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Master Negative Storage Number PSt SNPaAg239 CONTENTS OF REEL 239 1) Pennsylvania Dept. of Fisheries Report of the Department of Fisheries of the Commonwealth of Pennsylvania, 1906/1907 MNS# PSt SNPaAg239.1 2) Pennsylvania Dept. of Fisheries Report of the Department of Fisheries of the Commonwealth of Pennsylvania, 1907/1908 MNS# PSt SNPaAg239.2 3) Pennsylvania Dept. of Fisheries Report of the Department of Fisheries of the Commonwealth of Pennsylvania, 1908/1909 MNS# PSt SNPaAg239.3 CONTENTS OF REEL 239 (CONTINUED) 4) Pennsylvania Dept. of Fisheries Report of the Department of Fisheries of the Commonwealth of Pennsylvania, 1909/1910 MNS# PSt SNPaAg239.4 5) Pennsylvania Dept. of Fisheries Report of the Department of Fisheries of the Commonwealth of Pennsylvania, 1910/1911 MNS# PSt SNPaAg239.5 6) Pennsylvania Dept. of Fisheries Report of the Department of Fisheries of the Commonwealth of Pennsylvania, 1911/1912 MNS# PSt SNPaAg239.6 ^.^-«^.i -n CONTENTS OF REEL 239 (CONTINUED) 7) Pennsylvania Dept. of Fisheries Report of thie Department of Fisheries of the Commonwealth of Pennsylvania, 1912/1913 MNS# PSt SNPaAg239.7 8) Pennsylvania Dept. of Fisheries Report of the Department of Fisheries of the Commonwealth of Pennsylvania, 1913/1914 MNS# PSt SNPaAg239.8 9) Pennsylvania Dept. of Fisheries Report of the Department of Fisheries of the Commonwealth of Pennsylvania, 1914/1915 MNS# PSt SNPaAg239.9 Author: Pennsylvania Dept. of Fisheries Title: Report of the Department of Fisheries of the Commonwealth of Pennsylvania Place of Publication: Harrisburg Copyright Date: 1906/1907 Master Negative Storage Number: MNS# PSt SNPaAg239.1 <1918811>* Form:serial2 lnput:BAP Edit:FMD 008 ENT: 960418 TYP: d DT1: 1904 DT2: 1917 PRE: a LAN: eng 010 sn 86035214 037 PSt SNPaAg238.4-240.2 $bPreservation Office, The Pennsylvania State University, Pattee Library, University Park, PA 16802-1805 086 PY F532.1 $2padocs 090 09 SH1 1 $b.P47 $l+(date) $cax $s+U1903/04-U1916/17 090 20 Microfilm D344 reel 238.4-240.2 $l+(date) $cmc+(service copy, print master, archival master) $s+U1903/04-U1916/17 110 1 Pennsylvania. $bDept. of Fisheries. 245 1 0 Report of the Department of Fisheries of the Commonwealth of Pennsylvania. 246 1 $iVol. for 1907/08-1916/17 have title: Report of the Department of Fisheries of the Commonwealth of Pennsylvania 260 [Harrisburg $bThe Dept.] $bWM. Stanley Ray, state printer of Pennsylvania $c1 905-1 91 8. 300 V. $bill. $c23-25 cm. 310 Annual 362 0 1903/04-1916/17. 515 Suspended Nov. 30, 1917-May 31, 1922. Vol. for 1903-04 covers the period from June 1 , 1903 to Nov. 30, 1904; report year ends Nov. 30. Microfilm $m1 903/04-1 91 6/1 7 $bUniversity Park, Pa. : $cPennsylvania State University $d1998 $e3 microfilm reels ; 35 mm. $f(USAIN state and local literature preservation project. Pennsylvania) $f(Pennsylvania agricultural literature on microfilm) Archival master stored at Nalional Agricultural Library, Beltsville, MD : print master stored at remote facility This item is temporarily out of the library during the filming process. If you wish to be notified when it returns, please fill out a Personal Reserve slip. The slips are available in the Rare Books Room, In the Microforms Room, and at the Circulation Desk 650 0 Fisheries $zPennsylvania $xPeriodicals. 650 0 Fish-culture $zPennsylvania $xPeriodicals. 780 80 Pennsylvania. Board of Fish Commissioners. $tReport of the Fish Commissioners of the State of Pennsylvania for the year ... 785 80 Pennsylvania. Board of Fish Commissioners. $tBiennial report for the period ending ... 830 0 USAIN state and local literature presen/ation project $pPennsylvania 830 0 Pennsylvania agricultural literature on microfilm 515 533 590 590 Microfilmed By: Cinalienge Industries 402 E. State St P.O. Box 599 Ithaca NY 14851-0599 phone (607)272-8990 fax (607)277-7865 www.lightlink.com/challind/microl.htm IMAGE EVALUATION TEST TARGET (QA-3) 1.0 I.I 1.25 Hi 163 2.8 14.0 1.4 2.5 2.2 2.0 1.8 1.6 150mm 6" ^IPPLIED A IIVMGE . Inc j^i 1653 East Main Street '^='- Rochester. NY 14609 USA -^='-= Phone: 716/482-0300 '^=''^=' Fax: 716/288-5989 © 1993, Applied Image, Inc., All Rights Reserved REPORT OF THE DEPARTMEIT of FISHEEIES OF THE COMMONWEALTH OF PENNSYLVANIA, FROM DECEMBER 1, 1906, TO NOVEMBER 30, 1907. HABRISBURG, PA.: HARRISBURQ PUBLISHING CO., STATE PRINTER. 1908. OFFICIAL. DOCUMENT. No. 21. DEPARTMENT OF FISHERIES OF THE COMMON- WEALTH OF PENNSYLVANIA. COMMISSIONER OF FISHERIES. WILLIAM E. MEEHAN, Oflice, Haidsbuig. BOARD OF FISHERY COMMISSIONERS. WILLIAM E. MEEHAN, Presideut. JOHN HAMBERGER, Erie. HENRY C. COX, Wellsboro. ANDREW R. WHITAKER, PhoenixviJlo. W. A. LEISENRING, Mauch Chunk. SUPERINTENDENTS OF HATCHERIES. Corry Hatchery No. 1, William Buller, Corry, Pa. Erie Hatchery No. 2, Philip H. Hartman, Erie. Bellefonte Hatchery No. 3, Howard M. Buller, Bellefonte, R. F. D. No. 2. Assistant Superintendent, B. O. Webster, Bellefonte, R. F. D. No. 2. \Vayne County Hatchery No. 4, Nathan R. Buller, Pleasant Mount. Torresdale Hatchery No. 5, Jerry R. Berkhous, Holmesburg, Phila- delphia. Erie Auxiliary No. fi, (Union City Hatchery). Abraham G. Buller, Union City. Spruce Creek Hatchery No. 7, Wm. F. Haas, Spruce Creek. Crawford Hatchery No. 8, W. H. Saflford, Conneaut Lake. v9 (1) 1—21—1907 IN MEMORIAM. Walter L. Powell, who died Sunday, March 24, 1907, was for several years a member of the State Fish Commission and for a period its Treasurer. He was 54 years old, and was born at Mount Holly, New Jersey, where, in bis early manhood, he was for a while a clerk in a grocery store. From Mount Holly he went to Phila- delphia where he became a salesman for a Philadelphia n:rocery firm. About 23 years ago he located in Harrisburg, and was one of the founders of the Harrisburg Grocery and Provision Company, and was also one of the founders of the Harrisburg Board of Trade and was its first President. Mr. Powell was an enthusiastic angler and when the Board of Fish Commission was re-organized under Gover- nor Beaver's administration, he was appointed a Commissioner with Henry C. Ford, Henry C. I>emuth, George H. Welshons and Louis Streuber. Mr. Powell was made the Treasurer of the Board and held that office until his retirement under Governor Pattison's sec- ond administration. (2) (3) (4) OFFICIAL. DOCUMENT. No. 21. LETTER OF TRANSMITTAL. Uonorable Edwin S. Stuart, Governor of Pennsj^lvania, Harrisburg, Pa.: Sir: I have the honor to herewith present the report of the De- partment of Fisheries for the year beginning December 1, 1906, and ending November 30, 1907, the fourth report since my incumbency as Commissioner of Fisheries. The growth of the work of the Department during the year was phenomenal, greatly exceeding that of the previous year, as you will observe by the summary which is herewith appended for your con- venience. The total output from the liatcheries from December 1, 1900, to November 30, 1907, was 663,387,524 fish, frogs and aquatic plants, as against 397,663,790 the previous year. Three dwelling houses were provided for Superintendents and Assistants on hatchery grounds in order to have those officers con- tinually on the spot and save the cost of watchmen. Two barns were built for live stock and work rooms. Two hatching houses, one 100 feet long by 40 feet wide, and another 60 feet long by 30 feet wide were erected, and a third the size of the latter started. The jar capacity of a third house was increased which will enable a marked expansion in the output of fish in the near future. Three large ponds averaging over half an acre each for bass and sunfish, 21 ponds for trout and 9 ponds for bass fry were built, and two large ponds for yellow perch began the year before were completed. More than a dozen ponds for trout at the Corry Hatch- ery, which had fallen into decay, were rebuilt. A contract was awarded for the building of a steam tug 70 feet long with a sjK'ed of 17 miles an hour for the use of tbe Depart- ment on Lake Erie. Marked progress was made towards placing bass culture on as secure a foundation as trout culture. There was a decided ex- pansion in field work, thus saving from wasteful loss hundreds of millions wild fish eggs, notably white fish, lake herring, wall-eyed pike, pickerel, yellow i>erch and shad, owing to a specific appropria- tion therefor, made at the last session of the Legislature. The Department began experimental work artificially propagat- ing fresh water pearl mussels, receiving three species from the United States Government, two of which yield pearls, and two, the shells of which are valuable for making pearl buttons. Complete success was achieved in experimental work with the propagation of the sucker. Unqualified success was also made with the pro- pagation of sunfish. Reports from all over the State indicate that game fishing has materially improved through the heavy stocking by the State in the last three years. Reports also indicate that the Department's efforts to re-establish yellow perch and pickerel in suitable waters (5) REPORT OF THE Oft. Doc. throughout the state are bearing good fruit. Reports from Lake Erie show beyond reasonable doubt the re-establishment of the white fish industry in the waters under the jurisdiction of Penn- sylvania. Reports also indicate a slight improvement in the shad industry of the Delaware. Through the encouragement of the Department one new com- mercial trout plant was started, and a second projected. The warden service as re-organi/.ed with such good effect that a marked increase in respect for the fish laws was noted at the end of six months. The total number of arrests for the year was 536, with 477 convictions, and 59 acquittals. Only 22 convicted persons went to jail in lieu of payment of fines. The cordial relations existing between the Department of Fish- cries and the United States Bureau of Fisheries and P^sh Commis- sions of other states remain as strong as heretofore, and last spring New Jersey co-operated with Pennsylvania in shad propagation on the Delaw'are river. The co-operative work between the United States Bureau of Fisheries and Pennsylvania in gathering wild eggs on Lake Erie, which has prevailed for several years, was notably expanded during 1907. Respectfully, W. E. MEEHAN, CJommissioner of Fisheries. OFFICIAL DOCUMENT. No. 21. REPORT OF THE BOARD OF FISHERY COMMISSION. Harrisburg, Pa., December 1, 1907. To the Honorable Edwin S. Stuart, Governor of the Commonwealth of Pennsylvania: Sir: The Board of Fishery Commission of the Department of Fish- eries has the honor and pleasure to submit to you its fourth annual report. In its presentation of the work of the Department of l^^sh- eries for 1906, made to the Uonorable Samuel W. Pennypacker, it said: "The Commissioner of Fisheries and the Board of Fishery Com- mission have endeavored to demonstrate that the Legislature did wisely in its session in 1903 in creating the Department of Fisheries. In reviewing the work which has been done we feel that we need not be ashamed. We have not yet accomplished all that we set out to do, but each year's work has shown progress to a marked degree, both in fish culture and in fish protection." We are gratified to be able to say that the work for 1907 shows as marked an increase as 1906 did over 1905 and preceding years. In fish culture the output aggregated the great total of 663,295,524, or about two-thirds greater than the output of 1906, and within 135,- 339,124 of the combined outputs of 1902, 1903, 1904, 1905 and 1900. The following is the table of the output from 1902 to 1906, in- clusive: 1902, 109,945,233 1903, 68,516,650 1904, 78,985,867 1905, 143,550,108 1906, 397,636,790 Total, 798,634,648 That the increase is healthy and not abnormal is shown by the fact that the output remains "^this year as last proportionately the same as that of the United States Bureau of Fisheries, namely, one- fifth, the Government work being in the aggregate about 3,000,- (7) REPORT OP THE Off. Doc. 000,000 for the year 1907. As in former years, the relationship be- tween the United States Bureau of Fisheries and the Department of Fislieries of Pennsylvania has been very clo&e and the great out- put from the State hatcheries was greatly assisted by the United States Government. The lake trout eggs, cut throat trout eggs and a portion of the rainbow trout eggs were contributed by the United States. The white fish, lake herring and wall-eyed pike eggs were gathered by the United States Bureau of Fisheries in Lake Erie under an agree- ment, Pennsylvania paying its share of the cost. This agreement has been in for(^e for a number of years and was brought about by Commissioner Meehan during the existence of the Fish Commission. A number of years ago Pennsylvania, Ohio and the United States gathered the eggs of these species of fish each through their own subordinates. The result was confusion, unfortunate rivalry and high priced eggs. In order to put an end to these undesirable conditions, the Commissioner suggested to United States Commissioner Bowers that the United States Bureau take in hand the sole work of gathei- ing the eggs in Ohio waters where the sixjiwning fish were most abundant; that the eggs be divided among the hatcheries of Penn sylvania, Ohio and the United States on Lake Erie in proportion to their capacity and that the two states and the United States pay the pro rata cost of gathering. This was agreed to and as it worked well the agreement has been continued yearly since. The Stat<' of New York also contributed towards the output with /),0()0,(K)0 smelt eggs in exchange for which the Department sent New York slate a supply of trout fiiigcrlings with which to stock the breeding ponds of the New York State Hatchery at Cold Spring Harbor, Long Island. The New York Commissioner had also directed a (juantity of muscallonge eggs to be sent from the New York State Hatchi'ry at Bemis Point, but through a misunderstand- ing they were not sent by the Superintendent of that Station. These eggs it was intended to hatch and i)lant in Conneaut Lake for the purpose of increasing the number of that great fish in that lak*^ for breeding purposes. Several of the commercial trout hatcheries in Pennsylvania also gave their surjilus eggs to the Dcj)artnient, the only condition being that we should send skiHed spawn takers to assist in gathering them. Several million eggs were thus obtained from the Penn Forest Brook Trout (^)mi)any, the Crystal Spring Brook Trout Com- pany, the Weissport Hatchery and from the Blooming Grove Hunt- ing and Fishing Club, the laigest tjuantity coming from the first named and the smallest from the last. The Commissioner of Fisheries feels that while these eggs are freely given the state in the manner described, it would be better if they were obtained in some other manner. He states in his report that the cost of sending men to these hatcheries and gathering the eggs amounts to about fifteen cents a thousand eggs. He bc^lieves it would be better in every way for the Legislature to make a special ap]no]iriation for the purchase of surjdus eggs from the hatcheries not exceeding a certain stipulated i)rice. While this price would be under the regular market rate for green eggs, he No. 21. DEPARTMENT OF FISHERIES. holds that it should be acceptable since it would only be the sur- plus eggs, and that it would be an encouragement to the commer- cial hatcheries to keep up their plants to the highest point of effi- ciency, knowing that all their eggs, which ought to be taken, for the benefit of the fish, would be utilized. It would be of advantage also to the state since it would not render it necessary to take the most skillful spawn takers from the state hatcheries at a time when they could profitably be used at home. We agree fully with his conclusions and recommendations. The eggs which were a free gift, have been an important addition to the State's output, and we cannot thank the owners of the commercial hatcheries too heartily, and we are in hearty accord with the Com- missioner in the efforts he made to secure those eggs. The take of white fish and lake herring eggs in the fall of 1900 was about the same as in former years, but there was a heavy gain in the take of wall-eyed pike ("ggs. More eggs were handled than in any time in the history of fish cultural work in Pennsylvania. The number exceeded 2(MK(MH),000. As the eggs of these fish hatch very rapidly, it is ditticult to fill the Erie hatchery with its nearly 500 jars, but not only was this station crowded with eggs, but over- fiows were sent to forresdale and to Wayne. There was also a marked increase in the number of yellow perch and pickerel eggs gathered and hatched. There is no species of fish so easy to handle as the eggs of the yellow ikm'cIi and pickerel and they are also easily obtained. An outi)ut of each is only limited by the money available to pay the cost of gathering and the capacity of the hatcheries. From reports received, the plantings of wall-eyed pike, perch and pickerel have been showing remarkable results in the interior waters and some real astonishing statements have been received showing the increase of yellow perch. The character of the per- sons making the reports are. how<'ver, so high as to leave no doubt whatever as to their truthfulness and we feel that the outputs of all three species, especially of yellow perch and pickerel, should be trebled or (piadruided at the earliest possible moment. The Department made elaborate ]>reparations during 1907 to greatly increase the outjmt in 1008, the Legislature approving by making appropriations towards that object. A battery containing 350 jars was erected at the Crawford hatchery at Conneaut Lake, a worn out battery at the Erie hatchery torn out and replaced by a new one with an increased capacity of 20 jars, a hatching house at Corry remodelled to give an increased ca|>acity for trout, and a new hatchery house, with a capacity of 4,000,000 trout, built at Spruce Cre<'k Station, Huntingdon county, are among some of the pre])arations made for a greatly increased out put in 1908. The various hatching batteries in the State hatcheries now con- tain nearly 1,600 jars, having an aggregate capacity of over 0,000 quarts of eggs at one time. This number it is intended to increase during the year 1908, if possible. Fourteen new trout ponds for breeding ]>uri)Oses were built at the Belief on te hatchery, three at Spruce Creek and four at Wayne. All of the old ponds near the entrance of the Corry hatchery were also overhauled and rebuilt, 10 REPORT OF THE Off. Doc. No. 21. DEIPARTMENT OF FISHERIES. u permitting a marked increase in the number of brood fish at that station. A large pond for bass was also built at the Crawford hatchery, together with two fry ponds. A large yellow perch pond was com- pleted at that station. This pond will have a capacity of at least 10,000 brood p-erch. A number of bass fry ponds were built at Union City and a large yellow perch pond completed. A pond for sunfish covering about a quarter of an acre was built at Torresdale and also a commodious fry pond. Among the items in the appropriation bill designed to assist the Department to increase its output of tish was a sum for the build- ing of a steam tug for Lake Erie. A contract was awarded an Erie ship building concern for a tug 70 feet long and capable of .lavigating any part of Lake Erie in any kind of weather. When this boat is coiiii)leted and in commission, it is the intention of the Department to gather lake fish eggs from Canadian waters, and ne- gotiations are now under way towards securing them through the assistance, if possible, of the Canadian Government. The boat is 4O be completed by the first of June, 1U08. There was a marked improvement in the shad fisheries on the Delaware river in 1007. More fish were caught, according to un- official reports, than in any year since 1900. They also brought a much higher price, and it is said that nearly every shore and gill net fisherman made money. It was a curious fact, however, as well us disappointing, that a majority of females which entered the river were not in a condition to yield their eggs to the spawntakiers. A great majority were very hard and there was an unusual number that only lacked 24 hours of being ripe. Owing to the inci'eased number of fish and closer attention being paid and also a greater interest among the fishermen, the Depart- ment was enabled to gather many more eggs than for s'everal years previous, the number reaching nearly G,000,00t), allowing an out- put of over r),t)0t),000. The shad fisheries of the Dl'laware river have been giving the Board of Fishery Commission some concern. For several years the weather has Oeen unfavorable for a large run and in the face of this, no skill, no effort on the part of the fish culturists can avail. With the tremendous mortality among very young and old shad, such a condition must mean a diminution in the number of fish, hence when unfavorable weather conditions do prevail the industry must be below normal and make the restora- tion of the river difficult. Many years ago the United States Government attempted to hold shad in cribs until the eggs were ripe, but the experiments were failures. It was found possible to hold the males. This latter fact has given the Commissioner of Fisheries encouragement to believe that there must be some way of ripening the females in cribs. He holds that it is inconceivable that one sex can be successfully carried in this manner and not the other. He will therefore conduct a series of experiments for the DepartuK^it next spring on the Dela- ware river. The black bass culture was a curious mixture of success and fail- ure. There are ponds for the rearing of fish of this s[>ecies at the Crawford hatchery, Conneaut Like, another at Union City, Erie county, another at Spruce Creek, Huntingdon county, a fourth at Torresdale hatchery, Philadelphia, and a fifth at the Wayne hatch- ery, Pleasant Mount, Wayne county. The one at Torresdale is for large mouth bass exclusively. The others contain only breeding small mouth bass. There was found no difficulty whatever in inducing the parent bass in every one of the ponds to build nests and hatch the eggs. With the exception of the Crawford hatchery, the troubles began after the fry had lost their sacs and the little creatures began to feed. At Crawford hatchery 'a sudden and severe frost in June lowered the temperature of the water to 44 and killed the entire first crop of eggs and fry, estimated at about 50,000. A second crop produced from fish gathered in the sirring from Lake Erie produced about 40,000 fry. By augmenting the natural food in fry pond with artificial food, the bass at the end of 85 days had attained a length of from an inch and a half to two inches, with a minimum amount of can- nibalism so that .32,(MJ<> were shipped. Under the circumstances the output from this hatchery therefore was a brilliant success, especially in view of the fact that there were only about 50 breed fish or about 35 females. At the Union City hatchery the brood pond was much larger and there was a greater number of brood fish and it is estimated that about 200,01)0 young fish were hatched. Fifty thousand advanced fry were planted from this hatchery in Lake Erie, and at the age of 35 days, 22,650 were shipiK'd to applicants. The remainder were destroyed by cannibalism before shipment could be made. At Spruce Creek about 25,t)O0 were hatched, but about a week after the fry were placed in the one fry pond available, algae ap- peared and before it could be disi)osed of and the young fish gotten out, all but 2,200 were destroyed through cannibalism. The hatch at Wayne County was a total loss together with many thousand collected by field work. Algae and a drought, according to the Superintendent of the Station, prevented any at- tempt to fill the applications. The total output therefore of black bass was less than 100,000. Tlies(» figare.s might seem to some, and to this Board indeed, four years ago, would have seemed gratify- ingly large, but under the circumstances, and in this we have the concurrence of the Commissioner himself, the output was disap- pointingly small. We feel, and the Commissioner of P^isheries feels that in the future every Superintendent should strain every nerve to get the fish out to applicants with the same promptness that was exhibited by the Superintendents of the Crawford and Union City hatcheries. If this be done we feel there will be an appreciable increase in the outjmt in 1008. A disease called sore throat broke out simultaneously in the Corrv Spruce Creek and Bellefonte hatcheries last February causing a loss of about 3,000,000 young fish. The causes are discussed in their proper places by the Commissioner and Superintendents. The Superintendents of the different hatcheries still find difficulty in successfully rearing frogs and it appears from their reports that there are still many problems to be solved before a large output is an annual certainty. 12 REPORT OF THE Off. Doc. The Board made an inspection of the hatcheries during the year, found many improvements completed and in progress, but showing the need for larger appropriations. The Corry hatchery, the oldest station belonging to the state, has been for some time until this year in a deplorable state. There were not a half dozen of the nearly 50 ponds in a fit condition to hold fish. The hatching houses had deteriorated and the barn was in danger of falling down. For these conditions neither the Superintendent nor the Department of Fisheries nor the old Fish Comniission were in any wise to blame. The reason was simply that there was not money enough to keep up the plant properly. When the Department took charge it did what it could, expend- ing a little each year. This year, on account of a si)ecial appro- priation to the new hatcheries, it became possible to devote a few hundred dollars of the regular hatchery money towards putting things in shape. A new barn has been built, material to recon- struct all the ponds purchased and the interior of the oldest hatch- ing liouse thoroughly renovated. It would take about |?.'5,000 to put this hatchery in the condition it ought to be. The Erie hatching house is too small for the work it is called upon to do, and should either be enlarged or a battery house built at Union City or both. The Union City hatchery is in a surprisingly well advanced state considering that it is only two years old. One section is enrirely completed except for the planting of trees and the final sodding and a second section well under way. A large amount of work has been done also at the Crawford hatchery. Started under great difliculties in June, IDOG, without a building of any kind thereon and high water to contend with, there is today a neat dwelling house for the Superintendent, a good barn for the cattle, tools and wagons and a capacious hatching house capable of holding three batteries and over a thousand jars, and already eciuipped with 350, a large bass i)ond, a sunfish pond nearly as large, a yellow perch pond and three fry ponds. The building of two more fry i)onds will complete one section of this hatchery save for the grading which is now under way. A driveway is badly needed into this hatchery. At present there is nothing but the right of way in and the Board trusts that the Legislature will make a suitable apropriation for this purpose at its next session. We found the Bellefonte hatchery in a condition to incite nothing but unstinted praise. There are nearly 00 ponds ])ermanently built, a neat hatching house and the general suroundings very satisfac- tory. Progress is regular and marked, and, according to a state- ment of a well known fish culturist in another state, there are more brood trout in this hatchery than in any hatchery of the United States Government or any state, not including commercial hatch- eries. Less i)rogress is at first glance apparent in constructing the Spruce Creek hatchery, which was started about a month later than the Crawford hatchery, but this was due chiefly to the necessity of first providing ponds for bass, located at the lower part of the grounds and to completing some elaborate preparations before be- ginning the construction of the trout ponds at the upper end of the hatchery. These preparations have been completed and by No. 21. DEPARTMENT OF FISHERIES. u the time the next appropriation is available, one section of the hatchery should be finished. As it is, unless some untoward event happens, the output from the Spruce Creek hatchery should be as important as from any hatchery under the control of the Depart- ment, though naturally not as large as one in which there are bat- tery hatching houses. The Torresdale hatchery is almost completed and it will soon be necessary to ask the city of Philadelphia to assign additional land in order to enlarge the plant. Many improvements have also been made at Wayne and the section immediately surouuding the trout house is completed and graded. A State road is also being built into the grounds. The Board desires to place on record its appreciation of the in- terest and enthusiasm which the Superintendents and most of the men on the hatcheries display in their work. Few men employed by the State have as hard work or as long hours often necessary as those engaged in fish cultural work, yet it is seldom that a com- plaint is heard. The fish protective work for the year has been as gratifyingly suc- cessful as the fish cultural work as a whole. The total number of arrests for violation of the fish laws somewhat exceeded those of last year. The relative proportion of convictions remained about the same and a less number of persons s-ent to jail in lieu of paying their fines. The amount of fines imposed was very nearly the same as last year and the collections were nearly alike. The regular wardens made more than three times as many arrests as the specials and the amount of fines imposed were likewise three times. The total arrests were 536 Total convictions, 477 Total accpiittals, 59 Committed to jail 22 Finc;i imposed, |14,805 Fines paid, 8,295 Appeals to court, amount of fines 3,850 Sent to jail, amount of fines, 2,660 The arrests by classes were as follows: Number of arrests by regular wnrdcns, 398 By special wardens, 112 By State Police and Constables, 26 The bulk of the violations were for infractions of the fish basket laws, the gigging laws and improper taking of fish by drawing oflf dams. Apart from these three offenses there has been a marked diminution in violation of the fish laws. This is especially true with respect to violations relating to the catching of game fish or the sportsman's fish. It is among those who fish for the market or for the table and petty sales and among a certain t3'pe of foreign element that most of the fish law violators are to be found. The last named type give particular trouble. Coming to this country for a brief time and merely for the purpose of gathering 14 REPORT OP THE Off. Doc No. 21. DEPARTMENT OF FISHERIES. 15 together as much money as possible to take back to the MotKer country, many misconstrue liberty to mean license and hold every law in utter contempt. Many of them do not hesitate at murder or attempted murder to escape even the trifling penalties imposed for violation of the fish laws. Several of the wardens have been shot at during the year by this class of foreign element, though fortunately none were injured. One warden was attacked by a number of supposed natives and badly injured, but this is the only case of serious resistance on the part of native born or the more in- telligent class of foreigners resident here. There are 154 special wardens and nine regular wardens, includ- ing the chief warden, and while only 27 of the former class made any arrests, most of the remainder were useful and justified their appointments on account of the moral influence which they exerted to prevent violations of the fish laws. With so many men com- missioned and with the difficulty of making a close examination into the character of each, it might be expected that a number would not deport themselves properly, but the Board is glad to say that less than half a dozen complaints alleging clear neglect of duty were made, and of these only thrcM? were proven — two were of a criminal nature and both were arrested and fined, one in the sum of 150 and the other in the sum of |1,3()0. The latter George Riley, being unable to pay this money went to jail for i;^00 days. Some of his friends and persons unaware of all the circumstances con- cerning the case and thinking the penalty excessive when com- pared with the character of the ofl'ense charged, sought to obtain his pardon. The State Police that made the arrest, the Commissioner of Fish- eries under whom Riley had been as a special warden, and the Secre- tary of the Game Commission under whom the man had also bd'U a special game warden, entered protest against the granting of clemency by the Board of Pardons. This Board does not believe as a ruie in running up fines to large amounts, but in this case, knowing all the circumstances, it feels that the man received no more punishment than he richly deserved. He was a sworn officer of the law. He violated both his oath of office and the laws which he was appointed to maintain. The same may be said of the other warden, whose name is Philip Miller, and the one regret that the Department has is that a heavier penalty could not have been imposed. The third case of dismissal was that of a special warden, who possibly more through ignorance than insolent intention, attempted to interfere and obstruct one of the regular wardens while in dis- charge of his duty. An investigation was made, the parties who had oriffinallv recommended him. admitted the impropriety of re- taining him and he was thereupon dismissed. With the enlargement of the appro])riation for wardens, this Board reorganized the service. Authorized under the Act of 1901 to appoint 12 salaried wardens, it had money enough only to ap- point nine and to pay their reasonable expenses. To do this much even it was impossible to make the salaries of the rank and file more than I||t50 a month or to allow average monthly expense of over f40. To the chief warden was given |75 a month with reasonable expenses. As there were but nine wardens it was necessary to apportion to each warden at least seven counties and to others eight, a territory entirely too large for one man to thoroughly patrol. New rules and regulations were adopted which will be found ap- pended to the chief wardens' report. Difficult as it has been for the regular wardens to thoroughly cover their territories, the results prove conclusively that the system of salaried wardens under pro- per regulations is the best. We feel that at the next session of the Legislature the number of regular wardens should be increased to at least 25 and money appropriated to pay them. We also be- lieve that owing to the hardships and dangers of the work that a sufficient sum should be appropriated to permit the payment of a larger salary and a greater allowance for expenses. Forty dollars a month or less than |1.50 a day is too small for reasonable ex- penses. At the last Legislature there were three changes made in the fish laws. One was in the form of an intended amendment govern- ing legal procedure. This the court within two or three months declared unconstitutional. A second was a law changing the meth- ods of operating fish baskets. In some respects it is in the opinion of this Board an improvement over the original law, but in many respects it is unjust, both to the State and the fishermen, and is destructive to the game fishes. According to the report of the chief warden, the great majority of the baskets were not constructed strictly in accordance with the law, and there is strong reason for believing that many of the lincensees retained what game fish found their way therein. To de- tect such a violation is almost impossible and a man who would violate that provision of the law would probably not hesitate to take the affidavit required that he had not kept or allowed anyone to keep game fish. With the beginning of December such affidavit!? came in in numbers. The Board have grave doubt of the cor. stitutionality of the act, but it is the part of the defendants and not of the Department to raise this question. The evil effects of the gigging law are generally admitted. In certain sections scarcely any attention was paid to the provisions, especially the one relating to the use of the device in public waters. This law is also ap- parently unconstitutional and the question has been raised by a defendant in the York County Court. The items asked for by the Department in the general appropria- tion bill which were left undisturbed, are working out satisfactory, but those which were cut with severity are causing thp Department serious trouble and it is doubtful whether by the practice of the most rigid economy, it will he possible to mixkv both ends meet. This is particularly the case with the items for counsel fees and expenses of Commissioners^. Four thousand dollars were asked for in each case. Many lawyers seeking fees for themselves have been inducing defendants plainly guilty, to contest in the hopes of getting them off on some technicality. This, of course, means a fee. A very proper ambition y)Ossibly, but one which is adding materially to the expenses of the Department. Until this scheme for increas- ing legal business was devised it was rarely necessary for the De- partment to employ a lawyer before a magistrate or a justice of 16 REPORT OF THE Off. Doc. the peace. Now in at least two cases out of live, such employment becomes necessary, and in the majority of these cases appeals are taken to court, which means a further expense. The legal expenses for the two years ending June, 1906, were more than the amount allowed for the years 1907 and 1908, and this in the face of the fact that an amount for a deficiency had to be put in the general appropriation bill. The amount for the ex- penses of the Commissioners was also less than the amount actually expended by the Commissioners in the previous two years, and that depite the fact of an authovized increase in the number of hatch- eries. The greatest expense, is, of course, incurred by the Commissioner of Fisheries, who must necessarily pay frequent visits of inspection to the hatching stations, and this business carries him often to dif- ferent parts of the state and elsewhere on behalf of the Common- wealth's affairs. Such journeys naturally call for the expenditure of money. If a sufficient sum be not appropriated to enable these journeys of inspection whenever necessary, tne work must inevit- ably suffer. The Board feels that at the next session of the i.egisiature these two items should be increased. It believes also that the apropria- tion to the hatcheries should be mcreased by at least |1,000 a year for each hatcherv, out of the necessity for increased help and in- creased cost of 'labor, and also for the annual growth and im- provement of the stations. It believes also that a much greater increase should be made to the item for field work. The present sum is 14,000. Field work is as an imi)ortant factor as hatchery work. It is field work which produces the eggs of the shad, the white fish, the lake herring, the wall-eyed pike, the yellow perch and the pickerel. Forty thousand dollars would be none too much for two years. These recommendations are endorsements of the Commissioner's position and which recommendations will be found more in detail in his report, which, together with the reports of the chief warden and the Superintendents of the hatcheries, is found appended to this report. The above is respectfullv submitted. W. E. MEEHAN, HENRY C. COX, JOHN HAMBERGER, ANDREW R. WHITAKEK, W. A. LEISENRING. No. 21. DEPARTMENT OF FISHERIES. 17 REPORT OF THE COMMISSIONER OF FISHERIES. The Department of Fisheries was established June 1, 1903, it succeeding a Fish Commission which had had charge of the fish cultural work of the state for many years before. Comparing the work done in 1903 with that accomplished in 1907, it would appear that the Department of Fisheries has expanded into a very large and important function of the state government. Nevertheless it must be evident to those who peruse this report carefully that the expansion which has taken place within the last four years is but a beginning, and that another four years should show an increase as relatively great. In 1903 there were two hatcheries in full operation the year round for the proi)agation of brook trout, a Held hatchery on Lake Erie open throughout the year and a field station on the Delaware river for the i)ropagation of shad and therefore o])erated only about two months in the year, when it was operated at all. One of the two trout hatcheries was owned by the state and there was an average annual output of betwen two million and a half and three million fish. The other was on rented ground and the average annual output was about a million and a half. The two stations ordinarily i)rodu('ed from thn^e million to four million fish a year. It was rare that the field station at Erie produced 100,000,000 fish annually. The total acreage of land ownenl and leased by the State for fish hatching jjurposes was less than 40 acres. Since the establishni(^nt of the De]»artm<*nt the number of hatch- eries has increased to eight, with a total of nearly 200 acres of land, all of which is ownORT OF THE Oft. t}oC 30 acres and not more than five acres have ponds constructed there- on. At Bellefonte there are about 35 acres and less than four acres are today in use. As money becomes available the pond areas and hatching houses will naturally be added to and the outputs of fish increase in pro- portion. As it is the outputs from the hatcheries in Pennsylvania, through the ponds on its stations and field work, is greater than any other two or three states in the Union combined, with the ex- ception of New York. The number of species of fish propagated has also been greaBt*ARTM£NT OF FISHERIES. 1» Ix)ck Leven Trout, . . . . T 40,000 Total, 40,000 White Fish Fry, 39,445,000 White Fish, fingerlings, 1,500 Total, 39,446,500 Yellow Perch, adults, 75 Yellow Perch, advanced fry and fingcrling, 237,601,375 Total, 237,601,450 Pickerel, fry, 249,000,000 Total, ' 249,000,000 Rock Bass, adults, 209 Total, 209 Brook Trout, advanced fry and fingerling, 8,377,750 Brook Trout, adults, old males, 2,259 Total, 8,380,009 Rainbow Trout, 270,000 Total, 270,000 Suckers, 10,000 Total, 10^000 Wall-eyed Pike, fry, 107,773,250 . Total, • . . 107,773,250 Shad, 5>834,000 Total 5,834,000 Black Bass, large mouth, fingerlings, 1,600 Black Bass, large mouth, adults, 123 Total, ^>^23 Black Bass, small mouth, fingerlings, 87,200 Black Bass, small mouth, adults 433 Total, S1,Q^^ 20 REPORT OF THE Oflf. Doc. Tadpoles, * 92,900 Total, 92,900 Lak-e Herring, fry, 7,000,000 Total, 7,000,000 Aquatic Plants, 450 Total, 450 Smelts, 5,000,000 Total, 5,000,000 SUMMARY. Goldfish, 659 Catfish, 39,230 Sunfish, 19,330 Sunfish, blue gill and long ear 163,689 Lake trout, 2,512,000 Calico bass, 15,483 Loch Leven trout 40,000 White fish 39,446,500 Yellow perch, 237,601,450 Pickerel, 249,000,000 Rock Bass 209 Brook trout, 8,380,009 Rainbow trout, 270,000 Suckers 10,000 Wall-eyed pike, 107,773,250 Shad, 5,834,000 Black bass, large mouth, 1,723 Black bass, small mouth 87,633 Tad-poles, 92,900 Lake Herring, 7,000,000 Smelts, 5,000,000 Aquatic plants, 450 Total, 663.387,524 No. 21. D-EPARTMENT OF FISHERIES. 91 THE FISHING SEASON. For the last three years in reviewing the results of the fishing for the year, 1 was able to show a general increase each year, with the exception of one species, shad, but this year I am glad to say that I do not even have to except this splendid food fish. While the number of shad caught in the Delaware river was not as great in 1907 as in 1899 and for .the previous nine years, it was greater than any year in the present century. Prices also ruled higher, hence it *is stated that most of the fishermen made money. As a rule, the shad fishermen "cut out" their nets about the second of June, and it is very unusual to find many gillers after that date. This year the shore fishermen operated their nets to within a week of the close season with onlv but two exceptions, and the gillers drifted almost to a man untii the last day of the open season. The prob- able causes which hold to this increase will be discussed by me under the head of the shad work on the Delaware. Many shad were caught in the Sus(iuehanna within Pennsylvania waters, more than was" expected, in view of the building of the huge dam across the river near McCall's ferry. The entire year has been a notable one in the fishery world, and it was good alike for sportsmen and commercial men. TROUT SEASON. There was such a notable improvement in the trout fishing in 1906 over that of 1905 and so many small fish were seen in the streams that anglers looked forward to even a better year in 1907. They felt that their efforts at stocking the streams from the State hatch- eries were having beneficent results. The outcome of the opening day added strength to the expectations. April 15 was anything but an ideal dav for trout fishing. While there was much sunshine there was a heavv wind blowing in nearly all parts of the state and the temperature was low. In some sections there was snow several inches deep on the ground and there were flurries at various times during the dav. Fly fishing as a rule was out of the question, but with the exception of a very few sections, the bait fishermen secured manv more trout than they expected. From reports received the average size of the fish captured was much larger than either 1906 or 1905. The fish ran so well in this resi)ect that for the first lime since the creation of the Department of Fisheries the wardens found occasion to arrest only three people and the State Constabularv two. This scarcity of violation is in- dicative both of the wholesome respect which trout fishermen gener- allv regard the law and also to the beneficient results of what is known as the six inch limit. Fishermen in Potter and Tioga coun- 22 REPORT OF THE Off. Doc. ties informed the wardens that there were so many large fish that there was no temptation for them to keep small specimens. The best reports on opening day came from Centre and Monroe counties, although with very few exceptions most of the trout counties yielded satisfactory results. Fish measuring from 7 to 19 inches were caught in some abundance. A 19-inch brook was caught in Monroe county and a 19-inch "rainbow" in Centre county. Nearly 100 17 and IS inch fish were rei)orted to the Department. Unfortunately the entire month of May was cold and the water temperature so low that the trout did not exhibit their full game qualities and did not take the fly readily, but large numbers were caught with bait. Thus it w\is the bait fisherman who had no fault to find with April and May and their catches averaged very well. It was not until Juno when the weather became warm that the fly fishermen had their innings, and for the entire month they had splendid sport. Unfortunately the effects of a great drought then began to be felt, and only skillful men were very successful to the end of the trout season. Reviewing the trout season, however, impartially and taking ad- verse conditions into consideration, the expectations of anglers that 1907 would exceed 1905 were fulfilled. BLACK BASS SEASON. Very few complaints were received from bass fishermen from any section of the state, excepting the lower Susquehanna. Even there it was declared to be much better than the previous ytear, which in itself is not saying much for bass fishing in this once splendid region has been very bad for several years. The best reports come from the upper Delaware and the north branch of the Susquehanna, especially in Wyoming and Bradford counties. Some complaints were heard from the West Branch, but there were more who de- clared the fishing to be better than usual. Dr. Steven Sturdevant, of Meshoppen, Pa., in a letter concerning the North Branch of the Susquehanna, wrote, "In regard to the bass question I can report good results from the present laws. There are more large bass in the Susqw'hanna than we have had in fifteen years and the reason is plain. It is because they were not speared out and the dyna- miters are not so bold. * "^ * * Carp seem to be decreasing in numbers and I believe this is because there are large bass present. The chea])est and most logieal way to get rid of them is to get the river full of bass of both kinds and they will solve the problem." Mr. W. B. Rhodes, of Danville, who is known as a keen sportsman and Sus(iuelumna fisherman, is one of those who had the misfortune not to find the West Branch of the Susquehanna in as good con- dition as other streams in that part of the state. Under date of November 18th he writes in part as follows: No. 21. I>EPARTMEJNT OF FISHERIES. "This year I spent two months in camp above Allenwood in Union county. My fishing is almost exclusively for black bass. I found conditions of weather and water most favorable between August 12th and October 12th, but the fishing poorer than 1 ever ex- perienced in that locality. The first week we took some few bass of good size, but after that period there seemed an almost total ab- sence of bass or salmon. Skillful fishermen from Milton, Watson- town and other places reported the same condition of affairs both regarding bass and salmon. Although we had most beautiful weather and water and later for ideal sport I failed utterly, and further I could see no signs of the presence of the fish. No signs of late or early jumping after minnows although feed was quite plentiful. There was one marked feature, however, that struck me as abnormal; the abundance of the so-called water dog. We found them in abundance where we usually looked for small catties. Mv man reported to me he had disturbed at least fifty on a certain riffle when hunting catties. One morning one fisherman took from his outline thirteen of these so called water dogs, some of them so enormous they measured close to a yard long. • ♦ ♦ I hope ^ou may find some value in my experiences. I am an ardent lover of bass fishing, but I think I will have to quit my belovied Susque- hanna and cast my line in less familiar streams." The Beaver river in western Pennsylvania seems to be recover- ing its old reputation for bass fishing. Ex-Representative Ira S. Mansfield wrote this department as follows concerning this stream: "With increase in population, great increase in campers, the fisher- men all have fair success. Bass, salmon, blue catfish, perch, rock fish and sun fish are doing well." Pine Creek, which empties into the Susquehanna at Jersey Shore, appears according to reports to have entirely recovered its old reputation. Hon. Henry C. Cox, one of the members of the board of Fishery Commission, reported to me that this y("ar bass were caught in numbers as far up as Four Mile Run, a section hitherto confined to trout only. Bass fishing in the lakes, one of the most uncertain things in the best of times, was said to have been much better than usual. WALL-EYED PIKE. The beneficient results of persistent and heavy stocking by the State is amply and clearly demonstrated by the season for wall- eyed pike, known on the Susquehanna river as "salmon" and on the Allegheny as "jack i*almon." The Delaware, the Susquehanna and the Allegheny rivers, together with nsany of their large tribu- taries are reported to be leeming with this great fish. If complaints to the Department are well founded, the fish pirates around Dun- cannon caught thousands of them in the early part of the year by means of their unlawful nets and other devices. Fishermen began taking wall-eyed pike almost as soon as the season opened, rather 24 REPORT OF THE Off. Doc an unusual circumstance, and many fish of very large size were caught. Five to six pounds was not uncommon and some eight pound fish were reported. The poorest section for wall-eyed pike was undoubtedly the West Branch of the Susquehanna. Multi- tudes, however, were caught in the Juniata and far above Peters- burg. SUN FISH. There was undoubtedly a marked increase in the number of sun fisb taken and from the species caught unquestionably the in- crease has been due to the work of the Department in the last three years in hatching and planting this dainty game fish. The sun fish is esteemed most by anglers in Montgomery, Chester, Berks, Bucks and Ix'banon counties, and as time goes on it is becoming more appreciated. The applications received in this office for sun fish are among those which rank in number after the trout. Indeed it ranks only next to those of the bass. The fishermen in the coun- ties named declare that they had the best sun fish fishing for years. LAKE TROUT. The results of i)ersistently stocking the interior lakes is begin- ning to show results. :Many of the natural mountain ponds yielded fair lake trout fishing last summer. Harvey's Lake in Luzerne county, and some of the lakes in Susquehanna county gave the best results. Quite a number of fish weighing ten and twelve pounds each were captured. CUT THKOAT TBOUT. Three years ago, tlie l)ei)artinent received a consignment of cut throat trout eggs from the United States Government. Not desir- ing to risk a duplication of the brown trout experience, I caused the fish hatched to be planted in three lakes, one in Wayne, one in Susquehanna and one in Luzerne county, hoping the fish would take the i)lace of the lake trout. It is a species which grows rapidly in large bodies of water and is, besides, a surface feeder. I am happy to say that in two of the three lakes success was marked. Last summer many fish seven or nine inches long were seen, and a few wer<' caught, but the anglers knowing what they were, having been warned, replaced them carefully in the water. No. 21. DEPARTMENT OF FISHERIES. PICKEREL. It has been a quarter of a century since there has been such fine pickerel fishing as in 1907. if all the reports which come to this oflttce are correct, there was not a let up from the opening of the seanson on June 15th to the time of writing this report, and resi- dents of Wayne county wrote the last of November that "tip-up" fishermen were getting their limit of twenty pounds in two or three hours. Not only has the pickerel fishing bi'en restored in the lakes, but pickerel were caught in large numbers m rivers, streams and artificial ponds. Most of those caught were fish seemingly about two years old, the result of thc^ stocking by the state in 1905. There is every reason to believe that if this stocking be continued, in a few years pickerel will be one of the most abundant fish that we have in Pennsvlvania. YELLOW PERCH. It would be incorrect to say that there has been an improvement in the yellow perch fishing in the mountain lakes in the north east- ern part of Pennsylvania, because that would be impossible. Those bodies of water have been full of yellow perch from time immemor- ial, but larger fish are appearing and better fishing was experienced in the lakes in the western parts of Pennsylvania, and better fish- ing was had in Lake Erie fur them. WHITE FISH IN LAKE ERIE. While feeling great pleasure in the improved ' haracter of the game fishing, I feel special pleasure in reviewing the field of com- mercial fishing, especially that of the white fish. I think that I can now sav that judging by the results of 1007 and the previous J wo years, that the white fish industry in the waters of Lake Erie under the control of Pennsylvania, has been completely restored. 1907 yielded more white fisli to the fishermen than the best year in the history of Lake Erie. The most satisfactory evidence is the fact that the fishermen found white fish of all sizes in their nets and in abundance. From one to two thousand pounds a day was not an uncommon catch. REPORT OF THE COMMERCIAL FISHERIES ON LAKE ERIE. Off. Doc There can be no stronger evidence of the healthy condition of the fisheries than the figures showing the catch and value thereof in 1907 in that part of Lake Erie under the jurisdiction of Pennsyl- vania. A comparison of the tables for the years 1903, 1905, 190tJ and 1907 will show a very gratifying state of atfairs. The white flsh catch was more than five times that of the year 1906 and more than 17 times the catch of 1905 and IG times that of 1903. The blue pike catch was the greatest known in the history of the fisheries of Lake Erie, according to the fishermen. It is certainly greater than anything of which the Department has record. It was 12 times greater than in 1906, 4 times greater than in 1905 and 11 times greater than 1903. There was a big fall off, however, in lake herring, it being only one half that of 1906, one third that of 1905 and one fifth that of 1903. But there is nothing alarming in this fall off and in view of the facts nothing indicative of a decrease in the number of this species of fish in the lake. Weather and temperature conditions during the greater i)art of 1907 were adverse to large catches of lake herring. Both were very unfavorable during the summer and barely normal in the spring. The unfavorable temperature conditions for good catches of lake herring made favorable conditions for heavy catches of blue pike, and this fact alone gives strong foundation for the conviction that it is not a decreased number of fish which brought about a de- creased catch. The figures given foi* the catches of fish in 1907 and value thereof are compiled from figures furnished the Depart- ment by the various dealers in Lake Erie and the independent fisher- men resident in the city of Erie. In addition to these there were a number of boats owned by fishermen in Ohio and New York who fished in Pennsylvania waiers under the new laws, also pound and trap fishers west of the city of Erie and the trappers east of Erie and one dealer in Hie city from whom it was impossible to gather figures, but it is estimated that their catch would add at least f75,000 to the value of the catch. The following table gives the weight in pounds of blue pike, lake herring and white fish caught in 1903, 1905, 1906 and 1907. 1901 is omitted because in that year the Department was unable to gather accurate data: Name. 1903. 1906. 1906. Blue Pike I.«>e4,000 Lake Herrlnj? 5,033,000 White Fish 36,,')00 3.21fi,863 3,060,250 31,969 1,021,206 2,696.06.-. 113,278 1907. ]2,l.'i9.9S3 1,883,963 574,26.-. ) No. 21. DEPARTMENT OF FISHERIES. 17 The following table gives the value of the catch for the years 1904, 1905, 1906 and 1907: 1904 $300,000 00 1905', 201,085 94 1906 168,995 14 1907, 305,913 39 The following table shows the total catch of fish and the value of each during the year 1907: Name. Pounds. SrvE^^.:::;;;:::;::::;::;::::::;::::::::::::;:::::::::::;:::;:::::::;::::::: 'i^ L^ke Herring '^o'^ Miscel laneous M6,iOA Value. $46,879 74 169,203 67 75. 138 52 14.691 46 The miscellaneous fishes include carp, catfish, sturgeon, yellow perch, wall-eved pike and mullets and a few other fishes. The Department has been restocking Lake Erie with yellow perch, this valuable food fish having become almost as nearly swept from Pennsylvania waters as white fish. KestoratFon has not been com- plete, but from the figures received from the dealers, I believe that in another year it can be added to the list of important fishes, as nearly 60,000 pounds were caught in 1907. TROUT FINGERLING vs. YEARLINGS FOR PLANTING. Ever since fish culture has become prominent in Pennsylvania and in fact throughout the country there has been a warm discus- sion over what were called trout fry and fingerlings for stocking streams. This discussion was not confined alone to anglers but be- came heated among fish culturists. Indeed it became so warm that the American Fisheries Society, a national organization which meets yeai-lv in different parts of the United States by common consent barre'^d the subject from its discussions. For a time Pennsylvania, Michi'^an and Wisconsin were the only three states on which the fish culturists unitedlv advocated the planting of fry. Michigan went so far as to uphold the planting of fry with the f«ics on. Wis- consin if I remember correctly, took the stand for fry as soon as the sacs were absorbed. Pennsylvania for fry when they were three or four months old. Today nearly all the states distribute their trout at about the same age as Pennsylvania advocated. The United States Government also has generally adopted the plan of planting trout fish of about this age. 28 REPORT OF THE OflE. Doc. There was a great deal of confusion among the states through their using different terms to signify the age and size of trout. Some called fish until the fall of the year fry, other called them fingerlings. In order that there might be uniformity and each state know for a certainty what the other was doing the American Fish- eries Society at its annual meeting at White Suli)hur Springs, West Virginia, in the summer of 1905 adopted the following as uniform regulations: Fry, with the sac on. Advanced fry, fish having the sac absorbed but less than one inch in length. Fingerlings, fish of one inch in length and over but less than a year old. Yearlings, fish of one year old and over. Fingerlings of various fishes were numbered 1, 2, 3 and so on according to their inches, and yearlings in the same manner. Fish more than a year old to be termed two year old, three yea» old and so on. These terms are now used in this report and in all the operations of this Department, instead of calling the three or four months old fish fry as formerly. Those in former years who advocated the planting of fingerlings known as yearlings claimed that a few fish of this size w^ould ac- complish better results than a thousand fry now known as finger- lings; the advocates of very youni; fish hold the opposite. They conceded that if fry now called fingerlings were planted in the stream from which it was expected to catch them the results would be nothing because any large fish which might be there would de- vour them, but they held that if (he little fish were planted in their natural environment, to-wit, small spring runs tributaries to the main stream and scattered throughout the entire length of such streams the results would be far greater than the i)lanting of even an equal number of yearlings. They pointed out the following as reasons : Trout when held in the hatchery must get artificial food prin- cipally ground lungs and liver and' thick milk. Such fish must in- evitably become tame and look to man for their food, and they also acquire the schooling habit whieh is foreign to the nature of thte fish. When planted in the fall there is naturally very little natural food in the streams and what little theife is Ihe fish do not know- how to hunt. To use a hom<'ly but forceful utt(»rance of one of the superintendents of the hatcheries, ''when the trout are put in the streams in the fall of the year they at once go swimming around the cpeek enjoyi!)g themselves, but at four o'clock in tlie afternoon they poke their noses out of the water and sav, 'where is John with the liver.'?" Having the sclnjoling habit (he fish whon planted in the pools cling together juid llnis (hei\e is even less chance for them to get food. They therefore are ]ik<'ly to become thin and weak and are an easy prey to their many enemies. When spring opens and the trout season begins they are so ravenously hungry that they eagerlv IsTq, 21. DEPARTMENT OF FISHERIES. >• go to the fish hook, are caught and perhaps killed. On the other hand fry or fingerlings, as they are now called, though fed with artificial food until planted are sent out early in the sprmg when insect life is becoming abundant, when the food is, so to speak, readv to their mouths for devouring. They do not have to hunt and by the time food begins to get scarce in the fall they are plump, heartv, have forgotten artificial foods and know how to hunt for what^here is in the streams. They have therefore only to avoid their enemies and when spring comes are as wary as any wild trout, in fact are wild and by no means as great a percentage rushed to destruction on the hook of the angler. It has been asserted and many believe that very young trout are washed out of the spring runs during heavy storms and lost but this belief does not seem to be borne out by facts. Indeed it may confidentlv be stated that so strong are the little fish that it is not believed \lie greatest storm in Pennsylvania and the great- est flooding of the creeks could change a little fish from its course for more than a minute or two. «o endowed are th(iy with instinct or intelligence that when a current becomes too strong they seek shelter behind stumps where they wait until the water goes down. If the water rises above the banks they may swim over into the fields, but generally make their way back into the creeks with the receding waters. Sometimes, it is true, that a n^^^ber get caught in low spots and die, but this is e«iually true of large trout This fact was proven conclusively at the former ^tate ha chei7 at Allen^ town There were nearly three dozen ponds tilled with trout of all siies from yearlings to four year old, and with fry or tingerlings There came suddenly a terrific storm which caused the Little Lehi^rh Creek to overflow its banks and bury the hatchery grounds umU^r water from two to four feet deep. When the waters re- ceded it was found that there had been a total loss of about 9,0(30 fish, most of which it was subsecpiently shown found Jodgment in the creek. Something less than 500 were found dead in the fields and these were fish of all sizes from one inch to twelve. The re- mainder, over and above the 0,000 which were lost were found n the ponds, but they were all sizes in every pond. As the waters went down the lish which had been swimming around the hatcher.