s 799 F2br 1911-1912 /^/2. ^ :uisMi^ LIBRARY OF THE University of Montana ■1 i BIENNIAL REPORT OF THE STATE Game and Fish Warden and Montana State Fish Commission OF THE STATE OF MONTANA I9IJ-I9J2 48197 HENRY AVARE, Warden. 'INDEPENDENT rUSLISNINO COMPANY, HELCNA, HONTA»" s STATE OF MONTANA DEPARTMENT OF GAME AND FISH Henry Avare State Game and Fish Warden Helena S. F. Ralston Deputy State Game and Fish Warden District No. 1, Kalispell H. D. Vance Deputy State Game and Fish Warden District No. 2, Ovando Jas. R. Froman Deputy State Game and Fish Warden District No. 3, Hamilton J. E. Clifford Deputy State Game and Fish Warden Districa No. 4, Anaconda Sherman Cushman Deputy State Game and Fish W(arden District No. 5, Great Falls Henry L. Sherlock Deputy State Game and Fish Wiarden District No. 6, Townsend Henry Ferguson Deputy State Game and Fish Warden District No. 7, Bozeman Thos. A. Berkin Deputy State Game and Fish Warden District No. 8, Lewistown P. W. Nelson .' Deputy State Game and Fish Warden District No. 9, Livingston T. J. Thompson Deputy State .Game and Fish Warden District No. 10. Forsyth Harry Cosner Deputy State Game and Fish Warden Di.^trict No. 11, Malta A. R. Boyer Deputy State Game and Fish Warden District No. 12, Billings W. W. McCormick Deputy State Game and Fish Warden District No. 13, Missoula D. H. Morgan Chief Deputy State Game and Fish Warden District No. 14, Helena Wlm. ,1. Dorrington Deputy State Game and Fish Warden District No. 15, Choteau Henry Tiggerman Deputy State Game and Fish \\Tarden « Pryor Mountain Game Preserve, Warren Charles Marrs Deputy State Game and Fish Warden Snow Creek Game Preserve, .Jordan STATE FISH COMMISSION. E. P. Mathewson, Chairman Anaconda Geo. E. Doll Kalispell M. D. Baldwin Kalispell W. M. Bickford Missoula Henry Avare, State Game and Fish Warden, ex-officio member. . .Helena H. D. Dean, Superintendent State Fish Hatcheries. .Anaconda and Somers DEPARTMENT OF GAME AND FISH. Helena, Montana, December i, 1912. To His Excellency, Edwin L. Norris, Governor of the State of Montana, Helena. Dear Sir^ I have the honor to submit herewith my biennial report for the years of 1911-1912. Respectfully, HENRY AVARE, State Game and Fish Warden. Biennial Report* Since the last biennial report of this department, the game conditions of Montana have remained in a fairly satisfactory state, but the time has new arrived when it is necessary for a radical change in many of our laws, otherwise, there will be a notable decrease of our game animals from this time on. This opinion is based upon close observation and reports of conditions from all sections of the state. The reasons for this belief, and the necessary proposed amiendments, will be set forth in the following pages. GAME KILLED DURING OPEN SEASON OF 1911 AND 1912. During the open season of 191 1, an unusually heavy fall of snow, followed b)^ extremely cold weather early in N^ovember, caused many game animals to seek the lower valleys. This condition resulted in more than double the normal amount of deer being killed bv hunters during: the latter weeks of No- vember. From reliable reports received by this department, there were approximately 15,000 deer killed in ]\Iontana during the season of 191 1. The greatest numbers of elk killed during the same season were in the vicinity of Gardiner, near the Yellowstone Park line. At this point more than 500 of these animals fell under the hunters' bullets. In all other sections of the state the number killed aggregated about 1,100, making a total of 1,600 animals. Of goats and sheen about the usual quota were killed — less than 125 of each. During the hunting season of 1912, just closed, there are as yet no official figures upon which to base an estimate of the game killed, but it may be safely slated that there was not 25 per cent the number killed in 191 1. This is due largely to the mild weather and lack of storms during the month of No- vember. STATE GAME AND FISH WARDEN. 5 GAME PRESERVES. The State Legislature of 191 1 established three state game preserves : one in Dawson County known as the Snow Creek Game Preserve ; one in Carbon County, the Pryor Mountain Game Preserve; and the third comprising parts of Park, Galla- tin and Madison Counties, adjacent to the northern line of the Ylelowstone National Park, called the Yellowstone or Gallatin Game Preserve. These preserves have been of benefit to the game of the state, but the lines of the Snow Creek Preserve were defined before that section of the state had been surveyed and through an error only comprise about one half of the area intended by the original promoters of the plan. A bill to enlarge the boun- daries of this preserve should meet favorable action in the com- ing Legislature. Citizens in different sections of Montana have expressed their desire to have more of these game preserves established. I believe that the establishment of game preserves is feasible and beneficial only in those sections of the state where game abounds in considerable quantities, and where the establish- ment of such preserves is in accordance with the sentiments of the residents of the district proposed to be set apart as a preserve. In short, it is not best to establish a preserve where the predominant sentiment of the community is against game preserves. Xo benefit will result to the game interests by forcing such established game refuges. SHIPMENTS OF ELK. During the early spring of the present year, some two hun- dred elk were captured near Gardiner and shipped to various parts of the state. The entire expense of capturing and ship- ping these animals was borne by the citizens of the respective communities to which the elk were shipped. In all there were five carloads, averaging 40 animals to the car. The first shipment was made to Hamilton. In this instance the elk were loaded in an ordinary stock car, without separat- ing the animals of different sizes and ages into compartments. Upon arrival at Hamilton, it was deemed inadvisable to unload at the stock yards, on account of the distance of the sitock yards from the lane leading to the park where the animals were to be fed until liberated on the range. Several loads of BIENNIAL REPORT OF Straw were piled on the ground alongside the car door at the head ^f the lane leading to the park. Several animals were in- jured in unloading and some of the weaker ones were trampled and killed in the car. After this disastrous experience the cars Beauty Falls. Lincoln Coimly. were divided into coiiii)arlnK"nts and. the larger, stronger ani- mals loaded separately from liie yearling calves. Under this ])lan the loss in shipment and unloading was much reduced, and shipments thereafter were successful. STATE GAME AND FISH WARDEN. 