Author: Pennsylvania Dept. of Fisheries Title: Report of the Department of Fisheries of the Commonwealth of Pennsylvania Place of Publication: Harrisburg Copyright Date: 1912/1913 Master Negative Storage Number: MNS# PSt SNPaAg239.7 1912/1913 f.7^'^ ^M THE LA^HtVtATOVLl^ct ■^r:^,7:""J ^^K^€^^ Cabinet for Public Schools. » • • » COMMONWEALTH^OFPENNSYLVANU^ Report of the Department of Fisheries From December 1, 1912, to November 30, 1913 HAERISBURG' PA.: WM. STANLEY RAY STATE PRINW-R 1914 COMMONWEALTH OF PENNSYLVANU r;il)iri<'t f-ii' Pulilio Sfhools. Report of the Department of Fisheries From DeciMnber 1, l^^l-^ ^'' November :^0, 191:^ HAmU^lUTim, PA.: 1914 INTENTIONAL 2ND EXPOSURE t « , ■ < « , ' ■ I • • < t € • ; I « . • . t 1 « I <« «< Cl ',€ •••« • < c t< ccf'atta"! c f II f I • , t I , I C I'll 1 I , ■ , I ! ■ , 1 1 ' • 1 1 I • t • t It I --r^//,^ OFFICIAL DOCUMENT. No. 21. COMMONWKALTH OF PENNSYLVANIA, DKPAKTMENT OF FISHEIUES. COMMISSIONEK OF FISHERIES. N. R. BULLER, Office, Hairisburg. HOAIU) OF FISHERY COMMISSIONERS. JOHN HAMBERGER, Erie. HENRY 0. COX, Wellsboro. W. A. LEISENRING, Mauch Chunk. JOHN C. OGDEN, Johnstown. SUPERINTENDENT OF HATCHERIES. CORRY HATCHERY, No. 1, William Buller, Corry, Pa. ERIE HATCHERY, No. 2, P. H. Haitman, Erie, Pa. BELLEFONTE HATCHERY, No. 3, Wm. F. Haas, Bellefonte, Pa. WAYNE CO. HATCHERY, No. 4, G. W.' Buller, Pleasant Mount, Pa. TORRESDALE HATCHERY, No. 5, J. R. Beikhous, Torresdale, Philadelphia. B'^l>i'01>;^';^tim»s tor the two years beginning June 1, 1913, and ending May 31, 1915. This certainlv is an unfortunate state of affairs as it left the Legislature without' any guide as to the needs of the Department, except, ot course that the Commissioner did present much data, but it was im- possible to do so as clearly as it was set forth in the annual re- ^""as mentioned in the report for 1912 the Department resolved to consolidate the work of the Department to those hatcheries w-hich weie best fitted for the work they had to do, and then to proceed to reconstruct the old ponds and build new ones of the most substan- tial ,,,,,1 pem.nnent character, i.rincipnlly with re-enforced concrete :uM\ add to this, hatching houses built of concrete and steel, and even the troughs built of the snnie material, so that ^l^^-^y /"^^y^l uo longer set in as in the case of temporary structnves. While the work was of such chpiacter that while not only being peimanent it was at the same time finished in such a manner as to make the ponds and the Iniildin-s a credit to this great (^onimon wealth. Of course, this work of rebuilding and rehabilitation interfered seriously with the work of fish propagation yet the Commission is glad to say that the number of fish distributed over the State (3) REPORT OF THE Off. Doc. was such that all applicants received fish, though probably not in such lar<]:e numbers as they would have jj^otten if the hatcheries had been in full woiking condition. In another year it is hoped that the work will be so far along that the hatcheries at which it was done will be able to make their full output of fish. Under the neAV method of distribution trout, bass, bluegills, cat- fish and yellow percli Avere distributed as yearlings varying in length from two to six inches, and this size fish seems to more thoroughly satisfy the recipients, if it is possible to judge from the commenda- tory replies received from the recipients of fish. Each notice of the shi])ment of fish contains a blank stating how many fish are sent and their size, and the recipient is asked to return this blank stating how many fish bo actually received anrl in what condition. By means of this blank the Department is able to determine to a greater degree the reason for any fish being received in poor condi- tion, because the name of the messenger is given and he can be held responsible. The recommendation of tlie Board that the hatchery at Spruce Creek be abandoned on account of trouble from floods was ado])ted by the Legislature and the proper tv Avas sold, realizing within -I?! 00.00 of the price paid by the Department. The hatchery at Conneaut Lake was closed on account of its unfitness for tlie work, and permis- sion was asked the Legislature to dispose of the same and return the money to the original subscribers. Unfortunately, this act after passing the House of Representatives failed of ])assage in the Senate. The question of fish ways which fish will (ro up has received much consideration, especially the one at the dam of the Pennsvlvania Water & Power Company in the Susouehanna River at Holtwood. The Call fishwav Traced in the dam has proved of no value, and after personal visitation to the j)lace the Commission was of the opinion that a natural water way from the dam down to the river on the York county side would accomplish results better than any- thing yet devised. The T*ower Comi^any, at much expense, has in- stalled this fishway and it certainly looks as if it would do the work. Time, however, can only prove this. The number of dams in the State at present is large, and will con- stantly increase, owing to the demand for the conservation of en- ergy which is now being allowed to run to waste. There are really only two migratory fishes in the waters of this State — the shad and the eel, and in streams not visited by these fish it seems unnecessai'y to compel the builders of dams to put in elaborate fishways at much cost, and which necessarily must cause some lack of water. Tt is a matter of fact that dams are desirable things in the streams as they form larae bodies of water in which larger numbers of fish will thrive than in the ordinary stream. The eel does not need much of a fishway for his road up the stream, and the trout ascending a stream to reach the spawning beds will climb a very primitive sort of The lease of the ground upon which the Toriesdale hatchery is sit- uated ex])ired on the 'iOth of November, and a new lease has been made for 20 vears, with the privilege of renewal, from the City of Philadelphia, at the nominal rental of one dollar a year. The Tor- resdale hatcherv is the hatching place for shad, and the work it has No. 21. DEPARTMENT OF FISHERIES, done is of such a character that it will undoubtedly keep the Dela- ware River stocked with this edible fish, which, without artificml propagation at Torresdale, would become extinct. The Torresdale hatchery is also used for propagating catfish and yellow perch. The Board regrets that the Legislature did not see its way clear to make an appropriation for warden service that would allow the employment of 30 wardens authorized by law. The Department, under the money allowed, is only able to employ nine wardens and this gives each one so large a territory that it is impossible for him to give it the thorough patrolling that is necessary to round up the violators of the law. The Board, however, must commend the work done by the wardens as showing them to be a highly efficient body of men, fully awake to their resposibilities. Not only do the wardens have to make examples of the men who violate the laws in taking fish, but they also have to investigate the various sources of pollution along the streams of the State. A commercial agency places the number of manufacturing establishments in Pennsylvania at 48,000, which would give each warden nearly five thousand manufacturers on which he must keep his eye. While the Board is glad to say that the majority of the manu- facturers show an earnest etfort to stop pollution, there are many others who are profuse in promises but very dilatory in practice. The Department has, therefore, begun a systematic source of prosecu- tion to convince the manufacturers that the Department is thoroughly determined to enforce the law, while at the same time not to harass the manufacturer unnecessarily. It is striving to clear up one water shed at a time and has now pending over a dozen suits which embrace all the manufactories upon one water shed. Where the manufacturer, after suit is brought, promises to get busy in bringing about the purification of the water, an o])]tortuiiity is given him by ]>ost]t()n- ing the suit for sixty or ninety days, so that he can show that he is in earnest in his efiorts to iio longer allow refuse to run into a stream. The Department has during the year cordially co-OT»erated with other States and with the United States Bureau of Fisheries, the result being that by exchange the Department has been enabled to secure large numbers of white fish eggs from Canada and the United States Bureau of Fisheries, pike perch from these same Departments, and also from the New York Conservation Commission, while from other sources it has obtained lake trout and muskalonge eggs. Under the law establishing a Department of Fisheries four Com- missioners are appointed to act with the salaried Commissioner of Fisheries. There are certain duties prescribed in the law for these Commissioners to do, among them, for instance, being the determina- tion of the question whether streams are trout streams either in part or whole. The law provides that the members of this Commis- sion shall serve without salary, but they shall be allowed their ex- penses, it being evidently thought that when the citizens of the Com- monwealth gratuitously give their time for working for the State they should not be compelled to bear their expenses. Unfortunately, the a]q)ropi iation made for expenses is not large encmgh to allow the 6 REPORT OF THE Off. Doc. Commissioners to meet as often as possible, and hence the perform- ance of their duties is hampered, and consequently some things that should be done are left undone. Very respectfully, JOHN HAMBERGER, HENRY C. COX, JNO. C. OGDEN, W. A. LEISENRING. No. 21. DEPARTMENT OF FISHERIES. REPORT OF THE COMMISSIONER OF FISHERIES Hon. John K. Tener, Governor of Pennsylvania: Sir: — Herewith I have the honor to transmit the annual report of the Department of Fisheries. The year has been a busy one, especially since the first of June when the new appropriations became available. The work of rebuild- ing the ponds interfered in a great measure with the propagation of fish, but the Department is glad to say the output has been a good one and exceeded expectations. One gratifying thing about the distribution of fish is the returns received from applicants stating the condition in which the fish ar- rived, and in almost every case the returns show there was little or no loss, while the large majority of the applicants expressed their great satisfaction in the larger size of fish shipped. It is evident that the eye plays a large part with the recipient of fish from the hatchery, and a smaller number of larger size seems to the ordinary person a great advance over shipments of many more fish, but so small as to be barely visible. Fish culture, like any other business, demands suitable plants and tools to ac(onii»lish results, Jind the e<)]>le wlio think any fish is merely a tish and any fish ought to live where there is water. For this reason there are hundreds of applications pour into the Department in which the applicants apply for trout, pike-perch and black bass for the same water, which ajq^ications, of course, the l)e])artnient does not fill, but explains to the applicant that black bass are a warm water fish and the brook trout a cold water fish, and water that is suitable for one is entirely unsuited for the other, and it will not live in it. The pike-perch is a very carnivorous fish and should only be planted in in large areas of water. p:fficiency and economy are the greatest factors in success in the Inisiness world, and they are the irreatest factors in the work of the officials that have charge of the fishing industries of the Government 8 REPORT OF THE Ofif. Doc. No. 21. DEPARTMENT OF FISHERIES. 9 and various States. Efficiency and economy are only attained by the use of the best possible methods and the best contrived plans. It was in view of this that the Department of Fisheries of Pennsylvania decided that the way to get the best results at the least expenditure of money was to concentrate the work at a few plants and make those plants complete in every detail and up to the highest type of the re- quirements of fish lore. There were eight hatcheries in Pennsylvania when the present Commissioner assumed control, but one of them at Spruce Creek had been badly torn up by floods, the last flood having left nothing but ;ni almost desolate waste, and another one at Coiinejnit T^nke. which the water supply and the situation unfitted for the work it was called upon to do, so they were both abandoned and the work concen- trated upon the other six hatcheries, using each one for the propaga- tion of the fish to which it is peculiarly fitted. By an act of the last Legislature the Department was authorized to sell the hatchery at Spruce Creek, which was done, the Department realizing within one hundred dollars the amount paid for the prop- erty. Considering everything, the price obtained was remarkably good. A bill was also introduced in the Legislature allowing the sale of the property at Conneaut Lake and returning the money to the subscribers who furni.shed the land to the State. This bill was de- feated. At every one of the six hatcheries retained, engineers and architects were engaged to draw plans showing the best way that every hatchery could be rebuilt and rehabilitated, so as to obtain the highest possible results. The ponds are all to be made of concrete and the hatching houses of brick, concrete and steel, witli an absence of wood, that will make them almost indestructible and not requiring almost con- stant repairs. The dignity of the Commonwealth of Pennsylvania demands that all the structures shall be of the most substantial and ornamental type that will make them a credit to the Commonwealth in the way of ornament as well as the necessary adjuncts to the ])r()pa- gation of fish. While the Department has perfected its plans to furnish all the game fish that iwo lecjuiicd to stock the stieams of tlie State, yet it knows that the number of anglers who want these fish is but a small 7)roportion to those who go fishing in the State. To the expert angler with his slight tackle there is a thrill goes through him when the gorgeous colored trout or the greedy black bass take his fly and starts to battle for freedom. But the number of trout streams is but a small portion of all the streams in the Commonwealth, while the black bass is not suitable for many streams or waters. To the bulk of the dwellers in Pennsyl- vania fishing is not only an amusement but at the same time fisliing is a means of obtaining food supply. There is nothing equal to a day or a week in the woods beside a stream where the sun brings the tan to the cheek, and the fresh air a joy to the lungs that is not felt bv the dwellers in towns who work in stores and mills, and the farmer's boy, and even his wife and daughters enjoy a fishing trip to the streams where they can secure a mess of fresh fish, which means a change of diet, and at the same time as they hook the fish with their plain tackle, they feel as exciting a thrill and it is as gratifying to them as to the angler who takes the trout or bass. To this very large majority of fishermen the joy of fishing is brought by the so-called minor fish, tlie yellow perch, the sunfish and the catfish, together with such native fishes as the chub and the fall fish. All these fish are easily propagated and have great fecundity, and the Department will bend every ell or t to produce these in such large numbers that every one cannot only have the delights of fishing, but the pleasure of taking home a string of fish to eat. There would be no difficulty in keeping the streams and lakes stocked with fish, but for the wasiclul and destruclive methods em- jdoyed by too many persons who have no regards for the rights of others. The men who draw ofl: a dam for the sake of getting a bushel of fish and thereby destroy thousands of small fish, are men who have no regard for the Golden Kule. The same is true of the gigger and the seiner, but the Department hopes with the education of the peo- ple to the fact that the streams can be filled with fish if they are properly protected, that the days of destructive fishing will soon be numbered. The Department is glad to say that it finds no part of its work so popular as the plan to stock the streams with the fish for the general public. Any one who goes along the stream and sees a family party fishing will know that the returning fisherman to camp is hailed with joy and shouts, as he waves in the air a string of fish that the trout fisherman would look upon with scorn, yet the trout fisherman with his creel full of speckled beauties experiences no more joy than the less expert angler does over the ti'0])hies of his rod and line. Upon the Department devolves the important work of the conserva- tion of a most valuable food supply, and in addition the promotion of the popular recreation of angling by providing fish. The fact that the average person does not understand fully the matter of planting fish gives inci i, • ^e Few persons realize the immense importance of the fisheries of Lake Erie and the amount of money invested in these fishing interests in the port of Erie, which is the largest fresh water fish market in the country. Conservation means much to these fishermen and they realize that the destruction of fish before they have become mature enough to spawn is simply a waste, and if continued, would do much in the wav of the depletion of the fish supply of the lake. It might be well to say in this connection that but for the work ot the Deiuiitment all these milions of egi.^s from the fish taken in Lake Erie would be lost, so that it can readily be seen what it means for the food supply by the preservation of so many million eggs and hatching them so that their yield can be planted to grow up in the lake The fish that these eggs are taken from would not spawn natur- ally,' and therefore but for the spawntakers of the Department the eggs would be an entire loss. As showin"- what has been done in the conservation of this waste product the Superintendent of the hatchery at Erie reports that dur- ing the year 1913, owing to circumstances, the take of white fish eggs from Port Clinton, Ohio, and from Canada was comparatively small, the number received from Port Clinton being 42,912,000, and from Canada 3,888,000. He therefore turned his attention to taking her- riu"- e^n-s the herring being relatively the most important source of the'^fisr supply at Erie. The result was that by active work there were gathered 173,821,000 herring eggs. Every egg of these would have been lost but for this work. 12 REPORT OF THE Off. Doc. The Department is convinced that considering the size of the lakes and streams in Pennsylvania that it is absolutely necessary, if the supply of fish be ke]>t nj), the destructive devices must be prohibited by law, and the very best thing that could be done would be to restrict the taking of all fish in the interior waters of the Commonwealth to rod, hook and line. If this were done there is no doubt that when anybody went fishing he would be certain to take a mess of fish. The Department had hoped to get such a bill through the last Legis- lature, but a little experience with the temper of that Legislature soon carried conviction that it was better to let well enough alone and leave the fish laws as they stand upon the books. It is rather curious that when a bill was introduced in the House of Re]>resentativcs to allotv gigging in all the streams of the State, including trout streams and at all seasons of the year, it went through with an overwhelming majority but fell in the Senate from lack of consideration. Experi- ence has shown in various parts of the State that so devastating and thorough in their work are the giggers that not a fish remains in the streams where they pursued tlieir work relentlessly. Yet, strange it may appear, but when a bill was introduced to abol- ish the fish basket, that bill went through without scarcely an ob- jection. Back in 1807 the Board of Fisheries Commission, which preceded this Department, purchased a fish car which was equipped up to the standard ideas of a fish car at that time. It was used for some years and then it was shunted on to a railroad siding at St. Mary's where it remained exposed to the inclemency of the weather, and evidently was used as a tramp lodging house, the lodgers carrying off every- thing that was not fastened so tightly that they coiild not cut it loose. At tho tinje of the St. Louis Exposition the car was sent to the shop and completely overhauled at the price of .1^1,500.00. A car barn was built at the Bellefonte hatchery and the car stored there. It w;is u.sed on several occasions but the railroad companies com- plained of the equipment, such as the air brakes, and every time the car was moved there was a bill for repairs, each railroad seeming to demand a different style of appliance from the one it was just de- livered from. The car has now become so dilapidated that no railroad would haul it without its being thoroughly overhauled, and to overhaul it would cost nearly as much as a new car, and then the Department would have nothing but an old second hand car anyhow. It is pro- posed to sell this car and save the annual payment of insurance. The time may come when a car will be absolutely necessary for the De- naifnient's nso. but when that time conies the car must be up-to-date in every particular so that it will not be a menace to any train it is attached to on the railroad. The reports from the Superintendents of the various hatcheries show that thev di oil hand Uee. 1, 1912, . raid for Lateherie.s Bulaiii-o on hand Nov. 30, lltl3, WARDENS. Received from State Treasurer, llalanoe on hand Dec. 1, 1912, . Paid for wardens, lialanie on hand Nov. 30, 1913, $46,.'i25 T7 594 78 $13,620 53 49 23 I CONTINGENT EXPENSES. Received from State Treasurer, Ralance on hand Dec. 1, 1912, raid f<)r contingent expenses Ralance on hand Nov. 30, 1913 $1,G00 00 EXPENSES OF FISHERY COMMISSION. Received from State Treasurer, I'aid for expenses, COUNSEL FEES AND COURT EXPENSES. Received from State Treasurer, Paid for fees and expenses, OPERATING LAUNCH. Re.eived from State Treasurer l»ald for operating COMPLETING HATCHERIES. IJeccived from State Treasurer I'aid for work FIELD WORK. Receivefl from State Treasurer, Paid for worls FISHWAYS. Received from State Treasurer, Paid REPAIRS TO LAUNCH. Received from State Treasurer, Paid for repairs, NEW HATCHERY AT ERIE. Received from State Treasurer Paid on contract, PRESQUE ISLE PENINSULA. Received from State Treasurer Paid for labor ROAT FOR TORRESDALE HATCHERY. Received from State Treasurer Paid for boat REPAIRS TO FISHWAYS. Received from State Treasurer, Paid for repairs $1,120 41 $770 84 $4,403 23 $26,464 40 $2,002 98 $4,882 17 $188 26 $5,124 17 $S 25 $1,500 00 $103 54 $47,120 55 $13,669 76 138 59 I $1,138 59 $47,110 24 $13,620 53 $1,092 73 $10 31 $49 23 $45 86 $1,120 41 $770 84 $4,403 23 $26,464 40 $2,002 98 $4,882 17 $1SS 25 $5,124 17 $8 25 $1,500 00 $403 54 16 REPORT OF THE Off. Doc. The following moneys were paid to the State Treasurer during the year being derived from the following sources : Commercial hatchery licenses, $ 130 00 Fines for violation of the fish laws, 3,672 65 Seine licenses, 45 80 Tidewater seine licenses, 4 00 Lake Erie licenses, 2,354 00 Eel basket licenses, 2 85 Confiscated property sold, 26 00 Spruce Creek hatchery, 3,050 00 Return insurance piemiums, 11 80 Total, 19,297 10 ITEMIZED EXPENSES OF HATCHERIES. The following table shows the itemized expenses of each hatchery for the year from December 1, 1912, to November 30, 1913: n EC « el ■*-» a S. u '7* u o 3 o 1^ e3 poo IneW i a« t^ ^ ''* fc o Rollefonte $3,210 00 Corry. Crawford Erie Erie Auxuliary, Spruce Creek, . Torresdale Wayne, Miscellaneous, Total, . 