> grounds sought either the ponds or the creek; two-thirds the for- mer and one-third the latter. ^ i - a 4- « It is from results that success or failure in planting fish is detei- '""n Mi.liiKan wli.'vc it was (lie custoni to plant fry, or fish with the sacs on, tli<' slioatns whi.'h hni.dicds of yoars aso had almost been dcpopnlatpd bv lunilxM-ins;. havo now boon rostookcd and aro among h' host in 'the ..onnt.v. Tho stroan>s in IVnnsylvanm m the last four or fiv vrars have shown a r<.n.arkablo incr.-asc. Tho flshing is dodarod as a rnlo to bo bottor than in Ijroy.ons years fo two dorados. It is oxporioncod and it is results winch loads this Bopartn?™ (o slrongly advo.ato tho planting of fry. now know^ as fingo lings at tho ago of fonr months. Expor,..nco and rosnlts undoubt..dh Uavo led olhor states to adi.j.t tho same system. 30 REPORT OF THE Off. Doc PLANTING MINUTE FRY HATCHED FROM JARS. This department has frequently been asked why it is that fish like wall-eyed pike, yellow perch, pickerel, white fish, shad and ana- logons fishes are distributed for planting almost immediately after being hatched. Sometimes there is a well meant criticism ex- pressed that the Department should keep these fishes until they are of some size and better able to take care of themselves. The critics aver that 1,000 fish of any of the above named species would pro- duce better results than 1,000,000 microscopic fish which are sent out from the hatcheries. Naturally, most of the criticisms are based on imperfect knowledge of the subject they discuss and of the con- ditions which bring about the planting ofVish like wall-eyed pike, yellow perch, and pickerel and the like, as soon as they are hatched, and also the motives of the Department of Fisheries. There are two great reasons which cause the Department to plant such fish: first, necessily; second, a desire to save the waste, as it is termed, by the fish culturists. There are at least a dozen other reasons, but in the face of the two named, it is a waste of time to mention them. At present there is no known method of iH?aring wall-eyed pike in any number beyond a few weeks after hatching. To rear a few hundred thousand white fish to four or five months old, would be a very uncertain experiment and so costly that the wealthiest Slate would hesitate to undertake it, and I doubt whether the United States (iovernment, with all the money at its command would consider it. Attempts on the part of the United States Government to hold shad, have not been happy. It is said that Connecticut has had a little better success, and from what I have heard, I am convinced that the results achieved by the "Nutmeg" State, were far below those achieved by the United States and Pennsylvania in planting fry in the Delaware River be- tween the years 1890 and 1900. There is in addition, a great underlying principle, greater even than the necessity just described, and the reasons f(U' wliich might be overcome that lead the Department to pursue the cause it does with the wall-eyed pike, pickerel, shad, yellow perch, white fish and lake herring, and that is a saving of the waste. The eggs of the fishes just described are eggs which, with a few exceptions, are from fish which have been taken in nets for the purpose of being sold in the markets. If they were not taken by the fish culturists and hatched they would b(« lost or wasted, and every fish which reaches maturity from eggs taken in this manner is a fish saved and so much gained. If after taking a ci'rtain number of ("ggs, enough to produce a few hundred thousand fingerlings, the work of i^i^^ gathering would stop, all of the hundreds of millions of eggs would be wasted. All the two hundred acres devoted to rearing ponds for the more than six hundred million fry annually produced, would not be one fourth of the acreage required. No. 21. DEPARTMENT OF FISHERIES. 31 I must, however, from my experience as a practical fish culturist, and from my knowledge of the life history of fresh water fishes take issue with those who believe that better results can be achieved by planting fingerlings, than by planting the myriads of almost microscopic fish. ... , ^i v.-^^+ +i^of It has been estimated by those who have studied the subject, that not more than two per cent, of the fish actually hatched from such species as yellow perch, white fish shad, and pickerel live to reach maturity. This means twenty fish to every thousand which emerge from the egg. Yet, were it not for the interference of man, the twTper cent., small as it is, would be sufficient to keep the water teeming with fish life. If, therefore, 50,000 minute fry are planted in a body of water containing the usual adverse environments, we would have a thousand survive to reach maturity. If care be exercised in planting, and the directions given by the Department followed, there is a fair prospect that four or even five per cent, may survive. As a matter of fact, it is not so much the size of the fish that is planted as how the fish are deposited, which largely determine success or failure. .^ , f +^ on I am aware that it must be bewildiering to say the least to an applicant who received for the first time a consignment of yellow perch or pickerel or some other fish of almost microscopic size ex- cepting when the light shines into the can in a certain direction, nothing will be seen excepting water, and when the light does shine properly in the opening. th(^ water will be seen to be full of little hair like creatures, darting hither and thither and enjoying hfe and health The Department has some very amusing experiences in shipping pickerel and pcMch and such fish to new applicants, for example the first vear the Department undertook the propagation of pickerel five cans were sent to an applicant in Sullivan county. In due time there came a telegram from the applicant to the De- partment saving, "I applied for five cans of pickerel. I ^ave re- cSfivo cans of water, ^^^\^^i shall I do with it?" I telegraphed back -Plant the water, have faith, and S(^e the lisl^g^ow I have snce received a letter from the applicant stating that the pickerel were showing with some abundance in the stream in which he Planted the water. That the Department has made no mistake n plantin- these small fish is shown by the numerous letters re- ceived The following are examples: "Sir: Enclosed you will find th -ee applications for three cases of pickerel which you will kindly send to mv address at Pittsburg. AVe had some fi^m j^u last season and it turned out very well. Wm. Drurey." "May 22, ?q07AIv Dear Sir: I wish tn acknowh'dgo the receipt of ten cans . oi wall-eyed pike on Saturday, May 4th. They were all very active when we put them in the stream. In the spring of 1006 I put tVn can. in the Cocolomus Creek and by October of the same year thevlmd worked down the stream about one-half a mile to deep wat^r whc're thev had con^rregated in schools of several thousands S attained a size of one and one-half to probably two inches. "^Z^'^pc^inSir-of the Wayne hatchery in his report which is appended to this report cites as an example of the beneficient resuUs of stocking with yellow perch fry in Hankins pond m Wayne 32 REPORT OF THE Off. Doc. county. It is an artificial body of water, having a length of more than a mile, and a width of at least a quarter of a mile. It is well stocked with pickerel, creek minnows and chubs and bullheads, but according to the superintendent yellow perch were unknown there. In 1905 a planting was made from (he Wayne hatchery and a second in 1906, and a third in 1907. He states that these fish are now abundant in this lake, and they are being caught weighing from a quarter to a half pound. Surely there could be no better evidence than this. WATER POLLUTION. The pollution of streams and rivers in Pennsylvania by industrial establishments forms one of the chief obstructions which this De- partment encounters in its efforts to rapidly and effectively estab- lish fish and maintain them. Conditions in this respect, however, have been materially improved in the last four years through the intelligent work of the Department of Health, and to a very much lesser extent by this Department through the limited powers con- ferred by law upon the Commissioner of Fisheries in this respect. Hundreds of streams in which the polluting material was injurious to human health have been partially or entirely cleared of such material. Substances destructive to fish life have been cleared from some streams through the efforts of the Department of Fish- eries. Sometimes through moral suasion and sometimes by legal proceedings. But while there has been a decided improvement in the character of many of the streams there are still numbers of waterways which are in a horrible condition and which are practically used as open sewers by industrial establishments. The problem of the purifica- tion of the waters to an extent which will render them harmless to human, animal or fish life is an exceedingly dillicult one to solve. On the one hand is the peril to which capital may be subjected in consequence of a sweeping and drastic measure compelling owners of industrial establishments to provide some methods of disposing of their sewage and waste material other than dumping them into a stream, and on the other hand there are the rights of the people to have their health safe guarded, their cattle preserved from danger of disease and death and the rights of the people to have the aquatic animal food products, of which fish is one, maintained. Putting out of consideration the question of i)reservation of human and domestic animal health as not being within the pro- vince of this Department to discuss at length, it may be said that under 4)rdinary circumstances the question of the relative import- ance of an output from an industrial establishment and the main- tenance of fish life cannot and should not be taken into considera- tion. The importance of providing wholesome natural animal food for the people is far greater than any consideration of capital in- vested in an industrial establishment. There is this much to be No. 21. DEPARTMENT OF FISHEPJES. 33 said with regard to concerns which are and have been in operation for years. They are there by the tacit consent of the Legislature, because almost invariably when any measures were introduced look- ing towards the abatement or abolition of water pollution, such measures were either defeated or so amended as to make them practically inoperative. Hence while there is little doubt that the police powers of the Commonwealth are sufficiently broad to cover the question by legis- lative enactment, it is a question to be considered whether or not in equity the owners of industrial establishments which have been in operation and emptying their material into the streams .by the tacit consent of the Commonwealth, should not at least be par- tially compensated for any expense w^hich they might be put to to abate the evil. No such compensation, however, could by any ar- gument in mv opinion be awarded an establishment that is hereafter put in operation. Under no circumstances should they be allowed to pollute the waters and make open sewers of streams to an ex- tent that will destrov or drive out fish life. While some polluting materials which will kill fish neutralize others injurious to human health and so make the water useful for consumption, it may be set down as a sound general proposition that waters so polluted as to he unfit for fish is injurious to human kind. Chief among the larger streams which are either ruined or being ruined bv polluting material are the Allegheny and Monongahela rivers and the Siimemahoning creek, especially the First Fork of the last named stream. It w^ould be difficult to find another water- w^ay in Pennsvlvania in which more horrible conditions prevail than in the First Fork of the Sinnemahoning For several years people in the neighborhood of that stream have been, so to speak, up in arms against the conditions which prevail there. Almost incred- ible stories are fold of the character of the polluted water. I made a personal but superficial investigation in 1005 and from it I could readily believe most of the stories which have been told. The Chief Warden of the Department who made a more careful investigation found people who declared that cattle had contracted anthrax from the water; that persons who ventured to bathe in the stream had sores develop on their bodies, and, if any abrasions or sores however slight already existed, they would be inflamed to an alarming degree. Warden Conklin in a report to the Department says: "Sinnemahoning creek, including East and West Branches, is the worst polluted stream in my territory. The various trout streams emptving into it afford fair returns. As to the main body, nothing can be compared to it— unparalleled for filthiness and pollu- tion, not from sewage of towns, but from the unspeakable refuse thrown into it from industrial establishments." In a letter received from a prominent citizen and an official re- siding along the Sinnemnhoning it was declared and proof volun- teered that persons who had the misfortune to be immersed in the water had their legs, arms or bodies burned: that the legs of ducks swimming in the stream wow burned and that the legs and bodies 3—21—1907 M REPORT OF THE Off. Doc. of cattle had horrible burns frora the chemicals in the water. The letter was promptly turned over to the Department of Health. Conditions on the Allegheny and Monongahela are reported de- plorable. Many people who see conditions similar to those on the Sinnemahoning and who are not brou}j,ht into contact with all the work of the Department of Fisheries sometimes blame the Depart- ment for not abating or preventing the ]>ollution. Warden Conk- lin in his report voices the sentiment of this class as follows: "I hear many complaints from people while j)atroling that the expense of stocking the streams and maintaining them go for nothing when the fish are killed off by the hundreds and thousands by the poisonous substances discharged into the streams, but when a fisherman catches a fish under size he is fined 1^\0, and the owners of the factories and plants are allowed to go free." These people do not understand the limitations of the Depart- ment of Fisheries. By a decision of the Superior Court, the pro- visions of Section 2C of the Af t of May 29, 1901, relating to ex- plosives and poisonous substances is held to apply to pollution by industrial establishments under certain limited conditions beyond which the Department cannot go. Streams in which all the fish have been destroyed or driven out are beyond the jurisdiction of the Department of Fisheries. In other words the Department can- not punish the owner of an industrial establishment or prevent him from emptying his waste material into a stream Avhich is barren of fish. It can only proceed where there are fish in the stream and where there is a specific and direct proof of th<'ir being kiHed by material from a specific industry. Or still more explicitly if there are two establishments each emptying waste material into a single stream and fish are killed thereby, it would be essential for the Department to prove and show that each establishment separately killed fish, otherwise the charge against the two establishments would not hold good. At least that is the experience of this De- partment. I am glad to say that public sentiment is today widespread and emphatic against stream pollution than it was a few years ago. TROTTT CULTTTRE. Trout culture is the nearest thing to an exact science known in fish culture. Before tht* art of taking and haterimental nature about the work. There may be varying expressions concerning the size and depth of No. 21. DEPARTMENT OF FISHERIES. 35 the ponds. There may be different methods of building hatching troughs and setting tliem, but many of them in the hands of ex- perienced fish culturists bring successful results, and this is true whether referred to the (ru(^ trout or the Charr, otherwise known as the speckled trout found native in the wat(^rs of Pennsylvania. We know that the Charr or speckled trout spawns at the age of twenty months and a true trout at the agje of three years; that in their natural enviit)nments the spawning months of the Charr or speckled trout are October, November and December, and of the true trout in the spring. An abundance of cold pure water, clean ponds, a bountiful supply of food consisting of ground lights and liver for mature fish, and liver paste and thick milk for advanced fry and fingerlings, and hatching troughs for the eggs with a skilled man in charge will produce fish. With the taking of the eggs it can almost definitely be deter- mined how many fish will be ready for distribution or planting four ujonths later, and it may be asserted with some surety the number which will be in the ponds one year later from a certain number of fingerlings placed therein in the spring. It has been the i>ractice of the state not to feed the fingerlings or yearlings as generously as is done in the Commercial Hatcheries, for two reasons: First, because there is not the same necessity to produce large fish at the age of twenty months, and second, because there is danger that overgrowth will pjoduce a larger percentage of unfertilized eggs. Still I think state fish up to the age of twenty months might be given more food. Under present conditions there is a larger percentage of very small fish than is desirabl(\ At the Bellefonte Ilatcherv out of jibout -L'iMH) twentv months fish about n.OOO were so small as not to ])roduce any eggs worth speaking of. There is therefore a year's loss of tinn* and eggs. In the Commercial Hatcheries by stulTing the fish with all they can iK)ssiblv eat, lUh at twentv months old are, about the size of the average three years old in the State Hatcheries and each yields as many eggs. If twenty months old fish in the State Hatcheries average one hundred eggs ]>er fish tliey are doing well. In the Com- mercial Hatcheries (liey will yield an agerage of five hundred at least. As an exami)le of the great difference I might illustrate by citing the cases of the fish at Bellefiuite and a Commercial Hatchery in Carbon county. From each 4(),()0t) fish at Bellefonte, males and females, there were taken about 2,:{()0,00(> eggs. From about 35,000 fish in the Carbon County Commercial Hatchery there were taken very nearly 9,(M)0,0()0. Whih' the hatch from the Bellefonte eggs was infinitely better than the hatch from the Commercial plant the total actual fish was far greater proportionately than Belle- fonte. A few persons with more information than knowledge of trout culture rushed into newspaper print during 1907 describing the work of trout culture, and only for the business damage which the misinformation is ai)t to (ause I would not pay any attention to the utterrances of these peoph*. Among oth(M' things it was asserted that tlw fry when the sac had been absorbed, or as one of them expressed it. dropped off, the REPORT OF THE Off. Doc. little creatures were so wild that the care-taker in order to induce them to take food was compelled to cover the troughs with canvas or boards and feed them by pouring the food through a funnel at one end, and that the trout in the ponds were likewise wild. As a matter of fact the young fish in the troughs and the old fish in the ponds are as tame as can be. If any visitor on a State llatchery should poke his finger in a pond or trough it is a certainty that before he could withdraw it, it would be grabbed by the mouth of some hungry trout, and a half hour before feeding time the fish will follow a person walking around the pond like a flock of sheep. Advanced fry in the troughs pay little more attention to a visitor walking through the aisles between the troughs than they would to a stick, and if their mouths were large enough, or if a person were able to hold food small enough, the advanced fry would take it from their fingers. ALGAE NUISANCE. One of the dilKiculties encountered by the Superintendents is Algae which accumulates in many of the Hatchery ponds, sometimes in such vast (piantities, that it is dilficult and sometimes impossible to properly care for the fish therein. A curious feature about this nuisance is that there appears to be no rule which regulates its apjM'arance or non-ajjpearance, ex- cepting that it does not scH-m to lloiuish or appear in ponds into which the water falls from a head in some volume, or where the water flows through the ponds with great ra]»idity. In some stations even where neither of these conditions prevail the algae will not form in i)onds the bottoms of which are heavily graveled, and only where the bottoms are thinly graveled or become covered with a mucky deposit which is not promptly cleared away, while in others the algae apjx'ars to flourish equally well on graveled bottom ponds, but generally si)eaking in both instances there is not a heavy waler sujtiily for the ]M)n(ls. One of tiie most notable instances of algae j>revailing in ponds in which the inflow is at the water level is the two ])onds at the Torres- dale Hatchery. One pond is immediately below the other, the water dropping about two to three feet from the first to the second. Tli^y are (uich nearly .'iOO fvoi long. In the first or ui)i»er where the water flows in on a level algae grows with tremendous rapidity and in such quantities that it is difficult for the men to work their fish. In the lower pond there is scarcely any algae. Many efl'orts have been made by th<' Sui)erintendents to rid the ponds on the hatcheries of algae, but as yet they have found nothing that is satisfactory. It is well known that sulphate of copper will destroy the algae, but we have also found it risky to use in quantities to kill algae on account of possible harm which comes to the fish. Exj)eriments have been made to ascertain how much suliHiate of co])per a fish can stand before dying and very remai'kable results have developed. No. 21. DEPARTMENT OF FISHERIES. tt At Torresdale, experiments conducted under my own direction showed that sunfish, bass and several other fish live for more than five hours without any apparent harm, though they died subse- quently, in five ordinary wooden buckets of water in which had been dissolved two teasi)Oonsful of copper sulphate. Fish experimented with at the Crawford Hatchery lived nearly as long before dying in one bucket of water containing two teaspoonsful of copper sul- phate. In the first experiment four out of eleven tad-poles survived the ordeal. BLACK BASS WORK. Among the most important work carried on by the Department during the year was black bass culture. Ever since the great game and food quality of Uiis species of fish has been recognized, there has been a steady and growing demand from the people for the State to underlake its i)ropagation on as great a scale as brook trout. The strong public sentiment became well illustrated four years ago, when delegates from nearly every fish protective and auxilliaiy of the State in convention at Harrisburg, unamimously demanded that the legislature establish hatcheries in Pennsylvania for the propagation of black bass, on the same scale as trout. That the legislature was in sympathy with the demand is shown by the fact that at the succeeding session the Department of Fisheries was authorized to establish three stations for the propagation of black bass and other fishes. It is well known among fish culturists that the hatching of black bass is still largely in a experimental stage. They have only pro- gressed far enough to demonstrate that under certain conditions there is a reasonable expectation of hatching a certain number of fish annuallv. But no fish culturist can sav with absolute conviction that he can rear seventy-five or more per cent, to a length of three or more inches. Fish culturists scarcely made their first experiments in rearing bass when they discovered it to be impossible to take eggs from the female fish' m the same way eggs can be expressed from brook trout, white fish and shad. This peculiarity is so pronounced that at no stage is it possible to artificially take the eggs. Females have been taken from the nest wliile in the very act of spawning and attempts mad(» to press the renuiinder from her. But it was found to be impossible even then to press out the eggs. It was further a remarkable fact that when a fish thus exiierimented upon was re- turned to The water she se^tntMl to have lost completely the power of herself entirely voiding the remainder of her eggs they would harden in the ovarii s and eventually cause her death. EITorts to i»ress milt of the male by artificial means were made. It having thus been definitely determined that eggs of the black bass cannot be taken artificially, fish culturists tried the experiment of killing both female and male and fertilizing the eggs thus taken. The result were very unsatisfactory. First only a small portion of 88 REPORT OF THE2 Off. Doc. the eggs hatched and secondly it was rather an expensive operation to kill the iish. After repeated experiments of different kinds, the conclusion was reached that successful propagation of black bass could only be accomplished bv building ponds of suitable size and to allow the tish to spawn naturally therein. The first government to attempt to rear bass in this manner was the state of Michigan and fair suc- ctss was achieved, but the work was found to be costly. So costly indeed that an otlicial of the United States government once ex- pressed it to be almost prohibitive. Soon after Michigan commenced this work Fennsvlvania began experiments and for several years met with nothing but disastrous failures. Finally in 11)03 when about to abandon further experiments, sudden and unexi>ected success was achieved. Sufficient advance has since been made not only in Pennsylvania but by the United States government and sister states to show thait bass\'an be raised at sufficient low cost to be well worth while. As yet and probably for some years to come it will be more expensive than trout culture, unless means are found to arti- ficially take the eggs. The area of ground retiuired for bass culture will be double or treble that required for brook trout, and then without producing as many fish. There are bass ponds in operation at the A\ ayne, Torresdale, Spruce Creek, Crawford and Union City hatcheries. At present there is only one at each station named and none is exactly like the other. Each was built in accordance with the combined ideas of the super- intendent of the hatcheries and myself, and at this time it is difficult to say one is better than the other, or that it is capable of producing better results. . ^x x The first bass ponds constructed in the Pennsylvania State hatcheries were (luite snuill. They were each not more than sixty feet long, and about forty feet wide. Bass are no longer raised in these two ponds although success was achieved in them. In nearly all the bass iwnds now in use the same general outline, namely that of an irregular egg-shape has been retained. All the superintendents unite in believing that a better current of water is secured by this form. It soon Ix'came manifest that the larger ponds within reason the greater the chances of success, and the larger the number of breeding fish which can be proportionately carried. The ordinary size of the ponds now in use are from half an acre to an acre with an average depth of one to two feet throughout with the exception of the kettle. At Wavn(% Union City, Torresdale and Spruce Creek the kettles extend the full width of the pond at the lower end and slope upwards sharply 20 to 30 feet back. At Crawford, the kettle is triangular in shape with the apex at the outlet. If there is in one type which is bi'tter than the other it may possibly be this last form, but only for the reason that a greater spawning area is given to the i)ond. , , ^ « u In ponds about the size described we carry about a hundred fish of the breeding age, the larger proiX)rtion of which are females. One reason for carrying more females than mah^s is that the former do not ripen at the same time, and when the male is seeking a female he has not patience to wait until he finds one which is in the con- dition but will run amuck through the pond, and if he comes u])on a ripe female upon a nest, will fight the male in possession, and en- No. 21. DEPARTMENT OF FISHERIES. 39 deavor to take her away. It has been found that, notwithstanding a larger proportion of females the eggs of none are wasted. The male bass is something of a polygamist and in addition, after he is through with one rearing he will take another female and go to nesting again, so that the eggs of every female are pretty sure to be fertilized and hatched. The spawning period of the black bass is from the middle of May to the middle of June, and even later depending on the temperature of the water. The bass will not begin to spawn with the water below 55. If spawning has begun and the water temperature falls to 50, spawning ceases. At 45 any eggs which have been laid will die. At 42 fry, that is fish with the sacs on will die. This was demonstrated clearly at the Crawford hatchery last spring as will be seen by the experience of the Super- intendent of that station, which appears attached to this rei>ort. It is the male which does everything but laying the eggs. He selects the site for the nest, he builds the nest and gets it ready for a female. In the bass ponds built in one hatchery, a clay bottom is preferred by the fish culturists over one with gravel of stones such as a bass delights in at spawning time. This is in order to induce the black bass to go on the nest provided, and artificial nests are provided so that they can be better controlled. The artificial nest is made of stones, varying in size from a marble to an egg, and placed cup shape in a space about two feet square in the bottom of a wooden box, two sides of which and the top are open Notwithstand- ing this, nests are thus made with extreme care, it often happens that the nuile bass in looking for a site, absolutely refuses the nest, and builds one of his own out in the mud. At Spruce Creek Hatchery nearly all the nests of the bass were stolen and built in muddy places. According to Superintendent Sail'ord, these natural nests generally contain more eggs than those of the artificial nests. He gives as a possible reason tliat ''in the actual spawning, the fish becomes tired of the seeming seiiii-contiaement in the boxes, and before the eggs are all cast tlie female sometimes leaves. With the few eggs de- posited, the male is well enough satisfied to proceed to work." He adds "howi'ver, I do not say this positively." Proness of bass to de- posit more eggs in stolen nests than those made by the fish culturists, has been noticed by other superintendents of the state hatcheries, and while ]Mr. Safiord expresses hinifr't'lf cautiously as to the reason, his theory seems plausible. The object of the ketth* is in order to have a place where the fish can hibernate and also when the pond is drawn olf there will be a little water to hold the fish. When spring arrives and the temper- ature of the water rises to about 54 the fish begin to scatter over the ponds and show activity. The male soon feel the instinct of repro- duction and starts hunting a sit(? and })uilding a nest. Selecting one of the artilicial nests the male bass begins to cleanse the stones of any dirt sediment oi* foreign substance which may have lodged thei-e. All of the lighter foreign substances are fanned awav bv the pectoral and candal fins. Souietimes the stones or gravel are not placed just to the liking of the fish and these he arranges according to his fancy or his needs by rolling them to the position he desires by means of his head or his nose. Naturally the work of putting the nest in order is not verv arduous, and some of the outside natural 40 REPORT OP THE Off. Doc. nests require great toil, but notwithstanding the rough work, it is seldom that the fish comes to any injury with consequent fungus growth. "When the nest is completed the male starts out to seek a mate and he pavs court to the first female he meets. Apparently, he is unable to discriminate at the time between a female which is ripe and a female which is not ready to deposit her eggs, for it is not an uncommon occurance for him to coax an unripe female to the nest where he endeavors by many curious means to induce her to deposit her eggs. Failing^ he drives her incontinently away and seeks another. He approaches the new female as he did the other with manv contortions of the body, swiming around and around her, and fondles her by nipping her gently on lh(» check and belly, and all the time guides her persistently towards the nest. His actions at this time can only be compared to a ''cake walk.'' When he finally reaches the nest, the" female passes over it, apparently with great indilference, and frequently will swim away as though she intends to decline going to house-keeping. At such moments the male exhibits great excitement and perturbation, urging her back by every means in his power. Finally she decides to remain. The pair swim around and over the nest', the male nipping the female at intervals, and then turning sidewise the bodies are rubbed together the male thus assisting the female to void her eggs and the female the male to discharge the milt. The eggs are thus fertilized as they issue and fall amoung the pebbles. The act of spawning is not completed at one time, but extends over a period of a day or two. One spawning lasts only for half an hour, but during that period a great many eggs are deposited. The male bass is occasionally a imlygamist, and instances have been noted where the male, during the interval while the female was on the nest resting, seeing a female outside passing, would bring her on the nest to add to his store of eggs. And sometimes without any apparent reason he Avould drive his mate away and seek another. The abandoned one apparently takes her ejectment philosophically, for it has been recorded that she has been known to attach herself to another male ir. another part of the i)ond. The egg laying being completed, the male takes full possession, drives tlu^ female away and assumes entire charge of caring for and hatching the eggs. He hovers over them, fanning away all dirt and during the period of incubation, he does not eat anything. He is very savage, fears little, and angrily drives away any fish which approaches. The ])eriod of incubation is from 7 to 10 days, and when the little fish of the small mouth species emerge from the e^r^ they are almost colorless and settle among the stones. In 24 hours they become black. In a few days, as the sac is absorbed they rise to the surface, and sinking to the stones if the temperature of the water lowers. As soon as the little creatures become strong enough, the male bass, keeping them in bunch form, works them into shore, and finally leaves them. This is in natural jn'oduction in a wild state. When the fish on the artificial nests in the hatchery ponds have their salaces a crib or circular iron frame covered with cheese-cloth over the nest, excluding the male. This nearly always renders the parent very savage. He is almost fearless of man at such times, and as No. 21. DEPARTMENT OF FISHERIES. 41 will be noted in Mr. A. G. Buller's report, a male deprived of his young will frequently strike savagely at the net being used to re- move the fry from the fry ponds. Mr. Saflord, Superintendent of the Crawford hatchery, experi- mented with feeding the advanced fry with daphnia before removing tliem from the crib and he found a decided increase in growth over those which were removed to fry ponds without the prelimmary feeding. Experience has taught us that there should be four or five fry ponds in the aggregate as large as the original brood ponds and for the excessive growth of the little fish there should be a bountiful supply of the aquatic plant known as the Chara moss growing therein. Without Chara moss there must be a much less degree of success. Chara moss is the favorite resort for minute water animal life esi>ecially of the daphnia and cyclops of which small bass are inordinatelv fond. In order \o facilitate the removal of young bass when shipping time arrives, the bottom of the pond for about two feet on the sides and ends should be kept clear of Chara moss. One of the hardest problems which confronts fish culturists to- day for rearing young bass for distribution is the inordinate can- abilism of the fish. The moment they can swallow anything the advanced fry begin to eat each other. By heavy feeding from the Chara moss^ind artifieial foods, cauabalism may be kept down to a minimum for the first 30 or 35 days. AUvv that time it is uncertain how manv fish may be taken from the pond. At 35 days the well fed fish is from one and a half to two inches in length. We had an example about three years ago i)f the extent of canibalism which prevails among voung bass after they are a month old even under favorable condit'ions for preventing it. 20,000 fish by actual count were placed in a pond in which there was considerable natural food. They were fed six times a day with ground fish which they eagerly devoured. Between the firsf of July and the first of October 210 dead fish were removed from the pond. On the first of October when the water was drawn and the fish taken out, there were only 11,000 fish left, but these were from four to five inches long. Mr. A. G. Buller in his report refers to a remarkable example of canibalism at the Union City hatchery. Among the fry ponds of this hatchery was one containing over 20,000 bass fry which was in excess of the number required to fill the applications for the district in which the station is located. I issued an order that these fish should be sent to one of the other hatcheries where there was a shortage so that all the applications in that district might be filled. \y\wn the superintendent of the Union City hatchery drew the pond for the i)urpose of carrying out my instructions, to his amazement instead of several thousand there were only about one hundred and fifty fish. The remainder had been devoured and the 150 sturdy fish were the sole survivors of a vast carnival of canibalism. There was some excuse for this tremendous example of canibalism at Union Citv in that the fry pond having been newly constructed there was no considerable^ (piantity of Chara moss and therefore little natural food, and the fish did not take kindly to the artificial food which was provided them. 42 REPORT OP THE Off. Doc. M At the Spruce Creek hatchery there were over 20,000 bass and the little creatures were placed in the only fry pond available. This body of water was about 70 feet long and 40 feet wide with a depth of about 2 feet. The bottom was covered with Chara moss, the stems of which were nearly covered with daphnia and cyclops. In fact the food was so abundant that as the superintendent and force of the hatchery were nearly overwhelmed with work, I consented that the young bass be held until the middle of August or until they were about 05 days old. In the first week in August the superin- tendent cut away the Chara moss which had become so thick as to make the use of the net impossible without first doing so. When the fish were netted from the pond there were 2,200, the remainder had disappeared as utterly as though they had never been. Nearly the same experience befell the suijerintendent of the Torresdale hatchery in his attempts to rear large mouth bass. The pond at that station was nearly double the size of the pond at Spruce Creek and there were only about 5,000 fry placed therein. 1,723 was the total in the middle of August. These experiences demonstrate clearly in my mind the necessity for numerous fry ponds at least 50 by 50 feet each, preferably larger, and in tach should be placed as small a number of fry as possible and to provide about an abundance of both natural and artificial foods so as to bring about as rapid a growth as possible which will permit fish to be shipped at the age of 35 days old and of a size to insure of their being able to take care of themselves when planted. I am a believer in the genenil principles of planting fish as soon as possible after hatching without regard to their being of minute size. I especially favor this idea when by so doing they can be hatched in numbers only limited by the quantity of eggs secured, and the capacity of hatcheries. In such cases I confidently rely on the proper character of the water and the natural foods thercMu and the large quantity of fry which can be shipped to an applicant. In the case of black bass I feel it necessary to modify my principles a little, not too much on account of the inability on the part of the young to take care of themselves, but because of the restricted number which can be hatched in a hatchery bv i)ond culture and I t X because black bass fry is, so to speak, nothing but a mass of jelly like substance covered by a black tissue like skin. In this condition they are extremely ditTicult to ship, and unless unremitting care be observed there would not be one left alive at the end of a moderate journey. Thirty days appear to me (o be about the most favorable period both for the stream and the credit of the fish culturists, and in this i>rincipal my superintendents all concur. Owing to the fact that black bass culture is yet in an experimental stage only; owing to the fact that eggs cannot be taken from the fish artificially; owing to the fierce canibalism which makes it the most destructive fish which swims in fresh water, it has been thus far impossible for the Department of Fisheries to fill every applica- tion which has been received annually. It is the ])oli(y of the depart- ment, however, not to throw away the applications received from the above supply, excepting where there is over duplication for one stream but to fih* them away for first filling the following year. Failure to fill all applicntions is naturally not pheasant to either the Department or to the applicant and the Department is putting No. 21. Department of fisheries. 4S forth its efforts to surmount the difficulty which now stands in the way of large production and in two or three years ought to be able to meet applications for blacjv bass as confidently as it can those of brook trout. FROG WORK. It was little thought by the superintendents of the hatcheries when they first began frog%vork about three years ago that so many difficulties would be encountered in their propagation. It seemed such a small thing to gather and hatch the eggs and rear the tad- poles safely through the embryotic state and have them develop into perfect frogs. This feeling was helped along by the complete and sweeping success met with at Erie and Wayne. Ponds were built at all the hatcheries, the superintendents all went into the work with enthusiasm and met as a rule with overwhelming disaster. Over- crowding, red spot and other diseases, larvae of water beetle and finallv but not least the much cherished daphnia. Every year enough frogs*^are reared to supply the applications, but usually the supply has come from not more than two or three hatcheries, the others meeting with failure. Enough has been learned from experiments to demonstrate that success can be achieved but not regular annual success, at least as far as our study of the habits of frogs and their culture has progressed. One of the suptn'intendents who has met with each and every misfortune which has visited every frog pond in the other stations, had his curiosity aroused sufficiently to make an investigation to ascertain whether the troubles were confined to the tadpoles in the State hatcheries or whether they were eciually wide spread among the tad-iKiles in the wild state. He found they were, and iiuh'ed as might naturally be expected the adverse condi- tions were more numerous. In the ponds, birds, snakes, fishes and animals could be kept away to some extent. In wild state they had full swing and in addition there was the daphnia, red spot and the larvae of the water beetle in as great if not greater abundance. The result of his investigation showed in the fact that a natural pool of tad-poles had less chance to survive than those in the hatchery ponds.. It is now reasonably certain that in order to successfully carrv (he tad-poles through their embryotic stage and development to perfect frogs the following conditions must prevail: first, there must not be over-crowding; second, the water must be pure; third, there must be no daphnia; fourth, no frogs of mature age; fifth, no water beetles or other larvae; sixth, untainted animal food, prefer- ablv fish or fish liver. Unquestionably the most desirable species of frogs to rear are the common bull frog and the gr(MMi frogs. They are also the most difficult in some particulars because they are solitary in their habits. The leopard frog, which is more gregarious, while delicate in flavor is small. They are, however, the easiest to handle, at least during the embryotic stage. The tad-poles of the common bull frog and the green frog seem to escape enemies like daphnia and water beetles to a greater extent than the tad-poles of the leopard frog. This 44 REPORT OF THE Off. Doc. possibl3' causes them to spawn later in the season. The superin- tendents are divided in opinion as to whether the tad-poles of the common bull frog and the green frog develop into frogs the same year. Some are of the opinion that there are two spaw^nings. One about May and one about July; that the May spawn develop by autumn, but that the July spawning remain in the tad-pole stage until sjiring. The superintendents who hold to each opinion bring forward what seem to be good arguments and apparent proof for their respective i)Ositions. Having observed the work on all the hatcheries I am inclined to agree with those who hold to developing the same year where there is a spawning in May. AVhether there are two spawnings or whether it is simply that a few deposit their eggs three months earlier than the usual time, I am not i^repared to say. Certain it is, however, that the tad-poles of the large frogs at I^ke Erie are developed into frogs by July from eggs deposited in May. The critical period in frog culture is when the hind legs are about to break out. The act apparently draws heavily on the vitality of the tad- pole. If they have been well fed and guarded from disease and enemies there is certain to be a heavy percentage of tad-poles completely develop. Carefully studying the subject I am of the opinion that several small ponds or pools are advisable or necessary for the hatching of the eggs and the development of the tad-poles, and that to achieve the best results in the etlort to carry the frogs to a marketable age there must be a series of large ponds each not less than half an acre in extent and ])lentifully slocked with llowering water plants and that each size of frogs musi be kejjt by themselves. While tad-i)oles will devour almosl any dead aniuuil food offered, frogs will eat only living things and it is to provide for their securing living things that flowering water ]>lnnts are necessary. This can be suj^plemented by grassy banks, little piles of manure and boards smeared with molasses or honey to attract insect life. Live tad- poles and small live fish may also be successfully fed to frogs. There is a fu^'jre in fionr hirnung but the farmer must expect for some time to come treoint was not in the best condition for smelts and parr as salmon in their first year are called. Several fish returned to the Delaware four, five and six years afterwards. In 1890 and 1801 the Fish Commission secured a lot of eggs from the ITnited States Government, hatched them at the Allentown liatchery and planted them in tributaries of the Delaware river in Pike and Wayne No. 21. DEPARTMENT OF FISHERIES. counties. In 1894 quite a number of grilse or first run salmon entered the river, and 1895 salmon to the value of over |5,000 were taken from that stream. For several years thereafter salmon were caught in some numbers and one was seen in the river as late as the summer of 190G. The United States Government was unable to continue furnishing Atlantic salmon eggs owing to the scarcity of the fish in the Penobs- cot and Kennebec rivers in Maine. A few thousand eggs were given to the Department of Fisheries in 1904 in order that an effort might be made to domesticate the fish in the Hatcheries, but only six of these reached maturity and spawning age. In 1907 it was found that the six were all females. An attempt to fertilize the eggs with the brown trout failed. p:fforts were madi^ from time to ^time to establish the Quinatt salmon, a fish belonging to the Pacific coast, but every effort was an utter failure. Nothing was seen of the fish after they left the streams and entered the Delaware. After three or four efforts it became evident that the Quinatt salmon could not be established in the Delaware river, and it was believed because this stream was too far south of the natural spawning area of the fish. Efforts on the part of the Department thus far to secure Atlantic salmon eggs in any number have failed. There is a law which pro- hibits ex})orting the eggs from the Dominion of Canada. It is pos- sible that eggs may be obtained from Newfoundland, and I believe, that if the Legishature would make an appropriation, the United States Government would join with Pennsylvania in establishing a Field Station in Newfoundland and thus getting the eggs for the Delaware river. In order to make a salmon stream of the Delaware river it would be necessary to jdant fingerlings year afU'v year without stopping at any time, because even when the fish begin to spawn naturally it would not be in sullicient (piantities to nuiintain them in large numbers, but by stocking heavily annually the Delaware without doubt can be made a salmon river equal to either the Kennebec or the Penobscot. SILVER SALMON. In discussing the (juestion of (he establishment of salmon in the Delaware river with Commissioner Bowers and Dr. Hugh M. Smith, of the I'uited States Hureau of Fisheries, a year ago they suggested that an attempt be made to introduce the silver salmon. They stated that its natural spawning grounds on the Pacific coast were nearer those of the Atlantic salmon and were almost indeed identical with it. An offer was made to supply the State with eggs for a period of four or five years to ascertain the possiblity of establishing it. I naturally agreed, and 100,000 eggs are to be sent to the Wayne Hatchery this winter as a beginning. .\s a "food fivsh the silver salmon is said to be inferior to the Chinook, but that does not indicate poor food qualities; since the Chinook salmon is regarded as being unequalled to any other species on the Pacific Coast in its commercial value: indeed it ranks accord- ing to Messrs. Jordan and Evermanu as being next to the Chinook and the Blue Back in importance. It is one of the best species to 46 REPORT OF THE Off. Doc. ship fresh, and large quantities are canned annually on the Oregon and "Washington coast. It is abundant in the Columbia river. In size it ranks third among the Pacific salmon, attaining a length of about 33 inches with a minimum size at maturity of 15 inches. The average weight is from three to eight pounds, but it is freciuently found weighing from 12 to lo pounds. It is known by many local names in the north wc^st and Alaska, the most common of which is Coho salmon; it is also known as Kisutch, Skowitz and Quisutsch. The spawning period is about September. It has a slender body, short head, very conical, with a blunt pointed snout. It is a beauti- ful fish to look upon, being of a bluish green on the back with silver sides having dark punclulations, but no spots excepting a few obscure ones on the top of the head, the back, the dorsal fin, the adipose fin and the rudinu ntarv upper rise of the caudal. The sides of the head are without dark colorations and in the fall of the 3'ear, during breeding time, the sides of the male are colored a bright Vermillion red. During the rest of the time it is colored a very pale Vermillion. When the eggs are received and hatched a few thousand will be retained at one of the Hatcheries in an endeavor to domesticate it and to studv its habits. SHAD WORK, There wjis a decided iniiHOvement in the shad iisheries of the Delaware in 1907 and everything indicated the correctness of the position which I have hitherto taken, that the principal cause of the falling-oft' in the number of shad caught since 11)00 was due princi- pally to adverse weather conditions. The rei)ort of the su])erintendent of tiie Torresdale Hatchery will show that very early in the season of 1007 while the weather was warm and the temperature of the water raised there was a good rHU of shad followed almost immediately by a marked decrease with th(* subsecpient arrival of very cold weather and cold water, further, that as soon as the temperature of the river again rose fish began coming into the river oncc» more. That the take was very much better than for several years previous is shown by th(^ increased number of eggs which were taken at Torresdale, there being 2,000,000 more than in lOOG and 1905. Owing to the fluctuations of the water temperature very few of the female trout shad caught were rii>e and there were several hun- dred that were apparently within 24 hours of being in that condition. The eggs in the roe were loosened, but not sulhciently so to |>ermit them being expressed. In all there were less than 140 ripe shad taken, and one gave the remarkable numb(»r of over 90,000 eggs. The Superintendent tried many experiments to ripen the fish which were nearly ready to spawn, but owing to inadequate ap])ara- tus none of the experiments were successful. Preparations will be made in the coming spring to endeavor to rii)en successfully hard fish. Something of this sort must be done if the shad are to be preserved in the Delaware river. If unfavorable No. 21. DEPARTMENT OF FISHERIES. IT water conditions prevail for several years in succession it will render it impossible to hatch more than 3,000,000 or 4,000,000 or even 5,000,000 eggs, and the shad must become exterminated because 5,000,000 or even double that number will not maintain shad in the Delaware. The fish is helpless against its enemies. It is an easy prey for any carniverous fish. With the high prices ruling for shad the fishermen will naturally strain every effort to catch every specimen they can in order to supply the market. It may be necessary for Pennsylvania if it is found impractible to rij>en shad in cribs, or if the spring weather conditions do not radically change, to go to southern waters for eggs. I trust, how- ever, that our experiments will not render it necessary. A\'hile a number of shad were caught in the Sus(piehanna river above McCalls Ferry the industry was markedly less than in previous years, owing to the erection and near completion of the McCalls Ferry Dam. The shad fisheries of the Susquehanna are, I believe, doomed. While a few may pass through the fish ways the bulk will not make the venture the same as the other species of fish will do, owing to their extreme timidity. In September a school of fish described as herring were seen in the Susquehanna river, first near Bald Friars; a week later a few miles above, and still later not very far below Harrisburg. The appearance of the school was reported to the Department, but they were evidently too large for herring and it is believed that it was a school of shad. This belief was strengthened from the fact that in November a fish about the size and appearance described got into a fish basket not far from Dauphin and this fish was a shad. TtERMan carp. It is said to be difficult for man to acknowledge what he believes to have been a mistake and to do it publicly, yet I see no alternative when facts and conditions arise contrary and radically different from those which seemed to have prevailed and which led to his first view- point. This is the position in which I find myself with respect to the (lerman cnrj>. Familiar, as I was many years ago, with the character and habits of the fish, I was among those who did not approve of the introduction of the German carp into Pennsylvania waters. From this position I have not changed. I was then, it is needless to say, not connected in any manner with either the Fish Commission of the State or any fish cultural work. I looked upon the Cierman carp from the standpoint of an angler. It was not considered as a fish for the angler and not regarded by anyone as a high class food fish. It seemed to me then and it seems to me now a mistake to introduce an inferior fish into waters capable of sustaining much better species both for the anglers and the markets, but the carp was introduced. It was introduced, not for the angler but entirely as a fish claimed to be valuable for food and one ,1 48 REPORT OF THE Off. Doc which on account of its wonderfully prolific nature and the case with which it could be cultivated. Faimers were told that it could easily be reared in the duck ponds on their places or in ponds dug on waste swamp lands. The United States Government and States propagated the fish and turned them over to the eager farmer who thought he was going to make a fortune or eonsiderable money with a nominal outlay. Carp were also planted liberally in streams. It soon proved that its prolific character was not mis-stated, but the farmer discovered that carp culture was not as simple or inexpensive as it had been represented to him, further that his duck ponds or hastily con- structed swamp ponds did not produce carp of a quality which commended itself to the taste of the consumers of fish. The filth and mud gave a strong taste to the fish. As a couseipience the would be farnn^r culturist either broke away his ponds or allowed the fish to escape and gave up the business in disgust. Anglers did not know how to lish for carp years ago with hook and line con- sequently not having a high opinion in the first place condemned it even more heartily. Having thus obtained a bad name the fish kept sinking lower and lower in public estimation until nothing wa« too bad to bi* said about the fish. Its known bad habits were magnified and a marked de- crease in fish life in the waters of I'ennsylvania wtre laid almost whollv to its acts. There were many things which gave strong color to the charges made against the carp of bringing about a decrease of other fish life, and I am sorry to say that 1 also, aloiig with many others, was mislead by what 1 know now to have been circumstantial evidence and not direct proof. Among the charges made against the German carp are two of great gravitv. First that it is a spawn-eater and feeds eagerly and extensively on the eggs of any fish it can obtain, and second, that it roots uj» certain plants which are almost essential to the existance of small fish. These two reasons along with others of minor import- ance caused me in the report for 1904 to express the opinion that the fish should be exterminated. Along with a thousand of others I believed that the spawn eating and i)lant destroying habit was re- sponsibe for the diminished supply of fishes in the warm water streams. . My position, however, as Commissioner of Fisheries brought to my attention a number of facts, which while they did not acquit the German carp of being either a spawn-eater or a plant di'stroyer, still i)roves conclusivelv that other more potent agencies were at work which brought about poor fishing from ll)t)() to 1!M)4 than the much abused foreigner. It was pointed out for example that Pine Creek, while it did not contain German carp in any number, had lost its old high-standing as a bass stream, that the Perkiomen Creek in Mont- gomery county while containing many carp still remains a good bass fishing stream, and the same was shown to be true of the North Branch of the Susquehanna river. The Delaware river, which was full of carp, and, in fact, the stream from which the main supply for the Citv of Philadelphia, not brought from other States, and in which the bass fishing had been bad, began to resume its normal condition in 1004. As a matter of fact today evidence is almost overwhelming to the effect that the very bad fishing between 11)00 and 1904 was No. 21. DEPARTMENT OF FISHERIES. 49 due to illegal fishing and high freshets and not materially to the German carp. It must also be admitted that the German carp is not the only destructive fish. In fact there are others, which,* like the German carp is not indigenous are even more destructive than the carp, notably the black bass. If it were not for the splendid game qualities of the fish and its equally fine table qualities the man who first introduced black bass into the waters of Pennsvlvania would be execrated as heartily as Benedict Arnold. Apart from individual objections to the German carp there is one feature about the fish which must cause any thoughtful person to pause before declaring emphatically that it should be exterminated and that is its growing value for food purposes in the market of the great cities. For a long time no person ate the carp except the Italian. A large and impor- tant clas^of citizens began buying them for their table because they could buy them alive, clean them and prepare them according to their religious rit(*s. Today it has even a more widespread sale. More than 4t),000 pounds are sold weekly in the market of Philadel- phia alone and with one or two exceptions is the highest priced fish, bringing retail sometimes as high as 20 and 22 cents per pound and rarely less than 10 cents. At ten cents a five pound carp will bring nearly as much money as a buickerel and black bass are abun- dant. To-day the people in that locality understand a little better especially since the introduction of the blue gill or Lake Erie sun- fish, a species much larger and more valuable than the indigenous long eared and common fish which has a distinct commercial value in the Erie markets. As the sunfish was b(»ginning to disappear in the streams of Berks, Rucks and other counties having considerable population, and where most esteemed it seemed desirable that its artificial propagation should be undertaken. Experimental ponds were constructed at both Torresdale and Wayne and the method of culture pursued was the same as for black bass, namely, to permit the fish to build their own nests, deposit their eggs naturally and hatch them without dis- turbance. Success was both immediate and gratifying and ponds were thereupon ordered built in all the hatchery grounds where black bass are reared, but wherever it was that the water was suit- able. The Department of Health hearing of this work asked the De- partnuMit of Fisheries to engage in it to as great an extent as possible, ])ointing out that the sunfish is exceedingly fond of the larvae of the mos(|uito and that as the fish is especially suited to many waters in which the pestiferous insect, especially where the mosquito breeds, the introduction of the sunfish thereith would be a great aid to the I)e])ai'tment of Hjealth in its warfare against the malarial mosquito. This proposition naturally had my full sympathy and has since had my active aid. Many thousand fish of the blue gill, long eared, common and even the small yellow sunfish have been turned over to the Department of Health for its meritori- ous purposes. S4 REPORT OF THE OfE. Doc. There is little or no skill required to propagate the sunflsh. A pond of considerable area with a gravelly bottom and with an average depth of about two feet is all that is necessary. The space cleared for nests is larger than that cleared for black bass. The male is more pronouncedly polygamous than the bass and fre- quently has three or more females on the nest at the same time. Ho far as their own species is concerned they are friendly and a dozen or more nests may frecpiently be found in close proximity to each other. The males of th.e black bass are, however, fierce to- wards other fishes of their own kind if they intrude or attempt to intrude upon the nest and it is a curious fact that the sunfish will successfully drive away even a black bass if it approaches too near his home. One can almost imagine seeing the scales of the sunfish spread out like the feathers of a bantam rooster as he angrily drives away a fish as it ventures to-o near. The hatchmg and caring for the young is almost identical with the methods fol- lowed by the black bass and the little fish follow the same course as the young of the bass, excepting that they seem to hang in schools rather longer. While it is desirable to remove either the young fish or the old from the breeding pond it is not necessary since the large fish are not so prone to devour their young as tbe black bass. Still many will be eaten and therefore the separation is desirable and I believe the best results are obtained by removing the old fish from the breeding pond and allowing the small fish to remain. I believe this to be best because it is probable that there would be more food than in the average fry pond. SMELTS. The efTorts being made by the Department of Fisheries to estab- lish salt water smelts in our fresh water lakes and ponds are for a two-fold purpose. , , ,. . , , « u First to provide a valuable and delicious food hsli. Second, to provide a good food for the gamefish. ^^ ^ ^. ^ It has been proved conclusively by the State of ^ew \ork that smelts although a salt water fish can be successfully cultivated in fr^sh water. Lake Champlain, and I believe Lake George, contain '^TMsipeckVorfis^ although a salt water fish spawns entirely in fresh water, and through the courtesy of New York I effected an exchange for the last two years by giving New ^ f ^^^^ ^^^^^ sand brook trout fingerlings for several million «\"^';t e^gs These eg-s having been hatched were planted in a lake in \\a>ne county, which while of small size, is similar in character to Lake Champlain and with a spawning bed exactly the same as that desired by the smelts when seeking places to deposit their eggs It should be determined in the spring of 1008 whether or not tlie efforts have been successful to introduce the fish. \ I No. 21. DEPARTMENT OF FISHERIE:S. 65 HYBRIDS BETWEEN BROOK AND BROWN TROUT. Three years ago Wm. Buller, Superintendent of the Corry hatch- ery, fertilized eggs of the brown trout with the milt of the brook trout. The result was about 200 exceedingly beautiful fish with pro- nounced marks of the true trout or salmon. As the fish comes to- wards maturity the scales of the true trout are plainly visible. Ap- parently there are no spots, but on the sides there are a thick marble appearance identical with that on the back of the Charr or Salvelinus. Apart from the scales the fish bears a very close re- semblance in outline to the Charr. It therefore became interesting to watch and see the jK^riod of maturity, whether it would be the twenty months of the Charr or the three years of the true trout. At the age of twenty months two of the fish produced a few eggs, but they were no good. At the age of three years, in the fall of 1907, not one of the 200 fish at the Corry hatchery showed signs of spawning when the brook trout and brown trout spawned, and we are now awaiting curiously to see whether the fish will spawn in the spring along with the rainbow trout, or whether the hybrid will prove barren like the mule. There is a general belief that hybrids are nearly always barren. As a matter of fact the opposite is the case. The mule is one of the very few instances in which barrenness results from hybridiza- tion. ^ One of the purposes in hybridizing the brook and brown trout was to produce a fish about the size of the brook trout which would thrive in waters in which brown trout would live and which had become too warm for brook trout; streams, for example, which are found in abundance in Delaware and Lancaster counties. Even though the hybrid should produce eggs later in the season, the purj>oses for which the fish was bred has not been realized. The hybrid has proven to be much larger than a charr or brook trout would be at the age of three years, and hence is not suitable for dis- tribution. If the hybrid should prove fertile it will be crossed with the brook trout and another effort made to bring it to a proper size. This will naturallv cause another delav of three vears. WORK ON THE HATCHERIES. Every one of the hatcheries, operated by the State made a dis- tribution of fish during the year. This is the first time that none was missing from the list. Spruce creek and Crawford hatcheries were started in June lOOfi, too late for the superintendent to turn out any fish that year, so that the output for lOOfi was from six hatcheries. As both stations are primarily for the proi>agation of REPORT OF THE Off. Doc. bass it was not expected that they would be able to make a very heavy record in 11)07, and the results therefore are very satisfactory. The sum of |10,0U0 appropriated by the last Legislature was ex- pended on Crawford, Spruce Creek, Bellefonte, Wayne and Torres- dale, giving them all good starts, and much was done towards im- proving the other stations. . . . - .