Author: Pennsylvania Game Commission

Title: Bulletin, no. 3

Place of Publication: Harrisburg, Pa.

Copyright Date: December 11, 1914

Master Negative Storage Number: MNS# PSt SNPaAg244.5

no. 3
December 11, 1914

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Commonwealth of j^ennsylvania

OFFICE OF THE

BOARD OF GAME COMMISSIONERS
HARRISBURG, PA.

Game Law Suggestions

DECEMBER 11, 1914

BULLETIN No. 3

HARRISBURG, PA.:
WM STANLEY RAY, STATE PRINTER

1914

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GAME LAW SUGGESTIONS

By DR. JOSEPH KALBFUS, Secretary of the Game Commission

THE PENNSYLVANIA STATE
UNIVERSITY LIBRARY

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AN ACT

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To provide for the better protection and preservation of game, game-quadrupeds,
and game-birds, in Pennsylvania, and prescribing penalties for violation of its
several provisions.

Section 1. Be it enacted, etc., That the open season for the gray,
the black, and the fox squirrel, wild turkey, ruffed grouse, Mon-
golian, Chinese or Ringneck pheasants, Virginia partridges, com-
monly called quail, Hungarian quail, and woodcock shall be from
the first day of November to the thirtieth day of the same month,
both days inclusive, of each year; that the open season for the
gray rabbit and hare shall be from the first day of November to the
fifteenth day of December, next following, both days inclusive, of
each year.

The open season for deer shall be from the first day of December
to the fifteenth day of the same month, both days inclusive, of each
year.

The open season for bear shall be from November first to De-
cember fifteenth, both days inclusive, of each year, and it shall be
unlawful to kill, wound, take, or capture, -or to attempt to kill,
wound or capture a bear in this Commonwealth by or through any
method excepting a gun held in the hands of the hunter.

Provided: That from and after the passage of this Act it shall be
unlawful for any person to sell, or attempt to sell, or to have in
possession for sale, any gray rabbit or hare, or any squirrel, killed
in this Commonwealth.

Section 2. That it shall be unlawful for any person to kill in one
day more than one wild turkey, or more than five ruffed grouse, or
more than two Mongolian, (vhinese, or Ringneck pheasants, or more
than two Hungarian quail, or more than ten Virginia partridges,
commonly called quail, or more than six squirrels of the combined
kinds mentioned in Section 1 of this Act, or more than five gray
rabbits, or more than three hare, or to kill in any one week, con-
sidering the week to begin on Monday morning and ending Saturday
night, more than two wild turkeys, or more than twenty ruffed
grouse, or more than ten Mongolian, Chinese, or Ringneck
pheasants, or more than ten Hungarian quail, or more than

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thirty Virginia partridges, commonly called quail, or more than
thirty woodcock, or more than twenty of the combined kinds
of squirrels named in Section 1 of this Act, or more than twenty-five
gray rabbits or more than fifteen hare; or to kill in any one season
more than two wild turkeys, or more than twenty-ruflfed grouse, or
more than ten Mongolian, Chinese, or Ringneck pheasants,
or more than ten Hungarian quail, or more than forty Vir-
ginia partridges, commonly called quail, or more than thirty wood-
cock, or more than forty squirrels of the combined kinds named in
Section 1 of this Act, or more than sixty gray rabbits, or more than
thirty hare, or more than one deer, which in every instance shall be
a male deer with horns or antlers extending not less than two inches
above the hair.

Section 3. Except as provided for by the laws of this Common-
wealth relating to the taking of quadrupeds and birds under au-
thority of a certificate issued by the Board of Game Commissioners,
each and every person taking or killing, or wounding, or attempting
to take, kill, or wound any quadruped or any bird given protection
by this Act at any time other than that time fixed as the open season
for such quadruped or bird by this Act, shall, upon conviction, be
liable to a penalty of one hundred dollars for each deer taken, killed
or wounded, or attempted to be taken, killed or wounded, at any
time other than that time fixed by this Act, as the open season for
deer in this State, or that may be of a kind the killing of which is
not specifically pierraitted by this Act, or that may be in excess of the
number permitted by this Act. Each and every person violating any
provisions of this Act relating to the taking of squirrels or rabbits
or hare in this State shall, upon conviction, be liable to a penalty of
ten dollars for each squirrel, or rabbit, or hare, so taken, killed, or
wounded, or attempted to be so taken, killed, or wounded, and each
person who shall sell, or attempt to sell, or have in possession for
sale, a rabbit or hare or squirrel killed in this Commonwealth shall
be liable to a penalty of ten dollars for each rabbit or hare or
squirrel so sold, offered for sale, or had in possession for sale; and
each and every person taking, killing, or wounding, or attempting
to take, kill or wound a bear contrary to the provisions of this Act
shall be liable to a penalty of fifty dollars; each and every person
taking, killing, wounding or attempting to take, kill, or wound, a
game bird given protection by this Act at any time except during
that time fixed as the open season for such game bird by this Act,
or who shall take, kill or wound such birds in excess of the daily,
weekly, or yearly limit fixed foi' such birds by this Act, shall be
liable to a penalty of twenty-five dollars for each bird taken, killed,
wounded, or attempted to be taken, killed, or wounded, contrary to