3,670 50 440 00 1,620 00 3,120 17 260 00 3.1t!3 44 2.934 OS $18,418 19 $943 27 1,927 30 3 50 496 85 1,196 81 5 09 1,027 85 859 80 $1,7S9 99 1,034 43 5 20 437 96 071 24 4 24 415 17 658 64 $1,315 18 1 $1,066 35 ! 4,828 36 733 73 40 99 42 40 133 26 166 78 9S0 46 22 72 14 19 1,686 54 145 73 1,722 22 164 24 $6,460 47 1 $5,016 87 $10,721 20 I $2,341 95 $829 00 $9,153 85 468 SG 12,663 18 122 56 654 65 125 95 2,980 80 344 58 6,335 98 6 00 289 52 904 73 7.343 46 806 99 7,145 97 $3,608 73 $46,567 41 542 83 $47,110 24 SHAD SEINE LICENSES. During the season 22 licenses were issued and the licensees reported a take of 24,008 shad, valued at |7,325.81. Other food fish taken were valued at |141.70, making a total for all fish caught |7,467.51. No shad ascended above McCall's Ferry dam. This return does not give nearly the value of the fish taken, as very large quantities of shad No. 21. DEPARTMENT OF FISHERIES, 17 were taken beloAV the McCalFs Ferry dam in the Susquehanna. Next season will test the efficiency of the new fish way in the Susquehanna at McCall's Ferry dam. County. Shad. Suckers. C?ai V 6 3 S a s s 03 CS o y. > p^ ^ l-l 3 Pucks, ... I^ancaster, Miiliin,* .. Perry, . . . York 1260 $653 60 8197 1,724 00 3715 1,300 25 1260 "iio $81 30 '"'406 80 400 10,836 3,647 96 200 $6.40 40 00 10 00 M.OOS I $7,325 SI 1,370 $85 30 GSO $56 40 ♦The Mifflin County license was HsIumI in tlic Sus»juelianna Uiver below McCall's ITerry Dam. LAKE ERIE FISH INDUSTRY. While the Commonwealth of Pennsylvania has only 40 miles of shore line on Lake Erie, the port of Erie is the largest fresh water fish market in the world. The amount of nets that are set every day run into hundreds of miles and the production of fish last year was 2, 910,741 pounds, valued at wholesale at .f509,502.09. These are astonishing figures and convey forcibly the value of the fish business in Lake Erie, where the city of Erie is only one of a number of fishinc: ports. The value of the boats and tackle used in taking the fish and the warehouses where tliey are handled runs into millions of dollai's and gives employment to hundreds of men. The most remarkable tiling, however, in tliis mattei' and one in which the Pennsylvania Department of Fisheries takes pride is the fact that all this immense business is due to the artificial propagation of fish by this dej)artment and the United States Government and other States, and the whole restocking is done by the saving of the eggs which would be a waste product if it were not for the work of the hatchery men. There is not the slightest question in the minds of anv fisherman as to the value of the woik done by the Pennsylvania Department of Fisheries in this malter, because it was not many years ago, beh )re the artificial pro])agation was taken up, that the catch of fish had so fallen off that the pursuit of fishing was no longer profitable. The figures given above do not convey entirely the immensity of the business because they show the wholesale ])rices and the persons who use this large supply pay from 50 to 100 per cent, advance on these fiirures on account of freiirht and the handling by the fish dealers at their respective homes. Taken altogether the fish industry at Erie 2—21—1914. 18 REPORT OF THE Off. Doc. is a most valuable object lesson as to the value of artificial propaga- tion of fish in furnishing a very important food supply to the people. If Lake Erie with the tremendous drain made upon it by the fishermen can be kept stocked with fish, it shows that the other lakes and sticjinis in I'emisylvjmin can also he lestoietl to Hum:- foimer jmxlnc- tiveness, if the hatcheries are worke perch nine pike, Carp Sturgeon, Total Pounds. 1,012,518 158, 2S6 88,387 349, 19S 63,545 2,179 9,043 1,117,019 102.699 7,877 Value. 1351.449 71 8,469 60 4,467 43 34,.S1'1 !*1' 2,049 47 238 81 950 81 103,345 07 2,641 86 1,567 41 2,910,741 I 1509,502 09 COMMEKOIAL HATCHERIES. One of the industries which have grown up in Pennsylvania in re- cent years is that of commercial hatcheries where fish are bred for the market. To encourage these the Legislature passed a law allowing the operator of a commercial liatcliery to sell his fish at any time of the year, and this has been taken advantage of i)rincii>allV by the trout culturist, there being several very extensive and successful trout hatcheries in the State. The law in Pennsylvania allows the operator of a private liatcliery, on the payment of ten dollars license fee, to sell his fish or their spawn at any time of the year, the fish being accomi)anied by an invoice and showing the number of the hatchery and the number and weight of the fish, which invoice is good for six days. The plan has been found to work well as the hatcheries are open at all times to the l)ej)artment and if they should supplement their own trout with wild trout taken surre])titiously, the fact would be de- veloped by the known capacity of the hatchery. There have been one or two cases where persons have tried to violate the law by supple- menting their hatchery fish with wild trout, but the business Vas com- paratively small and Ihe lisk was not worthy the gain. In New York a different system has been adopted and that is that every trout sold from a private hatchery must be tagged with a machine furnished by the Department of New York. New York charges three cents per tag, which are furnished by the Department to the hatchery, and in addition the machine to attach the tags must be purchased. As the bulk of the trout sold from the hatchery usually take four trout to make a pound, it will be seen that it is a heavy tax No. 21. DEPARTMENT OF FISHERIES. 19 of twelve cents upon each pound of trout sold. This, in a way, re- duces the market of the Pennsylvania hatchery man so far as the New York market is concerned, but the New York people look on it as a benefit, as it l:eeps outsiders from invading the New York market, and possibly reducing the price below what the New York man can get, if he has no outside rivals. Pennsylvania has always pursued the policy of not taxing the manulactuier, as it h.eliovcs it is the ])ioper spirit in regard to the trout hatchery who is virtually manufacturing fish for the use of the i)ublic, and ought to be encouraged the same as any other manu- facturer There were 13 licenses issued during the year 1913 for commercial fish hatcheries. These hatcheries did a business of |03,819.53. This is almost double the amount of business done in the year 1010, which shows an exceedingly gratifying increase. The following table shows the output of the hatcheries: I't, Dead trout for mark Tniut, live, uiiiture trout, tin!,'er lings, . trout, advanced fry, trout, eyed eggs, .. trout, green eggs, . liass, fry bass, lingerlings, .. Pounds. r.3.309i I?rli<-e Department, which is oiganizcd for the purpose of enforc- in*? Jill the laws on the Statute Book, and this could be accomplished by g'whig to the Police Department the increased number of men au- thojized by the fish laws and a sufficient a])i)ropriation to pay them. The position of fish warden is one that requires tact, good'huraor^ energy and sound i)hysical condition. He must conduct a suit before a magistrate in such manne;- as to biing out all the jjoints of the case, and he mnst then see ro it that the docket of the magistrate will stand the scrutiny of a court of record, because, unfortunately so many of the justices of the peace fail to make up their docket as the law requires. To these requirements he must add a thorough disregard for hours and weather, because the i)roressional fish i»irate works usually at night, like the burglar, and weather does not deter him when he goes on his lawless errand. Tf the Department had its full quota of wardens it would be pos- sible for the men to hunt in couples, and better and surer results would be attained by this. As one warden remarked: "You wade out fo three or four men gigging, have a battle with them in which pos- sibly you get a ducking, and Ihen before the 'Squire the three or four violators of the law enter their story against the story of the warden, and as some 'Squires count the nund)er of witnesses rather than their character, the warden is apt to fail in his case," Tn pollution cases it is especially true, and the warden should have a witness when he takes specimens of the pollution from a manu- factory, because when the ])olluted water is shown to the 'Squire, the violator of the law sets up a defense that that did not come from' his place because he is merely letting out refuse u[)on which fish thrive rather than are killed. AKRESTS. There were 227 ariests made during the year and the fines imposed amounted to |r>,570. A nuniber of cases were appealed, the appeals still ])ending, and in a few cases the defendants were sent to jail in default of ]»ayment of fines. The falling off in the number of arrests is due to a better obseivance of the fish laws and the tact of the ward- ens in discriminating between puiely technical offenses by innocent violators and the acts of the regular law breakers. The following shows the different violations of the law: Dynamiting fish /^ Fishing with seine nets illegally 15 Illegal dip nets * * £9 Illegal fyke nets 2 Fishing with nets in trout streams, [[[ 15 No. 21. DEPARTMENT OF FISHERIES. 21 Spearing fish out of season, 28 Taking short trout, 5 Taking short bass, 9 Taking short pickerel, 3 Taking game fish out of season, 28 Fishing with lay-out lines, 7 Taking fish with the hands, 3 Shooting fish, 3 Carrying fish illegally caught, 1 Drawing off waters for fishing purposes, 3 Fishing on Sunday, 24 Illegal fish baskets, 3 Pollution of streams, 35 Using illegal devices not specified, 2 Excessive hand lines, ^ Net with wingwalls, 5 Floats, 2 Stir nets, * Trap nets, ^ Looping 3 Stunning fish through ice, ^ Total, 227 There were 13 acquittals and 20 violators got jail sentences. POLLUTION. With the completion and rehabilitation of the hatcheries the De- partment is confident that it will be able to supply all the demands upon it for the stocking of the streams and waters of the State with fish. Artificial propagation so improves upon nature that the ques- tion of a supply is only conditional with the amount of facilities possessed to propagate the fish. This part of the problem of furnish- ing the people of the Commonwealth with fish for food and fish for the sport of the angler being settled, the next important question is the water in which the fish are to be ])laced and in which they are to grow up to an edible size. Pennsylvania is blessed with lakes and streams that will sustain enormous quantities of fish life, if the streams are kept in a suitable condition, but unfortunately the waters of the Commonwealth now i)resent a knotty problem as to how about bringing them back to their former ])ure state. The first settlers located along Ihe streams at first, because they were highways, and trans]>ortation by water was the easiest and cheapest method. With moi*e im])roved methods of transportation the streams were abandoned geneially as highways, for, unfortu- nately, most Pennsylvania streams are too rayiid and shallow to be adapted to transDortation. Then as the water ran down to the sea it was the easiest plan to dispose of refuse to run it into the run- 22 REPORT OF THE Off. Doc. ning stream. That got rid of it for the man up the stream and he reckoned little or not at all upon the man who was to use the water lower down. The result of this has been that a large majority of the streams in the State have become nothing but open sewers, in many of which the water is so foul that it cannot be used for potable purposes or for the watering of stock, while the pollution is so great that fish and fish life will no longer exist in it. To plant fish so that they will grow and thrive requires that the waters of the Common- wealth be in that condition which nature demands for fish life and for the growth of acjuatic plants which furnish the garden for the use of the fish. In the eastern part of the State the people have the Schuylkill river as an exami)le of a very much foul stream, and Chester and Brandywine creeks are fair examples of what a lot of manufacturers can do if they turn tlieir efiiuent into the stream. In the center of the State the Susquehanna river, has shown on occasions, thou- sands of dead fish poisoned by the waste of the careless manufacturer, jiikI ill tlie western part of the State some of tlie streams are so defiled that they corrode the bottoms of the boats that float upon them and the water eats uj) the tubes of the boilers. The law declares hat it is a criminal offense to run a number of named substances, sncli as dye stuff, coal or gas tar, coal oil, sawdust, tan bark, lime, vitriol, refuse from gas houses, into the stream, and then adds "or allow to run or flow into a stream any deleterious, destructive or poisonous substances of any kind or character." This is extremely broad and covers the matter of pollution com- ])letely. It is not merely that the deleterious substances should kill fish, but also that it forms a coating upcm the bottom of the stream which chokes the vegetation and therefore there is no chance for any fish food to grow. For two years the Department has had a small force of wardens at its command seiviiig notices on the various manufacturers of tlie State, calling their attention to the law and the necessity of jibaliiiLi" the nuisance. Tl'csc ii()ti<('s have been sui>j»leiiiented with articles in the newspa])ers. and there is really no reason that any one should be ignorant of the law. The fact is that many of them know the value of the law fiom the fact that the water comes to them from aliove so ]>ollnted that it is necessary for them to ]mt in expensive purifying ]>lants so that they can use the water. It is not n case of the old fable of the wolf and the lamb where the water ran from the wolf to the lamb. Moral suasion has induced many concerns to set about installing ]dants which will bring about the jmrity of the water, but the De- partment has found that few seem to realize that these jdants must l>e of a permanent chauictei-, so that under no circuinstances can the poison reach the Avater. There is no permanent improvement in a I>lan that purifies the water for a s]»ace of time and then an accident occurs allowing enough poison to run into a stream to kill all the fish in that stream for several miles, and to restore that stream to its same fish sujiydied condition as before the accident, will probably take three or four years. There is an old saying that accidents will hajipen in the best of families, but there is no reason whatever for an accident which will allow the ]>ollution to escape from a manu- factory and sweef) away several years' work in stocking the stream with fish. No. 21. DEPARTMENT OF FISHERIES. 23 The Department at various times has brought suit against flag- rant cases of pollution, but apparently these sporadic cases have had little influence in deterring other manufacturers from running the risk of getting rid of their refuse in the quickest and cheapest way; that is turning it into a stream. Acting upon a suggestion of the Governor, the Department took up one water shed, the Sinnemahoning, emptying into the Susquehan- na river at Driftwood. Every manufacturer along the stream was visited and the operators notified they must take care of their refuse. A year elapsed after these notices, and the Department found that virtually the same conditions remained, so when in September a sud- den rush of pollution lined the Susciuehanna river from Driftwood to Milton with dead fish, the Department decided that something more drastic than notices must be attempted. It therefore directed suits to be brought against every manufacturer along the Sinnemahoning, a paper mill at Lock Haven and five concerns at Williamsport. In the case of the Lock Haven concern where nothing was done after the first prosecution, but rather the I)e])artiiient was defied and more re- fuse allowed to run into the stream, a second suit was brought. The Lock Haven manufacturer was convicted before the magistrate, but has been ijranted an a])]>eal by the Court of Quarter Sessions, which appeal does not come U]) for hearing until January. The other cases are yet to be tried, and the Department intends to push them to the limit. The Department fully appreciates the fact that to put in clarification plants requires money and has no desire whatever to harass the manuracluiers unnecessjirily, but the rights of the ]teo])le in the lower stream are paramount, and the De])artment will insist that they have their rights to pure water. The collection of fines is no part of the object of the Department, and where the manufacturer will show that he has put in such a plant that no longer the ])ollution can reach the stream, the Department wilt be satisfied and withdrnw the charge. That the manufacturers are fully aware of the fact that their lefuse is detrimental is shown in many ways. .\t Empoiium. for in- stance, the water used from the Sinnemahoning by the iron coni])any was so polluted that it destroyed the tubes in the boilers, and the iron com])anv brought a suit for damages, which was settled, and the offending company jnit in a pipe which would give the iron company ])ure water from the stream above the ]dant running the refuse into the stream. The Department brought suit against a Montgomery county concern which was running lime into the Schuylkill river, and lime is one of the constituents mentioned in the act as not to be run into the stream. The magistrate found the ])erson guilty, but on an a]»peal the court of Montgomery county decided from the testimony of a chemist, that when the lime reached the Schuylkill river the volume of water in the Schuvlkill so modified this refuse that it made it innocent lime water such as is used to temjier the milk of babies. Yet this lime deposits on the bottom of the river a white scum that completely chokes the irrowth of any aquatic plants, and the longer this is run into a stream the more of the bottom of the river does it cover. . But this one factory is not the only one by long odds running refuse into the stream, and each one adds its mite to the pollution of the 24 REPORT OF THE Off. Doc. No. 21. DEPARTMENT OF FISHERIES. 