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First Anneal Report

of the

(om missioners of Tisneries,

(Jame and [orests

of the

Siac oe; New ork:

WYNKOOP HALLENBECK CRAWFORD co.,
PRINTERS.

ae YORK AND ALBANY,
‘ 1896. :

Dia of New Cork:

Commissioners of Fisheries, Game and Forests.

Barnet H. Davis, President,
Henry H. Lyman, Commissioner,
William R. Weed, &
Charles H. Babcock, f
Edward Thompson, Se
Franklin B. Mitchell, Secretary,

Standing

Forest Preserve and State Lands,
Executive,

Hatcheries, Fish Culture and Game,
Shellfish, Licenses and Permits,
Legislation,

Committees.

Messrs
Messrs
Messrs
Messrs

Messrs

State Fish Cattarist.

A. Nelson Cheney, . é : 6

Palmyra, N. Y.
Oswego, N. Y.
Potsdam, N. Y.
Rochester, N. Y.
Northport, L. 1., N. Y,
Albany, N. Y.

. Weed, Lyman and Davis.

. Lyman, Babcock, Davis.

. Babcock, Thompson, Davis.
. Thompson, Lyman, Davis.

. Davis, Weed, Babcock.

Glens Falls, N. Y.

Seperintendent of Hatcheries.

James Annin, Jr.,

Caledonia, N. Y.

Saperintendent of Forests.

William F. Fox,

Albany, N. Y.

Chief Game Protector and Forester.

Ifa We Pond, 5 ; ‘ :
Wm. Wolf, Clerk to Chief, etc.,

Assistant Chief Game Protectors

John E. Leavitt, °
Mannister C. Worts,.

A. J. Mulligan, Audit and Pay Clerk,
A. B. Strough, Special Agent,
M. C. Finley, Special Agent,

J. J. Fourqurean, Stenographer,

Malone, N. Y.
Albany, N. Y.

and Foresters.

Johnstown, N. Y.
Oswego, N. Y.

Albany, N. Y.

Palmyra, N. Y-
Albany, N. Y.

Table of Contents.

PREFACE, c 6 0 0 . 0 6 : 0 .

REPORT OF COMMISSIONERS, . B 5 i . c
PURCHASE OF LANDs, : : é : : C :
FINANCIAL REPORT, . : j : é é 6
SUMMARY OF DISBURSEMENTS, . ; : 5 C :
ACCOUNT OF FINES AND PENALTIES, . : a .
Account or NET LICENSES, . ; : : Ac
OysTER FRANCHISE AND LEASE ACCOUNT, . : 9

REPORT OF THE SHELLFISH COMMISSIONER, j : 9
REPORT OF THE SUPERINTENDENT OF HATCHERIES,

Foop For FisHes, py A. N. CHENEY,

COMMERCIAL FISHERIES OF THE INTERIOR WATERS OF THE STATE,

MASCALONGE, PIKE, PICKEREL, PIKE-PERCH, By A. N. CHENEY,
SHAD OF THE Hupson River, BY A. N. CHENEY, : :
THe Rainsow Trout, By Dr. TarLeTon H. Bran, 5 .
THE Brown Trout, By R. B. Marston, . 0 : 3
OUANANICHE, BY E. T. D. CHAMBERS, : : : : 5
INSTRUCTIONS FOR TRANSPORTING AND PLANTING YouNG FisH,
INFORMATION FOR ALL WHO APPLY FOR STATE FIsH, : :
REPORT OF CHIEF GAME PROTECTOR AND FORESTER,

REPORT OF SUPERINTENDENT OF FORESTS ON THE ADIRONDACK
ForREsST FIREs, ; 3 : , ; ; j : ¢
THe CHINESE PHEASANT, BY Hon. S. H. GREENE, . 9 :
SUMMER WooDCOCK SHOOTING, BY G. HILLs, S 3 é

FISHERIES, GAME AND Forest Law, Z : 5 5 F

PAGE

Dist of Mlastrations.

FRONTISPIECE, 5 : 5 :
THE Brook Trout, 6 P
THE ATLANTIC SALMON, : 5 5
“An IpEAL TRouT Poot,” .
“ LANDING A Bic Trout,” . 5 ‘

AMERICAN LOBSTER, :
THE COMMON EDIBLE OR BLUE CRaB,
Brown Trout CAUGHT IN CALEDONIA CREEK,
THE WHITE FIsH, ; 3 a

RounbD WHITE FiIsH, )

Cisco oR LAKE HERRING, (

THre WHITE PERCH,

THE YELLOW PERCH, \
SrripED Bass or Rock FisH,
THE SAUGER OR SAND-PIKE,
‘““ FLY-FISHING FOR BLAck Bass,”
THE SMALL-MOUTHED BLACK ‘Bass,
Moss From CALEDONIA CREEK,
FRESH WATER SHRIMP,

May-FLy, . ;

Tue LarRGE-MOUTHED BLAck Bass,
CaADDIS-FLY,

Cappis WORM AND CASES,

CyYcLops,

DaPHNIA PULEX,

DapHNIA BEARING EGGs,

THE CRAY-FISH,

TEST-NET, .

Tue PIKE PERCH OR WALL-EYED PIKE,

THE MASCALONGE, ; : 6

Facing

ce

ce
ce
ce

(74

6

4

ce

“ce

“a

(73

15

74

a4

PAGE

70

ye)

70
70
99
100
103
104
105
106
108
109
bi ie)
III
112
II4
116
118

I20

LIST OF ILLUSTRATIONS.

PAGE

THE PIKE, 3 ; : : ; j 5 6 - Facing 122
Part OF CHEEK AND GILL CovERS OF A MASCALONGE, 6 . 122
EG “ “ a PIKE, c ° . : 123

““ “ & ae PICKEREL, 6 3 5 123
Tue PIcKEREL (from the Upper Hudson River), . 5 . . be 124
THe PrickEreL (from a pond in Massachusetts), 6 : C 6 ee 124
‘TROLLING FOR BLUEFISH,” 0 0 5 . . . 125
THE (SHAD, — . : ¢ : : 0 5 6 ° « 130
“ An AwKWARD ANGLER,” c ° . 5 6 135
THE Rarnsow Trovt, : 6 : a 6 6 0 Gs 136
Rarinsow Trout (adult), . é : 0 . 5 : & 138
ds 66 (young), . 5 3 0 5 c 5 a 138
STeEL-HeEap Trout (adult), 5 ° ° 5 0 F oe 138
Rep-TuHroat Trout (Alaskan torm), O . ° 0 . ne 138
“An ACCOMPLISHED ANGLER,” . : : : 9 ° I4t
THE Brown Trout, é . : oO ; 6 : Gi 142
“A SOUVENIR OF Izaak WALTON,” : 0 : ° . 144
“THE LEAP OF THE SALMON,” P 6 = 6 5 6 : 146
THE SMELT, : , 0 . 6 : 5 0 Os 148
“ FOREST PRODUCTS,” : . ° 5 > 5 ° IS
Deer Hounp with a ReEcorp 6 : a : ce 158
“ HUNTING THE DEER,” «. : : 5 5 : oO 159
PaLMATED Horns, 5 3 % 6 : 6 6 . 161
THE VIRGINIA DEER, ; 9 5 : : 0 : ce 162
SwIMMING Buck, : 0 6 j 6 ; A 5 167
On Lewey Lake, : : : 5 C : : 175
TypPEes OF ADIRONDACK DEER Hounps, 6 O . 5 . “ 178
A Group OF DISTINGUISHED SPORTSMEN, 6 5 : 5 ce 195
ABNORMAL DEVELOPMENT OF PRONGS, . % 5 O . 202
ANTLERS IN THE VELVET, , é ° 5 . . ss 204
TypIcAL DEVELOPMENT OF ANTLERS, $ 5 5 ' é ce 212
Burr or DEER’s ANTLER SHED IN THE Woops, : ° C « 226
THE MONGOLIAN OR RING-NECKED PHEASANT, : . ’ : < 254

“ Woopcock NESTING,” . : : 5 ° . . x 258

THE PRINTING OF THIS ENTIRE BOOK, INCLUDING THE
COLORED AND GELATINE ILLUSTRATIONS, HALF~
TONES AND TEXT, WAS EXECUTED BY

WYNKOOP HALLENBECK CRAWFORD co
ART PRINTING WORKS, 3
ALBANY AND NEW YORK.

T is not customary to introduce the Report of a State Com-
mission with a formal preface, but the character of the
Fisheries, Game and Forests Commissioners’ Report for the
part of a year ending September 30, 1895, isso unusual in some respects that it appears
to be justifiable in this instance to depart from custom, particularly as there are
some explanations to be made concerning it that cannot well be made elsewhere.

It is the desire of the Commission that its first report shall be something more
than commonplace ; something more than a dry recital of work accomplished, such
as is commonly supposed to be required by law, with prosaic facts and cold figures as
to the numbers of fish propagated, game law offenders punished and forest fires
extinguished ; for, important and necessary as all these and kindred matters may be
when tabulated and explained, they are not apparently of themselves sufficient to
appreciably interest the general public in the work of the department, as the general
public might become interested if the facts and figures were presented for inspection
and approval with auxiliary matter, and all in an attractive dress.

While it is the object of the Commission in the following pages to interest and in
a degree instruct the great mass of the people of the State in regard to the fisheries,
game and forests by adding other than statistical information, it must not be under-
stood that the value of statistics is in any way, even by implication, underestimated.

On the contrary, the United States Fish Commission says truly: ‘ The depend-
ence placed upon fishery statistics by those who are connected directly or indirectly
with the industry is attested by the avidity with which statistical reports are received
and by the frequent demands for such data on the Fish Commission by the general
fishing public, State officers, economists and National legislators. In the consideration
of all important international fishery questions in recent years, in the enactment of
State and Federal laws affecting the fisheries, in gauging the effect of artificial
propagation and the necessity for resorting thereto, statistics have played a very

important part.
i

il PREFACE.

‘““Mention should be made of the very creditable statistical work being done by
several of the States through Fish Commission Boards and industrial and statistical
bureaus. Massachusetts, Connecticut, Maryland, and, doubtless, other States, have
made valuable contributions to the literature of fishery statistics, and many of the
Fish Commissions have from time to time presented original statistical information of
importance in their annual reports.”

It will be observed that this State is not mentioned specifically as having contributed
statistical information except through this Commission, for the reason that this State
has no separate statistical bureau such as exists in other States, and very naturally a
Fishery Commission, or a Forestry Commission, or both combined, is in a better
position to gather accurate information in regard to its own work than any bureau
organized for the purpose of gathering general statistics. This was exemplified in the
case of the United States Census Bureau when it took up the matter of the Fisheries
of the United States.

When the Commissioners came to determine the scope of this report, it seemed
to be best that some of the fishes of the State should be figured, and as figures in black
and white, however faithful, appear to lack something, figures of some of the fishes in
colors were decided upon. The general color of a fish is not regarded as asure guide to
species, and scientists consider the structure of a fish as well as its color in determining
species. The people generally regard color as of the first importance, and it would be
worse than useless to attempt to portray any fish in colors, unless it were done with
absolute fidelity in every detail. Mr. Sherman F. Denton, the artist of the United
States Fish Commission, was engaged to make sixteen color drawings of fishes and
game, and this he did so faithfully that they will serve to identify the originals of
the drawings, for fin rays and scale formation are as faithfully represented as the
external colors of the subjects.

These color-drawings have been reproduced so exactly, that no colored figures of
fishes in existence exceed them for truthfulness or beauty of execution. They are abso-
lutely faithful reproductions, which can be said of no other work of this kind. For
perfectly fresh specimens of some of the fishes for the artist’s use, the Commission is
indebted to Mr. Walter C. Witherbee, of Port Henry, and Mr. W. W. Whipple, of Glens
Falls. ‘For the figures of the fishes and shellfish in black and white, thanks are due
to the United States Fish Commission for the use of original and accurate drawings.

The swimming buck is reproduced through the courtesy of Forest and Stream
Publishing Company, and some of the deer hounds and deer heads through the
courtesy of Major Robert Lennox Banks and Mr. John L. Wendell, and the examples
were carefully selected from a great number submitted. That Judge Greene’s article,

on the Chinese pheasant, might be properly illustrated, Mr. J. Roberts Mead, of

PREFACE, iil

Portland, Ore., very kindly sent a perfect mounted specimen of the bird from which
to make the colored drawing and plate.

The nomenclature of certain fishes is referred to in another portion of this report,
but one inconsistency was not mentioned. The Game Law of the State provides a
close season and other regulations for a fish under the name of Salmon Trout. We
have no salmon trout in any waters of the State, and the fish should be called by its
proper name, Lake Trout. The lake trout is wholly unlike the salmon, and why it
should have been called salmon is beyond comprehension. There is a fish called
salmon trout in Europe, and it is a migratory fish like the salmon. There is a fish in
Canadian waters called salmon trout, and that, too, is migratory. The steel head
trout on the Pacific Coast is called salmon trout, and that also is a migratory fish.
Years ago Jordon declared that it was wrong to call our lake trout by the name of
salmon trout, and a former Fisheries Commission of this State passed a resolution
that the fish in question should be called by no other name than lake trout, but
the statutes still adhere to the misnomer.

The landlocked salmon is another example of inapplicable names for our fishes.
It is not landlocked and never was landlocked in its original habitat, whether that was
Maine, Province of Quebec, Labrador, or Sweden. It has been established that the
original common name of the fish (in the Indian tongue) was ouananiche, pronounced
as though it were spelled whon-na-nishe, and that is what it should be called, whether
it is found in the Dominion of Canada, Maine, New Hampshire or New York, rea-
soning from the standpoint of the scientist who calls a bass ‘‘trout-like,” because it
was the first name applied to the fish. If the first scientific name applied to a fish
should hold, why not the first common name, particularly when it is appropriate, musi-
cal, distinctive, and a departure for once from such names as “‘ tin mouth” and “red
eye?” Reforms of this kind can be worked much more effectively through the
fishery newspapers and the great body of fishermen, but a Fisheries Commission may
put the seal of approval upon them.

Under Chapter 335 of the Laws of 1895, $4,000 was appropriated to purchase
additional land and water (spring) for the hatchery at Pleasant Valley, and the pur-
‘chase was made on the 28th of September, 1895. On the land purchased are located
some of the finest springs in the State. There is a large volume of constant flowing,
pure, cold water running nearly full-head in the dryest season. The temperature of
the water at surface of the storage pond is 44 degrees, in August, and 42 degrees
beneath the surface.

It is expected that so much of the additional land as may be available will be
utilized to construct rearing ponds to raise yearling fish. This hatchery, although

the last to be built, promises to be one of the best in the State.

iv PREFACE.

It is believed that by planting yearling and older trout of some species, rainbow
and brown trout particularly, that they may be established or re-established in waters
that are thought to have become unfitted for them because of the presence of predacious
fish. This experiment will be thoroughly tried in some of the lakes in the State until
it is successful or found to be impracticable.

There are laws providing close seasons for the different trout and regulating the
size of trout and salmon that may be killed when caught with hook and line, but it is
equally important that there should be a law regulating the number of trout to be
taken. Other States have laws restricting the catch of an angler in one day to about
ten pounds of brook trout and about twenty-five pounds of lake trout. Now that a
beginning has been made in limiting the number of black bass to be taken in one day,
it is to be hoped that trout may receive attention in this respect and some limit
placed by law upon the number to be taken.

The construction of fishways in the streams of the State has been referred to else-
where. That this is most important is recognized by all familiar with the fishing
industry. A Canadian report uses this language: “The construction and maintaining
of proper fishways is absolutely necessary, and this can be done so cheaply that there
is no excuse for neglecting it when a dam is built.” Owing to the indiscriminate
manner in which predacious fish have been transplanted in the waters of the State,
care must be exercised in the building of fishways, that the territory of the predacious
fishes may not be extended to the injury of other fish; but there can be but one opinion
in regard to the necessity for fishways in our streams to permit the free passage ot
anadromous and other fish to and from their natural spawning grounds, if the supply
is to be kept up even with the aid of artificial propagation.

The various important recommendations of the forestry department of this Com-
mission will be found in the text of the main report, and will need no further reference
here.

The Game Law of the State, with the latest amendments thereto, has been added
as an appendix, with a complete index.

Finally, the thanks of the Commission are extended to Mr. Robert B. Marston, Dr.
Tarleton H. Bean, Mr. E. T. D. Chambers, Judge S. H. Greene, and Mr. Granville

Hills for the original papers contributed to this report.

THE COMMISSIONERS.

REPORT

OF THE

Commissioners of Fisheries, Game
and Forests.

To the Honorable the Wegistatare of the State of New Uork :

N99,

4|N compliance with section 8 of chapter 395 of the Laws of

1895, we have the honor to submit herewith a detailed
report of our official proceedings for the period commenc-
ing with the organization of this Board
and ending September 30, 1895.

This Commission was appointed under
the provisions of chapter 395, Laws of
1895, on the 25th day of April, 1895,
and having taken the constitutional oath
of office, met for the purpose of organ-
ization at their rooms in the Capitol, in
the city of Albany, N. Y., on the same day.

Barnet H. Davis having been named
by the Governor as President of this
Board, called the Commission to order.
Edward Thompson was designated as
” Shellfish Commissioner, and Edward P.
Doyle, late Secretary of the Commission
of Fisheries, was elected Secretary, who
at the same time filed his resignation,

— = to be accepted at the pleasure of the
Cos Te I) Board. J. Warren Pond, Chief Protector
of the late Fisheries Commission, was appointed Chief Fish and Game Protector

and Forester, and Miss J. J. Fourqurean stenographer.

5

io) REPORT OF THE COMMISSIONERS OF

A committee was appointed to prepare and submit a plan for the organiza-
tion of the work of the Board, and rules and regulations for the conduct and
control of its business.

On the 7th of May, 1895, A. N. Cheney was appointed State Fish Culturist; James
Annin, Jr., former Superintendent of Hatcheries, was appointed Superintendent of
Hatcheries, and William F. Fox, Superintendent of Forests under the late Forest
Commission, was appointed as Engineer of this Commission, with duties similar to
those he had heretofore performed. The new law or Consolidation Act imposed
many duties upon this Commission beyond those of the two old Commissions.
The new game laws also extended its jurisdiction and added much to its labors,
while the work connected with the Forest Preserve and State Land Department
was made much heavier by placing upon us certain duties formerly performed by
the Comptroller and the Land Board. Again, the increased and popular demand
for Adirondack lands for lumber and pulp-wood, for private preserves, park,
sporting and land speculative purposes, has greatly increased the duties of the
Commission. The conditions mentioned have stimulated litigation and attacks
upon the State’s titles and multiplied the vexatious questions we are called upon
to investigate and settle.

A constant decrease in the flow and permanency of heretofore unfailing springs
and streams and increased difficulties in obtaining eggs for hatching has greatly added
to the work of the hatchery department, while many troublesome questions have
arisen regarding the surveying, leasing and occupancy of State lands under water for
shellfish cultivation.

With the increased duties came additional expenses and increased financial trans-
actions requiring close attention to the details of audit and payment of many hundreds
of bills and claims each month.

To facilitate the proper transaction of the business we were compelled to divide it
into departments to be under the charge and control of committees, and on the 29th
of May, 1895, the following rules and regulations were adopted for the government of

the Board when in session and transaction of its business when not in session, viz. :

1. Regular meetings of the Board shall be held on the second Tuesday of January,
April, July, and October, at the office of the Commission in Albany, and at such other
times and places as the same may be called.

2. Special meetings of the Board may be called at any time by the President, or,
in case of his disability, by the Executive Committee, or upon the written request of
any three Commissioners. Written notice of all special meetings must be given at least

twenty-four hours previous thereto.

FISHERIES, GAME AND FORESTS. 7

3. A majority of the Board shall constitute a quorum for the transaction of busi-
ness, and all questions shall be determined by a majority of those present, a quorum
voting.

4. The presiding officer, and all other members present, shall vote upon all ques-
tions unless excused by the Board.

5. The presiding officer shall determine all questions of order; and, in case of an
appeal, a majority present may overrule his decision.

6. The President shall preside at all meetings when present. In the absence of the
President the Board shall select one of their number to preside.

ie The order of business of the Board shall be:

Roll-call.
Reading and correction of minutes of last meeting.

