»f the Legislature a bill for the encouragement of commercial trout hatcheiies. COMMKliUlAL FISIIEHIES OF TIIK SUSQUEHANNA. 1 regret t<» sav that the eommercial fisheries of the Susquehanna river within thenrnfines of Pennsylvania during 190S were so small as to be scarcelv worth considering. The i»artial construction of the great McCall's Ferrv dam, has. 1 fear, practically wiped out the shad industrv and the great drought which prevailed made the catrh ol eels verv small, while the market value of carp and suckers was s<. evidently trifiing as to make it not worth while \o undertake to gather statistics. It is doubful if the entire business of ilie river could br valued at $20,000. 2—22—1908 18 REPORT OF THE Off. Doc. DELAWARE Kl\'FIR. Owini- to the pressure of other work 1 was unable this year to col^ lect the statistics for the Delaware river but from what I can gather the total value of the shad, herring and miscellaneous fishes was a little better than in 1907. This was not due so ™"^^^^^%«^^^^^rf?^ catch but to higher prices which the fishermen obtained ^or their shad The value of the shad industry was variously estimated by fishermen to be between $200,000 and $300,000 The reason opened auspiciouslv. Good catches were made in both the shore and giU nets^and the water temperatures were favorable for con inued large ca ches, but earlv in May there came a series of heavy s orms wh ch muddied the river to such an extent as to practically ruin the catch for the rest of the season FINANCIAL STATEMENT The following is a stntonumt of the nncipts and ^'-M^^^n^li^^i^^^^^^ the Department of Fisheries for the year ending November M), IM^. HATCHERIES. Received from the State TreaPiirer $44,223 27 Halance on hand from Lake I.rie licenses, — ------ '^^ «* Balance on hand from fines for violation of fish laws, Paid for hatcheries, - I Bnlnnce on hand, - j- 503 22 $44,818 05 $44,223 27 $.'J94 7« WARDENS. Received from State Treasurer, .— 1 ^'^qII Balance on hand from ppI lieenscB, Paid for wardens, Balance on hand, CONTINGENT FUND. 49 23 ^,78(i 50 $9,687 27 !M9 2S irr «■ -^ -: l» Balance on hand Nov. 30. 1907 • jg3 55 o„..„:„„.^ 4,.^m Statu TrPRanrcr. i.'nw uu Received from State Treasurer I'nid for Incidental cxpensos, Balance on hand, - KXPENSES OF FISHERIES COMMISSION. Received from State Treasurer. -.- - - Paid for exitcnsee, .- $1,0.53 55 $996 79 $56 7fl $1,0-J8 10 $1,028 10 COUNSEL FEES AND COURT 1.XPKN8KS. Received from State Treasurer, .- - " _^«2JL Paid for fees and expensM, - $1,081 8T No. la. DEPAKTMENT OF FISHERIES. FINANCIAL STATEMENT— Continued. 1«» DEFICIENCIES. Balance S :i Haiti for launch, Paid for fitting, MAINTENANCE OF LAUNCH. R«'ceived from State Treasurer, 1 $1,820 59 $5,940 uu raid for niuintenance. i -- ^if^.^?. COMPLETING H.ATCIIKRIKS. ! j li'eceived from State Treasurer, i $151 55 Paid for work, - , ^^!!^ii FIELD WORK. IJotcivod fri)iii .state Treasurer, $.3,420 79 Paid for field work, - '- - $3,420 79 DurlUK the year there were rerei|it.«* from Uru's a: the State Treasury daily in ucconlaiicf witli t!i<,' statute: Fines lor violation of the fish laws;. — - '''^'ilin '^Sl Licenses for eel baskets, -- : ?:" XT. Lake Erie licenses, - - ' ''^^ ' '^' Total - - - - ---=ii^i^ There were 1,002 litenses returned by the County Treasurers as having been issued by them but this does not cover the whole number as several Treasurers have failed to make returns or did not do so until after the end of the year, in accordance with the ]>rovisious ot the act of May 29, 1907. COIiKV IIATCHEKV The work of reconstructing the dilai)idated trout ponds at the Corry Hatchery was continued and nearly completed. Most of the I)onds have been in use for a quarter of a century and in that time had very little repairs. The sides were of boards, and as the sur- rounding ground is muckv the conditiply of eggs is de|»ondent entirely upon fish caught in the nets for cominercial purposes or eggs naturally deposited by fish and gath- ered bv employes of the Depaitment. The annual cmtputs are conse quentlV always very large l)ut tliis year it broke all previous records llv several mi'lliims, the total output being 247,Tr,-,:>>()0 Iry «"i;l *»;!Jf«; Of these 44,(;i4,8(M) were white lish, lG,:i02,000 lake lierring, <0 .>12,o00 pike ]>erch. ()(),2r)0,(i()0 blue pike and 20,225,5(10 yellow perch. Hie blue i»ike hatch was very many milli(ms in excess of any previous output. ,. . , . V r ,. The hatching house is in a dilapidated condiliou. It is of fiame Mud has been in use for nearly 35 years. A new building will have (o be erected within two or three years. An additional piece ol -round and a dwelling tor the use of the Superintendent is necessary. While the esgs are hatching in this staticm the close proximity of the Superintendent at all times is imperative, yet he lives in a rented building about six squares from the hatchery TOUKESDALK STATION. The T(.nesdale Suiti«.n is located in Philadelphia on the banks of the Delaware aboiii ten miles fnmi CUy Hall. Although mainly •I field statical its seven acres of land beyond the banks are covered with p(mds for black bass, yellow i)erch, catfish and I.ake lOrie sun fish The batteries have a capacity of 540 jars and from the station (here were turned out during the; year, 100,191,900 fish and frogs of which the following is the summary: l.iko-perch 8,700,000 ;, iVfi V ... 3,900 ''i:]f'^' ::::::.... 9,(>7o;ooo Veih;vN- pei-d.v:::::;:;:';:: 40,275,000 Pickerel 44,040,000 T'ldDoles 114,500 sunfish, ::::::: i^i^ooo Most of the yellow perch eggs were taken from (he breeding pond on the hatchery grounds. The chain pickerel were from the field in Wayne c(mnty and the pike-perch from the field in Lake Erie, and the shad eggs from the Delaware Kiver. Owing to the slimness of the appro]>ria(ioii i( was impossible to cover tlie shad work (m the river thonniglily and the eggs which re- sulted in the fry ]>lanting were only secured by prohmged labor and the co-operaticm of some of the fishermen. Active experiments in sturgeon culture were C(mducted and although no eggs were secured it was found possible to impound smaller natural sturgeon of (he short-nosed species. It was also found that in order (o secure eggs and milt simultaneously it was necessary lo have a( least three males to one female, and an ctfort to have (his pi(»jM»rtion v. ill be made next year. Complete success was had in bass, calfish and sunfish culture. Experiments in fresh wa(er (i' Public Safety a gang of House of Correction iidM»i'ers was sent lo llie hat«h- ery and a beautiful driveway built from City Avenue into the grounds. The plans for tlie drive\Niiy were ring beginning to sag and (blowing (he batteiy ring, 22,050 were hatched and distributed. In addition to the battery house fiye fry ponds were built and the vellow perch p«md greatly 'enlarged. The grounds occupied by the bass, yellow ])erch and sunfish ponds and a number of fry ponds w(M-e graded, driyeways grayeled, trees i>lanted and the property beaut i lied. One sectivith the exception of a concrete wall (m each side of the stream which Hows from the reservoir. The great drought affected the hatchery seriously for a time. The water in the creek fell to an alarming stage. At this point the Union (Mtv authorities came to the rescue by flowing water from one of their reseryoirs into the stream and so put the hatchery beyond danger. FIELD WORK. The bulk of the output from the State fish hatcheries is the result of field work or the gathering of eggs from fish caught in the commercial nets and which otherwise would have been lost, or from eggs of non nest building fishes naturally deposited, the large bulk of which would have been destroyed by other fishes. Among the first nuiy be mentioned prominently the shad, white fish, lake herring, ])ike perch and blue pike, and among the latter the yellow perch and pickerel. Had they not been gathered and hatched the eggs of the first named fishes would have been lost or destroyed and it is estimated that of the latter fully 95 per cent, would have gone into the maw of fishes. Thus the ()00,000.()00 eggs gathered and hatched bv the Stave last year was clean gain. So important has the field work become that at'three stations only out of the eight no field work is performed. The Erie hatchery is exclusively operated as a result of the field operations. About 09 ])er cent, of the work at Wayne is from that source, and with the exception of about a million fish, Torresdale is a field station. Apart from the bass and other pond work the hatcheries at Urn neaut Lake and Union City are field stations. Erie, Wayne and Torresdale are now working at their full capacity. The work at Conneaut Lake and Union City can each be increased two-thirds by the introducti<»n of batteries in s])aces which have been prepared for Ihem in anticipation. The insert i(m of the batteries and an increase in the ai»iinj>iiation arc all tiiat is required to more than double the ])resent annual output of over t;09,(l(H),099 fish. As a matter of fact the ojieraticm of the field work is only limited by the amount of money which the State can afford to expend, and it should be said that the expense is com|)aratiyely fritting. An addition of $20,000 a year would ntore than dcmble'the output of the i)resent hatcheries without No. 22. DEPARTMENT OF FISHERIES. doing more than the enlargement of two buildings and the installa- tion of four batteries To illustrate how easily the output can be increased on perch and pickerel alone, it is only necessary to recite the output of those two fishes for 1907 and state the source from which the eggs came. The output of pickerel was 193,705,000, of yellow perch fry 170,702,100. The eggs from which these fish were hatched were taken from less than 10 lakes in Wayne county, with the excejition of about 45,000,000 yellow perch eggs, which were gathered from three hatchery ponds. The entire work wjis dcme by about a dozen men, four horses and within a month. There are more than 100 lakes in \Vayne county, as many more in Susquehanna and a number in Pike county, more or less easily ac- cessible and of which vast quantities of eggs c(nild be gathered and at no greater cost, fortunately than from the lakes operated on in 1907. Each lake in the counties named, if properly handled, would yield ar least 200 quarts of eggs, some of them would give 700 to a thousand quarts of eggs each and wlien come uj)on they can be gathered at the rate of from 150 to 200 quarts per day The entire field work of the Dei)artment for the years 190(> and 1907, exclusive of the pike-perch, white fish and shad, cost less than ^4,000. Without adding up the figures, it is safe to say that in the two years over 700,000,000 eggs were gathered by the State for hatch- ing on that small sum. The pike-perch and white fish eggs in addi- tion cost in the neighborhood of $1,500 a year more, and the shad about $800, so that all the eggs gathered from the field numbering more than a billion cost the State less than |1 0,000 to put the fish into the hatcheries. With very little additional cost the white fish, herring and wall-eyed pike work could be vastly extended. The Ca- nadian fishing gnmnds are open to Pennsylvania and with the aid of the State boat, the Commodore Perry, they could be readily gath ered In addition to f^g:*r gathering an important feature of field work is the seining of canals and other waters where for various reasons the lives of the fish become imperiled and their transference to safer waters. Many thousand trout and coarser fishes, like catfish, were thus handled in 1907 Experimental work is also a feature. The Field Superintendent, Mr. Nesley, for example, experimented with the artificial taking and hatching of sunfish eggs and met with success. Thousands of young black bass are annually saved and distributed through that means. One of the dangerous periods for black bass from cannibalism is the first fifteen days of their lives when they fall easy ])rey to minnows, yellow perch, shiners and other small fishes. It is believed that in that period fully 50 per cent, are destroyed. By carefully impound ing the nests when the young are hatched in the lakes and holding the little fish in floating boxes for 15 days a large jjercentage is thus saved. I believe the time is not far distant when if will be considered de- sirable to appropriate as much money for field work as for hatching. It should be said further concerning the wisdom that the cost of operating the hatcheries with a vastly increased out})ut would nc^f be very great The annual ap[)ropriation now tor hatchery purposes amounts to about |40,000 a > ?ar for the eight stations with' an output from them all of over 600,000,000 fish. The output could easily be doub 36 REPORT OF THE Off, Doc. led with an additional hatchery exiiense of not more than S2,000 per station after the plants were installed. n .l^^i ^^''''^ i'u ^""^"^ ""iV^;^ "^^^1' exceptionally adverse circumstances, ^.^^ W^^^''}!''''' c^^^itions, is beginning to show on the Delaware nver. For three or four years before the greatest number of egjjg that could possibly be gathered from fish was only about 5,000,000, but m 1907 about 10,000,000 were gathered and indications point to a larger take in 1908 and the restoration of the shad fisheries on the J)elnware to what they were between 1890 and 1000 FISH CAK. A number of years ago the Legislature made an appropriation for the construction of a car for the purpose of transporting fish from the hatcheries to different places. Unfortunately the appropriations made were not sufficient to operate the car excepting'on rare occa- sions when there were heavy shipments to one locality and most of the outputs of the hatcheries have to be carried in the baggage cars of the regular trains. The outputs have now reached such enormous tigures that the Department will soon be compelled to use the car ' u- Y^.f°^ ^?/^^ ^"^^ ^° appropriation with which to pay the mileage which the railroad companies ask. The car is housed in a building constructed for its accommodation at the Hellefonte Hatchery and will have to be taken to the shops dur in;? the coming year to be repainted and have some minor repairs FISH EXHIBIT AT CONNEAUT LAKE. Ihe managers of the Agricultural Fair held at Conneaut Lake an- nually, erected a building and tanks and invited the Department to make an exhibit of fresh water fishes in 1908. As the exhibit entailed no expense beyond the transportation of fish and their care during the exhibition the invitation was accepted. Although the managers were unable to supply very much money the exhibit was ccmsidered one of the most attractive features of the entire show. The building for the four days was continually thronged with people. At times the crowds were so great that special officers were required to get the visitors into line and keep them moving along in front of the exhibit. Ihere could be no demonstration greater for the educational value of such exhibitions than the one at Conneaut Lake. There are few things more attractive to the average public than living fish, and the oftener that they can be examined by the public the more thoroughly interested and aroused the people will become concerning thevalue and importance of the fish industrv of the State A SI'I^CIMKN OF MrSCAIJ,()X(;H AT COXXKAUT LAKK. 36 KEPORT OF THE Off. Doe. ied with au addiiional iiaicherv expenso of nor moiv than $2.0(10 pei- station after the plants wore installed. Tlie etfect of field work under exc^^ptionallv adverse eireumstances, H r V'^'h '^' ^'""^P^^''"'^' is beginning to sL<,w on the Delaware rnei. F(,r three or four years before the greatest number of eg-s m Mrt'oM--^'?'''^'^''.^'' gathered from fish was only about 5,000,()(Hi. but in 190 1 aboiii 10,000,000 were gathered and indications point to a larger take in lOOS and the restoration of the shad fisheries r.n \hl MPlnware to what they were between 1S90 and 11)00 FISH CAK. A number of years ago the Legislature made an appropriation for he eonstruction of a car for tlie purpose of transporting fish from the hateheries to difiereut places. Unfortunately the aj^propriations made were not sutlicienl to operate the car excepting on rare occa- sions when there were heavy shipments to one locality and most of the outputs ot the hatcheries have to be carried in ihi baggage cars of the regular trains. The outputs have now reached such enormous hgnres that the Department will soon be compelled to use (he ca»- ottener and to ask for an approju-iation with which to pav the mileage which tlie railroad companies ask. ' o/!l'*' ;r,V'^ ^'''"^t't'^ '"] '' building constructed for its accommodaticm at the Fie]lefont(« Hatchery and will have to be taken to tlie shops dur iTi;4 the coming year to be ivj^ainted and have some minor repairs FISH FXHIHIT AT CONNEAnT LAKE. 1 he managers of the Agricultural Fair held at Conneaut Lake au- niialiy, erected a building and tanks and invited the Department to make an exhibit of fresh water fishes in 1008. As the exhibit entailed no expense bey(md the transp<,itation of fish and their care .luring the exhibition the inviiation was accepted. Although the managers were unable to supply very much money the exhibit was considered one of rlje most attractive features of the entire show. The building for the tour days was continually thnmged with peopk'. At times the crowds were so great that special ofilcers were rcjuired to get the visitors into line and keep (hem moving abmg in front of the exhibit J here could be no demonstratifui greater for (he ercentage of the fish. At the time the drought was at its worst in July, i had several field men in Wayne county and these were at once jnit upon the streams to save what fish they could. With the aid of the farmers living in the vicinity who freelv gave their time and teauis over 27,000 trout were taken from pool's in which they would inevitably have died and transferred to safer waters. In the middle of September streams having reached an alarmingly low stage I sent a circular letter to all the Fish Pro- tective Clubs* in the Stale drawing their attention to the dangerous condition «»f the waters and the lack of facilities and funds for the Department to care for the fish and called for volunteers to make transfers of trout from dangerous to safer places. It is significant of the earnestness of these organizations that everyime responded and placed their services freely at the disi)osal of the Department of Fish- eries. Fortunately Just then there came two heavy rains which made the transfer unnecessary. Later, as all the sireams were in good shape, it was not c(msidered advisable to do anything. One imi)ortant feature of the great drought was its demcmstration of the wisdom of the Department in ]ilanting trout of the early finger- ling stage or from one to two inches in length. These little creatures for the most part survived the territde ordeal, consequently there will be in the streams next year a good slock of yearling fish, giving the Department at least one year's si art in the work of replenishing. FKY AND FINGEKLINGS. Up to two years ag<» a good percentage of the otfice mail contained letters in which the writers exi>ressed the opinion that the Depart- ment was making a mistake in shipping what they called fry trout, instead of sending out fingerlings three or four inches long or fish as many expressed it, "better able to take care of themselves,'' when being planted. Letters of this character are now comparatively rare, but the number of correspondents who approve of planting young fish has appreciably increased. It is not uncommcm for writers to state that they have been ccmverted to what is coinmcmly known as fry jdanting but as there are still a few people who believe that it would be better to hold fish in the hatcheries until the autunm, 1 think it well to again ])resent the reasons why the Department pur- sues the course it does with reference to the size of the fish. Those who still hold to the larger fish cite the trout which ccmies into Penn sylvania from the United States Hatcheries. While it is true that most, if not all the trcmt sent by the United States Government into Pennsylvania are larger than those sent out from the State Hatcher- ies, there are but a few weeks ditl'vaence in their age: the dilference in size is due chiefiy to their being hatched in water the temperature of which is a little higher than i]i the hatcheries of Pennsylvania. More- No. 22. DEPARTMENT OF FISHERIES. 29 over, while the fish sent into Pennsylvania are larger, bv far th(» greatest number hatched by the United States Bureau of fisheries IS distributed at even an earlier age than does Pennsylvania. To un- derstand more fully the truth of this, it is necessarv to repeat the fact .nnt "^^^^" ^'^'S^l^^ions adopted by the American Fisheries Societv in PJOo and endorsed by the National Government and states, try are de- clared to be fish with the sac not absorbed. Advanced frv are fish with the sac absorbed but less than (me inch in length. Fingerlings are fislr one inch in length and over, but less than a vear old. Year- lings are fish of one year old and over. The National Government distributes more than half its trout in the frv stage or with the sac not absorbed. Several other states distribute in the advanced frv state. Of the souw T.noo.dOO h.„ut distiibute bv Pennsylvania a^ least 6,000,000 are fingvilings and of the l,50(),(l(l(') advanced frv tlje age is exactly the same as the fingerlings but are smaller on account ot the very cold water in which they are hatched. The trout which are planted by the State are from three to four months old and they are planted in the streams Just before the natural food in the shape of insect life begins and before the little fish have begun habituated to artificial food in the hatcheries. If tnmt are kept until autumn they must necessarily Ik; fed exclusively on artificial food, like liver and thick milk, and when planted the natural food is beginnin*' to disappear and being accustimied to artificial food do not know how to seek their food and hence the fish become weak and starved and fall easy prey to their enemies. If fish are projierly planted according to the directions of the Department, that is to sav not in the streams which they are exi»ected to be caught but, in the little side runs and scattered along a much larger percentage will reach maturity than would be the case from a smaller number <.f fish planted in the fall of the year. This cimdition has been proved absolutelv and is not theory . S1L\ EI{ SALMON. I feel very much enc fish it is as much as may be looked for. Should any appear it will prove that by heavy stocking the fish can be established. If the fish now in the hatcherv ponds continue to grow as they did in 1008, the problem of a supply of eggs for heavy stocking purposes will be solved. In the meantime a second consignment of eggs will be receiv ed from the Ignited States Bureau of Fisheries this winter. THE COMMODORE PERKY The need for a staunch sea going boat for fishery w^ork on Lake Erie was felt from the very beginning of the De])artment, both as a medium to enforce the fish laws on the lake within the jurisdiction of Pennsylvania and for the fish cultural work. Fishermen from New York. Ohio or Canada could fish in our waters with impunity without paying n license or use any size mesh they V. 'i ■J /- INTENTIiDNAL SECOISID EXPOSURE No. 22. DEl'AUTMENT UF FJSHEHlES. 31 pleased without much fear of capture. The Legislature at its session in 1907 appropriated six thousand dollars for the building of a suita ble tug for the use of the Department of Fisheries. As soon as the money was available I took steps to have the craft built. In order that there should be no mistakes made I called to my assistance the Honorable A. E. Sisson, Senator from Erie county, and on his recom mendation 1 appointed an honorary committee to assist me in draft ing specifications for a staunch vessel, the cost of which would come within the appropriation. The gentlemen forming this honorary committee were Mr. Herbert J. Knight, of the A. Booth Company, Mr. Henry J. Hinrichs, of the Keystone Fish Company, Mr. John Hamberger, Mr. John French, Sec- retary of the Fishermen's Union, and Mr. eTerry Driscoll, a practical fisherman. All are members of the Erie Chamber of Commerce. A number of meetings were held with the result that specifications were jirepared, bids were invited and a contract awarded to Paascli Bros, for a boat 70 feet long with 14 foot beam and a speed of not less than ten miles an hour. The contract price was |5,885. The boat was completed within contract time and was one foot longer and one foot greater beam than the contract called for and at the speed trial made more than one mile beyond that which was called for. At the suggestion of Governor Stuart the boat was named the Com- modore Perry and was christened and launched April 21, 1908. ITiere was a large gathering of guests who were entertained by the contrac- tor. Miss Minnie Maher christened the boat. It was successfully launched at three o'clock in the afternoon and the event was followed by a number of addresses. Honorable John Hamberger, one of the Board of Fishery Commission, presided in my absence on account of sickness, and Commissioner A. K. Whitaker read an address prepared by me. Senator Sisson was the next s])eaker. He said : "Gentlemeu of the Fish Commission, Fishermen of Pennsylvania, Ladies and Gentlemen: "This occasion, the launching of this splendid boat, constructed bv the State of Pennsylvania and destined to be used by the Department of Fisheries of the State in developing the fishing industry at this port, and increasing the supply of food tish for the use of the people of the Commonwealth and country, marks an epoch in the history of that industry in these waters. The rapid return <)f the fishing in- dustry to its former condition of prosperity and jjlenty being made through the medium of artificial propagation, so effectively operated by the Fish Commission of tlie Commonwealth (of which Mr. John Hamberger is a member), umler the guidance of Mr. >Villiam E. Mee- han, the skilled and energetic Fish Commissioner, and with his rec- ommendation, has enabled us to secure from the Commonwealth an appro])riation in additi(m to that necessary to maintain I he hatch- eries that turn their C(mstantly increasing output into the lake, suf ficient to build this fine boat and man and maintain it for (me year — thus making necessary an appropriation at each session of the Leg- islature for that purpose. "This will enable the Department of Fisheries to operate to a much greater advantage by making it possible to gather a greatly increased amount of spawn from the fishing grounds at the other end of the lake, and the herring grounds on the Canadian side as well as from 'd'2 UEPOKT OF THE on. Doo. rmr owu fishing ground -and with this boat at its command, the fa cilities for i)]anting tlie fry, or young fish, will be greatly augmented and the fishing laws can be nnich better enforced, including bringing fishermen wiio come into oui- waters Iroiii adjoining states within our c(mtrol ''This spring over (J0,0()(), ()()() (►f these young fish wcrt^ ])hHed in the lake from the Erie hatchery— 4tl,0(m,(M)6 of white fisii and lM),(M)0,00() of herring. These increased facilities will undoubtedly be followed by an increase of hatchery capacity, and all will operate to the end oi* increasing the profit to those engaged in the fishing industry at this port, in increasing the number of men who can profitably engage in the business here, and greatly increasing the mat, and upon the int<'gi'ity and good faith with which they have carried out their contract. All c(mcerned are to be congratulated upon the excellent results fr<)m the approjjriation. "To Governor Stuart was assign(Ml the honor of naming this boat, and to me the honor of naming the young lady to christen it. Miss Minnie Maher has consented to perform the christening service, and from the fart that the boat is to be dedicated to the industrv in which she and her people are interested, 1 predict that her heart is with the service. "In selecting the name the Governor has exercised the good judg ment that accomj^anies all he does — excepting the one instance at the last session of the last Legislature he vetoed the bill inci-easing the member's pay. "Commodore Perry! The nnme not new to tliese wateis and this shore. Ninety-five years ago, when war clouds hovered over the na- tion and the hostile fleet of a foreign eneujy threnteued the cities ujxm these shores and commanded the waters thereof, a young man, 28 years of age, then a lieutenant in the American navy, came to Erie from Newport, K. 1. He iunnediately became activ^ely inter<>sted in the building and fitting out of a war fleet which was then in the ])ro- cess of construction on the south shore of this bay, at Cascjule iJun, 11 couple of miles above this point, and where the 7*ittsburg dctcks now are, and at Lee's run, the terminus of the old canal, under the dire(?