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any provision of this Act; each defendant in default of the payment
of the penalty imposed upon him by the Magistrate, Justice of the
Peace, or other Court hearing his case shall suffer an imprisonment
in the common jail of the county in which he may be convicted for a
period of one day for each dollar of penalty imposed with costs.

Section 4. All fines and penalties imposed and collected for
violation of any of the provisions of this Act, shall be paid to the
State Treasurer, who shall keep the moneys thus collected as a fund
seplarate and apart, solely for the purpose of wild bird and game pro-
tection, and for the purchase and propagation and feeding of game
under the supervision of the Board of Game Commissioners of the
Commonwealth of Pennsylvania. The several purposes to which the
fund so received by the State Treasurer shall be applied to be clearly
designated by the Legislature in the general appropriation act.

It is almost time for the meeting of another Legislature of Penn-
sylvania, and this office is being simply overwhelmed with communi-
cations, verbal and otherwise, relative to what must be done to even
maintain the limited supply of game we now have in this State.
Therefore, I am addressing this circular to sportsmen, the only men
who to my mind have ever done one thing for game or wild bird pro-
tection In this Commonwealth. T have never known a churchman,
unless he was also a sportsman, to spend a minute of his time or a
cent of his money to help place laws upon our statute books relative
to these subjects or to help enforce these laws after they were enacted.
I have known but few farmers, who, unless they were also sportsmen,
ever did one thing for the birds, the lifework of which makes success
possible on the farm. Sportsmen, the men who In the minds of many
are mostly loafers and all destroyers, are the only ones who acted
when necessity required, and have stood between our s^ame, es-
pecially our birds, and sure destruction. A bushel of grain placed
where Bob-white can secure It means more to him and his family
than all the suggestions that can be offered by all the people in the
County where they are about to die of starvation. T desire, also, to
have it distinctly understood that there is a vast difference between
a "SPORTSMAN" and a "SPORT," the first respecting the rights
of his fellow men In all things, loving nature, taking reasonably of
the things nature provides, and doing his utmost to continue to

pominot rrpuprnfinnQ +ha fhinrra -fhof Iio^a mnAo +>»•»« ^rfn^-iA «>innr.««.4-

to him, and to that end, is willing to give as well as take. The
"Sport," utterly regardless of consequences, lives for himself alone,
and gives no thought to the possible result of his action, he cares for

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nothing so long as he has his desires gratified today, and it seems
to me that all the people of the world might be divided into these
two classes. All sports do not wear gaudy neckties.

I some years ago attended a meeting of spiortsmen at Columbus,
Ohio. Governor Myron T. Herrick spoke at the banquet and among
other things said:

"You have been in session here for three days. Your
delegates are gathered from almost every State in this
Union, even far away Alaska is represented. I have
been present at several sessions. 1 have had a repre-
sentative here present at all the sessions, and under-
stand that not once by any of the many here assembled
has the question of Commercialism been mentioned.
Profit to you as individuals has been given no consider-
ation. Your entire effort seems to have been directed
toward the conservation of National resources, to pre-
serving and continuing to those who may follow you in
this work the things that have helped to make this life
to you worth living; the forest, the flowers, wild birds,
game, fish, a pure water supply. T never knew what
Sportsmanship meant before this time, and assure you
I will be a SPORTSMAN from this day."

The great work of helping his fellow men carried on by this man,
as the Representative of America in France, during the present war,
demonstrates he is still keeping his promise and is doing all in his
power to alleviate suffering around him.