=

Report of Shellfish Commissioner.
Report of State Fish Culturist.
Report of Engineer (Superintendent of Forests).

~~~
bo

CeEBWARPES

Report of Chief Protector.
Secretary's Report. |
Report of Auditing and Pay Clerk.

Reports of Standing Committees.

Sl eS ee ee

c)

5 5

Reports of Special Committees.

Miscellaneous and unfinished business.

ea
=
—
—

8. The following standing committees of three each, of which the President shall
be one, shall be appointed by the President:

Committee on Forest Preserve and State Lands.
Committee on Hatcheries, Fish Culture and Game.
Committee on Licenses and Permits, and Shell Fishery.
Executive Committee.

Committee on Legislation.

g. It shall be the duty of the Committee on Forest Preservation and State Lands
to consider and report upon all matters of land purchases and business incidental there-
to, including the examination of offers which may be submitted, questions of land
value, the extent and nature of timber thieving and measures which should be adopted
to suppress it; also to consider and suggest plans for the better organization of the
Firewarden system, and other matters arising out of the business connected with the
forest and State lands in the care and custody of the Commission.

10. It shall be the duty of the Committee on Hatcheries, Fish Culture and Game to

have charge of all matters pertaining to the hatching, culture and distribution of fish;

8 REPORT OF THE COMMISSIONERS OF

repairs and improvements to hatcheries, also to look after the business and interests of
the Commission in reference to the protection and preservation of fish and game.

11. The Committee on Licenses, Permits and Shellfish shall formulate and submit
the rules for licensing net fishing as provided by law; and, also, for granting permits,
and shall from time to time examine all licenses and permits granted, and ascertain
whether the terms and conditions of the same have been abused or violated. They
shall also have general charge of matters pertaining to the shellfish department not
specially delegated to the Shellfish Commissioner by law.

12. The Executive Committee shall examine and audit all accounts, bills and pay-
rolls and endorse the same with their approval when passed; and no bills or accounts
shall be paid until so approved; examine and check all books and accounts ; examine
and check all regular and special reports of employes as often as once in each month,
and report the result of such examination to the Commission at its first meeting there-
after. They shall also have a general supervision of the business of the Commission,
and care and control of its interests when the Board is not in session.

13. The Committee on Legislation shall look after the necessary legislation of the
Commission ; shall examine and consider all proposed amendments or changes in the
fish, game and forestry laws or new laws affecting these interests, and shall submit to
this Board their opinion upon matters which, in their judgment, require legislative action.

14. The foregoing rules may be altered or amended by vote of a majority of the
whole Commission, upon ten days’ notice being given, which notice may be in open

meeting and entered on the minutes or by serving written notice.

The following standing committees were appointed:

Committee on Forest Preservation and State Lands: Messrs. Weed, Lyman and
Davis.

Committee on Hatcheries, Fish Culture and Game: Messrs. Babcock, Thompson
and Davis.

Committee on Licenses, Permits and Shell Fishery: Messrs. Thompson, Lyman
and Davis.

Committee on Legislation: Messrs. Davis, Weed and Babcock.

Executive Committee: Messrs. Lyman, Babcock and Davis.

A bookkeeper and accountant was employed and the Comptroller requested to

pay only such accounts as had first been duly audited by the Executive Committee.

At first it was thought necessary to establish a branch office in New York, but
upon investigation of the matter it was decided by the Governor, whose approval
thereof is necessary, that it was not advisable to do so, a conclusion in which the

Commission later on fully concurred.

FISHERIES, GAME AND FORESTS. 9

It was found that many of the important records of the Commission, including all
maps and charts of the surveys, records of leases and franchises for lands under water,
.and books and accounts connected therewith, were at 53 Broadway, New York, where
the late Fish Commission had what was called a branch office. The Commission
deemed this unwise and unsafe, and by resolution of June 7th ordered them trans-
ferred to their office in the Capitol, but did not succeed in having them removed until
December 11th. The valuable maps now in our custody are to be deposited, as
public records, with the Secretary of State, or in the office of the State Engineer, who
will in future have charge of the surveying of the lands of the State which are to be

leased.

Receipts and Disbursements from dpril 25, 1395,
to September 30, 1895.

GENERAL MAINTENANCE.

Balance from former Commissions reappropriated for use of this Board as per

Appropriation Bill May 10, 1895, . : é : : ; $32,250 82

Less amount withdrawn by old officials prior to June 1, 1895, when funds were
credited to this Commission, : : : ¢ 6 . 9,536 35
Net amount placed to credit of this Commission, June 1, 1895, . 5 . 22,714 47
Special Appropriations as per Supply Bill, May 10, 1895, . : : 10,500 00
Oyster Protectors fund, balance, . . 5 4 : : . 1,130 97

Credits given by Comptroller against advances made to former Secretary, E. P.
Doyle, : 9 : : : 0 : : : 730 43
Appropriation as per chapter 1009, Laws of 1895, : 3 : 5 50,000 00
$85,075 87

DISBURSEMENTS.

From Organization of Board, April 25, 1895, to September 30, 1895:

Hatchery maintenance, . ‘ i ; : : $11,650 49
Salaries and expenses of Protectors and Foresters, : 8,264 36
Salaries of officials and office employes, 5 : 6,808 44
Miscellaneous expenses, 6 : : ¢ 5 3,694 21
Total, . ; ; : , : ; ; ; 30,417 50

Balance October 1, 1895, . . : ° . : 554.658 37

IO REPORT OF THE COMMISSIONERS OF

Tisheries and Game.

The Commissioners desire to call attention to the fact that under the old Game
Law, section 273, chapter 31, of the General Laws, 1892, power was conferred upon
boards of supervisors “to pass at their annual session such laws and ordinances as
shall afford additional protection to and further restrictions for the protection of birds,
fish, shellfish, and wild animals, except wild deer, and to prohibit the taking and kill-
ing of the same.” This law was repealed by the game law now in force, Chapter
974, Laws of 1895, Section 302, except as to Suffolk county, and all protective laws
must come from the Legislature. The Commissioners have occasion, not infre-
quently, to stock new waters with plantings of trial fish, to restock old, worn-out
waters with the fish that once abounded therein, and to introduce new species into
the lakes, ponds, and streams of the State; and to obtain the best results, the fish so
planted should remain unmolested until they establish or re-establish themselves.
Special laws to cover such cases seem only to make the general Game Law burden-
some and conflicting.

Following the precedent established by sister States, we would recommend that
power be conferred upon the Fisheries, Game and Forest Commissioners to close
streams or other bodies of water in the State for a term of years, not to exceed five,
when, in their judgment, it is necessary to resort to such procedure to enable fish
planted by the Commission to obtain suitable size, before fishing of any kind is per-
mitted, the waters to be closed by a printed notice signed by the Commissioners
and erected on the banks of stream, pond, or lake, or by a similar notice published
in the papers of the county in which the water is situated.

The Commissioners would also recommend that all bills relating to the fisheries,
game and forest interests of the State should be referred to them for their considera-
tion by the legislative committees having them in charge, before action is taken upon
them. The Commission is in session practically throughout the year, and through
its agents and employes, distributed over the State, is in a position to know of and
advise intelligently regarding needed leg-
islation in its department. This course
would tend to do away with conflicting
legislation, make the laws more simple
and less confusing, and the State would
be protected from the harmful influence

of ill-advised fish and game laws.

FISHERIES, GAME AND FORESTS. LI

All just fish and game laws, broadly stated, are enacted to protect the fish and game
of the State during the breeding seasons and to allow for recuperation afterward, and
without such laws, rigidly enforced, artificial propagation, which is simply aiding and
improving upon nature, would be practically useless to maintain the supply of food
which comes under the head of fish and wild game.

Of necessity, there are auxiliary laws to support the laws governing the breeding
seasons, and one which demands attention at this time is that which relates to the
pollution of streams. The present law on this subject is almost inoperative, because
of the provision that dyestuff, sawdust, etc., shall not be allowed to run into any waters
“in quantities destructive to the fish life,” and it is a difficult matter to prove just
where the dividing line between life and death may be. Seven years ago a select
committee of the Senate of the Dominion Parliament conducted an inquiry into
the expediency of preventing sawdust and other refuse being cast into Canadian
waters, and in summing up the situation, after obtaining testimony on the subject
from engineers, fish culturists and scientists in the Dominion and a number of the

States, the following language was used:

“Settling here and there in its course down the streams, the sawdust forms a
compact mass of pollution all along the bottom and the margins of the rivers and
inlets, filling up the crevices on the gravel beds, and among stones, where aquatic life
is invariably produced and‘ fed. It becomes a fixed, imperishable foreign matter,
and adheres to the beds of streams and other waters, and forms a long, continuous
mantle of death, and constitutes an endless graveyard to the innumerable colonies of
insect life which inhabit this well-adapted abode for their existence. These, then,
are only some of the pestilential effects produced by sawdust and mill rubbish in the
waters of the country on fish life, and independent of its evil influences, from a
sanitary point of view, on human life, and its damaging effects by seriously impeding
navigation on many waters. Then why should the few, for self-aggrandizement only,
be permitted to continue this wicked devastating work for depleting the waters of
their legitimate supplies of food originally supplied by an allwise Providence for the
use of mankind; and why should the many suffer for the few who still pursue and
unscrupulously advocate a continuance of this insidious and direful proceeding for

entailing ruin upon the fisheries of our country ?”

It is claimed by some that sawdust and refuse from mills and factories will not
injure adult fish. Be that as it may, if the young fish and the food for both young
and adult fish are destroyed there will be no adult fish.

To extract briefly from a report prepared for the Vienna Exposition on the

decrease of food fishes:
2

12 REPORT OF THE COMMISSIONERS OF

‘““The basis on which a rational system of pisciculture is founded is very simple:
Preserve the natural conditions of those places where the fish spawn, conditions which
favor the spawning process and tend to preserve the spawn and protect the first devel-
opment of the eggs; thus everything which diminishes the supply of fresh water,
everything which changes the quality of the water, or the character of the bottom,
everything which hinders the growth of aquatic plants; in fact, everything which, at
its source, can destroy the health of fish of a whole ‘basin. * * * Leave a free
passage for the fish to pass to the places which are favorable for spawning. * * *
Protect the young generation so that it can arrive at the age of maturity and con-
tribute its share towards the increase of its species.”

We know, personally, of two instances where mill refuse has been diverted from a
stream in this State, with but little cost to the mill owners. In one case, the poisonous
chemicals of a pulp and paper mill have been conducted to vats on the shore, and,
later, the contents of the vats have been marketed. In the other case, the sawdust of
a large mill plant has been conducted by a series of boxes and belts, requiring no
hand labor, to a central storage pit and used for fuel. Under the circumstances, we
think we are warranted in recommending that the law be changed to forbid the
pollution of our streams and waters without conditions of any sort.

It will be observed that one of the rules upon which a rational system of fish
culture is founded, is that the fish shall have a free passage to the places which are
- favorable to spawning. This means that fishways must be built over natural and arti-
ficial obstructions in our streams containing
food fishes, if the supply is to be kept up.
We have a law that provides that in the
future no dams shall be built in any stream
over six miles long, unless at the same time
a fishway is built in the dam; but con-
cerning the dams already built the law is
silent.

The United States Supreme Court has
given a decision as to the rights of proprie-

tors to erect and maintain dams on any

stream. This is the language in part
of the decision: ‘Ownership of the
banks and bed of the stream gives to the proprietor the exclusive right of fishing
opposite his land, as well as the right to use the water to create power to operate
mills, but neither the one nor the other right, nor both combined, confer any right

to erect an obstruction in the river to prevent the free passage of fish up and

FISHERIES, GAME AND FORESTS. I

Ww

down the river at their accustomed seasons, as such obstruction would impair and
ultimately destroy all such rights owned by other proprietors both above and below
the obstruction on the said stream.

“Fish rights below a dam constructed without passageways for the fish are liable
to be injured by such a structure, as well as those owned above the dam, as the migra-
tory fish, if they cannot ascend to the headwaters of the stream at their accustomed
seasons, will soon cease to frequent the stream at all, or in greatly reduced numbers.”

Through the contributions of young salmon planted in the Hudson River by the
United States Fish Commission, it has been demonstrated that the waters of the
stream are suitable for this grand fish. Planted in the headwater trout streams the
smolts have, in season, descended to the sea, and at the proper time returned as adult
fish to the river and attempted to ascend to the streams of their babyhood, to repro-
duce their kind. Dams and falls, without passageways, and fyke nets, in which they
are taken contrary to law, have thus far conspired to prevent the Hudson from becom-
ing a self-sustaining trout stream.

The river Tay, in Scotland, commands for its salmon fishing (and it is a smaller
river than the Mohawk, in this State) an annual rental of $200,000, and the expendi-
ture of a sum less than a quarter of that amount would open the Hudson to salmon
from mouth to source; and, to shad up to the point at least where they were known
before the building of the Erie Canal.

Streams, other than the Hudson, are in need of fishways to provide the best results
in furnishing the people with an abundance of suitable and cheap food fish.

Occasionally it has been charged by those ignorant of the subject that this Com-
mission is largely, if not chiefly, engaged in propagating game fishes for the few at the
expense of the many. The absurdity of this charge is demonstrated by an examina-
tion of the tables of fish reared and planted by the Commissioners. In the abstract,
all fishes are food fishes, but there is no fixed standard by which to determine which
fishes are the so-called game fishes. or the purpose of showing how idle this charge
is, we will divide the fish into commercial and hook-and-line fish. During the year
ending September 30, 1895, the State has planted 196,247,840 fish of various kinds
and ages. Calling the brook trout, brown trout, rainbow trout, land-locked salmon, sea

ag

salmon, mascalonge and black bass hook-and-line, or ‘“‘ game fishes,” there have been
planted of these species 8,627,908. Of white fish, pike-perch, tomcod, smelts, ciscoes,
shad, bullheads, frost fish, etc., or of the commercial or ‘“ food fishes,” there have been

“

planted 187,619,932. In other words, for every single “game” or hook-and-line
fish planted in the State the Commissioners have planted twenty-one and a fraction of
“food” or commercial fishes. It must be taken into account that the so-called game

fishes are the highest order of food fishes, and that the love of angling is on the

14 REPORT OF THE COMMISSIONERS OF

increase among the people as a healthy relaxation from the counting-house, the
pulpit, the workshop, the forge and the factory, and the whole people must be con-
sidered in the matter of propagating and planting fish in the waters of the State. The
angler and the commercial fisherman both have rights which we are bound to
respect, but our efforts are directed entirely to the propagation of food fishes, by
whatever special names their adherents may choose to call them.

It will be the policy of the Commission, so far as its means and facilities will per-
mit, to radically change the manner of rearing and planting young fish. Heretofore
it has been the practice, largely, to plant the fry of the fall spawning fishes soon after
the yolk sac was absorbed. At this period of their existence the young fish are help-
less and an easy prey to their enemies. Fry of trout are of necessity planted in the
spring at a time when they are just beginning to feed, and the waters are apt to
be high and roily, and the natural food produced in the streams is not fully hatched
out as it will be later when the sun has warmed the air and water and developed the
larvee of all insect life.

Fingerling trout planted in the fall are stronger, larger, and more active fish, and
find an abundance of food hatched out for them; the waters having been tempered by
the summer’s sun and subsided from spring freshets, the trout have a better start in
every way to fight the battle which they must fight in wild waters. Improved
methods demand that the young fish be retained in rearing-boxes or ponds and fed
until they reach the age of from four to twelve months before they are planted in wild
waters. This will require additional rearing-boxes and ponds, and a greater expendi-
ture for food and labor, but the advantages and benefits to be derived from this
method of planting fish,in a great measure able to care for themselves, has been
demonstrated, and will well repay the outlay. It will be some time before all the
young of the fall spawning fishes can be reared to fingerlings before they are planted,
but so far as practicable this will be the method pursued.

Four years ago the late Colonel Marshall McDonald, then United States Fish
Commissioner, writing to one of the staff of this Commission, said of one who was an
ardent “fry”? man (z. ¢., one who believed in planting the helpless fish fry as soon
as they were ready to feed): “If he chooses to attack the policy of the United
States Fish Commission in planting yearling fish, it will simply stamp him as unpro-
gressive and past his period of usefulness. The desirability of planting yearlings
instead of fry has been recognized everywhere, particularly abroad.

“Tn France and Spain several of the establishments have for a number of years
been engaged in rearing their fry before turning them out. In changing from fry to
yearlings in our work, I have only followed the indications of advantage which were

apparent to me from the reports and experience of others, and from similar expe-

FISHERIES, GAME AND FORESTS. 15

riences of the advantages which I had arrived at by actual test of the matter. The
question of the cost seems to be the only material one entering in; but, if 100,000 fry
can be reared to yearlings at a less cost than 1,000,000 fry can be collected, hatched
and distributed, then there is no question but that the results in the first will be vastly
in advance of those obtained in the second. My judgment is that 1,000 yearling fish is
the equivalent of 100,000 fry when planted in waters frequented by small predaceous
fish, such as blobs, darters, and small perch, which are found almost universally in our
streams. And certainly it will cost much less, allowing the largest measure of expendi-
ture for it, to hatch and rear 1,000 trout than it will to hatch and plant 100,000 fry.

“TJ think I mentioned to you before that we reared last year at the Green Lake
Station, Maine, in an improvised hatchery, about 140,000 yearling land-locked salmon,
at a cost of about $1,100. his illustrates what may be accomplished where prudent,
conservative and economical administration is enforced.”

In the work of the United States Fish Commission 83 per cent. of the shealthy fry
have been reared to an age of twelve months, and we think that no one will dare
assert or guess that anywhere near that percentage of fry planted in the wild waters
will survive the first year. Advanced fish culturists in Europe are united in acknowl-
edging the superiority of fingerling fish for stocking waters successfully, at minimum
cost, all things considered. So good an authority as Sir James Gibson Maitland, pro-
prietor of the Howietown Fishery, Sterling, Scotland, has said: ‘“ Our experience is
that there is no half-way house between ova sown in redds and three months old fry.
Young fry are too risky. They may do, but only where ova would do as well and at
half the cost.” Ova in vedds means that an artificial spawning bed is made in the
gravel, and the eggs, when the eye-spots of the embryo show, are planted therein.

The late Thomas Andrews, of Guilford, England, one of the most successful fish
breeders in Europe, placed a higher value upon yearling fish, as compared with fry,
than did Colonel McDonald. He said: “ My experience has taught me that one year-
ling fish is worth a thousand fry for stocking purposes. Yet I do not deny that a
great many fish can be saved in the fry stage by artificial feeding. * * * We cannot
get anything like enough yearlings, or two years old, to supply the demand, and most
people over here have given up stocking with fry.”

Mr. Andrews fed his fish natural food, shrimps, snails, and the larvz of insects
which he bred in large numbers. The only serious objection that has ever been raised
to rearing yearling fish, after the matter of water and room for rearing-boxes or ponds
has been disposed of, has been the cost, and this has been until quite recently a matter
of conjecture. It is admitted that young fish can be better protected from their enemies
in the rearing-boxes of a hatching station than in wild waters, and when a yearling

fish is turned out it is far better able to care for itself than a baby fish that has just

16 REPORT OF THE COMMISSIONERS OF

absorbed the umbilical sac. So the cost is the only thing to consider. This was
discussed at a meeting of the American Fisheries Society, and as no figures were
produced to show the actual cost of rearing yearling fish, Mr. Frank Clark, Superin-
tendent of the Northville Station of the United States Fish Commission, promised to
investigate the subject and give the result at a subsequent meeting. We quote
from Mr. Clark’s report: ‘‘One of the arguments introduced against the work of
rearing yearling fish was the expense, some thinking the outlay would be so much
greater than in the case of planting fry; others that the trout accustomed to liver
would not adapt themselves to other food. I promised to give some facts and figures
relating to the expense of rearing trout to the age of one year at the Northville
Station. It must be borne in mind that the food used at this station for feeding fry is
wholly beef’s liver bought from the slaughter-houses in Detroit, and shipped by
express to Northville. For the years 1890 and 1891 we reared and distributed 250,000
yearlings, about one-half of them being lake trout and requiring at least one-half more
food than brook, Von Behr (this is the brown trout), or Loch Leven trout. The cost of
the food for this lot of fish was $740, making the cost per thousand $2.95. The cost
for labor, based on actual trial, was $600, or $2.40 per thousand. In addition to this
amount there should be added $3 per thousand for expressage, draying and superin-
tendence, making a total cost, when ready for distribution, of $8.35 per thousand, or
less than one cent for yearling fish; and with facilities for rearing four times as many,
the cost as to labor would be much less per thousand.

“Not only are the arguments from figures strongly in favor of yearling plantings,
but those drawn from well-known facts also speak with no uncertain sound; for
instance, the condition of fry when planted is such that they must have food at once
or they perish; while on the other hand, the yearlings are in a condition to go with-
out food for a considerable length of time. Also one of the greatest losses suffered in
planting fry is their being devoured by larger fish, which loss in planting yearlings we
do not find as great. To test this difference I placed 100 fry in a tank eight feet long,
two feet deep, and eighteen inches wide, containing twelve yearlings. In another tank
of same dimensions, I placed twelve yearlings with six three-year-old trout; this, for
the purpose of noting how soon each would disappear as prey. The fry were all
gone in six hours, while in the tank where yearlings were with three-year-olds,
only two were gone the second day. Remember, please, that our argument rests
upon actual experience and not theory.”

Another argument against yearlings is that they do not bear transportation as well
as fry; but Mr. Clark demonstrates that in the transportation of 80,000 yearlings the
loss was about two per cent., and that over fifty per cent. of the loss was owing to an

accident which ordinarily would not occur. Last October this Commission planted in

FISHERIES, GAME AND FORESTS. 17

State waters two carloads of fingerling land-locked salmon, contributed by the United
States Fish Commission, without losing a fish, except such as were caught in the
dippers when the men were working the cans in the night. Both carloads were on
the road over 48 hours.

Almost since the date of the creation of the New York Fish Commission, in 1868,
it has been dependent in great degree upon the waters of the Great Lakes for a supply
of lake trout and other fish eggs. In recent years the supply of eggs from this source
has been growing gradually less, and it is a matter of serious consideration where we
shall look for a supply of eggs of the food or commercial fishes. With our increasing
population and the growing interest taken in the hook-and-line fishes, it is also a
serious matter to obtain a sufficient quantity of the eggs of such fishes to supply the
demand for young fish for distribution in State waters. The demand each year is
several times greater than the supply. The hatcheries of the State have at best but
limited facilities for keeping stock fish ; and the building of stock ponds, and the food
and labor required to maintain the stock fish in them amounts to a considerable sum
each year. This will be augmented when the proposed rearing ponds for fry are con-
structed, and we must look elsewhere for a considerable part of the eggs to keep the
hatcheries in operation up to their capacity.

We would recommend as a public necessity that two bodies of water in the Adiron-
dack region, to be selected by the Commission, be set aside by law to be controlled
by the Commission and used as stock waters to supply eggs of lake trout and other
fish for public waters of the State. For this purpose the waters would be thoroughly
stocked with the species of fish most in demand and maintained as natural stock
ponds. It would not be necessary to erect hatcheries on the shores of, these stock
waters or dishgure them in any way, as the eggs would be taken at the spawning
season and conveyed to State hatcheries for development.

It is the desire of the Commission to greatly increase the output of commercial or
so-called food fishes. Last year the Commission planted 41,205,000 pike-perch fry
(also called wall-eyed pike), one of the best of table fishes, and hook-and-line fish as
well ; 24,080,000. white fish, and 18,000,000 ciscves. These are the very choicest
of food fishes, but the annual output. should be doubled or trebled, and we would
recommend a special appropriation of $25,000 to be used for the purchase of suitable
lands (and water, if necessary), and to erect buildings in such place or places as may
be selected by the Commission for the propagation of pike-perch, white fish, ciscoes,
black bass, etc.

The initial experiments conducted last year in hatching black bass artificially, con-
vinced the Commissioners that it may be quite possible to hatch black bass in large

quantities and thus supply the demand for this excellent fish, which each year is far in

18 REPORT OF THE COMMISSIONERS OF

excess of the number to be obtained by the Commission. The spring spawning fishes,
and some of those spawning in the fall, should be planted in the fry stage of their
existence, as it is not practicable at this time to attempt to rear them to yearlings,
except, perhaps, in the case of shad; and where 1,000 are now planted, 100,000 should
be planted to make them sufficiently abundant to be within the means of every one in
the State to obtain.

It is our wish and our duty to so manage the affairs of the Commission as to
produce the best edible fishes in abundance and cheapen this important food product.

Heretofore the Commission has been hampered by lack of facilities to bring about
this desired result, but with such a plant as is here recommended, the Commission
should, and doubtless will, be able to increase the commercial fishes of the State in a
manner commensurate with the demands of the people.

We feel that we must utter a word of caution to those who apply for fish, particu-
larly for the different species of trout, other than lake trout, and for black bass. The
annual applications call for more of these fish than it is possible to supply under the
most favorable conditions. Applications are made for 25,000 trout, when the water
named may not support more than 5,000. The question of food for the fish seems not
to be considered, and really it is of vital importance. Without food in abundance fish
will not thrive any more than farm stock. Last year the applications for black bass
amounted in the aggregate to several millions, while the State, by strenuous effort,
was able to obtain less than 20,000, and some of them had to be purchased. One
application called for one million black bass for Lake Ontario, when we were looking
to this lake to furnish a small number of black bass for other waters. During thirteen
years of the life of the New York Fish Commission a total of 8,043 small-mouthed,
and 4,821 large-mouthed bass were distributed, or a grand total of 12,864, and from
this it will be seen how idle it is to ask for black bass in million lots.

A dozen adult black bass thoroughly protected will do wonders in the way of
stocking a pond.

A trout stream can be more certainly stocked by planting 5,000 fry annually in
the headwater rivulets of the stream than by turning in 25,000 in one year and leaving
it to fate. If there is no food for the fish in the stream planted, it is simply a waste
of fish to plant them. We have just received a letter on the subject, from which we
make an extract.

A good trout stream in this State seemed to lack fish food, and it was suggested
to a resident at its headwaters to plant shrimps for food. He not only planted the
shrimps, obtained from the Caledonia Station, but procured a lot of trout eggs from
the United States Fish Commission and hatched and planted them. A small pond

was built on a tributary stream and in it the fry were placed and reared until they

FISHERIES, GAME AND FORESTS, 19

were fingerlings, when allowed to run down into the main stream. The letter says:
“ Our river holds out wonderfully well, and the trout are fat, showing plenty of food.
I think the shrimps I put in account for the condition of the trout. JI do not know
anything about the shrimps in the river, but do know that since they were planted the
trout have grown noticeably fatter. I do know, however, that the shrimps that I put
in the little pond multiplied wonderfully. For once when I drew it down the bottom
was fairly alive with them, and I have no doubt but there are millions upon millions
in the river. I think that the question of food supply for the fish in our streams and
ponds is of the utmost importance, and I also know that the fry we hatched and fed
in our pond for weeks after the sac was absorbed were worth very much more for
stocking. In fact, planting fry as soon as the sac is absorbed is largely a waste of
effort, judging from my own experience.”

It may be well to refer to the standing of the State of New York, based upon
the value of its food product derived from commercial fisheries. A_ statistical
report on the fisheries of the United States, by Dr. Hugh M. Smith, of the
United States Commission, in 1893, places New York third of all the States in
the Union in the value of the product from its fisheries, Massachusetts being first
and Maryland second.

The value of the annual catch in New York waters was $5,041,000, and the capital
invested, $5,981,000. As late as May, 1895, Dr. Smith made another statistical
report on the fisheries of the Middle Atlantic States, New York standing second in
the value of its fisheries, and in 1891, of shad alone 3,044,956 pounds were taken,
valued at $161,209, which was less than the catch of 1889, but unforeseen causes of
temperature, freshets, etc., operate to produce fluctuations in the catch, in spite of the
best efforts of man to the contrary.

If New York is to keep her place as second of the Middle Atlantic States, and
third of the States in the Union, in the value of her fishing products, her fish cultural
efforts must be assisted by liberal appropriations and necessary laws to maintain this
proud position.

New York with its area of 49,170 square miles, with jurisdiction over 1,550 square
miles of water, has but thirty-five men to protect its interests in the fish, game and
forests, a number entirely inadequate for the task set before them. Within the past year
the State has added to its great public park in the Adirondacks, by purchase, about
110,000 acres of land, mostly virgin forest. This great tract of land and water has
for years been thoroughly protected by its former owner as a private preserve, and
in all probability, now that it is thrown open to the public, it will afford the best
fishing and shooting in the State. We would recommend that additional fish, game

and forest protectors be provided by law, that the newly acquired territory, and other

20 REPORT OF THE COMMISSIONERS OF

territory requiring better surpervision, may be more thoroughly guarded and protected,
as otherwise the best efforts of the Commissioners will fail of what is demanded of them.

Last June the largest hatching station in the State, situated on Caledonia creek,
in Monroe county, experienced what can only be called a visitation of Providence.
Spring creek, as it is locally known, has its source in a number of large springs in
Livingston county, which form a mill pond not controlled by the State. The extreme
heat and drouth which visited that region in early summer caused the springs to dry
up in a degree; the pond filled slowly, and the rank water vegetation created a water
mold or fungus which, when the pond was opened, came down the creek working
destruction to the fish-life in its path. All the young fish, and most of the stock fish,
at the hatchery below, were killed, as the poisoned water reached them. Every effort
was made to counteract the evil, but without avail. Except for a temporary embar-
rassment at the hatchery, and, perhaps, a decrease the coming year in the number of
young fish that will be furnished from the station for planting in other waters, the loss
was a blessing in disguise. From the fact that the different species of stock fish have
been crossed and recrossed in years past hybridism was the rule, and pure bred fish
the exception in the stock ponds. The loss has been made good in part with young,
vigorous, pure bred fish, and all the stock ponds will soon contain their full quota of
breeding fish of pure lineage, better adapted for producing fry and yearlings for planting
than fish with a taint of hybridism.

At the Caledonia Station we have commenced to make a collection of the fishes of
the State, native and introduced, and will preserve them in jars, showing their natural
coloring, for the purpose of inspection and identification.

The matter of food for our commercial fishes is something that demands most
earnest consideration. We know little or nothing about the food upon which some of
our fishes subsist, except, perhaps, in a general way; but we do know that without an
abundance of proper fish food we cannot hope to propagate food fishes successfully.
Doubtless there are waters lacking only this indispensable factor to make them fish
producing, and, so far as practicable, we wish food planting to go hand in hand with
fish planting. Before this can be done systematically and intelligently, a scientific
inquiry should be inaugurated to obtain definite knowledge concerning the fauna of
our large lakes and streams. We know all about the food of trout, knew about it
before we hatched trout; but we know very little, positively, about the food of white
fish in its younger stages, and it is a subject that will bear investigation most thor-
oughly when we consider the monetary and food value of our commercial fisheries to
the State.

The language of the various sections of the Game Law relating to the use of nets

in different waters is loosely worded. In one section the size of mesh is described by

FISHERIES, GAME AND FORESTS. 21

length of bar, in another as “ suitable meshes,” and in others the size of the mesh is
not mentioned. We would recommend that the size of the mesh be explicitly stated
where nets are permitted to take commercial fishes, and, so far as possible, the netting
laws be made uniform in their application.

The present law provides an open season for catching black bass, beginning on
May 30th, and extending to January Ist. The continuance of this open season is a
menace to the future of this species of the fish in the waters of the State.

Black bass spawn all through the month of June, and to open the season during
the breeding time is most ill-advised, and no amount of artificial stocking within
the means of the Commission will make up for the waste of killing spawning
bass. It is difficult for the State to obtain any large number of black bass at
this time, even by purchase, and every section that is visited to obtain bass
for transplanting protests most vigorously. The black bass is the one fish of
all the hook-and-line fishes that guards its spawning bed during the develop-
ment of the ova, and watches over the brood of young fish after they are
hatched, so they really require more consideration as to length of close season
than any other fish in the State. When cold weather approaches black bass
gather on deep shoals and lie partly dormant, as a rule, until warm weather returns.
Within recent years this habit of the black bass has led to their destruction in some
waters, as their winter habitat has been sought out by unthinking men, and the bass
have been pulled from their winter quarters in a scandalous manner. We would
suggest that the open season for black bass fishing begin on the rst day of July, and
close on the 15th of October.

The “land-locked salmon” of the Game Law is no other than the sea salmon with
a fresh water habitat, or ouananiche as it is called in the Dominion of Canada. And
yet the law presents the inconsistency of limiting the legal length at which the
anadromous fish may be killed to eighteen inches, while the fish with a local
home may be legally slaughtered when, in its babyhood, it reaches the length
of six inches. Land-locked salmon run from the lakes into tributary streams to spawn,
and the young remain in the streams for two years before going down to the waters
of the lakes, and during the two years in the streams grow to exceed six inches in
length, and it is almost a criminal waste of raw material to permit a six-inch baby
salmon, weighing two ounces, to be killed, when if allowed a chance for its life it will
grow into a magnificent fish of twenty five to thirty pounds in weight. We would
suggest that the legal limit of length at which salmon and land-locked salmon may be
killed should be made identical, eighteen inches.

Section 143 of the Game Law provides that “eel pots of a form and character such

as may be prescribed by the rules of the Commissioners of Fisheries may be used in

22 REPORT OF THE COMMISSIONERS OF

any waters not inhabited by trout, lake trout, salmon trout, or land-locked salmon.”
Eels are notorious spawn eaters, and as such seriously interfere with the propagation
of better food fishes by natural processes, and if the Commissioners had power to set
eel baskets in waters containing sa/monzde@ for the purpose of taking eels that come on
to the spawning beds to eat the spawn of trout, it would aid materially in minimizing
the devastation from this cause. :

The Commissioners feel that they must in the future discourage the planting of
German carp in any of the waters of the State that may contain other fish. It is no
more desirable as a food fish than the common sucker, and instead of being a strict
vegetarian, as was heralded when introduced from Europe, it has been convicted of
eating spawn and the fry of better fish.

There is a colony of beaver near the Adirondack hatchery, probably the only one
in this State, and if this rare animal, supposed to have become extinct in New York,
is to be preserved, there is urgent necessity for the enactment of a law to protect them
_at all seasons. During the past year a beaver of this colony was killed, and then it
was found that there was no law for their protection.

By every means in our power we would encourage the formation of fish and game
protective associations in every county and town in the State. Already many societies
of this kind have been organized, and they are not only public educators of the objects
and aims of fish and game laws, and supporters of this Commission in its work, but they
do much to enforce the laws and stand as a menace to law breakers in the communities
where they exist. The observance of fish and game laws is largely a matter of educa-
tion; the first lessons wére most difficult to learn, but great strides have been made in
this direction during the past ten years, and the fish and game associations should have
full credit for their share in it.

The Commissioners desire to thank the railroads of the State for their unfailing
courtesy in handling the State fish car and transporting fish cans and attendants free.
Nearly every railroad in the State has rendered this aid freely when called upon so to
do; but we are especially indebted to the Delaware and Hudson Canal Company, the
New York, Ontario and Western Railroad, the Delaware, Lackawanna and Western
Railroad, the Buffalo, Rochester and Pittsburgh Railroad, and the New York Central
and Hudson River Railroad, as they are more nearly connected with the hatcheries of
the State.

We also wish to extend our thanks to the United States Fish Commission for
continued and generous contributions of fish eggs, fry and adult fish, the contribution
this year amounting to over 11,000,000 of eggs and fish of various kinds.

That the people of the State may have a better understanding of the extent of shell-

fish culture practiced in the waters of New York, a census has been compiled which

FISHERIES, GAME AND FORESTS. 23

shows that 6,280 men, using 18 steamers, 9 schooners, 235 sloops, and 1,435 boats and
skiffs, are engaged in this industry.

These men employ $2,147,850 of capital, and market annually 2,397,735 bushels of
oysters and 380,460 bushels of clams. The market value of their product is probably
very near to $2,500,000.

Since the enactment of the law of 1887, entitled “An act to promote the cultiva-

tion of shellfish in the waters of this State,’

)

17,707 acres have been covered by fran-
chises and leases, and there are still at least 200,000 acres available. Shellfish culture
will be treated more in detail later in the report by the Shellfish Commissioner.

At the close of the deer shooting season in 1895 this Commission made a system-
atic investigation to determine the number of deer killed in the counties including the
Forest Preserve. It was the first attempt to make a careful and thorough canvass of
deer killed in this State. For this purpose the Adirondack region was divided into
161 districts, and 249 separate reports were received. A recapitulation shows that a
total of 4,900 deer were killed, 2,207 being bucks and 2,693 being does. As to the
manner of killing, 1,233 were killed by night hunting, 2,694 by hounding, and 973 by
still hunting. In view of this enormous slaughter,.for we are convinced that the
returns are accurate, as far as can be obtained, we would recommend that further and
more stringent laws be enacted to preserve the deer from extinction, either by a

shorter season, by regulating the manner of killing, or both.

Proposed Legistatton.

In further pursuance of the law requiring this Commission to make annually such
recommendations for legislative action as its Board may deem proper, we would
respectfully recommend that certain changes be made in the present law relating to
forest fires.

As the law now stands, the expense in fighting a forest fire, especially the pay of
the firewarden and his posse, is a State charge. We recommend that the law be
amended in this respect so that one-half the expense only shall be borne by the State,
leaving the other half to be paid by the town in which the fire or fires occurred.

While the citizens of our entire State are interested in forest preservation and the
prevention of forest fires, the residents and land owners in forest towns within the
Adirondack or Catskill counties have a direct and important interest in such matters.
In such towns a fire in the woods means a direct loss to a lumberman if his timber

is destroyed; also, to hotel men and guides, who can no longer expect custom and

24 REPORT OF THE COMMISSIONERS OF

employment if the scenic attractions of their town are converted into the scorched
and blackened desolation that remain after a forest fire.

The property owners and taxpayers of a town are the ones who have the greatest
interest in providing against such disastrous results, and should pay more for this
special local protection than the citizens at large. It is just and reasonable that the
men who own these forests should pay at least half the expense of this local protec-
tion. It was absurd to enact that the farmers of Chautauqua county must pay just as
much for protecting the property of Adirondack lumbermen and hotel men as the
owners of such property do themselves.

While we are willing that the State should pay one-half of the expense incurred
by a firewarden and the posse warned out by him, we would recommend that the
entire bill be first audited and paid by the town, after which the State, through the
Comptroller, may refund to the town one-half the sum thus expended, all bills for
such rebate to be first forwarded to and approved by this department, or by such
official as it may designate for this purpose.

It must be evident to all that the members of the town board of auditors, which
exists in every town for the purpose of auditing local bills, are much better able to
pass upon the items in the firewarden’s account than the officials at Albany who may
have no knowledge of the facts aside from the bill itself. The members of a town
board are familiar with the facts relating to a fire in their town, its extent and nature.
They know whether it was a serious forest fire requiring the services of all the men
that were warned out, or some smoldering smudge that needed only a little watching
by one or two men. They know how long it lasted, and whether the number of days
charged for was a just and fair item; whether the men were fighting fire or sitting on
a rail fence telling stories.

Furthermore, if the town has to pay half the bill, each item will be carefully
scrutinized. But if the State is to pay it all, even if first approved by the town board,
questionable items will receive little attention, the tendency being to give a neighbor
the charitable benefit of each doubt. He is a good fellow; it is hard times in the
town; the State is rich; let it go.

Then again there has been altogether too much carelessness in many towns with
fallow fires. These fires, incidental and necessary in agricultural work, have been
started hitherto without the proper precaution to prevent their spreading into the
forest. A careful observation and collection of statistics relating to this matter indi-
cate that fully nine-tenths of the burned areas in the Adirondacks and Catskills is
due solely to carelessness of farmers in burning their fallows. Many a five-acre
potato patch has cost 5,000 acres of forest. Now, since the law of 1885 made the

expense of fighting forest fires wholly a town charge, the residents and taxpayers

FISHERIES, GAME AND FORESTS.

NO
Ur

have exercised a local censorship over the operations of such of their neighbors whose
carelessness in this respect is apt to inflict on the town a bill for fighting fire. The
average Adirondack citizen who gazes undisturbed at a forest fire on non-resident
lands frowns severely on any firewarden’s bill that will increase the town tax.

While it is doubtful whether the State at large should pay any part of these bills
for protecting property in a town, this proposed amendment will result in one very
desirable arrangement. Before the town can receive its moiety from the State, the
firewarden will have to comply with the law requiring him to send in a full report
of the fire, date, location, extent, damages and origin. The department has had con-
siderable difficulty in past years in obtaining this desirable information, especially that
relating to the origin of these fires. It will now devolve on the town authorities to
see that the firewardens comply with this reasonable and important requirement, or
they will fail to receive their rebate.

We have already alluded here to the large proportion of burned area due directly
to the carelessness of farmers or others in the use of fire for clearing land. After ten
years’ experience in endeavors to abate this evil through rules and regulations issued
by the Forestry Department, we find that it is necessary to enact some stringent law
with a penalty attached, which shall have more force than the mere set of rules
formulated by the Commission.

We would, therefore, recommend that the present law relating to forest fires be
further amended by the insertion of a clause forbidding the lighting of fallow fires, or
fires for clearing land, or the burning of brush, in certain counties or towns, between
April 1st and June roth, and between September tst and November 1oth; and that
from June 10th to September Ist such fires may be started only on such day as the
firewarden or district firewarden may approve; and then, only, when the firewarden is
present, personally, to see that the fire does not escape. This amendment should pro-
vide further that the firewarden shall not give permission for the lighting of such fires
until the applicant or person wishing to start the fires shall have employed enough
assistants to watch and prevent any possible escape of the flames into any forest which
may be near or within possible danger; also, that the services of the firewarden or
district firewardens in such cases shall be a town and State charge the same as when
employed in fighting a forest fire. The forest towns to which this amendment shall
apply will be specified in the bill.

This may seem unnecessarily arbitrary and restrictive; but an extended observa-
tion in this matter induces the firm belief that such a law is absolutely necessary to

immunity from forest fires.

20 REPORT OF THE COMMISSIONERS OF

Parchase of ands.

We would again respectfully ask that your honorable body take some favorable
action to provide for the purchase of forest lands in the Adirondack and Catskill
region. We do not deem it necessary to rehearse here the many arguments in favor
of forest preservation. We assume that you are already familiar with them. For
years the newspapers throughout this State have set forth the various reasons without
a dissenting editorial. From the press and the people comes an unanimous demand
that the Legislature shall recognize the importance of this question by making yearly
appropriations for forest purchases, until the entire area of the Adirondack and Cats-
kill parks shall be included in the Forest Preserve.

Such appropriations are different from the ordinary items of the yearly budget,
and are entitled to preference. They are not an expenditure, but an investment; and
a safe one, that is convertible into cash at any time. While the State is expending
millions each year for which it has nothing tangible to show, why not put a part of it
where there will always be a first-class asset, and at the same time protect the vast
interests which are dependent on forest preservation ? If it was right to vote $9,000,000
for deepening our canals, it is certainly right and absolutely imperative that the Legis-
lature appropriate the necessary amount for protecting the water supply. A similar
idea suggests itself in relation to the constant expenditure for dredging and deepen-
ing the Hudson river, and for the construction of dams to assist the decreasing energy
of the water wheels throughout the State.

A large amount of good forest land is now offered to the State at a very low figure.
If not purchased soon, these offers will be withdrawn. Much of this land can be
bought now for $1.50 per acre. The spruce and hemlock have been removed from
these lands, but the hardwoods and young conifers remain. Their function as a pro-
tective forest is not seriously impaired.

The State is a joint owner in a large amount of land in the Forest Preserve tracts,
in which it has an undivided interest with some other party. The lots in this class of
land aggregate 34,120 acres. Money should be appropriated to enable the State to
buy out the interest of the joint owners. Otherwise, the joint owner, who has all the
rights of a partner, will go on the land and cut over the entire lot or lots, after which
he can tender the State its share of the value of the timber, and the State is powerless
to prevent such action.

Nor has the State any right to complain. By a provision of its new Constitution

it has debarred itself from cutting timber or obtaining any revenue whatever from its

FISHERIES, GAME AND FORESTS.

tN
™“

forests; but it can not consistently or legally ask that the joint owner shall tie himself
up also by any such questionable management of his property.

True, the State can, in such cases, call for a partition of interest, and under a
provision of the Forestry Law have its share of any lot set apart. But that would
not prevent the joint owner from cutting over the area thus set apart for him, and
thereby endangering the State’s portion of uncut forest by his slash and fallen tree-
tops, which may take fire at any time.

There is one township in which the State owns an undivided half in twenty-four
lots. These lots, which contain 160 acres each, are contiguous and form a solid
block. Now, these lots will be entirely cut over by the joint owner, and half the
avails paid to the State; or else the Commission must call for a partition of interest.
In the latter case the party would cut the timber on the half lots set apart, and
the State would be left with twenty-four separate patches of eighty acres each, and
each one of which would soon be surrounded on all sides by a slashing of newly felled
timber. The proper thing to do is to buy the other undivided interest as a protective
measure. But there must be an appropriation before this can be done. This is only
one of many similar cases.

Whiteface Mountain, at Lake Placid, the most beautiful peak in the Adirondacks,
whose southern slope is owned by the State jointly with other parties, will soon be cut
over for timber and pulpwood, unless some action is taken for providing money to buy
the joint owners out, and this department, otherwise, will be powerless to stop this
piece of vandalism.

An appropriation would be specially advantageous at this time to enable the State
to buy certain small parcels of land for the purpose of consolidating some of its large
holdings. The management and protection of the large blocks of forest thus formed
would thereby become simplified. There would no longer be any excuse for entrance
on that territory, and consequently these woods could be protected from fire and
timber thieves at a far less expense than at present. A glance at the map will show
the importance of making such purchases in Benson township and the Oxbow tract,
Hamilton County; in Townships Twenty-six and Thirty, Essex county ; and in the
towns of St. Armand and North Elba, near Lake Placid.

Any appropriation that may be made should contain a provision permitting the
expenditure of some part of it in enlarging and consolidating the areas of State land
in the Catskill Preserve. The forests of that region, part of which are situated on the
Mohawk-Hudson watershed, and the large number of summer residents that frequent
the delightful resorts in the Catskill counties, demand some such action. During the
summer ten people go to the Catskills, where one goes to the North Woods. It is near

New York and the populous districts of the Hudson Valley. For $1.75 one can buy
3

28 REPORT OF THE COMMISSIONERS OF FISHERIES, GAME AND FORESTS,

a railroad ticket from New York to the Catskill Mountains, good for the return journey
also. It is only three hours’ ride from the great city to the heart of the mountain
district.

In addition to its grand hotels the region is filled with inexpensive but desirable
family resorts. It is the great sanitarium and summer resting place for the middle
classes of New York city, whose interests demand recognition at your hands in
connection with this matter.

It is especially desirable that purchases should be made in the towns of Denning,
Hardenburgh, and Shandaken, in order to consolidate the State preserve in the vicinity
of Slide Mountain, the highest summit in the Catskills. These forests can be bought
now at a low price. Delay will only entail extra cost.

We urge this appropriation for the extension and consolidation of the Forest
Preserve, because we believe the interests of the State demand it. We feel that we
should be neglectful of our duty did we not put ourselves on record in this

respect.

Financial Report

For the period beginning with the organization of the Commission,
April 25th, 1395, and ending with the fiscal year,
September 30th, 1395.

By an Act of the Legislature passed May roth, 1895, Chapter 1009, Laws of 1895,
the following sums, being balances on hand, were reappropriated for the use of this

Commission, viz:

Unexpended balance, salaries, etc., of late Forest

Commission, . : ; 3 . $9,974 32
Unexpended balance for expenses of late Forest

Commission, . : : : 0 | RAS By
Unexpended baiance for maintenance of Deer

Park, Forest Commission, : 6 BOW isa
Unexpended balance for maintenance of late

Commissioners of Fisheries, . : 5 Sh7LO So
Unexpended balance for salaries and expenses of

Fish and Game Protectors, . : 11,218 45
Unexpended balance for Sullivan County Fish

Hatchery, ; 0 500 00
Unexpended balance for thagaicrs aan aut of

regular hatcheries, . ‘ : : : 65 38

Total unexpended balances April 25, 1895, reap-
propriated May ro, 1895, . : F F : . $32,250 82
After the passage of the Consolidation Act and prior to
June 1, 1895, when the unexpended balances were set over
for the use of this Commission, the following sums were

drawn from the above amounts:

For salaries and maintenance Fish Commission,

prior to May 1, 1895, . : : 0 pa AG
For salaries and maintenance Forest Commission
prior to May 1, 1895, . : : ze 44193
For maintenance Deer Park, . : % ; 68 95
Total, ; ; : 9,53® 35

29 —

30

REPORT OF THE COMMISSIONERS OF

Balance on hand date of transfer of funds by Comptroller,
June 1, 1895,
Balance in Oyster Protection ipa, Tee It, aoe
By accounts audited and allowed by Comptroller, but charged
by him toadvancesmadeto former Secretary, E. P. Doyle,
Appropriation as per Chapter 932, Laws of 1895,Shad Hatching,
6 transportation and distribution of black bass,
Gs for hatching whitefish, pike, &c.,
of for maintenance Beaverkill Hatchery,
ee “e ef Pleasant Valley dae
ce “« repairs to hatcheries,

$1,500
500
1,500
3,000
3,000
1,000

oo
foXe)
oo
(exe)
(exe)
(exe)

Appropriation as per Chapter 100g, Laws of 1895, for general maintenance

fiscal year ending September 30, 1896,

Total appropriations and reappropriations made for general maintenance

and expenses of this Commission,

$22,714 47
1,130 97

13° 43

10,500 00

$50,000 00 |

$85,075 et

FISHERIES, GAME AND FORESTS.

Sammary of Disbarsements.

Fisheries, Game and Forests Commission from Jane 1, 1395,

CoPOctober 15, 13,9527

HATCHERY EXPENSES.

Caledonia Hatchery, Schedule “ A,” ; : j . 1,170 80

7 “ sips; ; 2,999 90
Cold Spring Hatchery, sudan ea 1,694 9I
Fulton Chain ‘ CS hee ee 735 36
Sacandaga ss Aa ae 735 40
Adirondack ‘6 CBE TEEAN whats 1,035 44
Beaverkill ss a Ra Coed 436 10
Pleasant Valley “ ss st 242 74
J. Annin, Jr., Superintendent Hatcheries, salary, 833 32

ss sf i expenses, 361 63

SALARIES OF OFFICIALS AND OFFICE EMPLOYEs.
Schedulescoinaaar. j : : ‘ : : . $6,808 44
Salaries and expenses of Protectors and Foresters: Schedule “J,” 8,264 36
Expenses stationery and printing, 6 : se ete Ree 576 67
Miscellaneous expenses, : 5 : ; Ba TP ta hele 9g}
Expenses of officials, : y E Scone natch Ou
Hatching shad on the indeont 6 5 Sa eCOIN 516 04
Transportation and distribution of black bags, a KOs 499 27
Oyster and Shellfish Fund, c C : BS ea oR 389 58
Total expenditures general fund, from organization to close of
fiscal year September 30, 1895,*

Leaving balance on hand October 1, 1895,
To special appropriation April 17, 1895, Chapter 335, Laws of 1895, For

acquiring additional lands and completing Pleasant Valley Hatchery,

DISBURSEMENTS.

Sept. 28. Paid for purchase price of Aldridge Mill site, including

Taggart, Steuben County,

Balance on hand October 1, 1895, .

spring at

$10,245 60

°

12}

lo

20,17I go

ie)

* The above disbursements do not include expenses incurred for the month of September, 1895,

the accounts for which had not been presented up to September 3oth.

ios)

bo

REPORT OF THE COMMISSIONERS OF

Lanp PuRcHASE FUND.

Unexpended balance for purchase of lands as per Chapter 498,

Laws of 1894, ; : : . pr1,208 73
Moneys paid to Treasurer for lends saul aad leased as per
Chapter 332, Laws of 1893, » 19,306 92
Total, : : : $30,525 65
From this amount the sum of $1,773.00 was oat out bs the
Comptroller for lands purchased by former Commission
prior to date of transfer, June 1, 1895, 1,773 00
Leaving balance June 1, 1895, 0 $28,752 65
Appropriated by Chapter 561, Laws of rage for purehase st
lands where owners have sustained damage by reason
of State dams (Keck Bill), : : : . $50,000 00
Received from rental of State lands from Avgal 25 to Ouroher
1, 1895, Schedule “Q,” 1,296 18
Interest on deposits, 564 75 51,860 93
Total, $80,613 58
DISBURSEMENTS FROM LAND PURCHASE FUND.
Aug. 8. Expenses of examination of land and land damaged
as per Chapter 561, Laws of 1895, by Commission
and Land Board, $2,048 gt
“« 8. Expenses examination Morea Tenber a rata 63 55
Sept. 4. Expenses examination Morgan Lumber purchase, 145 41
“4. J. W. Schuler, photo. work “ Beaver River” Dam
and flowed lands, : j 44 65
«4, A. Warren, examination of ands aan service of notice
for removal of squatters, 95 23
Total, 2,397 75
Balance in land purchase fund October 1, 1895, $78,215 83

FISHERIES, GAME AND FORESTS.
Schedale “A.’

CALEDONIA STATION.

To expenses incurred at Constantia Hatchery, securing

porting and delivering same.

1895
May.

John D. Walzer,
John A. Upton,

Geo. H. Hubbard,

Philo Clark,
Notary,

W. D. Marks,
Geo. Scriber,
Chas. Martin,
E. McAlister,
D. C. King,
James Andrews,
C. A. Winn,
Notary,

disbursements,
a3
teaming,

“
disbursements,
labor, 26 nights,

oe 7 a3
ce 14 “ee
o“ I I 7
ce T 8 (73
hardware,

pike-perch fry and trans-

36 00
5 80
25

To expense incurred securing maskalonge fry at Chautauqua Hatchery

and distributing the same.

May.

Frank Redband,
R. R. Brown,
A. M. Lyman,
W. J. White,

W. D. Mason,
A. G. Crandall,
Jas. Seymour,
A. J. Pickard,
H. A. Pickard,
Notary,

Frank Redband,
A. M. Lyman,

M. B. Hill,
W. A. Hill,
D. Ryder,
J..G. Miller,
Notary,

31 days’ service,
ag: cs
Te a
use of storehouse,
‘. “ boat 6 months,
1 barrel tar,
rope, hardware, etc.,
24 days’ board foreman, .
Tesi tes “assistant,

traveling expenses,

“ oe

r month’s services foreman, Clayton,

1 month’s services labor,
2 days’ labor, : 6
26 trip teaming, eggs and fry, .

$62 oo
50 00
30 00

40 00

25

Forward,

$160 97

207 83

34 REPORT OF THE COMMISSIONERS OF

Brought forward,

To expense incurred in collecting and distributing shad fry at Havre de

Grace.

1895

May. E. A. Cooper, traveling expense, : ‘ : $51 70
O. V. Rogers, ss cf : 3 : 59 40
F. Van Ausdale, ie Rs 5 : : 33 65

To expense incurred in collecting and distributing black bass and pike-
perch fry.

1895
May. Charles Marcellus, services, ; i : ; : $36 00
W. D. Marks, os : s : j : 62 00
Geo. Scriber, es : : ‘ : 2 46 50
J. D. Black, merchandise, . 5 3 ; 4 B OF
Mrs. C. C. King, board for men, : ‘ s ; 45 00
Geo. Beebe, merchandise, . I 43
L. Gardiner, ae 9 : . : : DD
Edward Andrews, nets, } : : : ; : 3, 00
Sandford Woodford, teaming, : : : : i 10 60
J. W. Cary, ice, . é : 0 : : IO 55
W. D. Marks, expenses, 5 F ; s : 12 84
C. H. Babcock, expense for pheasants’ eggs, . : $20 00
a aout ome X:PTCSSalg Cora : : go
Total,
Schedate “B.”
CALEDONIA STATION.
1895
May. Monroe A. Greene, Supt., expense account, . : . 5 NING BO)
fe i a salary, . 4 3 9 : : 140 00
Frank Redband, 6 days’ services, . . : 5 15 00
J. Walzer, ag sf : 2 p 0 46 00
Geo. H. Lawson, Bites Bs ¢ 6 : : 54 25
John A. Upton, Bias ee : : : : 54 25
Wm. Jchnson, Bit fs : : b : 54 25
Geo. Stewart, ain Gs 6 6 ; : 46 50
A. M. Lyman, 1(6) 1 as : : : 5 32 co
Notary, : é : 6 25
John A. Upton, expense delivering fish, . : ’ 18 86
R. Pully Banks Jr., teaming, : 9 . . 2 15 50
: Forward,

$771 93

144 75

233 22

$609 06

June.

July.

FISHERIES, GAME AND FORESTS,

Frank Redband, Foreman, salary 1 month,

Geo. H. Lawson,
Wm. Johuson,

John A. Upton,
Geo. Stewart,

W. D. Marks,

J. L. Ward,

Wm. Ball,

Robt. McArthur,
Wm. Armstrong,
Neal Cooper,
Nicholas Hoos,

J. C. Annin,
Brewster Crittenden,
Hamilton & Mathews,

Chamberlain Rubber Store,

American Express Co.,
Wells, Fargo Express,
Schuler & Son,

Ball & Donahue,

Neil & Skinnington,
R. Pully Banks,
Walker & Matterson,
C. Klinck,

R. Mowson,

Frank Redband,

“ec oe
W. D. Oviatt,
Geo. Stewart,
Wm. Johnson,
John A. Upton,
Geo. H. Lawson,
W. D. Marks,
Sylvester Sellick,
Wm. A. Hill,
M. B. Hill,
American Express Co.,
Wells, Fargo & Co.,
R. Pully Bank,
A. H. Collins,
J. E. Harvey,
Ball & Donahue,

labor 1 month,

expenses,
labor,

&
florist,
carpenter work,
gravel, .

teaming and labor,

“cc 6c

labor,
carting fish cans,
grass seed,
engine repairs,
hose,
express,
“e .

brass wire,
salt,

‘
livery,
cartage,
hardware,
meat,
team and labor,

r month’s salary,
expenses,
1 month’s labor,

labor,

ce
oe
expressage,
“
cartage,
tags,
salt,

“ee

Brought forward,
$90 00
5° 75
49 00
5° 75
21 g2
43 5°
60 oo
39 23
24 37
55 00
145 80
68 25
44 25
& So

pS )

or ot OI on I
y Mond nw =I O
(Ant, (0) fo} [Git (0) (0)

f 0

on

Forward, $518

~J
‘Oo

July.

Aug.

REPORT OF

E. Klink,

W. J. Williams,
McCabe Bros.,
Robert McArthur,
Neil Cooper,
Nicholas Hoos,
Wm. Armstrong,
W. D. Marks,

6c “cc

W. E. Hall,

Frank Redband,
George Stewart,

Wm. Johnston,

John A. Upton,

Geo. H. Lawson,

W. D. Marks,
Sylvester Sellick,
American Express Co.,
Wells, Fargo Express Co.,
C. Klinck,

McCabe Bros.,

W. D. McArthur,
James C. Annin,

Prof. Latimore,
Scranton & Metmore,
Schuler & Son,

J. M. Hungerford,

Credit checks of—
R. Banks,
Geo. Luff,

THE COMMISSIONERS OF

Brought forward, $518
fish food, 22
lumber, 170
fish food, 16
gravel, 25
teaming, 10
labor, 18
teaming, 66
expense account, 2 i 40
if BG : : : ¢ 4
board of M. B. Hill, ? : : 9
1 month’s salary, $90
expenses, : : : : ‘ 4
labor, 43
if : : . 0 : . 50
tf : . : : : : 50°
expenses, 88
laborer, : 6 5 : 50
ou a ; : : 2 58
is : : : . . 43
expressage, . : : : : I
: : ; 5 4 8
fish food, : a : 21
re : : Q . 6 7
gravel, 13
cartage, : F : ; , 4
chemist, 30
books, . } : ; : 5 I
galvanized wire,

repair fish cans, 5 : : 9
$582

expense distributing black bass, $13 57

“ec ce ce “ee 1 3 57
2Y

Total, Caledonia Hatchery,

79
(oXe)
31
48
Io
50
50

30

14

$1,541 81

QOZ id

DOSS

. $2,999 90

1895

May.

June.

July.

F. Van Ausdall,
E. A. Cooper,

Staten Island Express Co.,

Wm. Bingham,
W. R. Winn,
Jen Gormotten’
M. Abrams,

Staten Island Express Co.,

J. C. Totten,
A. L. Wnght,
Standard Oil Co.,
Str. “ Rochester,”
Bingham & Brush,
O. V. Rogers,
E. A. Cooper,
Peter Gorman,
F. Van Ausdall,
C. H. Walters,

“ec “ce
G. Van Ausdall,
E. A. Cooper,

F. Van Ausdail,
E. A. Cooper,

C. B. Scudder,
Frank T. O’Neill,
M. Abrams,

Staten Island Express Co.,

66

C. H. Walters,
Peter Gorman,
F. Van Ausdall,
E. A. Cooper,
C. H. Walters,
G. Van Ausdall,

Galotten:

L. I. Express Co.,
C. H. Deibel,

C. H. Walters,

Schedale “CY

COLD SPRING HARBOR HATCHERY.

disbursements,
“ec
expressage,
hay,
naphtha,
livery,
fish food,
expressage,
cartage,
telegrams,
repairs to launch,

freight on naphtha, .

rope,
services,

traveling expenses, .

services,
Notary,
disbursements,

travel with fish,

sundries,
fish food,
expressage,
oe
sundries,
services,

Notary,

cartage,

ee
expressage,
livery,
miscellaneous,

FISHERIES, GAME AND FORESTS.

Forward,

60

50

tN
Noon

[o)

$555

414

96

$34

$o70

46

38

July.

1895

June.

July.

REPORT OF THE

E, A. Cooper,
F. Van Ausdall,
C. H. Walters,
Notary fee,

M. Abrams,

Mrs. Jas. H. Lockwood,
Elwood Abrams,

Hardy, Vorhees & Co.,
Jn Caskottens,

M. Abrams,

a Caplotten’

KE. A. Cooper,

F. Van Ausdall,

C. H. Walters,

6“ “cc

Notary fee,

Fred Mather,

W. H. Burke,
J. A. Wood,

F. C. Marks,
O. H. Elms,
E. L. Marks,

S. H. Buellan,

E. F. Abbott,
N. Ginthar,

F. C. Marks,
E. L. Marks,

ce “

F. C. Marks,

‘E. L. Marks,

Brought forward,

services,

19

fish food,

tags, :
repairing launch,
lumber,
cartage,
fish food,
express,
services,

Gs .
miscellaneous expenses,
services,

salary,

Total,

Schedate “D.”

FULTON CHAIN HATCHERY.

31 days’ labor,

expense planting fish,

31 days’ labor,

expense planting fish,

31 days’ labor, :
expense trip, pike works,
freight and express,
salary for May,

fish food,

telegrams,

express,

services,
ee

traveling with fish,

26 days’ labor,
services,

COMMISSIONERS OF

$970 46

285 36

369 09
70 OO

$1,694 91

$309 61

165 71
$49 40

0 75 00

124 40
Forward, $599 72

1895
May.

June.

July.

Enterprise Mfg. Co.,

FISHERIES, GAME AND FORESTS.

fish food chopper,

American Net & TwineCo., netting, .

F. C. Marks,
E. L. Marks,

“ce ec

A. H. Elms,

H. J. Resigue,
O. S. Coffine,

W. H. Miller,

S. A. Lyon,

J. W. Boyce,

W. H. Demorest,
O. S. Coffine,

G. H. Fister,

E. F. Boehm,

E. F. Boehm,

J. F. Burgee,
Burnham & Lowery,
Geo. H. Foster,

E. F. Boehm,

ce “ec

Wm. Patterson,
Chas. Litron,
Samson Harley,
Asa Avid,

Geo. N. Brown,
Hosea Rugee,
N. R. Page,
M. B. Harley,
Ostrander & Capine,
J. E. Morris,
E. F. Boehm,

“cc “ce

23 days’ labor,
services,
disbursements,
freight, .

Total,

Schedule “EF.”

SACANDAGA HATCHERY.

grain,

hardware,

fish food,

hotel bill,

horse hire,
sundries,

hardware,

labor, :
salary and expenses,

salary,

blacksmith,
grain,
labor,
salary,
postage,

mason laborer,
wagon, .
hotel bill,
saw bill,
cement, .
lumber, .
team work,
grain,
hardware,
labor,
salary,
labor,

Total,

Brought forward,
$1 70
11 41
4312
75 00

72
5) G65

4 $90 00

28 00

$599

$204

go

oo

40

1895
May.

June.

July.

1895
May.

REPORT OF THE COMMISSIONERS OF

Mile Otis,

Jos. Otis,

A. W. Marks,

M. A Roberts,
Jno. G. Roberts,
P. McKeefe & Co.,
C. H. Kendall,

M. A. Roberts,

A. W. Marks,

Jos. Otis,

Dana Davis,

Branch & Cullaman,
Jno. J. Roberts,

A. W. Marks,
Joseph Otis,

Jno. G. Roberts,

W. Murray,

Walton, Stark & Co.,
Saranac Inn,

A. W. Marks,
Jos. Otis,
J. A. Roberts,

“ce 6

American Twine Co.,

“ee “ee

Adams Express Co.,
N. Y., O. & W. R’y,
W. R. Dodge,

Alma Green,

Willis Twist,

Chas. Laraway,

H. E. Annin,

cc “c

Schedale sirxz

ADIRONDACK HATCHERY.

team work,
services,

ce

“ a 3
services and expenses,
fish food,
paint,

labor,

oe

oe
fish food,
glass, g
services and expenses.

services,

“cc

“ee

hotel bill,
screen doors, .
paint, feed, salt, etc.

services,

“cc

salary,
expenses,

Total,

Schedate “G.”

BEAVERKILL HATCHERY.

dip nets,
seine nets,
expressage,
oe

freight,
cartage,

“
services,

[a3

ce

expenses,

57

$2
26

45
gi

Il

£439 04

212 00

156 38

- $1,035 44

76
95
30
30
50
70
[eye)
(oye)
(eye)
50
57

Forward,

$201 58

June.

1895.
May.

June.

July.

Aug.

F. C. Hunniston,

FISHERIES, GAME AND FORESTS.

Johnston & Albee, hardware,
Chas. Laraway, services, ;
H. FE. Annin, a and expenses,
H. E. Annin, services,

ef ie stamps and notary,
H. E. Annin, services,

““ be

stamps and notary,

Total,

Schedule “ iH.”

PLEASANT VALLEY HATCHERY.

F. L. Ramsdell, services,

se “ expenses,
F. C. Hunniston, services,
F. C. Hunniston, labor,

F. C. Hunniston,

Total

Schedale “1.”

27 days’ labor at $1.25,

2534 days’ labor at $1.25,

Brought forward,

$1 52
6 00

76 10

SALARIES OF OFFICIALS AND OFFICE EMPLOYES.

Barnet H. Davis, President, salary,
Henry H. Lyman, Commissioner, salary, .

Wm. R. Weed, “ «e
Chas. H. Babcock, “ “
Edward Thompson, ‘6 “

E. P. Doyle, Secretary to July 8, salary,

1p, 185 Witreloell, from July 8, “

W. L. Lawton, Draughtsman, ares
Wm. F. Fox, Engineer (Supt. Forests), salary, .
A. N. Cheney, State Fish Culturist, cs

A. J. Mulligan, Auditor and Pay Clerk, “
John Liberty, Clerk to Chief Protector, “

J. J. Fourqurean, Stenographer, a

A. B. Strough, Special Agent, s

Total

. $1,748 84
349 69

OAON WH & &D WW

Mow owa kt f-
(of (op) [S) (2) fan) Me). We) Wo)
Oo- NW N Hn a
OW (oie) wo 0

$201

3 62

$152

[ofe)

REPORT OF THE COMMISSIONERS OF

Schedate “J.”

SALARIES AND EXPENSES OF PROTECTORS AND FORESTERS.

Total.

Salary. Expenses.

J. W. Pond, Chief Protector, : $499 98 $280 10 $780 08
J. E. Leavitt, Assistant Chief Protector, 351 66 113 86 465 52
M. C. Worts, us a sf : 335 47 125 81 461 28
Robert Brown, Protector, 5 : 124 98 107 35 232838)
Willet Kidd, ce : : ; 166 64 I50 00 316 64
Matthew Kennedy, “ , : b 166 64 148 05 314 69
C. H. Barber, és : ; ; 166 64 154 14 320 78
H. Hawn, a : : D 12 09 Tite oO 23 19
Spencer Hawn, ss : 6 : g6 76 87 50 184 26
Harry C. Carr, ss c : : 83 32 7500 158 32
Joseph Northup, as 0° : ; 166 64 149 90 316 54
G. M. Schwartz, 0 0 . : 20 83 Ir 48 32 31
E. I. Brooks, : 9 . : : 146 48 13205 277 53
O. S. Potter, 6 9 : é II4 25 82 20 196 45
J. W. Littlejohn, ‘5 : : é 30 91 27 82 58 73
EH leobdelliie . 0 . é . II4 2 99 42 213 65
B. S. Morrill, : 4 5 : 5 155 89 HOS TG 291 66
A. Winslow, 2 : : 5 9 III 54 62 56 174 10
E. Hathaway, . 6 : ; : 112 89 g2 72 205 61
A. B. Klock, : 0 : : : 108 82 97 99 206 81
A. Muir, . , : é : . 108 83 96 95 205 78
E. S. Benjamin, eve : F ; 98 08 65 86 163 94
Robert Bibby, . : : : ; A. AS 44 14 11g 67
WimvACe en Hiv ckssasae: 5 : : 146 48 TAR 5B 270 23
S. M. Prouty, : : é . : 104 82 94 35 199 17
D. N. Pomeroy, é : : : 146 48 131 86 278 34
Wedua eed; : : : 5 : 131 70 Ill 44 243 14
L. 5S. Emmons, . . é . 6 129 OI 116 74 245 75
G. B. Smith, : . 0 : A 124 98 Ie) 7) 236 15
R. M. Rush, 5 5 ; : 5 124 98 89 55 214 53
Geo. Carver, : f : j : 124 98 I12 50 237 48
J. L. Ackley, : 6 5 : 5 105 52 93 04 198 56
Tra Elmendorf, . : : é j 83 32 75 00 158 32
M. E. Sawyer, . é : : . 30 QI 5 66 36 57
J. H. Lamphere, . 2 : : 83 32 75 00 158 32
John M. Newton, Special, . : . 30 00 30 00
F. N. Cheney, ee ; : : 37 93 BOS

$4,773 53 $3,490 53 $8,264 36

Total,

$8,264 36

FISHERIES, GAME AND FORESTS.

Schedale “K.”
STATIONERY AND PRINTING.

Weed, Parson Printing Co.,
J. B. Lyon,

Mazeltic Pen Co.,

Albany News Co., . :
Total,

Schedale “L.”
MISCELLANEOUS EXPENSES.

Postage, .

Western (union Mslearath COs,

Hudson River Telephone Co.,
American Express Co.,

National Express Co., :

A. M. Michael, rubber stamps,

J. J. Jones, rubber stamps, :
Lang Stamp Works, rubber stamps and seals,
Julius Bien & Co., atlas,

Meyrowitz Bros., compass,

J. McDonough, books,

Pyrke & McClaskey, books anil papers,
Henry Romicke, press clippings,

W. E. Banning, net tags, :
Frazer & Kelley, freight and cartage,
F. J. Byrant, feed for deer at Park,
William Atkins, carting feed,

Cyrus Donovan, services at Deer Park,
E. J. Lobdell, se ES. att eS
J. Francisco, surveying, .

Geo. W. Lewis, services,

Wm. Wolf, labor, :

A. B. Strough, Special Agent,
Metropolitan Telephone Co., New York,

A. B. Colvin, Treasurer, balance ane from J. M. Naan

check to correct error,
F. N. Clark, desk, etc., New York, Shellfish Office,
Advertising oyster leases, New York, ‘“ gs

Edgar Hicks, services, New York, ce “
A. P. De Miller, services, New York, “ ac
Ford & Bach, surveying, & “

Chas. Weyth, services, surveying, a x

Total,
4

|
|

IMO f
twos on

=
~

on
(a) (2
°

44

1895

June.

REPORT OF THE COMMISSIONERS OF

Schedale “M.”

EXPENSES OF OFFICIALS.

Barnet H. Davis, President, $449
William R. Weed, Commissioner, 272
William F. Fox, Engineer and Supeninrendene II5
F. B. Mitchell, Secretary, P 22
A. N. Cheney, State Fish Culturist, 105
E. P. Doyle, ex-Secretary, 370

Total,

Schedule “N.”

$1,335 o7

DISBURSEMENTS ON ACCOUNT OF HATCHING SHAD ON THE HUDSON.

Albert Hart, 19 days’ labor, é : : $38
Edward Hallenbeck, Gy, 0 Of . 3 5 : 48
Mrs. E. Hallenbeck, 25 days’ board, . : : ; 17
E. L. Marks, ips 9% a : : : : ae)
A. H. Hart, 18 iy es : ; : : 12
W. D. Oviatt, 22 ae & : 3 : ; 15
A. G. Hallenbeck, 3 weeks’ boat hire, . 5 3 3
John G. Pinder, 14 nights’ fishing with seine ind men,
at $20 per night, : 280
Iie Sb Jalen. 3 days’ board, F : : 5 3
W. D. Oviatt, 24 days’ labor, at $2, ; : : 48
ae oe Railroad fare and traveling expenses, 18
E. L. Marks, Railroad fare and expenses, ‘ 23

Total,

Schedale “O.”

00
00
88
96
88
72
00

00
00
00
2h
33

$516 04

DISBURSEMENTS ON ACCOUNT OF TRANSPORTATION AND -DISTRIBUTION OF

1895
July.

To M. B. Hill, 15 days at $2.50 $37 50
W. A. Hill, im @ Mrog@\- ; 4 5 22 50
W. D. Oviatt, ma, Oo Maoe | < : : 24 00
“ gs traveling expenses . 6 , B ai
Mrs. H. Baker, board . : : : 5 . 6 27
James Andrews, 2 gays. labor . 3 00
Geo. Scriba, ne 9 Seea(s : 5 4 22 50
as a rent of boat 16 dais : : : 4 00
Mrs. C. C. King, 30 days’ board at $1.00. ; f 30 00
W. D. Marks, miscellaneous expenses . 5 a 3 20
Forward,

BLACK Bass.

$156 34

FISHERIES, GAME AND FORESTS. 45

Brought forward, $156 34

Aug. M. B. Hill, traveling expenses . : ; : $29 44
Jno. A. Upton, ss ss June and July . TAT ES
W. D. Oviatt, traveling and miscellaneous, June
and July . ; : ; 41 51
Mrs. J. W. Winn, 4 weeks’ board at $5.00 : : 20 00
J. E. Miller, carting fish, etc. . : : : II 00
Jno. C. Barber, 450 black bass : : : 3 31 50
os ice ; : 5 3 ; : 3 00
Geo. H. Hubbard, teaming ; ‘ s 5 : 16 00
Wie kyetalll board of men é : ; : OP 75
Schofield, Woodward, teaming : : : : : I go
Mrs. C. King, board of men : : : 5 3 00
U.S. Express Co., : é 3 } : P : 24 00
J. G. Annin, miscellaneous expenses. Q P 4 10
342 93
Total, , : 5 $499 27
Schedate “YD.”
DISBURSEMENTS—OYSTER AND SHELLFISH FUND.
1895.
June 7. Paid J. Mesereau, Oyster Protector, salary, . : : : $83 33
ss ss Ss expenses, . : : , 26 38
July 8. f wo fe : : c 6 23 63
és wy ss salary, ; i : ‘ 83 33
Aug. 8. ‘‘ Edward Hicks, i 5 : : j 83 33
ee " expenses, . : é : 32 08
8. Staten Island Gazette Adv., é é : é : ; Ig 00
8. Chas. Weyth, services, A 5 ; : , ‘ 5 38 50
Mota. ; Sear Ly Whe, Reeeenss

Schedate “O@.”

a

RECEIPTS FROM RENTALS &C., ON ACCOUNT OF LAND PURCHASE FUND.

1895.
June r. P. Moynehan, balance due, : : : 2 UG we
E. & B. Mannierre, rental State land, : é : I50 00
“ oe ce oe oe 300 foyo)
July 2. W. P. Mason, Sa neces ss : : : : I50 00
J. Lapham, ss ff ss : : : : 75 00
O. Lapham. ES ae He fe 30 00
ro. W. D. Mann, mG 6G ce ‘ : : 50 00
1x. Wm. C. Waite, ‘ « ce : : : 30 00

Forward, $831 18

46 REPORT OF THE COMMISSIONERS OF

July 15. C. T. Kirby,
: 16. Delevan Bloodgood,
18. T. P. Wicks,
23. John B. Henderson,
Aug. 8. A.G. Gerster,
1g. Cecil Gabbitt,
20. L. H. Filmore,

6c

rental State

Brought forward,
land,

“cc

$831
50
75
30°
50
200
50

1 ie)

$1,296 18

FISHERIES, GAME AND FORESTS. 47

Accoant of Fines and Penatties.

By the provisions of Chapter 488, Laws of 1892, as amended by Chapter 395,
Laws of 1895, the proceeds of all fines and penalties recovered since May 5th, 1892, for
the violation of the Game Laws have been, or should have been, paid to the Commis-
sion, to be by them applied to the payment of moieties to complainants, costs of court,
and general expenses of actions and proceedings in the prosecution of cases for viola-
tion of the Game Laws. It also provides that such payments are only to be made
upon the certificate of the Chief Protector, which must show the amount due and pay-
able to the claimant from the said fund.

This account and claims arising under the same have caused this Commission
much trouble. The claims were mostly small, but very numerous, scattered through-
out the State, and in many cases had been due the claimants from one to three years,
they having been given to understand that there were no funds available, or payment
deferred from some other reason. Many who had turned in money, to a moiety of
which they were specifically entitled, were especially urgent for their share of the
same. But as we found no books of account, vouchers, or sufficient data to enable us
to settle their claims, and no funds with which to liquidate the same, they were
necessarily still further delayed.

Protectors’ reports indicated very many fines imposed, but no system of accounts
for the receipt or disbursement of the fund seemed to exist whereby we could deter-
mine whether the fines had been actually paid and recovered by the Commission, or
whether the parties entitled to compensation therefrom had been paid.

By resolution of this Board dated June 7th, 1895, this account and the funds belong-
ing thereto were ordered turned over to the Chairman of the Executive Committee, and
June gth, 1895, he received from the old Commission, through its late Secretary, $626.59
and a book apparently transcribed from some other book or account going back to
October Ist, 1894. The $626.59 was the balance which we were informed was due
The discrepancies discovered and numerous old claims presented for payment com-
pelled us to take steps to obtain possession of the books and vouchers of our predeces-
sors which would enable us to make a fair and business-like settlement of the same,

and on September 4th the following resolution was adopted:

REGULAR MEETING, September 4th, 1895.

Commissioner Lyman, Chairman of the Executive Committee, offered the follow-

ing, which upon a yea and nay vote was adopted:

48 REPORT OF THE COMMISSIONERS OF

Whereas, This Commission is required by law to make a report to the Legislature of
all official and financial operations for the fiscal year ending September 30, 1895, and

Whereas, To enable us to make such a report it is absolutely necessary that we have
access to the books of accounts and vouchers for expenditure of our predecessors of
the Fish Commission, and

Whereas, Many bills for large amounts against the old Commission, dated back in
some cases as far as 1890, and claims for moieties of penalties and for services of
attorneys, some of them three or four years old, are being presented to us for pay-
ment, adjustment and liquidation, and

Whereas, Although repeatedly called for through the Ex-Secretary, we have not
had turned over to us any such books, receipts, papers or vouchers (except a book of
fines and penalties. going back to October Ist, 1894, and some hatchery vouchers),
so that this Commission is left entirely in the dark, and with no data or records from
which to settle with claimants, or even to intelligently answer communications; now,
therefore, be it

Resolved, That our Secretary be directed to respectfully call the attention of the
late Fish Commission to this matter, and request that at their early convenience they
will turn over to us all books, receipts, duplicate bills, vouchers and papers connected
with the Fish Commission and used by them or their predecessors.

Resolved, That with said communication the Secretary furnish the members of the
late Commission a copy of the foregoing resolution. ¥

In pursuance of which resolution the following communication was mailed each

member of the old Commission:

“OFFICE FISHERIES, GAME AND FORESTS COMMISSION, l
“ ALBANY, N. Y., Sept. 6th, 1895. j

“TL. D. HUNTINGTON, et al., date Fish Commissioners State of New York -

“GENTLEMEN: In compliance with the directions of this Board, I have the honor
to request that you will kindly inform us at your early convenience whether you have
any knowledge as to the existence of any books of account of the receipts and expen-
ditures of the Fish Commission during your membership thereof. Also, as to
whether it was your custom to require duplicate vouchers of disbursements, and,
if so, where the same may be found. We have been unable to find anything of the
kind (except as explained by enclosed resolution), and find ourselves very much
embarrassed in auditing and liquidating claims presented, and totally unable to make
a detailed financial statement for the fiscal year ending September 30, 1895, espe-
cially as we find no such statement included in the report of your honorable Board for

1894, now in the hands of the printer.

FISHERIES, GAME AND FORESTS. 49

“We are particularly troubled by claimants upon the fines and penalty fund, some
of them going back two or more years, and we shall esteem it a great favor if you will
give us such information as you possess with reference to the matters in question.

“In this connection we would respectfully call your attention to the fact that no
formal transfer of funds or property on hand was ever made by or demanded of the
outgoing Commission; but as considerable part of these funds are not taken up and
accounted for in the report of your honorable Board, it is only right and proper, and
justice to yourselves as well as a convenience and necessity to us, that the books and
vouchers showing their disposition should be produced and left on file. We assure you,
gentlemen, that it is and has been our sincere desire not to cause you any annoyance
or trouble, and that we have deferred making this request for a long time, hoping we
might find the records wanted or that we could in some way get along without
asking your assistance, but find it cannot be done, and with fullest confidence that
you will cheertully render us such aid as you are able, in getting at the correct status
of the financial affairs and obligations of the Commission at the time you were relieved,
we respectfully ask you for this assistance. In short, this Commission is disinclined
to assume the responsibility of attempting to account for large amounts of money
received and expended, with no data from which to make a report. Neither do we
wish to admit in an official report that it is impossible for us to account for the funds,
an admission which would be not only discourteous to your honorable body, but at
the same time a reflection upon ourselves, and we feel confident that you can and will,
perhaps with very little trouble to yourselves, give us the information and assistance
that will enable us to make a satisfactory and complete report and accounting.

“Awaiting your reply, we are, gentlemen,
‘““Most respectfully yours,

“ FISHERIES, GAME AND FORESTS COMMISSION,
“BY F, B. MITCHELL,

“ Secretary.”

The president and other members of the old Commission kindly responded to our
communication, and subsequently assisted in obtaining such books and vouchers as
could be found, some of them very important, although seriously defective and
incomplete. A part of the records admitted to exist were still retained, on the alleged
ground that they could only legally be delivered to the Comptroller.

The position taken by the custodian of the books and papers which had been
withheld from us, viz., that this Commission were not the legal representatives of the

old Commission, and thereby entitled to possession of its books and papers, was

50 REPORT OF THE COMMISSIONERS OF

declared untenable by the Attorney-General, and the so-called Fines and Penalties
book, with others mentioned above, were finally delivered. In the meantime we had
started a book which took up by itself every case reported by protectors and others
since May 5th, 1892, and by such methods as were practicable have obtained and made
as complete a history as possible of each case from the complaint to the final dis-
position thereof. From the facts shown by this supplemental book and the one
received, we hope soon to adjust all claims properly chargeable to this fund and
collect sufficient money with which to liquidate the same.

This lengthy explanation of this account, and our action in connection with the
same, is thought to be proper, as great misapprehension has prevailed throughout the
State regarding the source from which the funds are derived for the enforcement of
the Game Laws. Many appear to suppose that, having presented a just claim, it
should be paid at once, without reference to the funds applicable thereto.

Section 242, Chapter 488, Laws of 1892, provides that the Commissioners of
Fisheries shall include in their annual report a detailed statement of their receipts
and disbursements of this fund, and the present law requires the same of this Board ;
but as such report was never made we have not the advantage of the knowledge sup-
posed to be communicated thereby. We think, however, from investigation thus far
made that the money derived from this source was in the past and will in the future
be ample to meet all the legitimate expenses of prosecutions necessary under the
Game Laws.

Large amounts have heretofore been disbursed from this fund for various purposes
not provided for by law, and in many instances fines collected have not been returned
to the Commission.

A system with proper checks, vouchers and safeguards for the collection, deposit,
accounting and disbursement of this fund, which works smoothly, has been adopted,
and enables us to promptly liquidate any claim thereon.

The following extract from the report and account of the Chairman of the Execu-
tive Committee of October 8th, 1895, shows the transactions of the Board, as required

by law, from April 25th, 1895, to and including September 30th, 1895:

ACCOUNT FINES AND PENALTIES.

RECEIPTS.
June 27 People vs. W. Burger, : 5 : c : 0 $30 00
27 se Geo. Almeroth, : : : : : 14 45
27 a Fayette Fleek, . : : : 6 . TsO)
27 ee Henry Mullin, . : : : 3 ; 14 13
27 és John Bell, : : : : : : 5 00
27 Gs Wm. Erbach, . 0 3 3 5 10 00

Forward, $80 88

Sept.

oun

FISHERIES,

People vs.

66

6

GAME

Recerpers—Continued.

Terry Burns,
Davis & Jones,
Helmer & Crosser,
John Harter,

Check from Edward P. Doyle,

“eo

6

People vs.

Chief Pond, witness fees returned, .

People vs.

“cc

Putnam, from E. P. Doyle,

S. Beicher,

J. D. Bates,
Lorenzo Graves,
Fred. Wait, et al.,
Norman Howard,
William Forbes,
Taylor & Coy,
Horace Davis,
M. Burns,

Gonga & Bros.,
Wilson & Bradley,
E. Hosman,
Chas. Parmateer,
Dart & Bailey,
M. Chamberlain,
Louis Seymour,
Palmer & ‘Trowbridge,
D. Darling,

A. B. Tuthill,
Deyo, et al.,
Pickert & Radley,

Joseph Ehnnfield,
W. Barber, et al,

A. S. Mitchell,

G. L. Crary,
A.Warner, et al.,
Chas. Bedell,

W. Briggs,

Hi. E. Clark, et al.,
Jno. Saltman,
George Fish,

Wm. Duell,

D. Alger, 6 :
Jewell & Thompson,
Albert Hall, et al.,
Hunter & Phalen,
E. W. Tingley

AND FORESTS.

Brought forward,

Couonrw wm

ty
om Os

un
on

52

July 11

Aug. 12

Sept. 13
18

Balance in State National Bank, Albany, N. Y.,

REPORT OF THE COMMISSIONERS OF

E. I. Brooks,

73 cc

M. Kennedy,

F. W. Cheney,
Frank Joy, .
Joseph Northup,
W. C. Kendall,
M. Kennedy,
Simon Marshall
HeiG Carrs

D. S. Morrill,
M. Kennedy,

Ira B. Elmendorf,

Geo. M. Schwartz,
Simon Marshall,
John L. Ackley,
Joseph Northup,
E. R. Benjamin,
M. Kennedy,

E. J. Lobdell,

“cc (73

Ira Elmendorf,
J. W. Pond,
Ira Elmendorf,
E. J. Lobdell

“cc “cc
“ee oe

6“ GG

Charles Ward,

J. W. Pond, witnes

George Carver,
Frank Joy,
George Carver
J. D. Lawrence,

Total amount of Receipts,

October rst, 1896,

DISBURSEMENTS.

Moiety,

Moiety,

s fees, Bean & Bagoe, .

a

4
yea FP ITAMNMwW OMO NW FWW WD

Fa SND,

52
N94
oo
(eXe)
65
06
50
40
50
[oxe}
(exe)
50
50
oo
50
50
60
50
25
(exe)
[exe)
75
[oxe}
50
17
50°
[exe)
(exe)
foXe)
97
97
85
82
50
(oye)
87
87
50
50
(exe)

.

FISHERIES, GAME AND FORESTS.

dccoant of Net bicenses.

By Section 151, Chapter 974, Laws of 1895, it was made the duty of this Board

to prescribe rules and regulations for granting licenses for seines,

fykes and nets under

certain circumstances after September Ist, 1895. In compliance with said provision

of law, we adopted and published certain rules whereby among
$1.00 was required for each license.
The following is a correct list of the persons licensed with

same during the month of September, 1895 :

RECEIPTS FROM NET LICENSES.

1895.

Sept. 9 Ephraim Snyder, . . Hudson River, $ 1
9 Jacob Pindar, : i ‘e ts I
9 John Locknell, : ; a cf I
9 Cs oe 0 : ie ef I
9 Lester Miller, : : es se I
9 Ks 9 5 e we I
9 Wm. Proper, 5 6 as I
9 Theodore Bandon, . a Ss af I
9 G. A. Shiffer, ; ; as a6 I
9 John Race, : c of “ I

10 Peter Gregary, : : se aS I
12 Oscar Shults, ; 5 06 a I
12 Ernest Olin, . 3 3 ab & I
12 Augustus Clark, . : sf a I
12 John Best, . 6 6 re es I
12 Coon & Salspaugh, : x I
14 Peter G. Bronk, . : cS a I
14 Ike Bully, . : : st & I
18 M. V. Sutherland, . Gb GG I
18 William Hill, : : us & I
18 Harry D. Bitley, . : ss a I
18 Chas. Markletopsky, j ‘8 I
19 Elmer Rowe, : 5 cc sr I

Total, F : : : $23

Deposited in State National Bank, Albany, N. Y.,
October 1st, 1895, .

other things a fee of

amount received for

$23 00

As the law does not provide for the disposition of these license fees, they will be

turned over to the Comptroller to be credited to the general fund of the State, with an

itemized account showing the source and persons from whom received.

54 REPORT OF THE COMMISSIONERS OF

Oyster Franchtse and Lease dccoant.

Chapter 584, Laws of 1887, provides for granting of franchises for oyster cultiva-
tion of certain lands under water, and directs the moneys received therefor to be paid
into the State treasury; and Chapter 321, Laws of 1893, as amended by Chapter 974,
Laws of 1895, provides for leasing lands for same purpose.

It was expected that the State would receive a considerable income from this source,
but prices realized for the franchises and privileges were less than expected from the
beginning, and have fallen off of late years. Apparently no complete and systematic
accounts were kept, and no detailed reports have been made which give us the infor--
mation desired upon the subject. The books and records relating to this matter
received by us show considerable sums of money yet due from various parties, and that
quite a large amount had been collected fcr these privileges for the last two or three
years, which had not been paid to the State Treasurer. We cannot, at this time, give
the correct figures of the aggregate amount due and uncollected on this fund; but are
having the books examined and written up with a view to collecting the money due
for franchises and rentals, and of making a complete and correct statement thereof.

We have received as advances for leases applied for, $14.25. This amount will be
deposited with the Treasurer, and an itemized statement, showing from whom the
money was received or upon the rental of what particular leases it is to be applied,

will be made and filed with the Comptroller as soon as the leases are executed.

FISHERIES, GAME AND FORESTS.

a
Lo a

Anneal Report of the Shellfish Com-
missioner of the State of
New York.

To the Commissioners of Fisheries, Game and Forests:

GENTLEMEN: I was appointed Commissioner of Fisheries, Game and Forests on
the 25th day of April, 1895, and at the meeting of the Commissioners held on that
date was designated Shellfish Commissioner. The law under which the Commissioners
of Fisheries, Game and Forests were appointed provides that the Commissioners shall
designate one of their number to be Shellfish Commissioner, and that such Shell-
fish Commissioner should have charge of that part of the work of the Commission
which relates to the granting of franchises in lands under water for the purposes
of shellfish cultivation and the protection of shellfish interests. To this work I was
assigned, as I had considerable experience in the cultivation of shellfish and was
familiar with the work. The original act, passed for the encouragement of the
shellfish industry of the State in 1886, provided that one of the Commissioners of
Fisheries should be a practical oysterman; but the act under which the present
Commissioners were appointed contains no special requirements, and the Governor
was not limited in his choice of its members. Immediately after my appointment
I entered upon the duties of my office, and assumed charge of the rooms at
53 Broadway, New York, of the late Board of Commissioners of Fisheries, as all
the records of that Commission which were of value or importance to the shell-
fish work of the State were there. The maps and engineering data and surveying
instruments of that Commission were also in their New York office. This office
was later designated by your body as the office of the Shellfish Commissioner. It
is perhaps well to state here that while I assumed charge of this office and of the
books, maps and instruments relating to the shellfish work of the old Commission,
no formal transfer of such property was ever made by that Commission to me.
Important matters were brought to my attention relating to my department as soon
as I became Commissioner, and it was necessary for me to immediately commence
my work. <A dispute of great importance, as to certain planted beds of oysters

at or near Matinnecock Point, Long Island Sound, was pending, and as actual hos-

56 REPORT OF THE COMMISSIONERS OF

tilities were threatened, it was necessary that the dispute should be settled at once.
Two years ago the Commissioners of Fisheries advertised and sold a plat of land
off Matinnecock .Point to the Matinnecock Point Oyster Company. This plat was
claimed at the time to be a bed of oysters of natural growth, but such claim,
after investigation, was denied by the Commissioners. After much dispute the lot
was sold, and the Company entered into possession and began the cultivation of
seed. The natural-growth oystermen apparently acquiesced in this occupation and
cultivation, and for some time made no attempt to interfere with the Company.
During the present summer they began to claim that more ground had been cul-
tivated than had been granted, and I immediately caused a survey to be made of
the ground in question, it being claimed by the natural-growth oystermen that the
occupants had planted more and cultivated more than the area granted them by
the State, and caused a thorough investigation to be made. Asa result I reported
to your body that the grounds occupied were the grounds originally granted, and
that there was no just cause for complaint. As I had notified the natural-growth
oystermen that this survey would take place, my decision gave entire satisfaction,
and what threatened to be a very serious difficulty was amicably settled.

Another dispute as to a piece of ground off Port Jefferson Harbor was pending
at the same time. This had been applied for by planters, but was claimed to be a bed
of oysters of natural growth. I took an engineer with me and visited the point in
question. We made a thorough investigation, and at the end I was enabled to inform
your body that the ground in question was a bed of oysters of natural growth and
should be set apart and reserved to the people of the State forever. This decision also
proved satisfactory, and the applicants have abandoned their pursuit of this territory.
It, perhaps, would be well at this point to explain why disputes of this character are
constantly arising between those who cultivate and plant oysters and those who depend
upon the beds of natural growth for their living. Originally the supply of oysters for
market was obtained entirely from beds of natural growth. This supply was sufficient
for the needs of a scanty population living along the Atlantic coast and proved ade-
quate for many years. With the increase of population, however, the improvement
of transportation facilities, and the exportation of oysters to foreign countries, the
beds of natural growth failed to produce oysters fast enough to keep pace with the
increased demand. Then it was that oysters began to be cultivated, and lands under
water in bays, harbors, and in shoal sounds were taken by oystermen, sometimes upon
a lease from the town where they were sifuated, but oftener without title, and while
still depending upon the natural-growth beds for seed, the cultivation of planted beds
of oysters began. The constantly increasing demand, together with the appearance

upon the natural beds of starfish in large quantities, and the inability of the natural-

FISHERIES, GAME AND FORESTS.

a
ba |

growth oystermen to successfully cope with this enemy, made it impracticable for the
planters to depend upon this source for their necessary supply of seed. These beds,
being in all instances overworked and without cultivation, became in some cases greatly
depleted, and in others entirely destroyed by starfish, so that it became as necessary
to cultivate seed oysters for the use of planters as to cultivate the oysters for market.
This fact, together with the continued decrease of oysters from the Chesapeake Bay,
the great natural oyster bed of the world, was the primary cause of the agitation among
oystermen for some surer method and more certain source for procuring the necessary
supply of seed, which resulted in the Oyster Law of Connecticut passed in 1884. This
law provided for the sale of lands under water on the Connecticut side of Long Island
Sound with the view that these lands would be used for the cultivation of seed. The
lands were at once taken up in large quantities, were dredged and cleaned, shells were
planted and the cultivation of seed began, and then began also the fight as to what
constituted a bed of oysters of natural growth. This fight was at one time in Connec-
ticut an extremely bitter one and very hotly contested. It has now, however, been
practically ended in that State, and planters and natural-growth oystermen live ami-
cably together. In 1886 a similar law, except that in this State the oystermen were
given a franchise, while in Connecticut they were given a deed, was passed, and the
cultivation of seed on the New York side of Long Island Sound began, and the ques-
tion of what constituted a bed of oysters of natural growth had to be determined.
The Commissioners of Fisheries in Connecticut and in this State also adopted as a rule
that a bed of oysters of natural growth to be designated by them as such must be a
bed which produced each year and which at all times contained oysters in sufficient
quantities to enable a man to make a living thereon, and not a sporadic growth of
oysters which might occur on any piece of land under water suitable for the cultiva-
tion of shellfish. To draw the line properly, however, and to decide just which lands
to be granted and which not, has been a difficult question to determine. The question,
however, is now satisfactorily settled, and, I think, will cease to be a troublesome one.

It is, perhaps, well to explain now the method used by oystermen to cultivate
these beds of seed-oysters and to explain how difficult it is and what an immense
amount of money and time is necessary to produce a successful result. I have taken
the time to explain the whole method from the beginning, in order that the system in
vogue under the old Commission, and under myself, for the granting of franchises
should be thoroughly understood.

Unless the oysterman is already in occupation of the land he desires to make the
application for, he usually makes a preliminary examination, in order to satisfy him-
self that the ground he wishes to apply for has the necessary requisites for a successful

bed of oysters. The ground most desirable is hard bottom, and should be free from

unr
(oe)

REPORT OF THE COMMISSIONERS OF

rocks; and wherever it is exposed to heavy gales it should not be in less than five
fathoms of water. After the ground has been selected the applicant fills out a written
application to the Commissioners in which he recites that he is a resident of the State,
that the land applied for has not for five years been a bed of oysters of natural
growth, and that he needs this ground for the cultivation of oysters or other shellfish.
This application is posted in the office of the Shellfish Commissioner, and advertised
for four weeks in at least two papers published in the town or county nearest the lease
applied for; and notice is also posted in the Town Clerk’s office.

The engineer of the Commission in the meantime surveys the land applied for,
certifies to its boundaries and extent, and under the direction of the Shellfish Com-
missioner makes an examination to determine as to whether the ground is or is not a
bed of oysters of natural growth. If all the examinations and investigations are satis-
factory, the Commissioners, at a regular meeting pursuant to the advertisement, offer
the land for sale openly and to the highest bidder. It usually happens that the appli-
cant is the successful purchaser, but he must take his chances with the rest; and there
are instances when, after taking all the trouble and going to all the expense, another
than the applicant secures the ground.

After the franchise has been obtained the ground is buoyed and the work of culti-
vation begins. If the ground is in deep water, and desirable for the cultivation of
seed, the purchaser first dredges it very carefully with a steam dredge until every
piece of rubbish is removed from it; then at the proper season, say from the fifteenth
of July to the fifteenth of August, shells or broken stone are planted, together with a
sufficient number of spawn oysters. If a sett, as it is termed, of seed oysters is
obtained, all that is necessary to do then is to keep the ground free from starfish,
and for this constant vigilance is required. In five years or thereabouts the oysters,
after proper replanting, are ready for market.

It will be seen by this that the value of lands under water for oyster purposes de-
pends in a very large measure upon the cultivation and not upon their intrinsic worth.
The State of New York possesses oyster property unequaled, perhaps, by any Northern
State, with an abundance of territory in Long Island Sound suitable for the cultivation
of seed; it has large areas of shallow water in bays and harbors, where oysters of
incomparable flavor can be fattened for market. Many of the oysters famous through-
out this country, and even in Europe, are the direct product of the waters of the State
of New York; this is especially so of the Blue Point oyster and those that are mar-
keted from Rockaway. If one considers for a moment the rapid growth of this indus-
try in this State since the passage of the Act of 1886, and will think for a moment of

the advantages possessed by this State, they can readily understand that all that is

Americanus).

(Aomarus

LOBSTER

AMERICAN

FISHERIES, GAME AND FORESTS. 59

needed to make the State of New York the greatest Northern oyster-producing State
is liberal legislation and proper attention to oyster interests.

The most important work in my department other than the settlement of these dis-
putes as to the natural-growth beds of oysters was the survey of Jamaica Bay. This
Bay, where 500 men make a living in the oyster business, is especially suited for the
growth of oysters for market. Oysters will not reproduce themselves in Jamaica Bay,
and must be brought there as seed; but when transplanted, thrive wonderfully, and,
being of excellent flavor, are readily marketed.

Oyster culture has been carried on for a long time in this bay; the town granted a
form of lease which, while very good in its way, gave the oystermen but little protec-
tion, and the recent change of the law, and the opinion of the Attorney-General
having been obtained to the effect that the Commissioners of Fisheries, Game and
Forests could grant lands under water for oyster cultivation in the Kings county portion
of this bay, the oystermen at once made application for State leases. I immediately
caused a survey to be made, which is about completed, and which has been filed in the
office of the Commissioners of Fisheries, Game and Forests. This survey, a copy of
which will go to the State Engineer's Office, will be of great value to the State, not
only for the purpose of granting lands under water for oyster culture, but also in grant-
ing lands under water for riparian purposes by the Commissioners of the Land Office.

About one hundred applications for leases of land under water in this bay have
already been received and a large number have been advertised and sold. There are
still a large number of applications pending, and the survey is still incomplete; but it
can be very easily and cheaply finished, as the principal work is completed. In addi-
tion to this work, and pursuant to the same opinion of the Attorney-General, I caused
a thorough survey to be made of the shores of Long Island Sound and Westchester
county, and several applications have already been received from this territory.

There is a large amount of excellent oyster land still unapplied for in Long Island
Sound, although the survey of the entire shore, as far as Orient to the eastward and
Throgs Neck westward, has been completed; and the expense of the engineer's
department of the Shellfish Commissioner’s branch of your work will be very slight
hereafter. I have caused a number of signals used by the old Commission, that were
of a temporary character, to be replaced by more permanent ones, and, in addition,
have repaired many of the old signals. As a result, the entire line of signals, both in
Raritan Bay and Long Island Sound, are now in excellent condition, and can be kept
so with but slight expense. In order that the people of the State may better compre-
hend the extent of the shellfish industry, I have caused a census to be taken which,
though necessarily incomplete, is still of great value. This census shows that 6,280

men, using 18 steamers, 9 schooners, 235 sloops and 1,435 boats and skiffs, are
2)

60 REPORT OF THE COMMISSIONERS OF

engaged in this industry. These men employ $2,147,850 capital, and market annually
2,397,735 bushels of oysters and 380,460 bushels of clams. The market value of their
product is probably very near to $2,500,000.

I have been in office six months, and the means at hand were necessarily incom-
plete and unsatisfactory, so that I have not made this census as accurate or complete
as it will be possible for me to do. With the means I now have at my command, and
with the experience gained by the preliminary work, I am satisfied that the census of
this industry would show it to be a great deal larger and more important than the esti-
mate I have submitted appears to indicate. The exportations of oysters from the port
of New York aggregate annually 125,000 barrels, at an estimated value of $625,000.
Fifty thousand bushels of seed oysters, valued at $25,000, were shipped to California.

It would be very desirable if some method could be devised by which annual
statistics of this industry could be given to the Legislature of the State in order
to show its importance, and also to determine accurately the effect of existing
legislation as it affects the industry favorably or unfavorably.

One of the most gratifying results of the passage of the laws of Connecticut, and in
New York, has been the cheapening of oysters as a marketable commodity ; they are
no longer a luxury. Professor Atwater, of Wesleyan University, who has made a life
study of the question of economic food supply, says the oyster, at its present price, and
with its value as a food product considered, is the cheapest commodity of its kind on
the market. Chemical analysis has determined that the oyster contains in large quan-
tities the valuable protein substances that are of such value in building up the physical
system. It seems, therefore, that the Legislature, recognizing the enormous possibilities
of New York State for the production of oysters, should encourage this industry. There
is nothing more important to be considered than the question of a food supply of the
people, especially in view of the fact of the enormous increase in the population of the
world, The food supply of the future is even now a question that is being widely dis-
cussed, and it seems to me that a great industry like this, which cheapens and
increases the food supply of the people, should be encouraged.

In the leasing of lands under water I have considered that the intent of the
Legislature in passing the laws under which I act intended rather the development of
a great industry and the providing of cheap and abundant food for the people than
the creation of an additional tax upon oystermen or increase of revenue to the
State. No attempt has been made by the Commissioners of Fisheries, nor by myself,
to increase the burdens of the oystermen by imposing unnecessarily large expense
upon them to carry on the business, and the minimum price fixed by the Legislature
has been, as a rule, accepted as satisfactory, apparently, to the Commissioners in the

past, and certainly to myself, for the rental of these lands.

THE COMMON EDIBLE OR BLUE CRAB (Callinectes hastatus).

FISHERIES, GAME AND FORESTS. 61

In the collection of statistics, of which I hand you herewith a copy, many interest-
ing suggestions have been made. The most important one is that there should be
-a small appropriation made for purchase of a patrol boat, to be used by the oyster
protectors in patrolling the territory in their charge. Some protection to the vast