7 Two cars were unloaded at Hamilton, one at Stevensville, one at Deer Lodge and one at Woodline, Sanders County, near Thompson River. A portion of the report received from Mr. P. W. Nelson, deputy in charge of the district from which these animals were shipped, follows : "The first car load of live elk ever shipped by rail in the history of the world, was made on the 8th day of March, 1912, by this department. The number shipped at that time was 42 head, consigned to Hamilton, in the Bitter Root Valley, this state. Said car reached its destination after being on the road twenty-three hours. Out of the number shipped the loss was six head of calves. From experience gained by this shipment, I learned that it was not advisable to make a mixed shipment of cows and calves in the same car, without separating them. "Tn ni}^ next shipment I divided the car into three parts, putting twelve cows and bulls in each end of the car, and six- teen yearlings in the center of the car, making forty head loaded in this shipment, which said second shipment was made on the 15th day of March. 1912, consigned to Stevensville, this state, of which the loss was four head, after being on the road twenty-four hours. "The third shipment of forty head, which was consigned to Woodline. a station on the Northern Pacific Railway in the extreme western part of the state, this shipment being on the road thirty hours, and the loss was four head, which died in transit. This shipment was made on the 20th day of March, 1912. "The fourth shipment, of one car of elk, was made on the 22nd day of 3»Iarch. 1912. and was consigned to Deer Lodge, and contained twenty-four head of cows and bulls and sixteen yearlings, which shipment was on the road eighteen hours, and reached its destination with a loss of only one. I now came to the conclusion that I had the miatter of shipping live elk thor- oughly in hand. "The fifth shipment, on March 25th, 1912, contained twenty- four head of cows and bulls and "sixteen yearlings. This car was consigned to Hamilton, being on the road tAVenty-four hours. The car was divided as heretofore stated in three parts. This shipment reached its destination without any loss whatso- 8 BIENNIAL REPORT OF ever, but I learned since the shipment was made that out of this car load one elk died the next day, the cause of death being too much water. "The cost of the several shipments was borne by the Rod and Gun clubs of the various places receiving the shipments. The cost of shipment per head was $5.00. The Rod and Gun Clubs have takei it upon themselves to look after the welfare for a few days — possibly a month — at their own expense, be- fore turning the elk out upon the range selected for them. "The total shipment was five cars, of two hundred elk, out of which the loss was eight per cent, which I think is very small indeed, when the question of the shipment of wild elk is taken into consideration, the animal being so timorous in its nature and the shipments being the first ever attempted. "The State Game and Fish Department have received numer- ous applications for other shipments of live elk, but the de- partment, owing to the lateness of the season and taking into consideration the condition of the female elk at this season of the year, did not deem it advisable to make further ship- ments." There are only two portions of the state at present which contain considerable numbers of elk. These are the sections adjacent to the National Park borders and an area around the upper Sun River and South Fork of the Flathead River. Now that the shipment of these splendid game animals has been found to be feasible, I am in favor of having a closed season for five years in all parts of the state, except those in- dicated, and during that time have quantities of elk shipped from near the Park line and unloaded on suitable ranges. This will tend to restock the entire state and at the end of the closed season there will be quantities of elk in all parts of Montana which are adapted to elk grazing and propagation. Would also recommend that limited quantities of these ani- mals be sold by the State of Montana to game departments of other states at a nominal price, thus tending to relieve the congested condition of the elk in the vicinity of the Park and enable other states which possess suitable ranges to obtain their quota of these niucli prized ganie animals. COURT COSTS IN VIOLATIONS OF GAME LAWS. Some antagonism to this department is entertained by County Attorncvs of the se\eral counties and the reason for this feel- STATE GAME AND FISH WARDEN. 9 ing is partially justified on account of the present law govern- ing costs in prosecutions of game law violations. As the statutes now exist, if a defendant is found guilty o£ a violation of a game law and pays a fine the fish and game fund derives the benefit, as the amount is paid to the State Treasurer for the credit of this fund. If defendant is found guilty and serves a jail sentence, under the present law, the cost of his confinement must be paid by the county in which the crime is committed. If defendant is dicharged after trial, tiie costs again fall on the county. The State Fish and Game Department is in the position of having everything to gain by prosecuting defendants and stands to lose nothing, while the respective counties can derive no direct benefit and may lose a large sunl in costs or payment of board for prisoners. Now to remedy this glaring inconsist- ency of our statute, I would recommend the passage of a lav/ providing that payment of costs for board of prisoners found guilty of violations of game laws be paid out of the fish and game fund, and that the same course be pursued in payment of costs of trials of defendants who have been discharged or found not guilty of such violations as charged. RECOMMENDATIONS AS TO AMENDMENTS OF PRESENT GAME LAWS. I will again respectfully recommend an amendment to our state game law permitting boys under fourteen years to fish without license and also to hunt, when accompanied by parent or guardian. Womien should not be required to procure a license to fish or ihunt in season ; but ail male hunters, irre- spective