We have in this State what is known as a Resident Hunters' Li-
cense Law, under the provisions of which all hunters who are citizens
of the United States and residents of this State, are required to
secure a license costing fl.OO before hunting. Non-residents, who
are citizens of the United States, can secure a Non-Resident
Hunter's License at a cost of flO.OO. The money realized from our
Resident Hunters' License Act is to be applied strictly to purposes
that will make direct return to the men who contribute to this fund.
One-half of the full amount collected each year, if necessary, is to
be applied to the payment of bounties and the remaining part is to
be applied by the Legislature to the cause of game and wild bird
protection, and increase, in this State. Before the passage of this
bill this cause received but limited help at the hands of the State.
Those who had the disbursement of State moneys under control grave
but little to this work, because, as they said, "We feel that it is our
duty to appropriate this money to purposes that will do the most
good to the most people, hospitals, with their surgeons and
nurses and medicines; schools, with their teachers and books and

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paraphernalia, sanatoriums with all their needs; this thing and that
thing; mean more benefit to more people than does hunting, and
while we believe all you say, to comply with your request is im-
possible. We are sorry we cannot help you," and so it was session
after session, the cause of game protection getting but little from the
State, and as a consequence we could not do for our hunters what
they expected us to do. Many sportsmen saw this and decided to
ask the Legislature to pass a bill that would take them out of the
pauper class, and place them in position where they would not be
compelled to beg for a part of the money that might go to hospitals,
or sanatoriums, or schools, or piublic works, of any character, and the
Resident Hunter's License Bill was the result. Sportsmen are today
"Paying the freight," not only for the maintenance of game, but
also for the protection of wild birds not classed as game, the bdiefit
of whose lifework to all the people cannot be expressed in words or
figures. Sportsmen have assumed the entire responsibility for this
line of conservation, and having done this, I feel, should be con-
sidered and consulted first regarding the drafting of every law that
may hereafter be placed upon our Statute Books concerning these
things. Sportsmen also have a right to see to it that every dollar
paid into the State Treasury through or because of this Resident
Hunters' License Act shall be applied to the purpose for which it
was collected, "Game and Wild Bird Protection and Increase." If
it is not so applied, if it is intentionally wasted, then those who in
the beginning objected to the passage of this bill, because they
thought the money collected under its provisions would be mis-
applied, will surely have good ground to knock, and I am sure their
numbers will be increased to an extent that will enable them to re-
peal the obnoxious measure and to force out of public life the men
who may take a hand in doing such thing, and I am sure that every
Member of the Game Commission of this State will be found in the
forefront of the battle-line demanding Justice. They will not agree
that this fund or any part thereof shall be applied to any purpose
other than strictly "GAME AND WILD BIRD PROTECTION AND
INCREASE," and I now warn sportsmen to be on guard regarding
this matter. Ingenious and smooth methods will no doubt be sug-
gested to secure a division of this fund, which, if once adopted, or
permitted, will spell disaster to this cause. Why should the money
paid in by hunters for a special purpose be applied to the increase
or pirotection of fish, as is being suggested by some, and if to fish,
or forestry, why not to good roads, or hospitals, or schools, or any
other purpose? But there is no necessity for crossing bridges before
we com-e to them, or to borrow trouble. We certainly have troubles
of our own, and all we can well attend too.

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In the last Legislature there were forty -one (41) bills introduced
relating to game in some way. I notice that more than one-half of
the next Legislature will be new men, earnest and conscientious men
in every way, but impressed with the idea that the thought prevail-
ing in the section of the State from which they may come, is the
proper and only one, and must prevail. This is simply human na-
ture, has been, and always will be. These men know nothing of
former battles in the various Legislatures, or the reasons why their
predecessors decided as they did regarding these matters, and I am
writing now in the hope that sportsmen may get together before the
Legislature meets, give and take as they should do, and arrive at
conclusions that will not only produce pleasure for the present but
that will perpetuate those pleasures through coming years.

Sportsmen are only human, and are possessed of ideas that vary
greatly regarding the methods best adapted to secure desired ends
in the matter of game protection. There are many differences of
opinion, although I believe that but few will dispute the assertion
that the sale of game and spring shooting means extermination.
Regarding seasons and the bag limit there are varied opinions ; many
of those interested in these matters write to the Game Commission
and we have thought it might bfe well to draft this portion of a bill
and present it as a suggestion to sportsmen embodying these
thoughts, compromised and smoothed as it aprpears necessary to
satisfy the varied sections of the Commonwealth, giving our reasons
for such action.

We had 305,028 hunters in Pennsylvania last year who paid a
Resident Hunters' License fee, and I believe that fully a liundred
thousand men hunted without securing a license, the land owner, the
tenant, and their families, under the provisions of law, and the
limited number who hunted in violation of law, making fully 400,000
hunters, some experts, some not, but altogether constituting a force
for destruction that makes one wonder how any living thing in the
shape of game escapes and how it is we have game at all. I am
satisfied that if our birds are to be perpietuated, shooting should not
be permitted for a longer period than one month in this State.
They cannot stand a longer period.