amount of property lying under water is secured by the oystermen themselves by
providing watchmen; but this protection has been supplemented by the Legislature
by providing for two oyster protectors. The work of these men, however, is consider-
ably hampered by not having a boat. A small naphtha, or steam launch, could be
cheaply purchased, and could be used very satisfactorily. I am just beginning to
appreciate the importance of my branch of your work. As Shellfish Commissioner
I am charged with the supervision, not only of the oyster business, but of its attendant
industries, clams, mussels and scallops. The latter industry alone employs at least
one hundred men in Peconic Bay. There is such a variety of conflicting interests to
be considered and differences to be adjusted that my time is constantly and fully
employed. :

In conclusion I might add, since the law of 1887, entitled ‘““ An Act to promote
the cultivation of shellfish in the waters of this State,” there have been, of the whole
territory, covered by franchises and leases up to date 17,707 acres, and there are still
at least 200,000 acres available.

I append a summary of operations of the Menhaden Oil and Guano Association.

All of which I respectfully submit.

EDWARD THOMPSON,
Shellfish Commissioner.

SECRETARY’S REPORT, U. S. MENHADEN OIL AND GUANO ASSOCIATION.

JANUARY 15, 1896.

Factories in operation, é ; : 6 : . : . 42
Men employed ashore, ° : 3 0 5 : 9 1,064

ec ce afloat, i : 6 5 : : 5 : 1,212
Steamers in use, ? : : 5 : 3 5 : ° 48
Sailing vessels in use, 0 5 : ° S 35
Pounds in operation, : : 6 é 6 5 24
Menhaden caught (fish), . 9 : : 5 : : : 462 millions
Oil made (gallon), ; : : . : : : : : 18
Crude fish scrap made, : 3 , 5 > 4 . : 22,000 tons.
Dray ss ¢ . : . : : : : 19,000

Capital invested, ‘ : 3 : : . : i : $1.553,000 00

62 REPORT OF THE COMMISSIONERS OF

Report of the Saperintendent of
Hatcheries.

To the Commissioners of Fisheries, Game and Forests:

GENTLEMEN: I have the pleasure of submitting to you a report of the operations
at our different hatching stations throughout the State during the period from April
25th, 1895, up to October of the same year.

I am sorry to say that but three of the State Hatcheries are so located that it is
possible for them to successfully raise yearlings of any of the different trout, but I do
consider it possible for these three hatcheries to successfully rear at least one-half a
million trout, such as lake trout, brook and brown trout, rainbow trout and land-locked
salmon, to the age of eight and twelve months. This necessitates the expenditure of
more money than has been expended under the old system of fry planting; but if we
tax our hatcheries to the utmost, we must still turn out quite a number of fry, for the
reason that it is impossible to rear all the fry that we can hatch. For example, a
hatching trough that will carry successfully 150,000 trout eggs to the hatching period,
would not with safety carry 50,000 very young fry, and at twenty days old not over
25,000 ; at the time when they commence to feed, ten to fifteen thousand would be a great
plenty; at three months old five or six thousand is an outside number for the trough.

The total output of fish of all kinds for the year ending September 30th, 1895,
exceeds by over fifty-five million the output of any former year in the history of the
State. The great increase in numbers has been among the food fish, such as the white
fish, frost fish, tomcods, smelts, ciscoes and pike-perch.

Up to the present time the State of New York had no collection of specimens of
the different food fishes found in its borders, but we are now collecting specimens.
Dr. Tarleton H. Bean, who for years was the ichthyologist of the United States Fish
Commission, but at present Director of the New York Aquarium, has kindly consented
to identify without expense to the Commission, all specimens, which we _ shall
preserve, so that in our future work of hatching we may work intelligently. As this
collection increases, I am sure that the trifling expense attached to it will be lost sight
of when we look at the benefits to be derived from having such a collection.

Iamalso making a collection of the different fish eggs which are hatched artificially
by the Commission, and I am making tables giving as near as possible the number of

each kind of eggs to the lineal inch and to the quart, as I have found the tendency in the

BROWN TROUT (Salmo fario).

Caught in Caledonia Creek, on which the State Hatchery of same name is situated, These fish were not

more than twelve years old.

FISHERIES, GAME AND FORESTS. 63

past has been to overestimate both eggs and fry, in some cases to a remarkable extent.
In the spring of 1894 the State of New York made its first attempt at hatching pike-
perch in quantities. It established its temporary hatchery, or station, at Constantia on
Oneida Lake, but owing to the low water in the stream that empties into the lake at
this point, but very few fish came up to spawn, so that the Commissioners were quite
discouraged over the result, but last spring preparations were made and nets provided
so that, if the water was again low, the fish could be taken from the lake itself if the
spawning beds could be found; but as it turned out there was no need of the use of
these nets, as the stream had a continued spring freshet, and the pike-perch swarmed
into it from the lake, and in a few days more eggs were taken than we had hatching
apparatus to handle. About 100,000,000 eggs were taken within two weeks. Part of
them were sent to the hatching station located near Clayton, and were hatched and
distributed from that point. The balance were sent out from Constantia.

In taking and hatching pike-perch eggs fifty per cent. is considered good results.
During the summer I have made provisions so that our facilities for handling the
increased number of eggs will be sufficient for all requirements. Other substations or
hatcheries can be established at different points in the State; for instance, one on the St.
Lawrence and one on Lake Champlain. Eggs can also be transported from Constantia
very quickly to the Beaver Kill Hatchery in Sullivan County, as both of these hatch-
ing stations are located on the New York, Ontario and Western Railway. The water
at the Beaver Kill Hatchery is admirably adapted to the hatching of pike-perch, and
the location for distribution for points on the line of the New York, Ontario and
Western Railway and the counties in southeast New York, is all that could be desired.

Correspondence received from parties stocking waters with pike-perch during the
past two seasons, very clearly shows that the experiments have proved a great success.

Our mascalonge station, or hatchery, 1s located on Chautauqua Lake, and there is no
question about its being properly located, as I consider there is no place in the country
where as many mascalonge can be taken on the spawning beds as at this lake.

The past two or three years only three pound nets have been in operation during
the spawning season, but during the coming season of 1896 I intend to have at least
five or six nets in operation, so that we can turn out four or five million fry of this
valuable fish. The fishing the past fall on this lake has been remarkable, as the fisher-
men all report large numbers of yearlings and two-year-old fish, beside many monsters.
Last spring it was no uncommon sight to see a fish of cver forty pounds weight swim-
ming around in the net.

Mr. Frank Redband, of Caledonia, personally superintended the hatching. He had

instructions to be very careful about injuring any of the fish which he handled, and he

64. REPORT OF THE COMMISSIONERS OF

reported to me that only one mascalonge was killed in taking the eggs. All of the
fish are liberated as soon as the eggs are taken from them.

Many of the people making applications for mascalonge fry claim that mascalonge
are a native of many of their surrounding lakes, but the true mascalonge is found
only in five or six waters of the State. The great northern pike by many people is
supposed to be the mascalonge. Liberal plants should be made at Chautauqua Lake,
so as to keep it well supplied for future propagation. Very liberal plants should also
be made in the St. Lawrence River.

The process of hatching mascalonge is entirely different from that employed with
any other fish eggs. They are hatched in boxes which are sunk in the lake. The
boxes are provided with a double screen, top and bottom. The inner screen is very
fine, so as to hold the young there. The outer screen is put on to prevent minnows
or small fish from sucking the eggs or fry through the bottom. If not protected in
this way, a large percentage of the fry and eggs would be destroyed before they were
ready to liberate.

The importance of shad hatching cannot be overestimated; but to meet with the
success desired, very radical changes in the methods of hatching must be made. The
old methods of hatching in the floating boxes or hatching in the fish car were very
undesirable. The objections against the floating hatching box are that most of the
channels around the islands located in the river near the shad spawning ground have
been filled up with dumpage from the dredges which are continually operating on the
Hudson River. In operating the shad-hatching box, it is desirable to have as pure
water as possible, and also a current, and this filling with the dumpage has destroyed
both the current and desirable water. If the boxes are located outside of the islands,
or the creeks, the wash from the large boats, which are continually passing, is very
damaging to the eggs. The eels and turtles also cause considerable annoyance, as well
as damage to the eggs.

The objections to be raised against the State fish car Adirondack for hatching
shad are that during the shad-hatching season the car is in great demand for the
distribution of pike-perch fry throughout the State.

My suggestions are that we locate at some point on the river, where we can take
water from the village or town water mains, erect a small building, and equip it with
the glass-hatching jars, either the Chase or the McDonald jar. It would not be neces-
sary to purchase an extra supply of these jars, as at that season jars that have been in
operation for the frost fish, white fish, tomcod, and smelt hatching are lying idle and
can be transported to a shad-hatching station. No better point could be found on the
Hudson River than at Catskill. Some of the best spawning grounds on the river are

located within the radius of a few miles of that place.

FISHERIES, GAME AND FORESTS. 65

Last summer the Trustees of the Village of Catskill expressed their willingness to
grant the privilege of taking water from their water mains, or from their pump-house, -
which is located north of Catskill Landing, on the west side of the river. This pump-
house is within one-half mile of one of the best shad-fishing grounds on the river.
The proper building and appliances could be erected at a cost not exceeding five or six
hundred dollars.

The United States Commission of Fisheries have always been very generous, and
donated from two to ten million shad eggs, or fry, each year to the State of New York,
from their hatching stations, located at the mouth of the Susquehanna River and on
the Delaware River, near Philadelphia.

A few applications for bullheads come to the Commission. They are a very
desirable food fish, and if very little attention was given to the collecting and planting
of them during the proper season, the results would be most beneficial. At a trifling
expense, one or two men can collect thousands during the summer.

Chautauqua Lake never contained bullheads until they were planted there a few
years ago. Now the lake is full of the best bullheads in this or any other State.

The Ohio Fish Commissioners are always happy if the New York Commission
give them each year a few hundred for their breeding ponds, as they consider them
very desirable stock.

Last summer the Ohio Fish Commissioners, in return for bullheads they received
in the spring, gave the Fisheries, Game and Forest Commission of New York 2,000
small-mouth black bass, free of all charges except transportation.

I wish to call your attention to the success attained by this Commission in the
work of hatching tomcod and smelt at the Cold Spring Harbor Hatchery on Long
Island.

The local papers and the fishermen along the Long Island shores are very enthu-
siastic in their reports of the increased number of tomcod caught during the past
season. Thirty-two million were planted during January and February last. I feel
very confident that from fifty to seventy-five million fry will be planted the coming
season.

A few years ago smelt were unknown in the creek emptying into Cold Spring
Harbor, and which passes within a few yards of our hatchery, but at present, owing
to liberal planting’ of smelt fry in the past, our men are able to take large quanti-
ties of eggs at their very door. Last spring something like forty-one million fry of
smelt were deposited in the different suitable places along the Long Island coast,
in the bays of Staten Island, and in Westchester county. I have every reason t
believe that anywhere from sixty to eighty million of smelt fry will be planted

during the coming season.

66 REPORT OF THE COMMISSIONERS OF

The past summer the stationary engine that was in the State fish car Adirondack
was removed and sent to the Cold Spring Hatchery for use in pumping salt or fresh
water during the hatching season of the tomcod and smelt; and with the addition of a
number of McDonald hatching jars, I feel confident that this hatchery is prepared to
meet all the demands which we may make upon it. The men employed are experts
in handling the salt water fishes as well as the fresh.

At this station we also collect and hatch the lobster eggs. The experimental
period of lobster hatching is past. The question is now, how many can we turn out,
or hatch, and how can we increase the numbers year by year? The past season over
three million baby lobsters were liberated, which is a larger number than has been
planted during the whole previous work of the hatchery.

I would call attention to the trifling expense attached to this work. The collecting,
hatching and liberating of over three million lobsters, which the Commission planted
last summer, cost considerable less than $250, and the total expense for the collection,
hatching and planting of the thirty-two million tomcods, forty-one million smelt and
three million lobsters, actually cost less than $700. Of course, if the men that were
employed in this work had had nothing else to do, the expense would have been
greater, but at the same time they were engaged collecting, hatching and rearing
brook trout, brown trout, rainbow trout and salmon.

For fear that someone might attempt to make comparisons between the cost of
collecting and hatching tomcod, smelt and lobster, and the collecting and hatching of
whitefish, ciscoes, pike-perch, mascalonge and the different trout hatched and reared by
the State, I would say that the eggs taken from the tomcod, smelt and lobster are very
easily secured, and that each fish produces immense quantities. It is not uncommon
to take fifty thousand eggs from a female tomcod weighing seven or eight ounces.
There are 288,000 eggs in a quart. The tomcods are captured in small fyke nets that
are set in the Cold Spring harbor, near the docks or piers, and only a short distance
from the hatchery.

Smelt run up the brooks or creeks to spawn during the month of March. The
small, cheap, inexpensive net used captures them by the hundreds. They are very
prolific ; the eggs are the smallest of any hatched by the State. There are twenty
eggs to a lineal inch, and a quart contains nearly one-half a million. They hatch in
about thirty days in a temperature of about forty-two. If the temperature is slightly
above that point, the hatching period shortens. .

Lobster eggs are collected from the fishermen, who, for a small sum, or in many
cases without any charge, hold all spawning lobsters alive until our men can go and
secure the eggs. The men visit these fishermen once in every day or two. The eggs

that they secure are simply so many eggs saved, as these lobsters would be sent to

FISHERIES, GAME AND FORESTS. 69

I have thoroughly looked the ground over, and have studied the matter and came
to the above conclusion. There are sites within a few miles of the present hatchery
where far greater success could be obtained and with half the efforts and expense.

During the past summer a few necessary repairs were made at this hatchery to

carry it through the coming hatching season.

Fulton Chain Hatchery, located at Old Forge, in Herkimer county, is in charge of
Foreman E. L. Marks, who has had charge of this hatchery ever since it was estab-
lished, so by this time he is thoroughly familiar with the surrounding country.

Since the completion of the railroad to Fulton Chain all of the waters in this neigh-
borhood are opened up so that they are accessible to fishermen from all sections of the
State, and only by renewed and vigorous efforts on the part of the Commission and
the employes of the hatchery can this section hope to retain its reputation for its
excellent fishing. This hatchery alone cannot accomplish that end on account of the
limited water supply that will carry trout during the summer months. The water that
feeds the hatchery, and which is taken from the pond or river which is the outlet of
the Fulton Chain of lakes, warms up so during the months of May and June that fish
have to be removed to a small spring brook located in the swamp, a short distance
back of the hatchery. Here Foreman Marks has constructed several small ponds, and
during the past summer he has enlarged and improved them so that it is possible for
him to carry more fish than at any time during the past years, but during the dry time
even this water supply becomes so very low and warm that two or three thousand
breeding fish is the highest number that the ponds will sustain.

This fall Chairman Babcock of the Hatchery Committee ordered two thousand
yearling brook trout sent to Foreman Marks for distribution in waters adjacent to
the hatchery. That number was delivered from the Cold Spring Harbor Hatchery,
and about five hundred nine-months-old fish that were in one of the hatchery
ponds were all liberated under the supervision of Foreman Marks and several of the
resident guides. Mr. Marks also had instructions to turn out a number of very large
brook trout which he had in his breeding ponds. They were liberated in first,
second and third lakes.

During the coming year I would consider it advisable to send at least 25,000 year-
ling brook trout to Fulton Chain Hatchery for liberation in the surrounding waters.

I consider fry that are hatched and planted from the Fulton Chain Hatchery of the
very best quality.

The output and results at this hatchery, for the amount of money expended each
year, are most satisfactory. From April 25th, the day the Fisheries, Game and Forests

Commission, assumed control, up to the present time, 500,000 brook trout, 275,000

7O REPORT OF THE COMMISSIONERS OF

brown trout, 185,000 lake trout, 2,500 yearlings, and 100 large brook trout weighing
from one to two-and-a-half pounds each, have been liberated from this hatchery.
Many complaints have reached my ear in regard to the large numbers of brook
trout taken by Foreman Marks and his assistants from the waters adjacent to the
hatchery, and these complaints say they are taken out for the supposed purpose of
spawning, or to put in the ponds at the hatchery. Foreman Marks tells me, and I
have every reason to believe him, that for the last two or three years he has not taken
over from three to five hundred trout of all sizes in any one year from the near-by or
any other waters for his ponds or any other purpose. During the last year I have
given Mr. Marks instructions to take only just enough spawning fish to keep his
numbers in his breeding ponds up to the standard. What few fish he takes from these
waters are only for the public good. They are returned tenfold in fry and yearlings.
The origin of many of these complaints is not worth noticing. Many arise from the
fact that a short distance above the hatchery in what is called the Forge Pond, or First
Lake, Foreman Marks keeps one or two trap nets set during the summer months.
These nets are set for the purpose of catching such fish as are commonly called worth-
less, as sunfish and bullheads. These are used as fish food, ground up and fed to his
breeding fish in his ponds at the hatchery. As a matter of fact no trout, during the
summer months, are found in the waters where these nets are operated, and it is only

during a cool snap that any trout find their way into them.

At the Beaver Kill Hatchery, situate at Rockland, in Sullivan county, everything
has been done towards successful work that the location of the hatchery would permit.
H. E. Annin has been foreman of this hatchery ever since he took charge, which
was about the time it was completed. He has had great difficulties to contend with;
286,000 brook trout fry, 25,000 brown trout fry, 130,000 lake trout fry, were distributed
from this hatchery during the past season. These numbers seem very small. Up to
the first of April we had every reason to believe that this hatchery would turn out
nearly a million of fish of all kinds, but about the first of April occurred one of the
worst freshets that had visited that section in twenty-five or thirty years, and the
Beaver Kill River, from which the hatchery takes its water supply, rose beyond all
-precedent, so that the hatchery was completely surrounded. The troughs were filled
nearly full with sediment, so that it took a full week for Foreman Annin and his
assistants to separate the eggs and fry from the mass of dirt. This is liable to occur
at any time, and it is with great reluctance that I send or gather any eggs for hatching
to this hatchery. It is simply impracticable to build any breeding ponds at this
hatchery. During the spring they would be in danger of freshets, and the lay of the

land is such that it would be almost impossible to guard against it. During the

x

yy
yy
wh

Kirk

SO

(Coregonus quadrilateralis).

ROUND WHITEFISH OR ADIRONDACK FROST FISH

(Coregonus Arted?).

CISCO OR LAKE HERRING

(Roccus Americanus).

oS eR

SOS Sa

SESS SOS SS
ile oS

THE WHITE PERCH

(Perca Americana).

THE YELLOW PERCH

(Roccus lineatus).

STRIPED BASS OR ROCKFISH

OR SAND PIKE (Strzostedium Canadense),

SAUGER

THE

FISHERIES, GAME AND FORESTS. 73

summer the temperature remains for weeks above the limit that would sustain trout
life. It is very unfortunate that this hatchery was ever located where it is. To be
a success, the location must be changed. There are sites within a short distance that
are far better, and where spring water in abundant supply could be obtained to run the
hatchery to its full capacity, and where I think sufficient could be obtained also to
carry a number of stock fish.

The people in this section have done everything in their power for this hatchery,
but a large majority of them never favored the present location. The building itself
is one of the finest constructed hatchery buildings belonging to the State, and, if a
site could be obtained near by, the building could be moved.

There is no question but what this section of the State is in the greatest need of a
hatchery and the liberal planting of trout, as there are endless numbers of splendid
trout streams; in fact, nearly all of the streams are trout waters. I think that more
summer visitors of the middle classes visit Sullivan county than any other county in
the State. It might be supposed that this section could be stocked from some of our
other hatcheries, but it is a section very hard to reach and deliver fry or yearlings
alive, as the railroad connections are such that it takes very much longer to reach
there from our other hatcheries than it does to go from Buffalo to New York.

During the summer but little was done at this place, except to take precautionary
measures and do all we could against freshets or freezing up of the water supply.

If we have no trouble during the coming winter and spring, we will be able to
plant a much larger number of trout during the season of 1896 from this hatchery.

Special mention should be made of the courtesies and kindnesses extended to the
Commission, and this hatchery in particular, by the New York, Ontario and Western
Railway. This road has always made it a point to grant any reasonable request we
made of them, and they have always carried our fish, fish eggs, empty cans and men
in charge free of all expense. When the fish car Adirondack is on the line of their

road, every facility and accommodation is extended to the crew in charge.

At the Pleasant Valley Hatchery, situate about two and one-half miles from Bath,
Steuben county, we have one of the finest plants owned by the State. F. L. Ramsdell
is in charge of this important hatchery.

During the past summer additional land and water privileges adjoining the present
property were purchased by the State at an outlay of $3,750.

The work of improving the new property, as well as the old, is progressing as
fast as possible. By the time the fish are hatched the coming spring we will have a
number of nursery ponds completed, and ready to rear from forty to fifty thousand

trout to the age of four, eight and twelve months.

72 REPORT OF THE COMMISSIONERS OF

The water supply that the State owns at present, and which has just been con-
nected with the hatching house, is considered the best for hatching purposes in the State.
The amount of sediment in this water is so trifling that it can be called remarkable.
The grounds are situated so that an ample flow can be had between all ponds which
we may build, and the proper zration of the water between them can be obtained.

The Bath and Hammondsport Railroad runs within a few rods of the door, and
the franchise has been granted to an electric road from Bath to Hammondsport, which
would pass within a few rods on the opposite side of the hatchery. This would give
us the finest of shipping facilities, and connection at Bath with the Rochester branch
of the Erie Railroad and the main line of the Delaware, Lackawanna and Western.
My predictions are that within the next two years this hatchery will be classed, with

its breeding ponds, one of the finest in the whole country.

The Cold Spring Harbor Hatchery, which is situated on Long Island, has,
under the efficient management of Foreman C. H. Walters, become one of the most
important hatcheries in the State. Here both salt and fresh water fish are hatched,
and it is the only hatchery in the State that hatches any of the salt water varieties of
fish. During the past season a much larger number than ever before were hatched;
in fact, the output of fry of all kinds has been greater the past year than for the
previous five years combined.

Great attention has been given to the beautifying of the grounds and the keeping
of the ponds clean, and the result has been that, during the past summer, no disease
traceable to foul water, or any other cause, has appeared, and to-day, after sending
to the Caledonia Hatchery and into the Adirondack region about 13,000 yearling brook
trout, the ponds contain more and a better lot of fish than ever before. With a small
outlay of money, more ponds can be built and the output of fry from this hatchery
be made to number among the millions.

A new ice-house has been ordered by the Commissioners to be built, as, with the
increased number of fish, a larger supply of fish food is necessary, and, to keep this
food fresh and in a desirable condition, a supply of ice is very necessary.

During the past summer something like thirty-five or forty new McDonald hatch-
ing jars were added to the equipment of the hatchery.

The engine that for the past three seasons was in the fish car Adirondack, was
removed and set up in the place of the hot-water engine which was used for pumping
salt and fresh water for the hatching of tomcods and smelt. The old hot-water engine
was frequently giving out and causing a loss and considerable trouble. The new engine
is working admirably.

In this report I have already referred to the hatching of tomcod, smelt and lobsters.

FISHERIES, GAME AND FORESTS. 73

During the coming year I hope to receive permission from the Commissioners to
place a hot-water heaterin this hatchery. JI recommend it on the line of economy and
better results. A coal stove cannot be made to heat a large hatching room so that the
employes can work over a hatching trough, with their hands continually in the water,
without suffering. Our experiment, or trial, with the hot-water heater in the Caledonia

Hatchery has demonstrated it to be the most desirable way of heating our hatcheries.

The Caledonia Hatchery, the oldest in the State, is under the very efficient manage-
ment of Foreman Frank Redband. Mr. Redband was for years Assistant Superin-
tendent under Monroe A. Green, and is well qualified to direct in all of the different
kinds of work and fish hatching done at this hatchery. The men stationed there
are at the proper season sent to the Great Lakes after lake trout and whitefish eggs ;
to Chautauqua Lake collecting and hatching the mascalonge eggs; to Oneida Lake
and other points collecting and hatching pike-perch eggs, and also in collecting the
black bass and experimenting with the artificial hatching of the same.

The grounds connected with this hatchery are very extensive, and during the sum-
mer season it employs at least two or three men at work keeping them in proper condi-
tion. During the past summer some very unsightly rocky knolls have been levelled
off, and the grounds facing the public highway have been graded; walks have been
laid, and a driveway into the hatchery grounds has been macadamized and put in good
condition. A small piece of swamp land belonging to the State is located very near
the hatchery, all the underbrush and old stumps have been removed, and wherever
it was practicable, the grounds were leveled off and dressed with good, rich earth,
and converted into lawns.

On the stream, just below the hatchery, a strong stone dam has been put in to re-
place a decayed wooden structure, so that we now have a large natural pond in the
stream which can be controlled by gates and screens so that no fish can escape, and
in my opinion the fish will thrive and do much better than if confined in small
breeding ponds. This dam also furnished us witha head of water so that we were able
to construct a new series of rearing ponds. This enlarges the capacity of the hatchery,
and makes it possible for us to carry from one to two hundred thousand yearlings.

In the hatching room of the hatchery many needed improvements have been made.
This room has always had a barnlike appearance, never having been ceiled, and where
wainscoated on the sides had never been painted. This has all been seen to,and, with
the addition of the hot-water heater, makes the hatching room one of the finest in the
country. I wish again to refer to the hot-water heater, as I think it is the true way
of heating the State hatcheries. During former years this hatchery has been heated

with coal stoves. In the vicinity of the stove during a cold day, the heat was

74 REPORT OF THE COMMISSIONERS OF

unbearable, but twenty or twenty-five feet away ice was forming on the floor, and
on the north and west sides of the hatching room from one-half to three inches of
ice was on the floor continually during a very cold snap. As a matter of expense,
I would mention the amount paid for coal during the winter of 1894 and 1895, when
over $109 worth of coal was put through the stove, and I will guarantee that with
the new hot-water heater the temperature will never get below fifty in any part of the
hatching room, and that the expense for coal will not exceed $75 for the whole season.

In this report Mr. Cheney has referred to the epidemic or mortality among the
fish located at this hatchery and in the adjacent stream, and has so fully covered the
ground that I think it is unnecessary to again call attention to that matter. I fully
concur with Mr. Cheney’s idea that perhaps it was a blessing in disguise, as I was
familiar with the kinds and quality of the fish contained in the breeding ponds, and
I know that a large majority of them had been crossed and recrossed so that it was
impossible even for an expert to determine to what variety, or species, they belonged.
What fish have been brought to the hatchery since this visitation of Providence,
have been pure bred fish, and I trust that the streams of the State will hereafter be
stocked with fry from this hatchery that the sportsmen will know what they are when
they catch them. After all of the losses among the fish are taken into account (and
they have been greatly magnified by many of the newspaper correspondents), I wish
to say, that fully ninety per cent. as many fry will be ready for distribution from this
hatchery next spring as ever before.

I am in hopes that some legislation will be enacted during the coming winter,
giving the Commissioners power to secure additional water rights, or privileges, at the
head of this stream, so that in the future we can guard against the recurrence of last
summer’s experience.

During the past season I succeeded in securing from the California Fish Commis-
sion a consignment of what is commonly called on the Pacific coast red throat trout
eggs (Salmo mykiss). Part of these eggs were received in good condition and were
hatched, and at the present time we have in our rearing ponds about 2,500 of the fry
that are about six months old. The balance of the fry I distributed in three different
localities, where they are carefully guarded, so that I feel very confident that nothing

can happen that will prevent our being able to secure a number for breeding fish.

The Clayton Hatchery is located in Jefferson county, about three miles from the
village of Clayton. The State does not own this property, only the hatching apparatus

used in the hatchery.
When it comes to numbers of fish turned out, then this hatchery is well towards

the top. Operations are only conducted here during a portion of the year,.

FISHERIES, GAME AND FORESTS. 75

commencing with the laying in of the stock of whitefish and cisco eggs, some
lake trout eggs, and closing with the hatching of the pike-perch and collecting of
large-mouth black bass.

M. B. Hill is the owner of this property, and during the hatching season super-
intends the collecting and hatching of the eggs; and in securing the services of Mr.
Hill I consider the State was very fortunate, as he is a veteran all-round fish culturist.

I consider this hatchery admirably located as to water supply ; for the hatching of
the fish handled at this place there can be no better or purer water.

The only serious objection to this hatchery is its location. All of the eggs have
to be carried some eight or ten miles overland from Three Mile or Chaumont Bays,
and the fry, when ready for distribution, have to be carted back again, or to the
railroad station at Clayton, and this cartage is no small item.

The principal pike-perch hatching station, and which has been in operation for
two seasons, is located at Constantia, Oswego county, on the shores of Oneida Lake.
within three minutes’ walk of the New York, Ontario and Western Railway station.
This work has generally been under the charge of W. D. Marks, who, previous to his
engagement by the New York Commission, had had considerable experience hatching
pike-perch in the West. This hatchery is centrally located for the distribution of
pike-perch throughout the State. The New York, Ontario and Western Railway
Company extend every courtesy within their power to the quick and prompt trans-
portation of the fry over their lines, or the delivery of the distributing car to other
railroads where connections are made.

All of which is submitted.

Yours respectfully,
JAMES ANNIN, JR.,
Superintendent of Hatcheries.

REPORT OF THE COMMISSIONERS OF

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94

REPORT OF THE COMMISSIONERS OF

Itlegal Devices Seized and Destroyed Daring the Months of

April, May, Jane, Jaly, Aagast and September, 1395.

Harrison Hawn.

8g5 | | ES |) Ree | ames | Gt) SOE |isetnce || 75222, | cpears eee evar
April II $145.00
May 8 160.00
Total 19 $305.00
JosEPH NORTHUP.
April . 5 : 5 ad 2 $160.00
May I I 3 3 119.00
June 3 7 77-00
July 3 4 62.00
August si I ie) 52.00
September 2 I 2 62.00
Total 8 I 16 26 2 $532.00
Henry C. Carr
April . 13 B $1,520.00
May 30 me I 620.00
June 17 1 350.00
Total | 120 I I $2,490.00
GEORGE M. SCHWARTZ.
April 16 17 ue $472.00
May 22 4 5 367.00
Total | 38 21 5 $839.00
CHARLES H. Barer.
April 2 iN $12.00
June 4 4 72.00
Total 6 4 $84.00

FISHERIES, GAME AND FORESTS. 95
CHARLES RIpson.
1895 Nas | nee | ‘wes | ets | Mets | Seimes | yine, | Spears | gigus | VaLce
|
iol! gg a I ap if 5 ye I a me ae $90.00
|
CAMERON COTTON.
|
Apa! 5 oo I 4 8 Ere a 8 | $140.00
Joun W. Lisk.
August . . | I | a | ee | Ln | I | ie | I | os | PF. | $63.00
Simon MarsHAt.
i
April 9 2 | $120.00
May 2 I I I 68.00
June 3 69.00
August 2 30.00
Total | 16 4 2 I $287.00
Wa iace L. REED.

MIB Sao oe Reece ies, ye ie th 3 cu alle es $10.00
Wiime 5 oo ae a ae ae oe a 13 I I 45.00
PATHS Caen Fe ar th I I | 22.00
September I B 16.00

Total 2 4 16 I I $93.00
Dennis P. Woop.
. |
Ajo 5 5 6 A Be a Re 2 ae 2 | $30.00

CHARLES A. GILBERT.

i eee | | ee

96

REPORT OF THE COMMISSIONERS OF

NoeEL W. CoNGER.

1895 Nets | Nee | ‘Nets | Nets | Nets | Seines | rises | Spears | packs | VALUE
April . 2 I I $30.00
September 3 3 42.00

Total 5 I I 3 $72.00
Atvin F. WAITE.
April . 4 2 $148.00
Frank W. CHENEY.
April . I Ks | $20.00
{
ORLA S. POTTER.
May I my $20.00
July 2 70.00
August I 25.00
Total I 3 $115.00
DanieL N. Pomeroy.
|
May te | 3 8 I $300.00
June I I 13 140.00
July I ae 3 I 155.00
August I I 5 71.00
September I 2 25.00
Total 4 | 2 II 24 2 $691.00
SPENCER Hawn.
May I Bs be a $40.00
June ae 2 2 2 69.00
July 3 8 I 198.00
August 5 45.00
September 6 103.00
Total 4 10 14 2 $455.00

FISHERIES, GAME AND FORESTS, 97
E. J. Lospe t.

1895 Nas | New | "Nets | Nets | Nets | Seimes | yines VALUE
May . . ye ; I | $7.00
September I I 2 55-00

Total I I 3 Re | $62.00
M. C. Worts.
July Ae I $3.00
September I 5-00
Total I I $8.00
Epwarp I. Brooks.
May 4 3 ur. 8 $92.25
June I 4 10 2 172.25
July 2 2 14 244.50
August I ae 2 10.00
September I I 2 55-00
Total 9 IO 10 26 $574.00
BENTLY S. Morri_t.
May 2 I 3 I I $77.00
June 2 I 50.00
July 2 3 19.00
Total 2 7 I 5 $146.00
S. HEsBacuH.
June De Se | I $150.00
GEORGE CARVER.
June 15 8 : a $190.00
July 5 ; I II 58.00
August ne I 2 28.00
September 4 4 205.00
Total 24 13 I 13 $481.00

98 REPORT OF THE COMMISSIONERS OF FISHERIES, GAME AND FORESTS.

James H. LamMpHERE.

1895 Nes | nee | Nets | Nets | ‘Nets | Seines | 1ists | Spears | paces | VALUE
July 2 $10.00
August 2 ne 13.00
September I 15 g.00

Total 5 15 $32.00
ALLEN C. SMITH..
September 4 [ 2 $18.00
Joun L. ACKLEY.
June 7 I 4 $52.00
July 8 3 39-00
August 10 2 41 00
Total 25 I 9 $132.00
Witiiam A. TEN Eyck.
June 2 $5.00
July I 3.00
Total 3 $12.00
AustTIn B. KLock.
July 3 $135.00
|
GEORGE B. SMITH.
July 5 $5.00
August B 5.00
Total 10 $10.00
Moses E. SAwyeEr.
September . | | | 3) | $6.00

Food for Fishes.

HE science of propagating fish by artificial processes

has made wonderful strides since the year 1741,
when Stephen Ludwig Jacobi, “the Father of Fish
ae Culture,” hatched trout in little wooden troughs on
. his ancestral estate of Hohenhausen, in the Province of Var-
enholz, Germany. With the discovery, in 1856, of the dry
method of impregnating fish egg, made by V. P. Vrasski, in Russia, it was possible to
impregnate and hatch roo per cent. of the eggs of fishes of the salmon family, and that
is as far as the science of fish culture can go in this direction. How great an improve-
ment this result was over that obtained by natural processes was largely, if not wholly, a
matter of speculation until it was found, only afew years ago, that of a lot of salmon eggs
deposited by the fish in a Canadian salmon stream only two per cent. by actual count
were impregnated. The salmon had deposited their eggs, the stream had fallen until
the spawning beds were exposed, or nearly so, and the Fisheries Department of the
Dominion began the work of rescuing the eggs from destruction. A strict count was
kept of all the eggs secured, with the result stated. It was a wonderful accomplish-
ment to exceed nature by ninety-eight per cent. in the matter of impregnating and
hatching fish eggs, so wonderful that the science of fish culture placed a crown of laurel
upon its head and waited for a season to hear the plaudits of the world. This was
human nature and excusable, and the accomplishment was so great and of such vital
importance to the whole world in solving the economic food problem, that fish culture
would have remained crowned with bays for all time if no further steps had been
taken in the science.

99

100 REPORT OF THE COMMISSIONERS OF

Perhaps the next great step was the rearing of the helpless fry to fingerlings or
yearlings, in the hatching stations, before turning the fish into wild waters. The
importance of this step is perhaps not fully understood yet, but coupled with the first
great step it places artificial fish culture where it can almost bid defiance to natural
conditions operating against young fish life, and the second step is as valuable to the
world as the first.

But there is a third step yet to be taken, and it must be taken or fish culture will
lose some of the benefits already derived, and how few there are, comparatively, who
realize the necessity for taking this third step, which is to provide food for the young
fish turned into the water in millions, where nature has provided food only for thousands.

Twelve years ago | prepared a paper upon “Food Fish and Fish Food,” which was
read before the American Fisheries Society, in which I called attention to the neces-
sity for providing food for the young fish turned out from the State and National Fish
Hatcheries. Commenting upon the paper before the meeting in the discussion which
followed, the late Col. Marshall McDonald,then United States Fish Commissioner, said:
“The paper of Mr. Cheney presents interesting facts. In our plantings of white fish
and shad we have left out the food question entirely. I remember that years ago Mr.
Seth Green made the statement that shad could be produced in such numbers as to
flood the James River when they returned from the sea full grown. Perhaps this could
have been done if the fish went to sea for their food as soon as they began to feed,
but they remain in the river six or more months and must have food. To this food
there is a natural limit. Take the Hudson for instance. At Troy and below there is
only a certain amount of food and only a certain number of fish can live and grow.
All above this number will be insufficiently fed. The only manner in which the extra
quantity of shad can find food is to open the gates and let the fish go higher.”

This mode of “opening the gates” by planting the young shad in the upper
river and by building fishways, to let the adult shad up to spawning grounds above
Troy, is referred to in another paper in this report. In 1883, Col. McDonald had not,
evidently, considered the plan of cultivating food for fish at the same time that the
fish are cultivated. In the discussion from which I have quoted Col. McDonald’s
remarks, the late George Shepherd Page, president of the American Fisheries Society,
said: “This paper by Mr. Cheney is a most interesting and timely one, and it is one
that will bear continued agitation. Too many people make ponds and put fish in
them to either starve or drag out a miserable existence. The cases cited by
Mr. Cheney are to the point and show conclusively that attention should be paid to

fish food as well as to food fish.”
What attention has been paid to this matter, admittedly of vital importance,

during the twelve years that have passed since Col. McDonald, never afraid to admit

FISHERIES, GAME AND FORESTS. 10!

of errors and ever ready to correct them, confessed that the fish food question had
been entirely left out of the plan for restocking our waters? In this country little
or no attention has been given to it, outside of a few fish culturers’ establishments,
and the people are still asking for fish to be planted in public waters in numbers
that give one the impression that it is believed that the fish will live on water or
air. This Commission has received applications for fish, which, if granted, would
have been the means of turning a lot of fish out to starve, as the number of fish
sought was much greater than the waters mentioned in the application would support
if the fish had to depend upon the natural food supply.

When this Commission was organized, one of the first things decided upon by the
Commissioners was to scrutinize all fish applications and furnish fish for such waters
only as were suitable for the fish asked for, and in such quantities as was reasonable
to suppose the natural food supply would support, and further to add to the
natural food supply of all planted waters as rapidly as the means at their com-
mand would permit.

This policy of furnishing food for fishes in public waters is one in which the
Commission is greatly interested, and already substantial progress has been made
in this direction, and it will be prosecuted vigorously in the future; but the people
who apply for State fish can render valuable assistance to the Commission if they
will investigate for themselves what the waters they desire to stock may contain in the
way of fish food. In the application blanks for fish of all kinds is printed this
question: ‘‘ What is the principal local food of the fish?” If an answer is given
to this question at all, it is generally ‘“‘ minnows,” as if all fish feed upon minnows
at all times. Another question in the application blanks is “What is the tempera-
ture of the water in July at the surface and at a depth of twenty feet ?”’

The applicants rarely take the trouble to ascertain the temperature of the water
they wish to stock, and yet it is of vital importance to know the temperature if certain
species of fish are to be planted with a reasonable expectation of their surviving.

There are scores of lakes and ponds in this State in which black bass have been
planted, and where they do not thrive because they have exhausted the natural food and
other food has not been supplied for them. The black bass is not a fish for small waters,
and nature understood this when the fish were originally established only in large waters
where an abundance of food could be found. Not a single one of the interior lakes,
ponds or rivers of New York contained black bass until they were brought to the Hud-
son by the building of the Erie canal, and then distributed broadcast by man and fish
cans. When transplanted to small ponds the bass do well for a few years until they
have eaten all the surplus food, and thereafter they are dwarfed and are forced to eat

their own young or starve. There is no fish to my knowledge that will so thoroughly

102 REPORT OF THE COMMISSIONERS OF

dispose of the food supply of a pond as the black bass. One of the best foods for black
bass, and one easily supplied and a rapid breeder, is the crayfish, or crawfish. Lake
George, thirty-six miles long, has always had black bass so long as man can remem-
ber, and they probably came in from the great lakes through the St. Lawrence River
and Lake Champlain. The largest bass ever taken from this lake weighed six and one-
half pounds until crayfish were planted in the lake by the State as bass food; and
when the crayfish were well established the maximum weight of the bass went up to
seven and one-half pounds. ‘The crayfish are now very abundant in the lake and it is
the one form of food the bass seem unable to exterminate.

It is claimed by scientists that we have some thirty-eight species of crayfish in this
country, one genera with six species being found only on the Pacific Slope. No cray-
fish have been found in the New England States except in Western Vermont and
Massachusetts, and in Central Maine. There are three species common in this State
and their breeding and shedding habits are similar to those of the lobster. In fact, the
crayfish is frequently called the fresh water lobster. The three species have been
called “plant loving, stone haunting, and mud frequenting species.” It is the “river, or
stone haunting” species, Cambarus affinis, that we are chiefly interested in and the one
illustrated in this paper. The crayfish are scavengers, but they are omniverous
animals and young fish, cyprinoids, that fall into their claws are doomed. Crayfish are
found under stones in brooks and along the shores of a pond or lake, and there is
generally a small pile of fresh sand near the edge of the stone which shelters them. In
the spring months the female is found carrying her eggs attached to the swimmerets
under her tail.

In Bohemia the crayfish is cultivated artificially, but the object of this paper is
not to deal so much with the cultivation of fish food artificially, as it is with the trans-
planting of fish food naturally cultivated from waters that are fertile to waters that are
barren, where it can reproduce itself. This is something that every one interested
in fish planting or in angling can take part in. To transplant crayfish they should be
placed in vessels containing water, sand, gravel and small stones. If crowded in a can
or if no material is provided in which to burrow and hide, they will maim and kill one
another.

Many lakes have been planted with so-called land-locked salmon, which is the
ouananiche of Canada, and have never been heard of after; but where they have been
planted with the smelt or the round whitefish, which is the “frost fish” of the Adiron-
dacks, they have remained. If the food of the ouananiche will thrive in any water,
the ouananiche will thrive; and the proper way to test the matter of planting ouananiche

is to plant the food.

FISHERIES, GAME AND FORESTS. 103

The lake trout, called improperly in the statutes salmon trout, is a fish of deep,
cold water, and it also lives largely on one or another of the whitefishes, because they
inhabit the same deep, cold water; but the lake trout have been planted in Adirondack
lakes, where they drag out a miserable existence for lack, solely, of proper food.

Doubtless, many streams that were once trout brooks could be restocked if proper
food was supplied, and failures to restock them may be traceable directly to the lack of
food if the subject is investigated. Changed conditions may have operated against the
food supply rather than against the fish. Fishes are probably creatures of habit as
well as man, and if they are supplied only with food which is found at the bottom they
will look to the bottom for it, and not look to the surface, where the angler casts his
flies; so the food question is one that relates more than anything else to the condition
of the fish, as their habits may be changed by a change of food that causes them to
look up for it rather than down.

Caledonia Creek, as it is generally known, on which is situated the hatching station
of same name, the first built by the State, has long been famous for the excellence of
its trout, and not alone for the excellence

of its trout, but for the large number of

trout sustained in perfect condition. Prof.
J. A. Lintner, the State Entomologist, who

has examined the insects and other ani- Ni

s ()
ME. :
GSE ERS

x

mal forms of Caledonia Creek, says it is
believed that the trout abound therein in
numbers more remarkable than in any
other natural locality in the United States ;
and he says of the food: “I found the
mosses and plants swarming with insect
forms, crustacea, etc., to such an extent
as I had never seen before, and which I
could not believe to be a fair representa-
tion of the fauna of Caledonia Creek.” He
was informed that no living forms had
been placed in the can containing the
mosses for examination, except those con-
tained in the plants when gathered. Com-
missioner Babcock has pulled a single tutt

Fig. 1. Moss From Caledonia Creek.

of moss from the creek, and estimated that
there were fifty fresh water shrimps on it. Fig. 1 is a thin tuft of the moss (natural

size) from Caledonia Creek, attached to a pebble and having small water insects,

104 REPORT OF THE COMMISSIONERS OF

mollusks, etc., among its branches. The most abundant form found was the small
crustacea, Gammarus fasciatus, Say, but more generally Gammarus pulex, already
referred to as the fresh water shrimp, Fig. 2.

This is one of the very best foods, and it is easily transplanted, breeds rapidly, and,
with other crustacea, give the rich red color to the flesh-of the fish. Indian Lake, in
the Adirondacks, was famous for its trout with deep red flesh and creamy curds be-
tween the flesh flakes. Some vandal put pike, the so-called
pickerel of this State, in the lake, and they destroyed the trout;

but for years after their introduction the pike had flesh of a
Ne we beautiful pink tinge. Iam fully aware that it has been ques-
ak tioned whether the pigment in the shell of the crustacea is

faceee DEES accountable for the red flesh of the fish that feed upon them;
Fig. 2, Fresh Water Shrimp. 14t Prof. Agassiz has said “the most beautiful trout are found
in waters which abound in crustacea, direct experiments having shown that the inten-
sity of the red colors of their flesh depends upon the quantity of Gammaride which
they have devoured.”

Lanman has stated: ‘‘One principal cause for the great variety in color of the
brook trout is the difference of food; such as live upon fresh water shrimps and
other crustacea are the brightest ; those which feed upon May-flies and other aquatic
insects are the next ; and those which feed upon worms are the dullest of all. Trout
which feed much on larve (Phryganide) and their cases are not only red in flesh but
they become golden in hue and the red spots increase in number.” The larve
referred to are those of the Caddis fly and will be mentioned later. While food may
have something to do with the external coloring of trout, they have power to change
their general color to accord with the color of their surroundings, and this doubtless
is a provision of nature to enable them to escape from their enemies.

The shrimp is exceedingly prolific, breeding several times a year, and although
it is small (the line under the figure indicating the length of a full grown speci-
men), once it is established in a stream it breeds more rapidly than the fish, no
matter how plentiful, can eat them.

Investigation has proven that small crustaceans, either fresh or salt water forms,
are the principal food of the shad, herring, whitefish, salmon, trout and smelt. The
so-called Otsego bass, a white fish, has a superior flavor, which is attributed to shrimp
food. The State has planted thousands of shrimps in waters where they were
previously unknown, and with each planting has been sent a quantity of moss from
Caledonia Creek, already figured in this paper, which contained other animal forms.

Another favorite fish food are the various species of May-flies, one of which

is figured. At the time this drawing was made for this paper the flies were not to

FISHERIES, GAME AND FORESTS. 105

be obtained, nor could a figure be found showing the fly in another, and perhaps
more familiar, position, with wings cocked up and the long slender abdomen, ringed
as may be seen in the figure, turning upwards and ending in
two or three delicate stylets. Some species have two and ae
some three stylets. The net-veined wings may also be
seen in the figure.

The May-fly, day-fly, sand-fly, shad-fly, are some of
the names given to the ephemera which are known to fish-
ermen as the drakes—green, gray, yellow, brown, black,

amber, iron-blue, etc. The largest and, perhaps, the best

/ \
known of the May-flies is the Green drake, and the March ie Loeeeibe

brown is also a favorite with the angler.

Professor L. C. Miall, F. R. S., in a recent work upon the Natural History of
Aquatic Insects, published by Macmillan & Co., has grouped certain aquatic insects
with the names employed by anglers to describe flies in the group.

1. Diptera (Two-winged flies). Golden Dun Midge.

2. Trichoptera (Caddis-flies). (This group is approximately the same as Phry-
ganidz, mentioned by Lanman and Prof. Lintner.) Blue Dun, Little Red Spinner,
Sand-fly, Grannom, Turkey Brown, Dark Spinner, Silver Horns, Cinnamon-fly.

3. Sialidae (Alder flies). Alder or Orl-fly.

4. Perlidae (Stone-flies). Red-fly (Old Joan), Stone-fly, Willow-fly (Shamrock-fly).

5. Ephemeridz (May-flies). March Brown (Dun or Brown Drake), Great Red
Spinner, Yellow Dun, Iron Blue Dun, Jenny Spinner, Little Yellow May Dun,
Sky Blue, Green Drake (May-fly), Gray Drake, Orange Dun, Black Drake, Dark
Mackerel, Pale Evening Dun, Whirling Blue Dun, July Dun, August Dun.

The method adopted by Michael Theakston, an English fisherman, of classifying
the insects chiefly copied by the artificial fly dresser, has always seemed to me more
popular for fishermen to follow. He divides the insects that are most imitated in
feathers, silk and tinsel into seven classes: Browns, Drakes, Duns, Spinners, House-
flies, Beetles and Ants. Perlide are the Browns, Needle Brown, Orange Brown,
Stone-fly, etc.

Ephemeridz are the Drakes—May-fly or Green Drakes and all the other drakes.

Trichoptera are the Duns, the various Caddis-flies, which, by the way, should not
be confounded with the May-flies, as they are quite different, although the Century
Dictionary says the May-fly is the Caddis.

Diptera are the Spinners, Black Hackle, Early Spinners, Jenny Spinners, etc.

House-flies, Beetles and Ants tell their own story, and include the flies known as
Blue Bottle, Cow Dung, Gnats, Red Ant, Black Ant, etc.

106 REPORT OF THE COMMISSIONERS OF

When the May-fly is in season the trout and other fish simply gorge on them, and
they occur all over the Northern United States and the Dominion of Canada. They
are called the Day-fly because their winged life is supposed to be limited to a single
day, but this is not so. When I conceived the idea, as I did a few years ago, of trans-
planting the Green Drake to waters where they were unknown to serve as fish food, I
caught a large number of the flies as they came from the water and confined them in
biscuit tins perforated to admit air, and in the wire portion of a bait bucket. They
lived for nearly two days under my observation, when I was suddenly called away, and
I know not how much longer they did live. There may be some species that do not
live longer than one day, but it is of record that the species shown in Fig. 3 have been
known to live a week. I might say, if any one cares to know it, that the figured
specimen is Heragenia bilineata of Say, and is from an example taken by Prof. Lintner
near Schenectady in the month of June.

The flight of the May-fly at its height has been compared to a snowstorm, and I
have seen them covering the entire front of a large summer hotel, windows, doors and
every inch of woodwork, as though the house had been plastered with May-flies for a
purpose. This was because at the height of their flight the wind had blown them
against the house. I have also seen the empty larve cases of the May-fly thrown up
on the shore of a lake by the waves in a regular windrow. So it is not a difficult
matter to obtain the flies for transplanting. That they have been transplanted success-
fully I discovered soon after I experimented with the flies to find how long they would
live. An English officer, Major G. W. Turle, transplanted the flies and the larve and
established them in new waters. Swammerdam’s “Life of an Ephemera” is only
partly correct in describing the propagation of the May-fly, and yet it is quoted as
authentic :

“When the female has emerged from the water and cast off her skin she passes
the contents of the double ovary into the water, but first she moves to and fro on the
surface of the water as if in sport, and flits about with a rapid, exploring motion. Imme-
diately after the eggs are passed into the water they are fertilized by the male” (this
is incorrect, as the eggs are fertilized before they are deposited in the water), ‘which
has previously emerged and cast off a delicate membranous skin. The eggs sink
slowly and are scattered over the mud at the bottom of the stream.” It is unnecessary
to quote further from Swammerdam, for his description of the life of the larve of the
May-fly is too technical for a paper of this character, and in some particulars further
investigation has shown that he was wrong, although in the main correct. It requires
two years for the larve of the May-fly to pass from the egg to the winged stage of its
existence, and at all stages it furnishes first-class food for fishes. When the flight of

the flies takes place the larva rises to the surface of the water, bursts its case, unfolds

FISHERIES, GAME AND FORESTS. 107

its wings and flies to the bushes, trees, buildings or other object on the shore, and
alights with the body hanging downward. The males and females rise together, live
their short lives together, and die together. Soon after the flies rise from the water
they shed their skin. I do not refer to the larvze case, which is left on the water, but
to the membranous skin of the fly itself. This is as I described the process a few
years ago in Forest and Stream:

““A few nights ago I was writing late, and in at the open window of my library
came a drake (May-fly), and settled on the sheet upon which I was writing. A few
moments after in came a spinner, with its long, slender legs, cylindrical, jointed body
and narrow wings, and after a tilt with the light dropped into my ink. If this was not
an invitation to get out fly-rod and fly-book and go a-fishing, what was it ?

“The next morning I found on a wire window screen seven drakes, six of one
species and one of another. After breakfast I lighted a pipe and sat down inside the
screen to watch the May-flies outside. Six of the drakes had two stylets or ‘ whisks’
each; the other had three, and was a bit larger in body and wings. My daughter was
with me, and, her eyes being sharper than mine, she was the first to discover that the
skin on the back of one of the smaller drakes, near the head, had split. Then there
was an undulating motion of head and body, and first one and then another leg of the
insect was lifted as a man might do in pulling his legs out of the mud. The legs grew
longer and longer, and a reading glass showed me that they were being withdrawn
from an outer skin, as, to continue the simile, the man stuck in the mud would pull his
legs from his long boots. The outer skin seemed to adhere to the screen as if fastened
with a sticky substance. Ina few moments the legs were clear of the outer skin, and
the drake rested. Then the undulations of the body began again. Before they had
been distinctly up and down. Now they were forward and back, or serpentine, as
though the body contracted and elongated. This movement was intensified to the
eye by the ringed body of the drake. The head was bending slowly backward
towards the extremity of the body, when suddenly the wings were drawn clear of the
outer skin. Another rest for a moment, and the brave little drake crawled forward a
trifle, leaving the filmy skin, even to the covering of the stylets, fast to the screen.
The drake, which had been dusty and gray, although just out of its larvae case, was
now bright and shining. Its veined wings were transparent and glossy, its ringed
body was polished, and altogether it was a neater and more trim little drake than
beiore throwing off or crawling from its outer skin.”

To transplant the May-fly, cardboard boxes should be provided, and inside the
boxes perches for the flies must be fixed. This can be done with a sail needle and
worsted, sewing through the cardboard from side to side, making the perches about

two inches apart. As the flies are captured and placed in the boxes they will promptly
8

108 REPORT OF THE COMMISSIONERS OF

climb up on to the worsted perches until they are filled. Transport the boxes to the
water it is desired to stock, and shake the flies out on the bushes bordering the stream.
The flight of the May-fly covers a period of two weeks or such a matteron a stream
or lake, and on some waters they are much later than on others (I have seen them
rise on the Saguenay as late as September), and Major
Turle says that if flies from an early rising stream are
transplanted to a late rising stream, the period of flight
may be extended.

The fly which is sometimes confounded with the May-
fly or drake is the Caddis-fly, Fig. 4.

This example is enlarged as will be seen from the lines
under the figure. Like the May-fly this figure shows the

Caddis with wings extended. At rest the wings of the

Fig. 4. Caddis-Fly. Caddis-fly are folded close to the body. The larve form
of the Caddis-fly is called Caddis worm, in which stage it is eagerly sought as food
by fishes. Prof. Barfuth, of the University of Bonn, examined the stomachs of six
trout; in one he found the cases of four Caddis worms; in the second, one hundred and
thirty-six cases; in the third, five hundred and eighty-five cases; in the fourth, one
hundred and sixteen cases; in the fifth, one hundred and eighty-six cases, and in the
sixth, one hundred and fifteen cases.

Réaumur says the Caddis worms are “found in small streams and brooks, in ponds
and lakes; in a word, in any piece of water which has plants living in or around it.
They are usually vegetable feeders, but not exclusively so. The body of their larvee
is lodged in a silken tube, to the outside of which are fastened fragments of different
substances selected for the purpose of strengthening and defending it. The sheaths
may be quite irregular, rough and prickly, or smooth and symmetrical. When the old
sheath becomes too narrow or too short the larva makes a fresh one.” (They fre-
quently repair or extend the old case instead of making a new one.) ‘‘ Sometimes the
new sheath differs more from the cast-off one than our dress of to-day differs from that
of our grandfathers. * * * ‘They employ very different materials, and the kind of
material largely affects the dress which they put on. They make use of whole or
nearly whole leaves, or little sticks and straws. Others use seeds, roots, grains of
sand and gravel, or the shells of water-snails and bivalves; in short, all the materials
which can be found in water are employed by particular Caddis worms. In some
sheaths one only of these materials is employed, and these are the most neatly con-
structed. In other sheaths a number of different materials are made use of, so that
the larve is dressed, so to speak, in ras= and tatters, and its covering is altogether

shapeless.”

FISHERIES, GAME AND FORESTS. 10g

Figures 5, 6, 7, and 8 are examples of Caddis worm cases or sheaths, and all came
from Caledonia Creek. Fig. 5 is composed of small stones, and is of natural size.
Fig. 6 is twice natural size and is composed of gravel and a few larger stones. Fig.

7 is composed of bark, and Fig. 8 of charcoal and shells.

Fig. 5. Fig. 7.

These examples were selected because they were found in a stream on which one
of the State hatcheries is situated, and they represent cases constructed by four differ-
ent species of Caddis worms.

McLachlan’s Trichoptera of the European Fauna shows cases that are quite
unlike the figures here given, but all would be quickly recognized as Caddis worm cases
from the illustrations in this paper.

Fig. 9 is an enlarged Caddis worm taken from the case of bark, Fig. 7.

The line at the side of the worm indicates its actual length. Some
Caddis worms creep along the bottom of a stream, but others load their
cases so heavily with gravel that they never move. At best the larve is a
poor swimmer, and to move at all they usually creep, hence the name

“creeper” applied to the Caddis worm, and also to the May-fly larve by

the anglers in England where both are used for bait in fishing. The Caddis

#8 worm has at its hinder end two hooks projecting outward by which it holds

Meee itself in its case should an attempt be made to remove it. Réaumursays the
cases of gravel and sand are the most difficult to construct, and yet a Caddis worm will
make one in five or six hours. Ina trout pond on the top of a mountain in Vermont
I saw the bottom literally paved with Caddis worm cases and the trout were the finest
flavored I ever ate. Originally this pond contained nothing for the trout to eat but
small crustacea and insects in various stages of existence, but minnows were planted
by men who were fishing through the ice in winter with live bait, and thereafter the
flesh of the trout became light colored in some examples. Wilmurt Lake, in this State,
has no other food than crustacea and insects, and the trout from the lake have been pro-

nounced the finest known for the table.

When the larve of the Caddis passes to the pupa stage it reconstructs its case and

it is generally shorter than before. The pupa emerges from its case, climbs up the

110 REPORT OF THE COMMISSIONERS OF

water weeds or stones until it gains the air, and throws off the pupal skin. When lib-
erated it swims about easily, but with its back downward, and the fly escapes from the
floating pupa. The fly has four wings, and wings and body have a hairy appearance
as though fringed with short hairs as shown in Fig. 4.

The eggs of Caddis-flies are laid in water, or on water plants, or on trees overhaug-
ing a stream, or sometimes far from the water. They are often of green color, and are
laid many together in a mucilage which swells out as soon as it comes in contact with
water, forming a cylindrical egg rope, or in some cases a flat disc. To transfer the
Caddis-fly for the purpose of furnishing fish food the larve cases, or worms, can be
gathered in the spring, or even the pupa cases, and placed in a bucket of water and
carried to the stream or pond it is desired to stock. They need not necessarily be
gathered in the spring unless it is hoped to have a rise of the flies the same year. The
cases are so abundant that when found it is an easy matter to collect them by the
thousands if desired for transplanting. I imagine the eggs can be transplanted as
successfully as the worms. The fish eat cases and all when they feed on the worms
in the cases, as they have no means of extracting them.

All the fish food thus far referred to constitutes more particularly the food of fishes
after they have grown beyond the fry stage, although at some period of their existence
all of the food may serve to feed very young fish. There are smaller crustacea than
the crayfish or shrimp which swarm in the waters of ponds, lakes and streams, and
which serve to feed young fish when they begin to take food through the mouth after:

the umbilical sac is absorbed.

Fig. 10. Cyclops

Fig. 10 is one of these crustacea, the Cyclops, and I regret that it is a very crude
figure of a male. The female has two attachments near the tail on either side which

are the egg sacs, and are easily distinguishable on close inspection.

FISHERIES, GAME AND FORESTS. III

The entomostraca are minute crustaceans, but the Cyclops has been greatly
enlarged, that it may be more easily identified. A single entomostraca, either of
this specie or the one next described, is so small that it requires good eyes to
distinguish it in the water, but a mass of some species of entomostraca in the water
in the spring and summer has an appearance not unlike blood. Small as these
crustaceans are, a species of copepoda, to which order the Cyclops belongs, forms

much of the food of whales. Fig. 11 is another crustacean, Daphnia pulex.

Tig. 11. Daphnia pulex.

This minute crustacean is commonly known as the water-flea, and like the “ four-
horned” Cyclops, is greatly enlarged in the drawing. If all is true that has been
said of the Daphnia, they are the most prolific animals on earth. During a corre-
spondence with an Austrian fish culturist in regard to fish food he sent me a clipping
from an Austrian newspaper which, being translated, read that ‘A pair of Daphnia
increases (reproduces) within twenty-four hours to 1,000,000,000 of descendants.”
This seems to be too remarkable a feat in reproduction for one poor little female
Daphnia to be charged with. I submitted the correspondence to Mr. Charles G.
Atkins, Superintendent of the Maine Hatching Stations of the United States Fish
Commission, who, more than any man that I know in this country, has investigated
and practiced the artificial propagation of natural fish food. Mr. Atkins, after reading
the statement of wonderful reproduction of Daphnia, said: ‘‘The man who wrote
that has committed an enormous blunder. The increase of Daphnia is at no such

rate. In an article that I read, some time since, in Revue des Sciences Naturelles

el. REPORT OF THE COMMISSIONERS OF

Appliquées, a writer who appeared to me to be exaggerating in other matters that
I knew something about, gave this estimate: ‘that the descendants of a single female
Daphnia would in sixty days amount to 1,291,370,075 individuals.’ That is
astounding enough and I| am not yet ready to accept it, but Mr. ——— makes a female
Daphnia do about four-fifths as much in twenty-four hours.

“We have studied Daphnia some at this station, kept them in aquaria and under
such restraint as enabled us to follow their reproduction. The eggs are large, the
brood cavity could not hold a hundred of them at once, I should say that less than
fifty would be the average. In the summer they hatch in the brood cavity and
come out alive and kicking. It takes three or four days for eggs to mature and
come forth, and about a week for the young to come to maturity so as to reproduce.
Of course, I recognize the possibility of European Daphnia being more prolific
than ours.

“At Wood's Holl there was an abundance of two species of Daphnia, one of them,
I think, Daphnia pulex, the other a very large one, say one-fifth or one-quarter of

an inch long, the largest I ever saw.”

Fig. 12, Daphnia bearing eggs.

Mr. Atkins sent me specimens of two species of Daphnia, and one individual
bearing eggs was enlarged in a drawing for this paper, in the office of the State
Entomologist, and is shown in Fig. 12. -About forty eggs can be counted in this
single specimen, which it will be noticed is of a different species from that shown
joel eaves 33s

While preparing this paper I was suddenly confronted by a dilemma which was for
the moment most embarrassing. The drawings and plates of the figure had been
made of the Daphnia, and my notes commending the crustacean as fish food were
practically ready for the printer when incidentally Dr. Tarleton H. Bean, Director of
the New York Aquarium, informed me that in translating from the French a

FISHERIES, GAME AND FORESTS. 113

lecture by Dr. Jousset de Bellesme, Director of Fish Culture of Paris, he found that
the lecturer placed little value upon Daphnia as fish food. I was furnished with a
copy of the translation and found that it said:

“T have demonstrated in experiments made at the Trocadéro Aquarium that feed-
ing by means of Daphnia is simply a dangerous illusion. These little animals possess
very small value as food, and fish which are subjected to this régime do not grow.
But it is important to the fish culturist that his products grow as quickly as possible,
and to accomplish this we must not forsake food materials of rich quality like meat,
blood, etc.”

There were three things any one of which might be done under the circumstances ;
abandon the idea of referring to the Daphnia as desirable food material for fish ; ignore
the conclusions of Dr. Jousset de Bellesme, or, show that he was in error and his con-
clusions were not final.

Upon reading the entire lecture I found that in his experiments his efforts were
directed entirely to rearing fish for market to a certain size in the shortest possible time
consistent with prime condition of the fish, and really his condemnation of Daphnia as
fish food was not as sweeping as his. words would make it appear.

It will be fair to say that Dr. Jousset de Bellesme means that under his system of
pond culture, which he explains at length, Daphnia do not possess qualities as fish
food to produce the maximum growth of certain species of fishes, within a given time,
to obtain the best results from a monetary point of view, when the fish so fed are treated
as a marketable commodity. Of this view of the matter we have nothing to say, for
it is entirely outside of the purposes of this paper to treat of feeding fish for market,
but for fear that the unqualified assertion which I have quoted from the translation
may become current it may be wise to see how other fish breeders regard the little
crustaceans as food for fishes that are not being fattened for market.

Mr. J. J. Armistead, proprietor of the Solway Fishery, Dumfries, Scotland, is one
of the most advanced fish culturists in Europe, and his opinion of all that relates to fish
breeding and fish food is most valuable as he speaks from long experience.- He says,
speaking of the necessity of multiplying the creatures on which the fish feed, if the fish
themselves are to be multiplied by artificial means: ‘‘ One of the best animals to cul-
tivate is the water-flea (Daphnia). There are some ten varieties varying in size from
three-sixteenths to one-sixteenth of an inch in diameter. The commonest species is
Daphnia Pulex, which varies in color and size considerably according to the nature of
its surroundings, and also to the time of year. It thrives best in moderately still water,
and under favorable conditions its rate of increase is considerable, the females usually

producing three broods per month.”

114 REPORT OF THE COMMISSIONERS OF

Mr. Armistead has this also to say about Cyclops previously figured in this paper. _
“The great importance of these creatures will be understood, when we consider that
it has been estimated that a single female may be the origin of over four hundred
millions of its species in one year; nay, according to a calculation by Jurine, a single
Cyclops is capable of producing over four billions in the course of a single year. The
calculation is based on the assumption that all live and go on producing, but in reality,
such an occurrence never takes place, as there are so many predacious animals which
prey upon these crustaceans, that few of them practically survive. These figures, how-
ever, have their lesson. They teach us of the enormous possibilities that exist with
regard to the increase of these minute creatures, where by so-called artificial means
they can be protected from their enemies and allowed to multiply enormously. The
food of Cyclops is produced by decaying vegetable matter, and minute spores.”

While looking over the authorities to find what, if anything, had been said on the
subject of minute crustaceans for fish food, quite by chance I found a review of a new
book in the Fishing Gazette, London. ‘The title is ‘““ Animals at Work and Play,” and
the author is C. J. Cornish. One chapter is devoted to “The Invisible Food of Fishes,”
and in it the author says:

“The microscopic creatures which are in parts of the Atlantic massed so thickly in
the water as to discolor the surface and give abundant food for the whale, are present
not so thickly, but in numbers. comparable to motes in the air, in all parts of the sea.
* * The upper waters of the sea are in fact a nutritive soup teeming with food exactly
suited to their (the fishes) need. These microscopic creatures are the basis of all the
larger life of the ocean, and in a great degree of the growth and increase of fresh water
fishes. Some of these tiny creatures are water-fleas, others, like carpaced shrimps, are
of prodigious fecundity. In rivers they are almost the sole food of all young fish, and
probably the main resource of the older fish when other supplies fail. In the first days
of spring the creatures in every stage, eggs, larvee, and perfect, though microscopic
entomostraca, swarm in the water, on the mud and on the foliage of the water plants.
At such times trout feed mainly on them. They are eating the weed bare of the cling-
ing film of microscopic larvee of water-fleas, Cyclops and other fresh water extomostraca.
SRE MS Experiments made on trout showed that when fed upon worms only they grew
slowly, others fed upon minnows did better, but a single fish fed upon insects weighed
twice as much at the end of the experiment as a pair of those reared upon minnows
and worms respectively.”

This review brought up tne question of saimon fasting in fresh water, and Mr.
Cornish replied in a letter from which I make the following extract:

“JT am not quite sure whether there is not a period when salmon do fast, the result

of some sexual conditions. But this extomostraca probably forms a large part of the

AN
roa

THE CRAY-FISH (Cambarus affints).

ao
uu

FISHERIES, GAME AND FORESTS. [15

food of salmon, as of all other fishes, both in salt and fresh water. But what I write to
say is this: Last May I was in the splendid aquarium of the Amsterdam Zoological
Gardens. There I found that all the fish were fed on extomostraca, and that herrings,
soles, cod, paradise fish from China, and odd fish of all sorts from the Tropics and
last, but not less, the sea anemones, all ate them greedily. The particular extomostraca
used when I was there were water-fleas, caught in muslin nets in some nice dirty ponds
frequented by the water fowl. In the net they looked like red sawdust, and not less so
when thrown into the water.”

Professor Verrill, in his report upon the invertebrate animals of Vineyard Sound,
says: ‘‘ These small crustacea are of great importance in connection with our fisheries,
for we have found that they, together with the shrimp, constitute a very large part of
the food of our more valuable edible fishes, both of fresh and salt waters. Even the
smallest of these are by no means despised or overlooked, even by the large and power-
ful fishes, that could easily capture larger game. Even the voracious bluefish will
feed upon these small crustaceans where they can be easily obtained, even when men-
haden and other fishes are plenty in the same locality. They are also the favorite food
of trout, lake whitefish, shad, etc.”’

It is not necessary to pursue this subject further, for it will probably be admitted

.that the crustacea figured in this paper are admirable for fish food under all con-
ditions which obtain in the wild waters of this State, and it is abundantly proven that
large fish as well as the young feed on minute creatures.

Fishing with a companion for lake trout in the spring when the fish were near the
surface of the water, we encountered a flight of small black flies. They were in
clouds, and it was difficult to keep them from our eyes and nostrils. The lake was
perfectly still, and after a time the flies settled on the water and I called the attention
of my companion to the trout feeding on the flies, and how quietly they moved along
and sucked the insects in without making more than a very slight disturbance on the
surface of the water. He could not believe that big lake trout would turn their atten-
tion from the abundance of whitefish breaking in schools all over the lake to feed on
the insignificant flies, but every trout that was caught had its throat stuffed with the
flies.

The principal object of this paper is to call attention to the necessity of providing
food for our food fishes; to illustrate some of the fish foods; explain how they may
be transplanted with little or no expense and how it may be determined whether the
water desired to be stocked contains suitable food for the fish to be planted.

Fig. 13 is a test net made of cheese cloth with a wide-mouthed bottle of clear
glass tied in at the bottom. To Mr. Charles G. Atkins I am indebted for the original

form of this test net. With this simple net, which anyone can make for himself, it is

116 REPORT OF THE COMMISSIONERS OF

an easy matter to discover what any waters may contain in the way of fish food within
certain limits. Draw the net through the water amongst the weeds and water vegeta-
tion, and the solid matter will remain in the bottle while the water escapes, except such

as remains within the bottle. Fresh water shrimps will be readily seen, if they are

Fig. 13. Test Net.

captured, but it will require closer observation to discover Daphnia and Cyclops in the
bottle, and it should be tried in a strong light for this purpose. The net will serve a
two-fold purpose to test what may be in the water in the nature of fish food, and to
capture live food, Daphnia, Cyclops, and other insect larve for transplanting into
waters that have been tested and found barren.

It is reasonably safe to transplant any larve that may be brought up in the net,
although there are insects more or less injurious to very young fish during some stage
of their existence, though not particularly so to the so-called game fishes. For
instance, the larve of the dragon-fly, the ‘‘ devil’s-darning-needle,” which is found
for the most part in standing water, is known to capture living animals, insects,
water snails (which by the way are excellent food for fish), tadpoles and even fishes.

Tennyson must have watched the transformation of the larve of the darning-

needle:
“To-day I saw the dragon-fly
Come from the wells where he did lie,
An inner impulse rent the veil
Of his old husk; from head to tail
Came out clear plates of sapphire mail.
He dried his wings; like gauze they grew,
Thro’ crofts and pastures wet with dew
A living flash of light he flew.”

FISHERIES, GAME AND FORESTS. 117

The larve of the dragon-fly, under the name of the ‘‘ What is it,” was said to
have been ‘ discovered’ as a black bass bait in the Mohawk River, and its fame as
such has traveled far into the State, and it is an excellent bait and will take black
bass when other baits fail. Anglers have sent from various parts of the State to the
Mohawk for the bait, when probably they have it in their home waters, and it
requires only the manipulation of a landing net with strong frame and small mesh in
the water weeds to obtain it.

There is such a demand for this bait that men may be seen almost daily from the
car windows on the Delaware and Hudson Canal Company’s railroad, netting the flags
in the pond holes near West Troy.

Perhaps the most rapacious of water insects is the water beetle, Dytiscus. The
larvae have mandibles which close upon their victims with certain destruction, and
little fishes are their victims on occasions; but larger fishes eat the beetle; though they
are not to be cultivated, for in larval and in perfect form they will work destruction
among a lot of fry. The larve has six legs near the head, and its segmented body
tapers towards the tail. In the different species, the larvae may be from one to one
and a half inches long.

If the test net is used to determine the desirable fish food that may be in any water
and the amount of it, it will be of considerable assistance to the Commission in filling
applications for fish for public waters understandingly ; and if its use is further con-
tinued as a means of transplanting fish food from waters where it abounds to waters
where it is scarce, it will add greatly to the success of fish planting. The cultivation
and transplanting of fish food should receive some attention from every one interested
in fishes, whether as food or for sport.

A. N. CHENEY,
State Fish Culturist.

Commercial Fisheries of the Interior
Waters Ojeane State

HE interior rivers and small lakes of the different States have never
been thoroughly investigated to ascertain the capital invested, fisher-
men employed, and the value of the product. In the exhaustive canvass
made about fifteen years ago of the fisheries of the United States, the value

of the product of the interior fisheries of the different States was chiefly an estimate,
and it was given at $1,500,000; but subsequently it was believed that the figures
should be $5,000,000 annually. It is almost impossible to obtain figures which will
cover the actual amount received for all fish sold in any particular State, for while
the returns from professional fishermen may be obtained with reasonable accuracy,
the returns from desultory fishing in minor waters must remain incomplete.
Nearly every trout stream and black bass pond, however remote, furnishes more or
less fish which are sold to summer hotels and boarding houses for sums which
never will find their way into statistical returns when an attempt is made to find the
total value of the fisheries of the State.

There are some lakes in which valuable food fish are going to waste because no
effort is made to catch them. This refers to whitefish in interior waters which have
been planted, and where the fish now thrive abundantly, and may be taken under the
law if State regulations are complied with.

In one of the large interior lakes perch fishing in winter has been prosecuted for
years, so many that no one can remember to the contrary; and the sweet little pan
fish furnished not only food but a fair revenue to those who sought them. The law
which forbids fishing through the ice in any waters inhabited by trout closed the
winter perch fishing. The trout in this particular lake are lake trout, and perch fishing
through the ice could in no way injure the trout if the fishermen desired to obey the
law which protects trout of all species through the winter months; but under the pre-
tense of fishing for yellow perch through the ice certain fishermen have persistently
fished for and caught trout until there is something of a sentiment in favor of the
present law as being the only means of protecting the trout. Lake trout and yellow
perch do not inhabit the same water, and there is no reason why yellow perch should
not be taken up to a certain time in the spring if the fishermen would observe the

trout law.

118

REPORT OF THE COMMISSIONERS OF FISHERIES, GAME AND FORESTS. 11g

The first effort to obtain statistical information in regard to the fisheries of the in-
terior waters of this State was made in 1895 by the United States Fish Commission,
when Mr. John N. Cobb, field agent of the Commission, was sent from Washington to
inaugurate the work. A summarized account of the extent of the economical features
of certain named waters of the State is herewith given by courtesy of the United

States Fish Commission.

TABLE I

SUMMARY OF PERSONS EMPLOYED, CAPITAL INVESTED, AND PROD-
UCTS TAKEN IN THE COMMERCIAL FISHERIES OF CERTAIN
INTERIOR WATERS OF NEW YORK.

PRODUCTS
FISHERMEN CAPITAL :
i INVESTED |
WATERS 1894 | 1895
1894| 1895] 1894 1895 POUNDS | VALUE | POUNDS | VALUE
LAKES |

Georsesere aya | 25 | 22 | $7,567 |$7,221 | 25,916 | $3,524 | 18,502 | $2,510
Champlain eee er | cig |) ge || TORR || infos). || mis oeto 9,810 | 123,101 | 10,371
BIACK is a4 Senne, dictate | 23.) 25 538 538 15,700 611 | 17,100 | 659
Saranac Chain..... re 40 See ZOW ower sacs | tabed ta. | 4,000 600

Lake of the Woods..| 3] .. TOO |) a soos 6,375 ABI dency:
IMMUN Site se cc50 coer 7 || mA 490 605 | 22,000 625 | 26,120 706
OMEGA os cso socal 40 | I10 20 | 3,710 | 50,000 3,750 | 211,863 | 8,989
Onondacasse eee 21 I5 489 345 19,942 2,040 I,000 | 130
Skaneateles......... 0g 13 213 213 4,275 765 | 2,500 | 459
Cayugaray pemeaeee 21 21 480 480 25,793 2,347 | 18,975 1,903
SeNeCal earn ceaein see i@) || uo) 392 417 | 25,320 3,152 | 44,631 | 3,865
Canandaigua....... Io | Io 380 320 | 20,640 2,437 10,810 | 1,255
Chautauqua........ 49 | 44 | 2,547 2,518 | 166,070 19,164 | 202,225 | 22,193
(OTLOS Groene ne e-coio 24 | 38 519 827 16,149 1,373 28,058 2,385

RIVERS: |

OMSCE 55005 cose. 8 8 goo goo | 13,529 1,62 12,941 [bape 553
SENCCaas te secineoe a AQ) || Be 425 607 | 64,380 3,416 | 31,680 2,418
Blacks Cree ka DIAN ae Tan Me meee wh | es rayes 1,22 go
Notalhemere | 422 | 543 |$16,103 |$19,745 | 591,119 | $55,072 | 754,730 | $60,086

120 REPORT OF THE COMMISSIONERS OF FISHERIES, GAME AND FORESTS.
TABLE II.

STATEMENT BY SPECIES OF THE QUANTITY AND VALUE OF THE

YIELD OF THE COMMERCIAL FISHERIES OF CERTAIN INTERIOR
WATERS OF NEW YORK.
1894 1895
SPECIES
POUNDS VALUE POUNDS VALUE

IBIACKAB ASS riled. neat ere one 55,806 $6,230 45,999 $5,078
Bullhead seventy apis te oun nets 136,827 6,229 1955345 8,492
Bie Syeitaepapehss to: als amy cea eeepc Aree 17,309 1,990 17,511 1,994
Flernin Gyseyaece ns cee 24,350 860 28,920 986
ake whnout es oe einen 31,441 5,498 27,016 4,627
JEAUOSP EY cer een RMR cata os Bre Ago 20,000 200 24,000 240
NIPSCAOMNES co odesscdsadascens 89,000 13,350 106,130 15,920
IDS Or IPCI, so sues -acecoas 23,997 2,107 23,034 2,160
Sm Lt eee pl ata. Wiley eam aria 33,170 3,957 39,076 4,506
SUCKETS cptial. heelccs ene ee ae 1,500 33 73,010 1,179
CS LUDO Ut) oi ee rR gree SER «sel eee eee ae || cea’o. aio: ace'e aa 35,055 1,225
\Wallleayyal IPMS, Sccas scagos bode 20,165 1,907 18,700 1,730
\MINWSIETS 0) eae ererener aera ose ooo ig al Bid fs | 50,466 4,648 29,058 2,515
Mellowar erchieqnene sere arent 25,688 2,937 21,502 2,856
ROSS resi ctvemats a ce ees eRe ener 61,400 5,126 69,774 6,572

ARG tale tea vere spree se 591,119 $55,072 754,730 $60,086

”

The great increase to be observed in “Table 1” of the number of pounds of fish
taken from Oneida Lake in 1895 over 1894 is to be accounted for in the fact that
certain net fishing was permitted in 1895 that was not allowed in 1894. While the
total number of pounds of fish taken in 1895 is greater than in 1894, the number of
pounds of certain specified kinds of fish is less.

In the case of the black bass it must continue to be less from year to year if the
present law, which permits fishing during the breeding season of this fish, is not
amended to make June a close month.

It will be noted that the greatest increase is among the common, or so-called food

fishes, while the decrease is confined almost wholly to the so-called game fish.

Mascalonge, Pike, Pickerel and
Dike-Perch.

HIS country has long been notable for the confusion which exists in the
common names of its fishes, and it is doubtful if any amount of instruction
on the subject will correct the evil of calling a fish by a name which does
not belong to it, and never should have been applied to it. The Latin

name of the large-mouthed black bass means that it is “‘ trout-like ” (literally, salmon-

like), and has a small fin, although it is not like a trout and it has not a small fin;

but when the fish was first classified by a French naturalist, Lacépéde, the specimen
was sent from one of the Southern States, where the fish is known as a trout, and as
the particular specimen happened to have a broken fin, the genus was baptized
Micropterus, little fin, and the name must stick to the fish as long as it swims, because
with scientists the law of priority in the classification and naming of fishes is as
unchangeable as the laws of the Medes and the Persians.

Admitting the justice of the custom of scientists regarding the scientific names of
our fishes, is there any good reason why inappropriate and incorrect common names
should be applied to our fishes and persisted in when the appropriate and correct
names are pointed out? It is not alone incorrect names applied to fishes which cause
confusion, but a variety of names are applied to the same fish in different localities.
For instance, the pike-perch is called also wall-eved pike, glass eye, horn fish, dory,
jack, jack salmon, green pike, blue pike, yellow pike, white pike, okow, and, of all
things, salmon! It is known also, locally, as Champlain pike, Susquehanna pike, etc
The cousin of the pike-perch, properly the sauger, or sand-pike, is called gray pike,
ground pike, pickering and pickerel.

The rock bass is called goggle-eye, red-eye, and lake bass. The biue-nosed sun-
fish is called copper-nosed bream, and dollarel. The crappie is called new light,
Campbellite, bachelor, bride’s perch, strawberry perch, chinquapin perch, and sac-a-lai.
The calico bass is called grass bass, barfish, bitterhead, tin-mouth, sand perch and sac-
a-lai; but it is not necessary to extend this list, except that I was recently asked to
identify a fish called “silver bass, exactly like the black bass except in color,” and
found after considerable search that it was a name applied in Ohio to the mooneye or
toothed herring.

In this State the statutes even err in the common names of some of our fishes.

Pickerel are mentioned in the Game Law when the fish meant is really the pike, and

I2r

12/2) REPORT OF THE COMMISSIONERS OF

the pike is mentioned wher the law really refers to the pike-perch. A gentleman
asked some questions about the pike and I replied to him and told him that apparently
he was asking about the pike-perch, but he insisted that it was the pike. However,
when I asked if the fish had one or two dorsal fins he replied that it had two, which

is characteristic of the pike-perch, and not of

——————
———SS

ye dF
DB):

the true pike. For the purpose of identification
three figures have been prepared showing the
characteristics that are constant in the mascalonge
(which is sometimes called a big pickerel and
great pike), the pike and the pickerel.

Without regard to color or other markings,
each of the fishes named may be identified from
Pa ean CDN Rie eee the peculiarity of scale formation shown in the

accompanying cuts.

The mascalonge, the pike and the pickerel have each the same number of fins,
placed in the same position on each fish, as will be seen in the colored drawings in
this volume. The mascalonge has scales only on the upper part of cheek and gill
covers as shown in Fig. 1. The fish may be the mascalonge from the St. Lawrence
River, with round brown spots on a light ground, or the mascalonge from Chautauqua
Lake with blotches or splashes of brown, or it may be without spots of any kind,
and it may be called Chautauqua pike, or Kentucky River or Muskingum River
pike, and yet it will be a mascalonge and have scales on cheek and opercula as shown
in Fig. 1.

The colored drawing is made from a Chautauqua Lake mascalonge, for that is
where the State hatches mascalonge, and this is the first time that a specimen has been
figured correctly. It was reported to me that some of the Chautauqua Lake masca-
longe werespotted like the St. Lawrence River fish, and I asked Superintendent Annin to
investigate the matter, and I quote from his letter reporting to me: ‘I am inclined
to think, and believe I am correct, that all the mascalonge of Chautauqua Lake are
marked in the same manner. I secured three specimens which our men thought were
the spotted variety, as they call it, and sent two of them to Dr. Bean, and he says
they are the same as he had last fall and the same as you have for the report. You
know that oftentimes you will find a fish coming out of the same lake, only from a
different bottom, which will be marked or colored differently, one from another. This,
I think, is the explanation of the reported difference in coloration of the Chautauqua
Lake mascalonge. The only round brown spots on the Chautauqua Lake fish are
those found near the tail and along the belly line.” This to me is conclusive, although

I was informed in great detail that the fish of different ages or of different sexes have

(qosniony snion |) 4MId AHL

FISHERIES, GAME AND FORESTS. 123

been taken with different markings, some with round brown spots and some with

blotches almost like vertical bands, as shown in the colored plate.

The State hatches upwards of 3,000,000 of mascalonge annually, and there are
demands for them for waters in which it would be unwise to plant them, and all such
applications are denied. Mascalonge are hatched in boxes sunk in the lake and
provided with double bottoms and tops, so that the eggs may not be eaten through
the wire meshes by other fish. About 97 per cent. of impregnated eggs are hatched,
and with the water at 55 degrees Fahr. they hatch in about fifteen days, and it
requires about the same length of time to absorb the umbilical sac of the fry. The
fry when first hatched are extremely helpless, and are a prey apparently to every
living thing in the water. The ovaries of a 39% pound mascalonge weighed five

pounds, and one female of 35 pounds yielded 265,000

eggs, although all of her eggs were not obtained. In
spawning these large fish it is a rare thing, compara-
tively, to injure one of them.

The pike is commonly called pickerel in this State,

but by referring to the colored drawing, it will be seen

that there is a marked difference between the two fish.

Fig. 2.
Part of Cheek and Gill Covers ofa Pike.

The pike grows to a weight of fifty pounds and more,
as one was recorded from Ireland the present year of fifty-four pounds in weight.
Our pike and the European pike are the same. The cheek and gill covers of
the pike shown in Fig. 2, will explain how the scales are placed; they cover the
cheek and part of the gill cover. The pike is the fish sometimes called the Great
Northern Pike, although a claim was made a few

years ago for this title for the unspotted masca-

longe.

~—<y

Bi The pickerel, proper, is a small fish as compared
17349 with the pike, as it averages in weight from one and a
935), 7k
49442 half to two and a half pounds, and one of five pounds

yy

is a very large fish. Fig. 3. will show how the scales

are placed on cheek and gill covers, extending over

Fig. 3.
Part of Cheek and Gill Covers ofa Pickerel. both

An examination of the colored plates of the
mascalonge, pike and pickerel will show the scales exactly as here given in the three
figures. There are two colored plates of the pickerel, one of a fish frem a pond in
Massachusetts and one from a fish taken in the upper Hudson River where they were

introduced within the past ten years.
Io

124 REPORT OF THE COMMISSIONERS OF FISHERIES, GAME AND FORESTS.

The fish are of the same species and exactly alike structurally, but it will be noticed
that they are marked differently, and it was for this purpose that they were colored
for this report. Beth fish are reticulated in accordance with their specific name, but
one fish is spotted with spots that are nearly round, while the other has oblong spots
and the dark lines are more regular in the pond fish than in the river fish, which will
be observed by lifting the plates level with the eye and looking along the fish from
tail to head.

There is no good reason for confounding the pike-perch with the pike, as one look
at the colored plate will show the former fish with two dorsal fins, while the pike has but
one. The pike-perch are hatched artificially by the State in large numbers, and it is an
excellent food fish as well as a game fish to be taken with hook and line. The pike
and pickerel are not hatched artificially in this country, but the pike is cultivated
in Germany by artificial methods and is more highly regarded in Europe than in
America.

The reason for this is that we have such a great number of so-called game fishes
that are considered superior to the pike, that it has been relegated to an inferior
position, and still the pike has its loyal adherents who regard it highly as a rod fish
and as a table fish. Should any one be in doubt about the species of any of the
fish named and desire to fit the fish with its proper name, the plates here given will
prove a sure guide.

A. N. CHENEY,
State Fish Culturist.

Shad of the Hadson River.

HE shad fishery of the Hudson River is one of the most important of the
commercial fisheries of the State, ranking second in the value of its product
among fishes specified in the statistical report of the Fisheries of the United
States. It is really of the first rank in value among specified fishes taken

in the fresh waters of the State, as the fish occupying first place in value of its product
is the bluefish—a sea fish.

Upon the organization of the Fisheries, Game and Forests Commission it was found
that there were no reliable statistics in detail of the shad fishery and a census was
taken by a special agent covering the entire river from Castleton to Sandy Hook. Of
the value of fishery statistics Dr. Hugh M. Smith says: ‘‘ The importance of statistics
in general needs no demonstration, and the value of statistical information regarding
the fishery industry is certainly as great as that of any other branch of human enter-
prise. I may go even further and say that, on account of the uncertainties attending
the prosecution of the fisheries and of the peculiar and unique conditions which
prevail, there are few, if any, industries the exhibition of whose extent, from time
to time, by accurate statistics is more desirable.

“Fishery statistics seem to be particularly valuable and necessary in the United
States, where the regulation of the fisheries is vested in so many legislative bodies ;
where the conditions vary so much in different States, oceans and lakes; where the
variations in the abundance of certain products from time to time have been so notice-
able; where the artificial culture of fish is so generally carried on and is conducted on
such a large scale; and where the fisheries occupy such a prominent place among the
national industries, on account of the large number of persons who find employ-
ment therein and the enormous uta
additions to our food supply resulting i
therefrom.” j

The result of the census of shad

taken in the Hudson River in 1895,

and the nets employed, shows al
previous estimates to have been in-
complete, and that the industry is of Ss
greater value even than was supposed, : ss

and is here given in detail.

125

126 REPORT OF THE COMMISSIONERS OF

Census of Shad Taken and Shad Nets Used in the Madson
River Daring the Season of 1395.

LOcaTION OF FISHERY. NUMBER OF NETS. NUMBER OF SHAD.
Alpine, N. J., : : : c 703 ; : : : 94,100
Barrytown, . : : : 6 21 ; : : ; 21,136
Bayonne, N. J.,_. ‘ : . 35 : , : : 11,500
Bayridge, N.J., . : : : 149 : : : 4 35,900
Belford, N. J., 0 é : : 103 : : : : 40,900
Castleton, I 500
Catskill, 6 5,000
Cold Spring, . : : ¢ 2 : ; : , 2,482
Cornwall, : ; ; ; 4 6 : ; : 3 8,600
Coxsackie, 6 2,250
Croton, 6 : 6 : 6 180 ; : : ° 10,250
Crugers, 5 4 55855
East Kingston, —. 3 : : 4 : ; : 5 4,500
Englewood, N. J., : . : 35 6,000
Fishkill, 7 6,500
Fort Hamilton, ; ; : 7 i : : g,000
Hort eee Nes| ee ; : : 337 . ‘ j : 114,300
Fort Montgomery, : : : I : 9 é f 1,650
Garmisons, . : : ; : 7 : : : é 7,000
Germantown, . . ; . 20 ; 6 : : 46,900
Glasco, 4 i : 4 : 6 : : : : 6,000
Gloucester, N. J., : ; : 65 5 : . : 11,000
Grand View, j ae 65 i : : L557,
Gravesend Beach, : i ; 48 : ; ; ‘ 30,812
Greenville, N. J., ! : s 64 i : e : 21,000
Hampton, . : ; : : I ; 5 : : 1,500
Haverstraw, . : , : : 7 , 3 ‘ : 6,000
Highlands, . : ; : ; IL : 5 e A 22,130
Highland Falls, . F : : 2 . a : 6 700
Hudson, ; " : s 6 9 9 : : Q 9,500
Hyde Park, . : ; : ; 9 é . . . 30,000
Jones Point, : : 3 : II é : . é 9,429
Keenesburgh, N. J., : : ; 83 : : 0 ; 34,986
Kingston and Narrows, : : 17 : : 5 : 50,000
Linlithgo, . : : 3 ; 8 . : é : 10,500
Lou Point, . ; : : d 2 5 ; 5 j 3,200
Malden, j ; : : p II 2 H : 5 23,200
Marlborough, : : : 5 2 : : é F 1,800
Milton, 3 ; ; : : 4 : : ; : 6,300

Forward, 2,059 713,937

FISHERIES, GAME AND FORESTS.

LOCATION OF FISHERY. NUMBER OF NETS, NUMBER OF SHAD.

Carried forward, 2,059 7135937
Montrose, . ¢ ; 6 : I Z ; ; 1,500
Narrows and Garrisons, . I 3,500
Narrows and Highland, . 9 16,000
New Baltimore, 3 2,000
Newburgh, 8 12,150
New Hamburg, 8 7,250
New York City, 6 6,900
Nyack, 6 ; 313 3,853
Osburnville, N. J., 75 40,000
Oscawana, 5 75
Palisades, 76 20,180
Peekskill, 12 11,325
Piermont, . : : AT aee 55 1,500
Port Ewen, . i , : 5 9 ; : : ‘ 26,000
Port Monmouth, N. J., . : ; 17 : : ‘ 8,143
Poughkeepsie, 4 ¢ f ‘ 9 : : , 5 16,111
Rhinechff, . ; ; E : 12 ; ‘ : ; 14.300
Rockland Lake, . 6 ; 6 27 é é ; , 15,000
Rondout, : : ; : : 10 : : ; ; 11,500
Rosebank, . g . : : 270 ° t 5 : 6,500
Schodack Landing, : : : I 5 : 3 : 3,000
Sing Sing, . : : : : 306 mote Ue : 3 16,400.
Smiths Landing, . ; : 2 ; : : : 1,000
Stapleton, . ; c : : 19 é ; : : 15,250
Staatsburgh, . 6 . c 6 7 . é 6 ; 16,977
Stockport, . : ; : 5 9 : ‘ : ; 15,525
Stony Point, . 5 ‘ : é 37 : ‘ ! : 16,600
Storm King, . 3 0 . . I ; 6 6 ‘ 1,150
Stuyvesant, . : : : : B : : : 3 53350
Tarrytown, . ; : ; : 20 : : : : 1,000
Tivoli, . 5 é : F : 17 ‘ : : : 25,805
Tompkins Cove, . : : ; II : : : : 15,742
Ulster Landing, . : : ‘ 10 3 : i 5 17.000
Ulster Park, . 6 : : ! I : : . : 2,000
Verplanck, . 2 ; : ; 29 : : : F 42,107
Verplanck Point, : ‘ 5 . . : - 55253
West Camp, . ey Lae 6 ‘ 4 ‘ j : : 8,200
West Park, . 6 : 3 8,325
West Point, . 5 A I 1,202

128 REPORT OF THE COMMISSIONERS OF

Of the 3,471 nets operated, New Jersey is credited with 1,666, operated at eleven
stations, and taking 417,829 shad; New York is credited with 1,805 nets, operated at
sixty-seven stations, and taking 737,781 shad. The greatest number of nets operated
from a single station is 703 at Alpine, New Jersey, and taking 94,100 shad; Fort Lee,
New Jersey, operated 337 nets, taking 114,300 shad. The greatest number of nets

operated from New York stations was 306 at Sing Sing

g, taking 16,400 shad, and 313

at Nyack, taking 3,853 shad. The nets grow less in number towards the source of the
river until Castleton is reached, nine miles below Albany, where one net is credited
with 500 shad.

The shad work of this Commission is carried on at Catskill, where six nets were
operated, taking 5,000 shad. To compute the weight and value of the shad taken
during the season I asked ex-Commissioner Blackford to give me statistics from Fulton
Market. He wrote me as follows: “Regarding the Hudson River shad I would say
that 100 bucks will weigh 308 pounds, and 100 roe shad will weigh 412 pounds, which
will make the average a little over 3% pounds. The proportion of bucks to roe shad
this season has been 60 per cent. roe shad to 40 per cent. buck shad. The average
price for the entire season has been twenty cents for roe shad and ten cents for bucks.
The lowest price they have sold for on any one day was ten cents for roe and five
cents for buck shad. For quality and size the Hudson River shad have been good,
rather better than for the last two or three years.”

With these figures as a basis I find that the catch of shad in the Hudson for
1895 weighed 4,044,635 pounds, and that 693,366 roe shad brought at wholesale
$138,673.20, and 462,244 buck shad brought $46,224.40, or a total for the entire catch
of $184,897.60.

It is extremely doubtful, under the present law, and present manner of fishing the
river, if the Hudson can be considered a self-sustaining shad river. The demand upon
it grows with increase of population and improved facilities for shipping shad to a
distance. It is not alone among the people living along the river that the shad
find a market, but hundreds of miles of railways act as distributing agents and take
shad where formerly they were unknown.

Since 1882 the United States Fish Commission has made large contributions of
shad fry and eggs to the Hudson, and these contributions have been important factors
in keeping the supply up to the present figures; in fact the fry supplied from the
Delaware and Susquehanna Rivers have done more, probably, than to assist in keeping
up the supply, for there is little doubt that the fresh blood has invigorated and improved
the stock. The contributions from the United States Fish Commission have been as

follows:

FISHERIES, GAME AND FORESTS. 129

Year Shad Eggs Shad Fry.
1882, . C . : 6 © BuDeaE : : c - 963,000
1883, ; : 0 7 RN ae rocyeresore 7 2 c ; {,700,000
1884, 0 6 0 a a inoo'ga bec ; 2 - 1,477,000
1885, . c 5 : au hoes : 5 < : 1,250,000
1886, 5 6 a q 6 1! | adecrooro Z : - : 2,412,000
1887, : : 0 0 ai Sagose 5 5 : 2 2,779,000
1888, 0 5 5 ; dsl, nO eetD : c c 0 4,200,000
1889, 5 : - 8 Gi nk! Apes dearore : : 5,893,000
1890, : : : : Ph a ice 4 ; 6 z : 6,366,000
1891, 5 : . ° Sn mincnereacra ee “ : ; 9,348,000
1892, 5 : : 5 Gy Nese erent 6 0 5 é 5,199,000
1893, 0 . . 5 aye) NR et ro : : 0 < 1,573,000
1894, 0 5 : ° é 2,000,000 . 5 < : 5,414,000
1895, : : 3 : se) AEs Greene : : c : 4,900,000

Total, : 5 FXO : : - 53,474,000

The shad work of the State has been carried on at Catskill, except one year, when
the State Fish Car Adirondack was used and it was found to be unprofitable to depend
upon a shad station on wheels with no fixed arrangements with the shad fishermen
for a supply of eggs. The work has been conducted in the now old-fashioned shad
boxes, a method which will be abandoned in the future.

During the years 1883 to 1895, both inclusive, the State hatched and planted in
the Hudson, shad fry as follows:

Year. Shad Fry
1883, . . 9 3 : 4 5 3 5 4 1,925,000
1884, : a : A : : 2 ‘; : ; F 1,467,000
1885, : : 6 é 6 : 0 5 5 e 1,728,000
1886, : 0 : : 5 : : : 3 ; 5 2,279,000
1887, 0 ° o : : 0 : : ° : 3,822,000
1888, ; . : . a ; 5 E 5 2 3,924,500
1889, 3 2 5 2 : : 5 : : 5 6,000,000
1890, : : : . 2 : : 5 c . : 2,025,000
1891, : 3 : : 4 5 f 5 : ' 2,224,000
1892, : z 4 . ; 5 : . : 5 . 2,436,000
1893, 5 3 3 : 3 ; : 3 F : & 2,215,000
1894, 0 - ° . 5 : 5 : : 190,000
1895, 2 F : : : c : : : . : 3,087,000
33,322-500

The State hatched no shad in 1882, but from 1883 to 1895, both inclusive, it

planted 33,322,500 shad in the Hudson, and during the same years the United States

130 REPORT OF THE COMMISSIONERS OF

Fish Commission contributed of eggs and fry 54,511,000, or 21,188,500 more than the
State was able to obtain from the river itself, and it needs no violent stretch of the
imagination to picture what the condition of the Hudson as a shad river would now be
had it not been for the contributions of eggs and fry from other rivers.

What is the remedy ? There is but one, and that is to let sufficient shad up the
river to their breeding grounds to keep up the stock by natural and artificial methods.

The nets are so thick in the lower river that it is a wonder any breeding shad
reach the upper spawning grounds. I saw one net stretched entirely across the
river a little way below Garrisons, and while it could be maintained in position it
was an effectual bar to the shad running up stream.

The Commissioners do not make the laws which govern the times and methods
of fishing in the State, nor have they any power in the matter except to suggest
amendments which experience teaches them are necessary, just and proper to main-
tain the food supply of fish and game; and then their province is to enforce the
laws as best they can with the means at their disposal. The shad law is not as
they would have it. It provides that there shall be an open season between March
14th and June 15th for netting shad, but said nets shall not be drawn nor fish
taken therefrom between sunset on Saturday night and sunrise on Monday morning,
unless by reason of the inclemency of the weather said nets caunot be drawn prior
to sunset on Saturday night, in which case it shall be lawful to take fish as soon as
the weather will permit.

With this law in force the Commission has been unable to secure a sufficient
number of ripe fish at Catskill to furnish eggs to keep up the stock without aid
from other sources ; and it is positive in its conviction that all nets should be lifted
and the fish allowed to ascend unmolested two consecutive days and three nights
in each week if the Hudson is to maintain its standing as a shad river. A shad