of- whether hunting for rabbits or other game, should be held rigidly to the required possession of a license. This will do away with the trumped up excuse of the alien laborers, that they are only hunting rabbits, when accosted by a gam.e warden and license demanded. I believe an alien gun license law. similar to the one intro- duced by Nelson Story, Jr., in the last legislative session, will be of benefit to the state, not only along the lines of protecting game from illegal killing, but also as a peace measure. I would also .recommend that the present limit of three deer per season be reduced to two. and that these two be of the horned variety. There is a diversity of opinion among the sportsmen of Montana as to the season for hunting large game. 10 BIENNIAL REPORT OF Sornje claim that the present sixty days open season is proper and others that the season should be from September 15th to November 15th. Both contentions possess merit — the earlier season favors the non-resident hunter and the licensed guides of the state, while the present season gives an opportunity A Tair Hunter "E-xpectalinn." tu the resident hunter to hunt after the usual snow fall, the latter part of November. On account of the heavy penalty for violations of the laws concerning feathered game the trial of these cases may now only be held in District Courts, ^^'ould recommend that the penalty be reduced ti> jicrmit these trials in Justices Courts; that is, make violation of these laws a misdemeanor instead of an indictable misdemeanor as at ]")rcscnt. STATE GAME AND FISH WARDEN. 11 The object of the law of four years ago, covering the open season on game birds, has been fulfilled by protecting grouse during the mionth of September, and on account of the uni- versal clamor of sportsmen I believe that there should nov/ be an open season on grouse, prairie chicken, pheasants, fool hens and sage hens during the month of September, insteaJ of October. A Fair Hunter "Realization" The season on ducks and geese should remain as at present — from September ist to January ist — but on account of the fast diminishing numbers and in conformity with the opinions of the Wardens and Commissioners of other states I would recommend a perpetual closed season on swans. Curlews and snipes are not protected under our laws, but 12 BIENNIAL REPORT OF they are, strictly speaking, highly prized game birds and should be afforded the protection in Montana that is given them in most of the other states of the union. In my biennial report of 1909-1910 I called attention to the practice of exhibiting the carcasses of protected game animals in meat shops and restaurants. This practice should be pro- hibited by law, as it gives the impression that the meat is on sale. SHIPMENTS OF GAME DURING CLOSED SEASON. I have found the agents of all common carriers within the state to be living up to a strict interpretation of the law con- cerning shipments of game, both within and to points outside of the state. For the better protection of game out of season, I respect- fully suggest that a law be enacted prohibiting the agents of all common carriers from receiving for shipment game more than five days after the close of the hunting season. This provision will work no hardship on the hunter who has killcvl his game within season and will prevent the unlawful killing of many game animals out of season. • BETTER PROTECTION FOR ROCKY MOUNTAIN SHEEP. There are but comparatively few Rocky Mountain sheep in existence today, and ^Montana is among the last of the States having an open season on these magnificent specimens of game animals. At present there is a sixty-day open season, permitting each hunter one sheep, without restrictions as to age or sex. I be- lieve it imperative that a law be enacted prohibiting the killing of ewes and lambs — only permitting the killing of grown bucks, otherwise the race will become extinct in Montana. FEDERAL LAW. PROPOSED. TO GOVERN HUNTING OF MIGRATORY GAME BIRDS. The American Game Protective and Propagation Association, of which Mr. John 1'. P)urnham is President, has been instru- mental in having a measure presented to the National Congress [)roviding for the establishment of uniform national game laws to govern the hunting of migratory game birds. This measure is now pending in the I'nitcd States Senate, and has receive.! STATE GAME AND FISH WARDEN. 13 the approval of most of the State Game Wardens and Com- missioners throughout the United States, but there is some opposition among- the sportsmen of the country, alleged to be on account of the possible infringement of the sovereignty of the respective states. At the sixth biennial convention of the National Association of Game and Fish Commissioners, held in Denver last August, a motion was carried to appoint a standing committee of five to prom.ote greater uniformity of the game laws of the several states — J. H. Acklin, Commissioner of Tennessee ; H. C. Davis, Commissiner of Delaware; John B. Burnham, President Ameri- can Game and Protective Association; Jesse E. Mercer, Com- missioner of Gorgia, and James Henry Rice, Jr., Commissioner of South Dakota. This committee drafted a report that is woithy the earnest consideration of every sportsman in the United States and in part is as follows : "The committee, after careful consideration of existing pro- visions in the several States, and after consultation with miem- be's "f the National Association of Audubon Societies and the United States Biological Survey, concluded that it would be impractical, on account of constitutional limitations and di- \-ersity m the form of state laws to attempt to draw up a ganve iaw suitable for adoption in all of the forty-eight States. The c .mmittee does not feel that, with the limited time at its disposal for the preparation of a preliminary report, it can do more than make a few recommendations, regarding certain important principles, and must leave to the officers in each State the fomulation of amendment covering such points as may meet with their approval in such manner as will best conform with the statutes of that State. Commissioners are urged to consider these recommendations in ccrnection with their annual reports, to suggest to the committee other subjects in which greater uniformity is most needed, and to send a capy of such suggestions to the U. S. Biological Survey. Recommendations — General. (a) That in drafting game laws, the plan of