25 river until the combination is fierce, but under the ruling of the Montgomery County Court no prosecution against a single manufac- turer would hold because the amount of stuff it adds to the river, if the river was absolutely pure, would be soon rendered innocuous. It is for this reason that the Department has made the sweeping prosecutions along oae stream so that it can show the combined ef- fects of a number of manufacturers defiling a stream. One manufac- turer com >laine(l bitterly of the expense he was put to to purify the water in the stream which had been polluted by concerns above him, yet that same manufacturer turns that purified water back into the stream fouled worse than before by the combination of poisons he places in it. Under the provision of the law as passed by the last Legislature, extensive powers for the prevention of the pollution of water has been extended to the Water Supply Commission and the Highway Department, and the Department of Fisheries intends to co-operate with those two departments as it has been co-operating with the Department of Health. In the Highway Dei)artment in one case where a bridge is built across the stream, the culm from a mine washed down completely blocking the bridge anartment does not intend in the conduct of its suits to depend u})on tlie testimony of the cliemist who will certify that var- ious constituents are to be found in the water, ami then have that testimony combated by an expert chemist for the defense who will show, as in the Montgomery county case, that if sufficiently diluted the chemicals found by the first chemist will be rendeied innocuous. It is small satisfaction to a man who should drink nitric acid and burn out his stomach to know that if that nitric acid had mingled with large quantities of ])uie water it would have been absolutely innocuous and not hurt him. The same is true in regard to the man whose cattle have their hair burned olT their legs by some effluent from a manufactory, which if diluted sufficiently would have been harmless. The Department bases its contention upon the fact that an effluent pouring from a manufactoiy will kill fish, or it will dei)osit such an amount of sediment upon the bottom of the streams that all aquatic life is killed or has no place to root and what should have been the spawning beds of the fish is so covered that the fish will not s])awn there. If the De])artment can show these facts it claims that it has made a case, because it has shown either that the fish are de- stroyed or their feeding and spaAvning jdaces are destroyed. If there is no garden in the stream to raise food for the little fish, the little fish will naturally starve to death, and if the spawning places are covered up there will be no eggs laid from which to ])rodnce little fish. There are various substances which flow into a stream that chem- ically tested would not be poison to the fish, yet these substances if ])laced in tbe water will finally diive all the fish away. Thus we may mention snwdnst, tlie lint from pul]» mills, although lint will choke u]> the gills of a fish and smother tliem to death. Pure water holds three per cent, of oxygen mechanicnlly, and it is on this oxvgen tluit the fish de])end for the oxidation of their lungs, and it is possible to have in some waters a still larger ])ercentaue of oxy.fxen wMcli is as bad for the fish as too little, the Fnited States Pireau of Fisher- ies having a hatchery where the watei' is so highly oxidized thnt it has to be deoxidized before it can be used for holdiiiir the fish, ns the extra sup])ly of oxygen l)rings about a too exhilirating condition in the fish. \ 26 REPORT OF THE Off. Doc. Sand is a substance that is not chemically poisonous to fish, and the small mouth bass revels in streams where the water flows over sandy bottoms, yet sand can be washed into a stream in such quantities that it will destroy the stream as a habitat of the bass by filling up all the interstices in the bottom and leaving no place for spawning beds. The chemical reactions are not always to be relied upon as lo results in the uijitler of destructiveness. At powder mills nitric acid is received in iron carboys, yet that same nitric acid, after its use in the manufacture of powder, has some unused portions left and this is run ofi' in the washings and this diluted nitric acid has an extremely corroding efl'ect upon the flues of boilers. The coal mines are a source of much pollution in their running sulphur water in the streams. There is an old Supreme Court de- cision which states that coal is a very important factor in the world's work, and to mine coal it is necessary to pump the water from the mines, and until some method is devised to cause water to run up hill, the miners could jmmp sulphur water into the streams. Since that decision, however, there has been a great change in public sentiment in regard to pure water in streams, and this sentiment is felt by the Court and the Courts are ruling that the welfaie of the public is paramount to ])rivate use. Some years ago the United States Geological Survey published a bulletin in whicli it stated that the water in the Susquehanna river was of the purest quality, because the sulphuric acid in the mine Avater combined with iiiid destioviMl the virulent <'tTeet of the se\vau:e and was then itself nentralizeending on that sulphuric acid to purify the pollution, bnt is ('om]>elling the residents along the bank to dis])ose of their sewage in some other manner than by emptying it into tlie river. It is small consolation to a man who has typhoid fever in his family from drinking water from the Susquehanna to know that if the strenni had some distance further to run the water would have })een vuvitied. Tie is decidedly of the opinion Hint the ])ollntion should have been ])revented at the source, nnd both the sulphuric acid and the sewage and other pollution ke])t out of the stream. A year or two ago a suit was brought in a western county against some oil i)roducers who were allowing salt watei' from their wells to run into the water shed fi-om which a water company obtain<'roducing territory and the oil jmmped produced a revenue to the operators, yet for each barrel of oil there was pumped from twenty to fifty barrels of salt water. Tn an exhaustive opinion the court held that the rights of this large poj)ulation to pure water were paramount to the rights of the owners of the wells and enjoined the well owners from pum])ing, if they could not dispose of the salt water in such a way that it would not defile the water supply of the water company. This decision was up- held by the Superior Court. From tins analogy the Department hopes that it may not be loufi;- before the mine operators will be compelled to satisfactorily dispose of their mine water, and also the filthy water from the washeries and the culm. No. 21. DEPARTMENT OF FISHERIES. 37 In Germany a stroke of the pen of the Emperor decreed that the pollution of streams must cease, and forthwith every person defiling the stream went to work to see that the pollution no longer got into the water. Such paternal authority does not exist in this country, but ])ublic sentiment can g.ow so strong that the same results for purifying the water can be obtained by that public sentiment in- sistence on the purification of the water and the Courts will follow in the line of the sentiment. This is a day of small economies and really what seem small economies sometimes ]nove to be money makeis. The cotton seed for a long time was merely a waste product, but now, thanks to science, the cottcni seed livais in value the valui; of the lint. In western rennsylvania the air is black widi the clouds of smoke from the coke works, but some chemist put his brains to work and the result is that at Bethlehem and at other jdaces this smoke no longer escapes into the air but is converted into lamp black, a valuable by- l)roduct. The same lesult was obtained by the gas company at San Francisco, where instead of turning its waste products into the bay to the defilement of the water, it now saves them all at a profit to itself. Much of this habit of defilement arose from the wastefulness of the average American who heretofore considered it only necessary to save the material that brought him a revenue and allow the rest to go to waste. The pine forests of Pennsylvania were swept away and the hemlock was cut down for its bark alone, until today hemlock lumber sells at a price double what the pine lumberman got for his lumber, and over the mountains of Pennsylvania lie piles of hemlock logs stripped of their bark and left to rot. Upon the maiket today there are numerous devices gotten up by ingenuous persons intended for the saving of material that now runs to waste. While some of them have merit, the Department cannot recommend them because of the fact of their being patented, yet there is no reason why the manufacturers should not avail themselves of these appliances for many of the inventors offer to install their ap- pliances for experimentation at no cost, if they do not prove efficient. Only within a short time an inventor stated to the Department that he was offei-ed a c(mtract for 75,000 tons of some of the etfluent fiom the paper mills. It would seem from this that there is a commercial value for the material that is now running to waste and polluting the streams, and certainly an experiment would be worth the trial. If the coke man can extract money from his smoke, certainly other manufacturers ought to extract money from their waste material, because nature knows no waste but economizes in everything. A closer co-operation between the dwellers along the stream and the Department would be of much aid to the Department in bringing about the clearing up of the streams. If when the surface of a stream becomes covereersons early cognizant of the fact would trace ui> the stream to where the first dead tish were seen and from that point take samples of water, cork them up and seal them and furnish them to the I)ef)artment for experimentation, in m(»sl ( ases it would enable the l)e])artnient to get in touch with the violator of the law and lie could be brought to terms and compelled to abate the trouble or suffer the penalty. 28 KEPOKT OF THE Off. Doc. During the year the Department has had some correspondence with the Fish Commission of West Virginia to see if some arrangement could not be made whereby the Commissions of West Virginia, Ohio and the Department of Fisheries of Pennsylvania and the United States Government could not co-operate so as to bring about a clari- fication of the foul streams in that section of the country. There aie many .sti earns out ilicie tiiat are absoiuiely de\oid oi lish iiie or aquatic life of any kind, and the water cannot be used for any purpose, the steam-boat men finding that it soon utterly ruins their boilers. {Such a state of alfairs should not exist in a country that calls itself civilized, and tlie fact that millions of dollars have been ex- pended to erect the manufacturing plants along these streams has nothing to do with the question, because they should have considered the matter before they erected their plants where they did. This con- dition IS lUiiy susiaiued by a uecision oi lue liighest Appellate CoUi t of ^^ew York, which is published in full in this report, and this is supplemented by a similar decision of an Indiana court. If an invest- meiiL 01 a uuiuou doiia.s niiows iiiC iiiM'stoi- lo so poiiuie Uie water that it renders worthless the property of a poor man below, then it would st'cui thai the law is lor ine i icii man and not lor llie poor, a condition not to be thought of for a moment in this great Common- wealth. There is no question that electricity is bound, in the future, to be a great factor in purilyiiig water. That it will do it is well known, but the cost has been prohibiiive. Human ingenuity is, however, working at this problem, and it seems is on a fair way of solving it, so that the work may be done at a price tliat will be protitable. JSedi- mentation beds are useful adjuncts, but sedimentation beds must be so large that the water does not escape from them until it has dropped from its hold all the refuse that causes the pollution of streams. The trouble has been in the past that the sedimentation beds have not been of sufficient capacity, and they have been made in such an un- substantial way that rains and Hoods have washed out the banks and sent the vile eliiuent down into the streams where it has done its deadly w^ork to the lish, and there can be no apologies from such work when it entails several years to replace the damage done. The Department has felt that no better work can be done than by getting in close touch with the people and telling them the aim and purposes of tlie Department. It lias tlierefore availed itself of every opportunity to have the officers meet face to face with all classes of persons. Addresses have been delivered in all parts of the State to arouse public interest, and the Department feels very much grati- fied at the sentiment which has been created. The manufacturers are tlie ones who have been polluting the streams, and the Dei)artment has endeavored in every way to impress upon them that in these days uf small economics ani)i(M-iates nioie than the Commissioner of Fislie: ies the value of the paper industry and the importance of its not being crippled, but nevertheless, as I said at first, pure water is as neces- sary to him for his business, as it is for the pulp and paper maker. Wlien the ])aper maker first located on the stream he was probably the only nianuractnrer ni»on it, and the piue walei- was jis chea]) to him as "the air which he breathed. When, however, some other manu- facturer located above him and liegan to run refuse in the stream which s]»oiled its jniveness and brought trouble and ex}>ense to the manufacturer, there was another exem])lification of the case of whose ox was gored. To jmrify the water defiled by the man above, the paper maker was compelled to ])ut in purification plants, and this is a factor with which the fishery interest hopes to impress you. If the manufacturer above can be compelled to purify his water then the money expended by the paper man for getting that formerly dirty water purified can be ex])ended in seeing that his refuse no longer pollutes the stream. A regard for the rights of one's neighbors should be inherent in every human mind, because every one should do unto his neighbor as his neighbor should do unto him. 30 REPORT OF THE Off. Doc. But back of all this is tlie question of economy. In the workings of Nature there is no waste. When a giant of the forest falls before the storm, it lies on the ground and gradually wastes away. Not an atom of it is lost in the economy of nature and the remnants of that tree go to make up the food for a successor. Eons ago when the world was younger by some millions of years the world bore a luxuriant crop of vegetation — trees and plants. In one of those mysterious cataclysms of natuie, Ihis vegetation was shrouded in what is known as tlu' ('jiibonilVious njio, ;inose otherwise of their refuse than by running it in to the streams. At San Francisco the gas compan- ies have put in a plant which takes care of its refuse, and to the astonishment of the makers, they have discovered a source of revenue in lamp black and other products, that add to their revenue in a way thr.t makes the makers wonder they had never gathered that money before. Such being the exeperience and work of the men who handle coal it should be a lesson that one who runs may easily read, and it seems that the pulp and paper maker ought to y)onder well over this lesson as he looks upon the tree which is to go into his crucible. Why should he not evolve some means to use every particle of that tree, for every particle of it has value. Even the fiber that escapes and pollutes the stream could be uti- lized into making wood alcohol. Somebody has defined dirt as being matter out of place, and pollution is merely only another name for matter that ought to turned into something of value by being put into its right jdace. Suartment would rather recommend the damming of the streams as a means for piocuiing more areas of water in whicli to raise fish. FISH FOR THE FARMER. To supplement the fish work of the Department of Fisheries the Department is extremely desirous of securing the cooperation of the farmei's of tho Commonwealth, because if the farmers will take u]> the culture of fish they will be able to add largely to the food supply of the people. The capabilities of an acre of land in raising fish is but little un- derstood, yet from an acre of water mav be taken annually from 5,000 to f>',000 ]>ounds of fish. The fish after the first installation require little care, but some supervision over their enemies and the enemies that attack the banks, such as muskrats and crawfish. The fish will be self supporting and therefore is the only live stock on No. 21. DEPARTMENT OF FISHERIES. 35 the farm that does not require a layout for feed. There is hardly a farm of any size but has an acre or more of waste land. Several farmers might unite and prepare a pond of larger size than an acre and therefore capable of raising more fish. The first cost of the pond would be the excavation and banks, but that pond would clear out the waste ground ugly to look at and baneful from the weeds that it constantly raises. Therefore, instead of an eyesore there would be a joy and a delight, for a glimpse of water adds to the beauty of the scenery and fishing in the pond would be a continual source of recreation. For such ponds the Department recommends bluegills and catfish. The blue gill multiplies rapidly and attains a weight from half a pound to over a pound. Few fish appear ui)on the table of the epicure that excel in delicacy the bluegill, while his gamey qualities are such that even the expert\angler does not disdain practising flyfishing for the bluegill. The catfish is too well known to need any enconium from the Department. Ue attends stiictly to business, raises his family with the care shown by few other fish and upon the table when prop- erly prei)ared he ai)pears to the best advantage. The Department stands ready at any time to furnish the farmers with any information they would desire as to the construction of the pond and the care of the fish. Two hundred adult fish will be ample to begin the stocking of the pond and it will not be long until the pond is a source of profit, a change of diet and a delight to the whole household by affording the sport of fishing. A few tadpoles introduced into the pond will result in a supply of bull-frogs, not large, of course but enough to furnish an occasional meal for the farmer's family, and bull frog as an article of diet is not to he dcsuiscd bv (".en \' v nr.'.st lastidmns (m icu c. The fish pond will also afford the children of the farmer a chance to study fish lore and the habits of the fish which will so interest them that as they grow uj) they will be advocates of the fish laws passed to protect'fish from wholesale and destructive slaughter. The bluegill builds a nest with much care and after the eggs aie deposited watches over that nest unceasingly, fiercely attacking any enemy that jil'jjioaclies it. The slighU'st loicign substance lie jMocccds to remove with a caic that would reflect credit upon a tidy iKinsewife. It is this habit that makes him a victim to the angler who does not regard the breaking up of a family as a crime. The fisherman throws his baited hook to^the watchful guardian of the nest wheieupon the guardian makes a rush to remove the ofTending substaiu-e, and in the rush is impaled ui>on the hook and taken to the string of the angler, which means that the whole family of little fishes are doomed to destruc- tion. If the boy or girl knows this he will become a ])rotector of the fish and try and see that no fisherman despoils the nest of the ])arent. 36 REPORT OF THE THE STOIIY OF FISH LIFE. Off. Doc. There is nothing more important in the eye of the Department than the enlisting of the rising generation as the friends of the fish. If the boys and i»irls of the Commonwealtli can be sliowii 1 o.v il;e fish lives, its habits, its instincts, and all the various phases of its life, the child will become interested and incited by that interest will be impelled to follow its study as he grows older and the more thoroughly he acquires an interest in the mysteries, for they are mysteries, of the lives of the dwellers in the water, the more he will become convinced that the requirements of the laws which have been enacted to throw around the fish to safeguard thorn are necessary for its protection in these days of constant growth in population. With this idea in mind the Department has built a number of metal cabinets of ornate design in which it has placed a number of vials which contain some phase of the growth of the fish fiom the time that it is in the embryo in the egg until it has started in the race for life. The specimens are taken, in one case, from the trout as the i(MM(*scnJntivo of the «.»ain(> fisl'ps of Ihe CoininoTiwealth and in tlie other instance from the white fish as a representative of the the com- mercial fish. Describing the cabinet a birlletin has been issued which tells of the characteristics of the fish, wherein they differ, and tells of the gi owth from the embrvo to maturity. These cabinets are intended to be placed in those educational institutions of the Commonwealth which devote at least some time to the study of natural histoiy. To the person who knows nothing of the life and liabits of the fish, the fish re]>resents only so much of a portion of man's food. But to one who studies the life of the fish and its liabits there is opened a volnme as interesting as any upon the book shelves of the library and I'o finds t7 ensures for tliought like Il)e man wlio found "sermons in stones and books in running brooks." SPRUCE Cin:EK HATCHERY SOLI). January 20, lOOG, the Department purchased from Sidney T. Tsett a i)lot of ground containing 27 acres and 20 ])ei'clies in S])ruce Creek township, Huntingdon county, for the sum of .f 1,000.00. Spruce creek runs thiough the grounds the whole length. This property contained no l)uildings of any kind. It was a broad meadow lying very little higher than the water of the creek. March 27, lf)07, the Department purchased from Daniel Heck another ])arcel of land containing OSO 1000 of an acre on which were two dwelling houses and a stable. The price paid was |2,1 50.00. On the tract purchased first was a large limestone spring with a No. 21. DEPARTMENT OF FISHERIES. 37 capacity of from GOO to 1,200 gallons a minute. A large frame hatch- ing house was erected and a number of ponds were dug. After the work of propagating trout was begun an unexpected trouble was experienced from the water from the spring. There was high water and the spring rose and evidently entered a crevice and washed out a greasy looking substance which the United States authorities pro- nounced an algae that grows in the dark. This algae was very destructive to the young fish. ^ In the Superintendent's report for 1007 he says that the rise of the spring in June of that year brought with it the algae which kept flowing from the spring for nearly two months. It got into the gills of the advanced fry and killed all but 80,000. Spruce Creek, for some distance above the hatchery, runs through a narrow gorge, iMHinded by high liills, so that when the e aie heavy rains the creek rises rapidly and the water flows over its banks at the hatchery and floods the grounds. The first experience was in March, 1007, when the melting snows and a heavy rainstorm caused a rise in Spruce creek and the upper ])art of the giounds was flooded and the water came within a foot of flowing into the ponds. The tr(Hii?lis ill the liatchiim- liouse flooded and tltere wms about two feet of water in the house. It was then decided to build a dyke along the In the report of the Superintendent for lOOS he states that on account of two floods in March and May he lost several thousand trout. He also reports that in that year the experiments with bass s])'>^v(m1 tluit tlie station was not suital^ie fov t' - v (vn^pti' i? ri" b-^ss. The Superintendent in his report for 1010 says early in February there came a sudden thaw and a heavy downfall, which created a flood in Spruce creek. It was the heaviest flood in a number of years. It overflowed the banks of the stream and rose within six inches to the top of the dvke. A bieach of 10 feet wide was cut from the dyke and the flood poured into the large ])ond carrying away the entire stock of bass, sunfish and catfish. The flood also carried away the bridge across Spruce creek near the dwellins: house. In Se])tember, 1011. Spruce Creek was airain flooded and the water about destroyed nearly all the imiirovements on the hatchery grounds. Tlie large hatching house was undermined and had to be taken down, while many ponds were destroyed. Of the iionds left a number of others were washed out by a subsequent flood. The work of restoring the hatchery would have been virtually more ex])ensive than building a ncAV one and the Roard of Fishery Commission, in view of the sit- uation, decided that the best thing to be done with the property was to sell it. , , , r, 4 4. Spruce creek, as mentioned above, would always be a constant menace, and a dvke sufficient to pTotect the property would be enor- mously exjiensive and there would always be a liability of a break from some cause. ^ ^,.