netter of forty-five years’ experience, one who nets in the Highlands and in the
upper river as well, told me that he had come to believe that the nets should not
be hauled more than four days in the week. Spawning shad are taken at night,
and for this reason it is recommended that the nets should not be fished for three
nights. Nets hauled on the same ground will rarely get ripe shad during the day,
while at night nearly every haul will get spawning fish when they get anything.
I say when they get anything, for I have seen a hundred-fathom net hauled on good
ground in the height of the so-called shad season with only a few beggarly herring
and not a shad in it.

At the Catskill fishing ground of Capt. John Pinder, where the State gets its
spawning fish, a haul of the net that produces fifty shad is considered very good ;
but these same grounds have yielded 406 shad ata single haul. Albert Hart, one

FISHERIES, GAME AND FORESTS. 133

and August. It is a difficult matter to obtain information about fish at a season of the
year when it is illegal to capture them, but the shad fishermen contend that for their
own eating they prefer a shad taken from the river in July; that it was the custom,
before the law forbade it, to set nets for shad on the night of the 3d of July fora
Fourth of July feast and they intimate that in some instances this is secretly done to
this day and that hard roe shad are common enough through July and August.
Capt. Pinder has caught shad from the river in good condition as late as November,
but in all probability they were fish that had recuperated from the exhaustion of
spawning and were on their way to sea.

All the Hudson River fishermen are of one mind as to shad becoming sweeter and
fatter the longer they remain in fresh water, but this is not true of shad in other rivers
as I learned from a visit to the upper waters of the west branch of the Delaware, where
the shad have a peculiar flavor when they get to a point seventy-five miles above
Lackawaxen.

Shad formerly ran up the Hudson River to Baker’s Falls at Sandy Hill, some
fifty miles above Troy, and it was customary for the farmers to come from miles
away and camp at the falls during the shad run and catch and salt shad for home
consumption. The building of the dam at Troy in 1825 checked the upward migra-
tion of the shad in the river, and except a carload of shad fry planted by the United
States Fish Commission in the river at Glens Falls in 1884, the Hudson has had no
shad above Troy since the dam was built. It is, however, more than possible to
restock the river with shad so that they will again ascend to Baker's Falls. To
accomplish this result the nets must be taken up in the lower river to allow spawning
fish to come up, and fishways must be built to enable the fish to pass the fixed
obstructions in the form of dams. Shad are timid fish, and although they run at
night they hesitate about entering anything which looks like a trap. They will not
enter a dark fishway, but they will, and they have entered fishways that permit the
light to enter from the top and sides. The Delaware River is a notable example of
the efficiency of a properly constructed fishway. In former years shad ran up the
west branch of the Delaware to Collet’s dam, a few miles above Deposit. The
building of a dam at Lackawaxen, seventy-five miles below, cut them off in their
spring run, and no shad were seen or caught above the dam until fishways were built
in it. As soon as the fishways were completed the shad again ran up to Collet’s dam,
and have done so every year since. It is true that I found at Deposit that the shad
were not regarded as the best of food, because their flesh had a peculiar flavor; but
the fact that shad had access to the head waters of the stream for spawning purposes

has much to do with the abundance of the fish in the lower river, for the fry are born

134 REPORT OF THE COMMISSIONERS OF FISHERIES, GAME AND FORESTS.

in pure water, above sewage and poisons from mills and factories, and there are fewer
of their enemies to prey upon them than in the crowded waters below.

Fishways in the Hudson above Troy would not extend the shad fishery to any
extent above its present limits, but they would be the means of letting the shad up to
better spawning grounds than are offered below, and shad eggs deposited naturally
in the upper waters would have a greater chance of becoming fry than they have at
present, Furthermore, the young shad would find more extended pasturage in the
upper waters, for, as has been stated elsewhere, the water supplies but a limited
amount of food and with an increased output of fry the food area must be increased.

The planting in the Hudson of a carload of shad fry more than fifty miles above
Troy, by the United States Fish Commission, was for the purpose of giving the young
fish a better chance to grow with less danger from predacious fish than could be
expected further down stream. Some of these fish when they started for the sea
the autumn following were four and a half inches long. This plan was followed in
1891, when a second carload of shad eges was sent to Glens Falls and there hatched
and planted in the river, and I am informed by the United States Fish Commissioner
that this will probably be the policy in regard to future plants of shad fry in the
Hudson contributed by the Commission from other rivers.

There is another thing in favor of planting shad fry far up stream. When the
fish have been to sea and return to the river to spawn they will endeavor to reach

the headwaters for this purpose, and may succeed if not stopped by the nets below.

A. N. CHENEY,
State fish Culturitst.

The Rainbow Troat.

By Dr. TARLETON H. BEAN,

DIRECTOR OF THE NEW YORK AQUARIUM.

SooEenenneeesaneeeenee

HIS fish has a stout body, covered
with moderately large scales, of which
there are about 135 rows between
the end of the head and the base of

the caudal fin. The head is short and deep; the eye rather

large; the upper jaw extending back almost to below the
hind margin of the eye. The snout is short; the adipose fin
short, its width and length equal.

There are eleven rays supporting the branchiostegal membrane ; eleven developed
rays in the dorsal fin besides four rudiments ; ten anal rays and three rudiments.

COLGRS.—The upper parts are greenish blue, often purplish. The sides are more
or less silvery and profusely spotted with small black spots, which are most numerous
on the upper half of the body. In the breeding season the broad crimson lateral
band becomes brighter and the sides of both sexes are iridescent purplish. The jaws
of the male are not much distorted in the breeding season, but they are very much
larger than in the female.

RELATIONS.—The rainbow belongs to the group containing the brown trout of
Europe, the red throat of the Rocky Mountain region and Alaska, and the steelhead,
or Gairdner’s trout, of the Pacific slope. It has been considered identical with the
steelhead by some authors, but wrongly so; there is a marked difference in the young,
which has been observed particularly in Alaska, where the young of the two species
are found together, and the adults are easily distinguished. , At the California State
Hatchery at Sisson, eggs of the two were hatched and the differences between the

young were plainly noted. When Dr. Jordan first saw the steelhead from Kamloops
135

136 REPORT OF THE COMMISSIONERS OF

Lake in British Columbia he recognized its distinctness from other species, and
described it as new under the name Oncorhynchus kamloops, afterward changed to
Salmo kamloops. He now considers the No Shee, Kern River, Shasta, Mason’s and
golden trouts as varieties of the rainbow.

COMMON NAMES.—In New York it is frequently mentioned in the Reports of the
Fish Commission as the California mountain trout. In California it is the brook trout
or speckled trout, but will now be distinguished in some way from the brook trout
introduced from the East. The name rainbow trout springs naturally from the
specific appellation z7zdews, and is the one generally adopted in the United States and
on the Continent of Europe, where the species is now acclimatized; this has been
translated into regen-bogen forelle by the Germans and ¢ruzte arc-en-ciel by the French.

DISTRIBUTION.—The species ranges from California, near the Mexican boundary,
to southern Alaska. A small example was taken at Sitka in 1880 by Captain (now
Rear-Admiral) Lester A. Beardslee, U. S. N. It is found chiefly in mountain streams
west of the Sierra Nevadas, rarely descending into the lower stretches of the river, but
occasionally does so and passes out to sea.

In Pennsylvania it was extensively introduced, but with such imperfect results at
first that the attempt to acclimate it in the State was given up for some years. The
species, however, has reproduced naturally in Cumberland County and in Mill Creek,
in Pike County, as well as in some other streams, so the work of stocking waters with
rainbows was resumed.

The artificial distribution of the species has been wide and it has succeeded beyond
all expectation in numerous localities. Favorite States for the rainbow are Wisconsin,
Michigan, Missouri, Colorado and North Carolina. In Missouri its growth is remark-
able, at the Neosho station of the United States Fish Commission averaging about one
inch per month up to the age of one year.

S1ZE.—The average length of individuals of this trout is less than one foot, but
specimens measuring two feet and weighing eight pounds have been recorded. The
Neosho station had rainbows nearly one foot long at the age of one year. The largest
recorded example was reared by Mr. C. G. Atkins at Craig Brook, Me. At five years
of age it weighed fifteen pounds.

In Japan, where the species was introduced from California in 1877, rainbows were
sexually mature when three years old and averaged nineteen inches inlength. In France
the limit of length of three year old fish was two feet according to Dr. Bellesme.

HABITS AND REPRODUCTION.—In its native waters the rainbow feeds on worms,
insect larve and salmon eggs. In streams in which it lives associated with the quinnat
salmon it is the most destructive enemy of the eggs of that fish. Spawning occurs in

inter and early spring, varying with temperature and locality. The bulk of the eggs

FISHERIES, GAME AND FORESTS. 137

for artificial hatching is usually takenin January, February and March and the average
yield from a female is about goo. At Htiningen, in Alsace, the spawning season
extends from March to May and of late years it has begun as early as February. In
Thuringen it has run from Aprilto July. In France spawning occurs in April.

In his report of the work of the Caledonia hatchery in 1894, Monroe A. Green
states that there are 34,000 rainbow trout eggs ina gallon, while the brown trout number
38,000, the brook trout 56,000 and the lake trout 22,100. The rainbow seems to
migrate and will not remain in streams where planted if it can readily find an outlet.

According to Livingston Stone, males are mature at two years old and females at
three years. The rate of growth under favorable conditions and the effects of a change
of environment are well shown in the following account of his experience with the
rainbow at Neosho, Missouri, by Mr. William F. Page: “At the close of the first
year’s work I was ordered to reserve 1,000 yearlings to constitute a future brood stock.
On December 15th, 1891, when these fish were barely two years old, they commenced
to produce eggs. We spawned 207 females giving an average of 542 eggs per fish.
Only 33 per cent. were impregnated. The following season, as three year olds, the
same fish gave 936 eggs per female—718 females, 84% per cent. impregnation.

“T found, under peculiar conditions or circumstances, a rainbow trout which I
know is barely two years old. It was 16% inches long, 4 inches deep, 2 lbs. weight,
and in excellent condition ; the ovaries weighed 16 ounces and counted out 1,920 eggs.”

QUALITIES.—The rainbow is a good table fish, although held in variable estimation
in different localities. In most places it is considered fully equal to the common
brook trout of the East. On the McCloud river, Cal., from whence the original stock
of eggs for Eastern distribution was obtained, it is regarded as superior to the quinnat
salmon.

Monroe A. Green considers it a good fish if eaten soon after being taken from the
water.

In the Eleventh Report of the Michigan Fish Commission, 1895, page 7, occurs
the following statement: ‘‘ As a game fish the rainbow trout has no superior among
the salmonidz found in our waters, and in edible qualities it is equal to any of
its congeners.”

In Europe it has been found suitable for pond culture because it grows rapidly and
is less affected by warm water than the native European trout.

In 1879 the Trocadéro Aquarium, of Paris, received from the United States Fish
Commission, at the request of the National Society of Acclimatization, eggs of three
species of salmonidz which were successfully cultivated in America. Dr. Jousset de
Bellesme devoted himself to the rearing of the fish and their introduction into the

waters of France.

138 REPORT OF THE COMMISSIONERS OF

The species were Oncorhynchus chouicha, Salmo irideus and Salvelinus fontinalis.

Dr. Bellesme wrote as follows concerning the rainbow: “Its flesh is sometimes
pale with a tinge of yellow, sometimes salmon color, according to environment, less
delicate than that of the quinnat salmon; somewhat hard.

‘It grows more rapidly than the species native in France. It is practicable to
bring it in ten months to the weight of 200 grams. It endures a high temperature,
being able to live in roily water of 77 degrees, while the brown trout succumbs at
64 2-5 degrees in France.

“Tt is certain that the rainbow trout under the same conditions as the quinnat
salmon, is far from having the same delicacy. Its flesh is somewhat hard and dry,
resembling that of the whitefish, while the quinnat has the fine, tender and creamy
flesh of the Scotch trout or the very young Atlantic salmon.”

In Bohemia and Bavaria the fish culturists have succeeded better with rainbow
trout than with the quinnat salmon, and they have bestowed upon it unmerited
praise in Dr. Bellesme’s opinion. He thinks the mortality among females of quinnat
salmon during the spawning operations accounts for the preference of the Germans
for the rainbow.

In the rainbow this mortality does not occur, either because the scales are more
firmly fixed, or because the fish struggles less. In this species the females can be
utilized as breeders many successive years.

Karl Wozelka-Iglau, translated from Deutsche Landwirthschaftliche Presse, in
Bulletin United States Fish Commissien for 1895, says concerning fish culture in
Bohemia: ‘‘ Among the different varieties of trout preference must be given to the
California rainbow trout (Salmo trideus) above our brook trout (Salmo fario), because
it grows much quicker, makes an excellent article of food and is not very choice in
the matter of its food.”

RESULTS OF INTRODUCTION.—The first attempt at artificial fertilization of the
eges was made by Livingston Stone on the McCloud River, Cal., in 1876 or 1877.

The following account of operations with the rainbow in Michigan is from the
Eleventh Report of the Michigan Fish Commission, 1895, pages 7 and 30:

“Tn 1890 the hatching of the rainbow trout was discontinued owing to the
unsatisfactory results of the plants that had been made in previous years, and to the
fact that a much lower percentage of eggs were hatched from rainbow trout under
similar conditions than from the brook trout; nor did the adult rainbow trout carry
as well in ponds under domestication. At the time the breeding of this fish was
discontinued, the most of the parent fish held in the ponds had become affected
with some disease which had apparently become epidemic, and this also had its

influence in causing us to abandon their further culture.

RAINBOW TROUT (Salmo irideus). ADULT.

Reared at Verona. Mo.

NAN Ws 9k
Y NAAN ara Wad
AP AERN

RAINBOW TROUT (Salmo titdeus) YOUNG.

pet
a iy yyy
oye) ie ;

Y,

J,
soi pei

STEEL-HEAD TROUT (Salmo Garrdneri). ADULT.

RED-THROAT TROUT (Salmo mykiss). ALASKAN FORM.

FISHERIES, GAME AND FORESTS. 139

“Since that time, however, several of the rivers into which they had been intro-
duced have furnished excellent rainbow trout fishing, and are apparently favorable
streams in which to liberate these fish. Considerable numbers of these fish are now
taken in those streams every summer; many individuals are taken of large size, and
this fish has become deservedly popular with sportsmen. When these facts became
manifest, we decided to again enter uvon their propagation. It is our present inten-
tion to carry a sufficient stock of these fish to maintain good fishing in streams for
which they are suited.

“There are but few streams in the State where the liberating of the young of this
fish has been successful, and those are the larger streams lying in the grayling belt in
which the log running has practically come to an end.”

Referring to the rainbow trout the following account is given in the Pennsylvania
Fish Commission report, 1895, pages 253-254 and 357-358:

“When this far-western game fish was first experimented with in the East the
mountain streams were tried, but for some reason they did not generally seem to
thrive. In Van Camp’s stream in Pike county; Hollister’s creek in Wayne; Newville
in Cumberland, and a few others elsewhere, there was greater or less success, but on
the whole the experiment was disheartening, and except on local applications the work
of stream stocking with rainbow trout has been practically abandoned. ‘The reason
for this failure has not been satisfactorily explained. Placed in waters apparently
suitable, they often entirely disappeared almost immediately to turn up in another
creek some distance away, the waters of which seemed not nearly as favorable for
their habits of growth. A notable example of this was near Erie a few years ago.
Here a certain stream near the city of Erie was plentifully planted with rainbow trout
and for a time they seemed perfectly satisfied with their new home, but suddenly not
one was to be found in the waters in which they had been deposited. A couple of years
later fishes of this species were caught in great numbers in a stream two or three miles
distant, where no fish of their kind had been placed. Both brooks emptied into Lake
Erie, and it is supposed that not being satisfied with their first home they abandoned
it for the lake and made their way into the waters where they were subsequently
found. In this connection it is noteworthy that some of this fish must have remained
in the lake, for recently they have been caught there in some numbers and they seem
to be increasing.

“When the experiment of stream planting with rainbow trout proved generally a
failure, lake planting with this fish was attempted. In this, as remarked above, some
success has been met with, probably because in bodies of this character they cannot

indulge in their seemingly migratory inclinations. Many mountain lakes of the State,
II

140 REPORT OF THE COMMISSIONERS OF FISHERIES, GAME AND FORESTS.

therefore, yield fair rainbow trout fishing, though not, and probably never will, equal
the yield that other kinds do.

“Newville spring, above referred to, is the natural home of the brook trout, but it
has been plentifully stocked with California or rainbow trout, and it is one of the very
few streams in Pennsylvania in which that species of fish has been known to propagate
naturally. Newville spring has considerable depth and width.”

Eggs were shipped from California to Japan and were received by Sekizawa
Akekio on June 9, 1877. In 1880, when nearly three years old and sexually mature,
the trout averaged nineteen inches in length.

Doctor Léon Lefort, Vice-President of the Society of Acclimatization, of Paris,
reared rainbow trout in a pond of a hectare and a half in Sologne. The young trout,
furnished by the Trocadéro Aquarium, were about eight centimetres (three and one-fifth
inches) long when they were placed in a pond of moderately high temperature. There
was no mortality, and after two years they reached an average length of two feet:

In the aquarium at The Hague, Holland, in 1894, rainbow trout and American
brook trout were among the live fish on exhibition. The aquarium at the Antwerp
Exposition in the same year contained numerous specimens of the rainbow. In the
Trocadéro Aquarium, Paris, where the eggs of the rainbow were first hatched in
Europe, both the quinnat salmon and the rainbow were represented by many fine
examples, and the rate of growth appeared to be more rapid than in their native waters.

In Mexico the rainbow has been successfully introduced and is now acclimatized.

BATTERY PARK AQUARIUM,
New York, April 24th, 1896.

The Brown Troat—(Se4no0 Fario).

By R. B. MARSTON,
Editor of /éshing Gazette and Hon. Treasurer Fly Fishers’ Club, London.

“¢ The trout is the best of all fresh water fish.”—GESNER.

“‘The trout is a fish highly valued, both in this and forraigne
Nations; he may be justly said (as the old poets said of wine, and
we English say of Venison), to be a generous fish; a fish that is so
like the Buck, that he also has his seasons ; for it is observed, that he
comes in and goes out of season with the Stag and the Buck. Gesner

says that his name is of a Germane off-spring, and says, he is a fish

that feeds clean and purely, in the swiftest streams, and on the hardest
gravel, and that he may justly contend with all fresh water fish, as
the mullet may with all sea fish for precedency and daintiness of
taste, and that being in right season, the most dainty palates have
allowed it to him,”—IZAAK WALTON.
OME years ago I sent some thousands of the eggs of our brown trout to the
United States and thanks to the great interest taken in them by my friend,
Mr. A. Nelson Cheney, a good quantity hatched out successfully. Brown
trout eggs were also sent by the late Herr von Behr, and the late Herr
von dem Borne from Germany to the United States, and there is no doubt that
the fish is established in some parts of the States.

In his report to the United States Commission of Fish and Fisheries, dated May
15th, 1886, a superintendent of the New York Fish Commission thus refers to the
brown trout, Sa/mo fario (called also Trutta fario in Germany): “ This fish is strong,
quickgrowing and game, and I have on several occasions declared it to be the
finest trout that I have ever seen. In Europe they endure waters considerably
warmer than our Atlantic brook trout (S. forténalis) can stand.”

14

142 REPORT OF THE COMMISSIONERS OF

Knowing that the character given to our brown trout by this gentleman was
perfectly true I confess that I have now and then wondered that so little is said
in the American sportsmen’s papers: about the fish after ten years’ trial. The
last report I heard was not quite so favorable as it might -have been and [|
sincerely hope that our trout is not going to prove such a disappointment in
America as the American brook trout has proved in England—at any rate from the
point of view of the angler. Millions of fry and yearlings of S. fontinals have been
put into English rivers and I know of no single instance where the attempt to
stock a river or stream with them has been successful. After a time, not much
more than a year as a rule, they disappear. I have seen a long stretch of a trout
stream alive with thousands of healthy two year and three year old fontenalis one
season, and the next there was not one to be seen, and yet they do well in both this
country and in Germany when kept in trout breeding ponds, and so our fish breeders
keep on breeding them and selling them. I suspect the real secret of their non-success
in our rivers is that they find the water in the summer months is too warm for them.
S. fontinalts is a char; we have no native char in our rivers though we have in many
of our lakes, and this fact seems clearly to point to the natural unsuitability of our rivers
for char of any kind. For this reason I have not much faith in the rainbow trout for
English rivers, although so much has been said in praise of them that our fish breeders
are unable to supply the demand. I should like to know how the rainbow trout has
succeeded in the streams in the State of New York. I see from the Superintendent’s
report, already quoted, that 14,500 fry of rainbow trout were placed in streams within
the State of New York as long ago as 1885. I notice that Mr. Frank N. Clark in his
report of operations at the Northville and Alpena (Mich.) stations for the season of
1885-6, recommends the discontinuance of the propagation of rainbow trout at the
Northville station on account of the meagre and unsatisfactory results obtained. ‘‘It
would seem,” he says, “that the species will not acclimatize to the waters of this
station notwithstanding the special effort that has been made for a number of years
to bring about this result.” Of the brown trout he spoke much more hopefully, ‘“‘the
stock fish of this species in the Northville ponds show a better and more uniform
growth than our brook trout and promise exceedingly well.”

To attempt to stock American streams which are already well stocked with native
brook trout seems to be unnecessary if not unwise. But the advance of civilization
and the alterations in the natural condition of the country consequent on it, appear to
be as inimical to the native trout as to the native Indian. If this is so, then it seems
unwise to attempt to restock such streams with S. fontenalis. The natural conditions

under which he once flourished in them are no longer the same.

Oaananiche.

By E. T. D. CHAMBERS, QUEBEC, CANADA.

A. NELSON CHENEY, Esq., State Fish Culturist of New York.

My Dear Mr. Cheney: Recalling our joint observations at the Grand Discharge
of Lake St. John while angling together in August, 1894, for ouananiche, I am
reminded of a promise then made you to let you know the result of what further
investigations I might be able to make into the habits of the fish and its geographical
distribution. Having been asked to publish the result of my observations, 1 may say
that arrangements have been made with Messrs. Harper & Bros. for the issue, some
time next April, of ‘The Book of the Ouananiche and Its Canadian Environment,”
pending which, however, I deem it a pleasure to communicate personally to you, for
whatever use you may consider desirable to make of them, such facts as may prove of
interest respecting the fish, either to yourself or friends.

In regard to the specific identity of the ouananiche, I hold firmly to the conclusion
at which you yourself arrived after the examination of specimens at Lake St. John,
that it presents no varietal differences from the so-called landlocked salmon of Maine
which have been planted in some of your New York waters. Without any very
intimate acquaintance with these latter fish, | am bound to accept the result of their
examination by the leading American experts who declare them to be specimens of
the true salmo salar. It is a fact that Dr. Goode urges that differences in their life
histories seem to justify the claim of the landlocked salmon to be regarded as a
distinct variety of sa/mo salar, and that Dr. Jordan advances a similar claim on behalf
of the ouananiche, but I cannot better reply to these contentions than in the words of
Professor S. Garman, of the Museum of Comparative Zoology, who thus writes me:
“Our friends find some difficulty in accepting the conclusion that there never was a
variety Sebago. None the less it is the fact. As the variety was characterized it
included all the young of sa/mo salar, and excluded only such adults as had visited
the sea. Similar distinctions would make a different variety of the men in a crew out
on a voyage, returning with modified complexions ; or a new species of those going
out smooth-faced and returning with whiskers.” The best authorities agree as to the
absoluty identity of the sea salmon with the so-called land-locks of Maine, for science
cannot recognize different life histories as evidence of distinct varieties. The ouana-
niche is similarly a salvo salar beyond any shadow of a doubt, and so, unless things

145

146 REPORT OF THE COMMISSIONERS OF

which are equal to the same thing are no longer equal to one another, there is no
varietal difference whatever between the so-called variety Sebago and the ouananiche
of Canadian waters. Agassiz, too, in 1875, examined the ouananiche with Boardman
and Putnam, and declared it to be identical with the so-called land-locked salmon of
Maine.

In the “ Book of the Ouananiche” I have referred to the various points of dissimi-
larity in appearance, manners or size that are cited and relied upon by those who deny
the absolute identity of the salmon of the sea, its congener of the Maine lakes, and the
Canadian ouananiche. In some of the American lakes I understand that it has been
taken almost equaling in size the adult sa/mo salar of many a well known salmon

stream. In Canadian waters, though there are stories of heavier fish, I have never

known of a larger ouananiche than eight pounds, and those of this size are somewhat
rare. If they occupied less rapid water, or periodically left their fresh water habitat
to fatten upon the ocean feeding beds of their anadromous kith and kin, much of the
difference in size between these latter and the fresh water fish would doubtless dis-
appear in a few generations. I am thus led to wonder what results might follow the
efforts of fish culturists to improve the size of the Canadian fish and the game
qualities of the American land-locks, by either crossing the two, or by breeding
either or both with salmon from the sea. Where access to the sea is open, as in all
Canadian ouananiche waters, there might of course be danger that the habit of
anadromy would be transmitted to the product of a union between sa/mo salar and

ouananiche. In the case of the latter fish, a cross with the Maine fresh water salmon

FISHERIES, GAME AND FORESTS. 147

would perhaps better serve to test the possibility of adding weight to its near
Canadian relative, while the extremely low temperature and turbulent nature of the
water this latter inhabits would prevent the issues of such union from losing the
gameness that arises from its habit of surface feeding the whole season through. On
the other hand 1 have some doubt as to whether the Canadian ouananiche itself,
transplanted into New York waters, might not be influenced by different climatic
conditions and the higher temperature of the waters in a new habitat, to become largely
a bottom feeder like its American congener, excepting in the spring of the year.

In regard to external appearance, Mr. Walter Brackett, of Boston, has contributed
to the forthcoming work on the subject a description of the slight differences, as they
appear to the well-trained eye of an experienced fish artist, between a grilse and a
ouananiche. These are evidently but local adaptations, as the anatomy of the two fish
is identical. The title ‘“‘land-locked,” applied to the Canadian ouananiche, is a
misnomer. I am sorry to find it in so respectable an authority as Webster's
Dictionary, which is equally erroneous in discarding the original form of the fish’s
name, reduced to writing 250 years ago from its Indian pronunciation, and substitut-
ing therefore ‘“‘winninish,” which is not even a good phonetic English spelling of the
spoken Indian word. The absurd attempts of vandal linguists to get away from the
original form of the name has resulted in the use of some twenty to thirty varying
orthographies, which I collected some time ago in a paper on the philology of the
ouananiche read before the Royal Society of Canada, and reproduced in great part in
“The Book of the Ouananiche.”

That the fish is not land-locked is quite evident to all acquainted with its habitat.
In the Lake St. John waters, in particular, it has unobstructed access to the sea. The
familiar story of the Lake St. John ouananiche, imprisoned above an impassable
barrier in the bed of the Saguehay is simply a common error. Some writers have
jumped at the conclusion that “at some past period of their piscatorial destiny, a
colony of salmon from the sea, well satisfied with the depth of the waters and the
abundance of food in the Saguenay, concluded to secede from their oceanic domain,
and remaining in their congenial environment founded a kingdom of their own.” But
even this pretty theory has to be abandoned when investigating the case of ouananiche
in the inland waters of Labrador, sometimes found above falls of a hundred or more
feet in height.

Up to within the last year or two it has been quite a common practice to speak of
the Ouananiche as peculiar to Lake St. John and its tributary waters. Recent explora-
tions, such as that of A. P. Low, of the Dominion Geological Survey of 1894-95,
through the interior of Labrador, have brought to light the fact that the fish is found

in most of the large streams draining the interior of the great Labrador peninsula and

148 REPORT OF THE COMMISSIONERS OF

having a northerly, easterly or southerly direction, or any at all approaching either of
such directions. In the course of a chapter contributed by him to ‘‘ The Book of the
Ouananiche,” Mr. Low says: ‘‘I found the ouananiche in the Roksoak River for a
distance of over 200 miles below Lake Caniapscow. Between the place where last
seen and the sea are four chutes, one of which at least could not be passed by salmon
from below, as it has a sheer fall of sixty feet. My guide of the summer of 1894
informed me that ouananiche were found in the lakes and river stretches of the upper
part of the George River, which also empties into Ungava Bay. On the eastern
watershed we frequently caught land-locked salmon on both branches of the Hamilton
River above the Grand Falls, where the sheer fall is 300 feet.

“Quananiche were also taken in the great Lake Michikamow. I do not know what
the theories are regarding the occurrence of these fish in inland waters, but of one
thing I am certain and that is they have never ascended from the sea to their present
haunt since the close of the glacial period, and I hardly think the conditions were
favorable then. My idea is that the salmon was originally a fresh water fish and
acquired the sea going habit.”

I have much that might be of interest to you and your friends on this subject, but
from the mass of manuscript which I am now engaged in revising it is difficult to

decide as to what selections might prove acceptable.

FISHERIES, GAME AND FORESTS. 149
STATE OF NEW YORK.

FISHERIES, GAME AND FORESTS COMMISSION,

ALBANY, N. Y.

CircuLAR No. 1.

Instractions for Transporting and Planting Woang Fish.

Brook, brown, rainbow and Loch Leven trout should be planted in small spring rivulets
tributary to the larger stream intended to be stocked. From the rivulets they will work down
as they grow, into the main stream.

Lake trout should be planted among boulders or rocks on a shoal in mid-lake, very near
to deep water, into which the young trout soon find their way. In the absence of such shoals
with rocks to afford hiding places for the young trout, they may be planted on natural spawning
beds, when they are known.

In transporting young trout if they come to the surface of the water in the cans, it is a
sign of exhaustion, and the water should be frequently aerated by dipping it from the can in a
dipper and let it fall into it again from a considerable height. It is safer to aerate the water
placed in the cans at the hatchery than to add fresh water during the journey, the qualities of
which are unknown. Should the water in the cans become warm, the temperature should be
reduced by the addition of ice broken into small pieces.

If the water in the cans containing young trout should be warmer or colder than the
water in the lake or stream at the time of planting the fish, the temperature should be equalized
by mingling the two waters in the can before the fish are turned out, as marked changes in the
temperature may kill the young trout.

Fish cans ordinarily hold about 5,000 trout fry, and not more than three cans of fry should
be planted in one year in a stream from six to eight miles long, and the fry should be well
distributed throughout the length of the stream (by planting in rivulets as previously stated), as
by bunching the plant there is danger of exhausting the food suitable for the young fish.

Fry or yearling fish should be planted as soon as received and never under any circum.
stances kept over night without constant watching and aerating the water. ‘Trout are sent out
by the State in the Spring or Fall, as transportation during the hot months is attended with great
risk.

Applicants for fish should so far as possible ascertain the kinds and quality of fish food in
the streams they desire to plant.

A. N. CHENEY,
State Fish Culturist.

150 REPORT OF THE COMMISSIONERS OF
STATE OF NEW YORK.
FISHERIES, GAME AND FORESTS COMMISSION,

Apany, N. Y.

CircuLaR No. 2.

Information for all who Apply for State Fish.

All persons who desire to obtain fish or fish fry from the Fisheries, Game and Forests
Commission, for planting in public waters of the State, for under no circumstances are fish
furnished by the State to be planted in private waters, should apply to the Secretary of the
Commission at the office in Albany, for blanks to be filled out for this purpose, at the same time
stating the kind or kinds of fish desired. ‘Three different blanks are furnished. Blanks for trout
fry, blanks for fish fry (including all fish furnished by the Commission other than trout and black
bass), and blanks for black bass. A separate blank must be filled for each kind of fish applied
for. All applications for trout fry (including brook, brown, rainbow and lake trout), whitefish,
ciscoes, Adironaack frost fish and smelts, must be filed in the office at Albany on or before
February 1st, each year.

Applications for tomcods must be filed on or before January rst.

Pike-perch and mascalonge applications may be filed as late as April 1st, and applications
for black bass as late as May rst.

Most of the species of the salmon family reared by the State spawn in the fall and are
hatched the following spring, and are ready for delivery from March to May, depending upon the
season, and the situation of the hatchery. The spring spawning fishes, like the mascalonge, pike-
perch and black bass, may be delivered in May and June. Applicants for fish are notified in
advance of the shipments of fish assigned to them. Applications for fish received after the dates
fixed by the Commission for that purpose, must be rejected for that year, as assignments once
made are final. The clerical work of filing applications and assigning millions of fish is so great
that it cannot be reviewed for reassignment before distribution begins.

By law, no fish, fish fry or spawn, other than trout, salmon and frost fish, can be planted
in the waters of the Adirondack region, and the penalty for violating the law is $500. The law
further provides that no trout of any kind or land-locked salmon shall be taken from any waters
of the State for stocking a private pond or stream.

A. N. CHENEY,
State Fish Culturist.

Report of Chief Game Protector
and Forester.

To the Commissioners of Fisheries, Game and Forests:

HEREWITH submit to you my annual report
together with an account of the work of the pro-
tectors for the portion of the year beginning April
25th and ending September 30, 1895. During

the year, as you well know, a change has occurred in our Depart-

ment which will, after a lapse of time be, in my opinion, to the

et interest of the workings of the force and enable us to accomplish
much better results than under the old régime, in view of the fact of the increase in
the force of protectors, the consolidation of the Fish and Forest Commission and
placing the work of the two Departments under one head, thereby giving an increased
force of protectors through the Forest Preserve, enabling us to do much more effective
work, as one can, while looking after the interests of the fish and game, detect
and prevent trespasses on State land, and I can say for a certainty that the work of
different branches are now being cared for in such a manner that the public interest
will be much better served than in former years.

There is, however, a chance for improvement in the way of legislation which will
put the matter of prosecutions for trespass on State lands directly under the charge of
your Commission, and I have no doubt but the coming Legislature will see the wisdom
of such a change and come to your rescue.

151

152 REPORT OF THE COMMISSIONERS OF FISHERIES, GAME AND FORESTS.

There is a growing sentiment by the masses in favor of enforcing the fish and game
laws, as they fully realize that without a law for the protection, preservation and
propagation that the fish and game of this State would soon become exterminated. As
to the preservation of the forests, there is scarcely anyone but that realizes the vital
importance of protecting the forests as a cover for our game, and a protection to the
great watershed to the vast number of rivers heading therein which supply the mill
interests and the navigable waters of the State.

The change occasioned by the new force of protectors was not as detrimental to the
public interests as many might suppose or as some tried to make it appear ; but it is
a fact, nevertheless, that the work of a game protector to a certain extent is a trade and
requires some little practice. I can say from my knowledge in the past that the break
in the work was scarcely perceptible and that the new force with very few exceptions
are men of ability and integrity and have set about to make a success of their new
calling. There does not seem to be any perceptible decrease in the fish and game
supply of the entire State, and under the present condition of things and the interest
taken by your Honorable Board, the public need not have any fear of the fish, game
and forest for all time to come.

All of which is respectfully submitted.

J. WARREN POND,
Chief Protector.

FISHERIES, GAME AND FORESTS.

Schedale of Prosecations for Violations of Fish and Game

Laws, from April to October, 1395.

People vs.

People vs.

People vs.

Protector

Fred Wait

Title of Case County
G. W. Burgett Cayuga
David Van Sickle Seneca
Milton Philips ; Tioga
Philip Alpeter )
ie See (| Onondaga
G. Hulslander Tioga
Jason Orcott [aves
Frank Garlic | Wayne
J. E. Merrill | Gs
Sidney Belcher Tioga
John Doty | Tompkins
Art. Helmer Cayuga
Wirt Prosser 2
Charles Mapes | at
J. D. Bates Tioga
A. S. Mitchell Cayuga
Fayette Flick Chautauqua
John Clark . | Dutchess |
Shadnet Vail | |
Stephen Juckett | ee
Wm. Jukett : \ |
Charles Robinson . =i
Frank Spaulding ) :
Charles Tons ; ( polumbie
Philip Burgher _ | Dutchess
Geo. Clarkson
John Arnold =| se
Patrick Breman )
John Hartley ) | .
Matthew Platner . (|
Norman Howard . . | Greene
Herman Thurston . |
Andrew Fraley | lateness

Geo. Keuehn

Frank W. Cheney

Total

Matthew Kennedy

~)
on
je}
12}

roo Nh Hw is)
0 Om NN Uw
Oo Oo 0 fe)
fo) {ey fo} 1e)

10.00
10.00
25.00

I0.00

$370.00

$10.00

$75.00

w

154 REPORT OF THE COMMISSIONERS OF
Title of Case County Protector Recovery
People vs. Horace Bradley l
“ Henry C. Wilson . { | Dutchess Matthew Kennedy $50.00
“ Charles H. Deyo . 7}
ss Benj. I. Farquar
iS Wm. Brophy -| Albany G 52.00
as Harry Wright |
a Fred Shaver .
“ William Hill Columbia “ | 10.00
| —
Total | $1,019.00
People vs. Wm. Wilburn Richmond John W. Lisk | $5.00
Ke Wm. W. Capre | ‘“ “ 50.00
a6 Geo. Skinner “ | 40.00
oe Peter Smith . “ & 23.00,
Charles Bedell “ “ 15.00
C. Dissoway “ “ | 5.00
GG Geo. Laforge “ “ i | 5.00
a Geo. Smith “4 “ | 5.00
Joshua Toten a ds | Sentence susp.
a William Sprague «“ “ | “ «“
us Croal Price &“ “ | &“ ‘6
Total | $148.00
People vs. Wm. Erbach | Monroe | Simon Marshall $30.00
a Terry Burns oe ce 15.00
ce John Bell sé “ 10.00
cs Vincent Fowler cs a 10.00
3 Byron Coy 6 a6 10.00
a Andrew Ward a as 15.00
‘ James McKay a ce 10,00
Total | $100.00
People vs. Geo. Sternburgh St. Lawrence | Joseph Northup $101.50
Rozell Phillips Jefferson & 25.00
a Henry Marks a6 & 25.00
a Jas. Strong a as 25.00
@ Oliver Strong w & 25.00
& Ed. Hasner . s Me 12.00
ab Parley Putnam ee 20.00
a Wm. Forbes : es 15.00
as Wm. Sheley fs ce 10.00
Total $258.50

FISHERIES, GAME AND FORESTS. I

way
Ls a

Title of Case

County

People vs. Earl Dewey

People vs.

“

People vs.

Jerome Hoffman
Clarence Bently
Denman Coats
Earl Perry c
Harvey Van Cott .
John McQuillen

Edward Plank
Fred Latimore

Chas. H. Ressegnier
Chas. B. Benjamin
Daniel Flannery
Wm. Gleason
Ezekial Parks
Ezekial Parks
Horace Davis

Louis Seymour

John Leaf

John Alleroth
Fred Graves
Albert Rhoding
Geo. Alleroth
Joseph Raizen
Ed. Saintly

John Fox

Chas. Keschel
Wilham Knope
Jacob Schribel
Albert Store

J. Bradford Jones .
John J. Davis
Herman Krofchik
Chas. Silky

John Klein

Otto Stimby
John Wareder
Lewis Weisenberg
Louis Lockhart
John LaBarge

Ontario

Oswego
ce

Fulton

Hamilton

Protector

Wallace L. Reed . ’ $20.00

(73

10.00

10.00

E. J. Lobdell
10.00
- | 25 days in jail

Sentence susp.
30.00
10.00
10.00
35-00

100.00

Total $205.00

E. I. Brooks $80.00

C . | Sentence susp.

: || 10.00
ce . | Sentence susp-

Total

I2

REPORT OF THE COMMISSIONERS OF

Title of Case

County

Protector

People vs

“ce
“ee

66

People vs.

“cc

People vs.

“ec

People vs.

People vs.

People vs.

(73

People vs

People vs

People vs

. Abram Wanzer
Orin Bogert .
Herbert Ford
Luke Ryder .

Herbert Hull
Albert Hull .

Wm. Drash .
Chauncey Bailey

Charles Palmeter .

Martin Chamberlain
Scott Becker
Sherman Thompson
Ezra Palen

Rusel Trowbridge
Norman Quick
Walter Barker

Geo. Winchell
Jacob Barley
Asulph Barber
Daniel Darling

John Brothers
Joseph Gonges

. John Saltsman

. Geo, Fisk, Jr.
Wilham Dual
Frank Jewell
Albert Thompson .
Alvin Suger .
George Velie
Samuel Burnes
Benj. Gimps

. Stephen Monroe

—

Kings

Herkimer

Steuben

Cayuga

Schoharie

Clinton

“cc

Montgomery

Seneca

6c

Wayne

Chenango

A. B. Kloch

| John L. Ackley

_ Jas. H. Lamphere

Ira Elmendorf

B. S. Morrill

“ee

John E. Leavitt

George Carver

L. S. Emmons

Total

Total

Recovery

$5.00
5.00
5.00
5.00

$20.00
$25.00

$20.00

$10.00

$15.00

5.00
5-00
5-00
5-00
5-00
5.00
5.00
Sp2H}

$5 3-25
$5.00

5°00

$10.00

$15.00

$25.00
25.00
25.00
25.00
25.00
60.00
15.00
18.00

$218.00

$25.00

FISHERIES,

GAME

AND FORESYS.

Title of Case

People vs. Joseph Elmenfried

People vs.

People vs.

“ec

People vs.

People vs.

a3

Dan Miller
Mr. Merrick
John Miller .
Chris. Kohler
Wm. Cleveland
Banks Gailow

Frank I. Tingley

Frank Penny
Charles Spregel

Lorenzo Graves

Frank Pickert
Henry Radley

People vs. A. B. Tuthill

— —’

County

Erie

Delaware

Saratoga

Allegany

Herkimer

oe

Suffolk

Protector

. Pomeroy

Jas. D. Lawrence

Wm. A. TenEyck

W. C. Kendall

C. P. Williams

ce

E. R. Benjamin

Total

Total

Deer Hound witha Record.

Report of Saperintendent of Forests
on the Adirondack Deer.

To the Commissioners of Fisherigs, Game and Forests:

N submitting my report on the number of deer
killed last season in the Great Forest of Northern
New York, I have prefaced the statistics with a

few paragraphs on the habits and characteristics of

the Adirondack deer.

The deer, wherever it exists, has always been
regarded with interest and admiration on account of
its fleetness, grace and beauty, in which it far surpasses all other quadrupeds. It also
furnishes a staple article of food, while the pursuit of this game yields to the hunter
and sportsman the keenest delight.

The species which inhabits our northern forest is known variously as the Virginia
Deer, Red Deer, Common Deer, and White-tailed Deer. It is classified by the
naturalists as belonging to the order of the Ungzlata, the family of the Ceruzd@, and
the species Cartacus Virginianus, or Cervus Virginianus. The name given to the species
would indicate that it was first observed by the naturalists in Virginia.

Its habitat extends from the Canadian forests southward to the Gulf of Mexico,
and from the Atlantic coast westward to the Missouri River. In the Southern States,
especially in the Carolinas where this kind of game is still found, the species is inferior
in size, being fully one-third smaller than the northern deer. The Adirondack deer,
while not exhibiting, perhaps, the very largest and finest type, will compare favorably
with those of Maine and Michigan where the species is seen at its best. In the Adiron-
dack region it attains a maximum weight of about 350 Ibs. The largest recorded size,
a buck killed in Warren county, showed a height of 4 feet 3 inches over the withers,

with a length from nose to tip of tail of 9 feet 7 inches.
159

160 REPORT OF THE COMMISSIONERS OF

The deer is a ruminant, and as it both parts the hoof and chews the cud, no one aside
from a vegetarian could take exception to its meat as an article of food. The savory,
digestible qualities of venison, when properly killed and skillfully cooked, are so well
known that further mention in this respect is unnecessary. Like all ruminants it has
four stomachs, the two first forming receptacles for the bruised and partially moistened
vegetable food, from which the animal has the power to raise portions of the undigested
mass to its mouth, to be more fully masticated whenever it is at rest. The animal
has no front teeth in its upper jaw, and crops the grass or browses in the same manner
as a cow when feeding.

The male is distinguishable by its greater size and by the antlers which in various
forms grace its head at most seasons of the year. These horns are solid, thus creating
a natural distinction from the hollow-horned ruminants such as antelope and oxen.
The antlers, which are large and branching, are shed and renewed each year, those of
the Adirondack deer falling off in January.

When the horns have dropped, or been knocked off by the action of the buck in
rubbing them against trees as if desirous of getting rid of them, the bony process of
the skull in which each antler rests is left naked and bloody for a time. These cavities
are soon covered with a vascular growth that is protected by a rough, dark colored
skin. This growth is succeeded within twenty or thirty days by a convex swelling,
soft and tender, through which the blood circulates somewhat freely, and which will
bleed if cut or injured. From these knob-like elevations the new horns originate,
lengthen rapidly, and branching into several prongs soon become hard and smooth.

The full size of the antler is attained in July. Up to this time the horns are

covered with a soft, hairy skin or covering, and the horns are then said to be “in the
velvet.” This peels off in ragged strips, the animal evincing an itching propensity to

rub its antlers against trees and limbs, by which action it denudes its horns of this
covering. While in the velvet the horns are soft and warm to the touch, indicating
still a circulation of the blood. If the horns are prematurely divested of the velvet, as
sometimes done by hunters, the antlers present a raw, bloody appearance. While in the
velvet the points and prongs have a blunt, stumpy appearance, the ends being thick and
rounded and not completely ossified; but having shed this coating the horns not only
grow smooth and hard, but the prongs and terminal branch become sharply pointed.

The antlers vary greatly in size, in the number of prongs, and number of points.
A full-grown buck has generally four prongs on each antler, and quite often five or
more. If five, it is then known as a ten-prong buck, and its antlers are said to have
ten points, the terminal prong, or end of the beam, counting as one point. Sometimes
an antler with, say five prongs, may show a larger number of points, owing to short,

undeveloped prongs, or to bifurcations at the termini of the prongs.

FISHERIES, GAME AND FORESTS. 161

All full antlered bucks have what are called brow antlers. These are short, upright
prongs which rise from the lower part of the beam near its junction with the head.
The lower part of the horn, near the skull, for a distance of four or five inches, has a

,

corrugated or wrinkled surface, which furnishes the ‘“buck-horn” material used for
handles of hunting knives or large clasp-knives.

The elevation of the frontal bone in which the base of the antler rests is called the
pedicel; and the short cylindrical part of the antler which fits into the pedicel is called
the burr. This burr is round, white, of the
color and apparent texture of lump salt,
but perfectly hard. It is about three-eighths
of an inch in length and of about the same
diameter as the antler. The circular rim or
shoulder just above the burr fits closely to
the skull, this rim being formed by a slight
flaring at the base of the horn.

The number of prongs on a buck is sup-
posed by many to indicate his age. This
is true to some extent. A five-pronged, or
ten-pointed, buck may be assumed to be
six years old. But most bucks fail to add
any prongs after their fifth year, beyond
which their age is indicated by the size of
the beam and spread of the horns rather
than by the number of points. In the Cats-
kill Deer Park, where the State maintains
a large herd of deer for breeding purposes,
there is a large buck, nine years old, which
has not had over four prongs on each antler

since his fifth year. A photograph of this

buck, taken from life, appears in the report
of the State Forest Commission, for 1893. PALMATED HORNS.

The females of the Adirondack or Virginian deer have no horns, their absence
forming one of the distinguishing features of the species. Still, does have been
found with small antlers—rarely, it is true, but often enough to furnish several well
authenticated instances of this abnormal feature. A doe’s head with a single spike-
horn may be seen at ‘“ Lon’’ Wood’s hotel, Fourth Lake, Fulton Chain, N. Y. The
head was “mounted” and is hanging on the wall in the hotel office. In 1892, Mr.

Edwin C. Angle, of Schenectady, N. Y., shot a doe that had two short antlers, with

162 REPORT OF THE COMMISSIONERS OF

one small prong on each. He killed this doe near the West Canada Lakes, in Hamil-
ton county, N. Y. That there should be such cases need not occasion any great
surprise or wonderment. The females of the antelope, reindeer and caribou have
horns, while in many other species, bovines for instance, both sexes have horns.
That the does of the cervide should have horns is probably due to atavism.

In the Adirondacks, some of the males have, in place of branching antlers,
a pair of short, straight horns, projecting forward. These horns, which are
comparatively slender and sharp-pointed, are called spikes, and the animal is known

‘

as a “‘spike-horn buck.” At one time the naturalists were inclined to classify these
as a distinct variety or species. It was argued that the spike-horn bucks had an
advantage over those with spreading antlers, in the greater facility with which they
could dash at full speed through dense forests, tangled underbrush, or fallen tree
tops, thereby eluding pursuit more easily; also that the spike-horn was a more
effective weapon of defense in fighting with other bucks. From all of which,
together with the large number of spike-horns recently observed, it was argued that
the latter were increasing; that they were evolved at the cost of the others; and,
that in time the antlered variety would thus become extinct.* The theory was a
plausible one, especially with the believers in evolution and natural selection; but
a closer examination of some spike-horns, extended through several seasons, elicited
the fact that their peculiar horn was due to lack of years or some arrested develop-
ment, and that in time their spikes were exchanged for branching antlers.

The antlers have an important influence on the reproduction of the species,
because at the time when the males seek the company of the other sex—the
“rutting ’’ season as it is termed—the bucks very often fight with each other for the
possession of the does. In these combats, which are of a fierce, desperate character,
the bucks use their antlers as weapons, the victory generally going to the younger
ones which have just attained their full growth, and whose horns are sharper than
those of the older ones.

Instances have occurred where two furious bucks have interlocked their horns
so firmly that they could not disengage them, and the animals thus fastened together
died of starvation. In such cases the horns are fastened together in such a manner
that it is impossible to separate them or spring them apart by mere manual strength.
In Audubon’s “Quadrupeds of North America” the statement is made that on one
occasion three pairs of horns were found thus interlocked and, as in similar cases,
the skulls and skeletons of the combatants were found attached.

The color of the deer changes at certain seasons. In summer it is of a light
reddish hue, with the exception of the under portion of the body, neck, and tail,

* Mammals of the Adirondack Region: by Clinton Hart Merriam, M.D.

FISHERIES, GAME AND FORESTS. 165

While the Adirondack deer subsists largely on arboreous food, its aliment may be
said to be the same as that of all gramnivorous animals, with such variation or restric-
tion as is enforced by its forest habitat. Although it will eat readily the same food as
that of our horses, cows, and sheep, it 1s forced by its life in the woods to subsist on
forms of vegetation which our domestic animals would not touch except when suffering
from starvation.

In spring the deer feed or ‘“‘browse” on the young, tender shoots, on the new
leaves, and on herbs of various kinds. In summer they may be seen along the shores
of lakes, ponds, or streams, where they feed on aquatic plants. At this season they
are especially fond of the tender, succulent weed, growing in shallow water,—a
species of carex or sparganiun,—known as deer grass. In feeding on this plant the
animal will thrust its head entirely under water in order to crop the stems as near the
root as possible. In the summer, also, deer will crop the grass which grows in the old,
abandoned log-roads in the woods; and along the outskirts of the wilderness they are
seen at times grazing in company with cows on pasture land. They eat also the leaves
of sapling trees, young maples especially, and while watching them it is interesting to
see how high they will reach for the leaves, and how skillful they are in pulling down
branches which they will hold and feed from at the same time.

As the fall months come on they retire from the water courses and lakes, and seek
higher ground, where they subsist on briers, ferns, raspberry and elder bushes. If it
is a beechnut year they may be found on the hardwood ridges where the beeches grow,
feeding on the nuts that are thickly scattered on the ground. A beechnut year makes
fat bucks. During the winter the deer are obliged to subsist on buds, mosses, bark,
lichens, fungi, and certain species of evergreens, the cedar and hemlock boughs that
hang low enough furnishing a large part of their food. The ground hemlock (7axus
Canadensis) supplies a good share of their winter sustenance, this low evergreen shrub
being cropped closely wherever it is found.

If the winter is long and severe, and the snow deep, they will eat the woody portion
of some twigs, cropping the terminal branches of maple saplings until nothing is left;
but mere sticks, sometimes an inch in thickness, where bitten off by the famished
creatures. They will also paw the snow away with their hoofs in search of beechnuts
which may be hidden beneath the surface. As there are no oak or chestnut trees in
the Adirondack forests, they are deprived of the favorite acorn and nutritious nut which
these species furnish, and which in other regions are readily eaten by the common
white-tailed deer.

In winter the Adirondack deer frequent the vicinity of lumber camps and places
where log-choppers are felling trees, feeding at night on the tree tops which are found

there lying on the ground. They visit the frozen lakes and ponds where, by walking

166 REPORT OF TITLE COMMISSIONERS OF

on the ice, they can browse on the white cedar and other conifers that in many places
grow in dense, unbroken masses along the shore, close to and overhanging the water’s
edge. They crop this foliage clean as high as they can reach. On some Adirondack
lakes there is a well-defined horizontal line on the tree-growth along the shore, above
which the foliage is thick and green, while below it there is not a vestige of leaf or
twig on the bare, dead branches and naked tree trunks. This line of demarkation is
so true and level that it is generally mistaken for a high-water mark or line of erosion
caused by moving ice; but it was made by deer in winter when feeding along the
shore and walking on the level ice. Little Moose, Bug, and Queer Lakes, in Herkimer
county, especially the latter, are well worth visiting by any who might be interested
in studying this peculiar evidence of their work.

The best and most abundant feed is found in forests that have been lumbered, that
is, forests from which the larger spruce and pine trees have been removed years ago.
These lumbering operations not only left the land well shaded by the remaining hard-
woods and small evergreens, but promoted a certain growth of underbrush, which is
generally lacking in our primeval forests. This underbrush, together with the grasses
and shrubs that spring up along the old abandoned log-roads, furnish an abundance of
nutritious food. Lands, also, that have been burned over seem to be a favorite feed-
ing place after a lapse of a few years, the fire having stimulated a new growth of
grasses, shrubs, bushes, and briers, that make attractive pasture. The reappearance of
the deer on these burned and lumbered tracts, and their rapidly increasing numbers in
these localities has been a matter of wonderment and frequent remark by the residents
during the past few years.

While in their native haunts the deer are obliged to content themselves with such
food as the forest affords; but in the Catskill region, where they have become embold-
ened by the protection afforded by the law, they frequently venture into the farming
districts where they vary their diet by incursions into the grain fields and garden
patches of the farmers. Letters have been received by this Department from irate
citizens in Greene and Delaware counties protesting against the action of the State in
turning deer loose in that region to the detriment of their crops; and one man
forwarded a bill for $44.00 for cabbages and other garden truck eaten by the “King’s
leer,”

The herd in the State Breeding Park at Slide Mountain, Ulster county, soon
browsed the woods in that large enclosure so completely that food had to be purchased
for them. They were then fed on oats, hay, potatoes, Indian meal, and ground feed.
Although they were given all they would eat they did not attain their normal size and
weight. A few which escaped were seen occasionally in the neighborhood, when the

better condition and the greater size of these which ran at large was plainly apparent.

FISHERIES, GAME AND FORESTS. 167

There was also a noticeable lack of vigor, a degeneration in the new stock, and
decrease in reproduction, that we attributed to the lack of natural arboreous food.

Like many other animals the deer are very fond of salt; and in regions where
there are saline springs, or earthy substances impregnated with salt, they will frequent
such places at night to lick the stones, earth, or roots of trees. Hence the phrase,
“salt licks,” or ‘‘deer licks.” There are no natural salt licks in the Adirondacks;
but crafty and unprincipled hunters often make artificial ones there, in order to carry
on this unlawful method of hunting.

Our northern deer frequent the lakes and streams, spending much of their time in

lingering along their shores. They evince a desire for such places, not so much for

SWIMMING BUCK.

quenching thirst—for the woods are full of springs—as for the evident pleasure they
take in wading or swimming. A well-watered country seems necessary for their
best development, and the superiority in size of our Adirondack deer over its species
elsewhere in the United States may be attributed in part to the extraordinary
advantages which they enjoy in this respect. In addition to the nutritious food
afforded by aquatic vegetation, these water areas enable the animal to gratify its
natural instincts for swimming and wading.

In the summer months, when annoyed and goaded by the deer flies, black flies,
mosquitoes, midges and other merciless insects. that bite and sting despite the thick

coating of its hair, the deer plunges into the cool and quiet lake, and submerging his

168 REPORT OF THE COMMISSIONERS OF

body entirely takes evident delight in swimming slowly about, safe for the time from
the myriads of his tiny persecutors. The does are frequently seen nursing their young
while standing in the shallow water along some river or pond; and one of the prettiest
sights in the woods is a doe at some secluded lake giving her twin fawns their first
lesson in swimming.

Deer may be seen in summer at all hours of the day, oftenest at morning and
evening, feeding or wading in the shallow water along the shores of lakes or streams.
Mr. William M. Durant, the owner of Summer Park, in Hamilton county, writes me
that on his preserve he has seen as many as thirty at one time along the shores of one
small lake. But, owing to its nocturnal habits, the animal frequents the water in far
greater numbers at night, for then it goes there in search of drink and food. This
is particularly true of the nursing does which visit the waterside at night in great
numbers, far outnumbering the bucks in such places; and it is this which makes
night-hunting peculiarly destructive, for most every doe thus killed leaves two
unweaned fawns in the woods to starve.

Deer cannot exist without water or melted snow. When the winter sets in early,
the freezing of the lakes and water courses compels them to travel about in search of
springs, or thin spots in the ice over spring-holes, where they can paw a hole through
the frozen surface with their sharp hoofs. In traveling on ice they seem to be able to
detect, by sound or otherwise, the thin places which will enable them by pawing a hole
to reach water. In 1893, while examining lands in Township 18, north of Rainbow
Lake, in company with a forester, I walked up the inlet of that lake over ice twenty
inches thick, following on our way the track of a buck whose erratic path indicated
that he was in search of thin ice and water. Keeping on his track a mile or so we
came to a spot where the animal’s quest was rewarded by a place in which he had cut
a hole through the ice and drank. That the buck had found thin ice was further
attested a moment later by the sudden disappearance of the forester—‘‘Tom” Powers
—who went through out of sight. The mercury that morning was 11 degrees below
zero, and scrambling out of his icy bath the forester started on a run for Wardner’s to
change his clothes before they froze stiff and fast on his limbs.

Although the Virginian or Common American Deer is described by the naturalists
as a gregarious animal, the Adirondack deer seldom congregate in herds or even small
groups except while yarding in the winter. At such times the males yard together as
a rule, and the females congregate by themselves also. Except in the rutting season
the sexes are seldom seen together in company. These deer-yards are made in time
of snow, and are located in places where there is a good supply of food near by. Paths

are beaten through the snow by the animals in all directions, along which they travel,

FISHERIES, GAME AND FORESTS. 169

and browse or feed. In the central yard: the soiled and trampled snow, hoof tracks,
and excrement, make the spot look like the barnyard of a farm.

The “rutting” season, or time when the males seek the company of the other sex,
occurs in November. As this period approaches, the neck of the buck enlarges
noticeably, and increases until it is one-third greater than its normal size. This is the
period during which the bucks evince such a pugnacious, warlike disposition, fighting
with each other for the possession of the does or mastery of the herd. During this
time they are active, and are traveling through the forest continually in search of
females. But when this season is past and their horns have fallen off, they herd with
their male companions in peace and quiet.

The period of gestation with the does, as stated by the naturalists, isseven months,
although observations made in the State Breeding Park and in. private deer parks
furnish instances where the period was less by two or three weeks. The fawns are
born in May or June, mostly in the latter month. The young does, or yearlings, bring
forth their offspring somewhat later, and generally produce only one fawn the first
year, after which they have two at a birth; and, occasionally, a doe has three fawns.
But the latter number is unusual with the Adirondack deer, although not an uncommon
occurrence with the Carolina deer. In a private deer park at Loon Lake, Franklin
county, N. Y., owned by Mr. Ferd. W. Chase, where the deer are under close obser-
vation, it was noticed that a fawn born in May gave birth to a single fawn the next
May. Bachman* states that he was present in Carolina when a large doe killed by
J. W. Audubon was opened and found to contain four large, well-formed fawas. When
confined, or restricted to deer parks, no matter how large the enclosure, the does are
not as prolific as when at large, and single fawns are the rule rather than twins.

In the forest the doe conceals her young with instinctive method, teaching them to
lie quiet beneath some tree-top, within some thicket of young evergreens, or behind
some fallen tree trunk. The little fellows will not start or show any alarm if one walks
near so long as they are unobserved, which is very apt to be the case so well are they
concealed. But the nervous, apprehensive movement of the doe, which always hastens
to the spot, is unmistakable, and announces that she has a fawn or fawns concealed
near by. The doe, when not alarmed, grazes or feeds in the vicinity, visiting her fawns
at intervals during the day to nurse them. As they get older and stronger they follow
the doe through the woods, at first with a funny little tottering gait—but later with a
most beautiful, graceful motion,—and then begin to nip the tender blades or leaves,

soon learning to provide for themselves.

* Quadrupeds of North America: by John James Audubon, F. R. S., and Rey. John Bachman,
IDEID bs IEE AID

170 REPORT OF THE COMMISSIONERS OF

The deer is often described as a nocturnal animal, and, to a great extent the
Adirondack deer feed and travel at night; but they are seen quite often on their
feeding grounds in daytime, especially at morning and evening. Their nocturnal
movements may be due to the persistency with which they are hunted, and because
at night they never come in contact with their greatest enemy and destroyer, man.
During the day the animal generally rests in its bed, selecting some place that
affords both concealment and shelter. It seems insensible to rain or cold. In
summer it will make its bed often in the tall, damp grasses of some bog, and in
winter chew its cud complacently while lying on its chilly couch of snow. Still, it
seems to select in winter, when not yarded in a herd, some dry, sheltered spot,
with a sunny exposure and sheltered from the wind. In winter, also, the deer
leave the mountain slopes where they roamed during the fall, and return to the
lowlands and the swamps, where they have a better opportunity for food and
water.

The species, wherever it exists, evinces a disposition to remain in its own partic-
ular locality; and, although it may be driven away by hounds or hunters and
nearly exterminated, it will return in time to its original feeding grounds if per-
mitted, and restock its old habitat. This is plainly noticeable in Vermont where
these animals had become nearly extinct; but a law prohibiting hunting there
having been enacted, they reappeared in their old haunts and have become so
numerous that the farmers are complaining loudly of their depredations.

There are three methods of hunting practiced in the Adirondack woods: night-
hunting, hounding, and still-hunting. Under the present game law each hunter is
restricted to two deer killed; and the hunting season in the Adirondack counties
is limited to two and one-half months, from August 16th to October 31st, both
inclusive.

Night-hunting, jacking, or floating, as it is variously called, while permissible
during the entire open season, is practicable only during the warm nights in the
earlier part of the hunting period. So this method is in use during the first month
only, the night-hunters commencing their deadly work promptly on the first evening
allowed by the game law. The deer killed thus are the ones which are wont to
feed at night along the shores of lakes, ponds and streams. The hunter uses a
boat for this purpose, and employs a guide who, not only is familiar with the feeding
grounds and habits of the animal, but is skillful in paddling the boat or canoe with
the noiseless motion which is an absolute requisite to success. The guide with his
paddle sits in the stern; the hunter sits in the bow facing forward same as the
guide. A cloudy, moonless night is necessary ; the darker the better. In the bow,

and in front of the hunter, is placed an upright pole on top of which is fastened

FISHERIES, GAME AND FORESTS. 171

a lantern and reflector, somewhat higher than the head of the hunter when seated.
The reflector is arranged so as to throw the rays of light forward. In the earlier
days of Adirondack hunting this lantern was constructed by placing a semi-circular
disk on top of the standard, with a curved sheet of birch bark nailed to the back
edge of the disk. For a light, candles or bunches of pitch pine slivers were used,
the birch bark acting as a reflector. This device constitutes the “jack,” or “ jack-
light.” When the jack is lighted the hunter, sitting behind it, is concealed in the
darkness which becomes more intense by reason of the light and shadow of the broad
reflector.

In late years the hunters have largely discarded the lantern-jack for a bulls-
eye lantern, which is worn upon the head. When the latter device is used
a leathern cap is worn, sometimes in the shape of a helmet, but more often a
turban-shaped cap without a frontpiece. This patent jack is nothing more than a
dark-lantern with a strong lens, which is kept covered with a leather'cap-piece when
the light is not needed. One advantage of this “headlight” jack is, that by tilting
the hat over the left eye the light will shine on the rear sight of a rifle as well as
on the forward sight. Some use a small lantern mounted on the stock of the rifle,
and raised just high enough to permit the hunter to sight under it. Some hunters use
a shot-gun for night-hunting instead of a rifle, putting in a heavy charge of buck-
shot. With the old-fashioned jack the hunter could only see the forward sight on
his gun as it projected from under the light, and so was obliged to use a shot-gun
whose scattering charge was more apt to bring down the deer than the single
bullet from a rifle. But with the patent jack worn on the head, throwing its light
on both forward and back sight, the expert shots are using rifles largely for this kind
of hunting.

Starting late in the evening of a moonless night, after the last gleam of twilight
has disappeared, the sportsman and his guide, seated in their boat, drift or paddle
to the hunting ground in search of the deer which on every still, warm night in
August may be found feeding on the aquatic vegetation. which grows in the
shallow waters along the lakes and rivers. If on a river the guide lets his boat
drift silently down the stream; if on a lake or pond, he paddles noiselessly along
the shores. The darkness and oppressive stillness, combined with the weird, noise-
less movement of the boat, furnish an experience that is always fascinating to the
hunter, even though it makes his heart beat so loudly that he fancies he can hear
each throb. Soon a noise is heard which indicates the proximity of the game.
It may be a slight splash in the water, or the breaking of a branch on the shore.
The boat is silently turned in the direction of the sound, and steered by the

guide so that the jack sends its search-light up and down the shore. If the
13

172 REPORT OF THE COMMISSIONERS OF

hunter carries the jack on his head he now uncovers the lens carefully and by
moving his head slightly from side to side, throws its rays from point to point.
If not deceived by the sound which attracted their attention he soon sees two
shining spots in the darkness, the eyes of a deer. Sometimes, under very favorable
conditions, the outline of the body can be dimly seen, a gray phantomlike form.
The deer is not alarmed, but stands still gazing curiously at the light which it
misinterprets as some natural phenomena. It cannot see the men in the shadow
behind the light.

If the hunter sees only the eyes of the deer, as is generally the case, he aims a
few inches below them and fires. The explosion wakes every echo from forest and
mountain with a reverberating roar that is intensified by the previous stillness.
It is heard by the night-hunters on neighboring lakes and streams who, noting the
direction of the distant shot, whisper to each other the name of the locality and
inwardly wonder whether it was a successful shot. It was probably not; the per-
centage of successful shots in jacking is not large. Unless the animal falls, shot
through some vital spot, it wheels instantly, and, plunging into the tangled forest
behind it, is lost. Even though fatally wounded it may travel through the woods a
long distance before it lies down to die. The next morning the guide visits the
spot, and if he finds the leaves “painted” with blood he follows the track of the
wounded animal for some distance, and then gives up the chase. But if the hunter’s
shot is followed by the heavy splash in the darkness, which announces that the deer has
fallen, the guide paddles instantly to the spot and the proud hunter secures his game.

There are several objections to this method of hunting, and most sportsmen
would willingly see it discontinued by law. For every deer killed by jacking a
much greater number are wounded and lost, the unfortunate creatures dying a
painful, lingering death in some distant swamp or hiding place. Many experienced,
observant guides estimate that four deer are thus killed and lost for every one that
is killed and secured. Another serious objection to jacking is that fully four-fifths
of the deer thus killed, whether secured or not, are does, which were forced to visit
the shores at night for food and drink in order to furnish sustenance for their young.
They are nursing does, and each one killed at this season leaves one or two fawns
in the woods to starve or eke out an enfeebled existence. Then, again, the does at
this time of the year, in August, are thin and poor. The venison is inferior and
scarcely eatable. To hunt them at this time is a mere, wanton cruelty, prompted by
that barbaric instinct to kill which still lingers in the human race. Furthermore, if
only bucks were shot by this method it would still be objectionable, because at this
season the bucks are not at their best for food; and, what is worse, owing to the

warm weather, the venison cannot be kept, but spoils before it can be used.

FISHERIES, GAME AND FORESTS. 173

No deer should be killed before the 20th of September. By that time the
fawns, even though not fully weaned, can take care of themselves; and the old
ones, although not in as good condition as they would be later, would furnish
venison which in that cooler month would keep until it could be eaten. The deer
are fattest and in best condition in October and November. In Maine the law does
not permit the killing of deer until October, and in Michigan until November.

The most of the deer hunting in the Adirondacks is done by hounding, the time
for which under our present law is limited to thirty-one* days, from September 1oth
to October roth, both inclusive. During this period the deer have left the water
courses and the lowlands, and are roaming along the hillsides or on higher ground.
Some, however, remain on the flat lands along the river valleys, but not in large
numbers.

The sportsman who would hunt with hounds generally joins some party bent
on the same pursuit, and the necessary arrangements are made the night before
while in camp or at some sportsman’s resort, club house, or backwoods hotel. These
arrangements include the selection of a definite number of guides who shall act as
“ starters” of the hounds, and an assignment of each rifleman to some designated
watch-point or run-way. Those who are to watch at some point on a lake, or “flow,”
often engage an extra guide each to accompany them, who assists in keeping a
sharp lookout for any deer that may be driven into the lake and who will pull the
boat in pursuit of the fast swimming deer, so that the sportsman can shoot without
having his aim rendered uncertain by any fatigue in rowing.

Early in the morning the guides who act as starters take their hounds, and with
two or three dogs each, sometimes four, chained to their belts, climb the hillsides or
travel through the woods in search of “deer signs,” by which phrase the hunters
designate the fresh tracks on which they start their hounds. The starter does not
travel far before the restless action or barking of the hounds, which are tugging at
his belt, indicates that they scent the game; or the keen eye of the guide may first
discover the footprint. But an honest, experienced guide will not start a hound
until he finds a fresh track, and one that promises success. Often he will pass by
fresh ones, hoping to find some large hoof print that will ensure a big buck for the
hunter watching on the lake below. When a satisfactory track is found a hound is
let loose on its scent. The hound, which runs by scent and not by sight, ‘gives
tongue” immediately, and disappears in the forest which now echoes with his deep-
toned cry. One by one the dogs are loosened, and the woods resound with their

musical baying.

* This law was changed in 1896 to fifteen days, from October Ist to 15th.

174 REPORT OF THE COMMISSIONERS OF

When the deer hears the hounds and finds that one of them is on his track, the
animal bounds away with an easy gait. A deer can easily outrun a hound. The
hound is a slow-running, stupid animal, following with his nose near the ground, and
occasionally losing the scent through some artifice of the deer. The latter circles
and doubles on his own track, and after running awhile will he down and rest. But
the Adirondack hound is tireless and persistent. The deer cannot rest long before
the continuous barking of the hound again reaches his ear, and the ‘“‘race” is
resumed. If it is a young, active doe, the chase will be a long one; through the
speed and cunning of the doe the hound may be baffled, and having lost the trail the
tired and foot-sore dog returns to the starting place in search of his master. But if
it is a heavy buck, or if the deer has a swift, keen-scented hound after it, the game
will run to some stream or lake where, by swimming or wading along the shore,
“coasting” as it is called, it can throw the dog off the scent. Some hounds, however,
on following a trail to water will swim also, and after crossing the stream or pond
will, by working awhile, pick up the lost trail. The method of hunting called
hounding is based on this well-known trait of the deer, this instinct which prompts
it to seek the water when hard pressed by dogs.

‘The scent left by a deer on its track is caused for the most part, if not entirely,
by the presence of an interdigital gland in each foot, which emits a pungent, disagree-
able odor. It may seem strange that nature should endow an animal with a function
that would lead to its destruction ; but it must be remembered that the scent left by
these same glands enables the animals to find each other when the sexes intermingle,
and thus becomes an important agent in the reproduction and survival of the species.
Nature does not provide against artificial conditions, and the use of hounds is an
artifice of the hunter as well as his breech-loading rifle.

As before stated, a hound cannot catch a deer; that is, the kind of hound used
in the Adirondacks. Some of the opposition to the law permitting the use of hounds
is based on an idea that the dogs overtake the deer, spring upon the game, fasten
their teeth in its neck or body, pull it down to the ground, and there mangle and tear
the defenseless creature. This is all nonsense. The hound cannot catch the deer.
Sometimes a stag is brought to bay by several hounds; or, perhaps, allows them to
approach, preferring to fight with them. In such instances the dogs content them-
selves with barking at the deer, and taking care to keep out of reach of his antlers
and sharp hoofs. A few years ago there was a tame deer, a pet deer, in Olmstead-
ville, Essex county, which could whip any dog in the village, and it ran at large
through the town with perfect safety. Once, while catching a live doe in a lake and

holding it by a ‘“‘noose-pole,” I was surprised to see a hound, which suddenly made

FISHERIES, GAME AND FORESTS. 175

its appearance, attack the deer in the water and attemp to fasten its teeth in her
neck, but a rap on the head with an oar sent the cowardly brute swimming back to
shore. ,

In the early morning while the “ starters” with their hounds are climbing the hill-
sides in search of deer signs on which to start their dogs, the “watchers,” rifle in hand,
are on their way to their respective watch-points. These places may be on the bank
of some narrow stream; on the broad water of some river where a dam has made a
“flow”; or, on some projecting point of land that furnishes a broad outlook over a
lake or pond. If the hunter is to watch some narrow creek or river he selects a spot

where the deer are known to travel, a ““runway”’ as it is termed. Hunting at such

ae

ON LEWEY LAKE. PuHoro. R L,. BANKS, JR.

aspot is known as “runway” shooting, and is considered more sportsmanlike than
watching on a lake; for the swift running deer in crossing the narrow, shallow stream
affords an opportunity for only one or two shots. The hunter who is stationed on a
forest runway must be a quick, sure shot or he will lose his game.

But the sportsman who is watching on a lake or pond has a better opportunity.
When the distant barking of the hound is heard the hunter scans carefully the shores
of the lake, for he knows that the deer precedes the hound a long way. If the surface
of the lake is not ruffled too much by wind, a swimming deer can be seen a mile away

on account of the peculiar ‘““wake” which, like an inverted V, stretches far and wide
behind it.

170 REPORT OF THE COMMISSIONERS OF

If the deer takes to water near the watch-point, the hunter waits for the animal to
swim well out in the lake before making any movement which, by alarming it, might
cause it to turn and swim back to shore. When it is far enough out in the lake he
springs quickly into his boat and pulls toward it, steering his course so that he can
head it off in whatever direction it may take. A deer is a strong, fast swimmer, and
the oarsman must pull hard and quick to overtake one that has a good lead on the
start. When the deer finds that it is pursued it makes frantic plunges while swimming
in order to increase its speed, this plunging motion throwing the back and shoulders
well out of water. The hunter rowing to one side drops his oars and, firing at close
range, has no difficulty in killing the animal.

But often when a man has pulled the oars in a long, hard race after a fast swim-
ming deer, his arms are tired, and he is too exhausted with his exertions to take
accurate aim. Then several cartridges may be wasted before the fatal shot is fired ;
and, even then, the deer sometimes escapes unharmed. Some sportsmen employ
guides to row the boat for them, in which case they have nothing to do but sit quietly
in the stern of the boat and shoot the swimming deer at whatever range they
may choose.

Of late years many ladies visit the Adirondacks during the hounding season, and
some of them with the assistance of a guide and boat shoot deer that are driven into
the lake. In one season I saw five deer killed at different times by five ladies in
different localities; and last fall I saw a twelve-year old boy, assisted by his guide,
shoot a swimming deer in Meacham Lake. And yet, hounding is not as sure a thing
as many suppose. Not all the deer that are started run to water; and, of those that
do, a good share cross the water at some point unnoticed or unwatched; or, if seen, at
some place beyond rifle range. A surprisingly large proportion, also, escape through
poor marksmanship.

When the deer is killed it is towed ashore, if shot in the water, and dressed
immediately. The hound which has arrived by this time sniffs at the carcass ina
careless but satisfied manner, evincing no further interest in the game, but watching
anxiously for some piece of the inwards that may be thrown to him, generally the
liver, which the dog eagerly devours. The liver of a deer is not cooked and eaten in
camp, because it is apt to contain large numbers of loathsome parasitic creatures which
the guides call bloodsuckers. These ‘‘bloodsuckers”’ are seldom found in a deer’s
liver after the first of October.

The Adirondack hound is not a distinct breed, but is a variety of the foxhound,
which it resembles closely in appearance. The former runs by scent, with its nose
near the ground, and gives tongue continuously while on the track. Occasionally a

hound will run without uttering a sound, and it has been noticed that these ‘‘dummies”’

FISHERIES, GAME AND FORESTS. Wa Tf

drive a deer to water quicker than their noisy brethern. The Adirondack deer hound
has long, drooping ears, slender nose, and smooth tail. Its hair is generally short and
smooth. It weighs about 35 Ibs. as a general thing. It is of all colors, black and
tan predominating. There are also many white and liver; also gray and black.
Straight colors, white hounds and black hounds, are occasionally seen, but not often.
When crossed with beagles or collies good results are most always obtained. When
bred with a beagle a hound is obtained that will follow a deer for days, a trait which
has the disadvantage that these dogs are too often lost. When bred with the collie
increased intelligence is secured, a desirable point, for the average deerhound is a
stupid, uninteresting brute that would not be tolerated by a sportsman were it not for
the wonderful instinct and musical voice which renders it such an important adjunct
in hunting.

The third and remaining method in killing deer is by stalking or still-hunting,
which is permitted by law during the open season, from August 16th to November Ist.
This is deemed the most sportsmanlike and creditable method of deer hunting, because
the animal has a better chance for its life, and because the hunter, alone and unaided,
pits his skill and intelligence against the instinct and wary nature of the game.

Still-hunting is followed mostly in October, for then the deer are larger and fatter
than in the earlier part of the open season. This kind of hunting cannot be followed
later than October, after which the killing of deer is prohibited by law. A slight fall
of snow in which the deer tracks are plainly seen—the “tracking snow” of the hunter
—furnishes the best time and opportunity for still-hunting. But the open season no
longer includes November, and the still-hunter seldom gets a tracking snow in October.
The hunter uses a rifle in this sport, an accurate shot being necessary. He seldom has
the entire body of the animal in sight for a mark, the game being concealed by the
thick evergreen brush which, at the same time, helps to screen the hunter. He
generally has only a small part of the deer’s body in sight, perhaps a leg, or the neck,
or tail He may draw bead on the small spot in view, or, by making some calculation,
aim to one side of the exposed spot.

Still-hunting requires strength to withstand the fatigue caused by the long tramp
over the rocky hillsides, hardwood ridges, and through swamps filled with almost
impenetrable thickets of cedar and balsam. When the skillful hunter strikes a track
he seldom follows it direct, but going to one side travels in a circle, endeavoring thus
to locate the animal in its resting place. The utmost care, skill, judgment and keen
eyesight are necessary. A broken twig or careless footstep may alarm the deer.
A knowledge of woodcraft is also necessary in this wandering through a pathless
forest, or the hunter may lose his way and have to pass the night in the woods. A

keen eyesight must be exercised or the sportsman may not see his deer until too late.

178 REPORT OF THE COMMISSIONERS OF

Experienced still-hunters assert that a deer will watch the man from its place of
concealment, evincing no alarm or desire to run so long as he does not approach along
the track. For this reason the hunter when nearing his game will leave the track and
travel in a circle until the hiding place of the game is located.

There is also a kind of still-hunting which is practiced in the early part of the
season by sportsmen who lie in wait for day-light shots in the morning and evening.
For this purpose the hunter may sit in a boat, or may secrete himself on shore near
some water where the deer are wont to go at these hours. But this is not considered
as still-hunting in the ordinary meaning of the term. Some persons also use the term
erroneously when alluding to the jacking or floating done at night.

There is still another method of hunting called ‘crusting,’ which was practiced
several years ago during the winter season at times when the weather caused a strong
crust to form over a deep snow. The hunter, wearing snow shoes, could travel rapidly
over the crust, while the deer would break through at every bound, and thus, unable
to travel, it fell a sure victim to the rifle of his pursuer. But under the recent laws which
do not permit deer shooting in the winter months this questionable kind of hunting is
no longer followed except as it is done surreptitiously and illegally.

Hunting for market has ceased in Northern New York, owing to the present law
which forbids any person killing more than two deer during the open season, only one
of which can be transported out of the woods. The law provides further, that this one
deer when shipped must be accompanied by the owner; also, that venison killed in this
State shall not be offered for sale during the close season. The wisdom of this law
has been demonstrated in the cessation of pot hunting and in the remarkable increase
in the number of deer. t

The guides and residents, however, sell some venison each fall to the hotels and
neighbors. They receive trom fifteen to twenty-five dollars for a deer according to its
size. A buck’s head with large, well formed antlers brings from five to ten dollars.
After a head is bought it will cost fifteen dollars more for the taxidermist’s bill for
mounting it. The raw hides bring about two dollars each for large, prime skins.
When dressed and tanned they are made into gloves. Occasionally a deer’s skin is
made into a rug, but it is not well adapted to this purpose.

The opposition to deer hunting is due to mistaken sentiment, combined often with
ignorance of the facts. People who are vegetarians might consistently argue against
hunting. But there is something ridiculous in the action of some well-meaning people

““

who will declaim loudly and bitterly against the “wicked slaughter” of deer, and then
coolly stroll into the dining room and order lamb chops. With these people it is all
right for the butcher to draw a knife across the throat of Mary’s little lamb, but all

wrong for the hunter to put a bullet into a wild, untamed buck.

TYPES OF ADIRONDACK DEER HOUNDS.

FISHERIES, GAME AND FORESTS. 179

Now the Adirondack buck is far from being the gentle, interesting creature that
the sympathetic public has in mind. There is a buck in the State Deer Park that
tried to kill its keeper, a man who had cared for it, petted it, and fed it since it was a
fawn. The treacherous beast charged on the keeper, threw him down, and spiked him
three times, driving one of his horns six inches into the man’s body. The unfortunate
keeper who was laid up in bed for months from his wounds, would have been gored to
death had not a neighbor who was passing by heard his cries for help and, picking
up a club, drove the buck off. Three does where lost in this herd, dying from the
maltreatment of bucks. A few seasons ago in a private deer-park at Saranac
Lake, owned by Mr. Nathan Straus, of New York, a buck pushed a doe over and
disembowelled the defenseless animal with his horns. Similar instances of bucks
killing does are reported from other localities. While expressions of sympathy for the
fate of the tearful-eyed doe may be proper, any humane sentiment regarding a
buck is entirely misconceived. He is a vicious, treacherous brute that may be shot
without compunction whenever the law permits.

In collecting the statistics submitted herewith, the various correspondents, repre-
senting every minor locality in the Adirondacks, were requested to report also on the
number of deer found dead in their respective districts during the previous winter.
The large number thus reported, none of which had been killed or wounded, is a
matter requiring serious consideration. Mr. Wellington Kenwill, an intelligent and
reliable guide who keeps a hunter’s hotel at the Indian Clearing on the headwaters of
the South Branch of Moose River, reports ninety-three dead deer* found in that
particular locality. It is within a few years only that these stories of dead deer have
been heard. During the last two years an increased number have been reported, and
now information from the south part of St. Lawrence county indicates that a large
number died in that section during the winter of 1894-95. Various reasons and
theories have been advanced in explanation of this serious mortality among our largest
and best game.

There seems to be a general belief among the guides and hunters that the animals
die of starvation ; that, owing to the severe prolonged winter, the animals were unable
to find a proper supply of food, or were powerless to travel through the deep snow in
search of browse; that in the vicinity where these carcasses were found all the foliage
of the evergreens and buds of the hardwoods within reach had been entirely devoured;
and that the deer, under the protection of the Game Law, had increased so rapidly
within a few years that there was no longer a sufficient supply of food for them all

during the winter season. In opposition to this explanation it is argued by others that

* See Mr. Kenwill’s statement, page 229.

180 REPORT OF THE COMMISSIONERS OF

the Adirondack winter is no longer or more severe, and the snow no deeper, than in
Maine, Michigan, and Canada where no dead deer are found at this season; that the
winters in the Adirondacks are no worse than years ago when the deer wintered with-
out any noticeable loss of this character; and that at the same time and under the same
climatic conditions not one dead dear was observed in Essex county and other large
areas of Adirondack territory. Deer have been closely observed in the vicinity of
lumber camps, feeding on fallen tree tops, which were thin, weak, and sickly in appear-
ance, evidently suffering from some distemper; and it was noticed that these animals
died afterward although an abundance of hay and other food was purposely placed
within their reach.

It has also been suggested that this great mortality among the deer in winter may
be due to an epidemic, some kind of contagious distemper or epizootic. The deer
are a species of ruminants so closely allied to certain of our domestic animals that
there is nothing improbable in the idea that they may be affected with some cattle
disease similar to that which often kills our cows and sheep. In reply it has been
urged that the deer die only in winter, whereas, if they perished from some form of
cattle disease the epidemic would manifest itself at other seasons as well as in winter;
at least, its appearance would not be confined exclusively to that one season.

Another theory, suggested probably by the restricted territory within which the
deaths occurred, is that the deer have found there some noxious, deleterious weed,
or vegetable growth of a poisonous nature which they eat and which enfeebles them
so that they die from its effects. The local character of the epidemic is advanced as
warranting this idea. The indications of poison were so strong that it was broadly
hinted in those localities that some guides, enraged at their exclusion from certain
large preserves, had sought revenge by making salt-licks on which Paris green had
been sprinkled. There is no ground for the latter assumption, and it is an unwar-
ranted imputation on the good reputation of the guides. If the death of these
deer was caused by poison, it resulted from natural causes.

Still another theory has been advanced by intelligent, observant residents in the
forest—old experienced hunters—who assert that the deer which are found dead are
animals that were hounded too hard; that these deer became overheated in some long
race with the hounds, and then plunged into the cold waters of the lake to escape the
dogs: and that they thereby contracted lung disease or some other serious ailment
that either enfeebled them so that they were unable to withstand the winter, or else
induced some form of acute disease that was the direct cause of their death. But
this plausible and reasonable explanation is weakened by the fact that hounding is
followed everywhere in the Adirondacks, except in St. Lawrence county, while the

mortality is confined to a comparatively small territory.

FISHERIES, GAME AND FORESTS. 181

Without intending to argue both sides of this question or to propose any solution
myself, I have submitted the facts together with the various conflicting opinions,
because it is a matter which demands the attention of everyone interested in our

Adirondack game.

Namber of Deer Killed.

In obtaining and compiling the statistics showing the number of deer killed in
the Northern Forest of New York during the season of 1895, the utmost care
was exercised to prevent the same deer being included in different reports. To
obviate any such duplication the entire Adirondack wilderness was carefully divided
into districts for this purpose, each one having its distinct, clearly defined, and
well-known boundaries. As each correspondent made his return on a printed form
furnished him, which at the start defined his district exactly, beyond any chance of
mistake, there could be no possible reason for including deer that were killed in some
other or adjoining district; and as these blanks were mailed in each case to some
man who either resided in the district assigned to him or was there during the hunting
season, there was no necessity for his making up a report from bare rumor or hearsay.

The correspondent selected for each district was personally known to be fully
competent to make an estimate that would be substantially correct. One-third of
the Adirondack forest is owned and controlled by hunting clubs or held as private
preserves, the owners of which, through their game-keepers, have means of knowing
how many deer were killed on their property ; or, at least, that there were as many
killed as reported. At most of the clubhouses there is a book of record in which is
entered each deer killed, the date, location, weight and sex of the animal, and the name
of the person who killed it. It is evident, therefore, that the returns for the townships in
the private preserves were correct, or, at least, were not overstated. In many districts
reports were obtained from two or more correspondents from the same district in
order to guard against any possible exaggeration. Where there was any discrepancy
the lowest figures were used, not that there was reason for doubting the higher
estimate, but to avoid any possible over-statement, or a charge that the statistics
were those of an alarmist. While these figures may not include all the deer that
were killed there in 1895, they indicate beyond question that this number, at least,
were killed.

If anyone thinks that the aggregate is too great let him specify the particular
district from which, in his opinion, too large a number is reported, after which he is
respectfully referred to the correspondent whose name is given in connection with
each item, and who can undoubtedly furnish the facts and records to substantiate his

figures.

182 REPORT OF THE COMMISSIONERS OF

Having divided the entire territory into the necessary districts and selected a
competent citizen in each, a preliminary directory containing a description of each
district and the name of the resident correspondent alloted to it, was carefully
prepared. The following circular and blank report was then mailed to each
correspondent, together with a stamped and addressed envelope in which to return
the reply. Out of 248 designated correspondents, all except one sent in the desired

information. The text of the circular was as follows:

STATE OF NEW YORK.

COMMISSIONERS OF FISHERIES, GAME AND FORESTS.

Al bamiyauiNc Vise rca ewer eetees LS Ore

DEAR SIR:

This Department would like to ascertain as nearly as possible the total number of deer
that are killed annually in the Adirondack forests. Definite and reliable information on this
important point must be of great value to every hunter, sportsman or citizen interested in our
forests and the preservation of game.

With the intention of securing such information a copy of the enclosed statement in
blank has been mailed to some reliable, prominent man in each locality or township. It is
hoped that the intelligent estimates from these correspondents will enable us to lay before the
public the desired facts, together with other information that may be of assistance in future
legislation.

We would respectfully ask that you aid in this matter by filling out the enclosed report
for your own particular locality. A recapitulation of all the reports showing the total number
of deer killed in the Adirondack forests during the season of 1895, will appear in our annual
report for this year, a copy of which will be sent to you. We trust that your interests as a

sportsman and citizen will ensure a favorable and early reply.

The printed form which each correspondent was asked to fill out and return, and

which was used by each one in making his report, was as follows:

FISHERIES, GAME AND FORESTS. 183

Special report OF TPE Reece yc ote chc) chen aie mer meee ie tay? on number of deer

killed during the season of 1895, for the termtory including. ...................... 02005.

to

Oo

Io.

SEbistimated mumberor deenkilledunvthis termtonys s--i4 ae dece eee ose eee
SeNumbemikilledibyatoatinewon mi sht-huntingy nee sem. vacates ce cric ene
SeNumberkilledibyshoundin gies se) os ac cis 82 Orr otk ous Osa ireeee ec otcksacle Sue eee

meNumbereiedaby, still-huntingtonr/othenwise. =. ls. sss o0 cos ooch oeaeeke o ees

. Were there more or less deer killed this year than last in this territory? ............

How did the deer killed this season average in size as compared with previous

. Were any dead deer found in this locality last winter, and about how many? ......

How many deer in this particular territory are estimated as having been killed out

N. B.—After filling out the above report, please enclose it in the stamped and directed

envelope which is furnished herewith for that purpose, and return it within ten days.

The various reports having been received and collated by counties, they were

tabulated with the following results:

184

REPORT OF THE COMMISSIONERS OF

Namber of Deer Killed in 1395.

CLINTON COUNTY.

Territory Pier Hew he ae are Total Bucks Does Reported by
Upper Chateaugay Lake = 2 16 — 18 12 6 | W. P. Merrill
Chazy Lake — 7 | = 7 4 3 | Walter N. Thayer
Town of Altona — 3 | — 3 2 1 | Fred E. Purdy
Town of Ausable —_ 3 2 5 2 3 |S. E. Wolcott
Town of Black Brook — | 20 — 20 8 12 Hon. Geo. Chahoon
|
Town of Ellenburgh . 2 5 — 7 3 4 | Jno. Haughran
Town.of Peru . -— 2 6 8 5 3. | Frank L. Hunter
Town of Saranac . — 20 — 20 9 11 | Edmund J. Pickett
Total, Clinton Co. | 4 | 76 8 | s8* | 4s | 43
* Not including a live deer that was caught in Chazy Lake.
FULTON COUNTY.
Territory nae aes nee Total Bucks Does Reported by
Town of Caroga . — 20 3 23 12 11 | Joseph Sherman
Town of Stratford 3 8 —- II 8 3 | Frank Pierce
Bleecker and Mayfield 9 12 4 25 8 17 | E. J. Lobdell
|
Total, Fulton Co. . | 12 40 7 59 28 BIL

FISHERIES, GAME AND FORESTS.

ESSEX COUNTY.

185

| Night | sroune- | Still

Territory Hunting | ing. | Hunting Total | Bucks | Does Reported by
Twp. 11,* Lake Placid 4 24 II 39 21 18 | Hon. Geo. A. Stevens
Twp. 12, North Elba — 22 6 28 19 g | Chas. H. Wood
Twp. 25, Minerva — 9 — 9 5 4 | Thomas Powers
Twps. 27 and 28 7 10 16 5 31 16 15 | D. Moynehan
Twp. 26, Aiden Lair — | 17 — 17 8 9 | M. F. Cronin
Twp. 30 Boreas River 7 | 19 ras 26 IT 15 | David Hunter
Twp. 44, Boreas Ponds}; — 37 2 39 14 25 | George R. Finch
Twp. 49, Elk Lake I | 17 I 19 IO G |) Isls 12, Jones
Twp. 18, Chain Lakes II 44 i 3 58 28 30 ~=| Arvin Hutchins
Adirondack Preserve I 32 | 5 38 24 14 | Myron L. Buttles
Twp. 16, Indian Riveri) 2 26 = 28 16 12 | Robert Bibby
Ad’k Preserve Ass'n . — II = Il 7 4 | Robert Bibby, Supt.
Santanoni Park — mn || og 17 Ic 7 | Robert C. Pruyn
Putnam Preserve . 10 — 10 6 4 | Juhus Burres
Lewis & Elizabethtown — 21 2 23 18 5 | Chas. H. Palmer
Schroon River Valley || | — oil lt ieee | We, B Alecallhaeudeioe see neice:
Town of Keene a 13 re Wes 5 3 12 | W.S. Brown
Town of Schroon — 24 = 24 13 11 | Orin Harris
Town of Wilmington — 4 — 4 I Sanford Avery
Town of Chesterfield — 10 = | 2 7 Carlos Rowe
Town of Jay + 3 — | 3 3 — | Spencer G: Prine
Town of Moriah . — +o) | — | 10 4 6 | W. C. Witherbee
Town of Ticonderoga — Heer | img I 2 | D.S. Sharp
Town of Westport — 9) — 9 4 5 | Warren Pooler
Town of Willsborough — | 8 | bs | 8 5 | Edward Higby

Total, Essex County 36 | 406 | 44 | 486 | 255 231

* The township number indicates that the entire township is included in the report.

dack township contains from 25,000 to 30,000 acres.

+ Not including Santanoni Park.

t Not inciuding Adirondack Preserve Association.

|| That part only in town of North Hudson.

An Adiron-

It is different from and smaller than a town.

186 REPORT OF THE COMMISSIONERS OF

FRANKLIN COUNTY.

Territory | Munting sen areas z| Total | Bucks | Does Reported by
Meacham Lake 6 26 I 33 24 9) 4) ARTR® Buller.
Rainbow Lake I 23 — 24 4 20 | Jas. W. Wardner
Chateaugay Lake* — IS — 15 ie) 5 | Smith Kirby
Middle Saranac Lake 15 18 13 46 18 28 | Warren J. Slater
Lake Titus . — 15 —= 15 9 6 | Hal. D. Stevens
Indian Pond | — 28 — 28 7 2r | R.G. Low
Twp. 8,t Bellmont - . | 4 24 I 29 9 20 | Abraham Lester
Twps. 9 and 10, O.M.T. 4 45 I 50 28 22 | Jas. W. Littlejohn
Tiwps-9t te ; | 4 20 5 29 14 EG Wie ANynes
Twp. 8§ and E.% of 11} 2 17 I 20 9 11 | J. C. Shaw
Jno usp Rael ; 5 22 I 28 12 16 Cc. A. MacArthur
TADS, Re Soe ' epee 56 9 76 32 44 | W. J. Alfred
Twp. 14 and W. % of 11 9 37 8 54 25 29 | W. J. Alfred
Twps. 17 and 19, 20 14 12 46 22 24 | Chas. O. Dwight
Twp. 20 and S. &% of 21 2 37 I 40 26 14 | D. W. Riddle
Ips 2 es ( 5 20 — 25 20 5 | Phelps Smith
Twp. 24, Lower Saranac} 14 II I 26 7 1g | Jno. H. Miller
(wp 2st 8 28 6 42 19 23 | Eugene S. Bruce
Twps. 26 and 27’. 9 34 3 46 24 22 | Eugene S. Bruce
Twp. 22 18 31 4 53 21 32 | Martin Moody
Twp. 25 and E.% of 3tt| 28 47 13 88 46 42 | Ernest Johnson

Total, Franklin Co. 165 568 80 | 813 | 386 | 427

* The Lower Lake.

t Not including Lake Titus.

+ Not including Indian Pond.

§ Twp. 8 of Macomb’s Purchase.

4 Includes St. Regis Lakes, Osgood Pond, Big Clear, etc.
** Not including any of Middle Saranac Lake.

tt Includes all of Big Tupper Lake, Simons’, Jenkins’ and Long Ponds.

FISHERIES, GAME AND FORESTS.

HAMILTON COUNTY.

187

Territory Saas pes este g| Total Buck Does Reported by
Bog Lake Preserve . | 5 — 2 af 4 3 | Chas. A. Tatum
Wilmurt Lake Club. | 3 6 — 9 6 3 || Co lak Sian, Sexe
«© G ” Lake Preserve . I 5 — 6 3 3 |) Bis Aa \Wiatedote
Jerseyfield Preserve I 4 2 7 4 3 C. P. Williams
Lawrence Patent | B II — I4 10 4 Frank Pierce
Arthurboro Patent 2 35 10 47 24 230) Gael Rison
Benson Township 10 8 7 2 6 19) He Je cbdell
Oxbow Tract * 21 52 II 84 38 46 | Geo. H. Meade
Town of Hope — II — II 6 5 | Wiliam Harris
Fulton Chain t 4 5 I Bom. 5 15 | A. M. Church
Limekiln Lake 2 4 — 6 3 3 | Bo He Myers
Nehasane Tracts . — — BB, || Be 34 18 | Wm. Seward Webb
Twp. 2, and N. %
of Twp. 17 8 35 4 47 25 22 | Edwin Courtney
Twp. 3, Cedar Lakes,ete.. 17 68 II 96 RS 43 | Edwin Courtney
Twps. 7 and 33,
Cedar River | 28 32 — 60 24 36 | Carlos Hutchins
Twp. 8, Lewey Lake, etc. 3 20 I 24 13 11 | Jas. McCormic
Twp. 9, Elm Lake, etc. | 16 49 17 82 28 54 | Ed. F. Boehm
Twps. 10 and 29,
ierand) Ga abe 2 86 A legz 31 61 M. B. Hosley
Twp. 15andS.E. % of 32 2 31 = | 2s 17 16 | Hosea G. Locke
Twp. 17, Cedar River 8 45 | Sg 24. 31 | Oliver St. Marie
Twps. 19, 21; 22 & 50 ||| 25 40 10 75 49 26 | David G. Helms
Twp. 31, Cunjamuck 15 30 i 2 23 29 | Reuben Ross
Twps. 34 and 6 § 3 42 — | 45 27 18 | Henry Bradley
Twp. 32, Indian Lake**| 25 36 28 89 42 47 | D.E. Farrington
Twps. 35, 30 and 23ft 25 48 23 96 54 42 | Ernest H. Johnson
Twp. 39, Brandreth Lake 6 7 12 25 9 16 | Franklin Brandreth
Twp. 40, Raquette Lake) 38 45 6 89 30 59 | Chas. H.,Bennett
Twp. 4, M. R. T. and q. |
andi CaP.) 28 32 ail 60 15 45 | Wellington Kenwill
Total, Hamilton Co. 301 797 210 607 701

|1308

* Includes Piseco, Oxbow, Spy, Sheriff, and several small lakes; also a portion of Sacandaga

River.

+ Fifth, Sixth and Seventh Lakes only.
_ 4 Includes Lake Pleasant, Sacandaga, Fawn and Hamilton Lakes.
|| Over 90,000 acres; includes Long Lake and surrounding region.
§ Blue Mountain, Eagle, and Utowanna Lakes, Sargent Ponds, and Sumner Park.
* * Includes also Jessup River, Johnny Mack's Pond, etc.
+ | Over 85,000 acres ; includes Little Tupper, Round and Forked Lakes; Sutton Pond, Slim

Pond Chain, etc.
14

188

REPORT OF THE COMMISSIONERS OF

HERKIMER COUNTY.

Territory mine Sanat naane Total Bucks Does Reported by
Beaver River Club II 14 10 35 7 28 | M. H. Bullock, Supt.
Adirondack League
Club} — 18 7 25 22 3. | W. H. Boardman, Sec’y
Maple Lake Club. — 8 — 8 5 3. | Jno. Cummings, Sec’y
DeCamp Preserve,
Twp. 1| 24 33 9 66 25 41 | W.S. DeCamp
DeCamp Preserve, :
wpa 7). Sit 22 6 59 21 38 | E. E. Marks
Fulton Chain, S. %,
Twp: 8t| 30 55 13 Oe. 5 |) BS 63 | Alonzo Wood
Twp. 6, Brown’s Tract 29 30 15 74 | 318 56 | Henry F. Down
Twp. 5, E. 1-3 II 24 5 4o 19 21 | Fitz Greene Halleck
Twp. 8, N. %, Big
Moose { etc.,, 36 44 14 94 59 35 | Henry H. Covey
|
Nobleboro and Rem-
senburgh §} 25 47 2 74 34 40 | Edw. H. Talbot
|
Town of Salisbury 3 8 4 mg eg 8 | Geo. A. Marsh
Town of Ohio . 3 6 B 12 6 6 | E. E. Kelly
Town of Herkimer — — I I a 1) PAN srs smith!
Total, Herkimer Co. | 203 309 89 601 258 Ag ||

* Not including First and Second Lakes, Fulton Chain.