-- CORRY HATCHERY. The Con-y liatehery, known under the old Fish Commission, which preceded the Uepiatmeut, as tlu- Western Hutclury, is the oldest establishment in the state. It was imrcliased more than thirty years ago and is designed almost exclusively for the propagation of brook trout. When there were but three hatcheries, the bulk of the State appropriation for several years was expended on this station, and through the pride and hard work of the superintendent it was built into a beautiful park and was the pride of tl>^' P"^"!* ;•.«' ^n^ countv. For several years before organizati.ui of the Depaitment onlv enough money was .-xpcnded to actually do the work of hatch- ing and distributing and practically nothing was expended on re- pairs. As the result, (he properly began to tall into deca) and when it came into the hands of (he Department the proiMTty was in a deplorable condition. The oldest hatchery house was on the point of falling down. The barn, which about seventy-five j-ears ago was a mill, had to be shored up by large beams to keep it from toppling over. The floor of the No. 2 hatching house was rotten and had given %wv in si>veral places. The sid<.s of all the ponds were boafded. ami the majori.y of them had >^-,-''-;'!;';» '■<:}'"'^<:^ after being built. The conse.iueiic.s was that not ha f the full stock of fish could b<. carri..d in the ponds. The No. :! hat.lung house wL the only building in good condition. In the ^fj'^-^i^^ the life of the Depaitment of Fisheries, 1 used what little mom > hat could be spared towards repairing the worst of the dilapida- lion No 1 hatching hous,. was lemodelled. excepting the troughs; a new 'floor put in the Xo. 2 hatching hous<. and the rotten board sides of three of the ponds replaced with tile blocks, and a new dwelling built for the superintendent. This year, having a little more monev on account of 's,K>eial appropriation to the new hatchery, Hevo^ed a oonsid.rable sum to th.' remodelling of the Corry hate ■ erv All the i.onds .m the front of th,> ,.roperty have been recon- strncted with tile and concrete sides, and there is sulTicient "'"lerial on Imnd To reconstruct next summ<.r all the ponds on the property. Tnew barn was built on the site of the ->artment possesses. The quantity of eggs gathered is so vast on this section fi'om Lake Erie that the Erie hatchery can no longer take care of them all and a great many million white fish, lake h(»rring and wall-eyed pike eggs had to be sent this year to the Crawford hatchery, cmongh to fill that station. One of the batteiies in the Lake Erie hatchery, built about nine or ten years ago, became rotten and had to be rebuilt., and the ceiling under the gi<'at Avater tank which sui>])lies the hatchery had to be shored up until I can \;i,(^\ sufficient sum of money to put in new joists and make the job permanent. 58 REPORT OP THE BELLEFONTE HATCHERY. Off. Doc. Bollofoiitf^ Hatchory Station, No. 3. was cstablislied by the De- partment of Fisheries in th(^ summer and fall of 1003. Believing that temporary work was folly and expensive in the long run, whatever was done on this station was of a permanent (character. Every pond has concrete sides and* the sluice ways of the same material. It was also planned in such a manner as to provide both for pres(»nt and future drainage of each pond. There were those who when the station was first (established, said that the ground was too flat to make a very successful hatchery. It was predicted that the half a dozen i>onds would be the most that could be built. I freely admit that T was entirely responsible for the selection of the site. I had faith in it and my faith has been justified. Instead of the total number of six ponds there are now fifty-nine ponds in this hatcherv containing more brook trout, it is said, than any one hatchery in the United States under state or national control. The report of the superintendent and the assistant superintendent of the station shows that bv actual count there are 88.741 fish from one to four vears old. By this time next year T expect to have, if possible, at least a dozen more ponds or over seventy ponds at this hatchery. Indeed, with the tremendous stocking we have at present more pond room will be imperative. One group of twenty- seven ponds at the lower end of the hatchery now in active use is declared by manv practical fish culturists to be the finest and most perfect set of ponds they have ever seen, and it is to this group that fourteen or fifteen more ponds will be added as soon as pos- sible The ponds in this group are so concentrated that any two mav be drawn without disturbing the water supply of the remain- der Instead of six or seven the fifty-nine now built, the section now in use is capable of sustaining at least a hundred ponds, and the water supply is ample to build as many more in other parts of the DroDertv Some^ fish culturists have i)ronounced against hard water, or water impregnated with lime for trout hatching purposes. The water at Bellefonte is as hard as any I have ever met with and I doubt if there are healthier fish to be found anywhere than at the Belh'fonte hatcherv. Thev are of a better color perhaps at Corry. \s most of the' fish at the Bellefonte hatchery are young, the output was less than 3,000,000 in 1007, and will be about the same in the spring of 1008 but with this advantage, in lOOS, that two- thirds of the eggs hatched at Bellefonte in 1007 came from other places while in 1008 they are from our own fish. During last summer I built ten new ponds and capped four others to confo'iMn and the grounds were beautifi(Hl. At this station an attempt was made to rear Atlantic salmon, and a few have been brought to spawning eggs, but unfortunately they are all females Some rainbow trout is also reared here but to the mystification of fish culturists instead of spawning in February or March as they had in other natural environments they spawn the same time as the brook trout. 'M I GROUP OF TROUT PONDS AT BELI.EFONTE HATCHERY. No. 21, DEPARTMENT OF FISHERIES. n WAYNE HATCHERY. The Wayne hatchery is situated in Wayne county in a beautiful valley in the head waters of the Laclva waxen river, wliich flows through the grounds about a ciuarter of a mile from the village of Pleasant Mount, and two and a half miles from the nearest rail- road station. It was established in 11)03 bv gift of Miss Alison B. Sterling and James T. O'Neil, of Tleasaiit Mount. It has been added to subsequently by purchase until there are now about thirty acres of land, most of which is splendidly adapted to fish culture in its various branches and the remainder which is hilly wood- land affords protection to the plant. It is a combination station, that is trough hatching for various species of salmon and trout, pond culture for black bass and a battery station for field fish work. Wayne county and the adjoining county of Susquehanna contain over two hundred lakes and this affords opportunity for gigantic field work in yellow perch and pickerel. It is from this section of the state that we gather most of thie huge supply of pickerel and perch eggs hatched at all the stations including Torresdale. \\'ayne is, therefore, one of the most im- portant of the eight hatcheries. While the station is admirably adapted to the quality of the work one of the weak points of the Wayne hatchery is the dilliculty (luonntcred in building ponds which will hold water without leeching. The Lackawaxen Creek, which flows through the grounds at one time ran down the east side but gradually cut its way across to the west and as Wayne county was one of the three counties in which the huge mer-de- glace of the ice age wrought the most destruction, the grounds just beneath the surface was a mass of loose and gravelly sand. There are a number of springs on the hatchery, all small, but when brought together yield about four hundred gallons of water of a temperature of 4G degrees, uniform throughout the year. These springs proved to be not deep springs, but probably leecliings from the upper part of the Lackawaxen and the surrounding hills. ITnder normal conditions, notwithstanding this fact, there has never been a diminished supply of water and nevKM- a variation in the temperature. The one exception in the variation in supply occurred last winter and it was this variation which proved conclusively that the water did not come from deep springs. The winter tempera- ture of Wayne county is very low in places. In Mount Pleasant townshij) the temperature frequently is between 28 degrees to 30 degrees below zero, and below that even. Last winter for more than six weeks the thermometer never rose above zero. At the end of about ten days there was noticed a diminished supj)ly of water from the spring and the supply continued to diminish untfl it fell at the rate of twenty-five gallons per minute. A pipe which carried an additional supjily of water from the hatching house to the creek froze solid, so that then' was only the thirty-six gallons mentioned to su]>ply 3,()(H),000 trout. It is to the credit of the superintend- ent and his men that by working night and day these fish were saved, excepting about 300.000. It was done by placing aerating apparatus at out-flows and in addition to hand aeration kept going 60 REPORT OF THE Off. Doc. night and day until the water tlow returned to its normal state, which was about four weeks later. An examination later on in- dicated strongly that surface water leeching into the fissures through which the spring water flowed, froze and choked them up. On account of the small spring water supply it is not possible to have very many breeding brook trout at this establishment, and most of the eggs therefore must come from other stations or other plants. The take this year from our own fish at AN'ayne was 300,000, but about 1,700,000 ^vere shipped in from Weissport, Penn Forest and the Blooming Grove Hunting and Fishing Club. The field work carried out in connection with Wayne produced about 108,000,000 pickerel and 113,000,000 yellow perch fry and ihe shipment of 40,- 000,000 pickerel eggs and 41,000,000 yellow perch eggs to the other stations, besides 1,050,000 brook trout eggs to other stations. Black bass work at Wayne was a failure in 1!)()7 so far as distributing was concerned, although over -100,000 fry were gathered by field work and from eggs hatched at the hatchery. The failure was due to the superintendent not succeeding in beginning his distribu- tion before the ponds were filled with algae, the prevalence of a drought which prevented him arawing the pond. Filthy water from a reservoir three miles above the hatchery and canibalism destroyed the entire 200,000. Frog work was for the first iime at Wayne of small dimensions, owing to his having been compelled to abandon the site occupied in previous years as the frog pond, the site being m'eded for a road- way to the hatchery house. TJie out])ut was only 10,000. The Superintendent made a very interesting and successful ex- periment in suckei' culture, the details of whicli will be found in his report. I consider the experiment of some impoi"tan<'e owing to the fact that whih' in certain sections the sucker is not thought highly of, it is estemed in many sections of the state and in those sections there is a demand for the maintenance of a sui)ply. While I per- sonally regard the sucker as a coarse fish I feel that all native fishes which h;iv<' an economic value be protected and cared for. I there- fore intend to continue the jnopagjition of the sucker. A curious feature of the superintendent was that apparently every one of the ("ggs hatched. Cut throat trout culture was not successful, owing to the fact that the eggs sent from South Dakota did not arrive in good condition. Owing to the fact that there were nuuiy applications for lake trout and wall-eyed pike for this region, for economy sake 1 ordered eggs of those fishes sent there for hatching and distribution and the work was highly successful. Most of the work of pond building and indeed most of the work of the Wayne hatchery ju'evious to 1!)07 was of a temporary char- acter, owing to the very small apuro])raition made to <'stablish it, but with a better ap]>ropriation of the session of 1907 I w;is able to begin permanent work with the result that a series of trout ponds with concrete sides was constructed. \: No. 21. DEPARTMENT OP FISHERIES. TORRESDALE HATCHERY. <1 The Torresdale hatchery was formerly a field station for shad, located at Bristol, Bucks county, on the Delaware river. In 1904 the city of Bhiladelphia having transferred along a nominal lease of one dollar a year a ten acre tract at Torresdale, the field hatch- ing house was moved thither and turned into a combination hatch- ery and field station. Of the ten acres only seven were on dry land, three being in the Delaware river, covered by high tide. A small stream flows through the property and by persistent work the seven acres are now nearly filled with ponds, or laid out with grass plots, trees and walks. There is a handsome dwelling house erected by the city of I'hiladelphia, a commodious barn and other buildings. Large mouth bass were propagated last spring and a large number of sunfish, cat fish and other pond fish. Over 40,000,000 yellow perch eggs were gathered and hatched and over 5,000,000 shad eggs. UNION CITY HATCHERY. The Union City hatchery was established under special act of the Legistlature in 19t)5. The act carrii'S with it an appropriation of $15,000 for building, provided the citizens of Erie county presented the land necessary, the land being approved by me before accept- ance. The people of Eri(.' county, especially of Union City com- plied with conditions and presented a tract of land about a mile outside of Union City. One section near the upi>er end was at once staked out, the section covering about five acres. The section today is completed with a large modern d<'signed hatching house for lake trout, ice house, meat house and ponds for black bass, yellow perch, sun- fish, rock bass and calico bass. Grading lias been completed and the grounds sodded or sown with grass seed and planted with trees. Walks and drive-wavs h ive been constructed and nearlv finished. A second section of about three acres was staked off during the summer for fry ponds .md a battery hatching house. Two of the fry ponds were finished by the first of December and in about two years I hope to have tbvs second section entirely finished. At this station and Crawford the greatest successes were met with in bass culture. ?n fact the two stations turned out nearly the entire supjdy. The rej^ort of the sujierintendent giving details of his work with bass wdl b(^ found not only interesting but exceed- ingly in.structive. As he battery house had not been erected the few thousand yellow j erch eggs gathered at this station were sent to Erie for hatching. CRAWFORD HATCHERY. From a huge swanp overgrown with briars, alders and swamp willows, the Crawfor « hatchery slowly is emerging into a neat and well equi])ped fish latching station. The proi)erty, twenty-eight acres, was a gift to ^ 'le state by citizens of Meadville and Conneaut Lake, twenty-five acres having been given in 1905 and three acres last year. Owing to the very small ajjpropriation, !f!10,000, having been made by the Legislature for the three hatcheries, it was not 62 REPORT OF THE Off. I>oc. possible to make a beginning at Crawford until June, 190G, and then there was only sutlicient funds to clear the land of brush and build a retaining dam across the Conneaut Lake outlet to supply the hatchery grounds with water to build one bass pond, two frog ponds, one fry pond and to partly build one yellow perch pond. Yet with this small beginning the station turned out this year 1G3,- 050 fish and frogs, and what is more satisfactory, of this number 32,350 were black bass. With the appropriation made at the last session of the Legislature it became possible to i>erf()rm more extensive work in construction. Three buildings, one a dwelling, one a barn and one a battery house, all complete in their details were built. A very large pond for bass was constructed, the yellow perch pond completed and two fry ponds dug. Drains were laid, .dykes were built and when certain paths and drives are made the upper section of the hatchery will be completed, very satisfactory work I take it for one vear. As it was designed to make the Crawford hatchery in addition to its specific purpose a feeder for Lake Erie, the hatching house was built of a much larger size than it would have been for eggs. It has a capacity for three huge batteries of the Alpena holding 1,050 jars. There is at present one battery built and in operation with 350 jars on the first of December, all filled with white fish and lake herring eggs. The bass work at Crawford was not only successful but piirticu- larly creditable to the superintendent in view of the fact that the first hatching was entirely destroyed through an abnormal fall in the temperature of the water in the middle of June. New breeding fish were at once secured and from 40,000 fry hatched therefrom he succeeded in distributing the 32,350 already mentioned. Refer- ence of his report appended elsewhere it will be seen that as a con- sequence of an experiment in feeding fry while still on the nests he was enabled to ship fish in thirty-five days which were as large as fish ordinarily fifty days old. The superintendent's success with some fish was also phenomenal, notwithstanding the ravages of disease he reared and distributed a large number of frogs; indeed there is not a failure to be recorded for the Crawford hatchery for the year just ended. SPRUCE CREEK HATCHERY. The ground for the Sr)ruc.e Creek hatchery was broken a few weeks later than that at the Crawford hatchery. At the beginning of the present year there was a bass pond and perch pond, one large fry pond and a number of temporary trout ponds from which there was a small output of fish of the species named. As there was a spring of huge size well located, a hatching house for trout, one hundred feet long by forty feet wide and with 120 troughs set in tiers the same as at T'nion City was built and a number of well designed trout ponds. An opi)o"rtunity offering I purchased a piece of ground practically adjoining the* hatchery, containing one acre and on which there was a well constructed frame house of eight rooms, another house of five rooms and a small barn, the whole being secured for |2,250, probably the cheapt^st property I No. 21. DEPARTMENT OF FISHERIES. en S3 O be a o *a e3 W U H <1 X y O a o ;:^ a- have been able to secure where money had to be paid. I am sorry to say that big spring has given a great deal of trouble, so much that unless some means are found to obviate it water to supply the hatching house will have to bt* brought from otlier springs on the hatchery but on the west side of the creek. The volume of water flowing from the spring when the property was secured, was in the neighborhood of 1,000 gallons a minut<'. The spring burst out from fissures at the base of the mountain on the east side of the north end of the grounds. In order to secure a proper flow into the ponds for the proposed hatching house with- out wasting much ground, the spring after being thoroughly cleansed was raised to a height of thirty inches. The raising of the spring caused a back flow and a new outlet formed a little above the upper oullet. This was tilled up. The temperature of this water was about oO degrees. The water is what is called mildly hard. There was no noticeable change until a few days after the new year, when suddenly and within an hour the volume from the spring doubled and for a couple of days was slightly discolored. About two weeks later there was a second increase nearly as great as the first also accompanied by a tempor- ary discoloration of the water. A week later immediately after a great thaw and melting of snow there was a third and temporary increase, but no discoloration. The third increase did not last for more than two or three days when the water fell to an estimated output of about 3,000 gallons a minute, which volume was main- tained on April 1st. By May 1st the water had fallen to about 2,000 gallons where it remained until the 2d of June when it again increased and was quite muddy. It thus became evident that by the raising of the spring a passageway was opened somewhere underground into another subteranean stream and one which has a surface flow some- where within a few miles. In consequence of this variation in the volume it became neces- sary to both enlarge and raise the sides of the spring. Also to make A Spill- way to carry ott* the surplus water. This was done. Since the summer, while there has been some variation in volume, it has not been material, it remaining on an average of 2,000 gallons a minute. If the sudden increase in volume and subsequent variations had been all there would have been little to trouble either the super- intendent or myself, but with the second increase there was a sud- den appearance of n black, greasy-like substance which was carried in suspension through the water in vast quantities. When some of this was placed in a jar, it sank to the bottom, finally showing that it was not grease. Examinations innde by the United" States Bureau of Fisheries and in this office and by a vegetable biologist showed that the substance was a subterranean algae. It was supposed that the raise of the spring caused an o])ening to be washed somewhere in its underground passageway into another subterranean stream which contains the algae. An unfortunate feature of the appear- ance of the substance was that it caught into the gills of th!e ad- vanced fry, inflamed the gills in some, and produced sore throat in 64 REPORT OP THE Off. t>oe. others, so that all the fish in the troughs were destroyed excepting about 80,000. The algae decreased in quantity as the weeks went by until bj the first of July it was entirely gone. There was a reappearance however, the latter part of November. It appeared, however, slightly different, being both finer and greasier in its character and keeping nearer the surface, but it went low enough to get to the eggs in the troughs, and I am afraid that the loss therefore will be necessarily heavy. It is a curious fact, however, that the fry and advanced fry did not appear to be affected this winter by the sub- stance. It is the eggs only. Fortunately, however, if this algae is to be a permanent feature of this spring it will only require about 300 feet of piping to connect the spring on the west side of Spruce Creek, provided that those springs can be raised to a height of four feet which is believed can be done because apparently the water issuing from them come from near the summit of the^ steep hills the foot of which begin on the west side of the highway which ex- tends along the west of the creek. If this cannot be done then the water must be brought from a spring 1,300 feet from the hatchery grounds. The water of the big spring can still be utilized for the trout ponds as it does not effect breeding fish or even fingerlings. Prof. H. M. Ullman, of the Lehigh University, South Bethlehem, having written me that he would gladly analyze any water used in the hatcheries, I sent a sample of the water of the big spring on the Spruce Creek hatchery to him. He promptly returned the fol- lowing analysis: c o bo u %. m a 2 Total solids 142.5 Mineral solids 127.5 Organic solids, 15.0 Total hardness, as carbonate of lime (soap test) ' 110.5 8.31 7.44 .87 6.45 Concerning the subterranean algae Prof. Ullman wrote: "As to the growth in the water I suppose that it may be Spirogyra, and that it indicates that the water is slow running or almost stag- nant." The water is certainly not slow running as may be measured by the quantity, 2,000 gallons or more, which fiows every minute. There may be and it is })ossible there is a subterranean pool a short distance back in the mountain side where the water would be quiet enough to allow the algae to develop and grow. From the quantity of solids it might be mentioned by some that the water would be unsuited for trout. As a matter of fact we have no hatchery in which when not bothered by algae the fish grow more rapidly or remain in better health. No. 21. DEPARTMENT OF FISHERIES. 66 AUXILIARY PRIVATE HATCHING STATIONS. In my last report I argued the desirability of establishing through- out the state auxiliary private hatching stations. That is to say, the utilization of private ponds on gentlemen's places for the rear- ing of fish for distribution in the neighborhood. I had received many letters from gentlemen owning private ponds who were anxious to secure fish for them for their own pleasure and who had no knowledge of how to get them. Of course under the law these correspondents could not secure fish from the state, and it struck me that some means might be devised by which they might legally gain their desires and at the same time result in benefit to the state. The idea of auxiliary private hatching stations was evolved. With this idea Mr. Bromley Wharton, private secre- tary to the then Governor Pennypacker, offered his two ponds on his property in Bucks county as an experiment. The outcome sur- passed my expectations. A surprising number of black bass was reared and planted in public waters. The ponds were equally suc- cessful this year in rearing sunfish. I am now about to experiment with some ponds for trout on the property of the Hon. F. P. O'Con- nor, Judge of the Cambria County Court. During the summer and autumn, Judge O'Connor began the construction of several ponds on his property in Somerset county on i)lans prepared by me and they will be stocked with trout for breeding purposes in the spring of 1908. The plan in this case is to rear the fish to breeding age, take the eggs and transfer the surplus males to another pond and the owner of the property given permission to take them in the ordinary legal method, but the breeding females not to be disturbed or caught until they cease to be economical for breeding purposes. I have several offers under consideration, some for rearing sunfish in sections where this fish are in demand and not easily reared from the hatcheries, and one or two for black bass. Mr. Wharton's plant is under the supervision of the superintendent of the Torresdale hatchery, but under the terms of the understanding by which the poiids are used, all the expense and work are borne by Mr. Wharton, excepting the gathering and planting of the young fish, which is taken charge of by the superintendent of the Spruce Creek hatchery. DEATH AMONG YOUNG TROUT. For the first time in Tuany years there was a serious death rate among the young trout in the different hatcheries of this State in which this species of fish were reared. The trouble began about the last of February when the troughs were crowded with the little fish. The curious feature connected 5—21—1907 M REPORT OP THE Off. Doc. With the trouble was that in three liatcheries out of four the original cause was different, and it is also curious that the trouble was almost simultaneous in the four hatcheries. The first announce- ment of trouble came from the .^jiruce Creek hatchery, where Mr. Haas, the Superintendent, reported that a vast (luantiTv of a j^reasy fl'oatin^- material had appeared in the sprinjr and that it was getting SnT^!? ^^''* ^^"^ ''^ ^^''^ ^'"^"^ ^'y ^"f^ ^^''^<'t^ them. There were about 800,000 in this station. Less than a week later Mr. Wm. P>uller, Superintendent of the Corry hatchery reported that the fry in his station were dyinjr in vast numbers from a disease known anions fish culturists as "sore throat." The superintendent stated that a large quantitv of snow water had gotten into the spring, and that the frv "went off their feed," and then contracted the disease. The same mail brought a letter.from Mr. Nathan Puller, Superin- tendent of the Wayne hatchery, announcing that his fish had become very weak and were dying on account of an insufficient water supply- He reported that there had been a ])rolonged spell of extremelv cold weather, which caused the water pipes carrying ^vater from the Lackawaxen Creek to the troughs to become frozen solid. cuttinhone by How- ard Buller, Superintendimt of the Bellefonte hatchery to" reimrt that the fish in his hatchery had become weakened through a de- ficiency in oxygen and had contracted "sore throat," from which thousands were dying. Here were three distinct causes relating to death. An investiga- (lon of the trouble at Spruce Creek developed the fact that the greasy substance which had gotten into the spring was an al<^ae which thrives only in darkness. I ordered the covers to be taken from the spring, and to my amazement found that not a particle of aWae was on the bottom, and that it was floating through the fissures which supplied it. It was therefore evidently drawing in some sub- terranean place and therefore entirely beyond control ^ Notice was given to the Superintendent, and to the other super- mtendents to begin shipping, knowing that if the young trout could be safely deposited in the streams the trouble would cease and the fish recover. I?efore the fish could be distributed all had died at Spruce Creek, excepting 80,000. Tlie trouble in the hatcheries among the fish was published broad- cast throughout the State, and the reason for shipping at once re- gardless of weather conditions, were also given, and it is a pleasure to note that of the nearly 4.000 ar.plirants there was only one ap- plicant who protested, and he did so only because he' had not heard of the e])idemic. On learning the cause of early shippin With the thinning out of the troughs the disease at Corrv and Rellefonte began to abate, and the fish began to take food more freely. No. 21. DEPARTMENT OF FISHERIES. •7 By April first the trouble had almost entirely disappeared in those two hatcheries. At the Wayne hatchery the Superintendent and employes employed every means possible to avert complete dis- aster. Aerating apparatus were employed to force oxyg(^n into the small water supply, and with some good effect. Further aid was given by hand aeration. Fortunately after a little more than two weeks the spring began yielding its normal supply, and with the thinning of the fish fronrthe troughs through shii>])ing the young trout remaining were soon in a normal condition of health. It is^ curious that the "sore throat" disease at Corrv and Belle- fonte were of a dilferent character at each station. At Bellefonte it was the red spot on the throat which is often found on lake trout fry, but at Corry hatchery the color was a dull orange. The usual remedies were tried, but with very little effect. Salt, the fish cul- turists great panacea proved the best effect, but even that was scarcely perceptible. To tiie energy and ceaseless work of the Superintendent belongs the credit of keeping the mortality down to the proportions that they were. It is interesting to note that the trouble first broke out among fish which were hatched from eggs received from a private hatchery. The fish from which the eggs were taken were known as "forced fish," about 22 months old. An unusual number of "ringers" were noticed among the eggs, and the fish which hatched were not as strong as those hatched from eggs of fish which were normal fish. They were the first to stop feeding, the first to con- tract disease, and'the first to die. Undoubtedly, even though there had been no fish of this character in the hatchery, the disease would have appeared just the same. Death was inevitable from the algae. Disease and death were inevitable among fish weakened through an insufficient amount of oxygen. COMMERCIAL TROUT HATCHERIES AND THEIR SURPLUS EGGS. I am pleased to say that the number of trout hatcheries is in- creasing, notwithstanding the unjust and burdensome laws which now restrict their usefulness and development. Two were added to the number last year and three others it is expected will be started in 1908. There are six good sized plants now in operation of this characv<^r. Most of them having surplus eggs gave them to the state, the only condition being that skillful spawn takers be sent to gather the crop. The state was the gainer thereby by 3,500,000 eggs. It is a benefit to the fish to take their eggs and occasion- ally it is a benefit to the commercial hatchery to have ex- perienced spawn takers assist their men. Nevertheless, I feel that it would be better if the state were to ap])oint a sum of money sv»ecifically for the purchase of surplus trout eggs at the commercial hatcheries in Pennsylvania. The price per thousand might be said to be less than the market rate on the ground that it was surplus 68 REPORT OF THE Off. Doc. No. 21. DEPARTMENT OF FISHERIES. 69 eg^rs only that would be purchased. By paying a small sum it would be an encouragement to the owners of commercial hatcheries to keep their stock to the highest limit knowing that the surplus eggs would be disposed of and not be lost. NEW WORK rXDEinWKEN OK PIIOJECTED. Since the creation of the Dei)artment the following is the work undertaken which had either never before been attempted or only on a small and exjurimental stage: ' The propagation of frogs, the chain pick(Tel, the sunfish and the ca insn. These were entirely new ventures, the yellow perch and black Dass, which had before only been exju'rimented with having either made complete success or placed them on a fair working founda- tion. I have projected other and important work to be begun either in 1908 or at the earliest possible moment. Amon- them may be mentioned the proi)agation of suckers, of chubs and fall fish of fresh water pearl and edible muss(>ls, and fresh water terrapin. Of the first, namely, the suckers, I have treated elsewhere The fresh water mussel will be the next extensive experimental work Its success will mean thousands of dollars to the State of Pennsvl- vania, and i)rove a great boon to the people. Several fresh water mussels are notiible pearl bearcTs, and in several parts of the country are already of great commercial im- portance. Census figures show that in 100.-, the value of the frc^sh water pearl button made in the United States was near 15,000 000 Wi *f ;'lm olo^ ^?'''' ^^?'\ ""'''' credited with |1,S1.%1G7, while Iowa had f;i,.^()l),049. Iowa had at that time 51 factories for the manu- facture of buttons from the pearl mussel, althoujjrh New York h.Vd only 20 but larger establishments, but the bulk of the industrv'is sai( to be along the Mississippi valley. This in.luslrv is from 'the shell alone while the ])earls which are yielded have a greater value As far as I know I belic^ve there are three si>ecies which have a special value either for their j.earl bearing qualities or for their s lells for the manufacture of buttons, or both. One is known as the Margaritana Margaritifera, a second is the Lampsilis Ventri- cosus, commonly known as the pocketbook, and the third is the Lampsilis Luteolus. The first named is peculiarly adapted for cultivation in many of the trout streams of this state. Its value is almost whollv as a pear producer. Tlu^ gems aiv of good lustre and are found very Identifully. At the i)resent time there is as far as known onlv one stream in Pennsylvania in which the Margaritana is found 'it is a trout stream in Schuylkill county, but S(H'kers after penris have so depleted the stream that last year (1907), mv collectors were unable to find a single live specimen, though thev found many shells The two Lampsilis are mussels which thrive best in warmer waters and should do well in streams like the Susquehanna, Dela- ware, Allegheny and their tributaries. The Lampsilis Ventricocus, or ''pocketbook," is an excellent but- ton shell and is also to some extent a pearl producer. The Limpsilis Luteolus is a smaller sized mussel of less value for the manufacture of buttons, but is a better pearl producer, so it is said. Through the courtesy of the United States Bureau of Fisheries I received a number of specimens of all three. The Margaritana from Massachusetts, and the two Lampsilis from the Yellow river, In- diana. These mussels were plantinl in two of the ponds in one of the hatcheries and next year another and larger supply has been promised by the United States Government. For the present I shall simi)ly permit the mussels to propagate naturally, but, as soon as possible, I will experiment with a few by propagating them if i)0ssible by artificial means, similar to those employed in the propagation of the oyster. On account of the great value of the mussels as a pearl producer and because I believe that better and (piicker results will be achieved it is not my intention to make the earliest plants by grant- ing applications as is done for fish, but to plant them directly by the employes of the Department in the most suitable water and loca- tions. Of course the outcome of this work is as yet purely problem- atical, though I hope my next report will show success in rearing niiissels in the hatcheries. Before leaving this subject I would like to quote a portion of an article which appeared in the Chicago Examiner last summer con- cerning the fresh water pearl industry in the Canadian Wilds. It follows : "In the mighty streams flowing through Ungava, Canada, a pro- fitable pearl industry is carried on among the Indinns and Eskimos. ^'Harrenness and desolation, rocky shores beaten by an icy sea, long winters and short inclement summers are the chief charac- lerislics of that northern land. Signs of hnman life are scarce and at intervals nuiy be se(n rude huts or rocks erected by whale and seal hunters long since depart(Ml for more prolitable fields. In the long rushing waters of the streams which empty into the sea pearls are found hiding in the shells of the mussels which are often so plentiful as to i)artially block the riv<^r. "Unlike the pearls of Ceylon they are snowy white, nevertheless of the finest quality, although a certain i)ercentage are irregular in sha]K\ At the i)resent time several hundred men are engaged in hunling for the pearls. They collect the mussels and pile them in heap.^ where they are left until decom])osed and then the pearls are ojisily extracted from the shells. Several lai'ge jewelery houses send travelers on ]>eriodical visits to buy these ]»earls, and of course the Hudson r>ay Companies' traders get a fair share of the gems." FRESH WATER TERRAPIN. My feeling for the propagation of the fresh water terrapin has been strengthened by numerous icports which have come to the De- partment that this valuable aquatic food is rai)idly disappearing. In ;o REPORT OP THE Off. Doo. i\\nv\ nmono- dealt'is oonfirnK^d these reports and offered as proof a rapui rise in prices. One dc^aler declared emphatically that unless the -^tJile undertook their propagation the fresh water terrapin would soon be as scarce and valuable as the Diamond Back There appears to be five species in the waters of Pennsylvania of whuh two, the ftreen head and the red legged are the most esteemed A few bulls and heifers of the red legged species have been secured' and I have ai ranged to obtain a few dozen of both species in the spring where the first attempt at their propagation will be made at the ;M)iih-e CreoK Hatchery, where both the soil and water condi- tions- ai)])ear to be most favorable. I sui.jjose if the Department were to undertake the propagation of Fnappiiig Inrlles there would be a loud protest from manv parts of the State, ji (though the propagation has been urged by *a few I have no doubt whatever that the time is coming and is 'not far 'dis- tant when there will be a well concerted movement for the ])roT)ajrii- tion ot this valuable turtle, but at present I believe there is no real necessity for undertaking it. FIELD WORK. ]t scdus scarcely necessry to exi)and upon the tremendous im- poMance of field work or the gataering of eggs from fishes which have been caught in the nets of commercial fislR^rmen or which have been deposited naturally by the fish in the lakes and rivers, and also under some circumstances the gathering and protecting in their earliest stages the fry of some fishes, notably the black bass. The work and results speak for themselves. Of the more than GGO Odd.OOO fish hatched and distributed bv this State last year nearlv if not quite (;r,(i,i)()(),000 were the result of field work On- hatchery, that at the City of Erie, is sustained exclusively by field work. The principal results of the Torresdale hatchery are from field work, and the same may almost be said of the Wayne hat heiy, and the Crawford hatchery will undoubtediv in the near luture be principally sustained by the same means, thus we have one half of all the hatching stations under the control of the De- pan ment of Fisheries sustained in whole or in part by field work Tliis i.robir-m of fish cultural work is the most important because It aims to save the waste. All of the eggs secured from fish caught by (he commercial nets would be lost were it not for field work and IK, p^er cent, of the eggs naturally deposited are lost if thev are allowed lo remain where deposited bv the mature female (if the eggs thus garheiTd from Ot) to 05 per cent, are hatched depending upon the saving. The smallest percentage being that of the wall eyed pike; 75 to 80 p;er cent, of the white fish and herring aiv Ixatched; 1)0 per cent, of the shad and 1)5 per cent, at least of the yellow perch and chain pickerel. No. 21. DEPARTMENT OF FISHERIES. 71 By this saving of the wflste the white fish industry in the waters of Lake Erie under the jurisdiction of Pennsylvania has been re- stored to a paving basis. The yellow perch and pickerel are becom- ing abundant ^n wat(ns hitherto either entirely or nearly depleted by th^ same means. 'if the nests of the black bass could be cribbed when the eggs are first hatched and the fry cared for until the sacs were absorbed and the fish wvere 30 days old there would soon be a vast increase in this valuable game *^ and food fish in the waters of the Common- wealth. Unfortunately the amount of money api)ropriated only permits this class of work to be conducted on a small scale. For example, with the excei)tion of about 40,000,000 eggs gathered from fish re- tained in a rearing pond at Torresdale all of the yellow perch eggs were gathered from four out of the 500 natural mountain lakes of Pennsylvania. All of the pickerel eggs hatched in 1907 were gath- ered from the same number of lakes. Until this year all the white fish and lake herring eggs were gathered from one field on I^ke Erie, and that in Ohio waters. A small apijropriation this year en- abled me to add to the Pennsylvania field which rendered an addi- tional 35,000,000 lake herring eggs. With a larger appropriation I could treble or (luadruple the annual output of white fish and lake herring. With an addition to the appropriation the output of yellow- perch and pickerel could be increased many fold. The shad work could be successfully expanded and many hundred of thousand black bass saved. In order to carry on field work pioperly there should be a special approjiriation as large as that which is now made for the operation of the hatcheries so that a crew of coin])etent nuni could be em jijoyed throughout the entire si)awning season of the various types of fishes. If this were done it would be billions and not millions which would be turned out annually by the Commonwealth of Penn- sylvania into its waters. BOATS FOR FIELD AND PATROLING WORK. At the last session of th(^ Legislature the sum of |G,000 was ap- juopriated for the construction of a steam tug for the use of the iXpartment of Fisheries on Lake Erie. The specific purpos-e of the tug was for the extension of field work for patrol work to en- force The fish hiws on Lake Erie and to ke-ej) in place the buoys marki'jg the boundary line between Pennsylvania and Canada. A contract was awarded to an Erii^ firm for the construction of such a boat for th(^ snm of S;5,5S5, the boat to be complete and ready for use and equipped with every a])pliance demanded by the Marine Laws. The boat is to be 70 feet long with a 15 foot beam and have a speed of ten miles an hour. Perfect seaworthiness was required in preferc nee to speed and ten knots was as nnicll as could be obtained for th<^ Hionev a]q)ropriated and taking into consideration the im- portance of \hv boat's ability to withstand the terrific storms of Lak'- Erie. This means a boat which would be serviceable any- wlere on the Atlantic Ocean and almost under any conditions. The boat is to contain accommodations for the crew, a warden and the M REPORT OP THE Off. Doc. fi-^herj ofticials when it is necessary for tliem in tlie pursuance of tUeir duty to be aboard. One important feature is a commodious spawning loom where the eggs of the fish are cared for ^d in winch are kept a number of taulvs for conveying fry for planting The boat IS fitted up, of course, with life boats, Hfe rafts and mort than the number of life preservers called for by the Marine l"ws The boat IS to be completed by the 1st of June, 1908 Tlie Jroqnois Club of Crawford county has made a gift to the State of a gasoline launch for field and patrol work on Conneaut Lake, the largest interior lake of Pennsylvania conneaut The field work to be performed by the means so generously given by the Iroquois Club is for the Crawford hatcherv at the town of Conneaut Lake. The total condition of the gift was thlttho^intl should maintain a warden for Conneaut utke dTing the'montl ^ of April, May and the first fifteen days of Juno, a yerv reasonable condition, since a warden by all meins should Lmfintaintdo,^ that lake during the period named owing to the large number o .1 ogal fishermen who are attracted to this^ody of «X n accoun of Its plentitude of fish life. ■"n "u account THE FISH CAR. The various railroad companies recognizing the importance of fish cultural work of the State carry the fish hatched at the^-arious c^nts without ''•st''''''*''"''"^^ ^■"" "^ ■"■'''•'^' "" "'^' *-'- to thel^pH^ With the yearly imreased outputs from the dilforent hatcheries the capacity of the railroads in this respect is about .^cached and If the increase continues it will be necessary to use not only the hsh^car b,.|oi,gnig to the ])epartm,.nt, but have one or two more Owing to the cost of oiwrating the car which is 40 cents a mile or the round trip it has hitherto been impossibh. for the D^," t mei t to make frequent trips with the car which is stored In a barn built for the same at the Bellefonte lialchery ^ rn2!l -l^'Tl "^ *'""' '■''«"'«l"'l "nancial resources of the Depart ment it will be necessary to operate the car at least three or four times m th.. s,,nng of J-IOS. lt would be a great sav ug in mai v parti.ulars and fish coul.l be more promptiv .^.nt out to applica„ « i I TVni^ appropraition was made for the operation o 'the car N,.arly .-{OO cans can be sent out on a .single trip or five times tlie number that can he sent out in a baggage car'^t one time thus If !)ie car could be used the entiiv stock of trnnt LnM k„ i' -J from the Bellefonte hat^!^t ^^,^7^,^^^^:^'"'?'^ course of the baggage .ar for small lots on branc'i' roads^ "'" °' J i No. 21. DEPARTMENT OF FISHERIES. 73 AQUARIUM FOR PHILADELPHIA. For ten years I Lave been an advocate of the establishment of an aquarium in the City of Philadelphia particularly for the dis- play of Pennsylvania fishes. The great success of the splendid aquarium in Battery Park New \ork and of the smaller but exquisite display of the anuarium in the Lnited States Bureau of Fisheries in Washington, made me desirous that a similar and equally successful institution be operated in Philadelphia. Those who have seen an aquarium do not hesitate to say that an aquarium has a greater attraction for the masses than even a display of live wild animals. With the movements and life history 01 the land animals the public are more or less familiar but the life history of fishes is a sealed book to most, hence their movements in an aquarium have an almost mysterious attraction The educational value of an aipiarium is great.' The aquarium in New lork is constantly filled during the davlight hours with visitors, and a similar institution should be maintained in Phila- delphia by all means. In 1905 the Legislature authorized me to permit the Citv of Phila- de phia for the use of the tanks which held the fish in Pennsvlvania's exhibit at the World's Fair at St. Louis for the establishment of an aquarium. It also authorized me to furnish it from time to time with such Pennsylvania fish as could be spared. A proposition was made at the time by some pcoj.lc interested in Philadelphia to establish the aquarium at the Zoological Gardens, but I was forced to point out, as also were the officers of the Zoological Gardens that there being an admission charged the State's plant could not be placed there. The matter then drifted along until this fall when another effort was made with the assistance of Henry F Walton to secure a site and have the City of Philadelphia make an appro- priation. Mayor Rcyburn and Director of Public Safety Clav be- canie very much intca-ested in Ihe ])roposition and the former su ir- gested a portion of one of the buildings of Hie Commercial Museum in I hiladelphia as a suitable site and ngrcMnl (hat he would support the Hitroduction of an item for 120,000 in th(^ Mavor's budget to the Commercial Museum for the installation of the plant Unfor tunately as the City seemed to be facing a big deficit the idea was subsequently cut from the budget and the matter will therefore have to lie over for another vear. LEGISLATIVE FISHERY COMMISSION. As the laws relating to fish on the Delaware river were in trroit confusion owing to dillerent legislation by New Jersey and Pennsvl vania a Commission was created in lOO.l to meet a siinilar Comm'is sion, appointed by the Slate of New Jersey to s(Ture, if possible uniform laws. ' p^»Miuie, 6 74 REPORT OF THE Off. Doc. No. 21. DEPARTMENT OF FISHERIES. i A uniform bill was drafted and in the closing days of the session passed the Pennsylvania Legislature. Unfortunately Governor renuypacker felt it his duty to veto the bill on several grounds, one of which was that it was special legislation. A second Commission was thereupon appointed under a new resolution at the Session of 1907 and the scope of this Commission was broadened so as to meet also similar Commissions to be ap- jjointed by the States of New York, Maryland and Delaware. The personnel of the Commission was Speaker pro tempore of the Senate, Senator Algernon B. Roberts, Senator Fred. A. Godcharies, both appointed by the Speaker pro tempore. Speaker Frank B. Mc- Clam, of the House of Representatives, Representatives James N. Hi.nter. Hiram J. Sedwick and Alfred Marvin, appointed by the Speaker of the House. Henry F. Walton, Ex-speaker of the House, appointed by the Governor, and Wm. E. Meehan, Commissioner of Fisheries. A similar Commission having been appointed at the last session of the Maryland Legislature the two bodies met first in Maryland and second in Pennsylvania where proposed Legislation agreeable to both Commissions was framed and will be introduced in the Maryland Legislature this winter where it is said it has a fair chance for enactment. Tlie salient features were first to prohibit the transportation of undersized black bass from either State during the close season. Secojid, to prohibit the transportation of yellow perch less than seven inches in length from either State at any time of the year. Third, the regulation of matters in the Chesapeake and Susque hanna. Fourth, the authorization of the Commissions of Maryland or Pennsylvania to enter the waters of the other State and gather fish eggs for hatching purposes, provided a certain portion of the fish hatched be returned to the waters of that State. A resolution to form a Commission to meet the Pennsylvania Commission is to be introduced at the opening session of the New Jersey Assembly and also a resolution to be introduced into the New York Assembly when that body convenes. 76 FISH PROTECTIVE AND FISHERY SOCIETIES, The various protective associations of the State have given in- estimable aid in fish protective work. Composed mainly of en- thusiastic sportsmen and fishermen they have participated actively in enforcing the fish laws. They have by their example, their atti- tude and campaigns of education done even more than the wardens tov.ard reducing the number of violations of the fish laws. When- ever I felt it necessary to call upon a jjarticnlar association for assistance in any specific matter relating to fish protection or fish planting it is seldom that I have not instantly received an enthusias- tic and valuable support. So uniform has this been the case that 1 couJd not mention one organization as being more earnest or pro- gressive than another. On one occasion to be motioned hereafter I had need m a semi-official capacity to call upon the various fish l>rotective societies of the State for financial aid to conduct a case which because of its method of being brought before a county court could not be taken up to the Superior court by means of money ai>- propriated by the State and yet the case was one in which the State as well as all anglers were vitally interested. Many of the societies promptly and liberally responded. One of them the Penn- sylvania Fish Protective Association with headquarters in Philadel- phia made itself responsible for all the monev required which could not b- collected and in addition placed its lawyer at my disposal to co-operate with the counsel alreadv engaged. The Pennsylvania Fish Protective Association is the oldest or- ganization of the kind in the State and wields a potent influence in hsh matters throughout the Commonwealth, indeed it holds as a principle in its charter the upholding of the laws in regard to fish- eries in all parts of Pennsylvania. It has membership in most of the counties and it is tireless in Its efforts to secure and have enforced legislation which will im- prove the angling. AMERICAN FISHERIES SOCIETY AND NORTH AMERICAN FISH AND GAME PROTECTIVE ASSOCIATION. It is natural for organizations to combine either through individ- uals or as an organization into national and international societies This natural tendency has resulted in the formation of the North American Fish and Game Protective Association and the American I^isheries .Society. The first named is an international organization- that Ks of the Dominion of Canada and the United States. Although a young society it is doing a si)lendid work in the direction of fish and game protection. The other is a national organization founded thirty-five years ago. Originally composed of fish culturists it has recently broadened its scope to embrace fish protection as a neces- sarV adjunct to fish culture. It meets annnallv and this year the gathering was in Erie, Pennsylvania. Next vear it meets in Wash- ington, D. C, in conjunction with the International Fish Societv to which the Governors of the various States have been invited to send delegates. FEDERAL CONTROL OF WATERS. One of the most important subjects brought before the American Fishery Society at Erie was that of Federal control of waters form- ing a boundary line between two states or of lakes over which states and the Canadian government exercise jurisdiction. It was asserted by those who advocated Federal control (hat exjKMience showed the impossibility of securing adequate and uniform fish protectiv«^ hiws Lake Eiie was cited as a conspicuous example of this kind of failure It was pointed out that of the three states and Canada which sur- rounded the lake there were no two governments which had exactlv the same laws. That while three. New York, Pennsylvania and Ohio had nearly uniform laws they were still not exactl'v alike and that 76 REPORT OF THE Off. Doc. Ponnsylvania and Now York and Canada had no closed season, leav- ing Ohio alone in that particular; that Pennsylvania did have a closed season, but repealed that law on the failure of New York to enact a similar measure. It was held that by Federal control only could proj^er laws be enacted. A resolution was therefore un- animously adopted instructing its executive committee to enter into correspondence with the various States having boundary waters, urging them to enact legislation ceding their control of the waters to the Federal Government for fish protective purposes. A resolu- tion was also adopted directing the chairman of the executive com- mittee to urge the Federal Government, the Province of Ontario, the Dominion of Canada and the States bordering on the Great Lakes to aj)point delegates to a national conference to assist efforts to induce the States to cede Federal control and to recommend a national treaty and laws uniform for the fisheries of the Great Lakes. Having been appointed by the American Fishery Society chairman of (he executive committee I at once commenced corresponding with officials of various states, looking towards the formation of an inter- national conference and to the present time I have had a cordial acquiescence on the part of all excepting the authorities at Wash- ington, which concurrence will I hope be obtained shortly. Two of the States have ceded Federal control. I am firmly convinced that the only solution of the quesiion of proper fish protective laws is to be found in the manner suggested by the American Fishery Society. IMPORTANT DAMS. Work on the dam being constructed across the Sus(iuehanna river near McCalTs Ferry was supended learly in the autumn owing, it is said, to financial trouble in New York City, resulting in the suspension of certain bank and trust companies, and in which city it is said lived those who were financing the venture. It is stated, however, that active work is to be resumed in the sjiring as soon as the water on the Susquehanna will permit, and it is claimed that the dam will be (()ni[)leted and the power jilant for the operation of which the dam was conceived be ready for opera- tion by the summer. The'dam and power plant is being built for the purpose of sup- plying light and power to cities, towns, trolley corporations and itidustrial establishments within the radius of forly miles. This brings Baltimore, Lancaster and i>ossibly llarrisburg within the zone. Legal proceedings to test the right of the corporation to erect this i>lant were brought through the efforts of this Department by Attorney General Carson in the Dauphin County Court. That tri bunnl after hearing both sides, decided that the dam and plant might be constructed under certain conditions, among them was one that fish ways both as to pattern and number, approved and ordered by the Commissioner of Fisheries should be erected and maintained by the Power Company. Early in the summer the officials of the No. 21. DEPARTMENT OF FISHERIES. 77 company notified the Department that it was readv to fulfill these condilioris. A conference was held at McCall's Ferrv, where the plant and power house were thoroughly inspected. Plans of several types of fishways were submitted by the companv to the Commis- SH)ner, who did not, however, give them his full approval, and pro- duced plans of the Call fish way, one of the two adopted by the De- partment, which with certain changes to conform with theVonstruc- iion of the dam and the trend of the river and with certain improve- ments suggested by the engineer in charge was adopted. Although the company thought two fishways were sufficient the Commissioner insisted on four to be set in the form of a nest on the Lancaster eonnty side of the river. The (^ompany cheerfullv agreed to complv with every requirement of Uw l>r^p;n-tment and 'a few weeks later presented complete plans with all the changes and improvements suggested in the original plans included therein. Among the im- provements was one which provided at the intake for several gates the opemng and closing of which would prevent a too free flow into t he fishway, no matter how high the w^ater might be and insure at ''^ Ti ''r/*^" '''^"'^''^^'^'' ^^''''' ''^ ^'^^^'^ ^"^ f^'^^ passage of fish ihe fishways will insure free and easy passage of fish who wish T'^u^ ?