^0 ..i • • A bill was introduced into the Legislature of lOI.*^ authorizing the sale of the property and it was enacted and signed by the Governor The property M'as advertised fo- snV and was knocked down at .f3,0r)0.00. within $100.00 of the oviginal price. This was a reinnrkablv good bargain for the Commonwealth. 38 REPORT OF THE Off. Doc. AN AMATKlTirs EXI'EIIIENCE. Some very interesting letters come to the Pennsylvania Department of Fisheries, especially those relating to the experiences of persons in raising fish. Recently one was received from Indiana county that shows how successful persons can be in raising fish and frogs!^ The correspondent says: "I tried propagating brook trout years ago, built a small pond and stocked It with wild trout I caught. They lived and grew nicely for me, but after studying the matter I concluded T could not give them the care and attention necessary, so about that time the German carp was introduced and we got a few from the State and thev did nicely. "I made a larger pond, about an acre in extent, ranging from one foot to seven feet in depth with a sjuing in one corner of the mue cold water that will not freeze in winter. 1 soon had barrels of lisli, some of them two aiKl a half feet in length. 1 sup])]ied evcrv one lii-.i want^ed any to stock ponds, and people came fiom eight to ten miles tor fish for sick people, which we also supplied. Everybody said they were good and we used some and tliought them vei-y'good when not too large. "But finally chubs got into the pond and got so numerous that Uey ate ail the s])awi. (,r the ciIum- fish. There we:e .Millions of them from one to two inches long, and I sent for some wall-eved pike which the State sui)plied me. T got two cans and the fish looked like grounds in the bottoms of the cans before we put them in the pond J think It was in March when we jdanted tliem and in the late Fall J caught some of them and tliey measured from eight to ten inches in length, while the little chubs were all gone. The last pike I cau'-ht measured 22 inches in length. ' <^«iu^ni "Then I caught some rock bass and put them in the ]>ond along with a few cathsh. T think they are hard on other fish and the Tmnd seemed to be full of little ones from two to four inches hu,- 1 "nl catching the])i out and putting them in the streams around lieVe 1 can hardly catch anything but the little ones for they take the liook as last as it is thiown into the water. 1 now wan't them all out and want to stock my |>ond with the best varieties of catfish "I have raised the big river frog by the thousands. They are no trouble at all to be raised. All that is needed is a good pond with I'lei'tv o. wate"dee'> eiion-.-h Co- ;:• {;^'>-| ion and ll-e Lode's we'l iry ered with water plants such as bull-rushes, flags, swamp grass, oic so they can nde and sj.awn in it. As soon as the spawning season IS over the big fellows take to the fields and off to the streams traveling quite some distance, as faimers tell me they find them in their spring.s and watering tioughs two or three miles from here \\hen si>awning time comes, however, we find most of them back and almost making the earth shake with their music. I thou"-ht at first I could not stand it, but now I like to hear them after our fon^ dreary winters are over. "^ "They have innumerable enemies, crows, hawks and snakes th-it destroy many of the little ones, while minks, muskrats and raccoons j^„ 21. DEPARTMENT OF FISHERIES. » live on them to some extent. The frogs live largely on insects, but thoT will cSch small birds and a small chicken two or three weeks iKu be swallowed with the rapidity that will surprise the on- looker." ■ NEW BOAT AT TORRESDALE. '/, y. The last Legislature made an appropriation of |1,500.00 for the pur- chase o?abo"at to be used at the Torresdale Fish Hatchery. Such float was g^atlv needed, ..s,,ecially during the shad season, when U vNits on the river the various lishermen and gets the shad eggs tron ,e u Out of theapi.ropiiation (he Departineut has purchased a boat ^4 eet ong and 8 too G inches bean, and fully equipped in every ;* V IVrTw wo.k. th.M«. I».ing p!cnty of .no,,.. The l„«,l ,s a .•,■„,«.,• ^ tha w 11 s and any weathe,- that it is likely to meet in the Delaware rWer. The value of the shad fishery has been increasing eveiTyem-and the new boat will be a great help in assisting the work of giiti.ering the eggs. THE COMMODORE TERRY. The Departmenfs (ug ron.modore Teriy on I^ake Erie Ims con- tinned to prove her value to the service. All the fish hatchcl at the F He stntion and the T'nim, Cilv stati..,, weie duly and carefully Salted bv the l'e,rv. an.l all the eggs obtained f.o.n the Canadian shoip were brought hv the IVny to (he hatchery. I is a te-H^-lc s(o,-,„ wl,ich will dote,' (he I'erry from going to her wo,-k or pe,fo,n,ing an act of duty. When storms rage high on the V,kea"^mporlled boats call for help, it is the I'eny that is always c'lllc ipm to go to the vescue and she has never failed in an emer- ^encv T me and wo,k l,ad left their finger marks upon he sturdy vessel' a,,d (he last T.cgisla(u,e made an a,,proprla(ion for the .ebnild- ,^' o'h l..a! .M,d .,7, '."■ ii, s„ '« o Take E,ie fro,n her walery g.ave in Miseiy Ray. whc'C sl,e had "ai,l sub,„e,-g;,l for seventy o.- i„o,e years, and the (^on.mo.lo.e Pe.Ty was a vei'V valuable aid i.. doing the wo,k. FISHWAYS, The la.k or clli.i,.,„-y of part of (he Cai fishvyay at Ilol(wo,..l Da,,. c.„sed nuch poimlar discussion among the fishern.en at that point. Medi . ve re held i.. York county and lesolutions a.lo,.(ed demand- 1. y INTENTIONAL 2ND EXPOSURE No. 21 DEPAUTMKXT ( »F FISfTKUIl'S, livP on them to some extent. Tl.e fio-s liv<' lar-ely on insects, bnt Hv "il ea e . small hinls and a snmll cl.ieken two or I hm^ weeks o MW be swallc.wcHl with th. .ai.hliiy that will snrpv.se the on- ol looker." NIOW BOAT AT TOlUJKSDALi:. :;■ ,, >li(rw<» k i;t.-.'i.Mn-|>N'n1v ;,,,,Uo.n,v .110 iViiv. iiiHl .111 ilio ou'.s ol„i,i,io.l ri...» .1.0 Cnn.-.l.a.i shoio wol'.. l>i-oimlil I'V llio I'oi-iy lo llioliiil.li..iv. N 1, t..,viUl.. S...11.1 wl.i.li will .IH.'i- ilio Poiiy lioni ;^..„ij: lo i .•■ woik ...■ iM.iloi, 1,1,1..: ii.i ii.-l '..■ 'lol.v. WlH.„ s.o.iiis ,;,};<. l„j.Hi -.n I i;; I I 'iniil i,,,|...iil...l l"".ts.-,!ll foi- li..l|i. il i- il"' I'oiiy llui. ,snhM,>s :. ,,n, „,„ lo I!- ■•-•■I- ^^"'1 -'"• i'^"' »'■""• '^"''"^ '",•■'■' r"'T ;; Ti, ,„.i «,„k i.„i loft ,ii..i,- n.i.^-v .i.^Ks "I-" ;!'<-<•;.;> volsol. ,111.1 .1,.. I,is. I......isl:iliu.. .11,1.1,. ,111 ,„,|,„.|in,i,io,i lor Hio i" '" 1^ n.'.t i',.. ,. .m.nii.-.' I"ll>" "••<- "f I"-- ^^^^ <■.•..«• wliontli<.ys„ilo.l from ,1,,. ImrlK.i-. ..itlii.i- l"r "'"I- '"■ I" ""' ''''*••'"' '^1 ""l'''>il<"l li^!'>. Til.. l,isl sossion or ll'.o 1.,.l.isl„liiio ,„nss...l „n ,il.l.,-.> ni, Ik " ' ,.,is , .. ,1,0 Xi„...,u„. .1,0 ll„.r sM|, or .^„i,.,io.l..ro IVny. M, ilio l„i il. T-ko Kiio fi-oni li.T «„loiy -„v,. in Misory l!„y. wliovo sl,o I,„.l ;,Il,l s,,l,,ii;.i"..,l lor s..v,.i„v ,„• „,.oo v,.,„s. „,„l .1,,. .■on,nio,l..ro I'orry \v,is „ vorv v,ilii,il,lo„i,l i„ 'loiiu' llio ""il<. nsiiw.ws. T|„. 1-,,-U ,,, ,.tli.i,.:MVor |-„,-t .ril„.<'„il lislnv:,v :,| II,.1,v.h,.I |i.„„ ...,„v,.,l Miii.li ,,o,.ill,ir'.lis..nssi.m iliiioiij; Ilio lisli..ini.n .-.. . lu. l.o,i,l. V.oii ,.." w..,.'l,.M ill Vork .•oiiiity ,in.l ivsoliMions „,lo| 1 .1..m,„iiartment has received letters from many of the Departments of Fisheries of the various States and the United States asking for the details of the construction. As showing the general interest in the matter, the Department has received a letter from a representa- tive of the Imperial Fisheries Institute of Japan asking for the plans and descriptions of the newly built fishway so that it may be studied as an available fishway for the waters of Japan. FAIKMOUNT TAlUv AQUARIUM. The Department of Fisheries has continued its co operation with the Philadelphia Park Aquarium in the way of keeping n\) its supply of fish, and feels that in doing so it has holjfed to funiish much inl'o - mation and pleasure to the visitors at the Aquarium in Fairmount Park. The following is the lepoit of the Sui'erintendent of the tish caught by the employees of the Aquarium duiing the year 1913: Fairmount Park Aquarium, Philadelphia, December 1, 1018. Yellow perch 1 ^9 Large mouth bass, 66 Sunfish, 468 White perch 1 Rock bass, 1 No. 21. DEPARTMENT OF FISHERIIiiS. « Also last spring the Water Bureau dr^^w ofl -the v^ater froha the oM reservoir at Fairmount, preparatory to its deiriolitio'n toi make'rooiti for the new Art Gallery. I took therefrom the-foliowing fis^li- (approx- imately) : '.':..': Yellow perch, ^t'^^^ Sunfish, ^'^^^ Small mouth bass, ^ The sunfish and yellow perch being far in excess of the number re- quired for aquarium purposes, were trans])lanted to the Wissahickon creek, about: Yellow perch, ^o'aaa Sunfish, ^'""^^ and the remainder were placed in lakes in Fairmount Park. Confirming my report of last year, for 1012, I would say, that no small mouth bass were taken this year from the Schuylkill river at Fairmount Dam. But a large number of large mouth bass were caught. The small mouth seems to have disappeared entirely. That only nine small mouth bass were found in the reservoir, it seems to me, clearly indicates that this species has entirely disappeared from the lower' river, due undoubtedly to the bottom being covered with mud instead of rocks. W. E. MEEHAN, Superintendent. PERMITS. Under the ])rovisions of the Act of May 1, 1000, the Department is authorized to issue permits in various cases such as to transplant fish, take fish for scientific purposes, &c. The following permits were issued during the year : To transplant fish to suitable waters, 10 To take fish or sj)ecimens of aquatic life for scientific jjurposes, 5 To screen an artificial i>ond in which the water was being low- ered for repairs, 1 To use explosives, ^ To close the fishway on account of low water, T) To remove carp, To take fish for spawning purposes, 1 To take eggs in Lake Erie, 1 The permits for the use of explosives were issued generally for the ])urpose of allowing persons to remove rocks that interfered with navigation, but four ])ermits for the use of explosives were for the purp'ose of raising corpses of persons accidentally drowned. 42 REPORT OF THE Off. Doc. TIDE. WATER SEINE LICENSES. One license was issued during tlie j^ear in Philadelphia for the use of a haul seine for taking carp, suckers, mullets and cattish under the provisions of the Act of June 3, 1911, in the tide water streams wholly within the Commonwealth and within the limits of tide water of said streams. Since liie closing ot ilie ye;i ■ iiie tieasu.er of Delaware county sends in three duplicates of licenses that he issued duiing the year. So these license fees do not appear in the receipts for the year. Under the law remittance of the license fees should be made'at once to the Department of Fisheries so that the license can he legisleied on the Dei^ai tment hooks as notice to tiie wjndciis tliat the operators of the nets are duly licensed. GERMAN CARP. Some years ago Dr. Spencer Baird tliought it was desirable to intro- duce the German carp into American waters, not considering the fact that there are so many fish native to this country that are far superior in every way to the German cai p. The German carp was introduced into Europe by the Crusaders and instantly made itself at home, in which process it about eliminated all the other fish, leaving the carp as the main lish to be depended u]M)n for a fish diet. it multiplies enormously and grows to a large size, but the average person regards it as coarse and growls over their abuns oT lie slicaiiis and waters and kccj; ii,( iw constantly muddy. This muddy water fioating over the spawning beds of the bass, for instance, drives the bass from his nest, and the result is the death of the bass eggs. In addition the carp is a spawn eater like the sucker and he develops almost human ingenuity in his pursuit of his favorite food. No. 21, DEPARTMENT OF FISHERIES. 43 Fishermen tell what seems like extravagant stories of the ingenious way in which a carp will lure a bass from his nest in order that the vaHous friends of the carp may get at the spawn. The bass will guard his nest and fiercely attack any enemy that approaches the nest, but the fishermen say that one carp will attract the attention of the bass and engage him in a running conflict while the eggs are being eaten bv the other carp. That there is a demand for the carp for market *is shown by the various requests from the fishermen living around Philadelphia to take out licenses to net tor carp, and in Presque Isle Bay whei-e the carp had become a nuisance the Depart- ment issues licenses at |5.00 a i)iece for the taking of the carp and the take runs into thousands of pounds. So long as the carp has a commercial value there will be fishermen who will take it, and complaint comes from the Delaware river that the carp are fished for so persistently that the fish are becoming scarce and laws are asked for to make a close season. RAINBOW TIJOUT. As mentioned in a former report, the Department learned that the rainbow trout thrives and multiplies when in the coldest waters, close to the snow line. Millions have been planted in Pennsylvania ;ni prices in the market, he is not nearly as desirable a fish as any of the s])ecies of fish native to the Commonwealth. Fish are naturally cannibals, but nature in its work, provided a balance so that there were not more enemies than there were fish that those enemies preyed upon. The sucker, for instance, is a spawn eater, •nid s ) is the eel. and when the (a; p was added to the fish in tlie watei s of the State it destroyed the balance by bringing in the spawn- eater. 44 REPORT OF THE BROOK TROUT. Off. Doc. With the work of rebuilding- the ponds and hatcheries there was much interference with the propagation of fish, yet the Department made a better showing than it had really hoped for. The plan adopted by the Department to plant only trout in the yearling stage necessi- tated more pond room than was required when the fish were shipped in the finger-ling stage, but every Superintendent bent his energy to the work and really did surprisingly well, considering the drawbacks they had to contend with. This question of pond room the De])artment hopes to have settled by next year, and then the output of trout will be brought up to the demand. That the shipments have been successful is shown by the fact each recipient is requested to return a statement as to the num- ber of fish he actually received and the condition they were received in, and not one person in fifty made a complaint, but spoke in the hi'licst tonus of the sntisfactory manner in which the fish were re- ceived and showing by the tone that they had appreciated the larger size of the fish sent whicli Avere so evident to the naked eye. Under this system of getting returns sent it is possible to fix tlie trouble and to bring about a remedy, or if it is caused by the carelessness of the messengoi- to dismiss him from the service so that the same cause could not bo operated again through him. There are many streams in Pennsylvania which would be better trout stieams if little care and judgment were used by the farmer and tlie angler. The streams need shade to keep the water cool and this shade can be secured by planting shrubs and bushes along the bank. These shrubs aflord a nesting place for various kinds of winged insects whose larvae will droj) into the stream affording food for the fish, thus serving a two-fold object of shading the stream and furnish- ing food for the denizens. The stream should be su])plemented with branches of trees to bring it to its former natural condition, the branches being hiding places for the fish, especially for the young fish, and thus a piotection from their many enemies. In many sec- tions of the Commonwealth the timber is again growing up and this converts former trout streams into present ones, they having boon de- serted by the trout when tlio water ran warm due to the rays of the sun that are now shaded by the growing timber. The Department has received several requests that streams be closed for a period, in order, as the petition asked, that the fish may have a chance to grow and multiply. Tlie Department is not in svmi^athy with tliis closing of any streams, but believes that they should be kept open and kept full of fish by constant restocking. While closing a lake or pond has advantages, tliese advantages do not pertain to a stream. Tn addition to tliis the worst fishing of a stream is done by the fish pirate wlio uses all sorts of illegal methods to get the fish. To advertise the closintr of a stream is to notifv the ]»irato that tlio fish have been placed in it and lie sneaks to the banks by night to do his nefarious work and captures Ihe fish that some at least should belong to the law abiding citizen. I No. 21. DEPARTMENT OF FISHERIES, MUSCALLONGE. 45 The Department has supplemented its first planting of muscallonge in Ponnsvlvania in 1!M2 bv a second planting during this year, the eggs being obtained by exchange with the New York Conservation Commission. The fish'were planted in the various lakes in the west- ern part of the State where muscallonge were natural inhabitants, and very encouraging reports come from those sections as to the thrivin*'' of these planted fish. The taking of a lunge is considered the highest possible sport by anglers, and the Department hopes by repeated plantings, to keep up the supply in those lakes where it was a natural inhabitant. , • ui x It is an extremely voracious fish and therefore most undesirable to plant in anv but its native waters, as it would really clean up a body of water even more effectively than the bass, because it is a larger fish than the bass, and has an appetite in proportion to its size. Under no circumstances will the Department introduce the muscal- longe into waters east of the Allegheny mountains. BROWN TROUT. With the passing of the forests and brush many former good trout streams have become too warm for the speckled brook trout. He is a decided connoisseur of waters and quickly flees from any water that rises above sixty degrees of temperature, while he prefers water of much lower temperature than this. Some years ago a German intioduced into this country the trout of I':nirland, whoso juaisos wore so ])rofusely sung by Tzaak Walton, the Patron Saint of all anglers. Unfortunately the fish got linked to them the name of the German brown trout, which as they are the English trout, is a misnomer, like the term salmon appliefl com- monly to the pike perch. The brown trout thrives and flourishes in the foMMorly too warm tnmt sti earns, and ho grows to a size that fills the fisherman's soul with joy. While not so gamey as the brook trout, yet taken altogether he is rather a sportsman's fish, as some- times he will give a battle royal to the angler using light tackle. Tn the view of the Department the brown trout is a desirable fish and it is proposed to propagate them in such quantities that the streams to which they are suitable will be stocked in a manner that will afford the fishermen good creels. The brown trout is confounded by many with the rainbow trout, but as has boon shown in a previous report, the rainbow trout is not suitable for the waters of Pennsylvania as he thrives only in Iho coldest waters that flow from the summits of the Rocky Mountains, while the brown trout are increasing and multiplying in many of the streams of this great Commonwealth. 