+ Includes First, Second, Third and Fourth Lakes, Fulton Chain; Moss, Safford and Cascade
Lakes; and First Lake, Moose River Chain.
t Includes Big Moose, Twitchell and Second Lake of Moose River Chain; also that part of
Twp. 41 in Herkimer county.

§ Includes, also, Vrooman’s Patent and N. E. % of Twp. 8, Moose River Tract.

FISHERIES, GAME AND FORESTS.

LEWIS COUNTY.

189

iresatory, ieee | ee maine Total | Bucks | Does Reported by
|
Twp. 3, Brown’s Tract | 18 65 II 94 40 54 Chas. Fenton
Twp. 4, ue ee rs a 30 45 22 23 Chas. Fenton
Town of Watson . | IO Peers || 46 22 24 George Norton
Town of Croghan . fi 19 6. || 38 | 17 18 | Wm. Hathaway
Town of Diana — 60 nei 9478 25 50 | Warren Humes
Town of Greig 7 25 | 8 | 40 | 15 25 James Lamont
Town of Lyonsdale . | 5 20 | 5 | 30 14 16 Scudder Todd
Town of New Bremen | 6 15 7 | 28 12 16 Wm. Hathaway
Lake Bonaparte I 15 4 | 20 9 rl William Humes
Total, Lewis Co. 69 | 246 | 08 | 473 | 176 | 237
* Hounding not permitted on this preserve. *
ONEIDA COUNTY.
Territory eae | ute EB tor Total | Bucks | Does Reported by
| | |
Town of Forestport eae mo |) | 40 | 12 28 Philip Studor

190

REPORT. OF THE COMMISSIONERS OF

(Hounding in this County is forbidden by law.)

ST. LAWRENCE COUNTY.

Territory cane as soul. | Total | Bucks | Does Reported by
Grasse River Club 22 — 3 2 7 18 | C. E. Brown
Granshue Club 7 — 9 4 5 | Geo. C. Lewis, Sec’y
Kildare Club 2 — 6 8 2 6 Henry Day
Inlet Club 3 = || zo 3g Allen Olmsted
Raquette Club 5 ames 9 4 5 H. L. Ives
Vilas Preserve * 28 Oe Gn 5 Dey || adh 29 E. A. Carpenter, Mgr.
Lone Star Preserve — = 3 I 2 Charles Heaton
Connell Preserve t 28 = 32 60 25 35 Cornelius Carter, Supt.
Smith’s Preserve 2 —= Il 13 4 Henry L. Smith
Cutting’s Preserve 5 — 2 7 | F. A. Cutting —
Keyes Park t 20 — | 15 BE) ai 24 | Jas. L. Humes, Supt.
Childwold Park 6 | — | 4 | 20 | 9 | x: | Wm. F. Ingold, Mer.
Ozonia Park 3 r | 10 14 6 8 | Fred. M. Heath
Twp. 3, W. %.4 30 — mE! | Ag 20 25 | Geo. A. Dukelow
Twp. 5, “Jamestown” 20 — | 28 48 22 26 | J. J. Sevey
Twp. 6, ‘“ Piercefield ” 20 — 47 67 18 49 Emery P. Gale
Twp. 2, “Oakham ” § 27 -- 13 40 16 24 | Geo. W. Sisson
Twp. 8, ‘“ Hollywood” 18 — Tl) (as 5 20 Henry Day
Twp. 10, “Clifton” . 15 — ge |) ae 5 15 | James L. Humes
Twp. 10, “Matildaville”| 3 | — p 8 4 4 | William Smith
Twp. 12 &S. &% of 9 5 —- 20 25 6 tg | Arch. Muir
Twps. 13, 14 and W. %
Olio a ee 18 — 27 45 26 1g | Byron McCollum
Sherwood and Hare- | |
wood ||| 55 — 37 g2 38 54 W. R. Bishop
Town of Clare 33 3 38 74 | 31 43 John Bird
Town of Edwards _- _- B 3 | I 2 Hon. Ira C. Miles
Town of Parishville 15 — IO 25 | 4 21 Royal Newton
Total, St. Lawrence Co.| 390 TA MW ST2. Nl To 299 | 477

* Hounding was done on the part in Franklin county.
+ In Township 15, ‘‘ Emilyville.”
t Includes Horseshoe and Long Ponds, Pleasant Lake, and a part of Bog River.

§ Includes Bog River Chain, Silver Lake Chain, Hitchin’s, Curtis’ and Scott’s Ponds, etc.
|| Cranberry Lake, part of Grasse River, Mud Lake, etc.

FISHERIES, GAME AND FORESTS.

SARATOGA COUNTY.

Territory | ENIERE = Boas nee | Total Bucks Does Reported by

Town of Corinth = 3 I 4 2 2 |W. A. TenEyck
Town of Edinburgh — — 2 2 I rt | Eli Edwards
Town of Day — 4 6 10 4 6 | Chas. L. Marcellus

Total, Saratoga Co. a | 7 9 16 7 9

WARREN COUNTY.
Territory | ne pee, menene Total Bucks Does Reported by
|

Twp.t3.* Land. €,P. | 14 72 8 94 32 62 | H. A. Maxam
Twp. 14, ss 2 23 15 2 40 17 23 | W. Hl. Roblee
Twp. 11, ‘s ss 7 2B 3 26 12 14 | Alvin Winslow
Town of Bolton mS 5 18 Il 7 ‘| Fred. W. Allen
Town of Caldwell —_— 3 —_ 3 I 2 | Wm. H. Burnett
Town of Chester — I I 2 I 1 | Andrew Thurston
Town of Hague — | 8 2 10 4 6 | Geo. H. Hooper
Town of Horicon — 5 I 6 3 3 | Scott Barton
Town of Stony Creek — 29 I 30 5 15 | Alvin Winslow
Town of Thurman 1 ere |) Me erer 12 24 16 8 | Alvin Winslow
Town of Warrensburg bees | — I I — 1 | A. H. Thomas

e

Total, Warren Co. . | 38 180 36 254 112 142

* Includes Thirteenth Pond, and part of the Sacandaga River, also, Botheration, Puffer, Our,

Second, and other ponds.

192

REPORT OF THE COMMISSIONERS OF

WASHINGTON COUNTY.

Territory Nene g ae ue Total Bucks Does Reported by
Town of Putnam — 6 2 8 4 4 |S. M. Prouty
Town of Dresden —_— 15 lo 25 12 13. | Geo. L. Clemons
Town of Fort Ann — 10 3 13 6 7 |S. M. Prouty
Total, Washington Co.) — 31 15 46 22 24
RECAPITULATION.
Counties ae Hounding Beaune Total Bucks Does
Clinton 4 76 8 88 45 43
Essex 36 406 44 486 255 231
Franklin 165 568 80 813 386 427
Fulton 12 40 7 59 28 31
Hamilton 301 197 210 1,308 607 701
Herkimer 203 309 ° 89 601 258 343
Lewis 69 246 g8 413 176 237
Oneida . I5 20 5 40 12 28
St. Lawrence . 390 14 372 776 299 477
Saratoga = 7 9 16 7 9
Washington — 31 15 46 22 24
Warren . 38 180 36 254 112 142
Totals, . 1,233 2,694 973 4,900 2,207 2,693

FISHERIES, GAME AND FORESTS. 193

Reports from the various correspondents indicate that in the following named

localities the

Deer are Increasing.

In Clinton County—In the towns of Saranac, Peru, Ausable, Schuyler Falls,
and around Chazy Lake.

In Essex County—In Townships 16 and 25 of the Totten and Crossfield Purchase,
and Township 12, Old Military Tract; in the towns of Keene, Schroon, Newcomb,
Crown Point, Lewis, Elizabethtown, Chesterfield, and North Elba; and in the vicinity
of Lakes Colden, Sanford, Elk, Catlin, Newcomb, and Placid, Preston and Boreas
Ponds, Chain Lakes, Boreas River, and Aiden Lair.

In Franklin County—In Townships 15, 16, 17, 19, 23, 26, and 27, of Macomb’s
Purchase; around the St. Regis, Meacham, and Saranac Lakes; in the vicinity of
Follensby, Ampersand, Quebec, Rice, Blue, and Willis Ponds; and near Brandon, the
Osgood River, and the Middle Branch of St. Regis River.

In Fulton County—In the town of Stratford.

Ln Hamilton County—In Townships 17, 23, 35, 36, 6, and 34, of the Totten and
Crossfield Purchase; in the vicinity of Raquette, Blue Mountain, Eagle, Eighth,
Shallow, Brandreth, Long, Grampus, Forked, Little Tupper, Indian, and Lewey Lakes;
the Slim Pond Chain; Sutton, Anthony, Sargent, and Siamese Ponds; the Cedar
Lakes and Lake Pleasant; and along the Marion, Cedar, Jessup, and Miami Rivers,
and Cunjamuck Creek.

In Herkimer County—In Townships 1, 5, and 7 of the John Brown Tract; and in

the vicinity of the upper waters of the Beaver River, Jock’s Lake, and Little Moose
Lake.

In Lewis County—In the immediate vicinity of Harrisville and Lake Bonaparte.

In St. Lawrence County—In the townships of Oakham, Harewood, Chaumont,
Bloomfield, Kildare, Hollywood, Jamestown, and Riversdale; on the Vilas Preserve,
and in the vicinity of Bog River, Grasse River, and Jordan Lake.

In Saratoga County—In the towns of Day and Edinburgh.

In Warren County—In Township 14, and in the towns of Bolton, Horicon, and
Luzerne.

194 REPORT OF THE COMMISSIONERS OF

In the following named localities the reports indicate that the

Deer are Decreasing.
In Essex County—In the town of Ticonderoga.

In Franklin County—In Townships 10, 11, 13, 14, 22, and 25 of Macomb’s Pur-
chase; in the vicinity of Big Tupper, Rainbow, Loon, and Ragged Lakes; the
Chateaugay Lakes and Lake Titus; De Bar; Simon, Jenkins, Plumadore, and
Ingraham Ponds; Franklin Falls, Everton, and Duane; and along Trout River, and
the east branch of the St. Regis River.

In Fulton County—I\n the towns of Bleecker and Caroga.

In Hamilton County—In the towns of Hope and Wells, Township 9 of the Totten
and Crossfield Purchase, and Townships 9 and 10 of the Moose River Tract; in Benson
Township and Arthurboro Patent ; around Limekiln Lake and the Sixth and Seventh
Lakes of the Fulton Chain; and in the vicinity of Piseco, Oxbow, Morehouse, Wilmurt
and Jerseyfield Lakes, and Sacandaga River.

In Herkimer County—In Townships 6 and 8, John Brown’s Tract, and the town of
Russia; in the Remsenburg and Vrooman’s Patent; in the vicinity of the Fulton
Chain and Big Moose Lakes.

In Lewis County—In the towns of Croghan, Greig, Watson, and Lyonsdale, and
Townships 2 and 4 of the John Brown Tract; and the vicinity of Beaver Lake, Otter
Lake, and the west branch of the Oswegatchie River.

In Oneida County—I\n the towns of Forestport, White Lake, and Woodhull Creek.

In St. Lawrence County—In the townships of Clare, Clifton and Emilyville.
In Warren County—In the towns of Hague and Thurman.
Many of the correspondents stated that the deer in their districts were neither

increasing nor decreasing.

Dead Deer.

Deer were reported as having died during the previous winter, and been found
in the following localities :

In Franklin County—In Townships 17 and 19 of Macomb’s Purchase, and in the
vicinity of Big Tupper Lake, Quebec Pond, Willis Pond, and the Cold River.

In Hamilton County—In Townships 37, 38, 42, and 43 of the Totten and Cross-
field Purchase; in Benson Township, and in the vicinity of Raquette, Brandreth,
Forked, and Little Tupper Lakes; and especially along the South Branch of the Moose

River near the Indian Clearing.

A GROUP OF DISTINGUISHED SPORTSMEN.

FISHERIES, GAME AND FORESTS. 195

In Herkimer County—In Townships 6, 7, and 8 of John Brown’s Tract; in the
vicinity of the Fulton Chain and Big Moose Lakes; and on the lands of the Adiron-
dack League Club in the Moose River Tract.

In Lewis County—In the towns of Croghan, Diana, and Greig; and around Otter
Lake and along the West Branch of the Oswegatchie.

In St. Lawrence County—tin the townships of Clare, Clifton, Emilyville, Chau-
mont, Bloomfield, Hollywood, Kildare, Matildaville, Parishville, and Wick; and along

the Oswegatchie and Raquette Rivers.

It would be interesting to know how many live deer there are in the great forests
of Northern New York. The question is frequently asked, and the probable number
has been a source of much discussion and difference of opinion. There is no possible
way of arriving definitely at the number, and it is doubtful if any computation could
be made that would at all approximate accuracy. Estimates have been made by
many who are familiar with the region and who are experienced in deer hunting.
These estimates vary all the way from five thousand to sixty thousand, which is not
surprising as none of them were based on the area of the region, without a knowledge
of which no intelligent calculation can be made.

It is not proposed to submit any estimate here on the total number of live deer in
the Adirondack forests, as any such conjecture is outside the province of this report.
But some figures and suggestions are respectfully offered which may be of assistance
to anyone who wants to arrive at some idea as to the number.

A good way to approach the problem would be to agree on the average number
of deer on some definite area, a hundred acres or so, and then divide the entire area
of the forests by this smaller one. The quarter section—160-acre lot—would make a
good unit for computation. It was used most in the allotment of Northern New
York, and as it is just one-half mile square its area is familiar to all and readily
comprehended.

Now, there are 3,588,803 acres of contiguous forest or wild land in the entire
Adirondack region, or the equivalent of 22,430 lots (160 acres), each one-half mile
square. For illustration, let it be supposed that there is one deer, on an average, for
each half mile square; not one on every such area, but one on the average. There
are many such areas on which there is not a single deer, while on others there are
several. But, if on an average there is one for each half-mile lot, then there would be
22,430 live deer in the Adirondacks; and, if they will average two to the half-mile
square, there must be 44,860, and so on.

With this system anyone can make a reasonable estimate if he has enough famil-

iarity with the frequency of deer tracks, the ease or difficulty of “starting” deer in

196 REPORT OF THE COMMISSIONERS OF

various localities, the number and size of the deer-yards, and other necessary knowl-
edge, to enable him to first form some clear, definite idea as to the average number
of deer per square mile or half-mile. Each man is free to make his own calculation,
but if the calculation is made intelligently it must be based on these factors.

Through the courtesy of the American and National Express Companies the num-
ber of deer shipped from each station was obtained, and the figures are submitted
herewith. I wish here to acknowledge the kindly and valuable assistance received
from Superintendent John L. Van Valkenburg, of the American, and Superintendent
T. M. Smith, of the National Express Companies. These gentlemen rendered every
assistance in their power to make the statistics relating to the number of deer
shipped as accurate as possible, and secured detailed statements from each agent on

their lines within the territory from which any shipment might possibly be made.

Carcasses of Deer Shipped from the Adirondack Region

Daring the Season of 1395.

STATION. RAILROAD. NUMBER
Benson Mines b p : Carthage & Adirondack 5 : ‘ : o 5) BS
Harrisville : 9 ; ; as a 5 4 é 0 ; 18
Jayville : : : : i 5 5 6 é : 2
Natural Bridge : é 0 sf ; é é 0 5 I
North Croghan . 6 : és : : o : : I
Oswegatchie . , : : i 6 0 g : : : 16
Gloversville ; : ; Fonda, Johnstown & Gloversville ; : 4 4
Northville : : : 6 5 i s : ; : 87
Edwards : y : ‘ Gouverneur & Edwards : é 6 é ; 3
Dolgeville ‘ : : . Little Falls & Dolgeville
Beaver River : ; 4 Adirondack Division, N. Y. C. . ; 0 0 80
Big Moose : ; ; 3 Gs ss és ; é ; ; Dit
Childwold . : , : us se g , : ; saa
Clearwater a € ee 3
Forestport . A : : és és i 6 : : Bina rie)
Fulton Chain, . : : : fs sé Ye 6 ; 5 : 95
Horseshoe Pond . 6 0 sé s as : : : EZ O
Lake Clear Junction : 0 a! a3 ub : 6 6 0 2
Lake Kushaqua_ . : ; ce OG a : I
Little Rapids . : ¢ : cs ss ; : : 0 4

_ Loon Lake . : : A se G a 3

Forward, 394

STATION.

McKeever
Minnehaha
Nehasane

Newport

Otter Lake

Owl's Head .

Paul Smith’s

Poland .

Rainbow Lake
Saranac Inn .
Saranac Lake

Section No. 19
Tupper Lake Junction
Walker's Camp
White Lake Corners .
Wood’s Lake,

Bay Pond

Black Rapids Junction .

Brandon .
Childwold
Madawaska

St. Regis Falls
Santa Clara
Spring Cove
Tupper Lake
Willis Pond
Canton . ‘
De Kalb Junctio
Potsdam .
Watertown
Alder Creek
Boonville
Carthage
Castorland
Glendale
Lowyille

Lyon’s Falls

FISHERIES, GAME AND FORESTS.

Adirondack Division, N. Y. C.

RAILROAD.

197

NUMBER.
Brought forward, 394

53

DAnwntr DO ADAWWwW WOW

=]
cal

Nw DA wow

Forward, 660

198 REPORT OF THE COMMISSIONERS OF

STATION, RAILROAD. NUMBER,

Brought forward, 660

Port Leyden : : . Utica and Black River . : : 9 : 6 2
Prospect . ‘ : : 6 se ; 6 j : 0 15
Remsen : é : ; fe fe : : 6 : c sing 9
Malone . 5 : : . Ogdensburg & Lake Champlain : . 6 3
North Creek ; : ¢ Adirondack Division, D. & H. 6 ; ; 0 HRA
Riverside i : 5 § fs ay oe : : . 6 7
Stony Creek . : ‘ j ss Me Sees : . : 5 | i
Thurman. c : : es ‘e tf : 0 c : I
Caldwell : : : i Delaware & Hudson ; : 3 : 0 I
Keeseville : : 0 é <S i : : ¢ 5 : I
Port Henry . : : . os 4 : : : 0 : oH

Total . : : . : c : 0 : 0 9 : : 874

As only 874 deer were shipped out of the region, the estimate of 4,900 killed
may seem too high. But the reason for this disparity in figures is evident to all who
are familiar with the facts. A very large proportion of the deer killed are slaughtered
by the residents and consumed by them for food, venison being a staple article of
diet during the ten weeks of the hunting season. The hotels and boarding-houses
in the Adirondacks also buy a large number of deer, while in each camp the hunters
subsist chiefly on venison. A large number of carcasses spoil during August and
September, and are thrown away. Then, again, a large share of the deer are killed
by persons who reside on or near the outskirts of the forest, and who carry out their
venison in wagons. The farming regions along the borders of the wilderness are
largely supplied in this way.

A party from Glens Falls killed thirty-seven deer at the Boreas Ponds, in Township
Forty-four, Essex county, but none of these carcasses were shipped by rail. All of
them, except those eaten in camp, were taken out of the woods in wagons during
the latter part of the hunting season. On each of the many roads radiating from
the forest, in every county, wagons going out with venison may be seen daily.
These deer of course do not appear in the shipments by rail.

Of the thirty-three deer killed at Meacham Lake only three were taken to the
railroad, and in many other localities the number shipped by rail bore an equally
small proportion to the number killed, the greater part being consumed in the locality,

or carried out by wagons, or wasted, or spoiled by warm weather.

FISHERIES, GAME AND FORESTS. 199

The statistics obtained from the express companies furnish definite and valuable
information as to the size of the Adirondack deer; for the dressed weight of each
animal was given in the shipping bills, duplicates of which were also kindly
submitted.

Having the dressed weight, the live weight may be estimated with approximate
accuracy by adding one-fourth to the dressed weight. This rule was established
after long continued tests, repeated yearly in different localities. A party of hunters
from Albany who have hunted at Lewey Lake, Hamilton county, each season for
many years, instituted a series of tests to determine this point. A large steel-yard
was purchased in Albany for this purpose, and taken to the lake. When a deer was
killed the body was taken to the boat-house, where the steel-yard was kept, and
weighed before dressing it. The carcass was then dressed, after which it was weighed
again and the weight was duly recorded. It was found that, on the average, the
body of the deer lost just one-fifth in dressing; that is, in taking out the entrails,
heart, liver and lungs, the head, hide, legs and feet being left on the body. Similar
experiments with like results were made by the Adirondack Preserve Association and in
other localities. Hence the rule: Add one-fourth to the dressed weight and the
result will be the live weight; or, deduct one-fifth from the live weight and the
result will show what the deer will weigh when dressed.

A variation of a few pounds will occasionally occur in individual cases, when, for
instance, a deer is very fat or very lean; but the rule will hold good on the average,
and in all cases will approximate accuracy close enough for practical purposes.

Oi the 675 deer shipped by the American Express Company, eleven weighed
over 200 lbs. The two largest ones which were shipped from Spring Cove,
Franklin county, weighed 228 and 221 lbs., dressed. According to the rule just
quoted the live weight of these animals was 285 and 271 lbs., respectively ;
perhaps more, for the carcasses “dry out” considerably between the time they are
dressed and the time they are delivered at the station for shipment, in which case
these deer may have weighed nearly 300 pounds, live weight.

From the returns furnished by the National Express Company, it appears that
Mr. S. Van Deusen, of West Stony Creek, killed a deer that weighed 236 lbs.,
dressed; and that Mr. W. P. Moore, of Glens Falls, N. Y., killed one that weighed
235 lbs., dressed; and that Mr. Abel Crook, of New York city, killed a buck at
Aiden Lair, Essex county, that weighed 242 lbs., dressed. The live weight of
these deer, as estimated under the rule, was, respectively, 295, 293 and 302 lbs.
They were probably somewhat heavier than these figures indicate, for the carcasses
must have dried out some before they were weighed by the express agent at the

railway station.

200 REPORT OF THE COMMISSIONERS OF

These figures do not necessarily indicate the maximum weights of the deer killed
in 1895, for some large bucks were shot which were not taken out of the woods, the
hunter shipping the head only ; or perhaps a small saddle of venison, the rest of the
animal being eaten in camp.

But the average dressed weight of 562 deer shipped by the American Express
Company, as determined by the weights given on the duplicate shipping bills, was
only 109 1-5 lbs., which would indicate that these 562 deer weighed on an average
only 136% Ibs., live weight. This is not a very good showing for our Adirondack
deer as to size; and, owing to certain causes, is not a fair one. The figures include
too many small deer and nursing does that, owing to our stupid deer law, are killed in
August and September when they were thin and poor and largely under weight.

No other State, or Canadian Province, permits the killing of deer in these months.
It was reserved for New York to frame a law based on personal interests instead of
the dictates of humanity and the ethics of sport.

Under a proper game law the Adirondack deer would attain a size unsurpassed by
its species anywhere on the continent. That they do attain a great size, despite this
lack of protection, is evident to all who have made observations in the matter. Bucks
weighing over 300 pounds are killed each season, and occasionally some extraordinary
specimens are shot.

In 1877, at Meacham Lake, Franklin county, a very large buck was shot by Mr.
John T. Denny, of No. 17 West 52d Street, New York. This animal weighed 286 lbs.
dressed, or 357 lbs. live weight, as estimated.

Mr. Albert H. Thomas, of ‘Warrensburg, N. Y., late county treasurer of Warren
county, states that he killed a buck several years ago, in Township Sixteen, Essex
county, which was the largest one he ever saw; that after taking it home its dressed
weight was 299% lbs. as it lay on the scales in his store at Warrensburg; and that
it lay there on the scales all day, during which there was a steady stream of visitors
to see the ‘‘ big buck,” many of whom distinctly remember the incident.

In the Glens Falls Morning Star, of October 12, 1890, Mr. James M. Patterson, of
West Stony Creek, N. Y., writes as follows :

“‘T have seen accounts published in your paper this year of large deer; but I think
that yesterday Henry Ordway killed the king of all bucks. The following weight and
measurements are correct, as I made them myself, and other parties here can vouch
for them:

“Weight before being dressed, 388 Ibs.; height over withers, 4 feet 3 inches.
There are nine prongs on one antler and ten on the other. Length of antlers, 32
inches; distance between antlers, 261% inches; length from tip of nose to tip of tail,
g feet 7 inches. The Lake House, of which Oscar W. Ordway, father of Henry

FISHERIES, GAME AND FORESTS. 201

Ordway, is proprietor, is within two miles of Mud Lake, where deer are thicker than
in any other spot in the Adirondacks. Thirteen deer have been killed the past week,
and all within two miles of the house.”

Mr. A. N. Cheney adds: ‘I have talked with Mr. Patterson, who is a brother of
ex-District-Attorney Patterson, of Warren county, since his letter was printed, and he’
added, to the figures given, that the deer measured 37 inches around the neck, back of
the head, and that the longest spike on one beam was 13 inches. The buck had been
seen on several occasions during two or more years before it was killed, and several
sportsmen had made special efforts to kill it. It appeared to have no fear of dogs that
were put on its track, and on one occasion attacked and drove off two hounds that
were on its trail.”

Andrew Rogers, of Malone, N. Y., killed in 1889, a buck that weighed 306 lbs.,
four hours after it was shot. This buck was killed on Deer River, in the town of
Duane, Franklin county. It was of the kind known as a “‘short-legged” buck. It
was weighed at Schroeder’s hop kiln on common platform scales.

Mrs. R. W. Smith, 102 West 116th Street, New York, in September, 1889, killed a
buck at Meacham Lake, Franklin county, that weighed 310% lbs. live weight. The
guide’s name was Joseph Lavature.

Charles Rexford, of Malone, N. Y., recently killed a buck at Indian Lake, Franklin
county, that weighed 244 lbs. dressed.

Mr. Warren S. Potter, of Glens Falls, N. Y., shot a buck recently near Thirteenth
Pond, Warren county, that weighed 318 lbs. dressed. The weight of this remarkably
large deer was well attested by several reliable and experienced hunters who saw the
deer weighed.

Mr. Weston Finch, of Glens Falls, N. Y., shot a buck near the Boreas Pond, Essex
county, that weighed 252 lbs. dressed.

In discussing the size of deer in the Northwest, Judge Caton* says :

“The largest common deer of which I have any authentic account was killed in
Michigan, and weighed before he was dressed, 246 pounds. But such specimens are
rarely met with. It is much more common to meet adults that will not exceed 80
pounds in weight, and the average weight may be set down at not more than 100
pounds. The gwesses of hunters often give much larger weights.

“Tn the fall of 1876, I shot a buck in northeastern Wisconsin, which was judged by
several experienced hunters to weigh nearly 250 pounds. Four of our Indians came

from camp, but would not undertake to carry him in (not more than a third of a mile),

*The Antelope and Deer of America, by John Dean Caton, LL.D., New York, Forest and
Stream Publishing Company, Second Edition, 1881.

202 REPORT OF THE COMMISSIONERS OF

although we were very anxious to have it done. They dressed him on the spot and
made four loads of him. The chief Indian remarked that one might hunt a lifetime
and not see such a deer as that.”

The foregoing extract indicates that the deer in Michigan and Wisconsin are not

as large as the Adirondack deer.

The Catskill Deer Park.

I take the opportunity to include in this report some brief mention of the Catskill
Deer Park, at Slide Mountain in Ulster county, and matters relating to it. In July
last (1895), in company with Mr. Davis, the President of the Commission, I went to
the deer park and instructed the keeper to let the deer loose. As near as we could
count, forty-five deer were turned loose into the forest. One old buck, a vicious
beast that tried to kill its keeper, was retained and left in the little enclosure where
he has been penned by himself for a long time. This buck was not liberated because
he was liable to attack any man, woman or child that he might meet on the road.
As he was old and had outlasted his usefulness, the keeper was instructed to shoot
him, and save further expense in keeping and feeding.

These deer were liberated because the herd was not increas-
ing as was expected. It was evident that they would breed
more freely if allowed to roam at large; and as the primary
object in maintaining the herd was the restocking of the
Catskill forest with deer, it was thought that the end would be
sooner and better attained by turning them loose. The park,
which is less than half a mile square, did not furnish enough

food for so many, every bit of arboreal food within reach

having been browsed until not a leaf or twig remained, and

Abnormal Development of
Prongs.*

the herd could be maintained only by purchasing grain and _
hay for them. The deer when liberated soon disappeared in the forest, where,
according to all accounts, they have become strong and vigorous. Some strayed
beyond the limits of the Catskill regions and made their appearance in adjoining
counties. Three were killed in Chenango, and one in Albany county, there being
no law protecting deer in those counties.

The original intention in establishing this deer park was to restock the Catskill
forests with deer by maintaining a herd in the park and turning out annually the
increase. The experiment was not satisfactory owing to the comparatively small
size of the enclosure, and the consequent expense of purchasing food for the animals.
The park, however, can be utilized by using it as a place of temporary detention for

* There were forty-two prongs or ‘‘ points” on these antlers, twenty-two on cne horn and twenty on
theother. This deer was killed near Paul Smith’s, Franklin County, N. Y.

FISHERIES, GAME AND FORESTS. 203

deer which are caught in the Adirondacks, in the fall, and shipped there to winter in
the enclosure. Deer caught and shipped there in the fall should be wintered and fed
in the park, and then turned loose in the spring as soon as the buds and first leaves
appear. To turn them loose in the fall in a strange place with winter coming on
would not give them a fair chance. But when turned loose there in the spring, they
have the entire summer and next fall in which to roam the forest and acquaint them-
selves with desirable localities in which to yard or protect themselves during the
ensuing winter.

In order to give the Catskill experiment a fair test more deer should be procured
each fall and taken there. Deer can be caught in the Adirondacks, put in crates, and
shipped there without any trouble or loss. This has been done already. We have
passed that stage of the experiment successfully. Deer can be caught alive in the
Adirondacks at a cost of about $20 per head. The expense for guides, dogs, boats,
and board of the foresters, will make the cost about that sum. It might, perhaps, be
done for less. It need not cost more, for the guides will furnish as many as are needed
for $20 each, properly crated and delivered at the railroad.

Only a few years ago the deer had become extinct in Vermont. <A herd was
obtained and turned loose there, and now the deer are so plentiful in Vermont that
the farmers are complaining that the animals are encroaching on their crops.

The Catskill forests can be restocked with deer at a comparatively small expense.
Within seven years those woods can be filled so thickly with this noble game that
everyone will applaud the wisdom of the experiment. But to do this there should be
at least 150 more deer brought down from the Adirondacks and turned loose there,
and the Legislature should provide, through an item in the Supply Bill, for the cost
of this work. It is absurd to go on year after year voting such large sums of money
for the propagation of fish and neglecting to provide for the maintenance of this noble
game and valuable factor in our food supply. ;

The Adirondack and Catskill forests do not include all the deer of the State of
New York. It will undoubtedly interest many to learn that on Long Island, in Suffolk
county, within sixty miles of our great metropolis, there is a large area of woodlands
in which wild deer are abundant. In proportion to the territory, they are as plentiful
as in the Adirondacks, and they will also compare favorably as to size, appearance and
quality of venison. They have increased in numbers during late years, owing to the
protection afforded by our game laws. The open season on Long Island differs from
that of the rest of the State, a special law having been enacted for this particular
region. Part of this territory is owned or controlled by clubs and individuals, but

enough of it is open to the public to permit the killing of over two hundred deer
each season.

15

204 REPORT OF THE COMMISSIONERS OF

Appended to this report I have the honor to submit a digest of the opinions of
many prominent citizens, sportsmen, guides, hunters, and residents of the Adirondacks
in relation to that part of the Game Law which provides for the protection of deer. On
the blank forms sent out to the correspondents who furnished the statistics for the
number of deer killed, a request was inserted in each that the correspondent should
give his opinion as to what change would be desirable in the law, together with such

information regarding the Adirondack deer as he might be able to impart.

WILLIAM F. Fox,
Superintendent of Forests.

Digest of Reports and Opinions Relating to the Adirondack

Deer and to the Laws for their Protection. 2

Dr. Samuel B. Ward, Albany, N. Y., President Upper Saranac Association.—There
has been no change, of any importance, in the deer law during the past eight years;
and I think there is no doubt in the minds of unprejudiced persons, who are in a posi-
tion to know of their personal knowledge the facts in the case, that during that time
the number of deer in the Adirondacks has increased. It would not, therefore, seem
necessary to make the law any more stringent. On the other hand, I do not
believe that it would be safe or wise to advocate any relaxation in the stringency of
the law.

My experience with the game laws—and I have had quite a little—is very strongly
on the side of letting well enough alone. In other words, I would advise making no

effort to get any change.

Dr. William Seward Webb, New York City, (Proprietor Nehasane Park, Herkimer
and Hamilton Counties, N. Y.\—\f hounding were prohibited entirely it would do more
to save the deer than almost any other arrangement. Very few deer, comparatively,
are killed still-hunting, particularly after the middle of September. It is only when
the deer are changing their coats and are coming to water, in the latter part of August
and first part of September, that many are killed in that way.

I have talked with quite a number of prominent sportsmen here in New York, and

they all think that the close season should be extended, if possible, to the 15th of Sep-

ANTLERS IN THE VELVET.
Courtesy of Dr. Samuel B. Ward.

FISHERIES, GAME AND FORESTS. 205

tember. I agree with this, but doubt if such a measure would be sufficiently popular
with the general public to secure its adoption, and that we would have a great deal of
difficulty not only in passing it, but in enforcing it afterwards. I would, therefore,
favor a modification of this proposition—say until the 7th of September. By that
time the deer would certainly have changed their coats, and their horns would be out
of the velvet.

The hotel people in the Adirondacks, a number of years ago, were opposed to any
extension of the close season, for the reason that they feared it would hurt their busi-
ness; but I think they are now convinced that there will be enough pleasure-seekers
going to the mountains during the warm months, for health and change of air, to keep
the hotels full, whether there is any deer-hunting or not; and that after this class of
people go, the hotels will then fill up with people coming there for sport. For this
reason | think the hotel interests would now favor an extension of the open season to
November 15th, and would not oppose an extension of the closed season to September
Ist or 7th.

The law prohibiting the shipping of deer by express has done more, in my opinion,
to save the deer than almost anything else, as it has largely stopped the shipping of
deer to market. I think we should try to enforce this law a little more stringently, as
I understand that last year a number of deer were shipped by express when the owner
was supposed to be on the same train, but as a matter of fact was not. I would favor
a law absolutely prohibiting express companies from transporting deer at all; if a man
wants to take a deer out let him take it as a part of his baggage, in the baggage-cat.

I do not think that a close season for two or three years would be advisable,
although it might be well, in lieu of that, to pass a law that no deer should be shipped
or taken out of the Adirondacks for two years. This would protect the deer, and I
am inclined to think it would be a very good provision. I know that, for my part,
although I own a large amount of land there, I would be perfectly willing to agree

that no deer should be taken or shipped out of my park for two years.

Mr. Ernest Hl. Johnson, Tupper Lake, Franklin County, N. Y., (Guide.)\—Stop the
hunting and fishing (out of season) for market, and pass an. act making it unlawful to
buy or offer for sale any venison in the Adirondacks. It is not the deer and fish
caught by sportsmen and tourists that are exterminating them; but those that are
taken out of season by pot-hunters and sold to the hotels.

I think one-half of the deer throughout the northern forest of Hamilton’ county
died last winter, owing to the deep snow and severe weather. I found a great many
that died in April after the snow was nearly all gone. I would urge that the sale of

venison within the boundaries of the State Park be prohibited.

206 REPORT OF THE COMMISSIONERS OF

Mr. Robert C. Pruyn, Albany, N. Y., (President Commercial Bank, and Proprietor
Santanont Park in Essex County.)—I am inclined to believe that the greatest destruc-
tion of deer comes from the continuous killing, in and out of season, by the permanent
residents.

I think that the prohibition of killing does would do us good, and that floating at
night should be prohibited. Perhaps the best law would be to prohibit killing deer in
the water, in which case hounding would be unobjectionable. This law, also, would
be the easiest to enforce.

In our neighborhood I believe that the deer are steadily increasing in number. A
difficulty is here presented that the laws necessary for open lands are not necessary for

private preserves.

Mr. Ferd. W. Chase, Loon Lake, Franklin County, N. Y., (Proprietor Loon Lake
House.) —The sentiment in this vicinity toward the preservation of wild deer is that
there must be protection for them at once, or we will soon have none to protect. I
know that the majority of our people in Franklin, the town in which I reside, voice
me in saying, ‘‘ Enact a law that will do away with hounding, jacking and still-hunting
foraterm of years.” This may, to you, seem strong. But since the two railroads
have been built in and through the heart of the woods it has been very easy for sports-
men to reach the game, while pot-hunters from the outside towns, also from across
Lake Champlain, in Vermont, have overrun us. These people are half-guides, and
own dogs. They come here at the last moment to prey on the game that we aim to
protect.

In many places hotel guests are already gone, houses closed, legitimate guides at
home, none receiving employment from these people. The average guide now admits
that a deer’s track to him, when the pleasure season is On, is worth more than a car-
cass. I have lived here eighteen years; have seen the people who are my neighbors
and acquaintances become educated up to the fact that wild deer are valuable as an
attraction to this, the Adirondacks. They are a feature. In proof of this we have a
small herd of nine in a small park of five acres. Parties come ten to twenty miles
from other hotels to see the deer. Now if the law is not soon changed all the deer to
be seen will be those so held.

All the game protectors can do aids but little; they have too much territory to

look after ; no one finds fault with them; they are doing all they can.

Capt. Chauncey P. Wilhams, Albany, N. Y., (Proprietor of Jerseyfield Preserve,
Hamulton County.)—Make hounding at any time illegal; it is the only way to preserve
the deer in the Adirondacks. The entire prevention of deer hunting for two years at

least, would have an advantageous effect.

FISHERIES, GAME AND FORESTS. 207

Unless some change is made in the law, the deer in the Adirondacks will soon go

the way of the Indian and buffalo.

Mr. Alonzo Wood, Old Forge, Herkimer Co., N. Y., (Felton Chain Guide.) —The best
change that could be made in the law would be to prohibit the killing of any deer
until September 1st. Allow one month’s hounding as at present. Stop all floating

with jack, and make the season fifteen days later.

Mr. George Norton, Chase's Lake, Lewts Co.,°N. Y., (Guide and Hotel-keeper at
Stony Pond.)—Deer should be better protected during the months of January, February
and March. All through the Adirondack forests but very few deer will die from
starvation or hard winters, if allowed to remain in their yards unmolested by “‘crusters.”
Nature has provided sufficient food and a heavy coat adapted to their wants. The old
reports of deer dying from cold and hunger is all bosh. Put men into the forest that
will look after them during the months mentioned, and look after the lumber camps
and “‘crusters,’ and the deer will increase in numbers. It is not what are killed during
the open season, but in the winter season. Teach men to obey the law as it now
exists, and it will be good enough for all the sports.

In my section there are scores of streams and ponds that are well inhabited by
deer. Along the Independence River deer hounding is carried on quite extensively,
and this is one reason for the large number being killed there during the hounding
season.

But we take into consideration that all along these streams there are thousands of
acres of forest land where hounding is not carried on to any extent, and where the
deer breed and rear their young unmolested by any one. My ideais that if. deer are
all killed off in certain districts during the open season, they will close in from more
remote places, providing it is natural deer ground.

I do not believe in stopping either hounding or floating altogether, simply for this
reason: the true and legitimate sporting man that takes his vacation annually from the
cities and towns will have no chance to kill a deer himself, while the lumberman and
pot hunter will alway get his share of all kinds of game, regardless of law or anyone.
Then why should we fix the law so that the better class of men cannot kill one. Then,
again, the continual fighting over the game law causes wealthy people to buy up
whole townships and put them into private parks, thereby shutting up our forest com-
pletely from the public. The lumberman or pot hunter thinks that every change
made in the law is done by the wealthy people; and naturally they resist the change

and keep up a continual slaughter at all seasons of the year.

Dr. E. A. Carpenter, Cambridge, Mass,, (Manager of the Vilas Game and Fish
. Preserve, St. Lawrence and Franklin Counties, N. Y.)—In discussing the question of

208 REPORT OF THE COMMISSIONERS OF

the best methods of hunting, preserving the deer, and the laws that should be made to
govern the same, each one seems to argue from his standpoint alone; and, therefore,
the confusion of opinions from men whose experience should give their views great
weight.

The hotel men and professional guides advocate hounding; for the average city

hunter insists on dogs as furnishing the most comfortable and exciting hunting. The

“ac )

local hunter prefers to “float,” or hunt with the ‘“ jacks,” as this can be done alone or
with a single companion, and does not require an expert shot. The rifle expert,
thoroughbred hunter, and one to whom time is no object, advocates the “still hunt.”

Each strives to have the laws made to favor his views and preferences, giving no
thought of the needs and rights of the others. They make exaggerated statements of
the evils of all other methods but their own, and claim that the other vicious ways
are surely exterminating the deer.

The laws should consider the rights of a// these classes. The man with a ten-day
vacation, and the one who can spend three months; the man who lives in New York
City, and the frontiersman; the man who can only hope to kill his deer with a shot-
gun at fifty yards, and the one who can clip the head of a partridge at one hundred
yards with a rifle.

The ‘great slaughter’’ of deer that each class insists that the others are guilty
of is a kumbug, and can be seen only by looking from their hill of self-interest. Many
deer are killed by hounding and two-thirds of the deer killed are shot during that
season ; but hounding is generally done with parties of two to five guns, and the
number of deer slain per gun will not exceed that by the other methods.

It is easier to kill a deer “ jacking,” but it must be amoonless night. If on a lake,
the wind must not be too high; the direction of the wind will cut down the field one-
half frequently ; the wind and rain will prevent hearing the deer on shore and in the
water; unfavorable weather will prevent the deer from coming to water; obstructions
in the water, sand bars, lily pads, etc., interfere with the stillness of the progress of the
boat; and finally your paddler must be strong and expert. Nothing requires so many
favorable conditions to make the hunt a success, as ‘‘ jacking.” Seldom will more than
five days in thirty be found favorable.

If each of the three methods mentioned were analyzed we would find that each had
its advantages and drawbacks: each method suits, and is necessary to, a large class of
persons who have an equal right to enjoy hunting.

Coming to the study of the question without any previous experience or prejudice,
and having but one object, the preservation and increase of deer on our preserve, I
have carefully watched and studied the effect of the several methods, discussed the

matter with hunters and guides, and decided several years ago that, as the preserve had

FISHERIES, GAME AND FORESTS. 209

now become accessible through the opening up of the country, five years of hounding
would destroy the abundance of game and reduce it to the condition of the outlying
country. The deer would be made wild and be driven to more remote and sheltering
districts. This has been the effect on the neighboring townships that six years ago
were as well stocked as our own; but to-day are covered with hounds in the season,
and will now bear no comparison with our own.

I do not think that in hounding there are more deer killed per gun, but the deer
are driven away from the richest and most accessible feeding grounds into condi-
tions unfavorable for their feeding, and therefore for their increase and even for their
preservation.

To speak of either method as cowardly assassination, butchery, unsportsmanlike,

66 1 66

etc., is absurd. In each case you “lay in wait,” ‘sneak up to,” “take unawares,” and
wound and kill, if you can. All hunting is cruel; and if any is more so than another,
certainly the long and terrible chase by the hounds is so.

The lumber camps on Township 12, Riversdale, have every season made use of
venison for table meat. For the past two years the principals, S. L. Clark & Co., of
Parishville, N. Y., have tried to stop it. They have agreed to discharge any man with

a gun ordog. Yet they do hunt.

Mr. James McCormic, Lewey Lake, Hamilton County, N. Y., (Hotel Proprietor and
Guide.)—The deer are increasing in this particular locality. The reason that less deer
were killed by hounding last fall, I attribute to the fact that the deer did not take to
water as usual during the fore part of the time allowed for hunting. So far as I am
informed this holds true in other localities in this part of the Adirondacks. I am of
the opinion that no change in the game laws would be of any benefit to the deer in
this section. The law as it now stands appears to give general satisfaction, and is quite
well observed. I might personally wish some changes; but these, perhaps, would not

meet the minds of all. So, I say, let well enough alone.

Mr. James M. Wardner, Rainbow Lake, Franklin County, N. Y., (Old Resident,
Flotel Proprietor, and formerly a Guide, Hunter and Trapper.)
prohibiting hounding altogether.

I am in favor of a law

Mr. Charles Fenton, Number Four, Lewis County, N. Y., (Pioneer Settler, and Hotel
Proprietor.)—F or the past two years previous to this a great slaughter of deer was com-
mitted on Township No. 4. In the fall of 1893 fully three hundred deer were taken
out from this immediate vicinity, within a radius of four miles from my house. In the
fall of 1894 about two hundred were killed, which was about all there was.

Failing to obtain a law from the last Legislature for the better protection of deer,

and threatened with their extermination in this section, I was forced to secure the

210 REPORT OF THE COMMISSIONERS OF

control of all of Township No. 4, and 5,000 acres on Township No. 3, Brown’s Tract. 1
completed the posting of my trespass notices just before the open season for hounding,
and by employing three competent detectives, or game keepers, I was able to prevent
any deer being killed by hounding. By so doing I think that I saved full two hundred
deer which would have been killed had hunting with dogs been permitted; but it cost
me two dollars per head to do it. I am satisfied, however, with the result.

Hunting deer with dogs may do for those that have preserves which they control.
Neither would it be so objectionable if sportsmen would only be satisfied with killing
the legal number. But hundreds from all around the borders of the wilderness take
advantage of this easy and sure method of hunting, who care nothing about protec-
tion, but go in to hunt for what profit there is in it. I have known one person that
took out thirty deer during one hounding season. Two years ago eighteen deer were
killed in one day by driving them to the water in the two lakes near my house. So long
as hounding deer is permitted by law, hundreds of deer dogs will be kept all around
the borders of the wilderness. These dogs get into the woods on the crust and kill

deer.

Mr. Myron Bruce, Blue Ridge, Essex County, N. Y., (Postmaster.)—I think it would

be better if deer were not hounded until October Ist, and not longer than November Ist.

Hon. George A. Stevens, Lake Placid, Essex County, N. Y., (Hotel Proprietor and
Expert Hunter ).—The best way of preserving the deer of the Adirondacks will be by
prohibiting “jacking,” and making the hounding season as short as possible.

Ten days of hounding is as long as the dogs ought to be allowed to run.

Of all the States of the Union, New York, with its magnificent forest, is the far-
thest from protecting its game. I am speaking of deer, for all the other game is well
enough protected. Soon, in the localities where deer can now be found, they will be
hard to find; for, at the hounding season, every brook and pond where deer run to
escape the hounds, is manned with hunters whose only object is ‘‘to kill a deer.”
Buckshot, slugs and all kinds of missiles are fired at the innocent, harmless creatures,
often wounding them only, and allowing them to escape into the forest, where they
suffer and die from their wounds.

The ‘“ Hotel-keepers’ Association” and ‘‘ Adirondack Guides’ Association ” have
committees to look after the game laws; and any law inimical to their interest will be
fought to a finish. The above-named associations are after the hunter-guests. It is
money for them. Unless more restriction is placed—unless the hounding season is
shortened and jacking prohibited—we will soon be without any game in the Adiron-
dacks. In this territory there are very few now. A few years ago there was a plenty,

but the hounds have driven them out.

FISHERIES, GAME AND FORESTS. Divi

Mr. H. H. Covey, Big Moose, Herkimer County, N-Y., (Guide and Hotel Keeper at
Big Moose Lake.)—My report on the number of deer killed in 1895 is furnished from
memory and may not be absolutely correct. However, the number given as killed is
less, not more, than were actually killed.

I think if our deer are to be kept up to their present standard and numbers, both
dogging and floating must be prohibited.

I happen to have on hand a memorandum of the season’s killing for 1893, on Big
Moose alone, showing number of shots made, number of deer wounded, and number
of deer killed, with the name of each man doing the shooting. I willomit the names,

but give their initials.

Initials. No of Shots. No. of Wounded. No. Killed.
Ww 2 2 (o)
A 4 2 I
G 2 I I
D 4 2 I
B 2 I I
B 4. 2 I
S 5 2 I
T 8 5 3
W 8 3 2
B 7 3 fo)
R 4 3} °
S 3 I 2
E 14 4 I
a 19 7 2
B 4 3 I
M 9 6 2
5 6 2 4
N 5 2 2
H Il 6 3
C I I )
D 17 II 2
W gel a3 2 ©
B 12 5 2
M 5 2 I
ill 3 2 I
O 4 2 I
G 4 3 I
S 7 2 I
kK 6 2 2
H 7 4 8
B 7 5 2
G 4 3 I
E II 5 2
M 7 3 2

Total é F : 5 6 Bite) 109 49

Those marked wounded all left blood, but couldn’t be found, as they were shot
while floating.

212 REPORT OF THE COMMISSIONERS OF

Mr. Christopher J. Goodsell, Old Forge, Herkimer County, N. Y., (Fulton Chain
Guide.)—Make the game laws for the poor as wellasthe rich. I hope that we may be
allowed to hound deer for at least one month, so as to give every man the same chance
as the still-hunter. The season ought to open September 1st and close November Ist.
Protect does for three years, and make it one hundred dollars fine for any doe killed.
This would protect the old guides, who drive does out of the water; also all good and
true sportsmen, who will not killa doe. But with the present law it is but little use
for a guide to try to save the deer for some pot-hunter to slaughter, or amateur
guides, with which the Adirondacks are flooded. They don’t care what they do, and
the guides of the Adirondacks are imposed on by that class. If the game is destroyed
by them, the old guides have to take the blame; so all of the old guides hope that
there will be a law to protect the game, and if we protect the does it will keep
the deer.

Abolish floating entirely, for there is no sportsman who loves to hunt that wants

to float and kill an old doe or a fawn.

Mr. Franklin Brandreth, Sing Sing, N. Y., (Proprietor of the Brandreth Preserve,
Hamilton County.)—The deer law as it now stands is a good one, and could not be
much improved. It is not the deer killed in season that causes a scarcity. In my
opinion, crust-hunting and hard winters hurt them more than anything else. Lumber
camps undoubtedly destroy numbers every winter.

If the law could be enforced, and the deer only killed in season, I am confident
they would hold their own. Give an Adirondack deer a show and he will take care

of himself.

Mr. Scudder Todd, Lyons Falls, Lewis County, N. Y., (Woodsman and Forest Land
Surveyor.) —The hunting season for killing deer should be limited to at least one-half
the time now allowed by law; or, prohibit the killing of deer for at least five years. If
the killing of deer goes on as it has this last year there will not be any deer left after

the next five years.

Mr. Walter C. Witherbee, Port Henry, Essex County, N. Y.—There is very little
hunting done in the town of Moriah proper; the deer are mostly driven there during the
hounding season, and being unmolested stay a day or more before starting back. All
around this town there are many deer. Never has there been such a relentless slaughter
and large number of hunters as this past fall. During the hounding season, I think it
a very conservative estimate to say that there have been from here to the Boreas River,
and within one mile of the main highway, an average of at least sixty people hunting
daily. To my personal knowledge there have been 119 deer killed within the hunting

season, in the Schroon River and Boreas River region alone, the majority of these deer

TYPICAL DEVELOPMENT OF ANTLERS.
From the collection of Major R. lL. Banks, Jr.

FISHERIES, GAME AND FORESTS. 213

being does. How many have been killed in those regions that I do not know of per-
sonally, I don’t know; should say it would easily bring the number up to over two
hundred.

The season is too early for hounding or killing, and the hunting season is too long.

No does should be killed at any time.. The deer, except from clubs protecting
does and the better protection given by protectors, would soon give out, and, if hunted
as they have been this past fall will, any way, very soon. If I had the say, no deer
would be killed before October Ist; and then not hounded over ten days, nor killed
after November Ist. r

Mr. W. H. Boardman, 32 Park Place, New York, (Secretary Adirondack League Club.)
—The Adirondack League Club has never allowed floating. We believe it should be
prohibited by the State law.

I would suggest for consideration either one or both of the following amendments:

Amend Article 111., Section 46, so as to-read as follows:

Sec. 46. Tvansportation. Deer or venison killed in this State shall not be trans-
ported to any point within the State from or through any of the counties thereof, or
possessed for that purpose. The possession of deer or venison by common carriers is
a violation of this section. This section does not apply to the head and feet or skin of
deer severed from the body.

Add a new section in Article 111. as follows:

Sec. —. Water Killing. It shall be unlawful to kill or attempt to kill any deer
swimming in the water of any lake or pond; or while hunting any deer, to use a
boat in pursuing or heading it off while so swimming; or to use any jack-light or
other artificial light in hunting or killing or attempting to kill any deer.

A large number of deer died in this locality last winter of disease. Fourteen were
reported as dead or dying. None of those found by our game keepers had been
wounded. The two found dying (one buck and one doe) had bad smelling breath and
a wheezing sound in breathing. The game keeper thought the disease was similar to
“black tongue” among sheep.

Mr. Monroe H. Bullock, Number Four, Lewis County, N. Y., (Manager of the Beaver
River Club and formerly a Guide.)—The game law is all right as it isnow. It gives all
sportsmen a chance to have their own way of hunting. There are plenty of deer here,
and always will be if we live up to the present game law. If people in other parts of

the wilderness do the same there will be plenty of game everywhere.

Mr. Henry F. Down, Beaver, Herkimer Co., N. V., (Ratlroad and Express Agent at
Beaver River Station.)—\t is the general opinion and desire of all the old hunters and
guides that the deer should have better protection. They are unanimously in favor of
abolishing hounding and jacking.

214 REPORT OF THE COMMISSIONERS OF

Mr. W. S. Brown, Keene Heights, Essex County, N. Y., (Superintendent of Adiron-
dack Mountain Reserve Association..—The most favored regions for deer in the town,
and at the same time the best place for hunting them, are owned by the Adirondack
Mountain Reserve. This Company protects the game and allows no hunting on some
twenty-seven thousand acres of forest and mountainous lands, including two lakes and
five miles of the Ausable River, and the deer are increasing in numbers thereon from
year to year. This protection tends to increase the number of deer throughout
the town, but they are more plentiful in and about the boundary of said reserve than
elsewhere in the town. There is no better proof of this than that the hunters in this
section, whenever out with dogs or on still-hunts, seek to start their game inside the
protected locality lines. They hunt right up to the lines and frequently get over them.

Opinions on desirable changes in the present game law: :

1. Prohibit the hunting of deer with dogs at any time throughout the State. If
such a provision cannot be passed, then—

2. Make it necessary that every dog used in hunting deer be licensed with heavy
penalty for violation, and leave time for hounding as it now is, September roth to
October 1oth.

Make penalty for killing deer out of season one hundred and fifty dollars for each
offence.

Prohibit the killing of deer in the night time.

Prohibit the killing of deer in the water.

Prohibit the killing of deer on Sunday.

Prohibit all hunting, trapping and fishing on Snnday.

As to the report of deer killed here, in the regions contiguous to the Adirondack
Mountain Reserve, a great many were killed during the last hunting season. All
hunters reported deer plenty. In the towns of Keene and North Hudson, at least
one hundred were killed in the lawful time. The most of these were does. They~
averaged smaller in size than in previous years. At least eight out of ten were does.
Some were killed by night-hunting, but most of them by hounding. More deer were
killed this year than last year. Dogs have run out of season after deer, in these towns
in 1895, both in the summer and fall.

Mr. A. H. Thomas, Warrensburgh, Warren Co., N. V., (Secretary Moose Pond Club.)
—TIn my opinion the law at present is good enough. We must have a law popular
with the guides and inhabitants in the localities inhabited by game, in order to have
their co-operation and assistance in enforcing the law. Otherwise, you would have
to employ a dozen protectors for each town. A protector can catch a person
unacquainted with the forest, but should the guides and woodsmen combine against the

law, your deer are gone and no one detected. I have had twenty years’ experience

FISHERIES, GAME AND FORESTS. 215

in hunting deer, with dogs and still-hunting, and know of no place where the deer are
not increasing rapidly. I do not believein floating for deer, but think it will be im-
possible to pass a law prohibiting it. Enforce the present law, and deer will increase,
even though floating is allowed.

Mr. Eugene Hathaway, Harrisville, Lewis Co., N. Y., (State Game Protector.)—It
seems to be the general opinion about here that if hounding could be stopped the
deer would increase. I would advise that hounding be stopped, say, for five years.

We could tell by that time if any benefit was derived from it.

Mr. M. F. Cronin, Aiden Lair, Essex Co., N. Y., (Hotel Proprietor.\—The present
law in regard to deer hunting is about right. If hounding is abolished the sportsman
will be deprived of deer hunting almost entirely.

There is no doubt that the inhabitants of this country are doing what they can
to protect the game, and by so doing they are deriving great benefits from the
numerous sportsmen who visit this country. The deer have increased fully one-third
within the past four years. It is a positive fact that out of every jive deer started by
dogs there is but ove killed on an average.

If there are to be any changes made, I would advise an additional ten days to the

hounding, and abolish night-hunting entirely.

Mr. Eugene S. Bruce, Axton, Franklin Co., N. Y., (Lumberman and Superintendent
Ampersand Preserve.)\—TYownships Twenty-six and Twenty-seven are in the Ampersand
Preserve of which I have charge, and we dé not allow any does killed; in night-
hunting, however, the hunter is more apt to get a doe than a buck. The sentiment in
this locality, among the better class of sportsmen, is to prohibit hounding entirely.

But if hounding is to be allowed, the time should be changed to the month of
October, as the present season commences too early. In August and September the
does and young fawns are around the water, while the bucks as a rule are back on the
mountains and do not usually come down until the month of October.

Personally I am in favor of prohibiting hounding entirely, and think an act to that
effect would do more to preserve the deer in the Adirondacks than any other change
in the law that could be made.

Mr. Frank Washburn, Lewey Lake, Hamilton Co., N. V., (Guide.)—The deer in this
part of the Adirondacks are increasing largely. Through the section that I guide in
there are more than double the number of deer that were there five years ago. At
that time, in the same locality, a man would travel all day to start one or two dogs,
where now it is no trouble to start as many as he can lead before noon. I think that
this is proof enough that deer are increasing. Another proof is, if they were not more
plentiful the hunters could not kill so many more than they used to.

216 REPORT OF THE COMMISSIONERS OF

The only change needed in the law would be to commence the open season the
first of September and let it run until the first of November; and allow people to run
hounds, or kill any way they can, during the time. I don’t think hounding does any
more harm than any other way of killing. If hounding were stopped it would be a
great injury to this country, as well as the people who come here sporting; for there
is no other way at that time of the vear that many deer can be killed. There is no
still-hunting during the open season, and even an expert hunter can kill but very few
deer on bare ground. People who come here from the cities would get no deer if they
could not hound them.

Mr. Charles H. Bennett, Raquette Lake, N. V., (Hotel Proprietor, and formerly a
Guide.)—Open and close the season, allowing everybody to kill a deer, in whatever
manner he chooses. But I would not open the season until September 15th. This
would do away with night-hunting. Deer are not fit to use before September 15th. The
idea of dictating how a person shall kill a deer, once the season is open, seems to me,
and always has, absurd. Open the season when the animals are fat, and let each man
kill a deer in whatever manner he chooses, provided he does not use traps or salt-licks

Mr. Philip Studer, White Lake Corners, Oneida County, N. Y., (Postmaster.)—Jack-
ing and hounding should by all means be prohibited. i

Mr. Martin B. Hosley, Wells, Hamilton County, N. Y., (Lumberman.)—Unless the
hounding is stopped, within five years there will not be a deer in this part of the
Adirondacks. Fifty years ago there were lots of moose in this section, but in late
years there has not been one here. The reason is they were killed when the snow
was so deep that they could not get away ; and they had just as good a chance of
getting away in the deep snow as the deer have in the hounding season. I have
known that for ten miles on the river* there was a man on every runway, and in many
places two and three on a runway. ‘The only chance the deer have of escaping is by
the men not being able to shoot them. I know of twenty-seven (27) dogs being put
after deer in one locality, where the deer would come in the river, within five
miles. What chance has the deer got ?

I am not a hunter, but would like to see the deer protected so that there will be a
few left. It is safe to say that half of the deer killed this season spoiled before they
were used up, as they were killed in such warm weather and after they had been run.
In warm weather they will not last more than a day or so.

I think the law ought to be changed and the hounding stopped. During the
month of November permit still-hunting. There ought to be no floating allowed;
for the deer that are killed mostly by floating are does, and a good many of them

have fawns, which die after the old deer are killed.

* Sacandaga River, Hamilton County.

FISHERIES, GAME AND FORESTS. 217

A deer with one or two fawns is not good for anything to eat. Give the hunters
the month of November. Then the bucks are running, and the deer that will be
killed will be mostly bucks, which will give the animals a better chance to increase.

The present law is not right; for the law makes an open season from August the
15th to November Ist, with from September 10th to October 10th to hound in. Now
this means that most of the hunters hound from August 15th, as you cannot do
anything with a man for having venison in his possession; and the only way you
can convict any one is for running dogs. But you cannot find a man to swear
positively as to whose dog it was. It is just the same after the hounding stops.
They hunt with dogs until they have no right to have deer in their possession any
longer. You cannot convict any one, for the sentiment of the people is with the
violators of the law.

Mr. George R. Finch, Glens Falls, N. Y.,(Lumberman and Adirondack Land Owner.).
—Stop the night-hunting. Don’t open the season earlier than September 15th. Open
later and keep it open later. Favor hounding. Keep the transportation law as it
is. It is the best deer law we have had.

Mr. E. Z. Wright, Utica, N. Y., (Proprietor “G” Lake Preserve, Hamilton County.)
—Not more than one-half the number of deer were seen about the lake—‘‘G” Lake
—this year that were seen last year. The deer have steadily decreased for the past
five years. Four of the deer on this list were killed by owners of the preserve and
guests. Two were killed by poachers.

In our opinion, the hounding of deer is most destructive, and must result in their
total extinction within a few years. There are so many hunters that every lake is
watched, and the runways leading to the lakes, so that the deer have little chance to
escape.

It is the general belief that large numbers of deer are killed by lumbermen, and
taken to the lumber camps in Herkimer and Hamilton counties during the winter
season. I have no personal knowledge of this, but the belief is so general among all
classes living near the borders of the wilderness that I mention it here.

Mr. Wm. F. Ingold, Massawepie, St. Lawrence County, N. Y., (Manager Childwold
Park.)—Vhe deer are decreasing in the Adirondacks. The season opens too early.
Should not open until September first of each year.

I have talked with a number of guides on this subject, and they are of this
opinion, when speaking disinterestedly, that there should be a better plan devised
for apprehending and prosecuting persons killing deer out of season.

Mr. Johnson J. Sevey, Sevey Post Office, St. Lawrence County, N. V., (Guide.)\—Have
lived in the Adirondacks for the last thirty years, and would say, as far as my

experience goes, that hounding and floating, or night-hunting, should be abolished.

218 REPORT OF THE COMMISSIONERS OF

Many deer are wounded in night-hunting that are never captured. They are
wounded badly, and in nine cases out of ten they die and are never found In
still-hunting, or stalking, the deer has an equal chance with the sport, and in most
every case the hunter can tell whether the deer is a buck or a doe.

I am confident that if hounding and jack or night-hunting were prohibited, deer in
the Adirondacks would increase. Iam confident that there were more deer killed out
of season this year by jack-hunting than in still-hunting, in this locality.

Hounding should be prohibited. Jack-hunting should be prohibited. Give the

deer an equal chance, and I will guarantee they will increase.

Mr. W. P. Merrill, Merrill, Clinton County, N. Y. (Hotel Proprietor at Chateaugay
Lake.)—Deer will not increase much in this locality under the present law. Hounding
should be entirely prohibited, and about four months of still hunting allowed—say, in
August, September, October and November. Deer would soon be very plentiful if
the hounds were kept from them.

I wish to say a few words in regard to the trout law. Wade-fishing in streams, or
fishing from the banks of streams that are not navigable for small boats should be
prohibited. The wade-fisherman is striking the death blow to our trout fishing, and
it certainly is a great shame. The birthplace and home of the speckled trout, until
they are four or five inches long, is in the swift water; and as they grow larger they
move into deeper water. Therefore, if they were unmolested in the swift waters of
the brooks and rivers they would, after growing to the proper size, move into deeper
waters navigable for small boats, where the sportsmen would have good fly fishing
with a constant supply of uneducated trout from the swift waters. A law of this kind
rigidly enforced would soon do away with the necessity of stocking lakes and streams
with brook trout from hatcheries. This is my opinion after twenty-five years of life

among the deer and trout.

Mr. L. M. Lester, Owl’s Head, Franklin County, N. Y. (Postmaster.}—I\t would bea

good idea to do away with hunting for five years if you want any deer in this locality.

Mr. Clarence A. McArthur, Paul Smith's Post Office, Franklin County, N. VY.
(Lumberman and FHotelkecper.)—\ think there are two deer here now where there was
one ten years ago. The feed for them in this locality is unsurpassed. It is the most
natural park for deer in the Adirondacks. There are thousands of acres of land that
have been burned over, and are now growing up to pine, white birch and poplar, with
grass and ferns, also. If the present laws are observed, deer will increase as long as
nature exists. The most of the does killed here seemed, for some cause unknown, to
be barren. Some seem to think it was from lack of bucks. Deer ought not to be hunted

before September Ist, on account of fawns. Many object to hounding, because they

FISHERIES, GAME AND FORESTS. 219

think it brutal to kill deer in the water, after being driven in by dogs. As a remedy
I would suggest twenty days more hounding, and prohibit the killing of deer in the
water. Allow them to be killed on runways, or when they go out of the water, like
the Michigan law. Sportsmen would like it full as well, and would not kill half the deer.
I know by experience that hounding does not destroy or drive away as many deer as
people suppose. In this vicinity, and from my house, from one to three men were
starting from two to four dogs on each one of the thirty days of the open season, and
had no trouble at all in starting. I was out four or five days after the close of hound-
ing, and raised five deer in less than half a mile of the house, on ground we had

apparently been over every day.

Mr. E. L. Marks, Old Forge, Herkimer County, N. Y. (Superintendent Fulton Chain
Hatchery.)—Vhe deer are growing less, and if some measure is not taken to protect
them they will soon be a thing of the past. I think hounding should be abolished. A
deer driven by dogs has little chance to escape. Every runway and watch point is
covered and some of them by from one to four persons or hunters. After the deer
season closes there are always more or less dogs running loose. Where there has been
one dog chained up there have been six running at large. On every one of our rivers
at this time of year it is not safe to travel on the ice, and a deer driven to any river
after December Ist is quite sure to lose its life. We find more or less dead deer
floating every spring in the river, and the cause therefor is that dogs are allowed to
run at large and drive the deer to the river where they break through the ice and there
they stay.

Our special game protector located at the Eighth Lake killed five dogs a few days
since running deer. I claim this is the best piece of work that has been done here

by any protector in a long time.

Mr. D. W. Riddle, Saranac Inn, Franklin County, N. Y. (Manager Upper Saranac
Association.)—In my opinion the present law is good enough, but it is not well enough
enforced in this vicinity against the few persons who undertake to violate it. The

residents of this vicinity, as a rule, are in favor of and do respect the game laws.

Mr. Henry L. Smith, Albany, N. Y. (Proprictor of a Forest Preserve in St. Lawrence
County.)

I would favor a law prohibiting the hounding or killing of any deer by aid
of the dog; also, the killing of any deer on the water at night by aid of a “jack” or
artificial light; also, an appropriation by the State of a sum of money sufficient to
employ good, honorable men, and pay them to guard and protect the deer. I have
had more than thirty-five years’ experience in this great and grand wilderness in the

Adirondacks, and urge that it be preserved and the deer protected.
16

220 REPORT OF THE COMMISSIONERS OF

Mr. Darwin J. Day, Brandon, Franklin County, N. Y. (Superintendent of the Santa
Clara Preserve.)—\ think we have got full as many deer in our locality this fall as we
ever had. I know one thing, we have got plenty at present; and I don’t think that
hounding will ever kill off our deer, provided we get only thirty days of hounding.
But I think that the night-hunting would be better for the sportsmen, if they only
could have the month of August to kill deer in, and then put a stop to the night-
hunting or killing any until hounding begun. Give them the month of October for
hounding. The way it is now they let lots of deer spoil in hounding in September,
because it is not cold enough to keep the meat. Venison got with dogs in latter part
of September will not keep as well because the deer cannot stand it to run very long.

The meat spoils before they can use it up.

Mr. P. H. Curran, Jerden Falls, Lewis County, N. Y. (Postmaster.)—\ think the
number of deer in the Adirondacks is far less than four or five years ago, and if
hounding is allowed it will not be long before there will be none. It is wrong to
extend or allow ten to fifteen days after the hounding season is past for parties to get
out their venison. I am satisfied that there are many deer killed during that time, and
in many instances hounding is continued and deer slaughtered. Then I think there is
quite a percentage of the deer run by dogs that die from exhaustion, though they may
not have been caught by the dogs. Have heard of several cases where they have been

found dead, and the only plausible theory was that they had been run to death.
Mr. A. R. Fuller, Meacham Lake, Franklin County, N. Y. (Hotel Proprietor and Town

Supervisor.)—In my opinion we should kill no does, and not begin to hunt in any way
before September Ist. Stop floating or night-hunting. I have taken advantage of the
private park act, and posted my lands as the law directs. If some general law is not
passed I shall try to enforce the above suggestions on my own lands. For years our
guests have generally respected my wishes, as expressed above. Last season fully 40
does could have been killed; but were let go. I think Colonel Fox the Superin-

tendent of Forests can give you some information in regard to hunting at Meacham.

Mr. Arvin Hutchins, Indian Lake, Hamilton County, N. Y. (Guide and Proprietor
of a Hunting Lodge on the “ Chain Lakes.”)—I am forty-five years of age, and have
lived in this town forty-four years. I can safely say that the deer are more plenty
than they were thirty years ago, and are increasing fast.

If there was a jaw to make it a fine to offer fish or venison for sale, I think that
would be all the additional law that would be necessary. There are some men that

will kill as long as they can sell at any price.

Mr. Edward H. Talbot, Hinckley, Herkimer County, N. Y. (Foreman Trenton Falls

Lumber Co.\—I have heard of many deer being found dead in the woods, the result of

FISHERIES, GAME AND FORESTS. . 221

floating, nights. I know from personal knowledge that the deer in the locality of the
West Canada Creek are fast decreasing, no matter what any hunters or sportsmen
may say.

Mr. Frank A. Cutting, Boston, Mass. (Proprietor of the Cutting Preserve, St. Lawrence
County, N. Y.)—It would be desirable to have a law passed prohibiting hounding
altogether. Iam well aquainted with several gentlemen that go to Maine every year;
and since the law was passed there prohibiting hounding, the number of deer has
steadily increased every year, notwithstanding the large quantities that are killed every
year by sportsmen. It is no unusual thing to see them in droves, and the specimens
that come from Maine are nearly all large deer. Very few young deer are killed there.

The season for hunting in Maine is from October Ist to January Ist; and all hunt-
ers are able to save every pound of venison that they are able to get, and none is
wasted; whereas, the season commences August 15th in New York State, and if a
sportsman kills a deer back in the woods during the first part of his stay in camp, he
is able to utilize only the choice portions of his deer, for it is so warm that it will
not keep to take home with him. Very few are able to take anything home with
them, and on account of the venison spoiling so quickly a good deal is wasted. As
soon as the weather gets cool and the leaves have become wet with light snows or
rains, the season is over; when the time for still-hunting commences the close season
sets in, and the hunters must return home. It seems to me that it would be wise, if
possible, to have the open season commence September Ist and close December Ist.

I have during the past four or five years come in contact with men employed in
lumber camps; also with cooks employed in lumber camps, andI am satisfied that in
nearly all camps in the Adirondacks large quantities of deer are killed by the lumber-
men, and consumed by their employees. When lumbermen commence chopping in the
fall, the deer flock into their roads and enter the timber that the men have felled to get
at the tree tops forfood. There is also more or less scattered hay and oats, which make
fine feed for them, and it is an easy matter for lumbermen to kill as many deer as they
like. In fact, in some camps a hunter is kept (who pretends, of course, to be a wood
chopper), and his main business is to keep the camp supplied with venison. He kills
his deer, takes off the hide and buries it in the snow until he has an opportunity to
utilize it; and buries the deer, also, in the snow. He can then go to it from time to
time and take back to camp a quarter of venison; and when this is stewed the other
laborers in camp do not know that they are getting venison as a steady diet. Would
it not be advisable for the State to appoint a larger number of game wardens and
supply them with snow shoes, so that’ they could go from one camp to another
wherever they thought illegal killing of deer was going on, and catch these hunters
breaking the law ?

222 REPORT OF THE COMMISSIONERS OF

On all the game preserves there is no doubt but that the deer are getting a fair
chance and are being well protected. The cutting of the old growth of forest is
allowing the young growth to start up, which makes feed for deer, and with proper
protection there can be in five years an unlimited quantity of deer in the Adirondacks
for sportsmen. The total Adirondack area is able to sustain a sufficient number
of deer to supply all the hunters and sportsmen that will go there.

Moose and caribou are increasing very fast in the State of Maine at the present
time. Would it not be a good policy to import a quantity into the Adirondacks and
so stock that forest?

Mr. Julius Burres, New Russia, Essex County, N. Y.—If there is any change in the
law the hounding ought to be a little later in the season, as now the does stay in the
edge of the forest. If it were later there would be more bucks killed. It would be
better to stop hounding for five years at least; then the deer would have a chance to
increase instead of decreasing as now.

If it were not for the Adirondack Mountain Reserve, where deer are not killed at
all, there would be scarcely any deer in these parts.

Mr. James Weeks, 18 Wall Street, New York (President Adirondack Preserve Club.)
—The Adirondack Club controls about 100,000 acres in Essex county. The number
of deer killed there annually is small as compared with the acreage. Our membership
is small, and the laws of the State are rigidly adhered to. The number of deer on the
tract has increased enormously in the last twenty years. In the spring, when members
are at the club for fishing, numbers of deer are seen both on the roads and around the
clearings, lakes and ponds. The writer has been familiar with the territory for over
forty years, and can safely say the deer are much more plentiful than they were back
in the fifties. Have no suggestion to make as to the game laws. If the laws as they

stand are lived up to, there will be no trouble about deer.

Mr. H. L. Tues, Potsdam, St. Lawrence County, N. V (President Raquette Club.\—
My experience covering more than forty years in the Adirondacks, is that dead deer
are liable to be found in the spring in the vicinity of where hounding has been done
the fall before. This no doubt is a new idea to many; buta correct one, nevertheless.
Deer that have been run by hounds and not killed by the hunter are in a poor con-
dition to stand the winter, and in many cases they will die before spring. The same
is true of sheep. If dogs chase a flock of sheep late in the fall, in most cases half the
flock will die before spring. In the vicinity of the Raquette Club’s grounds every
lumber camp we have ever had near us has slaughtered our deer badly, and the only
thing that has saved them from total annihilation is the fact that the log choppers
remain only one winter in the same vicinity. When the logs are all cut the loggers

are gone, and that has saved our deer.

FISHERIES, GAME AND FORESTS. 223

The writer is not inclined to be a kicker, or to find fault with the Commission We
have no doubt they aim to do the best that can be done under the circumstances; but
this circular asks for my opinion, and if I give it at all I must give it from facts based
on my own experience. If the Commission would appoint a sufficient number of good
game protectors whose duty should be to locate in different sections of the Adiron-
dacks, each one to dress in uniform and each to look after a certain prescribed section
of the country three hundred and sixty-five days in the year, give them a good salary,
and in every case where they neglect to attend to their duty cut their heads off with-
out delay, then the game would be preserved. No business man can deny the fact that
if he owned the grounds as an individual he would take the above course to preserve

the game.

Mr. David G. Helms, Long Lake, Hamilton County, N. Y. (State Forester and Game
Protector.\—There is no question about the deer in this territory being on the increase.
I am traveling in the woods nearly every day, and havea good chance to know some-
thing about the deer, as I have always been interested in their protection. There has

been the least illegal hunting this fall that I have ever known.

Mr. William Harris, Hope Centre, Hamilton County, N. ¥. (Leamberman and Owner
of Forest Lands.)—li the law is lived up to, and no deer killed out of season, we will
have plenty of deer in this locality. The worst feature in the present law is night-
hunting. The hunters leave a great many wounded deer that crawl off in the brush
and die; and they can’t find them in the dark. I knew several such cases years ago, ‘

when I had men working for me around lakes.

Mr. Charles H. Wood, North Elba, Essex County, N. Y. (Guide and Hunter.)—It
seems to be the general opinion that if the hounding season was shortened it would be
better.

Mr. J. H. Kirby, Brainardsville, N. Y. (Hotel Proprietor on Lower Chateaugay Lake.)
—The question of deer hunting and the law regulating the same is a very interesting
one to me. I live during the summer by the side of the Lower Chateaugay Lake, one
of the most beautiful bodies of water in the Adirondacks. I was born within two miles
of this spot and have lived here fifty years.

From my earliest recoilection this has been a famous hunting ground, especially for
deer. In my boyhood there was only one or two summer hotels on the lakes and the
outside visitors were few, but those who did come were treated to venison and trout
from June till December. Few hounds were known. The favorite way of getting deer
was by still-hunting; and there were but few men skillful enough to get a deer.
Within a few years all this has changed. Dozens of hounds are now owned within a

few miles of the lake, and from the first day of the hounding season till the last, the

224 REPORT OF THE COMMISSIONERS OF

shores of the lake are literally alive with men watching for deer. Ten years ago there
were several points in the woods where the dogs could be put out with a very reason-
able chance of starting a deer. Now, I know of but one. In this secluded spot they
yard in the winter, and here the hunter finds them in the fall. The hounding of them
at the present time is simply barbarous. No regard is paid to feeling. I saw one
brought to my landing that had been run for six hours through a farming section that
had its zzéestines brought to view in several places by Jumping barbed wire fences.
Another was caught while hanging on such a fence. Another was found dead after
the season was over, apparently killed in that way. No attention is paid to the Sabbath,
but the barking of hounds and shooting by hunters all around the lake and through
the woods are heard everywhere. A man too unskillful and lazy to get a deer by still-
hunting, can, with a boat, watch a runway and with a club kill the deer. Is this
sport? And yet dozens are so killed every year.

That deer are decreasing very fast in this locality * is well known, and only a few
years more hounding will make them extinct. The men who hunt, nearly all say this,
and to my personal knowledge would vote to stop it; but as long as the law permits
they will follow. J would prohibit hounding entirely for a term of years. No one thing
would draw as many sportsmen to the woods and keep them; for by this action we

would have more good hunting.

Mr. Frank Pierce, Stratford, N.Y. (Supervisor Town of Stratford, Fulton County.)—
The present deer law is all right, if enforced during the crusting season. I believe
that special protectors employed for six weeks in winter would reduce illegal killing

ninety per cent.

Mr. D. E. Farrington, Indian Lake, Hamilton County, N. Y. (Guide and Proprietor
of a Hunter's Lodge.)—In regard to hounding deer I think we ought to have a longer
season for hounding. My opinion, like that of most of the guides, is that we should
be allowed twenty days more hounding under the law; then there will be less viola-

tions, or less dogs.

Mr. Charles H. Palmer, Elizabethtown, Essex County, N. Y.—The hounding season
should be changed. It is very essential that hounding should be allowed here; but the
date fixed by law, as it now stands, is too early to commence hounding. I would
recommend that the hounding season be changed so as to commence September 20th

and end October 20th or November Ist. If this is done, less deer will be slaughtered;

* In publishing Mr. Kirby’s interesting and valuable opinion, it may be well to explain that the
locality which he refers to is situated on the northern edge of the Great Forest ; and that the gradual
disappearance of the deer in his vicinity may be due to the steady encroachment of agricultural opera-
tions and consequent disappearance of the forests.

FISHERIES, GAME AND FORESTS.

bo
bo
on

for the reason that a less number will be engaged in the sport, by reason of cold
weather. The percentage of bucks killed after October Ist throughout the Adirondacks

would be far greater than does, and consequently must increase the number of deer.

Mr. William S. DeCamp, 35 Mount Morris Avenue, New York (Proprietor DeCamp
Preserve, Fulton Chain.)—Deer which were found dead were all fawns, and my opinion
is that if the does are killed in August, about eight out of ten of the fawns die in the

winter.

Mr. Hal. D. Stevens, Malone, Franklin County, N. Y. (Newspaper Editor and
Proprietor.)—I think from personal experience the past two years that hounding means
the extermination of the deer; and if it cannot be generally prohibited, we, in Franklin
county, want the county exempted from the law permitting it, as St. Lawrence is
exempted. The deer are actually disappearing from the northern portions of the
woods. At Mountain View, not ten years ago the best hunting ground near Malone,
they have been almost exterminated by the big hunting parties in the hounding season.
I have always favored hounding until now. I have become convinced that it allows
no deer to hide from the destructive weapon of the sportsman. The killing of does
should be prohibited at all times in order to absolutely insure the preservation of the
species in the Adirondacks. That will also preserve the young bucks whose horns are
not long enough to be seen at a distance. A man should look before he shoots; and
such a provision would compel it. It would thus save the lives of some persons who
are accidentally shot while still-hunting. Our Board of Supervisors has adopted a
resolution requesting our Senator and Assemblyman to make earnest endeavor to so
amend the game law as to prohibit hounding and night-hunting for five years, and to
prohibit the killing of does altogether, at least so far as Franklin county is concerned.
Early hounding is exterminating the does which alone will take water at the beginning
of the season, and we shall soon have nothing left but hardwood groves inhabited by
squirrels and partridges, and lakes and streams inhabited by bullheads and suckers. It
is rapidly approaching this condition now at nearly all points within twenty miles
south of Malone, where ten years ago could be had good deer hunting and trout

fishing. The sale of trout in the Adirondacks to the hotels should be prohibited.

*

Mr. Robert Bibby, Minerva, Essex County, N. VY. (Superintendent Adirondack
Preserve Association.\—Deer are very plentiful on and around the club property.
Night-hunting is not allowed on the preserve. The club is in favor of stopping the
hounding; but it is few deer they will get without dogs.

I think the deer law is quite good enough. If I were to suggest any change, I

would make the still-hunting longer and later.

226 REPORT OF THE COMMISSIONERS OF

Mr. R. G. Low, Mountain View, Franklin County, N. Y. (Hotel Proprietor.)—\
think hounding should be prohibited entirely in Franklin county, and a law passed
that there should be no deer killed in five years. When I first came to this place
fourteen years ago, from fifteen to twenty deer were killed night-hunting that season.
It is a very rare thing for a deer to come to the water now. From sixty to
seventy deer were killed every fall hounding. This fall only twenty-eight were killed
hounding, and if hounding is kept up, I do not think there will be a deer left in this

locality in five years more.

Mr. George C. Lewis, Potsdam, St. Lawrence County, N.Y. (Secretary of the Granshue
Club.\—This club has since its organization made every effort to protect its deer. We
know that the private game preserves have been about the only friends the deer have
had for several seasons past, and the only protection they have had the past season.

Anyone who wanted to kill a deer at any season, or in any way, has done so
without any fear of the law; and it is the opinion of this club that unless the
law is enforced that a very few years will exterminate the deer in the Adiron-
dacks. Our club was informed last March that hunters were on our grounds
slaughtering deer. We sent our game keeper to look after it, and found that
several had been killed when so poor that they were entirely useless to anyone.
The law is all right, but it is not looked after. We believe the State should
appoint all keepers of private game preserves, special game protectors without pay,
giving them the fines collected through them. In our section the deer-licks have
been the means of killing more deer than any other means by far. The woods
are full of them on preserves as well as public lands. Our club has destroyed

many such licks the past two seasons.

Mr. Wiliam H. Burnett, Lake George, N. Y. (Special Game Constable.\—1 think
that all dogs which hunt or chase wild deer should be chained up, or enclosed

in a yard during the close season.

Mr. John H. Miller, Saranac Lake, Franklin County, N. Y. (Secretary Adirondack
Guides’ Association.)\—\ believe it would be better, on the whole, to discontinue
the hounding of deer for at least five years, and to prohibit hunting and shooting
them by a “jack light.”

I am Secretary of the Adirondack Guides’ Association, and have acted in such
capacity for five years. During that time, and also during the past eighteen
years in which I have been a guide in the Adirondack forests, I have become
acquainted with the views of almost all the prominent guides. Our association
numbers 236 of them, and with a few exceptions, the majority of them are of my

opinion on this subject. This was not the case until within a year or two, however.

BURR OF DEER’S ANTLER SHED IN THE WOODS.

FISHERIES, GAME AND FORESTS. 227

I would be very glad, myself, to have the open season begin August Ist, and close
October 20th, and prohibit the killing of does.

Mr. John Cummings, Jr., Utica, N. Y. (Secretary of the Maple Lake Club.\—
Maple Lake is not far enough in the woods for good deer shooting. No deer
were killed by members of the club. The natives hunt them during the season

by hounding, and shoot them on runways leading to the Black River.

Mr. W. J. Alford, St. Regis Falls, Franklin County, N. Y—There were more deer
killed out of season the past year in this section than ever before. I attribute
this largely to the lack of protection,, this section of country being left almost
entirely to the mercy of the people who do this kind of hunting.

There are more deer killed with dogs than by all other methods combined,
and until this method of hunting is stopped the deer will continue to decrease.

I have control of over thirty thousand acres of this wild country,.and I use dogs;
but I can see plainly that if this kind of hunting is allowed for two or three years

more that we will be hunting foxes instead of deer.

Mr. Charles M. Barrett, Old Forge, Herkimer County, N. Y. (Hotel Proprietor.)—
Floating or jacking ought to be stopped altogether, and the season ought not to open
until the first of September. It should close the first of November.

Shortening the hounding season to twenty days, and permitting still-hunting or
daylight shots during the balance will, if lived up to, increase the deer.

Dogging deer ought not to commence until the 15th of September, and ought to

close on the 10th of October.

Mr. Charles A. Tatum, 46 Barclay Street, New Vork. (Proprietor of the Bog Lake
Preserve, Hamilton County.)—Our party is usually in the Adirondacks for about six
weeks each year, and most of that during the hunting season. This season we were
only up for between two and three weeks, and none of us during the hounding
season ; consequently the dogs were not run at all. There appeared to be fully as
many deer tracks through the woods as usual, but they were mostly farther back
from the water ;- more on the hills and in the swamp ground, but not so many around
the lakes and streams. The deer in our section have certainly increased enormously
within the past six or eight years; in fact, ever since the law prohibiting the shipping
of game from the woods was passed. In regard to the number of dead deer found in
the woods last winter, it is impossible for me to give you any correct information.
My men who had charge of the place in the winter report that they had seen several
dead deer, presumably starved or frozen to death; but how many, I do not know. I
heard a good many reports of numbers of dead deer being found in the adjacent

territory, but no numbers were stated, consequently I paid very little attention to it.

228 REPORT OF THE COMMISSIONERS OF

There is no doubt whatever but that a great number of deer are killed out of
season in the territory surrounding the different lumber camps; but it seems
impossible to obtain accurate information about them. The same applies to fish,
as large numbers of trout are caught in the winter through the ice by people
connected with the different lumber camps. There were a number of poachers
last season on Mud Lake, and although we kept one or two men watching the lake
all the time, it was impossible to keep all these poachers off. They fired a good
many shots; but whether they killed any deer or not, I do not know. They certainly

did not take any out with them.

Mr. E. J. Lobdell, Northville, N. Y. (Forester and Game Protector.)—At the opening
of the season every stream or pond which furnishes food and water for the deer
(especially for the female with young) is watched by the early hunter with a shot-
gun and a jack. More deer are wounded (and escape only to die by their young)
than are killed ; and their young invariably die at once, or reach winter so poor that
they perish with cold and hunger. This is not overdrawn. Then the dogging
begins, and the deer which only a few days before could be seen on any early
evening or morning quietly feeding, suddenly hear the deep baying of the hound.
Paralyzed with fear they seek the water as a means of escape, only to find themselves
surrounded by boats propelled by “ sports,” so-called, armed with the deadly Win-
chester, who finally succeed, if their ammunition holds out, in blowing the animal’s
brains out or braining him with an oar. And this they call sport. For whom ?
Surely not for the poor dumb animal.

Deer are killed one month too early. They are decreasing every year, and we
will wake up some morning to find them—like the buffalo—gone, unless some
prohibitory laws are passed. Jacking or floating with a head-light on waters that
are frequented by wild deer should be prohibited.

The general feeling of the people in my locality is that hounding and floating
should be stopped for five years at least. Too much precaution cannot be taken
in drafting the law to prohibit floating. Deer do not starve to death if they are
not driven out of the place they select for yarding; but the fact is they are so
driven and hunted in different ways that they are forced from their feeding grounds.
They are forced to yard on some bleak mountain where they are starved and frozen
to death in sight of plenty. They could not be thus driven away without the aid of
dogs. You will doubtless hear it said that still-hunting destroys more deer than
dogging ; but from personal knowledge I know this is not so. You will find that
those stories come from floaters and hounders who cannot kill a deer in any

other way.

FISHERIES, GAME AND FORESTS. 2

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Mr. A. H. Ehus, Old Forge, Herkimer County, N. Y. (Railroad and Express
Agent at Fulton Chain Station.)—The deer this year were hounded to death, and the
majority of the does killed had fawns, thus causing the death of young deer in the
early winter by starving and freezing to death. Does killed in the early fall leave
the poor fawns to look out for themselves and get their own living, which is
impossible for them to do when snow falls. Fawns depend on their mother for
their living, most all winter. When deprived of their help they are unable to get
anything to eat. They are left to starve and freeze to death. I have never heard
of a large deer being found dead, unless it had been wounded and got away, or
hounded to death in the winter. If hounding and floating are stopped, there will
be a great increase of deer in this section. The hunting season should be from
September Ist to November Ist, and if the killing of does cannot be stopped next

year, stop it as soon as you can.

Mr. George W. Sisson, Potsdam, N. Y. (Lumberman and Owner of Forest Lands.)—
Would recommend prohibiting night or jack-hunting and hounding, and give the does
’a chance to increase. They would soon become sufficiently abundant so that any good
sportsman could kill all that ought to be killed by still-hunting in a sportsmanlike

manner.

Mr. Frank L. Hunter, Peasleville, Clinton County, N. Y.—It would be better if the
season were changed; for instance, still-hunting to begin about September ist and
hounding to end about November 20th. From the 15th of August until about the
10th of September the deer seem to lie around back meadows, and it is very easy to
still-hunt them. But when they get back in the big timber, they cannot be hunted
quite so easily.

There are about two deer killed by still-hunting where there is one by hounding.
It is not so injurious to the deer to hunt them by hounds as to still-hunt them; for the
reason that a good many that are shot by still-hunting will get away and die, and will

never be found.

Mr. Byron H. McCollom, Oswegatchie, St. Lawrence County, N. Y. (State Game
Protector, and formerly a Guide.)—I\t would be a good plan to make a law to stop
killing does for two or three years, for there are about four bucks to one doe in this
territory; also to stop night-hunting at once, for most of the deer obtained that way

are does and there is no possible way of telling them apart.

Mr. Wellington Kenwill, Indian Clearing, Moose River, Hamilton County, N. V.
(Guide and Woodsman.)—The deer have decreased some in this locality during the last
three years by dying in winter. In the winter of ’93 it was estimated that 250 deer

died from starvation, disease, or some unknown cause. One-half that number were

230 REPORT OF THE COMMISSIONERS OF

found dead in the woods. The decrease was very noticeable during the summer of
93. Inthe winter of ’94 they wintered fairly well; but in the following winter, that
of ’95, the death record ran very high. The greatest number were old bucks and
fawns. The does seem to stand the winters the best. The bucks furnished three-
fourths of all the deer that died during the winter. Some of these deer died as late as

og, in the velvet.

the 22d day of May. They were bucks with horns four inches long,

Grass was up so that cows might live well on it.
The present law regarding deer is satisfactory. If any change is made, let the
season continue later in the fall. If shortened at all, let it be cut off from August and

give the fawns a chance to mature.

Mr. Spencer J. Prime, Upper Jay, Essex County, N. Y.—I1 think it would be more
desirable to have the hounding season later. Floating is where the mischief comes

in; because so many are wounded that get away and die from their wounds.

Mr. Morton S. Parmelec, Malone, N. Y. (Lumberman and Owner of Forest Lands.)\—
I have seen in some of the papers that you were going to take some measures to prevent
the extermination of the deer in the Adirondacks. These measures must be taken
soon. The enclosed article from an experienced surveyor and woodsman voices, I
think, the very general feeling of the people of this section as regards the killing of

deer.

“Yesterday I walked for six solid hours through a dense, untouched forest on the
top and slopes of Humbug Mountain. A light snow had fallen the night before. In
that six hours’ walk I saw not one track of a deer. This, you will understand, was in
the very heart of the woods, in a locality where deer were very plenty a few years
ago. How anyone who goes into the deep woods in winter can fail to see that the
deer are rapidly being exterminated passes my comprehension. The old runways
worn three or four inches into the ‘duff’ are deserted.”

A very few years of the methods now in use will tell the story, and one of the
greatest charms of the Adirondacks, a bit of poetry worth a summer’s trip—that is,
the sight of an unscared deer in its native haunts—will be a thing of the past.

I favor, in the interest of all sportsmen, hotelkeepers, guides, and men in business,
in the interest of the State’s most precious natural legacy, the following restraints be-
fore it is too late: First, stop all killing for five years; or, second, stop all jack-
hunting and hounding, and allow killing only from October Ist to November 11th
or 15th, when the fawns are fully grown; or, third, torbid all killing of does under
heavy penalties. At Ragged Lake, in this county, this fall, out of nine deer killed
with dogs I am told on good authority ezgit were does. And this in September,

when the fawns are only babies, smaller than the dogs that run in packs.

FISHERIES, GAME AND FORESTS. 2

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Mr. Wilham Humes, Harrisville, Lewis County, N. Y. (Lumberman and an
Experienced Hunter.)—As far as my knowledge goes, which is quite extensive as to
this matter, the deer in this territory are increasing very rapidly.

The reason for so many deer dying, in my. judgment, based largely on personal
observation, is, that in certain other localities as well as in this the deer are so
numerous that there is not sufficient food for them.

In my opinion the open season should be from September Ist to October 20th;
and that floating should be prohibited entirely. Hounding should be allowed only
from September 20th to October 5th.

Mr. H. A. Maxam, North River, Warren County, N. Y (Guide and Hotelkeeper.)—
The cause of the decrease of deer during the last two years is evident, and I would
recommend that the killing of does should be prohibited by law; if not altogether,
then at least for a period of two years.

In my judgment, floating and night-hunting is also one of the chief causes for the
decrease of the deer. JI would suggest that this kind of hunting be altogether
forbidden by law.

In addition to this, an increase of deer might be brought about by shortening the
deer killing season. For instance, limiting the hunting season to the period between

September 20th and October 31st, inclusive.

Mr. Orrin Harris, Paradox, Essex County, N. Y. (Postmaster.)\—1 think that deer

should not be killed before the 15th day of September in any way. The only way

to preserve deer in this section is to have the jack or still-hunting and hounding
all commence together and stop together. In that way the people will be satisfied
with a reasonable time for hunting,—say the two months from September 15th to
November 15th. The hunters are very much dissatisfied with the law as it now
is, and I think that some of them break over the law some. A deer at this season—in
November—is worth four times what it is on the first day of September. There are

many threats of breaking the law.

Mr. Edwin Courtney, Sageville, Hamilton County, N. VY. (Postmaster and an
Experienced Guide..—Would recommend doing away with all night-hunting, under a
heavy penalty for violation.

Think if hounding period was extended later in the season, less deer would be
killed and better satisfaction given to all sportsmen; for the venison could be kept in
better condition, and less killed to be used in camps. Half of the carcasses are now
thrown away because the meat spoils before it can be used up, and another is killed to

replace it, but with same results.

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REPORT OF THE COMMISSIONERS OF

Mr.Wilham R. Bishop, Cranberry Lake, St. Lawrence County, N.Y. (Hotel Proprietor.)
—I think there should be a law passed prohibiting the use of dogs anywhere in the
State; also, that jack-hunting should be stopped; also, that no does shall be killed

for three years. And this is the opinion of the guides in this locality.

Mr. Frederick M. Heath, Potsdam, N. Y. (Proprietor Ozonia Park.)\—My preserve,
Ozonia Park, lies on the border of Franklin county, and sometimes suffers from
hounds started there which cross the line. The deer are certainly decreasing, and I

think hounding should be forbidden entirely.

Mr. George A. Dukelow, Tupper Lake, Franklin County, N. Y. (Hotelkeeper.\—
Without a doubt we have been breeding as many deer as there is food for. We
know that in some localities deer die for lack of feed.

The deer killed in this territory the past season were fully as large as those killed
any past season. On account of so much lumbering in this region the feed for deer is
steadily increasing.

I have conversed with quite a number that have the interests of our woods and
game at heart; and the general feeling seems to be to have the hunting season open
a little later, and extend later in the fall. One reason is, deer in August are not in as
good condition as later.

Mr. James La Mont, Brantingham, Lewis County, N. Y.—I am in favor of
prohibiting floating, and not killing does when dogging, for the next three or five
years. I understand there was a great number of deer found dead in the woods last
winter, whether from disease or the amount of snow, I don’t know which. Unless
there is some way to save the deer, there will be none to multiply. Prohibit killing
does. J have not been much in this locality this year, but have been up the Fulton
Chain and other places where I have found as many as fifteen dead deer in one yard

and five or six in other places.

Mr. Charles O. Dwight, Brandon, Franklin County, N.Y. (Merchant.\—TVhosethat want
to stop hounding talk that way, so that they can slaughter deer by night-hunting, of
which the larger part is done out of season. As an experienced guide I would advise
the night-hunting to be stopped at once, and all hunting until September Ist, which is
early enough for the hunting season to open. That would give the fawns a better
chance to take care of themselves. Furthermore, in regard to night-hunting, thirty
per cent. of the deer that are hit with buck shot are wounded, and go into the woods
to die. They are often found when spoiled, and no good to anyone. When a deer is

wounded in daylight he is easily found and is not wasted.

Mr. S. M. Prouty, Whitehall, N. Y. (State Game Protector.\—lf the season opened

one month later it would be an advantage; for some does that are killed at the opening

FISHERIES, GAME AND FORESTS. 233

of the season have young with them, and they, the fawns, consequently are unable to
look out for themselves. These fawns are left to starve or otherwise perish. This
seems to be the general opinion of the guides that follow the hunting of deer during
the season.

Mr. Warren J. Slater, Saranac Lake, Franklin County, N. Y. (Guide.\—In my
opinion the hounding should be stopped altogether for five years. The law should be
enforced in regard to hounds running at large all winter; many deer are killed by

them and they do nobody any good.

Mr. Fred W. Allen, Bolton, Warren County, N. Y. (Postmaster.)\—1 would make the
open season from September 10th to November Ist; and hunting during that period,

the same as under the present law.

Mr. Gardner Smith, Ragged Lake, Franklin County, N. Y. (Gamekeeper, Ragged
Lake Rod and Gun Club.\—Ili hounding and night-hunting were stopped for five years
we shall all see the deer increasing tast. I would favor still-hunting in the month of

November.
Mr. E. J. Pickett, Saranac, Clinton County, N. Y—The hounding season should

commence November Ist and end November 30th. The weather is too warm during

the present open season, and a great deal of venison is spoiled before it can be used.

Mr. Myron L. Buttles, Tahawus, Essex County, N. Y. (Superintendent Adirondack

Preserve—g6,000 acres.)\—I think it would be of interest to the State if the hounding

season were extended ten days (as in most localities, unprotected they will run dogs as
long as they are permitted to still-hunt) and then make it close season.

On our territory the deer are very numerous, as many in fact as there is feed for.
There are ten deer now on our grounds where was one fifteen years ago.

We very rarely night-hunt, as the chances are that we would kill the does which

we try to protect.

Mr. Nelson La Bier, Boreas River, Essex County, N. Y. (Postmaster and Farmer.)—
If the hunting season was a little later, there would be less meat spoiled by the hot
weather which we have in the first part of September.

Mr. George L. Clemons, Dresden Centre, Washington County, N. Y. (Postmaster.)\—
Hounding deer should be prohibited at any season of the year, and the season for
still-hunting changed so as to include the time from, say, October 1st to December
15th.

Mr. W. H. Roblee, North River, Warren County, N. VY. (Hotelkeeper and Expert-
enced Hunter.\—\ think the open season for killing deer should commence on
September 1st and close on November ist. Hounding should be permitted.

234 REPORT OF THE COMMISSIONERS OF

Mr. Hugh Clemons, Luzerne, Warren County, N. Y.—There are two small herds
of wild deer in this town (Luzerne), and one of four and another of six cr seven in

the northeast part of the town. Six years ago there was not one in the town.

Mr. George S. Bennett, Baker's Mills, Warren County, N. V. (Guide.)\—I think that
the hunting should be extended to the first of December, and open September 15th.
The venison would then be better, and it would keep better. A great deal of it

spoils before it is taken out of the woods.

Mr. John McClanathan, Hague, Warren County, N. Y. (Postmaster.)\—My opinion
is that if hounding deer could be stopped entirely, that deer in this vicinity would

increase materially.

Mr. C. L. Marcellus, West Day, Saratoga County, N. Y.—I think that in a few years
deer will be plenty if the present law is maintained. The season for hunting should

be shorter.

Mr. George H. Hooper, Graphite, Warren County, N. Y. (Postmaster.\—The sports-
men in this section would rather do away with hounding altogether, and only be
allowed to still-hunt two months in the year, from about October Ist to December
Ist. The dogs now drive the deer away as a general thing. There are many

wounded that are driven away by the dogs, and die and never are found.

Mr. Henry Day, Stark, St. Lawrence County, N. Y. (Gamekeeper, Kildare Club.)\—
I think the public is satisfied with the deer law as it is, except the dogging and artificial

lights; that should be stopped.

Mr. Emery P. Gale, Gale Post Office, St. Lawrence County, N. Y. (Guide and
Flotel Proprietor.)—It is not the city hunters that kill many deer out of season;
it is these natives that live around the borders of the woods. Take off the fifteen