^ descend the river and beyond the dam, and I have no doubt that most species will use the fishwavs freelv. It will rZ? , "^ai^^^^^'-tn^'^ of the eel industry which, notwithstanding inyse denunciation by some who look upon the fish from a narrow or prejudiced standpoint is a matter for public congratulation. I ^in afraid, however, that the building of the dam will doom the shad industry of the Susquehanna above that point. The slmd is a >ery timid fish unless a dam is very low and the fishway therein coveiH^d with algae and darkened by water will not pass through fieely. According to letters received at various times no fishway has been devised which will induce shad to pass the Ilolvoke Dan, uc:^:;r^;:;^-D^!:r ^"-^"^^^ ^^ -^^^^-^^ ^^ -'^ ^^-^^^ - ^^^ - ^"' As the court has decided that the McCall's Ferrv Dam could be constructed the possibh^ loss of the shadfishing must be fac^nl and he only course to be followc^d is to heavily stock the water bove ^th some important food fish which will take th(Mr places and fish which can be taken by means of nets as shad are. I lave not as ^4t decided whic-h IS the bcsst available fish for this purpose but have lopes that one will be found, especially since tl (^ water reta ned n^a^l; a^m^wl^r'' '"' '''''''' ^^^^'^^^^ "^^^^«' ^"^^^"^ ^^ ^^^^^ A dam twenty-six feet high has been built across the Juniata RivcT a AAarrior's Gap above Huntingdon, bv a companv th t las established there a plant to furnish light ^nd power to the re4on fhe";t"The '' 7'^T'l'Vl ''''' ''''' I^^'-^"^ P"^ - operation in 11 onfall. The water is backed for a distance of nearlv three miles The company cheerfully com,>lied with the re<,uirenients of the Department and erected in the dam a fishwav. Onc^ such device was considered by nn^ as sufficient for a stream Hn^ size of the .Juniata In this instance I departed from the usual rule and instead of directing a fishway of the Cail pattern, or the Rogers, to permit the building of a type known as the concealed fishway, a structure 78 REPORT OF THE Off. Doc. which with the exception of the inlet and outlet is entirely within Uie walls of the dam. By permitting this form of fishway the pool construction which is somewhat similar to the pool construction of the Cail, is set zig-zag and in such a manner as to give an incline of one foot in five, ample to permit any species of fish, however weak to pass up or down with ease. Little more than a year ago I ordered a fishway built in a recon- structed dam in a stream in Bradford County. The owners of the dam although its contractor promised to construct the fishway ordered, neglected to do so. AVhen the neglect was discovered, it was found that the owners had sold the plant connected wiUi the dam to the man who had reconstructed the latter. He was notified of his liability and ordered to build a fishway at once. He responded that he was financially unable to do so, that the cost, some |1,800 or $2,000 would ruin him. In this statement he was supported by several reputable citizens in the county, amoung them tlie Attorney who served on him the legal notice of the Department to construct the fishway. Meanwhile, petitions were received from citizens in the neighborhood strongly calling for the building of the fishway. 1 then made a personal investigation and am convinced that the erection of the fishway, at the expense of the owner, would at least cost him great financial distress and probably financial ruin. The important matter, however, to be considered in connection with the matter is that the man was fully cognizant of the order of the Department to tUe concern which rebuilt the dam and indeed was the contractor who rebuilt the dam, who received the plans of the fishway and who wrote that the orders of the Department would be carried out. He knew also that the orders of the Department were disobeyed and that the State was defied, and in purchasing th<' dam nmst have known that he assumed the liability. On account of this view point he naturally loses much sympathy for the position in which he is placed. Had the fishway been constructed when it was originally ordered the cost instead of from |1,800 or |2,000 would have been scarcely nothing. Certainly not more than a couple of hundred dollars, the cost of the additional lumber r(H]uired, because it would have been a part of the construction of the dam. Other fishway s ordered by the Dei)artment the i)revious year and the pi'riod for the construction of which has been extended to 1907 on account of unusual high water were built within a reasonable time. LABOR PROBLEMS IN THE HATCHERIES. Six of the Hatcheries are in charge of a Superintendent, one in charge of a Su])erinten.dent and an Assistant Superintendent, and one in charge of an Assistant Superintendent. These men are all skilled fish culturists, surpassed in this par- ticular by none in the country. We have several Assistants who to-day have considerable skill in this important work, but skilled No. 21. DEPARTMENT OF FISHERIES. 79 fish culturists are scarce. The hard work and often times long hours, together with the years required to produce skill, discourage many from entering the business permanently. In three of the Hatcheries last spring some assistants were engaged. Two or three of the laborers got it into their heads that because they were employed by the State they w^ere not required or not expected, to work as faithfully, or as hard, as they would If they were working for a private individual. As these men failed to perceive their error on its being pointed out to them, thev were promptly dismissed and their ])laces filled bv men who had a greater conception of their dutv to the State. RELATIONS BETWEEN THE UNITED STATES GOVERNMENT AND STATES. The very cordial relations which have existed in the past between the United States Government and State Governments in relation to fishery matters have been, if anything, strengthened during the year. An understanding has existed for a long time bv which the Ignited States Government gathers the eggs of the white fish and wall-eyed ]>ike in Ohio waters of Lake Erie of which a proportion of the whole comes to Pennsylvania, this State paying its pro rata of the cost of gathering. This understanding was entered into in the first place for two reasons: First, because w^hen the State previonslv sent its own spawn takers into the field there sprang up a rivalrv which developed into indications of ill feeling between the men. Second, Fishermen taking advantage of the rivalrv began to run up the prices of eggs. By the United States undertaking the entire work of oo:enses, .... NEW HATCHERIES. $048 10 Received from the State Treasurer for new hatcheries, act of May 11, l:i05 Balance on hand November 30. 190G $5,000 00 360 21 $5,^60 21 Paid for new hatcheries and expen.«ies, TORRESDALE. $5,360 21 Balance on hand November 30, 19%. for re- pairs to the Torresdale liatchery, act of May 11, 1905 $25 12 Paid for labor, etc., ERIE AUXILIARY. $2.-. 12 Balance on hand November .W. 19 R. for fiph hatchery auxiliary to the Erie hat'hcrv. act of May 11, 1905 "." $3.68'! 91 Paid for salaries, labor, etc., EXPENSES OP COMMISSIONERS. ETC. $3.6SS 94 Received from State Treasurer on .ncconnt of traveling expenses of the Oommispirnpr of Fisheries and the members of the Board of Fishery Commission $558 27 Paid for expenses COUNSEL FEES. $558 27 Received from the State Treasurer for tho payment of counsel fees Paid for counsel fees $317 69 $317 69 No. 21. DEPARTMENT OP FISHERIES. «7 FINANCIAL STATEMENT— Continued. DEFICIENCY. Received from the State Treasurer for the payment of deficiencies $1,000 00 Paid for various items FIELD WORK. Received from the State Treasurer for field work, gathering spawn, etc., $138 88 $407 13 Paid for expenses FOR COMPLETTING HATCHERIES. Received from the State Treasurer for build- ing ponds, and other work incidental towards completing hatcheries $138 88 $9,6:U 40 Paid for labor and materials. LAUNCH. Received from the State Treasurer for ex- penses in building launch for Lake Erie. . $9,631 40 $52 S9 Paid for expenses, advertising, etc. $62 89 NOTE. Under the provisions of the act of May 25, 1907. all receipts for fines and licenses were turned in to the General Fund of the State Treasury, except such fines as were received for violation of the eel basket act of May 29, 1907. The amounts thus turned in were as follows: Fines for violation of the fish law from June 1st to November 30th Lake Erie licenses fmm June 1, 1907, to November 30, 1907 ', Received from licenses for eel baskets at 75 cents each 1907, $1,901 3t 915 00 590 25 $3,406 59 88 REPORT OF THE Off. Doc. REPORTS OP HATCHERY STATIONS. CORRY HATCHERY, STATION NO. 1. Report of William Duller, Superintendent. Hon. Wm. E. Meehan, Coniniissionei- of Fisheries: I have the honor to present the thirl v-tirst annual report of the operations of this Hatchery. I was much (lisai>i)ointe(i in the small number of trout eggs which were taken at this Station during the autumn and early winter of lyOG. In all there was taken only ;j,t)r)(i,(lt)tl. The eggs came much earlier than usual, the first being taken on the 2Gth of September and the last on December 21)th. It was the smallest number of eggs taken at this Hatchery in many years. I was much disappointed because there was a decided increase in the number of the two year olds in the ponds, but fully 75 per cent, when the fish came to be sorted turned out to be males. As 3,t)mM)t)t) eggs was not nearly enough to supply the denmnds for fish from this Station I received on your order 56t),tK)0 eggs from the Wayne Hatchery. As the eggs were all very line I had an unusually good hatch, Dringing out about 3,.j00,t)0t) "fish. The fry were fine healthy fish and there seemed no reason why I should not be able to bring them all to distribution age, but one morning during the first week in Feb- ruary I noticed that the advanced fry from the eggs received from the Wayne Hatchery were showing marked distress. They were huddling thickly at the upper end of the troughs where the water flows in from the faucets. Their actions were exactly the same as those of fish which were not receiving a sufficient supply of water. This, howev(»r, very soon ]»roved not to be the case. The next morn- ing the other fish in the remainder of the troughs also began to show distress, and a close examination showed that the fry was sutTering from a form of sore throat. It was ditTerent from any form that I had ever seen before. Red sore throat is common among lake trout advanced fry, at least at this hatchery, and it has occasionally appeared among the brook trout, but that which had now broken out among the fish was of a brownish yellow. Every trough occupied in all the hatching houses had atl'ected fish. The disease was of such a character that it i)revented the secretion of slime. Si>ecimens of the advanced fry showed none on the body. Nets run through the trough ])roducm. Passing the pan of paste on his way to the meat house, and not knowing any better, he mixed it with water and fed the fish. The sun had tainted the liver and within twentv-four hours nearly everyone of the trout in the troughs which had been fed with this liver were dead. In both the case of the trout in the troughs and the tad-poles in the ponds there was a minimum flow No. 21. DEPARTMEJSTT OF FISHERIES. 91 of water not sufficient to carry off the tainted meat, hence the trouble. Early in June I received 200 blue-gilled sunfish and 50 bull head? from Erie. These I placed in a couple of ponds for breeding pur poses. The sunfish went to work immediately building nests and hatched out a fine lot of young fish, but subsequently lost them with the exception of 1,000 by holding them too long in the troughs be- fore shipping. The bull-heads produced quite a stock and I shipped 1,700 in October of the number threes. In November I shipped 3,000 yearling Lake trout for the breeding ponds at the Spruce Creek hatchery. The water on the Corry hatchery is not well adapted to rearing sunfish or bull-heads or catfish on a large scale. It will do very well for a few fish simply to help out at nearby points not easily reached by Union City, Erie, Conneaut I^ike or Torresdale. Trout eggs this year began on October (Jth, about ten days later than last vear, but when thev did begin to come thev came with a rush and by December 1st I had 4,W)0,0(I0 eggs in my troughs and there are at least half a million more to take." I am still bothered with a surplus of young males. For the last three years by far the largest percentage of fish retainc^l have been of this sex. The per- centage, I am glad to Siiy, was not as ln-avy as last year, but is still* much heavier than it should bo, or I would like. Quite a number of m,y two year olds also were too small to strip, otherwise I should have taken this year at least 5,000,000 eggs. Three years ago I made a cross between the brook trout and the brown trout and reared between two and three hundred verv beautiful fish, almost identical in appearance. At the age of two years one or two of the females produced eggs, but there were no males ripe, and the eggs appeared very late in the season. I there- fore concluded that the hybrid partook more of the nature of the true trout and would not come to spawn bearing age until three years. Up to the 1st of December not a single fish has shown any signs of ripening. It is possible that they may spawn later in the season. I hope so. It is evident to me that this hybrid, even though it proves to be fertile, will not meet your desires for a fish for waters which have become too warm for brook trout, but would yet hold fish of the character of the brown trout. My reason is that the hybrid appears to be nearly, if not quite, as rai)id a grower as the brown trout, while I understand that you wish a fish that grows only about the size of the ordinary brook trout. In accordance with your instructions, if the fish spawns later and I can secure any male brook trout, T will make another crossing between the hybrid and the male brook. It may sound like an absurdity, but all the leisure time on this hatchery during the year and when regular work was not in progress was spent in digging ditches, repairing walks, grub- bing stumps and work of that cliaracter. Immediately after the 1st of June when the new appropriation became available you visited this hatchery and planned a thorough overhauling and repairing of the plant. It had fallen into a woeful state of dilapidation. The hatchcM-y is nearly thirty-three years old and many of the ponds constructed the first year have never had sides reboarded. In fact none of them have ever been repaired ex- 92 REPORT OF THE Off. Do^, cept temporarily, with the exception of the show pond and two trout ponds which were done since the creation of the Department. The show pond and one of the trout ponds were reconstructed with tile sides and one trout pond with boards. As a matter of course, the boards which formed tho sides of the old ponds rotted long ago, the ground outside being mucky worked through the openings of the boards and left nothing but dilapidated, unsightly and unsuitable ponds for the retention of trout. It was not possible to carry more than two-thirds their normal capacity. Disease became frequent and for the last four or five years it has not been possible for me to bring to spawning age anything like 50 per cent, of the original stock retained. The barn which was originally a mill built nearly a hundred years ago had fallen into decay and for the last three years has had to be propped up with beams to keep it from falling down. One-half the troughs in the No. 1 House had become so rotten that one conld force a finger through and they were only held together anvways watertight by the asphaltam paint. You made comprehensive'^ plans for the regeneration of the i)roiK'rty, the greater part to be com- pleted within the next two years. Two carloads of building tile and one-half carload of cement were •purchased, and with these I set my men to work at reconstructing all the ponds in the front of the property. Some of them badly de- signed in the beginning I re-outlined and others enlarged. Where- ever it was possible I used concrete for the sides, it being much cheaper and quite as pretty as tile. In two or three instances where there was not a good foundation I used tile. By the time egg-taking arrived I had the entire set of ponds hi the front of the jilace re" modelcd and rebuilt with plenty of concrete and tile left to begin work on the ponds on the lower part of the property next si)ring. I tore out all the troughs in the No. 1 house, keeping those which were slill good and tbere were sufficient of these for one tier. I had troughs made to rei)iace those thrown away as rotten, and in setting them did so according to your plan carried out at Union City, only that there are but two tiers instead of three, the house not being wide (^nough excejit for the two. I am much pleased with the new arrangeuKMit. First there is greater convenience in work- ing, and second, it recjuires just one-half the water formerly re- quired to operate the same number of troughs. This last is a prettv good feature as it will permit me to abandon a source of water supi^y which contained much .sediment and use the old spring which originally supplied the hatching house before it was enlarged. The fence in front of the property had been rotten for several vears and kept up only with great difficulty. This fc^nce I tore awav under your orders and in its place have ])ut a neat wire fence. "^One of the neatest and most substantial I have ever seen and one which has excited admiration from everyone who has seen it. I also built a new drive way from the main road down to No t\ and roU ^"""^'"^ ^''^ ^^^"''"^ '^' '^"'^ "''""^ summer I hope to surface I finished grading the ground around the dwelling house and sodded and so>yed the place with grass seed. I also made concrete walks around the house. v^uutitit No. 21. DEPARTMENT OF FISHERIES. 93 The No. 1 Hatching House is a structure about two-thirds of which was built before the property was acquired by the State. As it is a frame structure it naturally deteriorated. When the Depart- ment took the property over from* the Fish Commission it was about ready to fall down. The roof was repaired in parts where necessary. On account of the muggy character of the soil the foundation walls were not perfectly solid and during the summer I re-enforced them with a concrete wall two feet deep and one foot wide. This acts as a shore and will hold the walls up for an indefinite pi'riod. I tore down the old barn and built a new structure 46 x 34 feet. The old rafters aiifl studding were nearly all perfectly sound, some of the former being hand hewn. These I used in the construction of the new building. By hiring country carpenters by the day and using our own men I was enabled to erect this barn at a cost of only about |700. The structure is in the old site and is a basement with barn above. The bank foundation wall and floor is of concrete and the basement walls are sheatlied. I have running water inside and the building is huge enough for all our wants. For the first time in many years I had some trouble with my em- ployes. Two of the men began showing a lack of interest in their work and a tendency to do as tliey pleased, and without saying so gave the impression (hat they had influence enough to retain them in their positions without earning their salary. I bore with them for a while in the Iiojk's that they would come to their senses, but mistaking this attitude they began to absent themselves without leave. The first time 1 repremanded them; the second time I got rid of them. Since then I have had no trouble. The new men who rei)laced the two malcontents have joined with the older men in working cheerfully and showing intcTest in their duties. I had the misfortune to lose one of my horses early in the year. According to the veterinary surgeon the <'aiise of death was liver trouble. I bought a new and jMMfectly sound horse for |125, an animal for which we have since received oifers for more than double the money. Accomi)anyi!ig this rei)ort will be found my record of distribution of fish from December 1, 1906, to December 1, lil07. lieforegoing is respectfullv submitted. WILLIAM DULLER, Superintendent. CORRY HATCHERY, STATION NO. 1. Fish, etc., distributed fiom December 1, 1006. to November 30, 1007. BROOK TROUT. FINOERLINGS NO. 1 Allegheny county Armstrong county Butler countv Crawford county, 8,000 35,000 7,400 53,500 •* REPORT OF THE Cameron county, Cambria countj, [[ Clinton count}% Clearfield county, Clarion county, \[ Erie county, Elk county, . . Forest county, Fayette county, Jefferson county, ' \ Lycoming county, Lawrence county, Mercer county, ! ' . ! McKean county :........ Potter county, Somerset county Tioga county, ] Venango county, Westmoreland county Warren countv, ... Total, Brook Trout, Advanced Fry. Carbon county, Brook Trout, Fonr Year Old Males. Crawford county Erie county, Venango county Total, Lake Trout, Fingerlings No. 1. Planted in Lake Erie Lake Trout, Yearling. Huntingdon county Loch Leven Trout, Fingerlings No. 1 Philadelphia countv Yellow Perch, Adults. Erie county, Off. Doc. 119,200 117,800 204,900 14,600 54,500 107,300 198,700 103,600 107,700 109,4()0 152,600 12,500 11,000 165,200 298,000 36,700 258,400 175,900 128,500 297,300 2,773,600 225,000 300 350 100 750 950,000 3,000 40,000 75 No. 21. DEPARTMENT OP FISHERIES. Yellow Perch, Fingerlings No. 2. Erie county, Sunfish, Fingerlings No. 2. Elk county, Warren county, Total, Catfish, Yearlings. Clinton county, Crawfoid county, Erie county, Indiana county, Jefferson county, Lawrence county, Mercer county, Total Catfish, Fingerlings No. 3. Elk county, Erie countv, Crawford county, Total, Tad-Poles. Elk county, Summary. Brook Trout, Lake Trout Loch Leven Trout, Yellow Perch, Sunfish, Fingerlings No. 2, Catfish Tad-poles, Total 1,375 500 500 1,000 100 125 200 100 350 25 100 990 100 1,400 600 2,100 7,500 2,999,350 953,000 40,000 1,450 1,000 3,090 7,500 4,005,390 ^^ REPORT OP THE Estimated Number of Breeding Fish in the Ponds at Brook Trout, four years old and over Brook Trout, three years old, ' Brook Trout, two years old, Brook Trout, one year old, '. . Lake Trout, three years old, .........'." Lake Trout, one year old. Rainbow Trout, two years old, Rainbow Trout, one year old .'.*... Sunfish, blue gill and long ears Catfish, ..../..'.' Bull-heads, Total, ~ Off. Doc the Hatchery. 8,950 8,000 9,000 10,000 700 2,000 2,500 2,500 400 400 50 44,550 No. 21. DEPARTMENT OF FISHERIES. 97 ERIE HATCHERY, STATION NO. 2. Report of Philip H. Hartraan, Assistant Superintendent. Hon W. E. Meehan, Commissioner of Fisheries: Dear Sir: I submit to you my second annual report, from Decem- ber Lst, 190G, to November 30th, 1907, and I can say that the year just past has left this station with the largest output it has ever had. The total output of adult fish, frogs and fry was 234,164,846. Aflei filling the hatchery last fall with white fish and herring eggs, I had a surplus of 7,740,000 white fish, which I shipped to Torresdale hatchery. After being hatched the fry were returned and planted in Lake Erie. They all came through in good condition considering the long journey, and ] must say the cans were all well filled. The white fish and herring at this station, started to show the eye December 7th, started to hatch March 11th, and on March 2Gth,' I made the last plant. The ice had not left the harbor, and the lake was still full when we started to plant, but I was fortunate enough to secure the steel tug Racket, Captain William Tallman, owner, which broke her way out, so that we could plant. Probably not another tug could have done the work at that time. Owing to the closed season here last fall, we were not able to se(;ure as many lake herring eggs as I should have liked to have. Therefore, our output of herring for the year fell below the average. The tug, Silver Spray, which was fishing in Ohio waters, under a United States permit, got to fishing close to Erie and ran in here with the fish caught, at the same time leaving the herring eggs which had been taken at the hatchery, in all 3,120,000 eggs, which, with the herring eggs sc^cured at Port Clinton, helped us out con- siderably. On April 4th, I started to gather frog spawn. I secured 567,000 eggs. 70,000 were shipped to Union City hatchery, 140,000 to Craw- ford hatchery, 140,000 to Bellefonte hatchery and 7,000 to Super- intendent Haas, who had charge of the fishing*^ exhibit at the Sports- man's show, which was held in Pittsburgh in April, 210,000 I put in ponds at this hatchery. The spawn I had here was all hatched in fifteen davs, the tad- poles were feeding fine and growing rapidly, until June Gth, when they suddenly began to die in pond No. 1. In two days, everv tad- pole in this pond was dead. The tadpoles in i)ond No. 2 were not affected until June 25th, when they began to die, but not nearly as fast as in No. 1, owing to the size and strength they had attained from the time that had elapsed from June 3rd to June 25th. As T had applications on hand to fill at that time, I filled them, and put 20,000 in ponds on the Peninsula before losing them all. 7—21—1907 98 REPORT OF THE Off. Doc. In making a study of the fatalities which are most always sure to happen in frog culture, I discovered that daphnia, which belongs to the crab family, plays a prominent part in the destruction of tadpoles. They cling to the tadpoles in large niunbers, and in a short time the tadpoles are raw and sore, and soon dead. The ponds in which I had the tadpoles are literally alive with daphnia this year. If there can be found a way of getting rid of dai)hnia in frog ponds, without harming the tadpoles, I am sure it will go a great way to help frog culture in the future. ^ The first wall-eyed pike eggs arrived April 12th and the last May 6th. May 4th they began to show the eye, started to hatch on May 15th, and were all out on May 10th. The take of wall-eyed pike eggs was the largest ever had. Acting under orders from the Com- missioner, I filled this hatchery and shipped 3,500,000 eggs to the Sportsman's show at Pittsburgii, 21,000,000 to Torresdale hatchery, and 14,000,000 to the Wayne hatchery. One third of the fry hatched at Erie were planted in inland waters, arul two thirds in Lake Erie. On April 2(>th I received 128,000 yellow perch eggs from Union City hatchery. May 8rd I rike eggs taken here last spring, although the catches of these fish were large. In the first place there was not a man to be had who conld take eggs. The men were all fish- ing on shares and making good money, more than we could have paid tlH'Ui, and when the fisli did begin to spawn the catches became so light that the boats puHed out their twine and laid up. No. 21. DEPARTMENT OF FISHERIES. 99 On June 3rd I started to draw the seine for adult fish to stock the hatcheries for use as breeders, namely, large mouth bass, calico bass, rock bass, yellow perch, blue gills and bull-heads. In eleven days we caught 2,000 fish. In handling them the loss was very small, owing to the low temperature of the water, and the cold weather prevailing at that time, it all being in our favor for that special work. Not getting the amount of yellow iH'rch wanted, with the seine, I undertook to get them this fall with hook and line, at which I was very successful, getting 3,039 in this way, all being quite large. June Dth we set trap nets in Lake Erie, for the capture of adult small mouth bass. We fished the nets for weeks. In this time we caught 223 as tine bass as ever were caught for any hatchery. The fish all ran in weight from one and one-half to four pounds each, and as near in pairs as any one could wish to have them. SuiK'rintendent A. (i. Puller, of the Union City hatchery, on July 0th sent me 50,000 bass fingerlings, which he had raised from the breeders he had received, and which I planted in Erie Pay. At the time we were catching fish for the hatcheries, there was quite an uproar made by some people who did not understand what we were doing. It was noised about that the Departi/ent of Fish- eries was depopulating the Pay of its game fishes, especially its small mouth bass to stock other waters, which was not true, as all the fishes caught weie sent to Pennsylvania hatcheries to be used as breeders. Whoever it was who started the excitement did not know the difference between a small mouth bass or large mouth bass, or did not want to know. The small mouth bass I caught in trap nets set in Lake Erie, five miles down the lake and that many miles from Erie. So it is plain to see that in place of taking small mouth bass out of the bay, we were putting them in instead. I also planted blue gills and calico bass fingerlings in Erie Pay, which came from Union Citv hatcherv. I gave a collection of fish eggs and nmvly hatched fry to Mr. Thomas L. Austin, Curator of the Erie Public Library. Also made a collection of fingerlings, game fish, food fish and minnows for Professor H. W. Fowler of the Academy of Natural Science of Philadelphia. This was done in connection with our regular work. With special attention I could have made larger collections, which I would have liked to do very much. As it was, I found two speci- mens which had not before been known to exist in Pennsvlvania waters, and I am almost positive that a few more specimens not known of Pennsylvania waters are to be found here. T made a ship- ment to Professor Fowler on November 3rd, and thev were received by him at the Academy of Natural Sciences of Philadelphia on the fourth. A few days later I received a letter from him under date of November 5th, in which he said that the species received num- bered fourteen and were as follows: Prinephales-notatus. Prama crysoleucas-auratus. Not rn pus-^A hipplie. N. Hndsonins. N. atherenoldes. Off. Doc. 100 REPORT or THE Noturus-flavus. Fundiilus-meiioma. Labidosthes-nipestris. Euphomotis Gibbosus. Misropterus-dolanicn. M. salmoides. Perca-flavesceus. A mmosrypta-perllucida. The last named, according to Professor Fowler is the only repre- s-eutative of this family in this region, and the species of the fundulas sent him, was the first of this species that has ever been seen in Pennsylvania. Captain Diiscoll, who had the contract to remove the carp from Erie Bay in 1J)()G, had the contract again this year. There were hardly enough carp caught to pay for his license, only 49,705 pounds being caught throughout the season. The weadier'being bad and the water not getting warm enough, the carp did not work inshore, which IS most natural for carp to do in summer. The white fish season this year had been most remarkable, it being one of the best ever known. It was conceded by many fisher- men a few years back, that this great fish was about extinct, and soon would be no more, and nothing could be done to restore. Today one and all agree that it is due to the Department of Fish- eries, whose Commissioner, Mr. W. E. Mtndian, has seen to it that millions ui>on millions of these fish were hatched and planted each year, and all are loud in their praise of the good work done by the Department of Fisheries, and insist that the Erie hatchery be en- larged to increase its capacity. It might be well to sav there was a tendency on the part of some of the fishermen to show a bitter- ness towards the Department, owing to the enforcement of the law relating to the closed season last fall. But since the repeal of that law, and finding out that the Department was not opposed to the repeal of it, indeed had helped to secure the rejx'al, the best of feel- ings exists today, and all are ready and willing to help the good work along. ^ One old battery at this station was torn down and replaced with a new one, and its capacity increased from 240 jais to 2.50 The floor overhead, upon which rests the large tank, which supplies the batteries, had become unsafe to work under. I had an oak post and braces put underneath it, until something more substantial can be done. Acting under instructions from the Commissioner, I had a new three-inch wrought iron put in, which gave us two separate water lines to draw from. This was a very important i)iece of work done and all throngh the foresight of the Commissioner, who saw the straits we would be in, should anything haj^pen our water supply with no other to draw from. The first eggs for this fall work began to arrive November l*>th to December 1st. The number of eggs taken was 0«.7SO,000 which were distributed as follows. Before the season ends I hope to take enough eggs here to fill both Erie and Crawford hatcheries to their full capacity. No. 21. DEPARTMENT OF FISHERIES. 101 We had two thousand visitors who registered and as many more who did not care to register. Each year the people are becoming more interested in fish culture work, moie so the students in our schools here at Erie. On several occasions I have been asked for turtles, frogs or fish for ihe Erie High School, and I would recom- mend that some provision be made whereby I could furnish them with what they asked for, within reasonable bounds as we all know that fish culture is becoming one of the most important studies in our schools lodav. I collected 11,605.00 ii into frames. Ity so doing they were much lighter and easier to handle than they would have been if they had r<'ached the full length of the trough. The frames were covered, first, wilh a small mesh poultry wire. For the upper part of the trough we used buildiu*; paper on toi> of the poultry wire and then a covering of burlaps and for the lower end of the trough only wire and burlaps thus giving plenty of shade and all the light necessary. In building light shades for outside work the wire has to be used in order that heavv snow storms will not break th(^m through. Their frames are an altered form of those designed by the Su])erii)tendent of the Wayne hatcherv. Tt was deemed abvisiible to commence shi]>j»ing the fingerlings by the last of February and in accordance with orders the first shipment was sent out on February 28th. Just as fast as possible after this fish were shipped from here to the various counties as p(M' the report of shipment affixed to this report, the last shipment being made of April 30th. No. 21. Department op fisheries. 107 . It was thought advisable to once more try the problem of raising frogs at this station, so frog pond No. 1 was made ready for eggs and on April 0th forty quarts of eggs were received from Erie. Only a small quantity were tried this year in the hope that a few placed in the pond would do better than a great many as had been tried before. The result was about the same, all hatched and the tad- poles connnenced to feed as before, but before the tails wen^ absorbed and the hind legs came, the tad-poles died. The total mortality was largely due this year to the extremely cold water as the weather at times after they were put into the pond was down to the freezing point. The months of April and May being very full as the young fish and shipping required the constant attention of all regular em- ployees, llr. Hazel was hired by the month and one other man temporarily to assist in starting the much needed work that was waiting outside the house. As early as jK)ssible we commenced jiutting the top dressing on the road leading to the hatching house, using for this purpose fine sifted lime stone from a (luarrv near hear and succeeded in getting the road covered from the highway to the upper end of the hatchery house, making a fine road and a very good appearance. A walk from this road to the hatcheiy door was also completed. This being a damp i)lace we dug a ditch and laid forty feet of six inch tile undern(»ath the walk to carry olf the water, making a good dry lime stone path all the way from the highway to the hatching house. The concrete wall at the head of the nurserv troughs outside was extended across the space between the troughs and the house and along the front until it met the large concrete wall in which the spring water pipe passes into the house, thus preventing this end of the house from rotting as it would had we filled in with dirt and stone enough to bring the walk level with the rest of the walks and wall. The ground between the road leading to the back of the hatchery and the supply trough for the troughs outside, was leveled off anl now presents a much better ai)pearance. A walk leading from the liatchery to the house along the wall of the two large ponds in front of the house was commenced and about one hundred feet of it wa* completed. On April 15th orders were received to get the car ready to go to Pittsburg and in accordance with those orders the tanks were soaked up in the creek and the whole car overhauled, being swept and washed inside and out. On April ISth all arrangements being com- pleted the stai't was made. Yourself being in charge, with Sui>er intendent \\'illiam Haas and an assistant of the Spruce Creek Hatchery as crew, taking with you 175,000 four year old brook trout to Allegheny county. The car returned on Aj)iil 20lh. The field work having opened at Wayne county about this tinn*, orders were received from you on Ai)ril 25th to send D. W. Hous<*r there on that work. Mr. Houser was immediatelv sent to Wavno countv and remained there until Julv 2d, making a stav of about ten ■weeks. At this time we were waiting to hear from you before sending Mr. Harrv Gritfeth to Torresdale to be detailed from there to assist in 108 REPORT OF THE Off. T>oC. tbe Delaware River shad work under the direction of Superin- tendent Berkhous of the Torresdale Hatchery. Mr. Gritfeth re- turned to this station for duty on June 10th. Continuinj>- the grading- and improvement work on the grounds our attention was next attracted to the need of a change in the yard surrounding the barn. It was in the shape of a small side hill and overgrown with weeds and filled with stone making it unsightly and causing great (luantilies of water to rim into the barn yard whenever there was a storm, with no place to drain olf. It was necessary therefore to somewhat level it otf, which was done. Fill- ing all the lowest places with the surplus ground from above and with the addition of a new wire fence across the north end and sevi'ral loads of sifted lime stone on the road leading to the back of the barn and the barn yard. It greatly improved the appearance of the whole place. A gutter was made outside of the fence leading down the hill toward the creek for the puri)Ose of carrying off the surface water. On the inside of the fence which surrounds this yard we planted about one dozen cherry trees. Having more of those trees than were needed there the remainder were planted along the race back of Assistant Superintendent's cottage. The barn having a dirt floor and being located over a small spring was generally very wet during the latter part of the winter and spring time. In fact, it was so wet that it was necessary to remove tlie stock to the barn makinji" it (juite inconvenient. In order to make the j)lace inhabitable we dug out about four inches of earth where the entire stable space and having a drainage caused the ditch to be dug along the north side of the thirt<'en ponds leading from the barn to the cre(>k. We then laid about seventy feet of four inch tile through the stable and across the barn yard connecting it with the waste water pipe from the watering trougli. This done we commenced laying a concrete floor over the whole stable. First a heavy coat of slag, lime stone and cement, wliich covered on the top with a coat of sand and cement, made a complete, durable and altogether satisfactory job. During the spring after vegetation has gotten nicely started it is always necesr-ary to clean out the race from the dam above the hatchery to the reservoir where the watei' Hovrs into the pon.ls below. The race has become so tilled witli mud and dirt washed into it by h(\'ivy rains that it is about half tilled up and as water cress is abundant in all spring waters around here it soon forms so heavy a growth in our race that the (low of water is mriterially checked. Considerable time is consumed ench year keeping this clean and in our recommendations at the end of this report we have explained how this can be overcome and materially benefit the water supply. • As soon as possible after the shipjung was finished and the ponds were cleaned and made ready for the yearling fish, which were to be sorted from the thirtee?! rearing |)onds into the lai'ger 0!ies, the work of sorting them was commenced and a very gratifying job it proved to be, as the fish were all that could be asked for. Xot only clean and healthy but most of them of fair size and showing every Bign of producing eggs in the coming fall. No. 21. DEPARTMENT OF FISHERrES. 109 This work moved on very slowly owing to the small force of men we had at the start, as was mentioned before, Ilouser at Wayne county hatchery and Griffc^th on the shad work left only the two of us. The fish were sorted into three sizes and placed in the large ponds back of the hatchery, about five thousand being placed in each pond. It was found impossible to get them all out of the upper ponds as the large pond room was rapidly filling uj), so out of the thirteen ponds six were left and a valuable lesson was learned there- from. It was found in the fall when the fish were taken out that they were in as fine condition as those taken out in the spring so far as health was concerned, thus proving the adaptabilitv of those ponds for rearing fingerlings or holding older fish for any" length of time. As soon as the fish were sorted from the seven ponds, they were drawn off and the sides scrajred and the bottom cleaned, taking care at this time to see that every yearling was taken out before any small fish were put into them again. When this was completed we commenced filling them up with fingerlings, rainbow and brook trout from the troughs in the house. Xot having sufficient room in those ponds for all the young fish we wished to k(M'p for breeders, upon a suggestion from you we utilized the fiog pond for brook trout. We had them cleaned and by means of two one and a half inch iron pipes about twenty feet long connected to the two nii)ples which enter the spring through tln^ concrete wall built around it, we were able to got plenty of fresh spring water into frog ponds Nos. 1 and 2 and ])laced about I.HtlO fish in each. They did very W(dl while they were small but as they began to get larger and' the fall weather came on it was evidetit that something must be done at once as they did not eat well. They were among the first to be transferred to the ponds above. Right here we might speak about the experiiMice we had with the few brown trout that were hatched last winter. v\s it was desirous to try ami raise some of this species here, it was thought best to keej> them apart from the brook trout, and do all possible to raise them, there being so few (only the eggs from one fish) it was not a success. Our mistake was in trying to rear them alone, for had we put them out with the brook trout in the fall we fe(d sure the results would have been better. This plan we intend carrying out in the future when only a small number of any particular kind of fish are obtainable. The few, only five small slim fellows, were left, when we filled the frog pond nr^ar Dah' run with the brook trout, and these we put with them. When that pond was sorted, but one remained. It was well and strong, however, and will j)roduce eggs or milt for us next fall. After the sortijig and transferring to ponds where the fish will remain until spawning time again, we find that we have: Three and four year old brook trout 1,000 Two year old brook trout, .*^0,000 Yearling brook trout 45,641 Four year old rainbow trout 500 Two year old rainbow trout, 1 OOO 110 REPORT OF THE Off. Doc. Yearling rainbow trout, 10,000 Adult Japanese gold fish, 300 Fingerling gold lisli, 300 Making a total of tisli of all kinds on hand to- day, 88,741 It was absolutely to do some painting this year and upon receiving orders from you we obtained several bids from reliable contractors here for doing this work and submitted them to you. That of Mr. John Noll being the most reasonable, it was accepted. We will state here that the work he did was verv satisfactorv. The cottage used by the assistant had nev<*r been painted and was rapidly showing the results of storm and weather, but after three coats of white paint for the body and the same number of green for the trimming it presents a very pleasing appearance. The fence in front of the suiK'rintendent's cottage was also greatly im- proved by one coat of paint for the body and trimming. The contiact called for two coats for the meat house which made that look very presentable. It would be a wonderful addition to the appearance of the whole station if all pond shades and buildings were jtainted the same color. The First Assistant Superintendent's cottage was also badly in need of eave troughs, as the house had never b<'en etjuipiKHl with them, the drip from the eaves had gradually worked its way through the earth into the cellar and whenever a Insivv storm burst, the water entered in such (pian titles that it was unusual, as there is nothing but a dirt floor. Having orders to do what was necessary we had troughs and con- ductor pipe put on, making a complete job of it. We had one j)ond which has never been completed further than the excavation and concrete ends, having dirt sides and the natural clay bottom. In this i)ond there is a very lieavy growth of Chara moss which is the natural water jilant for the growth of many aquatic insects that are necessary to the cultivation and life of bass fry. From time to time we have shipped this in cans to various bass stations in the state where it has been ])lanted in both large i)ond.^ for adults and small nursery ponds for rearing the bass fry after they rise from their nests and commence to feed. This method of starting aquatic plants in new ponds has proven most successful as it has given a luxuriant growth in one s<'ason. Had it not been possible to transplant it in tliis way it would have probably been some time before many of the new bass ])onds built in this state would have had suflicient growth to have provided f<'ed for any gi'cat number of the young. Although great quantities have been shi])ped, theie is plenty left and when we receive an order for eiglit cans to be shipjved to T'nion City Station, we had no trouble in getting it. As the stock of fish at this station has rapidly increased in the last year and a half, the fact that more ponds must be constructed was imperative. Previous to this time, how<'ver, we had in mind the construction of new ponds along the lines of the thirteen built in 1005, which have been mentioned before in this report with so much praise. With the land space to build them and the excellent No. 21. DEPARTMENT OF FISHERIES. Ul water supply so handy to feed them, it was not a hard matter to come to a definite conclusion in a conference with you while upon your visit to this station in June, as to what should be built and how they should be constructed. Knowing the urgency of having as many ponds as could possibly be constructed in the short time left for the work, as well as being somewhat limited in the amount of money available, it was finally decided to build ten new ponds in two groups of four and six respectively. Tln^se ponds to have the sewerage system installed with a race at the head for the purpose of receiving fresh water, and one at the foot for the purpose of carrying off the waste and so supplied with shish boards or dam boards as to enable the transfer of the water to other ponds or allow it to flow into the creek as circumstances required. Further, having in mind all the time the probability that other new ponds will be so constructed that the waste water from these ponds can be used if needed. Another convenience to be considered, was the installing of the sewerage system which will enable us to clean these new ponds without allowing all the dirt and refuse from those above to run into those immediately below. This will be more fully touched upon a little later. In building the new ponds the level of the first thirteen has been maintained which made it necessary to raise the walls of four ponds which were built on the ground level, in the south east corner of the hatchery property. This of course was foreseen when the estimates were gotten out so that virtually there were fourteen instead of ten ponds built this summer. The new ponds were connected with the main race and all have the same conveniences as to water supply, drainage, &c. Aft<'r all airangements had been comi)l(^t('d it was necessary to make our measurements and lay out the ]>onds in sizes that would be best adapted for use at this particular place. It was found possible to build four i)onds parallel with the north end of the foot race belonging to the thirteen ponds already built. By allowing the head of these four ponds to extend thirty-five feet north from the aboye mentioned race it was possible to make them 11 by 35 foot with a nine foot walk bc^tween the ponds and race on one side, and a V shaped piece of ground on thf other next to th(^ four ponds to be capped. The four ])onds are 14x35 feet. The bind below would allow for six ponds. 13x3S feet with a ten foot walk between the second and third I'ow. also a ten foot walk between the first row and the foot lace of the thirteen ])onds above them, together with the necessary race walls, making a grand total of 3,870 cubic feet of wall to be built. The fact that the ground where the new ponds were to be bui't was of a swampy nature, made it the more difficult to figure on the amount of material needed, as it was impossible to tell how low" we would have to go for a solid foundation on which to build the walls. After going over the ground with you and taking every detail carefully into consideration it was decided to buy a car load of cement, containing 150 barrels, also a car load of slag from a neigh lis REPORT OP THE Off. Doc. No. 21. DEPARTMENT OF FISHERIES. boring furnace, two car loads of sand and about two car loads of fine sifted lime stone from a nearby quarry. All this material was immediately ordered. It was thought best at first to hire extra teams for hauling the slag and lime stone, which was done, but after a good supply was gotten on hand it was found that by hard work on the part of one of our men and the horse we have, it was possible to keep stock enough on hand. When the car of cement came it was immediately unloaded and placed in the large barn. This was accomplished on July 12th and but a few days elapsed before our sand was shipped in. The shipping of sand to this station is compulsory. The obtaining of stone is a simjjle matter with us but sand we have not. Previous to the arrival of the material the staking out of the first group of four ponds had been finished, so that as soon as possible thereafter the work of construction was commenced. It was first thought necessary to tap the reservoir to get the supply for these ponds but after duly considering the matter, taking into consideration the cost and the time it would require to run a ditch to the reservoir which is about 200 feet away, we conceived the idea that we could tap the large twenty-four inch inflow pipe which carries all the water from the reservoir to the thirteen ponds. VVe at once made plans accordingly. This would necessitate the laying of about forty feet of eight inch tile and the excavation of a ditch only one foot deep. To get the water from the large tile, we had constructed a cement reservoir three feet square and on a level with the race into which the water flows, then by simply cutting a hole in the twenty-four inch tile and running the eight inch tile at right "tngles with the main pipe, entering it at the head race of the four ponds the water supply question was easily settled. When we came to make the excavations for the new ponds we met with the soggy, wet ground proposition, but by going down as low as sixteen inches in some places we found that a hard clay bottom was obtainable. The ground being low, only the trenches for the walls were dug, in fact all the ponds built this summer were made in this wav. The bottom being thrown out after the walls were made and the dirt used to fill in and level outside. Work was naturally slow on account of the wet condition of tlu» ground. As soon as sufficient trenches were dug to allow the start- ing of the walls, the setting of forms for the race at the head of the ponds was commenced. As there were forms ready made in sections about three f(^et wide, they were used, but owing to the depth we were obliged to go for a foundation it was found that they were about one and a half feet too narrow but by adding boards to the bottom of them they could be used. Not having enough of these ready made forms to set uj), one of the ponds we were obliged to use the stock of pine lumber we had on hand in making cribbing, which was a much slower method than by using the forms but it was the only thing to do. This lumber we had on hand to use in making shades for the ponds, it being in lengths from eight to fourteen feet and one inch thick. Care was taken in using this lumber to preserve regular us lengths so that it can be used when we are through with it on this job, for the original purpose for which it was intended. Had the lumber been thicker, as one and one-half inch lumber is required tor ready made forms, we could have saved much time by making it The group of four new ponds was completed as soon as possible and when the walls were dry enough to stand the strain caused bv the dirt being filled around them on the outside, the bottoms were dug out and most of it placed on the east side between the ponds and the race of the thirteen. After it was leveled off and seeded down it made a very nice appearance. The capping of the four ponds which were built in 1904 was next started and although it was a hard matter to build new concrete work on top of old in pond construction, without having dangerous leaks occur when they are filled with water, the success which followed our efforts was very gratifying. Before putting up the forms for these walls the top edges were battered off on both sides niaking a very rough surface to which the concrete became cemented in as solid a mass as if all has been built new. When the top dres-sing of sand and cement was plastered on, the ponds became as water tight as new walls. With the addition of the three foot cap, these ponds are the deepest we have on the grounds. Originally, the depth was three and one-half feet, which makes it possible to carry about six feet of water in them and by means of the eight inch tile which was put into the head race from the head race of the four new ponds makes It possible with the six inch inflow pipe which originally supplied these ponds, and draws water directjy from the reservoir to get a large flow of water which will enable us to carry almost anv number of large fish in them without danger of loss. When the thirteen cement ponds adjoining the new ponds were built an eight inch crook was placed in the race to carry off all extra water that was not needed to supply the ponds above and below the hatching, but during high water which occurs in the fall and spring it was found to be altogether inadequate, causing the race to fill almost to overflowing which made high water in the ponds around the house. It was decided therefore to replace this eight inch tile with one twelve inches so connected with the race of the four new ponds and the overflows of the four capped ponds that a complete sewerage system for the thirteen ponds above as well as the four new and four capjH'd ponds could be had. In order to do this it was necessary to dig a deep ditch from the run outside of the hatchery grounds to the foot race of the thirteen cement ponds, going just low enough to enable us to lay our twelve inch terracotta pipe so that it would not interfere with the bottom of the race we had to build over it. By using three T lengths of terra- cotta, it was possible to connect the race from the four new ponds and each of the overflows from the ponds that had been capped. These overflows are connected with the head race for the group of six new ponds. The length of this twelve inch sewer pipe is about seventy-five feet. 8—21—1907 114 REPORT OF THE Off. Doc. By means of dam boards, either two of the four capped ponds can be drawn off without interfering with the water supply of any of the others. Also by the same arrangement the four new ponds can be handled in the same way. By means of a ten inch terracotta pipe placed in the west end of the head race of the six ponds the water can be drawn out of this race when ever it is necessary. This sewer pipe is ten feet long making eighty-five feet of sewer pipe used in constructing these ponds. Another feature that should be ni .(ioned in this introduc- tion of fresh water into the head race for the six new ponds. A four inch terracotta pipe had been laid from the head race of the four ponds that were capped to a small spring below. It was necessary to take up this pipe when the larger sewer pipe was laid and by putting on an elbow it was possible to bring it into the race just above the twelve inch sewer pipe. This will be a valuable addRion of fresh water for the group of six ponds. The head race running along the six ponds varies in depth from three and one-half to nearly live feet, giving an excellent way to carry off all dirt and refuse that may be run into it when the ponds are drained. The east wall of the ponds was carried through on a level of the foot race of the thirteen ponds above, making it a little higher (han the other walls of the ponds but it had to be done in order to make a level earth space of nine feet between them and the race where there are several line trees growing. The walls of these ponds are much taller than the other new structures, owing to the depth I had to go down lor a foundation. The spring I re- ferred to above rises ii» the lower pond of the first row and around this spring on either side the ground was a black bog with clay underneath at a depth varying from twelve to twenty-four inches. The work of consi ruction the last group of six ponds was begun immediately upon the comuletion of the head race. The walls for the sides of aU thes-e ponds were made eight inches thick, with /he cross wall in the center and lower ends twelve and ten inches respec- tively. The wall which makes a lengthwise partition between y>onds one and two, and three and four, was made only six inches thick. We would not recommend the building of any more six inch walls in pond construction. AVhat is saved in material is lost in the extra time it takes to set up the forms for such a narrow wall and the strength is not in them. In order to give the necessary fall for the proper aeration of the water all the walls from the head were droi>i)ed six inches. The walls of the lower tier of ponds were also droi>[K'd six inches lower than the center cross wall making a foot wall from the head race or water su])i)ly. The first four wei*e built side by side, a ten foot space was then left for a ground plot and the next two were built on the outside of this ground plot. This had to be done in order to leave a space to handle our fish when taking them out or putting them into the ponds. Also, it makes a fine place for planting trees as has been done with the other ponds that have been built. The addition of the spring water which comes from the small si)ring that rises in pond No. 2 of this group will be valuable to thes-e ])onds as well as to the ponds below that will be fed from this group. Plans already partly formulated for the building of another group No. 21. DEPARTMENT OF FISHERIES. 115 Of ponds below those here described made it necessary to i-aise the level of the foot race walls in order to have the outside wall high enough to be of any benefit when the next group is startcKl; accord- mgly, they were raised six inches, making them on a level with the center cross wall of this group. In building the foot race for the SIX ponds a twelve inch sewer pipe was installed with snlash board arrangements to raise the water if need be and an eight inch terra- cotta pipe, leading from the north end of the race, to supply three ponds below, the first of which is 150 feet north from place of start- ing. IJiese ponds had previously been supplied with water from the* small siH'ing heretofore mentioned which gave them a verv in- ade(,uate amount of water. The three were connected with a*^four inch terra-cotta pipe, which was taken out and rei)laced with an eight inch, making a great addition to the value of all three as any quantity of water desired can be gotten into them now. The walls of this last group being completed, the work of throwing out the dirt and making bottoms was at once commenced. The dirt which came from them was used to grade around the outside^ walls As there will not be any near enough to proi)erlv establish the grade around them, it will be necc ssary to haul ground to them from the lower end of the pr()i>erty, east of the hatching house, where It IS the intention to build a large 1,'ond. Immediately after the ponds were all comideted we had con- structed four shades for the first two rows of ponds, which used all the available^ timber f(.r making the rafters. This was about October 12th. At this time the Board of Fish Commissioners held their regular quarterly meeting at this station and after carefullv inspecting the work that had been donr^ during the vear expressed to us their i)leasure and satisfaction on what had been accomplished During the business session of th<' meeting it was decided on the recomimmdation of Commissioner Meehan. to abolish the imsition of first assistant at this station and promote Mr B O Webster who was holding that jmsition, to that of Assistant Superintendent' In making the change the Board expressed its belief that the pro- motion of ^h: AVebster was deserved, and that better results could be accomplished in the future. On account of being obliged to use everv available man regularlv employed at this station on the construction of the new ponds it was necessary to leave nun h undone in j)rei)aratioii for the fall and winter work until the very last moment. Therefo!v, just as soon as possible, arrangements were made to get the house readv for the reception of eggs, which came at this station about ten'davs later than last year. On thc^ ir>tli of October we took our first brook trout eggs, obtaining them from the three and four vear old fish. Our first day's take was about (Jtl.tMM) eggs. Xaturally all the tinu^ during the next month was taken up in gathering spawn from the stock of fish in our ponds. It was at first estimated that we would be able to gather 2,r,()0,()00 brook trout eggs, but when the fish were gone over it was found that the estimate was a little too large. The result of our work gave us 2,:}<)t),()00 as fine brook trout eggs as was ever put into a hatching house and no doubt the hatch from thes<» eggs will be very satis- factory. In sorting our fish, it appeared that they were running 116 REPORT OF THE Off. l>oc. about three males to one female, as is the usual average, but to our surprise, when the sorting was all done and the count figured up, it was found that they had lun about two females to three males or one and one-half to one, which will not give us the large surplus of males we had expected all along. It was found upon sorting the fish previous to taking the eggs from them that many of them were very small, in fact, about 5,000 of the stock, mostly females it is supposed, would not spawn this fall. These fish were care- fully separated from the spawners and put ido ponds by themselves, where a marked growth has already been lioticed. We can depend upon getting eggs from everyone of Uifm next fall. Every precaution was taken in handling the fish to avoid any mortality among them and before they were i>laced in the ponds after taking the eggs, where they will remain throughout the year, they were given a salt bath. This is an excellent idea and should be always done after taking the eggs from any kind of trout. Just in the midst of the busiest part of the egg taking season, orders were received from you to send ^\v. Harry Grilleth to the ti^pruce Creek station to take charge of the work there on account of the illness of Superintendent Wiliiaiii Haas, who was coiitined to his beots show<'d a great many ringers were noticed as is alwavs the case. The Assistant SinicrintiMHlcnt, immediately upon discovering this, hit upon a ]>lan whereby many more of this species of eggs may possibly be feiiilized, than is possible by taking the eggs as lias been done in the past. Instead of taking the eggs from several fish in one pan and mixing them with the milt, only the eggs from one female ancj the milt from one male was put into the pan and thoroughly mixed. This ])an was then set aside and with another pan the o])('ration was r(^i)eated, poui-ing the fertilizinl eggs from each fish into pan number one until enough to fill the pan were obtained. We are watching this experiment with a good deal of interest but as the eggs are not old enough for the eye spots to show we cannot give the results here. Our two yonv old rainbow trout have been examined from time to time to determine whether any eggs can be obtained from them this y(»ar or not, but as yet the females show no signs, while once in a while we find a fine male as No. 21. DEPARTMENT OF FISHERIES. 