- tion of Captain Daniel Dobbins, who has descendants still residing at Erie. "Lieutenant Perry was made commander of the naval forces of the United States on these waters, although he had never been in a naval engagement. The fleet was built of green oak timber taken from the forest along the shore of the bay and lake. A tree standing in its natural state in the morning would often by night have become Sv. 'JU. DEI'AUTMENT of FISIIEKIEB. 33 an integral part of a ship. The story of that fleet and what it did is old to most of you. It had cleared with nine vessels from the bay on August 5, ISVfj, and after crossing to and returning from Long l*oint, made for the upper part of the lake to meet the British fleet under Barclay, a veteran from the sea service of Euroi)e, who had commanded under Nelscm at Trafalgar. Barclay had six vessels, but guns with longer range and more of them and more men than Perry's fleet carried. On September 10, one of the great naval battles '.)f history was on — and although the American commander had had little practical experience in navrd warfare, and a large part of his men were new at that kind istol shot of the enemy's shi]>s, and amid a storm of flying bullets, he trans- ferred his flag to the Niagara, filling with his coat a hole in the row boat made on the passage l>y a canntm shot. He forced the Niagara through the centre of the enemy's fleet, folhjwed by a pnrt of his own ships, delivering one broaside after another, doing such fearful dam- age that in fifteen minutes after he came about the Englishmen had surrendered. It was then that he .sent to t'enera! HaiHsum his cele- brated message, -We have met the enemy and they nr(» ours, two ships, two brigs, one schoonei- and one sloop.' "The Niagara now lies at the bottom of the lower end of the bay, and within hailing distance of the channel through which ships ])siss as they enter and depart from our haibor. One can e.isily fancy that from her resting jOju-e she is noting the prodigious results of the great naval battle of which she was a pait — the passing to and fro for hundreds of miles east and west of the iumu'nse commerce of modern days up(m the great lakes, and that she is watching and waiting for the first news of a hostile Hag u|(on the waters she helped to conquei- when Phoenix like she will arise in the forui of a modern fleet, and re peat the achievements of the past. "And what more fitting and apj)roj>riate than that the name of this illustrious comnmnder should be given to this boat, which, in the peaceful and enterprising times that have followed those achieve ments, and surrounded by the scenes of his activity, is to be devoted to his principle of achieving the best possible results from opportu nities at hand." Senator Sisson was followed bv Mr. Liebel, the Mavor of the ciiv, who said: "The State of Pennsylvania and the city of Erie are uniting this afternoon in the recognition officially of an act that means much to 3_22— 1908 ^4 KEPORT OF THE Off. l>oc. Erie and to Pennsylvania. Truth compels the statement that, for some reason or other, our people have in the past not been properly alive to the possibilities of lake activities, both as to transportation by boat and the fishing industry. With all the natural advantages that a liberal Providence could be expected to grant, a land locked and accossible harbor, with land adjoining suitable for the building of a mighty city, our people have not always risen to their opportu- nities ; until we have seen less favored but more active and alert and strenuous neighbors along the water front, forge ahead in the commer cial and industrial world. 1 honestly believe that we are in the presence of a better and more promising times. It has been the pol- icy of the municipality for a number of years past to i)rovide, as the funds allowed, for the improvement and enlargement of Lakeside Park along the bay. That this park has grown not discreditably a glance at this moment will demonstrate. At last evening's session of city councils further provision was made for a cimtinuance of this commendable work during the current fiscal year. Coupled with the city's efforts we have the munificence of the Commonwealth, which at the late session of the State Assembly made bountiful provision for the extension of State street out into the bay. That this action of the State will be of far reaching consequence to Erie and to Erie's shipping is self evident. It means that boats of deeper draught and of greater cai)acity will feel encouraged to come to our port, and it now remains for the shippers of Erie to take into careful considera- tion the advisability of encouraging and endorsing the enterprise and progress shown by supporting and i>atronizing the lake transporta tion service which promises to come to our doors for a portion of our business. "To-day we have a further example of the interest of the State in our welfare. This boat launched this afternoon will, as I understand it, do double service, by patrolling, and therefore protecting the fish- ing industry; and by use in the collection of spawn. I congratulate the members of the commission on the manner in which they have ex- pended the moneys entrusted to their care. 1 am sure that' time will vindicate their judgment. "1 cannot allow this opportunity to pass without saying just a word concerning another project that is dear to nuiny of our citizens, and which at the proper time I think should be commended to the in- quiring interest of the State. In kcH?ping with the desire to further the lake and harbor interests here, the widening of State street, in harmony with the extension to be built and the hopes and aspirations of the people, is worthy of more than passing notice and attention. A portion of lower State street is State property, and to the State we musf look for aid in the form of the necessary funds that will be required. Erie is the only lake port in Pennsylvania, it is a place of commercial importance as well as historic interest; i1 boasts a bcauti ful bay, it invites the people of surrounding secticms to come here when the season is favorable to enjoy our balmy lake breezes, and to come to know of the hospitality of our people. It looks with hope to the future for a great increase of tonnage in shipping; it is confident that it will become a regular point of entry for the great lines of lake transportation ; and 1 believe that at the proper time it should ask the State with good grace and with reasonable assurance of suc- cess, to assist. We should have this a sightly thoroughfare, with no unnecessary obstruction to traflQc, that it maV appeal to the eye and No. 22. DKPARTMEXT OF TISHERIES. 85 have the approval of our business sense and judgment; and today, when such matters are uppermost in the mind, I point to it as a pro- ject of first importance "Referring again, in conclusion, to the work of this afternoon, I once more express the hope that the Commodore Perry mav be worthy of the men who brought her into being, that she may play well her part in the affairs of our bay and lake, and their natural industries, and that the future liberality of the Commonwealth of Pennsvlvania may at a not far distant date call us here, as it called us today, to signalize an act of progress in the history of this communitv. May that time mark not only the completion of the extension of State street, but also its widening to a degree demanded by every considera- tion of appearance and business." The Hcmorable Frank J. Detzel, member of the House of Represen- tatives, followed and said: "The preceding si)eakers have so thoroughly covered the grounds that I will have to content myself with very brief remarks. At the last sessicm of the Legislature there was moVe than ordinary care exhibited in looking after the interests of the people of Erie. In ad- dition to liberal appropriations to our public charitable institutions, it made posisble by a grant from the State Treasury an extension of State street into the bay, which extension promises to be of great value to the future shipping from this port. Shipping is not our only concern, however, on the lake front. The protection of the fish ing industry is of paramount importance to many in this communitv. Its upbuilding means much to the entire city and the section. As the only lake port in the State, and as the representative of the great Commonwealth of Pennsylvania in lake traffic and fishing, it behooves Erie to overlook no oi)portunity to make the most of its natural re- sources and advantages. "The State Department of Fisheries has not overlooked the neces- sity of safe guarding the means of livelihood of many of Erie citizens with respect to the fisheries, and we of the city should also be equally on the alert. I want to compliment the Commissioner of Fisheries and the gentlemen of the Board of Fishery Commission on the good judgment and taste dis]dayed in the construction of this beautiful boat, the Commodore Perry, for which an appropriation was made at the last session of the Legislature. I sincerely hope that the staunch craft launched this afternoon will enable the Department to do even more yeomen service in the cause for which it was built and that it will ever be worthy of the noble name it bears, the Commodore Perry." The boat having more than fulfilled its contract requirements was accepted and I appointed Mr. Jerry Driscoll, captain, with a crew consisting of an engineer and fireman Although only a few months in commission, through the use of the Commodore Perry such valua- ble work has been performed that it may be almost said' to have paid for itself. Illegal fishing in the lake was entirely broken up and the licensed fishermen received a perfect protection which never be- fore could be given them. Many million herring eggs were secured from Canada, ports which otherwise could not have been secured. The boat may be considered as indisi)ensable. The cost of operating the boat could only be estimated. It was thought th{\t about ^."^.OOO ) I m KEPORT OF THE Off. Doc. would be sufficient, but this amount was short by several hundred dollars and it will not be possible to operate the craft in the spring and will therefore have to be put out of commission until June OUR RELATIONS WITH THE NATIONAL GOVERNMENT. The relations between the De[>artment of Fisheries and the United States Bureau of Fisheries remains very close and cordial. The ar- rangement in operation for several years by which the National Gov- ernment collected all the pike-perch and white fish eggs from Ohio waters and turned over a portion to Pennsylvania on the latter paying the pro rata cost remained in force, and a much larger per- centage of eggs was gathered than in any previous year. Pennsyl- vania also received a generoUs supply of lake trout eggs from the Northville Station. The bulk of the lish hatched were planted by agreement in Lake lOrie, a few thousand being deposited in suitable interior lakes. Pennsylvania also received a consignment of silver salmon eggs from the Naticma Government hatchery in the State of Washington for the experimental stocking of the Delaware river. Corresjiondence betwec^n this State and the Natiearls or produce shells suitable for pearl l)utton nuiking. The ccmsignment was for experimental jjurposes in our hatchery in an endeavor to rear them for stocking jiurjioses. INTERNATIONAL FISHERY CONGRESS. Through the efforts of the United States Kureau of Fisheries i1h» International Fishery Congress, comi)osed of peo]>le interested in fish culture and fishery matteis in all ])arts of the world, was induced to hold its quadrennial sessicm which occurred this year in Washing ton, D. C. in September. Invitations were sent to the Governors ai' all the slates to send dele- gates in proportion to the size and imj>ortance of their resj)ective fishery interests. I*ennsylvania was invited to send at least five dele- gates and the Governor appointed ^li-. Marion G. Sellers, of Phila- delphia; ^Ir. W. A. Leisenring, of Mauch Chunk: Mr. Henry .]. Hin- richs, of Erie; ^Ir. -1. P. Reynolds, of Meadville, and myself, as dele- gates. The Ccmgress ojiened on September L'lM with Dr. H. C. Bum])us. of the American Museum of the Natural History of New York, as the presiding officer, and sessions were held daily until the 2()tli. The Pennsylvania delegation organized and iKmru-ed me with the position of Chairman There were representatives present fnmi nearly every nation in Europe, many of the Rei)ublics of South America and China and .Ta]»an. Every state in the T'ni(m engaged in fish cultural work, No. 22. DEPARTMENT OF FISHERIES. IVi no matter how small its scope, was represented by delegates. Presi- dent Roosevelt made an address to the members *of the Congress in which he declared that '^Conservation of the fishery resources of the country is as important as the protection of the forests and that de cided steps must be taken to preserve to posterity the fish supply." It soon became apparent both from the character of the papers read and the utterances of foreign delegates that fish culture in this country is far in advance of that abroad, although it was in Europe that artificial propagation was first instituted. The foreign dele- gates were very free in their expiessions of surprise at the great progress made by the Natiposed Federal ccmtrol of the Great Lakes and the boundary waters between the United States and the British ]K)ssessions in North America with re- lation to the protecticm of the fisheiie.s. In addition a i)aper pre- sented by a delegate from Maryland advocated Fedeial control of waters forming the boundary line between states and both propositicms met with little or no (»bjecti(m (m the part of the dele- gates and resolutions in accordance therewith were adojited. Another subject of great interest to Penn.sylvania was a discus- sion on the proi)er open and close season for fresh water fishes es- pecially of such non-nest building species as the white fish of the Great Lakes. In the International Congress the (iuesti(m was not brought to a vote, but every Ameriran tish culturist and every Ameri- can delegate who spoke, save one, adv<.cated an <»pen season "for mar- ket fresh water fishes during ihe sj»awniiig period and if desirable a close season during the smnnier m(»nths when immature tish are most abundant and when the fish are less desirable for food. It was a significant fact that practically the only delegates who advc.cated a close seaseriod were those fnmi counties in which ai-tificial fish eulture is not <'arried on on a large scale Those who advocated an oi)en season during the spawning i)eriod for this tyi)e of fishes held that the results from natural i>ro])agation are very small and not sufficient to maintain a market supply and that artificial propagation was necessarv; that artificial i)ropagati(.n could only ])e carried (m to the best advantage by encouraging the commercial fishermen to o|)erate their nets and to have spawn takers on all the boats. The Pennsylvania delegation i)ointed out that to fill the hatching houses in Peuusylvaiiia with white fish and herring would require, the operation of every boat W(»rking fnnn the port of Erie and everv boat not reijuired by the sjiawntakers of the United States (ioverii- ment and the State of Ohio in Ohio waters, and every boat operating out of at least two of the Uaiiadian ports, and that even then there would be n(» overcrowding. Three ]mpers >\ere read <»n this subject by tish cultiirists of national reputation, each without the knowledge of the other and in each a full open season during the spawning period was advocated and a close seasunced above \\hile some ichthyoh>gists agree that it is a distinct species thev 'tt^^lSe^. ''""^'''^ '^ ^"^ ^^^--^"-^ ^^^«--- ^^tweeil The greatest catches on the Susquehanna were reported in the yieinity of \ork Haven below the dam. This was generallv believed to have been due to the low water in the river which presented Ihe fish from ascending freely the fishways in the dam on the York county side of the river. Good catches of pike-perch were also re ported from the Upper Delaware river TROUT SEASON. Jhe trout season opened inauspiciously as usual with bad weather As this has been the almost unbroken rule for the last seven or eight' years many fishermen claim it would appear to be good policy that the season open at least a week or two later, say Mav first. On* the oth(T hand, such a law would sericmsly curtail the fishing in manv low land or meadow streams. ^ " In many secticms there were heavy snow falls ; in others cold rain and in few places was there sunshine. The streams were banked full :ind there was little or no sport in raking the fish from the water Taking into consideration the opening day a verv large number of fish were caught and of a size that argued well when the weather became warmer and the streams in better condition. The hopes thus far held out were not disappointing. With very- few exce[)tions the reports were unanimously to the effect that there were more trout and of better size than the previous year The gen eral average was said to be marketable as to size and the wai'dens reported numerous fishermen who were discarding six inch fish and keeping nothing less than seven inches in length. Small fish were also said to be abundant showing that the increase was heavy and likely to l)e sustained under normal conditions Un fortunately, normal conditions did not continue. A long drou Bor years sneniifir men l.cld tlw.t (1... Miu- pik,' ii, Lake K.ir w;,. only imiiiatnre pike pml, j.ihI l.jul never spjiuned. Vftor ilie He imrtnieDt of Fisheries be-jaii tnkiii- e^-s ;„i(l i.ropa-ariii..- blue pike It was st.Ii I.eld that rl.ey were pike-penl. ; tiiat while ih^v had reaehe( spawnino ;,<;e were ye. y.nmo and possessed ve.v p.MMdi-n- co]«,r through their eiiviroiin.eiHs. The rerenti!' "^'^;\^!-^^/;V^l''*'^ cui the Susquehanna were repcn-ted in tle^ vicmity ot \ork Haven b(dow ilu^ dan;. This was -enerallv believed to have been due to the low water in ihe river which prevented the fish roui ascend mo freely the ti.shways in the dam on the York < «.uuty side of the river, (iood catches of ,uke-perch were also re ported Irom the Cpper Delaware river. TIJOUT SEASON. J he trout season oj.ened inauspiciously as usual with bad weather As this has been the alnu)st unbr(»ken rule for the last seven <.r eio-hi years many lishermen claim it w banked full :ind there was little or m) sport in lakino- the fish fr<»m the water I akinj,- into consuleration the opening dav a verv large number of fish were cauohi and of a size that ar-ueorted numerous lishermen who were discarding six inch fish and keeping nothing less than seven inches in lengtlL Small tish were als(. .said to be abundant showing that the increase was heavy and likely to be sustained under normal conditions. Un- fortunately, normal conditions di. After a hmg period and many interviews the dimf a permanent nature is to be installed in the snrin"". Screens were also placed in front of the turbine wheels of*' the .luniata Power Com]>any at Warrior's Kidge, and one ordered in a raceway in Mcmtgomery county where on (ine occasion this Autumn so many eels had gotten into the turbine wheel as to stop the opera ti> 44 lti:POlJI' Oh TIJE Off. Doc. conditions have radically chanj; 1 since the Act of May 29, 1901 was put upon the Statute Books. . ish have increased in most of the waters and the public gener.il'y taking a greater interest in fishery matters. Obscurities which !iave for a long time escaped notice be- came very apparent and some of the provisions became onorous in view of the increased fish supply. These conditions together with de- fective acts subsequently i)laced upon the Statute Books render a new act very important. JNTERNATfONAL COXTKOL OF HOUNDAKY WATERS. For years the fishery authoriliis of the different states and Canada bordering (m the Great Lakes have been endeavoring without avail to secure uniform fishery laws. Different interests have invariably successfully interfered. Four years ago there was a meeting of Com- missioners of different states and of Canada at Detroit with the result that certain uniform regulations were proposed. Pennsylvania in 1905 adopted those regulations almost in toto by an act of the Leg- islature, and (me feature enacted was one regulating the size of fish which might legally be caught in Lake Erie within the jurisdii!- tion of Pennsylvania. The following year Ohio adojited an act which was nearly but uoi quite uniform, there being several days difference lietweenthe open and close seastm and in the size of the meshes of nets, also license fees. New York failed to enact any uieasure whatever looking toward uniform regulations and Canada did not change her regulations on the ground, unolficially stated, that it would not do so until the states bordering on Lake Erie ado])ted uniform laws. The conse- quence was that I'ennsylvania fishermen suffered and in 1907 an act conforming to the regulations recfimmended by tlie Detroit confer ence were repealed, the successful effort to do' so meeting with my full approval New York subsequently revised its fishery laws on Lake Erie, but they differed souiewhat from Penu.^ylvania and Ohio. In ccmsequeuce of the variations, not only on Lake Erie, but on nil the bouudarv waters between the I'nited States and the British possessions iii North America, the Xati(mal (lovernment and (Jreat Britain felt that some action should be taken, and the result was that on April 11, 1908, a treaty was signed between the two (iovernments bv which it was agreed that the ((mtrol of the fisheries in such boundary waters should be undertaken by the two Covernments. In order to carry out the treaty the United States and Canada each ai)pointed a Com missioner forming a temporary body known as the Tnternationjif Fishery Commission. Professor David Starr Jordan, l*resident of the Stanford T'nivei- sity, California, was appointed by the authorities at Washington to represent the United States Government, and Mr. S. Bastedo\v the Canadian authorities to represent Great Britain. Pennsvlvania is interested in Ibis movement to the extent that 45 miles of shore line on Lake Erie and to the Canadian line in the middle of the lake an average distance of about 25 miles or altogether of over 1 100 «mvm» miles of water. No. 11 UKl'AUT.MENT OF FiSHEUlEiS. 4:* As Pennsylvania's fishery interests in this area is second in value among the states bordering on Lake Erie and Canada the proposi- tion of the National Government is of ccmsiderable importance. The value of the Lake Erie fisheries to Pennsylvania is over |:iOO,000 a year to the fishermen and an inc(>me to the State from licenses of about |2,000 annually. The value of the fish to the State is in the neighborhood of one miliosed measures for Lake Erie are concerned, the nuijorily of them are founded upon i)resent laws of Pennsylvania and the Slate of Ohio. Some are nearlv word foi- word. There are, howevei-, two or thre(> |>rovisions which I believe are nn( only necessary but which v/ould seiiously curtail the fish food suppiv lor the i)eople and unduly injure the livelihood of the fishermen. Those interested in fishing on Lake Erie protested strongly both to me and the Inlernalional Conunissirovisions (►f a treaty signed Aj»ril, lOOS, bv th<' Secretary of State of the United Slates and the Prime Minister of England, the two nations jiiopose to take over under joint control the fishery legislation of the boundary waters between the United States and the British f)ossessions in North America. And, Whereas, Ciii|jlaiiii.s botli on the i)art of citizens of Penu Kjlvania and Maryland regardin^^ the fishery laws of the Cheasapeake Bay and Lower Susquehanna river and iiniierfections in the Penn sylvania laws which jierniitted the .Maryland /ishermen to ship cer- tain fish into Pennsylvania and sell them when such fish could not be sold in Maryland to the iujui-y of ihe fishery interests of the latter state. Maryland authoiilics complained for example that Pennsylva nia laws allowed black bass ♦auj'ht in Maryland to be sold in Penn sylvania during the close season and that* under-sized yellow i)erc]i caught in :Maryland could be sold in Pennsylvania at anv time of the year with impunity. On the iMher band 'Pennsylvania complained that certain types of nets all(»wed in the Chesapeake and that part of the Susquehanna within I be jurisdiction of Maryland was leading to the destructi(m of certain fishes. Tnder the terins of the joint res^ olutiim creating the Legislative Coniinis.