days hunting in August and put it on in November. It would be a great saving of
the deer. Three-fourths of the deer killed in August by jack-hunting are does. The
city people do not care very much about hunting at that time of the year—not near
as much as they would in November. Do not allow any time after the 15th of
November to get out venison. In November, and up to December i5th, is the
time the game protectors should look after these still-hunters, for they kill a great
many more deer than they ought. Some of them kill old bucks by following their
tracks on the snow, and kill them expressly for their head and hams. They get from
$2.50 to $5.00 per head, and that is quite an, inducement for a common laborer to
take his gun and start out hunting. This must be looked after more closely, as we

are not going to have any deer in a short time.

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FISHERIES, GAME AND FORESTS.

Mr. Fletcher S. Beede, Keene Valley, Essex County, N. Y. (State Game Protector.\—
Tt would be much better for this part of the country if we could stop the hounding of
deer entirely.

The country is full of hounds trom the time the hunting season opens until its
close. They certainly drive lots of deer out of the country. Deer having a hard
race and finally going in the water to shake the dogs off, are pretty sure to go out

and die. My idea is that one month is long enough to hunt deer in any shape.

“Commodore’ Henry Bradley, Olmsteadville, Essex County, N. Y. (Lumberman and
Town Supervisor.)\—The law should be changed so as to prevent the night-hunting or
floating. Not more than one-half the deer that are shot in the night time are saved,
but go into the woods and die. The deer that feed around the lakes and ponds in
the early part of the hunting season are mostly does and have fawns near by. If the
mother is killed the fawns never amount to much, and if you find any dead deer in
the woods in the winter time it is these that you find. I am satisfied from personal
knowledge of the Adirondacks that the deer are increasing every year very fast. For
this reason: the wolves and panthers are all killed off in the Adirondacks, and the
game law has stopped the crust hunting in the winter. The first thing to be done by
the State is to buy all the forest land within the Forest Park lines; the State will

then have control of all the feeding grounds in the Adirondacks for deer.

Mr. James Galvin, Carthage, N. Y. (of Myers & Gatvin, owners of Fifth and Sixth
Lakes, Fulton Chain.)—Pass a law to stop floating. I heard of a great many deer
being wounded by night-hunters and never found. I would also stop hounding for
a few years. If deer are slaughtered for five years, as they have been for the past

five years, there will be few deer left.

Mr. Reuben Ross, Newton's Corners, Hamilton County, N.Y. (Guide and Woodsman.)
—In my opinion it would be best to do away with night-hunting in all of its forms,

and allow about twelve days longer for hounding. Then I think there would be less
deer killed.

Mr. C. D. Allen, Peru, Clinton County, N. Y.—Hounding deer is an unfair and cruel
way of hunting. Sportsmen should be allowed to hunt at certain seasons only; and,

then, by still-hunting.

Mr. George H. Mead, Piseco, Hamilton County, N. Y—I\t would be well to stop
hounds being brought in from other counties into the hunting districts. Now for,
example, there are some parties in Fulton county that come into Hamilton county,
parties of eight or ten with from six to eight dogs. They let them all go, and as these
dogs are in a strange place half of them get lost. Then they run the woods and kill

deer.
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236 REPORT OF THE COMMISSIONERS OF

Mr. Warren Humes, Harrisville, Lewts County, N. N. (Famous Hunter and Proprie-
tor of the Humes Prescrve.)—That the deer are rapidly decreasing in this locality is
positively shown by the fact that although this year there were twice as many hunters
and dogs as last they only killed about one-half the number of deer. The smaller size,
and more does than bucks, also goes to show that the deer are diminishing. Regarding
the deer that were found dead: it is the opinion of all old hunters and woodsmen that
the direct cause can be traced to the evil of hounding. It is estimated that of the total
number of deer driven to water by dogs, the hunter kills one-third on the spot; one-
third are shot and wounded so that they may die of their injuries; and the other third
escape in a heated condition, part of which contract disease and die the following winter,
because they are not able to procure food enough in their poor and enfeebled state.
I am told by reliable guides that in territories where deer are not hunted with dogs,
few or none have been found dead. The twelve dead deer that I reported were all
found in the country most frequented by hounds. In my opinion, if the present laws
remain, the deer will be exterminated in this locality within two years. The open
season for killing should not begin before October Ist, and should be allowed to run
through October and November to December Ist, or two months. That is time

enough.
It is very important that does and fawns should not be killed at any time; for

upon them depends the propagation of the species.
Hounding should be forbidden entirely, as that manner of hunting is most

destructive and detrimental to the increase and growth of Adirondack deer.

Mr. G. H. Rison, Morchouseville, Hamilton County, N. Y. (Custodian of Morehouse
Lake Club.)—I\t is reported by some of our townsmen that several deer were shot at
floating at night, and they were not found until they were spoiled. I for one am
against floating or night-hunting.

In my estimation more deer are killed in the lumbering section, by lumbermen, in
and out of season, than by all the other deer hunters that try to live up to the laws.
Some lumbering camps hire men to do nothing but kill deer for the camp in or out of

season.
This fall only three were killed at Morehouse Lake, about half the number of last

year. I am in hopes that something can be done to stop illegal deer killing. If that
is stopped, and all are made to live up to the law, we can have plenty of deer in the
Adirondacks. Otherwise the deer will not last long.

Mr. O. A. Cowles, Cedar River, Hamilton County, N. Y. (Hotel Proprietor.)—The
open season begins too early, for this reason; the 1oth of September is very warm
and if a deer is killed at that time it is of no use to the sportsman. It will spoil

before he can get it out of the woods.

FISHERIES, GAME AND FORESTS. cena 23307

Mr. Fits Greene Halleck, Nehasane, Hamilton County, N. Y. (Superintendent
Nehasane Preserves.)\—Our deer need more protection. We would say—do away

with jack-hunting and hounding.

Mr. Oliver St. Marie, Indian Lake, Hamilton County, N. Y. (Merchant and
Experienced Hunter.)—The law should be amended so as to stop floating. The season
should not open until September Ist, and it should last until November 1st. More
attention should be paid to the protection of deer. I approve of hounding.

I have not heard of any deer being found dead in the woods, except at Moose

River. Everyone that has been there claims that a good many were found dead there.

Mr. Edward F. Boehm, Newton's Corners, Hamilton County, N. Y. (Superintendent
Sacandaga State Fish Hatchery.)—F\oating is worse than hounding; for they kill lots
of does that have not weaned their fawns. Many are wounded which are not found
till they are spoiled. The season ought not to begin until September 17th. It should
close November Ist, and not give them any extra time to get their venison out, for
they will surely kill just to the last day.

If floating and hounding is not stopped, and is allowed to run for five years more,
the deer will be just as scarce as the moose are now.

Many of the guides here are in favor of stopping hounding deer altogether for five
years, but allow still-hunting for the regular length of time.

I live on a road where lots of parties have to go to get to the West Canadas and
Cedar Lakes; and I have seen lots of venison come out of the woods; all it was good
for was to throw to the hogs, for it will not keep after it has been run and shot down

in the water.

Mr. Joseph Sherman, Caroga, Fulton County, N. Y. (Hotel Proprietor.)—1 think it
would be an advantage to have some of the officials or protectors located in the vicinity
where the deer exist, so that when there is a heavy snow crust they can be watched

and protected; for that is the time when they are slaughtered the most, out of season.

Mr. Allen Olmsted, Potsdam, N. VY. (Woodsman and Hunter.\—Do away with
hounding; then, with the law as it now is in regard to the number each man may
kill, in five years the deer in the Adirondacks will be more than double. A good.
many deer are killed by men in lumber camps; but they are not wasted. It is
different with the deer that have been run with dogs. If they havea long race the
meat is frothy and black, and is not fit to be eaten by any man, but is fed to the dogs.

When I was a forester I have seen ten dogs at atime ona train going to the
woods to hound deer. Those dogs had to be fed, and the main feed they got was from
the game they killed. You will hear Franklin county men say that deer are thicker,

and more plentiful than they were ten years ago. Why? It is possible there is some

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REPORT OF THE COMMISSIONERS OF

truth in the statement, more particularly along the west line of Franklin county, for
this reason: All the lands along the county line in St. Lawrence county are preserved
from the middle of Township 12, “Riversdale,” south to the Hamilton county line.
Do away with the hounding throughout the State, and leave the balance of the law as
it now is. In five years there will be two deer where there is one now.

Mr. F. E. Abrams, Newton's Corners, Hamilton County, N. Y.—I have lived in this
locality almost seven years, and I don’t think there is one deer here where there were

four when I came here. It would be good protection to stop hounding for five years.

Mr. A. M. Church, Boonville, N.V. (Fulton Chain Guide and Taxidermist.)\—Make

the open season shorter than at present. September Ist to October 15th would be

ample. Place no restrictions on the mode of hunting.

Prohibit the killing of does and fawns; also the sale or shipment of venison or
trout, killed in this State, at any time whatever.

Allow one man to kill but two deer in a single season, and also restrict or prohibit
the catching of over ten pounds of brook trout by one man in one day.

All the best guides in the Fulton Chain region have advocated an amendment of
this kind for a number of years.

Mr. David Hunter, Tahawus, Essex County, N. Y. (Gamekeeper, Adirondack
Preserve.*)—I would propose to have the law changed in regard to stili-hunting and
night-hunting. Have it stopped entirely. There are more deer slaughtered in some
localities by night and still-hunting than in any other way.

Mr. Martin Moody, Tupper Lake, Franklin County, N. Y. (Pioneer Hunter and
Trapper and Guide.)\—The law should be changed from September 15th to October
zoth. All hunters are anxious to get a buck’s head to take away with them; and
from October roth to the 20th is the time the bucks are running. The does are then

hidden away, and so at that time the largest per cent. of deer killed would be bucks.

Mr. Bentley S. Morrill, Plattsburg, N. ¥. (State Game Protector.)\—The deer that are
killed in this section are driven from the denser woods of the Forest Preserve by
hounds. I would suggest the stopping of hounding for at least two years. People
owning dogs swear, when brought before a justice, that they were fox or rabbit
hunting. It would have a tendency to give us protectors a better show to protect
game.

Mr. Carlos Hutchins, Cedar River, Hamilton County, N. VY. (Guide.)\—To preserve
the deer it would be well to stop the killing of does entirely. In the vicinity of Moose

River there were eighty-three dead deer found this spring.

* The 96,000 acres around Lakes Colden, Sanford, etc., including the old Iron Works or
“ Deserted Village.”

FISHERIES, GAME AND FORESTS. 239

Capt. Thomas Montague, Crown Point, Essex County, N. Y—In my opinion no deer
should be killed except from the Ist day of October to the 31st day of October, both
inclusive.

Mr. Warren Pooler, Westport, Essex County, N. Y—There were more deer killed
this year than last; but do not think there were more deer in the town than there were

last year.

Mr. Edward S. Highy, Willsborough, Essex County, N. Y.—I think all the deer
killed in this town, except three, were perhaps driven from some place twenty to

twenty-five miles back, escaped the dogs and wandered afterward to this town.

Mr. Cornelius Carter, Benson Mines, St. Lawrence County, N. Y. (Gamekeeper,
Connell Preserve.)\—The winters of 1893 and 1895 were very destructive to deer in this
section of the Adirondacks, for there were no beech nuts for them to subsist upon
while the snow was very deep and the cold severe.

In the spring of 1893 I had occasion to go out from my camp about half a mile
early in April, the snow being mostly gone. I had nothing to guide me, yet I casually
ran on the carcasses of three. They were simply a rack of bones with the hides on.
The winter of 1895 was nearly as bad; for within a radius of half a mile of my camp
I could count ten carcasses. The oldest and youngest deer suffered the most. The
snow being about five feet deep, and no crust, they were unable to move about much.
There was no crust to hold them up so they could forage upon the browse, mosses and
toad-stools, and if they attempted to leap it was but to fall back in about the same hole.

It must be conceded that the destruction of deer during the winters of 1893 and
1895 was far greater than from the deadly rifle and shot-gun combined. If these
seasons are to continue, it will be necessary for the legislator to scratch his head and
rake out an idea which enacted into a law will prove a better protection to deer, or
there will be none to protect.

In my judgment if either hounding or jacking is to be abolished, I should be in
favor of stopping the hounding upon the following grounds:

First.—Because it has a tendency to drive the deer out of the country.

Second.—That during the fall months deer are fat, and after they have been run
from one-half to three hours they become so heated that when they plunge into the
cold water the muscles stiffen so that the poor creatures become like a foundered horse,

and never recover.

Third.—That it is cruel and inhuman. When they were allowed to hound on the
Webb tract, a distance of from seven to eight miles, they would run them almost
every day into the Oswegatchie, where I would frequently find them hidden under

the alders in the water near the shore with their heads just above the water, with their

240 REPORT OF THE COMMISSIONERS OF

- ears torn nearly off their heads, and their noses terribly lacerated by the hounds that
they had escaped. The Legislature enacts a law under the title to prevent “ Cruelty
to Animals,” and under its provisions arrest and fine a poor Frenchman $5.00 for
driving a poor lame horse to the mill that he might have a johnny-cake to keep his
family from starving; and during the same session enact a law legalizing the most
damnable and inhuman practice in the world, and all this to please men of means
who are too lazy to put on their moccasins and kill deer by their skill as a hunter.
They will hire their guides to put out the hounds while they themselves are perched
upon some rock or hidden in their boats awaiting the unsuspecting game that comes
bounding into the water (to escape the hounds in the rear) with blazing eye, bated
breath, and dilated nostril, only to meet the more deadly Winchester.

Again, I would not have you think that I favor jacking; but, if we can stop but
one, I would stop hounding. I see that the act introduced by Mr. Sanger to amend
Section 44, of the Laws of 1895, would allow hounding in this county. This, I hope,
will be fought to the death by our members as in the past. I certainly think that
such a law would be a great calamity to the people of our county, who have so long
and so nobly stood by this noble game that there might be one spot where the
baying hound will not be tolerated.

What I have said here is not to be considered by you as dictatorial. Far from it.
I only give my views, based on sixty years’ experience and after having been in the

woods six months consecutively in each year for the last fourteen years.

Abstract of Daws on Deer Hanting in the Varioas States
and Canadian Provinces.

Maine.—Open season from October 1 to December 1. Hounding and jacking
prohibited. Each hunter is restricted to two deer.

Vermont.—Hunting or killing deer not permitted. Close season all the year until
1900.

New Hampshire.—September 15 to November 15. Hounding prohibited. Hunters
limited to three deer each.

Massachusetts.—No deer hunting allowed. Close season during the entire year.

New York.—August 15 to October 31. Hounding permitted from September 10
to October 10. Hunter limited to two deer. No hunting allowed at any time in

Ulster, Greene, Sullivan and Delaware counties, and on Long Island.

FISHERIES, GAME AND FORESTS. 241

Pennsylvania.—October 1 to December 15. Hounding prohibited.

Ohio.—October 15 to November 20.

Indiana.—October 1 to December 31. Hounding prohibited.

Michigan.*—November 1 to November 25. Hunter limited to five deer, and must
procure license. License fee for residents, 50 cents; for non-residents, $25.00.

Wisconsin.—November 1 to November 20; except in Sheboygan county, where
deer are protected until 1900.

Minnesota——November 1 to November 20. Hounding prohibited. Hunter limited
to five deer.

Missouri.—October 1 to December 31. NHounding prohibited; also the killing of
does and yearlings.

Manitoba.—October 15 to December 15. Non-residents must procure a license,
for which the fee is $25.00.

Ontario.—November 1 to November 15. Hunter limited to two deer. Non-
residents must procure a license; fee, $25.00. Hounding permitted. ‘All sneaking
devices” and Sunday shooting prohibited.

Quebec.—October 1 to December 31. MHounding prohibited. Hunter limited to
three deer. Non-resident license, $20.00; but members of an incorporated club may
obtain a license for $10.00.

Nova Scotia.—Deer hunting prohibited. Close season all the year.

New Brunswick.—September 15 to January 1. Hounding, night-hunting, and
Sunday shooting prohibited. Each hunter limited to three deer; but if in a party of
three or more, he is limited to two, exclusive of guides.

The deer laws of the Southern and Pacific States are omitted, as they are based on
climatic and natural conditions widely different from those existing in the Northern
States and Canada.

All of which is respectfully submitted,

WILLIAM F. Fox,
Superintendent of Forests.

*In Michigan, reliable reports from 47 counties show that over 8,o00 deer were killed in the
season of 1894. These reports were made to the Chief Game Warden. There were 3,423 deer
shipped from various points, and there are reasons for estimating the number killed at 10,000.

Forest Pires.

URSUANT to the requirements of Section 279, Chapter 395, Laws of
1895, we submit the reports of the various firewardens in whose towns
forest fires have occurred in the year 1895.

There were two large fires in the Adirondack Park and one in the Catskill
region, neither of which occurred on State land. The large number of incipient fires
which were extinguished indicates that the firewardens were vigilant and prompt
in the discharge of their duties.

By the Law of 1895 the entire expense of fighting forest fires was made a State
charge.* The aggregate bills presented under this law, including the expense and

services of the firewardens in posting the ‘“‘ Rules and Regulations,’ amount to

$1,919.95.
ESSEX COUNTY.

C. A. Jordan, Firewarden for the town of Elizabethtown, reports :

A fire occurred in Elizabethtown on Lots 173 and 177, Iron Ore Tract, on
October 24th and 25th, which burned over about fifty acres. The damage amounted
to about fifty dollars, I think. It being late in the fall, and the leaves all off the trees,
I can hardly tell the exact amount. I warned out Elbert Daniels, Ira Daniels and
Alexander Pasneau. We worked on the 24th all day, and at night we had it under
control. But the next day it broke out again, and I had to warn them out again.

James Patten with six of his men fought the fire on the south side of the hill two
half days to keep the fire from burning his pulp wood. The wind being in the south,
we thought there was no trouble on the south side of the hill. It rained on the night of
the 25th and extinguished it. The reason I have not reported before was because I
heard it hinted that the fire was set. But I find that the report came from some hard

feeling between neighbors. The origin of the fire is not known.

E. C. Wiley, Firewarden for the town of Ticonderoga, reports :

A fire occurred in this town on July 12th. I am unable to ascertain the cause,
but it was probably set by berry pickers. It occurred on what is known as ‘“‘ Cook’s

Mountain,” and about thirty or forty acres were burned over. The amount of damage

* Amended in 1896, making one-half the expense a town charge, and one-half a State charge.

242

REPORT OF THE COMMISSIONERS OF FISHERIES, GAME AND FORESTS. 243

I am unable to state, as the wood was very small, and a great portion of first growth
had been cut off heretofore. I employed two men, and we worked nearly all night.

I visited the place of the fire the next day, and saw that no further damage could
be done. The fire was probably accidental. As a rough estimate, I should say the

damage was two or three dollars per acre.

Cassius N. Winch, Firewarden for the town of Wilmington, reports.

On the 15th of September I was notified by Alpheus Perry that he had a fallow
to burn and wanted me to be present. I went on the 16th, but the wind blew so
hard that I forbid him setting any fire on that day. On the 17th I went there again,
and he started his fre. We burned over about ten acres of fallow ground.

I went there again on the 25th of the same month and we burned over about ten
acres more. No damage was done to anyone. The fire was set for the purpose of
clearing land in the town of Wilmington near timbered land belonging to other
parties.

On June 25th I worked one day in putting up fire notices. Please send me some

more notices.

FRANKLIN COUNTY.

Martin Moody, Firewarden for the town of Altamont, reports :

On July 6th I discovered a fire on Mount Morris, in Township 25. It was supposed
to have been started by a man that was lost in the woods in going to a lumber camp.
It was very dry, but after hard work I succeeded in confining it to the district that
had been lumbered. Very little damage was done outside of the middle third of the
township. It burned over about one thousand acres around the top of the mountain.
The damage was largely where-the fire ran out of the lumbered land. I should
estimate the damage at $500.

At this same time a fire started on the west side of Big Tupper Lake, at Grind-
stone Bay, in St. Lawrence county. It burned along the shore of the lake,
destroying about thirty cords of hemlock bark and some spruce timber. It burned
over about twenty acres. I estimate the damage at $200, not counting the injury to
the scenery on the shore. I got it stopped at each end of the fire. This fire was
started by campers.

Still another fire was burning at this same time on Green Island, at the lower end
of Big Tupper Lake. This island contains about seven acres, and before the fire
could be stopped it ran over about three-fourths of the ground. It killed most of the
timber on four acres. The damage was $50. It started from a camp fire left by a

party of tourists.

244 REPORT OF THE COMMISSIONERS OF

On the 14th of July there was a fire at Gull Pond, which was put out easily. It
burned over about one-half acre. Damage $5. The origin of this fire is unknown.

Small fires started up also at Bridge Brook Bay, Hamlin Bay, Back Island Bay, and
on Long Island, all of which I put out before any damage was done. After careful
investigation I find that all of these fires were started by hunters and fishermen who
failed to put out their fires on leaving camp or stopping places. There was not much
actual damage done; but it was a very dry time, and if these fires had not been

thoroughly attended to, a large amount of property would have been destroyed.

James Wardner, Firewarden for the town of Brighton, reports:

On May 2, 1895, a fire occurred in this town near the line of the Adirondack and
St. Lawrence Railroad which was started by sparks from a locomotive. It happened
on the premises of Dayton Bryant and Lorenzo Chase, and if it had not been fought
promptly would have destroyed their houses and barns. About five acres were burned
over. No damage. Expense in fighting this fire was $6.00.

On May 25th a spark from a locomotive on the Adirondack and St. Lawrence
Railroad caused a fire on the premises of J. M. Wardner. Two acres of meadow were
burned over. Damage $20. Cost of extinguishing same and watching fire, $4.

On July toth a fire on some waste land was set by a train on the Adirondack and
St. Lawrence Railroad. About one-half acre was burned over. No damage.

Expenses, $1.00.

Paul Smith, town of Brighton, reports:

A fire occurred in this town July 30th, 1895, on Lot 84, Township 18, which burned
over one hundred acres. The damage, at a low estimate, amounted to $200.

A town highway was being built through the land referred to, and the men were
burning the timber, brush, etc., as fast as the right of way was cleared. On account of
the heavy winds they lost control of the fire and could not stop its spreading over the

ground mentioned.
James W. Littlejohn, Forester, of Loon Lake, Franklin county, reports:

On Saturday, May 25th, 1895, a fire started by James Hodge, town of Franklin,
for the purpose of clearing land, got beyond his control, and did considerable damage
to forest land belonging to Edward Denio and others, and endangered forest land
belonging to the State. He had a “‘bee”’ that day to assist in clearing the land. The
fire was started several days before, but did not become unmanageable until Saturday.
Mr. Hodge told Mr. Denio that he was not going to burn the fallow, but would have
the firewarden do it. But he neither notified the firewarden nor the owners of
adjoining lands. The people are anxious that the man shall be punished. I have

to-day sent the particulars to the district-attorney.

FISHERIES, GAME AND FORESTS. 245

FULTON COUNTY.

Frank B. Warner, Firewarden for the town of Johnstown, reports:

A fire started in this town on July 24, 1895, about three miles west of the city of
Johnstown. About three acres of farming land were burned over, but no damage was
done, as the crops had been removed. The cause of this fire is unknown. It started
on the highway about three P. M. No one was employed in extinguishing it.

On October 19th, a small fire started at a place four miles west of Johnstown. It
was caused by a party who were gathering chestnuts and who built a camp fire, which
spread and got into a hollow hemlock tree. No damage was done or expense incurred
in putting it out.

On October 28th and 29th, a fire occurred about one mile west of Gloversville, and
burned over about fifty-one acres. It started in the latter part of the afternoon onthe
28th and burned until the next day. It destroyed $500 worth of pine timber. The
cause is unknown. Marcus Fosmire and Lorenzo Phillips were employed to assist in

extinguishing it.
Orrin Cross, Firewarden for the town of Indian Lake, reports:

A forest fire started July 30th, on the southeast quarter of Township Thirty-two,
on lands owned by Underwood and Moynehan, and the Morgan Lumber Company. I
saw the smoke as soon as the fire started, and went there with three men as soon as
possible. It was so hot we could do nothing then. But at night we dug ditches and
put out as much fire as we could. We got it under control, and were able to keep it
from spreading until it rained. It burned over about twenty acres. All the valuable
timber had been taken off the land, and so the damage was slight.

I could get no clue as to the cause of this fire. It was very dry atthe time. It
could have started from a pipe or dropping amatch. It sprang up by the side of a road
leading to some lumber camps. Several men traveled through there that day, but

none of them seemed to know anything about it.

HAMILTON COUNTY.

F. W. Abrams, Firewarden for the town of Arietta, reports:

Two fires were started in this town in June, 1895, by parties who were clearing
land and who let the fire get away from them. In putting out the first fire I employed
five men to assist me. No timber was burned and but little damage done.

The second fire did no damage. I put it out without assistance.

The third fire was on State land and occurred the last of June. It was started by

some parties that made a smudge to keep off gnats. It burned over about one acre.

246 REPORT OF THE COMMISSIONERS OF

No timber was destroyed, and not much damage done; only the looks. At this last
fire I employed four men besides myself.

W. H. Lawton, Firewarden for the town of Hope, reports:

In the month of September, a fire, started for the purpose of clearing land, escaped
and ran over twenty or twenty-five acres, which were covered mostly with briers. No
damage was done, as it was stopped before it reached any valuable timber.

P. Hanley, Firewarden for the town of Wells, reports:

I was present as firewarden at fallow fires at the following named places:

May 2—A. Francisco, i : 2 Wells, F : . 2 acres.

““ 4—Jerome Woods, . 5 5 is 1%
“ 6—D. B. Gallop, i : ; & 24%
«« 4—George Spencer, . F : of Dip
“ 8—Edward Slack, : é : B “
“ —g—James Pease, 3 5 . Griffin, : . 9 —
““ to—Fred. Van Every, . ; : a : 6 : 3 sf
“ yi—N. Wager, . : : : — ; am : 2 ee
““ 72—Jerome Mattice, . : 5 - c : : 214

In nearly all these cases I had the owners of the land make careful preparations
against the spreading of the fire; consequently no damage was done to outside parties.
All these fires were in the town of Wells, and were set by the owners or residents of
the property for the purpose of clearing their land, with one exception. The fallow
on James Pease’s farm was set fire to by some person unknown, and the fire got into
the adjoining woods. But by hard fighting it was extinguished before any serious
damage was done.

Robert Hanley, District Firewarden in the town of Wells, reports:

I was present and assisted as district firewarden at fallow fires in various places

as follows:

1895.

May 6—George Stewart, . . : Windfall, . . : 2) acres:
«« 8—Milo Corey, : : ‘ Wells, : 5 ; 1%.‘
“ j0o—Arthur Mattice, . : ‘ BG ‘ F P my &

The above fires were set by owners or residents after due and careful preparation.

By means of water and “threshing” the fire was kept from running.

Herbert Snell, Firewarden for the town of Benson, reports:

In June, 1895, I had quite a fire on Lots 116, 118 and 119, Benson Township, and
on the corner of these three lots. This land had been burned over once before. This
time about twenty-five acres were burned over; but no damage was done, because
there was nothing but blackberries on it. I was at work five days before I could put
it out, and I had three men at work with me.

FISHERIES, GAME AND FORESTS. 247

I have attended quite anumber of fallow fires. If you want me to make a report
of those also, I will do so.
The fire on Lots 116, 118 and 119, in June, was started by some person unknown.

B. F. Merwin, Firewarden at Blue Mountain Lake, reports:

There were no fires in this district to do any damage. Several fallows were burned
without doing any injury. There was one forest fire on the south side of Blue Moun-
tain that was started by someone who built a camp-fire, and went away and left it

burning. I had it put out before any damage was done.

HERKIMER COUNTY.

J. M. Richard, Firewarden for the town of Wilmurt, reports:

There were no fires in this town during the past year except on the line of the
railroad, about two miles above Old Forge. It burned over less than half an acre,
and occurred before I was notified ef my appointment.

Part of what we call, or is commonly called, the Potter Hills, were burned over.
That was also before I was appointed. That hill covers about 300 acres, and has been
burnt over, or partly over, every year or two since I have lived in this town, and that
is since 1865. But the burned spot is not fifty acres larger now than thirty years ago.
It grows up with brakes and briars, and burns over rapidly. The people in the near
vicinity watch it pretty close, as it lies among us residents, and we take care of it.

There has been no fire of any account the past season, and the charges I have
made are for putting up the notices. I have made no charge for fighting fire. But
it is one of the best things we can do to keep these notices posted. It shows the
people there is a firewarden. I think it is the means of parties being more careful of

their camp-fires, for they might run across the firewarden.

Henry Conklin, Firewarden for the town of Wilmurt, reports:

On June Ist there was quite a forest fire in the central part of this town, known as
North Wilmurt. The fire was started by some unknown person, along the highway
leading from the town of Russia up the Black River towards North Lake, on Great
Lots 15, 16 and 12, in the Remsenburg Patent, between the highway and the Black
River, mostly on the north side of the highway. There were nearly 200 acres burned
over. It was on land that has been partly cleared by a few residents, and all the
valuable timber has been cut away years ago. What scattering trees remained had
been more or less burned. The old dead tops were falling down, and with the briers
and bushes that grow and die yearly to encumber the ground, made it a fit place for

forest fires. It burned a day or two, when there came a heavy rain and put it out.
*

248 REPORT OF THE COMMISSIONERS OF

No one notified me of the fire. I went over there afterwards and looked over the
territory. In my estimation there was not over $100 worth of valuable substance

destroyed.
LEWIS COUNTY.

Charles C. Brown, Firewarden for the town of Greig, reports:

On July 26th and 27th there was a fire on Lots 13 and 14. _ I extinguished it with
one assistant. I did not appraise the damages at any fixed amount, for the reason
that the lands had been denuded of all timber, and nothing remained but brush

and briers.
St. LAWRENCE COUNTY.

Charles F. Thomas, Firewarden for the town of Clifton, reports:

On July 3d 1 put out a fire with the assistance of one man, and on July 15th I
extinguished another with the assistance of one man; also on July 17th with one
assistant.

On July 21st there was a fire at which I warned out six men besides myself. There
was little or no damage done, as the fires were extinguished promptly. I could not
find out their origin. I think they started through the neglect of campers. It was

very dry at the time.
SARATOGA COUNTY.

Anson J. Larkin, Firewarden for the town of Ballston, reports:

We have been very much favored as to fires this season. There has not been the
usual number of forest fires, although we have had the dryest season for many years;
not sufficient rain to wet the ground as deep as we plow. The fires this season were
as follows:

September 20, 1895, in the hickory grove of S. W. Buell, near Ballston Lake
Station of the D. & H. R. R. I employed help, and the fire was soon extinguished.
Not over half an acre was burned, and very little damage was done.

October 28, 1895, a fire broke out along the D. & H. R. R. about half a mile north
of the Ballston Lake Station. It must have started about 3 P.M. It was seen, but
thought to be of little consequence, and I was not notified until early in the evening,
about 6 P. M.

The wind blew a gale all the afternoon, but subsided at sundown. George D.
Buell notified me of a fire in the woods of Mrs. McKinley, near Ballston Lake.

I employed help, and repaired to the place with pails and shovels. The fire was raging

FISHERIES, GAME AND FORESTS. 249

and spreading rapidly. All went to work with a will. I employed all who came, and
they went to work with hemlock boughs whipping out the flames. We soon began to
conquer the fire in the leaves, but the dead trees, stumps and logs were still blazing,
and occasionally a fresh brand of fire would be blown beyond us, and start a fire in
a new place. We worked all the evening fighting fire.

The section boss on the railroad was notified of the fire, and he responded promptly
with all his men. They brought shovels and pails, rendering valuable assistance until
we had the fire under control. We then went away and got our suppers, after which
two of the men returned. They found considerable fire, and remained all night. They
carried hundreds of pails of water.

This fire started near the railroad track, and ran east towards the lake. There is
an extensive swamp between the railroad and the lake, but it was nearly dry, and the
fire spread nearly across the ravine. The muck anda large amount of leaves, limbs and
dead trees were on fire, and if the flames had got in the woods beyond the swamp, in
which there are many beautiful cottages, much damage would have been done. It
was to prevent this that I sent the two men back for the night, and they had a very
busy night. Four or five acres were burned over. The fire was in two places.

October 29th another fire was started in the lake woods. I was notified by Albert
West, and taking some help with me went to the place. I found the railroad men had
put out most of the fire; but it would have spread again if we had not stayed and
finished the job. This fire was on the lands of the late S. W. Buell, on the west side

of the railroad. About one-quarter of an acre was burned over.

H. D. Stone, Firewarden for the town of Luzerne, reports:

On May toth a fire broke out in the town of Luzerne, on lands owned by Wilson
Smead, caused by parties burning a fallow. It ran over about 100 acres of land belong-
ing to private individuals, causing damage to the amount of $500. I ordered out six
men as soon as I heard of it, and after fighting fire all night put it out with the aid of
other parties.

SULLIVAN COUNTY.

William Ruddick, Firewarden for the town of Lumberland, reports:
We had two forest fires during the past year. One occurred May 25th, and one

October 26th, covering about 400 acres of land in all. The damage amounted to
about $400.

WARREN COUNTY.
William Merrill, Firewarden for the town of Johnsburgh, reports :

May 2Ist, 1895, there was a fire on Edwards’ Hill, on or near Lot 149. It is

supposed to have been started by a fishing party, by throwing down a lighted cigar or

250 REPORT OF THE COMMISSIONERS OF

something of the kind. It was put out by myself and one man. It burned over about
one acre. No serious damage done.

May 21st there was a fire at Truman Ward’s, caused by burning a few brush heaps.
I employed two men besides myself, but it soon got beyond our control and spread
over about seven acres. We then dug trenches around the fire and stopped it.

May 27th a fire started on Lot 33, which was put out by myself and one man. It
burned over about half an acre. Cause unknown.

May 20th there was a fire in Dutch Washer’s woods. It was caused by a burning
fallow. S. T. Thomas took charge of it and put it out, as I was called to the south
part of the town.

May 30th had a fire on Glen Road, Lot 14. I was notified by Gilbert Pasco that
it was burning near his buildings and near State lands. I ordered out nine men, and
kept it off from the State lands. It burned over about sixty acres. I was unable to
appraise the damages. It was caused by a fishing party on Glen Brook.

There was also a fire in Robert Wakeley’s woods which escaped from a burning
fallow, but it was kept under control and no serious damage was done.

June 17th there was a fire in Moses’ woods, which lasted four days. Moses had
burned some log heaps, and supposed the fire was all out. He went away into the
lumber woods to work. The fire started up in the muck. The wind from the south
blew it up and took it into the woods near by, where it raged fiercely. We worked
hard, but it was the fourth day before we could get it under control. We had to carry
water a long way. It burned over about six acres on Lot 70 and four acres on Lot 51.
Damage $130.

September 5th I was engaged in appraising damages where a fire had caught from
an engine on the Adirondack Railroad in S. C. Armstrong’s woods. Damages $50.
Paid by the D. & H. R.R. Co.

September 23d there was a fire on Edward’s Hill, Lot 27, caused by a burning
fallow. The fire was kept off State land.

September 28th there was a fire on or near Lot 55. Ellis Dunklee was burning
brush. It was kept under control.

October 19th a fire started on Lot 61, near Kibbe Pond, caused by a hunting party.

It ran over about sixty acres of State land, doing damage to the amount of $100.

William Merrill, Firewarden for the town of Johnsburg, reports also:

The fire near South Pond—better known as Fish Pond—has burned over about
300 acres, half of which is State land. We worked hard, but the wind blew strong
from the south, and the fire was beyond our control. We have it now (June 17th)
under subjection. If the wind does not rise we will have it all put out by noon

to-day.

FISHERIES, GAME AND FORESTS. 2

OV
H

This fire was supposed to be set by parties from Green Island who were fishing in
that vicinity, but there is no positive proof as yet. It did a good deal of damage. A
man who was intending to build in that vicinity had some shingles and lumber burned.
His loss was about $1oo.

A. O. Ingraham, Firewarden for the town of Thurman, reports:

May 23d, 1895, a fire occurred on Lot 39, State land, in Hyde Township. The
origin of the fire is not known. About 130 acres were burned over.

June roth, 1895, there was a forest fire on Great Lot 20, Township 29, Totten &
Crossfield purchase. Origin unknown. About sixty-five acres were burned over.
Damage $200. All of the timber was killed on the burned territory.

June 29th, 1895, forest fire on lot 13, Range 9. The damage is not fully known.

I estimate it at $40. The fire ran over about 400 acres.

J. D. Gates, Firewarden for the town of Bolton, reports:

On June 15th there was a fire on Tongue Mountain at Lake George. I employed
three men to fight it. It burned over about eight acres before it was extinguished.
No damage was done, for the land was covered with small brush only. The cause of
the fire is unknown.

I assisted and supervised at the burning of fallow fires on May 23d, 25th, and on

June 13th. None of these fires were allowed to spread beyond the fallow.

18

252 REPORT OF THE COMMISSIONERS OF

Sammary.

The law requires that “a consolidated summary of these returns by counties shall
be included in the annual report.” In accordance therewith we submit the following
recapitulation :

Date County Acres Damage Cause
May 2, 1895. Franklin 5 $12 00 Railroad locomotive
May 9g, s Hamilton 10 20 00 Clearing land
May 10, ‘“* | Saratoga 100 500 00 as io
May 21, “ | Warren 7 15 00 & Gs
IMENT gy, 1 2 Warren 130 300 00 Unknown
May 25, “ | Franklin 2 20 00 Railroad locomotive
IMMER Als ace _ Franklin 20 60 co Clearing land
Miawyas2ichnens Sullivan 200 300 00 es a
Miya sO ice Warren 60 200 00 Fishermen
june as ne Herkimer 200 200 00 Unknown
June 6, es Hamilton 5 10 00 Clearing land
Jems ak | Hamilton 25 50 00 Unknown
uneiscng esc alee Varnen 8 20 00 Clearing land
Junewa7 eso) |) Waren IO 130 00 cs 46
Juneenoy 0k" Waren 65 200 00 a
Jai 2, Warren 40 100 0O oe Gs
June 30; Hamilton I 8 00 Insect smudge
July 6, us Franklin 1000 500 00 Campers
July 6, 4 Franklin 20 200 00 et
July 6, a Franklin 7 5° 00 a
Julyano, | eranichin! I 4 00 Railroad locomotive
wy was | Essex 30 60 00 Berry pickers
Julies ag Franklin 2 I5 00 Fishermen
alyaenese ws: Franklin I Ge) 1) Unknown
Jilhy ony 6 St. Lawrence 20 60 00 Campers
July oa, © Fulton 3 6 00 Matches
July 20, ° & Lewis 10 20 00 Clearing land
aby gen Franklin 100 200° 00 se 3
Julyesoue 2), elamuilton 25 25 00 a a6
Septgou) | Saratoga 5 40 00 Railroad locomotive
OCs: HO, 9% Fulton I 4 00 Campers
Oct i109; “ Warren 60 200 00 Hunters
OXeiR. wels | Essex 50 50 00 Unknown
OC 2o,.. % Sullivan 200 200 00 Clearing land
OG Bey, % Fulton 5 500 00 Unknown

Total number of acres burned over . : 0 2,448.

Total Damages : 0 : é 5 9 $4,309.

FISHERIES,

Clearing land
Railroad locomotives

Camp fires . 6
Fishermen . s
Hunters 5

Berry pickers

Insect smudges
Careless use of matches
Unknown . :

Total

GAME

AND FORESTS.

The thirty-six cases reported may be classified as follows :

.
.
OS ee on

|

.
Ww
[ony

The Chinese Pheasant.

By Hon. S. H. GREENE, oF PORTLAND, OREGON.

OUR kind favor requesting information regarding the Mongolian, or Ring-
necked pheasant duly received, and I hasten to answer to the best
of my ability.

The Ring-neck pheasant is certainly one of the hardiest and handsomest game
birds of the earth. A cock in full plumage would make an Oregon rainbow turn
green with envy. The hen, while smaller and not so gaudily dressed, is equally wary,
hardy, active and diligent, as is evidenced by her domestic exhibits—three broods
a year, averaging at least a dozen chicks each (Oregon climate). | When the hen
brings her brood off, the cock generally takes charge of the younglings, while Mrs.
Ring-neck starts right in on another brood. The eggs can be hatched under the
domestic hen, but the Ring-neck will breed in confinement. The Mongolian or Ring-
necked pheasant, as its name would indicate, is a native of China. Here in Oregon
it is always spoken of as the China pheasant. There are, I believe, thirteen varieties
of pheasants in China. In fact, China is known as the home of the pheasant. On
the Island of Formosa (recently Japanned) is found the Swinnos; in the Ningpo district,
the Elliot and Darwin; in Tschitzuen, the Reebes and Amherst. These varieties took
their names from the foreigners discovering them. Then there are the varieties in-
troduced into this country by Hon. O. N. Denny while he was United States Consul-
General at Shanghai, and others. Something like fifteen years ago Judge Denny sent
to this country, besides the Ring-necked, the green or Japanese, the copper or Schol-
meringu, the Tragopan, the Silver, and the Golden. He sent about fifty pairs of the
various kinds mentioned, none of which cost him less than eight dollars per pair. At
that time the old Multnomah Rod and Gun Club was in existence, and it proceeded to
take charge of the birds. The pheasants were placed on Protection Island over in Puget
Sound, and a man was hired to take care of them. The club afterwards broke up in
debt to the man in charge of the pheasants, and he, in order to get even, leased the
right to shoot the birds to certain San Francisco and other parties. Oregon never got
the benefit of that first lot of pheasants, but I am informed that the birds thrived and
are now very numerous on the island. If the birds had gone into the hands of the
Oregon farmers, instead of the club’s, we would have plenty of all these varieties now.
But Judge Denny was not disheartened, and generously sent us another invoice, of
Ring-necks only. To-day Oregon, west of the Cascade Range, is full of them, and
they are here to stay. They are good breeders, very hardy, and they never “tree.”

254

REPORT OF THE COMMISSIONERS OF FISHERIES, GAME AND FORESTS. 255

They will get up on fences, stumps and lower limbs of spreading trees when unmo-
lested ; but they do not seek refuge in trees like the blue grouse and native ruffed
grouse when flushed. When they become aware that they are pursued by either
man or dog they put their trust in their heels, and quietly but very quickly “take a
sneak,” as it were.

If the hunter expects to get a shot he must move lively and keep close to his dog,
with his gun in readiness for instant use when the bird flushes. The bird will run just
as long as there is any show to evade his pursuers in a foot race. Then he arises
with a whirr and cackle, flies very strong, and alights with his feet moving for another
race. And as he always alights on the ground and never in a tree, you can see how
little show the pot-hunter stands with him. It takes an active dog to flush him at any
time and a quick shot to drop him, for he is very cunning, alert and strong.

You ask as to the probability of the birds becoming acclimated in New York and
New England States. Judge Denny has favored me with many delightful chats about
the bird in his native land, and we have often discussed the question of whether he
can withstand the rigors of Eastern winters. We agree that they can, so far as the
cold is concerned, but the other part of the proposition, sow, can only be determined
by experiment. Judge Denny tells me that he procured some of the birds from about
the Mongolian hills, where the thermometer sometimes goes down to forty degrees
below zero. But he thinks that the birds had less snow to contend with than they would
have in New York and the New England States. So far as cold is concerned, they
can live and prosper anywhere in the United States. How well they can stand snow
is now being tested in various places, and we are watching the solution of the problem
with much interest. Of course, they easily adapt themselves to the country and
climate of Western Oregon, for although we have much rain we have very little cold
weather and scarcely any snow. In many respects our country and climate is similar
to the “Flowery Kingdom.” The birds are certainly very hardy, and are better
“rustlers’’ than either the Bob White or ruffed grouse. On occasions of snowy or
extremely bad weather they seek out protected places, and even go to the barn-yards
for provender. Cold, dry snow seems to have little effect upon them, but with wet
snowballs on their long tails they cannot take to wing, and they become helpless vic-
tims to the country urchin and varmints. They are not subject to any of the diseases
of the native ruffed grouse, to my knowledge. Neither are they bud eaters, although
(possibly) they might take to buds in time of deep snows, when their regular rations
from other sources are shut off. I do not state this as a fact, but simply suggest it as
probable. They are insectivorous, as much so as the pinnated grouse of the prairie
States. The Chinese farmers never shoot the birds or do anything which tends to

frighten them from their fields, as they hold them friends, rather than enemies, doing

256 REPORT OF TIIE COMMISSIONERS OF FISHERIES, GAME AND FORESTS.

far more good to their crops than harm. When they take them for food it is with nets
and alive. But they do eat grain, particularly wheat. It has been claimed by some of
our farmers that were seeking excuses for killing them that they lead their young to the
ripened wheat fields, and, flying close over the heads of the grain, whip out with their
wings a good breakfast and more for themselves and their young. I more than half
believe that they do, for Mr. Ring-neck believes in eating plenty, and that of the best,
but he is not only willing but anxious to recompense the farmer for all the forty-
cent-a-bushel wheat he destroys by destroying bugs and insects that are even more
destructive to the grain fields.

They like open but bushy country, with adjacent meadows and farms. It is in
such places that we generally find them. There they live and breed. The Ring-neck
is never found in heavy timber. In regard to their introduction in new countries, I
incline to the belief that the best plan is to keep the birds over winter in confinement,
liberating them in the spring near where they are expected to make their home, say

about the first of April in New York.

Semmer Woodcock Shooting.
I (Es WVULICS,

N giving consent to have my woodcock pictures reproduced in your Annual
| Report, I do so in order that the Brotherhood of Sportsmen may have the
satisfaction of seeing in the picture what I, with some of my friends, saw in the
reality, and which I
am assured by many
sportsmen is a very
rare occurrence. I[
have always been
opposed to spring
and summer shoot-
ing, and think the
law should provide a
close season on all
birds from December
Ist to October Ist.
These photographs were taken June 28th and
the young hatched the 30th. When July 4th

was the beginning of the open season, some
sportsman would drop in that cover, the dog
would point, he would walk up to the bird,
and, if successful in his shot, would kill this
mother bird; then what would become of the
three young ones five days old? I hear some
one say: “But they don’t all hatch as late as
this!” This is true, but how many sportsmen
have shot woodcock on August Ist that were
nothing but bone and pin feathers. Another
says: “A brood of woodcock hatch near my
house; they will move out by August 15th,
then I can’t get them.” They do move out,
~ ee but would: not some others move in, and

during the season would not all get their

share of the birds? The present law, August 15th, is not late enough for either

woodcock or grouse. Woodcock are in no condition for the table in August, and

257

258 REPORT OF THE COMMISSIONERS OF FISHERIES, GAME AND FORESTS.

grouse are not able to take care of themselves. I know of two men who killed four-
teen grouse the first: day of the open season, and four of these were knocked out of
the bushes with sticks; another told me he shot five without moving out of his tracks.

Now, Brother Sportsmen, we have got to be up and doing if we wish our children’s
children to know anything about native game birds. Here is where I stand: Close
the season on all birds from December Ist to October ist. Why can’t my boy hunt
meadow larks in Columbia county while other boys are hunting them on Long Island ?
Another man says, “he is a crank; why, he would deprive us of duck shooting in the
spring.” Yes, I would; for every pair of ducks shot in the spring there are ten ducks
less to return in the fall; just so with snipe and geese. Our short-sighted friends are
living only for self and present; they can’t see that ‘they are killing in the spring the
goose that would lay the golden eggs in the fall.” My friends, after we are gone the
ducks will come and go just the same, but not so many of them. The position we
take and the protection we desire will keep up the numbers in the future. It has been
said by legislators that we are selfish ; that the sportsmen from any ten counties in
the State would never be able to agree upon a game law. This may beso. Some
have friends who have hotels and must have game for the table; must have the season
open early so they can advertise good shooting and fishing on the back stoop. Some
may have friends that are market shooters (they call them sportsmen; I can’t), and I
don’t believe while there is a money consideration at the end of a day’s sport a man
can be called a sportsman. I don’t believe that a man who sells game will enjoy the
sport and go out as much, when he can’t count up at night ten partridges worth five
dollars, and the market shooters in Columbia and Dutchess counties kill more game in
the season, ten to one, than the sportsmen. They hunt every day, from early morning
until late at night, from the opening of the season until the close. Why? Because
there are dollars in it: iS

Now, Brother Sportsmen, this, I believe, is a matter upon which each of us must
sacrifice some of our individual opinions in order that the game may be protected and
the whole body of sportsmen thereby benefited. If you believe that I am too severe,
I ask you this question, Is it not better to err upon the side of severity, and thereby
save and perpetuate the game, rather than by too lenient laws cause its destruction

and perhaps extermination? Let us be united and protect the game at all hazards.

WOODCOCK NESTING.

From Photographs of Living Bird.

No. 1. Was first taken. No. 2. Is the same, except a stick was used to lift the bill of the bird. No. 3. Camera

placed eighteen inches from the bird No, 4. The bird was lifted from its nest and the eggs photographed.

[isheries,

(jame and forest [aw

of the

State of New York,

Relating to

Game, Fish and Wild Animals, and to the Forest
Preserve and Adirondack Park,

As Revised and Enacted by the Legistatare of 1395 and

Amended by the Legislature of 1596.

State of New York.

Commissioners of Fisheries, Game
and Forests.

BARNET H. DAVIS, Patmyra, N. Y., resident.
HENDRICK S. HOLDEN, Syracuse, N. Y.
WILLIAM R. WEED, Potspam, N. Y.
CHARLES H. BABCOCK, RocuestTer, N. Y.
EDWARD THOMPSON, Nortuport, L. I., N. Y.
CHARLES A. TAYLOR, Assistant Secretary.

Standing Committecs.

Forest Preserve and State Lands.

Wirtitram R. WEED, Henprick S. HoLpeEn, Barnet H. Davis.
Execative.
HeEnprIcK S. HOLDEN, CuHariLes H. Basgcock, Barnet H. Davis.

Hatcheries, Fish Caltare and Game.

CHARLES H. Baxpcock, Epwarp THOMPSON, Barnet H. Davis.

Shellfish, BWicenses and Permits.

EDWARD THOMPSON, Hewnprick S. HoLpEn, Barnet H. Davis.

eoistation.

BarNeET H. Davis, Wititiam R. WEED, CHARLES H. Bapcock.

Fisheries, Game and Forest Baw.

CHAPTER 305.

AN ACT to amend the game law and to repeal chapter three hundred and thirty-two
of the laws of eighteen hundred and ninety-three, entitled “An act in relation
to the forest preserve and Adirondack park, constituting articles six and seven

of chapter forty-three of the general laws.”

BECAME a law April 25, 1895, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as
follows :

Section 1. The title to chapter four hundred and eighty-eight of the laws of
eighteen hundred and ninety-two is hereby amended to read as follows:

“An act relating to game, fish and wild animals and to the forest preserve and
Adirondack park, constituting chapter thirty-one of the general laws and to be known
as the fisheries, game and forest law. ”

§ 2. Articles one and two of chapter four hundred and eighty-eight of the laws of
eighteen hundred and ninety-two, known as the game law, are hereby amended to read
as follows :

Article 1. Fisheries, game and forest commission.
2. Game protectors’ powers and duties.
3. Quadrupeds.
4. Birds.
5. Fish.
6. Miscellaneous and local provisions.
7- Special provisions as to Queens and Suffolk.
Shellfish.
Private grounds and parks.
10. Prosecutions.
11. Fishways.
t2. Forest preserve.
13. Adirondack park.
4

. Laws repealed, definitions and other provisions.

204 STATE OF NEW YORK.

ARTICLE I.
FISHERIES, GAME AND Forrest COMMISSION

Section 1. Short title of chapter.

2. Fisheries, game and forest commissioners, how appointed.
Terms of office of the commissioners.
Commissioners, compensation and expenses.

Fish culturist.

Nn mn - WwW

Office and clerical force.
7. Duties of commissioners.

8. Board to report annually to the legislature.

Short Title of Chapter.

Section 1. This chapter shall be known as the fisheries, game and forest law.

Fisheries, Game and Forest Commissioners, How Appointed.

§ 2. The governor shall appoint, by and with advice and consent of the senate, five

commissioners who shall constitute the board of fisheries, game and forest.

Terms of Office of Commissioners.

§ 3. The terms of office shall be five years. The governor shall nominate and ap-
point, by and with the advice and consent of the senate, one of the commissioners, to be
president of the commission. The commissioners shall designate one of their number as
shellfish commissioner, who shall have entire charge of the shellfish work of the com-
mission and shall certify to the commission as to whether‘the grounds applied for are beds
of oysters of natural growth. The commissioners shall also designate one of their number
to act as secretary of the board, and may remove him at their pleasure, who shall per-
form the duties of secretary without extra compensation, and who, while so assigned,
shall devote his entire time to the work of the commission.

(As amd. by chap. 169 of Laws of 1896.)

Compensation and Expenses of Commissioners.

§ 4. The president shall receive an annual salary of three thousand dollars. Each
of the remaining commissioners shall receive an annual salary of two thousand five hun-
dred dollars, and each member of said board shall also receive, in addition thereto, the
sum of eight hundred dollars for traveling expenses, to be paid in monthly installments.

(As amd. by chap. 169 of Laws of 1896.)

FISHERIES, GAME AND FOREST LAW. 265

Fish Culturist.

§ 5. The board of commissioners shall appoint a fish culturist, not one of their num-
ber, who shall be known as the state fish culturist, and who shall have charge under the
direction of the commission, of the culture of all fish in the state, and who shall re-
ceive an annual salary of three thousand dollars and necessary traveling expenses.

(As amd. by chap. 169 of Laws of 1896.)

Office and Clerical Force.

§ 6. The board shall have an office in the capitol at Albany, and shall hold meetings at
such office at least once each month upon such dates as they may determine, and at such
other times and places as the commissioners shall appoint for the transaction of business.
The commission is empowered to lease an office in the city of New York or Brooklyn for
the transaction of business connected with the sale or lease of lands under water as pro-
vided by law. It shall be allowed an assistant secretary at one thousand eight hundred
dollars per annum, and expenses not to exceed two hundred dollars payable monthly, and
such other clerical assistance as shall be actually needed, together with the necessary con-
tingent office expenses, and the commissioners may appoint an engineer and fix his com-
pensation.

(As amd. by chap. 169 of Laws of 1896.)

Duties of Board of Commissioners.

§ 7. The duties of the board of commissioners shall be to propagate and distribute
food and game fishes, and shellfish, and to keep up the supply thereof in the various
waters of the state, and for this purpose it shall have the conduct and control of such
hatching stations as are now owned or operated by the state, and such as may be hereafter
established. The board of commissioners shall also be charged with the enforcement of
all laws passed for the protection of fish and game, and for the protection and preser-
vation of the forest preserve, and shall have the care, custody and control of the Adiron-
dack park and forest preserve, and shall have all the powers and duties imposed upon
them by articles twelve and thirteen of this chapter. The board of commissioners shall
also have the care of all lands under water which have been designated, surveyed and
mapped out, pursuant to law, for oyster beds, and power to grant franchises of such lands
according to the provisions of law now enforced, or which may be hereafter enacted. It
shall also possess all the powers and perform all the duties given and imposed by this
chapter and by other provisions of law.

Board to Report Annually to Legislature.

§ 8. Such board shall annually make a full report to the legislature of all their official
operations for the year ending on the thirtieth of September previous, with such suggestions
and recommendations as they shall deem useful. The present commissioners shall con-
tinue to hold their offices until new appointments are made under the provisions of this act.

266 STATE OF NEW YORK.

ARTICLE II.
FisH AND GAME PROTECTORS’ AND FORESTERS’ POWERS AND DUTIES.

Section 20. Fish and game protectors and foresters, how appointed.
21. Terms of office of fish and game protectors and foresters.
22. Chief fish and game protector and forester.

23. Protectors and foresters to give bonds.

24. Compensation of protectors and foresters.

25. Office of chief protector and forester to be at the capitol.

26. Duties of protectors and foresters.

27. Records and reports.

28. Payment of salary and expenses.

29. Reports by chief protector and forester to the board of fisheries, game and
forest.

30. Special protectors.

31. Powers of sheriffs, constables and deputy sheriffs.

32. Nets to be destroyed by protectors and foresters.

33. Expense of seizure of nets.

Fish and Game Protectors and Foresters, How Appointed.

§.20. The fisheries, game and forest commission shall appoint thirty-five fish and game
protectors and foresters, whose powers and duties are hereinafter defined, and who shall be known

as fisheries and game protectors and foresters.

Terms of Office of Fish and Game Protectors and Foresters.

§ 21. Fish and game protectors and foresters so appointed, shall hold office during the
pleasure of the board of commissioners, which may summarily remove any of their number and

appoint another in his place.

Chief Fish and Game Protector and Forester.

§ 22. The commission shall, from time to time, designate one of such protectors as chief
fish and game protector and forester, and two others as his assistants, under whatever title he
may give them, and the three protectors and foresters so designated shall hold office during the
pleasure of the commission; the commissioners shall further designate another protector to act
as state oyster protector, and another protector to act as protector of the waters of the Thousand
Islands, and the protectors so designated shall hold office during the pleasure of the board. The
chief fish and game protector and forester shall have the direction, supervision and control of
the entire force.

(As amd. by chap. 531 of Laws of 1896.)

PISHERIES, GAME AND FOREST LAW. 267

Protectors and Foresters to Give Bonds.

§ 23. The chief protector and forester shall give a bond to the board of commissioners, with
sureties in the sum of one thousand dollars, and each of the other protectors a bond with sureties
in the sum of five hundred dollars, conditioned for the faithful discharge of his duties, such bond
to be approved by the board of commissioners. Any action thereof shall be brought in the

name of the people.

Compensation of Protectors and Foresters.

§ 24. The compensation of the chief protector and forester shall be two thousand dollars
per annum, payable monthly, and he shall be allowed his actual and necessary traveling expenses
in the performance of his duty, not exceeding one thousand dollars per year. The two assistant
protectors and foresters shall each receive twelve hundred dollars per year, together with their
traveling and incidental expenses, not to exceed seven hundred and fifty dollars per year; the
protector designated as state oyster protector shall received twelve hundred dollars per year and
his actual incidental and traveling expenses, not exceeding four hundred and fifty dollars per
year. The protector designated as protector of the waters of the Thousand Islands shall receive
five hundred dollars per year and his actual, incidental and traveling expenses, not exceeding four
hundred and fifty dollars per year, and the thirty-one remaining protectors shall each receive five
hundred dollars per annum, payable monthly, and an allowance for expenses not exceeding four
hundred and fifty dollars per year, and each of the said protectors shall receive one-half of all
the fines and penalties collected in actions brought upon information furnished by him after all
the expenses of recovering said fines and penalties shall be paid.

(As amd. by chap. 659 of Laws of 1896.)

Office of Chief Protector and Forester.

§ 25. The chief protector and forester shall have his office with the commissioners of fisheries,
game and forest in the capitol at Albany.

The Duties of Protectors.

§ 26. The fish and game protectors and foresters shall enforce all the fish and game laws of
the state and the provisions supplementary thereto made by boards of supervisors for the
additional protection of fish and game, and all laws passed for the protection and preservation
of the forest preserve, and all rules and regulations made by the commissioners of fisheries, game
and forest for the care, custody and control of the forest preserve and the Adirondack park, and
shall have full power to execute all warrants and search warrants issued for the violation of the
fish and game laws, and laws passed for the protection of the forest preserve, and the care,
custody and control of the Adirondack park, and to serve subpoenas issued for the examination,

investigation or trial of all offenses against said laws.
19

268 STATE OF NEW YORK.

Records and Reports.

§ 27. Each protector and forester shall keep a daily record of his official acts, and at the
close of each month make a summary of such record with such statements in detail as shall be

necessary for the information of his chief, and report the same to the chief protector and forester.

Payment of Salary and Expenses.

§ 28. Payment of salary and traveling expenses to protectors and foresters shall only be made
upon the certificate of the chief protector and forester that the protector and forester has made
such report and properly performed his duties.

Reports by Chief Protector and Forester to the Board of Commissioners.

§ 29. The chief protector and forester shall report to the board of commissioners any negli-
gence or dereliction of duty on the part of any of the protectors and foresters, with the facts
relating thereto, and he shall report monthly to said commissioners the operation of his depart-
ment during the preceding month, and shall make such further report as may be required by

the board of commissioners.

Special Protectors and Foresters.

§ 30. The board of commissioners may, in its discretion and at pleasure, appoint or remove
a person recommended by the majority of the supervisors of any county or by any incorporated
game club for the protection of fish and game as special protector and forester, who shall possess
the same powers that are enforced upon the state protectors and foresters ; such special protectors
and foresters shall receive no compensation from the state. They shall make similar reports to
those required from state protectors and foresters.

(As amd. by chap. 284 of Laws of 1896.)

Powers of Sheriffs, Constables and Deputy Sheriffs.

§ gr. Peace officers shall have the same powers as are conferred upon the game protectors

and foresters for the enforcement of the provisions of this chapter.

Nets to be Destroyed by Protectors and Foresters.

§ 32. Itis the duty of every protector and forester to seize, remove and forthwith destroy any
net, pound or other illegal devices for the taking of fish or game found in or upon any of the
waters or islands of this state where hunting and fishing with nets or other illegal devices is
prohibited or illegal or upon the shores or islands of such waters, and such nets, pounds or other
illegal devices are declared to be a public nuisance and shall be abated and summarily destroyed
by any game protector and forester and no action for damages shall lie or be maintained against
any person for such seizure or destruction.

(As amd. by chap. 661 of Laws of 1896.)

FISHERIES, GAME AND FOREST LAW. 269

Expense of Seizure of Nets.

§ 33. The reasonable expense of any seizure, removal or destruction of such nets, pounds or
other illegal devices shall be a county charge against the county in which the same shall be
seized and shall be audited and paid as other county charges are paid on the certificate of such
protector and forester stating the time and place of such destruction, the name of the person
employed therein, the time spent thereabout, and the money advanced, if any, and to whom, and
shall be verified by the oath of such protector and forester making such seizure and destruction.

(As amd. by chap. 661 of Laws of 1896.)

/NRIOUCIEIS), SC
FoREST PRESERVE.
Section 270. Forest preserve.
271. Powers and duties.
272. Accounts and annual report of board of fisheries, game and forest relative to
the forest preserve.
273. Partition of lands.
274. Taxation of forest preserve.
275. Duties of railroad companies.
76. Powers and duties of certain officers in case of fire.
277. Supervisors to be town protectors of lands.
278. Supervisors ex-officio, firewardens.
g. Supervisors to report fires.
280. Actions for trespass upon forest preserve.
281. Penalty for setting fire to forest lands.
282. Arrest of offenders without warrant.

283. Deer parks in the Catskill region.

Forest Preserve.

§ 270. The forest preserve shall include the lands owned or hereafter acquired by the state
within the counties of Clinton, except the towns of Altona and Dannemora, Delaware, Essex,
Franklin, Fulton, Hamilton, Herkimer, Lewis, Oneida, Saratoga, St. Lawrence, Warren,
Washington, Greene, Ulster, and Sullivan, except

1. Lands within the limits of any village or city, and

2. Lands, not wild lands, acquired by the state on foreclosure of mortgage made to the
commissioners for loaning certain moneys of the United States, usually called the United States

deposit fund.

Powers and Duties.

im

271. The board of fisheries, game and forest shall :
» 1. Have the care, custody, control and superintendence of the forest preserve.
2. Maintain and protect the forests in the forest preserve, and promote as far as practicable
the further growth of the forests therein.

270 . STATE OF NEW YORK.

3. Have charge of the public interests of the state with regard to forestry and tree planting,
and especially with reference to forest fires in every part of the state.

4. Possess all the powers relating to forest preserve which were vested in the commissioners
of the land office, and in the comptroller on May fifteen, eighteen hundred and eighty-five.

5. Prescribe rules and regulations affecting the whole or any part of the forest preserve and
for its use, care and administration and alter or amend the same; but neither such rules or
regulations nor anything contained in this article shall prevent or operate to prevent the free use
of any road, stream or water as the same may have been heretofore used, or as may be
reasonably required in the prosecution of any lawful business.

6. Take such measures as in the judgment of the commissioners may be proper, and the
state superintendent of public instruction and the regents of the university may approve, for
awakening an interest in behalf of forestry in the common schools, academies and colleges of
the state and of imparting elementary instruction on such subject therein; and prepare and
distribute the tracts and circulars of information, giving plain and concise instruction for the
care of private wood lands and for the growth of new forests upon lands that have been
denuded, exhausted by cultivation, eroded by torrents, or injured by fire, or that are sandy,
marshy, broken, sterile, or waste and unfit for other use. These publications shall be furnished
without cost to any citizen of the state on application, and proper measures may be taken for
bringing them to the notice of persons who would be benefited thereby.

7. Cause rules for the prevention and suppression of forest fires to be printed for posting in
schoolhouses, inns, saw-mills and other wood-working establishments, lumber camps and other
places in such portions of the state as they may deem necessary. Forest inspectors, foresters,
firewardens, supervisors and school trustees shall cause these rules, when received by them, to be
properly posted and replaced when lost or destroyed. Any person maliciously or wantonly
defacing or desiroying any such notice shall forfeit to the people of the state, the sum of five

dollars for every such offense.

Accounts and Annual Report of the Board of Fisheries, Game and Forests,
Relative to the Forest Preserve. b

§ 272. All income from state forest lands, including receipts for trespasses, shall be paid
over by the board of fisheries, game and forest to the state treasurer, by whom it shall be
placed to the credit of the special fund established for the purchase of lands within the Adiron-
dack park, and a strict account shall be kept of all receipts and expenses of the commission,
which account shall be audited by the comptroller. The commission shall, annually, in the
month of January, make a written report to the legislature of their receipts and expenses, and of
all their proceedings, with such recommendations of further legislative or official action as they

may deem proper.

Partition of Lands.

§ 273. Whenever the state owns an undivided interest with any person in lands of the forest

preserve, or holds and is in possession of such lands as joint tenant or tenant in common with any

FISHERIES, GAME AND FOREST LAW. 271

person who has a freehold estate therein, the attorney-general shall, on the request of the board of
fisheries, game and forest, bring an action in the name of the people of the state, for the
actual partition of such land; and on the written consent of the board such person may main-
tain an action for the actual partition of such land in the same manner as if the state were not
entitled to exemption from legal proceedings, and service of process in such action upon the
attorney-general shall be deemed service upon the state. Such actions, the proceedings and
judgment therein and the proceedings under the judgment shall be according to the practice at
the time prevailing in actions of partition, and shall have the same force and effect as in other
actions, except that no costs against the state shall be allowed in such actions and no sale of
such lands shall be adjudged therein. The board of fisheries, game and forest may without
action, but with the consent of the comptroller, agree with any person or persons owning lands
within the forest preserve jointly or as tenants in common, with the state for the partition of
such lands, and on such agreement and consent, the comptroller shall make on behalf of the
people of the state, any conveyance necessary or proper in such partition, and such conveyance
shall be forthwith recorded as now provided by law as to conveyances made by the commis-

sioners of the land office.

Duties of Railroad Companies.

§ 275. Every railroad company whose road passes through waste or forest lands or lands
liable to be overrun by fires within the state, shall twice in each year cut and remove from its
right of way all grass, brush or other inflammable materials, but under proper care and at
proper times when fire, if set, can be kept under control. All locomotives which run through
forest lands shall be provided with approved and sufficient arrangements for preventing the
escape of fires from the furnaces or ashpans, and with netting of steel or iron wire upon their
smokestacks to prevent the escape of sparks or fire, and every engineer and fireman employed
upon a locomotive shall see that the appliances to prevent the escape of fire are in use and
applied as far as it can be reasonably and practically done. No railroad company shall permit
its employes to deposit fire coals or ashes upon their track in the immediate vicinity of wood-
lands, or lands liable to be overrun by fires, and where any engineers, conductors or trainmen
discover that fences or other material or substances along the right of way upon woodlands
adjacent to the railroad are burning, or in danger from fire, shall report the same at their next
stopping place, and the person in charge of such station shall take prompt measures to extin-
guish such fires, and shall immediately notify the nearest firewarden or fish and game protector
and forester. In seasons of drought and especially during the first dry time in spring after
the snows have gone, and before vegetation has revived, railroad companies shall employ a
sufficient number of trackmen for the prompt extinguishment of fires; and where a forest fire is
raging near the line of their road they shall concentrate such help and adopt such measures as
shall most effectually arrest its progress. If any railroad company or any of its employes
violate any provisions cf this section, the company shall forfeit to the people of the state the

sum of one hundred dollars for every such violation.

272 STATE OF NEW YORK.

Appointment of Firewardens.

§ 276. The board of fisheries, game and forests shall appoint a firewarden in each town
within the counties mentioned in section two hundred and seventy of this chapter, who shall act
during the pleasure of such board. In such of these towns as are particularly exposed to
forest fires, or in which there is a large proportion of woodlands, or which may be specified by
the fisheries, game and forest commission, the firewarden thus appointed shall divide the
town into two or more districts, bounded as far as may be by roads, streams of water, dividing
ridges of land, or lot lines, and appoint, in writing, one resident citizen in each district as
district firewarden therein. A description of these districts and the names of the district fire-
wardens thus appointed shall be recorded in the office of the town clerk. The firewarden shall
also cause a map of the fire districts of his town to be posted in some public place together
with the names of the district firewardens appointed. ‘The cost of such map, not exceeding ten
dollars, shall be a town charge.

(As amd. by chap. 655 of Laws of 1896.)

Duties and Powers of Firewardens.

§ 277. On the discovery of a forest fire, or a fire in or near any woods, the firewarden of
the district shall repair immediately to the place where the fire is burning, and shall take such
measures as shall be necessary for its extinction or to prevent it from spreading. For this
purpose he may call on any person in his district, or adjoining district or town, to go to the fire
and render assistance in extinguishing it or controlling its progress, and any person refusing to
act or assist when so called on or warned out shall forfeit to the people of the state the sum of
ten dollars. The firewarden, where acting in general charge, may cause fences to be destroyed
or furrows to be ploughed to check the running of fire; or, in case of great danger, back-fires
may be set along a road or stream or other line of defense to clear off the combustible material
before an advancing fire. No action for trespass shall be brought by any owner of lands for
entry made upon his premises by persons going to assist in extinguishing a forest fire, although
such fire may not be upon his land. ‘The firewarden of every town in which a forest fire of
more than cne acre in extent has occurred within a year, shall report to the board of fisheries,
game and forests, the extent of area burned over, to the best of his information, together with
the probable amount of property destroyed, specifying the value of timber, as near as may be,
and amount of cord-wood, logs, bark, or other forest products, and of fences, bridges and
buildings that have been burned. He shall make inquiries ana report as to the causes of such
fires, if ascertainable, and as to the measures employed and found most effectual in checking
their progress. A consolidated summary of these returns by counties, and of the information
relating to the same matter otherwise gathered, shall be included in the annual report of the
board of fisheries, game and forests.

(As amd. by chap. 655 of Laws of 1896.)

FISHERIES, GAME AND FOREST LAW. 273

Compensation of Firewardens.

§ 278. For their services while on duty at a forest or woodland fire, or in connection with
the prevention of fires, the firewardens shall receive a compensation of two dollars and fifty
cents per day for the time actually employed; and each person assisting in extinguishing a
forest or woodland fire, or who shall have been ordered to go to the place where such tire may
be burning, shall receive a compensation of two dollars per day for the time actually employed.
The services of the town firewarden, district firewardens, or persons assisting or ordered out at a
forest fire shall be a town charge, and shall be audited and paid by the town; but the comp-
troller of the state shall annually pay to the town a sum equal to one-half the expenses thus
incurred, audited and paid. In order to secure such payment from the state, all bills for
the services of the town firewarden, district firewardens, or persons assisting or ordered out at a
forest or woodland fire, shall be made out in duplicate and approved by the town firewarden,
one of which bills shall be forwarded to the board of fisheries, game and forests, and to which
bill there shall be attached a certificate of the town board of auditors stating that said bill has
been audited and paid; and no payment of moneys or rebate of any kind, for expenses incurred
in the extinguishment or prevention of forest fires shall be made to the town by the comptroller,
except on such bills, which must also be approved by the board of fisheries, game and forests
or by such official in their employ as they may designate to perform such duty.

(As amd. by chap. 655 of Laws of 1896.)

Supervisors to be Firewardens Ex-Officio.

§ 279. In all towns not within the counties mentioned in section two hundred and seventy
of this act the supervisors shall be firewardens ex-officio, and there shall be applicable to them
all the provisions of this act with reference to town and district firewardens. If a forest fire
occurs in any town in which the firewarden or supervisor may be absent, or may fail to take
measures to extinguish the fire, or in which no firewarden may have been appointed, any
justice of the peace in the town where such fire occurs may act as firewarden and summon
assistants ; and for all such services payment shall be made the same as hereinbefore provided
for a firewarden and his assistants. Any person who shall willfully or negligently set fire to,
or assist another to set fire to any waste or forest lands belonging to the state or to another
person, whereby such forests are injured or endangered; or who suffers any fire upon his own
lands to escape or extend beyond the limits thereof to the injury of the woodlands of another
or of the state, is guilty of a misdemeanor, punishable by imprisonment not exceeding one year,
or by a fine not to exceed two hundred and fifty dollars, or both, and be liable to the person
injured for all damages that may be caused by such fires.

(As amd. by chap. 655 of Laws of 1896.)

Fallow Fires.

§ 281. It shall be unlawful for any person to light fires for the purpose of clearing lands,
burning fallows, stumps, logs, or fallen timber, in the towns hereinafter specified in this section,

274 STATE OF NEW YORK.

between April first and June tenth, and between September first and November tenth; but
from June tenth to September first such fires may be started upon giving three days’ notice to
a firewarden or district firewarden and securing his written permission. During the period last
mentioned, if the place where a fire is to be lighted is near any woodlands or forest which
might possibly be endangered by lighting such fire, it shall be the duty of the town firewarden
or district firewarden to be present personally when the fire is lighted, and to remain until it is
extinguished ; and the firewarden or district firewarden thus in attendance shall not permit the
starting of any fallow fires, or brush fires, or fires for clearing land, during a dangerous wind,
nor until the person desirous of starting such fires shall have employed at his own expense a
sufficient number of persons to watch and prevent any possible spreading of the flames, and
who shall remain on watch until the fire is out and completely extinguished. The services of a
firewarden or district firewarden at such times shall be a town charge, the same as when
employed in extinguishing a forest fire; and one-half of the expense thus incurred by the town
may be refunded by the comptroller of the state as hereinbefore provided in case of forest
fires. Any person violating the requirements of this section by lighting fallow fires or fires for
clearing land otherwise than as herein provided, shall be guilty of a misdemeanor, and in
addition thereto shall be liable to a fine of not less than fifty dollars nor more than three
hundred dollars, one-half of which amount shall be paid to the person or persons furnishing the
evidence necessary to conviction. ‘The provisions of this section shall apply to Hamilton
county, and to the towns of Minerva, Newcomb, North Hudson, Schroon, Keene, Jay, Lewis,
North Elba, Saint Armand, and Wilmington, of Essex county; to the towns of Waverly,
Harnetstown, Brandon, Santa Clara, Brighton, Belmont, Franklin, Duane, and Altamont, of
Franklin county ; to the towns of Hopkinton, Colton, Clifton, Fine, Edwards, Pitcairn, Clare,
Russell, and Parishville, of Saint Lawrence county ; to the towns of Diana, Croghan, Watson,
Greig, and Lyonsdale, of Lewis county; to the towns of Wilmurt, Ohio, Salisbury, Remson,
and Russia, of Herkimer county ; to the town of Forestport in Oneida county ; to the towns of
Stratfort, Caroga, Bleecker, and Mayfield, of Fulton county; to the towns of Day, Edinburgh,
Hadley, and Corinth, of Saratoga county; to the towns of Johnsburgh, Thurman, and Stony
Creek, of Warren county; to the towns of Putnam, Dresden, and Fort Ann, of Washington
county; to the towns of Altona, Dannemora, Ellenburgh, Saranac, and Black Brook, of Clin-
ton county ; to the towns of Denning, Hardenburgh, Shandaken, Olive, Rochester, Wawarsing,
and Woodstock, of Ulster county; to the towns of Neversink and Rockland, of Sullivan
county; to the towns of Andes, Colchester, Hancock, and Middletown, of Delaware county;
and to the towns of Hunter, Jewett, Lexington, and Windham, of Greene county.

(As amd. by chap. 655 of Laws of 1896.)

Actions for Trespass upon Forest Preserve and Disposition of Penalties.

§ 280. The board of fisheries, game and forest may bring, in the name of the people of the
state, any action to prevent trespass upon, or injury to the forest preserve, and recover damages
therefor, or to recover lands properly forming a part of the forest preserve, and occupied or

held by persons not entitled thereto, or for the maintenance and protection of the forest preserve

FISHERIES, GAME AND FOREST LAW.

to
a
on

which any owner of lands would be entitled to bring, or for cutting or carrying away or
causing to be cut or assisting to cut or carry away, any tree, bark or timber within the forest
preserve, or removing any tree, wood, timber or bark or any portion thereof from such forest
preserve, or from any land or lands now owned by the state or which may hereafter be
acquired by the state. Every person violating the provisions of this section, relating to the
cutting or carrying away any wood, timber, tree or bark, shall be deemed guilty of a misde-
meanor, and in addition shall forfeit to the state the sum of ten dollars for every tree, cut or
carried away by him, or by any person in his employ or under his direction. The Board of
fisheries, game and forest may employ attorneys and counsel to prosecute any such action of
trespass or damage to the state or of forest land or to defend any such action brought against
the board or any of its members, or any person acting under or by authority of the board of
fisheries, game and forest, arising out of their or his official conduct with relation to the forest
preserve, together with all lands, now owned or which may hereafter be acquired by the state.
The compensation of such attorneys and counsel shall be fixed by the board. A preliminary
or final injunction shall, on application in an action brought by or at the instance of the board
of fisheries, game and forest, be granted restraining any act or trespass, waste or destruction
upon the forest preserve or other lands owned by the state or which may hereafter be acquired
by the state. All such actions shall be brought in the county where the trespass is alleged
to have been committed, the same as other actions are now brought, by or under the direction
of either of the commissioners of fisheries, game and forest, or on order of the chief fish and
game protector and forester, in the manner provided in section two hundred and thirty-one of
chapter nine hundred and seventy-four of the laws of eighteen hundred and ninety-five.
Witness and other fees and disbursements and full costs shall be recovered in any judgment in
favor of the people, under this act, at the rate fixed by section three thousand two hundred and
fifty-one of the code of civil procedure, without regard to the amount recovered. All moneys
recovered under the provisions of this chapter, either upon criminal or civil prosecution, shall
be paid to the board of commissioners, to be by it disposed of as hereinafter provided, and it
shall be the duty of every person to whose hands such money shall come, to forthwith pay over
the same to the said commission, and in case of failure so to do, such money may be recovered
from such person in the name of the people by the commission. The commission shall dispose
of the fines and penalties received by them as follows: They shall deduct all expenses incurred
in the prosecution or collection of such fines and penalties, and shall pay to the protector and
forester, or special protector or forester, upon whose information the action was brought,
one-half of all recoveries, less the costs, where the total net amount recovered, upon such
information does not exceed fifty dollars. Such payments shall be made on the certificate of
the chief game protector and forester that such protector and forester is entitled thereto. The
remainder of the moneys shall be used in the employment of surveyors and other persons in
assisting in procuring evidence to establish cases of trespass, and other violations of this chapter,
and in payment of expenses of enforcing the laws for the preservation of fish and game on the
certificate of the chief protector and forester, or for such other purposes within the scope of this
chapter as the board may determine, provided that the board of commissioners of fisheries

276 STATE OF NEW YORK.

game and forest shall deposit all moneys received for violations of the fish, game and forest
laws, and on account of trespasses of the state land, in some bank in the city of Albany, to be
approved by the comptroller. The board shall render to the comptroller, on or before the
tenth day of each month, an itemized monthly account, showing its receipts and disbursements
on account of such fines and penalties, with the names of the persons from whom recovered,
and to whom paid, which account shall also include the balance in the bank on the last day of
the preceding month.
(As amd. by chap. 114 of Laws of 1896.)

Arrest of Offenders Without Warrant.

§ 282. The fish and game protectors and foresters, and other persons acting upon the forest
preserve under the written employment of the board of fisheries, game and forest, may without
warrant arrest any person found upon the forest preserve violating any of the provisions of this
article and forthwith take the person so arrested before a magistrate having jurisdiction to issue
warrants in such cases, and there make or procure to be made a complaint in writing, on which

complaint the magistrate shall act as the case may require.

Deer Parks in the Catskill Region.

§ 283. The board of fisheries, game and forests shall set apart tracts of land (not exceeding
three) of such size as they may deem proper, belonging to the state and including such adjoin-
ing lands as may be deemed necessary, in the Catskill region, now constituting that part of the
forest preserve situated in the counties of Delaware, Greene, Sullivan and Ulster, for the
purpose of breeding deer and wild game. ‘The board of fisheries, game and forest shall pur-
chase and turn out upon such lands such deer or other game as they may think proper and
establish all proper rules for the protection of such land and the game thereupon. No game
shall be killed, pursued, or trapped or in any way destroyed within the limits of such land so
set apart for the period of five years from the time that such land shall be so set apart. The
board may receive private subscriptions of money and expend the same for the purposes
specified in this section, and may, from time to time, enlarge the area of any such park by pur- _
chasing other lands adjacent thereto, so as to include as large an acreage of state lands as
practicable within the bonds of each park. The proceeds of the lands sold prior to January
first, eighteen hundred and ninety-five, shall be used for no other purpose than the purchase of
additional lands for such parks, and the board may execute and receive and accept, in the name
of the state, all contracts and conveyances necessary to carry into effect the provisions of

this section.

ARTICLE XIII.

ADIRONDACK ParK.
Section 290. Adirondack park.
291. Powers and duties of forest commission.

292. Contracts.

FISHERIES, GAME AND FOREST LAW. 277.

293. Proceeds of lands sold and payments for lands purchased.

294. Revenues from leases made prior to January first, eighteen hundred and ninety-
five.

295. Annual report.

Adirondack Park.

§ 290. All lands now owned or hereafter acquired by the State within the county of
Hamilton; the towns of Newcomb, Minerva, Schroon, North Hudson, Keene, North Elba,
Saint Armand and Wilmington, in the county of Essex; the towns of Harrietstown, Santa Clara,
Altamont, Waverly and Brighton, in the county of Franklin ; the town of Wilmurt, in the county
of Herkimer; the towns of Hopkinton, Colton, Clifton and Fine, in the county of Saint Lawrence,
and the towns of Johnsburgh, Stony Creek, and Thurman, and the islands in Lake George, in
the county of Warren; except such lands as may be sold as provided in this article, shall
constitute the Adirondack park. Such park shall be forever reserved, maintained and cared for
as ground open for the free use of all the people for their health and pleasure and as forest
lands, necessary to the preservation of the headwaters of the chief rivers of the state, and a future
timber supply ; and shall remain part of the forest preserve.

Powers and Duties of Forest Commission.

§ 291. The board of fisheries, game and forest shall have the care, custody, control and
superintendence of the Adirondack park, and within the same and with reference thereto and to
acts committed therein and to persons committing the same, all the control, powers, duties,
rights of action and remedies belonging to such board or the commissioners of the land office
within and with reference to the forest preserve as to acts committed therein and persons com-
mitting the same. The board of fisheries, game and forest shall have power:

1. To contract as herein provided for the purchase of land situated within the bounds of the
park as defined in the preceding section ; if any such lands can not be purchased on advantageous
terms unless subject to leases or restrictions or the right to remove soft wood timber, the contract
may provide accordingly, but not for any such right, lease, or restriction after ten years from
the date of the contract, nor for the right to remove any such trees with a diameter of less than
twelve inches at the height of three feet from the ground.

2. To contract with owners of land situated within the bounds of the park that such lands
may become part of the park and subject to the provisions of this article, in consideration of the
exemption of such lands from taxation for State and county purposes, which contract shall
contain a provision that the owners of such land and their grantees shall refrain forever from
removing any of the timber thereupon except spruce, tamarack or poplar timber twelve inches in
diameter, at a height of three feet above the ground, or fallen, burned or blighted timber, and
such other and further conditions as to the right of occupancy of such lands by such owners or
their grantees as may be equitable. Such contract may also reserve to the owners of such forest
lands and their grantees the privilege of clearing portions of such lands for agricultural or

273 STATE OF NEW YORK.

domestic purposes under regulations to be prescribed by the forest commissioners, but no such
privilege shall give to the owners or grantees of said lands, the night to clear more than one acre
within the boundary of each one hundred acres covered by said contract.

3. To prescribe and enforce ordinances and regulations for the government and care of the
park and for the licensing or regulation of guides or other persons engaged in business therein.

4. To lay out paths and roads in the park. -

Contracts.

§ 292. A contract mentioned in this article shall not take effect until approved by the
commissioners of the land office ; a certificate of which approval, certified by the clerk of said
commissioners shall be attached to the copy of the resolution of the board of fisheries, game and
forest authorizing such contract. Every conveyance mentioned in this article shall be certified
by the attorney-general to be in conformity with the contract,and approved by him as to form
before the acceptance or delivery thereof, and shall be made to the people of the State, recorded
in the proper county, and after record delivered to the commissioners of the land office as a part

of their archives.

Proceeds of Lands Sold and Payments of Lands Purchased.

§ 293. The proceeds of lands sold prior to January first, eighteen hundred and ninety-five,
and paid to the State treasurer shall be held by him as a separate fund and special deposit at all
times available for the purchase of other lands under this article. Payments for such purchases
and for expenses necessarily incurred by the board in the preliminary examinations of lands
purchased under authority of this article, or in the examination of titles of lands so pur-
chased, or otherwise necessarily incidental to such purchases, may be made from such fund
or from any moneys appropriated therefor on the certificate of the commission and audit of

the comptroller.

Revenues from Leases Made Prior to January. First, Eighteen Hundred and
Ninety-five.
§ 294. All revenue received from leases of State lands made prioz to January first, eighteen
hundred and ninety-five, shall be paid into the State treasury, and shall be placed to the credit of
the special fund established for the purchase of lands within the Adirondack park.

Annual Report.

§ 295. The board of fisheries, game and forest shall include in its annual report an account
of its proceedings with reference to the park, including a statement of the number of acres of
land purchased during the year, the locality thereof, the price paid, the revenue from leases made
prior to January first, eighteen hundred and ninety-five, and all other information of importance
connected with such transactions ; and shall state the amount of money required in the next
fiscal year for the purchase of lands and expenses of the park, and make such recommendations

with reference thereto as it deems wise.

FISHERIES, GAME AND FOREST LAW. 279

§ 4. Article twelve of the game law, being chapter four hundred and eighty-eight of the laws
of eighteen hundred and ninety-two, is hereby made article fourteen, and sections two hundred
and seventy and two hundred and seventy-nine, inclusive, are hereby renumbered three hundred
to three hundred and nine, respectively.

§ 5. Chapter three hundred and thirty-two of the laws of eighteen hundred and ninety-three
chapters four hundred and thirty-nine and six hundred and sixty-five of the laws of eighteen
hundred and ninety-four are hereby repealed.

§ 6. The schedule of articles at the beginning of the agricultural law, chapter three hundred
and thirty-eight of the laws of eighteen hundred and ninety-three, is hereby amended to read as

follows :

CHAPTER XXXIII OF THE GENERAL LAWS.

THE AGRICULTURAL Law.

Article 1. General provisions. (§§ 1-12.)
2. Dairy products. (§§ 20-37.)
3- Adulterated vinegar. (§$§ 50-53.)
4. Diseases of domestic animals. (§§ 67-71.)
5. Miscellaneous provisions. (§§ 80-go.)
6. Laws repealed. (§§ 100-101.)

§ 7. The agricultural law is further amended by adding at the end thereof the following new

article:
INIRITME IED, WAT

Laws REPEALED.

Section 100. Laws repealed.

1o1. When to take effect.

Laws Repealed.
§ 100. Of the laws enumerated in the schedule hereto annexed, that portion specified in the

last column is repealed.

When to Take Effect.
§ 1o1. This chapter shall take effect immediately.

SCHEDULE OF LAws REPEALED.

Revised Statutes, Part 1, chapter 17, title 3, §§ 1-4.
Laws of Chapter Sections
1841 : : : : : 169 ‘ 5 F 6 é All except §§ 3 and 6.
a a en at Ne sOmeder eT ar si 5 oe. . -, All.
1848 z - c 0 299 6 5 S 5 : All except §§ 3 and 6.
1869 - C e : 167 : 2 5 . : All.

280 STATE OF NEW YORK.

SCHEDULE OF Laws REPEALED.—( Continued.)

Revised Statutes, Part 1, chapter 17, title 3, $§ 1-4.

Laws of Chapter Sections
1878 ; 3 : : 6 134 é : . 6 : All.
1879 : 9 : 0 0 306 : 5 : : : All.
1880 ° ° 5 5 3 592 0 ; : : 6 All.
1881 0 0 . : : 300 : . a : : All.
1882 Q : 5 : 6 215 4 : : : : All.
1882 6 0 é 246 : ‘ : ; : All.
1882 S . ° 5 : 238 . : : 6 . All.
1883 . ° ° . : 13 . - : 0 ; All.
1884 . 6 : 9 : 202 é ; : 0 : All.
1884 ¢ 0 2 : . 418 c : : : é All.
1884 > 9 0 2 4 474 ¢ 0 0 : : All.
1885 . : mo Rass 3 183 : : : : ; All, except § 26.
1885 0 : 2 6 6 283 : 0 : BERN, is All.
1885 0 : : 0 : 127 : 0 . , ; All.

1885 0 9 9 6 : 458 : . . 3 0 All.

1886 O 4 6 5 . 280 : 0 . 9 : All.

1886 C : ° 0 577 0 0 * : : All, except that part of §
6 designated as § 24.

1887 0 0 0 0 0 155 c 0 ° 5 0 All.

1887 ° 0 0 ° 0 223 : 0 : 6 All.

1887 6 ; : C ; 403 5 5 3 : 5 All.

1887 0 0 0 6 430 : i : 0 6 All.
1887 : 0 . . 475 : , : . 4 All.
1887 0 3 3 0 : 562 3 5 a ect ame é All.
1887 : - " : : 583 é ; 0 . All.
1888 : 4 : ¢ 286 . . : Q : All.
1888 . : : . : 298 i 6 ¢ ; : All.
1888 . 0 6 ¢ ; 520 < : ‘ : : All.
1888 . . c : : 550 j ; q : : All.
1889 . e . 6 : 2 : : 0 : 0 All.
1889 c C . . : 148 5 : . 0 : All.
1889 3 : : ; 515 5 j : é 6 All.
1889 : : : . . 538 : : 0 : c AIL
1890 : ° : o . 8 : c : 5 : All.
1891 : : : : : 140 : : : : : All.
1§gt : 6 9 5 . 354 . 0 é O 5 ig Do
1892 3 : . : . 501 5 2 : : : All.
1892 107 é : F 5 : All.

§ 8. This act shall take effect immediately.

FISHERIES, GAME AND FOREST LAW. 281

CHAPTER 0974.

AN ACT for the protection, preservation and propagation of birds, fish and wild

animals in the State of New York and the different counties thereof.

BECAME a law June 7, 1895, with the approval of the Governor. Passed by a two-third vote.

The People of the State of New York, represented in Senate and Assembly, do enact as follows :
Section r. Article three of chapter four hundred and eighty-eight of the laws of eighteen

hundred and ninety-two is hereby amended to read as follows :

ARTICLE III.
QUADRUPEDS.
Section 40. Deer, close season.
41. Deer or venison, when not to be possessed.
42. Fawns not to be killed.
43- Traps.
44. Hounding.
45. Dogs may be killed.
46. Transportation.
47. Crusting and yarding.
48. Moose, caribou and antelope.
49. Black and gray squirrels, hares and rabbits.

Bears, wolves and panthers, bounty.

N

. Claim for bounty ; how proven.
. Certificate to be issued.

on ur on on
= W

. County treasurer to pay certificate.

un

Deer, Close Season.

§ 40. Wild deer shall not be caught, shot at, hunted or killed except from the sixteenth day
of August to the thirty-first day of October, both inclusive. No person shall kill or take alive
more than two deer in any season. And in the counties of Ulster, Greene, Sullivan and
Delaware no wild deer shall be caught, shot at, hunted or killed at any time within five years
from the passage of this act. Deer may be taken alive in any part of the State at any season of
the year under the direction of the fish, game and forest commission to be placed in the deer
parks belonging to the State for the purpose of breeding. The provisions of this section as to
close season shall not apply to Long Island. This section shall not be so construed as to
prevent any person from reclaiming alive any deer which may have escaped from a private park
or inclosure. Whoeyer shall violate or attempt to violate the provisions of this section shall be
deemed guilty of misdemeanor, and in addition thereto shall be liable to a penalty of one
hundred dollars for each wild deer caught, shot at, hunted or killed.

282 STATE OF NEW YORK.

Deer or Venison, When Not to be Possessed.

§ 41. Wild deer or venison shall not be possessed or sold except from the sixteenth day of
August to the thirty-first day of October, both inclusive, and possession thereof from the thirty-
first day of October to the tenth day of November, inclusive, is forbidden, and shall be deemed
a violation of this section unless it be proved by the possessor or seller that such deer or venison
was killed within the lawful period or out of the State. Whoever shall violate or attempt to
violate the provisions of this section shall be deemed guilty of misdemeanor, and in addition
thereto shall be liable to a penalty of one hundred dollars for each wild deer or part thereof had

in possession in violation of this section.

Fawns Not to be Killed.

§ 42. No fawns shall be caught or killed at any time in this State, nor any part thereof be
possessed at any time; possession of a fawn or fawns shall be presumptive evidence of the viola-
tion of this section. Whoever shall violate or attempt to violate the provisions of this section
shall be deemed guilty of misdemeanor and in addition thereto shall be lable to a penalty of

one hundred dollars for each fawn caught, killed or possessed in violation of this section.

Traps and Artificial Lights.

§ 43. Traps, or any device whatsoever, to trap and entice deer, including salt licks, shall
not be made, set or used, and deer shall not be caught, hunted or killed by the aid or use
thereof. No jack light or any other artificial light shall be used in hunting or killing or attempting
to kill any deer, except from September first to September fifteenth, both inclusive. Whoever
shall violate or attempt to violate the provisions of this section shall be deemed guilty of mis-
demeanor, and in addition thereto shall be liable to a penalty of one hundred dollars for each
violation thereof.

(As amd. by chap. 654 of Laws of 1896.)

Houndings.

§ 44. Deer shall not be hunted, pursued or killed with any dog or bitch in this state at any
time except from the first to the fifteenth day of October, both inclusive. Dogs of the breed
commonly used for hunting deer shall not be permitted by the owner or person harboring the
same to run at large, except between such dates, in the forest where deer inhabit. Deer shall not
be hunted with dogs in the counties of Saint Lawrence, Delaware, Greene, Ulster or Sullivan,
except in the towns of Highland, Cumberland, Tusten, Cochocton and Bethel, in the county of
Sullivan, deer may be hunted, pursued or killed with dogs, from the first to the fifteenth day of
October, both inclusive. The provisions of this section as to the close season shall not apply to
Long Island. If any dog or bitch of the breed used for hunting deer shall be found hunting,
pursuing or killing any deer or running at large in the forests of this state where deer inhabit,

except between the first and fifteenth days of October, both inclusive, it shall be deemed prima

FISHERIES, GAME AND FOREST LAW. 283

facie evidence of the violation of the foregoing section, by the person or persons owning, using,
having or harboring such dog or bitch. Whoever shall violate or attempt to violate the provisions
of this section shall be deemed guilty of misdemeanor, and in addition thereto shall be liable to
a penalty of one hundred dollars for each violation thereof.

(As amd. by chap. 652 of Laws of 1896.)

Dogs May be Killed.

§ 45. Dogs, while chasing deer in violation of law, may be killed by any person.

Transportation,

§ 46. Deer or venison killed in this state shall not be transported to any point within or
without the state from or through any of the counties thereof or possessed for that purpose,
except as follows: One carcass or a part thereof may be transported from the county where
killed when accompanied by the owner. No individual shall transport or accompany more
than two deer in any one year under the above provision. The possession of deer or venison by
a common carrier, or by any person in its employ then actually engaged in the business of such
common carrier, unaccompanied by the owner, shall constitute a violation of this section by
such common carrier. This section does not apply to the head and feet or skin of deer severed
from the body. Whoever shall violate or attempt to violate the provisions of this section shall
be deemed guilty of misdemeanor, and in addition thereto shall be liable to a penalty of one

hundred dollars for each wild deer or part thereof had in possession in violation of this section.

Crusting and Yarding.

§ 47. Deer shall not be hunted, killed or captured by what is commonly known as crusting,
nor while they are yarded. Whoever shall violate or attempt to violate the provisions of this
section shall be deemed guilty of misdemeanor, and in addition thereto shall be liable to a

penalty of one hundred dollars for each yiolation thereof.

Moose, Caribou and Antelope.

§ 48. Moose, caribou or antelope shall not be hunted, killed or possessed or sold during the
close season for the possession of deer or venison, after the same have been killed. Whoever
shall violate or attempt to violate the provisions of this section shall be deemed guilty of mis-
meanor, and in additicn thereto shall be liable to a penalty of one hundred dollars for each

violation thereof.

Black and Gray Squirrels, Hares and Rabbits.

§ 49. Black and gray squirrels, hares and rabbits shall not be hunted, shot at, killed or
possessed, except from the fifteenth of October to the fifteenth day of February, both inclusive.

The use of ferrets in the hunting of rabbits is hereby prohibited. The provisions of this section
20

284 STATE OF NEW YORK.

shall not apply to Long Island. Whoever shall violate or attempt to violate the provisions of
this section shall be deemed guilty of misdemeanor, and in addition thereto shall be liable to
a penalty of twenty-five dollars for each violation thereof. The counties of Wayne, Onondaga
and Oswego are hereby exempt from the provisions of this section in so far as it relates to the
killing or hunting with ferrets of hares and rabbits.

(As amd. by chap. 179 of Laws of 1896.)

Beaver not to be Killed.

§ 50. No beaver shall be caught or killed at any time in this state. Whoever shall violate
or attempt to violate the provisions of this section shall be deemed guilty of a misdemeanor,
and in addition thereto shall be lable to a penalty of fifty dollars for each beaver caught
or killed in violation of this section. \

(This sec. (No. 50) is chap. 463 of Laws of 1896.)

Wolves and Panthers, Bounty.

§ 52. A bounty of thirty dollars for each grown wolf, fifteen dollars for each pup-wolf, and
twenty dollars for each panther shall be paid to any person who shall kill such animals in
the state.

Claim for Bounty ; how Proven.

§ 53. The killing of a wolf or panther shall be proved by affidavit satisfactory to the super-
visor and one of the justices of the town where the animal was killed, and the delivery to them
of the skull and skin thereof, which skull shall be by them burned, and the skin branded, so as
to be capable of identification.

Certificate to be Issued.

§ 54. The supervisor and justice so acting shall issue to the person making such satisfactory
proof a certificate directed to the county treasurer of the county, stating the kind of animal