117 ripe as can bt with plenty of milt. This is only found among the largest of them, however, showing that the rapid growth of the fish develops his generative organs much faster than when the growth is not so rapid. We have found this same thing occuring among large males of the br(;ok titjut. Our brown trout usually spawn about the same time that the brook trout, but this year it was not until late in November that we could get any eggs from them. When the pond where they are kept was seined only one female could be found from which eggs could be obtained. As the stock of brown trout is small and most of what we have are mal'?s, it was no trouble to fertilize what we got and as all the brown trout eggs that were taken became fertilized the hatch will be almost 100 per cent., which will enable us to make a fair start with this species next year. Our Atlantic salmon, (Salmo Salar) were in the same pond with the brown trout ai;d fiom appearances last year, we were sure it would be possible to gather a goodly number of eggs of this splendid game fish, but to my dismay, when all the salmon were taken out of the pond only one would produce eggs, and as it was found upon examination, the n niainder, five in number, were all females, but would not spawn until this year. As plenty brown trout males were at hand the salmon eggs were crossed with the brown trout. The experiment, however, was not a success. There were about 200 salmon eggs taken and just two of them becann* fertilized and reached the eye age. but they died before tlu'v were old enough to hatch. It is unfortunate that all these fish are females and that it is not possible to cross tin in v.ith the brown trout. However, this year's experiment with them can hardly be called a fair test as there were so very few for us to make the experiment with. Thev will probably all sjmwn next fall which will give us an opportuniiv to try the cross with the brook trout male as well as with the rainbow trout. If it were possible to cross these salmon with the brook trout, we think a very fine food fish as well as game fish could be obtained. The work of imjii-ovement at this station this year has beenof great benefit from a fish cullurists standpoint. The total number of ponds has been increased by ten and the installing of the eight inch terracotta piix' into the three i)()nds west of the hatchery has made them as gocd as new ponds, so we can almost sav the addition has been thirteen instead of ten, making a total of fiftv-nine ponds in all, with plenty of fish to fill them. RECOMMENDATIONS. The improvement to be made on the rac(> heading from the dam to the reservoir which snj)|)lies the ponds with water and which has been heretofore mentioned, is one of the iinitortant matters to be considered in our next year's work. In order to put it into the best condition possible, it would have to be widened about three feet, which could easily be done, and a concrete wall built in the center of it from th- dam to the reservoir, making a double race as it were so arranged that the water could be run into one side or Vhe Other as necessity recjuired. By such an arrangement, it would be 118 REPORT OF THE Off. Doc. possible to shut the water off one side while the otlier was being cleaned, giving us the usual flow of water all the time. As more ponds are being added, which depend upon this race tor water supply, it is very necessary that such an arrangeniL*nt should be made to prevent the possible shutting off of the water for the pur- pose of cleaning. The ground lying north between the last group of six new ponds and the large spring which supplies the hatching house, is especially adapted for the continuation of the construction of another group of ci*nient ponds, this space is 134x138 feet, making it possible to build a group of twenty-one ponds, similar to those just completed, averaging fourteen by thirty-live feet. The large increase in the stock of bi-ook trout at this station in the coming year makes it necessary that at least this group should be built to accommodate them. East of the hatching house there is a vacant space 250x375 feet, which should be used in building a large pond for holding our stock fish. A pond of this kind is badly needed at this station, as it would greatly increase the stock fish during the spawning season. A pond of this kind should have a small run or shallow pondlike inlet, where the spawning fish could enter when they are ready to deposit their eggs, to be arranged so that it could be screen<'d off from the large pond, thus enabling the fish to follow their natural instinct during (he season, also enabling us to gather their eggs without handling them more than once. The overflow from this pond would solve the question for su}>plying water to run the wheel used for cutting the fish food, the juesent supply being altogether in- ade(|uate. The building of a new ice-house is also very necessary, as the one now in use is beyond repairs. The need of a good supply of ice to be used in shipping fish and keeping the fish food during the summer months is very imi)ortant. With th(» present house this is very hard to accomplish. The barn is in great need of a coat of paint and as it has never been painted, it shows in greater contrast since the jiainting done last summer. As another horse is to be sent to this station next spring, it is necessary that a two horse wagon should be bought, also a light spring wagon is badly needed. There are several badly needed rei)airs on the cottage used by the Assistant Superintendent. The cellar wall on the west side of the house only extends twelve feet from the southwest corner, the re- mainder being loosely boarded up, making the cellar useless, and that part of the house A^ery cold. A stone or concrete wall should be built to replace the board siding. The cellar also needs a lime or cement floor. The roof on the Superintendent's cottage is in great need of a new covering as the shingles that are now on it are old and rotten. In conclusion an improvement is I'ecommended for the wat(^r supply for both Superintendent and Assistant Super- intendent's cottage. With the flow of water at this station, it would be a very easy and inexpensive matter to install a hydraulic ram at the overflow of the race. Respectively submitted, H. M. BTTLLER, Supt. B. O. WERv^TER, Ass't Sup t. No. 21. DEPARTMENT OF FISHERIES. HI BELLEFONTE HATCHERY, STATION NO. 3. Fish, etc., distributed from December 1, 1906, to November 30, 1907. Brook Trout, Fingerlings No. 1. Adams county, Bradford county, Bucks countv ^7 Blair county, Berks county, Centre countv Cumberland county Chester county, Clearfield county, Clinton county, Dauphin county, D(daware county, Franklin county, Huntingdon county, Indiana county, Juniata countv, Lancaster county, Lebanon county, Montgomery county, Miftlin countv, . . /. Northumberland county Northampton county Philadelphia county IVrr^' county, Schuylkill county Snyder countv T^nion countv York county, Total, Brook Trout, Advanced Fry. Carbon countv, Monroe county, * Total Brook Trout, Fingerling No. 2 and Yearlings. Cambria county, Clearfield countv flentre countv 4,500 1,500 7,500 286.50(i 133.50ti 403,500 103,500 39,000 342,000 30,000 15,000 9,000 48,000 34,500 12,000 7,500 21,000 57,000 06,000 70,500 112,500 7,500 18,000 22,500 127,500 7,500 42,000 121,500 2,327,000 300,000 50,000 350,000 4,000 16,500 5.000 120 REPORT OF THE Moutgomery county, Philadelphia count}^, Total, Brook Trout, Old Males. Allegheny county, Centre couutv Dauphin county, Snyder county, Total, Gold Fish. Dauphin county, Acquatic Plants. Erie couutv, Rainbow Trout, No. 1 Fingerlings. Blair county, Berks county, Carbon county, Clarion county, Chester county, Clearfield county, Lehigh county, Lebanon county, Lycoming county, Lancaster county, McKean county Monroe county, Schuylkill county, Tioga county, Total, Summary. Brook Trout, fry, fingerlings and yearlings, Brook Trout, old males, ! Goldfish, Aquatic Plants, Rainbow Trout, Total, Off. Doc. 600 50 26,150 175 1,234 75 25 1,509 6 400 4,500 3,000 3,000 4,500 10,500 57,000 6,000 36,000 112,500 3,000 6,000 3,000 6,000 15,000 270,000 2,703,150 1,509 6 400 270,000 2,975,065 No. 21. DEPARTMENT OF FISHERIES. 121 WAYNE COUNTY FISH HATCHERY, STATION NO. 4. Report of Nathan R. Buller, Superintendent. To Hon. \V. E. Meehan: I again have the pleasure of submitting to you my annual report of operations at the Wayne Fish Hatchery for the year commencinir December 1, 1906, and ^ending December 1, 1907 ^^"imcncjn^ My first subject to report will be brook trout, as we were busilv engaged in that work at the end of last year '' iJ!'Tt the courtesy of Col. H. C. Tivxler i>ermission was giyen It^'f^i^ tlie surplus brook trout eggs on his Cetronia Trou" 1 leserve, the stock consisting of about 20,000 adult trout The ar- rangement of this property is of such a character that the enyhon- iH.nts are practically the same as the trout find in their wiM and natural homes. Under these conditions the results of my worl after shipping the green egg. from Cetronia to the Wayne HatcUnV the loss until the hatching period was only fiye per cent and I attdbiite f^a : ;'7,/; ^c^.r ^'^^ i''""^' ^^ ''''- ^^'^•"' - thei^lransU^S L.e,.n wMi > ^ V f'^'^'^'S ^^iven c^ggs, and a portion of the geim will be injured or destroyed. I consider the impregnation wis al.nost perfect. The number of eggs gathered and for" NNayne liom Cetronia were 2,000,000! IOl^^alaca to The same courtesy was also extended to the Department bv ( harles \ olters, owner of the Weisport Brook TrourHatclie,^^ Th s p ant IS conducted upon a purely commercial basis. Throbject 18 to feed and grow the trout by artificial means to as lar4 V size ••■siilts a,.,, that it is difficult to fo.tilize as la.Ro a , eroonH .^ o^ loss 'was aI,o,U th, samo ' ' "^^' '^'^^'^ '" B>'""f"nto the tlu.,n through tho ioe \ t""-' • tu !. 1^?'"''"". *"" "".' ''•^' "^'""""f^' Wn.. Haas. s„po?i„t.„d..nt"^i;o'5 .'^^ r;.. ^;;;2^^^^^^^^ what ,^gs were loft at this plant', ^^•e .te' d "io oiWtinl 122 REPORT OF THE Off. Doc. 300,000. I have also taken the surplus eggs from the plant this season. This is the third atlenipt, and 1 would advisee that in the future unless >ve are able to go there at the beginning of the season 1 would not bother, as the first season the results of the hateh were not over fifteen per cent. Mr. Haas reported to me the same results lasl s/a.son. Tiiis season 1 am satisfied that our percentage will not exceed ten per cent. Xow for the cause: At the time we are allowed to handle the fish is the extreme end of the spawning period, and as the fish are not handled previous to that period we find almost every fish with their eggs partly spawned. The part that we get it is impossible to fertilize. 1 think that this could be avoided by making ariangemenls for one of the attendants to si)end tne season there. In addition to the l,!*.")."),!)!)!) green eggs shipped to the Jiellefonte hatchery 1 shipped 500,001) eyed eggs to Si)ruce Creek, 500,000 brook trout eyed eggs to Corry and 50,000 trout eyed eggs to ("arbon county. The balance of the eggs taken that season were hatched at the Wayne hatchery, filling up to its fullest capacity our three tiers or troughs. The fry tiiat were hatched were all very strong and healthy, ])ut unfortunately during the month of March on ac- count of the extreme cold weather our su]>ply of water had dwindled to thirty-six gallons jM'r minute. On account of the small How in jiassiiig llirough thi-ee sets (d' troughs the fiow was not sullicient to cause circulation enough in the lower tier, liesulls were that 1 lost about :>t!0,OtiO fry lu/fore I could remedy the matter. JJarring this our plant of brook trout was very successful, (here being no trouble or disease of any kind. The scarcity of water was with the spring. I'nder i)resent regulations it is impossible for me to use a supjily of water from the creek. I brought this matter to your attention before. It would ])robably be in place for me to mention it here. There should hv by all nuans a six inch jupi' line fj'om the head of the hatchery grounds to the Hi-ook Trout hatcln'ry to ])revent any accident of a similar nature in the future. Our present line is on top of the grounds and can only be used during the s]>ring and summer. This lin<' should be buried deej> enough to insure it from freezing. Tlu^ same line should be used for the balterv. On November 1. 1007, by your directions, T ])i'n(M'eded to Weiss- port to assist in the collection of brook trout eggs. I assisted Mr. Wertz, the sujierintendent at the hatcheiy, until all the eggs were taken, which wcic in numbers J),SOO,000. Owing to the great num- ber and demand for them our share was :500.0(H). which were shipped to the \\'ayne hatchery. Per your advice 1 j)roce<'ded from Weiss- ])ort to Hlooming drove Park, Olen Eyre, Tike county, Pennsylvania, to collect what eggs were left over there. Kesults were 2(;!).000. Received from Penn Forest P>rook Trout rom])any J)2(l,0t)t) eggs. Eggs taken from fish at Wayne hatchery, ."^OO.OOO. PICKEREL WORK. Taking into consideration the efforts niade to k(M'p the lakes in north eastern l*ennsylvania fully stocked and also the infusion of new blood I commenced to prepare for the work Ajiiil 1st, making my first visit to Long Pond. After spending a whole day looking Nc. 21. DEPARTMENT OF FISHERIES. 123 carefully over the ground I found that I was early. The fish had shovyn no vsigns of spawning their eggs. Nevertheless I kept up visiting the ditferent ponds from time to time during the month of April. I>. W. Houser by your instructions arrived to assist in the work on the L>4th day of April, and from that time I kept D. W. Ilouser, (i. W. duller and M. L. O'Hara on the lakes everv dav, and as the season was getting late I was afraid that we would ndss them. The weather conditions being very cold, the fish were very late in depositing their eggs. The first fish to spawn was the \\\U\ Wood Pond, on the second day of May. The second lake to spawn was at Long Pond. A few days after fish began to spawn simultane- ously in all the lakes and I can assure you from that time on the whole force was kept very busy throughout the month as 1 was very anxious to gather, hatch and distribute all the frv I jwssibly could, and I would suggest that during the coming seascJn vou allow me to have for work a larger force of men. There were' so many lakes to cover that it was almost impossible with the small force of men at my command to do the amount of work I would like to see accomplished, and the output depends entirelv on the number of men you have to gather the eggs and distribute the fry. Hv having three or four crew of men Hiey could work to better advan- tage, and oftentim<'s there are too many days elapse between the visits to each lake and a great many of tiie eggs that could be saved are lost, as I find tlu' fish does not spawn each vear on the same ground and oftentimes recpiires from one to tw'o davs before we can locate their spawning ground. This is the third' season that the experiment has been made with the pi( kerel, and from reports 1 have I consider it a very valuable work and is alreadv showing great n'sults. Fishermen from all over the norlh-eastein i»art of (he state have K'ported to me that it is not n<'ces.^arv to line on the lakes longer than one and a half to two hours to catch their limit of twenty pounds, also tiie fish are mm h larger than thev were two and three years ago. The distribution of pi< kerel fry this season is ir>S,OO0,(M)0 and the shipnuMit of i»i( kerel eggs to Erie and Torresdale is 40,000,dot). YELLOW PEHICH WORK. Owing to my inability to erect the new batterv I was compelled to devise some means of ojKMating the batterv' when there were both pi( kercd and perc h eggs in the process of hatching. The perch ccmmieiiced to spawn their eggs before we were throu«'h hatching pickerel. To keep the* fish in separate tiers I arran-cMfa system of spouts and carried the water from the pickerel jars into a separate tier in that way kept separate, but we should bv all nn-ans have two sets of batlcM-ies, one f,,,- pi, kercd and one for percdi. I consider the perch work of great imi.ortanc-e. [ am extreimdv well pleased with reports and also with personal observations of wdiat has been accmnplished. As an illusdation of the success in ])lanting ycdlow percdi in waters to which v.dlow perc h had not be- fore betm an inhabitant is in Hankins Pond located three miles 124 RE-PORT OF THE Off. Doc, from the hatchcrv. This j)oik1 contains pickerel, bullheads and min- nows. It is a known fact that there has never been a perch caught in that pond. Our tirst plant was made in the year of 1904 and today fishermen are catching yellow perch weighing one-half to three-quarter pounds, and as I use this pond very frequently to pro- cure shiners for bass food I catch from one to three hundred perch in a single hour of the same. Of course these perch are all returned to the waters. As these results have been accomplished in Ilan- kins Pond there are other ponds throughout the state which the same results would be accomplished with persistent stocking. Our distribution for 11)07 covers a few more counties than the distribution for 11)00. As this work comuKmces about the 1st of May and closes up about the 1st of June it necessitates a large number of cans to distribute the fish and 1 would suggest that this hatcherv be equii)[)ed with at least one thousand cans to carry on this work. Th<« distribution for l!)07 was 11:m;00,(MI0 fry, six hun- dred one year uhl. The distiibution of yellow i)erch eggs to P^rie county wa's 44,000,000. BLACK BASS WORK. Early in the month of M.xy I turned my attention to the prepara- tion of' black bass, fixing up I he nests which consisted of putting on new gravel, and in addition to the nests 1 had located before I removed some from shallow water to the deepest channels. The weather continued cold throughout the month. About the 2nd of dune I noticed the first eggs on the nests and from that time uulil the llth a great many of the nests were oc- cupied and full of eggs. From the Dth until the llth we had a severe cold snai>, in fact so cold that ice formed on the edge of the pond, but by the llth the weather and water changed to warmer. Upon investigation I found it did not aiTect the eggs at all, and a very good ])ercentage hatched on each nest. About this time I kejJt watch on the bass at the hatchery and transferred D. W. llouser, O. W. lluller and C. K. Buller to Kock Lake. They visited the lake daily lor ten days and they gathered approximately :iO,000 fry. Considering the great disadvantages thev were Avorking under I consider thev did verv well. With the number of fry gatliJ'rcd fiom Kock Lake and the num- ber of fry gathered from the bass breeding ])ond I estimate 200,000 fry. The f?y were ])laced in our ordinary fry jionds and should have been distributed during the month of July, which were your instructions. About that lime, owing to the great amount of algae in the ponds and the size of the fish, which was very small, owing I>rinci|»ally to weather conditions, 1 was unable to do so. T mad(^ an attempt later in tln^ month of August to draw off the poiuls and distrilnite the fish, but on a<'count of the small wat("r supply available at that tinte I found that the water got so hot after it was drawn down that the fish woulil die before I was abb* to pick them up. T^nfortunately aboul this time the water was drawn off of P»eaver Meadow Ri^servoir which is at the head of the Lackawaxen ('reek and all th" stagn;int and poisonous water from the creek flowed into the i)onds making them resemble a body No. 21. DEPARTMENT OP FISHERIES. 125 of water marked with Paris Green. This state continued for the next ten days and thousands of the young fish were killed. From that tijiie on I did not disturb the i)onds until the month of Octobc^r when I drew olf the water and cleaned up the ponds for next >-^ar's operatiouvs. The only sign of young bass remaining out of the 200,- 000 was twelve. This is the second fatality I have had on account of drawing off the water of the Heaver IMeadow Reservoir, and I trust there will be some means for us to guard against it in the future. I felt extremely sorry about the loss of the bass, knowing how anxious you were to have all bass applications filled. I feel con- fident that we have the possibility before us here of making the propagation of black bass an ideal one, but until the funds are avail- able to proiK'rly conduct it we will be compelled to run, hit and miss chaud's. In order to make it a success we should have a supply dam built at the head of the property from which we could draw and regulate our flow of water a.s we wish to have it, also the ponds should be reconstructed with concrete sides built from the head pan to above the water level making them absolutelv water- tight. To make the jionds conform with nature thev could be re-en- forced on the inner side with graved. As I mentioned before in my other reports this work so far has been temporarv and until it is made permanent we must expect some failures. The idea of haviuf^ the ponds absolutely water-tight is that they are built in succes*^ sion, water from one flowing into the oth(^r,Vnd the soil being of such a leachy character we must at limes flow too heaw a stream of water through the upper ponds in order to keej) a supply in the lower one that destroys a great many of the fish when they are quite small, besides a nunilx r of (hem escaping through the lakes. In speaking of the great drought in (he month of A^iigust it was not so great that we diil not have at all times an ample supply of water provided we could have controlh^l it, which can be done bv the building of a supjily dam or a reservoir. FROG WORK. Comparing frog work with last year's work in which I stated that the yards used for that purpose would have to b(^ abandoned this year on account of the drive way cutting through the vard. I aban- doned the yards and used instead one of the ponds used ]>reviousU' for pickerel, but as the environments were not suitable my success was not great and I would advise that until such a tinie as the funds are available to construct i)roi.er yards vou would allow me from this station to ship them in the tad-pole* stage. The output for the year was 10,000. We have ''ample space on the projjerty to increase this work very much and mv obsf^rvations have lead me to believe that we should have T)len'tv of room to glow large numbers. SUCKER CULTURE. During the month of June in drawing off one of the ponds I noticed a number of suckers, and having no use for the batterv for other work I concluded to make the experiment of trving to liatch 126 REPORT OF THE Off. Doc. the sucker e<>g. As this is a comiuon fish, but very extensively eaujjjht throujihout tlie ditfereiit streams, I thought it would be in- teresting and at the same time valuable to know whether they could be i>roj)agated or not artiticially. I set up one of the jars and expressed 10,000 eggs from two female suckers, fertilizing them in the same nuinner as w-e do the brook trout. 1 found on working out the eggs that they remained 6ei>arated while in the milt. After allowing them to remain in the milt for a jx'riod of fifteen minutes I washed the eggs perfectly clean and i)laced them in one of llic hatching jars. When first taken th»i egg was very small compaied with the size of the egg of the wall- eyed i)ike. Up until the time of hatching they had grown in size almost equal to the size of a brook trout egg and did not show the full form of the fish to the naked eve until within five davs of the hatching ju-riod, when the eye and the shape of the fish showed very plainly. To my surprise every egg from the 10,000 hatched a fish. As this seems something remarkable and it is a fish that inhabits and thrives in almost every stream throughout the State it is ivorthy of more attention, and I would suggest that you allow me to take up this work in addition to what other fishes we are ]>ropa- trating us it spawns in the. time of the year when our batteries are lying idle. I have the belief, although not exj)erimented with, that these fish can be held and reared in ])onds up until they are four and five inches long, jis they feed with artificial food. CUT THROAT TROUT WORK. ('onii)aring the work of the cut throat trout for the year of 1907, it was a complete failure with that of 100;") and 100t>. However, 1 am glad to state it was through no fault of mine as the eggs were dead when they arrived at the hatchery. The cause of the loss of the eggs was through the inattention of the express messengers to su|)ply the ice chambers with ice, which is very necessary wlnm one considers the great distance these eggs come, the length of time it takes and the season of the year. The eggs are shii>]tcd in August and have a five day's journey from Spear Fish, South Dakota to Pleasant Mount, Pennsylvania. The temperature of the case on opening was 7S degrees. The eggs were shriv(ded and («iy. Xot a particle of ice or signs of it was in the case. As this was extremely disappointing to me I at once notifi-'d the Commissioner of the conditions and asked for a new supply. [ also took the matter up personally with the sujierintendent of the Spvar Fish hatchery, explaioing the condition of the eggs upon arrival, askir>g him if it was j)Ossible to du])licate the order this year, but F received no reply to my communication, consequently we will have to skip the year 1007. My reports as to the success of our previous plantings are that the fish are seen feeding in the evenings, but no r(»ports of any being caught. However, the time was rather short from our first ]>lanting foi- the fish to attain a great size, but to be sure as to our success or not, with your permission I would like to this summer make a personal investigation of these lakes when I will be able to make you a more full report, and would suggest to you to make N(». 21. DEPARTMENT OF PISHERJES, 127 application for a new supply this coming summer, for, if they are a vsuccess the room in the trout hatching house can be used for that purpose at a time of the year when they are bare of brook trout. LAKE TROUT WORK. During the month of February I received 175,000 I'yt^d lake trout eggs from the Union City hatchery. They arrived at\his hatchery in very fine condition with a loss, until all eggs were hatched, of one i>er cent. They were carried until the month of July when they had attained a size of one and a half to two inches, when, by youV directions they were distributed to ai)plicants for ditf<*rent lakes throughout this section. I consider the planting of lake trout in the different lakes in north eastern part of the state work that' should be continued, as i('I»orjs are very favorable and the catching of these fish where fished for average from eight to ten pounds, and am satisfied that there would be a great many more fish caught if fishermen thor- oughly understood how to fish for them. I have made ajiidication to you for oOtl.OOO eggs this season wliieh you have already granted, i hoju' that I will be able to hatch, rear and plant them as successfully as was done this last season. WALL-EYED PIKE WORK. There was forwarded to me from the Erie hatchery one case of wall-eyed i»ike eggs for hatching and distributing into 'the Delawaie and Sus(iuehanna rivers from this hatchery, as it was consid<*red a matter of economy to ship the eggs and distribute the fish from here instead of making long runs that would be necessary from the Erie hatchery. The cas<' of eggs I received came during the latter part of the Eeason, and conseciuently a large jxrcentage were r<'ceived in baairs of bull-heads into it. The result was in the month of October 1 was able to distribute 22.t)00 from two to three inches long. Synoj»sis of Work Accomidislied in the Past Year. The construction work accomplished during the past year was the repairing of the barn which I had report<'d pieviouslv was in a very dangerous condition and very badly located. I have now ])rac- tically built a new barn out of it', raising it thirty inches, enabling It i 128 REPORT OF THE Off. Doc. mc to put in concreto basement stables to accommodate six head of horses, two cows, and harness rooms, allowing the upper floors for carriage and wagon storage. Have also taken up all the temporary hatching troughs on the south side of the building and in their place constructed two concrete trout ponds for the purpose of carrying adult trout. Built one additional concrete fry pond, extending and enlarging the main trout pond to double its former size, made pre- parations on the north side of the hatchery for the new hatching house, completing the floor which is made of concrete, but was un- able on account of the lateness of the season to erect the building, but will have the troughs all in place and ready for the reception of the fry when the eggs are hatched. Have constructed an ad- ditional piece of stone wall bordering on the stream two hundred feet in length and four feet high. Have built a bridge spaning the Lackawaxen in front of the hatchery, length twenty-four feet, width sixteen feet. The road leading from the main road to the hatchery was in very bad shape and owing to it being a public road I was unable to use any funds for its repair. After consulting with the township's supervisors they agreed to make application to the Highway Depart- ment for an appropriation to build a road from the hatchery to Pleasant Mount village, a distance of one mile. The contractors started work in the month of September, but owing to the frequent rains it was impossible for them to accomplish more than to put in the drainage pipew until the coming spring when we will have a fine road as entrance to the hatchery which will be a great improvement. During the month of November we had an unprecedented flood in the T>ackawaxen Creek and owing to not having the proper guards to control the water at the head of the property I fear a loss of some of our breeding bass which we will have to provide for before the sjiawning season commences. The monetary loss of washing the banks was probably |50. The above is respectfully submitted, NATHAN R. DULLER, Superintendent. FISH, ETC., DISTRIBUTED FROM DECEMBER 1, 1906, TO NOVEMBER 30, 1907. Brook Trout, Advanced Frv. Northampton county, Wyoming county, Monroe county, Wayne county, Lehigh county, Susquehanna county, Carbon county, Total, 161,000 202,500 375,000 227,500 107,500 197,500 255,000 1.486,000 No. 21. DEPARTMENT OF FISHERIES. Brook Trout, Fingerlings No. 1. Huntingdon county, Long Island, Luzerne county Columbia county, Sullivan county, Lehigh county, Lackawanna county, Carbon county, Susqaehanna county, Monroe county, W^ayne county, Total, Pickerel Fry. Lycoming county, Wayne county, Susquehanna county, Northampton county, Snyder county, LTnion county, Northumberland county Luzerne county Sullivan county, Lackawanna county, Carbon county, Wyoming county Pike county Monroe county, Bradford county, Total, Yellow Perch, Fry. Wayne county, Lackawanna county, Pike county, Schuylkill county , Sus(|uehanna county Wyoming county, Tioga county, Snyder county, Northumberland county Carbon county TTnion county Luzerne county, Total, 9—21—1907 U9 20,000 20,000 78,000 127,500 163,500 120,000 93,000 45,000 57,000 125,500 160,500 1,110,500 2,000,000 29,000,000 12,000,000 5,500,000 3,000,000 2,400,000 10,500,000 20,000,000 3,700,000 20,000,000 12,000,000 17,000,000 19,000,000 11,000,000 1,000,000 168,100,000 29,000,000 7,000,000 4,000,000 6,000,000 25,000,000 12,000,000 8,000,000 8,000,000 4,800,000 5.200,000 2,600,000 2,000,000 113,600,000 130 REPORT OF THE Off. Doc. Yellow IVreli, One Yoar Old. Crawford couiUy, 600 Lake Trout, Advanced P'rv. Sus(iiiohanna county, 6,000 Carbon county, ..." 40,000 Wavne eountv 105,000 Total, 151,000 WaH-oyod Piko, Fry. Bradford county 10,000,000 liull-licads or (^atfish. Wyoniin*^ county, 3,000 Wayne county, 13,000 Susquehanna county, 2,(K)0 Luzerne county, 1.00(1 Carbon county, 3.00i) Total, 22,000 Suckers, Fry. Susquehanna county, 10,000 Tad poh'S. Carbon county, 10,000 Sununary. Brook Trout, fry and tin}j:erlinj;s 2,596,500 Pickerel ' 168,100,000 Yellow Perch 1 1.3,600,600 Lake Ti-out 151,000 Wall-eyed Pik(^ 10,000,000 Bull-heads or Catfish 22,000 Suckers 1 0,000 Tad-poles, 10,000 Total 204,490,100 Distribution of Pickei'el K^j^p. Erie county 20,000,000 Philade]|>liia county 20,000,000 Total 40,000,000 No. 21. DEPARTMENT OF FISHERIES. Distribution of Yellow Perch Eggs. Erie county, Distribution of Brook Trout Eyed Eggs. Corry, Spruce Creek, Carbon, Total, Brook Trout Eggs Received 1907-08. From Glen Evre Weissport, Penn Forest, Total, 181 44,000,000 500,000 500,000 50,000 1,050,000 269,000 720,000 720,000 1,289,000 132 REPORT OF THE Off. Doc. TOKKESDALE IIATCHEKY, STATION NO. 5. Report of Jerry K. Berkhous, Superiuteiideiit. Hon. W. E. Meelian, Commissioner of Fisheries. Sir: I take fijreat pleasure in presenting; my second annual report of the Torresdale Station No. 5, from December 1st, 190G, to Novem- ber 30th, 1907. The general condition of the station is good at the present tim^. The hatching house is in fine shape and everything ready to start natching when the si)ring work commences. I was somewhat disappointed in not receiving any surplus white fish and lake herring eggs from the Erie hatchery, but I under- stand that on account of the hard blows on the lak'S (he spawn- takers were unable to secure only enough to fill the ICrie and Ci-aw- ford hatching houses. On acrcction again.st a break in the machinery of the boiler or the jiumps. In refi'rring to u\\ Irst year ii>])oi( I note the ]Hitting on of an extra intake ]ii|)e fiom the hatching houses to the y(dlow perch pond to ])revent trouble, on account of the clogging of the pipe that runs into the river when the ice breaks up in the spring. T found the work to be a great success. I found that the yellow }>(U'ch pond supj)lics a great deal more water than is taken to run the batteries. I also found that (ho water is about two or three d(»grees warmer than the river water, and on an aver- age much cleaner, aed in general gives a great deal better satisfac- tion. Now that T find it to be a succ( ss to use tlu^ water from the yellow perch pond instead of thr' Delaware river, I will replace the No. 21. DEPARTMENT OF FISHERIES. 133 pipe BJ' one of a larger size, since a three inch pipe is barely large' enough to give a sulficient quantity of water. It furuislies enough water to run the hatching house at full capacity, but that is all. The consequence is that through the hatching time I have no over- plus water for the gold li.sh pond, nursery ponds and the catfish pond. Second, that the three inch intake pipe is a little too small for the size of the pumps. But this dilticulty will soon be overcome. With your consent I bought the necessary fittings and four inch pipe, enough to complete the job. I wilf take up the three inch pipe and replace it with the four inch sometime in the near future. But I strongly recommend that the intake pipe No. 1 leading to the Delaware river still be kept in service, on account of some accident which might occur. I also wish to say that both the Warthington and Union pumps are in first class working order at the present time. WHITE FISH. On the 1st of December, ll)Ot>, I received from Superintendent A. G. Buller, of Erie, two cases of white fish eggs, which arrived in very nice condition. About eight days later I received two more cases which did not look quite so good, but were classed as fine eggs at that time of the spawning season. I started the pumps, turned the water into the batteries and commenced mv fish work in the hatching house of the Torresdale hatchery. I ran the i)umps day and night and kept the' water running con- stantly through the eggs until they vere all hatched, with the exce]»tion of two short stops of the pump, the first stop for about one hour, and the second for about two hours. The first stop was caused by a piece of ice getting into the intake pipe, and the second (me was caused by a valve W( aring out on the boiler. By keeping the men constantly at work feathering the eggs, the stoppage was of very little injury to them, and I succeeded in hatching eHrhtv per cent, of the stock. ^ fe J i On the 11th of March I noticed the first lot of eggs commencing to hatch, and the loth of March I made my first shipment to Lake Erie. I nuide four shipments in all, or a total of one hundred and forty six cans of young fish to Lake Erie. By all reports they arrived at the Lake in good condition. YELLOW PERCH WORK. Starting at the yellow perch work on March loth I commenced juitting branches around the large perch jKnid for the breeders to deposit their spawn on. On the 4th of April, I gathered the first spawn, thirty-five strings in all, the first day. These eggs were idaced in the hatching jars at once. The fish' continued spawning to May 10th. I gathered as high as one hundred and fifty string's in one day. With the best of attention I could give them, I sm'- ceeded in hatching ninety-five per cent, of the eggs gathered. 1 wish to say that the stock of fish that I have are extra large. 1 have fish that would measure over a foot in hMigth, and I gathered strings of eggs that measured over seven feet, or at least five times as long as the largest ])erch. I am very glad to state that owing the field work at this station, I have increased mv stock of adult 134 REPORT OF THE Oft. Doo. perch from 1,100 to about 3,000. I bad about one hundred an# fifty fish die after the spawning season and I succeeded in turning out 45,000,000 iH'rch Uy. 1 tiUed all the api>lications from the various parts of the state, and nmde several plants of young fish in the Neshaminy and I'enny- pack Creeks, besid("s planting several million in the Delaware rivei'. 1 also stocked a large fry pond at the upper end of the grounds which I had been working on at odd times through the winter an] had ju;st completed before hatching time. I am sorry to say the planting in the fry pond has proven to be almost a failure, due to two reasons; first on account of the pond being new; second, on account of not having the time to give the fisli the proper atten- tion and the food that they should have had. I think at a rough estimate that there are from two hundred to three hundred left. Yellow perch generally spawn during the night or towards the morning, although once in a while they seem to take a contrary notion and a number of them deposit their spawn in the daytime The eggs are fastened together by what appears to be a thin skin and the whole forms a broad tiat lace-like ribbon, but shaped like the bellows of an accordian. The color is yellowish white. The strings are from a foot and a half to over seven feet long, according to the size of the fisli, and each string is several times larger than the fish. The strings are fastened generally to the brush and so lightly that a little wind or over much current will sweep them away. As the eggs are semi-buoyant, if the current is anyway strong they will be swept to th(» shore and sometimes abov(^ water mark, where, if they are not gathered immediately they will die. Tlu' same holds good with pickerel eggs, which resemble the yellow perch very ch)sely. The eggs are larger and th<' strings therefore larger. I have seen strings of pickerel nin(» feet long. They are lighter in color, too, than the yellow ])erch. Our method ef gathering yellow ])erch eggs was to enter a boat, carrying a bucket and a scrap net, and row along the edges of tlie ])rush, which as T have before mentioned, I had ])reviously placed in the water along the banks. By means of the scrap net, we gathered up the strings of eggs, both those fastened to th(» brush and those which had broken loose and were resting on the bottom of the pond. The ribbons or strings of eggs when fastened to th*' brush are not stret<*hed out, but are generally crumphHl up as one would t to clean this foreign matter out endangers the eggs. And so washing hurts them. But dirt and sticks with pickerel eggs does not seem to hurt them m REPORT OP THE Off. Doc. as it does others. Mr. Nathan R. Buller, and Mr. Meehan both tell me that the yellow perch hatch in greater quantities during the night at the Wayne Hatchery, but this has not been my experience here at Torresdale. The greatest number of eggs come out early in the evening and early in the morning and large numbers come out earl}' in the afternoon artd quite a number would hatch even in the morning near the noon hour. As a mattter of fact, I could not see very much dill'erence except early in the evening or early in the morning. I could not see any difference whatever with the pickerel as to the time of coming from the egg. When they com- mence to hatch there was a steady flow both day and night. The yellow perch when hatched are so small that meshes of our shad screens were too coarse to hold them in the frv tanks. At first I thought I would have to use cheese-cloth but I succeeded in finding.a wire netting with meshes about as fine as cheese cloth and used it. SMELT WORK. By your directions on the 17th of April I went to Cold Springs Harbor, Long Island, and returned the following day with five million eyed up smelt eggs which carried through in good shape and were very nice eggs. I placed them in the hatching jars and they hatched out in about a week. There was practically no loss after I received the eggs. I turned the young fry over to N. K. Buller, who planted them in an inland lake in Wayne county. I found the hatching of smelt eggs very easy, by following in- structions given me both by Mr. Walters of the Cold Spring Hi>rbor Hatchery and Mr. Safford and Mr. Meehan, I found though it quite different from other work. The eggs are the smallest I have ever seen. It requires 5(10,000 to fill a lii^uid ipiart and they are as small as mustard seed if not smaller. Smelt eggs will not hatch when exposed to the light. There was too much light even when I closed the wiiidow shutters, and to give them suflTicient darkness I had to hang a dark cloth curtain in front of them. The prevailing opinion tlilat small fish give fry of a pretty good size does not hold good with these fish because the fry of the smelt is so small that I had to use a screen of linen, and double at that, to keep them from es- caping after they were in the fry tank and even then a few manage d to wriggle through. They started to hatch about ten o'clock at night and in less than a half hour the entire 5,000,000 were hatched. I thought that a single sheet of linen would be sufficient to hold them. They began to hatch when I was in the dwelling house and the watchman called me. When I got to the hatching house I found the little fish coming through the single thickness nearly as easily as I could go through a door. WALL-EYED PIKE. The early part of May I received two different lots of wall-eyed pike eggs from the Erie Hatch(»ry. The first lot were fairly good for wall-eyed i>ike, but the second lot were the last of the spawning and was a very bad batch of eggs. Out of the whole lot I hatched about 60 per cent. No. 21. DEPARTMENT OP nSHERIES. 137 CHAIN PICKEREL WORK. These eggs were sent me from the Wayne Hatchery. They came in two lots, about seventy cans in all, and were a very fine lot of eggs. The second lot were nearly all eyed up when they arrived and there was little loss in them. They hatched out in about ten days and after the applications were all filled the remainder of the fry were planted in the Delaware River, and large streams that flow into it. SHAD WORK. On May 5th I received ray first shad eggs from a gill net fisherman. They were from only one fish but were nice eggs. It was about one week before I got any more eggs on account of a cold wave which lasted for about that length of time. While the cold wave lasted of course the water got much colder and there seemed to be no shad in the river. My opinion is that the cold water drove them out and down the Bay where the water was deeper and much warmer. As soon as the weather commenced to get warmer, the water got warmer and then there was lots of shad in the river again. Soon after this the eggs commenced to come in again, but very slow. By this time I had seen most of the fishermen in person and made ar- rangements with the most of the gill net fishermen to take their own eggs. Then I stationed my men and we commenced shad work on the Delaware in earnest. Being my first year in the culture of shad I took very much interest in the work and the progress of it. With one of my best men, Mr. Nesley, I took the most important shore net grounds, known as the Murray fishery, and operated by Mr. John Page, to whom we owe many thanks for the kind way in which he treated us and for the 2,0(>5,000 eggs that we got from his fishery. With the exception of two or three days, I was at the fishery when in operation, and when I was absent Mr. Nesley was on hand to look over every fish that was caught and see that no eggs were lost. The one particular thing that I noticed among the shad that were caught was that most all of the roe shad or the greater purpose of getting the eggs from the ri[K^ fish that we catch; second, for the purpose of getting the roe shad that are not quite ready to spawn and penning them into a small pond which I will have prei)ared for them and try to hold them until the eggs can be taken. FROG WORK. In the early part of April, I secured from field work connected with this station, frog spawn enough to stock all of my jionds, besides sending Spruce Creek twenty-five cpiarts of eggs. These hatched out and seemed to be doing fine when very suddenly ther' came a heavy rain and flooded the [>ond, and what were not washed out of the ponds died in a short time afterwards. I owe the cause ])artly to the oily water which remained in the ponds for several davs. J am very glad to say that the eggs that we got from our owti adult frogs from the last spawning, or second spawning, which took place in July, turned out very good, and I succe-edcMl in shi|)jMno; out ir».0.*?0 very nice ones. T have large frogs that will weigh over a i>ound, and on one occasion I measured a tad ])ole that measured six and one quarter inches. DEPARTMENT OF FISHERIES. GOLD FISH WORK. 139 My large gold fish carried through the winter in good shape and looked very healthy in the s}n-ing. They commenced spawning in INIay and spawned very heavy and there were an amount of little fisli in the pond. But at this time of the year my time was taken up with the shad work and I did not give them the close attention that I should have done. Consequently, before I knew it there were thousands of little fish of various kinds pumiM^d from the river by means of the intake pipe into the pond and they were all preying on the young gold fish. The consecpience was that they ate up all the first sjjawning, and they the best fish. I wish to state that Mr. John Fowler, h-ead gardener on the F^oerderer estate presented us with about four hundrtMl very nice gold fish. LARGE MOUTH BASS. About two or three weeks before Ihe si>awning time I drew the water from the pond that the adult bass were in, and transferred them to their new pond that was completed the winter before, and 1 was V(^ry much disapj)ointed when I took them out in finding only about one hundred bass and of these there were more than two- thirds males. As spawning time arrived tlu\v commenced to fight and chase one another around the j)ond. The conseciucnce was that there were only two nests in the whole poiul hatch<'d out. But I want to say that I secured a few young fish by field work done by myself and assistant in Bt'rks county. I put them in the new bass fry pond that I had completed during the winter months. They diJ fine and wally. although I had some yellow perch and ct)mmon. The sun fish pond at (he time of spawning was one mass of nests and was a great sight to the many visitors who visit the hatchery. Aft *r the eggs were hatched the ])ond was just one great school of little fish and was a wonderful sight to look at, but owing to the creek running thi'ough the pond and having no way to regulate the flow of water at the time of the many hard rains of the summer, tin* water carried a great many thousands out through the screens into the river. But this difficulty has come to an end. By the use of the House of Correction labor. T had a new sun fish j^ond made about fifty feet wide with a very nice gravel bottom, and the wat'M* way which will be very e^asily regul;it<*d. T ]\i\\o dispos<'d of all tlio yellow and common sun fish and by your orders will transfer tin- Lake Erie blue gills and the long (»ared sun fish to the new i)on(i early in the spring. 140 REPORT OP THE CAT-FISH WORK. Off. Doc. Cat-fish work I find to be very interestiug on account of the waj both male and feniak' protect their eggs in the nests, and also the young fish. I find in cases where the old fish are caught or killed and the young ones left that another old fish will gather up the young and look after them. Often times in a school of young fii!.h we will find four or five ditt'erent ages of young fish. On account of the severe winter the frost got into the banks of the cat-fish pond and heaved them so that the pond would not hold water and there was only about eighteen inches left in the kettle. I could not fix the leaks on account of so much frost in the ground. Neither could I fill the pond with water. About nine inches of ice formed on the pond at one time leaving not quite one foot of water for the fish. In the spring as soon as the ice disappeared I took the fish out and they all looked apparently in good condition, but just before spawning time they commenced to die, and I lost about half of my entire stock. I lay the cause to tAVo reasons; first, the fish getting chilled from the lack of water through the cold weather; second, there are always a great many cat-fish die just before spawning time. But by the help of the fishermen and the field work connected with (his station, I soon replaced this stock of cat-fish and as a result had a very nice outj)ut of young fish. WHITE PERCH WORK. By means of field work in early si)ring time, I secured some very nice white jKU'ch. Having no pond for them I placed them in the large cat-fish jiond and paid very little attention to them with the exception of feeding them. This fall, when I drew off the pond I had one thousand very nice young fish, which I planted in the Dela- ware River. As the white perch are very nice fish I ask your per- mission that by means of Correction labor to build a pond for them next spring. CONSTRUCTION WORK. In the mid-summer by your request a gang of men from the House of Correction was sent to me at the hatchery by the orders of Director of Public Safety, Mr. Henry Clay. First I* started grading the yard between the dwelling house' and the river front, but shortly afterwards by your directions I started th(Mn in directly above the frog ponds,cleariiig the brush on the east side of the creek through to the upper end of the grounds. Aftc^r this work was completed 1 started them in the new sun fish pond directly above the new bass pond which they completed the fall before. The new sun fish pond is a beauty, a i)()»d about fifty feet wide with a fine white gravel br)ttom and natural gravel banks. After this ])0]id was completed I put tlio gang at work straightening the creek which runs through the center of the i)roi)erty. After this work was done I i)roposed by your piMinission iopnt the gang at work straighteninir a nook on the west side of the bass ]»ond, which will beautify the jmnd and also give us much more of a simwning area which is very badlv needed. No. 21. DEPARTMENT OF FISHERIES. 141 First I completed the two new fry ponds at the upper end of the grounds which was started last fall. Then I tore out the wooden frame work of one of the fry ponds near the hatching house which would not hold water and made it over with concrete .sides and bottom. Knowing that your intention of turning the gold fish pond into a calico bass pond near the hatching house that will not hold water on account of the sandy soil, be made over with concrete and both be made into one large pond. Then, work of propagating gold fish be done in this pond. T found on account of the many hard rains of the summer that the main sluice ways of the yellow perch and the old sun fish jionds were not large enough to give the water during heavy freshets, a chance to run off. To make the ponds safe from the danger of high water, I tore the old wooden sluice way between the river and the perch pond out completely and replaced it with a large concrete archway about forty feet in length, five feet in width and nine inches thick. The driveway passes from the dwelling house to the hatching house over the arch. I put in another concrete sluiceway from the old sun fish pond lo the yellow perch pond, putting a concrete arch over it under th(^ roadw^ay from the main entrance to tlu' hatchery grounds, and so g( tting rid of the bridge which had been there. By the frequent trimmi'ig of the hedge which runs ]»artly around the lower i)art of the grounds I have succeeded in getting a very pretty hedge. The general conditions of the grounds are fairly good. One of the inten^sting features of the work of this hatchery is the field work cflni:fMted with this station for the purpose of col- lecting young fish foi* distributing an Large mouth bass 25 Pike, 5 Swan bass 5 Before closing my report I wish to refer to the Auxiliary No. J of the Torresdale Station, owned by ^Iw Bromley Wharton, near the Neshaminy crr^c^k and operated under u\y supervision. He has two very beautiful ponds, one of large month bass and the other of Lake lOrie sun fish. On account of the vry busy season it was not often that T visited the place through the summer, but enough to know that Mr. Wharton was doing good work in the rearing of fish for Neshaminy creek. Here is at present a large stock of fine sun fish for spring planting. Mr. Wharton Avill give full details in his report to you. On the 10th of November, T i-ecort to N. R. Bnller, who was takin;; trout egys at tie* Welters hatchery and found a very fjice healthy stock of fish, and also an up-to-date hatchery. 142 REPORT OF THE Off. Doc. On the loth of November, I went to the l»enn Forest Hatchery under your orders where I took full charge of the hatchery through the brook trout spawning season. In closing my re})ort 1 wish to thank you for the many valuable suggestions you have given and the courtesy you have shown me. Hoping that we all may be able to greatly enlarge our output of fish the coming year, I remain Respectfully, J. K.' BERKHOI^S. DISTRIBUTION FROM TORRESDALE HATCHERY. FROM DECEMBER 1ST, 1906, TO NOVEMBER 30TH, 1907. White Fish Frv. ft Erie countv Total, 8melt Frv. Wayne county, planted by the Depart nu*nt, . Total, Wall-eyed Pike. Adams county, Bucks county, Delaware countv, « Huntingdon county Juniata countv Luzerne countv Lebanon county, Montgomery county, Philadelphia county, i)lanted by Department. Pike county, York county, N. J. Fish Comm. in exchange for other tish, . Total, Shad Fry. Delaware river, Total 6,100,000 0,100,000 n.ooo.ooo 5,000,000 100,000 :i,ooo,ooo 200,00<) 400,000 1.100,000 100,000 100,000 2.000,000 oso,2r.() 1.000,000 1,100,000 1,000,000 11,080,250 5,834,000 5,834,000 No. 21. DEPARTMENT OF FISHERIES. Yellow Perch Frv. Adams county, Bucks countv, Berks countv, Bedford countv Blair county, Cumberland county Cambria countv, Chester county, Daui)hin county, Delaware countv Franklin countv, Fulton countv, Fayette county Indiana countv Juniata county Lancaster county Iv(diigh county, Lebanon countv, Montgomery county, Xorthampton county, Philadeli)hia county Planted by Department Perry county, Somerset county, Westmorland county York county Total, Frogs. Adams county Berks countv Bucks county Chester countv Huntingdon county Lebanon county Lehigh county ^lontgomery county Mifflin county XorWiumberland county Philadelphia county York county Total, Cold Fish Fingerlings. Philadelphia Schools Philadelphia Police Station Total, 148 625,000 3,125,000 3,000,000 1,625,000 500,000 750,000 625,000 1,875,000 2,625,000 250,000 125,000 500,000 250,000 750,000 250,000 1,250,000 1,250,000 6,000,000 2,625,000 625,000 3,125,000 7,250,000 1,750,000 1.250,000 1,625,000 1.375,000 45,000,000 400 600 300 1.100 4,0(m 1,300 200 1 .700 5.000 100 100 2.130 16,030 115 51 5 144 REPORT OP THE Gold Pish, Adult. Philadelphia Schools, Philadelphia Police Station, Total, Large Mouth Bass. Chester county, Delaware county, Lancaster county, Montgomery county, Total, Sun Fish, Small. Berks county, Bucks county, Chester county, Lancaster county, Lebanon county, Montgomery county, Northampton county Philadelphia and Delaware Kiver Schuylkill county, York county, Total, a C Sun Fish, Large. Montgomery county, Total, White Perch Fingerlings. Planted by Department in Delaware Kiver, Philadel- phia county, Total, Cat Fish Fingerlin.iis. Adams county, . . • Berks county, Bedford countv Bucks county, Cambria countv, Off. Doc. 100 38 138 850 150 150 500 1,650 3,000 750 025 875 250 4,250 1,125 5,500 1,500 1,125 19,000 330 330 1,000 1,000 500 1 ,300 400 700 100 No. 21. DEPARTMENT OP PISHERIES. 145 Carbon count}', ^^*' Chester county, ^^^' Cumberland county, 1^'^ Erie county, 1,600 Franklin county, •^OO Huntingdon county, 200 Juniata county, 200 Lancaster county, 500 Lebanon county, 200 Monroe county, 1,000 Montgomery county, 1,000 Montour county, 200 Northampton county, 300 Philadelphia countv 1,200 Schuvlkill countv, ^ 300 Snvder countv 1^^^ Union countv, 1,200 York county, 000 Total, 13,200 Large Cat Fish. Erie countv, 400 Philadelphia county, 140 Total, 540 Chain Pickerel Fry. Adams county, 1,200,000 Blair countv, 900,000 Berks countv, 1,500,000 Bedford county, 1,800,000 Bucks county, 17,100,000 Cumberland county, 1,200,000 Delaware countv, 600,000 Dauphin countv, 600,000 Fayette countv, 300,000 Franklin county, 4,200,000 Juniata countv, 600,000 Lebanon county 9,900,000 Lancaster county, 2,100,000 Montgomerv countv 600,000 MilTlin county, . . . ^ 300,000 Philadelidiia 3,600,000 Planted by Department 15,000,000 York county, 1,500,000 Total, 63,000,000 Grand Total 136,073,5.53 10—21—1907 146 REPORT OF THE Off. Doc. Summary. White Fish 6,100,000 Smelts, 5,000,000 Wall-eyed Tike, 11,086,250 Shad, 5,834,000 Yellow Perch, 45,000,000 Froffs, 16,930 Gold Fish Fingerlinj-s, ' 515 Gold Fish, Adults, 138 Large Mouth Bass, 1,650 Sun Fish, Young 19,000 Sun Fish, Adults 330 W^hite Perch, 1,000 Cat Fish, Fingerlings, 13,20(» Cat Fish, Adults, . 540 Pickerel, 63,000,000 Total, 136,073,553 No. 21. DEPARTMENT OF FISHERIES. 147 ■J •J 0) ri o I a ERIE AUXILIARY HATCHERY, STATION NO. 6. Report of A. G. Biiller, Superintendent. Hon. \Y. E. ]Meehan, Commissioner of Fisheries: Sir: The following is mv report from December 1st, 1906, to November 30, 1007. I find the first thing I will have to mention will not sound very encouraging, but fortunately our one serious mishap for the year ended on the night of December oth. We lost our adult black bass, about eighty in number on that night. The ground had bi'en covered with snow, and on the night I mention there was a heavy rain, which caused the creek to raise rapidly. The screen at the splash became clogged with leaves and other matter, which caused the water to overflow the banks and tore out portions of those ponds. One of these ponds contained the black bass I mentioned losing. I hopeil to recover most if not all of the lost fish later, thinking they had landed in an ice pond which the creek runs through about one mile below the hatchery. I made arrangements with Mr. Peters who owns the iM)nd to have it drawn down, but sorry to say, we did not find the fish. During the iiionth of December, I received 210,000 lake tieut eggs that were gathered by the crew on the Tug Rocket, which fished out of Erie. On January 12th, I received 2,500,000 lake trout eggs from Tnited States Bureau of Fisheries, Northville Sta- tion, Michigan. These eggs were already eyed and exceptionally good. On account of the weather conditions, we were not able to repair the damaged ponds therefore the supply of water in the hatching house was rather low. I found it necessary to send 1,000,000 of the eggs to the (V)rry Hatchery to be cared for. You also instructed me to ship 150,0(H) eggs to the Wayne Hatchery. During the month of Apiil, I received seventy-five adult yellow perch from the Corrv Hatchery. \Ve gathered 108,000 perch eggs from the pond in whicji these fish had been placed. The eggs were sent from the Erie Hatchery to be hatcluMl in the jars. We also received ir),000 frog eggs from the Erie Hatchery and placed them in the frog jionds. I am sorry to rei)ort these eggs did not hatch. I attribute the cause to the severe weather we had after placing them into the jmnds. The ponds had been covered with ice at different times. However, I wns able to gather 12,000 tad-poles later in the season from th:» yellow perch pond. I noticed (juite a number of frogs in the large ponds. I believe the frogs will multi]>ly from year to year, and in this way we will be able to gather large (juantities of young tad- jKiles. As early in the spring as possible, we repaired the banks of the ditferent ponds which had been damaged during the flood. When this was finished, I j>repared thi^ black bass pond for the season's work, and placed a large number of artificial nests in the shallow parts. No. 21. DEPARTMENT OF FISHERIES. 147 A KHiK Arxii.iAiiv llAT('ll^:K^, station no. (;. KcjKiil of A. (j, liiilirr, Sii|MMinl«'iul«'iil lloii. W. I']. .Mcclijiii. ( "oniiiiissioiM'i- (»f Fislicrirs: Sir: Tlic lollowiii;^ is iiiv rcpoi-l I'l-om DiMciulicr ls(, liMMJ, lo Xovi'iiiluM' :H», 1!HI7. I find llic liisi tliiiij; I will liavc lo iiiciKioii will not sonnil vci'v «'nc(Miijjj;iii^, hut foi I miah Iv niir ojir sciious inisliap tor tlu* vcai cinlcd on tile iii;iiii ol" 1 Jrrcmhcr ."ii li. W'r lost oiii- adiill black hass. ahoiii ci'ilitv in niinilx'i- on ilial nij^lii. Tin* ^i-onns were already ^^\vCi and exceptionally ^ood. On account of ihe weather conditions. \\v were not able !(/ i-epair liie ary to sejnl l,(l(ll).(M)ii of the <*ji^s i(» the Coiry llatcheiy to be caret! for. Von also inslrncte<| me to ship ir.O.diM) eujis to the W ayiie Hatchery. Dnriiiu the miMilli ond was supplied with si»ring water, the temperature of which was 55 degrees. 1 noticed the fish in this pond grew slowiv and on the 2Sth day of July I discovered the little fellows were covered with fungus. I used salt freely but to no avail. In three days time the entire lot of fish had died. As the fish in the other ponds were in a healthy condition ami growing nicely, I feel the trouble was caused by the cold spring No. 21. DEPARTMENT OF FISHERIES. la / water. W^e were able to ship 22,650 flngerlings. Numbers one, two and three, or in other words, filled all the applications sent to me. I had hoped to raise a large number of young fish, but the largest fry pond wdiich contained no less than 50,000 proved to be a great disappointment to me. 1 never noticed any dead fish in this pond which is quite large and about four feet deep in the centre, until the fish became the size of one and one-half inches long. We could see large schools of them close to the banks. The fish were fed daily on small minnows which were collected in the upper dam and along the creek. As the time went on, we did not see so many fish along the banks, but we naturally thought they were staying m deeper water. You said if I could spare two thoiisafid young bass I should ship them to Spruce Creek hatchery, so on August ITth we drew down the pond in order to get the fish. Imagine my disap- pointment in finding but one hundred and fifty fish. This proVv'S their canabalistic nature. For want of space it was necessary to place the sunfish, rock bass and calico bass in one large pond, which was in June. A few days after the fish were j)laced in the pond we noticed the rock bass and sunfish busy prei>aring their nests close to the banks, but could not see the calico bass working. The latter part of June the pond close to the banks was alive with little fish. I plact d a large (pian- tity of brush in the pond to afford the little fellows hiding places. October 2d, I drew off tlu' i)on(l in order to remove the small fish. I was jileased to find the jumd filled with thousands of young fish. On account of not seeing any of the calico bass working I did n')t expect to find young calico bass, but to my smprise found a large number of these fish were calico bass. It was a pleasing sight to see the size they had grown in that length of time. They were three months old, some of tluni measuring three and four inches long. You instructed nie to send live hundred calico bass to the Torresdale hatchei'v, and the sani' amount (o the Crawford hatch- erv. I ri'tnined one thousand for this hatcherv. During the months of October and November. 1 received one thousand five lunub-ed and thirty-one yellow jierch from Erie, whieh were jdaced in the ]>ond for breeding. The iinju-ovements made on the hntchery grounds during the year are as follows: the outlet or sjf!::sh at the ui)per dam has been widened to the dei)th of ten feet; the yellov,' jierch pond was finished; built an ice-house measuiing 20x20 nud 10 fee t to the s<:|uare; placed a partition in tlu" ice-hoiise in ordei* to ninke use of one part for storing tools, and ship])ing cans; built a meat house 12x15 feet, part of this building will be used for storing bass nests; jvainti'd the roofs of the hatchery and icehouse; changed the course of the creek to the left of the bri Ige at the entrance of the grounds; graded the ground around the jionds sind planted ti*ees at different place^Ji; put gravel on several '^siveways; cleared away underbrusli, logs and stumps from dilTerc iit ])arts of the grounass, fingerlings No. 1 Small Mouth Black Bass, fingerlings No. 2 Snuill Mouth Black Bass, fingerlings No. 3 Tad-poles, Total 151 501) 3,000 9,0()(» 7,500 20,000 500 500 1,500 2,500 50,0(H) 150 (>,000 6,000 12,000 1 ,408.000 123 1,375 15,2(^0 ()0,800 .5(1,000 20,000 2,500 150 12,000 1,579,148 152 REPORT OF THE Off. Doc. CRAWFORD HATCHERY, STATION NO. 7. Report of W. H. Safford, Superintendent. Hon. W. E. Meelian, Commissioner of Fisheries, Harrisburg, Pa.: Sir: I beg to submit the following report for the year beginning December 1st, 190G, and ending November 30, 1907, of the operations at the Crawford hatchery. 