permissive law, as originated in Colorado and recently incorporated in the conservation law of New York and other States, be adopted so far as possible. This plan simplifies the law, directs atten- tion to proposed amendments and avoids special legislation 14 BIENNIAL REPORT OF to meet new methods of hunting, or changes in the condition of game. (b) That local legislation be reduced to a minimum, and in order to meet the demand for such legislation broader powers be conferred upon State authorities to provide when necessary, after due notice and public hearing, special protection for ce-- tain kinds of game or for closing the seasons in certain sectionj of the State. (c) That game laws be made as simple and as few in num- Packing a Bi$ Horn. ber as possible ; except in special cases single propositions should not be made the subject of separate bills, but bills for the protection of fish should ordinarily be kept separate from those providing protection for game. (d) That modern, comprehensive, general laws are greatly needed in a few States, notably in Arkansas, Florida, Mary land, .Mississippi, Nevada, X'orth Carolina and Vitginia. STATE GAME AND FTSH WARDEN. X5 Administration. (a) That provision be made for the enforcement of the game laws by State officials or commissioners in Arkansas, Florida. Mississippi, Nevada and \^irginia. (b) That the term of office of commissioners should be not less than four years in the States of Arizona, ConnecticuL, Georgia, Idaho, Maine, Utah, New Mexico, Pennsylvania, Rhode Island, South Dakota, Vermont and Wisconsin. No man, however active, can accomplish effective work within two years, one of which is necessarily spent in becoming familiar with the duties of the office. Frequent changes in the head of the department are not conducive either to efficiency or economy of administration. (c) That the only" satisfactory enforcement of fish and game laws can be secured through the game warden system. Merit and efficiency only should be considered in the appointment of wardens or their retention in service. (d) That the warden service should be divorced as far as possible from politics. In making this recommendation the committee invites attention to the merit system as now ap- plied to the appointment and promotion of regular salaried wardens in the State of Massachusetts, New York, New Jersey and Wisconsin. Seasons. (a) That shooting in the breeding season in summer, or durmg spring "migration, be universally prohibited, especially in the case of ducks, woodcock and other migratory birds. (b) That so far as possible the opening dates of the hunting season in neighboring States be identical. (c) That in order to secure uniformity in the legislation of the Northern States and to insure the permanent preserva- tion of migratory birds on their former breeding grounds, spring shooting in the States north of latitude 37 degrees be absolutely prohibited, notably in the States of New Jersey, Delaware, Pennsylvania, ^^laryland, Virginia, West Virginia, Michigan, Ohio. Kentucky, lillinois, Indiana, South Dakota, Missouri, Nebraska, Iowa, Kansas, Colorado and Wyoming. (d) Prairie Chickens — That the open season for hunting prairie chickens should not in any case exceed thirty days. These birds have now become so generally reduced in numbers and their range so restricted that hunting should be so limited 16 BIENNIAL REPORT OF as to enable them to increase in the States where they stiil remain. (e) Doves — That in the States which now provide no close season for doves — namely, Virginia, Florida, Kansas, Oklahoma and Nevada — adequate protection should be given these birds. That in the States north of latitude 38 degrees doves should be protected throughout the year — namely, in Pennsylvania, Ohio, Illinois, Missouri. Nebraska, Colorado and Oregon — in order that they may have the same protection which they en- joy in other States in this zone. That in the Southern States, where seasons are so varied in point of time, the open season should be restricted to three months or less, the dates to be determined by the respective States. (f) Shore Birds — That the upland plover and the smaller shore birds, including the killdeer and other small plover and sandpipers, be removed from the game list and given protection at all seasons. (g) Woodduck — That on account of the rapid decrease iii numl)ers and danger of extermination in some States, the woodduck should be treated separately from other ducks and water fowl in tlic game law, and whenever possible should be protected tliroughout the year, particularly in the New Eng- land, Middle and T.akc States. Summer shooting should bo prohibited, and tlie bag limit should not exceed fifteen birdo per day. (h) Ducks and Geese — That reasonable seasons should bo provided for ducks and other water • fowl in the States of Arkansas and Texas, which hitherto have provided no close season for these birds. (i) Swans — That on account of their increasing rarity, swans and sandhill cranes should be removed from the game list and protected throughout the year. Big Game. (a) That female and young of all big game should be pro- tected at all seasons in every State. Twenty States have already enacted the so-called doe law, with eminently satis- factory results. (b) That due provision should be made for the propagation and transfer of big game in each State. (c) Elk-j-That a definite and comprehensive policy should be adopted by the several States and the general government STATE GAME AND FISH WARDEN. 