^icm to meet New Jersey the said commissi(m was authorized to nieet with a similar cimimission frnnnission got to- gether, drafted a bill and the Legislature enacted what is known as the fishery act of May lM>, l!)()l. Pamphlet Laws. IMH. The new act was far in advance of anything ever put upon the Statute Books and was regarded in several oilier states as a model. As time passed, how- ever, many deficiencies weie apparent and some inconsistencies and many of -the so<'tions were not clearly exjjressed and were open to dif- ferent inter])retations. \\ is not suri)rising therefore that it came to be a connnon saying that a fisherman required a lawver to go wiib jiim when he went fishing to advise him whether or not he wa's yiola^ DEPAltTMENT OB^ FISHERIES. 4tl ting the law. Nevertheless there is no doubt when it was understood the law was of great benefit and of material assistance in the protec tion of fish. ^ In addition to the act of 1901 several other acts relating to fish found their way upon the Statute Books, one or two of which, well mtentioned though they were, proved to be very harmful to the lisheiT interests, among them may be principally mentioned tlie act l»ermitting gigging or spearing for eels, carp, suckers and mullets, and an act permitting seining for carp on giving a bond approved by a court of Quarter Sessions to catch carp and suckers onlv. These Va nous unfortunate acts and the vagueness and inconsisti^ncies in the act of 1901 renders it important that there be a new act as spcHidilv as possible covering the whole question of fisheries in the interior waters. I fe-'l also that (me of the principal features of a new act should be sections so plainly worded that anvone can understand them The chief ditticulty in drawing a fisherv lull is to so frame it that it would apply properly to all sections of the Slate. The area of the Comomnwealth is s<» great that naturallv there are some difl'erences m the character of tbe seas«ms and what might be a proper open season for a certain sj^ecies of fish in (me part might not be quite right for another. In order to try and strike the right average, and in ol- der that there might be a free expr(^ssi(m among all classes of fisher- men I decided to call together in convention the various Fish Protec- tive Associations and Fishing Clubs in the State. In this I was heart- ily assisted l)y the Pennsylvania Fish Protective Association the headquarters of which is in Pliiladelphia. and the Lan aster Co'untv Fish and Game Protective Associari(.n of Lancaster. The c(mv(mtion was called together on October iMMIi and :50th at the Board of Trade Rooms in ilarrisburg. Previous to the (Minvention I bad sent letters to the various organi zations asking for suggesticms and on receiving them called upon several large Fish Protective Associaticms to send representatives t<. the Department otfice to assist in |)reparing a rough draft of a bill framed on the sugg(^sti(ms and my exj>eriences with the act of 1901. Among the Associations thus called nyon were the Philadelphia Fisli Protective Association, the Lebam ii Countv Fish Protective Associa- tnm, the Chester Cotmty Fish Protective Association, the Berks Conn ty Fish and Game Protective Association, the Lancaster CVmnty Fisii and (iame ProKn-tive Associaticm, the Pohoqueline Association, and two or three gentlemen experienc(Ml in fish protective matters. A rough draft was made of a bill c(mtainiiig thirtvs(wen sections, thus reducing the secti(ms of existing acts from one hundred and four- teen The ccmvention was rej. resented by about half the Fi.sh Protective Organizati(ms of the State and mt(»d for the hatching of sunfish and calico bass, owing to the tcmi>eratnre of the water, but anticii)ated a larger output of tish. Am sorrv to sav that I was not able to distribute more than 7,000 sunfish, and 2,000 calico bass. There were a number of nniski-ats in the banks of"this pond at the time the fish were spawning and feel this accounts for some of the loss, as the rats keep the water in a muddv condition. 1 hope to overcome this cause of loss by jdacing concrete walls around the pond. ^'^ HEVOUT OF THE off. Doc. As I only have a few adult yeiiow perch 1 left the spawn remain in the pond to hatch. When 1 drew the pond down in October, re- moved six hundred tingerlings which were planted in Columbus Lake. The catfish is another sjiecies which requires a higher temperature of water in order to have good success in hatciiing. I was able to distribute 9,100 finoerlings. The condition and health of the fish dur- ing the summer was excei)tional)y good consideriu'^^ Uie manv times it was necessary to remove them from one i)ond to another. At times the ponds were (overcrowded on account of repaiiino and rebuildiu" the ponds. * The brook trout began to sj^awn October 2. 1'he first taking bc'-^an to hatch IS'oveinber 20. The number of (»gos and frv in tlie house at the present time is 4,000,000. I made many imj)rovemcnts at the hatchery this vear, among the most imi)ortant being rebuilding old i)onds. We concreted the sides and end of ten ponds, ranging in size from (wentv to one hundred and twenty feet in length, by fifteen to twenty feet in width, ;ind tour to six feet deep. These walls were all cupped with hollow tih*. Graveled the bottoms of these ponds, put in ten new gates and widen- ed the races at several of the ponds. There are as vet eight i)onds to be concreted which 1 hope to finish next vear. (iVaded around the ponds, graveled the walks, l»uilt a gravel diive-wav to the nev/ dwell ing, sowed grass seed and sodded aroinid the jtonds that were rebuilt • laid 180 feet of eight inch tile to cai-ry the suppiv of water from num- ber one hatching house to (me of the ixmds, laic'l ISO feet of six inch tile to the ditch to drain the water from the floor. Tliis water is not pure enough to flow thnmgh the prmds. Laid 40 feet of four inch tile from a spring to number two hatching house, built an ice hous^' fourteen by sixteen, fourteen feet high. Finished building the fence around the new gnjunds, j)ut a new loof on the i)orch of number two hatching house, impaired tojis of tlie walls (m eight of the i)(mds that had been concreted late last fall. Th(»se walls wei-e damaged l)v the frost last winter, whitcnvashed the i'oncea, also the trees around the ponds, papered tour rooms, rebuilt the jiicket fence, repaired roof on main building and put a new pai»er roof on shed of old dwelling house tarred the roofs of the three hatching housr^s, ice house and office' painted the barn and ice house. This work has all been done bv the three men who are employed at this hatchery and mvself. I have b(M'n stati(med here for twenty loiir vears' and durin"- thi.^ time have notic(>d that the spring at the old dwelling hou.se, which supplies several }Mmds on the grounds, becomes lower in tli^ month of November. The variation in the fl<»w has bneii alm«.st the same each year, but this year the spring has been lower than at anv time in fact it was alarmingly l(»w. It was n(M(»ssarv then^fore <•» transfer the greater number of fish from these p(.nds to oiher p(mds lower down which are supi)lied by oiher springs. The springs which supply ilw three hatching houses are also lower than at anv otlu^r time 1 am pleased lo say however that there has been no serious trouble from shortage of water. Estimated Number of Fish in iV.nds at HatcluMv for Hreedin^r. Brook Trout, four years old and over 14 qoo Brook Trout, three years and over, 8500 Brook Trout, two years and over 9500 Brook Trout, one year and over, ./...... SO 000 ^"- --*• UEI'AltTAJK.NT OF FiSNKItlLS. 38 Lake Trout, four years and over 600 Lake Trout, two yeai's and over 1 qOO Rainbow Tnmt, three years and over 2'oOO Rainbow Trout, two years and ovjm- 2 {){){) Sunfish, blue gill and hmg ears 'UoO Catfish, nn.. Bullheads '•'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'. 50 '^^^^^^'' S8^) Urook ivout eggs and fry in house a I j. resent, 4,000,000 Hope this report will be satisfactory. Respectfully submitted, WILLIAM BULLER, Superintendent. CORRV HATCHERY, STATION NO. 1 Fish, etc., distributed from J)ecenil)er 1, 1007, lo November 30, lUOS. BROOK TliOUT, FlNiJKKLlNGIS NO. 1. Armstrong c(mnty, Butler countv iieaver county, . . . Crawford countv, Clinton c(mntv, . . . Columbia county, . (.'amer(m county,, . (Jlearfield county, . (clarion county, . . . (Jambria county, . . Erie countv l]lk county, Forest ccninty Indiana county, . . .h^llerson county, . Lawi'cnce county, . Lycoming county, . .McKejui county, . •Mercer county, . . , Fotter county, .... Tioga C(mnty. .... \'enango county, . , Warren countv. . . . 16,000 14,000 3,000 00,000 447,000 10,00() 188,000 535,000 (),000 102,000 281,000 272,000 82,000 35,000 140,000 10,tal, Ttm Cattish, Fiugerliugs X(». -2. Oawford county, 1 500 Jelferson ccmnty, 3 000 J^ ayette county, 1 O^,) ^J^«^«J' '. ^ Cattish, Fingerling.s No. 1. (Crawford county, 2 .^^^ Mercer county, .........". I'Jjoo Warren county, '400 '^'^^^^' ;{,200 Yellow Perch. Fingerlings No. 2. C'rawford county (Kj,! Sunfisli, Fingerlings No. 1 Crawford county 4,000 Warren county [ l^OOO "I'^^^l 5,000 Sunflsh, Fingerlings No. 2. Clarion county 2,000 Calico Uass, Fingorlings No. 1. Warren county 2,000 I! ^o- 22. DEPARTMENT OF FISHERIES. 55 Frogs. Crawford county, jg qoo Warren county, 25,'000 Total, 40,000 Nummary. Brook Trout, Fingerlings No. 1 3 571 qoO Adult Brook Trout, Males, [\ ' j 075 European Brown Trout, Fingerlings No. 1 50000 Calico Bass, Fingerlings No. 1, .' 2000 Sunfish, Fingerlings No. 1, s'ooo Sunfish, Fingerlings No. 2, 2000 Yellow Perch, Fingerlings No. 2, 'eOO Catfish, Fingerlings No. 1, 3 200 Catfish, Fingerlings No. 2, 5 500 Catfish, Fingerlings No. 3, ^qq ^''•«^' '.V.V.'.V.'.'.V. 40,000 '^^^tal 3,680,775 56 REPORT OF THE ERIE HATCHERV, STATION NO. 2. ©flf. Doo, Report (»f Philip II. Hartraan, Superintondent. Hon. W. E. MEEHAN, Commissioner of Fisheries. Sir: I take i)lea.siire in submitting to you my third annual report from December 1, 1907, to November 80, 1908. ' It pleases me to say that this station's record of the previous year was reached and i)assed by millious. The total output for the pasl year was 247,5:]2,;j0(! fry and Iroj^s. After filling this hatchery with white lish and herring eggs last fall I had a surplus of 17,240,001! herring, and L>4,:i7l>,000 white lish eggs! which were shij)ped to iJic Crawford hatcherv to be hatched. The fry- were returned in March and planted in Lake Erie. The white fish and herring eggs hen- began t<» show the eye December 10 1907- started to hatch Manh :5. and were all out March '21. ' The fishermen hav<^ had the best fishing year for while fish that has ever been known, more while fish being caughi out of Erie than ever The fishing seascm f\.r lake herring came on with another surprise From the very outset the catches were heavv; in fact so heavy that from September 15 to about the 20, the dealei-s were unable to handle the immense hauls that were coming in and were forced to limit the steam tugs to 4,000 jMrnnds, and smaller boats in proportion 1 nlSY ''o^n.wf ^'''''^'' ''^^'''" ""'<^«'^iiig ^heir allowance would have from 1,000 to 2,000 pounds left aboard the tugs. A few of the tugs took what they had left over out in the lake and dumped them overboard The majority of them took them to their docks and the news soon spread throughout the city that fisii were being given away at the wharves In a short time the docks were swarming with men, women and children with baskets and carts and in a few minutes time a ton or more fish would be moving up the hill to hundreds of homos throughout the city There is no doubt but that this wonderful fishing in most part is due to artificial propagation and a great deal of credit is due to the Honorable ^\. E. Meehan, roir.n.issioner of Fisheries, who ever since the creation of the Depariment of Fisheries has insisted on and assist- ed in evei'v way to increase the output each year to save more of the waste and put mm-e life into waters of Lake Erie, and the results ot his etrorls are coming to light more everv dav No doubt there will Ix^ times when fishing will nr,t be so good as there are and will be spawning seasons when ^^ e will not be aide to sot vast quantities of eggs, and at such times the quality of eggs will be found to be bad which will <.ause a slight slump in fishing following such unfavorable seasons for gathering spawn iiTM7Qr»r'T-V^'''f rV" T-'^^.T'^'-'^' ^'-^^^ ^his station in the past vear 44,b14,S00 white fish fry and H;,H(LMI00 lake herrino- frv No. 25. DEPARTMENT OF FISHERIES. 1 The next fish propagated \\as the pike-perch of which 70,312,500 fry were hatched. Seven million nine hundred thousand went to interior waters and the balance in Lake Erie. These eggs were taken by the United States liureau of Fisheries at Toledo, Ohio, and shipped by rai to Erie. In all 203,350,000 eggs were taken. Fourteen million, eight hundred and seventy-five thousand green eggs were sent to Tor resdale hatchery and 15,7.1! i.OiiO grei n eggs and 9,000,000 eyed eggs to AVayne hatchery, and 23,Ino,0(»0 green eggs to Crawford hatchery, leaving a balance of 140,025,000 at this hatcherv. 1 am sorry to say that simie ui the eggs were not as good (pialitv as usual owing to storms and other unfaviM-able ((mditions which existed at the time the eggs wei-e being taken Blue pike work was largely imieased here bv a new svstem inln* duced by Commissioner Meehan called field work. Through it I have made a new rec<.id in the output of the blue pike; the astonishim- number of 90,1-50,000 blue pike fry were hatched here last spring. This is in fact many millions more than have ever been hatched here before The first eggs were laken May 5, the last May 20. Thev began to shon the eye May 1.), ha l died May 17 and were all out Mav 27. i am .safe in saying thai blue pike eggs are about the hardest e*"' ; known to care for ihroughc.ut the |.eriod of incubation. They clea.i on the same order as pike-peirh eggs. At the time blue pike are in the temperature of the water is so high that fungus starts much moie quickly so that if the eggs are not watche falling ofl'' of the amount of eggs we usually got from Wayne countv. April 9 I began stocking the ponds with frog spawn. In five davs I had both jurnds stocked with all 1 erfect. There was only one bid received on the contract for catching carp that of Mr. John Brice, of Erie. I was authorized bv Commissioner Meehan to let the contract to Mr. Brice, he taking it f(u- two months from June 1. to July 31. There were 40.080 pounds of carp taken in the two months. K8 REPOR'l' OF THE Off. Doc. There was a sligh t decrease in the amount of license money collected the past year which decrease would have been much more had it not been for the new patrol tug. Commodore Perry, which was built withm the last year by the Department. In other vears tugs operated from near ports of adjoining states would run 'into Pennsylvania ,T license. "''' '"''" ''"*' '"'^ ^'"" '^^'"^ ''"^^ ^""^ without paying The Commodore Perry was put on patrol duty in June The re suit was that quite a lot of tug owners from adjoining states sent 111 for licenses, finding it cheaper to take out a license than have their nets confiscated when found to be in Pennsylvania waters. >Varden J. P Albert also rendered good service in enforcing the icense laws. He caught quite a number fishing night lines. Inftead of arresting them he would give them one or two days time to come and take out a license. Some would write for them, others would come m person. This method gave satisfaction to a 1 and did not crejite ill feeling, which usually occurs when arrests are made i^}t?TtT' ^l\'^ «»'-icked off and when the fish were ha t< lied they were stnmg and rapidly grew into as fine a lot of young bro(>k trout as one tould wish to see. The yeai' before there was an ej)idemic of .sore gills which carried off a good many of the small fish and naturally smething of the kind was ex])ected to happen this year and undoubtedly a large number of young fish would have been lost if the trouble had not been noticed while the fish were still in the sac stage and most drastic measures applied to check it. One would hardly believe that a fish so tender as the brook trout is while in the sac stage, could be doctored much, but it was a case of die for sure if they were left to go as they had started, so a series of salt baths were arranged. First, the salt was put into the head of the trough and allowed to dissolve and work through the whole trough in that way, but as that did not accomplish the desired result it was scattered through the trough and by passing No. 22. DEPARTMENT OF FISHERIES. 63 the hand back and forth over the bottom of the trou-h the salt wms ihe idea of introducing new blood im. »...,.. «: i ... .vear with,.,,. s„,...,.s.., S, ,"i ^ ,. , ,^ ^T 'T**"^"'"' "'''' station, deliver,! l'5,,)0,. fi„ ■ m 'm i,,, "i i, 1 ' i'' '^''.'■"^"^ ^'""'^ like nun.he.. of our fi'sh, l,„ ^ v ', " ;,', ! t,, , " . '" ,<;•':"•,';«" '"r," and all succmbod. Tli,. ,.nlv w,v I „ 111 i. m ""^ *■''" "•""l>le I.lood in the fish 1 ,.,-e «;.•;«. I 1 '"'"'if '" '""' ""■' '"'»• and carrv then, in .l,ls\U?r;i:,;;:j ' ;r ; ,!:,?,f^ ax ,t appears to be i,nn(,K.sil.le to i-eii- livl, ii ,, ,1*""' "' 'i'i"l»!ilio«. wa.e,- if less hardnessVha,, ,l,e ^ ,' ' a h '' . l-I^ '..-n halched i,. portant n.atter and shoald he give,, ,,,osts^..'"si,,: ;,:,''" ""■ The shipping was started on Af'ii-.ii •> oti.i i \"'"^uei.nion. nsh car .lis carried „•; -on, lu.ilm V-na-h"': ie.^'^'^.V i;V i;'':;;,'';;''"' •lone by messenger, as the ,a,- on o,„. i.in rook „ t ''i- ,- ,' . « " was finished April ]]. One (ho.,sa,i,l h^e m .;., i ; '^'"l'l"U!f cations for brook trout were filT«r ' '""' "''"'■"" "''»'"• At the annual meeting of Ihe Su|.e,i,i(,.„den(s at vo„r „(Iice in r-,., uar.v If was decided (o trv Ihe ,aisi,i.' of c^tlisl i, . , ' back of the Assistant Superintenden,'^ ho,,^^,^,,^^^, '"',;«;' '"'"'I catties were shipped f,-on, To,resdale hatchery .nd.V.inr 1 '"""l' The water being cloudy n,ost of the tn,ei\;°i^,^; ,,",•' ";""'• very close watch on their n,ove„,ents, but it wlls foirn^^.^K.^.l'.'.se ':;'' d4 KEPORT OF THE Off. Doe animation that some of them were working. We did not find any of sma^l fish^nH °' i'"' r/'"^"'^ '''''' '^^'^''^ «^^ -^' two schools tiL ? • ?• ^""^ ^^^"^ ^^^^"^ "^"^ '^"^^ ^^^"^t^<^ ^^'^ '^«<5 enough to fill the applications on hand. ^ In the midst of our shipping and ar a time when every man at the station had al he could do to keep ahead of his work, there a e upon us one ot the worst cloud bursts that has ever been known in this community and this station suffered from loss as a result of the storm more than any one else in the vicinity. The spring run wh Ih crosses the grounds about 300 feet back of the hatchei/over wh • hPwn?* ^T ^f ^"^^* '^' foundation of which was used to da the water back making a pond to furnish water power for cutting our feed, IS the course by which all surface water for a mile or mofe u, the mountain IS carried into Logan Branch, entering the Branch %s below where the meat house stood. It can readily be seen that we were sure to get the full force of the flood, being\he last place it struck before entering the larger stream. The rain started in the evening and continued, one storm following another m quick succession, nearly all night until with a mighty rush cour^ in^flThfr"" *^' T^^^^r t'^"«w'»g tJ^e pike in itt natural course until it had increased in volume to the extent that the road was overflowed aiid everything that was not absolutely solid was c^rS along with It A great quantity of logs, boards and other refuse be came entangled at the bridge which crosses the run just below tl.e Ross spring making a dam which caused most of the trouble and dam- age that was done to the hatchery ponds and grounds When this^ dam was formed the water became backed up until it overflowed the roa^ on both sides of the bridge and spread out until 1 had reached the large gate entering the hatchery grounds about three hundred feet from the bridge, the water being nearly a foot deep over the whole expanse. The ground on the hatchery property gradually slopes to the north from Iho large gate whi.h 'carried all the water toward the back of the hatching house fl i^" the ponds back of the hatchery, 11 in number, were filled with fish and the result was when that great volume of water came down and passed over them fully one foot above the tops of the highest walls there was much damag(^ Three small pieces when it was set umm the new walls that have been built for it The lower end wall of a small pond near the Dale line, together with a dam made across the run to supply the pond with water, were washed out and utterly ruined and many things like shades and him- ber were washed away. The wire fence along the west side of X fliTf nnH^ r""' ^ torn down and the wire and posts deposited in the field and along the railroad track for some distance. Brook trout were so plentiful in Logan Branch after the storm that a woman 1 vS »g No. 22. DEPAUTMENT OF FISHERIES. 65 ?nnn^ the stream in dipping up a pail of water for use in the house I"rfnoLeda?oK^ contained a fine specimen, and ducks trrt^hat they^d ca^^^^^^^ "^'"^^ "^^^^^^ ^^ ''''' -^ ^--^"^ the .J^if* fi^^h were plentiful was further demonstrated by the fact that Be lefo" ^arlv':: v'^^TT ^T' "" '"'''^'^ irom'the sfation to oeiieionte as early as 6 o clock m the morning of the first ilav i.f m.on season and nearly all reported good catches ^ '^ ° . Just as soon as it was possible to take up the work of rei.airin.r ,i„. damage done by the storm, it was done, but there wariishwShnt claimed our attention for some time According to the prearranged plan of trying to raise some silver si.l^ salmon (Oncorhynchus Kisutch) here, a messenger was dism tched to « ayne County Hatchery to get the flsh which had been Imk'hed there from eggs obtained from the United States Kureau of FKheries it was understood that we were to have about 10,0(10 of these flshio ex penment with. The fish were in the sac stage when the^ were deHv' ered with the messenger and consequently they did not cSrv aslell n<; hey would had they been a little older. Ho^4ver tlfe ma iorUv o? them came through all right and were put out in Uo ro""h°7^-\lw house. Being hatched from wild fish eggs the frv weie verv wHd and easily frightened. They were covered up and no aUowed .m^h igl t and It was a very short time before they began to feed The teedmg was done under the covers all the time and irseen,Sim.!os sible to give them loo much. As soon as they were an inch m,l T nff long they were put into one of the l:t nursery ponds in °he lower i.' v and have been do ng very well ever since I n,, \...f7> ;.. • '""*' ""^ more than five flslfhavi diedrth:rp,.nIrZ:'irre^t A second lot of (he same kind of fish were brought down frmu( he \Vayne hatchery in July, making a to(al on hand of abouT 10 (»0 0 « en developed Sliver side salmon. If they will do as wel n the veir to come as they have this year, you can look for a g.»«l f.ke of "inhn,!,? eggs at this station in a short time '^ '" " After the large ponds had been cleaned and various other necessarv work around (he s ation had been d.me, the new w,.rk was ?a^en u n fhe repairing of the meat hou.se was the Hrs( consideration and s soon .IS he house could be jacked uj, and rolled olf tI,o oUl f undation one of the cement walls that had been undermine.! and t Zed w-is s raightened and (he other torn out and new ones built as the first anoiner set ot eight foot splash boards to provide amnle snace f,,.- the water in case of Hood. In order to provide a .space suXenN- wide to carry off the water at flood lide a gr.'at deal of di^in Vnd scraping was necessary below (he house and » wall w,;s 1 uift efteSdi from the south foundati.m wall of (he meat house wes^ mva rds e railroad track to make it possible (o grade (he ground there We had always been handica])ed in ciittln" our ii'oit on li-,.,.,,,.. r (he small flow of water, wlu-re ihe hous,. «^^Zw'^,J'^Tl':- sugg^ted that the house be moved down s(rL(> ai ou 10 feet wl , h would enable us to get not only the water that we were gett no. bn the water that was used in the hatchcrv and p.mds After II i over the situation it was decided that the move would l.e a .o d , i and forever settle the question of lack of water and the k^sU lit; f another washout as the foundations could be built twi feet iVighe, 5—22—1908 )e 66 liEPOIlT OF THE Oil". Doc. ^Z TbtoZ^J" '"^'^^'"^ **° ""* "o ''ig"^'- «'«« ground level By means of tM^hriZ^ i.^ '>een badlj- needed here for some time. feet widp A wall inn r ^ ,""^^ ,^" i"*^ ^ves,t side oi the house eitrhl wis run pa^alTe) vkL ht !v,^ ^"^ 'T"" ^"'^^ "'s'' ""1 1" i"cl.es rliid wall from the foundat?onTMf "T^' """' ""'-' *" ""** ""^ •^^''"^^ square feet oftuSLe?ht can l^'fiSfiTaLr^o ^'.an was done and the side wnll« tl • ®" '°*° *''« ''^'^t P«nd. This feet wide bv 85 feet l^ng wWch ^4"V°r'""> " """^ '"''ge P^nd 26 put into commission ^ " '■'^•''"^'' ""* '*'»'J immediately grJu'^of'^lctV^onytcl'^of ;,!'T r'^" ""'''^ '-"'"-'I '->"- "- opener; i^cS ^ff'^^'^'^w^teTf ^'^^ *"<= -*- ^'•^'^ »' *-« ery. The south wall of the nonr n .1 i'"' 'T''' '^"'^ f'"' '"^t*''- race, the two walls settLfabont si vw'"'' f' the other side of the and splash boards and ™s n .,- ^ ''^''" '''^ '"'"' grooves fish at any time '^^^^ "^'^ "^'""^ *" "^e it for holding on^at^nt o^lL''SrVhad°;^"'r^'" ".•""''°« ^"^^ P-ds dams and ditches it was nos^bte tlZ t^^'''*''' ""* "^^ '»«"°« «f built in very eood sh^no ^^,S,^^}" Set the forms set and the walls 25 feet wWe !nd ,w7be ^^ZT ■T'^' r' "'"'^ ^^ ^^^t '""g bv immediately back of he hS .y Jnt • ""f^"" ^'■'"" "'« t^" P«nds with spring wa er Afost nf 7^5 f"^^ ^'^'^ """■« P<«ds supplied with w-ater^fnu. the r."ce Jr>^iJ.Z^T ""^ «■■""""« '-"e ^uPpHed addition of these pondTwiiT,, f 'If ''^•'"f*/'^ ^'"-' y*"'-"' '«d the always be clear "''^ ^'""" ""*^'""' "' ♦«''' which will the first pond of t^^ group to see ff hoHet" ""'^f "" experiment .if tained by dividing the ," nd IZrl ^f*''^'-^^"^*^ --ould not be ob- b.ng,with a cement w:,at"e'„e"f\i;;r,^ '''''' "•^- "^ '^^ wh^a-r w-frsSLt^^^^^^ 1^^ - r "'^ -' and si)lash board in the centre of tl, "i, , V *^ ""^ "PP*"' «»d possible for the current, flow tr,!i ''"'' "'"''' ^^"' "'«k<' it The results of thesf ex periments^Wi^ T ''f T "' *'"^ '"''"'• .vear's report as they wUI no b" used ,ntir.