1 desire llrst to give you a general report concerning all the work done, after which I will divide it into articles. Up to the beginning of the year the progress of the work had been very slow. This was owing to the limited amount of money available for labor and supplies. \N ith the opening of the spring of 1907 work in earnest on the station was started. Pond No. 2 that is being used for sunlish propagalion was comj)leted. This was started the fall before with but little headway made. The dimen- sions of this pond are GO by 225 feet. Pond Xo. 3 was then at once started. This pond will eventually bo used for bass culture. For the present, however, it is being used for yellow perch. This is the finest pond we have on the reserva- tion up to date. The dimensions are 85 by 225 feet, and give us a fine area for bass culture. The depth ranges from two feet at the upper end to four feet at Kettle hole. I next turned my attention to the construction of fry ponds. One 25x80 feet was entirely completed. Another one 75x100 feet was about two-thirds done when other work took our attention and forced me to leave it over until next year. The station in general has undergone a transformation. With the liberal appropriation granted by the last Legislature on your re- commendation, 1 am able to make you a report that gives me a great deal of satisfaction. In looking over the original ground for a site for the dwelling house, no particular place seemed desirable. On your visit to the station in the early spring this was called to your attention. A piece of ground adjoining us on the west, containing three acres was selected by you as a most desirable phice to build. Acting under your instructions, 1 purchased tlie three* acres on which to locate house and barn. The purciiase of this land was made pos- sible by the fact that there was a sum of money left in the hands of the Committee of Public Subscription. This" was subscribed by citizens of Crawford county at the time of the location of the hatchery, and was not all used. Ruilding operations were at once start^'d after you yourself had given minute attention to designs, th<' making of specitications and the i)lacing of contracts, and a frame dwelling house, a barn and hatching house were comjilcted. Driveways and walks for the entire grounds will be started in the early part of next year. This will give you a general idea of No. 21. DEPARTMENT OF FISHERIES. 153 the amouut accomplished. this year aside from the great amount of water mains and other work which I will speak of later. I will now pass into details, starting in with the fish cultural work. SMALiL MOUTH BASS. Bass culture still being in its infancy, the different ideas of fish culturists throughout the country are many. The environments not being exactly the same, no two places can be compared in any way or manner. The construction of ponds is varied as is the number of fish to each pond and in fact every fish culturist has his own ideas in regards to this work. Bass ponds as built at Crawford hatchery would be called fiat iron shape. The upper end, which has the infiow pipe, is square across with the corners rounded. The lower end at the overflow is given a long round point which, to my idea, gives a better circula- tion of water than those that are square. The depth of the water is uniform over the entire pond, with the exception of a triangular hole running from the overflow back into the pond between 30 and 40 feet. This ranges in width from four feet wide at the mouth of the overflow to thirty-five feet wide at the upper end of the pond. This hole is built for hibernating i)uri)Oses alone. The depth of water carried during the spawning season in the spawning area of pond is about 2 feet. The depth of water at the hole is five feet. The ponds were given a thorough test last winter as to their holding capacity. Tlie weather conditions here during the winter are quite severe, the thermometer often registering as low as 35 degrees below zero. I carried forty-nine bass through in this depth of water without the loss of a single one. This proves to my satis- faction that five fe-et of water is ample to carry adult bass through during all seasons of the year. This pond is 7r)x225, containing 10,875 sciuare feet. The next problem was to find out how many pairs of adult fish it would hold. I placed sixty females and for(y-nine males in this pond and at one time there were thirty-nine nests cleaned up and the majority of them with eggs on. I saw no evidence of fighting or overcrowding in any way and it is my intention (o try a still larger number next vear. The natural aquatic productions at this station are abundant. The water plant known as Chara moss is especially plentiful and is absolutely alive with daphnia. This I found a most valuable help, of which I will speak later. The type of nests used by the fish were both natural and artificial. [ found one as successful as the other under certain conditions. Thus, when one natural nest was occupied the nvxt one, an arti- ficial one, might be empty and vice-versa. Of course I do not mean by this that the natural nest is in any way superior to the artificial one, as the artificial nest is an absolute necessity to pro- vide secrecy to the fish then confined in the ponds of small are.a. I will say, however, if 1 had a ]>ond large enough and under my control, I would use nothing but natural nests, that is, what I call natural nests. I would provid<' shelter but not with a box forma- tion. I noticed in particular the eggs in the natural nests were il 154 REPORT OF THE Off. Doc. invariable larfjor in number tlian those in the artificial nests. My reasons for this is, the laiger lish recjuirino more room, would select the natural nests in preference to the arliticial ones. Then apiin I Uiink in the actual si)a\vnin«' the lish becomes tired of the conline- ment in the boxes and before the e-os are all cast, the female some- tmies leaves, and with the few e^gs deposited tlie male is well enoiij?h satisfied to proceed to work. However, I do not say this positively, but I intend to watch it closely again next year to* see if it i)roves the same. The tyi)es of artificial nests used at this station is known as the Lydell nest. It is two feet scpiare everv wav with two sides enclosed. On the oihmi or front side a three inc'h strip is nailed at the bottom. An excavation is made in the pond the dejtth of this strip and this filled with gravel from the size of a marble up to as large as a goose v^g. You will invariably find the smaller stones rolled to the outside and the larger ones in the centre. This anidies to the natural nests as well. The form of screen or crib I used is circular and large enou«^h to set down over the nests. They are built of heavv band iron frame with rim at the toj) and bottom and four standards to make it hrni. 'Ihese are made to a height suitable to the depth of water in which they are to be used and should be at least two feet above the surface. The outside is covered with the best grade of cheese cloth and when they are set in the pond should be placed firmlv and as nearly level as possible. In order to prot(M-t them from the actiim of wind and storm and even from attacks bv the angrv parent a board was i)laced across the top and a stone oV weight laVge enough to hold them upright ]daced on it. These screens proved verv suc- cessful in confining the fry. The past year in this seVtion was verv poor for bass culture My bass begun spawning on June 2d with the water at (>(» d^'grecs '.Tune 11th I had nineteen nests with eggs and some with frv about ten hours old. That night we had a very heaw frost and the water dropped from 03 degnvs to 42 degrcM's. the next mo.nin- tlie entire lot both eggs and fry were dead. This caused us a los^ of not less than 1(1(1,000 fish. This was a savvniiig pond to the fry pond I had supplied it well with water plants. This pond, as I stated before is 25x80, with a depth of water ranging from eighteen inches to two feet. As fast as the frv rose to the surface on the nest in screens they were carefully transferred to this pond. I had about 40,000. This being the only fry pond completed at this time I was forced to place all my fish therein. Knowing widl their canabalistic nature I knew they must have a great deal of attention. I began feeding them ground liver twice a day. They seemed to take it very well, but owing to mj' inability to secure liver to the amount required I was forced to change to something else. I took crackers and rolled them very fine and bc^gan fe-eding with it. From the time I could get to watch them to my idea it was more preferable than liver. As far as cleanliness is concerned it was far superior because what the fish do not eat floats to the overflow and can be removed very easily. The first fifteen davs the frv were fed twice a dav, after this, once. From the 40,000 fry i)laced in the pond I was able to ship o2,350 fingerlings from one and one-half to two and one-half inches long. Judging from the amount shipjK'd I think canabalism was kept to a minimum. On July Sth I began shipi)ing and continued until the applications were all fiUed. Through your orders the siir])lns bass was planted in the Conneaut Laki', one of th<» finest natuial homes evage. This makes it easy to hold water at any depth desired and to close off the supjily at anv time to meet conditions. This is very essential at times. It also makes it easier to control the nestings of the fish which is also a great help. I predict a most successful future for this station in bass culture. SUN FISH. My exj)erience with sunfish is limited. Yet I am very proud of the number of fingerlings I produced last year. IJeing aware that their characteristics are very similar to the bass, after a conference with you I constructed mv i>ond on the same lin("s I would for bass. Tin? pond is (>0x225 feet and ]U'ov (he whole pik' of gravel which varied in size from two and a half to four and a half feet across. When the nest was built on the clay bottom the excavation would be nearly round, and as I said before from four to six inches deep, and not more than from fourteen to sixteen inches in diameter. You cannot expect a suntish to spawn where you want it to; they are like some people will do as they want to anyway. The habits of the fry are about the same as the sm'all mouth bass, rismg to the surface anywhere from the third to the tifth dav, ac- cording to the temperature of the water and readv to scatter and take care of themselves. The manner of cribbing was the same as in bass. In fact I used the same cribs as I did for my bass. Not having fry ponds sutlicient in number, the rearing of sunfish was altogether diit'erent than that of the bass. Tt shoAved me the advisability of large fry ponds. Instead of removing the frv from the spawning pond I removed the aduHs. I had a pond partly com- I)leted to which I transferred all the adult fish, leaving Ihe'fiv in the large spawning pond that they were hatched in.'^ They had nothing but the natural food having no attention in the way of feed- ing at all. From the number shipiK'd and i)lant<'d the condition and size of the fish makes it certain to my mind that large fry ponds cannot help but be successful. This apjilies eilher to bass' or sun- fish. The natural condilions at this station for the successful pro- pagation of this species of fish are good. I see no reason why we should not double our outi)ut next yviw. Every a]>])licalio!i on file at this station was filled and In compliance with' your instructions the suri)lus fish was placed in Conneaut Lake. FROGS. Tn order to keep pace with the older hatcheries under your super- vision, the first two ponds constructed this sjning were for fro-- culture. ' *" The uncertainty attached to the propagation of frogs is asto!)ish ing. The impression naturally prevails to those who are un- acquainted with this work that it would be the easiest thing in No. 21. DEPARTMENT OF FISHERIES. 157 the world to raise frogs. But how easy it is to be mistaken. In mj opinion there is nothing pertaining to fish culture as uncertain as frogs, rt will seem as though you are going to have the very best results, then in a few days your hopes will be shattered as there will be nothing but water in the pond. Ponds that I had previously constructed at Torresdale before I was assigned to Crawford had proved unsatisfactory to me. The results were poor and I concluded they were too shallow. The two ponds I have here have a depth of twenty inches of water. In the early part of April I received 400,000 eggs from Erie station. By the number of tad-poles I had, in my judgment, 95 per cent of the eggs hatched. Mindful of the trouble I had at Torresdale station with the larvae of the dvtiscus or water beetle, I was in a quandary as to what I should' start feeding with. The depth of water as I said being twenty inches I concluded to try fish again. I was able to catch a few large carp. These I dressed, throwing the offal away. I then placed them in the pond weighted down to keep them under water away from the sun. These proved very acceptable to the tad-poles. As time ran on I was not able to get fish enough. As the tad-poles grew their appetites accompanied them. I then tried stale bread, which was not much of a success. I could not see that they fed on it at all. Then I turned to liver which they took as well as fish. During all this period of fifty days, I don't believe I had any loss to speak of, but a change began to take place. This was just before the hind legs began to break through. I first noticed they were not feeding, then a few dead ones began to ai)pear around the edge of the i>ond. I started to investigate. I made a thorough examination of the ])onds and found nothing injurious to them in the shape of snakes or larger frogs. This was the upper pond where the mortalitv was the greatest. I did find water beetles and its larvae however in tlip lower pond. I succeeded in removing them before thev did any damage. Both i)onds were clean and whole- some. Of this on(> fact I am assured foulness had nothing to do with On examining the tad poles carefully, I found they were affected in different wavs. Some would have red blotches on various parts of their bodv. ' Others would be badly bloated, some with one leg broken through. Again I found them with all four legs, a fully developed frog, without any apparent mark on them. I had no idea what the disease was and will truthfully say I did not know what to do for them. I chang(Hl the flow of water on them several times. 1 would increase the water and then close it off with no apparent effect. All this time the loss was enormous. I only succeeded in raising 37,000. In conferring with the other superintendents at the other stations I find, however, this is very good. In going over the conditions as we find them I believe the natural mortality of frogs is very heavy. In traveling over the country in the spring time, we see' every pool alive with tad-poles. But you may go back over the same ground in midsummer when they have had time to develo]> into frogs and we fail to find any great number. For a man to start out to gather 1,000 adult frogs, he has picked 158 REPORT OP THE Off. I>oc. rifM-nf i .^o'l.soe them juinping in here and there along von V •""' •'■"", '"n"^""" *'"'■■'-' «'■'' t''""«""l« of them, bnt when 30U lui,,. ,„,,tnred all .you have seen .yon will find the amonnt very mv iZ'\ •""■'•.'"'«""" "'"''• Ana n.y proof is this, during the time n.j tad i«,l,.s ,„ the ponds were atteeted I n.ade several (rips into the eonntr^- to ..xamine the tad-poles I found in the springs Lnd streams. 1 found them atteeted in the very same manne as mfne oomes 1. *'■'■•:■ *''<'1> ■'>''<1 "I"-" question, and when the time ion wil I enK,^'''T '''■"' ^'"■•'V*-"' ""** l"'"™-i<>"« stage the ques- numb!^.r". '"" "'' '''"' '"' "''*'''■ *" '''i'"' ^h-'"' in large DESCRIPTIONS OF NEW BUILDINGS. «> hav,- a set of buildings at the Crawford hatehery that is i eredit to ihe Commonwealth .nwi. 13 mat is a .n Imltn^l r tI;!'"!""' "'*" ''V"" '"■"*• ^^ "•""*"'"« ■"»*' ><'<'™^ in( uding h.ith. This hou.*:- was built under niv direct sunervision speeincations. Its dimensions are 26x2S, with larce noreh ext»nrt mg ..ntirely a.-ross the front. It also ha's a po, d !at the b, k It lias a sla(e roof and makes a verv niee apiK-aranee. BARN. The barn is arrang,.d to fill a twofold imrj.ose. First th,. miin t. «ag,ms on (I,. „tl,er. The nj.per (lo.u- is us,.d f,.r sK.Hn- hav and straw, rhe low.-r ll.ior of the wing is used as a .•arp,.n e sh n whuh ,s v,.ry es.sential to every station. Th.M-e is , • ,, "is nu.pen.,.r work all the time. This is also used as a aint ro m T • npp..r Hoor ,s giv.-n up e,.tir,.ly to the storage o? tl e fsl • I-' 1 <■ ,.rniiMed us to ere.t one of th. lam-sVs 1 X. batt.'iies I know of in the countrv Th,.ii •>,,.,;,> . '•'!},( sr singn pen... aside from the labor is" prl'.Hcanv' w' fi' g ' liiZ;';" ;"fi.ms :::,;;-,;w;;;kr:,:;;4''Th:fi;;,;';rT":f rr^ - '•>•'""■'';"- l< < n t. , f. This alfoids ph.iity of pressure to raise the witer whi,-Ii ,• .f-,. 1 1 "".'"*'• ^'"' '""t i« siipiiorled bv four double trusses re mforccd by ,ron rod.s. The Hoor is of ,:eni..nt vv II • nn'.,'.. sewer running entirely around outside ne.xt to wall '"" end n"f;;'' '" "'""^}'i "' "* ♦'"' '■''"*<■>■ "f tl... building at (he upper =f,> rL;i:;:;;!;;st;ri;j;;:;;:5."S,,:;:5: ?:-i^^^^^^^ to to bo a CO •■■^ &4 3) •J bo :3 3 CO :3 -9 bo 3 2 u o a O O DEPARTMENT OF FISHERIES. 159 No. 21. "7,... „.,«, h *,.;.,.;.... i*i;;-,«,;:ir.tit, rs of the liiiest batteries in existence. SPRINGS. With your usual fcncsi^l.t iu '«™t'"Vu"2 'tiuu'tho mSal' llltlU.;"^ house and iLn,. WUh ve,.v .itU.>^ >.^,'j- ;^^v.f uL a tt^o hij;li« ay for a h.-adwati i- for the '-y "^'.^^ 'f„„,.i,„.„ water u.aiu sU<' of the hatihery a distance of 1.4..» ted, a loui "■ Tho^d'l.n. is located on a sn.all s,,rinR run and thi«. togotl.or -Hh the s .,t«s develo,>ed, ,ives us a very «ood ^ • ,„ / , ^.:;;^ ^;:\r.^:':a^i't!;.,!n;':;:Hnrtr'i.r ^;:;rh;us ham. '"t ;: 'IJSrX m^." n-ll l;?^;' very su,>ennt.ende„t under your control 0 I-rodu.e as jrr.at an out,.ut of fish as !"•;;«'""■„,. l'^;^ '"""■'' ; a " X i ch I il>.' and is admirahly adapt.^d for trout Zri; U'.l ' nep rtnlen/ X..; not cave to ,o to the expense o T, J, J the wiler ri-hts of Ihis siiriuR and pipmp: it to the hatch »}• ot »'•"''-*-• ^, if i^ Hie policy of th.' Department f^";;is Hhut rtro . , ippncants as ..ally as possihl. and at the i;;:r,s,r'n,:r"":.':^"t::t.;;i,r,;,';2i^ and ejrgs would have to come from outside. I make this sugges r. tt tt bo No. 21. DEPARTMENT OF FISHEIUES. ir)9 hn.i' lKUtri-i'.'S, bill at pn-smi onl.v (M.r is in cpom • hs liiiih, •■ach -'S feet loi.-, 14 iiulu's was to «:ivt' ns i tion. Till* l.allciv IS ci^iil ti-i) wide and VJ iiici^'s cI(M'1». Tlicy an- divided into four secfioiis an d with :'.40 M.M'han lia(i<' '»''^' The capacily ol" lliis bat the oulitui «)f the stati on •k to voiii- rredit as Coin miss ioner of Fisheries. With this n llir aas proyei nr«'d at the time the ori^i 1 invaluable to this statio nal n. It ]Mrnti th-d ns to sele«t onr own si I,' for the hatcher\ It also ih the exjM'ns.' of boriiij; f«»r a w« did away wi dweiliiiji honse and bain, vclop several l^ood sprili •II I o jjirnis With verv little laboi- I was a l.oin- at a -fod altitndi' -iv h water for ble to de- a tine ■s lis fall erintendents. ('ra\N I hav«' ford hatcherv is at preM-ni a statnui for batterv and po.»d cultun woriv rk o nlv I won id naiurallv liu«' to se. ti-ouuh w to the expense « f ;il- tl le wall c il..l,is (d" litis sprint; am 1 piping: it to th" ha I < ■herv modili"d ironi woi k cor.ld bf dojx in a ditlei-ni manner A treui hatching Ionise of any si; e( oronmls aM< hat'-hinu 1 eouhl be built on e (01 ll,.| utilized for tin lh< th Als o care o I fi V and advance. I frv and even tii'Li* I linu n;« to Ma\ 1st. .\s it is the policy lisiribnte its trout to appli.ants as eai to ( liilrst shorllv after the lirst we. be br.mLilH from otlu'r staiio'' the mani'ei « Iv a' of the Department lossibl ' and at the lid k ill Mav. sun. Ins t'«'"^ <'--^ *"'•' l.at.h.'d. haiHlhd aiHl distributed in 1, -scribed and within the tiiu" uiveii Of course i;o lish con 1;I be retained at this stati<»u f(U' bre.-( lin <•• and etiiis won Id have to come from ou tside. I make this su^jic s- INTENTIONAL SECOND EXPOSURE leo REPORT OF THE Off. Doc. tion because 1 know it is jour policy to maintain at the various trout stations as soon as possible stock wliich will yield egL's as far in excess of the capacity of those hatcheries to hatch and handle. CONNEAUT LAKE. Conneaut Lake is the largest inland lake in Pennsylvania, four miles in length with an average of a mile in width and very deep It has an abundance of good clear water. It is the natural home for black bass suntish, yellow perch, lake trout and in fact all species it^^ f ''''' ^^\^''''^'' «^" tlie angler. It also includes the Chat- auqua Lake muscallonge of which I wish to give special mention. This fish IS becoming very plentiful. The number taken in the past dnnL f f^^^'^^f ^'J^.tl^at of any other year. This is due beyond a doubt to the planting of fry by the Department in previous years, feome of the finest specimens I ever saw were caught last vear It was not uncommon to see them from twenty to thirtv-five pounds of donhrf '/'' i;roi)agate this fish in large numbers makes the LakJ ?mn? th "i' ^"^ ^'^' l^n>ai-tment. The lake being one-half a mile iuT\ r^!;. V r.^'^V,*' "' r^'^' ''^^^•^^"t««^N «ot only in furnish- ing a place to ])lant all surplus fish, but it allows us to watch the di'sadv-inn ' "' ''h""'' propagation. We have been under some orAu V r .'" g^^^^»;^'^"« muscallong(^ eggs, depending principally dnc^ H i ' f/^V"^"^ ^« ^T'''^' ^^^^^' It has been your aim to pro duce this fash in some of our own lakes in large enough numbers to warrant the setting of nets for the purpose of taking ou^own In Conneaut Lake I think the result has been reached and I ^ould suggest in the n.^ar future the experiment be tried The pound m.ts I think would be best. The shore conditions o the la le make it almost impossible to use haul seines, still ther,! igh be Zw\ r ''rr'T "^ '^'''' propagation is an importa-^it one not j>nl3 to the Dei^artment but to 1 tie people at large. Manv of the nk.es found in the borders of P(.insylvania furnish anv mnount of room for their nlaintainanc(^ The size, gameness and Idib le uaH ties, also Its readiness to take the hool. make it a very dosi [able EXPERIMENTS WITH SULPHATE OF COPPER. In accordanf^e with tlie orders from you. I made a series of experi- coX'sHnV;?^;''^'^ of copper, to ascertain how much cerf^in^fa' h could stand before dying, so that it might be determined how mm 1 ccmM be safely used, when using th.^poison l^ d^s " 'aS hahtri^s ''^ "' ^ M"nntiti(«s in the ponds in some 'of the Fifly suntish fingerling size w(>re plar(>d in a bucket of water with one hcsiping teaspoon of the sulphate of coi)p(>r. These were^eft fi een minutes They showed no signs of uneasiness at the end of that period and wen^ then returned to the retaining trough in clear water. The next morning .50 per cent, wf le dead of !lu!^r rf ^. '^'V ^ *'''^'^ ^^^^ ^xperin)Pnt again with two teaspoons of the sulphate of copper, leaving them eight minutes The next morning they were all dead but three No. 21. DEPARTMENT OP FISHERIES. 161 Ten fingerling small mouth bass were tried the same way. On the first trial they showed great uneasiness in one minute and forty seconds, and four were dead the next day and the third day I tried them with the double dose left them in one minute and the rest died. Either amount I think would not attect fish in the ponds but I will make further experiments later. MISCELLANEOUS. The large dam that is used to create a water supply for our ponds has proven a source of lots of trouble to me. The amount of water that it has to resist at various times is astor.ishing. Not only the entire overflow of the large lake but the drainage for miles around is brought down, over, and through this dam. Being a stranger to this section of the country at the time of my assignment to this station, I was unaware of this fact. Had I known of these conditions I would have built the dam on dilferent lines. I think though that at last I have it secure. I reinforced the upper side with a doubb* wing and in the centie a false front so that the water in coming down will either pass through the opening or up over tlie top, making it almost impossible to under- mine it. On the lower side I built two protecting wings, thirty feet long, ruiniing at an angle into each bank. This iirevented cut- ting by the under currents. Since this last overhauling it has stood all the heavy storms witliout any apparent injury. Not the least iniiM)rtaiit of our work has been the building of a sluice way leading to our main ponds. ILM-etofore, we depended on an open ditch leading to the yellow perch pon;l, a distance of 285 feet. This was unsatisfactory, filling up with weeds and other things. The sluice way is built of one and a half inch oak plank, and is 18 inches wide and LS inches deep, running straight across ui»ped end of all three large ponds with connections for each. In order to take care of the surplus surface wat<'r, a six inch drain has been laid from uj>per end of ground to the lower end of bass ])ond. where it empties into the sluice way. A high embank- ment has been thrown up along the outlet to prevent water running on adjoining land. This is not as yrt all done but will be finished as soon as possible. The working (Mjuijtmcnt has been greatly added to in the shape of a second horse, heavy team harness and wagon. Acting under your orders, I attendful the meeting of thv American Fishery Society, held at Erie, July 2,'M to 2r)th. It was the most enthusiastic and beneficial meeting I ever attended. These meet- ings are more than im]»oitant as it brings together men of the highest ability connected with tish culture. The discussion of the different questions and ])erj»lexities result always in giving new views and ideas. Your ord<'r compelling all superintendents to at- tend these meetings is wise and there can only be one result of this and that is the increasing of i\w efficicMicy of the Department. A i-^equest came from the city officials of Mcadville for permission to catch fish of different s|)eci s for the public fountain of th(» city. This was referred to your oT'ce and ])erinit was granted by you. The large net belonging to the station was loaned for this ]Mirpose. 11—21—1907 let REPORT OF THE Off. Doc. The fishing was done under the direct supervision of Mayor Reitz and City CMerk Kobinson, and was done strictly as peiniit allowed. The re(juest of Crawford County Fair Association for an exhibit by the Dei)artnient of the different species of flsh at the annual fair could not be granted. There was no money available for this purpose. In my opinion this is a matter that should hav^* some attention. It is very important that the jieople of the State be better informed on this (juestion that they might be shown the advantages of artificial propagation and protection. RECOMMENDATIONS. First that the sum of |(i,()()0 be api)ropriated for the purpose of building and extending pond culture work at this station. That at least three new bass ponds, one catfish pond and two or more fry ponds are necessary. To build and compl^'te driveways, gravel walks to continue^ and extend draining grouinls. I also recommend the building of an ice-house of suitable size. The shipping of fish in their various conditions makes this a verv necessarv building. Also that a sum of money be set jiside for the jMiri)ose of making exhibits of- the different way of })ropaga(ing the ditl'erent species of fish that are indigenous to the waters of our State. No monev can be exjyended more wisely than in this mannei*. The following is a tabulated statement of the different species hatched and the coun- ties they were planted in and the number to each county. All of which is respectfully submitted. Your obedi(»nt servant, W. II. SAFFORD. DISTRIBUTION OF FISH, ETC., FOR YEAR 1907. Fingerling Bass. Beaver countv, Jefferson county Lawrence county, Armstrong county Mercer county, Warren countv, Butler county, Crawford county, Total, Fingerling Sunfish. Allegheny county Beaver county, Mercer county, Lawrence countv Washington county Crawford county, Total, 750 l,r)()0 750 1,500 2.000 750 2,750 22,:550 32,350 11,000 2,000 11,000 2,000 1,000 00.000 93,000 No. 21. DEPARTMENT OF FISHERIES. 163 Armstrong countv. Frogs. 2,400 Clarion county, . . . 1,200 Warren county, . . . 5,500 Forest countv, . . . 1,500 26,400 Crawford countv, . — Total, 37 000 a Crawford countv, . Yellow Catfish Fingerling. 400 Crawford countv, . Water Plants. 300 Bass, small moutli. Summary. 32,350 02 000 Sunfish. finirerliniis. Frogs 37 000 Catfish 400 Water Plants, 300 — Total 1(;3.050 W. H. SAFFORD, Superintendent. 164 REPORT OF THE Off. Doc. SPRUCE CREEK HATCHERY, STATION NO. 8. Report of Wni. F. Haas, Supt. Spruce Creek, Pa., December G, 1007. Hon. W. E. Meehan, Commissioner of Fisheries, Harrisburj^, Pa.: Sir: Please find report of work done at the Spruce Creek Hatch- ery, from December 1, 1900, to December 1, 1907. On the first of December, 1906, there were six permanent and three temporary trout ponds, one pond containing about 250 ma- ture wild trout and the others with yearling brook trout and lake trout. There was also one bass pond, one cattish pond and two bass fry ponds riot quite finished. The bass pond contained 55 mature small mouth bass and the catfish pond a number of white and yellow catfish and sunfish. There was also a temporary hatch- ing house, little more than a covered shed, containing 10 double troughs. On the last day of November, 1907, there were 10 jiermanent trout ponds and three temporary trout ponds. One of the bass frv ponds was completed and a lake trout pond 30 feet wide and 39 feet long was nearly completed. The permanent trout ponds are 18 bv 30 feet each, having a depth of three feet of water. During* the summer a permanent hatching house was built. It is 100 feet long, 40 feet wide, 8 feet to the eaves with a gambel roof supported by single railroad trusses. It contains 00 double troughs or 120 single troughs. They are arrang(ul the same as the hatching house at Union City, that is to say in three Hers so that the same water is used thr(>e times before it fiows from the house. Ry this svstem only one-third of the water is used compared with the old method of hatching house construction. The fioor is concreted. The house is set 200 feet below the spring and the water is carried through a ten inch terra cotra pii»e to the north end of the west side of the building. The foundation wall.^ of the house are of terra cotta blocks glazed, sixteen inches lon^»;, (M*ght inches wide and eight inches thick. The full height of these walls are about four and a half feet. The re- mainder of the buihling is frame. There are thirty two windows and a door at each end. There are two ventilators in the roof to carry off the vapor rising from the water in winter and keep the house dry. A ditch runs the length of the east sid(^ of the house and to carry off the waste water from th(> troughs. The supply trough is on the west side and is sixteen inches deep and fourteen inches wide. This trough is much larger than is needed to carry water for the troughs, but was made this size so that the sui'plus water in the winter and all the water from the ten inch pipe in the summer could be carried from the house at the south end into a series c' No. 21. DEPARTMENT OF FISHERIES. 165 trout ponds to be built in the future. The cost of the house, ii* eluding the troughs was about |2,000, probably the cheapest hatcn ing house ever built In any of the State hatcheries when the price of lumber is considered. It was built entirely by the force on the hatchery. The Commissioner and myself ordered all the materia? and the Department's carpenter and the men on the hatchery put the building up. The most expensive part of the house was the troughs. These had to be of the very finest cypress, which cost |90 a thousand. It re- quired about 3,500 feet. Each double trough is 12 feet long, eight inches deep and forty inches wide, making each single trough 18^ inches inside measurement. They hold five hatching trays, each with a capacity of 20,000 brook trout eggs without crowding, thus giving a capacity of at least 4,000,000 fish, and with the character of the water I find that 5,000,000 could be safely carried with close attention given them. Early in March, the melting snows and a heavy rain storm caused a rise in Spruce Creek and the upper part of the grounds was flooded and the water came within a foot of flowing into the ponds. The troughs in the temporary hatching house floated and there was about two feet of water in the house. I am glad to say, however, that the flood was chiefly caused, not by a general overflow of the banks, but by two or three depressions, and had they not been there there would have been scarcely any water in the lot. There- fore it would be a very easy matter to prevent floods in future, when we have time to run a low dyke along the banks of the creek. When I took charge of the hatchery there was no dwelling house on the grounds nor a barn and I was forced to live in the village and rent a space in a neighbor's barn for the horse and wagon. In April the Commissioner purchased two houses and a barn and about an acre of ground at the ui)per end of the hatchery, so that before the first of May I was enabled to move into on<* of the dwelling houses and thus be able to exercise better control over the hatcherv. The oiher house was occujued by one of the men. I am sorry to say that this man subse(]uently exercised a bad influence over the other men on the i>lace culminating in the summer in their all stopping work but one man. I notified the office and within twenty-four hours replaced Ihem with other and better men. I likewise refused to take any of the men back, with one exception, a young man whom I l)elieve was mislead rather than being a ring leader, and I am glad to ^•ay thai since I took him back, he is doing very well, although I only took him back as a laborer. As stated in my last annual report, one of the first pieces of work I undertook was the building u]) of the si)ring. This I raised to a height of 32 inches, and T had a flow of wat(M' which I estimated to be about l,t)00 gallons n minute. The water held up well. Some time in Deceml.er, one moining T found that the volume of water in the spring had quite doubled, but to my surprise was not the least bit muddy, showing that it was not surface water. It held this way for about two weeks when there was again a sudden in- crease by ]>r(4ty nearly another thousand gallons a minute, so that thi^re was flowing fit)m the s]>ring very nearly 3.000 gallons of water a minute. I was therefore forced to open one side of the spring m REPORT OF THE Off. tVod. and dig a ditch to the creek and allow about two-thirds of the water to How away. Before I could get this completed, however, the volume of v»ater iiowing through the ponds was so great that 1 lost more than half the tingerling trout. A week or two after, that is to say about the middle of elune, the water in the spring became a little cloudy, showing apparently surface water. This cleared away in a few hours, but it was followed by a minute slimy sub- stance that looked very much like grease and it had a greasy feeling. I reported the matter to the office at once and you sent Huj>eriu- tendent William Jiuller and Nathan K. Buller to examine it, but they had never si'en anything like it and could not tell what it was. I sent you samples and you reported that it was a subterranean algae. This material kept tiowing through the spring for very nearly two months. It got into the gills of the advanced fry and killed all but }<0,OUU. This algae disappeared as suddenly as it came. One day there was quite a lot of it in the spring and the next day there was no trace of it and there has never been any since. Lati'r in the spring the volume of water decreased until it fell to about 1,500 gallons a minute at which point it has held steadily ever since. My opinion is that by building the spring up, we backed the water into the hill and thus opened up another sjiring. Be- cause of the increase in the volume, I felt that the size of the spring had better be increased and also raised a little more. 1 therefore made it nearly a third larger in area and built the sides of the spring sixteen inches higher, so that if an increased volume of water would come there would be loom for it. I also made the overflow outlet iKMinanent, and this fall I start<'d the lake front pond which I mentioned, to the west of the s]>ring, so that the waste water could flow through and be utilized. Instead of flowing all of the water out of the west end, by your direction, I will this winter begin the construction of a series of trout jmnds to the south of the lake trout pond and j^arallel with the jkukIs already built. I find the water there good for hatching fish, although a little too speedy, as the period of hatching for trout is between 35 and 40 days, but notwithstanding this, they appean'd to be fine, healthy fish and not weak, as generally come fnun such <*arly hatching. I had a few eggs from my own fish and about 400,000 from Blooming Crrove, but the eggs were not very good and most of them died. They were taken too late. About 500,000 eggs were shipped fi-om the Wayne hatchery. These were eyed eggs anearl mussel of the cold water trout streams of the north and is chiefiy valuable for the pearls which it contains. About the eighth or tenth of November, 1 received a second box containing a number of live mussels from Yellow Kiver, Marshall county, Indiana. This is the famous fresh water pearl shell mussel of the Mississippi valley which is used for making pearl buttons and also occasionally contain pearls. It is supposed to thrive in w^ater like that of the Juniata and Susquehanna rivers. I planted them in two of our ponds in the deep water where the bottom was muddy and both sp-ecies ought to survive our winter. I also received two large specimens of red legged terrapin which I put in the frog i)ond. With these came instructions from you that next spring I was to begin the propagation of these turtles. The bass in the pond survived the winter well. I did not lose a single fish. Early in the spring I received an additional 48 from Erie and shortly after they began cleaning the nests in the upi)er end of the i>ond, but they had hardly done so when green algae began to form rapidly and drove them away. The fish seemed deter- mined to spaw n, however, and to my surj)ri.se made nests for them- selves on the mud in the lower end of the pond and successfully hatched out over 20,000 fish. I only had one pond for fry and this number greatly overcrowded it and although the entire bottom was covered with clijua moss and the chara moss was literally alive with daphne, the little bass began to eat 'each other and by the time orders for shipi)ing came there were only 2,200 left. These were fine large healthy fish. I am satisfied that in order to insure success there must be several fry ponds with only a few fish in each or the bass must be shii)[>ed when they are about thirty days oU\. The bass began to si)awn on the 28th of May, and one or two were still on the nests the last of June. The sunfish began nesting about the middle of June, and although I had only a few mature lish, several thousand voung fish were halched. I lost (piite a number through musk rats cutting holes through the bank, but I succeeded in shipping 4.000, filling my apjdications. I was unable to fill all my applications for bass and had to hold over about 35 for next y<'ar. The first trout eggs were taken this year on October 24th, but what fish I had came very slow. Most of my wild trout ])roved worthless and all my two year olds, nearly 75 j)er cent, were males, conse(iuently, on (he first of December I only had about 120,000 eggs. Two days before the first eggs were taken I was seized with a severe attack of billions fever from whiraise for the manner in which he did his work. lie made friends at once with all the men and all gave him cheerful obedienc<>. Mr. Griffith showed himself to be thoroughly capable, both as a fish culturist and to be in charge of men. On mv rcM'Overv in the middle of November he rt'tnined to Bellefonte. Among the many things which were done on the hatchery during the year was the building of a road from th(^ upjier end of the grounds on the easi side through the woods to the new hatching 16S REPORT OF THE Off. Doc. house. This, however, is not completed, work being done only in leisure moments. The grounds surrounding the permanent ponds was graded to the woods and down almost to the hatching house. An addition was made to the barn 10 by 20 feet by our own men. The dwelling house was newly paijered from top to bottom and painted. Also done without employing outside labor. The new hatching house was painted and a sign put up bearing the words, "Pennsylvania Department of Fisheries, Station No. 8." During the summer I received about 15,000 No. 2 flngerling brook trout from the Wayne hatchery and these fish carried through the summer very well, and on the first of December they completely tilled three of the ponds. fin my report of last year I drew a;ttention to the finding of a spring on the right bank of Spruce Creek just below the wagon bridge, which-fiows about a four inch pipe of water. In the spring of 1907, I found another about 100 feet below which is very nearly, if not as large. I have watched (his as well as the first* spring all through the summer and I find no variation in the fiow. I still feel confident that these springs have a very rapid fall and if I am right they can both be built up to a height which will enable the water to be piped to the grounds and utilized for another series of trout ponds. There is another huge spring about 1,:J00 feet above the hatchery grounds and about 1,100 feet above the upper end of the State property. This s]>ring is nearly as large as the main spring on the grounds and I believe the water can be easily obtained and carried down to the liatchery at a very small expense in a 10 inch pipe so that by the three springs we can have 50 or (>0 fine trout ponds located from the hatching house to the creek, and I would recommend that these springs be utilized as soon as i)ossible. Building jionds on the Spruce Creek hatchery is a simple and inexpensive matter when compared with the other hatcheries. Th(? ground is of a sandy loam free from stones to a depth of about three feet. An ordinary trout pond can easilv be completed in a week including the lumber, sides and gravel. *One of the difficult things to obtain hereabouts is gravel. I have used up nearly all the available gravel which could be found on the riv<>r bank and I am afraid we will be driven to use crushed stone. This I dislike to use, however, because of their sharp <'dges, but I see no help for it unless we find a bed of natural gravel somewhere here in the neighborhood. We are \vv\ much bothered with musk rals— tlie j.laie seems to be alive with thc^n and it recpiires constant watchfulness to keep them from boring through Ihc banks of (lio bass i>onds The meadow land composing the hatchery grounds is quite a resort for copper head snakes. Last summer we killed four in one week two of which were killed within half hour of each other. In all mo're than a dozen were killed during the yeai-. The following is the approximate stock in the ponds on Deccmlx^r first: Black bass Mature sunfish, ...'...• Sunfish, long ear, fingerlings. 'M) 200 No. 21. DEPARTMENT OF FISHERIES. Catfish, Brook trout, three year olds and over (worthless), . . Brook trout, two year olds, Brook trout, yearlings, Lake trout, two year olds, Lake trout, yearlings, Brown trout, two vear olds, Total, 169 30 75 4,000 5,000 300 3,000 100 12,810 The report of the output of fish for the year is herewith appended. Respectfullv submitted, \VM. F. HAAS, Superintendent. OUTPUT OF FISH, ETC., FROM DECEMBER 1, 1906, TO NOVEMBER 30, 1907. Brook Trout. Bedford county, Blair countv, Huntingdon county, Total, Sun Fish. Bedford countv, Cambria county, Centre county Indiana county, Total, Black Bass, Small ^louth. Bedford county, Blair county, Dauphin courity Fulton countv, Total, « Summary of Distribution. Brook trout Sunfish Black l?nss. Small Mouth Total, 12 41,000 7,000 32,000 80,000 1,200 r>oo 400 1,800 4,00t) 1,100 400 500 200 2,200 S0,000 4,000 2,200 8fi,200 170 REPORT OF THE Off. l>od. PRIVATE AUXILIARY NO. 1 Report of Rroiiihn- Wliarton. IMiiladolphia, January 15, 1908. Hon. William E. Mccliau, roiniuissioiicr of Fishorics, IIarrisbnr<', Pa.: Dear Sir: I boj? to submit herewith uiy re]K)rt of Auxiliary hatchery No. 1 for 1U07. As you know these are private ponds located on my place in Rucks county near Bristol. Pond No. 1 was stocked in the summer of 19(l(> with Lake Erie suntish and yellow i)erch. Young suntish began to appear in August, iyO(i, and are now about two inches long. In the summer of 11)07 suntish again sjuiwned and there are now about one thousand young sunfish in the pond. Yellow perch did not do so well, but I will have a few a couple of inches long in the spring. I distributed some of the sunfish along the Neshaminy Creek. Th(* remainder will be jdanted in the sjiring. Pond No. '2 contains black bass which were placed there in the fall of liM)."). These bass bred very rapidly and in the vunimcr of loot; I had several thousand young bass in the ])ond. In the fall of 1000 a big mouth bass from Torrei^dale hatchery was placed in pond No. 2. I could not see that the bass i)ropaga(ed Inst spring and my theory is that the big mouth bass ate all the litt«-» fish up. This is only a theory, however, and there may be other reasons why these fish did not jiropjigate. As you know, we had a very late spring, j>ractically no spring at all, going from winter into summer. However, I took the big mouth bass out last fall. I think the hatch- ing of the fish in these ponds is a decided success and I hope to be able to turn several thousand fish into the Nesliaminy this coming season. I am, sir, witli respect, Very truly vours, BROMLEY WIIAHTON. No. 21. DEPARTMENT OF FISHERIES. 171 REPORT OP THE CHIEF WARDEN. To the Board of Fishery Commission: Gentlemen: I have the honor to respectfully submit my second annual report, which embraces the fish protective work of the Department of Fisheries from December 1, IDOG, to November 30 1907. It has been my endeavor to bring the warden service to the highest state of efficiency and the figures will sliow, at least, a very great improvement in the regular warden service. A large territory of my own and individual ett'orts to assist the regular and special wardens and get them in good woiking trim intt-rferred somewhat with my office work so that several features, which I hojie to have in operation in the office, were interfered with and necessarily jjost- I>oned for a more favorable op]>()rt unity. The following tables will show the legal work of the Department in detail: TABLE NO. 1. Statement of Legal Proceedings. The following is a tabulated stattMuent of the legal proceedings taken during the yeai-: Total numlx'r of arrests from Dec. 1, 1000, to Dec. 1, 1007, 5.30 Total number of convictions from Dec. 1, IJJtKI. to Dec. 1, 1 J><>^ 477 Total number of ac(iuitnls from Dec. 1, 1000, to Dec. 1. 1J>07 r,0 Total number of committed to jail from Dec. 1. 1000, to Dec. 1, 1007 '. oo Total number of fines imposed from Dec. 1, 100(1, (o Dec. 1- 1^<^" fl4,S0.- Total number of fines served in prison from Dec. 1. 1000. to Dec. 1. 1007 * 12.000 Total number of appealed cases unsettled from D<'c 1 loot;, to Dec. 1. 1!M)7 .' |:{.8.-,0 Total number of fines j)aid from Dec. 1, l!)On. to Dec. 1, 1^^>"» ] |S,205 172 REPORT OP THE TABLE NO. 2. Off. Doc. Work of each Warden and Oflicer. The following tables exhibit the work of each warden in detail: REGULAR WARDENS. o Wardens. go a o B) ■4-1 4-) u to 91 >• U, a h o *i! O 3 •o n O a E a 1 J. 2 C. 3 W. 4 c. 5 J. 6 G. 7 J. S M. 8 M. W. Crlswell, ... H. Nesley E. Shoemaker, U. Holland, ... E. Conklin, ... D. Shannon, .. P. Albert P. Albert, .... P. Maltland, .. Totals, 102 50 ' 71 22 13 37 i 27 j 30 46 I 398 S6 46 65 17 13 33 27 '< 26 39 16 4 6 5 1 $1,895 1,155 1,630 390 775 735 695 1.150 890 352 I 46 ; 12 I $9,315 SPECIAL WARDENS. Report of -a § 3 C V "3 0) c < O < E Altman, J. D 1 Allison, Thomas 7 Alderman, J. B., 1 Brown, Hiram 1 Broune. F. A 3 Craig, H. L. 3 Crittenden, T. C 8 Davis, Jonkin 2 Fehr, Gro. W 14 Heffner, Carmy, 1 Heckley, F. E 1 Hover, Jos : g Keller, Jacob H ] Kibe, Robert 3 McCauley, J. B 4 Marcey , Raymond 29 McGarv-ey. P. F. , 3 Nichols, Purley 2 Riley, George 2 Schoendorf er, P 1 Sciechitano, A 2 Sherwood, J. 1»., 1 Tucker. R. S 1 Wescott. M. J., 1 "VVhIteman, F. B 1 Williams, .T. I.... < f4 Wood. N. M 1 Totals 112 1 !. 11: 2 I 8 ,. 2 I. 14 . 1 . 8 1 3 4 29 2 1 2 1 1 1 1 !( 1 3 I. 2 !. 165 20 300 2.';o 1,230 (0 V a $1,430 585 915 2»a 235 410 620 825 870 $6,180 1 A in V c $30 1 $30 €5 1 65 25 !... 25 25 75 1 75 200 200 200 : 100 90 80 175 165 25 i 25 140 20 300 50 365 1.) 100 75 50 50 25 25 10 10 20 20 20 20 170 10 10 10 $3,3.T1 $1,860 i No. 21. DEPARTMENT OF FISHERIES. STATE POLICE, POLICE AND CONSTABLES. Report of n C m o "3 5 o OB > c a Ut o o < ^ < TABLE NO. 3. Cases Appealed. ^ Cases appealed to Conntv Courts Cases disposed of in County Courts Cases sustained in County Courts Cases dismissed in County Courts Cases appealed to Superior Court Case disposed of by Superior Court Cases sustained by Superior Court Cases dismissed by Superior Court, TABLE NO. 4. Different Charji^es. Dynauiitinjj: fish Catching short trout Catchinj]: short bass, Catching? jjame fish out of season Seining ^ame fish Catehinj:: bass in fish basket Fishinc: fyke nets in trout streams Oifr.irinn: or spearinjr in trout streams CiifTjrinjr or spearinj? bass Planting pickerel in trout streams Selling trout Catchinjjf sunfish out of season Dipnets Fyke nets, Cast nets Bank nets, Stir nets Gill nets Landiup: nets Seine nets, 178 ■o 4) (0 O • a. "d E 5! o, m OB J ■ (V « ■^ c a ed s S State Police 1 17 3 . 1 1 j li 2 1 17 "i' 1 1 1 2 ....'. 2 $1,705 $110 Bretzler, W. E., Richardson, Geo Starkey, Harry G .'. 1 285 .. 25 40 ' 30 50 ^ 40 30 50 Stanley, Wm Stanley, J Stephens, A. B ■■_"■ 1 Totals 26 23 1 3 3 $2,135 $255 63 13 12 1 9 8 8 30 24 15 12 20 3 p' .) 11 1 3 3 8 17 11 o 4 3 3 41 174 REPORT OF THE Off. Doc. Gigs or spears, 22 Fishing with the hands, 17 Fishing with hiyoiit lines, -39 Hhooting fish, 3 Stunning tish, 2 Snaring tish, 6 Fishing with tipups 19 Sunday fishing 32 Fishing_-by drawinj^ otT the waters 8 Obstructing the migration of tish 4 illegal fish baskets, Hm Ulegal devices not specified 35 Polluting waters, 4 Taking frogs out of season 2 Interfering with an officer, 2 A comparison of the tables of legal procet^dings since th(» creation of the Department shows a very interesting state of affairs. Appar- ently much better conditions prevail than in the past. According to the report of 1IH)4, thi* nunilwr of arrests for illegal fishing was 788, or 247 more than during the year just wardens, regular and s])ecial. The number of distinct offenses was 35. The number of arrests in 11)0.") was ')'M) or about the same as the ju'esent year, but tin* number of wardens had in- creased to 131. In 11)00 the number of arrests was 41)5 or 41 less than in 1907, with about the sauK' number of special and regular wardens. Hy examining Table No. 4, it will be seen that by far the greatest number of arrests were made for one ott'ens(\ namely, illegal fish bjiskets, oiKM'ated under a new law, hence the comparative^ tables indicate a much better condition of affairs from a fish protective standjjoint. An examir)ation of Table No. 4 also will show the num- ber of arrests of persons for violating laws relating to the capture* of game fish has greatly fallen off, indicating that anglers are show- ing a (piick and just appreciation of the laws and propriety of their being observed. It is chieHy the pot hunter element and the foreign- ers that are giving the greatest trouble, togethiM- with a section (»f the class that desii-e to catch fish by means of fish baskets and gigs. One interesting feature of the fisli pi'otective work is tlu' marked decrease in the number of arrests made by special ward( ns. Last year these men made 235 arrests. In 11)05, 374. In 1004 they nmd(* nearly all the arrests. This vear the si)ecial wardens onlv made 112 arrests, against 308 for the K*gular wardens, thus reversing posi- tions. The number of s])ecial wardens making arrc^sts also decreased. These figures, however, do not indicate ]mor or indifferent work on the part of the sj>ecial wardens. Tlie reduction in the number of arrests by s]>ecial wardens is undoubtedly due to the reorganiza- tion of the regular warden service last June, by which each regular warden was given a district and the activity of each regular warden in his district would naturally lessen the work of \]w syH'cial wardens. Apart from that, while out of the 143 sjx^cials, only 27 No. 21. DEPARTMENT OF FISHERIES. 176 made arrests, a large percentage of the remainder exercised a strong moral infiuence in the community in which thev live and by their presc'nce and their activity prevcMited numerous violations, and as prevention is far more to be desired, much credit must be due to these men. Some of the specials who made arrests were just as active as the regulars. Among them mav be noted Txeorge W tehr who has a record of 14 arrests and i4 convictions, and Rav- mond Marcy, with 29 arrests and 29 convictions. Special Wardens Allison, Crittenden, Plover and Williams also showed great activitv these men in the aggregate^ making 38 arrests withou^ any cases being lost. -^ It would be natural to suppose that among so manv men, most of whom are naturally ]>ersonally unknown to either the Commis- sioner or myself, and whose appointments were made entirelv upon recommendation, that then^ would be a number who would turn out to be improper persons for the work and who would go wrong. The position of a fish warden, whether si)ecial or regular Ts one m which through the very nature of the work offers manv tempta- tions to do wrong, but I am glad to be abh^ to report that' the num- ber of serious complaints were exceedinglv small and onlv three were found to be well founded. Two of these were of a criminal character. One was that of George E. Rilev, a special fish warden who was appointed on petition of a number of reputable citizens of the county in which he lived. Rilev was also a special jrame protector He showed activity as soon as he was appointed and apparently was conservative in his actions. He reported two arrests with two convictions and fines aggregating onlv |75, but shortly after his appoinment various complaints were made against Inni. not only to this Department, but to the State Police. An investigation was at once begun bv both this Department and the State Police, and two months later Rilev was arrested charged with having in his possession, the same being dead 130 undersized trout. Also for selling the same. He was tried and con- victed before an alderman and sent<'nced to a fine of .1?1 .300 Tn lieu of payment he was sentenced to an imi.risonment of 1.300 davs in the county jail. He took an appeal to the Countv Court where the decision of the alderman was sustained and the appeal dismissed FTe was then committed to jail. A number of his friends and other persons who were not familiar with all th(^ circumstances of the case, applied to the Board of 1 ardons for clemency, urging that tlu^ penaltv imposed was exces- sive in comparison to the offense committed. Although hi^^her courts in other states have declared that cumulative fines in ''fish and game are not excessive providcnl thev do not exceed the total fixed for each speciim^n of fish or game unlawfullv killed, the De- partment of Fisheries, which (Mitered a protest against leniency, did not advance this iiroposition, but protest<'d that the punishment was not excessive, because the real offense of the man was that he being a sworn officer of the law, violated both his oath of oflfice and broke the laws which he was pledged to maintain, and that his offense therefore was mm h graver than though it had been com- mitted by an ordinarv citizen. 176 REPORT OF THE Off. Doc. The State Police and also the Game Commissiou entered strong protests against clemency and the Board of Pardons thereupon re- fused to recommend a pardon. The second case was that of Philip Miller, a special warden, who tvas captured by a regular warden tishing illegally with fyke nets in company with two or three persons. He was caught in the act and fined $50 by the Justice of the Peace, which tine was paid and the man promptly dismissed by the Commissioner. The third case was not a criminal charge, but simply of improper conduct, due possibly, partly to ignorance. He had entered verbal interference and obstruction while in the discharge of his duty, and on several occasions, it was charged, gave actual encouragement to people to violate the flsh laws. An organization that had recom- mended his appointment investigated the mailer along with the Department, the result of which was the man was dismissed. There were a number of complaints made of undue and pernicious activity among the wardens of seeking to make arrests and secure convictions for the sole purpose of getting half the fines. A cai-eful examination into the most of these cases showed the charges to be practically without foundation. The very table of arrests in them- selves is a refutation of the arrests for 1907 of anv such claim. It will be noticed that the average charge carried with it a tine of only about |25. In nearly every instance where the fines reached 1100, it was for the most atrocious method of killing fish, dynamit- ing. No written charges of any kind were brought against the regular wardens during the year. On the contrary most of them have re- ceived continuous and high praise by the newspapers and the sports- men in the districts in which they are located. From December to June 1st, the regular warden service was con- ducted as it had been in previous years and there were but five men on the rolls, namely, George D. Shannon, W. E. Shoemaker, J. E. Conklin, C. H. Nesley, M. F. Albert and myself, and most of these were without regular salary owing to the appropriation which was very small having been exhausted. At the June meeting of the Board of Fishery Commission, |20,000 having been appropriated for warden service, a re-organization of the service was made. The state was divided into nine districts and one warden assigned to each with an allowance for expenses. C, R. Holland, J. P. Albert and M. P. Maitland wore promoted from the special list to be regular wardens on account of their good ser- vice, making the total number nine. As there are 67 counties in the state, each w.irden, including mywdf, had from seven to eight counties to patrol. Such a t(M'i'itory is entirely too large to be thoroughly covered in the period it ought to be. In fact it is extremely difficult and sometimes imjiossible for a warden to cover his entire district with- in three month^. Xotwithstanding the difficulty of thoroughly patroling such a large district, every warden, since the new regula- tions have gone into eft'ect, have made at least one arrest in each county embraced in his district, which naturally nn'ans that there has been one arrest at least in ever^' county in Pennsylvania, in the last six months. No. 21. DEPARTMENT OF FISHERIES. 177 tii n^f '''''I'''' ^^"""^'^ ^"""^^ '"^'^^ ^^^^^ three counties to cover and the chief warden ought not to have more than the Capitol countv to care for. This means that the regular warden service should be jncTea^d to at least 22 m.n. The lal at present limits the numbe he ;„fhoHt?r'''*^^' "'^'^ "^'^ *^"^ ^^^^*^ to ask the Legislature for the authority to increase and pay that many wardens. 71 Hon 'Vb!' *"'7^'k '''''''' ""'' *^^ '''^"^^^" ^^^'^"^^ I^^i^^ to the re-organi- zation three of whom were removed to other districts, continued Lria'd'alw^'vs'r'"" "i^^' ""' "^""^ faithfulness and enthursm thcj had always done. I consequently gave my closest attention rnd ' M7l?nrTr\'' ^- t^^^-^' ^'' ^ ^^^^^iLd and C R Hoi land Mr. Holland had once been on the force but resigned The work o Warden J. P. Albert has given me much ptasure His arrests only number 27, but according to all the reports whXh come in to the Department, they were mfde in such a Tanno^ ^h^^^^ to irrahrst hhn' 'in '^ ""''/r'^ '^ ^^^^"^'^^-^^ lufdrthini distHct^ i\ , '^'' ^''^ '^""'^'^''^^ ^ ^'trong moral influence in his a stnn /n .. ;. I^^:»f "'^f on and argument he has succeeded in putting a stop to a considerable amount of water pollution Warden Holland has an extremely difficult territory. It is full of la^^lessness, more especially on the part of the foreign element He has been shot at twice during the year and threatened with body harm many times. In fact none of the men have been lub nm';'^ '^'"^^' ^"^ '^'^^^'^^'^ "^^'-^^ ^-' ^- plain iK^lit Warden Conklin, while on the rolls as a regular some time before he re-organ,zation, really only began ivgular duty on the re-organ r /ation. He was assigned to a new and a difticult district in which for himself" '" ""' ^''"'' ''''''' ""''' '^^^ '''' ^'^''^ - fine'r^corS Wardens M. F^ Albert and Shannon have likewise performed ex- h use f 'throir;. T-' '^''"' 'V''' ''""'''''''''^ particularly commended himself til ough h s wise and conservative method of the enforce- men of the new fish basket law. He visited every basket in h. tern ory and on account of the la^v being new, with my api rov- 1 and that of the CommissioncM-, i:e wrote tt each licensee^iav ' a, Illegally bu.lt bask<.t and notifi-ed them to make it lawful, ot^lenvise he would be compc^lh^d to make arrests and he onlv |Xc^ M against those who failed to comply with his directions ^''^'^^^^^^ ^\ arden Nesley, who has made for himsulf a conspicuous record nas detached by the Commissioner from the warden service hist May and June and during the month of November, in oicLr to help in gathering wild fish c.ggs in field work. Hence his record of arrests IS less than it unouestionably otherwise won dhav been harden Shoemaker has maintained his high reputation for effi-* eiency in Ins district, and people there are rapidlv Earning hat he IS p(.forniing Ins disag.veable duties, not onlv conscicM.tious lb t with a full conception of his duty to the sta'te and his oath Each and -every warden has shown himself entirelv fearless in the performanc(^ of his duti(>s and this is high praise for a warden'^ duties are often exceedingly dangerous. Probably a niajo'S of 12—21^1907 178 REPORT OP THE Off. Doc. Hie icjrular force have been shot at at k^ast oikh* dining the year, but I'oue were injured. Warden Nesle.y was attacked by a number of ftsh j)ii'ates near Duneannon one night and severely injured. 'So severely ihat he was forced to go to a hosjjital in Ilarrisburg to have liis wcjunds dressed. II <)c«asion:ilJy liapjiened in former years that a warden, special or regular, would ])ress for the imposition of tlie full amount of the lines for the ofi'ense commilted. On one instance cumulative fines of 1^10 ])er fish amounted to over C'> l^>; <>n another it was |!l,50(l. Then^ were several of f:5()0 and f400 each. The Commis- sioner felt, and I heartily agreed with him. that while the imposition of cumulative fines was legal, and while higlier courts in other states declar.-i sucii fines not to be excessive such action was unwise. People who did not know the full circumstances of the case and people who desire to disparage the woik. of th(^ Department were apt to us:* such instances to the disadvantage of the Department and fish pToteciion. The warden making the arrest was accused of doing so (nlii-ely for the money which he might receive as his share, and it was cah'ulated furthermore to bring about oi)i)osition to the fish jaws. In one instance also a young man was sent to jail for tv.o years and it develojied that he was not the principal <>ffe!ulei'. The real otfenders who made the young man their sca|)e- goat e>.(JiM',l In this case (he Departnu'ut joined in an ajipeal for pardon. Believing that very heavy fines were unwise, bv direction of the Commissioner, all the wardens were advised to use discretion ai'd be conseivative and only in very aggravated cas;'s to ])r('ss for the whole penally which might be imposed. Foi* exanijile, if a man were fonml with twenty-five or more undersized trout, not to nnike specific charges for more than ten. so that the fine would not ex- ceed |1(M) and even where two or three offenses had bei n committed the i>ena!ty for which varied between |10 to f'25 only to press the charge for (lie of the offenses. The excejitions were where the wardi n was insulted and abused by the use of vile or abusive largus.ge, or where the man was a jKMsistent law-breaker, or where the man had been ari-ested befoi-e for similar charges. I am glad to say that rhe orders in this respect have been followed. ^^'hile treating on th<' (jnestion of re-organization I omitted to mention the fact that your body fiamed a. number of rules and regulations which are appended as i)art of this re]>ort. With the small force it has been difficult to comply strictly with every j)ro- yision, but as this was recognized by the IJoard wlun the rules were franu'd the failure in eaeration of the rules and regulations I deem them to be wise and th(\v a])pear to be working well. I cannot suggest any changes at the })i'esent time. The regular session of the Legislature was held last winter and among the flood of bills ndating to fish three becamr* laws. One was cnlilled an ariiendment to section 2 of the act of May 20, 1001. but was in reality an enlargcMiient. The bill as originally drafted had a commendjible imrjiose, viz: legalizing ti{)-nps and defining the number which might be used for the catching of i)ickerel and No. 21. DEPARTMENT OF FISHERIES. 