lulled, the date of killing and amount of bounty to which the person is entitled.

County Treasurer to Pay Certificate.

§ 55. The county treasurer to whom such certificate is directed shall pay the amount of
bounty specified in said certificate to the person holding the same, out of the funds of the
county, and on the presentation of said certificate to the comptroller, he shall allow the amount
thereof to the county by which it was paid in settlement of taxes due therefrom.

§ 2. Article four of chapter four hundred and eighty-eight of the laws of eighteen hundred
and ninety-two is hereby amended to read as follows:

FISHERIES, GAME AND FOREST LAW. 285

ARTICLE IV.

BirpDs.

Section zo. Wild fowl; close season.

. Manner of killing.

aI ss
i]

to

Quail; close season.

Quail; when not to be possessed.

I
Oo

Woodcock and grouse; close season.

~I
te

. Woodcock and grouse; when not to be possessed.

—
Dun

Woodcock and grouse; when not to be transported.

. Plover and other birds: close season.

9°

Certain wild birds protected.

va ss 7 “1
~I

2

Meadow larks ; close season.

ie)
co)

. Destroying or robbing nests.

o/s)
il

. Snaring, netting or trapping certain game birds forbidden.
82. Mongolian ring-necked pheasant.

83. Authority to collect birds, et cetera, for scientific purposes.
84. Steps to be taken to procure certificate.

85. Time for which certificates shall be in force.

Wild Fowl; Close Season.

§ 70. Web-footed wild fowl, except geese and brant, shall not be pursued, shot at, hunted,
killed, possessed or sold between the last day of April and the first day of September, and shall
not be pursued, shot at, hunted or killed, except during the hours in each day commencing one
hour before sunrise and terminating one hour after sunset. On the Hudsonriver below the dam
at Troy, boats propelled by hand may be used for the purpose of shooting web-footed fowl.
The provisions of this section shall not apply to Long Island and Long Island sound. Whoever
shall violate or attempt to violate the provisions of this section shall be deemed guilty of misde-
meanor, and in addition thereto shall be liable to a penalty of twenty-five dollars for each bird
killed, trapped or possessed contrary to the provisions of this section.

Manner of Killing.

§ 71. Web-footed wild fowl shall not be pursued, shot at, hunted, killed or caught in any way,
save with gun raised at arm’s length and fired from the shoulder without other rest; nor from
any boat other than a boat propelled by hand or floating device; nor by the use of any bough-
house at a greater distance than fifty feet from either the shore or a natural growth of grass or
flags. Such fowls caught or killed in any manner prohibited by this section shall not be brought
to the shore, sold or possessed. The provisions of this section shall not apply to Long Island and
Long Island sound. Whoever shall violate or attempt to violate the provisions of this section shall
be deemed guilty of misdemeanor, and in addition thereto shall be liable to a penalty of twenty-
five dollars for each bird killed, trapped or possessed contrary to the provisions of this section.

286 STATE OF NEW YORK.

Quail ; Close Season.

§ 72. Quail shall not be pursued, shot at, hunted or killed, except during the months of
November and December. Whoever shall violate or attempt to violate the provisions of this
section shall be deemed guilty of misdemeanor, and in addition thereto shall be liable toa penalty
of twenty-five dollars for each bird killed, trapped or possessed contrary to the provisions of this

section.

Quail; When Not to be Possessed.

§ 73. Quail shall not be sold or possessed except during the months of November, Decem-
ber and January, but possession thereof during the month of January is forbidden and shall be
deemed a violation of this section unless it be proved by the possessor that said birds were killed
within the lawful periods for killing the same, or outside the State, and they shall not be killed or
possessed in the counties of Genesee, Wyoming, Orleans, Livingston, Monroe, Cayuga, Seneca,
Wayne, Tompkins, Tioga, Onondaga, Ontario, Steuben, Cortland and Otsego, prior to the first
day of November, eighteen hundred and ninety-eight. The provisions of this section shall not
apply to Robbin’s Island and Gardiner’s Island. Whoever shall violate or attempt to violate the
provisions of this section shall be deemed guilty of misdemeanor, and in addition thereto shall
be liable to a penalty of twenty-five dollars for each bird killed, trapped or possessed contrary

to the provisions of this section.

Woodcock and Grouse; Close Season.

§ 74. Woodcock, ruffed grouse, commonly known as partridge, or any member of the grouse
family, shall not be pursued, shot at, hunted or killed except from the sixteenth day of August to
the thirty-first day of December, both inclusive. The provisions of this section shall not apply
to Long Island. Whoever shall violate or attempt to violate the provisions of this section shall
be deemed guilty of misdemeanor, and in addition thereto shall be liable to a penalty of twenty-

five dollars for each bird killed, trapped, or possessed contrary to the provisions of this section.

Woodcock and Grouse; When Not to be Possessed.

§ 75. Woodcock, ruffed grouse, commonly known as partridge, or any member of the grouse
family, shall not be sold or possessed except from the sixteenth day of August to the thirty-first
day of January following, both inclusive, and possession or sale thereof during the month of
January is forbidden and shall be deemed a violation of this section, unless it be proved by the
possessor or seller that said birds were killed within the lawful period for killing the same, or out
of the State. The provisions of this section shall not apply to Long Island. Whoever shall
violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor,
and in addition thereto shall be liable to a penalty of twenty-five dollars for each bird killed,

trapped or possessed contrary to the provisions of this section,

FISHERIES, GAME AND FOREST LAW. 28

SY

Woodcock, Quail and Grouse ; When Not to be Transported.

§ 76. Woodcock, ruffed grouse, commonly known as partridge, or any member of the grouse
family, or quail killed in this State, shall not be transported to any point within or without this
State, from or through any of the counties thereof, or possessed for that purpose, except that
such birds may be transported from the county where killed, when accompanied by the owner
thereof. Possession of the birds named by a common carrier, or by any person in its employ
then actually engaged in the business of such common carrier unaccompanied by the owner, shall
constitute a violation of this section by such common carrier. Whoever shall violate or attempt
to violate the provisions of this section shall be deemed guilty of misdemeanor, and in addition
thereto shall be liable to a penalty of twenty-five dollars for each bird killed, trapped, snared or

possessed contrary to the provisions of this section.

Plover and Other Birds; Close Season.

§ 77. Wilsons, commonly known as English snipe, plover, rail, mud-hen, gallinule grebe,
bittern, surf-bird, curlew, water chicken, bay snipe, or shore bird shall not be shot at, hunted,
killed or possessed during the months of May, June, July and August. The provisions of this
section shall not apply to Long Island. Whoever shall violate or attempt to violate, the
provisions of this section shall be deemed guilty of misdemeanor, and in addition thereto shall
be liable to a penalty of twenty-five dollars for each bird killed, trapped or possessed contrary to

the provisions of this section.

Gertain Wild Birds Protected.

§ 78. Wild birds shall not be killed or caught at any time, or possessed after the same are
dead. This provision does not affect any birds the killing of which is prohibited between certain
dates by the provisions of this act, nor does it protect the English sparrow, crow, hawk, crane,
raven, crow blackbird, common blackbird and kingfisher; and it does not apply to any person
holding a certificate under the provisions of this act. Whoever shall violate or attempt to violate
the provisions of this section shall be deemed guilty of misdemeanor, and in addition thereto shall
be liable to a penalty of twenty-five dollars for each bird killed, trapped or possessed contrary to

the provisions of this section.

Meadow Larks; Close Season.

§ 79. Meadow larks shall not be shot at, killed or possessed after they are dead, at any time.
Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty
of misdemeanor, and in addition thereto shall be liable to a penalty of twenty-five dollars for
each bird killed, trapped or possessed contrary to the provisions of this section. The provisions
of this section shall not apply to Long Island.

288 STATE OF NEW YORK.

Destroying or Robbing Nests.

§ 80. The nests of wild birds shall not be robbed or willfully or needlessly destroyed unless
when necessary to protect buildings or prevent their defacement. ‘This section does not apply
to the English sparrow, hawk, crane, crow, raven, crow blackbird and common blackbird or
kingfisher. Whoever shall violate or attempt to violate the provisions of this section shall be
deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of twenty-

five dollars for each nest robbed or destroyed contrary to the provisions of this section.

Snaring, Netting or Trapping Certain Game Birds Forbidden.

§ 81. English pheasants, ruffed grouse, commonly known as partridge, or any member of
the grouse family, or quail, shall not be trapped, netted or snared, nor shall any person possess
any of said birds so taken, nor shall any net, trap or snare of any kind commonly used for taking
ruffed grouse, or any member of the grouse family, or quail, be set. Any such net, trap or snare
is declared to be a public nuisance and may be abated and summarily destroyed. Whoever shall
violate or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor,
and in addition thereto shall be lable to a penalty of twenty-five dollars for each bird killed,

trapped, snared or possessed contrary to the provisions of this section.

Mongolian Ring-necked Pheasant.

§ 82. No person shall kill, expose for sale or have in his or her possession after the same has
been killed, any wild Mongolian rng-necked pheasant (phasius torquatus) prior to the year
nineteen hundred. Whoever shall violate or attempt to violate the provisions of this section shall
be deemed guilty of misdemeanor, and in addition thereto shall be liable to a penalty of twenty-
five dollars for each bird killed, trapped, snared or possessed contrary to the provisions of this
section. The provisions of this section shall not apply to the county of Suffolk.

(As amd. by chap. 180 of Laws of 1896.)

Authority to Collect Birds, Et Cetera, for Scientific Purposes.

§ 83. Certificates may be granted by any incorporated society of natural history in the state
or by the regents of the university of the state of New York, through such persons or officers as
said society may designate, to any properly accredited person of the age of eighteen years or
upwards, permitting the holder thereof to collect birds, their nests, or eggs for strictly scientific
purposes only. In order to obtain such certificate the applicant for the same must present to the
person or persons having the power to grant said certificates written testimonials from two well-
known scientific men, certifying to the good character and fitness of said applicant to be intrusted

with such privilege.

Steps to be Taken to Procure Certificates.

§ 84. Such person except officers of the New York State Museum, must pay to said persons

or officers one dollar to defray necessary expenses attending the granting of such certificate, and

FISHERIES, GAME AND FOREST LAW. 289

must file with said persons or officers a properly executed bond in the sum of two hundred
dollars, signed by two responsible citizens of the state as sureties. This bond shall be forfeited
to the state and the certificate become void upon proof that the holder of such certificate has

killed any bird or taken the nest of eggs of any bird for other than the purposes above mentioned.

Time for which Certificates shall be in Force.

ar

85. Such certificates shall be in force for one year only from the date of their issue and shall
not be transferable.
§ 3. Article five of chapter four hundred and eighty-eight of the laws of eighteen hundred

and ninety-two, is hereby amended to read as follows:

ARTICLE, Vi

FIsH.
Section roo. Polluting streams.
ror. Taking fish by drawing off water forbidden.
102. Unlawful devices and explosives prohibited.
103. Waters not to be stocked from streams.
104. Fishing through the ice in waters inhabited by trout, et cetera, forbidden.
105. Trout; close season. f
106. Trout not to be taken unless six inches in length.
107. Trout, et cetera, not to be disturbed while spawning.
1o8. Salmon trout and land-locked salmon; close season.
tog. Certain fish not to be transported.
110. Black bass and Oswego bass, pickerel and wall-eyed pike in Saint Lawrence
river; close season.
111. Bass not to be taken less than eight inches in length.
112. Muskallonge; close season.
113. Salmon; close season.
114. Salmon not to be taken less than eighteen inches in length.
117. Sign-boards near fishways.
118. Fishing near fishways prohibited.
121. Salt-water striped bass.

122. Striped bass ; close season.

Polluting Streams.

§ 100. No dyestuff, coal tar, refuse from gas houses, sawdust, shavings, tanbark, lime or
other deleterious or poisonous substances shall be thrown or allowed to run into any of the
waters of this State, either private or public, in quantities destructive to the life of fish inhabiting
the same. Whoever shall violate or attempt to violate the provisions of this section shall be
deemed guilty of misdemeanor, and in addition thereto shall be liable to a penalty of one
hundred dollars for each violation thereof.

290 STATE OF NEW YORK.

Taking Fish by Drawing Off Water and by Other Devices Forbidden; Exception.

§ 1o1. No fish shall be taken by shutting or drawing off water for that purpose ; provided,
however, that the commissioners of fisheries, game and forest may give permission to persons
owning or in charge of private ponds, reservoirs or the waters of the state, the privilege of taking
therefrom carp, pickerel or other deleterious fish with nets or other devices, or by drawing off
the waters from said ponds or reservoirs. Whoever shall violate or attempt to violate the
provisions of this section shall be deemed guilty of a misdemeanor and, in addition thereto, shall
be liable to a penalty of one hundred dollars for each violation thereof, and ten dollars for each
fish so taken.

(As amd. by chap. 462 of Laws of 1896.)

Unlawful Devices and Explosives Prohibited.

§ 102. The use of dynamite or other explosives in any of the waters of the state is prohibited
except for mining and mechanical purposes. ‘The possession by any person on the shores or
islands of the inland waters of this state of dynamite or other explosives where the use of the
same is prohibited by this section, shall be deemed a violation thereof. Whoever shall violate
or attempt to violate the provisions of this section shall be deemed guilty of misdemeanor and
on conviction thereof shall be imprisoned for a period of not less than thirty days, and in addition

thereto shall be liable to a penalty of one hundred dollars for each violation thereof.

Stocking Private Waters.

§ 103. No trout of any kind, salmon trout or land-locked salmon, shall be taken from any
of the waters of this state for the purpose of stocking a private pond or stream, except that the
owner of such private pond may, upon the written consent of the fisheries, game, and forest
commission, take any such fish from any stream of water running through premises owned by
him, solely for the purpose of being placed in such private pond. Whoever shall violate, or
attempt to violate the provisions of this section shall be deemed guilty of a misdemeanor, and,
in addition thereto, shall be liable to a penalty of twenty-five dollars for each violation thereof,
and ten dollars for each fish so taken.

(As amd. by chap. 368 of Laws of 1896.)

Fishing Through the Ice in Waters Inhabited by Trout, Et Cetera, Forbidden.

§ 104. No fish shall be fished for, caught or killed through the ice in any waters inhabited
by trout, salmon trout or land-locked salmon during the closed season for the taking of such
fish. The provisions of this section do nct apply to Lake Ontario, Lake Erie, the Hudson
and Niagara rivers, nor to Silver lake in the county of Wyoming, from the first day of January
to the fifteenth day of February, both inclusive. Whoever shall violate or attempt to violate the
provisions of this section shall be deemed guilty of misdemeanor, and in addition thereto shall
be liable to a penalty of twenty-five dollars for each violation thereof and ten dollars for each
fish so caught or possessed.

(As amd. by chap. 367 of Laws of 1896.)

FISHERIES, GAME AND FOREST LAW. 291

Trout ; Close Season.

§1o5. Trout of any kind shall not be fished for, caught, killed or possessed except from
the sixteenth day of April to the thirty-first day of August, both inclusive. This section shall
not apply to Long Island. Whoever shall violate or attempt to violate the provisions of this
section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a
penalty of twenty-five dollars for each violation and ten dollars for each fish so caught or

possessed.

Trout not to be Taken Unless Six Inches in Length.

§ 106. Trout of any kind, salmon trout or land-locked salmon, less than six inches in length.
shall not be intentionally taken or possessed, and in case any such fish is caught or taken, the
person taking it shall immediately place such fish back in the waters from which it was taken,
without unnecessary injury. Whoever shall violate or attempt to violate the provisions of this
section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a

penalty of ten dollars for each fish so taken or possessed.

Trout, Et Cetera, not to be Disturbed While Spawning.

§107. Trout of any kind, salmon trout or land-locked salmon shall not be willfully
molested or disturbed while upon their spawning beds during the close season, nor shall such
fish or any spawn or milt from any such fish be taken or carried away while upon the spawning
beds. Whoever shall violate or attempt to violate the provisions of this section shall be
deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of twenty-five

dollars for each fish so taken, possessed or carried away.

Salmon Trout and Land-locked Salmon; Close Season.

§ 108. Salmon trout, sometimes known as lake trout, and land-locked salmon, shall not be
caught or killed in the inland waters of this state, except from the first day of May to the
thirtieth of September, both inclusive; provided, however, that it shall be lawful to possess
and sell at any time salmon trout, or land-locked salmon, if said fish have not been taken from
the inland waters of this state during the close season, but possession of such fish during such
close season is forbidden and shall be deemed a violation of this section, unless it be proved by
the possessor that such fish were not caught in such inland waters during the close season. The
provisions of this section shall not apply to Long Island. Whoever shall violate the provisions
of this section, shall be deemed guilty of misdemeanor and in addition thereto shall be liable to
a penalty of twenty-five dollars for each violation and ten dollars for each fish so caught, killed

or possessed.

Certain Fish not to be Transported.

§ 10g. Trout of any kind, salmon trout or land-locked salmon, caught in any of the inland
waters of this state, shall not be transported to any point within or without the state from or

292 STATE OF NEW YORK.

through any of the counties thereof, or possessed for that purpose, except when accompanied
by the owner. Possession thereof by a common carrier or by any person in its employ then
actually engaged in the business of such common carrier unaccompanied by the owner shall
constitute a violation of this section by such common carrier. Whoever shall violate or attempt
to violate the provisions of this section shall be deemed guilty of misdemeanor and in addition
thereto shall be hable to a penalty of twenty-five dollars for each violation and ten dollars for

each fish so caught or possessed.

Black Bass, Oswego Bass, Pickerel, Pike or Wall-Eyed Pike; Close Season.

§ r10. Black bass or Oswego bass, shall not be fished for, caught, killed or possessed except
from the thirtieth day of May to the thirty-first day of December, both inclusive, and shall not
be fished for, caught or killed in Lake George or Schroon lake, except from the first day of
August to the thirty-first day of December, both inclusive, and shall not be fished for, caught or
killed in the Schoharie river or in Foxes creek within three years from the thirty-first day of
May, eighteen hundred and ninety-six, except in the month of August. Pickerel, pike, or wall-
eyed pike, shall not be fished for, caught or killed or possessed except from the first day of May
to the thirty-first day of January, both inclusive, except as provided in section one hundred and
forty-one. Provided, however, that the commissioners of fisheries, game and forest shall have
power to permit the taking or destruction of pickerel at any time in the waters inhabited by
trout. The provisions of this section shall not apply to the Saint Lawrence between Tibbet’s
point lighthouse and the city of Ogdensburgh. Whoever shall violate or attempt to violate the
provisions of this section shall be deemed guilty of misdemeanor and in additon thereto shall
be lable to a penalty of twenty-five dollars for each fish so caugit, killed or possessed. Every
person fishing in the Schoharie river or in Foxes creek, or having fish in his possession caught
in either of said waters, shall, whenever requested by any fish and game protector, or by any
sheriff, deputy sheriff, constable, game constable or police constable, permit such officer to
inspect and examine the fish taken by him or in his possession or control or in the boat, basket,
creel, lock-up, or other thing occupied or possessed by him, and in case of his refusal to permit
such inspection or examination he shall be liable to a penalty of twenty-five dollars for each
such refusal, and such officer making such request shall have power, and he is hereby
authorized, without a search-warrant, to at once proceed and make such inspection and
examination of said fish, boat, basket, creel, lock-up or other thing in his possession or control,
and to use such force as may be necessary for such purpose. Such refusal, if in the open
season in said waters, shall be presumptive evidence that such person so refusing had inten-
tionally taken from said waters, in said open season, and kept and not returned thereto, one
black bass less than eight inches in length, in violation of this article, and if in the closed season
in said waters, that he had taken one black bass from said waters during such closed season, in
violation of the provisions of this section.

(As amd. by chap. 531 of Laws of 1896.)

FISHERIES, GAME AND FOREST LAW. 293

Black Bass not to be Taken Less Than Eight Inches in Length.

§ 111. No black bass, less than eight inches in length, shall be intentionally taken from any
of the waters of this state, nor possessed, and in case any such fish is caught or taken the person
taking it shall immediately return it to the waters from which it was taken without unneces-
sary injury. The provisions of this section shall not apply to the Saint Lawrence river between
Tibbet’s point lighthouse and the city of Ogdensburgh. Whoever shall violate the provisions
of this section shall be deemed guilty of misdemeanor and in addition thereto shall be liable
to a penalty of ten dollars for each fish so taken or possessed.

(As amd. by chap. 531 of Laws of 1896.)

Muskallonge; Close Season.

§ 112. Muskallonge shall not be fished for, caught or possessed, except from the thirtieth
day of May to the last day of February, both inclusive. The provisions of this section shall not
apply to the Saint Lawrence river between Tibbet’s point lighthouse and the city of Ogdens-
burgh. Whoever shall violate, or attempt to violate, the provisions of this section shall be
deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of twenty-five
dollars for each violation and ten dollars for each fish so caught, killed or possessed.

(As amd. by chap. 531 of Laws of 1896.)

Salmon; Close Season.

§ 113. Salmon shall not be fished for, caught or killed between the fifteenth day of August
and the first day of March following, nor shall such fish taken between those dates in this state
be possessed. Whoever shall violate or attempt to violate the provisions of this section shall be
deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of twenty-five

dollars for each violation, and ten dollars for each fish so caught, killed or possessed.

Salmon Not to be Taken Less than Eighteen Inches in Length.

§ 114. No salmon less than eighteen inches in length shall be intentionally taken alive from any
of the waters of this state, nor possessed, and in case any such fish is caught or taken the person
taking it shall immediately place such fish back in the waters from which it was taken without
unnecessary injury. Whoever shall violate or attempt to violate the provisions of this section
shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of

twenty-five dollars for each violation and ten dollars for each fish so taken, killed or possessed.

Signboards Near Fishways.

§ 117. The commissioners of fisheries, game and forest are required to maintain, fifty rods
from any fishway erected by the state, and on both sides of the stream, signboards containing
substantially the following notice: “ Fifty rods to the fishway ; all persons are by law prohibited
from fishing in this stream between this point and the fishway.” The provisions of this section

shall apply to public waters only.

294 STATE OF NEW YORK.

Fishing Near Fishways Prohibited.

§ 118. Fishing or attempting to take fish by any device whatever within fifty rods of such
fishway, erected by the state, and any interference with the signboards there maintained by the
commissioners of fisheries, game and forest, is forbidden. Whoever shall violate or attempt to
violate the provisions of this section shall be deemed guilty of misdemeanor and in addition
thereto shall be liable to a penalty of twenty-five dollars for each violation and ten dollars for
each fish so taken, killed or possessed.

Salt-water Striped Bass.

§ 121. No salt-water striped bass less than eight inches in length shall be intentionally taken
from any of the waters of this state, nor possessed ; and, in case any such fish is taken, the
person so taking it shall immediately place such fish back into the water from which it was taken
without unnecessary injury. Whoever shall violate or attempt to violate the provisions of this
section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of
twenty-five dollars for each violation, and ten dollars for each fish, so taken, killed or possessed.

§ 4. Article six of chapter four hundred and eighty-eight of the laws of eighteen hundred

and ninety-two, is hereby amended to read as follows:

ARTICLE VI.
MISCELLANEOUS PROVISIONS.

Section 130. Certain fish not to be placed in the waters of the Adirondacks.

131. St. Lawrence river, Niagara river and Lake Champlain, fishing by certain
devices prohibited.

132. Lake Ontario, Lake Erie, and Cattaraugus creek, fishing by certain devices
prohibited.

134. Meshes of nets in Lakes Erie, Ontario and Cattaraugus creek.

136. Taking shad, herring and other fish in the Hudson and Delaware rivers and
other waters. ,

137. Salmon taken in nets from the Hudson river to be thrown back.

138. Richmond county and New York or Raritan bay; regulations as to nets.

139. Nets not to be used in the Harlem river.

140. Exceptions as to Saint Lawrence and Warren counties.

141. Certain fish may be caught through the ice in lakes named.

143. Eel-wiers.

145. Taking minnows for bait.

146. Size of meshes in Coney Island creek regulated.

149. Frost fish and whitefish may be taken with nets in certain lakes.

150. Fishing with nets and other devices.

151. Nets to be licensed.

152. Thumping.

153. Exceptions as to commissioners of fisheries, game and forest.

FISHERIES, GAME AND FOREST LAW. 295

Certain Fish Not to be Placed In the Waters of the Adirondacks.

§ 130. No fish, fish fry, spawn or melt, except speckled trout, brook trout, brown trout, salmon
trout, rainbow trout, Adirondack frost fish or land-locked salmon, shall be placed in the waters of
the Adirondack region except under the immediate supervision and in pursuance of a resolution of
the commissioners of fisheries. Whoever shall violate or attempt to violate the provisions of this
section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty

of five hundred dollars for each violation thereof.

Saint Lawrence River, Niagara River and Lake Champlain, Fishing by
Certain Devices Prohibited.

§ 131. No fish shall be fished for, caught or killed in any manner, or by any device except
angling in the waters of the St. Lawrence river, Niagara river, nor in Lake Champlain in this
state, except that it shall be lawful to fish with seines, machines or traps in that portion of the
waters of Niagara river adjacent to andincluded within the limits of the town of Lewiston, county of
Niagara, for the purpose of catching fish of all kinds, except. black bass, yellow pike, salmon
trout, whitefish, pickerel and muskallonge, during the same months in the year in which it is law-
ful for a citizen of the Dominion of Canada to fish in like manner and fora like purpose in that
portion of the waters of said river within said dominion adjacent or opposite to those herein last
aforesaid ; provided, however, that no such seine, machine or trap shall be used for fishing pur-
poses without first obtaining a license to use the same from the commissioners of fisheries, game
and forests, who, upon application of a person entitled thereto, as provided herein, may grant
such license upon payment of five dollars a year for each and every seine, machine or trap
licensed. No license, however, shall be granted to any person except citizens of the United
States of America, and except that it shall be lawful to take bullheads, eels, suckers, catfish and
pike or pickerel in Lake Champlain, except during the months of March, April and May, and in
the waters of Niagara river during the months of November, December, January and March it
shall be lawful to take all fish excepting black bass and muskallonge with a seine, providing that
permission so to do has been first obtained from the commissioners of fisheries, game and forests,
and fish taken contrary to the provisions of this section shall not be knowingly possessed. No
fish shall betaken from the waters of Silver lake or the marshes adjoining such lake, by any means
or device whatever, during the months of March and Apmil. Whoever shall violate or attempt
to violate the provisions of this act shall be deemed guilty of misdemeanor, and in addition
thereto, shall be liable to a penalty of one hundred dollars for each violation thereof.

(As amd. by chap. 783 of Laws of 1896.)

Lake Ontario, Lake Erie, and Cattaraugus Creek, Fishing by Certain
Devices Prohibited.

§ 132. No fish shall be fished for, caught or killed in any manner or by any device except
angling, in the waters of Lake Ene, within one-half of a mile of the shores thereof, or of any of the

islands therein ; nor in the Cattaraugus creek, or within five miles of the mouth thereof, or of any

296 STATE OF NEW YORI:

island therein; nor in Lake Ontario, within one mile of the shore, or of any island therein, nor
within three miles of the mouth of the Niagara river, the waters of Lake Ontario in the county
of Jefferson, included between Blue Rock Point, in the town of Brownville, and the town line
between the towns of Lyme and Cape Vincent, including Chaumont bay, Griffin bay, and Three
Mile bay, in the county of Oswego, between the northerly line of the town of Mexico and
Jefferson county line,are hereby exempt from the provisions of this act, but sections one hundred
and ten, one hundred and eleven and one hundred and sixty-eight of this act shall apply to said
waters. Fish taken contrary to the provisions of this section shall not be knowingly possessed.
Whoever shall violate or attempt to violate the provisions of this section shall be guilty of
misdemeanor and in addition thereto shall be liable to a penalty of one hundred dollars for each

violation thereof.

Meshes of Nets Used In Lakes Erie and Ontario and Cattaraugus Creek.

§ 134. The meshes of nets used in Lake Erie and Lake Ontario and Cattaraugus creek shall
not be less than one and one-eighth inch bar. Whoever shall violate or attempt to violate the
provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall be

hable to a penalty of one hundred dollars for each violation thereof.

Taking Shad, Herring and Other Fish In the Hudson and Delaware Rivers,
and Other Waters.

§ 136. Shad, herring and other fish shall not be taken from the Hudson or Delaware rivers
or Rondout creek with nets of any kind. Shad and herring shall not be taken from Rondout
creek or the Hudson or Delaware rivers between the fifteenth day of June and the fifteenth day
of March following; between the fifteenth day of March and the fifteenth day of June shad
and herring may be taken from said waters by nets ; but said nets shall not be drawn nor fish
taken therefrom between sunset on Saturday night and sunrise on Monday morning, unless by
reason of the inclemency of the weather said nets can not be drawn prior to sunset on Saturday
night, in which case it shall be lawful to take fish therefrom as soon as the weather will permit,
and between the first day of September and the thirtieth day of May following, bullheads, catfish,
suckers, eels, pickerel, sturgeon, white and yellow perch, may be caught by means of hoop-nets,
fykes, and gill-nets, in the Hudson river, Wallkill creek and in Rondout creek, below the dam at
Eddyville and in Wappingers creek, and in the Ten Mile river in the town of Dover, nets shall
not be set or used north of the dam at Troy between June first and September first; sturgeon
may also be taken in the waters of the Hudson river with sturgeon nets of not less than seven
inches. Nothing in this section shall be construed to prohibit the catching of fish with hook

and line in Rondout creek at any time.

(As amd. by chap. 154 of Laws of 1896.)

FISHERIES, GAME AND FOREST LAW. 297

Salmon Taken In Nets From the Hudson River to be Thrown Back.

137- Salmon, black bass, trout, salmon trout, and pike perch caught in nets, in fishing for

a

other fish in the Hudson river, shall be thrown back into the water without unnecessary injury.
Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty
of misdemeanor and in addition thereto shall be liable to a penalty of twenty-five dollars for

each violation thereof.

Richmond County and New York or Raritan Bay ; Regulations as to Nets.

§ 138. No device except angling shall be placed, drawn or used for the capture of any fish,
except menhaden, in the waters of Raritan bay, nor in any waters adjacent thereto, in Richmond
county, except that shad may be taken by shad-nets between the fifteenth day of March and the
fifteenth day of June, both inclusive, but said nets shall not be allowed to remain in said waters
from Saturday at sunset to the following Monday at sunrise. Whoever shall violate or attempt
to violate the provisions of this section shall be deemed guilty of misdemeanor and in addition

thereto shall be liable to a penalty of one hundred dollars for each violation thereof.

Nets Not to be Used In the Harlem River.

§ 139. Nets, set-nets, pounds or fykes shall not be used in Harlem river or East river or the
adjacent waters or confluent brooks within five miles from Middlegate or between said Middle-
gate and Fort Schuyler. This section shall not apply to nets used for catching lobsters or crabs
in Harlem, North or East rivers. Whoever shall violate or attempt to violate the provisions of
this section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to a

penalty of one hundred dollars for each violation thereof.

Exceptions as to Saint Lawrence and Warren Counties.

§ 140. It shall be lawful to fish at any time for perch, suckers, bullheads and pickerel with
nets and fykes, and to spear such fish through the ice in any of the streams, ponds or lakes in
Warren county, excepting that in Schroon lake, Long pond or Glen lake and Lake George the
use of nets, spears and fykes is forbidden. No fish of any kind, except suckers and billfish or
garpikes, shall be caught in Black lake, in Saint Lawrence county, or in the waters tributary to said
lake, or in the Oswegatchie river, from the boundaries of the city of Ogdensburgh to the village
of Heuvelton, except from the first day of May to the fifteenth day of November, both inclusive.
Nothing herein contained shall be construed as prohibiting the catching of fish by angling, in the
waters of Black lake, in Saint Lawrence county, at any time, nor the use of spears in catching
fish in said Black lake during the months of September, October and November. No trans-
portation company in Saint Lawrence or Jefferson counties shall transport any fish caught
contrary to the provisions of this section, and when fish, at any time, are offered such company
for transportation, they may at their option refuse to accept the same until satisfactory proof is

furnished that they were not caught in violation of law. Possession thereof by a

2098 STATE OF NEW YORK.

common carrier, or by any person in its employ then actually engaged in the business of such
common carrier, unaccompanied by the owner, shall constitute a violation of this section by such
common carrier. Whoever shall violate or attempt to violate the provisions of this section shall
be guilty of misdemeanor and in addition thereto shall be lable to a penalty of one hundred

dollars for each violation thereof.

Certain Fish May Be Caught Through the Ice In Lakes Named.
§ 141. Pickerel, bullheads, catfish, eels, perch and sunfish may be fished for through the

ice with hooks and lines or tip-ups in Lake Keuka or Crooked lake or in any of the waters of
the state not inhabited by trout, lake trout, salmon trout, black or Oswego bass or land-locked
salmon or muskallonge and by set lines in the Susquehanna river, and in the waters of Port bay,
in the county of Wayne. Suckers, bullheads, eels and dog-fish may be caught at any time by
means of hooking and spearing in Oneida lake and Oneida river or in any of the waters of the
state not inhabited by trout, lake trout, land-locked salmon, muskallonge, black bass or Oswego
bass. Provided, however, that pike, pickerel and wall-eyed pike may be taken with hook and
line or spear, and muskallonge with hook and line, in any of the inland waters of this state not
inhabited by trout, or salmon of any kind during the months of December, January and
February, except in waters of Cortland county. Suckers, bullheads and eels may be caught in
Seneca lake with seines four rods in length and meshes to be not less than one and one-fourth
inches in size, with rope for hauling not to be more than thirty feet in length at each end of net,
providing that permission so to do has been first obtained from the commissioners of fisheries,

game and forests.

Eel Weirs.

§ 143. Eel weirs of which the laths are not less than one inch apart, may be maintained at
any time in any of the waters of this state not inhabited by trout, lake trout, salmon trout, or
land-locked salmon, except in the Chemung river and its tributaries in the counties of Steuben
and Chemung, and except in the Susquehanna river; provided, that there be a clear passage at
low water mark at some point in said weir of not less than ten feet in width for the passage of -
boats and fish. Eel pots of a form and character such as may be prescribed by the rules of the
commissioners of fisheries, may be used in any waters not inhabited by trout, lake trout, salmon
trout, or land-locked salmon. Whoever shall violate or attempt to violate the provisions of this
section shall be deemed guilty of misdemeanor, and in addition thereto shall be liable to a penalty
of fifty dollars for each and every eel weir or eel pot built or maintained in violation of this
section, and ten dollars for each fish caught therein in violation of this section.

(As amd. by chap. 658 of Laws of 1896.)

Taking Minnows for Bait.
§ 145. The provisions of this act prohibiting the use or placing of nets and certain devices
in waters of the State shall not apply to taking minnows for bait, but nets for that purpose must

not exceed forty feet in length and four feet in depth, with ropes at either end not exceeding

FISHERIES, GAME: AND FOREST LAW. 299

thirty feet. This section shall not authorize the placing or use of nets or any other device of a
kind used for catching fish in streams inhabited by trout, nor the taking of trout by means of
nets or other devices except angling in any waters. The provisions of this section shall not

apply to salt waters.

Size of Meshes in Coney Island Creek Regulated.

§ 146. The meshes of nets used in Coney Island creek to the mouth thereof, extending out
into Gravesend Bay one-half mile each way, shall not be less than four inches square, except
that for eel and flounder fishing hoop-nets with suitable meshes may be used within said bay
from the fifteenth day of October to the thirty-first day of March following, both inclusive.
Whoever shall violate or attempt to violate the provisions of this section shall be guilty of
misdemeanor and in addition thereto shall be lable to a penalty of twenty-five dollars for each

violation thereof.

Frost Fish and White Fish May Be Taken with Nets in Certain Lakes.

§ 149. Frost fish and white fish may be taken from the waters of Otsego Lake in the
county of Otsego, from the first day of May to the thirty-first day of August, both inclusive,
with seines having meshes not less than one and three-quarter inches bar, provided, however,
that such fishing with seines shall only be done in the daytime, between sunrise and sunset, and
pickerel may be taken through the ice in said lake, by tip-ups or set lines; and frost fish,
white fish or Otsego bass, lake trout, perch, eels, and pickerel may be taken from the waters of
said lake by rod and reel or by hook and line held in hand from the first day of January to the
thirty-first day of October, both inclusive. Frost fish, whitefish, catfish, sunfish, pumpkin
seeds, bullheads, perch and suckers may also be taken with nets from inland lakes not inhabited
by brook trout during such period, and in such manner and under such rules and regulations as
the commissioners of fisheries, game and forest may prescribe, which rules and regulations
may be amended or abrogated at any time. Such rules may be either general or special at the
option of the commissioners, and may‘be published in such manner as they may deem proper.
Whoever shall yiolate or attempt to violate such rules and regulations or the provisions of this
section shall be deemed guilty of misdemeanor and in addition thereto shall be liable to
a penalty of one hundred dollars for each violation thereof.

(As amd. by chap. 150 of Laws of 1896.)

Fishing With Nets and Other Devices.

§ 150. Fishing with nets, seines, fykes, dip-nets or other devices except angling or placing,
drawing or using the same in any of the rivers, lakes and inland waters of this State is prohibited
except as permitted by this act, and except where otherwise provided. The meshes of all nets
seines, fykes and dip-nets which may be lawfully used shall in no case be less than one and one-

eighth inch bar. Whoever shall violate or attempt to violate the provisions of this section shall
21

300 STATE OF NEW YORK.

be deemed guilty of misdemeanor and in addition thereto shall be lable to a penalty of one
hundred dollars for the first violation thereof and two hundred dollars for each subsequent

violation thereof.

Nets to Be Licensed.

§ 151. It shall be the duty of the board of commissioners of fisheries, game and forest
to prescribe rules and regulations for the purpose of granting all licenses to seines, fykes and
nets in water when specially permitted by this act, other than dip-nets, scap-nets and nets used
for taking minnows for bait and to cause a duly authenticated copy of the same to be filed in
the office of the secretary of state; and it shall be the duty of the secretary of state
to print such rules and regulations in the volume of session laws for the current
year. Such rules and regulations shall take effect upon the first day of September,
eighteen hundred and ninety-five, and thereafter fishing with seines, fykes, and nets other
than scap-nets, dip-nets and nets used for catching minnows for bait, without a
license having been obtained therefor in accordance with such rules and regulations, is
prohibited. Whosoever shall violate or attempt to violate the provisions of this section shall
be deemed guilty of misdemeanor and in addition thereto shall be lable to a penalty of one
hundred dollars for each violation thereof. The provisions of this section shall not apply to the

salt waters of the state.

Thumping.

§ 152. Sailing, rowing, pushing cr floating in any boat or vessel on any waterway, run or
channel in which the waters are too deep to draw a seine in the usual way, or patroling the
banks of such waterway, run or channel and at the same time stamping, jumping, shouting,
pounding, beating, or splashing the waters, beating or pounding the banks, waters or boats
while a seine is set, drawn, held or floated at either end of such waterway, run or channel or
the sides thereof with the intent to frighten the fish out of the deep waters into such seine and
generally known as thumping, is forbidden. Whoever shall violate or attempt to violate the
provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall

be liable to a penalty of fifty dollars for each violation thereof.

Exceptions as to Commissioners of Fisheries, Game and Forest.

§ 153. The provisions of this act shall not be so construed as to prevent the commissioners
of fisheries, game and forest, or persons in their employ and under their direction from taking
fish with nets at such times and in such manner as they may direct for the purpose of the
artificial propagation of fish.

§ 154. It shall be lawful to fish in the waters of Seneca lake with nets or seines, the meshes
of which shall not be less than a two-inch bar, from the first day of June to the thirtieth day of

September, both inclusive, provided that permission so to do has been first obtained and a

FISHERIES GAME AND FOREST LAW. 301

license secured from the commissioners of nsheres, game and forests. Whoever shall violate
or attempt to violate the provisions of this section shall be deemed guilty of a misdemeanor and
in addition thereto shall be liable to a penalty of fifty dollars for each violation thereof.

(This Sec. (No. 154) is chap. 660 of Laws of 1896.)

§ 5. Article seven of chapter four hundred and eighty-eight of the laws of eighteen hundred

and ninety-two, is hereby amended to read as follows:

ARI @IE Walle

SPECIAL PROVISIONS AS TO KINGS, QUEENS AND SUFFOLK COUNTIES AND LonG IsLAND
SOUND.

Section 160. Article to apply to Kings, Queens and Suffolk counties and Long Island
Sound only.
161. Close season for wild fowl.
162. Exception as to wild fowl.
163. Plover and other birds ; close season.
164. Woodcock and grouse; close season.
165. Robbins and Gardiners islands.
166. Trout; close season.
167. Salmon trout and land-locked salmon ; close season.
168. Black bass; close season.
169. Hares and rabbits.
170. Deer.
171. Black and gray squirrels.

172. Jamaica bay.

173. Supervisors of Suffolk county ; powers conferred.
174. Destroying or robbing nests.

175. Meadow hens and other birds ; close season.

Article to Apply to Kings, Queens and Suffolk Counties and Long Island
Sound Only.

§ 160. This article applies exclusively to the counties of Kings, Queens and Suffolk and
Long Island sound.

Close Season for Wild Fowl.

§ 161. Web-footed wild fowl shall not be shot at, hunted, killed or possessed from the first
day of May to the thirtieth day of September, both inclusive, nor shall the same be pursued, shot
at, hunted or killed between sunset and daylight. Whoever shall violate or attempt to violate the
provisions of this section, shall be deemed guilty of a misdemeanor and in addition thereto shall
be liable to a penalty of twenty-five dollars for each bird killed, trapped or possessed contrary to
the provisions of this section.

302 SDADE OF NEW YORK:

Exceptions as to Wild Fowl.

§ 162. Floating devices may be used for the purpose of shooting web-footed wild fowl
therefrom in Long Island sound, Great South Bay, west of Smith’s Point, Shinnecock and
Peconic bays, and in any part of said counties said birds may be pursued and killed from boats
propelled by hand, and from any sail boats in Long Island sound, Gardiner and Peconic bays.
Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty
of misdemeanor, and in addition thereto shall be lable to a penalty of twenty-five dollars for

each bird killed or possessed contrary to the provisions of this section.

Plover and Other Birds; Close Season.

§ 163. Plover, curlew, jack snipe, bittern, Wilsons, commonly known.as English snipe, yellow
legs, Killdeer, Willet snipe, dowitcher, short-necks, rail, sandpiper, baysnipe, surf snipe, winter
snipe, ring-necks, and oxeyes shall not be shot at, hunted, killed or possessed, except from the
first day of July to the thirty-first day of December, both inclusive. Whoever shall violate or
attempt to violate the provisions of this section shall be deemed guilty of misdemeanor and in
addition thereto shall be liable to a penalty of twenty-five dollars for each bird killed, trapped or

possessed contrary to the provisions of this section.

Woodcock and Grouse; Close Season.

§ 164. Ruffed grouse, commonly known as partridge, or any member of the grouse family or
meadow larks shall not be hunted, shot at or killed from the first day of January to the thirty-
first day of October, both inclusive. Woodcock shall not be hunted, shot at or killed from the
first day of January to the thirty-first day of July, inclusive. Nor shall either of such birds be
possessed, dead or alive, or sold after the thirty-first day of January until the end of the close
season for such birds respectively. Possession thereof during the month of January is forbidden
and shall be deemed a violation of this section, unless it be proved by the possessor or seller that
said birds were killed within the lawful period for killing the same or out of this state. Whoever
shall violate or attempt to violate the provisions of this section shall be deemed guilty of misde-
meanor and in addition thereto shall be liable to a penalty of twenty-five dollars for each bird

killed, trapped or possessed contrary to the provisions of this section.

Robbins and Gardiners Island.

§ 165. Quail may be shot on Robbins island so long as it remains the property of the
Robbins Island club, and on Gardiners island, from the fifteenth day of October to the thirty-first
day of January following, both inclusive, and woodcock may be shot on such islands from the
first day of August to the thirty-first day of December, both inclusive. _ Whoever shall violate or

attempt to violate the provisions of this section shall be deemed guilty of misdemeanor.

FISHERIES, GAME AND FOREST LAW. 30

LoS)

Trout; Close Season.

§ 166. Trout shall not be fished for, caught, killed or sold as food except from the twenty-
ninth day of March to the thirty-first day of August, both inclusive. Whoever shall violate or
attempt to violate the provisions of this section shall be deemed guilty of misdemeanor, and in
addition thereto shall be liable to a penalty of twenty-five dollars for each violation thereof and
ten dollars for each fish so caught.

Salmon Trout and Land-locked Salmon; Close Season.

§ 167. Salmon trout and land-locked salmon shall not be fished for, caught, killed or
possessed except from the first day of April to the thirtieth day of September, both inclusive ;
provided, however, that it shall be lawful to possess and sell at any time salmon trout if said fish
have not been taken from the inland waters of this state during the close season, but possession
of such fish during such close season is forbidden and shall be deemed a violation of this section,
unless it be proved by the possessor that such fish were not caught in such inland waters during
the close season. Whoever shall violate or attempt to violate the provisions of this section shall
be deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of twenty-

five dollars for each violation thereof and ten dollars for each fish so caught.

Black Bass; Close Season.

§ 168. Black bass shall not be fished for, caught, killed or possessed except from the thirtieth
day of May to the thirty-first day of December, both inclusive. Whoever shall violate or attempt
to violate the provisions of this section shall be deemed guilty of misdemeanor and in addition
thereto shall be liable to a penalty of twenty-five dollars for each violation thereof and ten dollars

for each fish so caught.

Hares and Rabbits.

§ 169. Hares and rabbits shall not be shot at, hunted, killed or possessed, except from the
first day of November to the thirty-first day of December, both inclusive. The use of ferrets in
the hunting of rabbits is hereby prohibited. Whoever shall violate or attempt to violate the
provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall be
liable to a penalty of twenty-five dollars for each animal killed, trapped or possessed contrary to
the provisions of this section.

Deer.

§ 170. Shooting at, hunting with dogs or otherwise, or killing deer is prohibited, except
during each Wednesday in the month of November in each year. Whoever shall violate or
attempt to violate the provisions of this section shall be deemed guilty of misdemeanor and in
addition thereto shall be liable to a penalty of one hundred dollars for each violation thereof.

(As amd. by chap. 144 of Laws of 1896.)

304 STATE OF NEW YORK.

Black and Gray Squirrels.

§ 171. Black and gray squirrels shall not be hunted, shot at, killed, or possessed except from
the first day of November to the thirty-first day of December, both inclusive. Whoever shall
violate or attempt to violate the provisions of this section shall be guilty of misdemeanor and in
addition thereto shall be liable to a penalty of twenty-five dollars for each animal killed or

possessed contrary to the provisions of this section.

Jamaica Bay.

§ 172. Fish shall not be fished for, caught or killed by any device except angling in the
waters of Jamaica bay; and nets shall not be placed in said waters for any purpose. The inlet
from the ocean to Jamaica bay shall not be obstructed by any net or device at any time so as to
prevent the passage of fish. Angling shall be lawful in said bay every day of the year. This
section does not prevent the catching of eels by the use of spear or eel-weir; or the capture of
minnows or shrimp for bait by means of hand nets, not exceeding forty feet in length, and four
feet in depth, nor the taking of refuse or debris from said water with nets, the meshes of which
shall not be less in size than six inch bar. Whoever shall violate or attempt to violate the
provisions of this section shall be deemed guilty of misdemeanor and in addition thereto shall be
liable to a penalty of twenty-five dollars for each violation thereof and ten dollars for each

fish so caught.

Supervisors of Queens and Suffolk Counties ; Powers Conferred.

§ 173. The boards of supervisors of the counties of Queens and Suffolk shall, in addition
to the powers herein conferred upon boards of supervisors, have power to pass rules, regu-
lations, laws and ordinances permitting, regulating, controlling or prohibiting the taking of
fish and shellfish from or in the salt water of either of such counties.

(As amd. by chap. 975 of Laws of 1806.)

Destroying or Robbing Nests.

§ 174. The nests of wild birds known as meadow hens or mud hens, the robbing of which
is commonly called egging, shall not be robbed or needlessly or willfully destroyed at any
time. Whoever shall violate or attempt to violate the provisions of this section shall be
deemed guilty of misdemeanor and in addition thereto shall be liable to a penalty of twenty-

five dollars for each violation thereof.

Meadow Hens and Other Birds; Close Season.

§ 175. Meadow hens, mud hens, gallinule or water chickens or grebe shall not be shot
at, hunted, killed or possessed from the sixteenth day of August to the thirty-first day of

December, both inclusive. Whoever shall violate or attempt to violate the provisions of this

FISHERIES, GAME AND FOREST LAW. 305

section shall be deemed guilty of misdemeanor and shall in addition thereto be liable to a

penalty of twenty-five dollars for each violation thereof.

§ 6. Article eight of chapter four hundred and eighty-eight of the laws of eighteen hun-

dred and ninety-two, is hereby amended to read as follows:

Section 18o.
181.
182.
183.
184.
185.
187.
188.
189.
Igo.
1gI.
192.
193-
194.
195-
197-
198.

State Oyster

ARTICLE: VIII.

SHELLFISH.

State oyster protector.

Salary and traveling expenses.

Assistant to protector.

Salaries, how paid.

Polluting waters.

Garbage, et cetera, not to be thrown into Long Island sound.
Taking oysters from Hudson river for replanting.

Close season in Harlem river.

Oyster beds protected.

Non-residents not to gather shellfish.

Dredging and raking for oysters and clams regulated.

Sale of lobsters under certain size prohibited.

Oysters, how sold, in shell.

Taking clams and oysters about Staten Island regulated.
Taking oysters in South bay regulated.

Leases for cultivation of shellfish. &

Limitation of preceding section.

Protector.

§ 180. The commissioners are authorized to appoint a state oyster protector, whose duty

it shall be to patrol, under the direction of the commissioners, the oyster regions of the

state for the purpose of enforcing the provisions of this act and guarding the shellfish

property thereof, who shall have the same powers and duties with reference to shellfish as

given by law to game and fish protectors and foresters for the protection of fish, game and

forests.

Salary and Traveling Expenses.

§ 181. The salary of such protector shall be one thousand dollars per annum, and he

shall be allowed in addition his actual traveling and incidental expenses, not exceeding seven

hundred and fifty dollars per year.

306 STATE OF NEW YORK.

Assistant to Protector.

§ 182. The commissioners, in their discretion, shall allow such protector an assistant, who
shall be paid at the rate of two dollars and fifty cents per day for the time of actual
service, together with his actual traveling and incidental expenses not exceeding five hundred

dollars per year.

Salaries, How Paid.

§ 183. The protector and his assistant shall be paid their salaries and expenses in the

same manner as game, fish and forest protectors are paid.

Polluting Water.

§ 184. Sludge, acid and other refuse from any oil works, or sugarhouses, or from buildings
connected with either of the same, or any substance injurious to oyster culture shall not be
placed or allowed to run into any waters within the jurisdiction of the State. ‘This section shall
not apply to refuse arising from the manufacture of oil from menhaden or other oil-bearing fish.
Whoever shall violate or attempt to violate the provisions of this section shall be guilty of misde-
meanor and in addition thereto shall be lable to a penalty of one hundred dollars for each

violation thereof.

Garbage, Et Cetera, Not to be Thrown Into Long Island Sound.

§ 185. No garbage, cinders, ashes or refuse of any kind shall be thrown from any vessel into
the waters of Long Island sound or into the bays or harbors opening into the same, west of a
line drawn from Old Field Point due north to the boundary line between New York and Con-
necticut, and within two miles of the shore, and no starfish shall be thrown into any waters of
the state. Whoever shall violate or attempt to violate the provisions of this section shall be
guilty of misdemeanor and in addition thereto shall be lable to a penalty of one hundred dollars

for each violation thereof.

Taking Oysters From Hudson River For Replanting.

§ 187. Oysters shall not be taken from the Hudson river north of the county of New York
at any time for the purpose of conveying them to another state to have them replanted. Who-
ever shall violate or attempt to violate the provisions of this section shall be guilty of misdemeanor
and in addition thereto shall be liable to a penalty of twenty-five dollars for each violation
thereof.

Close Season In Harlem River.

§ 188. Oysters shall not be taken from the Harlem river between the thirty-first day of May
and the first day of September. Whoever shall violate or attempt to violate the provisions of
this section shall be guilty of misdemeanor and in addition thereto shall be liable to a penalty of

twenty-five dollars for each violation thereof.

FISHERIES, GAME AND FOREST LAW. 307

Oyster Beds Protected.

§ 189. Sub. 1. No person shall fish for, take or catch any oysters or hard clams between
half an hour after sunset and half an hour before sunrise, except in the waters of the Kill von
Kull and the Arthur Kill. No person shall in any wise interfere with, take, disturb or carry
away the oysters of another lawfully planted or cultivated in any of the waters of this state, or
remove any stakes or buoys or any boundary marks of any planted or cultivated beds. The presence
of any person on said beds with dredges or tongs overboard shall be considered prima facie
evidence of guilt. Whoever shall violate or attempt to violate the provisions of this subdivision
shall be guilty of a misdemeanor and in addition thereto shall be liable to a penalty of one
hundred dollars for each violation thereof.

2. All sheriffs, deputy sheriffs and constables, shall, and any other person, may, seize any boat
or vessel used by any person or persons in violation of subdivision one of this section, together
with the tackle, apparel and furniture of said boat or vessel wherever found, within one year after
such violation, and shall forthwith give notice thereof to any justice of the peace of the county
where the seizure was made.

3. The justice of the peace, to whom such notice is given as provided in subdivision two of
this section, shall forthwith fix a time and place for trial, and give at least six days’ previous
notice of the same to the person or persons in possession of said boat or vessel at the time of
such seizure, and also to the owner thereof, if said persons entitled to such notice are known and
are residents of the county within which the seizure is made. If any of the persons entitled to
such notice are unknown or are non-residents of the county where the seizure is made, then the
said justice of the peace shall order that a notice directed to such person or persons, if known,
or if unknown, then generally to whom it may concern, be published once a week, for two
successive weeks, in a newspaper published in the said county, which notice shall contain, as
near as may be a description of the boat, vessel or property seized, a concise statement of the
grounds of seizure thereof and the time and place fixed by the said justice of the peace for trial,
which time shall not be less than six days from the day of the last publication of such notice.

4. At the time and place fixed by the said justice of the peace for trial or at such time and
place to which the said justice of the peace may adjourn the same, he shall determine by the
evidence taken by him whether such boat, vessel or property was used in interfering with, taking,
disturbing or carrying away oysters or other shellfish in violation of any provisions of this section,
and if said justice of the peace shall determine that said boat, vessel or property was so used, he
shall order the same to be sold together with the furniture, tackle and apparel, and shall direct
the manner of the sale thereof. ‘The avails from such sale, after deducting all the charges and
expenses of such seizure, trial and sale, which said justice of the peace may allow, shall be paid
to the commissioners of fisheries, game and forest.

5. Any person who shall prevent or obstruct any person from entering and seizing any boat
or vessel liable to seizure under the provisions of this section, shall be guilty of misdemeanor
and shall be punished by a fine not exceeding one hundred dollars, or by imprisonment for not
more than one year or both.

(As amd. by chap. 383 of Laws of 1896.)

308 STATE OF NEW YORK.

Non-residents Not to Gather Shellfish.

§ 190. Only persons who ‘have been actual residents of this state for six months shall be
entitled to gather shellfish from the waters of this state, except when such non-resident is
employed for that purpose by a person authorized to gather the same. Whoever shall violate or
attempt to violate the provisions of this section shall be guilty of misdemeanor and in addition

thereto shall be liable to a penalty of one hundred dollars for each violation thereof.

Dredging and Raking for Oysters and Clams Regulated.

§ 191. No dredge operated by steam power or weighing over fifty pounds, shall be used on
beds of natural growth in dredging for shellfish.. No rake, tongs, dredge or other device shall be
used for taking hard or round clams with spaces or openings between the teeth or prongs of
less than one inch, and no hard or round clams less than one inch in thickness shall be caught
or possessed, but, if caught shall be returned to the water from which they are taken without
unnecessary injury, except as provided in section one hundred and seventy-three. Whoever shall
violate or attempt to violate the provisions of this section shall be guilty of misdemeanor and in

addition thereto shall be liable to a penalty of one hundred dollars for each violation thereof.

Sale of Lobsters Under Certain Size Prohibited.

§ 192. Lobsters less than nine inches in length, measured from one extremity to the other,
exclusive of claws or feelers, shall not be caught, sold or possessed. Whoever shall violate or
attempt to violate the provisions of this section shall be guilty of misdemeanor and in addition

thereto shall be liable to a penalty of twenty-five dollars for each violation thereof.

Oysters, How Sold, In Shell.

§ 193. Oysters in the shell may be sold either by count or measure ; if not sold by count
they shall be sold in a stave measure, which shall be uniform in shape and of the following
dimensions :

The bottom to be sixteen and one-half inches across from inside to inside, and the top to be
eighteen inches diagonally from inside chine to top; such measure shall be even or struck
measure, to be inspected and sealed by the sealer of weights and measures in the county where
used. This provision shall not affect the shipment of oysters in barrels to foreign countries.
Oyster measures sealed by the county sealer may be used in any county of the state. Whoever
shall violate or attempt to violate the provisions of this section shall be guilty of misdemeanor
and in addition thereto shall be liable to a penalty of twenty-five dollars for each violation

thereof.

Taking Clams and Oysters About Staten Island Regulated.

§ 194. Oysters and clams, whether of natural growth or planted, shall not be dug up, caught,

or removed between half an hour after sunset and half an hour before sunrise, from the waters on

FISHERIES, GAME AND FOREST LAW. 309

the south side of Staten Island, lying between a line extending due south from the point known
as the point of the beach at Great Kills, and a line extending due south west from Wards Point,
in the town of Westfield. Whoever shall violate or attempt to violate the provisions of this
section shall be guilty of misdemeanor and in addition thereto shall be liable to a penalty of one
hundred dollars for each violation thereof.

Taking Oysters In South Bay Regulated.

a

195. Oysters, spawn, seed oysters or shells shall not be dug up, caught or removed from
any of the waters of South bay, in the county of Suffolk, between the thirty-first day of May and
the first day of September, nor between sunset and sunrise at any time. Any oyster shells caught
or taken from the public waters of said bay, in said county, shall be returned to the water in the
locality where taken within ten minutes after being so taken. No blade or scraper tongs shall
be used or possessed on the waters of said bay, in said county for the purpose of catching such’
shellfish, and possession of a blade or scraper tongs on said waters is a violation of this provision.
This section is subject to the provisions of section one hundred and seventy-three. Whoever
shall violate or attempt to violate the provisions of this section shall be guilty of a misdemeanor
and in addition thereto shall be liable to a penalty of one hundred dollars for each violation
thereof.

Leases For Cultivation of Shellfish.

§ 197. The commissioners may make leases of lands under water for the purposes of shell-
fish cultivation ; beds of oysters of natural growth shall not be leased unless the same have for
five years ceased to produce natural oysters in sufficient quantities to enable persons engaged in
the planting and cultivation of oysters to earn a livelihood by working on such lands. Such
leases shall not be made unless notice thereof has been posted for not less than three weeks in a
conspicuous place in the office of the commissioners, and in the office of the clerk of the town
nearest to the lands applied for and also in the post office nearest such lands. The letting shall
be at public auction to the highest bidder and shall not be made for a less sum than twenty-five
cents per acre per annum, nor for a longer period than fifteen years. The moneys received for
such leases shall be paid forthwith into the treasury of the state. The lessee shall immediately
cause the grounds so leased to him to be plainly marked out by stakes, buoys, or monuments,
which shall be maintained by the lessee, his successor or assigns during the continuance of the
lease. Any controversy respecting the boundaries of lands so leased shall be determined by the
commissioners on application of any party thereto. The commissioners may remove summarily
from such lands any tenants who neglect to pay rent.

(As amd. by chap. 653 of Laws of 1896.)

Limitation of Preceding Section.

§ 198. The preceding section does not limit the power of the commissioners of the land
office that any grant of land under water made by such commissioners where such land is

310 STATE OF NEW YORK.

actually occupied and in use for the cultivation of shellfish shall be subject to the right of
the occupant to occupy and use such grounds for a period not exceeding the unexpired term of
his lease, nor longer than two years ; nor does such section apply to or affect lands under
water owned, controlled or claimed under colonial patents or legislative grants by any town or
person in the counties of Suffolk, Queens, Kings or Richmond; lands under the waters of
Gardiners and Peconic bays ceded by the stafe to the county of Suffolk pursuant to chapter three
hundred and eighty-five of the laws of eighteen hundred and eighty-five, or lands under water in
Jamaica bay,in the counties of Queens and Westchester. Nothing in this act contained shall be
construed as invalidating any leases or franchises of land under water, issued or granted by the
commissioners of fisheries of this state subsequent to the first day of January, eighteen hundred
and ninety-three ; and all such leases and franchises made subsequent to the first day of January,
eighteen hundred and ninety-three, are hereby declared to be valid and the lessees holding under
and by virtue thereof are hereby confirmed in their leases and franchises; nor shall this act
apply to any lands under water, which at the time of the passage of this act are advertised to
be leased at public auction, for the purpose of shellfish cultivation, by said commissioners.

§ 7. Article nine of chapter four hundred and eighty-eight of the laws of eighteen hundred

and ninety-two is hereby amended to read as follows:

ARTICLE IX.
PRIVATE GROUNDS AND PARKS.

Section 210. Trespassing on private grounds forbidden.
211. Notices to be posted on private grounds.
212. Laying out grounds in private parks.
213. Notice to be posted in private parks.
214. Notice when territory is fenced.
215. Fish or game so protected not to be interfered with.

216. Signs not to be defaced.

Trespassing on Private Grounds Forbidden.

§ 210. No person shall trespass upon inclosed or cultivated lands for the purpose of shoot-
ing or hunting any game, or taking any fish from private ponds or streams, after public notice
has been given by the owner or person entitled to the exclusive right to shoot or fish thereon,
as provided in this article. Whoever shall violate the provisions of this section shall be deemed
guilty of misdemeanor and shall in addition thereto be subject to exemplary damages in an
amount not more than twenty-five dollars in addition to the actual damages sustained by the

owner or lessee.

Notices to be Posted on Private Grounds.

§ 211. The notice provided for in the last section shall be given by maintaining signboards
at least one foot square upon at least every fifty acres of the premises sought to be protected

FISHERIES, GAME AND FOREST LAW. 311

upon or near the lot lines thereof, or upon or near the shores of any waters thereon, in at least
two conspicuous places, or by personal service of a notice containing a brief description of the
premises and name of the owner or of the person having the exclusive ght to shoot, hunt or

fish thereon, and prohibiting the same.

Laying Out Grounds for Private Parks.

§ 212. A person owning or haying the exclusive right to shoot, hunt or fish on lands, or
lands and water, desiring to devote such lands or lands and water, to the propagation or protec-
tion of fish, birds or game shall publish in a newspaper printed in the county within which
such land or lands and water are situate a notice, once-a week, for a term not less than four
weeks in the county where the lands so described are situated, substantially describing the same
and containing a clause declaring that such land or lands and water will be used as a private
park for the purpose of propagating and protecting fish, birds and game. Provided, however,
that all waters heretofore stocked by the state, or which may hereafter be stocked by the state
from any of the hatcheries, hatching stations, or by fish furnished at the expense of the state,
shall be and remain open to the public to fish therein the same as though the private park law
had never existed. But nothing herein contained shall be construed as affecting any rights
now existing of persons owning lands or holding leases of private grounds, waters or parks prior
to the passage of this act.

(As amd. by chap. 319 of Laws of 1896.) :

Notice to be Posted in Private Park.

§ 213. There shall be posted and maintained upon such private territory, notices or sign-
boards, not less than one foot square, warning all persons against trespassing thereon. Such
notice or signboards shall be placed not more than forty rods apart, along the entire boundary
of such private territory, when the same shall consist entirely of land, or when it shall consist
of both land and water they shall be placed so that there shall be at least one notice or sign-
board for every hundred acres thereof. When the private property consists of a lake, pond or
stream only, such notices shall be placed in at least four conspicuous places on or near the shore
of such lake or pond, and one of such notices shall be placed on every half mile of such stream

in a conspicuous place on the bank thereof.

Notice When Territory is Fenced.

§ 214. When such territory or any part thereof is fenced, notices or signboards shall be

placed on or near such fences not more than forty rods apart.

Fish or Game when so Protected not to be Interfered with.

§ 215. Upon compliance with the foregoing provisions for preventing trespassing or for
devoting lands to propagation of fish, birds and game, no person shall disturb or interfere in any
way with the fish or wild birds or wild animals while on the premises so protected, except with

312 STATE OF NEW YORK.

the consent of the owner or person having the exclusive right to shoot, hunt or fish thereon.
Whoever shall violate or attempt to violate the provisions of this section shall be deemed guilty
of misdemeanor, and shall, in addition thereto, be subject to exemplary damages in an amount
not less than fifteen dollars, nor more than twenty-five dollars, in addition to the actual damages

sustained by the owner or lessee.

Signs not to be Defaced.

§ 216. Signs placed pursuant to the foregoing provisions shall not be defaced or removed
under penalty of twenty-five dollars.
§ 8. Article ten of chapter four hundred and eighty-eight of the laws of eighteen hundred

and ninety-two is hereby amended to read as follows :

ARTICLE X.
PROSECUTIONS.

Section 230. Actions, how entitled.
231. Authority to bring actions.
232. Actions, where brought.
233. Discontinuance.
234. Two or more penalties in one action.
235. Witness fees and disbursements in actions by people.
236. Actions by persons or societies.
237. Judgments recovered under this act, how collected.
239. Recovery, how disposed of in actions by individuals.
240. One-half of recovery to go to protector.
241. Expenses of actions by people, how paid.
242. Report of commissioners to legislature.

- 243. Arrests of offenders by protectors and trial thereof.

244. Jurisdiction of courts.
245. Punishment for misdemeanor.
246. Issue of warrants of arrest.
247. Search warrant, when issued.
248. Witnesses.

Actions, How Entitled.

§ 230. All penalties imposed by this act may be sued for and recovered in the name of
“The People of the State of New York.”

Authority to Bring Action.

§ 231. Actions for penalties, and as provided in section two hundred and thirty, shall be

brought in the name of the people on order of the chief fish and game protector and forester, or

FISHERIES, GAME AND FOREST LAW. 313
by direction of either of the commissioners who are hereby authorized in their discretion, to
employ special counsel to commence and maintain such actions, and the compensation of such
special counsel may be fixed and allowed by the commissioners.

(As amd. by chap. 233 of Laws of 1896.)

Actions, Where Brought.

§ 232. Actions for penalties imposed by this act may be brought in any town in the county
where the penalty shall be incurred, or in the county where defendant resides, subject only to
the right to remove the same to any other county adjoining that in which the penalty shall be
incurred, or in which the action shall have been brought as aforesaid, for cause shown, as pro-

vided by the code of civil procedure.

Discontinuance.

§ 233. Actions for penalties in the name of the people may be discontinued by order of
the court upon the application of the chief fish and game protector and forester at any time
before trial upon such terms as the court may direct.

Two or More Penalties In One Action.

§ 234. Two or more penalties may be sued for and recovered in the same action, whether
t

brought by the people or in the name of an individual or society.

Witness Fees and Disbursements In Actions By People.

§ 235. Witness and other fees and disbursements and full costs shall be recovered in any
judgment in favor of the people under this act at the rate fixed by section thirty-two hundred

and fifty-one of the code of civil procedure, without reference to the amount of recovery.

Actions By Persons or Societies.

§ 236. Any individual upon giving security for costs, unless he shall be the owner or lessee
of the premises upon which it shall be claimed the penalty was incurred, and any society or
corporation, or any agent of any society or association for the protection of fish or game may
recover in his or its name all penalties provided for by this act, with costs, but on recovery by
the plaintiff in such case of a less sum than fifty dollars, plaintiff shall only be entitled to costs
to the amount of such recovery. Such person shall be entitled to one-half of the penalty
recovered, the other half to be paid to the board of commissioners, but any such action shall
be discontinued without costs or disbursements to either party, in case an action shall be there-
after brought for the same violation in the name of the people and an order to that effect may
be entered on motion of the chief fish and game protector and forester or one of the commis-
sioners, on notice to all the parties thereto. Such motion shall be entitled and made in both
actions. Any person or society bringing an action under this section shall notify the chief fish
and game protector and forester thereof, within fifteen days after service of the summons

therein, and failure so to do shall be a defense to the action.

314 STATE OF NEW YORK.

Judgments Recovered Under this Act, How Collected.

§ 237. All judgments recovered under the provisions of this act may be enforced by execu-
tion against the person; any person in prison upon such execution shall be so imprisoned for a
period of not less than one day, and at the rate of one day for every dollar of such judgment
when the same exceeds one dollar; no one shall be more than once imprisoned, nor for a longer
period than six months upon any judgment; such imprisonment shall not be a satisfaction of

such judgment.

Recovery, How Disposed Of In Actions By the People.

§ 238. The amount of fines imposed or penalties recovered and collected in all actions,
settlements, compromises or proceedings hereafter or heretofore brought under the direction of a
commissioner or upon the order of the chief fish and game protector and forester in the name of
the people shall be disbursed by said board as hereinafter provided. Any officer or person failing
to pay over any such money recovered by him shall be guilty of a misdemeanor, and shall be
removed from office, and a civil action may be brought against any such officer or person for
the recovery of any such money received by him in the:name of the people under the direction

of either of the commissioners.

Recovery, How Disposed Of In Actions By Individuals.

§ 239. One-half of the recovery in all actions heretofore brought or hereafter to be brought
by an individual or society in his or its name shall be paid to the board of commissioners to be
by it disposed of in the same manner as other moneys received by it, and it shall be the duty of
the person in whose hands such moneys shall come to pay over the same, and in case of failure
so to do such moneys may be recovered from the person receiving the same in action
brought in the name of the people under the direction of the chief fish and game protector and

forester or the commissioners.

One-half of Recovery to Go to Protector.

§ 240. The commissioners shall dispose of the fines and penalties received by them as fol-
lows. ‘They shall deduct all the expenses incurred in the inquisition or collection of such fines
or penalties and shall pay one-half of the remainder to the protector and forester or special
protector and forester upon whose information the action was brought. Such payment shall be
made on the certificate of the chief fish and game protector or forester that such protector and

forester is entitled thereto, and the certificate of the chief protector and forester shall be final.

Expenses of Action by People, How Paid.

§ 241. The remaining money received by the board of commissioners shall be applied to
the payment of the expenses of actions for violation of this act on the certificate of the chief

protector and forester.

FISHERIES, GAME AND FOREST LAW. 315

Report of Commissioners to Legislature.

§ 242. The board of commissioners shall include in their annual report to the legislature

a detailed report of their receipts and disbursements under this article.

Arrest of Offenders by Fish and Game Protectors and Foresters and Trial
Thereof.

§ 243. Any protector or peace officer may, without warrant, arrest any person committing a
misdemeanor under the provisions of this act, in his presence, and take such person
immediately before a justice of the peace or other magistrate, having jurisdiction, who shall,
after giving defendant reasonable time to prepare for trial, proceed without delay, to hear, try
and determine the matter, and give and enforce judgment according to the allegations and

proofs.

Jurisdiction of Courts.

§ 244. Courts of special sessions in towns and villages, and the several courts in cities
having jurisdiction to try misdemeanors, as provided by section fifty-six of the code of criminal
procedure, shall have jurisdiction to try offenders in all cases occurring under this act, in the
same manner as in other cases where they now have junsdiction, and to render and enforce
judgment to the extent herein provided, and said courts shall have jurisdiction of all said
offenses committed within the county where said courts are held, in the same manner as though
the defendant had been taken before a magistrate of the town where the offense was committed.

Punishment for Misdemeanor.

§ 245. Any person convicted of a misdemeanor under the provisions of this act shall be
punished except as otherwise provided by this act by a fine of not less than ten dollars, nor more
than at the rate of one dollar for every dollar of the penalty provided by the section so violated
under which he is connected, or be imprisoned in the county jail or penitentiary for a period of
not less than one day, nor more than at the rate of one day for every dollar of such fine, or by

both such fine and imprisonment.

Issue of Warrants of Arrest.

§ 246. Any justice of the peace, police justice, county judge, judge of any city court, or
magistrate having criminal jurisdiction, on sufficient proof by affidavit that any of the pro-
visions of this chapter have been violated by any person temporarily within his jurisdiction, but
not residing there permanently, or by any person whose name and residence are unknown,
shall issue his warrant for the arrest of such offender and cause him to be committed or held

to bail to answer the charge against him.
22

316 STATE OF NEW YORK.

Search Warrant; When Issued.

§ 247. Any justice of the peace, police justice, county judge, judge of any city court, or
magistrate having criminal jurisdiction, upon receiving proof of probable cause for believing
in the concealment of any game or fish taken or possessed contrary to the provisions of this act,
shall issue his search warrant and cause a search to be made in any place, and to that end may
cause any building or inclosure to be entered and may cause any apartment chest, box, locker,

crate, basket or package to be broken open and the contents examined.

Witnesses.

§ 248. No person shall be excused from giving evidence in any civil or criminal action,
prosecution, or proceeding, under or authorized by this act on the ground that the evidence
might tend to convict such witness of a crime, or misdemeanor, or to establish the liability of
such witness under any of the provisions thereof; but such evidence shall not be received
against such witness in any civil or criminal action, protection or proceeding.

§ 249. No person or persons shall be deemed to have violated any law or ordinance by
reason of his or their selling, exposing for sale, transporting or possessing, or attempting so to
do, the body or a part of tne body of any wild animal or bird in the close season for such
animal or bird, provided it be proved by him or them by production of proper invoices and
freight or express receipts, that such wild animal or bird was shipped from a point at least
three hundred miles distant from the state of New York. For the purpose of the proper
enforcement of the section the package containing this wild animal or bird shall be marked
plainly ‘“‘ game,” and the place of shipment and destination shall also be plainly marked.
All transportation companies which shall transport the same shall keep books plainly showing
the receipt and delivery of such packages of game, and dealers in the same shall keep books of
account showing the number of birds or animals received, sold or delivered by them, and shall,
at all times, permit any authorized agent of the commissioners of fisheries, game and forest to
examine their books of record for purpose of establishing the right of such possession or trans-
portation in close season.

§ 9. Article eleven of chapter four hundred and eighty-eight of the laws of eighteen hundred

and ninety-two is hereby amended to read as follows :

ARAM G1) Xr

FIsSHWAYS.

Section 260. Commissioners to be notified of construction of dam.
261. Authority of commissioners to direct fishways.
262. Owners to comply with direction of commissioners.

263. Commissioners to recover for construction and penalty.

FISHERIES, GAME AND FOREST LAW. Sly],

Commissioners to be Notified of Construction of Dam.

§ 260. No dam shall be constructed by the state or any person upon any stream more
than six miles in length inhabited by fish protected by this act, until the person about to con-
struct, or the officers having charge of the construction of the same shall give written notice
to the commissioners of such intention, together with a statement of the name, length and loca-
tion cf said stream, and the size and general description of such dam, and the purposes for

which it is to be erected, together with a diagram thereof.

Authority of Commissioners to Direct Fishways.

§ 261. The commissioners are authorized in such cases to direct the construction of suitable
fishways by an entry on their minutes and service of a copy of such order on a person construc-
ting or officers having charge of the construction of such dam, and the person so constructing
shall at his own expense, or the officers having charge of the construction shall, out of the funds
appropriated for the construction of such dam comply with such directions, subject, on applica-
tion on notice as on a motion, to the right of the supreme court to affirm, reverse, modify or

alter such directions.

Owners to Comply with Directions of Commissioners.

§ 262. Such fishways shall be properly maintained by the owner or persons in possession of
such dam, and shall be subject to examination and inspection on behalf of commissioners, who
may direct such repairs and alterations as they may deem necessary, subject to the order of the

supreme court, as in case of construction.

Commissioners to Recover for Construction and Penalty.

§ 263. In case of failure, refusal or neglect on the part of any person to comply with the
directions of the commissioners as to building and repairing fishways, the commissioners may
cause such fishways to be constructed or repaired, and the expense thereof may be recovered by
the commissioners in an action against the owner or person in possession, or both, in the name
of the people, and shall, in addition to the personal liability of such owner or person in
possession be a lien upon the premises upon which such dam is situated. ‘The person refusing
or neglecting to comply with such directions of the commissioners as to construction or repairs
shall also be liable to a penalty of ten dollars for each day during which they neglect to obey
such directions, which penalty may be recovered in like manner in the same or a separate action.

§ 10. Article twelve of chapter four hundred and eighty-eight of the laws of eighteen hundred

and ninety-two is hereby made article fourteen, and is amended to read as follows:

318 STATE OF NEW YORK.

ARTICLE XIV.

Laws REPEALED, DEFINITIONS AND OTHER PROVISIONS.

Section 300. Amendments to the game law.
301. Definitions.
302. Ordinances and regulations of boards of supervisors repealed.
303. Powers of boards of supervisors.
304. Laws repealed and saving clause.
305. Construction.
306. The clerk of the assembly to print and distribute copies of this act.
307. Construction.
308. When to take effect.

Amendments to the Game Law.
§ 300. All amendments to the game law shall be made a part of this act and additions to
the game law shall be numbered as sections thereof.

Definitions.

§ 301. Words and phrases under this act, and in proceedings pursuant thereto, shall, unless
inconsistent with the contest, mean or include as follows :

1. ‘¢ Person” shall include persons, copartnerships, joint-stock companies and corporations,
and when used with reference to commission of acts which are herein forbidden, shall include
persons farticeps criminis in the acts, and the officers, agents and directors or trustees and
similar controlling body of corporations.

2. Words importing masculine gender may apply to copartnerships, females, joint-stock
companies and corporations.

3. Words importing the plural number may import the singular number.

4. Words importing the singular number may extend to and be applied to several persons
or things.

5. “Angling” is defined to mean taking fish with hook and line and by rod held in hands,
and does not include set lines. ‘In fishing from boats, rods and lines not exceeding two in
number may be used by any one person.

6. ‘Exclusive night to shoot, hunt or fish” is defined to mean the right of any person own-
ing or having the night to the possession of the premises, or of any person leasing or reserving
the exclusive right to shoot, hunt or fish thereon from the owner.

7. ‘* Commissions,” ‘‘ commissioners” or ‘‘ board of commissioners,” as used in this chapter,
shall be construed to mean the commissioners of fisheries, game and forest.

8. “Article,” when standing alone in this act, shall be construed to refer to one of the
articles hereof. ;

g. “Close season ” is that period of time during which an act is prohibited.

FISHERIES, GAME AND FOREST LAW. 319

to. Inclosed lands is defined to mean lands, the outlines or boundaries of which are marked
by water, by a wire, ditch, hedge or fence, road or highway, or partially by one or more of said
means, or any visible inclosure or distinctive boundary which indicates a separation from the

surrounding or contiguous territory of whatever nature.

Ordinances and Regulations of Boards of Supervisors Repealed.

§ 302. All laws or ordinances heretofore passed by any board of supervisors of any county
in this state, relating to birds, fish and wild animals, are hereby repealed, except the laws passed
by the supervisors of the county of Suffolk in respect to salt water fishing, and in respect to
shellfish, and boards of supervisors shall hereafter have no power or authority to pass any regu-

lation or ordinance relating to birds, fish or game specified or referred to in this act.

Powers of Boards of Supervisors.

§ 303. The board of supervisors of any county may raise by tax any sum not exceeding one

thousand dollars in any year, to aid in the enforcement of the provisions of this act.

Laws Repealed and Saving Clause.

§ 304. All laws and parts of laws inconsistent with this act are hereby repealed, but such
repeal shall not affect or impair any act done or right accruing, accrued or acquired, or liability,
penalty, forfeiture or punishment incurred prior to the time when this act takes effect, under or
by virtue of any law so repealed, but an action may be commenced therefor and the same may
be asserted, enforced, prosecuted or inflicted as fully and to the same extent as if such law had
not been repealed, and all actions or proceedings, civil or criminal, commenced under or by
virtue of the law so repealed and pending when this act takes effect, or commenced after this
act takes effect, may be prosecuted and defended to final effect in the same manner as they

might under the laws then existing, unless it shall be otherwise specially provided by law.

Construction.

§ 305. The provisions of this act, so far as they are substantially the same as those of laws
existing when this act took effect, shall be construed as a continuation of such laws modified or
amended according to the language employed inthis act and not as new enactments, and
references in laws not repealed, to provisions of laws incorporated into this act and repealed,
shall be construed as applying to the provisions so incorporated, and nothing in this act shall be

construed to amend or repeal any provision of the criminal or penal code.

The Clerk of the Assembly to Print and Distribute Copies of this Act.

§ 306. The clerk of the assembly shall cause to be printed and distributed twenty-five copies
of this act to each of the following persons: Each senator and member of assembly, each fish
and game protector and forester and each of the town clerks of the several towns of this state;

320 STATE OF NEW YORK.

to the chief fish and game protector and forester, two thousand, and to the commissioners of
fisheries, five hundred copies.

§ 307. Nothing in this act contained shall be construed to in any way repeal or modify
chapter three hundred and ninety-five of the laws of eighteen hundred and ninety-five.

When to Take Effect.

§ 308. This act shall take effect immediately.

INIRAMUGIEID, ROVE?
SPECIAL PROVISIONS AS TO THE WATERS OF THE THOUSAND ISLANDS.

Section 320. Article to apply to certain waters of the St. Lawrence river.
321. Protector to be appointed.
322. Definition of black bass.
323. Black bass, pickerel, pike, wall-eyed pike and muskallonge; close season.
324. Fishing through the ice prohibited.
325. Black bass, limit as to size.
326. Black bass, limit as to catch.
327. Fishing by certain devices prohibited.
328. Unlawful devices and explosives prohibited.
329. Duty of anglers to exhibit their catch.

330. Right of protector to make search or examination.

Article to Apply to the Saint Lawrence River between Tibbet’s Point Light-
house and the City of Ogdensburg Only.

§ 320. This article applies exclusively to the waters of the Saint Lawrence river lying
between an imaginary line drawn from Tibbett’s Point lighthouse, about four miles southwest
from Cape Vincent to the Snake Island lighthouse, about four miles southwest from the city of
Kingston in Ontario, and an imaginary line drawn from the northern part of the city of Ogdens-
burg to the northern part of Prescott, in Ontario, situated on the opposite side of the Saint
Lawrence river, and to be known for the purposes of this article as ‘the waters of the Thousand
Islands.”

Protector to be Appointed.

§ 321. The board of fisheries, game and forest is authorized to appoint a protector, to be
known as the protector of the waters of the Thousand Islands, whose duty it shall be to patrol,
under the direction of said board, the waters of the Thousand Islands, and to enforce the pro-
visions of this article.

*Article XV. is an addition to chapter 974 of the Laws of 1895, as provided for by chapter 531 of
the Laws of 1896.

FISHERIES, GAME AND FOREST LAW. 3

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m

Definition of Black Bass.

§ 322. Black bass, under this article, includes small-mouthed black bass, and large-mouthed

black bass, otherwise known as Oswego bass.

Black Bass, Pickerel, Pike, Wall-Eyed Pike and Maskinonge ; Close Season.

§ 323. Black bass, pickerel, pike, maskinonge, commonly called muskallonge, shall not be
fished for, caught, killed or possessed in the waters of the Thousand Islands, between the first
day of January and the ninth day of June, both inclusive. Whoever shall violate or attempt to
violate the provisions of this section shall be deemed guilty of misdemeanor, and in addition
thereto shall be liable to a penalty of twenty-five dollars for each fish so caught, killed or

possessed.

Fishing Through the Ice Prohibited.

§ 324. No fish shall be fished for, caught or killed in any manner, or by any device, through
the ice in the waters of the Thousand Islands, between the first day of January and the ninth
day of June, inclusive. Whoever shall violate or attempt to violate the provisions of this section
shall be deemed guilty of misdemeanor, and in addition thereto shall be lable to a penalty

of one hundred dollars for each violation thereof.

Black Bass Not to be Taken Less Than Ten Inches In Length.

§ 325. No black bass less than ten inches in length shall be intentionally taken alive from
the waters of the Thousand Islands, nor shall the same be killed or possessed, and in case any
such fish is caught or taken, the person taking it shail immediately place such fish back in the
waters from which it was taken without unnecessary injury. Whoever shall violate or attempt
to violate the provisions of this section shall be deemed guilty of misdemeanor, and in addition
thereto shall be liable to a penalty of twenty-five dollars for each violation thereof, and ten
dollars for each fish so taken, killed or possessed.

Limit as to Catch of Black Bass.

§ 326. No person shall take, catch, kill or possess more than twelve black bass of the size
permitted by this article in any oneday. Where two or more persons are fishing or angling from
the same boat the aggregate number of bass taken, caught, killed or possessed by the occupants
of said boat in any one day shall not exceed twenty-four. Whoever shall violate or attempt to
violate the provisions of this section shall be liable to a penalty of twenty-five dollars for each
fish so taken, caught, killed or possessed in addition to the number hereby allowed.

Fishing by Certain Devices Prohibited.

§ 327. No fish shall be fished for, caught, or killed in any manner or by any device except
angling in the waters of the Thousand Islands, except that it shall be lawful to take minnows

322 STATE OF NEW YORK.

for bait in the manner provided for by section one hundred and forty-five of this act ; provided,
however, that if any black bass, pickerel, pike, wall-eyed pike or maskinonge are taken in such
nets they shall be immediately returned to the waters alive. Whoever shall violate or attempt to
violate the provisions of this section shall be deemed guilty of misdemeanor, and in addition

thereto shall be liable to a penalty of one hundred dollars for each violation thereof.

Unlawful Devices and Explosives Prohibited.

§ 328. The use of dynamite or other explosives in any of the waters of the Thousand Islands
is prohibited except for mining and mechanical purposes. The possession by any person on the
shores or islands of the waters of the Thousand Islands of dynamite or other explosives where the
use of the same is prohibited by this section, shall be deemed a violation thereof. Whoever
shall violate or attempt to violate the provisions of this section shall be guilty of misdemeanor,
and in addition thereto shall be liable to a penalty of one hundred dollars for each violation

thereof.

Duty of Anglers to Exhibit Their Catch of Fish.

§ 329. Every person fishing in the waters of the Thousand Islands shall, whenever requested
by any fish and game protector, permit such protector to inspect and examine the fish taken by
him or in his possession, or in the boat occupied by him, and the implements by which the same
were taken, and in case of his refusal to permit such examination or inspection he shall be
deemed guilty of misdemeanor, and also be liable to a penalty of twenty-five dollars for each

such refusal.

Right of Protector to Make Search or Examination.

§ 330. In case any angler or person fishing in the waters of the Thousand Islands shall,
upon the request of any fish and game protector, refuse permission to such protector to inspect
and examine the fish taken. by him or in his possession or in-the boat occupied by him or the
implements by which the same were taken, such inspector shall have power and he is hereby
authorized, with or without a search warrant, to examine the contents of such boat or of any box,
locker, basket, crate or other package therein, or in the possession of such angler or person so
fishing, for the purpose of ascertaining whether the provisions of this article have been violated,

and to use such force as may be necessary for the purpose of such examination.

2D Diz IN DIX:

Appendix.

CHAPTER 802 OF THE LAWS OF 1806.

AN ACT for the establishment of a state reservation upon and along the Saint Lawrence river

in the state of New York.

The People of the State of New York, represented in Senate and Assembly, do enact as
Sollows :

Section r. All that part of the river Saint Lawrence, lying and being within the state of New
York, with the islands therein, is hereby constituted an international park which shall be known
as “The State Reservation on the Saint Lawrence.”

§ 2. The said state reservation on the Saint Lawrence shall be under the control and
management of the board of fisheries, game and forest, who shall have the power to make
and enforce ordinances, by-laws, rules and regulations for the management of the property
of the state within the borders of said reservation, and for the orderly transaction of bust-
ness not inconsistent with the laws of the state; to designate one of the present fish and
game protectors as a superintendent, who shall be subject to the order of said board, who shall
have the authority of a fisheries and game protector, and of a police constable in criminal
cases within the limits of the state reservation.

§ 3. It shall be the duty of the said board of fisheries, game and forest to report to the next
legislature of this state what laws, in their opinion, should be enacted for the government and
control of said state reservation, so as to make the same the most useful to the people of the state
as a part of an international park upon the Saint Lawrence river, comprising the whole of said
river.

§ 4. This act shall take effect immediately.

CHAPTER 657 OF THE LAWS OF 1857.

AN ACT conferring jurisdiction upon the board of fisheries, game and forest, to hear
and determine any controversies regarding the leasing of lands under water for the
purpose of the cultivation of shellfish.

The People of the State of New Vork, represented in Senate and Assembly, do enact as follows :

Section 1. Jurisdiction is hereby conferred upon the board of fisheries, game and forest
to hear any and all controversies which have arisen or may hereafter arise, regarding the
leasing of lands under water for the purpose of the cultivation of shellfish, and to determine
the same, upon such terms as may be just and equitable.

§ z. The said board of fisheries, game and forest, in addition to the powers and duties here-

tofore conferred upon it by law, shall have power to sue for and collect and to compromise,
325

26 STATE OF NEW YORK.

OW

compound and satisfy any and all rents which now are and may hereafter be in arrears, from
lands under water leased by the state for the purpose of shellfish cultivation, and to make such
rebates, for the rental of such lands, as in their judgment shall seem just and equitable ; provided,
however, that no such rental shall be reduced to less than twenty-five cents per acre per annum
for each acre leased.

§ 3. This act shall take effect immediately.

CHAPTER 251.

AN ACT for the protection of the fur-bearing animals in the county of Wayne.

BECAME a law April 15, 1896, with the approval of the Governor. Passed, a majority being present.

The People of the State of New York, represented in Senate and Assembly, do enact as
follows :

Section 1. No person shall catch or kill, or attempt to catch or kill, within the county ot
Wayne, any mink, skunk, muskrat or fox, except upon his premises or within the limits of an
incorporated village, or have the same in his possession which was so killed, from the first day
of May to the thirtieth day of the following October; except that foxes shall not be so killed or
caught from the first day of May to the thirtieth day of the following September.

§ 2. Any person violating the provisions of this act shall be liable to a penalty of twenty-five
dollars for each and every offense, to be recovered, with the costs of the suit,.by any person in
his own name, or by a game constable of a town, before a justice of the peace in the county
of Wayne, when the amount does not exceed the jurisdiction of such justice, or before a court
of record in such county. One-half of the penalty so recovered shall go to the person bringing
the action and one-half to the county treasurer, to be credited to the poor fund of the town
where the offense was committed.

§ 3. This act shall take effect immediately.

CHAPTER 561.

AN ACT providing for the protection of Antwerp or homing pigeons.

APPROVED by the Governor May 13, 1892. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows :

Section r. That on and after the passage of this act it shall be unlawful for any person or
persons to shoot, maim or kill any Antwerp or homing pigeon, either while in flight or at rest,
and any person guilty of killing, shooting, or maiming such pigeon or pigeons, as aforesaid,
shall be guilty of misdemeanor, and upon conviction thereof shall, for every such offense, pay a

fine of not less than ten nor more than twenty-five dollars.

FISHERIES, GAME AND FOREST LAW.

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§ 2. That on and after the passage of this act it shall be unlawful for any person or persons
to detain or entrap any Antwerp or homing pigeon, provided, however, that such Antwerp or
homing pigeon shall have the name of its owner stamped upon its wing or tail, or wear a ring or
seamless leg band with its registered number stamped upon it, and any person or persons so
detaining such pigeon or pigeons, shall be guilty of a misdemeanor, and upon conviction thereof,
shall, for every such offense, pay a fine of not less than ten nor more than twenty-five dollars.

§ 3. That on and after the passage of this act, it shall be unlawful for any person or persons
to remove the ring or seamless leg band with its registered number from any Antwerp or homing
pigeon, to which he or they cannot prove ownership, and any person or persons removing such
a ring or leg band from such pigeon or pigeons shall be guilty of misdemeanor, and upon con-
viction thereof shall, for every such offense, pay a fine of not less than ten nor more than
twenty-five dollars.

(As amd. by chap. 824 of Laws of 1896.)

CHAPTER 655 OF THE LAWS OF 1866.

AN ACT for the republication and distribution of the fish, game and forest laws of eighteen
hundred and ninety-five, and all acts of eighteen hundred and ninety-six amendatory and

supplementary thereto.

The People of the State of New York, represented in Senate and Assembly, do enact as follows :

Section 1. The clerk of the assembly shall print and distribute copies of the fish, game and
forest laws of eighteen hundred and ninety-five and all acts amendatory and supplementary
thereto of eighteen hundred and ninety-six, as follows: Twenty-five copies to each senator and
member of the assembly, each game protector and forester, and each of the town clerks of the
several towns of this state; and twenty-five hundred copies to the commissioners of fisheries,
game and forest.

§ 2. This act shall take effect immediately.

Saffolkh Coanty.

AN ACT for the protection of soft shell clams in the waters of the town of Brookhaven,
in Suffolk county.

The authority to pass this resolution is found in chapter 488 of the session laws of 1892.
It was passed March 21, 1893, by a vote of two-thirds of all members elected.

The board of supervisors of the county of Suffolk, at a meeting thereof lawfully assembled
on the 21st day of March, 1893, at least two-thirds of all the members elected being present
and voting therefor, do enact as follows:

328 STATE OF NEW YORK.

Section 1. It shall not be lawful for any person to catch or take any soft shell clams for the
purpose of sale, or to sell or expose for sale any soft shell clams so caught or taken from the
bottom or shore of Port Jefferson bay, or of any of the public waters of the town of Brookhaven
during the months of May, June, July and August.

§ 2. It shall not be lawful for any person to carry away or to have on board any vessel with
intent to carry away from the waters of Port Jefferson bay, or any public waters in the town of
Brookhaven, in the county of Suffolk, any soft shell clams caught or taken in said bay or waters
during the months of May, June, July and August.

§ 3. Any person who shall violate either of the foregoing sections shall forfeit and pay a
penalty of fifty dollars for each offense.

§ 4. Any person may in his own name, prosecute any offender for the penalty specified in
this act before any justice of the peace of the town of Brookhaven, and on recovery shall be
entitled to retain one-half of such penalty; and the other half, after deducting the expenses of
the prosecution, shall be paid to the supervisors for the use of the overseer of the poor.

§ 5. This act shall take effect on the first day of May next.

Filed July 13, 1893, in the office of the secretary of state.

AN ACT for the protection of soft shell clams within the waters within the boundaries of the
town of Smithtown, county of Suffolk, state of New York.

The authority to pass this act is found in chapter 488 of the Session Laws of 1892.

Passed April 25, 1893, by a vote of two-thirds of all the members being present.

The board of supervisors of the county of Suffolk, at a meeting thereof, lawfully assembled
on the 25th day of April, 1893, at least two-thirds of all the members elected being present and
voting therefore, do enact as follows:

Section: 1. It shall not be lawful for any person or persons to catch or take from the waters,
from the bottoms, or from the shores within the boundaries of the town of Smithtown, any soft
shell clams in quantities exceeding one bushel in any one day between the first day of May and
the first day of October in each year.

§ 2. It shall not be lawful for any person or persons to sell or offer for sale during the
months of May, June, July, August or September, any soft shell crabs caught or taken within the
boundaries of said town of Smithtown.

§ 3. Any person or persons who shall violate either of the foregoing sections shall be liable
to a penalty of twenty-five dollars for each offense. The penalty imposed in this act may be
sued for and recovered, with costs of suit by any person in his own name, before any justice of
peace in the town of Smithtown; one-half of such penalty imposed and collected under this
act shall be paid to the person making the complaint, the other one-half to the supervisor of the
said town to be applied by him to the contingent fund of the town.

§ 4. This act shall take effect immediately. ;

Filed, July 13, 1893, in the office of the secretary of state.

FISHERIES, GAME AND FOREST LAW. 329
AN ACT for the protection of seed oysters on natural beds of oysters within the waters within
the boundaries of the town of Smithtown.

The authority to pass this act is found in chapter four hundred and eighty-eight of session