°.^' ''T''^'"^ '" ■'«^' are put out. Tlie total n,md Ln«M.t,!. ■ A •^''* ^<'"'"*' ''^°<^'' "f f"' Kight nursery ponds "^4 fe^t ^W^ IvVr' f ■?7 '^ "^ f"""^^*' ^ ' a nest of 35 nursJry pondt IntCtJl Intc^en 1*? ""f "« '" "" below the hatchery 25 feet wide h • ?( . fll T ' !?" ''"■8*' P'^ds west of the hatchery 26l^t w de l y s^ \Z\ ' *"• * "\ '■'"•?'' Poixl in the nursery pond making t^noon;1«f ,/ '""g.j'nd the partition a toal of 13 iiU added to^w.^t'Lre a, :":,/! J^t""' "', '"*'* '""«• a. grand total of C2 ponds, all filled wi^'fii^^^.o^f'''™''"- ""''''"? fix of the groui) made last yen \T. Ll^ ' , '"^ "<*'*' ""^^ and ing was fim-shed tl e work of tt lin'^'m In^""''"''" "'^''' ^''^ '""'d- carried until it beca„"e n C'a^y^ / , 1?'? ''in*'' T^ '""""^'ed and in full tinieforall Iwmds on tl7o,^, ",it ,'1.:'?^ T""^ •"""' "^"^ year much earlier than usnal '"""" "' *•=«« "'"ch .ame on this 68 REPORT OF THK Off. Doc. Each year the fish at this station seem to begin spawning a few days earlier Last season they commenced spawLng on the 15th of October, while this season opened on the 12th of October One rine female spawned on the 5th of September, 1908. One pecnlia? th7nff which was noticed this year was the fact that the fish after thf spawning season was once well started, would ripen up over night and If the eggs were not taken the next day thev would d^nn^it /hn^m m the pond which made the collection much harii, bl ^^^^^^^^^^^ and the fish as the whole stock had to be gcme over each day This was especially so among the three and four year olds When we^ot be L d^nZfnfL^^'n T '"""' ^^^ ^^.^ -«^-"-^' methods cou^d +L G? / nd year that they should spawn there is a large per cent 1 an l^iHi::'^"" ^'"n""'' 'T '^^' «'' ''' '^'''' "«^ booking for mor '. than 100,000 eggs. The total stock of fish on hand to date is a f< I 6,000 9,000 15,000 15,000 2,500 10,000 600 50 500 3 58,653 Four year old brook trout, Three year old brook trout, Two year old brook trout, One year old brook trout, Rainbow trout all ages, .;;;;; Silver side salmon, ' , Gold fish, all ages, Catfish, adults, Catfish, fingerlings, Atlantic salmon, adults, Total fish on hand, Recommendations. The most important recommendation for this vear's improvement is the large pond to be built east of the hatchery^for homfng alHar^e fish This IS a very important improvement and should be put fn ? e^Tt MnHilMctt: f '1 T' '' "^" ^^ ^ ^^^^ succeS^an" had last Sg "' ' ^'"'"'"'^"^ '"^ '^'' ^' ' '"'^^y ^-^^ like we The Superintendent's cottage is badly in need of n n«w ^ p «^ old one leak, badly and itl very ne^e sar" that a celUr w"l b^ bmlt under the house used by the Assistant " Superintendent Th^ hatchery should have another .oat of paint next spHng as ?n mLy DEI'ABTMENT OP PISHEKIKS. No. 22. at'^d^y^nLte^ t a^^l^h^ ^^^ ^^^ "^ ^« ^^^^ -- ^ence^! be repaired soon or wHl ut oH^ I'T'^^^ '^.^ '^^ '''' ^^^'^ »^^«t badly needed thLs yea!- a7so ' '"^"^P""- ^ '^^^^ ''' ^^^^^ ^^ This report is respectfully submitted. H. M. BULLER, Superintendent. BELLEFONTE HATCHERY, STATION NO. 3. Fish, etc., Distributed from December 1, 1907, to November 30, 1 feet wide and .'5 feet deep ; two, 30 feet long 6 feet wide, 3 feet deep; one, 20 feet Umg, 10 feet wide, 2 feet deep, be- sides constructing a concrete spawning race 50 feet long, 4 feet wide, this is in connection with the large tnmt pool. Also i)ut in 150 feet of concrete retaining walls on both sides of the LackawaxMi Creek, raised the spring walls 14 inches and built the c(uicrete reservoir at the northwest corner of the spring. The reservoir is 5 feet long, 5 feet wide and will l>e when completed 11 feet deep; at its i)resent stage it is 5 feet deej). It receives the water through an under- ground pipe line from the main reservoir, which is now imder con- struction. The water from this reservoir can be tapped and used in any part of the building for any purp<>so, indejjendent of the spring 72 REPORT OF THE Off. Doc. water. It will also teed the new battery when that is completed. We have the ground removed for the new building ready to put in the balance of the new floor. The building then when completed will be SO feet long by 70 feet wide. On account of the employes of the hatchery assisting in the field work we could not accomplish more improvements, besides on account of the great drought we prac- tically had one man kept busy looking after the Avater supplies, and as the forest fires were raging for weeks, in order to save the property from destruction by fire, required a great deal of time and labor. On account of the great and prolonged drought throughout this section all streams with the exception of the Lackawaxen, the Dyberry, and the Lackawanna were entirely dried up. All tributaries to these streams were completely dry causing the loss of all the trout and it will re- quire the greatest care in planting the fish to get them back to their original state. Besides the work accomplished by the employes of the hatchery there has been an attractive feature added to this place, namely, the constructicm of the macadamized State road from the village of Pleasant Mount through the hatchery grounds to within about 300 feet of the hatching house which adds greatly to the ap- pearance of the grounds. Rainbow Trout. There still remains at this plant about 1,000 large adult rainbow trout four years old. As our water supply here for trout, you are aware, is very limited, I suggested to you early in the spring to trans- fer these trout to the Bellefonte hatchery, which will allow^ more space to devote to brook trout. The eggs from these trout last season was about 300,000. They are now spawning, this being the month of December, and by all appearances the take will be much smaller this year than last, there being an extraordinary large number of sterile fish and the females that are producing eggs only produce a small number. I have counted the eggs from females \\'eighing two pounds to be but 150 eggs from a single fish. Silver Side Salmon. During the month of January I received a consignment of 100,000 silver side sahium eggs from the United States Bureau of Fisheries' Hatchery, State of Washington. They arrived after a seven days journey in very tine conditicm, every egg perfect. Under your in- structions I held the fry until the month of April, when they were deposited in various tributaries of the Delaware river with the ex- ception of 10,000 which were forwarded to the liellefonte Hatchery and 5,000 which I retained here and have at the i)resent time. They were very ravenous feeders and were kept in the pond at a tempera- ture of 65 to 70 degrees Fahrenheit. Acting under your instructions 1 have given particular attenticm to the cultivation of bullheads, it being your policy to extend the work of rearing what are called the conunoner lislies, hitherto neg- lected. The results have been very gratifying. One pond is 125 feet long by 40 feet wide varying in depth from 18 inches to 5 feet is devoted to bulheads and from it this year there were distributed 72,- (100 one year old. varying in length from 3 to (> inches, 41,000 ad No. 22. DEPARTMENT OF FISHERIES. 72 \ vanced fry at the age of two months and have remaining to distribute one year old about 20,000. There is a parent stock of fish of 200. Pickerel. The success in the hatching of pickerel was very gratifying. Com- paring my table of output, you will find the output larger this year than previous years. The eggs for this work were all gathered by the field force. In former years on account of the small supply of water that must be circulated through the jars in order that the eggs do not overflow the top we had more or less eggs to smother just before the hatching period, but through some new ideas gained by observation, avoided this trouble this year by placing men to attend to the jars constantly day and night, and by taking hold of the glass tubes that supplies the water through the jars and operating it in a circular manner caused a more frequent circulation of the water through the string of eggs and at the same time placing them in a different position. There is no question but what the propagation of pickerel artificially has been very beneficial to our lakes throughout this section. I know by reports and also by observation that the pickerel caught are a greater number and of a better size, due in a great measure to the infusion of new blood which is possible by gathering the eggs from so many different lakes. There are no adult pickerel kei)t in the ponds at the hatchery, as by past experience it has been found impossible to hold pickerel in small ponds for the reason that the pickerel must obtain its food alive. Lake Trout. You had forwarded to me from the Union City Hatchery 50,000 lake trout eggs, which were duly hatched. These fish were planted in various lakes throughout this secti(m and we have reports of (piite a few lake trout being caught in the different lakes, and 1 suppose that the catch would still be greater would more of the fishermen fish specially for them. Frogs and Tadpoles. • The building of the new State highway into the hatchery grounds and our extension of the driveways destroyed the space forinerly used for the propagation of frogs at this place.' By the efforts of the field force we were able to fill all applications on file here for tadpoles and frogs and it will be necessary to continue doing this until such a time that we will be able to construct new yards. Sunfish. A number of adult fish of the blue gilled species forwarded to the plant from Lake Erie. These fish arrived very late in the season and at first I had feared they had already spawned but about ten days after placing them in the ponds I found they were building nests and the hatch was very satisfactory. Out of the 100 fish that were sent here T counted 30 nests, but was unable to send these fish out this Fall. 74 UEl'OilT OF THiiJ Yellow Perch. Olf Doc. Ko. 22. DEPARTMENT OF FISHERIES. 75 It was in the year of 1905 that we first took up the hatching of yellow perch at this station, and from that time on I have given this matter very careful consideration. By the increased percentage of fish hatched our work shows that we are making and learning im- provements each year, not only in the hatching of the eggs but in the planting of the fry. We have had occular demonstration that the perch planted in the fry state is i>roductive of good results. Rock i»ass. Owing to the lack of time and available space I did not put foiili much effort in the rearing of rock bass, having onlv one small pond for that purpose. The results were when the pcmd was drawn off tliis fall in the month of October, 3,000 bass from one to one and a hall- inches in length. Small Mouih Bass. During the early spawning season had about 75 adult bass in (he breeding pond and most all the bass shipped from this staticm were from field operation carried on by the regular field force. It was im- posible for me to keep a separate record of what came from the field and what were taken from the hatchery ponds. During the latter part of July I received a consignment of 75 adult bass'^from Lak(^ Erie; four days after placing them in the pcmds they commenced to build nests and deposit their eggs, as this was exceedingly late in the season and the waters throughout the different lakes had become so low and stagnant I concluded it would be a poor policy to remove and plant the fish under such conditions, so I will not be able to know how sucessful this late spawning was until I draw off the pond in the spring of the year. Wail-Eyed Pike. There was forwarded to this staticm from the Erie Hatchei'y several cases of wall-eyed pike eggs and as in previous years thev were hatched and planted in the Susquehanna and Delaware rivers. Recommendations. In concluding my report I desire to make the few recommendations for your consideration. That an effort be made to secure a special appropriation of money to finish the contemi)lated work at the hatch- ery namely: The finishing of the hatching houses, the building of an ice house and tool and repair shop and i)ower plant, the completion of the ponds necessary to carry on our work sncessfullv, the grading and arranging of the yard surrounding the dwelling hoiVse of the sup- erintendent, the erection of a hydraulic ram to pump water into the dwelling house and stock barn, and the completion of the walls border ing the Lackawaxen. The output for the year commencing Deiember 1, 1007, and endintr November 30, 1908, follows: ^ The above is respectfully submitted, N. R. BULLER, Superintendent. FISH, ETC., DISTRIBUTED FROM DECEMBER 1, 1907, TO NOVEMBER :?0, 1908. Pickerel. Pike county, 1,900,000 Northampton county, 2,000,000 Lycoming county, 8,500,000 Columbia county, 1,450,000 Susquehanna county, 1,400,000 Bradford county, 1,000,000 Northumberland county, 1,200,000 Montour county, 1,000,000 Tioga county, 1,900,000 Schuylkill county, 1,000,000 Lehigh county, 1,350,000 Luzerne county, 10,500,000 Centre county, 2,750,000 Carbon county, 5,350,000 Wyoming county, 3,750 00 Monroe county, 10.850,000 Lackawanna c(mnty, 21,050,000 Union county, . . .\ 1,250^000 Snyder county, 1,250,000 Wayne county 47,100,000 Total 127J50,000 Silver Side Salmon. Distributed in tributaries of Delaware River, 90,000 advanced fry. Rainbow Tnmt, Advanced Fry. Carbon county, 20,000 Tadpoles and Frogs. Northumberland county, 17,000 Luzerne county, 13,000 Berks county, 6,000 Wyoming county 3,000 Pike county, 5,000 Philadelphia county 5,000 Cambria county, 4,000 Wayne county, 4,000 Perry county, 21,000 Juniata county, 9,000 Huntingdcm county 19,000 V(>rk county 128,000 U * 7« REPORT OF THE Off. Doc. Dauphin county, 2,000 Columbia county, 4 qoo Union county, * ..'.'.'.'.'.'.'.'.'.'. 26^000 Snyder county, 8,000 Lycoming county, 2,000 Bradford county, 4 qoo Carbon county, 2^000 Lackawanna county, XO 000 Adams county, '..'.'.'.'.'.'.'.'.'.'. SMO Elk county, 1 000 Montour county, 5 qqo Lehigh county, .....'....'.'.'.'.'.['. 4^000 Susquehanna county, § OOq Schuylkill county, 23000 Chester county, 1g|oOO Cumberland county, o 000 Northampton county, 3000 Indiana county 3000 Centre county; .....'.'.'.'.'.'.'.'.'.['.[ 28,000 '^'o^al, 388,000 Brook Trout, Advanced Fry. Erie county, 24,000 Bradford county, 82 000 Monroe county,' ........'..'.'.'.'.'. 4o'oOO Sullivan county, 12,000 Pike county, 8^000 Lackawanna county, 122 000 Carbon county, '.'.'.'.'.'.['.'.['.'.'. 181,000 Luzerne county, 130,000 Susquehanna county, 150 000 Wayne county, ...! '..'.'.'.'.'.'.'. 7o!oOO Wyoming county, 70 000 Lehigh county, 34000 Northampton county, 19g ooo Bucks county, :...'.'.'.'.'.'.[ 8^000 "^ota^ 1,127,000 Brook Tront, Fingerlings No. 2. Wayne county, 25,000 Yellow Perch. Wyoming county, 3,700,000 Carbon county, 2,250,000 Columbia county 500,000 Lehigh county, 1,200,000 Bradford county, 1,400,000 Monroe county 1,300,000 Luzerne county, ; 1,750,000 No. 22. DEPARTNFENT OF FISHERIES. 77 Lycoming county, 500,000 Susquehanna county. 24,600,000 Schuylkill county, 550,000 Tioga county, 2,700,000 Lackawanna county, 12,650,000 Union county, 600,000 Montour county, 1,750,000 Snyder county, 450,000 Northumberland county 1,550,000 Wayne county, 22,900,'oOO 'A'^tal, 80,350,000 Yellow Perch, Fingerlings No. 2. Wayne county, e^qOO Small Mouth Black Bass, Advanced Fiy. Carbon county, 32,000 Monroe county, 26,000 Lebanon county, 7,000 Wayne county, 52^,000 Lackawanna county, 4,000 Northampton county, 6,000 Susquehanna county, 15,000 Luzerne county, . . .' 33,000 Montour county, 7,000 Wyoming county, 42,000 Lehigh county, 4,000 Berks county, 8,000 Bradford county 11,000 Pike county, .* 17,000 Total, 264,000 Lake Trout, Advanced Fry. Wayne county, 15,000 Sullivan county 10,000 Luzerne county 20,000 Total, 45,000 Wall-Eyed Pike. Union county 350,000 Susquehanna county 2,050,000 Columbia county, 1,250,000 Northumberland county 375,000 Wyoming county 550,000 Monroe county, 1,500,000 78 IlEPOIiT OF TIIR Luzerne county ^"' ^"'• ^oithampton countj, 1,250,000 „. , , 750,000 Total, : ^75^000 BulJheadH and Catfish, Advanced Fry >vajne county, Susquehanna' county, *^0 000 Lackawanna county, lo'ooo Total, [[[['' !^ _ JW,00{) H„lll.eads and Cafflsl,, One Year Old Wayne eounfv, "'^""'pg f-^untj, •.■.■.■.■.■:::;.■:; :mruft(\it wai;-ey«i Pike, .:::;:::::;:::: "Sot S" tr ""' .^'l!''^"' ••••■•"■•■.".■ : : : ; ; : : ; : : : : : ; 'iHZ Total ■ f^"i' 219,759,000 No. 22. DEPAKTMENT OF FISHERIES. 79 TORRESDALE HATCHEKY, STATION No. 5. Report of Jeri-v I{. Herkhous. Superintendent. Hon. W. E. Meehan : Sir: I take pleasure in presentiuj^ inv lliird annual reijort as superintendent of the Torresdale Jlatchery. Owing to the fact of the progress of the Department of Fisheries of 1 Pennsylvania, there being a new hatchery located at Conneaut Lake, which was put in operation last fall there was no overplus of white fish and lake herring eggs for the Torresdale Hatchery which acts as an auxilary hatchery for those two varieties of lake lish. On account of not receiving any overplus eggs from Lake Erie it left the hatchery idle thnmgh the winter mcmths so far as hatching was concerned, which was a grear disappointment to me. Yellow Perch. With the unusually early spring and the water temperature about forty degrees, the yellow perch commenced spawning on April 1st. I gathered on that day three strings of eggs which measured one (piart. The following day I gathered six strings which measured three(iuarts. The small fish continued to spawn for about a week before the large fish started spawning. One day I gathered a hundred and twenty strings of eggs whicli measured a hundred and seventy-niue quarts. On one occasion the length of a striug-of eggs which 1 mensured was eleven feet and six inches. The sj.awniug time lasted uutil A])ril 24th. The eggs were all i)laccHl in hatching jars and hatched with \ery small loss. Following your directi(i <|U!'i'(s of pickerel eggs. With the water teuiperature at 4G de- >0. SJ. ■f. y. in:i'Aitr.Mi:\T oi" risiii:i{ii:s. TORRHShAU: ilATr('s«'iniiin \\\\ iliird aimual i(»jm»i-i as siiporink'iHlont of tlie 'JNirresdalt' llairlici-y. Owiii^i !o llie fact of llw i>i'o^rt*ss of ilic Dciiailiiiciii (if IMslH'ri('s ul Pi'iiiisx Ivania, tlicic beiii*; a new liaiclK'rv located al (Joiincanl Lake, M'liicli was pill ill ojioialioii l:isi fall tlierc was no ovi' eu^s which 1 njeasnred was eleven feel ami six inches. The spaw iiini; time lasted until A]n-il 24th. The eiius were all jdaccMl in hatchiuii jai-s and hatched with M'ly small loss, {'oiiowinji' your direct i<'ns i plael ler condit ion than they were the ycai- hefore foi' the r<'asnu \\\\\\ ;\ messenger accompanied ea-li •^liipmeni and the,\ were not allowed lo l.c Icti aloue joi- (aie minute. .\|U'il 111. I received » • • 0 iU:'i-is mI" pickei-cl e.erch eggs in the house and I was unable to give my entire attention to the shad work on the rivei- as I should have liked to. As soon as these eggs were hatched there was no time lost m shipping the fry and then the field work of gathering shad spawn was begun in earnest. Men were placed along the river from Glouces- ter to Trenton and wherever there were any shad eggs heard of which were not being saved there was a man sent to investigate. With the water temperature averaging from 40 to 50 degrees the eggs came in fast and looked very good. The weather was nice and the catch of shad was very large, in fact larger than the previous year. The fisher- men all felt encouraged and l(K>ke(l for a better season than they had had in a number of years. The gill-netter averaged from 50 to 80 shad in a drift, in fact the river seemed full of shad. About the middle of April there came lu^avy rains and the temperature of the water lowered several degrees. The water got muddy and the shad became scarce. The muddy water continued and the shad became scarcer until at last lots of the gillnet fishermen would make a drift and not get a single shad, and if they got ten to twenty shad in one night they were doing well. In the whole there were liot more than one-half as many shad ring and the shad came into the river to deposit their spawn. 2d: I was better acipiainted with the fishermen and their ways of fishing and new better the liabitsu «f Mi« shad and the best places to look for their spawn. 3d: The fishermen aie beginning (o realize the neces^sitv of tlwir helping ihe Department tn pro])agate shad. Appreciating the unmis takable benefits of the artificial pro].agntion carried on bv the State No. 22. DKPAKTMENT OF FISHEKIKS. 81 they take more interest in the work, and many who would take no pains to save eggs before have opened their eyes and are careful to save all the spawn they can get. On different occasions they have had ripe roe shad, but no ripe male, and have gone two or three miles in an effort to find another fisher- man having ripe males so that the eggs co»ld be taken and saved. 4th : About one roe shad out of every ten caught was ripe whereas the year before there was only about one roe shad out of a hundred caught from which eggs could be taken. 1 made the live car ac- cording to your order for the purpose of penning shad to hold until ripe so that the eggs can be taken; but owing to the scarcity of shad the latter part of the season I was unable to secure the adult fish for the car. I have this car stored away and would strongly recommend the continuatitm of the experiment another year. Bass. The bass which I had in the pond were mostly large mouth so 1 did not make any nests for them but watched them very closely at spawn- ing time and kept the adult fish fed very well, in fact gave them all the live minnows they would eat. On account of the darkness of the water in the pond I could not see the young fish very well, but by continuing to keep the adult fish fed very well' I left the y(mng fish in the pond until they were about one inch in length. By this time the various schools of young fish had all galherd into one large school and were very easily caught by means of a minnow net. Of these I shipped 27,000. I also received oO,000 small mouth fry from field work in Wayne county. These were all sliipi>eeriment still furl her next spring. Beside my outjuit of goldfish this year I wish to thank Mr. John Fowler through you for about :{,()()0 young fish which I have in a small fry i)()nd to carry through the winter. I had a total of about :m) tripple tail or fancy Japanese fish which were hatched licT-e in the s])ring.. Terrapin. Following out ycmr direction I secured about two dozen red legged terrapin through the suijcrintendent of field work, Mr. Charles H. Nesley. I made a pond for them and watched them very closely but am Sony to say that the exixM-iment with terrapin was' a failure this year as 1 did not i^i^i any young, but would like tu continue the work ;;nntli('r yea i- as I feci snre that it ran be carried on success- fnlly at this hatcherv. ^■o. 22. DEPARTMENT OF FJSHEUIES. Improvements. 83 The sunfish pond was completed last winter by the House of Correction labor. The size of this jjond is about eighty feet wide and two hundred feet long. The large fry p(md at the upper end of the grounds has been deepened about one foot and the bottom of the pond graveled which nudvcs it a much more appropriate pond for fry. The work of grading and filling in low places continued through the cold weather, also the cutting (.f brush. As soon as the spring opened, with your permission 1 toie uj> the thrcx-inch intake pipe leading fr<>m the yellow perch jiond to the pumps and replaced it with a four-inch pipe. The three-inch pipe did not draw sufficient water to run both batteries full capacity, but I have found that the four-inch intake jupe draws plenty of water for the two batteries as they were both running at full capacity this spring for over one month. At the entrance on Linden Avenue, the extreme upper end of the grounds, I made a fry pond about twenty feet wide and fifty feet long. This pond was used for catfish fry! Opposite the upper end of this pond a concrete dam was built across the pe to the water iH\gi^ with fine sand. On account of the cold weather the frost got under the wooden trunk leading from the goldfish pond to the catfish pond causing a very bad leak. I (ore out the wooden trunk and replaced it with a foui-inch inm pii)e with a valve at the centre. From this j.ipe I ran an inch pipe into each of the fry ponds between the goldfish and catfish ponds. By this method there is no possible chance for a leak through the outlet. There were three new c(mcrele fry jMmds built east of the hatching house which are each fourteen feet wide by thirty feet long. These ponds will be used mostly for young guild lish on ac- count of having jmt in c(mcrete l)ottoms in order to hold watei-. the soil being verv sand v. cr» «. ft On finishing the fry ponds I started (m th<' hatching hous<'. first by tearing out the old wooden fi(M.i- which was in wvy bad shape and then putting a cimcrete wall under the building whit at extremely low tide. H will have to be taken in during the winter (m account of it not being heavy enough to stand the ice in the river. Although tliere are manv improvements to be made at the Torresdale Hatchei'v I am glad t'o say that I think the hatchery to be in fairly good condition. I am glad to again have the opportunity of thanking you for vour suggestions and courtesies. The output of fish from December 1 1997, to November 30, 1908, is herewith attached. Respectfully, J. K. BERKHOUS, Superintendent. No. 22. DEPARTMENT OF FISHERIES. Pike Perch Fry. Adams countr, Bedford county, Berks county, Blair county, Cumberland county Dauphin county, ! . ! ! Huntingdon county, * i^ancaster county Lebanon county, Miffiin county, Perry county, York county, [ Planted in the Delaware Kiver by Department of Fisheries, Total Small Mouth Bass, Advanced Fry. Berks county, Chester county, Lancaster county, Lebanon county, Montgomery county, Total Large Mouth B}is,s, Fiugerllngs. Berks county Bucks county Delaware county, Planted in Delaware Kiver by the Department Total (loldfisii, Fingerliugs. Erie Hatcherv Philadelphia Police and Fire Depaitment I'hiladelphia Electrical Bureau, Philadelphia Charitable Homes and Hospitals Philadelphia Schools, t Voi-k S 400 200 1.700 (>00 3,900 Shad Fry. Plantetl by the New Jursey Fi«h Commission in the Delaware River $,676,000 80 UEPOUT OF TIIK Vol low IVrcli F'rv. Adams coiintv, Bedford county, Berks county, Blair county, Bucks county, Cambria countv, Chester county, Cumberland countv Dauphin county, Delaware county, Franklin countv, Fulton county, Huntingdon county Lancaster count v, Lebanon county, Lehigh county, MilTlin county Montgomery county Philadelphia c(tunty York county, Planted by New Jersey Fish Comuiissimi iu Dcla ware T^iver, Planted by the Depart ment in Lake Erie Planted by De|)artmeHl in Dcbiwarc River Total Chain Pickerel Frv. Bedford county, liciks county Blair countv Bucks countv, Chester countv, Cumberland county Dauphin county Franklin county, Fulton countv, Huntingdon lounty Juniata county l^ancaster countv, Lebanon c(amty Milllin countv, Montgomery county, Perry county, York countv, Planted in Delaware Biver by the Department Total Off. Doc. 125,00(1 l,r)25,(M)0 2,875,000 2,:J75,000 4.:{75,000 500,000 5,000,000 ::, 125,000 :i75,0(Mi 500,000 1,000,000 :}75,ooo 2,;{75,000 t;25,0(M» (125,00(1 125,000 150,000 2,000,000 750.000 1,125,000 10,125,000 5,000,000 1,125,000 40,275,000 528,480 :»,,.52:t.2(M) 5.108,(140 2.11:1,1120 ::,52:{.20o l7(;,l(;o 170,100 704,040 880,800 7,574,880 170.1(;o 1,4(H),280 5,0:17, 12(1 704,040 880,800 170,100 1,050,000 9,088,800 44,040,000 No. 22. DEPARTMENT OF FISHERIES. Tadpoles. Berks county, Bucks county, Chester county, Delaware county, Franklin county, Lancaster county, Montgomery county, York county, Total, Catfish Fingerlings. Adams county, Berks county, Bucks county, Chester county, Cumberland countv, Delaware county, Juniata countv, Lancaster county, Lebanon county, Mitliin countv, Montgomerv countv, Philadel]>hia county, Schuylkill c(mnty, York county I^ellefonte Hatcherv, Corry Hatchery, Total Sun fish Fingerlings. Berks county, Bucks county Chester county, Cumberland county, D{iuj)hin county, F )elaware county, Huntingdon county, Lancaster county, , Lebanon ccmnty Lehigh ccmnty, Miltlin countv, Montgomery county Northumberland county, Perrv countv Philadelj»hia county Schuvlkill countv York county Total 87 12,500 4,500 4,000 1,000 7,000 12,500 8,000 65,000 114,500 2,000 32,000 14,000 12,000 4,000 4,000 2,000 4,000 10,000 4,000 2,000 :U,00() 2,000 12,000 500 1,500 138,000 :»>5,500 25,500 22,500 22,000 15,500 4,500 1,000 5,500 11,000 0,000 3,000 12,000 12,500 2,000 1,500 2,000 9,000 191,000 88 REPOKT OF THR Off. Doc. Summary. Pike Perch Fry, .... 