46 REPORT OF THE Oflf. Doc. The question has been asked the Department whether the brown trout will not drive out the native chair or brook trout. Experience shows that the speckled brook trout is fully able to take care of him- self in the waters which are suitable for him, and therefore there is no fear that the biowu trout will ultimately drive out the native speckled trout. The reports received b}^ the Department from the streams stocked with brown trout are extremely favorable and show good catches f;( 111 si caiiis tliat some vc^n s aiio wei e inhabited bv soecklcd tiout, but which the speckled trout had abandoned by the water becoming too warm, and the streams were Ashless until the brown trout were introduced. In Brodhead's creek in Monroe county the brown trout have done extremely well and do not seem to have affected the number of brook trout in the colder waters of the stream. It has been noted that at the opening of the season when the water is still wintry cold the catch is nearly all speckled trout, but as the season advances and the water is warmer the broAvn trout are caught. THE BLAOK BASS. The black bass is one of the game fish that is in great demand by anglers, and more ai>i>lications for this lisli are jirobably received than foi' any other excei)t tiout, yet as a matter of fact the Depart- ment does not recommend the jilanting of black bass in any but the larger streams of the State, such as the Suscpiehanna, Juniata and Allegheny rivers. It is a most destructive fish and kills for the pleasure of killing. After a bass has surfeited itself it will proceed to attack a school of fish after the ninnner of a teirier killing rats in a jiit, and will destroy numbers of tish meiely to satisfy its savage desire for fun. In many of the lakes in the northeastern ])art of the State where bass have been planted, the fishing has really been badly sjioiled. Theie were numerous lakes wheie there was goo^l fishing foi- ])ickeiel, yel- low perch and bull-heads, but since the introduction of bass have be- come ])oor lesorts for the fishermen. The bass is an erratic creature. Some days it will be possible to go to a lake and make a good catch, and then one may go for a week ami not get a strike. On this point the Dejiartment is tiying to make an object lesson to the anglers as to the capabilities of a lake to afford fish for the angler. It has secured the Beaver Meadow Beser- voir in Wayne county as a necessary adjunct for the supply of watei* for the Wayne hatchery. The reservoir contains about 150 acres of water, which has been planted during the past two years with fish until it absolutely teems with fish, all fishing for the ]>resent being ]>rohibited. In the course of anothei' year or so it is ex])ected to o]ien this lake to fishermen who use one rod and line, and the De|.art- nuMit feels sure that with only rod and line fishing the suj)ply of fish in the lake will be equal to the demand. No. 21. DEPARTMENT OF FISHERIES. 47 It is noticeable that the bass thrive better in the streams in the Ohio Basin and are more prolific than in the waters in the north- eastern part of the State. This is probably due to the higher temper- ature of the waters in the Ohio Basin. Dr. James A. Henshall thus speaks of the black bass: ''The black bass is eminently an American fish. He has the faculty of asserting himself and making himself at home wherever placed. He is plucky, gamey, brave and unyielding to the last when hooked. He has the arrow rush of the trout, the untiring strength and bold leap of the salmon, while he has a system of fighting tactics peculiarly his own. He will rise to the artificial fly as readily as the salmon or the brook trout, under the same conditions, and will take the live minnow or other live bait, under any and all circumstances, favorable to the taking of any other fish. I consider him inch for inch and point for point the gamiest fish that swims." It is this gamey character that commends the bass to the angler and the bass always lives up to his reputation, but as shown above, there are limitations to the desirability of placing bass in all the waters of the Commonwealth. Give him plenty of room and when he is in a mood for biting the angler can take him, but when he is planted in a small lake, and it is not his day for biting, the angler gets nothing, because the bass has virtually exterminated the other varieties, and if he had not been i)lanted in that small lake the fish- ermen would go home with a string of pickeral, yellow perch and bull-heads, which is a far more satisfactory condition than going home with nothing to show for his day's sport. The black bass is the hardest to propagate of any of the fish dis- tributed bv the Department. The reason is that the eggs cannot be taken from the fish artificially, and therefore the supply of bass must be entirely depended upon by cribbing the nest after the fish has naturally spawned. To allow the young bass to grow to a size suit- able for'^shipping, there must be very large areas of water, to which end the Department has striven energetically. In view of the fact that they cannot have the eggs taken from them artificially and the large areas of water required, the bass are the most expensive of all the fish to raise. Owing to lack of large areas of water the Department has not been able to accomplish much in the propagation of black bass, but it hopes soon to have secured such large ponds that it will be able to supply all the black bass that are needed for the State. PIC5KEKAL. From the reports the past season has been a very good one for pickeral, many unusually good catches being reported. The pros- pects of a good season next year is very good owing to the fact that the mild weather has prevented tip-up fishing through the ice. The tip-up fishing is more destructive than the average person thinks, because examination shows that most of the fish taken through the 48 REPORT OF THE Off. Doc. ice are females heavy with spawn, and each female pickeral caught destroys a very large family addition to the fish. The female pickeral during the ice season is getting ready to spawn and has an insatiable appetite which impels her to take everything edible in sight, as in the case with females of all kinds during the time of parturition. There has been much confusion and considerable correspondence in regard to the open season from the fact that in the digest of 1011 the compiler made a table in which it fixed the open season for pickeral from June 15 to December 21, instead of December 31, as the law reads. This same mistake was repeated in the digest for 1913. In view of this killing off of the female pickeral during the ice season, it would seem that the persons interested in pickeral would desire that the season for pickeral closed at the same time as it does for black bass and other game fish, that is November 30, which would cut out the ice fishing. YELLOW PERCH. The yellow perch is one of the most valuable of food fishes in the State and it is doubly valuable on account of its immense fecundity. There are lakes in northeastern Pennsylvania where the yellow perch are so abundant that the expert angler regards them as a nuisance, but the fishermen who wants a fish dinner finds that the yellow perch are just what he wants. It is gamey, it takes the hook with avidity, and where they abound it does not take long to obtain a string, and to its edible qualities it is regarded by many as the best pan fish of all the fresh water fishes in the State. During the past two years the Department has been planting very many yellow perch and the result has been that in cases like Presque Isle Bay at Erie, it is becoming well stocked with the fish, and every fisherman is enabled to get a good string. The eggs of the perch are largely gathered by field work, the perch depositing its eggs in a string upon branches and roots in the water. The Department hopes to continue this work with the yellow perch until it has fully re- stocked all the streams and waters for which it is suitable. DELAYED REPORT. It is a source of much regret that the annual report for 1912 was not received from the printer until long after the adjournment of the session of the last Legislature. The Department had carefully worked out its plans and showed what it intended to do during this year. If this report for 1912 had been received by the members of No. 21. DEPARTMENT OF FISHERIES. 40 the Legislature it would have made the work of the Department more thoroughly understood and brought about a better feeling towards the needs of the Department. In closing my report I wish to extend to you my most grateful thanks for the many courtesies received at your hands and your very valuable advice in the administration of the office. Respectfully, N. R. BULLER, Commissioner of Fisheries. REPORT OF HATCHERIES. CORRY HATCHERY. Corry, December 1, 1913. Hon. N. R. Buller, Commissioner of Fisheries. Sir: Herewith I have the honor to transmit the annual report of the Corry hatchery for the year ending November 30, 1913. The year just passed has been a very busy one, especially since the first of June when the new appropriations became available. Very complete plans for the completion and rehabilitation of the hatchery had been carefully drawn and contracts awarded for the work to be done, so that it could be done as soon as the money was in hand. The first contract was to build the ponds under Unit No. 1, which comprises 23 ponds. They were built of re-enforced concrete with concrete bottoms, the walls being from 10 to 14 inches thick, and from 21 inches to three feet deep, amply sufficient to stand any frost thrust, the concrete bottoms making the cleaning of the ponds much easier, and cleanliness is one of the first demands made of the suc- cessful trout culturist, as unsuccessful hatchery people have dis- covered by sad experience. The ponds run from 20 to 40 feet long and IG feet wide. There are eight more ponds which are all completed, except the coping, frosts setting in before they were completed. The 23 ponds are all in use and prove very superior to the old make-shift ponds. Two reservoirs 10 by 10 feet and four feet deep were also completed. There was also a number of flumes built in the same substantial way with re-enforced concrete. All the ponds are arranged so that they can be fed or drained separately, and the water is fed to the ponds with a good aeration so that it can be used over and over again to its final capacity. A num- ber of retaining walls were also built in the same manner as the other work. The finished ponds are all topped with a neat coping which adds materially to the appearance of the work. Indeed, all the ponds are really as much an ornamental adjunct as useful. 4_2l_1914. 50 REPORT OF THE Off. Doc. During the coming year it is expected to finish up the remaining ponds in the same substantial and ornate manner as those con- structed this year. This will make tlie Corry hatchery one of the most complete*^ and substantial hatcheries in the country in regard to ponds and facilities, and afTord ami)le room to raise all the trout that will be demanded by the section of the country that it is called upon to supply. A new and substantial hatching house was also built of brick and steel with floors of concrete, there being no wood used in the con- struction except the window frames. It is 110 feet long by 38 feet wide, two stories high, the upper story furnishing storage room for the cans and other requisites. It will contain 17 double troughs 18 feet long and 18 inches wide on tlie inside. Tlie hatchery will also be fitted with a heating apparatus, which will add materially to the comfort of the employes, as tlie greater part of the work of the raising of trout has to* be done when the eggs are in the troughs and the thermometer ranges outside much below the freezing point, and anybody who has tried it knows that working in water only a few degrees above the freezing point with the temperature of the air much below the freezing point, is not as pleasant a pastime as eating ice cream on a hot day in the summer. The water supi)ly at this hatchery is entirely under the control of the Department of' Fisheries and is ample for any demand that may be made upon it. These are the two most essential points on the working of a hatchery : The absolute control of the water and plenty of it, a shortage of water being death to the fish and always occuriiug at the wrong time, if it occurs at all. The grounds have all been graded as far down as the No. 1 hatch- ery, a very large amount of the earth being required to fill in, some places being five feet. All the marshy spots which were eye-sores were filled uj). The trees were thinned out so that the grounds will not be so much shaded and the whole sown with grass which set finely and promises a nice lawn by the coming year. A number of deciduous trees were set out and much shrubbery of an ornamental character. Most of the trees taken out were of the evergreen variety whose shade was too dense for grass to thrive under and whose needles smothered the grass they covered. The walks were all regraveled and the grounds terraced, steps being placed in the walks where required. A new roof was placed on No. 3 hatching house. A gravel road was put in from the load to this house. Shades were made and placed over all the new ponds, the shades being made of inch sur- faced with stringeis of four by six inch surfaced jiine and all painted. The spring house was all gone over and jiainted. The grounds east of the new hatching house were all cleared of brush and will be treated as an ornamental park, though a few ])onds will be added there. Next year other desirable things will be added, among these will be a half dozen large ponds for the carrying of the larger fish, especially the breeders of the brown trout, as the demand is such for these fish that it will be necessary to propagate them in larger numbers than ever before. The Department is not able to obtain the eggs of the brown trout so it will have to arrange to have a supply for its own breeders. A meat house is needed at some distant point of the grounds, as in spite of every effort in the way of cleanli- No. 21. DEPARTMENT OF FISHERIES. 51 ness there is a smell from the meat house that is undesirable in the air that visitors and employes are obliged to breathe. A larger ice house is also needed as the way that the fish are now shipped re- quires more ice than formerly. During the year the piopogation of fish was much interfered with by the work going on in the ponds. This required the changing a'lound of the fish from pond to pond and there was too much hand- ling while the water was kept roily. It was really surprising that the hatchery was able to show the results that it did. The end of the year showed that nearly every application had been filled and there are enough fish left to' fill nil the applications on hand. There has haidly been a comp'laint filed by the persons who applied for fish, but on ihc contrary the lecipients have sent in compli- mentary remarks. On two occasions where the fish did not arrive in satisfactory manner the trouble was found to have been the negli- gence of the messenger in one case and the other of failure to obey orders, which resulted in the discharge of the messenger so that he could not repeat the fault. The notification to an applicant for fish that his fish will be sent on a certain date and a certain train seems to be worded so that it ought to be understood by every one who could read English, yet in s]nte of the fact that ^he letter says "unless the man answers no fish will be sent," theie are some jiersons who do not take the trouble evidently to lead the circular for they do not send in an an- swer as to whethci- they will meet the tish, and consequently they get no fish, because the sirii>ment is not made, which causes them after some time to write to the Department in a sarcastic manner as to why their fish did not arrive. The DeiKirlment used to have more faith in the genuineness of the imr])oses of (he people who api)lied for fish, but after experiencing the loss of manv cans of fish on the ])latforms of railroad stations, be- cause the applicants did not take the trouble to come after them, it has come to insist that if the people a)e in earnest about getting fish they will at least take the trouble to write on receipt of a notice of shipment that they will be on hand to take care of the fish. In spite of all the drawbacks under which the hatchery labored in raising its fish, the shipments were all gotten out in good condi- tion and'the strength and health of the fish was shown by the al- most total absence of dead ones in the cans. This is a remarkably good showing when it is considered that the fish were shipped in all kinds of temperatures. The first of the biook trout eggs were received November 3d, and all arrived in good shape with the exception of one case. At the time of this report the eggs are all doing nicely and promise a good yield. The brown trout did not do so well as expected, there being only 20 tiays of eggs taken as against 34 last year, though there were more breeding fish this year than last. The trouble was probably due to the C(nistant (hanging and moving the fish had to undergo durin*^ the vear. It is hoped that a far better showing can be made next year wlien the fish will not be so much disturbed. The following is the distribution of fish duiing the year: 52 REPORT OF THE Off. Doc. YEARLING BROOK TROUT. Allegheny County, 1,200 Bucks County, 5,400 Bradford County, 300 Centre County, 6,300 Cambria County, -5,400 Clarion County, 900 Clearfield County, 2,700 Clinton County, 15,600 Crawford County, 6,000 Columbia County, 600 Cameron County, 30,000 Dauphin County, 300 Elk County, 23,400 Erie County, 16,800 Fayette County, 24,000 Forest County, 10,800 Indiana County, 1 ,200 Jefferson County, 15,900 Lycoming County, 28,500 Lancaster County, 1 ,200 Luzerne County, 1 ,500 McKean County, 79,500 Monroe County, 3,900 Mercer County, 500 Northampton County, 3,600 Northumberland County, 5,400 Potter County, 28,200 Pike County, 10,200 Snyder County, 2,100 Somerset County, 6,600 Sullivan County, 18,300 Susquehanna County, 300 Tioga County, 3,900 Venango County, 13,600 Warren County, 16,500 Washington County 1 ,500 Wayne County, 300 Westmoreland County, 300 York County, 2,700 Total, 395,600 YEARLING BROWN TROUT. Allegheny County , 900 Bradford County, 300 Clinton County, 300 Centre County, ' 6,600 Crawford County, 3,000 Delaware County, 1 ,800 Elk County, 300 No. 21. DEPARTMENT OF FISHERIES. 53 Erie County, 300 Fayette County, 300 Forest County, 2,100 Huntingdon County, 3,900 Luzerne County, 32,400 Lawrence County, 2,000 Lackawanna County, 14,900 Lycoming County, 3,300 McKean County, 600 Monroe Country, 11,100 Montgomery County, 1,200 Northampton County, 6,900 Potter County, . . . ." 300 Somerset County, 600 Tioga County, 300 Venango County, 600 Washington County, 1,500 Westmoreland County, 600 Wayne County, 1,500 Wyoming County, 1,200 Warren County, 1,800 York County, 900 Total, 101,500 For an exchange with the Dominion of Canada at Toronto, . . 5,000 ADULT BROOK TROUT. Erie County, 100 ADULT BROWN TROUT. Lancaster County, 1,250 BROWN TROUT EYED EGGS. For an exchange with New Jersey Fish Commission, 15,000 Total, 518,450 Respectfully submitted, WILLIAM BULLER, Superintendent. .'54 REPORT OF THE ERIE HATCHERY. Off. Doc. Hon. N. R. Buller, Commissioner of Fisheries. Erie, December 1, 1913. Sir: I lierewith submit the annual report of the Erie hatchery from December 1, 1912, to November 30, 1913: Owing to the fact that the Erie water sup])ly is being treated under the direction of the Depaitment of Health, the water is no longer fitted for the use in the liatclie^y here, so there has been no hatching of eggs at this hatchery ond enough so that the eggs could be found most of the eggs were smothered by tlie dirty water. The perch fry were all planted in the Delaware river and its tribu- taries, and from all accounts they have done very well as there have been a great many fingerling yellow jierch caught at different ])laces along the Delaware river by people seining for minnows. Some of the fishermen have reported that they saw more fingerling yellow perch last fall than they have seen in years. The wall-eyed pike eggs from the Wayne hatchery were received April IG. They were the same as year liefore — very good eggs and hatched with very little loss, some of the eggs not being taken out of the hatching jar and screened from the time that the green eggs were idaced in the jar until they were hatched. The applications were all filled and a large plant was made in the upper Delaware river, while a plant of fry was placed in the lower Delaware river. There were a number of adult wall-eyed pike caught by the fishermen in the lower Delaware river last spring in the shad nets. No. 21. DEPARTMENT OF FISHERIES, 00 On account of the low temperature of the water there were no shad eggs gathered until April 28, and the water was very cold all through the shad season, but the eggs that were taken were very nice and about 70 per cent, of the eggs turned into the hatchery were hatched. Every eflort was made to secure all the eggs possible on the Delaware river so far as we were able to cover the river from the hatchery. The fishermen all took great pains to save all the eggs that it was possible for them to do. Most of the fry was planted in the lower Delaware as on account of the cold water the fry had to be planted as soon as they were hatched or they would settle to the bot- tom of the fry tank and smother. It might be added that this plant- ing of tlie fry in the lower Delaware river appeared to greatly please the fishermen. The catch of shad in the Delaware river was reported to be very nearly double that of the year before, while the shad are running larger in size from year to year, a 10 pound shad being very common this jQixv, and there were a few taken that weighed over 13 pounds. The shad fishermen all claim that this was due to the artificial propagation of shad that is being done by the Pennsylvania Depart- ment of Fisheries. All say that before there were any sha00 Huntingdon County, 3,200 Indiana County, 400 Lackawanna County, 1 ,200 Lancaster County, 11,400 Lawrence County, 200 Lebanon County, 1,000 Lehigh County, 1,000 Luzerne County, 2,400 Lycoming County, 1 />00 McKean County, 000 Mercer County, 1 ,200 Monroe County, 1 ,400 Montgomery County, 5.200 Montour County, 400 Northampton County, 000 Perrv County, 000 Philadelphia 'County, 13,200 Pike Countv, 200 Schuylkill Countv, 000 Sullivan County, 3.000 Susquehanna County, 20() Venango County, 200 Wayne Countv, 1 ,>^00 York Countv,*^ 200 Total, 70.000 PIKE PERCH FRY. Berks County, 450,000 Blair County, 150.000 Bucks County, 450,000 Chester County 150,000 Cumberland County, 150,000 Delaware County, 150,000 Juniata County, 300,000 Lancaster County, 450.000 Lehigh County, 150,000 Mifflin County, 150,000 Monroe County, 800,000 Montgomery County, 150,000 Philadelphia County, 790,000 Total, 4,290,000 SUNFISH FINGERLINGS. Berks County, 10,000 Blair County, 200 Bucks County 7,000 Cambria County, 200 Carbon County, 200 No. 21. DEPARTMENT OF FISHERIES. 