If we had 400,000 hunters in this State last year, and a general
average of flO.OO was expended by each man, and I believe when
one considers the cost of guns, ammunition, clothes, lost time, and
money actually expended in travel, that this amount per man is a
fair average, we have f4,000,000 expended in one season in this
State to destroy what Nature and the Game Commission are expected
to return through the use of less than f40,000 for the same time.
It is apparently just as hard to make good brick today, without
straw, as it was in the olden times, and the Game Commission can-

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not do impossible things, neither can Nature produce ruffed grouse,
or any other kind of game, from wild cats, weasels, hawks, owls,
crows, or other vermin, which in my opinion destroy many times
over the quantity of game taken by men.

It seems to me necessary, therefore, to reduce the season during
which birds may be legally Itilled to one month and to make the time
of the open season fair alike to North and South and East and
West, fix that time for the month of November, a time when the
leaves will have fallen over most of the State, when the weather will
be more suitable for tramps than earlier in the season, when the
game on an extended hunt is not so likely to spoil, when the birds
will be fully mature and better able to care for themselves, and
above all these, at a time when the forests are usually wet from fall
rains and the danger of forest fires, the greatest enemy of both our
forests and wild life, is reduced to a minimum.

Again, considering the many hunters, the accuracy of improved
firearms in use today and the expertness of many in their use, I
believe the bag limit or ruffed grouse, now fixed at fifty (50) per
season, the limit on quail, now placed at seventy-five (75) per season,
and the number of woodcock, now numbering fifty (50) per season,
should be reduced. I have before me statements to the effect that
four men killed two hundred (200) ruffed grouse in a certain section
this season, the same four men killed two hundred (200) ruffed
grouse last year near the same place. One statement is to the effect
that six men killed one hundred eighty-three (183) ruffed grouse on
one hunt. The Oil City Derrick terms this "Wanton Slaughter,"
and it looks that way to the great majority of our people, whether
they hunt or not. T recenty heard of three or four men who on one
hunt in Clearfield county killed a clothes-basket full of ruffed
grouse. These are illustrations of happenings all over the State, six
or eight, or may be ten men in a county doing this thing, while the
\ great majority of hunters get below twenty, or perhaps even ten, or
less, for the season, because the expert has already covered the
ground. I, therefore, feel that the annual limit on ruffed grouse,
quail, and woodcock should be reduced, leaving the daily and weekly
limit as it is. Many men plan for a week's hunt each fall. Some of
them travel long distances ; it may rain one or two, or more, days of
the week thus selected, and it would not be fair to these men to say
that they should not secure a fair amount of game for that week,
as would be the case if the daily limit for grouse was reduced to two
or three per day. or ten per week, as many sugrgrest. The resident of
that section could select fair days and secure his annual limit with-
out trouble, while a man from a distance could not do this. Some
have suggested but two or three open days in a week. This would

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not for the same reason be fair, and I have therefore drawn this
suggestion accordingly. We are sportsmen, let us give and take,
being fair in our decisions to game as well as to those who may
desire to take it. The enactment of this suggestion into law is for
you.

I have talked with numbers of men this fall who have not met with
the success they expected. Some of them said, "We were in the same
place last year and got the limit. This year we saw but few birds."
Last year they killed the producers and now wonder why the supply
has decreased. I am afraid some of these men are not SPORTSMEN.

In my opinion the deer season should begin after the close of the
bird season, say December 1st, ending December 15th, both days in-
clusive. Through the selection of this time as the open season for
deer in this State, the male deer will have been given a chance to pass
through the rutting season unharmed, and be given the full opipor-
tunity to serve the purpose of his creation.

The young male deer reaches the age of puberty at about the age
of fifteen months. The male fawn born in May or June of this year
is simply a baby deer in December of the same year, but before De-
cember of his second year arrives, he has acquired the power of
creating his kind, if given the opportunity. The rutting season in
Pennsylvania starts with the light of the moon in October and ex-
tends at least to the middle of November, in many instances to the
end of that month. Male deer killed in November, either old or
young, therefore have not been given the full time provided by
Nature during which they may increase their kind.