179 dl\\v "itnt"'" ■'"",""'" "^ *''^'*' "'''• ^^'''"■•' '"'g''t he caught bv rod tlailj. Jfut aiucndtuc.urs wire made to this bfll and adott.-d whioh m".^'.;; ,; r "■; "■•i','^^!'-'";-"-- <'-:".i"g a.no„g other thi;;grwith"S o^-s ,H ; ,v;-,.l' L'''';*""""""' *•"' ^"''^ °f the. I>epart>n,.„t for ,,; tH. ' 1 , ^*'''^" ''■'■'""'>' I'aniPM^d since it provided 101 juo tiials exelusively for viohitiou of the flsli laws ma];in• ■••" amendment 180 REPORT OF THE Off. Doc. by me and the other bv a special warden. In both cases the arrests were made before orticial notice of the signing by the Governor had been given out, and moreover it hapiK'ns that in both cases the parties were arrested for viohition not of section 2 but of section 31, the catching of coarse fish with an unlimited number of lines. Both parties were convicted and fined. The one commendable feature to my mind of the act was the orig- inal purpose of the introducer to provide means for fishing for pickerel and yellow i>erch through the ice. The one weakness was that it provided for a maximum number ul pounds instead of the maximum number of fish which might lawfully be caught daily. Under this provision it was almost an impossibility at times for an angler not to break the law, and this fact has forced me, with the approval of the Commissioner, to advise wardens to allow a trifimg le.e-way in weight where it was evident that the last fish caught brought the aggregate weight beyond twenty pounds. A second act passed was one permitting the use of gigs under certain conditions for the capture of carp, suckers, mullets and eels, and it was passed in the face of strong protests and with refusals to adopt amendments which would at least minimize the destructive character of this method of fishing. From the first the Department has believed the act as drawn and passed to be unconstitutional. Its operation has more than justified the Dei)artment in the opposition which it made to its passage through the Legislature. The ill-effects were so manifest in many places that several members of the Legislature, I am informed, have frequently admitted to the Commissioner that they made a mistake in voting for the measure. Immediately upon the signing of the bill blacksmiths in very many sections were overwhelmed with ordej-s for the construction of gigs. One man engaged in this business informs me that in the latter part of June he had more orders on hand for gigs than he could fill in nearlv two months. By the provisions of the act gigging was restricted to public waters only, but hundreds upon hundreds of men utter! v disregarded this and fished in whatever waters they pleased and took whatever fish could be found. The number of public waters strictlv construing the interpretation of the courts in the past in this subject numbered less than 300 in the State and of these 300 the great majority are trout streams, and under the act was unlawful in such waters to gig whether public or not. Com- plaints began to come in almost immediately from nearly all sec- tions of the State, outside of the north west, that people were gigging for game fish and keei)ing them and doing it deliberately. It needs no special corroboration to support the statement that it is exceedingly difficult to catch a man lawfully using a gig with game fish if he desires to keep those game fish and not be caught. Some of the wardens had sufficient reason to believe that game fish were being destroyed by gigging in large numbers, and this .knowledge came under my own observation in the district under my special charge. One illustration will show to what extent this de- struction was carried on and how completely it could be done with- out detection. In York County there is a tributary of the Ber- mudiam Creek, known as the Branch. It is a body of water which will average fifteen to twenty feet wide and was noted for those No. 21. DEPARTMENT OP FISHERIES. 181 fish. In addition to suckers, eels and other coarse fish there were pickerel and sunfish throughout its length, and bass in the lower end. I came upon six men who were gigging this stream. They were wading abreast, shoulder to shoulder. Thev had in their possession a number of suckers and eels and a stone catfish, a species which is used only as bait for catching bass and other game fish. The fact of their having the stone catfish showed how completely they were taking everything which could be taken by the spear. In answer to my question why they had this little fish thev stated that It was about all that was left in the stream. Their words were sorrowfully confirmed the next day after an examination of six or eight miles of the stream. Where previously fish had been seen in considerable numbers I found nothing except a few minnows, and occasionally a sucker. In order to test the question whether or not this stream was a public water within the meaning of the act the pauty, just mentioned, were arrested. The Branch is not a stream named by the Legislature in various special acts as a public stream. It was not a public stream under what is known as English Common Law, and was not a public stream according to the definition handed down by the courts at various times. The men claimed at first that It was private waters before the arrest was made and it was on this claim that it was decided to use this case as a test. Immed- iately on arrest the men raised the point that the stream was public by right of grant or usage, and the nuitter is now in the county court for adjudication. The defendants also have raised the point that the act is unconstitutional, and in this, with the concurrence of the Commissioner, I have directed the counsel to agree to. We even went further, and in our answer to the defendants' petition averred our belief that the title was deceptive and misleading in that the act was not within the provisions of the title. The title reads : ^ "An act to regulate the taking of carp, suckers, mullets and eels m the waters of this Commonwealth, etc.'' While section 1 of the act provides that, "it shall be lawful to kill carp, suckers mullets and eels in the PUBLIC waters of this Commonwealth, etc" The absence of the word "PUBLIC" in the title appeared to us to be the deceptive and misleading clause. What position the Court will take ot course is as yvt unknown. In my statement that game fish were being intentionally destroyed in dillerent parts of the State I excepted the north west. Mv reason lor doing so is because of a re])ort made bv J. P. Albert of Warren a warden, concerning the operation of the gigging law in his section' lie savs: "They are trying to live up to the law in gigging and are doin^ very well, but unfortunately a fish passing under the water at a fast rate and making a strike at it thev cannot distinguish the fish After they get the fish in they find their mistake and then throw it overboard, at least most of them do. I found a large number of game fish speared that way, particulailv salmon and bass Some salmon weigh as high as fifteen pounds. I have seen fifteen or six- teen exceptionally large ones. if 182 REPORT OF THE Off. Doc. "The people seem to try and live uj) to the law, but they caimot tell the species until ai'ler tiny are struck. TIk' Allej,4ieny and Conawaufio rivers are just doUed with boats when ihe weather is nice, also Flench Creek. 1 do nt)t think they aiv doing a great deal of damage to the game fish according to the number of giggers. In all the number 1 have examined the boats have contained as high as three men and 1 have never found a hard tish, or what may be called a game fish among them, but I found almost all suckers, carp and Buttalo tish having as high as KM) to a boat. "When hailed by a warden they immediately come ashore and allow the warden to search the boat. 1 have not found one ilh'gal spear, they being an inch apart between the barbs. The best class of flsliermen are against gigging, because no otie can tell at what '''nd of a fish thev strike. The best fishermen think the law should be repealed." An examination of hundreds of gigs showed not only many of them to Ik' unlawful, but that the nmj(uity in having the instrument made made their beards as close as possible. Many of the gigs which our wardens and myself passed would have been had they been cb)sely measured, illegal. There was not one gig in three in which the prongs and beards were in every particular one-half inch apart. Especially was this the case with the spears to be used along the snmller streams. At the out-set most of tlu' gigs were made with the prongs a scant one-half inch apart, with the beards less than a (piarter of 'an inch and sometimes only an eighth. As there was a dispute regarding the legality of this the opinion of the Attorney General was asked and he promjMly decided that the beards were part of the prongs and must be at least one-half inch apart. A third measure enacted was one relating to the operation of fish baskets. It is intended to take tlit' place of the fish basket act of ll)ti:{. In some j)articulars 1 feel that it is an improvement on the t)ld law, but in many respects it does not meet the reipiirements •either of the fishermen or the pro|K*r ju-otection of game fish, or what I believe to be the best interests of the state. Many fishernn'n complain of rank injustice which the new law permits. One of the chi( f objections which th<'y urge is that although a man may build his wingwalls and secure a license for a basket at a certain sjiot for one year, that tlK' next spring another man may stej^ in and secure a license for the place he occupied and make use of his wingwalls, and the labor which he put on them the vear befoi'e. Another cause for complaint is that a man may get a license for a certain spot and there is nothing to jirevent another man from getting a license for a spot immediately above or one sid;\ which will cut him out and render his basket of little use. There is noth- ing in the act which regulates the length of wingwalls and some licensees have taken advantage of this to build their wingwalls from shore to shore, and more who have secured licenses below complain that by this action they are deprived of ecpml ]U'ivileges in the stream. There was one clear case of the seeming injustice of this. A man secured a license for a spot on Pine Creek in Tioga county, built his wingwalls, leaving u short space lu'tween the upper ends and the No. 21. DEPARTMENT OF FISHERIES. 183 banks. A second man secured a license a short distance above and built wingwalls several feet high and clear to the bank. On one night, it is claimed, that the man having the ui)per basket caught 1,800 eels, while the one below succeeded in getting less than two dozen. These are only some of several complaints made by fishermen. They also complain that there are a number of minor provisions in the construction of a fish basket which is not at all material to the catching of fish, yet which from the specific nature of the pro- visions, subjects them to just as lieavy a peiialtv as though they had filled their basket with and retained fish which might not law- fully be taken, as for example the color and size of the figures showing the license number. Among the features which seem to me to operate against the interests of the state and the fish is the exceedinglv low license fee. Under the old act the license was six dollars, one dollar of which went to the county treasurer and five dollars to the Depart- ment of Fisheries. I'nder the new act the license is one dollar twenty-five cents of which is deducted by the countv treasurer sev- enty-five cents going to the Department. ' ' ' The consequence has been a vastly increased number of licenses without a commensurate increase of revenue to the state. Indeed the total amount received this year from license fees was less, ac- cording to the Commissioner, than was received anv vear previouslv By reducing the rate to one dollar, it atfords oi)portunities for maiiv pers(His who have little regard for the observance of fish laws to secure licenses. Six dollars was too much for such to risk, but not 80 one dollar. Xumerous allegations have been made that manv parties operat- ing fish baskets were keeping the game tish that were caught. It was imi)ossible for the wardens to prove the truth or falsitv of these allegations altlM.ngh there were good grounds for belieVinart should go to the wardens As a consiMpience the special wardens who could not be emploved even could not be expcH-ted to spend time and monev on fish basket ca»es. Therefore the entire burden of suppressing the operations of the tish bask<.ts fell on the shoulders of the six wardens, east ot the Allegheny mountains, there being no baskets on the western side of that range. Kvery licensed fish basket, and in fact everv basket, was in- spected by a warden, as far as known, and it is safe to sav that outsid.' of the majority of those who operated this device 'under the old law, D.-i per cent, did not entirelv conform to the law and fully 75 per cent, of those which did not conform to the law were detective in several imi)ortMiit partinilars. Tlu're weiv also a num- ber of the bask;'(s operated by former licensees wliidi did not con- form in every jmrticular, but as a rule it was in minor points onlv excepting those men which in forim'r vears regularlv gav(> troubl'-' The great majority of the baskets were little more than thrown together, made of the cheapest material and bv their verv character >vas calculated to hold any fish which might get intt) the'm. One of 184 REPORT OF THE Off. Doc. / No. 21. DEPARTMENT OF FISHERIES. i 186 the provisions of the law called for well rounded slats. \ large percentage of the baskets scarcely had the corners shaved off and some did not even take the trouble to do that, only picked spots *^1 "^^^^\/^^ there, making them look somewhat like sawteeth. Others did not take the trouble to do that much, but left the edges sharp and rough. The law calls for these slats to be set three eighths of an inch apart when swollen by water, but a large number of the baskets were simply set three eighths when made, without any regard after swelling. A great many baskets had slats with tlie tull space of not more than a quarter of an inch. The law re- quired that at least three-fourths of the bottom of llie basket that could be used for fishing be removable. Many paid no attention to that provision but made solid bottoms. Verv few of the slats were planed but were of rough strippings, evident Iv from a saw mill. Some appeared to think that eight inches out of a total width of live feet was three-fourths of the bottom. The law called for twelve inches, letters painted white or black. Eight, seven, six and even as low as two inches seemed to be regarded by a large number of people as conforming to the law. Gray, green, yellow and all sorts of colors were substituted for white or black. Occasionallv a man would have a number on his basket while he was operating it, but took the numbers home with him when he left, leaving noth- ing to indicate who the owner of the basket was, and stranrre to say according to a peculiar phrasing of the act, this did not seem to be strictly illegal. As intimated before, there is nothing in the law to designate the length of wingwalls and many licensees therefore were in the habit of building the walls from bank to bank and some of the walls were five and six feet high in the small streams. Wingwalls of this char- acter not only prevented the passage of rowboats, but also prevented the free migration of fish. There is reason to believe, however that this construction of wingwalls from bank to bank is a violation of secftion Lj of the Act of May 29, 1001, which forbids the placing of any obstruction in the waters which will prevent such migration It might be contended that as the basket act was passed after the act of 1001 that wherever any confiict occurred, the former section would be superceded by the new act, but a careful examination does not show that there is any confiict. Throughout the fish bas- ket act there is an evident purpose not to obstruct the migration of any fish save eels, catfish, suckers, carp and mullets, which are specifically mentioned, as the fish which may be lawfully taken If wingwalls are built from bank to bank, all other species of fish must necessarily at least enter the basket and presumably be caught even if released afterwards. Hence there is grounds Vor holding that wingwalls from shore to shore is an obstruction to the migra- tion of fish other than named and therefore unlawful. The Depart- ment at least has taken that ground, but recognizing that fish bas- ket men might not have noticed this phase, all who built their walls in this manner were notified by the wardens to remove enough of the ends to allow a passageway for the fish on each side. The majority did so promptly whereupon action was not brought a^^ainst them. The permission to operate the basket throughout the entire day 18 perhaps on.e of the worst features of the new act. In the flrgt place out of all the men who had licenses in former years, not more than five pc*r cent, asked for any such privilege. Many did ask that the basket be operated lawfully beginning with late in the afternoon. Some asked that it be operated in the day time when the water was muddy. The i)rovision therefore permitting the basket to be operated during the day was entirely gratuitous. Under the law where a basket is oix'rated in day time the owner or attendant must be with it continuously save one hour. He may be absent that long. I am forced to declare such a provision a farce. Many of the baskets are within plain sight of the homes of the owners and frequently the baskets after being operated by attendants during the night are left with the bottoms in in the morning and when anybody comes along the owners or attendants simply jump into their boats, go to their basket and declare that had they only just left it. An examination of these baskets show oftentimes leaves, dirt and other debris, indicating that they have not been attended to sometimes for a day or more, but of course, there was no legal proof to that effect. It is safe to say, in my opinion, that one-half of the baskets operated during the daytime are not attended from morning until night. I did on one occasion come upon a basket in operation in the day- time without the owner having seen me for more than an hour. I found seven bass in that basket. The fish were being pounded back and forward by the falling water so that when I released them, they floated on in a sickly weak fashion which made me uncertain whether they would recover or not. After waiting a little more than an hour, I went after the man and arrested him and had him fined, but this is one of the few cases where we were able to detect this class of offenders. I am satisfied thnt all of the provisions in this new basket law, the one which jH^rmits the owner to be absent at any time during the day, is working disaster to the game fish. Under the old act when baskets were allowed to be oiKM*ated during the night only, it was rare to find any remains of game fish therein. Under the new act, it was very common for us to find dead game fish, or fishes of anv kind other than those which might lawfullv be taken in the baskets. If fish baskets are to be allowed in the future. I consider it of the utmost importance that at the next session of the Tvegislature. this act be entirely remodelled and put in a shape fair alike to the fishermen and the fish. As the fish basket law was only enacted last winter, I thought that thos-e who took out licenses should have fair warning before any arrests were made for violations and that some latitude shouM be allowed. I therefore instructed all the regular wardens to be very liberal in the construction of the law and wherever possible when- ever they found anything save flagrant violations, they should warn the licensee and in any event not to prosecute excepting where there were two or more provisions violated, and as far as I know, those instructions have been carried out to the letter. I also instructed the wardens to first visit all the baskets possible and to make written notes of the character of the basket noting what violations of the law, if any, existed, and to bring the prosecu- tions later, if it were deemed advisable and necessary to do so. 13 186 REPORT OF THE Oft. Doc. The consequence was that when prosecutions did begin they were brought in numbers instead of being scattered through the season as they were in other years when the law was more thoroughly understood by the fishermen and there was no call for giving warn- ings. Even when prosecutions were made for two or more violations, it was seldom that more than one charge was pressed so as to make the fine a minimum amount. In some instances this was entirely taken advantage of by the attendants in order to escape punishment altogether. For example, in Perry county a man had a fish basket which did not conform in any particular to the requirements of the law. Every provision was violated. A warrant was sworn out on the regular information which named every violation, but charges were pressed for only one and the man convicted, or to speak per- haps more correctly, only the minimum fine of |20 was imposed. The counsel for the defendants took out a certiorari in which among other things he contended as a cause for dismissal of the case by the court so that the fine should have been $70 instead of |20, there being three specific offenses, no license at all on the basket $20 fine; no attempt made to round the edges of the slats, $20. Another a failure^ to remove three-fourths of the bottom of the basket a third $20, and an absence from the device for more than an hour, $10. Total, $70. This illustrates the run which sometimes is attempted for the exer- cise of leniency. A large number of appeals have been taken and undecided. Some of these appeals were taken in such a shape under the act that has compelled the raising of the question of the constitutionality of at least a portion of the act. that portion which refers to the legal procedure. As a matter of course it will be some time before this phase of the question is settled. Within the last year many complaints came to the Department of the pollution of a number of streams of the state, some of which were investigated. Others could not be attended to owing to the smallness of the force. Although all pollution seems to be dele- terious to fish life, owing to incomplete legislation, the Department is com})elled to recognize this subject as being of two classes, poison- ous and deleterious substances. The poisonous class contains substances which invariably and quickly kill fish. The deleterious class contains pollutions "which do not necessarily kill, but does drive the fish to other waters. Of the two classes the pollution caused by depositing deleterious sub- stances is the most common and does the least harm. There are few large streams in Pennsylvania not tainted more or less by such deposits. It is this class of pollution tliat the Department of Fish- eries is generally powerless to prevent as there has been no legisla- tion conferring power to the Department of Fisheries to prosecute where such pollution is injurious but not altogether destructive to aquatic food life. The character of the pollution most comi)lained of comprises saw- dust, mill shavings, pumice from cider mills, i)aper mills, ehemical works, dye works, coal washings, sulphur water, refuse from gas works and common sewage, all of which, save perhaps the last, have a tendency to reduce or destroy our acjuatic food supply. No. 21. DEPARTMENT OF FISHERIES. 187 The Department of Fisheries has no jurisdiction whatever over deposits of pumice and very little with respect to common sewage. Coal washings and tannery refuse are only partially under the juris- diction of the Department of Fisheries, and sulphur water is also beyond its control. Pollution containing poisonous substances, does, according to an opinion of the Superior Court, come clearly within the jurisdiction of the Department of Fisheries, and such violations will be punished whenever sufficient evidence can be obtained to substantiate a charge. Cases of this kind are extremely difficult to successfully prosecute and much care must be exercised in preparing them. Only the most skillful investigation will enable one to determine the nature of the pollution, whether it is poisonous or belongs to the class known as deleterious. To determine this is not easy by any means, as the two classes overlap so frequently that the dividing line cannot always be fixed to a certainty. Therefore it is advisable under existing laws to jjrosecnte only the most flagrant violations. The positive proof to be obtained in all cases is that the refuse will and did kill fish, and that it came from a specific establishment. The poisonous substances most commonly deposited into the waters by the industrial concerns in the state*^ are vitrol, acids, arsenic, phosphorus, alkaloids, copper sulphate, chromium, chloride of lime, analine sails, chemical products and ammonia. AVhile in most cases these ingredients aie intended one to neutralize the other, they may be frequently found in a free state. Two of the prosecutions recently brought by me as chief warden and resulting in the discharge of ihe defendants will illustrate the dini( ulties and technicalities to be encountered in ca«es of this kind. One v\as at Everett, in Bedford county. In this ca»e thousands of fish had been killed in the Kaystown Branch of th(» Juniata river, by some poisonous substance, apparently coming from a certain industrial establishment. A substaru-e known to have a like effect was flowing from this industrial establishment at the time investiga- tion was made, a few weeks after complaint was made to the De- partment. More than a dozen witnesses were called and nearly all testified to the large (luantities of fish found dead or floating on^ the water in a dying condition on the day in which original complaint was made and that no dead or dying fish were found above the industrial establishment nor on the far side of the stream. The actions of the fish showed something unusual; darting hither and thither out of the water and acting as though crazy. A peculiar substance was flowing into the river through a drain leading from the in- dustrial establishment and down that part of the stream in which the effected fish were. NVhen we made our investigation we found similar substances flowing into the sti-eam, but we W("re unable to j>rove the character and nature of the waste substance which flowed through the drain into the river on the day when the fish died. The parties making complaint failed to secure sami>les of the water on the day in ques"^ tion. As a consequence the defendants were discharged.* A second case occurred some months earlier in Adams county. There is a tannery there which had not been in operation for sonie time. The tanks contained lime water. The owner at length de- 188 REPORT OF THE Off. Doc. cided to start up his plant again. On a certain dav fishermen on a nearby stream noticed a sudden discoloration of the water and as suddenly fish rising to the surface and dying in large quantities, and every fish, including minnows, was killed for the entire length of the stream. An investigation show<'d it was claimed, that an em- ploye of the plant had allowed the lime water to empty from the tanks into a drain which em[)lied into the creek. The Department was notified and I made a personal investigation. The -employe freely admitted that lie had emptied out the lime water, but claimed that he did it by the orders of his employer. Suit was brought against the owner. At the hearing the man still ad- mitted emptying the water and maintained his claim that he was simply acting under orders. The owner was called upon to testify, swearing that he had not given any such orders. On the contrary had directed the man not to emj)ty the material into the stream unless high water in the creek happened to prevail, and then only in small quantities so as to do no harm. The question of veracity or a misconstruction of orders arose and the Justice of the Peace, I think, very proiM*rly discharged the de- fendant. As there was the possibility of the man having miscon- strued his orders, I decided it was not advisable to bring suit against the man who actually discharged the poisonous substance into the creek. These two cases illustrate forcibly the ditliculties to be encoun- tered in the successful i)rosecutions in the case of polluting streams, even where such violation came clearly within the jurisdiction of the Department of Fisheries. The number of important cases which served as a i)recedent for future work have been decided by the courts during th;* y(»ar and some others are still pending. The most imj)ortant, uncjuestionably, of all these was the case of Commonwealth vs. Immel, charged with having allowed poisonous substances to be ])laced in a stream in sufficient quantities to kill fish. He was finally convicted before an alderman at Xorristown. The case was apj)ealed to the Montgom- ery County Court where the conviction of the alderman was reversed and the case dismissed. The Department took an appeal to the Superior Court. This was in l!)ti(J. Early in 1!M)7 the Superior Court handed down a decision reversing tlie Montgomery County Court and sustained the contention of the Department and upheld its claim of jurisdiction in pollutions of that character. The defendant then ai)iK'aled to the Su])reme Court but that tribunal refused to grant the ap])eal. Subseijucntly the Superior Court handed down a decision in another case at Scranton affirming and emi>hasizing its decision in the Immel case. A second case was that of the Commonwealth vs. O. J. Smoyer et al charged with drawing oil' water from a dam and catching fish with their hands. They were convicted by the alderman and the defendants ai>pealed to the Lehigh County Court. Judge Trexler handed down a decision upholding the Department and declared catching fish with the hands was illegal. The parties appealed to the Superior Court, l)ut that tribunal refused to entertain the appeal on the grounds tlial the ai)i)ellant failed to comply with the rules of the Superior Court. No. ?i. DEPARTMENT OF FISHERIES. 189 Another very important case was that of the Commonwealth vs. J. H. Storch. He was charged with killing fish illegally in a pond. The defendant set up the plea that the waters were private and that he was the owner and lessee of several ponds and that the laws relating to fish did not apply and that he could therefore legally catch the fish in any way he pleased. The case was taken to the Bradford County Court. This likewise was a case carried over from last year. Early in the autumn of this year, the Judge of the Court handed down an elaborate decision adverse to the contention of the defendant and sustaining the contention of the Department that the laws relating to fish coverc^d all the waters whether private or public. This is the second decision of the kind since the creation of the Department, the first having been handed down a little more than a year ago in the Lehigh County Court in the case of Commonwealth vs. Weiler et al. Another important decision was that of the Commonwealth vs. Humma. In this case the defendant was charged with using a large number of lines fastened to umbrella ribs and having attached thereto poles. The defendants appealed to the Berks County Court claiming that they were only catching suckers and that no way l>rovided for catching this species of fish in the manner named. The Berks County Court upheld this contention whereupon the Depart- ment appealed to the Superior Court and that tribunal handed down a decision reversing the Berks County Court and sustained the con- tention of the Department that this class of fish were equally under the protection of the law with specifically named game or food fish. A case which possibly is not yet ended recently arose in Lebanon county. The Mayor of Lebanon, together with some police officers including the Chief of Police, were charged by the Department with having drawn otf the wiiters of a reservoir supplying the town of Lebanon, with having placed a screen across the stream below the reservoir and removing large ([uantities of fish. A great many of these fish were killed and others removed to other waters by means of the city water sj)rinkler, and others, it was claimed, were taken away dead by the defendants. The testimonv did not show that thev took anv of the fish for food, but the testimony did show to an extent sufficient to convict the Mayor and two of the otlicers, but not the Chief of Police, that fish were removed and fish were killed. The Mavor and two of the officers were convicted and fined. They jtetitioned the Lebanon County Court for an allowance of an appeal, contending that they had simply taken fish from the escaping waters and planted them elsewhere, and that furthermore, the reservoir was j»rivate waters over which the Department had no jurisdiction. The Court of T^banon county, however, refused to grant the petition. I have lu'ard unotticially that the defendants are consierior Court sustained the decision of the magistrate in declaring the persons guilty of using a fish basket illegally. Another important case was one from Bradford county, where a man used a device not specifically permitted by law, but declared that the waters in which he used it were entirely private, being de- voted by him to raising fish for market. In an able opinion the Court of Bradford County rules that all the waters of the Common- wealth come under the law and fish can only be taken therefrom by methods specifically i)ermitt/ed by law exactly in the line of afl the decisions which have been made in regard' to the present acts. Lehigh county has sustained the position of the Department in regard to taking fish only by methods specifically ixn-mitted by law. The court decided that fish could not even be taken by the hands in the case where a dam had been drawn off and the fish were taken out in the shallow watk^rs. The court said that the law was intended for the preservation of fish and prescribed the methods that the Legislature deemed wise by which fish should be taken. If, as the Court said, a man could draw otf a dam and take the fish in any method he choose, there might be an epidemic of cleaning dams. In Wayne county a very important decision was rendered in re- gard to what constitutes public waters. The Lackawaxen creek had been declared a public highway by an act of the Legislature and the State had rebuilt a bridge across It under the terms of an act of Legislature which i>rescribes that the State shall rebuild bridges ov(M' navigable waters when such bridges have been washed away by fioods. The Wayne County Court ruled that a mere act of Ix'gislature could not make a stream a navigable one unless it can compensate the owners for the same, as otherwise it is in violation of Ihe constitution which prescribes that no projK-rty shall be taken without comix'nsation. This decision is most important to the anglers and fishermen generally and has been appc^aled to the Superior Court. To an auKMidnKMit of the act of May 20, 1901, was added a pro- vision which pri>vi(hMl that any person violating the section should be guilty of a misdemeanor. This act was very far-reaching as the act of 11)01 prescribes summary convictioTis for all cases and to allow appeals to the Ui>per Court for misd(Mneanors is to make a common criminal out of the violator of tlw^ fish laws. It would also enor- mously increase the expenses of the counties by sending up a large number of minor cases which would have to be heard by the Grand Jury and a Petit Jury. In amending the act in question the title of the act was not so amended and therefore gave no notice of the change. In a case of an appeal undc r the act the Court of Lvcom- ing County promptly declared the act unconstitutional on the ground that there was no notice in the title. No. 21. DEPARTMENT OP FISHERIES. 193 One of the gravest questions that is constantly brought to the notice of the Department is the pollution of the streams. The Department for two sessions of the Legislature has endeav- ored to secure the passage of a bill to prevent pollution, but failed to do so, and finally to test the matter brought suit in Montgomery county under the act of May 20, 1901, which prohibits the running of poisonous substances into the streams. The Court of Montgom- ery County dismissed the complaint on the ground that the defend- ant did not run the poisonous matter into the stream, but into a pit and had no intention to poison fish. The matter was appealed to the Superior Court which in a decision sustained the position of the Department that it is against the law to run poisonous matter into a stream and no sane man emptying deleterious matter any- wheres knowing that in the course of nature that it will run into a stream and poison fish can claim exemption. The case was sent back for a hearing, but unfortunately the defendant died. A case from Bradford county following the decision in the case of Commonweallh vs. Seacrist sustained the opinion of the Justice that parties using a fish bask^?t without a license are liable to a fine. From this decision the defendants have appealed to the Super- ior Court, where it is now pending. FISHING OUT OF SEASON AND TWO FINES. Under the provisions of the act of April .27, 1903, it was lawful to use eel baskets for taking eels from (he 25th day of August to the 1st day of December in each year, and the penalty for using a basket except in exact compliance with the terms of the act was decid^^d by the Superior Court in the case of Commonwealth vs. Seacrist 27 Sup. C 42:3, to be |2o under the provisions of section 2 of the act of May 29, 1901, P. L. 302. The 14th day of August, 1906, Benjamin B. Ackley fished an eel basket in the north branch of the Susquehanna river in Bradford county, and did catch and keep one eel and one wall-eyed pike, th(» latter being a game fish which the law did not permit to Jbe taken by means of an eel basket. Ackley was arrested by warden W. E. Shoemaker and taken before J. IL Orcutt, Esq., a justice of the I)eace at Towanda. The magistrate found the defendant guilty and sentenced him to pay a fine of $25 for using the eel basket out of season and ^U) for the ganw» fish. The defendant's counsel took oui a certiorari and the case was argued before President Judge A. C Fanning in th(^ court of Common IMeas in Bradford county. The court sustained the verdict of th(» Magistrate and the defendant paid the two fines for what were two separate infractions of the law. The following is the opinion of the court: Opinion of the Court. Commonwealth vs. In the Court of Common IMeas of Bradford County. Benjamin B. Ackley, , No. 40S, Sept. Term, 1900. Illegal Fishing. This case comes into court on cerliorari and was argued Jan. 25, 1907. I^pon complaint made bv W. E. Shoemaker, State Fish War- 13—21—1907 194 REPORT OF THE Off. Doc. den, and after hearing, defendant was convicted of the offense charged, the finding of (he magistrate being as follows: "And now, August 17, 1906, after hearing the sworn proofs of both parties and the arguments of counsel respectively, the Court finds that the defendant, Benj. B. Ackley, on the 14th day of August, 1906, in Bradford County, Pa., in the North Branch of the Susque- hanna river of the waters of this Commonwealth, did fish with an unlawful device prohibited and not perm! ltd by law, to wit: a fish basket with wing walls, with bottom all in, in fishing condition, and herewith on said date between four and five o'clock A. M. did catch and take from said waters one eel and one wall-e},'ed pike, and keep and retain the said game fish and eel and place them in a boat in his possession, and did not return the same to said waters, and the said defendant was found alone in possession of said illegal device and fish therewith taken, all contrary to Sections 1, 2, 26 and 37 of the Act of May 21), 1901, P. L. 302, and the acts of assembly in such cases made and provided, and do hereby under said acts convict the defendant of fishing with the said illegal device and of taking unlawfully the said game fish, the said wall-eyed pike, and not returning the same unharmed to the water from which it was taken, and the said time and place. The following exceptions were filed: 1. That the justice had no jurisdiction. 2. That the justice had no jurisdiction for the reason that the complaint, or information, is insulficient for the reason that it fails to show that the alleged offense was committed in the state of Penn- sylania. 3. That no seal was attached by the justice to the complaint in this case, and that the seal which now appears attached thereto, was placed thereon subsequent to the taking of the testimony in said case, if not even after certiorari was served, atid the complaint is therefore insuflicient. 4. That no certificate is attached to the complaint, or information, by the justice, showing when his commission expires, and the com- plaint is therefore insufficient, and the justice without jurisdiction. 5. The conviction is too general in its term, and not sufficiently specific, and defendant is thereby adjudged guilty of two or more offenses. 6. That the judgment or conviction, is insulKicient, and will not support the sentence for the reason that it fails to set forth the time when, or the place where the alleged olfense was committed. 7. That the sentence is illegal, insutlicient and improper, for the reason that it fails to set forth to whom the said fine is to be i>aid, to wit: ''One half to W. E. Shoemaker, the informer, and one-half to the treasurer of Bradford County, to be disbursed in accordance with Section 36 of the Act of Assembly of May 29, 1901, P. L. 302." 8. That in no event should more than one fine have been imposed, and the imposition of a double fine is illegal. 9. That there was no evidence in the case that the alleged offense was committed in public waters of this Commonwealth. No. 21. DEPARTMENT OF FISHERIES. 195 TTiere is no merit in the jurisdictional ((uestion raised by the first and second exceptions. The Caption, as shown by the record, is State of Pennsylvania, Bradford County, ss. It is averred that the alleged olfense was committed in the County of Bradford on the 13th and 14th days of August, 1906, in the North Branch of the Susquehanna river of the public waters of this Com- monwealth. The language is too clear to be misunderstood. The words "this Commonwealth" is used, taken in connection with the naming of the County of Bradford as the place of the offense, cannot be construed to mean other than the Commonwealth of Pennsyl- vania, and fully sustains the finding of the magistrate that the act complained of was committed in the County of Bradford and the State of Pennsylvania. The 5th, 6th and 8th exceptions may be considered altogether. Objection is made that defendant was convicted of two offences, and subjected to the payment of two fines, and that such a conviction is not sufficiently specific. There is no authority for using a fish bas- ket with wing walls excepting from the 25tfi of August to the 1st day of December in each vear, and then onlv under certain con- ditions and restrictions. Defendant was found guilty of fishing with such device on the 14th day of August, several days before a basket could be lawfully used. The finding of the magistrate, we think, is sufficiently specific. He was, therefore, under the author- ity of the Commonwealth vs. Seecrist, 27 Superior Court, 423, fishing with a device not permitted by and contrary to law, and not having observed the provisions of the Act of 1903, was punished by the im- position of a fine of |2o under the act of 1901, Comm. vs. Seecrist, supra. For illegally taking a wall-eyed pike, a game fish, of which he was convicted, he was properly fined ^10. The imposition of the two fines was not illegal. Comm. vs. W. H. Sluipp. 32 C. C. R. 178, Terry, P. J. There a fine of |25 was imposed for using an illegal device, and f 10 for the unlawful taking of a game fish. The seventh exception raises a question with reference to which the authorities are not all in harmony. The magistrate did not direct to whom the finc^ should be paid. It is contended that this omission is fatal to the ])roceedings and in support of this position, counsel for defendant cites Comm. vs. McManus, 21 Lane. L. R. 101, and Grimm vs. Rinehold 3 Dist. Hep. 668. In the case first cited the record was so incomplete as to be unintelligible. The transcript stated the proceeding to be "summons in criminal action not exceeding .^300." The finding was as defective as the statement of claim. ^Yhat act of assembly was violated or to whom the judg- ment was payable did not appcai', and there was nothing to support (he proceedings. Grimm vs. Kineliold, supra is more nearly in point. There defendant was sentenced to pay a fine of |10 on conviction of a charge of cruelty to animals, but no direction as to whom it should be paid. This was held to be fatal. The case cited, we think, is distinguishable from the one at bar. Here, not only the complaint, but the finding of the magistrate as well, sets forth the acts of assembly violated. In Comm. vs. Liller, 12 Lane. Bar 188, an exception was filed to a judgment of a justice because it did not 196 REPORT OF THE Off. Doc. state where or to whom the amount of the penalty was to be paid. The act under whith the forfeiture was invoked provided a penalty of Jf4 to be levied by distress. The exception was dismissed. A justice is not required to show disposition of the fine when provision therefor is made in the statute under which it is imposed. Grant vs. Comm. 5 Justice L. K. 135. Even though necessary to a conviction, that the act complained of should have been committed in the public waters of this Common- wealth which we do not decide, the Uth exceptions should not be sustained. Section 4 of the act of March 31, 1785, 2 Smith's Laws 311 Chap. 1144, provides, "Be it enacted by the authority aforesaid, that the river Susquehanna shall be deemed and taken to be a public highway, in all parts thereof within this state, from the division line of the State of Maryland and this state upwards, to the town of Northumberland, in the county of Northumberland, and thence b> and along each of the two great branches of the same river which meet at the said town, in and throughout the whole length and breadth of the same river; and the duties and authorities of the Commissioners to be named as aforesaid, shall be extended and ex- ercised accordingly." The title reads as follows: ''An act to auth- orize the appointment of new Commissioners to execute the act of Assembly, entitled 'An act declaring the river Susiiuehanna, and other streams therein named, public highways, for improving the navigation of the said river and streams, and for preserving the fish in the same, and to extend the powers of the said Commissioners to all parts of the same river within this State.' " The defendants were charged in the complaint with illegal fishing in the waters declared by said act to be public highway. "A public statute is said to be such an one as effects the public at large, whether throughout the entire state, or within the limits of a par- ticular locality, and whether its operation is designed to be jK^rpetual or merely temporary." Endlich in the Inter])r('tation of SI a tut cs. Stec. 502. Statutes in resiKH't to roads and navigation in general have been regarded as public statutes. Wharton's Law of Evidence, Vol. 1, page 250, Sec. 501, Endlich on Interpri'tation of Statutes provides, "One of the matters upon which, though the statute be silent, the Legislature must be understood to have an intention is that of the manner in which noiice is to ho taken by tlile courts of the passage, tenure and time of taking ettect of the enactment. In the case of a public law, which must be taken lo have been passed for the public advantage, it is obvious and therefore the universal rule, that in order to etfectually serve that purpose, it must be noticed as to all the particulars mentioned and a])plied by the courts without being pleaded, proved or even called to their attention." Tn Greenh^af on Evidence, Lewis Edition, page S, section 5. it is said, "In fine, courts will genicrally take notice of whatever ought to be generally known witliin the limits of their jurisdiction." The court may take judicial notice that a certain township is within its territorial jurisdiction. Comm. vs. Kaizer, 42 W. N. C. 26. The act declaring the Susleased. The I)ei>artiHeiit appealed the (^ase to the Quarter Sessions of Berks County under the act of April 17, 1876, P. L. 20, but the court dismissed the case on the ground that the act of April 22, 1005, P. L. 284, had taken away the Commonwealth's right to ai^peal. The act of 1005 having later Ix^en held to be un- constitutional the Berks County Court allowed a reargument of the case and January 2, 1000, discharged the defendants, because suckers did not come within tlije protection of the act of May 20, 1001, P. L. .S02, which opinion is imblished in the report of the Department of Fisheries for 1000, page 211. From the decision of the Berks County Court the Department appealed to the Superior Court which reversed the decision of the lower court and stated decidedlv that that act of Mav 20, 1001, ]trovided all the methods by which fish can be taken except when* in additional acts, such as the eel basket art, it is ju'ovided other- wise. The decision of the Superior Court is a very important one and determines that no method of taking fish is legal unless the fisherman can show the means he is using is specifically permitted by some act of the Legislature. The following is the decision of the SujuMdor Court: ' In the Superior Court of I'ennsylvania. 'No. S7 October Term, 100f>. Commonwealth of Pennsvlvania V. George Kennv and 11. J. llunnna Aj)|)eal by the Commonwealth from the judgment of the Court of Quarter Sessions of Berks Countv. Filed Feb. 25, 1007. ORLADY, J. An informal ion was made against Ihe defendants for "fishinsr with lines attached to umbrella bows, with bells fastened to the tips, > ii IM REPORT OF THE Off. Doc. coutrary to the act of May 29, 1901." At the h<^aring before the justice of the peace it was proven that Humma "had thirteen hand- lines witli two hooks attached to each line, each line fastened to an umbrella bow stuck in the ground with a bell fastened to the tip;" and that Kenny "had four lines of the same kind." The defendants contended that they had not violated the law, "in using the devices with which they were hshing." They were discharged and an ap- peal was allowed the Commonwealth under the act of April 17, ISTO, P. L. 29; and after hearing the appeal was dismissed (without refer- ence to the constitutionality of the act of April 22, 1905, P. L. 284). The evidence showed that the defendants' "had nine suckers between them" and the learned court below held that because of the title to the act of 1901, which is as follows: "An act to declare the species of fish which are game fish and the species of fish which are com- mercially valuable as food, and to regulate the catching and en- courage the propagation of the same," etc., the statute cannot be made to apply to any other si)ecies of fish than those which it de- clares to be either game or food fish, and that all its provisions must relate to the catching, etc., of such: "that it (the title) gives no notice to include anything else, but distinctly excludes from its operation whatever is not therein declared to be within the one or the other category; it calls ui)on everyone? to ascertain what is em- braced in the statutory definition of game and food fish and ex- onerates him from any inquiry concerning what is omitted there- from." Carp, catfish, eels and suckers are not in either class of game or food fish, though the time and the manner in which they Snay be caught is provided for in sections 0, 7, 8, 9, 11 and 31 of the act. Undca* the arguments of the appellee it would not he necessary to read fuitlicr into the body of the act than its first section, which classifies and designates certain species of fish as game and food fish, as being specifically within the protection of the act, but this is a more narrow construction than is warranted by our decisions. The title is to have a reasonable interpretation; and if it fairly gives notice of the subject of the act, so as reasonably to lead to an inquiry into the botly of the bill, it is all that is necessary. It need not be an index to its contents, as has often been said: AUe- ghimy County Home Appeal, 77 Pa. 77. It is not the purpose or the dut}' of the court to catch at pretexts to avoid legislation, where it can be fairly reconciled with the constitution; Mauch Chunk vs. McGee, 81 Pa., 433; Potlstown Borough, 117 Pa., 538: Gas Co. vs. Downingtown, 193 l*a. 255. The title is intended to give notice of the leajislative intention to affect a right, a power, a remedy, a duty or a liabilitv. and in a manner that those who may be s])ecifically interested therein will be clearly invit<'(l to ex.*nni"<» into the borlv of the statute: Overseers vs. Armstrong Co., 11 Pa. Suj>erior Ct. 175; Commonwealth v. Peatty, 15 Pa. Superior Ct. 5; Commonwealth v. Minty, 19 Pa. Sujxrior Ct. 283. The subject may have been one ob- ject while the means necessary for the attainment of that object may necessarily embrace subordinale objects subjects, differing in their nature and particular elTecies of game and food fish enumerated in the act, are either indigenous to our waters or are placed therein by lawful authority and are clearly within legisla- tive regulation. The title substantially, though without particular- ity, described the subject and purpose of the act, so that everything which reasonably pertains to that subject, is in law suggested by the title. The legislative purpose regulating the catching and en- couraging the propagation of game and food fish cannot be kriown until every section of the act is read; in such an inquiry, the legisla- tive will in regard to the methods, devic(»s antl a}>])iiances which may be lawfuly used in fishing for other than game and food fish is unequivocally defined; so that the title is not misleading, every section being reasonably indicated through the subject matter stated in the title. To admit the use of an unlawful device, and at the same time contend that the act was not violated because the fish taken were not of the species of game or food fish is not consistent with the doctrine of the decided case. We held in Commonwealth r. Bercaw, 30 I'a. Sui>erior Ct. 335, that the words of the section indicate that what the legislature had in mind was the "manner" of fishing. The guilt of the defendants did not depend upon what they caught, but in fishing for either game or food fish with a device not permitted by the act. Since regulation is made effective only through penalties, a title expressing a purpose to regulate implies such penalties: Commonwealth v. Rothermel, 27 Pa. Superior Ct. 649, and cases therein cited. The judgment is reversed and a procedendo awarded. After the decision of the Superior Court the following decree was rendered bv the Court of Berks Countv: Commonwealth vs. Kennv and Humma. In the Court of Quarter Sessions of Berks County, Penna. No. 651 Misc. Docket, Page 326. Decree of Court. And now, to wit: September 14th, A. I). 1907, the Court, on motion of Wolf «& Shomo, Attorneys for the Commonwealth, in conformity with the judgment and decision of the Su])erior Court, in the above mentioned case, dated February 25th, 1907, orders the judgment of Jacob M. Prutzman, Justice of the Peace, in and for the Borough of Pirdsboro, said County of Berks, reversed. Bv the Court, (Signed) G. A. ENDLICH, Judge. 200 REPORT OF THE Off. Doc. After this decree was entered the attention of the court was called to the fact that the case had been up on an appeal not on certiorari, and therefore it was the duty of the court to sentence the defendants, which the court announced it would do. Since the close of the year the Department has learned that Dec- ember 14th, 11H)7, Judge Endlich imposed upon each of the defend- ants, Kenny and Humma, a fine of |25 and costs. This ends tlie case which has been a long fought one, but the result has been of much value in that a definite determination has been reached. Here after any person who takes any species of fish by a method not specifically permitted by law is liable to a fine or imprisonment. APPEALS IN SUMMARY CONVICTIONS. Two years ago a number of persons were arrested in Monroe county for non-compliance with the act of April 27, 1903, allowing the use of fish baskets under certain conditions. After being sen- tenced before a justice of the peace they ai>pealed to the Court of Quarter Sessions under the act of April 22, 1905, P. L. 284, which allowed an api>eal from the judgment of the justice of the peace without an allocatur. This act had been declared unconstitutional by several county courts on the ground that by an act of the I^^gis- lature part of Article V, section 14 of the constitution was attempted to be repealed. Hon. C. B. Staples, President Judge of the Court of Quarter Sessions of Monroe county, took an opjjosite view and de- c»'ared the act of 1905 supra to be" constitutional. To this opinion the Commonwealth excepted and took an appeal to the Superior Court which in an opinion by Porter, J., declared the act of April 22, 1905, P. L. 284, to be unconstitutional and directed the case to be returned to the Court of Monroe County. There, the court acting under the opinion of the Superior Court, ordered that upon payment of the costs the sentence be suspended and the defendant dis- charged. The following is the opinion of the Court: Commonwealth vs. T. B. Luckey. In the Court of Quarter Sessions of the Peace of Monroe County of December Term, 1905, No. 15 Summary Conviction. Opinion and Judgment of the Court. Under the law as defined by the Superior Court in the case of Commonwealth vs. Seecrist, 27 Supra, 423, we find that the defend- ant was technically guiltv of violation of the act of Mav 29. 1901, P. L. 302 and that'the act of April 27, 1903, P. L. 319, which made it lawful to catch eels in the waters of this Commonwealth by the use of fish baskets with wing walls, by a person having a proper license therefor, did not jxTmit the defendant to fish or use in the waters of this Commonwealth any other kind of a device or basket, or in any other manner than that ])rovided by said act of 1903, and we state for the information of the public that the placing of a fish basket in any stream in tliis Commonwealth, the slats of whjch No. 21. DEPARTMENT OF FISHERIES. 201 are not one full half-inch apart while in said stream, and which fish basket does not have a movable bottom in every part or division of the same, and which movable bottom is not removed between the hours of sunrise and sunset, violates the act of May 29, 1901, P. L. 302, and is liable to conviction and punishment for said violation. And we further hold that the placing of said fish baskets in the stream contrary to the provisions and regulations as above stated is a violation of the statute, whether rhe offender actuallv fishes with the basket or not. We make this statement so that the public may be informed of the provisions of the act as construed by this Court and in future govern themselves accordingly. Although we find the defendant guilty of a violation of the said act, we are of the opinion, after having heard all the testimony in the case that he was not wilfully a violator, lie had taken out a license under the act of April 27, 1903, and was fully of the belief that he was not a violator of the law. The very fact of having applied and paid for a license to use a fish basket was an evidence of good faith, and since there has been such a difference of ojiinion among judges as to whether or not the use of fish bask-ets was a violation of the act of May 29, VM)l, laymen ought hardly to be held responsible for their mistaken interpretation of the law. Taking this view of the matter it is herebv ordereace discharged the defendant because he claimed that the fish laws do not govern fishing in waters that the j)ul>]ic are not allowed to fish. From this decision Ihe l)<'parlment apjiealed because it claimed that the State under its police ])()wers had the right to govern the mehods by which fish should be taken in any waters, whether public or ])rivate. Tlie question of ihe constitutionality of the act of 1901 was also raised. After argument the Coiu't of Quarter Sessions of Bradford County declared in favor of the constitutionality of the act of May 29, 1901, P. L. 302 and that the State had the power to regu- lat(» the manner in whi«.., .,av of ship, Bradford counb Pa a w^^^f ,''"l' ^"'"Maint, at Tike town- Mill Pond, with force and nrm.i,^ >s known a« Haighfs Woolen in possession (unlawful^ t "k" 'a I'i'ffi "'^^ ,'['"' T""^^"' ""'' •'«^-e and species known as pickerel on.f'n.i' ""V"'"''-'^''"'' g<^""« erel the said »torch had so cVuXt MulT^^'iV?"^ "''"^■'' «'"'' I'i'k- same with a fire an sal hi^.. ' '^'",*^''.''"<3 'aken by shooting the for the taking and catchinroffi«^'.''^''Tr ""^ authorized by law this Commonwealth the fnHn„'^V".'' "" ^V'f «"'' "' "■« waters of unauthorized by and controt 1 . ""■ ''.'"' "*'' ^^ shooting being lawful deyice befng also contr "r "lo TV""^ f ""'"' "■'"" «'"1 "" of May 29, 1901. PampI let j ,,/ (i^o*?,,^,' '''"" - and 20 of th« act a ''f^nt'rarh^^r ^i;? ^!;^,f;--^^ interposed as monwealth for the reason H^^tHwc '"*]"" "''>' '"''^^ »' this Com- a priyate pond of which he 1 t,"" '"f "••'•'■" t" "as taken from time of the alleged offense^lf i ■ *'*'f ''' '*"'' '"'^"''^ "as at the principally carp ""'''' '''^' '"'" f"'' t'"' P'opagation of li" The justice found the following facts: ard"VHaiglu-^;v^'*;,lr,^^;ri5^°f «f in tl.is case occurred in, on ty, Pa., on the 18th of oJlob'. lo',","^"'" '"^"''''^'' ''^'^^'^^^'i <<'un- acresTf1anT,':\^*i'l,^X^';d"thl,se" ''''''" "j"' ^'"' <■-<"-« ^-.y sole, oxclusiye and ^H ate nr„Ztv''o?\"t'"^'''„''''™'' "'■'"« *•>« several years had leased and dem 1,1 ,i" ^- "■'''«•'■ ^'''o for who, as lessee thereof had fors^v^T ♦''^■'^■''"'^ to J. H. Storch, occupying said wafers a 'd miX V^'"'''« l'''''' "f ""*">-^i"J: nnd and propagation of flsh and nrincfn flu .n '' ^T^ ^"' *''« ''"'t"'-'' a^d using the same at the\';;;.rr}Ile^:,7eyroSrcS^^'-Jn« Bo|rp1p:f and'a V^rltw^b.'li^-rn'dt'' "^ '^'^'''^ ""■-"""'•^' ^'^^ pike^^nsis m!'idi';s^{r::.t;r±>r' ^"V;''^"* "^ '-^ - water i.s detained and ^^^^^u!^ .^^^^JZ^/^:^^^ No. 21. DEPARTMENT OF FISHERIES. 203 stated, and is supplied principally by surface water, rain and melt- ing snow, and from several springs in the immediate locality of the pond, and the waters discharge therefrom through two pipes, a large one near the higher portion of the dam where the water when high discharges and a smaller pipe about six inches in diameter very near the bottom of the dam, and that no fish can reach this pond from above, but the fish can to a very slight extent pass out of the discharge pipe of the pond and down the creek and finally into the North Branch of the Susquehanna river in Bradford county, and that the pond is a private pond where the fish are practically ex- clusively confined therein. Fifth: That the said defendant was drawing the water of the said pond so as to take the fish for market, and he with his employe. Earnest Wright, were out on the pond in a boat with no other means of fishing but a shot gun, and then and there the said J. H. Storch did point a loaded gun downward into the water and inten- tionally shoot at and kill one large pickerel, a game fish, and did then and tiiere take the same from the said water and into his possession and retained it, all as set forth in the complaint. Sixth: That the said defendant in taking said game fish, did so with said illegal method at th,e said time and place, without specific criminal intent, and under the apprehension and belief that he had the right to do so in his private waters. The defendant was discharged, the reason ther,efor being stated by the magistrate as follows: "And now, January, 22, 1906, the Court finds the facts as stated above, but that the defendant is not guilty of violating any of the laws of this Commonwealth for the reason that the fish laws do not extend to exclusively private waters as the said act gives no notice in its title, nor has the Legislature auth- ority under the Constitution to extend its control over fishing in purely private waters." Pending rule for an ai:peal, the attorneys representing the Com' monwealth and defendant, made and filed'the following agreement: "It is hereby stipulated and agreed that the decision of the above case involves the constitutionality of the act entitled 'An act to declare the species of fish which are game fish, and the species of fish which are commercially valuable for food, and to regulate thi? catching and encourage the proj)agation of the sanu'; to define the public waters within the state from improper and wasteful fishing; to provide for the appointment of fish commissioners and fish war- dens, and to declare their official powers and duties; to encourage and regulate the artificial propagation of game and food fish by said state fish commissioners; to regulate the dislrihiition of the same in the waters of this Commonwealth; to provide penalties and punishments for the violations of this act,' passed the 21)th dav of May, 1001, P. L. :i02, and that showing cause by deposition for taldng the appeal to this case is waived, and that the said case may be considei'ed regularly in court on ai)])(\al." A decision of the case at bar involves consideration of two ques- tions, viz: The power of the Legislature to control or regulate fishing in exclusively ])rivate Maters, and siM'ond: If that authoritv exists, is the act of May 29, 1901, P. L. 802, constitutionally sufficient in its title or provisions? 