17 1g BIENNIAL REPORT OF looking to the permanent preservation of elk now remaining in the Rocky Mountain and Pacific States ; that due provision should be made for propagation and for adequate winter range, but in transferring animals from one State to another elk of one species should never be liberated in a region inhabited by a distinct species. (d) That seasons for antelope should be kept closed for the present in all the States. Licenses. That a mandatory dollar resident hunting license be provide! in the States of Maine, Pennsylvania, Delaware, Maryland, Virginia, West Virginia, North Carolina. South Carolina, Florida, Tennessee, Mississippi, Arkansas and Ohio, as the best and most satisfactory method of raising revenue for the pro- ^ tection of game, or establishing a salaried warden system and for properly regulating hunting. (a) That a seasonal limit on deer be established in every State where deer hunting is permitted, and that this limit should not exceed' 'two deer a season. (b) That reasonable bag limits be provided for game birds in the States of Arkansas, Kentucky, Rhode Island and Vir- ginia, which now have no restriction on the amount of game which may be killed or captured in a day or a season. Non-Game Birds. (a) That the model law recommended by the National Association of Audubon Societies for the protection of non- game birds be enacted in the States of Maryland. Kansas, Ne- braska. Idaho, Montana, Utah, Nevada, Arizona and New Mexico, in order to make legislation uniform throughout the Union. (b) That legislation regulating the traffic in aigrette or heron plumage be enacted in Pennsylvania, Maryland. Georgia, Illinois and such other States as have not yet extended propei protection to these birds, now nearly extinct. Propagation. It is recomended that encouragement be given for the prop- agation of fish and game animals and game birds in. the vari- ous States under the provision of the State game authorities. STATE GAME AND FISH WARDEN. 19 Game Refuges. Inasmuch as game refuges afford the most effective meaiib of protecting the scattered remnants of our native game, it is strongly recommended that every State should have one or more State refuges. Commissioners and wardens should be given adequate authority to arrange for refuges on private or State lands, and to co-operate with the proper officers of the Federal Government in the establishment of such refuges on public lands not now utilized for other purposes. Bull E.lk of the West Gallatin Basin STATE FISH HATCHERIES. Montana now has two modern, well-equipped State hatch- eries, which, in conjunction with the Governm(ent hatchery at Bozeman, will furnish all streams and lakes in the State with a large supply of young fish annually. The hatchery at Somers, Flathead County, has just been completed and will be in operation in 1913. Members of the State Fish Commission have drafted a pro- posed law governing fishing in this State, so that subject will not be referred to in this report. 48197 20 BIENNIAL REPORT OF During the past year considerable work has been done in improving the plant at Anaconda. The residence has been entirely remodeled, making it much more convenient and com- fortable. The hatchery building was made fifteen feet longer, making room for an office and small shop. Also small room was added for use as liver room, in preparing fish food. A cement wall was constructed across the large pond, so that fish could be divided when necessary. The old cement pond was also divided by cement walls, making ten small nursery ponds. A shed was built on rear of ice house for storage purposes and a small building constructed, 22x24, to be used for garage or stable. DISTRIBUTION OF FISH. The output of fish for the year was very gratifying, the number of cans of trout distributed being in advance of the previous years. An effort w^as made to send out the fish by as near actual count as possible, the number being arrived at by the displacement method, which is approximately correct. The fish were distributed as follows : Grayling ,. . . . 600,000 Rainbow trout 16,350 Brook trout 1,299,200 Black-spotted trout (natives) 2,424,500 Of the black-spotted trout, 185,000 remain on hand at this writing, in addition to the number above. FLATHEAD HATCHERY. The site first chosen for this hatchery was found imprac- ticable by reason of the danger of overflow, so it was aban- doned and a new site selected on the shore of Flathead Lake about two miles from Somers by road. The hatchery building is placed just above high water mark. It is of frame, 38x84. and will be equipped with forty cement hatching troughs with a capacity for hatching at least three million trout. There will also be a whitefish battery with a hatching capacity of eight or ten millions. The water sup])ly is pijied down through about 3,000 feel of wood pipe, six inch for nearly all the distance, and comes into the hatchery under 228' head, giving power for cutting fish food, electric lighting plant, etc. The residence is 32x42, bungalow style, and is very complete STATE GAME AND FISH WARDEN. 21 and adapted to the purpose. There is also an ice house, 20x24. and a garage, 22x24. WORK OF THE DEPARTMENT. 1911-1912. The records of this office show that 64 arrests have been made betwr.eu December 1, 1910. and May 31, 1911, on complaints as follows: Hunting without license 3 Killing deer out of season 12 Killing elk out of season i Killing sage hens out of season 1 Killing song birds 1 Killing beaver 2 Killing antelope 1 Killing buffalo 3 Fishing without license 20 Fishing with grab-hooks 1 Dynamiting fish 5 Seinirfg fish 3 Killing more than limit of deer , 1 Selling beaver skins 2 Selling elk head 1 Selling moose scalps '. . 1 Dumping sawdust in stream and lake 3 64 The above comnlaints were instituted in the following named counties: Teton 1 Valley 4 Yellowstone 3 Beaverhead 3 Cascade 1 Chouteau 3 Custer 1 Fergus 1 Flathead 10 Gallatin 3 Granite 1 Lincoln 5 Madison 2 Meagher 6 Missoula 1 Park 4 Powell 1 Ravalli 3 Rosebud 1 Sanders 3 Silver Bow 3 Sweet Grass 4 64 These cases were disposed of as follows: Convictions 45 Dismissals .16 Acquittals 1 Pending 2 64 Pines imposed in above cases, $2,680.00 22 BIENNIAL REPORT OF The records of this office show that 78 arrests have been made between June 1, 1911. and November 29, 1911, on complaints as follows: Hunting without license 15 Hunting on citizen's license (alien) 3 Killing deer out of season 6 Killing elk out of season 2 Killing sage hen out of season 1 Killing pheasant out of season 1 Killing grouse out of season 5 Killing prairie chicken out of season 3 Killing ducks out of season .' 1 Killing song birds 3 Killing beavers unlawfully 2 Killing antelope 2 Killing moose 2 Fishing without license 11 Fishing on citizen's license (alien) 2 Fishing with net 2 Fishing unlawfully 3 Spearing fish 3 Seining fish 3 Dynamiting fish 5 Selling trout 1 Guiding without license 2 7i The above cqmnlaints were instituted in the following counties: Beaverhead 8 Broadwater 2 Carbon 11 Cascade 5 Deer Lodge 3 Fergus 3 FIathii lakes of this description. One of such reports is subjoined hereto, and made a part hereof, and we ask that the same may be considered as showing the necessity for re- newed and persistent activity- u]ion the part of the State, in taking advantage of its vast natural advantages in this direc- MONTANA STATE FISH COMMISSION. 