83 Chester County, goo Dauphin County, *. i^oOO Delaware County, 4 OOO Franklin County, 400 Huntingdon County, 3,200 Lackawanna County, 600 Lancaster County, 11,600 Lehigh County, W.W. 600 Monroe County, 2OO Montgomery County, \\\\ 8,000 Montour County, 2OO Northampton County, 2,000 Philadelphia County, 23 300 Schuylkill County, 'goO Sullivan County, 2OO Washington County, 400 Wyoming County, .' * * 400 York County, 400 Total, 76,100 TADPOLES. Berks County, o 000 Columbia County, 1 000 Franklin County, 0.000 Lancaster County, 9 000 Lehigh County, ...WW lo',000 Luzerne County, \ 000 Montgomery County, !!!!!!! 4,000 Montour County, 2 000 Total, 36,000 YELLOW PERCH FRY. Bucks County 0,000,000 Philadelphia County, 5,000,000 Total, 11,000,000 EELS, ADULT. Crawford County, 50 WHITE FISH, EYED EGGS. Si'i? ^7"!'^' ••••; 11,375,000 Philadelphia County, 80.000 Total, 11,455,000 LAKE HERRING, EYED EGGS. Erie County, 2,000,000 5 64 REPORT OF THE Off. Doc. CATFISH, ADULT. Lancaster County, 100 Lehigh County, 200 Total, 300 CALICO BASS, FINGERLINGS. Lancaster County, 200 SHAD FRY. Monroe County, 500,000 Philadelphia County, 2.3,310,000 Total, 23,810,000 GOLD FISH, FINGERLINGS. Lackawanna County, Ig Philadelphia County, [[[ ;l J2 Wayne County, [ gg Total, ^ GOLD FISH, ADULTS. Philadelphia County, j2 SHAD EGGS. Philadelphia County, 1,000,000 lUVEII MINNOWS. Wayne County, ^ 000 WELLOW PERCH, ADULT. Wayne County, ^33 SUMMARY. Lake Herrinj? eyed egj^s, 2 000 000 White fish eyed eggs, ll,45.-),'oOO Pike perch fry, 4,290,000 ^l>ii(l fry. 23,810 000 Shad eyed eggs, 1,000,000 \ e ow perch fry, 11,000.000 lellow perch adults, '|oq Eels adults, [ ' ka Catfish, fingerlings, ^q qqq Sunfish, fingerlings, •...............'. To'lOO Catfish, adults, 'oqq No. 21. DEPARTMENT OF FISHERIES. 65 Calico bass, fingerlings, 200 Tadpoles, large, 36,000 River minnows 8.000 Gold fish, fingerlings, 213 Gold fish, adults, 12 Total, .53,740,008 Thanking you for the assistance and courteous treatment you have given me. Resi)ectfully, J. R. BERKHOT^S, Suj»erintendent. AVAYXE HATCHERY. Pleasant Mount, December 1, 1013. Hon. N. R. Puller, Commissionei- of Fisheries. Sir: During the past year the propagation of fish at tliis hatchery was almost entirely cut out due to the entire reconstruction of the hatcliery. except in the case of ]»ike])erch or Susquelmnna salmon, the eggs of wliich were leceived by excliange from the New York Conservation Commission. The eggs in this case Avere tlie best ever received of those fisli at the hatcliery. The trout eggs usually hatched here were ship]>ed to Corry and P»ellefAnte for hatching. The usual amount of field work was also not done owing to the scai'city of men and teams, it being im]>ossible to secui-e a suffiiient number for the work on the hatchery and for field work. Tlie prop- osition of reconstruction has been one requiring much labor and of the most arduous character. The De]>artment having secuied control of the Reaver Meadow leservoir, one of the reservoirs l)uilt by the Delaware anickeral, yellow ])erch and catfish. It will also be used as an object lesson as to what can be done in the way of affording an always abundant su]i])ly of fish wheie the restocking is attended to and the fishing limited to lod and line. The Department feels sure that this ex[)eriment will carry conviction to the peojde of the State that it is possible to so restock the dams and streams of the State with fish that- evervbodv can always secure a mess of fish, if the wasteful and de- #■■1 •■ structive methods of fishing are prevented and only angling allowed. If the Department can accomplish this it will feel it has fully dem- onstrated its usefulness and the reason for its being. 5_21— 1914. ^ REPORT OF THE off. Doc. During the year three large bass dams have been about completed covering an area of nine acres, which with the one completed before gives a water area of 12 acres. These ponds have been constructed because experience has shown that the black bass can only be propa- gated profitably in large areas of water, and with these Jarge areas It IS possible to hold the bass until they grow to a size of several inches before planting. tho^'^Tf^'f ^T'Y^'} r^'"" y^^^^ ^f ff^'ound has been excavated from the part of the hatchery where the new hatching house and tmut ponds are to be built, and this earth has been used to fill up and grade the low parts of the hatchery grounds about the dwelling house mjilung a handsome lawn possible at the approach to the hatchery ' Two ^hipping ponds have been built with concrete and are com- plete. They are no by 12 feet with a depth of four feet. Tn the II hatching house the troughs were on the floor nnd were unhandv and uncomfortable for the workers. The spring had to be built up o of 'tb. Vnf '^^fV^ *''''^ *'^"^^"'- ^^'' consequence was that much of he water of the spring was lost owing to its seepao-o due to the building up The water from the spring will be carried bv a pipe line to the new hatchery and the ponds, and by lowering the walls of the spring a much larger quantity of water will be obtained, while the troughs will be much more convenient to work at. In addition to this the Department will be enabled to utilize the water of another small spring which runs below the old hatching house. When all the con- templated improvements are completed there is no question that this hatchery will be able to accomplish wonderful results inThewavo furnishing fish for supplying the needs of the Commonwealth With It, ample room and water supply it will also be possible to indul-e n experiments that ought to bring about many desired resu s as cuUiirlst"^ " '"'''' "^'"'^ "^ investigation open to the fish The dam breast which bacJcs the water of the Reaver Flow dam is built, as said above in the most permanent character and sm res control absolutely of the water supply for the Lackawaxen river at al seasons of the yea i-, as it can be stoied for times of drought \ fishway has been built in this dam of the most substantia ci;ra;>te^^ re-en orced concrete being used. The fishwav is euTire v w t i^t^^^ lam breast, its lower entrance being right at the toe of the dan o he dam or the obstruction, and do not vlo'.oLZA^^^^^^ ""^ back and find an opening to a fishwav a number oTe below the l>oT tom of the dam, as is the case in the Cail fishwnv wi iT^ mended by the Ignited States Oovei4 me S worHiT^^ way will be watched with much interest and iU i" ; ^essfu t will be recommended as the proper fishwav to put in dan^ '" Ihe following IS the distribution of fish during th^i^ar: ADULT YELLOW PERCIT. Bucks County, . . . Bradford County, ....'.'.'! 2.000 Berks County, ... 700 ^' 2,400 No. 21. DEPARTMENT OF FISHERIES. 67 Cumberland County, GOO Dauphin County, 2,400 Luzerne County, ?.,500 Lancaster County, .'^jOOO Lackawanna County, 3,500 Lebanon County, 1,800 Lehigh County 2,300 Monroe County, 000 Pike County, 750 Sullivan County, 300 Wyoming County 2.150 Total 2fi,300 YEABLING BKOOK TROUT. Bucks County, (JOO Lackawanna County, gqO Lehigh County, c>00 Luzerne County, 3,550 Monroe County, 3 700 N()rtham])ton County, 3000 Philadelphia County, '50 Susquehanna County 2,100 Wayne County, . . /. .,...'. 7,000 Total, 21,200 Adult Brook Trout, Fairview Hospital ]00 Adult Brook Trout, Fairmount Park, Phila 20 Adult Brown Trout, Fairmount Park, I'hila 10 Adult Bainbow Trout, Fairmount Park, Phila 20 Harveys Lake, Lake Trout, 20 000 Long Pond Lake Trout .'[oOO Bock Lake, Lake Trout, 5^000 WALL EYED PIKE. Bradford County, 200,000 Lackawanna County 2OO 000 Luzerne County, .". .*.'.'.*.'.'.'.'.*.'.'.'.* SOO.'oOO Monroe County, 500,000 Pike County, 500,000 Sullivan County 400 000 Susquehanna County, 5oo;ooo Wayne County, 300 000 Wyoming County, 800,000 4,200,000 Sly Lake Wall-eyed pike, 2 000 000 Long Pond Wall-eyed pike, [ 1,40<^ 000 Bigelow Lake Wall-eyed pike, 2 GOoloOO "^^^^^^ 10,200,000 68 REPORT OF THE Off. Doc. ADTTLT PICKERAL. WyomiDg County, 1^000 TADPOLES. Berks County, t,000 Columbia County, 2 000 Cunibeiland County, 1 'oOO Franklin County 1 000 Huntingdon County, 1,000 Lebanon County 1 OOO Lehijjli County 8^000 Lackawanna County, 2 000 Montji'oinei y ( \)unty, 7.000 Northumberland (^)unly, 4 000 Nortbamjjton County 2,000 MeCalTs Feiry Dam, 125 000 Total, ir)n,000 Ajiril 15, Sliippod to A. G. Bullcr, Union City 1 case yellow perch eggs " 18, " " '• 2 cases " '* ""' " 21. " " " lease ' ;; 21, '• II II 1 case ^•'' " " " -cases wall-eyed pike eggs. " 1«. " J. H. ncrklioiis, Torresdale 2 cases " " •• Heceived from Omstaiitia, New York, April ].",, 4 cases " " •• Bellefonte.Penna., April 1 30,000 lake trout fry. Kespectriilly submitted, 0. W. BT LLEK, Actinjj^ Superintendent. EKIE AlXILIAliV. Fnion Citv, Deeembei- 1, 191:}. lion. N. I{. Buller, Commissioner of Fisheries. Sir: Hei'ewith 1 hand you my annual report for the year be^in- ninjjf December 1, 1!)12, and endinjjj November :»0, ll)l:»: Early in the sprinji' of this year this hatcliery was visited with a storm which caused an unusual flood that washed out the breast of the sui>ply imnd which supplies the hatchery house jnid the rush of \vater from this jiond cariied out four other jjonds, but fortunately the jmnds had been depleted of fish and theiefore theie was no loss of fish. The hatching; house with its batteiy was left without water and the jars contained millions of ejjjpis just at the hatchiiifj sta^e. By the most eneijjetic etl'orts a tem])orary bank was put in the sup- ]dy pond so that the water could be sent to the battery once moie. It was thought best, however, not to try to hold the eggs until hatch- No. 21. DEPARTMENT OF FISHERIES. 69 ed, so they were promptly sent to Lake Erie for planting. However, by great good fortune, after the eggs were loaded in the baggage car, they were so nearly hatched that most if not all the fish had hatched out by the time the lake was reached. The flood also washed out the retaining wall along the creek in several places and an abutment under one of the concrete bridges. This involved a lot of construction work that had not been counted upon and it took most of the summer to put the hatchery back into its former condition. A neighbor who has lived here for 30 years said that he never knew of so much water ever coming down the creek. It had rained for more than a week and this, with the melting snow, did tlie damage. It showed, however, that it is not well to depend on anything that is not of the most permanent character in preparing a plant for a fish hatchery, and a rock foundation is the only thing to be depended upon, because sand always proves a poor reliance, a fact which was known way l)ack in early Biblical days. A heavy conciete wall has been built across the entire breast of the supply pond and there is no possible chance for the water to force a passage as it did through the old dirt bank where the frozen part of the bank made the part that was kept from freezing by its being under water, which was always a place afiordiug a chance for undermining. All the banks of the three fry ponds have been widened and strengthened, but there is little danger of their giving way from Hoods because the water is now all so thoroughly controlled from the supply pond, wliich is built in a manner that it will not give way any more. The Department expects the manufacturers of the State so to control the fiow of pollution from their plants that it will not get into the streams even barring accidents, and the Department certainly expects as much from its Superintendents in the way of preventing floods from doing damage to the ponds, thereby losing fish which cost money to raise, and if the fish get away there are none on hand to be shipped to the public. The three i>onth of five feet shallowing down to nothing, my observation was that there were never any fry in the shallow water, and my inference was that the black bass prefer to live in the deeper water. One pond has been deepened to nine feet. All the gates to the ponds have been re])laced with concrete and thus made permanent. The dwelling house has been repainted and a con- tract has been made to paint the hatching house and barn. The treating of the water at Erie by the orders of the Department of Health resulted in compelling the disuse of the hatchery at Erie for hatching purposes until it gets to its new site on the shores of the lake. This hatchery had been built as an auxiliary to the Erie hatch- ery and for the past two years has well proved its usefulness. All the take of eggs in Lake Erie was sent to this hatchery, with the exception of some sent to Torresdale, the surplus after this hatchery was filled. The white fish eggs last spring were exceptionally fine, the most of them coming from Canada Avhere the fish are generally taken in pond nets, while this fall's eggs, which are in the jars now, are not 70 REPORT OF THE Off. Doc. ^^ii^Tl' ^«*°| largely from the American side and mostly taken from Sries and an ex"t?«'^V'/'"^ ^f ''^' *'''^ fallVid'n'ot mfX e^esat Fr^f iZl u l^" * ""•^'^ *° 8^* » full supply of herring live Iftrthi^hatehei;.'""* "'"' ''■"'''''' "' ''''' ^«"-S ^s' The lake herring are really a more important factor to the Prip fishermen than the white fish as they are taken in more abundance ^?i-*''*.i?'^™*'" ♦'"•" ♦'■^ '^'"'te f'-'^h are. It is myZ^nion Tn Wew egssTheslT/; •*''"'* '""""'^ ""' ""'^^ ■" *"« future to take "err ng eggs. These herring eggs were all taken from gill netted fish but the spawntakers are being drilled into the best manner^ handiw the eggs and the eggs now in the batteries look asTf theTwill producf refult when alWh- ^''^ ^T ,'*"*' ^"'^^ *« '"' extraoTdi^a irgood result when all things are taken into consideration. Ihe pike perch eggs heretofore have been gotten from the Tlnitwl States Goveininent Station at I'ulln-Hav the lVn.>«vK^,.i . 7. . ment paying its prorata of the cost of tak^; 'VoMhTpas t^^rars thpvf' ^^? ^^'^ '"'^'"•^'^ ^'■'"" *e United States authorUies Is Z7nmZaZT''^\l^ ^'^''"'^ » '^"Pl^'y- TMs year this hitched fnnntt' k'?? ^^^ "J *''® Pikeperch from the hatchery at Wavne were^itTemelyTne''.„*or "iT *^ l'^' ^'''^'^ authorufes anTth^; were extreniely hne, looking like hand picked eggs while the viVlH was far in adv aiue over any other eggs ever leceivf.f ' ^ ^""'^ perch in PresniiP U]^ T^nl '^. . ^^^/^^^ planting of so many yellow hatched. The^wTre a Inl-fnt^H Vn T FV^'"^*^ """^ ^''^^ ^^--e «" ?»,r^' £" Sr '^^^^^^^ ™s? K: -s: +hrivi«« oc / ^^ "^^* *"6 muscallonffe are evidpntlv desirable fish forTstribntTon ^ ^ ^^'"'^ ^'"'^^ '"PP'? "^ ^^ese triIut:iZVejrertaSt:;ere'\adre';r°''^^ ""«^ '"^- at a time when they could haTep rh^l! + P^^' ^'"'y ^«''« ^li'PPed their new suroundfn4 and find hln^n" . *" '"^^"'"^ acquainted with the man huntTg f^f bait "o"'b "1"^^"' Itt'7 **'^ '''""' ^"''^^ that some people will take a goo/heX tadp^ ZH: ^S'^ No. 21, DEPARTMENT OF FISHERIES. 71 short time of becoming a frog and ready for the table at a price of forty cents a pound, to catch a fish that sells at twelve cents a pound. There is now a pond in which eight tub-fulls of tadpoles were planted this fall to grow up and be ready for planting next season. These are all of the big Canada variety and make some frog when grown up. It is a rather curious fact about these fio^s that a few weeks after they have spawned they seem to go back to hibernate as they are rarely seen again until the next spawning season. As songsters they far excell the small varieties and one man who heard them for the first time in their musical efforts, innocently asked, "Where do you keep your cows? They seem to be down in the pounds." While there was a good supply of black bass in the ponds there were only ten nests. Quite a number of the females seemed to discharge their eggs wild and they would not fertilize. From the ten nests I raised 18,000 fish. While this was not nearly so many as I had hoped for, I was extremely gratified at the way I succeeded in growing those fish to a length of from two to six inches bcioie they were shipped, thus disproving the claim that they cannot be kept in a nursery until they grow to any size. It was an interesting study learning how to induce these little fish to feed on some other diet besides each other. The first trial was made witli maggots, and as the little fellows gatheied under the mag- got manufactory there was some held back for lack of loom at the lunch counter, and to these finely ground fish was thrown, and whether they mistook this for some new form of maggot, they took a risk and swallowed the ground fish. It evidently appealed to a weak place in their organs of taste for they soon came to dodge the maggots and eat only the ground fish. Once they got it into their heads that one of the purposes of their existence was to eat something else rather than each other, they set out to fill the purposes in a most active way. They were fed eight to ten times a day, not much at a time, so there would none of the food be wasted, and they throve and grew, as I have said, to the length of from two to six inches, which was exactly the purpose for which I was feeding them, and I as- sure you T was much delighted to have them such willing accom- plices in the good work. The same result was obtained with the wild full grown breeders. Their pond was well stocked with minnows as being their natural food, but they seemed to have discarded their taste for minnows. As in the case of the little ones they were enticed to try a diet of ground fish with the result that they decided it was good for bass and preferable to minnows, which was a diet any fish of active habits could get if he wanted it really bad, while ground fish was only ob- tainable in a fish pond where somebody obligingly came around with it at regular and convenient intervals. The following is the distribution of fish : Bluegills, Fingerlings, 300 Bluegills, Yearlings, 2,800 Large Mouth Bass, Yearlings, 6 Small Mouth Bass, Yearlings, 17,960 Yellow Perch, Fry 19,000^000 Yellow Perch, Yearlings, 10 545 Yellow Perch, Adults, 1,100 Pike-perch, Fry, 11,135^000 72 REPORT OF THE Off. Doc. Pike-perch, Adults, 59q Miiscallonffe, Fry, '.'.'.'.'.'.'.'.','.'/. 500,000 Wliite Fish, Fry, 5G 038 500 White Fish, for Public School Exhibit 800 000 White Fish, E^-s 422,000 Lake Herriun:, Fiy 8,000,000 radpoles, Yearliujrs 22 000 ronimon Sunfish, Yearliiio-s " ' ^^2 000 Pock Bass, Yearlinji:s ' * ' " 150 Tatfish, Yearlinj]:s, 500 T^^'*^! 101,858,451 Respectfully, A. O. RT'LLEP, f^uperUitcndcnt. RELLEFOXTE TTATrilEPY. Bellefonte, December 1, 1018 Hon. N. II. Puller, rommissiouer of Fishei-ies. Sir:— Herewith is my annual report of the opeiations of this hatchery for the year from December 1, 1012, to November 80 1018 Durinir the year there was a busy time as there was much'work'in rebuildmn: ponds and puttin- them into shape to do efficiently what Ihev were intended for. Walls vvcre Iniilt around eioht new ponds and 11 other ponds were rewalled. All this was done with re en- forced concrete so that the work would be peimanent and not re- quire the constant watchfulness and care of a makeshift arran-oment Of course, while this construction was -oincr on it interfered o-roatlv with the Tnopap:ation of fish, l»ut iKMseverance and o()od work wil'l accomplish results under the most tivina- eircumstances In consequence the emjdoyees of this hatcheiv were si^arini? neither in labor or persevei ancc and the lesnM shovs wlat well" ain.licd elbow jnjrease and jrum])tion will do. These newly fitted ponds are now in the best possible .shape to raise fish successfully, and this is well shown in the wav thev i^er- formed their duty of providin- trout for the api^licants, which' trout broun^ht letters of commendation from the recii.ients of the fish as to their condition and size. ' ' " The work of shipping: was done as rapidly as possible and there was hardly a case that the messenj-eis did not ."'et tl'e fish to their destination in the best possible shape or losinir scarcely any The only real complainevs are those who do not want their fish 'to ar- rive m the even in ir, but if any one will take the trouble to look 'at the time table of the railroads on which this hatchery is situated they will see that the Suiierintendent here has done and is doing the No. 21. DEPARTMENT OF FISHERIES, 73 best he can. It is no more of a hardship for the receiyer of the fish to stay up a little later than usual so as to plant the fish than it is for a messenger to stay on the platform of a railroad station all night and aerate cans of water until he thinks that he has a task as continual as that of the fabled ])ei son who was doomed by the gods to fill bottomless jars as a punishment. The trouble had been here that the water su]>ply for a number of ponds had been taken from the Logan Branch and this water is almost always so roily that it is impossible to see the fish most of the time. Besides this, the settling of the water compelled the constant clean- ing of the ]»onds at the exi>ense of time and labor. To obviate this trouble 1,500 feet of 10-inch pipe was laid from the Shugart spring to the ]M)nds ami an amjtle siiju'ly of clear water is now assuie«l, with the result that the fish are now kept under close observation and the work of cleaning out the jmnds very greatly reduced. The Shugart si)ring was walled \\\^ with a concrete wall 50 feet lle supplies for the ajqdi- cants during the coming year. Owing to the demand for brown trout to restock those old trout streams which have betome too warm for the native speckled trout, this hatchery will install brown trout breeders so as to help meet the demand. The following is the dislribution of fish made during the year: BROOK TIIOITT. Berks County, 8,100 Blair County, 22,100 Bradford County, 12,000 Bucks County <^SM) Cambria County 22,400 Carbon County 000 Centre County 81.750 Chester County 4,800 Clearfield County, 28,700 Clinton County ^^,000 Columbia County, 13,500 ^* REPORT OF THE off. Doc. Cumberland County, ^ „^^ Dauphin County, .' f >^^^ Fayette County, "^'^Xn Franklin County, ?^^ Huntingdon County, .'.'.*.'.'.'.'.*.*.' ^tiiZ Lackawanna County, ^'f"" Lancaster County, ^'JJ;^ Lebanon County, f'^^? Lehigh County, .' .' .' .' ; ^^^^.^^ Luzerne County, ^'^"J; Lycoming County, '.'.'.'.'.'. .'..'. . I'onn Mifflin County, ^p^^^ Monroe County, I'??^ Montgomery County, ...*.*.*.'* 1' q']^^ Northampton County, .' .' .°iZ Northumberland County, n'^"" Perry County, ,^'^^2 Potter County, /'VJ^ Schuylkill County, ....'