204 REPORT OF THE Off. Doc. No. 21. DEPARTMENT OF FISHERIES. 205 It IS not a matter of surprise that the owner of real estate upon whicOi there is a private pond, should feed that he has a natural n^^iit to take tlsh propagated and contiued therein at anv and all seasons of the .year without beconiin- amenable to the law No de- cisions of the Superior Court or Supieme Court of this state de- cisive of this question have been cited. It has been held elsewhere however, bj the highest iribunals, that the taking- of game and fish IS not an inherent right but a boon or privilege, and that the state has i>ower to regulate the manner in which fish mav be caught even in private waters. The case of the People vs. Doxtater, 75 Hun 47:? IS ill point, holding directly that a general legislative enactment' Which prescribed a closed season and prohibited (he taking of fish during that period, ai)plied to a pond as well as to anv other waters deelaring that fish where they had any possibilitv of escape froin private waters came within the i.rohibition of the hiw, and that such enaclment was constitutional. Many authorities are there cited sus- taming this position. In tile eas(> of the People vs. Doxtater, Supra, the doctrine there- in stated was amrmed by the highest court of the state in 147 N 1., page i'A. Commonwralih vs. (lilbert, IGO Mass., 157, is directlv in iK)int. and oc'r^ 1"! V'\'!J'\ ^^'' '''^^'^ ""^ ^'^*"" ^'^^^*^'«t 15^»>^'^ 'A^'«"t Companv V'l • , ' ^ ^ tlecision to the etteet that the I^'gislature mav prohibit the selling and transportation of trout taken from privatt' ponds during the elosed season, and that such legislation is not unconstitutional and void and in violation of private rights and in- terests: It was also held in Conim. vs. Bender, 7 I»a (^ C H (i'M) that laws enacted for the i»urpose of regulating Ihe time'and ap- pliances for catching fish, are a proper exercise of its police powers of the state. Assuming then that the slate in the exercise of its police powers and for (he jHiblic welfare has a right to regulate the manner in which fish shall be caught, even in private waters of the \ZT\TT'^^^\'' ^^''' ''"*'•' '''*^^''^' ^^ ^^''' title of the act of Mav 21), UUl, 1 L. .>()2, sufiicicnt to give notice of, or call attention (o the subject matter of (he act as all'ecting the rights of the defendant, who was the lessee of a jMivate pond and engaged in propagating and selling fish, luiniipally carp. The tide reads as follows: -An act to di^clare the species of fish which are game fish, and the spiu-ies ot hsh which are commercially valuable for food, and to regulate the catching and to encourage the propagation (.f (he same; to define tlie public waters within the state- to lu'otect the public waters within the state from improper and wasteful fishing: (o provide for (he ap- pointment of fish commissiom'rs and fish wardens; and to declare their official powers and dulies; to encourage and regulate the arti- ficial propagation of game and f(K)d fish by said state fish commis- sioners; to regulale the distribution of the same in th«^ waters of the Commonwealth; to provide penalties and punishments for the violation of the provisions of this act." It is earnestlv contended (hat the title does not give notice to owners and lessees of private ponds ami streams that they are affected by the act, and that, as relates to them, it is unconstitutional. The (piestion raised is an imiiortant om^ If the act applies to jMiblic waters onlv, then in practically numberless ponds and small streams throughout the commonwealth, fishing may be carried on with inipunitv bv almost any means and at any season of the year. The result would be the practical annihilation therein of game and food fish. As bearing incidently only upon the question under considera- tion, it was said in Comni. vs. Ehrgood, G I^ack Jurist :i2(), "It is no defense that the fishing was dome in the tail race of a mill on the lands of the defendant." In disposing of the case of Comm. vs. John F. Weiler, et al (Lehigh County) where defendants were found guilty of fishing with a seine in the waters of Helf rich's spring, contrary to the act of Assembly, approved April 2G, 191^5, P. L. 310, which permits the taking of carp, suckers and mullets from the waters of this Commonwealth under certain conditions, it was stated, "The act under which the charge was brought, applies to any of the waters of (his Commonwealth and covers a pond of the kind referred to at the hearing, and in which the ortense was committed." It was suggested, obiter dictum, Terry, I*. J., Comm. vs. Shupp 32 C. C. K. 17.S, "The prohibition of the act of PJOl supra, seems to embrace private as well as i)ublic waters. Its language is 'Any of the waters of this Commonwealth.' Moreover the defendant was not fishing on his own land." In Comm. vs. Snyder, et al. Court of Quarter Sessions of Ixdiigh County, it was held that the owner of a mill pond who drew off the waters for the purpose of cU'aning the dam caught ten pike with his hands, was properly convicted of tishiiig in violation of the act of May 21), 11)01. In Comm. vs. Seecrist 27 Su]MMior Court, 42:i, it does not appear (hat the (piestion at issue in this case was directly raised, but it may be gathered from (he record that the device was not i>er- mitted bv and contrarv to the Acts of Assemblv, to which reference was made, was on defendant's ju'emises. This he admits in his testi- mony and it is said by the <-ourt "In order to avail himself of the provisions of the act of April 27, IDO.'I, the defendant must have complied with its provisions, else the fish basket or device discovered in and on his premises as charged, was an illegal construction not warranted by any statute and violative of the provisions of the act of May 21), 11)01,' P. L. 302, which was a codifieriui(ted by (he act." The principle is enuncialed in Cooley's (Constitutional Limitations 175 that "There has been a g<'neral disposition to construe the con- stitutional provisi(uis liberally ratln'r than to embarrass legisla- tion by a const ruropagation of game and food hsh cannot be known until everv section of the act is re'id " The title sets forth the objects to be accomplished as 'follows: ford'fisii ^"^ '^''''^''''^ '''^'^^ '^''''''''' ''^ ^'^' ""''^ ^^""'^ ""''"^ ^^^* ^^^ Second: To regulate the catching and encourage the propagation of the same. Th,s would se(.n to h. sufficient notice^ to thoscrspec lally concerned that the taking of fish is subject to restrictions and No. 21. DEPARTMENT OF FISHERIES. 207 limitations, and therefore, to invite investigation of the act itself to ascertain when, where, and in what manner, the privilege can be lawfully exercised. Such investigation would disclose the fact that it is unlawful to fish for game or food fish in any of the waters of this Commonwealth in any manner except with rod, hook and line, and between certain specified dates; that a person can catch game fish during the close season in waters owned by himself with a net only and for the puri)ose of stocking other waters, or the operation of a hatchery for the artificial propagation of fish; and that the possession, even of any dead game or food fish, except during the lawful period for the catching of same, and the space of six days after such period has expired, is visited with a penalty. Third: To define the public waters within the state, meaning evidently waters open to the public generally for fishing, and which in stocking with fry from the state hatcheries, are entitled to pre- ference. Fourth: To protect the waters in the state from improper and wasteful fishing. It is significant that the word "public" is here omitted. The language is "The waters within the state" and ap- pears to have been u«<('d in comprehensive rather than restrictive sense. The improper fishing sought to be guarded against would be the same whether in public waters or those not so designated. The protection of the act is general, and I think we are justified in saying that the prohibition embraces and applies to all waters within the Commonwealth, not only those which are designated, but to small lakes, ponds and streams as well, in fact wherever fish- ing would be wasteful and improper. The title we think, when considered as a whole, clearly indicates the object and purpose of the act to be the protection and propaga- tion of fish, and is sufliciently clear to direct an inquiry into the body of the act to ascertain i\\o conditions under which game and food fish especially may be lawfully taken. It is established by the evidence and findings of the fact that the body of water referred to was a mill ])ond for many years, covers about forty acres, is located in a marshy basin, fed by springs and surface water; that no fish can reach the pond from above but can escape to a limited extent through a discharge ]vi])e into the creek below, and from thence into the North Branch of the Susquehanna river; the defendant as lessee, has for several years used this body of water as a private x>ond particularly for the propagation of carp, that he shot and killed in this i>ond as charged in the complaint, a large juckei'el, the same being a game fish. It was taken in an illegal manner and the act of ^fay 20, 1901, thereby violated. The fact that the fish was killed in a private pond or one leased by him for raising carp is no defense. And now. October 23, 1907, the Court finds the defendant, J. H. Storch, guilty of illegally fishing and taking fish as charged in the complaint; let him appear for sentence. Bv the Court, (Signed) A. C. FANNING, P. J. tlEPORT OF THE Off. Doc. In the Court of Qujuter Sessions of lA'liigli County. FISHING WITH THE HANDS ILLEGAU Some months ago five men were eouvicted before a Justice of the Peace in Lehigh County on Hie charge of having drawn off the water of a dam and taldng a number of fish by means of their bands. Tiie defendants appealed to the Court of Quarter Sessions of Lehigh County and raised tlie question whether taking fish by the hand is allowable under the law. The contention was that fish- mg implied the use of some artificial device, but the court over ruled all these contentions and refused to allow the appeal from the sum- mary conviction sustaining the verdict of the magistrate. The case is of imi)ortance because the Court takes the ground that the act of May I'D, 11)01, V. L. 'M)'2 is designed for the preserva- tion of fish and therefore in its language has taken every precaution to secure that end. As the court renmrked, if dams could be drained and fish taken by the hand from the shallow waters, there would probablv be an epidemic of clean dams. Upon the refusal of th<» Court of Quarter Sessions to grant the appeal the defendants took an appeal to the Superior Court where they surt'ered a nolle prosequi. The defendants had therefore to pay their fine of $25 each. Commonwealth of Pennsylvaiiia vs. O. J. Smoyer, Edward iNewhard, Amos Arndt, Charles Funk and William Sniover. Opinion of court upon the petition for the allowance of an appeal from a summary conviction. Tlie defendants were charged with the violation of Section 2 of the act of i>JMh of May, 1!)(H, P. L. 802, being an act entitled 'To declare the species of fish which are game fish and the sf>ecies which are commercially valuable for food and to regulate the catch- ing and to encourage tlu' proi)agation of the same,'' etc. It appears that 1). J. Smoyer, one of the defendants, is a miller, and that in order to clean the mill dam, he drew off the water of the same and after the water was taken off he caught fish with his hands, most of the fish being suckers, but ten of them being pike (the pike being a game fish under the act above referred to). It ai>pears that the fish were taken out of a jmol of water which was left aft<'r draining the dam and placed in five heaps or piles, and that all the defendants i>articipaled in the act, although which one of them caught the ten i»ike, or any of them, is not s|HMificallv stated, they all having acted in concert and divided the sjwils. :*There seems to be no dis]mte as to the facts. The iK'tition for an allocatur is carefully drawn up and avoids any denial of the facts. At no place in the jjetition whatever is it denied thnt they caught the fish with their hands, but the asser- tion is tliat the testimony before the justice fails to show that any one caught any i)ike excei>t O. J. Smoyer. hi order to move the court to grant an allowance upo!i a disjjuted (juestion of facts, the defendants should specifically deny the Commonwealth's allega- tions. Ko. 21. DEPARTMENT OF FISHERIES. m The one question in the case is, whether taking fish out of th-e water by hand is a violation of the second section of the act above referred to. It must be conceded that tire miller had the right to draw off water from his mill .dam for the purpose of cleansing same but had he the right to take the game fish found in said dam? The record raises this question very fairly, the magistrate ex- pressly in his record stated that the charge against the defendants is, drawing off' the water and catching with their hands. If I were to allow the appeal I could not state the point involved with greater precision upon the subsequent trial of the case before me. I do not think it therefore necessary to allow the appeal in order to raise the question of law involved. The defendant has the right to appeal on the refusal of an allocatur. See Thomson vs. Preston 5. Sup. C. 154; Commonwealth vs. Hendley 7 Sup. C. 35G. The appeal is in effect a certiorari and the point of law here involved i)lainly appears on the record Is catching of fish with hands a violation of the second section of the act? The section reads as follows: ''That from and after the passage of this act it shall be unlawful to fish for game fish in any of the waters of this Commonwealth in any manner, exct^pt that of rod, hook and line or with hand line having not more than thrive hooks, or for food fish with any device not specifically permitted in this act.'' The verb "fish'' is defined in the Century Dictionary — to catch* or attempt to catch fish; be employed in taking fish by any means as by angling or drawing nets. The defendants contend that the term fish means when a man uses a rod or net or a sjiear or some other device as with bait in order to catch fish. The language of the act, however, is very broad and the word "fish" evidently is intended to nu'an the catching of fish by any means other than by rod, hook and line or with handline having not more than three hooks. The word "fish" has a broader significance than fishing with any particular device. Whilst fishing with the hand may be a very piimitive ujethod, still it is covered by the act and is not unknown to those who are well versed in fish l(M'e. Whilst the miller had the right to draw otf the water of his dam he had no right to take the game fish that he found in the dam. It is true that the fish may have died if the dam had been entirely drained but the same fate awaited them in the hands of the defendants. The act is designed for the preservation of fish, and if the draining of mill-dams and the taking of game fish from the same by hand is not a violation of the act, I fear that in some cases, mill-dams will be ke]>t remarkably clean and have fre(iuent empty- ings. I am of the o]>iinon that catching fish by hand is a violation of the act. I therefore refuse the allowance of nn apiK'al. Now, January 2S, 1007, allocatur refuscnl. Bv the court, FRANK M. TREXLER. President Judge. 14_21— 1007 210 REPORT OP THE Off. Doc. After the refusal of the allocatur by Judge Trexler the counsel for the defendants took an appeal to the Superior Court. Being a criminal case it followed that Court to Pittsburg and the attor- neys in the case agreed it should go over to the Philadelphia sitting, which was held the week of December 2, 1007. The defendants failed to comply with the rules of the Court in that they did not file a paper book and the case was ended with a nol. pros. The de- fendants were therefore directed to pav the fines imposed by the Justice of the Peace, that is |25 each. THE QUESTION OF PUBLIC STREAMS. In the spring of 1906, H. J. Foster went trout fishing in the Lacka- wanna creek. He entered the stream from the abutment of a bridge erected by the State, and at no time left the water, wadiuij to fish. The owners of the land along the stream had posted notices under the terms of the act of April 14, 1905, forbidding all trespasing on their premises. Foster was arrested on suits brought by three difierent landowners and a fine was imposed by the magistrate in each case. The defendant took an appeal to the Court of Quarter Sessions and claimed that under an act of Assembly the I>acka- waxen Creek had been declared a public highway, and by the act of May 29, 1901, such streams were free for tln^*^ juiblic to fish in. The Court over-ruled the claims of the defendant and in a long opinion decided that a small stream cannot be made a public high- way by an act of the I^^gislature. To decide otherwise the Court said il would be to take i)rivate i)ropr_»rty without compensation which would be unconstitutional. The Court therefore sustained the judgnn^nt of the magistrate and ordered the defendant to pay the fines. From this decision an appeal was taken to the Superior Court at the suggestion of a number of anglers of the State who saw in the sweeping decision of Judge Purdy, if it were allowed to stand, that there would be so few public streams in the State that the anglers would have no chance to ply their vocation. The defendant Ix'ing financially unable to cairy on the suit, sub- scriptions were asked for and reVcM'ved from anglers and Fish Pro- tective Associations. The case will come up for argument shortly in the Superior Court and the result will be looked for quite anxiously by every person who is interested in fishing in the small streams of the State. H. J. Foster vs. David Hoi>kins H. J. Foster, vs. Flovd Manaton. No. 31 April Sessions. lOOG. Fine, flO, costs, |1.50. No. 32 April Sessions, 1900. Fine, ^10, costs, |1.50. DEPARTMENT OF FISHERIES. No. 33 April Sessions, 1906, Fine, |y.OO; costs, $1.50. No. 21. DEPARTMENT OF FISHERIES. 211 H. J. Foster, vs. W. F. Sherwood. These cases are appeals by II. J. Foster who is named in the transcripts as plaintitf, but who is, in reality, the defendant in above stated cases. The Justice's transcrips state: "Warrant in trespass on posted private property. Plaintiff brings suit against defendant for tresspass on Act of Assembly, an act making it unlawful to tresspass on posted private property." And this is all that appears in the justice's record to sustain the proceedings. But the counsel who represents the appellant waive all questions of informality in the record and proceedings and re- quest us to consider the cases upon their merits, as disclosed by the testimony. The cases are sub.stantially similar and our rulings upon the ques- tions involved in the first case will apply to all.* The complainant, David Hopkins, was the owner of the land upon which the alleged tresjjass was committed and, at that time, had proper notices posted thereon, in compliance with the act of April 14, 1905, under which the action was brought. The Lackawaxen Creek runs through said land and the defendant, on the 17th of May last, entered the creek at the crossing of the highway and, keeping within the banks of the stream, followed its bed (fishing) through complainant's premises. The Act of Assembly of Marcli 20th. l.-^U, P. L. 1814, page 187, the I>{ickawaxen Creek, at the ])oint in (juestion, with several other creeks, is declared a public highway, "for the passage of rafts, boats and vessels," The 23d section of the act of the 29th of May, 1901. P. L. 1901, page 302, providers: "That from and Jifter the passage of this act. l>ublic fishing .shall exist in the following waters of this Common- wealth: All waters within land owned by the Commonwealth; all waters and jiarts of waters that have been or may be declared navigable by Acts of Assembly or jiublic by common law; and such other waters made ])ublic by its owners, by grant or usage." It is cont(*nded on the j)art of the appellant: 1. That the act of 1S14, above cited, gave him the right to follow the bed of this stream for fishing purposes; 2. If. under that act, he was not so entitled, then by the 23d seel ion of the act of 1901. above quoted, this stream falls within the class of wafers therein designated as open to public fishing — as one ''declanMl navigable by Acts of Assembly" — and the right was thus given. These ])roi visit ions are denied by the complainant and the issue is thus presented. This stream, ordinarily, affords but little water, and is not sus- ceptible of — and has never been used for — the passage of rafts, boats or vessels. It has, however, been used sometimes, during freshets, for floating loose saw-logs; which method of use, accord- 212 REiPORT OF THE Oft. t)oO. ing to the decision in Derick v. Wood 15 Pa. 9, is within the pur- pose prescribed by this act. The great rivers of the State which are navigabk* by nature, are public highways at common law. The Commonwealth, having dominion over these streams, has an unquestionable right to de- clare them public highways, but this is not necessary to make them such, and the only etl'cct of such a statute is to bring the stream within the mill-dam act of the 23d of March, IHO'S. If a stream is not in fact navigable it cannot be made so by the mere passage of an Act of Assembly. "If the stream is not actually navigable, so that there is no public right of way therein, a declaration by the Legislature that it shall be regarded as navigable is a taking of property for public use; and unless compensation is made the statute will be in conflict with the constitutional provision requir- ing compensation in such cases;'' The Barclay Iliiilroad & Coal (.'o., V. Ingham, 3G I'a., 11)4; Farnham on Waters, i03. 111). With respect to the smaller streams and creeks the State grants 1(> the riparian owner the soil over which they How, without any reservation respecting them. But the property so granted is, never- theless, subject to the public easement of the use of such streams for the pur])ose of navigation, so far as they are capable of it; Kailroad c^ Coal Co., v. Ingham, supra. In such streams the public have no right of fishing; 1 Wood, Nuisance, 3d p]d. Sec. 450; Nor the right to shoot fowl; Winous l*oinl Shooting (.'lub v. Bode, L*() Ohio, C. C. 037. And the same rule is held in State v. Shannon, 38 Anrer. Reports 51)1), and in Sterling v. Jackson. 13 Amer. lieports 405. And st'e the very elaborate opinion of the Supreme Court of Washington in (Jriflith v. Halman, 54 L. K. A. 178, in the same line. In short the navigation right is a right of passage only and for all other purposes the exclusive right rests in the riparian owner. Farnham on Waters, ^'ol. 2, 1,375, &c. It ai)pears — and it is claimed as an imiH)rtant fact in the case — that under the act of the 3d of June, 181)5, P. L. 181)5, page 130, the State has recently constructed several bridges across the stream in (juestion. This act r(M|uires the State to rebuild county bridg<»s destroyed bv casual! V "over and across the navigable rivers and such other streams as have been declared ]»ublic liij^hways by the Act of Assen'blv." But we cannot see how the fact that the State autliorities have considered tlie rebuilding of these bridges a state duty under this Act of Assemblv, att'ects the question at issue one wav or the other. Fiom what precedes we conclude: 1. That the stream in (piestion is not navigable within the ac- cepted and proper meaning of the term. 2. That the Act of Assembly declaring it a highway for the pur- poses therein sjiecified gave the public no rights in the i)remises not jireviously possessed by it. 3. That the j)ublic did not possess the right of fishing in this stream before the passage of the act of 1814, and acquired no such right thereby. 4. That the stream in question does not come within the class mentioned in the 23d section of the act of 11)01, as opc^n to public No. 21. DEPARTMENT OF FISHERIES. 213 fishing; and, if it did, the act, in our opinion, would be inoji^rative to impose a servitude upon the com])lainant's premises, as contra- vening the Constitutional provision that private property shall not be taken for public use without just compensation being first made or secured. If these premises are correct it follows that, in entering upon the complainant's land, the appellant was a tresspasser, and as such, was liable to the penalties imposed by the act under which the proceedings were instituted. And so we hold, and find and enter the following judgment of conviction: Now, January 14, 11)07, 11. J. Foster, of the County of Wayne, and the State of Pennsylvania, .^'eoman, is convicted before the Court of Quarter Sessions of the Peace of Wayne County of wilfully en- tering upon land owned by David Hojjkins, on May 17, IDOG. Said land being situated in Clinton Townshii>, in the (bounty of Wayne aforesaid; printed notices having previously been prominently posted upon said land, by said owner, stating that the said land is private property, and warning all j»ei'Sons from trespassing there- on under the ix^nalties j)rovided in the act of Assembly No. 124, approved the 14th of A])v\\, 11)05, which notices remained so posted at the time of such entry by the said H. J. Foster. And it is adjudged that for the said act of trespass i\w said H. J. Foster forf<*it and i)ay a fine of five dollars, with costs (>t suit, to be distributed according to law. And in default of ]»ayment of said fine and costs, that the said H. J. Foster be committed to the county jail of said county for the period of five days, being one day for each dollar of said tine. (Signed) BY THE COCBT. UNCONSTITUTIONALITY OF ACT DUE TO DEFECTIVE TITLE. The last Legislature passed an Act which was approved Man'h 14, 11)07. which was first introduced for the purpose of aniending Section 2 of the Act of May 20, 1001. so as to allow the taking of yellow perch and pickerel by means of tijmps through tlu' ice, the number of tipu]^s not to be limited but the amount of fish which could be taken by any one fisherman in any one day shall not ex- ceed twenty pounds. While the bill was before the Legislature it was amended as follows: "Any person violating any of the provisions of this section shall be guilty of a misdemeanor and on conviction thereof shall be sen tenced to pay a fine of not more than twenty-five dollars: Provid<"d, that 'rod, hook and line,* in this act shall mean the manner of fishing and not the number of rods used." These two amendments were not noted in the title of the act as il passed finally. May 10. 1007, Charles Jones was arrested for using a device contrary to the provisions of the Act of May 20, 1001, lie waived a hearing under the act of March 14, 10t)7, and was held 214 REPORT OF THE Off. Doc. to court under tlie provisions of that act making the case a mis- demeanor. Before tlie case came to trial the District Attorney noted the defect in the title of the act in that it gave no notice of changing the proceedings under the original act. He therefore iiiovod the court for a leave to enter nolle proseipii because of the unconstitutionality of the act. This leave was granted and the prisoner discharged. The following is the record of the court: Commonwealth vs. Charles Jones. The Act of March 14, 1007, so far as it attempts to change the method of proceeding from a summary procecnling, triable^ befor^ a Justice of the Peace to a misdemeanor, triable before Court and Jury in the Quarter Sessions, is unconstitutional, there being noth- ing in the title of said Act which gives notice of an intention or pur- pose to make such change. Constitutional Law— Summary Proceedings— Court of Quarter Sessions — Misdemeanor. No. 29, June Sessions, 1007, Q. S. of Lycoming countv. W. H. Spencer, District Attornev, for* plaintitT. Nol. pros. grant<'d July 1, 1007. WM. W. HART, P. J. INFOKMATION. State of Pennsvlvania, Countv of Lvcoming, -ss: Personally appeared before me, an alderman in and for the Citv of AVilJiamsport, county aforesaid, J. W. Criswell, State Fish War- den, w^ho, after being duly sworn according to law, docs depose and say that one Charles Jones did, on or about May 10,1007, at the city of Williamsport, county aforesaid, on the West P>ranch of the Susque- hanna river, the sanu^ being one of tire waters of the Common- wealth, use an illegal device not siiecifically ]>crmitted in this act, to wll : a dip net more than five foot s])rcad,'all of which is contrary to the Act of Assembly apj)roved May 20, 1001. Sworn and subsciibed before me this 10th dav of Mav, 1007, J. W. CRISWELL, State Fish Warden. HENRY C. KELLENRACIT. Alderman, Commissi(m expires Mav '^, 1009. Commonwealth v. Charles Jones. Def(^ndant waives hearing May 10th, 1907, and held in f 100 bail for Jiim> Sessions, 1007. And now, July 1, 1007. comes W. H. S])encer, District Attorney of said county, and moves the court for leave to enter a nolle proseq')i in the abov(> stated case for the following reason, to wit: Kecause the Act of Afarch 14, 1007, under which the prosecution in this case was. instituted, at least so far as it attempts to change ih- method of proceeding, from a summary proceeding triable before a Justice of the Peace, to a misdemeanor triable before Court and No. 21. DEPARTMENT OF FISHERIES. 215 JuTy in the Quarter Sessions, is unconstitutional, there being nothing in the title of said Act which gives notice of an intention or jMirpose to make such change. W. H. SPENCER, District Attorney. And now, July 1, 1007, leave is granted to enter nol. pros, as prayed for. BY THE COURT. POLLUTION OF STREAMS. The question of pollution of the streams is one of the most important that the Department has had to face. Constant com- plaints have been received of the destruction of fish by deleterious matter which has poured into the streams, especially from manu- facturing establishments. The Department has endeavored to secure legislation upon the t?ubject, but has been unable to secure the passage of any bill that squarely meets the question. There is a provision in the act of May 20, 1001, P. L. 302. which prohibits tire running of certain sub- stances into the streams. From Montgomery county came a complaint that the proprietor oi a dye works was discharging i>oisonous substances which finally found their way into a stream. Suit was brought before a magis- trate and the Department showed by testimony that the substances which were discharged from the mill in cpiestion were poisonous and that th(\v reached the stream and killed the fish. The charge was brought under section 20 of the act of lOOl and the magistrate found the defendant guilty and fined him |100. An appeal was taken to the Court of Quarter Sessions* where, after a hearing, the Judge dischai'ged the defendant on the ground that the provision in question did not ai)i)ly to him. An appeal was then taken to the Sujverior Court which reversed the word of the Lower Court and sent the case back for trial. The opinion is an important one inasmuch as that it decides that the act in question is a valid one if it can be shown directly that substances discharged from an establishment and which finally reach a stream, are poison- ous. It also is important from the fact that it says specifically that in cases of appeals from summary convictions the court should hear the case upon evidence adduced before it and then determine whether the evidence bore out the information. The defendant took out a writ of certiorari to the Supreme Court which was not granted by the Tapper Court and the case would therefore have come up for trial, but unfortunately th<' de- f'Midant died. In the Suj)erior Court of Pennsylvania. Commonwealth y, Edmund I. Immel. Appeal from order of Quarter Sessions of Montgomerv countv. No. 141 October Term. 1000. Filed April 1."), 1007. Rice, P. J. The defendant was summarily convicted befoie a justice of the peace of violating sec. 20 of the act of May 29, 1901, P. L. 302. 216 REPORT OF THE Off. Doc. magistrate, annulled the rnt,.n,I ,1 '^>" I"«ceedings before tlie The court held, „ an opinion Hied ""''./'f ''••"S^l tho defendant, "that the defendant's acCa^e not omftr rv'toThi^n"'''''''?""* J"'^^'"' seetion nnder whioh he was eon ioted '' Vhe i /'"''f '°''" "' "«■ the h-arned jud-'e are not «,,,!. The acts referred to by adduced at a tHa or lieaii L' th? '"'7 established by evidence "o trial or hearing here nm,t{,en' •';*'■'' .''""'''''"-f"'' f'"^^''" «"« the inforn,ation atd n tl.e'e id,^oe'^d, frn".* V" "''^ «"*■«"" ■» th.- peace as shown by h rt.-anscrint uZl ^f?'! ^""^ •>"«♦'"■ "' the information was t lit tlw"^t I , ? ^' *'"*'''^' *••<■ ''""«<■ "' Placed or disch rgVd i, 'o he wufrrof'H.e'V!'""'""-^' ''"" ^^"^"">- into l>eisher-s run whicl^'nw.ths into thVlj^ "'!',' -n "'■''''*''• *" ^'t' poisonous substances consi" imr . f ,?, ' ^•'^"•^•""" ''iver, "c.-rlain potassiuin, sulnhate of coonm ^«, L '^ substances, bichromate of oon.binations of said subs c;>."'^\"".h"'''* u"i "*''"' i>^'^""»»>^ evidence given before the "ti ce of 'tl ^'i *'"' "a-'seript. the was to the elfeet that tlu/^t.f 1 ! '",''"'•' '''^'''*"'<' *« »'« cliarge Uvoworks: tttt t, e .y ^,1 X f o," "V"' ^V^''^''^' "^ «™""«fe from these pits into Delshef nr." h'V:,"'''^ """'* '"f" !'"« ">"' this place cintained poiifnons ,?,.».,' *'"' '"'""'" ">"'"'>f ''»'" line, chromine, sulpha t e of "onorM ch nv- J' ?""'« "'''''' ^^■^''•«' "«"!- hydrochloric acid d otl ,?^ h«t^ "'^ u '"T"''' «"'l'huric acid, Joes, .-hMtri.'i, v. ,;^'S ,; r with i^T\' ""■"v'-V-""-, torpe- ous substancs"- or to , , , '« o, . ' ^"''' "^ ''xplosive or [Hiison- vxc.pt for en nne M h, ' , n ,r *'"^'**""<-<'s '" '"".v »at«'-'s whatevr, given th..r,V;; . r, : 7'.;;,'!'," «r,tten pennission has 1 n or officials. .\n»^ 'rs, vio , in! . ' Tn'' '"•" "'' '"""*>■ "«i'!«" .-all on convicthu', th:"eoVt Z^dfn t.t'i:m"^'Tt'r ""VV* n-S iiTtL^'o^n:^/;-, ^r-<>'«-<^ «'oi,ar^;;;/r:p-:L":ni:;'vr'sL^ violation of thi. J"t ".^ V w "','" *'"■ '"■"'"'•^- f"-" section is broad e,mu! b Jo co .^ '-"f '"" '^•"K"»K'' "f • -f •■>I>pIv. It is uiineces'^1 iv I w ' ' ''' I"'es'ribed does not enssion of tlia i esho, ' fo u' "i '" f." """ "">' ''^''■"'^"'^ oison- ous or explosive substances "for the purpose of catciiing or taking fish." The omission of the (juoted words from the clause of sec. 26 of the act of 1901 relating to the specific act of placing such sub- stances in the waters of the Commonwealth is significant. A con- sideration of this omission in connection with the express mention of the exceptional circumstances in which they may be placed in such waters dispels reasonable doubt that the omission was in- tentional; and tliis is a conclusive reason why the courts should not add a qualification to the prohibition which the Legislature deliber- ately discarded in i**»vising the law upon the subject. Upon com- parison of the 2r)th sec. of the act of 1901 with the act of 1895, which it sup])lies and supersedes, it will be seen that the former is much broader in its scope tlian the lattc^r. It prohibits, first, the use of certain substances for the i)urpose of catching or taking fish, but as that would not fully accomplish the object the legislatun' had in view, there was added a ])rovision ngainst an act with respect to the same substances, which, though not committed with iho specific purpose of taking or catching fish, would be destructive of them. We cannot agree that this construction of the section brings it into conflict with sec. 3, art. 3 of the constitution. In determining whether an act contains more than one subject, regard must be had to the object to be attained. The constitution does not require every end and means necessary or convenient for the accomplish- ment of one general object to be provided for by a separate act relating to that alone. Provisions, though numerous and diverse, 15 218 REPORT OF THE Off. Doc. which immediately lead to the accomplishment of that object are cognate to the subject of legislation and therefore form part thereof; Koad in Phoenixville, lUl) I'a. 44; Commonwealth vs. Jones, 4 Pa. Superior Ct. 3G2; Commonwealth vs. Kenny, 32 Pa. Superior Ct. and cases therein cited. The subject must be clearly expressed in the title, but, as has been declared repeatedly, it is not required by this constitutional provision that the title be a complete index to the contents of the bill, for this would make legislation too difficult and bring it into constant danger of being declared void. If the title expresses the subject so fully and clearly as to give notice of the legislative purpose to those who may be interested therein, and in the specification of the means whereby the general object of the act is to be attained is not deceptive or misleading, it will, in general be sufficient. The title of the act in (juestion gives notice that the legislation is not confined to Avasteful fishing nor to the regulation of fishing, both of which branches of the general subject are mentioned, but that it relates also to the encouragement of the propagation of food and game fish generally, to the encouragement and regulation of the artificial propagation of them by the State Fish Commissioners, and to the distribution of the same in the waters of the Commonwealth. True, the title does not specify the measures adopted to encourage the propagation of food and game fish, but it is a matter of common knowledge that to prevent the pollution of the waters they inhabit by poisonous substances would tend directly, and as efi*ectively as any measure that can be sug- gested, to the accomplishment of the object to be attained. Any one reading the title, and having regard to the subject of legis- lation expressed therein, would naturally be led to suppose that the act might, and probably would, contain some provision against an act so plainly inimical to the propagation and protection of game and food fish that inhabit the waters of the Commonwealth. To hold that the title is invalid because it does not particularly si)ecify this provision would not be sustained by the interpretation of section 3, art. 3 of the constitution which 'has been generally recognized and followed heretofore or which is necessary to the accomplishment of the beneficial purposes for which the consti- tutional provision was adopted. We are of opinion that the title is sufficient, and that the act does not contain more than one subject within the meaning of the constitution. Upon the question of the interpretation of the word "place'' the learned judge below expresses the opinion that it 'is to have its ordinary signification, implying a direct act or an act from which a result would directly flow." If by this is meant that the poisonons substances must pass directly from the hand of the accused or his agent or servant into the stream, we cannot assent to this inter- pretation of the word. It may be safely assumed, and we so hold, that it contemplates not every negligent or inadvertent act no matter how remote, but an intentional act proximately connected with the introduction of the poisonous substances into the stream. But m proving the commission of the prohibited act it is not neces- sary to prove that the accused was impelled thereto by an evil naotive to destroy the fish. Intent and motive are two different thmgs, and it is a general rule of frequent application that that a sane man is presumed to intend the necessary or the natural and No. 21. DEPARTMENT OF FISHERIES. 219 probable consequences of his voluntary acts. If one, though engaged in a lawful business, intentionally, and with ability to foresee the result, discharges poisonous substances employed in his business in such a manner and in such close proximity to a stream inhabited by game or food fish that in the ordinary course of things such poisonous substanc(»s must and do flow into the stream, the tribunal trying the case would be justified in inferring that he intended the necessary or the natural and probable consequences of his act, and hence that his act was a placing of poisonous substances in the stream within the true intent and meaning of this section of the statute; and this too although his prinmry purpose was not to take or destroy the fish inhabiting the stream. It follows from the foregoing construction of the section that the court erred in holding that the facts alleged by the Commonwealth as above recited, and the legitiniale inferences, which in the absence of explanation or countervailing testimony could be drawn there- from, would be insufficient to sustain a conviction. Therefore the motion to quash the proceedings before the justice of the peace should have been overruled and the case heard upon such evidence as the Commonwealth and the defendant saw fit to adduce. The recoid must be remitted for the purpose of a hearing in accordance with the foregoing suggestion. The order is reversed and set aside, and the record remitted with a procedendo. MORRISON, J. dissents. FISH BASKET WITHOUT A LICENSE. Two men were arrested in Bradford County for fishing an eel basket without a license. They were convicted before a Justice of the Peace and took an appeal to Court whicii was afterwards stricken off. The defendants claiming to have been mislead by the Act of Assembly were i)ermitted to sue out of a writ of certiorari. They set up as a defence that there was no penalty for taking eels, under the act of April 27, 1903, P. L. 319. As this had been ruled on by the Suj)erior Court, the Court dismissed the exceptions and sustained the judgment of the magistrate. The following is the opinion of the Court: Commonwealth vs. ^fahlon Johnson Ki chard Ha ins worth 1 In the Court of Quarter Sessions of Bradford County. Charge, Illegal Fishing. An appeal was taken in this case without allowance by the Court which was subsequently stricken off. The parties claiming to have been mislead by the Act of Assembly, were permitted to sue out a writ of certiorari. After the filing of additional exceptions and several continuances, the matter was taken up for argument. The defendants were each convicted before the magistrate as charged in the complaint, the finding being as follows: "And now, October 5, 1905, after hearing the sworn proofs, allegations and arguments of counsel, the defendants are each convicted of fishing with an il 220 REPORT OF THE Off. Doc. legally eoiistructod fish basket with wiug walls, and without a license for the same in the Chemung river of the public waters of this Commonwealth in Bradford County, Pennsylvania on Septem- ber 1>«, 1t (H^ls were caught, but this would not under the decided cases justify defendants. They were fishing, as found bv the magistrate with a device not permitted by law, an illegal construction. The basket described in the complaint did not meet legal reciuirements in that it was made of wire screens with small meshes, and with only a part of the bottom movable. The fact that fish other than those designated as game and food fish were caught, would not relieve the defendants from liability. In (/ommonwealth vs. Geo. Kenny and H. J. Humma, 32 Superior (\inrt Report, it was said, ^'To admit the use of an unlawful device, and at the same time contend that the act was not violated because the fish taken were not of the species of game and food fish, is not consistent with the doctrine of the decided case." Defendants were convicted of fishing with an illegally constructed basket and without a license. This was not allowable under the ix^rmissive act of 1903, the require- ments not having been complied with and as held in Cora. vs. r^'J^.f^F^'l}'''' ^''"''* ^^^''^ 423, punishable under the act of May 29, 1901, P. L. 302. Under the authorities cited, we think No. 21. DEPARTMENT OF FISHERIES. 211 ^ this conviction must be sustained. The remaining exceptions relate to the alleged illegality of the arrest. These, as shown by the record, are without merit. And now, March 18, 1907, for the reasons above given are more fully set forth in an opinion filed March 16, 1907, in the case of Com. vs. J. E. Allen involving the same questions, the exceptions ai^e hereby dismissed. Bv the Court, A. C. FANNIX(i, V. J. Opinion filed April 3, 1907. The Court alluded to the opinion given in the case of J. E. Allen wherein the Court went more fully into the law and rulings of the Upper Court. After the Court dismissed the case against Allen the defendant's counsel took an appeal to the Suiterior Court where it is now pending having been argued. Commonwealth vs. J. E. Allen In the Court of Quarter Sessions of Brad- ford County. So. ILLEGAL FISHING. An appeal was taken in this case w ithout allowance by the Court A'hich was subsequently stricken olT. The parties claiming to have been mislead by the Act of Assembly were permitted to sue out a writ of certiorari. After the filing of additional exceptions and several continuances, the matter was taken up for argument. By Act of Assembly, the catching of eels is made lawful by the use of fish baskets provided, inter alia, "That every basket so used shall be made of slats, not less than one-half inch apart, with a movable bottom, which shall be taken out of each basket, so used, at sunrise, and be kej)t out until sunset." The complaint arers that tlie defendant, at the County of Brad- ford on certain dates, in the Chemung Biver of the public waters of this Commonwealth did * * ♦ Unlawfully fish with a fish basket and wing walls in the said waters, and did use and o])erate the said fish basket for the taking of eels, and did therewith actually cat( h one or mon* e(ds, the said fish basket being illegally and un- lawfully construct(Ml and not in ac(»ordance with the nMpiirements of the law, the same having, in the place of slats, and movable bottom, wire scrcMMi of very small meshes, to wit, about one-half inch S(juare, and part of said bottoms even as described being solid and immovable, all contrary to section one of the act of A])ril 27, 1903, P. L. 319. Of this ofl'ense. the defendant, after hearing was convicted and sentenced to pay a fine of .^2.") and costs of prosecu- tion. The exceptions filed are as follows: First. The Justice did not have the jurisdiction of the parties dl^fendants, as the record does not show that the parties were brought into Court by any legal process, or any process whatever. Second. The record of the Justice pur|>orts to show, that the defendants were convicted and sentenced for violation of Siections one and two, of the Act of April 27. 1JH)3. P. L. 319; Whereas there 222 REPORT OP THE Off. Doc. is no penalty prescribed under these sections for catchiuir eels- therefore the Justice did not have jurisdiction to try, convict and pass sentence upon the defendants. of^M^'v'^^o Tnnf T^ n7'f^^ prescribed by Section two of the Act of May 29, 1901, P. L. 302, for catching eels. The additional exceptions are as follows: The said defendant further excepts to said proceedings in that the commission of ^V. E. Shoemaker is defective and gives him no authority to arrest in the County of Bradford. That he acted with- out authority in making the arrest of the said defendant, and there- fore the Justice did not have jurisdiction to hear and determine the said cause That there is no penalty imposed for taking of eels ?nl fn ' lV^^^^^''"t \^ "ot charged with fishing or attempting to hsh for anything except eels. The first exception is untenable for the reason that (he record Shows that the defendant ai)iK'ared in Court; that the complaint was read to him; that informalilies of issuing warrant were ^^?JUved by the attorney, a data fixed for hearing by agreement, at which time he ai)peared with counsel and the case was heard with the remit stated. The defendant is in no position to object that lu. was not brought into court by regular process. One of the additionarexceptions is to'the effect that tho com- mission of \\. L. Shoemaker is defective and gives him no authority to make arrests in the County of Bradford. There is nothing on the recoro to warrant the Court in so holding. Furthermore, a?ter the waiver made, and the hearing at which he voluntarilv appeared the want of authority in Mr. Shoemaker to make the arrest would not be ground for setting aside (Iw^se preceedings. The remaining exceptions are to the efTect that there is no penalty prescribed for catching eels. It is true, as contended bv counsel, that the penalty prescribed by Section 2 of the Act of 1901 for the illega taking of game and food fish, cannot be im])osed for the un- lawful capture of (M>Is, they not being designated or classified as such. Ihe Acts of Assembly declare in what manner fish mav be taken from the waters of this Commonwealth, and the use of any other method, device or api)liance for that puri)ose is unlawful. Such IS the interpretation given to our Acts of Assembly bv the Superior Court of this state. Comm. vs. Seacrist, 27 Superior Court Report 42.3. Comm. vs. (Jeo. Kenny and H. J. ITumma, 32 Superior Court B(>p(,rt. In the latter case fishing with several lines attached to umbrella bows by means of which suckers only were caught was held to be unauthorized and punishable. It was there said' "To admit the use of an unlawful device and at the same time contend that the act was not violated because the fish taken were not of the si>ecies of game or food fish, is not consistent with the doctrine of the decided case." The first section of the act of April ^7 1903 permits the catching of eels between August 2r,th and December 1st' subject to certain conditions, by means of fish baskets with wing walls, and every basket used to be made of slats not less than one- Half inch apart, and with movable bottoms. In the case at bar it appears that the bottom was constructed of wire screens with email meshes instead of slats and in part immovable. It was a No. 21. DEPARTMENT OF FISHERIES. 223 trap for every kind of fish that came down the stream. The re- quirements of the act authorizing the use of fish baskets had not, as found by the magistrate, been complied with, therefore, fishing with this illegally constructed device was unlawful and the defend- ant thereby subjected himself to the fine imposed. This conclusion is warranted by Comm. vs. Seacrist, Supra. There the defendant was convicted of using a fish basket Without taking out its bottom at sunrise and keeping it out until sunset, and for using the same without having taken out a license, and in the disposition of the case by the appellate Court, the basket was characterized as "an illegal construction not warranted bv any statute and violative of the provisions of the act of May 29,^1901, P. L. 302." It was also stated "No penalty is fixed for the violation of the provisions of this act of 1903, but none is necessary inasmuch as the whole appliance or device would be an unlawful construction and punishable under the act of 1901, unless the terms of the act of 1903 were observed. Eels may be caught in a basket only when the kind of basket defined in the act is used and when the prescribed license is procured." In the case last cited, as in the one at bar, the magistrate imposed a fine of .^25. and it was held "that the judgment was entered and sentence imposed in strict conformity with Section 38 of the act of May 29, ]9t)l, V. L. 302. * * The complaint was a specific charge of maintaining and using a fish basket, a device not permitted bv and being contrary to law." The cases cited, as we understand them, are decisive of the question here raised, and binding upon the lower court, Comm. vs. Seacrist, Supra, was followed in Comm. vs. Shupp, 32 C. C. R. 178 by Terry, P. J., in a well considered opinion, and a fine of |25 im- posed for using an illegally constructed fish basket. And now, March 16. 1907, the exceptions are hereby dismissed. By the Court, A. C. FANNING, P. J. FISH BASKETS MUST CONFORM TO THE ACT. T. B. Lucky was convicted before a Justice of the Peace in Monroe County for having a fish basket which did not comply with the act. The defendant appealed to the Court under the act of 1905 granting the defendant the right to appeal to the Court of Quarter Sessions. The Commonwealth asked that the appeal be stricken off on the ground that the act of 1905 was unconstitutional, it having been so d(H'lared bv several County Courts. Judge Staples took the other side and declared the act to be con- stitutional when the Commonwealth excepted. In the Superior Court to which the appeal was taken it was decided that the act of 1905 was unconstitutional and the case was sent back to Monroe County Court. Tender the ruling of the Super- ior Court the Lower Court quashed the appeal taken under the act of 1905 but granting an ai>peal nunc pro tunc in the following opinion; J 224 REPORT OF THE Off. Doc. No. 21. Commonwealtl. , '^Mon,!;" Count ^"'*'''*'" ^'''''"" °' **'*' ^'''^"' "^ VS. [ ^ ' T. 13. Luckv I ^ J No. 15. DEPARTMENT OP FISHERIES. 225 Of December Term, 1905. Opinion. ^ In accordance with the opinion of Mr. Justice Porter of the Supreme Court in the above case, appealed to said Court to No. 6 January Term, lUOT it is our duly to quash the appeal taken in the same, for the reason that the said appellate court has decided the Act of April '22, iy05, P. L. 284, giving to the defendant upon con- viction in the case of summary conviction the right of appeal to the Court of Quarter Sessions of the Peace without an allocatur is unconstitutional. Mr. Justice Porter iu his opinion stated that it was unconstitutional for two reasons. First, that by Article V, Section 14 of the constitution of the State of Pennsvlvania, the right of the defendant in a case of summary conviction to appeal was re- stricted and could only be allowed by an appellate court. Second that the said act ottended against Article III, Section 3 of the con- stitution, in that the title of the same did not clearly express its subject. It is not the province of this court to criticize the opinion of the highest court, nor would it serve any good purpose in the present case, because the court below is in full accord with the second reason given as to the unconstitutionalitv of the Act. If this phase of the case had Immmi brought to the attention of the Court by counsel for the api)ellant at the argument, or thereafter it would have so held, but it was not in any way called to the court's attention. It is immaterial whether the act is unconstitutional or not, as to the other i»hase, and if there were nothing more in the case, the appeal would be (|uashed. The defendant, however on the 11th day of November, ]JI()5, presented a petition to this court for an allowance of appeal nunc pro tunc upon which petition a rule to show cause was granted, and on the 15th dav of October PJOG a petition for leave to amend the original petition was presentcul to said court, upon which also a rule to show cause was granted Tlu^refore, under these petitions, is the defendant entitled to an appeal nunc pro tunc? Under the provisions of the act of April 17, 187G, P. L. 20, this petition for the appeal should have been presented and allowed within five days after judgment of the justice of the peace No petition having been presented within that time, and no appeal having been allowed, has the defendant shown such cause as would entitle him to an app^^il nunc pro tunc? It is contended bv the Commonwealth that his failure to have the appeal allowed within five days should prevent the allowance of the appeal nunc i)ro tunc. The defendant in his petition, in the opinion of the court, gives such an explanation or excuse for his failure to take the appeal within the five days as would be sufficient to allow the ai)peal nunc pro tunc if good cause for the same be shown in other matters The defendant, taking it for granted that he had the right to pro- ceed under tlw act of April 22, 1005, P. L. 284 took his appeal as a matter of right, without an allowanc<' bv the appellate court As It appears he was misled by the act. llie same practically having f.i been declared unconstitutional by the Superior Court. It is not a case where the defendant simply alleged ignorance of his right but where he and his counsel were misled bv an act of Assembly' It would be unfair to deny him an appeal \k this case, because it was only natural for him to have been misled, the court itself having adopted the view that the defendant had the right of appeal of course, under said act. The court taking this view of the matter as to the time, does there appear among the records and the petition sufficient cause to allow the appeal? Considering the case relative to this phase of it, in connection with the evidence reported by the justice of the i>eace, the petition and the amended petition the court IS of the opinion that sufficient cause is shown. The defend- ant specifically denies the facts upon which the justice founded his judgment, and if he should convince the court bv testimonv upon the trial of the case, of the facts alleged bv him in his amended petition, It would feed constrained to acquit him of the olTense charged. ^Vithout commenting upon the manner in which Justices of the Peace arrive at their opinions in cases of this kind, bv reason of a lack of ju-opei- conception of their dutv in the premises we feel that there was sufficient doubt in the case, under all the evidence as to the justness of the judgment of the justice of the peace And now, November 80, 1906, for the reasons above stated, the rule to show cause why the appeal should not be allowed nunc pro tunc IS mad(» absolute and appeal allowed. By the Court, C. R. STAPLES, P. J. After the hearing of the appeal the Court announced that under the aw as defined by the Superior Court the defendant was tech- nically guilty, but goes on to say that in view of all the elements in the case he suspended sentence and directed that defendant be discharged on payment of the costs. Commonwealth vs. T. B. Luckev. In the Court of Quarter Sessions of the Peace of Monroe County. Of December Term, 1905, No. 15. Summarv Conviction. Opinion and Judgment of the Court. Under the law as defined by the Superior Court in the case of Commonwealth vs. Seacrist, 27 Super. 428, we find that the defend- ant was technically guilty of a violation of the Act of Mav 29, 1901, P. L. 802, and that the act of April 27, 1908, P. L. 810, which made it lawful to catch eels in the waters of this Commonwealth by the use of fish baskets with wing walls, bv a person having a proper license therefor, did not permit the defendant to fish or use in the waters of this Commonwealth any other kind of a device or basket, or in any other manner than that provided for bv said Act of 1008, and we state for the information of the public that the placing of a fish basket in any stream of this Commonwealth, the slats of which are not one-half inch apart while in said stream, and which fish basket does not have a movable bottom is every part or division of the same, and which movable bottom is not re- 15—21—1907 226 REPORT OF THE Off. Doc. moved between the hours of sunrise and sunset, violates the act of May 29, 1901, P. L. 302, and is liable to conviction and punish- ment for said violation. And we further hold that the placing of said fish baskets in the stream contrary to the provisions and regula- tions as above stated is a violation of the statute, whether the offender actually fishes with the basket or not. We make this state- ment so that the public may be informed of the provisions of the act as construed by this court and in the future, govern themselves accordingly. Although we find the defendant guilty of a violation of the said act, we are of the opinion, after having heard all the testimony in the case that he was not wilfully a violator. He had taken out his license under the act of April 27, 1903, and was fully of the belief that he was not a violator of the law. The very fact of having applied and paid for a license to use a fish basket was an evidence of good faith, and since there has been such a difference of opinion among judges as to whether or not the use of fish baskets was a violation of the Act of May 29, 1901, laymen ought hardly to be responsible for their mistaken interpretation of the law. Taking this view of the matter it is hereby ordered and directed that upon the payment of the costs in this case, the sentence be suspended and the defendant discharged, February 19, 1907. By the Court, C. B. STAPLES, P. J. OFFICIAL, DOCUMENT. No. 21. INDEX. i Page. Algae Nuisance 36,63,166 Auxiliary Private Hatching Stations 65 Aquarium for Philadelphia, 73 American Fisheries Society 75 Applications filed 84 Arrests, 171 Appeals in Summary Convictions, 200 Board of Fishery Commissioners, 1 Black Bass Season, 22 Black Bass Work 37,124,148,153,167 Brown Trout, 50 Bellefonte Hatchery 58 Boats for Field and Patroling Work 71 Bellefonte Hatchery, Report of 105 Commissioner of Fisheries 1 Cut Throat Trout, 24,126 Commercial Fisheries in I^ake Erie 26 Culture of Trout 34 Carp 47 Corry Hatchery 56 Crawford Hatchery 61 Commercial Trout Hatcheries and their Surplus Eggs 67 Cumulative Fines 82 Corry Hatcliery, Report of 88 Crawford Hatchery, Report of ;.. 152 Chief Warden , Report of 171 Dams 76 Death Among Young Trout 65 Defective Titles 213 Erie Hatchery 57 Expenditures 86 Erie Hatchery, Report of 97 Erie Auxiliary Hatchery, Report of 147 Fishery Commission Report 7 Fishing Season 21 Frog Work 43. 90. 97. 107. 12."). 138, 156 Fresh Water Terrapin 69 Field Work 70 FMsh Car 72 Fish Protective and Fishery Societies 74 Federal Control of Waters 75 Financial Statement 86 Fines Imposed 171 Fishing out of Season and Two Fines 193 Fish Only Taken by Methods Specifically Permitted, 197 Fishing with Hands Illegal 208 Fish Baskets Without a License 219 Fish Baskets must Conform to the Act 223 German Carp 47 Hybrids between Brook and Brown Trout 55,91 In-memoriam 3 Important dams 76 Judicial Interpretation of Laws 191 letter of Transmittal '5 Lake Trout 24.127 Lake Erie Commercial Fisheries, 26 Legislative Fishery Commission 73 Labor Problems In the Hatcheries 78,165 Legislature and Fish Laws 80 License Moneys Collected at Erie 101 Mussels 68.166 New Work 68 (227) 228 REI'ORT OF THE Off. Doc, North American Fish and Game Protective Association New Species of Fish Outputs Office Work ".'.*.'.*.*.'.".'. .' Powell, Walter L., In Memoriam, ...V Pickerel Planting Minute Fry Hatched From Jars . Pollution Protective and Fishery Societies, Private Auxiliary No. 1, Report of, Private Waters Under the Law Public Streams [ Report of Board ■.................[...[... Report of Commissioner of Fisheries Rainbow Trout , » Relations between United States Government and States Recommendations, ' Receipts and Expenditures, Report of Hatchery Stations, ."..." Report of Corry Hatchery, Report of Erie Hatchery, Report of Bellefonte Hatchery Report of Wayne County Hatchery Report of Torresdale Hatchery, Report of Erie Auxiliary Hatchery 1 Report of Crawford Hatchery Report of Spruce Creek Hatchery Report of Private Auxiliary No. 1 Report of Chief Warden .' Superintendents of Hatcheries Sunfish '.'.'.'.'.'.'.'. Salmon Work !......!....!.!... Silver Salmon, Shad Work ".'.". ".".".'.'.".'.'.".'.'.'.'.'.". '.'.'.'."". Sucker Propagation , Smelts ".'.*.'.'.*.'. '.'.'.'.'.'. Spruce Creek Hatchery Surplus Eggs from Commercial Trout Hatcheries ..... .. Sportsman Show ', Sore Throat among Trout Spruce Creek Platchery , Report of Transmittal, Letter of Trout Season Trout Fingerlings vs. Yearlings for Planting! Trout Culture, " Torresdale Hatchery Terrapin , Fresh Water Torresdale Hatchery, Report of Two Fines Union City Hatchery .........]...[.. Wall-eyed Pike, ' White Fish in Lake Erie Water Pollution . . . . . ......... , Work on the Hatcheries . . [[[ Wayne Hatchery Wayne County Hatchery, Report of, ....................... Work on each Warden and Officer ". Yellow Perch Page. 75 99 18 83 3 25,122 30 32,21S 74 170 201 210. 7 17 51 79 85 86 88 88 97 lOS 121 132 147 152 164 170 171 1 24,53.155 44,117 45 46,137 52,125 54,136 62 67 83 8S 164 3 21 27 34 61 9» 132 193 61 23.127 25,133 32 65 59 121 172 25,123,133 f END OF YEAR «k-.