33 tion. It has been estimated by the careful observers connected with the United States Fishiers Department that an acre of water will produce as much life sustaining food if devoted to the raising- of fish, as will an acre of land, so that the question is one of more than usual importance when considered in the light of a food supply, open and free to all. The law should provide a closed season for game fish, as well as some means by which they may Ije prevented from A Well Filled Creel. entering irrigating ditches through which they are carried onto • the cultivated land, and then die. If a screen or a Henshall ^ wheel should be placed in the head of ditches, and this be a requirement of law, much of the damage now done would be avoided, and much now lost would be saved. The Henshall wheel is inexpensive, easily made and adjusted, and never causes an obstruction to the flow of water. A\"ith the completion of a hatchery in Flathead County, the means of propagation of fish will be doubled, but even this \yill hardly supply the ever increasing demands which are made from all parts of the State for trout fry for planting in the many suitable lakes and streams. We believe that if the fund at the disposal of the State is ample for this purpose, 34 BIENNIAL REPORT OF that additional hatching facilities should at once be provide! and placed in operation, under such conditions as may seem best. When the extent of the State is considered, with the many cleaf lakes and streams therein, and the opportunities which are presented for attracting people to our ideal summer climate for an outing, and the revenue which would be derived from licenses, there is little question but that it would prove a good investment to now speed the work of restocking streams and lakes, by the provision of additional hatchery facilities. All of which is most respectfully submitted. E. P. MATHEWSON, Chairman. Anaconda, Montana, December 28, 1912. MONTANA STATE FISH COMMISSION. 35 Dec. 6, 1912. Montana State Fish Commission, Mr. E. P. Mathewson, Chairman, Anaconda, Montana. Dear Sir : — As Director of Hatcheries since March last, I hereby submit report of operations durin^^ that period of time. At the time I took charge of the work, there were in the Anaconda Hatchery about 900,000 brook trout fry. These were too young- for distribution, but by the middle of April they were old enough to send out and the distribution was made as fast as possible until all were distributed. Blackspotted Trout. The trap was placed in Stuart Mill Creek at Georgetown Lake about May ist, but not many natives came up for spawn- ing, only about 100,000 eggs were secured from Georgetown and Silver Lake together. A trap was also placed in upper Flint Creek, but owing to high water going over the trap, no fish were caught. Largely through the efforts of Senator Myers, over 2,500,000 eggs were received from the U'. S. Bureau of Fisheries, operat- ing in Yellowstone Park. These filled the hatchery to over- flowing and it was necessary to construct two new hatching throughs and two large tanks, in order to properly care for them. Thev were good eggs hatching out with but little loss, about 12 per cent for the eyed eggs, up to distribution. The fish have been all distributed except 2,600, which are retained in a nursery pond for experiment. Grayling. These fish commenced to run at Georgetown about June i, but not in as large numbers as formerly. Only 265 fish were caught, but they were of good size and about one million eggs were taken. The male fish, as usual, were not very good pro- ducers of milt, but the eggs seemed -as good as usual and 600,- 000 fry were distributed. These fish must be present in Georgetown Lake in large numbers, as the fishing has been good all the season, many large fish being reported caught, some weighing as much as four or five pounds each. There is no doubt but that the -persistent fishing between 36 BIENNIAL REPORT OF the trap and lake, is a large factor in preventng the fish from reaching the trap. This will be partly obviated another season by moving the trap down nearer deep water. The foundation for the trap in the new location, having been put in this fall. A small building was constructed near the trap, for the comfort and convenience of the man on watch. A trip was made to the Lima dam in Beaverhead County to see if the grayling congregated below the dam as in former years, but practically none were seen there this year. About 140,000 fry were planted in Little Bitter Root Lake, west of Kalispell. It is believed that this lake is well adapted to the growth of the grayling and if so, it will prove a valuable spawning station in three years. Brook Trout. The stock fish began spawning much earlier than usual, the first eggs being taken October 19th. Over one million fine eggs were secured, the females averaging very nearly i.ooo eggs each. About thirty thousand eggs were taken at Lorenz" and 125,000 at Georgetown. Improvements. Quite a number of improvements were made at the Anaconda hatchery. The residence was thoroughly overhauled and re- modeled and a hot water heating plant installed. The hatchery building was enlarged by a fifteen foot addi- tion, providing room for an office and small shop. The addi- tion had a cement basement for coal storage and a future heating plant. A small room was also provided for the prep- aration of fish food, a 15" Pelton wheel and a No. 42 Enter- prise chopper being installed to cut liver for the fish. A neat building 22x24 was constructed to be used as a garage or stal^le. Also lean-to shed on rear of icehouse, for storage. A cement division wall was put in across the stock pond for the better control and handling of the stock fish. The old cement pond, 30x60. was divided into ten small nursery ponds by cement walls, but it will be necessary to change the water supply pipes before much use can be made of them. However, one pond will be used this winter as an experiment. The buildings were all repainted, a few trees set out. lawns MONTANA STATE FISH COMMISSION. 