A male deer cannot grow horns, or antlers, during the first year
of its life; the presence of antlers indicates that the animal pro-
ducing them has at least reached the age of puberty and one of the
purposes of the law in providing that no deer should be killed ex-
cepting a male deer with antlers extending at least two inches above
the hair, was to give the male deer the opportunity to perpetuate the
species. If, therefore, our male deer are permitted to reach the
second December of their lives, before being exposed to the fire of the
riflemen, there will be no ((uestion about the increase of deer in this
Commonwealth.

The male deer during the rutting season becomes almost insane, his
eyes bulge, his blood becomes heated, his neck swells, and in this con-
dition he is really not fit for food, and is more easily killed than at
other times. He is looking for does entirely forgetful of enemies.

After the amative season has passed, he begins to return to normal
condition and after a little time makes greater return in weight as
well as flavor to the one who takes him. For really good food he
should be killed before the rutting season.

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In December the leaves will be off the trees, hunters can see what
they are shooting at, and the danger to human life from rifles will be
reduced to a minimum. Deer can also see the hunter at a distance.
Bird hunters will be out of the woods. During this time we fre-
quently have falling weather and the danger of forest fires will be
lowered. During this time in the higher altitudes we frequently have
snows, deer can be tracked and the majority of those wounded be
secured. Violators of the law can the more readily be taken and
punished, and deer killed during this time will keep better Ihan if
killed earlier in the season.

Some will no doubt object to this season for deer upon the ground
that the weather is likely to be cold and unfitted for standing on
watches. This is perhaps true. Many argue that the driving of deer
should be eliminated. The Game Commission contends the law in-
tends to protect game THAT IT MAY INCREASE TO BE TAKEN
BY HUNTERS, and feel that driving deer in a reasonable way is not

objectionable.

Another objection will be that more deer will be killed because of
the ability to track in the snow. In my opinion any gain to the hunter
because of snow will be more than overbalanced by wariness of the
deer at this time as compared with that of the rutting season, and the.
further fact that the deer as well as the hunter has a better chance to
see what is going on around him.

Some suggest that the shooting of deer be prohibited in this State
for a period. Action of this kind will take away from many men in
advanced years the last chance to enjoy a hunt, and while it may
cause an increase of deer and especially bucks, I cannot see that such
action is necessary.

Suggestions relative to the killing of bear come from many direc-
tions and I believe the majority would endorse an open season for bear
extending from November 1st to December 15th, both days inclusive,
with the elimination of bear piens, dead falls, and every other device
for taking bear excepting a gun, in the hands of a sportsman, no set
guns of any character being permitted.

Many fishermen complain bitterly of the harm done to fish by
raccoons. The coon hunter maintains he has as much right to enjoy
his favorite sport as has any other man.

Many complaints come to us regarding the posting of lands by
farmers who profit through such action by selling the rabbits,
squirrels, etc., they may kill on their property. Some suggest that
if thp snnirrpl and rabbit could not be bought and sold in this State
farmers would as an act of self protection be compelled to permit the
killing of especially rabbits on their premises.

You will notice that I suggest that all penalties collected for viola-
tion of this Act shall go to the use of game and wild bird protection.

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At the present time all of these penalties go to the State Treasury for
the use of the Commonwealth. As I said in the beginning of this
article, the sportsmen are today paying all of the expenses necessary
to game and wild bird protection and all benefit accruing because of
this bill should come to them.

It has been suggested as an additional protection to game that the
hunting of red squirrels and other usually unprotected animals be
forbidden during the month of October, in this way removing any
reason for hunters being in the woods immediately preceding the open
season for small game found in such place.

I desire to call yoUr attention at this time to a condition that
should also be remedied and refer to the act requiring counties to pay
the bounty on noxious animals. As the law now stands, County Com-
missioners are required to pay this bounty from county funds and to
await a return of whatever amount may be paid out by them until
the next Legislature makes an approprriation to meet the claim, while
the money paid in through the Resident Hunters' License Law for
this purpose remains unused in the State Treasury. While this is the
law and the Superior Court has ruled that this must be done, many
of the counties- are short of funds and to meet these demands' would
be compelled to borrow money. The County Commissioners object to
doing this, and it seems to me this condition should be corrected in
such manner as will permit the Auditor General to make return to
counties as quickly as possible after claims of this character are pre-
sented in proper form.

After all, I want to call attention to the fact that nothing I can
suggest or that you as sportsmen can do will bring the desired result
without the extermination of vermin. All our efforts will be in vain
unless wild destroyers are likewise destroyed. It is up to sportsmen
to see to it that the bounty as provided for by law is promptiy paid.

Respectfully yours,

I

Harrisburg, Pa.,

December 11, 1914.

JOSEPH KALBFUS,

Secretary, Game Commission.

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