8,700,000 Small Mouth Bass, Advanced Fry, 30 000 n^T^ ^"""^^ ^^'^' Fingerlings, ',,',',,', 23,'500 au^^S"' ^'""Serhngs, 3 90o Yellow Perch Fry, 46275 000 Cham Pickerel Fry, 44 040 000 Tadpoles, 114 500 Catfish Fingerlings, 138000 Sunfish Fingerlings .........'.'.['. 191^000 "^^^^^^ 109,191,900 ^o. 22. DEPARTAIENT OF FISHERIES. 89 ERIE AUXILIARY HATCHERY, STATION NO. 6. Report of A. (i. BuUer, Superintendent. Hon. W. E. Meehan: ~ " ' Sir:— I beg to submit the following as uiv report from December 1, 1907, to November 30, 1908: This station received from the field at Dunkirk, N. Y., 232,000 lake trout eggs last December and 500,000 eyed eggs from the United States Bureau of Fisheries, Northville Station, Michigan, in Jan- uary. March 19 the eggs began to hatch. On and by the latter part of April all the fry were planted in Lake Erie. The battery system was not installed at this time, and as I was anxious to have the output of fish from this station increased I used the trout trays for hatching yellow perch and chain pickerel eggs. This means a lot of work as it was necessary to feather the eggs on the trays almost continuously. There were 25,820,000 yellow perch and pickerel eggs hatched in this way. Of this number 5,100,000 eggs were col- lected from the perch pond on the grounds, the remainder were re- ceived from the field force stationed in Wayne countv. Heretofore yellow perch and pickerel eggs have always been carried by our men m cans with water, but this year part were shipped on trays in cases, and the latter arrived in better condition than those shipped by the former method. During the spring a large number of adult yellow perch were brought from the field force in Lake Erie for our brood ponds so that a large take of eggs may be looked for next spring. Shipping began on the 11th of May, some days making as many as four ship- ments. It was pleasing to note the interest shown in the work by the people of I 'Uion City. Many who had not before visited the hatchery expressed their astonishment at the amount of work that was being done in such a short time. Black bass work began May 27th and is regarded by all hands on this station as intensely interesting. Earlier in the spring we had the misfortune to lose sixty-four breeders from some unknown cause. When the pond was frozen over last autumn the fish were fat and healthy and even when the ice disappeared and found a few dead the remainder seemed to be in good condition, but 34 died on the 10th of April and 10 on the 17th. Owing to this loss there were but few fish remaining. When the bass were discovered working on the nests they were examined daily. The first eggs were found June 5th on two nests. The temperature of the water was 55 degrees. Four more nests with eggs were found on the 7th, the water temperature then being 58 degrees. The eggs on the first two nests hatched on the 10th or m five days with a temperature of 00 degrees increasing to 62 degrees. The remaining four nests hatched bv the 14th. no REPORT OP THE Off. Doc. W'e began taking the advanced fry from the nests on the 15th and the last were removed on the 22d. Some of the fish were placed in the fry ponds and about 11,700 were put in the troughs in the hatchery with plenty of Chara. I held them in this way for one week nnd at time of shipment they were healthy and lively. I feel that this IS the better plan, to plant, at least part of the tish, in the advanced Iry state on account of the cannibalism which results to retaining them longer. Eleven thousand two hundred and fiftv fingerlings No. 1 were planted in the month of July. The fry ponds were cleaned m June and it was thought that every fish had been removed, but after having placed a few bass fry in one of the ponds on the 20th I discovered therein a few minnows and did not consider it safe to place any more in the pond, fearing if I did they would be lost, but to my surprise and pleasure on July 30th when we drew off the pond we found 700 fine bass two inches long. These by your orders are to be held until next spring. They are at this time about four inches long and doing well. During the summer 128 adult black bass were received from the field force at Erie which were exceptionally fine. The latter part of October seventy-three of this number were sent to the Torresdale Hatchery for breeding purposes. While these fish were being removed we caught thirty-five young bass that averaged four and one-half inches in length. The sunfish began cleaning their nests May 27th and on July 30th we remov(Mi about 70,000 young sunfish and calico bass and placed them in one of the fry ponds, but there was a large number of fry remaining. The spawning period of the sunfish at this station extends over four months. When we drew the pond in October to lemove the remainder of the fry for distribution we discovered a large number of the little fellows not ovei- two weeks old. Altogether we distributed 204,000 fingerlings No. 1. The distribution of sunfish, rock and calico bass was made about the same time and the total was much larger than in 1907. Realizing the necessity of a battery house at this station, but ow- ing to the scarcity of funds you instructed me to go to Conneaut Lake Hatchery, copy the construction of that house as nearly as pos- sible and build a similar structure myself at this station. T did so and 1 have a neat building completed, 32x00 feet with a three course tile foundation. The height of the building from the top of the foun dation to the square is eight feet. There are seventeen windows, also n cement flo(n'. The battery is made of cypress, six troughs higl and twenty-eight feet long with a capacity of 200 jars. The batterv is so placed that we will be able at any time to install two other similar batteries. With the exception of laying the wall and chimney the entire work was done by the hatchery force. The house is supplied by water from the main dam. The Meehan hatching jar has been installed in this hatchery. 1 consider it a great improvement over the McDonald or Dowing jar. I think it has the proper con- struction for a hatchery jar and it has proven to be most successful and convenient. There are now 13,008,000 white fish eggs and 9,680,000 lake herring eggs in this station. Owing to the shortage of water supplying the battery at the Conneaut Lake Hatchery you directed the eggs at that i>lace fo be sent to this station to* be hatched. There was DEPARTMENT OF FISHERIES. also sufficient jars sent to fill the battery. 1 am sorry to say that the eggs so lar received have been of a poor quality On November 20, 1908, I received 3,000,000 lake trout eggs from ThP ^«i*'? f ^*^'. .?"'"^" ^^ Fisheries, Northville Station^ Mich^ The distribution of these eggs will be given in mv next report. ThafJ'^^'T'^^^^l '''' ^^'^ ^''^"^^^ ^"^''^^' theVear are as follows: lonT -^ I'^^^^ ^**i^^ ^vere under construction at the end of the vear 1907 were completed, the yellow perch pond was enlarged bv' re- n".nypn?,.^''''^^^ *'^^ "'^^""^ 1^^^^^^ adjoining. This adds to the appearance of the grounds and also covers the want of luore space for handling perch. Wo have practically finished the section ot't^lie groimds where the pcmds and hatching buildings are located We uUo^^l^. T""""^^' ^r^^.^'^ ^^'^ driveways, sodded the banks, also aced steps from the level to tops of banks, and planted about fifty I)ine trees which are apparently growing. In order to make the reservoir more secure we rebuilt the splash wit^h concrete. The floor of the barn was in bad condition and the stable was very cold for the horses, so we removed the wooden floor and put in concrete. We rearranged the partitions and now have the barn comfortable. We improved the appearance of the dwelling house l>y removing an unsightly iK)rch that was of no use whatever We were unfortunate in having the lightning strike the chimney, and yet were fortunate as there was little damage done, the Insii^ance Company rebuilding the damaged chimney. As yet we have not util- ized the southwestern part of the grounds for ponds. We have been cutting hay from this place, but at time it was almost impossible to reach this part with the team on account of the swampy condition of tiie ground. I am now building a road to this point For a time I was worried about the supply of water owing to the drought which was general. There was a very small stream of water flowing into the bass pond, but I am thankful to sav that we have had no loss of fish. The reservoir that supplies Union City with water is located above the hatchery grounds and we depend on the overflow from this reservmr for several of the ponds. The officials of Union City have been working hardduring the summer to increase the water supplv and have been successful in adding several new springs to the reservoir. Since this has been accomplished our supply of water has been greatly increased. Hoping this report will meet with your approval, I am, Respectfullv, A. G.'bULLER, Superintendent. FISH, ETC., DISTRIBUTED FROM DECEMBER 1 1907 TO NO\^EMBER 30, 1908. Tadpoles. Butler county, Warren county, Total, 7 4,000 13,000 17,000 92 REPORT OF THE Off. Doc. Calico Bass, Fingerlings No. 1. Clearfield county, 3,000 Erie county, 4,000 Lancaster county, 1,000 Montour county 2,000 Wyoming county, 2,000 Warren county, 2,000 Total, 14,000 Kock Ba.ss, Fingerlings No. 1. Indiana county, (),(MM) Lancaster county 1,000 Venango county, 0,000 Total, 13,000 Blue (lill aud Long Faw Sunfish, Fiugerliug.s No. 1. Clearfield county, 27,00() Columbia county, 10,000 Clarion county 15,000 Erie county, 52,000 Jefferson county, 10,000 Lancaster county 18,000 Lycoming county 20,000 Montour county 16,000 Venango county, 4,000 Warren county 16,000 Wyoming county 10,000 Westmoreland county 6,000 Total, 204,(K)0 Yellow Perch. Crawford county, 450,000 Clarion county, 720,000 Clearfield county, 1)00,000 Clinton county, 2,340,000 Erie county, 4,170,000 Lycoming county 1,700,000 McKean county 1,530,000 Snyder county, 1,620,000 Union county, 450,000 Warren coimty 2,025,000 Total, 15,905,000 '^0. 22. DEPARTMENT OF FISHERIES. Pickerel. Crawford count ^•, . . . Clarion county Clearfield county Erie countv, Northumberland county, ]/ Warren countv, . . . . " Total ; "~ F.ake Trout, Advanced Frv. Planted in Lake l!:rie, Bhick Bas.s, Advjinhite Fish Kggs. From Port Clinton From Connc^aul L.ike Total M 225,000 450,000 1,260,000 4,965,000 2,205,000 810,000 9,915,000 598,790 7,500 4,200 11,700 73 2,500 1,250 3,000 5,000 500 12,250 10,944,000 2,124,000 13,068,000 Lake Herring Eggs. Received from December 1, 190". to December 1, 1908, 9,280,000 04 UEPOriT OF THE " Off. Doc. Lake Trout Eggs. From Dunkirk, X. V.. (green eggs, i 232,000 From U. S. Bureau of Fisheries, North ville, Mich., eved eggs, 500,000 From U. S. Bureau of Fisheries, Northville, Mich., . . 3,000,000 Total ?J^2,000 Sent to Wavne County (eved eggs 1 50,000 Yellow Perch Eggs. Gathered at hatchery, 5,100,000 Receiyed from Wayne County, 11,545,000 Total, 16,645,000 Pickerel Eggs. Reoeiyed from Wayne County, 10,115,000 Summary. Small Mouih Black Bass, adults, 73 Small Mouth Black Bass, Fingerlings No. 1, 12,250 Small Mouth Black Bass, advanced fry 11,700 Lake Tro.ut, adyanced fry, 598,790 Pickerel, 9,915,000 Yellow Perch, 15,905,000 Sunfish, Blue Gill and Long Ear, fingerlings No. 1, . . 204,000 Rock 15ass, fingerlings No. 1, 13,000 Calico Bass, fingerlings No. 1, 14,000 Tadpoles, 17,000 Total, 26,690,813 No. Ii2. DEPARTMENT OF FISHERIES. 96 ORAWT^ORD HAT(^nERV, STATION NO. 7. Report of W. H. Safi^^ord, Superiuieudeut, Hon. \y. K. Meiihau. Cninmissioner of Fisheries, llarrisburg. Pa.: Sir: The folowiug is the report of the oi)eratious at the Crawford County Hatchery for the vear beginning December 1, 1907, and ending November 30, 1908. This year has been a very surcessful one for the Crawford hatch m-y. The mosi uoticeabb' thing is the increase in the hatch of fish this year over that of last. The total hatch of the year l>eginning De cember 1, 1906, and emling November 3tl, 1907, was 1<;2.750, whib* that of this year is 51,r)54,500. This great increase is due to your forethought in erecting a battery at this staticm. The haterch, and tu the Department one is as \'al liable as the other. Again jiond cultui-e is veiy uiicertaiii. the eggs from the fish not being taken artifi<-ially like the white fish, herring and various other species, but left for nature to develop as she sees fit. iiesides it makes ji wonderful difierence at a pond cultural statir the year with no power to prevent. So one can see that no standard of }»roduction can be given to a pond cultural station. 96 UEl'OU'l' OF TllK Oli. Doo, In my experience no two years are alike. Last veai- in less than -'4 hours wo lost 75,000 eggs and ivy of the l>laek basj bv the water drop- ping from (K; to 42 degrees. This yeai- the fish were veiv backward and east a small amount of eggs, still our output was 4,()r)(i uiore than last year. >\ ith favorable conditions 1 hope to double our output next year over that of this. In pond extension we have done very well. With oui- own ie«»^u lar men and no outside help we have built two pcmds. one UU) bv 70 and one 80 by 80. A great amount of work has been done toward beautifying the grounds, the banks of all ponds being c(nuj)leted sewn m number. A large new intake sluice wav has been i>artiallv com pleted. . 1 . The ui)per northeast corner of the grounds hav<' been graded and filled in to a depth of from two to three feet, partlv tilling uj. an un- sightly place. The main driveway leading to the piiblic load has been graveled nearly its entire length. A swale in the drivewav has been tilled and raised. to a height of about four feel. One-third of the grounds has been enclosed by a substantial wire fence, The battery e«iuipment has l)een repaired and j.ainted' anaring their shipments. It was stated to me by these gentlemen that thev seemed verv tender and easily injured. I tind it cpiite the reverse with ours. ' On the con- trary, I c(msider them (piite hardy. Our tish are alwavs seined and DEPAllTMENT OF FISHEUIFS. 97 placed in retaining boxes one day prior to shipping, so that in case any should be injured they would show it before being placed in cans and shipped to the applicants. Out of 119,000 shipped, less than 25 were removed from the retaining boxes as being injured or dead. As I stated before, at the opening of the bass spawning period this year, tho indications were for a very small hatch. Out of 40 pairs of tish only 15 nests were cleaned up, and of these 12 had eggs on and two made their nests outside on thj clay bottom. Our per cent, of hatch was way beyond that of last year, else our output for the year would have been much less. As it was we increased it a little. This seas(m was our tirst with yellow perch. The number of eggs gathered from tish in our own pond were :>,500,000, which I think very good, taken from the fact that the tish had only been in the pond one winter. The percentage of natural impregnation of this species of fish is almost 100 per cent., and as the frv are verv easv to handle, a large outj)ut is always assured. The great drought that ])revailed in this section of the state during the past summer and fall almost brought our frog culture to a stand still. It especially att'ected the yearlings and two year olds that I was rearing. In fact during Angust and Septendier it was so dry 1 was unable to keep very much water in the frog pond, as the spring run that furnishes the water tor the ponds became entirely dry. This was soinething that was never kiujwu to have a small bunch of this grass, I saw a hole in the bank about the size of a half dollar. On examining the hole 1 found it contained four or five yearling fi-ogs. They were as sleek and moist as could be. We then proceeded to examine the entire pond. We fouml hole after hole and every crevice that was large enough for a frog to «rawl into was filled. So that of 500 <'ounted frog tad-poles or frogs with the tail still on, we counted and moved into the nppei- pond 4(MI without tails, showing no unusual loss asid«^ from the natui-al death rate. Whether this is a natural instinct of the frogs where they are confined and un able to get to water, or whethcM- the lack t*\' water drove them to it, I am unable to say. f mean t(> watch this and determine if (his is a common occurren<-e with them. Needless to say 1 was greatly surpriseud. These produced a small number of fry sufficient to fill the number of ai>plica tions on file at this station. At the present time our catfish pond is finished and with the new 7—22—1908 m ds REPORT OF THE on. Doc. stock of ad 111 Is to be gathered next si)ring wo will he ahle to make a considerable acidiiion to our output. In closing niv report for the year of 1908 I wish to sav the entire equii)ment is in first class shape and prospects arc good for a success- ful year in 1000. Below you will find a tabulated statement of all counties receiving fish from this statiim. I am your obedient servant, W. H. SAFFOKD, tSuperintendcnf. Output of Fish, etc., from December 1, 1907 to November ;iO, 190.S. Bass. County. \>nango, Crawford (including Conneaut Lake), ... Green, Mercer, Butler, Beaver, Lawrence, Westmoreland, Fc'iyette, Allegheny, Lackawanna, Total Wall Eyed Pike. Venango, Butler, Lawrence, Crawford (including Conneaut Lake) Clarion, Mercer, Armstrong, Indiana, Somerset, Erie (Lake Erie), Total, Yellow Perch. ]\Iercer, Jefferson, Beaver, Somerset, No. of Fish. 4,500 13,200 1,250 9,000 2,000 2,000 1,000 2,250 300 500 1,000 37,000 050,000 350,000 450,000 4,450,000 400,00 300,000 250,000 350,000 200,000 6,950.000 14,350,000 1,050,000 150,000 150,000 100.000 No. 21.'. DEPART^fENT OF FISHERIES. 99 County. Venango, Clarion, Crawford (including Conneaut Lake), Greene, Butler, LawTence, Westmoreland, Indiana, Armstrong Erie (Lake Erie), Total, No. of Fish. 350,000 100,000 4,600,000 50,000 150,000 150,000 450,000 400,000 150,000 6,150,000 14,000,000 Sun Fish. fiercer Butler, Beaver, Greene, Lancaster, Crawford (including Conneaut Lake), Total, 16,000 1,500 1,500 6,000 4,500 79,500 119,000 Pickerel. Butler Washington Favette, Beaver, Venango Jetferson (ireene, Allegheny Mercer Armstrong, Clariim, Forest, Lawrence Crawford (including Conneaut LakeV l>ie (Lake Erie), Total, 100,000 350,000 50,000 100,000 150,000 50,000 50,000 50,000 400,000 250,000 450,000 50,000 50,000 3,800,000 6,100,000 12,000.000 Mercer, . . . Armstrong, Indiana, . . Greene, . . Crawford. . Frogs. 10,000 7,000 7,000 2,000 21,000 Total, 47,000 100 REPOIIT OF THE Off. Doc. Cat Fish. County. • No. of Fish. Mercer, 500 Greene, 250 Crawford, 750 Total, 1,500 No. of Fish hatched year ending November JiOth, 1908. Walleyed Pike 14,350,000 Yelow Perch 14,000,000 Pickerel 12,000,00(1 White Fish 0,500,000 Lake Herrinji; 15,000,000 Snn Fish, 1 19,000 Small Mouth IJass 37,000 Cat Fish 1,500 Frogs, 47,000 (irand total, 51,554,500 No. 22. DEPARTMENT OF FISHERIES. 101 REPORT OF THE BPRUCE CKP:KK HATCH FRY, STATFON No. 8. \N'illiam F. Haas, Supt. Hon W. K. Median, Commissioninnin«^ l>eceml)ei' 1, 1907, ending November hi), 190.S: Alth(mgh 1 l(»st .several thousand trout on account of two Hoods in March and May, 1 took (;5t>,tMM) eggs from my own tish and re ceived 250,000 eggs from Weissport. making 900,(10(1 eggs in all. Considering the heavy lo.ss of brood tish which \ sustained the take of eggs was very gratifvini* being a little more than lour times what 1 took in 1907. The tish were uniisually late in begiuniug to sj>awu and on the tirst of l)eceud>er there were still (piite a number un)i])e. At no one time was there a large numbei- of ripe tish. The greatest num ber of eggs taken in any one day was (;o.O(Ml. It has been my policy to train my assistants in i^^ftr takiug sind it was fortunate that I did so as it enabled me when you were advised that we could have the surjdus eggs at Weisspoi-i lo go thither uiyself and leav<' the spawn taking to my men. They did their work well and as ihe eggs did not come fast they were able to take their time to the work and fertilize tluMii ]>roperl\ and care for the stripped fish afterwards. The subterram-an algae which bothered me gi'<*atly last winter and the wintei- befoi*e. seeuis to have entirely disappeai-ed though I look for a little latei- iu the season when the unlocated siii-face spring begins to Witrk. My eggs are fluM-eloie doing well aud 1 shall have al least as many fish in the s|iriug as 1 ha[}' three year old fish do not average a foot in length and mj two year olds scarcely average seven inches. The fingerlings for many months hardly seemed to grow at all. They refused to take their food readily, but late in the fall they suddenly commenced to eat and since then I had no trouble, and they have grown with great rapidity and some of the fish which are now yearlings are nearly as large as the average of my two year olds. I think one reason for the slow growth of the older fish is that they weie always kept in small ponds and where the water was not very deep. My fingerlings while they are in a small pond are in deep, water, and I believe that the only way is to have the lake trout make a nor- mal growth is to keej) them in very large and deep pcmds. Believ- ing this 1 asked for and secured your permission to build a very large trout jjond next summer for this species and to locate it where we have started the bass pond. It will be nearly 4t)() feet- in length, almost 2(10 feet in width at (he low<'r end, and at the kettle a depth of about seven feet, and at the u[)per end of three. This pond will also do for four year old female brook trout. The construction of this ])()nd will not interfere with the construction of a large bass pond as there is plenty of room on the property. Anticipating the needs of ihe stoc k trout, 1 built seven new trout jMmds, all of large size. These are completed and the seventh cmly needs to have the bottom «»raveled before turning (h(» water in. Of the seven }>onds (me is 12;") feet lou«» and M) feet wide and ((mtains four feet of water. The second is 115 feet long, 22 feet wide and has four feet of water. The third, fourth and fifth ponds are all I5() feet long, 22 feet wide and three feet of water and the seventh is. 42 feet long, 22 feet wide and tliiee feet of water. The seven p(mds will hold all the fish now in the nine yearliug p(mds, and also all the two and three year old lish with ]»iobably a jumd to spare. pjver since tlie hatrhery has been in operation it has been periodi cally visited by Hoods. As far as 1 can learn previous to the ac^piisi ti(m of the property there had been no serious high water for years, but within the last thi-ee or four years the forests on the hills border- ing the valleys which enler the Spiuce Creek X'alley have been en tirely stripi)ed with tlw result that every time a heavy rain cam«' Spruce Creek overllowed its banks. The first serirms Hood this yeai- occurred in March. At that time the water overllowed the banks about :i()0 feet bel(»w the ui>per end and flooded back over all but two j)onds. It ]Mnired int«> the hatch ing house where there was 22 inches of wat\\v o'clock in the morning until nearly noon, ^^'lla( fish did not esca|»e were all mixed up as to size. Fingerlings. three year olds jind two year olds were all mixed to gether, and it took us nearly a month to sort them out. The second Hood was the result of a cl(»ud burst which came on the evening of May 21Mli. The s(oiin itself did not last over half an hour, but in that time the water in the creek rose nearly six feel. It came ovei' the nmd on the left bnuk of the creek and Hooded the stable so that 1 was compelled to take the horse out. It entered the hatchery grounds al the upper end to a depth of nearly a fo<»t, and came within about four inches of eulei-ing the first one of the large Pecause of the algae which is es]>ecially thick in the shoal ]tnrts the bass refused to use the nests which were prepared foi- them. Tin v did so the previous year and built nests in the clear mud in the deep <'st ])art of the pond. Tliis year they built their nests also in the mud at the lower end, simply scoo])ing out the soft mud and laying their eggs on the harder ])ortions. They began spawning about Ihe 25th of May, and before any of the eggs were hatched there tame a seccmd cloud burst whic li I have already spoken of. A great quantity of muddy wal<'r pouiuMl into the pond and completely smothered the eggs. Foi- nearly a week the ponds cimtinued in this c(mdition. Every egg was sm()ih ered and I had no young bass. I feel that I can do nothing with bass an this station until we have a p(md properly constructed and from which we can keep muddy water. The ])ond in which I now h.ive tiie bass is (mly fitted for the propagation of catfish. I have a few pe:iis thai it is done by having the sj»awn attached (o the gills of certain fishes, especially the rock bass. Not having any rock bass or any species of tish especially adapted to this work, with the exception <»f the black ba.ss, I did nut disturb the mussels, but allowed them to lemain in the bass pond in the h(»j>e that they would proi)agate ihere naturally. With what ivsult I can not tell until next sjuing when the pond is diawn down. I distributed over 7r)0,(l(M» trout last spring from tish luitched from my own eggs and from eggs receive fish and from them about iNi.OtMl <>ggs. Fnder the awei- eml of lli" halainted. The outside by <-ontract anring. Thus we have a total of L':l ponds. The drought did not harm this liatchery in the slightest de«ri.,M. The sju-ing which suj.jdies the pioperly uuiintaiued m-arlv its ni.rmai fiow of about 2,000 gallons of watei- a minute. Spruce Creek was for that stream Vi'vy low, but at no time was thei'i* a depth of less than six feet in Ihe slujal water. In \ iew of the severe character of jhe drought this year I think it may ccmfidently be predicted thai there never will be a shortage of water in this hatcherv. No. 22. DEPAKTMENT OF FISIIKIUFS. 