..', |f'j^^ Snyder County, ;;:;;;; ^^'^^^ Somerset County, wTr.^ Sullivan County, ^^'^^^ Susquehanna County, ^'^"X Tioga ^unty, . . . ^' ::::::;;:;;;;:;:;;:;::;;••• 2Z Union County, ^'*"" Washington County, ^'^^^ Wayne County, ^JJ^ Wyoming County, .*;;;;; ^^^ 431,000 LAKE TKOUT. Wayne County, •^' 60,000 GOLD FISH. Luzerne County, Lackawanna County, ^ Clinton County, , ^^ Northumberland County, ^^ Centre County, "^ ^ *^' 10 Total — 82 Respectfully Submitted, WM. F. HAAS, Superintendent No. 21. DEPARTMENT OF FISHERIES. 75 COURT DECISIONS. During the past year there were very few cases for violation of the fish law that passed up to the upper courts. There were, however, two opinions which we annex to this which were important, as espec- ially the one bearing upon the clarifying of waters. While the law in regard to running refuse in the streams has been in the statute books for some years, public sentiment had not reached the point that it affected the courts as to the rights of the citizens against those of the manufacturer and the miner. Everybody from the time of the settlement of the Commonwealth had used the streams and waters of the State as the cheapest and easiest method of getting rid of all refuse and sewage. This did not amount to much when people were few and far between, but as the Commonwealth settled up and population became denser it became apparent that if the people are to have pure water there must be a stop to using the streams as sewers. At first when pressure was brought to bear upon manufacturers to stop their pollution running into the streams there was a cry went up that the Commonwealth was bent upon tying the hands of the manufacturers and putting them to so much expense as would drive the manufacturers from the State, and there is still some of that feeling in various sections. From the earliest date of any laws on the subject the inhabitant on a stream was entitled to the water as pure and unpolluted as when it started from its source. He had the right to use it for his pur- poses, but must return it back to the stream in the same clear state as which he obtained it. New York is something in advance of Penn sylvania in this matter of stopping pollution, and during the past two years a very important law suit was carried on in Saratoga county where a land owner sued a paper mill for rendering the stream below the mill unfit for private use. In the lower court the injured party gained an award of damages and an injunction. In an upper court the damages were still awarded but tlie injunction was refused. The case then went to the highest court in New York, and that court sustained the plaintiff and made the injunction permanent in a decision which is so important that it is reprinted here, because under the Constitution of the United States, the decision of a court in one State has due weight in the courts in another one. Since the New York court made this opinion the Board of Health of Pennsylvania obtained an injunction in the same line against a sew- age company in Chester county. These opinions are far reaching and mean that in the future the streams can no longer be made sewers to the detriment of the people living below and the public in gen- eral. 76 REPORT OF THE SUMMARY CONVICTIONS. Off. Doc. June, 1912, four men were arrested in Erie for using a device for taking fish in Lake Erie without a license. The magistrate con- victed them and imposed upon them a fine of $25.00 each, together with the confiscation of tlie boats and the device. The defendants' counsel took an appeal under the Act of 1905, but later discovered that that act had been declared unconstitutional. The defendants' counsel then asked the Court of Quarter Sessions for an appeal nunc pro tunc as if taken within five days from the date of conviction, as the law ])rovi(l('s. On Sei>teniber 19, 1912, Avlien tlie cjise came up for hearing before the court, the counsel for the Commonwealth asked that the appeal be quashed. It was shown that when the counsel had asked for the appeal, no notice had been given to the Commonwealth's attorney. At the September term the court quashed the appeal in the opinion which is given in full below: Commonwealth of Pennsylvania, vs. Charles Wagner, William Smith, ('harles Smith and Edward Bolt. In the Court of Quarter Ses- sions of Erie County, Penna. No. 51 Sept. Term, 1912. Appeal fiom Summary Convic- tion ; and Kule to quash same. The defendants were arrested, convicted and fined by the alderman for violation of the Thirteenth Section of the Act of April 4th, 1907, P. L. 53, by using nets for the purpose of catching fish in the waters of Lake Erie without obtaining a license so to do. By the record, it appears that such conviction and sentence was on May 28, 1912. From which sentence, the defendants on June 3, 1912, took an appeal to this court, and gave bail to answer, but without then show- ing cause or securing an allowance therefor from this court or a judge thereof. Later, on June 21, 1912, on defendants' petition, we man is as follows: "Your petitioners further allege that they are not guilty of the charge preferred against them and u]ion which they were convicted as aforesaid. That there was no evidence produced at the hearing bef'oie snid Jildeimnn upon which said conviction fjilily could be based. That said conviction of your ]>etitioneis was wholly wrong and o])pressive, and if allowed to stand would work great injustice to them." On September 19, 1912, on motion of the Connnonwealth, by the district attorney, we gianted a rule to show cause why such appeal should not be quashed. And, without passing upon said rule, pro- roper time. Board of Health vs. Decher & Co., 14 C. C. 117. The ai)peal must be taken within five days. In re Gi*anahan's Appeal, 4 Kulj) 75, that is a constitutional re- quirement which cannot be disjiensed with. In the case at bar, the petition for an allowance recites that it was so taken; but as we read the transcript, the sentence was imposed May 2Sth, and the apjteal taken June 3d, which would be one dnj too late. For a valuable collection of authorities on the question of summary convictions, a])peals therefrom, etc., see Purdon's Digest <13th Ed.) Vol. 4, beginning on page 447.*>. The authorities recog- nize the right of the court to strike oft' or quash an ap])eal improi>erly allow(Ml : es]>ecially when allowed as in this case without notice to the a])])ellee. And now, February 10, 1913, after argument by counsel, and u]>on due consideration, the lule gianted to show cause why the appeal in above stated case .should not be quashed, is made absolute, at the costs of the defendants. Per Curiam, W. Tin: QUESTION OF POLLUTION. The question of having the waters of the Commonwealth run pure and uni)olluted so that public health may be preserved and fish life conserveinion in- duced the Legislature to ]>ass legislation forbidding this pollution of the stieams, there was a ciy went up Ihat the State was interfering with the manufacturing interests and forcing them to expense which meant driving them from business. That the i)eo]>le atfected by the pollution had smallei' interests was one of the reasons advanced that their claims should not be considered. The question has been considered in its various aspects, and there is no doubt that it will not be long until the running of refuse into the streams will be absolutely prohibited. The matter has never 78 REPORT OF THE Off. Doc. reached a full judicial interpretation in Pennsylvania, although what decisions have been rendered have shown that the tendency of the courts is to sustain the laws. About two years ago a suit was brought in Saratoga county, New York, against a paper mill which was running refuse into the stream. The mill is a large one, costing more than a million dollars, and gives employment to about 500 operators. The refuse it disch.irged into the stream was a vile compound and the plaintiff, a lower ripar- ian owner, won his suit, the Court granting an injunction giving the paper mill a year to put the restriction into effect. In the mean- time the plaintiff w\is awarded some damages. All jipjioal was tnken from this lower court and the defendants set up tl'o ])]oa that they had invested large sums of money and em- ployed a large number of employes and therefore the injunction works an injustice. The Court of last resort in New York has recently sustained the plaintiff's case and ordered the injunction made permanent. The Court remarks "although the damage of the plaintiff may be slight as compared with the defendant's expense of abating the^ condition, that is not leasfin for i educing the injunction, to- if that was fol- lowed out it would deprive the poor litigant of his little property by giving it to those already rich." The Court also quotes from an Indiana decision which says: "In locating a plant the owners are bound to know that every riparian owner is entitled to have the waters of the stream that washes his land come to it without obstruction, diversion or corruption, and are bound to take notice of the size of the creek and capacity of the stream and determine whether they should be able to conduct their business upon such a stream without injury to their neighbors and the magni- tude of tlioir invostniont and their freedom fioiii inalico furnishes no leason why they should escane the <'onse(]nenf("s of their own folly." The following is the opinion of the New York Court: 8TATE OF NEW Y()1{K, COURT OF APPEALS. ! Robert E. Whalen, Appellant, v. The Union Bag and Paper Com- pany, Respondent. (Decided March 25, 1013). Appeal from a judgment of the Appellate Division, third 4lepart- ment, modifying and, as modified, affirming a judgment entered ujion a decision of the Special Term. Robert E. Whalen, appellant, in person. J. S. L'Amoreaux for respondent. Werner, J. The plaintiff is a lower riparian owner upon Kayad- erosseras creek in Saratoga county, and the defendant owns and operates on this stream a pulp mill a few miles above plaintiff's land. This mill represents an investment of more than a million dollars and gives employment to 400 or 500 operatives. It discharges into the waters of the creek large quantities of a liquid effluent containing sulphurous acid, lime, sulphur, and waste material consisting of pulp wood, sawdust, slivers, knots, gums, resins and fibre. The pollution thus created, together with the discharge from other industries lo- cated along the stream and its principal tributary, has greatly dimin- ished the purity of the water. No. 21. DEPARTMENT OF FISHERIES. 79 The plaintiff brought this action to restrain the defendant from continuing to pollute the stream. The trial court granted an in- junction to take effect one year after the final affirmance of its decision upon appeal, and awarded damages at the rate of |!312 a year. The Appellate Division reversed the judgment of the Special Term upon the law and facts, unless the plaintiff should consent to a reduction of damages to the sum of ^100 a year, in which event the judgment as modified should be affirmed, and eliminated that part of the trial court^'s deciee gianfing an injunction. The jdaintiff thereupon stipulated for a reduction of damages, and then appealed to this court from the modified judgment. The facts found by the trial court— which do not appear to have been disturbed by the Appellate Division —establish a clear case of wrongful pollution of the stream and need not be set forth in detail. The plaintiff is the owner of a farm of two hundred and fifty-five acres, and the trial court has found that its use and value have been injuriously affected by (l:e I'ollution of the stream caused bv the defendant. The defendant conducts a business in which it has invested a large sum of money and employs great numbers of the inhabitants of the locality. We have recently gone over the law applicable to cases of this character (Strobel v. Kerr Salt Co 164 N. Y. 303;Sammons v. City of Gloversville, 175 id. 346), and 'it is unnecessary now to restate it. The majority of the learned court be- low reduced the damages suffered by the plaintiff to filOO a year and reversed that portion of the decree of the trial court which awarded an injiinrtion. The setting aside of the injunction was appa.entlv induced by a consideration of the great loss likely to be inflicted on the defendant by the granting of the injunction as compared with the small injury done to the plaintiff's land by that portion of the pollu- tion which was regarded as attributable to the defendant. Such a balancing of injuries cannot be justified by the circumstances of this case It IS not safe to attempt to lay down any hard and fast rule for the guidance of courts of equity in determining when an in- junction shall issue. As Judge Story said: "It is impossible to forsee all the exigencies of society which may require their aid and as- (mTed TsS? "^^*^' '''' ''^'^''^''' wrongs." (2 Story's Eq. Juris. One of the troublesome phases of this kind of litigation is the diffi-' ciiKy of deciding wlion an injunction shall issue in a case wheie the evidence clearly establishes an unlawful invasion of a plaintiff's rights, but his actual injury from the continuance of the alleged wrong will be small as compared with the great loss which will be caused by the issuance of the injunction. This appeal has been nre- sented as thou.-h that question we:e involved in the case at bar but we take a different view. Even as reduced at the Appellate Di- vision, the damages to the plaintiff's farm amount to $W0 a year It can hardly be said that this injury is unsubstantial, even if we should leave out of consideration the peculiarly noxious character of the pollution of which the i.laintiff comidains. The waste from the defendant s mill is very destiuctive both to voo-etable and animal life and tends to deprive the waters with which it is mixed of their puri^ fyinn: qualities. It should be borne in mind also that there is no claim on the part of the defendant that the nuisance may be come less •niiinous in the future. Althou£rh the damage to the' plaintiff may be .slight as compared with the defendant's expense of abatin ndhn'r. At tl-e heavin- W was found ouiltv and committed to jail in default of payment of fine. T confiscated three dip nets m the vicinity of Allentown. 1 find that the use of ille<^^l nets is yeiT prevalent throuphont this district and ran up against some bad -nnc^s operating them. T was successful in bringing a number of the violators to time and think that the practice will be abated to « f^;it Pxtont when they find out that they will not be tolerated and tl'."t tl'e fish laws have lo be abided bv During he month of January T was detailed on pollution work and investigated several cases reported to the Department in Berks Lackawanna, Nortl.Mnn.ton and Lehigh counties, making a full re- port of all cases in Lehigh county where manufacturers were runninir refuse into the streams. Dniinir the month of Febnia.v I int Xil he Bnshkill Lehigh, Schuylkill, Hayes and Beaver Run Etn A^^xt BvanH. ol \V'^m^y^y^r^^, Thestev County, f,om source to 1)'" ware line; Buck and Doe Runs; Middle Branch of Red CHv Creok West. East and White Branch of Red Clav Creek from London G.ove \o Kennett Square; Bi- Elk Creek and West Branch of Bi- Elk Creek; Beaver Run, Vallev Creek, Chester Creek, Pickering Creek and Valley Creek in Chester County, making report of mv findings to the office in Harrisburg. During the month T made five arrests and de stroyed ten d,]>nets. Reported on all streams in Northami)ton conntv for pollu ion. During the month of March I made six arrests and secured t^he same number of convictions. Destioved five illegal nets In patrolling the various streams T find that the manufacturers in in ost cases, are willing to co-operate with the Department in' its effort to abate the pollution and listen to any suggestions offered to remedv the nnisnnce and T feel, that under the present method em Ployed It will not be long before the streams will be in much better shaoe than thev have been for many years and the fishino- restored to Its former state. During the month of April I was detailed on pollution work, reporting to the Department all cases of pollution 82 REPORT OF THE Off. Doc. that came under my observation. Made several arrests for illegal fishinji:, &c., secniino: severaT convictions. l)u:in«? the month of May I patrolled Jordan Creek, Little Lehigh, Cedar Creek, Monocacy and Saucon Creeks, Susquehanna River, Yellow Breeches, Allegheny River, French Creek, Sugar Creek, North Deer Creek, and Conneaut Lake Cieek. Seivcd notices on concojns in the vicinitv of Allentown, giving them thirty days to remedy or abate the pollution. Spent nearly a month in Venango County, on French Creek and several other streams in the vicinity of Franklin. Patrolled French Creek from Franklin to Meadville, with the assistance of a member of the State Police. We found violations of the fish laws very numerous and broke up several bad gangs operating in this part of the State, securing several convictions. It was very hard work to get these violators for the reason that they had look-outs posted all along the creek and had signals in case any stranger should approach, thus making it almost impossible to bring them to justice, but we were successful in getting several of them for fyke nets, gill nets and illegal use of outlines. We succeeded in breaking up the worst gangs and thev left fnv parts unknown, with the exception of those we put in iail. Tho State Police who ps^istpfi j^o londered muHi valuable assistance on this trio and much credit is due him. The latter part of .Tune 1 was ordeied to Renova, Clinton County. Patrolled Paddy's Run, Younn- Woman's Creek. Drurv's Run and several other streams in the vicinity. Reported to the Department a case of pollution on Young Woman's Creek by a tannery on said creek. During the month of July T made six arrests and secured six convictions, also, confiscated two minnow trap nets. Patrolled streams in the vicinity of Allentown, rTolleTtown, Chambersburg, York, Lockport, Williams- port, Reading and Jonestown. Durinc: the month of August T secured thirteen convictions out of fourteen arrests for various violations of the fish laws, the amount of fines paid was |220.00. Two of the violators were sent to jail in default of payinc: fine imposed. The violations consisted of seining, usinc: outline in trout stream, illegal fish basket and catching fish with hands. Patrolled several streams and reported pollution "cases to the Department. During the month of September T secured four convictions out of five arrests, one being postponed. One of the convictions was for pollution at Lock Haven by a paper mill. The case was appealed. The case postponed was pollution by a tannery in the vicinity of Lock Haven. The other cases being illegal devices in trout stream and havinir short bass in possession. Most of the time was given to pol- Intion by tanneries, notices being served on the Superintendents or Managers of all manufactories found running refuse into the streams, giving them thirty days in which to abate the pollution or take steps to remedy it. The latter part of September T patrolled the Delaware River in the vicinity of New Hope, Holland and Lam- bevtsville. also, from Trenton, N. J., to Tavlorsville and Easton to Martin's Cvpok. Found twenty winn^-walls but no nets. Staved avound here for a few days watching for fyke netting in the Delaware and for the gang who had the wing-walls. Watched from 4 A. M. until late afternoon but did not make any arrests. Made two arrests No. 21. DEPARTMENT OF FISHERIES. 83 for pollution in the vicinity of Coudersport, the cases being post- poned. Patrolled several streams in the vicinity of Ralston and Roaring Branch on Lycoming Creek, most of the pollution being done by tanneries and dye works. Inspected settling vats which had been installed by one of the manufacturers who was arrested for pollution to see if they would be satisfactory to the Department. Much of my time in October being given to the matter of pollution in the vicinity of Coudersport, Emporium, Austin, Williamsport, Lock Haven and Costello. Swore out information against several manufacturers for the pollution of streams, the hearings being set for the early part of December, with the exception of two which were extended to January, 1914. I made one arrst for having fyke net in trout stream, the vio- lator being found guilty and in default of payment of fine was sent to jail. Patrolled Monocacy, Baldeagle, Young Woman's, Sinnemahon- ing Creeks and Freeman and Trout Runs and the Allegheny River. The manufacturers, as a general rule, were willing to co-operate with the Department in its effort to clarify the streams and were always willing to listen to advice and suggestions that might be of- fered for the betterment of conditions. A number of the manufactur- ers on whom I called have gone to a great deal of exi)ense in install- ing settling plants or filter plants to take care of the refuse from the plants, and others, who are in the minority, have made promises to the Department but are slow in action and these are the ones who give the Department the trouble and the only way to enforce the law is to bring suit against them. Under the present method of clearing up the streams of the Commonwealth it will not be many more years before the streams are restoied to their former state of purity and there will be fishing for eveiybody, under the present method of planting fish from 4 to 7 inches in the streams, these fish being one year old. The fisheimen throughout the State and the public in creneral all a*!Tee that the T)lanting of yearliiii; fish will brine: better results than the method which was used in former years. The followin^T shows the nnmbeT* of arrests made by me during the past year, the number convicted and the amount of fines: Arrests * 62 Con> icted 4S Fines |690 00 The above report is respectfully submitted. Very respectfully, (Signed) WILLIAM J. ACKER, SItate Fish Warden. Report of J. D. Sizer. Huntingdon, Penna., November 30, 1913. Hon. N. R. BuUer, Commissioner of Fisheries, Harrisburg, Penna. Sir: — T have the honor to submit my annual report for the year from December 1, 1912, to November 30, 1913. 