37 graded and improved, so that a marked improvement was made in the appearance of the property. A trip was made to Kalispell in April to prepare for the construction of the Flathead hatchery, but it was discovered that the site previously selected had at times been overflowed by backwater from the Stillwater river, so that site was aban- doned and a new site finally selected on the west shore of Flathead Lake, about two miles by road from Somers. The buildings have been constructed under the supervision of the architect, J. B. Gibson of Kalispell. The station is ready for work and it is probable that some eggs of the brook trout and whitefish will be hatched there this winter. The hatchery l:)uilding is 38x84 equipped with forty cement troughs iwith a capacity for hatching at least 3,000,000 trout eggs at one time. There is also a whitefish battery with a capacity for hatching eight or ten million eggs. The water supply is brought down through about 3,000 feet of wood pipe, six inch, except 250 feet of twelve inch at the upper end. It gives us 228 feet head at hatchery and it is in- tended to use it for power for lighting and for cutting fish food. The residence is 32x42, bungalow style, is modern and well adapted to the purpose. The buildings look very neat and when the grounds are laid out and graded, the station will present a very attractive appearance. The output of fish for the year was very gratifying Over eleven hundred cans of trout were sent out as compared with less than eight hundred and fifty last year. Owing, however, to the difference in method of counting, last year's distribution was apparently larger than this. All of the trout sent out during my administration were measured by the displacement miethod, which is approximately correct. The fish distributed during 1911 were as follows: Grayling 600,000 Rainbow trout 16,350 Brook trout 1.299,200 Blackspotted trout 2,604,500 Total 4,510,050 38 BIENNIAL REPORT OP In making- the distribution of fish, the car traveled 8,048 miles, and the messenger trips, without car, made 2,500 miles more. On official business, I have traveled since April ist, 15,000 miles. As no records were found at the 'hatchery, at the time that I took charge of the work, except a very incomplete record of distribution, I am unable to make any report lor the year 1911. The Anaconda Hatchery needs new hatching troughs, prefer- ably of cement, also a good heating plant. The spring should be improved by laying about 600 feet of drain tile to bring the water down to a cement intake that should be constructed early in the spring. This would protec. our water supply from pollution and also prevent the formation of the algae which has caused so much trouble in the past. It would also necessitate some ichanges in the piping at the hatchery, to supply troughs and nursery ponds. It would be of great advantage to our work and would save considerable in expense of draying, if we could have a spur switch in front of our property, where our car could be kept and where we could have our water supply to use for cleaning and loading car. About three hundred feet of the high board fence in front of our property, should be removed and replaced with a neat wire fence that would not obstruct the view. A large entrance gate should also be provided, so that we could drive through without having to go so far as the present Park gate. Often in winter the snow collects behind the high fence, making it difficult to get through when loading oar, or hauling in sup- plies. All of these improvements could probably be accomplished from our regular appropriation. I have already recommended the securing of a better fish car and you have taken up the matter of better protective laws for the fish in this state, so it is not necessary for me to mention these matters in detail. I believe that with wise pro- tective laws for our game fish we can keep Montana, in the future, as it undoubedly is now, the best trout fishing state in the Union. 1 wish to e.xpress my appreciation of the many courtesies MONTANA STATE FISH COMMISSION. 39 received from the railroads of the State. I have always found officials and employes alike, ready to do anything consistently possible for the State Fish Commission. I wish also to express my appreciation of the friendly and helpful relations, between your Board and myself. It is a • pleasure to work under a Board, the members of which are so thoroughly alive to the fishing interests of the State. A detailed list of distribution for 1912, is appended. Respectfully submitted, H. D. DEAN, Director. 4& BIENNIAL REPORT OP DISTHIBUTIOX — 1912. State Fish Hatcliery, Anaconda, Montana. HLACKSl'OTTED TROtT. Date. Applicant. Address. Feb. 18- Feb. 23- Feb. 2.5- Aug. 23- Aug. 28- -Missoula Club . -Great Northern -Angler's Club . Ben. R. Smith . Roy H. Noble . . John Furst . . . . -Fred C. Morgan R. J. Holland . J. W. Gladden . . G. H. Avery . . . . Anglers Club . . Missoula Townsend Winston . Johnson . Anaconda Arlee .... Arlee .... Perma . . . Plains . . . Thompson Falls. Fred Allen Heron Sept. 13 — F. D. Savrs, et al... Philipsburg Bonita Club Rock Creek Rod & Gun Club Stevensville Dr. F. E. Buchen . . . Hamilton . . Mr. Dudley Darlty Sept. 17 — M. J. Sullivan j Alhambra . H. F. Stapt Clancy . . . . J. A. Botkin , Clancy .... J. H. Burke 'Wolf Creek C. B. Power Wolf Creek Geo. F. Miller Choteau Sept. 18- Sept. 28- Oct. 8- Rod & Gun Club H. C. Schick E. E. McKean . . O. S. Phillips . . . J. R. Hart -Great Northern . C. E. Proctor ... Guillot M. Darimoi-e . A. Maltliews . Choteau .\ugu.sta . . . . Browning . . . Browning . . . Browninti' . . . Glacier Park Pi'octor . . . . Helena Anaconda Whiteflsh ... Streams near Between Butte and Helena. Streams near Beaver Creek Confederate Creek Willow Creek Silver Lake Georgetown Stuart Mill Creek Jocko River Finley and Jocko Rivers. . . Magpie Creek Curry Lake Prospect Lake and Thomp- son River Elk Creek Flint Creek Rock Creek Mill Creek Lakes Streams near Streams near Prickly Pear Piicklv Pear Big Buffalo Wolf Creek Rock Creek Willow Creek Streams near Beaver Creek Cut Bank River Willow C^reek Plat Iron Cree^ McUcrmot Lake, Dayton Creek . . Mauser Dam . . . Antelope Creek tefish Etc. lUpper Whit ;Pond 'Streams near Blue Lake Oct. 9- Oct. 17- Oct. 18- -E. C. -C. J. C. Dowdell Stryker G. N. Agent Strvker R. L. Slee Troy . . H. B. Anderson Trov l()"Brien Creek W. S. Dingee Troy !Callahan Creek David Kelsey Troy [Stanley Creek W. F. Doonan Troy I..ake Creek Wm. Rightbower . . . .Troy 'O'Brien Creek W. F. Doonan Troy I Iron Creek -C. N. Brilenberg Deer Lodge I)empsey Creek Brilenberg. . . . Deer Lodge Rock and Powell Creek. Junes Harlowton ;Musselshell River MtFarland .... Harlowton {Lebo Creek -H. Z. -R. N. John J. V. W. I{. W. .1. American Fork . . . McDonald Creek . Big Casino Creek . McCartney Creek . Streams near Warm Springs . . . Pond Rea Creek West Gallatin . . . . Yellowstone River Kt'll.