100 An ice house and a meat house is badly needed. I have your au thority to construct the first but the other ought to be built in 1901). There will be in the summer of that year 23,000 large tish and more than 100,000 fingerlings to be reared to breeding size and these fish will take a large amount of food. A meat house and cutting machine operated by water could prepare this food in half an hour. Hy hand it will take two men nearly a half a day. It will also be necessary to build this coming year at least a dozen additional trout ponds to acconunodate the increased stock. and these ponds should average at least 10 feet in length with a \)ro- portionate width. The lake trout pond can easily be finished by the hatchery force by June when by the employ men r of three or four laborers 1 think by late fall we can have a large bass p(uid finished as well as the trout ponds that 1 have spoken of. J received 100 additional shijiping cans making my stock 245, sufficient for the needs of the hatchery, although I should have five ad- ditional to supply that number whicli were lost last year, not by any of my applicants but by applicants for fish shipped from the Wayne hatchery. Kespectfullv, WM' F. HAAS, Superintendent. SPRUCE CKEEK HATCHERY, STATION No. 8. - Distribution of Fish, etc., from December 1, 1907, to November 30, 1908. Brook Trout. Allegheny county, Blair county, Bedford county, Cambria county, Clearfield county, Fayette county Fulton county, Franklin county Huntingdon county Indiana county, Juniata county, Milllin county, Perrv county, Somerset county, Westmoreland county, Total, 3,000 201,500 111,500 121,500 27,000 55,500 10,000 5,000 120,500 6,000 12,000 3,000 22,500 36,00() 21,000 759,000 106 It E POUT OF THK Sunfish. Blair countj, Bedford county, Cambria county, Centre county, Franklin county, Indiana county, Lebanon county, Mitliin county, Northumberland county, Total, Catfish. Lebanon county, Huntingdon county, Total, Off. Doc-. 1,500 1,800 900 3,000 1,200 1,500 1,500 300 300 No. 22. 12,000 mo 900 1,500 Dbil'AKTMKNT OF FISIIEKIKS. REPORT OF CMAKLES li. NEftLEY 107 Field Superniendttnt. Honorable \V. E. Meehau, Commi.ssioner of Fisheries, Harris burg, Pa.: Sir: I take pleasure in submitting to you my first annual report of field work as Field Superintendent. I began my first operations at the Torrcsdale hatchery, April 1, 1908, starting in with painting boals, calking boats and such pre llminary work as was necessary lo do work on the river Delaware. 1 began the collection of adult fish for propagating purpos<'s and gathered 3,569 fish as follows : Sturgeon, 85 Catfish, 2,274 White perch, 104 Sunfish 7(50 Calico bass, 3(1 Yellow perch, 21!» Black bass, 31 On the 15th of April I went to Wayne county to begin the colUntion of yellow perch and pickerel eggs under the personal supervisiou ol' yourself. There was collected on these operations 178,000,000 yel low perch eggs and 244,385,000 pickerel eggs. After the perch and pickerel work was ended, I was ordered to Torresdale for the pur- pose of collecting shad eggs on the Delaware river and there was collected about 10,000,000. Every effort was made by us, including the Superintendent of the hatchery at Torresdale, to collect every shad egg that could posibly be had. A peculiar point about this work was that many of the spawning shad were very nearly but not quite ripe and experiuients were made to try and ripen them by w taining them in the ponds. The most difficult part was that we could not keep the crib near enough to where the shad were cauglit, and it was found impossible to get a live shad to the crib. There was also a number of experiments made on the fertilization of salt water herring. We tried the dry and wet method of taking the eggs, in fact every way even to the salting of water in order to fertilize tho eggs but still without good results. We hope that next year we will have better success. T think the reason was that we began 1(m» late when the water temperature has risen too high. On the Gth of May I returned to Wayne county to eugage in the collection of bass fry in the jjonds and lakes of Wayne county and was assigned to Independent and Hickory lakes near the village of Poyntelle. At this point you left your work on Sly lake in order rhat 1 might benefit from your knowledge and experience with re- spect to the methods employed by the bass in building nests, how to 8 108 llKI'iJllJ' (.)F THE Of). D Ol* . find theiu and how to dip the vouug bas.s. What yon taught mo was very beneficial as was shown' by th<» amount of tisli that was col lected by me at those two places. There were experiments made as to the lengih of time it took lo hatch the bass and found that it ^as from seven to eight days. I gathered in Wayne county on these two lakes, Independent and Hickory, about 45,0(1(1 and from all about 170,500. There were some exi>eriments mad<' by me in regai-d to the artilicial fertilization of sunfish eggs. On .Jun** IS I caugli! with a seine a number of suntish that were on the spawning beds and took their spawn by llie same method as I emjdoyed with other fish, and was surprised when nearly all the eggs so liiken became fertile, and that they flowed freely from the femab'. They are very adherent and stick tightly to anything they come in contact with, but this quality did not injure those which adhei'ed to wet objects. The eggs are nearly transi)arent and have a yellowish tint. We made nnother experiment on ihe following day with about 20 fjsh that 1 gathered in the same manner as before, namelv, on the spawning beds, and I took the eggs by the dry method. * As soon as the eggs were taken and fertilized, I placed them in a large agate bucket where they immediately adhered to the sides jind bottom. 1 tied a mosquito bar netting over the top and submerged them in about five foot of water, fastened the bucket to a stick in so that the top was about 18 inches from the surface. I went there every day to examine the ct hatched and they disappeared entirelv bv the next morning. There must have been about 20,0(M). The tin'ie it required for hatching was seven days with a wjiter temperature of 5S degrees varying a degree or two in the morning and at night. 1 was^-erv glad that 1 made the ex|>eriment and innnediately lejjorted the mat- ter to you. I also observed thai on two occasions bass and sunfish were on the same nests. It looked to me as if the bass had driven otf the .sun fish and occupied the nest that was built by the suntish but cannoi understand why the latter were allowed to remain. Most of the bass when disturbed are very vicious and often would grab at un- hand when I would take spawn from the nest for the purpose of examining its ccmditicm. We found oiu' nest where the female and male were in (he act of sj.awnlng. The femah' was a large fish, weighing perhaps four pounds, while the male was much snuiller'. measuring only nine inches and weighing only about half a pound r watched (he nest very carefully every day and the male rtsh was always there at his post and always vovy vicicms. He would come close to the surface and make a circle and immediately go back on the nest. While engaged in the collection of the bass fry we found time in the afteinoons to collect adult fish for the purpose of transferrin*^ the same from one lake to another. It had been shown previous to that that by transferring fish from (me lake to another better re- sults were i)roduced : the fry from the fish so transferred became stronger. No. '22. di:paut.mi:.\t of risiii:itii:.s. lOi) On Julv 12th a number of citizens of Waviie and Lackawanna roun- ties notified me pers(mally thai Tully Creek, M<('abe Creek, K(\\u nunk. Shehawken and (i'ibu(aries of ilu' same wei'e drying up but tliat the trout were still alive in small jkmjIs anoud and I w«»rked there until called (<► go on (he S<-huylkill canal lor the puipose t»f (ransferring the fish fr<)m ihe canal into the Sving i.»'i ■ and was seiK (o llellefonte hald'eiy in Centre county where I was under the supeivision of Mr. Howard .M. iJuller, the Su|>erin(end- eiit, and Mr. !». O. Websier, the assistant superintendent. With my assistant, Mark -laynes. we were at once |Mit to woik sorting th(» tioui and 1 wish to expi-ess my (hanUs for the considei-a(ion they showed me. All my spare time was taken uj> by gatheiing wild trout foi- the purpose of taking spawn. A very laige uufiibei- were caught and 75.- 00(1 eggs was gatlieied from them. Fi'oiM the r»ellelonte hatchery 1 wa > transferred to the lOiie station located in (he city of lOrie. for the |»ui-|>ose of gatheiing lake lieri'ing and white fish eggs. Wv began with an exp<'iiment conducted under the sujK'rvision of .Mr. liartman. of taking eggs from lish that wei-e ]>laced in a crib nnule of netting and anclioiese of colled ing lake herring <'ggs. and if it iia,(J00,000 eg«is of tin* .Inmbo heri'ing. A larger amount of eggs could have been collected even in these two days had it not been for (he scarci(y of male lish. 'j'his condi(it)n ap- 110 REPOirr OF TIIK Off. D»(». parentlj was noticeable all over the western end of the hike. From a letter written by Mr. Downing I found that he had the same trouble. I will here take pleasure in thanking Mr. A. C:. Brown, of Port Stanley, for the courtesy shown to our men and for the introduction to a lot of leading citizens of his selection in (he Province of Ontario. They seemed greatly pleased in the work of propagating fltsli in Lake Erie asking many questions as to our methods emjiloved in propaga- tion. They were outspoken in their praise saying fhat the fishing has been much better of late years than it had been for the past eigljt or ten years and that it is due to the work of Pennsylvania and \\w United States. Mr. A. C. Brown made a record catch of eleven tons and eight hundred and fifty pounds in one day's fishing. I went back to Ei-ie thinking we could get eggs with less expen.so on the port of Erie and gathered at that i)ort a total of .57,22(),0IM> eggs. An expedition was started for Port .Maitland for the purpose of gathering white fish eggs. We found the pound net fishermen :it this port very cordial and Mr. M. Ihirtman, a si>awntaker, and luvseif went to the fishery of Mr. Sanders Hoover aJjout iive mih\-< to f he" west of Port Maitland. The fishery consists of nine pound nets. Mr Hoover showed us every attention possible and we stopped at his house. We were there four days and owing to a violent storm most of his nets were placed out of commission and we were told by him ii would not be worth while to replace them again this year. We made arrangements with Mr. Hoover, the Honorable J \V Jianey, John Hoover, Walter Weaver. Abe Hoover and Jonas Hoover who altogether fish 2G pound nets, for the taking of eggs at their fish- ery next year. These gentlemen catch about 900 t(ms of fish everv year, the largest number being white fish. They have become more numerous every year at this place for the past three vears and credii IS given to the Department of Fisheries of Pennsylvania for the re stocking of white fish in the eastern end of Lake Erie. Tliev claim that fish from the extreme western end of the lake would never <^(M as far east as their shore. '^ One of their number, Mr. Sanders Hoover, came over to see some of our hatcheries in Pennsylvania. He seemed grentlv impressed at the large amount of eggs we had in the batteries. A total of 235,000 frog and tad-poles were also gailiered from Bone lake in Wayne county for distribution in the difi-erent count i^-s throughout the State. A large number <»f fish gathered from Beivei- Meadow Dam in Wayne county are still being held in the hatcherA at Wayne county. Kespectfullv, CHARLES H. NESLEY, Field Superintendeijl. No. 22. Dr.PARTAtENT OF FISMI^HIKS. Ill SUPPLEMENTARY UEPORT ON FIELD WORK f>N THE DELA WARE RIVER. Bv Charles H. NesUy. SHAD WORK. 1 left Wayne county (m May 4th and arrived at (he Torresdale hatchery May 5th and after a Conference with the Superintendent, Mr. Jerry R. Berkhous, went to ^Vashingtou Park and took charge of the spawn gathering at the Bennett Fishery. In the operation of the shad work the following dispositions were made: Phili]) Hartman at the Page fishery near Neshaminy. Lawrence Laurens(m to oversee the gillers at Bridesburg, and Solomon Clau- .'■•on to oversee the gillers at Tori'esdale. Mr. Jerry R. Berkhous, Superintendent of the Torresdale Hatchery, owing to my being kei)t entirely jit Washington Park, supervised all of the work of all of the men just meuticmed. George Warneberg, as- sisted me at Washington Park. This once famous spawn taking fish- ery, for the last four or five years has becm steadily yielding less and less eggs. Last year I understand only about 00,000 were gathered there. This year the number was greater but far below what it used to be when the T'nited States Government sent the Fish Hawk into the river and was able to fill all its jars with eggs time and time again from I his one ])lace. In all 1 gathered eggs from 21 fish. This is a very h^w yield of eggs for that many fish, but many of them were half spawned before having been caught. In all there were gathered about 10,000,000 eggs, or more than double the number gathered last seascm. The fish at Washington Park ran very large, averaging about five pounds per fish. On the rest of the river under our charge, the fish were notably smaller. The general run of the females at Washington Park w<'re beiween seven and eight pounds. The catch of shad throughout the season was larger so the fishermen say, than for any season in eight years, but it was smaller than it would otherwise have l>eeii on account of many storms which muddied the river and ]»ut the shore nets out of business sometimes for days at a time. .Muddy water operates against the shore nets. If not too muddy, it is rather in favor of the giller because apparently the fish cannoi see the gilling twine. It has been said that the eggs from the gill nets are better than those from the shore nets, but although I kept as close a watch as possible, I could not see very much difference. All the eggs taken by the emydoyes of the Department were taken by the dry method and most of the eggs taken by the gillers were taken in the same manner but some used the old wet method. When ever the weather was cool the eggs taken by the wet method were usually ])oor but whenever the weather was warm there was a large l-ercentage of well fertilized eggs and eompanMl favorably with the ftrirs (aken bv the drv method. J 12 ui:rour of the (MT. Duf. TJie CommissioiKM- wlio ko]>( a cUkso watib on the sliad tisherie.s on tlie Delaware river last vear, found that there was a very large nuni ber of females within 24 hours of being ripe and I found the same thing this year. Fully (me-third of the fish caught in the latter part of the seascm were within one <»r two tides of being ripe, but the ]»eeuliar feature about it was that the same condition prevailed in the neighborhood of Washington Park. We had what was to us good evidence that a niai-ked increase in the number of shad may be looked for in the Delaware river in the near future. An unusual number of very small shad or what are probably year- lings, perhai>s two year olds were i<.und amcmg the herring iii the Xigger net (.f the Jiennetts Jisheiy ai Washington i'ark. The Nigger net is a small net with a heii-ing mesh thai is thrown around the big shad net just before the latter is hjiuled. The general su]>position is that when the young shad lea\e the river in the fall that they re main in the ocean until they arc mature and come back lo s]»'awu. but tJie fishermen on the Delaware river hold diflerently thai llie shad come back In the river {^Vi^vy yrar as yearlings and two year olds and tinally three year olds or sj>awners. The finding of these small shad which are about I he size of a herring or a little larger, seem to me to piove the claims of the tisheriuen. These small shad are not foun rijje dial Jlie eggs were running naturally from them. I found i»lenly of tish with milt ah hough the eggs and the mill pnived perfectly good, feitilizatiou seemed t(» be impossible. The eggs turned white within five minutes after being fertilized with either method. I am inclined lo Ihink ihal we began oui- work a little io<» late for the temperature of the waler had risen to 72. We know that a sud- den rise of temi»eralui-e is unfavorable to fertilization of shad eggs and as the herring is closely relaled to ihe shad I assunied that \\i\s was the reason why we failed with ihe heriing. There was a verv heavy take of herring in Ihe river ihis year, heaviei- than last year and much lai-ger and bet mm- fish. I conducted the ex|.erimeni of at tempting the fertilization of the herring daily foi- <.ver a week and gave the same allenlic.n and care to them as I did to ihc shad eggs laken Ihe same week which were thoroughly and well fertilized. WALLKVK!) PIKi:. One of the graiifying fealnres connrcied with my work on the Dela- ware river was the caK hing as far sonlli as Washington Park of large numbers of wall eyed |>ike. This tish was introduced into the Debt ware river many years ago by the T^^ish Ccnnmission above Trenton Falls. n)osi of I hem being planied. I nmlerstand, north of the Water No. 22. DKI'AItT.MKNT OF FISMERIFS. lis Gap. Year by year they have been working their way down the river and a few years ago a few specimens were caught as far south as Birmingham. Nearly every day three oi- more tish weighing from live to six pounds were caught in the net at Washington Park. They were, of course, liberated, being game tish. i believe, owing to the felow Trenton Falls. The ai)pearance of these tish and in such numbers is proof of the good results which follow artilicial planting of fish. Not only were wall-eyed pike caught almost daily in Wjishington Park, but were caught in large mnnbers in Ihe neighborhood of Torresdale. One fisherman during the shad season caught moie than fifty, all of which he sent to the hatchery at Torresdale. The Page Slioi-e Fishery oi- Dutch Neck and Till ly town, and in fact all the shore iisheri»'s, caught wall eyed pik<' in gi-eater oi- less num- bers. STFIMKON. There ai-e some signs of a revival of the sturgeon tishei-y in the Delaware. .More young tish running from a foot and a half to three feet in length were caught than in any one y(»ar foi- several years ]>ast. We took thirty-two in I wo hauls with our own nets at Tay- lor's Point. Scarcely a haul nuule at the Washington Park tishery failed to unsnare several. On one occasion over thirtv were caujrht in a single haul. The Page Sh(>re Fisheiy caught large numbers and we have reports of the catching (d" them in quantiiies as far noiih as White Hill at the Sadler fishery. Nearly all roperty and removed and killed a large quantity of game fish without first getting a jiermit from the Department to do so. P>efore complecting the work the defendant ceased oi)erations because he claimed he was informed that what he was doing was a violation of the hiw. a fact which he declared he was innocent of. A general com]>laiiit was made to the Department of the affair and nol withstanding it ajtpeared to liave been technical the manner of the c«>niplaint and the qnaniiiy of tlie jish killed made legal action necessary. Ko. 22. DEPARTMENT OE FISHERIES. 116 I instructed the wardens that when they came upon violations which were strictly technical and there were no serious attending con- sequences, not to make arests but warn the person or persons, and if they found the warning was received in good part to pass the matter over. I directed them to devote their energy in making arrests to clear violations in which there could be little or no excuse and where their was general knowledge that the act was unlawful; as for ex- ample, undersized fish, game fish out of season, improper netting, use of illegal devices and methods. The result has been highly beneficial and some of the wardens have especially distinguished themselves by their intelligent enforcement of tlie law. In this connection I wimld I>articularly mention wardens Stei)lian, J. P. Albert and C. K. IIol land. I do not wish by this to detrjict in the slightest from the wise work done by the other regulars. The <-onditi<»ns existing in the ter- ritory of some of the wardens render the exhibit i(m of the wisdom which they dis])la3' less conspicmms. This is particularly note- worthy in the districts covered by \Vardens Shannon. M. F. Albert and Conklin. In warden Shannon's district violati(»n of the law is widespread and flagrant and conditions were such that made it nec- essary for him to prosecute nearly every case with which he met. In the majority of instances an exhibition of moderation was misunder stood and taken advantage of. For example when warden Shan non received instructions to show leniency and not make arrests for trifling departure from the fish basket and tishing mesh of nets, those who were admonished and not arrested sjn-ead the report that war dens were instructed not to make arrest for general violations and when arrests were made some were unjust enough to complain to the Department that the warden was exceeding his auth<»rity. s « 3 cr u < m a s a 211 27 846 166 27 802 56 0 41 4,836 1 1,225 , 9,026 684 486 06 14,587 2 *5 0] a a 2,351 18 950 4 6,550 82 9,851 54 < 32 1 23 66 It will be noticed that when the number of c(»nvictions and th<* nuni ber of acquittals are added that the total lacks three of th<* total number of arrests. This is due to rhe fact that in (he case (if one special fish warden two arrests were made without anv action having been taken by the Justice of the Peace, and one was a seizur«» of nets in Lake Erie by the crew of the Commodore Perry, and the owner thereof keeping beyond the jurisdiction of the court although infor mation has been sworn out against him. The following are tables of the work performed by the regular wardens. sf»ecial wardens, consta bles and State police: lie UEl'OUr OF TllK Oft. Doo. • an a • o • , «d es to w ** OQ > 3 a o < O -^ Regular Wardens. J. \V. Crlswell, ... C. H. Nesley, K. H. Stephan, ... W. E. Shoemaker, O R. Holland. .. J. E. Conklln, ... Q. D. SbaDDon, .. J. P. Albert M. F. Albert, M. P. Maitland, Special Wardens. Jenkln Davis. J. W, Edwards, R. 8. Tucker, Wm. F. Herman, Harvey Blade, O. F. Bruner, John Lauderbaugh. _ J. L. Sherwood Jas. Hoover, J. B. McCaulcy, N. M. Wood, John B. Alderman Hiram Brown, John F. Miller, Henry E. Boda, Wm. J. Acker, James D. Geary, James Galligan, Ralph Ross, Harry J, Maust, J. H. Thompson, H. W. Staley, F. J. Benson, David F. Hess. Chas. Burger, Geo. Spangler, W. H. Kuhl, Geo. W. Fchr, J. E. Phillips, Sherwood Simmons, Allen W. Smith Richard F. Draper, E F. Haney, Fr. Marter, James Frew, H. E. Bohall, Levi Day, David E. Williams, Jacob D. Sizer, Wm. Shugart, Calvin Eeknian. Oliver Sheoler, R. J. Porter, Giles I^. Tompkins, E. H. Tremblay, H. S. Reichard, Henry B. Terrill, Harry Bauchard, John L. Beury, W. E. Meehan Ghas. E. Phillippl Saml. G. Fogel John A. McNary, Thos. Albring, Owen S. Kramer, J. O. King, ;.- Wm. Waltenbaugh 20 10 1 17 25 7 59 13 30 29 211 1 2 1 1 2 S 2 13 •> 22 '2 11 « 1 8 23 1« 5 15 9 I 4 4 3 4 i 2 i 2 ' 38 fi 1 1 I i 1.1 1 1 1 1 3 1 1 1 3 ! 3 i 4 ; 1 1 1 V 5 15 1 1 3 1 CS e 3 c 17 4 1 14 18 7 48 12 23 12 3 0 ■> • > 7 0 U 1 415 25 ' 475 381 215 1,180 ! 235 935 ;{60 345 20 25 225 131 80 655 205 455 210 156 55 4.336 2.351 1 2 1 1 0 3 2 13 2 21 2 11 6 1 7 14 16 5 15 9 1 3 4 3 4 2 2 25 2 1 0 1 1 15 0 1 1 2 47 1 1 8 3 3 4 1 1 1 2 i 1 5 14 1 1 S 1 0 0 0 0 0 0 0 0 0 1 0 0 0 0 I 9 0 (I 0 0 0 1 0 0 0 0 0 13 0 0 1 0 0 0 1 0 0 1 u 0 0 6 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 20 50 10 10 0 75 250 : 50 : 525 I 100 110 i 175 ' 250 190 :i30 ; 585 300 ; !»25 240 10 40 ! 105 75 100 180 ' 50 620 I 20 0 I 0 i 100 j 255 i 0 ' 5 10 25 960 25 I 5 i 250 I 75 i 100 I 100 I "51 25 . 100 ; 30 I 25 ! 275 200 10 ■ 20 300 100 0 50 ; 10 10 0 75 0 505 25 350 0 110 150 250 165 255 585 100 650 215 10 40 105 50 .'lO 100 50 420 20 0 0 0 0 180 0 5 10 25 775 25 5 225 75 0 75 25 5 25 100 30 0 50 200 10 20 200 100 0 0 ) 1 2 1 .') 0 8 1 18 0 0 0 t 7 2 I) 0 0 0 3 0 o 3 1 0 0 0 1 2 0 0 ! 2 '» I 0 0 I 0 1 0 0 I 0 0 5 I 0 0 • ) 0 0 0 0 0 0 0 ') I 0 0 0 0 1 0 0 9 0 I 8 0 11 0 0 3 32 (I I) 0 0 0 0 0 3 1 (I (I 0 0 0 I) 0 0 0 1 0 0 0 0 0 0 1 0 6 0 0 0 0 0 3 0 0 0 0 1 f) 0 1 0 0 1 0 0 0 0 0 0 3 0 0 0 0 0 No. 22. Di:i'AltT.\IK.\T OF FISIIKIMKS. 117 •e a 0 to 2 00 u -w '^ 4J 1 CO > 3 Id a » 0 1 In e c u a c ! < 0 < ^ '^ i •-9 S a a < Ulen Lyon Rod and Gun Club, Capt. Jerry Drlscoll, C. W. Foster, (Constables. J. 11. Heilbaugh, P. C. Huckenberry, State Police, E. D. Herman, J. S. Reese, Jonah Gadley, Stephen Staley, P. G. Hare, 1 1 1 0 2 2 346 302 ' 1 1 1 1 2 2 4 4 5 5 4 4 1 1 2 2 : 8 8! ( 27 27 0 0 0 26 0 0 25 0 0 0 0 .) 0 .» 2 41 9,026 6,550 23 ^ — Z— — '— -— ■^-^ 0 40 1 40 0 0 0 35 35 0 0 0 85 10 1 1 0 125 125 c 0 0 50 50 0 0 0 90 90 0 0 0 200 0 ■> 0 0 800 600 1 1 1 f 0 0 1,225 950 ! 