laws of eighteen hundred and ninety-two.

It was passed April twenty-five, eighteen hundred and ninety-three, by a vote of two-thirds of
al] the members present.

The board of supervisors of the county of Suffolk at a meeting thereof lawfully assembled on
the twenty-fifth day of Apmil, eighteen hundred and ninety-three, at least two-thirds of all mem-
bers elected being present and voting therefor, do enact as follows:

Section 1. It shall not be lawful for any person or persons to catch or take from any natural
bed of oysters within the waters within the boundaries of the town of Smithtown, any seed
oysters excepting from planting beds within the boundanes of said town.

§ 2. Any person or persons who shall violate the foregoing section shall be liable to a
penalty of twenty-five dollars for each offense. The penalty imposed in this act may be sued
for and recoyered with costs of suit, by any person in his own name before any justice of the
peace in the town of Smithtown ; one-half of such penalty imposed and collected under this act
shall be paid to the person making the complaint, the other one-half to the supervisor of said
town, to be applied by him to the contingent fund of the town.

§ 3. This act shall take effect immediately.

Filed, July 13, 1893 1m the office of the secretary of state.

AN ACT in relation to taking eels in certain waters of the town of Smithtown.

The authority to pass this resolution is found in chapter four hundred and eighty-eight, laws
of eighteen hundred and ninety-two.

It was passed April twenty-five, eighteen hundred and ninety-three, by a vote of two-thirds
of all the members elected.

The board of supervisors of the county of Suffolk, at a meeting thereof lawfully assembled,
at least two-thirds of all the members elected being present and voting therefor, do enact as
follows :

Section 1. It shall not be lawful for any person or persons at any time to place eel pots, or
to use any seine for the purpose of taking eels in the waters known as St. James harbor and its
tributaries, Nissequogue river, and Sunken Meadow creek and situated within the boundaries of
the town of Smithtown, Suffolk county, New York.

§ 2. Any person or persons who shall violate the foregoing shall be liable to a penalty of
twenty-five dollars for each offence. The penalty imposed in this act may be sued for and
recovered with costs of suit by any person in his own name before any justice of the peace of
the town of Smithtown; one-half of such penalty imposed and collected under this act shall be
paid to the person making the complaint, the other one-half to the supervisor of the town to be
applied by him to the contingent fund of said town.

§ 3. This act shall take effect on the first day of May next.

Filed, July thirteen, eighteen hundred and ninety-three, in the office of the secretary of state.

330 STATE OF NEW YORK.

AN ACT to regulate the taking of jingle and quarterdeck shells from the public grounds in the
waters of Suffolk county, for the purpose of transportation and sale, and to protect and pre-

serve the business of taking said shells in said waters to the inhabitants of said county. -

The authority to pass this resolution is found in chapter thirty-one of the general laws, and
the acts amendatory thereof.

The board of supervisors of Suffolk county, at a meeting thereof lawfully assembled on the
twenty-fourth day of April, eighteen hundred and ninety-three, at least two-thirds of all the mem-
bers elected being present and voting therefor, do enact as follows:

Section 1. It shall not be lawful for any person or persons to take from the public grounds in
the waters of Suffolk county, during the months of July, August and September, by dredging,
raking or in any other manner, any jingle or quarterdeck shells for the purpose of transportation
and sale.

§ 2. Any person or persons violating any of the provisions of the foregoing section shall be
liable for each offense to a penalty of twenty-five dollars, or to imprisonment in the county
jail for not less than ten nor more than twenty-five days, in the discrection of the court.

§ 3. It shall not be lawful for any person not an inhabitant of the county of Suffolk, to take
from the public grounds in the waters of said county, at any time by dredging, raking or in any
other manner, any jingle, quarterdeck or other shells for the purpose of transportation and
sale.

§ 4. Any person or persons violating any of the provisions of the foregoing section shall be
deemed guilty of a misdemeanor, and for each offense shall be liable to a penalty of fifty dollars,
or to imprisonment in the county jail for not less than twenty nor more than fifty days, in the
discretion of the court.

§ 5. Any overseer of the poor of any town bordering upon the waters where any offense
under this act is cominitted, shall prosecute for and recover the penalties specified for any viola-
tions of the provisions of this act, such penalties to be applied to the support of the poor of
the town in which such overseer shall reside. In case such overseer shall refuse or neglect for
a period of ten days to prosecute, then any person who is an inhabitant of said county may prose-
cute for and recover any such penalties in his own name, and may retain one-half thereof; the
other half, after deducting the one-half of the expenses of the prosecution, shall be paid to the
overseer of the poor of the town where such person resides, for the support of the poor of
said town.

§ 6. This act shall take effect immediately.

Filed, July thirteen, eighteen hundred and ninety-three, in the office of the secretary of state.

AN ACT to regulate the taking of shad in the Nissequogue river within the boundaries of

the town of Smithtown.

The authority to pass this act is found in chapter four hundred and eighty-eight of the
laws of eighteen hundred and ninety-two, amended by laws of eighteen hundred and ninety-

three, chaptet five hundred and seventy-three.

FISHERIES, GAME AND FOREST LAW. 331

Section 1. It shall not be lawful for any person or persons to catch or take from the waters
of the Nissequogue river below a point of land bordering thereon known as “‘ Hogs Leg” any
shad between the fifteenth day of June and the first day of May in each year.

§ 2. No net having a smaller mesh than five inches shall be used for the purpose of catching
shad.

3. No nets shall be left in the water at any time without an attendant.

§ 4. All trout caught while fishing for shad shall be immediately returned to the water.

S

5- No shad shall be taken between twelve o’clock Saturday night and six o’clock Tuesday

§ 6. Any person or persons who shall violate any of the foregoing sections shall be liable to
a penalty of twenty-five dollars for each and every offense. The penalty imposed by this act
may be sued for and recovered with cost of suit by any person in his own name before any
justice of the peace in the town of Smithtown ; one-half of such penalty imposed and collected
under this act shall be paid to the person making the complaint, the other one-half to the super-
visor of said town to be applied by him to the contingent fund of the town.

§ 7. This act shall take effect immediately.

Filed May first, eighteen hundred and ninety-five, in the office of the secretary of state.

AN ACT entitled an act for the preservation of the escallop fisheries in the public waters of
the towns of Huntington, Smithtown and Brookhaven, in Suffolk county, New York.

The authority to pass this resolution is found in chapter four hundred and eighty-eight,
laws of eighteen hundred and ninety-two, amended by laws of eighteen hundred and ninety-
three, chapter five hundred and seventy-three, section one hundred and seventy-three.

Section 1. It shall not be lawful for any person or persons by means of dredges, tongs,
nets or in any other manner to take from the public waters or shores of the towns of Hunt-
ington, Smithtown, and Brookhaven in Suffolk county, any shellfish commonly called escallops,
between the first day of June and the first day of October in each year. Any person or persons
offending against the provisions of this section, on conviction shall be liable to a penalty of
fifty dollars for each offense.

§ 2. The penalty imposed in this act may be sued for and recovered, with costs of suit, by
any person in his own name, before any justice of the peace in said towns, when the amount
does not exceed the jurisdiction of such justice; one-half of any penalty imposed and collected
under this act shall be paid to the person making the complaint, the other one-half to the super-
visor of the town, to be by him applied to the support of the poor of said town.

§ 3. This act shall take effect immediately.

Filed May first, eighteen hundred and ninety-five, in the office of the secretary of state.

bo

STATE OF NEW YORK.

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Taxation of the State Forest Lands.

Section 22 of Article 2 of Chapter 908 of the Laws of 1896.

Assessment of State Lands in Forest Preserve.

§ 22. All wild or forest lands within the forest preserve shall be assessed and taxed at a like
valuation and rate as similar lands of individuals within the counties where situated. On or
before August first in every year the assessors of the town within which the lands so belonging
to the state are situated shall file in the office of the comptroller and of the board of fisheries,
game and forest, a copy of the assessment-roll-of the town, which, in addition to the other
matter now required by law, shall state and specify which and how much, if any, of the lands
assessed are forest lands, and which and how much, if any, are lands belonging to the state ;
such statements and specifications to be verified by the oaths of a majority of the assessors.
The comptroller shall thereupon and before the first day of September following, and after hear-
ing the assessors and the board of fisheries, game and forest, if they or any of them so desire,
correct or reduce any assessment of state lands which may be in his judgment an unfair propor-
tion to the remaining assessment of land within the town, and shall in other respects approve
the assessment and communicate such approval to the assessors. No such assessment of state
lands shall be valid for any purpose until the amount of assessment is approved by the comp-
troller, and such approval attached to and deposited with the assessment-roll of the town, and
therewith delivered by the assessors of the town to the supervisor thereof or other officer
authorized to receive the same from the assessors. No tax for the erection of a schoolhouse
or opening of a road shall be imposed on the state lands unless such erection or opening shall

have first been approved in writing by the board of fisheries, game and forest.

Section 80 of Article 4 of Chapter 908 of the Laws of 1896.

Payment of Taxes on State Lands in Forest Preserve.

§ 80. The treasurer of the state, upon the certificate of the comptroller as to the correct
amount of such tax, shal] pay the tax levied upon state lands in the forest preserve, by crediting
to the treasurer of the county in which such lands may be situated, such taxes, upon the amount
payable by such county treasurer to the state for state tax. No fees shail be allowed by the
comptroller to the county treasurer for such portion of the state tax as is so paid.

FISHERIES, GAME AND FOREST LAW.

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Torm of Application for Fish Net License.

The Board of Fisheries, Game and Forests of the State of New York.

Application paper for license to use seines, fykes and nets.

(Pursuant to section 151 of the fisheries, game and forest law, as amended by the laws of

1895, chapter 974.)

Le entre ake s hae ek oe RESTON AYES Te oo oS. yidial ROL op See , county of
StatenObeiINGw aM OLE) POSUIOMIGE ad GreSs wey aeearMeiets sei shes selene iei 33 , New York, do hereby
make application for a license to use:

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(@)) UN Wie WAGES OF cos cog evotog vicovas oudoGo 5 bdoG CouRaO db Ome Uc bEbclaol diab 6.o0

(ey )einithe towiisso fires re cn rarer desta rate saat arts tbe air csee venice edi are cueweim el caale tates

Gaymlnittheyconnby Of sara sary re sina eset AMOI N Per aston sireler ee onicnninie despa aera sugars

(5) For the purpose of catching the following kinds of fish .......................-...

Applicant.

INCCELVERS Cesare aes et te ere ee Se kore iet sas LO: No.

STATE OF NEW’ YORK:

(Ss)
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Rales and Regatations

Relating to the use of nets, adopted by the board of fisheries, game and forests, at the city
of Albany, on the tenth day of July, 1895, pursuant to section 151 of the fisheries, game and
forest law, as amended by chapter 974 of the laws of 1895.

All licenses for nets shall be granted pursuant and subject to the following rules, regula-
tions and restrictions, which shall be plainly printed on the back of each license issued, and
made a part thereof. 5

1. Only one kind of net shall be used under each license granted.

2. The license shall specify the kind of net to be used and the duration of the license.
Licenses will be granted for no longer than one year; all licenses granted during the year
will expire on the thirty-first day of December following; and the chief fish, game and forest
protector may, at any time, in his discretion, revoke any license after notice to the licensee of
the charges made against him.

3. A license issued, pursuant to these rules, is not transferable, and if a licensed net be
used by any other person than the licensee, it shall be deemed forfeited.

4. A metal tag shall be issued with each license, upon which shall be stamped a number
corresponding with the number of the license; such tag must be attached to the net, when in
use. The licensee must exhibit his license, when required, to any game protector or peace
officer of this state, or to any person designated by the board of fisheries, game and forests.

5. Licenses granted may be for one seine, not exceeding one hundred feet in length; two
fyke nets, not more than three feet in diameter, with leaders not more than fifty feet in length,
except in Lake Ontario and Lake Erie.

6. Nets shall be set, drawn or used only between sunrise and sunset, and no net shall remain
in the water after sunset unless raising them is prevented by the weather. (This rule shall not
apply to Lake Ontario and Lake Ene.) Fish of all kinds, except those permitted to be taken
in nets by section one hundred and forty-nine, chapter nine hundred and seventy-four, laws of
eighteen hundred and ninety-five, shall, with careful handling, be returned to the water
immediately. j

7. The mesh of all nets used under any license shall not be less than one and one-quarter
inch bar (one and one-quarter inch square.)

8. A licensed net shall only be used in the waters for which the license is given, and may
be determined by the commissioners and specified in the license.

g. A violation of any of these rules and regulations, or any hereafter adopted, or of the
game laws of this state, shall be sufficient cause for the forfeiture of said license.

ro. Any person holding a license, who shall forfeit the same by reason of being hereafter
convicted of illegal fishing, or shall violate any of these rules, shall not thereafter be granted
another license, and no person shall be granted a license who, within the year preceding the
application, has been convicted of illegal fishing.

11. All applications for licenses must be indorsed by two responsible persons.

FISHERIES, GAME AND FOREST LAN.

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12. All persons holding a license shall make monthly reports to the chief protector of all
nets drawn, with statement of number and kind of fish caught and the value of the same.

13. Each applicant shall, at the time of filing ‘his application, pay to the secretary of this
board a fee of one dollar for such license.

14. No pickerel, pike, black or Oswego bass, trout of any kind, salmon, perch, wall-eyed
pike or muskallonge shall be taken with nets under these rules and regulations; the license to
be issued hereunder shall specify what fish may be caught.

15. The use of gill-nets will not be permitted in any of the fresh waters of this state, except
in Lake Ontario and Lake Erie, more than one mile from shore, or from the islands therein,
except as specially authorized by law. Gill-nets of not less than two-inch bar may be used in
Lake Ontario and Lake Erie more than one mile from shore, after being duly licensed.

16. Eel-pots must not exceed in length fifty-six inches and in diameter not more than
twelve inches, if round or otherwise, and not more than twelve inches square, if square in form;
that the aperture or mouth of all eel-pots shall not be more than one and one-half inches in
diameter, if round in form or otherwise, and not more than one and one-half inches square, if
square in form; and that there shall be no fixtures or wings of any kind attached to or used in
connection with eel-pots, intended to stop fish or to guide or force them into the mouth of the pot.

17. A bond to the people of the state of New York in the penal sum of three hundred dol-
lars, with two sureties, to be approved by the board of fisheries, game and forests, conditioned
that the applicant or applicants will not violate or attempt to violate any of the provisions of
the laws of the state of New York relating to the protection of game and fish, and that he
or they will faithfully observe all the rules and regulations of the board of fisheries, game and
forests, so far as the same are applicable to, or made a part of, the conditions of the license,

will be required before any license will be issued.

18. The board of fisheries, game and forests reserve the right to alter, amend, repeal or
modify any or all of the foregoing rules and regulations, and may adopt new ones at any
time as they deem expedient. They may revoke any license granted hereunder at any time,
and for any reason which, to them, may seem sufficient. Nothing contained in any of these
rules and regulations shall be construed as compelling the issuing of a license to any person,

nor to prevent the revoking of such license at any time.

Information for All Who Apply for State Fish.

Avpany, N. Y., April, 1896.

All persons who desire to obtain fish or fish fry from the fisheries, game and forest commis-
sion for planting in public waters of the state (for under no circumstances are fish furnished by
the state to be planted in private waters), should apply to the secretary of the commission at
the office in Albany, for blanks to be filled out for this purpose, at the same time stating the
kind or kinds of fish desired. Three different blanks are furnished. Blanks for trout fry,

330 STATE OF NEW YORK.

blanks for fish fry (including all fish furnished by the commission other than trout and black
bass), and blanks for black bass. A separate blank must be filled for each kind of fish applied
for. All applications for trout fry (including brook, brown, rainbow and lake trout), whitefish,
ciscoes, Adirondack frost fish and smelts, must be filed in the office at Albany on or before
February first, each year.

Applications for tomcods must be filed on or before January first.

Pike-perch and muskallonge applications may be filed as late as April first, and applications
for black bass as late as May first.

Most of the species of the salmon family reared by the state, spawn in the fall and are
hatched the following spring, and are ready for delivery from March to May, depending upon
the season, and the situation of the hatchery. The spring spawning fishes, like the muskallonge,
pike-perch and black bass, may be delivered in May and June. Applicants for fish are notified
in advance of the shipments of fish assigned to them. Applications for fish received after the
dates fixed by the commission for that purpose, must be rejected for that year, as assignments
once made are final. The clerical work of filing applications and assigning millions of fish is
so great that it can not be reviewed for reassignment before distribution begins.

By law, no fish, fish fry, or spawn, other than trout, salmon and frost fish, can be planted in
the waters of the Adirondack region, and the penalty for violating the law is $500. The law
further provides that no trout of any kind or land-locked salmon shall be taken from any waters

of the state for stocking a private pond or stream.
A. N. CHENEY,

State Fish Culturist.

Instractions for Transporting and Planting Goang Fish.

Brook, brown, rainbow and Loch Leven trout should be planted in small rivulets tributary
to the larger stream to be stocked. From the rivulets they will work down as they grow, into
the main stream. }

Lake trout should be planted among boulders or rocks on a shoal in mid-lake, very near
to deep water, into which the young trout will find their way. In the absence of such shoals
with rocks to afford hiding places for the young trout, they may be planted on natural spawning
beds, when they are known.

In transporting young trout if they come to the surface of the water in the cans, it is a sign
of exhaustion, and the water should be frequently aerated by dipping it from the can in a
dipper and letting it fall into it again from a considerable height. It is safer to aerate the water
placed in the cans at the hatchery than to add fresh water during the journey, the qualities of
which are unknown. Should the water in the cans become warm, the temperature should be

reduced by the addition of ice broken into small pieces.

FISHERIES, GAME AND FOREST LAW. 3

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“NI

If the water in the cans containing young trout should be warmer or colder than the water
in the lake or stream at the time of planting the fish, the temperature should be equalized by
mingling the two waters in the-can before the fish are turned out, as marked changes in the
temperature may kill the young trout.

Fish cans ordinarily hold about 5,000 trout fry, and not more than three cans of fry should
be planted in one year in a stream from six to eight miles long, and the fry should be well
distributed throughout the length of the stream (by planting in rivulets as previously stated),
as by bunching the plant there is danger of exhausting the food suitable for the young fish.

Fry or yearling fish should be planted as soon as received, and never under any circum-
stances kept over night without constant watching and aerating the water. Trout are sent out
by the state in the spring or fall, as transportation during the hot months is attended with
great risk.

Applicants for fish should, so far as possible, ascertain the kinds and quality of fish food in

the streams they desire to plant.
AC N. CHENEY,

State Fish Culturist.

Pook Oat for Fires— Rates and Laws.

Fires for clearing land near a forest must not be started until the trees are in full leaf. Be-
fore lighting such fires three days’ notice, at least, must be given to the firewarden and occupants
of adjoining lands. After such fires are lighted, competent persons must remain to guard them
until the fire is completely extinguished, and the persons starting such fires will be held respon-
sible for all damages, notwithstanding notice has been given to the firewarden.

Fires will be permitted for the purposes of cooking, warmth and insect smudges; but before
such fires are kindled, sufficient space around the spot where the fire is to be lighted must be
cleared from all combustible material; and before the place is abandoned, fires so lighted must
be thoroughly quenched.

All fires, other than those hereinbefore mentioned are absolutely prohibited.

Hunters and smokers are cautioned against allowing fires to originate from the use of fire-
amms, cigars and pipes; and all persons are warned that they will be held responsible for any
damage or injury to the forest which may result from their carelessness or neglect.

Girdling and peeling bark from standing trees is prohibited. Fallen timber only may be
used for firewood.

Fish and game protectors and foresters, firewardens and all citizens are requested to report
to the fish, game and forest commissioners immediately all cases which may come ‘to their
knowledge, of damage or injury to forest trees arising from a violation of these rules.

By order of the fish, game and forest commission.

B. H. DAVIS,
President.

338 STATE OF NEW YORK.

Fishways in St. Lawrence and Franklin Counties.

CHAPTER 498 OF THE LAWS OF 1895.

AN ACT to provide for the construction of fish-slides or fishways through private dams in the

counties of Saint Lawrence and Franklin.

The People of the State of New York, represented in Senate and Assembly, do enact as follows :

Section 1. All and every person or persons owning or holding any mill dam or dams except
in the Oswegatchie river, in and above the natural dam at Gouverneur, in Saint Lawrence
county, upon any river located in Saint Lawrence or Franklin counties, shall construct in, or
connect with, every such dam or dams, a slide, apron, waste-gate or other passage, sufficient to
admit of all fish as usually enter the mouth of such river, in the spring of the year, to pass by,
through or over the said dam or dams; which said slide, apron, waste-gate or other passage,
shall be kept constantly open and unobstructed from the time said river or stream shall be cleared
of ice in the spring, until the first day of June in each year; provided, that the keeping open of
such slide, apron, waste-gate or other passage shall not cause a want of water for the use of any
mills or machinery connected with, or depending upon any such dam or dams.

§ 2. Any and every person or persons, who now own or hold or hereafter becomes the
owner or holder of such dam or dams, and who shall after January first, eighteen hundred and
ninety-six, neglect or refuse to supply such dam or dams with sufficient slide, apron, waste-gate
or other passage, for the passage of fish by, through or over the said dam or dams, or to keep
said slide, apron, waste-gate or other passage open and unobstructed, shall be liable to a penalty
of five dollars for every day he so neglects or refuses.

§ 3. All the provisions of the fish and game law, not inconsistent herewith, shall apply hereto.

§ 4. This act shall take effect immediately.

Fish and Game Protectors and Foresters.

J. Warren Pond, Chief Protector, . : : Albany, N. Y.

William Wolf, Clerk to Chief, 5 : : j Waterford, N. Y.

John E. Leavitt, Assistant Chief, : ‘ : Johnstown, N. Y.

M. C. Worts, Assistant Chief, . ; é : Oswego, N. Y.

Sebastian Hesbach, Oyster Protector, . ; 5 Ozone Park, N. Y. 5
Edgar Hicks, Oyster Protector, . 3 . : West New Brighton, N. Y.

John Ferguson, Assistant Oyster Protector, . : Patchogue, N. Y.

lfc 1s ACOH, a : : 3 : 2 : Penn Yan, Yates County, N. Y.
F. S. Beede, . 6 . . j 2 . Keene Valley, Essex County, N. Y.
George Carver, . : ¢ : ; : : Lyons, Wayne County, N. Y.
Soulien Clocks : : a : : : : Bay Shore, Suffolk County, N. Y.
T. H. Donnelly, : ° : : : 5 Perry, Wyoming County, N. Y.
L.S. Emmons, . 5 , 4 ; : : Oneonta, Otsego County, N. Y.

Ira Elmendorf, . a ° . d 0 : Brodhead, Ulster County, N. Y.

Eugene Hathaway,
Spencer Hawn,
James Holmes,
Carlos Hutchins,
Willett Kidd,

A. B. Klock,

J. H. Lamphere,
J. D. Lawrence,
J. W. Littlejohn,
E. J. Lobdell,

B. H. McCallum,
seph Northup,
M. Potter,

N. Pomeroy,
W. L. Reed,

R. M. Rush,
Bernard Salisbury,
Nicholas Shaul,
George B. Smith,
Alvin Winslow,
E. I. Brooks.

Jo
F.
D.

FISHERIES, GAME AND FOREST LAW. 339

Harrisville, Lewis County, N. Y.
Cicero, Onondaga County, N. Y.
Apalachin, Tioga County, N. Y.

Indian Lake, Hamilton County, N. Y.
Newburg, Orange County, N. Y.
Herkimer, Herkimer County, N. Y.
Weedsport, Cayuga County, N. Y.
Bloomvyille, Delaware County, N. Y.
Loon Lake, Franklin County, N. Y.
Northville, Fulton County, N. Y.
Oswegatchie, St. Lawrence County, N.Y.
Alexandria Bay, Jefferson County, N. Y.
Chautauqua, Chautauqua County, N. Y.
Lockport, Niagara County, N. Y.
Canandaigua, Ontario County, N. Y.
Camden, Oneida County, N. Y.
Ellicottville, Cattaragus County, N. Y.
Middle Grove, Saratoga County, N. Y.
Horseheads, Chemung County, N. Y.
Stony Creek, Warren County, N. Y.
Brookmere, Monroe County, N. Y.

E. A. Hazen, Protector for the Thousand Islands, Hammond, St. Lawrence County, N. Y.

James Green, Caldwell, Warren County, N. Y., Custodian of Lake George Islands.

Town.

Black Brook,
Dannemora, .

Andes, .
Bovina,
Colchester,
Davenport,
Delhi. .
Franklin,
Hamden,
Hancock,
Harpersfield,
Kortright,
Masonville, .

Firewarden

Se

CLINTON COUNTY.

Name.
Wm. Hopkins,
Arza Turner,

DELAWARE COU

W. A. Elliott,
John W. Blair,
Thomas Ford,

I. E. May, :
George Van Dyke,
William Miller,
Ralph Andrews,
Francis Bonneford,
J. Irving McLamey,
Vo Bie Jew

John Barnabas,

Post Office Address.
Ausable Forks, N. Y.
Dannemora, N. Y.

NTY.

Andes, N. Y.
Bovina, N. Y.
Shavertown, N. Y.
Davenport, N. Y.
Delhi, N. Y.
Franklin, N. Y.
Hamden, N. Y.
East Branch, N. Y.
Harpersfield, N. Y.
Kortright, N. Y.
Masonville, N. Y.

Town.
Meredith,
Middletown,
Roxbury,
Stamford,
Tompkins,
Walton,

Chesterfield,
Crown Point,
Elizabethtown,
Essex, .

Jay,

Keene, .
Lewis, .
Minerva,
Moriah,
Newcomb,
North Elba, .
North Hudson,
St. Armand, .
Schroon,
Ticonderoga,
Westport,
Willsborough,
Wilmington,

Altamont,
Bangor,
Belmont,
Bombay,
Brandon,
Brighton,
Dickinson,
Duane,
Franklin,
Harrietstown,
Malone,
Moira, .

Waverly,

Bleecker,
Caroga,
Ephratah,

SPATE OF NEW YORK:

Name.
John White,
DeWitt B. Cole,
Richard 8. Hammon,
John H. King,
E. C. Howes,
George P. Beers,

ESSEX COUNTY.

Carlos W. Rowe,
H. Underhill,
Carlos A. Jordon,
Denton Sayer,
Chas. O. Bartlett,
James Hall, .
Charles Cutting,
Robt. H. Wilson, .
James Wright,
Washington Chase.
Fred. Lamb,

Chas. H. Lamb,
Sylvester L. Reed,
Gustav Wickham, .
E73 © wD yaWaley,
William Ormiston,
E. Severance,
Cassius Winch,

FRANKLIN COUNTY.

E. Le Bouf,

Chas. J. Adams,
Joseph Williamson,
W. H. Niles,

‘B. Reynolds,

ReC@-prines
James W. Sabin,
A. R. Fuller,
Henry Pay, .
Warren J. Slater,
Fred. Degan,

T. R. Eddy,

W. H. Flack,

FULTON COUNTY.
E. Fisher,

Englebert Hine,
M. G. Van Voarst,

Post Office Address.
Meredith, N. Y.
Arkville, N. Y.
Roxbury, N. Y.
Stamford, N. Y.
‘Tompkins, N. Y.
Walton, N. Y.

Keeseville, N. Y.
Crown Point, N. Y.
Elizabethtown, N. Y.
Essex, N. Y.

Upper Jay, N. Y.
Keene, N. Y.

Lewis, N. Y.
Olmsteadville, N. Y.
Moriah, N. Y.
Newcomb, N. Y.
North Elba, N. Y.
North Hudson, N. Y.
Bloomingdale, N. Y.
Schroon Lake, N. Y.
Ticonderoga, N. Y.
Westport, N. Y.
Willsborough, N. Y.
Wilmington, N. Y.

Tupper Lake, N. Y.
Bangor, N. Y.
Belmont Centre, N. Y.
Bombay, N. Y.
Brandon, N. Y.

Paul Smith’s, N. Y.
Dickinson, N. Y.
Meacham Lake, N. Y.
Vermontville, N. Y.
Saranac Lake, N. Y.
Malone, N. Y.

Moira, N. Y.-:

St. Regis Falls, N. Y.

Bleecker, N. Y.
Pine Lake, N. Y.
Ephratah, N. Y.

Town.
Johnstown, .
Mayfield,
Northampton,
Stratford,

Ashland,
Athens,
€airo, .
Catskill,
Durham,
Greeneville, .
Hunter,
Jewett,

New Baltimore,

Prattsville,

Anetta,
Benson,
Hope, .
Indian Lake,
Lake Pleasant,
Long Lake,
Morehouse, .
Wells, .

Columbia,
Danube,
Fairfield,
Frankfort,
German Flats,
Herkimer,
Litchfield,
Little Falls, .
Manheim,
Newport,
Norway,
Ohio,
Russia,
Schuyler,
Stark,
Warren,
Wilmurt,
Winfield,

FISHERIES, GAME AND FOREST LAW.

Name,
F. B. Warren,
Wm. F. Bellin,
C. H. Ressiguie,
Netus Lancaster, .

GREENE COUNTY.

Frank Dodge, i
Douglas W. McKnight,
Gaston Wynkoop,

Benj. W. Grant,
Adelbert Newell,

W. S. Rundell,

Wm. Douglass,

Monroe Truesdell,

Wm. Friend,

Edward A. Clark,

HAMILTON COUNTY.

F. C. Adams,
H. Snell,

Wm. Lawton,
Orrin Cross, .
D. E. Call,

W. D. Jennings,
M. Boh,

T. D. Brown,

HERKIMER COUNTY.

W. A. Hatch,

S. L. Harder,
Herman Dodge,
John Maynard,

P. H. Steele,

Earl Brice,

Wm. Norton,

A. X. Willard,

W. F. Stoddard,
Howard Voorhees,
Henry Nichols,

A. C. Bullock,
Carey Garlock,
John Wood, .
Gresham Smith,
James Fagan,
John M. Richards,
H. C. Nichols,

341

Post Office Address.
Johnstown, N. Y.
Gloversville, N. Y.
Northville, N. Y.
Stratford, N. Y.

Ashland, N. Y.
Athens, N. Y.
Cairo, N. Y.
Catskill, N. Y.
Durham, N. Y.
Greeneville, N. Y.
Hunter, N. Y.
Jewett, N. Y.
Stanton Hill, N. Y.
Prattsville, N. Y.

Piseco, N. Y.
Benson, N. Y.

Hope, N. Y.

Indian Lake, N. Y.
Sageville, N. Y.
Long Lake, N. Y.
Morehouseville, N. Y.
Wells, N. Y.

South Columbia, N. Y.
Newville, N. Y.
Fairfield, N. Y.
Gulph, N. Y.
Mohawk, N. Y.

Ilion, N. Y.

North Litchfield, N. Y.
Little Falls, N. Y.
Dolgeville, N. Y.
Newport, N. Y.
Norway, N. Y.

Gray, N. Y.

Grant, N. Y.

West Schuyler, N. Y.
Van Hornesville, N. Y.
Cullen, N. Y.
Wilmurt, N. Y.

West Winfield, N. Y.

Town.
Diana, .
Greig, .
Harrisburgh,
Highmarket,
Lewis, .
Leyden,
Lowville,
Lyonsdale,
Martinsburgh,
New Bremen,
Osceola,
Pinckney,
‘Alera, <4
Watson,
West Turin, .

Brasher,
Canton,
Clare;
Clifton,
Colton,
DePeyster,
DeKalb,
Fine,
Herman,
Hopkinton, .
Lisbon,
Macomb,
Pitcairn,
Potsdam,
Rossie,
Russell,

Ballston,
Corinth,
Edinburgh,
Greenfield,
Hadley,

Half Moon, .
Moreau,
Wilton,

STATE OF NEW YORK.

LEWIS COUNTY.

Name.
W. H. Mantle,
Duane Norton,
W.D. Robeson, .
Michael O’Brien, .
Charles Myers,
C. D. Wilcox,
Chas. Fowler, ,
Edward Burdick, .
John Taylor,
John H. Blintz,
Chas. Corbett,
Cie Greenleya wer
C. R. McCullock,
Stephen Waldron,
F. E. Taylor,

St. LAWRENCE COUNTY.

B. P. Clarke,

S. Heminway, :
William N. Dean, .
Chas. F. Thomas,
W. J. Horton,

N. E. Griffin,

A. C. Farr,

Thos. Willis,

A. O. Morgan,
BienGalenus

E. B. Hobbs,
John R. Mills,

D. G. Graham,

I. Delisle, .

M. H. Turnbull,
Edgar Lane,

SARATOGA COUNTY.

Anson J. Larkin, .
A. C. Hickok,
Frank R. Smith,
Fayette H. Baker,
Edward J. Wilcox,
Edward McDonnell,
Job Hubbell,

Ray Schermerhorn,

Post Office Address,
Harrisville, N. Y.
Greig, N. Y.
Harrisburgh, N. Y.
Highmarket, N. Y.
West Leyden, N. Y.
Leyden, N. Y.
Lowville, N. Y.
Lyonsdale, N.Y.
Martinsburgh, N. Y.
Croghan, N. Y.
Osceola, N. Y.
Barnes Corners, N. Y.
Turin, N. Y.
Chase’s Lake, N. Y.
Constableville, N. Y.

Brasher, N. Y.
Canton, N. Y.
Clare, N. Y.
Clifton, N. Y.
Colton, N. Y.
DePeyster, N. Y.
DeKalb, N. Y.
Fine, N. Y.
Herman, N. Y.
Gale, N. Y.
Lisbon, N. Y.
Brasie Corners, N. Y.
Pitcairn, N. Y.
Potsdam, N. Y.
Rossie, N. Y.
Russell, N. Y.

Ballston Spa, N. Y.
Corinth, N. Y.
Edinburgh, N. Y.
North Greenfield, N. Y.
Conklingville, N. Y.
Mechanicville, N. Y.
Fortsville, N. Y.
Wilton, N. Y.

Town.
Bethel,
Callicoon,

_ Cochecton,
Delaware,
Fallsburgh, .
Forestburgh,
Fremont,
Highlands,
Liberty,
Lumberland,
Mamakating,
Neversink,
Thompson,
Tusten,

Bolton,
Caldwell,
Chester,
Hague,
Horicon,
Johnsburgh, .
Luzerne,
Queensbury, .
Stony Creek,
Thurman,
Warrensburgh,

Argyle,
Cambridge, .
Dresden,
Easton,

Fort Ann,
Fort Edward,
Granville,
Hampton,
Hartford,
Hebron,
Jackson,
Putnam,
Salem, .
Whitehall,
White Creek,

e

o

FISHERIES, GAME AND FOREST LAW.

SULLIVAN COUNTY.

Name.
Newcomb Mapes,
Casper Van Weisenflugh,
Peter Theiss,

W. D. Spurling,
Morris Downey,
G. L. Decker,

M. A. Hoffman,
Geo. W. Parker,
Fred Buckley,
Wm. Ruddick,
Wesley Marshall, .
Samuel J. Groo,
W. S. Coddington,
Wm. Darling,

WARREN COUNTY.

Ds Gatess:
Chas. Wood,
Geo. Swan,

Jas. A. Balcom,
Stephen Hoyt,
Wm. Merrill,
Wiiigdslalil. -
Wm. Roach,

L. R. Dunlop,
A. O. Ingraham,
Wm. Woodworth, .

WASHINGTON COUNTY.

Wm. Kilmer,
Abram Robertson,
Patrick Crockwell,
Eugene Briggs,

E. H. Sturtevant, .
Thomas Ellis,

E. B. Temple,
Lyman Warren,
Judson Maynard, .
Alton Wilson,

V. 5S. Houghtaling,
Jen Dpleishin
Christopher Burnett,
Robert Steeves,
Charles Agan,

Post Office Address.
White Lake, N. Y.
Youngsville, N. Y.
Fosterdale, N. Y.
Callicoon Depot, N. Y.
Mountaindale, N. Y.
Oakland Valley, N. Y.
North Branch, N. Y.
Eldred, N. Y.

Liberty, N. Y.

Glen Spey, N. Y.
Wurtsboro, N. Y.
Grahamsville, N. Y.
Rockhill, N. Y.
Beaver Brook, N. Y.

Bolton, N. Y.
Caldwell, N. Y.
Chestertown, N. Y.
Hague, N. Y.
Horicon, N. Y.
Johnsburgh, N. Y.
Luzerne, N. Y.
Queensbury, N. Y.
Stony Creek, N. Y.
Thurman, N. Y.
Warrensburgh, N. Y.

Argyle, N. Y.
Cambridge, N. Y.
Dresden Centre, N. Y.
Easton, N. Y.

Fort Ann, N. Y.

Fort Edward, N. Y.
Granville, N. Y.
Hampton, N. Y.
South Hartford, N. Y.
Hebron, N. Y.
Battenville, N. Y.
Putnam, N. Y.

Salem, N. Y.
Whitehall, N. Y.
Cambridge, N. Y.

344 SHWACE SS OH EN EW ORK

CHAPTER 385 OF THE LAWS OF 18384.

AN ACT to cede lands under water of Gardiner’s and Peconic bays to Suffolk county, Long
Island, for the cultivation of shellfish.

PassED May 28, 1884.

Section 1. All the nght, title and interest which the people of the state of New York have in
and to the lands under water of Gardiner’s and Peconic bays in the county of Suffolk, is hereby
ceded to said county, for the purpose of oyster culture, to be managed and controlled by the
board of supervisors thereof provided that such lands shall revert to the state when they shall
cease to be used for oyster culture, and provided that nothing in this act shall be held to interfere
with the right of the commissioners of the land office to grant lands under water in said bays to
owners of adjacent uplands for purposes of commerce or of beneficial enjoyment within the
existing bulkhead lines.

§ 2 The board of supervisors of Suffolk county shall have power, and it shall be their duty,
within thirty days after the passage of this act, to appoint three commissioners of shellfisheries
in the waters of Gardiner’s and Peconic bays and the tributaries thereof, in the county of Suffolk.
Said commissioners shall be residents of some one or other of the towns lying contiguous to said
bays, and at the first appointment thereof one shall be appointed for the term of one year, one for a
term oftwo years, and one for a term of three years; and annually thereafter one commissioner
shall be appointed for a term of three years. Said commissioners when so chosen shall take the
usual oath of office and shall give bonds in one hundred dollars each, to the board of supervisors
of said county, conditioned for the faithful performance of their official duties; and all moneys
received by them for the sale of the lands hereinafter specified shall be paid over by them to the
county treasurer of said county,

§ 3. Upon the written application of any person of full age who has been an actual resident
of Suffolk county for six months next preceding the date of such application, the said commis-
sioners, or a majority of their members, shall cause a survey and map to be made of any land
under water of said bays or the tributaries thereof, suitable for planting oysters thereon, as
described in such application, and shall take the proper steps to determine whether there is on
said lands any natural growth of clams such that one person in one day could take three bushels,
or a natural shell bed from which shells can be taken in quantities for use in other places; and
if there be no such natural growth or shell bed said commissioners shall sell and convey to said
applicant, by warranty deed, all the right, title and interest which the said county of Suffolk shall
have in and to said land. Said application shall not cover more than twenty-five acres, nor shall
said commissioners sell and convey to any one person less than one or more than twenty-five
acres; and they shall receive for said land at the rate of one dollar per acre, together with such
further sum as may be deemed by the supervisors of said county sufficient to compensate said
commissioners for their services and expenses in surveying and setting off said lands and in pre-

paring and executing the proper deeds to said applicant ; said deeds shall expressly provide and

FISHERIES, GAME AND FOREST LAW. 345
stipulate that the grantee shall, within one year from the date of their execution, plant not less
than ten bushels of oysters for each acre of said land on said land, or otherwise the grant shall be
void and the land so granted shall revert to the county. (Laws of 1896.)

§ 4. Any and all grantees of land conveyed under this act shall, within three months from
the date of their several grants, have the deed recorded in the office of the county clerk of
Suffolk county, and thereafter said land so granted shall be held to be real estate in possession
of the grantee and shall be subject to taxation as any other real property.

§ 5. All questions and disputes in regard to ownership, title, buoys, boundaries, ranges, or
extent or location of grounds, may be referred to and settled by the said commissioners of shell-
fisheries, who may summon before them all the parties in interest and take sworn statement of
facts as claimed on either side. From their decision an appeal may be taken to the county
judge, whose decision shall be final.

§ 6.-Any person wilfully disturbing the bottom of the lands so granted, with intent to remove
or injure the shellfish thereon, shall be guilty of a misdemeanor, and on conviction, shall, if said
disturbance be done in the daytime, be punished by a fine not exceeding one hundred dollars
and confiscation to the state of the boat and tools so used, or by imprisonment in the county
jail for not exceeding three months or by both such fine and imprisonment in the discretion of
the court; but if such disturbance shall take place in the nighttime, or between sunset and sun-
rise, the penalty shall be a fine of not more than two hundred and fifty dollars and confiscation
to the state of the boat and tools so used, or by imprisonment in the county jail for not exceeding
six months, or by bothsuch fine and imprisonment in the discretion of the court.

§ 7. Any justice of the peace in either of the said towns bordering on said bays shall have

jurisdiction over offenses under this act.

CHAPTER 549 OF THE LAWS OF 1874.

AN ACT to provide for the planting and protection of oysters in those portions of the Great
South bay, lying in the towns of Islip and Babylon in Suffolk county, wherein the taking of

clams cannot be profitably followed as a business.

PASSED May 22, 1874.

Section 1. It shall be lawful for any inhabitant of either of the towns of Islip or Babylon, in
Suffolk county, of full age, and having resided in either of said towns for one year next preced-
ing, by and with the consent of the oyster commissioners hereinafter named, and upon complying
with the provisions of this act hereinafter contained, to locate a lot, not to exceed four acres in
extent, under the public waters of the Great South bay, in either of said towns where the taking
of clams can not be profitably followed as a business, and he shall be entitled to and shall have
the exclusive ownership and property in all oysters upon said lot, and the exclusive nght to use
the said lot for the purposes aforesaid. (Laws 1878, ch. 142.)

346 STATE OF NEW YORK.

§ 2. For the purpose of ascertaining and determining what portion or portions of said bay
may be taken for the purpose of planting oysters as aforesaid, a board of commissioners, consisting
of two from the town of Islip and one from the town of Babylon, whose official title shall be

’

“Oyster Commissioners,” shall be appointed each by the board of town auditors, or a majority
of them, of his or their said town respectively. The first appointment to be made within twenty
days after the passage of this act, and, when so appointed, they shall hold office until the next
annual town meeting ; and their successors in office shall annually be appointed in same manner,
on the Tuesday immediately preceding every annual town meeting. Such appointment shall be
certified in duplicate, in writing, that by Babylon, by said auditors of Babylon, or a majority of
them; that by Islip, by said auditors of Islip, or a majority of them; and a copy of said certi-
ficate shall be filed with the town clerk of each of said towns, and it shall be the duty of said
town clerks respectively, forthwith to notify each person so appointed in his town of such
appointment. (Laws 1878, ch. 142.)

§ 3. Every person appointed to the office of oyster commissioner, before he enters upon the
duties of his office, and within ten days after he shall be notified of his appointment, shall
take and subscribe the oath of office prescribed by the constitution and shall execute, in the
presence of the supervisor or town clerk of his town, a bond to the supervisor of his town, in
the penalty of not less than two hundred dollars, with one or more sufficient sureties to be approved
of by such supervisor or town clerk, conditioned for the faithful performance of his duties as such
commissioner, which bond shall be filed in the office of such town clerk. (Laws 1878, ch. 142.)

§ 4. If any person appointed as such commissioner shall not take and subscribe such oath
and file such bond as herein provided, such neglect shall be deemed a refusal to serve.

§ 5. If any person appointed to the office of oyster commissioner shall refuse to serve, or
shall die or resign or remove out of town, for which he shall have been appointed, or become
incapable of serving, before the Tuesday next preceding the next annual town meeting after he
shall have been appointed, the said board of town auditors, of his said town, shall within ten
days after the happening of such vacancy supply the same, as hereinbefore provided. (Laws
1878, ch. 142.)

§ 6. It shall be the duty of said commissioners, or a majority of them, on application of
any such inhabitants as aforesaid, and upon notice to all of said commissioners, to attend and
examine the lot applied for and ascertain and determine whether the taking of clams can or
can not be profitably followed as a business thereon, and if they shall determine that it can not,
then and not otherwise they shall locate the lot for him, which shall be clearly marked and defined
by means of buoys, stakes or otherwise, as said commissioners, or a majority of them shall
direct, and in such manner as shall not interfere with net fishing, as a notice to the public that
it has been selected for the purposes aforesaid. And it shall be the duty of said commissioners
to procure or cause to be made, all surveys and maps which they may deem necessary for
defining the portions of said bay which may be allotted for the purposes aforesaid, describing
thereon the lots which may be located under this act, and to file copies of all such surveys and
maps in the office of the town clerk of each of said towns. On all questions which may arise

under this act as to the location of the lots or the boundaries thereof or the portions of said

FISHERIES, GAME AND FOREST LAW. 347

bay which may be allotted for the purposes aforesaid, the decision of the said commissioners, or
a majority of them, shall be final and conclusive. On payment by any such applicant of the
expense of locating his lot, which shall be determined by the said commissioners, but shall in
no case exceed the sum of ten dollars, and the additional sum of one dollar per acre as yearly
rent, they or a majority of them, shall give to such applicant a certificate showing that he has
by their consent located a certain lot, and particularly describing said lot, and stating the amount
of charges and rental paid therefor, and that the taking of clams cannot be profitably followed
thereon as a business, and directing in what manner said lots shall be marked and defined,
which certificate shall entitle the person named therein to the possession of said lot for the pur-
poses of this act, so long as he shall keep the said lot clearly defined in the manner so directed
by said commissioners; but if such person shall neglect to plant his lot with at least one hun-
dred bushels of oysters and shells during the period of one year from the date of his certificate,
or shall neglect to pay said yearly rent on or before the first day of April in each and every
year, his rights to the possession of the said lot may be terminated at the option of a majority
of said commissioners, and in case such night of any person shall be terminated by the decision
of said commissioners as aforesaid, a written certificate of such fact shall be made in duplicate,
and one of the said certificates shall be filed with each of the town clerks of said towns. A
duplicate of every certificate consenting to the location of any lot as aforesaid shall also be
filed by said commissioners with each of the said town clerks, who shall enter the name of the
person entitled thereto and the sum or sums specified therein in a book, to be procured and
kept by tbem respectively for that purpose. (Laws 1878, ch. 142.) ’

§ 7. Each of said commissioners shall be allowed the sum of five dollars per day for his
services actually rendered under this act, the same to be paid only out of the fund received for
locating lots pursuant to section six of this act, and shall not receive therefor any additional
fees or compensation from any person or persons whomsoever, and each of said commissioners
shall at the usual annual auditors’ meeting of said towns account for and pay over all moneys
in his hands to the said board of auditors, to wit: The moneys paid in by inhabitants of
Babylon to the board of auditors of the town of Babylon, and all moneys paid in by the
inhabitants of the town of Islip to the board of auditors of the town of Islip, and the said
respective boards of auditors shall audit the accounts of the said commissioners or commissioner
appointed from their town at the same time and in the same manner as those of other town
officers, and shall pay all proper charges for services rendered under and by virtue of the pro-
visions of this act out of the moneys so received, and shall pay the balance, if any, to the
superyisor of said town, to be credited on its contingent fund. But no fees or salary allowed
any commissioner named under this act shall be a charge upon or be paid by either of said
towns of Islip or Babylon. (Laws 1878, ch. 142.)

§ 8. It shall not be lawful for any person to retain possession of any such lot after he shall
cease to be a resident of either of said towns of Islip or Babylon, but he may sell and assign
his interest in any such lot to ary inhabitant of either of said towns for one year; but no
person shall acquire possession of more than one lot, by purchase or otherwise. (Laws 1878,

ch. 142.) op

348 STATE OF NEW YORK.

§ 10. Any person prosecuted for a penalty under this act may be arrested and held to bail
in the same manner as upon warrants issued by justices of the peace; and whenever a hearing
shall be had for any violation of the provisions of this act, execution shall be issued thereon
immediately, in the same manner and with like effect as is provided in section one hundred and
forty-three, article nine, title four, chapter two, third part of the Reyised Statutes, and all the
provisions of the said sections shall apply to executions issued pursuant to the provisions of
this act.

§ 12. All acts or parts of acts inconsistent with the provisions of this act are hereby
repealed.

§ 13. Upon the appointing of such commissioners and the filing of the certificates thereof,
as herein above provided, the term of office of the present oyster commissioners, now acting in
the town of Islip, shall cease. (Laws 1878, ch. 142.)

§ 14. The provisions of this act shall not in any way impair the nght of the present owners
of oyster lots planted pursuant to the provisions of the act hereby amended. (Laws 1878,
ch. 142.)

§ 15. The title of said act is hereby amended so as to read as follows: An act to provide
for the planting and protection of oysters in those portions of the Great South bay, lying in
the towns of Islip and Babylon, in Suffolk county, wherein the taking of clams can not be
profitably followed as a business. (Laws 1878, ch. 142.) Amended Laws 1878, chapter 142;
section 9, repealed Laws 1886, chapter 593 ; section 12,see Laws 1857, chapter 167 ; section r1,

repealed Laws 1878, chapter 142.

CHAPTER 384 OF THE LAWS OF 1870.

AN ACT to regulate the planting of oysters in the public waters of the town of Hempstead,
in the county of Queens.

PASSED May 28, 1879.

Section r. It shall be unlawful for any person to use or occupy any portion of the public
lands under water in the town of Hempstead, in the county of Queens, for the purpose of
planting oysters thereon, without first having obtained the license so to use and occupy such
lands authorized and provided for in and by chapter six hundred and thirty-nine of the laws of
eighteen hundred and seventy-one, entitled “An act to regulate the planting of oysters in the
public waters in the towns of Jamaica and Hempstead, in Queens county,” nor shall license
be granted to any person to so use or occupy more than three acres of such lands.

§ 2. Any person violating any of the provisions of this act shall be guilty of a misdemeanor.

FISHERIES, GAME AND FOREST LAW. 349

CHAPTER 468 OF THE LAWS OF 1859.

AN ACT in relation to the planting of shellfish in the waters of Jamaica bay and creeks
adjoining, in the county of Queens.

Section 1. The owners and lessees of land lying on Jamaica bay and the streams tributary
thereto, in the county of Queens, may plant oysters or clams in the waters of said bay or
creeks, opposite their respective lands extending from low-water mark into said bay, not
exceeding four rods in width, and in the creeks not exceeding half the width of said creek; but
no one person or association shall plant such bed more than one-quarter of a mile long.

§ 2. Any owner or lessee so planting oysters or clams, shall designate the locality by two or
more stakes driven into the bottom at the extreme corner of the bed so planted, and shall, by a
suitable monument erected on the adjacent shore, indicate the fact of such planting, but no
stake shall be placed so as to interfere in any way with the navigation of said bay or creeks.

(Section 3 repealed L. 1886, ch. 539; see L. 1863, ch. 493; L. 1865, ch. 343; L. 1866,
ch: 306; L. 1866, ch. 753; L. 1868, ch. 734; L. 1871, ch. 639; L. 1872, ch. 659;
L. 1878, ch. 302; L. 1879, ch. 384.)

CHAPTER 493 OF THE LAWS OF 1863.

AN ACT for the protection of the planting of oysters in the towns of Hempstead and
Jamaica, county of Queens, New York.

PASSED May 5, 1863.

Section 1. It shall be lawful for any person being an inhabitant of the towns of Hempstead
or Jamaica, in Queens county, of said state, and having been such for the period of six months,
to plant oysters in any of the public waters within either of the said towns; and upon comply-
ing with the provisions of this act hereinafter contained, he shall be entitled to, and have the
exclusive ownership and property in, all oysters upon the beds where the same were planted, and
the exclusive right to use the said beds for the purpose aforesaid.

§ 2. Any person being such inhabitant of either of said towns, may use a portion of the
land under the public waters within said town, not to exceed two acres in a bed, and on which
there is no natural or planted bed of oysters, for the purpose of planting oysters thereon ; but to
entitle such person to the privileges and comforts of such act, the portion so selected by him
shall be clearly marked and defined by means of stakes, or otherwise, as a notice to the public
that it is selected and is occupied for the purpose aforesaid, and no bed shall be so marked and
defined until the bed shall be actually planted by said person; and shall not be so planted or
held with less than four hundred bushels to the acre, or at the same rate for less than an acre.

§ 3. Any person being an inhabitant of either of said towns as aforesaid, may, upon comply-
ing with the provisions of this act, plant oysters on the beds so designated and marked out, and
it shall not be lawful for any person other than the one who planted the oysters, and his legal
representatives, to take away said oysters, or to disturb said beds either by oystering thereon,

or in any other way disturbing said beds, under the penalty hereinafter provided.

350 STATE OF NEW YORK.

§ 4. Any person other than the one who planted the oysters, or his legal representatives,
who shall take any oysters from a bed thus marked out and occupied, as above provided, or
who shall oyster on the said beds, or in any way disturb the same, shall be liable to a penalty of
fifty dollars for each offense, to be recovered by the owner of the oysters, or his legal represen-
tative, in any action brought before any justice of the peace of either of said towns, and shall
also be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not over
one hundred dollars, or imprisonment in the county jail for not more than sixty days, or by
both such fine and imprisonment.

§ 5. Any person prosecuted for a penalty under this act, may be arrested and held to bail
in the same manner as upon warrants issued by justices of the peace; and whenever a hear-
ing shall be had for any violation of the provisions of this act, execution shall be issued
thereon immediately, in the same manner and with like effect as is provided in section one
hundred and forty-three, article nine, title four, chapter two, third part of the Revised
Statutes ; and all the provisions of said section shall apply to execution issued pursuant to the
provisions of this act.

§ 6. Any person entitled to plant oysters by having complied with the provisions of this
act, and any such person who shall have abandoned or ceased to use any such land for the
purpose intended by this act, for the period of one year, shall forfeit all rights and privileges
to use of the same under this act, and any such person who shall remove from the town and
cease to be an inhabitant thereof, shall forfeit all rights and privileges acquired by him
under this act, after two years of such removal, which period shall be allowed him for the pur-
pose of removing the oysters planted by him, and remaining on said beds at the time of his

removal. (See Laws 1859, chap. 468.)

CHAPTER 343 OF THE LAWS OF 186s.

AN ACT for the protection of the planting of oysters in the county of Queens, New York.
PassED April 8, 1865.

Section 1. It shall be lawful for any person, being an inhabitant of the county of Queens,
in this state, and having been such for the period of six months, to plant oysters in any of the
public waters within said county, except Hempstead harbor, Jamaica and Hempstead bays and
Oyster bay harbor; and upon complying with the provisions of this act hereinafter contained,
he shall be entitled to and have the exclusive ownership and property in all oysters upon the
beds where the same were planted, and the exclusive right to use the said beds for the purpose
aforesaid.

§ 2. Any person being such inhabitant of such county may use a portion of the land
under the public waters within such county, except in those named in section first of this act,
not to exceed three acres in a bed, and on which there is no natural or planted bed of oysters,

for the purpose of planting oysters thereon; but to entitle such person or persons to the

FISHERIES, GAME AND FOREST LAW. 351

privilege and comforts of such act, the portion so selected by him shall be clearly marked
and defined by means of stakes or otherwise, as a notice to the public that it is selected and
occupied for the purpose aforesaid, and shall not be so planted or held with less than fifty
bushels to the acre, or at the same rate for less than one acre. If the person entitled to plant
oysters by having complied with the provisions of this act, shall not actually occupy the land so
staked out by him by planting oysters thereon within six months, he shall forfeit all rights and
privileges to the use of the same under this act. (Laws 1886, ch. 399.) :

§ 3. Any person being an inhabitant of said county as aforesaid may, upon complying
with the provisions of this act, plant oysters on the beds so designated and marked out.
(Laws 1886, ch. 593.)

§ 5. Any person prosecuted for a penalty under this act, may be arrested and held to bail
in the same manner as upon warrants issued by justices of the peace; and whenevei a hear-
ing shall be had for any violation of the provisions of this act, execution shall be issued
thereon immediately in the same manner and with like effect as is provided in section one
hundred and forty-three, article nine, title four, chapter two, third part of the revised statutes ;
and all the provisions of said section shall apply to execution issued pursuant to the provisions
of this act.

§ 6. Any person entitled to plant oysters by having complied with the provisions of this
act, and any such person who shall have abandoned or ceased to use any such land for the
purpose intended by this act, for the period of one year, shall forfeit all rights and privileges to
the use of the same under this act; and any such person who shall remove from the county and
cease to be an inhabitant thereof, shall forteit all rights and privileges acquired by him under
this act after two years of such removal, which period shall be allowed him for the purpose
of removing the oysters planted by him and remaining on said beds at the time of his removal.

§ 8. All acts or parts of acts inconsistent with the provisions of this act, or any portion
thereof, are hereby repealed.

§ 9. This act shall take effect immediately.

(By chapter 93, Laws 1870, the provisions of this act are extended to the waters of Jamaica
and Hempstead bays. See Laws 1859, chapter 468, and Laws 1864, chapter 574. Amended
Laws 1866, chapter 399; Laws 1870, chapter 93. Section 7 partly repealed Laws 1879,
chapter 402. Sections 4 and 7 and part of section 3 repealed Laws 1886, chapter 595.)

CHAPTER 399 OF THE LAWS OF 1866.

AN ACT to amend an act entitled “ An act for the protection of the planting of oysters in the
county of Queens, New York,’ chapter three hundred and forty-three, passed April eighth,
eighteen hundred and sixty-five.

PASSED April 5, 1866.

Section 1. [Same as section 2, chapter 343, Laws, 1866.]

352 STATE OF NEW YORK.

§ 3. The natural growth of bed of oysters in the waters known as Little Neck bay in said
county, is hereby defined as being between low-water mark and a distance of five hundred feet
therefrom into the waters of said bay towards its centre, beyond which, in the planting of oysters
as provided in the first section of this act, the word ‘‘ natural” in said section shall not apply.

§ 4. Any person who, having planted oysters in pursuance of said act on natural beds of
oysters on any grounds under the public waters aforesaid, shall have until the fifteenth day of
August, eighteen hundred and sixty-six, to remove said oysters, after which time said person or
persons shall cease to have exclusive right or control over said ground or beds of natural growth
of oysters, except as provided in section third of this act.

§ 5. This act shall take effect immediately.

(See Laws 1865, chapter 343; amended Laws 1870, chapter 93; § 2 repealed Laws 1886,
chapter 593.)

CHAPTER 306 OF THE LAWS OF 1866.

AN ACT for the protection of the planting of oysters in the towns of Islip and Huntington,
county of Suffolk, New York.

PassED March 31, 1866.

Section 1. It shall be lawful for any person being an inhabitant of the towns of Islip or
Huntington, in Suffolk county, state of New York, and having been such for the period of six
months, to plant oysters in any of the public waters of the Great South bay, within either of the
said towns; and upon complying with the provisions of this act hereinafter contained, he shall
be entitled to and have the exclusive ownership and property in all oysters upon the beds where
the same were planted, and the exclusive right to use the said beds for the purpose aforesaid.

§ 3. Any person being an inhabitant of either of said towns, as aforesaid, may, upon comply-
ing with the provisions of this act, plant oysters on the beds so designated and marked out, and it
shall not be lawful for any person other than the one who planted the oysters and his legal rep-
resentatives, to take away said oysters or to disturb said beds either by oystering thereon, or in
any other way disturbing said beds, under the penalty hereinafter provided.

§ 6. Any person entitled to plant oysters by having complied with the provisions of this act
and any such person who shall have abandoned or ceased to use any such land for the purpose
iztended by this act, for the period of one year, shall forfeit all rights and privileges to the use
of the same under this act; and any such person who shall remove from the town, and cease to
be an inhabitant thereof, shall forfeit all rights and privileges acquired by him under this act,
after two years of such removal, which period shall be allowed him for the purpose of removing
the oysters planted by him, and remaining on said beds at the time of his removal.

§ 7. This act shall take effect immediately.

(See Laws 1869, chapter 468; amended Laws 1872, chapter 666; repealed as to Hunting-
ton, Laws 1880, chapter 240; section 4 and 5 repealed Laws 1886, chapter 593.)

FISHERIES, GAME AND FOREST LAW.

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CHAPTER 666 OF THE LAWS OF 1872.

PASSED May 13, 1872.

Section 1. Section two of the act entitled ‘“‘ An act for the protection of the planting of
oysters in the towns of Islip and Huntington, county of Suffolk,” passed March thirty-one,
eighteen hundred and sixty-six, is hereby amended so as to read as follows :

§ 2. Any person being such inhabitant of either said towns may use a portion of the land
under public waters within said towns, not to exceed two acres, and on which there is no natural
or planted bed of oysters or clams, for the purpose of planting oysters thereon; but to entitle
such person to the privileges and comforts of such, all the portion so selected by him shall be
clearly marked and defined by means of stakes or otherwise, as a notice to the public that it is
selected and occupied for the purpose aforesaid; and no bed shall be so marked and defined
until the bed shall be actually planted by such person, and shall not be so planted or used with
less than four hundred bushels to the acre, or at the same rate for less than an acre.

§ 3. Any person who shall have planted oysters on any natural growth of clams before the
passage of this amendment shall have two years from the date of this amendment allowed him
to remove the same, and any oysters remaining on such natural growth of clams beyond that
time shall become public property.

(See Laws of 1866, chapter 306; repealed as to Huntington, Laws 1880, chapter 240.)

CHAPTER 240 OF THE LAWS OF 1880.

PASSED May §, 1S8o.

Section 1. Chapter three hundred and six of the Laws of eighteen hundred and sixty-six,
entitled ‘* An act for the protection of the planting of oysters in the towns of Islip and Hunt-
ington, county of Suffolk, New York,” and chapter six hundred and sixty-six of the Laws of
eighteen hundred and seven-two, amendatory thereof, so far as said acts affect the present town
of Huntington, in said county, are hereby repealed.

§ 2. This act shall take effect immediately.

CHAPTER 404 OF THE LAWS OF 1866.

AN ACT for the better protection of the planting of oysters in the waters of Richmond county
and of this state surrounding said county, and to regulate oystering and clamming upon beds
of natural growth therein.

PASSED April 5, 1866.

§ 5. Actions for any penalty under this act, brought before any justice of the peace, may be
commenced by warrant, and the party arrested and held to bail in the same manner as upon war-
rant issued by justice of the peace (and such proeess by warrant shall be deemed the commence-

tment of such action), and the same proceedings had as in civil actions commenced by warrant

354 STATE OF NEW YORK.

before justices of the peace, and shall be governed by the same rules. And whenever any
judgment thereon shall be had, execution shall be issued thereon immediately in the same
manner and with the like effect as is provided in section one hundred and twenty-six, article
nine, title four, chapter two, third part of the Revised Statutes; and all the provisions of said
sections shall apply to executions issued by any justice of the peace pursuant to the provisions
of this act.

§ 8. In the event of any persons violating the provisions of either of the first, second or sixth
sections of this act, if the person or persons by said sections authorized to sue for the penalty
therein prescribed shall so select, in heu and instead of suing for said penalty in a civil action,
said person or persons may make complaint on oath in writing before any justice of the peace of
said county of the infraction of the provisions of either of said sections, describing as near as
may be the apparatus, boats and implements used in violating such provisions, and it shall there-
upon be the duty of the officer to whom such complaint is made, to issue a warrant under his
hand commanding the sheriff or any constable of said county to seize, attach, and safely keep
all apparatus, implements, boats or other vessels used by any person or persons in violating the
provisions of either of the aforesaid sections of this act.

§ g. It shall be the duty of the sheriff or constable receiving such process, to seize and take
possession of all such apparatus, implements, boats or other vessels used by any person or persons
in violating any or either of the provisions of tke aforesaid sections of this act, and such sheriff
or constable shall forthwith make return thereof to the officer issuing the same, and hold said
property in like manner as upon attachment in justices’ courts, until such complaint shall be de-
termined and judgment thereon satisfied, and shall give notice to the owner or person in
possession of such property when he will return said warrant, together with a copy of said
warrant and the complaint upon which it was issued, and also give notice of such return to the
complainant.

§ 10. Upon the return of the said warrant, the person or persons charged with such offense,
or the owners or persons in possession of the property so seized, may file an answer denying any
or all of the allegations in said complaint alleged, and the hearing of said matter, or the trial of
the issues thus joined, may be adjourned upon the application of either party, for a period not
exceeding ninety days cr longer by consent. If upon the hearing of said matter and trial of
said issues, it shall appear that an offense has been committed against any of the provisions of
the aforesaid section of this act, judgment therein shall be rendered for the penalty prescribed
therein, and for the costs of said attachment at similar rates as upon attachments in justices’
courts, and if the person or persons owning or claiming the said property so attached, or some
one on their behalf, shall not pay the same within ten days after the rendering of said judgment,
the property seized shall be sold in the same manner, and upon like notice as personal property
under an execution in said courts under an execution to be issued therefor.

§ 11. Upon return being made of the said sale, after satisfying the amount of the judgment
and costs, and the costs of said sale, the balance, if any, shall be paid to the owner or owners
of the articles seized, or shall be deposited with the treasurer of the county of Richmond to his

or their credit.

FISHERIES, GAME AND FOREST LAW. 355

12. Upon the return of said warrant, either party may demand, upon paying the fees there-

a

for, a tal by jury, which jury shall be summoned and empaneled in the same manner as juries
in courts of justices of the peace; and the attendance of witnesses for either party, and the
giving of testimony as a witness in behalf of either the complainant or claimant of the property
seized, may be compelled in the same manner as in courts of justices of the peace, and the trial
of the issues shall be conducted in the same manner as in courts of justices of the peace, and
the officer issuing such warrant and executing the same shall be entitled to the same fees as are
now prescribed for the lke service in proceedings by attachments in courts of justices of the
peace.

§ 13. The proceedings by attachment provided for in the five last preceding sections of this
act, shall bea bar to any action or prosecution for the penalties prescribed and imposed in the
third, fourth and sixth sections of this act.

§ 15. The act entitled ‘An act for the better protection of oysters in Richmond county,”
passed May fourth, eighteen hundred and sixty-four, and all acts and parts of acts inconsistent
with the provisions of this act or any part thereof, are hereby repealed.

§ 16. This act shall take effect immediately.

(See Laws 1880, chap. 453; secs. 1, 2, 3, 4, 6, 7 and 14 repealed Laws 1886, chap. 593.)

CHAPTER 639 OF THE LAWS OF 1871.

AN ACT to regulate and protect the planting of oysters in the public waters of the towns of

Jamaica and Hempstead, in the county of Queens.

PASSED April 20, 1871.

Section 1. It shall be lawful for any person, being an inhabitant of the towns of Jamaica
and Hempstead, in the county of Queens, and having been such for a period of one year, to
plant oysters, as provided in section second of this act, in any of the public waters within the
said towns, and upon complying with the provisions of this act, he shall be entitled to have
exclusive property and ownership in all oysters upon the beds where the same were planted, and
the exclusive right to use the said beds for the purpose aforesaid; and no person other than such
inhabitant of the towns of Jamaica and Hempstead shall have the right or privilege of using
any portion of the lands under the said public waters for the purpose of planting oysters
thereon.

§ 2. Any person, being such inhabitant of the towns of Jamaica and Hempstead, may use a
portion of the land under the aforesaid public waters, not to exceed three acres, on which there
is no planted bed of oysters, for the purpose of planting oysters thereon; but to entitle such
person to the privileges and benefits of this act the portion so settled by him shall be clearly
marked and defined, by means of stakes or otherwise, as a notice to the public that it is selected
and is occupied for the purpose aforesaid; and shall not be so planted or held with less than
fifty bushels to the acre, or at the same rate for less than one acre. If the person entitled to

356 STATE OF NEW YORK.

plant oysters, by having complied with the provisions of this act, shall not actually occupy the
land so staked out by him by planting oysters thereon within six months after the granting of
the certificate hereinafter mentioned, he shall forfeit all rights and privileges to the use of the same.

§ 3. Before any person shall occupy any lands under the public waters aforesaid, for the pur-
pose of planting oysters under the provisions of this act, he shall prove to the satisfaction of
the board of auditors of town accounts of said town, or a majority of them, that the land
selected is not a legally planted bed of oysters, or, if planted, is not so planted by any person
other than the applicant, and shall also prove to the satisfaction of said board of auditors that
he is, and has been for one year preceding an inhabitant of the town. All the aforesaid
proof shall be taken in writing and signed and sworn to. Such board of auditors, or a
majority of them, shall thereupon give such person a certificate, under their hands, certifying
that they are satisfied from such proof that the applicant is, and has been for one year preced-
ing, an inhabitant of the town, and that the land selected does not contain a legally planted bed
of oysters, or is not so planted by any person other than such applicant. Such certificate and
deposition aforesaid shall thereupon be filed in the town clerk’s office, and the certificate shall
be evidence of the facts therein contained. (As amended by chapter 183 of the Laws of 1887.)

§ 4. Any person being an inhabitant of the town as aforesaid, may, upon complying with the
provisions of this act, and obtaining such certificate yearly, plant oysters upon the beds so
designated and marked, and shall pay for the use of said land to the supervisor of the town
the annual rent of five dollars for each acre so occupied or staked off, and a fee of one dollar
to said board for each such certificate granted. The sum so received per acre in each year
shall be appropriated toward the payment of the current annual expenses of said town, and
it shall not be lawful for any person other than the one who planted the oysters, and his legal
representatives, to take said oysters or disturb said beds, either by oystering or clamming
thereon, or in any other way, under the penalty hereinafter provided. (As amended by chapter
183 of Laws of 1887.)

§ 6. Any person prosecuted for a penalty under the provisions of this act, may be arrested
and held to bail in the samme manner as upon warrants issued by justices of the peace, and
whenever a recovery shall be had for any violation of the provisions of this act, execution shall
be issued thereon immediately in the same manner and with the like effect, as is provided in
section one hundred and forty-three, article nine, title four, chapter two, third part of the
Revised Statutes, third edition; and all the provisions of said section shall apply to executions
issued pursuant to the provisions of this act.

§ 7. If any person, after having planted oysters in pursuance to the provisions of this act,
shall have abandoned or ceased to use the land whereon the same are planted for the period
of six months, he shall forfeit all right and privilege to the use of the same under this act,
and any such person who shall remove from the town and cease to be an inhabitant thereof
shall forfeit all rights and privileges acquired by him under this act after six months from
such removal, which period shall be allowed him for the purpose of removing the oysters

planted by him and remaining in the said beds at the time of his removal. (As amended by

chapter 183 of Laws of 1887.)

FISHERIES, GAME AND FOREST LAW. 357

§ 8. All persons now having oysters planted in the said public waters under the provisions
of any former act, shall have until the first day of January, one thousand eight hundred and
seventy-two, to remove the same, after which time all such persons shall cease to have exclu-
sive right or control of the lands whereon the same are planted unless such person or persons
again acquire the right to use said lands under the provisions of this act.

§ g. It shall not be lawful for any person to dredge for oysters in any of the said waters;
any person found dredging shall be guilty of a misdemeanor, and upon conviction shall be
punished by a fine of not over one hundred dollars, or imprisonment in the county jail for not
more than sixty days, or both such fine and imprisonment; and it shall be lawful for either of
said boards, in its discretion, to employ or pay a suitable person to prosecute any person or
persons violating any of the provisions of this act or any law relating to the planting of oysters
in the public waters of the towns of Jamaica and Hempstead, in the county of Queens. (As
amended by chapter 183 of Laws of 1887.)

§ 10. This act shall take effect immediately.

(See Laws 1859, chap. 468; amended by Laws 1872, chap. 667. See Laws 1879, chap.

384; sec. 5 repealed Laws 1866, chap. 593.)

CHAPTER 667 OF THE LAWS OF 1872.

AN ACT supplemental to an act entitled “An act to regulate and protect the planting of
oysters in the public waters of the towns of Jamaica and Hempstead in the county of
Queens,” passed April twentieth, eighteen hundred and seventy-one.

PASSED May 13, 1872.

Section 1. It shall be lawful for any person, being an inhabitant of the towns of Jamaica
and Hempstead, in the county of Queens, and having been an inhabitant thereof at least one
year, to plant oysters in any part of the public waters of said towns, or either of them; subject
however to the provisions of the second section of the act to which this is a supplement.

§ 2. Whenever any inhabitant of either of said towns shall have proved to the board of
auditors of such town where the land applied for is situated, that he is entitled to receive the
same, by having complied with the provisions of the second section of the act to which this is
a supplement, it shall be the duty of said town board of auditors, or a majority of them, and
they are hereby required to give to such persons a certificate, as provided for in the third section
of the act to which this is a supplement, whether such persons reside in the same town where the
land applied for is situated or not; providing that where any person residing in one of said towns
applies for land lying in the other, such application must be made to the board of auditors of
the town where such land is situated.

§ 3. All acts or parts of acts inconsistent with this act shall be and the same are hereby
repealed.

§ 4. This act shall take effect immediately.

(See Laws 1871, chapter 639.)

STATE OF NEW YORK.

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CHAPTER 734 OF THE LAWS OF 1868.

AN ACT for the protection of the planting of oysters in the towns of Gravesend and Flat-

lands, Kings county.
PASSED May 8, 1868.

Section 1. It shall be lawful for any inhabitant of the towns of Gravesend and Flatlands, in
Kings county, who shall have been such inhabitants for six months immediately preceding, upon
complying with the terms of this act, to plant oysters under the public waters within their respec-
tive towns, and to have the exclusive property in the oysters so planted, and the exclusive use of
such oyster beds.

§ 2. The extent of the land under water so to be used by any one person shall not exceed
three acres, and shall be distinctly marked out by stakes or otherwise; but such privilege shall
not be exercised without the written permit of the justice of the peace and the supervisor of
such respective towns, setting forth the locality of such premises sufficiently to distinguish the
same, the terms of such privilege, and the person to whom the same is given. Before granting
such permit, evidence satisfactory to the officer granting the same shall be furnished that such
premises are not a natural bed of oysters, and that they are not already occupied or used. A
copy of such permit, with the accompanying evidence, shall be deposited in the office of the
town clerk of the town where such premises are situated; and such copy of the permit may be
used as evidence of the facts therein stated. (Laws 1886, chap. 593.)

§ 3. Such privilege shall be forfeited by the person receiving such permit, if the same be not
actually used for such purposes within six months from the granting of the same, or if the same
be abandoned for a period of six months, or if such person shall cease to be an inhabitant of
said town, or shall die; but in any such case of the forfeiture of such privilege, the owner of
such oysters, or his legal representatives, shall have six months thereafter to remove the oysters
already planted in such beds.

(See Laws 1859, chap. 62; sec. 2 partly repealed Laws 1888, chap. 573; Sup. Ct., 1883,
People v. Thompson, 30 Hun, 457.)

CHAPTER 279 OF THE LAWS OF 1888.

AN ACT to cede lands under water of Huntington bay, town of Huntington, Suffolk county,
Long Island, to the trustees of the town of Huntington, and their successors in office, for

the cultivation of shellfish.

Land under water ceded to Huntington ; proviso.

Section r. All the right, title and interest which the people of the State of New York have, if
any, in and to the lands outside of and beyond low water mark under the waters of Huntington bay,
in the town of Huntington, Suffolk county, southerly of a line drawn from a granite monument
now set near high-water mark in the northerly point of Eaton’s Neck, and west of the United
States Life Saving Station, to a locust monument now set on Loyd’s Neck, which line runs on a
course south fifty-nine degrees, twenty minutes and twenty-five seconds west, and which is the

line claimed by the trustees of the town of Huntington as the northerly line of their grants under

FISHERIES, GAME AND FOREST LAW. 359

colonial patents, is hereby ceded to the present trustees of the town of Huntington, Suffolk
county, and their successors in office for the purpose of oyster cultivation. Provided nothing in
this act shall be held to interfere with the nghts and powers of the commissioners of the !and
office to grant all the right, title and interest of the state to lands under water in said bay, to the
owners of adjacent uplands for purpose of commerce or beneficial enjoyment, and nothing herein
contained shall be construed as interfering with nghts of riparian owners. Subject, however,
and without prejudice to the legal rights, if any, of such persons as now have oysters planted on

the lands aforesaid.

CHAPTER 167 OF THE LAWS OF 185).

AN ACT authorizing the inhabitants of the town of Islip, in the county of Suffolk, to regulate
the planting and taking of oysters and the time and manner of using the fisheries in the Great

South bay, within the limits of the said town.

Section 1. It shall be lawful for the inhabitants of the town of Islip in the county of Suffolk,
at their annual town meetings to make such prudential rules and regulations for the planting and
taking of oysters and the time and manner of using the fisheries, in the Great South bay within
the limits of said town, as may from time to time be deemed expedient to encourage the increase
and prevent the destruction of the fisheries of the said town.

§ 2. No person other than a resident of Islip shall take any oysters, clams or other shellfish
from any part of the Great South bay, in said town, for the purpose of selling the same or for the
purpose of conyeying the same to any place out of said town to have them replanted, under a
penalty of fifty dollars for each offense; but nothing in this section shall be construed so as to
affect or invalidate any agreement now in force or which may hereafter be made between the
towns of Huntington and Islip, for the enjoyment of equal privileges of fishing by the inhabit-
ants of said towns.

§ 3. The penalty imposed by section two of this act, may be sued for and recovered before
any justice of the peace of said town or in any court having cognizance of the same, in the
name of the overseers of the poor of said town, for the use of the poor.

§ 4. This act shall take effect immediately.

(See ch. 549 of Laws of 1874.)

CHAPTER 308 OF THE LAWS OF 1890.

AN ACT for the preservation and protection of the shellfisheries in the waters of the South
bay, in the county of Suffolk, and to repeal chapter two hundred and thirty-four of the
Laws of eighteen hundred and seventy.

BECAME a law without the approval of the Governor, in accordance with the provisions of article four,
section nine of the Constitution, May 8, 1890. PASSED, three-fifths being present.

Section 1. No person shall catch or take any oysters, spawn or seed oysters, clams or
shells in any of the waters of the South bay in said county except between sunrise and sunset

on any day.

360 STATE OF NEW YORK.

§ 2. No person shall catch or take any oysters, spawn or seed oysters or shells in the
waters of the South bay in said county after the first day of June and before the first day
of September in any year.

§ 3. No person shall take or carry away any oyster shells caught or taken from the public
grounds within the waters of said bay in said county, but the same shall be returned to the
water upon the bed or in the locality where they were caught or taken and within ten minutes
thereafter.

§ 4. No person shall catch or take any oysters, spawn or seed oysters or shells in the waters
of the said bay in said county with blade or scraper tongs.

§ 5. No person shall have in his possession or use, blade or scraper tongs in the waters
of the said bay, in said county for the purpose of catching or taking oysters, spawn or seed
oysters or shells from the bottom thereof. When any person or persons shall be found on the
waters of said bay in said county, with blade or scraper tongs in his or their possession,
such possession shall be prima facie evidence of an intent to use the same in violation of the
provisions of this act. ;

§ 6. Every person who shall violate any of the provisions of this act shall be deemed guilty
of a misdemeanor and on conviction shall be punished by a fine of not less than fifty dollars
and not exceeding two hundred and fifty dollars, or by imprisonment in the county jail not
exceeding six months, or by both such fine and imprisonment.

§ 7. Every person who shall violate any of the provisions of this act shall in addition to the
punishment prescribed by the last preceding section, forfeit the sum of fifty dollars for each
offense.

§ 8. Any person may in his own name bring an action for the recovery of the penalty
prescribed in the last preceding section and upon a recovery thereof may retain the same for
his own use.

§ 9. Courts of special sessions in and for said county of Suffolk shall have exclusive juris-
diction to hear, try and determine all charges of misdemeanors for violations of this act and
upon conyiction thereof to punish the offender or offenders as provided in section six of this act.

§ 10. Chapter two hundred and thirty-four of the Laws of eighteen hundred and seventy
is hereby repealed.

§ 11. This act shall take effect immediately.

BAY CONSTABLES.

Chapter 89 of Laws of 1875, provides for the election of bay constables in the towns of
Islip, Babylon and Huntington, in the county of Suffolk, and prescribes their powers, duties, etc.
Chapter 402 of the Laws of 1875, provides for the election of bay constables in the town

of East Hampton, in the county of Suffolk, and defines their duties.

FISHERIES, GAME AND FOREST LAW. 361

Adirondack Hatchery.

CHAPTER 320 OF THE LAWS OF 1884.

AN ACT to establish a fish hatchery in the Adirondack forest.

Section 1. The commissioners of fisheries are hereby authorized and directed, as soon as
possible after the passage of this act, to erect a fish hatching establishment at some convenient
point in the Adirondack forest, to be selected by said commissioners, for the purpose of restocking
the lakes and streams of said forest with trout and other fish natural to that locality, and stocking
such other streams as the commissioners may deem necessary.

§ 2. The treasurer shall pay to the commissioners of fisheries, upon the warrant of the
comptroller, the sum of five thousand dollars, or so much thereof as may be necessary, which
sum is hereby appropriated for the purposes of this act.

(See Laws 1885, ch. 85.)

CHAPTER 85 OF THE LAWS OF 1885.

AN ACT to grant the use of certain state lands for the purposes of the Adirondack fish
hatchery.

Section 1. The lands belonging to this state, known as lots number four, five and six, in

township twenty of great lot number one, Macomb’s purchase, in the county of Franklin,
on which has been located, pursuant to chapter three hundred and twenty of the Laws of
eighteen hundred and eighty-four, the Adirondack fish hatchery, are hereby appropriated to the
use of such hatchery; but no standing timber shall be cut on such lots except such as shall be
needed for building purposes and for firewood for such hatchery.
§ 2. The lands mentioned in the first section of this act, shall be in the care of the commis-
sioners of fisheries, and no person shall be permitted to fish in the waters of Little Clear pond,
nor in its outlet, nor in any other waters on such lands, nor to enter on the same for the purposes
of fishing without the consent or by the direction of the commissioners of fisheries; but the
said waters shaJl be held by the said commissioners solely as reservoirs for breeding fish,
and nurseries for young fish, and for experimental purposes in the business of fish culture.

§ 3. Whoever shall violate any of the provisions of the second section of this act shall forfeit
a penalty of fifty dollars for each offense, to be sued for and recovered with costs of suit, by the
said commissioners, in any court of competent jurisdiction in the county of Franklin, and
the penalties recovered shall be paid into the state treasury.

362 STATE OF NEW YORK.

Sacandaga Fish Matchery.

CHAPTER 445 OF THE LAWS OF 1888.

AN ACT to set apart certain lands belonging to the state in the county of Hamilton, for the
purposes of the Mill creek fish hatchery.

Section 1. The following described lands belonging to the state of New York and situated in
township number two, Totten and Crossfield’s purchase, in the town of Lake Pleasant, Hamil-
ton county, as laid down in map two hundred and ninety-four (new number) on file in the
office of the comptroller are hereby appropriated and set apart for the purpose of the Mill
creek hatchery, established in pursuance of chapter two hundred and ninety-three of the laws of
eighteen hundred and eighty-seven, viz. : Whole lots numbers thirty-three, forty-four, fifty-three,
fifty-five, fifty-six, seventy-seven, twenty-nine, forty and forty-one; part of lot number thirty-
two, embracing all of such lot except one hundred acres on the southerly side, twenty-six chains
and thirty-two links wide on the west side and twenty-six chains and thirty links on the east
side of said lot number thirty-two. y

§ 2. No standing timber shall be cut on any of the lands described in the preceding section
except such as shall be needed for building purposes, firewood and fencing lumber for such
hatchery.

§ 3. No person shall take at any time and by any means whatever any trout from any of
the waters on such lands, nor enter upon the said lands for the purpose of fishing, nor take
anywhere from Mill creek or any of its tributaries any trout except by permission of the com-
missioners of fisheries, for the uses of said hatchery.

§ 4. Any person offending against any of the provisions of this act shall be lable to a
penalty of fifty dollars for each offense and the costs of suit, to be sued for and recovered in
the name of the commissioners of fisheries, in any court of competent jurisdiction in either the
county of Hamilton or Fulton, and all penalties recovered in such suits shall be paid into the

treasury of the state.

CHAPTER 512 OF THE LAWS OF 1887.

AN ACT to provide for the construction of a fishway in the State dam at Troy.

Section 1. The superintendent of public works of this state is hereby authorized to cause
to be constructed, maintained and operated in the state dam across the Hudson river at Troy,
in such a manner as not to injure the said dam, a fishway of proper width and depth to allow
all fish endeavoring to migrate to the waters of the said river above the dam to pass over the
same; such fishway to be placed at an angle of not more than thirty degrees, and extend
entirely to the running water below the dam. The said fishway shall be constructed under the
supervision of the fish commissioners of this state, and be located at such a place in said dam,

and built in such manner and of such materials as said commissioners may direct. It shall be

FISHERIES, GAME AND FOREST LAW. 363

the duty of the superintendent of public works to close the said fishway whenever the water in
said river shall have reached such a level as to in any wise interfere with the use of the
surplus waters on either side of said river by the lessees thereof, or to impede canal navigation.

§ 2. The sum of eighteen hundred dollars, or so much thereof as may be necessary, is
hereby appropriated out of any moneys in the treasury not otherwise appropriated, to build said
msnway, payable by the treasurer on the warrant of the comptroller to the order of said
superintendent.
§ 3. Nothing in this act contained shall be so construed as in any way to interfere with or
abridge the nghts to the surplus waters created by the erection of the state dam aforesaid
demised by the people of the state of New York, in and by a certain grant or lease of said
surplus waters, made by the people of the state of New York, to the Lansingburgh Dry Dock
and Hydraulic Company, the second day of January in the year one thousand eight hundred
and thirty-two, and in and by a certain grant or lease of said surplus waters made by the people
of the state of New York to George Tibbits, the twenty-sixth day of November, in the year
one thousand eight hundred and thirty-five, or to interfere with or abridge the use of said
surplus waters, or the mnghts, liberties and privileges granted and demised by said grants
or leases. 4

§ 4. Chapter five hundred and fifty-five of the Laws of eighteen hundred and seventy,
entitled “An act to provide for the construction of fishways in the state dams at Troy and
Fort Miller,” and so much of chapter eight hundred and fifty of the laws of eighteen hundred
and seventy-two, entitled “ An act to provide for the construction of fishways in the state dams
at Troy and Fort Miller,” as relates to an appropriation for said dams, are hereby repealed.

§ 5. This act shall take effect immediately.

CHAP PER e2t2za Obese le ANS OFTso2:

AN ACT to facilitate the ingress of salmon into Cayuga lake, and for the protection of
the same.
PASSED April 12, 1862.

Section 1. The owner or owners of each and every dam, whether such owner be an indi-
vidual, several individuals or the state, made across the Oswego river, or other rivers leading
from the Cayuga lake into Lake Ontario, so as to prevent the usual course of the salmon from
going up the said rivers into Cayuga lake, shall, on or before the first day of October next, so
alter such dam, by making a slope apron in the dam in the said river, at least five feet wide,
smoothly planked, descending from the top of the dam on an angie of not more than thirty
degrees and extending to the bottom of the river below, with a side plank of at least one foot
in width attached to each side of said apron, in such a manner as to confine the water to the
channel-way of said apron in its passage over the dam. Each such dam shall be made at least
one foot lower at the place where such apron is joined thereto to create a sufficient draft and
depth of water on said apron for the free passage of salmon up said river and over said dams

to the waters in Cayuga lake.
25

364 STATE OF NEW YORK—FISHERIES, GAME AND FOREST LAW.

§ 2. The owner or owners of every such dam, who shall refuse or neglect to build and keep
in repair an apron, according to the provisions contained in the foregoing section, shall forfeit
the sum of one hundred dollars and costs of suit, for every month he or they may so neglect or
refuse, and any person feeling himself aggrieved may prosecute therefor in his own name, by
action of debt, in any court having cognizance thereof. The one-half of said penalty when so
recovered shall be paid to the person prosecuting therefor, and the other half to the commis-
sioners of highways of the town where such recovery shall be had, to be applied in repairing the
roads and bridges in such town.

§ 3. It shall not be lawful for any person to spear, or in any manner catch or destroy any
salmon or other fish, while passing up said apron or aprons, or within distance cf ten rods
thereof, whereby they may be prevented or disturbed from pursuing their usual course up said
river. Every person offending against the provisions of this section, shall, for every such
offense, forfeit the sum of twenty-five dollars and costs of suit, to be recovered in the same
manner and applied in the same way as provided in the last preceding section.

§ 4. All acts and parts of acts, heretofore passed, in relation to dams or obstructions in the
rivers above recited in the first section of this act, conflicting with this act, or regulating the

fishery in the same, are hereby repealed.

emcdias x:

Actions for trespass on Forest Preserve,
how entitled,
authority to bring, : oF 5 5
where brought,
discontinuance of,
two or more penalties in one,
witness fees and disbursements,
by persons or societies,
by people, expenses of,
judgments on, how collected,
recovery on, how disposed of
Adirondack Park,
Adirondack Fish Hatchery,
Adirondack waters, certain fish not to be placed in,
Agricultural law, sections repealed, etc.,
Amendments and additions to game law, numbering of,
Anglers at Thousand Islands to exhibit catch of fish,
Antelope,
Antwerp or homing pigeons protected, .
Artificial lights, jacking of deer,
Arrest of offenders on Forest Preserve,
Authority of Commission to direct as to fishways,
to collect birds,
to collect birds, certificates of,

to compromise with shellfish lessees,

Babylon and Islip, towns of, oysterlaw, . < 5
Bay constables,
Beaver not to be killed,
Birds from out of State (section 249),
collection of,

collection of, certificate for,
365

288

366 INDEX TO LAWS.

Black Bass, close season for, : o
close season for, Long Island,

close season for, Thousand Islands,

close season for, Schoharie River and Foxes Creek,

definition of, Thousand Islands
size of, Thousand Islands,
limit of catch, Thousand Islands,
not to be taken under size, .
not to be netted from Hudson River,
Board of Commissioners to report annually,
to report as to Forest Preserve,
to report fines and penalties,
Bounty for wolves and panthers,
claim for, certificate,
county treasurer to pay, etc.,

Brookhaven, town of, shellfish law,

Caribou,
Chief fish and game protector and forester,
office of, 4 i 5 6 °
salary of,
monthly report of,
Cattaraugus Creek, fish netting prohibited,
Clams, soft shell, town of Brookhaven,
soft shell, town of Smithtown, :
Clinton county, firewardens,
Contracts, Forest Preserve,
Constables, etc., powers of, 3 6 .
Constables, Bay,
Construction of laws,
Commissioners of fisheries, game and forest, names of,
how appointed,
terms of office of,
salaries and expenses of,
report of,
report of as to fines and penalties,
powers and duties as to Forest Preserve,
may net fish for propagation, . : q
to be notified of construction of dams, :
to recover for construction of fishways,
standing committees of, . °
Compensation of firewardens, 0

Crusting and yarding of deer,

INDEX TO LAWS.

D.

Dams, commission must be notified of construction, A
Deer, close season, : 3 : 5 3 5
close season, Long Island, : : a ;
hounding of, = : : : : 4

jacking of, traps, etc.,

crusting and yarding of, . : 5 6 5
fawns not to be killed, . : 6 5
venison, possession of, c A : : .
venison, transportation of, ¢ . 5 .
park in Catskill region, ¢ : e . 2

Definitions of terms, etc., . : : > 6

Delaware River, netting regulations, . 5 - .

Destroying birds’ nests, : 5 ; ° :

Discontinuance of actions,

Dogs chasing deer illegally, may be killed,

Duties of fisheries, game and forest commission, 2 3
fisheries, game and forest commission, as to Forest Preserve,
firewardens, 4 A 5 5 9
protectors,

railroad companies as to fire, etc., .

Dynamiting prohibited, 5 < C 2 2
prohibited, Thousand Islands,
Dredging and raking for oysters and clams, .
ES
Eel weirs and pots, : c 5 :

Eel pots, description of,
Eels, town of Smithtown, law,

Employes of fisheries, game and forest commission,

Escallop fisheries, Suffolk county, ; A 5
Essex county, firewardens, 5 ° ° :
Expenses of actions, how paid, . 5 5 0

seizure of illegal nets, how paid, : c z
Explosives prohibited, .
prohibited, Thousand Islands, .

Fallow fires,

Fawns not to be killed,

Fisheries, game and forest commissioners, how appointed,
offices of,

Fish culturist,

368 INDEX TO LAWS.

Firewardens, appointment of, 0 6 ° C 5
powers and duties, 9 3 3 5
compensation of, 9 9 3 5 °

supervisors to be, ex-officio,
roster of, ; 0 6 5 0 0
Fish and game protectors and foresters, appointment of,
compensation of,
duties of,
roster of,
reports of,
Fish, application for,
instructions for transporting and planting,
certain kinds not to be put in Adirondacks, .
taking by drawing off water, etc.,
Fish and game on private parks and grounds,
Fisheries, game and forest laws, printing of,
Fisheries, escallop, towns of Huntington, Smithtown and Brookhaven,
Fishing in Hudson River, etc., .
allowed through ice in certain waters, .
prohibited in trout waters, through ice, 9 0 B
prohibited at Thousand Islands, through ice,

Fishways, : a , 0 6 C :
authority of commission to direct, : . Q
dam owners to comply with directions, ° . :

recovery for construction of,
St. Lawrence and Franklin counties, : : 9
in State dam at Troy, . : . 5 -
from Cayuga Lake to Lake Ontario, : 6
sign boards, . . : 0 0 :
fishing near, prohibited, . : 0 5 0
Fish hatchery, Adirondack, , 5 fe 6 0
Sacandaga, 5 i 5 3 0
Fires, rules and laws, 0 0 0 0
Forest Preserve, 5 4 6 : ,
contracts for land,
taxation of, ; ; 4 ‘ é
Flatlands and-Gravesend, towns of, oyster laws, . : :
Franklin county, firewardens,
Fulton county, firewardens, ; é 0 2

Fur bearing animals, Wayne county,

Game and fish on private parks and grounds,

Game from out of State (section 249), . 0 . .

211
316

INDEX TO) LAWS.

Garbage, etc., not to be thrown in Long Island Sound,
Gardiner’s Island, quail and woodcock,

Gardiner’s and Peconic Bay, lands ceded, etc.,
Gravesend and Flatlands, towns of, oyster law, .

Great South Bay, oyster law,

Grouse, close season, . o é © 2

close season, Long Island,

possession of, < c R . 5
transportation of, : s C :
Hamilton county firewardens, : .

Hares, close season,
close season, Long Island,
Harlem river, netting prohibited, etc.,
oyster law, .
Hempstead and Jamaica, towns of, oyster law,
Hempstead, town of, oyster law,
Herkimer county firewardens,
Homing pigeons protected,
Hudson River, fish netting regulations,
Hounding of deer,
Huntington Bay, lands ceded, etc.,
Huntington and Islip, towns of, oyster law,

Huntington, town of, oyster law repealed, .

Information for transporting and planting fish, .

applicants for State fish,

Islip, town of, oyster law,
Islip and Babylon, towns of, oyster law,

Islip and Huntington, towns of, oyster law,

Jack lights in hunting for deer,
Jamaica Bay, special provisions,
shellfish law,
Jamaica and Hempstead, towns of, oyster law,
Jingle and shells, Suffolk county,
Judgments, how collected,
how disposed of,
Jurisdiction of courts,

to compromise with lessees,

335
359
245
352

282
304
549
349
339
314
314
315
325

INDEX TO LAWS.

Go
“MI
{e)

K.

Kings county, towns of Flatlands and Gravesend, : . 2 . c

Kings, Queens and Suffolk counties, special provisions, . 5 ° .

ID

Lake Ontario, fish netting regulations, . A : . :
Enie, fish netting regulations, . c 0 ° . 0 ‘
Champlain, fish netting regulations, : 3 ° . . °

Lands under water, lease of, a 5 0 o o 0 c
partition of forest, . : 0 . : .- . : .

Laws and rules, fire,
publication and distribution of, : : 0 : ° °
repealed, 6 : 5 9 : 5 : 9
repealed and saving clause,
construction of, 3 ; 6 0 C 6 .

Lease of lands for cultivation of shellfish, E 0
for cultivation of shellfish, limitation, . 0 6 5 .
jurisdiction to compromise,

Lewis county firewardens, . : 3 : ;

Licensing of fish nets,
rules and regulations for,

License for fish nets, form of application for,

Lobsters under size,

Long Island Sound, special provisions,
M.

Meadow larks, close season,
Meadow hens and other birds, close season, Long Island,
Meshes of fish nets, general regulation,
Lakes Erie and Ontario,
Minnows for bait,

at Thousand Islands,

Mongolian or ring-necked pheasant, 0 . :

Moose, . ‘ 5 q , ° . °

Muscalonge, close season, . 9 : : . : ° .
close season, Thousand Islands, : 5 3 : . ;

Misdemeanor, punishment for,

N.
Nets, illegal, to be destroyed, . 9 . 6 O 0 0
expense of seizure, how paid, . 0 : . : °
provisions for licensing use of, : 9 5 : Als

size of mesh of, ; : G . 0 : . °

INDEX TO LAWS.

Net license, form of application for,
rules and regulations for,
Netting fish in Hudson River, etc.,
Lakes Erie and Ontario,
inland lakes, Ci A 5 5 0
Niagara River,
Nissequogue River,
Raritan Bay and adjacent waters,
Harlem River, prohibition,
Thousand Islands, prohibition,
Jamaica Bay, prohibition,
Netting regulations, Niagara river, etc.,
Lake Champlain, etc.,
Minnows for bait,
Minnows for bait, Thousand Islands,
for artificial propagation of fish,
prohibition and exceptions,
Netting of certain game birds, forbidden,
Nests of birds,
Niagara River, fish netting regulations,
Nissequogue River, fish netting regulations,
Notice to be posted on private parks, etc., .
Non-residents not to gather shellfish,

Office and clerical force of commission, 5 z
and clerical force, roster of,
of chief protector and forester,
Ordinances and regulations of county supervisors repealed,
Otsego Lake, fish netting regulations,
Oyster protector, State,

Oyster protector,

assistant to, A : ¢ C
salaries and expenses, . .
Oyster beds, protected, : e c

Oysters, sale of in shell, C c 2

Oyster law, Hudson River, é 5
towns of Islip and Babylon, Great South Bay, .
towns of Islip and Huntington,
town of Huntington, repeal as to,

town of Islip,

towns of Hempstead and Jamaica, . f 9

town of Hempstead, 5 A o o
towns of Flatlands and Gravesend, ¢ .

372 INDEX TO LAWS.

Oyster law, Jamaica Bay, ¢
Queens county,
Richmond county, .

Oysters and clams, taking about Staten Island regulated, . .
dredging and raking for, c : :

Oysters, seed, town of Smithtown, law,

Partition of forest lands,

Payment of lands purchased, . ° F 9 0

Panthers, bounty for,
Penalty for failure to construct fishway, . . c
for trespass on State lands, disposition of, .
Peconic and Gardiner’s Bays, shellfish law,
Pickerel and pike, close season,
close season, Thousand Islands,
Pike-perch, not to be netted from Hudson River,
Plover and other birds, close season,
close season, Long Island, : -
Polluting streams, dye stuffs, etc., .
waters, oyster culture, etc.,
Pots, eel,
eel, rules for (No. 16),
Power of supervisors to raise $1,000, to enforce fish and game laws,
Private parks and grounds,
trespassing on,
laying out, publication of notice,
notices to be posted, . : :
Powers and duties of firewardens,
Protector, oyster, State,
salary, etc.,
assistant to,
for Thousand Islands, 5 é c 3 ’
right of search, etc., . . : : a
Protectors and foresters, duties of, .
specials,
to destroy illegal nets, etc.,
to have one-half of recoveries, etc., 5 i 0 3
Proceeds of land sold, . 0 3 : : :

Punishment for misdemeanor, F 6 : C ‘A

Quail, close season, : ° : 5 . 5
possession of, . © 5 . . 5

transportation of, . < 0

INDEX TO LAWS.

Quarter deck shells and jingle, Suffolk county,
Queens, Kings and Suffolk counties, special provisions,
Queens county, supervisors have special powers,

oyster law, .

oyster law, town of Hempstead,

shellfish law, Little Neck Bay,

R.

Rabbits, close season, F a 3 -

close season, Long Island, : : -
Railroad companies, duties of as to fires, . : :
Raritan Bay, etc., netting regulations, é ¢
Recoveries, how disposed of, -
Repeal of laws of supervisors,

of old laws and saving clause, . = , é

of laws, : “ ; 3
Report, annual,
annual, of commission as to Forest Preserve,
annual, of commission as to fines and penalties,
of chief protector, monthly, : : c
of protectors and foresters, - : : :

Revenue from leases, Forest Preserve, .

Richmond county oyster law, 2 5 °

Robbing birds’ nests,
Long Island, . . ; : z .

Robbins Island, quail and woodcock,

Rondout creek, fishing regulations, : z .

Roster of employes of fish, game and forest commission,

Rules and Jaws for fires, : : . é :
and regulations for fish net licenses, . -

Raking and dredging for oysters, . - c °

Sa

Salmon, close season, . . 5 if é
limit as to size, 5 : 5 0
not to be netted from Hudson River, %

Salmon trout, close season, A 5 s .
transportation of, . : c c 2

St. Lawrence River, netting of fish prohibited, G ¢
special provisions for, - 3 ‘ :
State reservationon . ; - - °

St. Lawrence county, special fishing regulations, °
firewardens in, 2 3 5 Ha :

Saratoga county firewardens, . c 5 °

373
bage
330
301
304
351
348
349

374 INDEX TO LAWS.

Salt water striped bass, size of,
Seneca Lake, fishing regulations,
Seed oysters, town of Smithtown, Suffolk county,
Shellfish, leases for cultivation of,
hot to be gathered by non-residents,
authority of commission to compromise rents, etc.,
law, Gardiner’s and Peconic bays,
law, South Bay, ‘ :
law, Great South Bay, Islip and Babylon,
law, town of Hempstead,
law, towns of Hempstead and Jamaica,
law, Jamaica Bay,
law, Huntington Bay,
law, Queens county, : -
Shells, quarter deck and jingle, Suffolk county,
Shad, taking of in Nissequogue River,
taking of in Hudson River and other waters,
taking of in Raritan Bay and other waters,
Sheriffs, constables, etc., powers of,
Signs on private grounds and parks,
near fishways,
Snaring certain game birds forbidden,
Soft shell clams, town of Brookhaven,
town of Smithtown,
South Bay, taking oysters regulated,
Special protectors and foresters,
provisions for Kings, Queens and Suffolk counties,
provisions for Thousand Islands,
Squirrels, close season,
State reservation on the St. Lawrence river,
fish, information for applicants for,
oyster protector,
assistant to,
fish culturist,
Staten Island, taking oysters and clams regulated, .
Standing committees of fish, game and forest commission,
Suffolk county laws,
South Bay shellfisheries,
town of Brookhaven,
town of Smithtown,
towns of Smithtown, Huntington and Brookhaven,
Gardiner’s and Peconic bays,

Sullivan county firewardens,

INDEX TO LAWS. 375

Supervisors to be firewardens, ex. officio, 5 ¢ : : : C : oo
may raise $1,000 by tax to enforce fish and game laws, ¢ : : : 319
Queens and Suffolk counties, powers conferred, . ° : : c gO

Streams stocked by State to remain open, . : : : : Q 9 Bin

Al:

Taking fish by drawing off water, etc., . : : : : : : - 290

Taxation of State forest lands, - - : : ¢ A 4 c 6 332

Terms of office of commissioners, 0 : : 6 : ¢ é ZO

Ten Mile river, netting regulations, : : c : é : . 295

Thumping, etc., : . : - ¢ : c 9 5 Stele)

Thousand Islands, special provisions, c : 5 : i g 320
protector for, : : : . : ¢ C c 3 5 sake)

Trapping certain game birds forbidden, . < : c ¢ : ¢ 288

Transportation of deer or venison, 5 : 6 < a gS 6 5 3B
of wild birds and game from out of State, : 3 F : : 7 316
of fish fry, . : ; 3 , { : 4 F 5 ‘ 336
of grouse, 3 : ; : c c : 3 : 287
of quail, . : . : : : 3 c 6 0 5 Sy
of trout, 3 - - 3 = 3 . r 6 : 291
of woodcock, grouse and quail, : : ; . . 0 » a7

Trespassing on Forest Preserve, . 3 : * ° C c 0 274
on private parks and grounds, c : : : ¢ 6 0 5 GLO

Trout, close season, : : Say . : : c : : 291
close season, Long Island, . : : - . C : : oc Aoi
salmon, close season, . ° F 5 c 0 2 291
salmon, close season, Long Island, c c 6 5 . 5 EZ OL
not to be taken less than six inches long, : : . : : . 291
disturbing of, while spawning, “ - “ é 0 } 0 a) Boyt
transportation of, é A ; c c 3 ° : ¢ 291

W.

Wallkill and Wappinger’s creeks, netting regulations, . : 2 : : . 296

Warren county, special fishing regulations, ¢ : c Y c 297
firewardens, 2 C 2 5 5 F : ¢ : 343

Washington county firewardens, . : - c C ¢ 6 343

Warrants, when issued, etc., : 5 3 5 , i Z ‘ 0 Slo)

Waters stocked by State to remain open, . c 3 : ; é 0 311

Wayne county, protection of fur-bearing animals, . 2 é : 5 6 | BAO)

Weirs, eel, . “ : : : : < 2 é i 298

Wild birds protected, . ; “ C , o é : 6. O87

, *
; 376 : INDEX TO LAWS.
Wild fowl, close season. : oe 3 é : F Be
close season, Long Island, . 6 é 0 5 % e
manner of killing, 3 : 3 3 6 “ 6 a
floating devices on Long Island, . . : 0 M6 0 °
Witnesses, . 0 9 ; g 4 5 3 5 Be
feesand disbursements, . : sae y eo tse aN : ‘i i
Woodcock and grouse, close season, ee is 5 6 0 0
close season, Long Island, 6 j 2 : 5 DB °
possession of, 0 : 5 S : c 9
"5 transportation of, 5 0 : . hele ° aa 9
Wolves, bounty for, 3 6 é : 9 6 6

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