\- Harlowton Woods iLewi.'itown Pitts iLewi.stown J. T. Fowley jLewistown Commercial Club . . . . Lewistown J. A. Douglierty Maiden . . Oct. 23 — W. H. Lockliart Gregson . Oct. 28 — W. E. Crawley Logan . . . Oct. 29 — Henry Ferguson Bozeman C. S. Hefferlin Livingston Eugene Confarr Livingston 'Spring Ci-eek Sam Brady Wil.'jall Elk Creek . . . . Rob. Bennett Wilsall Flathead Creek Rod & Gun Club Big Timber Boulder Creek Oct. 31 — i:od & (Jun Club Basin Cataract Creek D. W. Mlddlemas. . . . Boulder Elkhorn Creek A. J. Stough Stanford Wolfe Creek . . A. B. Andrews luditli Gap Blake Creek . . D. D. Rice Albright Belt Creek . . . . Jack Stewart Albright Logging Creek W. M. CockrlU Great Falls Logging Creek G. B. Longeway IGreat Falls Pilgrim Creek lootooo 50,000 85,000' 20,000 20,000 5,000 25,000 35,000 40,000 67,000 33,000 33.000 33,000 300,000" 34,0(1'! 60,0l'n 40,000 80,0011 120,000 60,011" 8,000 I 12.000 J 8,000 1 20,0(i'i 20,000 40,000 8 0,0-0 0 40,000 20,000 20,000 20,0oH 50,000 15,000 8,000 8.000 42,000 6,000 3,000 21.000 21, (too 21,000 21,000 21,0101 21,0oo 3.0011 4,000 l."),0O'l 21,000 21.000 21.000 6.( 9,0o" 9,(' 81.01O1 12.000 1,500 15,000 45,000 15.000 15,000 45.000 15.000 45.000 25,000 12.500 12.500 12.500 12.500 12.500 15.000 15.000 MONTANA STATE FISH COMMISSION. 41 BLACKSPOTTEU TROUT — Cou'tinued. Date. Applicant. Address. Waters stocked. I No. rov. lOV. H. S. Greene i Great Falls . . A. T. Luther Monarch E. A. Shaw Neihart David Ledbitter iNeihart D. L. S. Barker Neihart 7 — Jno. Furst T\"illow Creek Anglers Club | Missoula 29 — B. F. Bembrick Toston Agent N. P. R. R iLogan o be distributed in December Drv Foik Creek Belt Creek Belt Creek O'Brien Creek . . O'Brien Creek . Willow Creek . . Streams near . . Dry Creek Maillands 12,.500 12,500 12,500 12,500 12,500 2.500 57,500 20,000 10,000 2,454,500 150,000 2,604,500 BROOK TROUT. Date. Applicant. Waters stocked. No. 'eb. 25- [ar. 17- .pr. n- .pr. 13- pr. 20- [ay 2— [ay 14— lay 24- une 2- une 7- une 11- -John Corrette Jas. Canty Planted in Alaska Basin by G. H. Shambow Earl B. Rice •Gus Anderson ■Eugene McCarthy... •A. P. Schumaker. . . . Richard Greig ...... 0. P. Gregg Jas. O'Boyle J. H. Montgomery. . . E. Slenimer G. W. Bethel A. W. Merrifleld S. F. Ralston Commercial Club. . . . 1. W. Choate J. E. Swindlehurst. . . C. S. Hefferlin Rod & Gun Club J. Lingenfelter F. D. Sayrs, et al. . . . Anglers Club Anglers Club Anglers Club C. M. Larrimore Leo Bens 7 — Olson & Sargent. . . W. C. Templin J. W. Scott, et al G. Z. Adams G. N. Ry G. K Rv Chatfield & Peterson. Chatfleld & Peterson. Chatfield & Peterson. G. A. Slater une 12- lune 18- lune 20- Tom Pruitt Rod & Gun Club. Henry Arnott . . -G. N. Ry G. N. Ry G. N. Ry H. H. Dingman . H. S. Parker . . . -Henry Ferguson . -Station Agt, et al. "V^'oodville Butte . . . . Forsyth .... Anaconda . . Anaconda . . Kalispell . . . Kalispell . . . Kalispell . . . Kalispell . . . Kalispell . . . Kalispell . . . Kalispell . . . Kalispell . . . Kalispell . . . Three Forks ^Manhattan . Livingston . Livingston . Big Timber . Gold Creek . Philipsburg Missoula . . . Hamilton . . . Stevensville Anaconda . . . Butte Melrose . . . . Armstead . . . Armstead . . . Philipsburg . Elk Park . . . Clancy Helena Silver Silver Silver Craig Hardy Choteau . . . . Dupuver . . . Midvale . . . . Rock Hill . . Whiteflsh . . Kalispell . . . Kalispell . . . Kalispell . . . Bozeman . . . Harlowton . Nez Perce Hail Columbia Gulch Stickney and Wag. . . Hardy Creek Streams near Streams near Upper Two Medicine Whitefish Lake Spring Pond . Spring Creek West Gallatin Lebo Creek . . Pond Springs Springs Patrick Creek Pond Spring Creek I Bovle Creek | Pond I Pond I LaSalle .Springs I Flathead Lake i Lake Ronan I Madison and Trib I Baker Creek I Pond I Halliday Spgs and Corwin.l Boulder and Tributaries... Gold Creek Flint Creek and others I Blackfoot and Rattle I Trib. Bitter Root I Trib. Bitter Root I Pond I Lone Tree Lakes | Canyon Creek I Horse Prairie I Springs, Prairie, Etc | Rock Creek I Elk Creek Basin Creek Trout, Prickly Pear | Virginia I Canyon .1 60,000 6,000 322,000 1,500 500 2,000 5,000 10.000 5.000 5,000 5,000 4,000 2,000 62,000 22,000 30,000 30,000 20,000 20,000 20,000 5.' 30,000 82,500 25,000 7,500 5,000 3,000 25,000 10,000 140 '■ 10,000 5,250 1,750 17,500 7,000 3,500 3,500 3,500 1,750 43,750 17,500 19,250 7,000 7,000 7,000 7,000 5,250 20,000 16,500 42 BIENNIAL REPORT OF BROOK TROUT — Continued. Date. Applicant. Address. "Waters stocked. No. June 29- June 30- July 8- July 11- July 27- Aug. 28- Sept. 28- Cominercial Club. ... S. L. Hodges Chamber Commerce. . Chamber Commerce.. Chamber Commerce.. Chamber Commerce. . Chamber Commerce.. Chamber Commerce.. Chamber Commerce. . Chamber Commerce.. -F. G. Waggoner -Dr. T. A. Grigg -Harvey Fister i B. A. & P. Ry -C. M. Larrimore -Eugene Confarr C. W. Jackson -W. R. Ginther -E. Guillot Railroad Men Lewlstown . . . . Martinsdale . . . White Sulphur Sulphur Sulphur Sulphur Sulphur Sulphur Sulphur Sulphur White White White White White White White Flint Butte Helena . . . . Uocker . . . . .Anaconda . . I^ivingston Bozeman . . Trout Creek Helena . . . . Clancy Anaconda . . Streams near ,. . . Musselshell Sheep Creek Smith and Eight Mile. Birch Creek Newlan Creek Lake Creek Four Mile Smith Wood Gulch Goat Mt. Lakes German Gulch Pond Antelope Creek West Gallatin Swamp Creek Hauser Dam Basin Creek Warm Springs Creek O.OOOt 2,00C 2,00( 5,00( 7,50^ e.ooc 2.00fl 6,00fl_ 1,50( 1,500 3,500 1,500 1.500 1,500 1,000 1,000 3,000 5,000 200 500 8,000 1.299.200 GRAYLING. Date. Applicant. Address. Waters stocked. No. July 2- July 6- July 8- July 11- July 13- -Dr. J. M. Scanland. . . . Warm Springs -D. H. Morgan Helena -G. N. Ry Georgetown Lake Prickly Pear 3.000 15,001 50,00( Bernice Little Boulder I 60,000 Kalispell iTvittle Bitter Root I 140.000 July 15 — Anglers Club Missoula 'Spring Slough C. W. Jackson [ Bozeman V\'est Gallatin . . . D. H. Morgan 'Helena Hauser Dam . . . . Anglers Club Butte Lake Avoca Georgetown Lake 100,000 100,000 40.000 50,000 42,000 660,000 RAIJVBOW TROLT. Date. Applicant. Address. Waters stocked. July 21- Aug. 23 — . Aug. 25 — .' -Chas. Laler Anaconda Barker Lake Silver Lake . Georgetown . .Barker Lake No. 1,000 7,500 3.".0 7.5U0 16.350 uJ o (-U < CA o 5 * • 5 ^ • ■ • if r. 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