1 4 1 No ]>art of llic tines imjM>s(Ml tlii-ou«;li llic work of the re«»ul;ir wai*- snhse(jnentl\ look appeals. In addi tion to this there were a iminher of cases in which the d<'lendanls were by reason of jioverly, siver to the State Treasury. In one inslame a Couniy Treasurer by error in imikinji his returns sent to ihe Stale Treasury nearly JfLMK) as violation of the (Jame Laws and the error \>as not dis«-overed until too late to make the propei claim. A comparison of the work perfornuMl by the waiolluti(m were only To be made as a last resort, owing to the fact that the owneis of most establishments were under tin* impression that they were exem}»t from the law regarding ]i(d!ution. The ])ol icy was to visit the industrial establislimont. <'xamine the character of the pollution, intei view the owjum-. convince him llial he was amen able to the law and to suggest as far jis possible means I'o)- abating th<* nuisance. As this task required considerable tact I assigneVarden Shannon iias over half a dozen to his credit ami Warden Conklin nearly lwartmeul conn sel fees and securing a niunber of convi( lions which otherwise would have ended in acquittal through inability of the warden to undertake the case according to rule. I wish again to call your attention to the table and note that of the convictions fifty-six defendants ai>peale > has been doing its share to exter- minate fish life. While the streams were U»w the gig fishermen took advantage of the opj)ort unity and ished many streams throughout their length which would not have been possible if the streams would have been normal, as numy pools would have been too deep to permit fishing with a gig. Fishing with a ."^ig seems to have been more gen- eral throiigiiout the State this year than any previous season. On the night of September 22, a traveler on a train going from Al- tocma to Harrisbnrg counted 47 gigging lights on the Juniata river between Lewistown and Rockville. The same proportion of fishing by use of the gig seems to have e.xisicd in waters generally over the State and ntany streams are novr practically barren of fish sufficiently large to be caught between the prongs of the gig. Respectfullv submitted. J. W^ CRISWELL, Chief Warden, 120 UKrOK'J' OF THE Off. Doc. COURT OPINIONS. Din-iii^ the year llie wardens were aetive in enlorciug the law, bnt owing to the precedents established by former rulings of the Courts there were nol so many aj^peals because in almost every ease the de- fendant was caught in flagrant (h'Ucta or in the very act. Such be- ing the case (he (h'fendants liad litth' t'lse to do but plead guilty or to accept the decision ol the magislrale. There has been a cijmplaint that tli.- defendants in cases of violation of the lish law do nol have their rights suttlciently defended, but such is not the case as iias been proven a nnmbei- of times. The constitu- tieal. There is no snap Judgment in (he mader. In one of the cases (puMed below (hei-e was an ap|)eal in Luzerne county where the del'endaiK asked f<»r Ihe appeal; i( was promjMly gran(ed and after hearing (he case the jiulge se( asieace. lie appealeil (o (he Court of (2uar(er Sessions for a hearing and among his demands was (ha( he be accorded a trial by Jury. The cour( in a s(rong oi>inion denied this re(pies( because (he law does not provide for such trial any Jury as would lead us lo extend tha( method of administering Jusdce (o a single hairbreadlh beyoiul (he legal limi( already fixed." 'I'he cour( then |H'oceede(l to hear the <*ase de novo and after summing u|) all (he evidence presented reversed the verdict of the magistrate and discharged the defendant. The necessity of careful wording of statutes is shown in a decisicm in (he court of P»erks c<»uuly. The act of May lMI, 1001, reci(es (hal il is U»gal to use dip ne(s of ceiMain prescri^lKnl size and character during No. 22. DEPARTAfENT OF FISHERIES. 121 certain months of the Near. There is in the act however nothing which makes the use of these nets illegal at other seasons of the year and the court therefore held that a man who used a dip-net out of season in which they could !>e lawfully used was not guilty and dis- charged him. Whether this opinion would stand a test of the higher courts in view of their decisions declaring that onlv nu'thods of tak- ing fish are legal whieal to the Supreme Court which denied the appeal and the defendant!^ were com|>elled to pay their fine. In I'erry county the court decided in a tish basket case that the find- ing of the magistrate was not in accordance with the provisions of the act of May L'O, 1007, because the nuin was found guilty under sev- eral sections of the act and the act imposed a penalty of '^'20 tor each violation. The magis(rate only imposed one fine of J|20 and did not s(ate under which provisiiui he imposed the tine. The court held that under the act the magistrate had no discretion but must im- pose the fine for each act he found the man guilty. He therefore dis- m issued the case. In Columbia county some persons used a seine under (he provisions of the act of April lM;, 100."), using the same through (he ice unwh after the manner of a pocke(. The Conimar(ies $2.5 each from which they appealed. The Court of (Quarter Sessions ruled that the act did not sustain the eourention of the Com- monwealth and ordennl (he reversal of the Judgmen( of the magis- trate. Some (ime ago (he Wayne county court decided that an ac( of the Legisladire could not make a stream navigable where it was not so in fact and that ri]»arian owners cm such streams had the right to forbid trespass. This decision was most sweeping as if it is carried out to its full meaning there are very few streams in the State in which (he ]»ublic can fish. The court held that as the State hawer court. TRIAL BY .TTKY NOT A CONSTITUTIONAL KIOHT. \Vm. Walch was arrested on the charge of placing dynamite in cer- tain wateis and was convicted before the magistrate. An appeal was taken to the coui-t asking for a new trial and among the reiiuests was one that the defendant be accorded a trial bv jury. The court al- lowed the appeal but denied the request to be heard by the jury and br<»adly stated: "W'v have no such veneration for trial by jury as would lead us to extend tliat method of administering justice to a single hairbreadtli beyond the legal limit already tixed.'' The fol- h)wing is the opinion of the court: Susquehanna ('ounty, ss: Commonwealth ^ In Quarter Sessions, vs. VNo. 25. \yilliam Walcli. J April Sessions, 1007. Appeal by defendant fnmi summary conviction on charge of placing dynamite, etc., in certain waters, contrary to section 20 of the act approved May 20, 1001, P. L. 302. OPINION AND ORDER. Lpon his appeal, the defendant has submitted three requests, viz: (li To dismiss the entire proceeding for certain alleged defects in the record. (2) If the foregoing request be refused, then to grant a trial by jury upon the charge, or TB) To try the cas(> before the court, de novo, upon the merits. We will c(msi(i<»r these requests in the order of statement. The alleged defects in the recoi'd are set forth in defendant's motion to quash the information and proceedings, viz: Xrirst: — The information is defective in not charging the defendant with fishing with dynamite, nitroglycerine, torpedoes, electricity, <)uicklime, etc. Second: — The information is defective in not giving the de- fendant's addition of estate, mystery or degree. No. 22. DEPARTMENT OF FISHERIES. 123 Third;— The information is defective and void because the name John Doe is crossed or marked out in the same, and the name of William Walch inserted, without showing when, why, for what reason or by whom the same was done. Fourth:— The information is defective in not charging the de- fendant with fishing unlawfully. Fifth :— The information is defective is not alleging that dynamite, nitroglycerine, torpedoes, electricity and quicklime are either ex- plosives or poisonous substances. Sixth:— The information is defective is not charging the defendant With any criminal offense. Seventh:— The warrant issued in this case is defective and illegal; the words "alias Wm." showing to have been on this date, to wit, June 12, 1007, the date of hearing, freshly interlined in said war- rant, when the warrant was originally issued for John Doe. Eighth:— The information is defective in failing to negative the exceptions mentioned in the latter part of sectiiace any sub- stances in any watei* whatever except for engineering l)urposes, when written permission has been given there- for by the pro}»er National, State, City or County Offi- cial or officials. Any persons violating any of the pro- visions of this act shall, on conviction thereof, as pro- vided in section thirty-eight of this act, be subject to a fine of one hundred dollars and imprisonment of six months in the county jail." J 24 REPORT OF THE Off. Doc. Two distinct offenses are therein clearly prohibited, viz: (a) fish- ing with dynamite, etc., and (b) placing such substances in anv waters except for engineering purposes with written official per- mission. The information, it is true, does not charge the offense of "fish- ing," but it does expressly charge the offense of "placing." "Second" reason must be disallowed because it suggests a defect which at best could e judged bv the fine rules of criun'nal pleading. The "Ninth" reason musl be disalIow No. 25. William Walch. J April Sessions, 1907. Trial .July 28, 1908, before the cf fish baskets for the taking of eels, carp, suckers and catfish and prescribed it was to be supposed the penalties for violations of provisions of said act. Various requirements are set I'oith in the act and penalties are apparently prescribed for i^ersons who do not comply with the wording of the law. Under this act suit was brought against a man in Perry county charging him with hav- ing a basket not in accordance with the terms of the law. Betor© the ma<'istrate he was convicted and sentenced to pay a fine which the act'seemed to impose. His counsel certioraried the case to court where the procedings were reversed and the defendant discharged on account of the defective record of the magistrate. The following is the opinion of the court: Commonwealth of Pennsylvania vs. Cvrus S. Wright. of Perry county. Pa. In the Court of Common Pleas No. 1, January Term, 1908. No. 22. SHULL, P. J. DEPARTMENT OF FISHERIES. Opinion. ttT CERTIORARI. Oil information made before W. 11. Meniiiiger, lOsq., ihe defendant was arrested on a charge of violating the lisli hiws of the Cnninion- wealfh. The iuformaticm sets forth that on the 7th day of October, 1907, "Cyrus S. Wrighl did in the waters of the .Inuiaia river un- lawfully maintain and fish a lish basket. The bottom of said fish basket was not made of wooden sbits, with well i-oundait of the record over his ct'rtificate, it is clearly no part of a justice's record, and d<»es not warrant the courf in con- sidering it upcm a certiorari. The recs not include Ihe evidence. Ami. when such evi- dence is returned with the record upon certiorari, it may not be con- sidered by the court upon review of the cause; the regularity of the proceedings alone must control. (Comm. vs. Oipnei-. US i»a. :\7*).) The excepti(m is, therefore, dismissed. The seccmd ani that it did not bear the number of the certificate, in figures twelve inches in hMi'^th ; (4) in leaving basket unattended for one hour of the day time. And that a penalty of twenty dollars was imposed without designating lor which violation the sjinie was imposed. The finding «d' the justice is that the defendant '4s accordingly ccmvicted of th<» offense ciiarged upon him by the said inffuniaticm." The incpiiry naturally arises which ofl'ense? The fourth section of the statute provides tiial "for yi(dating any sjjecific lu-ovision of this act, such person shall be liable 128 HEPORT O^ THE OlT. l>oo. to a penally of twenty dollars," and in the seventh section it is en- acted that ''in all cases of conviction, the defendant or defendants shall be each sentenced to pay the penalty imposed by the section violated." It is apparent from the Justice's linding, and the penalty imposed, that he intended to impose but a single penalty for the viola- tion of a single otfense among those charged, because he says "of the otfense charged," and not oti'enses charged. iiu( the act clearly di rects that a penalty shall be imposed "for violating any specilic jirov^i sion of the act." If the language were doubtful as lo this, it is rendered certain by the fact that the penalties are not of the same amount in the ditferent sections of the act. Then too, if the act pro- vided the i)enalty of twenty dollars for a violation of any or all of the specitlc violations of the first section of I he act, under which the information is drawn, the penalty imposed would have been in ac cord with the statute; but the act does not stale, neither will it bear such construction. This being the fact, ihei-e is no means of de termining under which section^ or for which specific otfense in any of its sections, the fine is charged. An information, record, (U' in- dictment, must be sufficiently si)ecific in its description of oH'ouses and impositicm of its penalties (o j)rotecl against subscMjuent prose- cutions and penalties for the same olTense, and, from the i«H'ord here presented, it is impossible to discover for which specific otfense the penalty is imposed. In Carlisle vs. 15aker, 1 Vejitcs 471, whei-e two oifenses were charged under a borough ordinance, that of "Placing goods on the footway of the street or on the porch," or "suspend them from a pent house," and the evidence showeil a violation of both, viz., placing on the street and on the }n>rch, but liie penalty imi)osed did not covei' both offenses, the procedings on certiorari were reversed because the judgment was for too suuill a suui, and it did not appear for which otfense the jienalty was imposed. Not only is there un- certainty as to which of the violatious the penalty is to cover, and, therefore unlawful, but it is ecpially fatal, it it was intended to cover the several offenses charged under th(» res])e( ti\-c secticms. Where the statute fixes a specific sum as a i)enalty for certain offenses, the courts have no discretion or right to change or alter the amount of the penaltv; it is error to make it less or more that the statute pro- vides, (ifj A. & E Enc. 02; Town vs. N'erner, :) W. :J17. i The fourth excei)ti(m comi)lains that no alternative in number of days impris(mment, as set forth under the statute, is prescribed, upon failure to pay the fine. The authorities upon this j)hase seem to be in some conflict. In Comm. vs. Borden, (1 Pa. -12, Judge Agnew held that the alternate period of imprisonment need not be made a juirt of the sentence, while in Comm. vs. Irwin, 1 (Mark 408, Judge Hell holds to the conclusion tliat alt(.'rnative term of impris(Uiment should \ni made a part of tlie judgment of the magistrate. We are c(m strained to hold that where the fine or peualty directed lo be im posed by the statutt? is considered in tlie nature of a civil debt, and to be collected as uth]c, is untenable. The act coutemphUes the i>ayment of the fine to the justice, he being the N'o. 22. bEPAUTMENT OE EISUEUIES. 129 one authorized to iuipose it, and, in its sixth section, it provides for the manner of its disbursement. This exception is dismissed. Exception sixth. "The penalty imposed is not warranted in law since the fish basket authorized by the act of the 20th of May, 1007, is intended as an exception to the act of June 3, 187S, P. L. 160, pro- hibiting the use of fish baskets generally, and hence a license; and, if not within the description of the latter act, and in violation of the former act, the penalty sliould have been twenty-five dollars." We fail to comprehend the import of this exception. The act of 1878, section 22, makes it unlawful for any perscm to place any fish basket in any of the waters of this Commonwealth, and fixes a penalty for such violation in the sum of twenty-five dollars. This was fol- lowed by the act of May, 1001, P. L. 'M)'2, which makes it unlawful to fish for game fish in any of the waters of the Couuuonwealth in any manner except by hook and line, etc., or for food fish, such as carp, (atfish, eels and suckers, with any device not specifically permitted by the act under a penalty of twenty-five dolhirs. This act in Comm. vs. Sechrist, 27 Sujier. Ct. 420, is said to be a "codification of the former fish laws," jind is in turn followed l)y the act of the 27th of April, 1003, 1*. L. ;U0, (there being no intervening act, because, for- tunately, no regular or special session of the Legislature was held at which su< h act could be passed i, which said jict permits the taking of certain fish by means of a fish basket. It is liere c(mtended that the penalties provided for in tli<' act of 1007 rehite to the retention of game fish caught in the basket, and is .simply a peruiissive license, and the penalty imposed relates back to the act of lOO.'i, which fixes the penalty at twenty-five dollars. As reas(>ns assigned for such conten- tion, it is urged that thereby p-enalties would not be multiplied, which is not favored by ihe law, (Porter vs. Dawsim liridge Co., 157 Pa. ."107) that it harmonizes tlie first and fifth sections (►f the act of 1007, and comp()rts with the seventh section of Ihe latter act, whitions. And now, 17th March, 1008: Proceedings reversed and defendant discharged. By the Court, Jas. W. Shull, P. J 9— 22— 1008 l30 REPORT OF THK Off. hoc. THE QUESTION" OF PUBLIC J:^TKEAM». Under a decision oi" the coiu-t of Wavne county it was held thai an act of the Legislature declaring a stream navigable did noi carry with it the right of lishing where the rijjarian owners had posted their lands against trespassers. Uy a legislative act of LSI 1 the Lacka waxen creek was declared a navigable stream and under the provisions of this act the State by the provisions of a later act erected a bridgt* over it because it was a navigable stream. The defendant in the ease entered the stream from one of the abutments of the bridge and waded up the stream fishing. The owners of the land along the stream had placed notices under the trespass act forbidding trespassing and the defendant although he did not go to the shore was convicted of the charge of trespass made by three dilferenl land owners and lined. He appealed to the court of Wayne county which sustained th.' judg- ment, whereupon an appeal was taken to the Superior Court. As the defendant was pecuniarily unable to carry on the suit an appeal was made to the anglers of tiie State for funds to carry up the case, because, if the ruling of the lower court was sustainiHl the pub- lie waters in which the public could lish was limited to a very few streams, such as the Susquehanna and the Allegheny. The case was argued before the Superior Court which handed down a decision sus taining the Wayne county court. The decision is as follows: 1^' THE SUPEUlOli COUKT OF PENNSYLVANIA NO. PJ4— COM- MONWEALTH vs. FOSTER. Per Curiam, May, 1908: This case came into the court below by appeal by the defendant from a summary conviction by a justice of the peace for a violation of the provisions of the act of April 14, PJ05, P. L. KiJ), c-niitled "An act making it unlawful to trespass upon land posted as private pi'op- erty, and providing a penalty therefor." As an appeal from the iudg- ment of the quarter sessions in such a case does not bring up the evi dence, the case is not before us for review upon any (juestion of fact. We must presume, therefore, that all of the essentials to a c(mvicti(m, as set forth in the judgment, were established by competent and suffi- cient evidence, and amongst, these, the facts that the defendant will- fully entered upon the land of David H()i)kins, the relatcu-, without his consent, that printed notices that it was private land and warning all persons against trespassing thereon had been i)reviously posted bv the owner in the manner prescribed by the act, and that tlie notices re- mained so posted at the time of the alleged trespass. Nowhere in the record proper is it expressly stated that the land ui)on which the defendant entered was the bed of the Lackawaxen creek. It is con- ceded however, on all hands that such is the fact. Hut neither that fact nor any other fact upon which the court based its judgment quali fies in any degree the relator's ownership of the land." 15ut although his ownership is undisputed, it is contended that he cannot claini the No. 22. DI^rART>rEXT OF FJSIIERHOS. 131 protection of the act of J 005 (and if so he could not maintain the o?^!^']!!.?^ ''W''''' ^^ ^'"^'^Pass) as against one going upon that part of his land for the purpose of fishing, because by the prior act of 1901, the legislature declared that -public fishing shall exist," in certain waters, and amongst them "all waters or parts of waters that have been and niay be declared navigable by acts of Assemblv" in which class ot waters, it is claimed, the part of the Lackawaxen 'cri'ek where this allege,] trespass was committed was placed bv the act of 1814 Tt is not seriously claimed, at least, it cannot be successfully claimed, n.at ,his asserted right of the public to go upcm the land in (n.estion lor the purpose of fishing is a common-law right, nor that it was i-e served by the Commonwealth in its grant of the land to the relator's predecessors in title, nor that it was conferred bv the act of 1814 Iherefore, to sustain appellant's contention tliat he, as well as every other member of the general public, has this right, these propositions T?nnf *^^«'^^;'^«.'^^'^- First, that the Legislature intended by the act 3 .f*^' J" include in the designation ''all waters amri)arts of waters hat have been and may be declared navigable bv acts of As- sembly, every stream large or small, navigable or unuavigable, that have been declared a 'public highway for the passage of rafts, boats and vessels, (b) give to every member of the public the right to -o upon the land over which any such stream flows for the pui-pose of tishmg, and to that extent deprive the owner of his dominicm over the same; second, that his right still ccmtinues notwitlistandinell;uil's counsel that the Ipg- islation can be sustained Jis a legitimate exercise of the j.olice pc^wer, up(m the ground— jmd we must s(» c(»ntinue their ])riuted argument— that the jMiblic health :nid comfoiM will be subserved Ihoivbv. No case cited by the learned counsel goes to the extent, or anvwlieir near the imint, of holding that it is within the i)ower of the' Le-nslature to ]»rovide for the public the means of healthful recreation upon private land, and for (hat purposti to deprive the owner of this ][uh\ to contnd the us<' (,f it. without cj)osed that the section being a pei-missive (me a person who dily would be liable to c(mviction. In a case tried in Herks cimnty the defendant was charged with fishing a dii)-net in February. 1908. The di]»-net was of the legal si/e and tlie man took suckers. The alderman fined the nian for a viola tion of sections two and seven of the act and an appeal was allowed by the court. The court of P.erks county decided tliat owing to the fact that the section did not make it unlawful to use a diji-net during the balance of the year the defendant was not guilty and discharged him. Following is the opini<»n of the court: Commonwealth vs. Brensinger. Appeal from Convicti be regarded as unconstitutional. In point of fact, the (mly perceptible dill'erence between the pres ent case and Comm. vs. Kennev is in this, that here the defendant neither intended to catch nor did caich anvlhing but suckers, whilst there the (hMVndant's ai t was fishing generally. Ihoiigh suckers im]v were foumi in his po.ssession. The (|ueslion of ihe constituticmality of the act of 19t)l as ajiplicable. under iis title, to anv hut the game and food fi.sh enumerated in se(ii(m I aiul particularlv to surkeis not tiKM-i' menii(med, is discussed with rc^ference i<» tiie rule that everything reasonably suggested by the nanire (.f the subject of the title as necessary or a|)j)r(>priaie for the accomplishmi-ni of its ex])ressed jmrpose is sunbienlly indicated by it. The contention, 'hat no p()rti«m of ihe statute <]ealing. as insedions (1. 7. S. !f. || and 8L with li...h iioi inclmh-d in the defined classes of game and food fish may be ignoied. is rejcM ted : p. T^s. The ol.jeei sial"d bv the title "to regulate ihe catching and encourage' the i)ro|)agatioii of game and food tish.* embraces, ii is said at p. .")17, not (' ihnt kind, but only suckers, were found in their i)ossession being deemed not to negative it as against the pre- sumjjtion dtnlared in section *»7. But in the case now under con- sideration the purpose t<> catch game or food fish as defined in the statute is excluded. 'J'be defendant was fishing for suckers and caught nothing but suckeis. The second section of li»e act of 1J)(H, therefore, does not ap[»ly, and the question arises whether what the defendant did is made punishable hy any other provision in the statute. The Common\Nealth relicts on section 7. which enacts Ihaf "it shall be la\\ful lo fish * * * during the months of March, Ajuil, May, Ovtober. \ovemlM*r, and December, with dij*- nets, for * * " suckers; piovided "the nets be of a prescribed kind and thai "any olhei- tish thai may be ca]>tured"' therein be at once returned to the water, — and concludes with the directiim that "any person" * * viidating ilie provisions of this section shall, on conviction thereof as provided in section '>S of this act. be sub- ject to a fine," etc. Litei-ally inteipreted this clause can be regarded as referi'ing only to ilie directions con<-eining the uef and the i-esto- 1 at ion of other fish caught in it. (A person fishing for suckers dur- injr anv of the mouths nol enumeraterovisi(ms making it lawful to fish during lli<»se months unless that ]>rovision is ti-eated sis foi-birohibilion on that ground would he lo put it into the statute by ( oust ruction. I II was held in Comm. vs. l>(«rcaw, 30 Pa. Sujjer. Ct. .'i35, that the ;i( t of V.HM is a penal statute and ms such subject to the rule of strict rnusirun: Comm. vs. Cooke, oO l*;i. 201, 207: Counii. vs. C.ouger, 21 l^i. Su])er. C{. 217. 2:^1; Comm. vs. No. 22. iJEPAltT.MENT OF FiSIli:itlES. 13r> Miller (No, 1) 81 ib. 309. The constructi Wheat. (U. S. ) 7(1, 105. There is nothing In section :\\ c;ii»Mble'«.f supplying the negative onjitted from section 7. Accepting, therefore, the decision in Comm. vs. Kennev as settling the c- nets of the kind here used jii any oilu-r time than during the months enumerated.) It is conceded that had the defendunt fished for game or food fish, he would have to Ise deemed obnoxious to ihe j»roliib7ti(m <.f section 2 against fishing with a device not spjnilicjillv j.ermitted by the statute, though he caught nothing but suck(M-s, JK-causo sec lion 7 in specifically permitting their taking with dip-nets enunier ates certain nu>ntlis of which February is not one. It muv also be conceded that had tlie delendant fished for suckers with a dip net dirterent fi(»m that d(»sciibeenal clause of section 7. l\u\ ir seeuis^ imj.ossible t(» tind in th(^ deplied as it must be to its fact^s: AfcFarland vs. Ins. (%>., l;M I»;k IIMI. i;<)l : Hank vs. Cage, 4 Pa. Su|>er ('t. 505, 500, uuthorily for anylhing beyond that, or'tii extend its doctrine to facts such as here presenled willioul lunning counter to well .settled ;ind elementary jn'incjplcs controlling in tie ;ioc. 'I'liis rnsc oiigiiijiU'd Iicfoic ji jusnco of Ihe j>eaert, tiie Fish Warden, an appeal was allowed. The presenl j)ror(^ding is an application to qnasli the appeal for the reason that neither the Constitution of Pennsylvania or any act of Assembly allows an apjteal to the (yarty nuiy appeal." Tlu' act of 17th (►f Apiil, 1S7(», I*. L. 2!), i»ro- vides that, "In all cases of siiiiniKirij (•(mricl i * * uj»on allowance of the said Court of Qimrtei- Sessions, Provided that, all ai»]>eals from ,sniinnrovisions, tlu' 2bth section under which this in- formation was made ]»r(.viding that "Any person violating any of the provisions of this act shall ui»on convi«tion be subject to a fine of one hundred dollars and imprisonment of six months in the county jail." Hence ir is our duty to ajjply the well established i)riuciples of law that j>enal statutes must be stiiclly constjued and never ex- tended by inq>li( ation, that in case of doubtful lueaning they shall be coustruet as to its mean- ing it is the duty of the court not to inflict the punishment. It is argued hx the appellant that the C(mslitutieal might be taken live days after Irial" instead of "r(,nrieen able to discovcM- there is no case in Penn- sylvania when the question as to iIm' right of the Commonwealth to api>eal in case of the acquittal of the def'Midanls in a summary pro- ceeding has been «listinctly raised. However the (piestion involved has been (ousi^b'red by tic higher (ourts of other states and derid(Ml against the right of appeal by the Commonwealth. In Peoi»ie vs. Miner 1!), L. K'. A :Ul?. the Su])reim' Court of Illinois, construing an aet (»f Assembly, somewhat similai- to the one now before us. and when the act cd' Assembly allowed an ap])eal on ]»art of the State held, "A statute giving a right of appeal fi-om an actpiiital in a criminal case for illegal tishing to thv> party making the c(miplaint, or to any person giving the necessary bonil ^o. 22. DEPARTMENT OF FISIIEUIFS. 1 O" is in violation of the constitutional provision that no person shall be twice put in jeoi)ardy for the same offense." In the case above cited the defendant was tried before the justice and acquitted the informer appealed. It was ruled that such an appeal was forbidden both by the common law and the constitution. In I»eople vs. John, York Co., 80 111. Ap].. l(i:^>, it was held that the State had no right to appeal from the ac(iuittal of the defendant upon a charge of violating the I»harnuicv Act. In Portland vs Erickson, 30 Or. 10, (12 pac. 75;{, held tha't the city cannot appeal from the acquittal of the defendant of a change for' violating an or dinance punishable by tine or imprisonment. These authorities but follow the trend of the decisions of our own c(mrts that when the defendant is discharged by a justice or ac- quitted by a jury that particular case is at an end, although in some instances the charge may be renewed in a d liferent form or Ijefore the same or on different. The case of Comm. vs. Kenney, :i2 Super. Ct. I{ept. 544, and Comm. vs. Immel, ;i3 Pa. Super. O Hepts. .S8S, have been called to our atten- tion where an appeal was allowed to the Commonwealth. Suffice it to say that the question now before us was not called to the attention of either the lower or the appellate courts. Other objections have been made before us to the constitutitmalitv of the act of 1901, and the imimssibility of com})lying with that i)or- tion of section 2<>, that reijuires permission to be obtained from the proper National, State, city or county officials to use dynamite. Some of these objections we believe are well taken but we will not discuss them now. We rest our decision upon the broad principle that the defendants having been discharged by the justice of the peace, after a full hear- ing, the Comm(mwealth or the informer has no right of appeal. And now May 15, IIIOS, the appeal is dismissed. in' THE COUKT. To which order the Commonwealth excepts at its request bill of ex ceptions sealed. W. D. PATTON, P. J. (Seal. I APPEALS IN SUMMARY CONVICTIONS. In 1007, Edgar A. Weimer and three others were arrested in the city of Lebanon and convicted in summary proceedings before Alder man Landis A. (Jerberich for violating sections 2 and 15 of the act of May 21), 1001, regulating the catching of fish. From the verdict of the magistrate the defendants aske Appeal from Quarter Session of Commonwealth J Lebanon County. Filed July 15, iy07. Kice, P. J. : We are asked in tliis ca^e to reverse the action of the court below in refusing the defendant's jietition for the aHowance of an appeal from a summary ccmvictiim before a magistrate, without having be- fore us the transcript of the magistrjite's record. All tliat we have are the defendant's i)etition, and the order of the (ourt refusing the appeal. The C(mstitutional provision upon the subject, which was carried into effect by the act of 187() is as follows: "In all cases of summary conviction in this Commonwealth, or if judgment in suit for a penalty before a magistrate, or court not of record, either partjk may appeal to such court of record as may ))e j)rescrihe(l by law, upon allowance of the appellate court or judge thereof upon cause shown." As was said in Thompson vs. Preston, 5 Pa. Siii)erior Ct., 1.54, and again in Comm. vs. Jlcndley, 7 i*a. Su]>er. Ct. ;{5(j, neither that provi- sion of the constitution nor the act of 187() contemj)latcs that an ap peal shall be allowed merely because the party desiring it is dissatis fied with the result of the trial before the magistrate; the whole mat- ter rests in the sound discretion of the court below. And again as was said in the latter case "without going outside of the recorti proper, we cannot know just what was considered by the court below. It had the right to look at the evidence ofl'ered before the magistrate, in behalf of both the Commonwealth and defendant, and other mat- ters which may not be examined into here, as the appeal to this court may be regarded as a substitute for a certiorari.'' rndoubtedly for an abuse of discretion the party aggrieved by the refusal of the ap- peal would have a remedy in this court, but the abuse of discretitm must appear somewhere in the proceedings sent up to us for review. Apparently the decision of th.e case before the magistrate depended upon the determination of questions of fact aiising upon the evidence submitted to him and in determining whether an api>eal should be al lowed from his decision the court was not cimtined to a mere examina tion of his petiti(m nor compelled to take its allegations for verity. Many things might occur ujKm the hearings of such an ai)])lication which it would be j)roper for the court to consider, but which we can- not consider because there is no way to bring them up(m the record. It is suggested in the a])i)ellant's argument that the lase raises a difficult question of law, and we may say that if this appeared in the transcript of the magistrate and the transcri])t were before us this might be ground for holding that the court ought to have granted the appeal. I5ut, as we have suggested, the transcript is not sent up and it is impossible to see Iioav we can convict the court below of an abuse of discretion, unless it is held that upon an ai>i)eal from the action of the court the facts averred in the petition must be accepted for veritv Ku. 'S2. DEl'AUTAJENT OF FISIIEHIES. i::i) i We are not prepared to go to that extent. \ye see no substantial ground upon which we can base a decision substituting our discre- tion for that of the court in which it is reposed by the statute. The appeal is dismissed From this decision of the Superior Court the defendants appealed to the Supreme C(mrt which refused the appeal as is showed by the following record: IN THE SliPKEME COUKT OF PENNSYLVANIA. In Commonwealth vs. Brandt and same vs. Weimer, 4 cases in petition for an allowance of an appeal, this court has made the fol lowing order: September 21, 1908, appeal refused in each case. Per Curiam. THE QUESTION OF SEINES. Some time ago some men were arrested in Columbia county for using seines under the provisitnis of the act of Ajn'il 2(i, 11MI5, the Com- monwealth cljiiming that the manner in which the seine shouhl be used is illci'al and that the seine could onlv be used as a sweei*. Thev were found guilty by ihe justice of the peace and lined $'2T) from which decision they aj)pealed. The ('ourt of Quarter Sessions reversed the judgment on the ground that the manner of tishing is not illegal. The following is the o[>iniou of the court : ('onuuon wealth of Pennsylvania vs. James (i. Harrison. ] In the Court of (Quarter Ses- I sions of ("olumbia County. I No. 15 May Sessions, 1008. I Appeal from Summary Convic- J tion. Case Stated. Opinion of the Court. This as an actilaiued of was committed within siud county: that the tlefendant's act coujplained of was committed within said c(»unty: that the de- 10 no KEPuH'i' ov Tin: Off. 1>.X' iendaut, with other persons, wns engaged in fishing in said stream February 4, 1908, and was not fishing witli rod, hook and line, or with handline having not more than three hooks; that the defendant was fishing with a seine-net in said rreek for carp, suckers and mul lets; that tlie nieslies of the seine-net were not less than four inches in width or two inches from knot to knot; that the defendant had first given bond with surety in the sum of |2(M) conditioned that all fish other than carp, suckers or mullets should be immediately re- turned to the waters from which taken; that the said bond was ap- l>roved and forwarded to the Dei)ariment of Fisheries; and that the defendant did not fish for or take from said stream any fish other than carp, suckers and mullets. (2) That in fishing as aforesaid the defendant with the assistance of other persons used a seine-net in the following manner: (a) They (meaning the said defendant and the other j)ersons engaged with him in fishing as aforesaid) first cut a channel or opening through the ice formed over the the said stream at rigln angles with the current thereof, about twenty or twenty-five feet in length, and twelve tn fifteen inches in width, said ihannel extending to within a few feet of either shore line. (b) The said defendant then went some distance be- low the point where the said channel was cut into the ice and by walking, pounding, etc., on the ice, drove the fish up stream and beyond the point where the channel was cut across the ice. (c) Defendant then lowered the said seine net into said channel and held the bottom or lead line thereof secure by means of loose i)oles |)laced at intervals along the channel afoi-esaid, and held the top of the net taut l>y securing the ends thereof. (d) That thereupon, while the said seine net was in the above described j)osition, the said defendant or other l»arties aiding in said fishing went some distance below ( above 1 the said net and channel cut into the ice, and by walking, i>ounding on the ice, etc., drove the fish down stream, toward, and into the said net; by means of which they were caught in said net ; whereupon the net was lifted out of the channel by raising the lead-line out upon the surface of the ice, and suckers and mullets were then and there, and in said manner, by said de fendant, caught, taken and retained from the said stream of Fishing Creek, all in the county of Coluiubia, afore- said. That if the court be of the opinion that the above action, conduct and fishing by the said defendant was in violation of the provi- sions of the act of Assembly of May 20, 1001, and was not rendered lawful by the provisions of the act of A\m] 2(5, 1005, entitled "An act permitting the taking of carp, suckers and mullets, by means of seine nets, etc., then judgment to be rendered in favor of the ('ommonwealth aftirming the convicticm of the said defendant by the said justice; but if the court be of the oj>inion that said conduct, figh- No. 22. DEPAUTMENT ( ►F FISriERIES. 1-11 5! (I ing and action by the defendant was lawful under the provisions of the act of April 26, 1005, aforesaid, then the c, 1005, V. L. 310, provides "That it shall be lawful to fish in any waters of this Commonwealth from Sep- tember first until June twentieth in<'lusive in each year, with seine nets, for carp, suckers and mullets: l*rovided. That the meshes of said seine nets shall not be less than foui* inches in width, or two inches from knot to knot: And provided further, that before any person or persons shall be authorized to caterson or persons reside; the same to be for- warded to the Department of Fisheries." Section three of the said Act of 1005 provides that "All acts or parts of acts inconsistent therewith be and the same are hereby re pealed." The pinch of this case is, whether or not the defendant being li- censed under the provisions of the Act of April 26, 1005, P. L. 310, to use a "seine net" was permitted to make use of the same in a manner as above stated. From the fa<'ts agreed to in this case we think it may fairly be conceded that the defendant lumestly believed that he had a lawful right to fish for and to catch carp, suckers and mullets with a seine net in the way he did. The Act under considerati(m is a penal statute and the rule of strict construction ai)plies. Penal statutes must be given their plain and literal moaning. The ninth section of the Act (»f May 20. 1001, makes it lawful to catch with seine nets, cari> and suckers, at any time of the year in anv of the waters of this Commonwealth, not inhabited bv trout. But there is no provision in the Act for taking of carj) and suckers with any sort of net in such a stream as Fishing Creek, which is inhabited by trout. The Legislature perhaps realizing the eliujinatiim of carp. M2 RErOU'l' OF THE Off. Doo. suckers and mullets from trout streams was an advantage to the pro- pagation of trout withdrew the former restriction as to the use of seine nets in trout streams, and by the Act of April 20, 1905, per- mitted the taking of carp, suckers and mullets bj means of seine nets in any of the waters of the Commonwealth from September first to June twentieth in each year upon certain conditions, viz: (a) That the meshes of said seine nets used shall not be less than four inches in width of two inches from knot to knot. (b) That before any person shall be authorized to catch any carp, suckers and mullets by means of said seine nets, he shall first give bond in two hundred dollars to return all other kinds of fish unharmed to the waters from which taken, the bond to be approved l>y the courts of the county, etc. The Act of 1905, further provides for tlie for- feiture of the bond and the infliction of a fine for any violation of its provisions and for the summary ctmviction before a justice of t\u- peace or magistrate of any ofi'ender. If we compare the Act of 1905 with the earlier Act of 1901 it is apparent that the Legislature did not have in mind in passing the Act of 1905, so much the protection of «arp, suckers and mullets, as they did the protection of game fish that inhabit the same streams. They materially enlarge the right to catch the former kinds of fish by permitting the use of the seine net in any of the waters of the Commonwealth, where before such use had only been permitted in streams not inhabited by trout. The facts show that the defendant was fishing in the waters of the Fishing Creek, with a seine net, and by means of a seine net was catching and taking carp, suckers and mullets, and that he had given the required bond. The Commonwealth contends that the manner in which the de- fendant was using the seine net was not the ordinary and usual man- ner in which such a net is used, and therefore, the Act of 1905, fur- nishes the defendant no defense. This contention is put upon the ground that when the Act of 1905 uses the word "seine net" it means a seine net which shall be drug along the stream and pulled into shore according to the ordinary usages of such a net. On the other hand the defendant contends, that while 'such a re- striction may be a very wise and proper one to make and may even have possibly been in mind of the Legislature nevertheless such a re- striction of the manner of using this net is not in the Act, and that this is being a i)enal statute, the defendant cau (mly be ( onvicted for doing something which is i)lainlv prohibited bv the terms of the Act itself. The use of the seine net is referred to four different times in the act. Once in the title and three times in the body of the act. In none of these references is there the least attemi>t to define, restrict or limit the manner of usinf/ the net. The title of the act is as follows: "An act permitting the taking of carp, suckers and mullets, by means of seine nets, etc. Section one provides that it shall be lawful to fish, etc., ''with seine nets.'^ In the ninth lino of the same section, the following language is used, "to catch any carp, suckers or mullets, by moans uld be likelv to fish with a seine net for such t.- • fish are covered with ice. If it were only lawful to fish with seine nets as the Counucmwealth contends in this ease, then, before the lished it is not likely there would be any fish there to be caught. We can scarcely believe that the Legislature intended to impose such an unreasonable burden up(m any citizen who is licensed to catch carp, suckers and mullets by means of a seine net when the streams are covered with snow and ice. It should not be declared that the Legislature intended the Act of 1905, to restrict or limit the manner of using the seine net unless that intent is clearly ap])nrent in the words used. The Court should not go outside of the language of an act to find some supposed intentiorted as inadequate or superfluous, they ai'e still the only interpreters of the mind of the Legislature. Index animo sermo. The Court knows nothing of the intention of an act, exce])t from the words in which it is expres.sed, applied to the facts existing at the time; the iiKianiug of the law being the law itself. It is upon this ground that the rule must have its rational foundation, which, where the words can bear l)ut one meaning, declares that there is no room for interpretation. If the construction of a statute were not esen- \4A lUOl'OltT OF Till-: OIT. Doc riali.y the const luction of its language, there could be no reason for binding a Court to the clear meaning of an act working an injustice or inconvenience unforseen by the Legislature. Yet it is clear, that, to give it a construction contrary to, or different from that which the words import or can possibly import, is not to interpret law% but to make it; and the Judges are to remember that their office is jus dicere, not jus dare. Every departure from the clear language of a statute'; IS, in effect, an assumption of legislative powers by the Court. It has, indeed, been intimated that this is the case whenever the Court per- mits the c(msideiati(m of cemsequences to dictate the constructiart from the settled meaning of the words or phrases in order to bring pers(ms not named or distinctly described within the supposed purpose of the statute." r. S. vs. Harris, 177 V. S. 805. (20 Sup. Ct. Kep. (509) ; U. S. vs. Wiltberger, 18 U. S. 7(>. Henderson J. in speaking for the Superior Ccmrt in Comm. vs. Shal- een, 30 Sup. Ct. on page 11, says: "Although no good reason may appear to the Court why a limita- tion of the term used in the statute should have beth, 1005, the conviction of the defendant by the Justice ni' the Peace is reversed and set aside and judgnieni entered in favor of the defendant. By the Court, CIIAS. (\ i:\'ANS. P. ./. 10—22—1908 1 4<.; IIEPORT OF THE OIT. Doc. A SlTiMMARY CONVICTION NOT SUSTAINED ON AN APPEAL. In j.uzerne County Ira Boyd was convicted of violation of the tish laws in a trijil before a magistrate. The case was one of summarv conviction and the defendant took out an appeal by leave of the Court as prescribed by the Constitution and the Act of 187G. The case was duly heard before the Court, when after reviewing the case the Court declared the defendant not guilty in the following opinion. The case IS cited here to show how carefully the rights of a defendant are safe guarded by the law in cases of summary conviction. Luzerne County, ss. Commonwealth vs. Ira Boyd. Appeal from summary conviction for violation of the fish laws. In Common Pleas, No. 324, June Sessions, 1907. No. 99, Sept. Sessions, 1907. OPINION AND JUDGMENT. The defendant was summarily convicted and fined 1145 on a single sentence for (1 1 "fishing with, as owner or operator, five fyi^e- nets, with(»ut having thereon a metallic tag ccmtaining the name and address of the owner," and (2) "having in his possession two dead perch caught with an illegal device and in an illegal manner."' Upon trial of the appeal allowed from this conviction, the fads were established by agreement in writing between the District Attornev and Counsel for Defendant. The only incriminating facts upon which a conviction could possibl v be sustained are the following: (1) "That two dead perch were found l)y the informer, who is the prosecutor, in a fish box belonging to the defendant in the waters of a pond owned by him near his boat house." (2) ^'That five fyke-nets, without metallic tags containing the name and address of the owner, were found lying ui>on the bank of the pond and about fifteen feet from the water. No nets were found in the water or in place for fishing." We are askcMl to infer from these bare facts Ci) That the defendant actually fished with the said fvke-nets, and (2) That the said perch were caught with an illegal device, namelv with the said fyke nets. The ])resumption of innoceiue wliich <>perates in favor of the ac- e not guiltv and set aside the summarv conviction. l-iH KKPOKT OF THE Off. Do<\ FROG WORK. No information of any value was added during the year to what the Department already possessed with respect to frog culture. One reason possibly is that other and very important urgent work made it necessary to suspend close investigaticm at all the hatcheries ex cepting one. The greater part of the output of frogs and tadpoles in 1908 was through the medium of field work in Wayne and Philadel phia counties. The building of a road forced the abandonment of the temporary pond at Wayne and the construction of new ponds at Torresdale caused the temporary abandonuient of tho frog pond at that station. At the Crawford Hatchery, Conneaut l.ake, only were the frog I>onds maintained and investigations continued. Even their frog work was hampered on account of the great drought, which at one time completely dried the ponds and badly effected the yearlings and two year-olds whkh were being reared there. On one occasion it was necessary to carry water in tubs from the uiain stream which flows through the grounds in order that there should be water. It was while doing this that the only new interesting feature in frog work was noted. In effect it was that where a pond becomes dry by evaporation, frogs and even tadpoles having only the hind leg's developed will seek moist places and be able to maintain an existence for an undetermined period. To ascertain how bmg frogs and par- tially developed tadi)oles will exist in this manner will be one of the duties of the Superintendents of the hatcheries the coming year. r OFFICIAL DOCUMKN'T, No. 22. INDEX Apwlicatiou for fish , Artificial Hatching of Sunfish Egjrs Adtlres.ses at Launch of the "Perry . " Address of Hon. A. E. Sisson .\ddress of Mayor Liebel , A 10 14 17 17 17 1!) •)•> 51 5.-! !>5 98 114 120 18 27 40 20 23 51 5 58 89 91 18 24 20 20 28 39 41 4S im INDEX. Pagp. ^^rogs 7H.S2.14K Floods at Spruce Creek ^02 Field Work on the Delaware Rivor 11 1 Fish Baskot F^aw too Vagrue , ^ 21) (ioldfisli , go Ilerrins: Work , ^ j.> Injury to Fish from the Droujriit 27 International Fish Congress *^' International Control of Boundary Waters 44 Letter of Transmittal 2 Letter of II. Heinrich, Jr., 1^. Launch of the "Commodore Terry,'* 3«) Legislation between Pennsylvania and MaryUiiid 4S Lake Trout Tu McCalls Ferry Dam 42 National (Government Relations , 3U Nesley , Chas. II. , Report of, ](>7 -\«) Appeal in Case of Acquittal l.Ti Outputs 10 Open Sea.son for Non-Nost IJuildin^i I'islirs 37 Permits Issued , |;» Planting Fish Properly 21) 1 'ike Perch ^ Pollution 4;{ l'i<*kpi'el 7;L71) Public Streams l,'i(j Question of Public Streams i;^0 Question of Seines i;^jj Report of Board , 5 Report of Commissioner jq Relations with National (4overnment 3lj Revision of Laws for Interior Waters ; 4^ lieport of Hatchery Stations SI Report of Corry Hatchery 51 Report of Erie Hatchery r^\ Report of Bellefonte Hat Report of Erie Auxiliary g;^ Report of Crawford Hatchery 95 Report of Spruce ('reek Hatchery 10] Report of Charles H, Nesley I(,7 Report of Chief Warden 114 Spruce Creek Hatchery , 2;^ Saving Fish during Drou;;ht , 2K Silver Salmon 21) 72 Susquehanna Salmon ;^ Screens and Fishways jjy Small Mouth Bass 74 Shad, gll Sturgeon s | . n ;; Spruce Creek Hatchery , Report t.f ],,! Spruce Creek Hatchery Distribution lo.-, Summary Conviction not Sustained on Appeal 141; Transmittal , Letter of jj Torresdale Hatchery .J^f The "Commodore Perry , " 3q Trout Season , [ 3jj Torresdale Hatchery, Report of [ 79 Torresdale Hatchery Distribution " g5 Terrapin ' «.', INDEX. Trial by Jury not a Constitutional Right, ... Uniform Legislation for the Delaware Rivpr, A'alue of Catch on Lake Erie, Volunteer Work in Saving Fish Wayne Hatchery Water Pollution Wayne (bounty Hatchery, Report of , Wayne ounty Hatchery Distribution When is a Dip-Net Illegal ? Yellow Perch , 151 Page. 122 46 14 28 21 48 71 75 132 74,79 J I (152) END OF YEAR ^-.