8* REPORT OF THE Off. Doc. Conditions in the territory assigned to me have improved greatly (lining the past year, due to a great extent to tlie activity of the var- ious associations in my district which are formed for the protection of fish and fish life throughout the Commonwealth and their co- operation with the Department has greatly helped to instill a desire in the minds of the people to observe the fish laws of the State. During the past year I made ten arrests for violations of the Fish Laws as follows: Fishing on Sunday, ^ Illegal nets — various kinds q Short i^ass 1 . Gigging out of season 3 (Janic iisii out of season * ' * o Total, ^ Of this number 9 were convicted and one dismissed. During the year just passed 1 destroyed or confiscated two dip nets three fyke nets, seven set nets, three gigs and three old fish baskets! Have done much work during tlie year patrolling the streams in ac- cordance with the Department's method and desire to clarify the streams throughout the State. Wiiere T found a case of pollution I served notice on the manufacturer to abate the nuisance givin^ tlieni thirty to sixty days in which to install a filter plant or take care of then- ])ollution in some otlier way which would be satisfactory to the Dei)artnient, and in most cases thev liave been ready to listen to suggestions and willing to co-operate with the Department in its enort to clean up the streams and lesjoe llie fishing conditions to their former state. Several manufacturing establishments have in- stalled costly filter plants to take care of the pollution and under the present method which the Department is following it will not be long befoie the fishing throughout the Commonwealth will be as o-ood as ever and the fisherman will be able to go out and get a good day's sport and bring home a basket full of fish which will repav them for their day's sport. During the past year I have patrolled the Juniata River, Ravstown Branch, Longs Creek, Rufl'alo Run, Raid Eagle Creek, Spring' Creek Trout Run, Clover Creek, Dunnings and Standing Stone ''c reeks' Spruce Creek, Pine Creek and Aughwick Creek for illegal fishing making several arrests and destroying many illegal nets and devices! The following are the numl)er of arrests 'made and the convictions secured : A rrests ^ ^ Convictions, !!!!!! o 1 >isunsse(l ^ ^^"^«' ^.^^!!!!!!!!!!!!!!!!;!!!:::::!; 190 00 The above is respectfully submitted. Respectfully, ^^tate Fish Warden. No. 21. DEPARTMENT OF FISHERIES. 85 Report of C. R. Holland. Beach Haven, Pa., November 30, 1913. Hon. N. R. Buller, Commissioner of Fisheries, Harrisburg, Pa. Sir: — I have the honor to submit my annual report as State Fish Warden for the year from December 1, 1912, to November 30, 1913, as follows: During the first few months of the year just passed I was danger- ously ill with pneumonia, but, on March 31st I was ordered to McCall's Ferry Dam to look after the shad fishing between the dam of the I»ennsylvania Water & Power Company and the Mason and Dixon Line. I reached McCall's Ferry on the second day of April and found that no shad were being caught on account of the weather being too cold, although six shad were caught on the 22d day of March, two in the tail race and four on the York County side where most of the shad run. The shad started to come up to the dam on the 10th of April and were being caught from Peach Bottom up to the dam and were larger than the previous year, bringing thirty dollars per hundred for bucks and sixty dollars for the roe shad, the prices being 20% higher than the year previous. On the 22d day of April there were planted in the Suscpiehanna River at Pequea four thousand yellow perch, two years old, from the Wayne County hatchery. The fish were in fine shape, not any of them being dead or showing any signs of the long journey, they being on the road from 2 P. M., on the 21st until 9 A. M., on the 22d. Warden Eisenhart who had been working with me was taken with rheumatism and had to leave for his home. The lisliei men fi-oni Maryland started to in- vade the locality bringing with them gill seines. I employed a boat- man to assist me and we cai>tured and destroyed 14 gill seines, some float and stake seines, among them being three new ones 165 feet long with corks eight inches in diameter and two inches thick. The river pirates make their home on the islands and ledges in the mid- dle of the river all having guards out to give signals whenever an approach was made by any one outside of their own gang. On the fourth night they sank our boat in the deep water and after that I had to boi-row boats, sometimes using force, but always ])aying the owner for the use of same. The people consider it a crime to loan a warden a boat or in any way help us. This handicaps us in our work as these people all have double oared boats with long poles and as they know the channel of the river it is very hard to get them with a small single oared boat and T trust the Department will secure a larger boat for next season. The shad season proved to be the best in years, they bringing the fishermen more returns for their work as the fish were much larger than in former years, but, in the end they did not have much more money than in the year prior and some of the fishermen had less owing to the fact that they spent con- siderable money for drink. After returning home the latter part of June from McCall's Ferry I was taken with sciatic rheumatism and was indisposed most of the month, however, T spent some days patrolling Fishing Creek where there were a great many dead trout owing to the drought, especially 86 REPORT OF THE Off. Doc. on the West Branch where for a mile there was no water. The ma- jority of the residents of this section of the State are much pleased with the repeal of the fish basket section. pieasea On August 12th I was ordered to go to Middleburg, Snyder County, l^A'Tl^'^^^^ ^ pollution case on the Middle Creek in the vicinity of Middleburg. The pollution was done by a tannery and I had visUed this plant many times during the past three years and always received a promise that the situation would be remedied by installing a filter plant but this failed to materialize, they, however, continued to en- large the plant and on my last visit there I found four outlets leading into the creek and all the refuse from the tannery going into the T"?'., ^^^^^^^^ suit against one of the officials of the concern and at the hearing he pleaded guilty and was fined one hundred dol- lars and promised to install a filter plant to take care of the refuse. I might say that, as a general rule, the tanneries are co-operatino' with the Department in its work of cleaning up the streams of all "pollu- tion. I also visited the tannery at Millville on the 5th of September and found that a filter plant was in operation and the stream in good shape. I investigated reports that seining was being done in Fishin^^ Creek and spent a week on that stream but found that the reports were groundless. After a week of night work on the Susquehanna River in the vicinity of Pittston and Catawissa, the weather being very cold, I landed two of the worst pirates on this branch of the river for fishing with a net in an eel wall and convicted both of them each paying a fine of twenty dollars. In the matter of pollution I find that all, or in nearly all cases, the manufacturers are anxious to co-operate with the Department in its endeavor to clean up the streams and restock them witli fish life and the fish laws are being lived up to, generally speaking, in a more sportsmanlike manner than in past years, the sportsmen favoring protection and their co- ' operation with the Department in the enforcement of the laws will help materially in restoring fishing conditions throughout the Com- monwealth. During the year I destroyed illegal devices as follows: 14 gill seines 1 fyke net, 4 outlines and 18 other illegal devices consisting of float seines, stake seines, nets in wing walls of eel rack and various nets which were illegally used. I made three arrests: one for pollution the violator being convicted and fined f^loO.OO, which was paid; two for having nets in eel wall, both being convicted and paying 'fines amounting to $40.00. f j b The fishing conditions throughout my territory, according to re- ports and personal observations, are in better condition than for many years past and the planting of fish a year old seems to be bring- ing better results than the planting of fry and all the fishermen are in hearty accord with the method of the Department. The above is respectfully submitted. Respectfully, C. R. HOLLAND, State Fish Warden. No. 21. DEPARTMENT OF FISHERIES. OT liepoit of Alex. MacDonald. Erie, Pa., November 30, 1913. Hon. N. K. Buller, Commissioner of Fisheries, Harrisburg, Pa. Sir: — I respectfully submit the following report of my work for the past year: 1 was appointed as regular warden on March 10th, 1913. Prior to my appointment as regular warden I was employed as fireman on the Commodore Perry on Lake Erie, also helped in placing and gathering spawn, making trips to Port Dover, Canada, to secuie spawn and at ditferent times seined Presque Isle Bay for fish for breeding purposes. Was also employed as special Fish Warden. Being familiar with the conditions as they existed along the water front I made several arrests for violation of the fish laws, report of which is given in another part of this report. Dn.ing the time I have been a regular Fisli Warden, which coveis the past seven months, I have patrolled Lake Erie from Ohio to New York State line, guarding all creeks, lakes and streams which came under my observation. Visited many manufacturing establish- ments and made inspection tours with a view of abating the pollution of the various streams and waters in my district. Was on night duty for six weeks continuous watching the State nets at Six Mile Creek which were set to catch bass for bleeding purposes. I have informed you in detail on your several visits here of my findings, suggesting remedies and improvements for the conditions existing at this port. During my visits to the various manufacturing establishments and while patrolling the streams in my district I have explained the laws to the best of my ability. During the year I made ten arrests for violations of the fish laws, as follows : Pollution, 1 Spearing fish out of season, 4 Trap nets, 2 Illegal fishing, 3 Total, 10 Confiscated nets valued at |150. The amount of fines imi)osed on the violators amounted to 1315.00. The above is respectfully submitted. Very respectfully, ALEX. MACDONALD, State Fish Warden. 88 REPORT OF THE Off. Doc. Report of W. E. Shoemaker. Hon. K. R. Buller, Laceyville, Pa., November 30, 1913. Commissioner of Fisheries, Harrisburg, Pa. Sir:— I have the lienor to submit the following report of mv work and observations for tlie ])ast yeai-. ^ Among the better class of people who are lawabidinn^ nn,i ti.^ t^2:ZV"''V' '"''''''''''■ '^'°^'>"*'' '" th." se t :, a betfer ?eel n' tonards the enloroenient of the (ish laws, due to the fact tint thp violators of the law are beginning to realize timt arreJ^s nre n t being made tor the sake of the revenue that comes film the arrests - but for the purpose of having the people observe the aTs and become law-abiding citizens and that they must either obey heselaws orTe come subject to arrest. Then there is another class of peon e in mv d .strict who delight, it seems, in breaking the fish laws by t kin^ the ti,sh in any manner ,>ossible so long as they secure thei nnd this class has no feai- of a term in jail and do not respect thrifts of others. These violators, in most instances are nersi stent n^l'^f dynamite in the vicinity of Towanda. l4 Tlfer.^ use ,1^ the Spiing ol the year. It ,s very hard for me or any stranirer tn get clo.se enough to identify them when they are at wn, k fT ti!^ reason that they work in ga'ngs of from fon, 'lo ten " n.U ne . o ^ !nl fll^^varning at the least sign of approach of anv o, e except some ot their own iieople. e.vcepi There seems to be great rejoicing among the fishermen in this locality since the repeal of the HsI, basket Section. The e h- s been no attempt made to buil.I a fish l,asket since the repeal of the sec on but a l<.w ai.. using n,.|.s i„ ,1,. , ,|, „,■ ,|„, ,ving.walls \ f t f^p"?' have been made for using nets in the wing-walls an more w Ifollo v unless the practice is sto,i,,ed. Sunday lishiiig i„ ," , d s'lk" s practically unknown, not an arrest ha ing becm made ZovX . year. The sentiment is "Xo fishing on Sunday " " There is quite a tendency among those who use outlines to violate the law, insomuch that they keep the game fish caught onThl Hnes and especially is this true of the foreign element who resent -in in terference from any one. On .\ugust 24tli I had a little tioib?elit^,' five of then, and ha.l to use force before T could go on wit i myVo k . There h.ave been very few complaints this season relative To spear ing there being only two arrests made and two comp a i.ts of wal V eyed ,,.ke being speared. Generally speaking, the pel "of n v d iV Jh:irar.n^;h::';:o:s'i'bi'e"""^ "- -'-'■ •-" -"-™" *- ^'^^'^ he law and abate the pollution and have started work at once to p ,t in tanks to take care of the pollution and prevent it froni -^^tC into the streams. The Klk Tanning Company who operate a tannery at Tunkhannock. Pa., have installed a filte'r j.lant which seemslo be doing the work r(Hp,lr,Ml by the Department. Before the filter plant was installed, below the point wheie the sewer emptL nto the No. 21. DEPARTMENT OF FISHERIES 89 river, no fish life of any kind could be seen for considerable dis- tance. Since the plant has been installed great numbers of minnows and small mouth bass can be seen along the shore below the sewer, which is very encouraging. I made five arrests for pollution but only one of the five was prosecuted, the other four being employes of the Gaff'ney Wood Product Company. A detaclinient of State Police from Troop B, of Wyoming, Pa., have given very efficient service on numerous occasions in bringing the violators of the law to justice. It is very difficult to properly patrol my district with the limited amount of funds available for expenses and the large territory to which I am assigend. I have made twenty-nine arrests during the past year, securing 25 convictions; four of the arrests being employes of a company were not prosecuted. The amount of fines collected amounted to |350.00. The above is respectfully submitted. Very respectfully, W. E. SHOEMAKER, State Fish Warden. Repoit of .]. P. Albert. Hon. N. R. Buller, Commissioner of Fisheries, Harrisburg, Pa. Sir: — I have the honor to submit my annual report as State Fish Warden of the Northwestern District, comprising Warren, Erie, Crawford, Forest, Wnango, Meicer, and Clarion Counties for the year ending November 30th, 1913. I made twenty arrests in my District during the year just past, among them being violations as follows: Explosives, 1 Gigging out of season, 5 Game fish out of season, 7 Fishing with illegal device, 3 Brook trout out of season 1 Pollution, 3 Total, 20 I have patrolled along the various streams, rivers and lakes in my district and have found that iishinuc in the Allei'lieiiy IJive;- jind its tributaries, also the lakes and streams, is better this year than it has been for several years. Trout fishing has never been known to be as good as this year, both as to the large number of fish caught and the large size of the fish. The fruits of planting trout ranging in size from 4 to 5| inches instead of the fry or fingerlings has shown itself this year and all the sportsmen of my district are very well pleased with the new method adopted. 90 REPORT OF THE Off. Doc. istteVolluUofofthl*r'''''''"%*'''' Department has to contend with ih lae pollution of the streams. In my d strict I have to cnntpnH wi+i, tanneries, o 1 refineries, thousands of oil we Is chemica" mflirnf various kinds, paper and saw mills. The ^.ollutionTom The s-.w SDonn'thiTi ".^''T^ ''^*"•' P^'-'^t ^'t'' exception 0/ some remoti on i t" out stream tI^, "" '""' "^j" «**^ '" *"« mountardTsW t on a tiout stieam. The large manufacturers, as a general rule tv^ th?'.r^fi''"r *** rT'''^^ ^'^^ *''« I>ePartment in bringing about the purification of the streams. The Broken Straw Cr^k Lw . good example of what can be done. This stream wasone ^ the Z-st c:l";io'rrouthTd/T"*' 'fl*^ ■" ^•^■••^ badTnditi'rnrom =^nL„. • "^"'O"*"' a distance of twenty-four (24) miles Thi« stream in past years was almost destitute of fish life be"g noison^l eff"; '^f ■eSt^teOfflfM^'ir'^ T" *"" t-'-Hes,'but "h'ro'uTtfe enoiTs ot tlie .State Ofhcials, the stieam has been miiified ind mn^a n fr Dt'^stdT frfr *? ^"'•'•^■"'' x;"t!, statrp:i^ eiies i^epaifment had contributed a large number of vouno- fisli mwl Some of the largest catches nia.le this vear were male in this stream' lt"jz::\zztr'''''''''" "''!,'•^•'^''" «'« various ind'rstnrro: ^^j:::7:zz. ^of rfish^: atrin'ro^r-::^ dertn„^?^e'tolis^f li?:!' "^^ """ ''V'' ""*'■<"""" *''«' ^^''^ams, verv aestructne to fish life. Have seen hundreds of fish both tnmp n. wi wh^h 1"* ""? ^''" '*'■•"■'' ^^"'*" " «P«-""' floati-'R down theTreim^ his mTstakT '"'*"■ •■'"' '"'' *" ''"" ^•''^" *"« fi^'><'™«" fin'Js oit oc?!"'"? •? ^''*'. "'"''"" """""'* "f *'"•"''< available and the large district The above is respectfully submitted. Very respectfully, J. P. ALBERT, State Fish Warden. ■Report of F. B. Whiteman. Hon. N. R. Buller, ^^^''^'^ ^'""'^•' ^^^'^"^ber 30, 1913. Commissioner of Fisheries, • Harrisburg, Pa. 30, 1913, as follows: i^ecemoer i, i.)i2, to November No. 21 DEPARTMENT Oi^ FISHERIES. 91 Conditions throujjhout my district which comprises Beaver, Butler, Armstrong, Allegheny, Indiana and Lawrence Counties gave me much trouble the past year. The violators seemed to be working over time and they kept me very busy. I broke up several bad gangs, at times being compelled to use force to do so, in the district as- signed me and several times my life was threatened. The various organized Protective Associations help considerably to enforce the fish laws and heartily co-operate with the Department in its effort •o ])"infT the violators of the law to justice and those associations should be encouraged in their work. During the year I destroyed many illegal nets and devices used by the violators and in many cases arrested the guilty ones. I made twenty-seven arrests as follows: Gigging, 16 Seining on Sunday, 6 Explosives 3 Outline on Sunday, 1 Shooting fish, 1 Total, 27 During the past year I patrolled various rivers and streams in my district investigating rej)oits of violations. Some of the waters patrolled were the Ohio and Allegheny Rivers; Beaver River, from Rochester to Ellwood City; Raccoon Cieek, from Vanport four miles up stream; Mahoning Creek; Shennniro River, from Pulas^'i to New- castle; West Branch of the Susquehanna River; Clarion River, from Foxburg to Callensburg; Monongahela River, Pittsburg to Glassport; Raystown Branch of the Juniata River and several smaller streams. I found the pollution on the Ohio and Allegheny Rivers very bad and investigated same very thoroughly rei)orting to the office my findings. About the middle of August my home was burned down and I lost practically all my belongings, including my records of my work for the year, therefore, my report is necessarily shortened. On the first of October I was granted leave of absence for sixty days in order that I might build myself and family a new home, this to be without pay, as I did not think I could give my work the proper attention and at the same time build a home for myself and family. Following is the number of arrests, convictions and fines collected during the year: Arrests 27 Convictions, , jg Discharged, 3 Appealed g Pines 1370 00 The above is respectfully submitted. Respectfully, «Si;r„ed^ F. B. WHITEMAN, State Fish Warden. 09 REPORT OF THE off. Doc. Report of J. K. Conklin. Hon. N. R. Rnllor. B,artfo,-*r- '^?'"''""' '^"^- '^'■"S-1. -Tofferson anrl Clear- field Counties jvhuh is almost entirely a tiont territoiv While I have been unable to cover the entire distiiot. T Imve tr o(i to mtrol the streams where the fish la«s are mostlv violated ' foiu- 'as"JoTlows:'" '""'""'" """'" ^'' '"" '' ''"'"' F'^" ^"""^'^'^ ^-'e Dynamiting? Snarinp: trout ^ Takin": fish wifli lianfls, ..........[....],[[[ ? The violators beinff, in most cases, old offenders Mnch of my time was -iven to the pollution of th'e streams serving TntTh '". ''' '^'^'T.\ ^"I^^'^^tendents of plants r^^u<^7^ into the streams, as follows: ■" mnse Tanneries Chemical factories '^^ Powder mills ^'^ Saw mills ^ Oil refinei'ies [ ^ Creosotinc: plants ^ Glass woiks ^ ''"''' —7 see id the cv^min;, from their factories. The Kik TannynjV'c^;;;;,,,^' |j;f jl^^;;^ ^u '?.i^^T ^' '^''^^^"'^ ^^•'^"^•^ '^ '^" ^''^i^ tanner es,' which s f e msnlt o the Department keeping after them. Tn Jnlv, wi 1 W,, 0,' Acker 00k samples of pollution from all the different ndnie aionir i>n,o Pveck and Sinnamahonin- watevs. Tested J'^Z Z n2 and found that the lime consumed for killino- thrkl was Vto twenty seconds to eijrht minutes. Sam^des of the pollut on wa to comTdy with the law, yet where they have made provisions for keen- inff the refuse out of the sti cams, thev have not " ^ No. 21. DEPARTMENT OF FISHERIES. 93 by keeping after them. The public, in many cases, do not realize the vast amount of work that has been done by the Department of Fisher- ies in trying to clean up the streams and restore the fishing conditions and is, therefore, very impatient. The method of stocking the streams of the Commonwealth with yearling trout, from 4 to 5^ inches long, instead of fry or fiugerlings meets wilh the h.caity ai)i>ioval of all the s]M):tsmcn in this rosecutions were brought, most notable among 94 REPORT OF THE Off. Doc. them being the one at North Wales, Montgomery County, where a considerable portion of the head waters of the Wissahickon Creek were depleted of fish life. This offense w^as traced to the Union Chemical Company of North Wales, who were successfully prose- cuted and this Company have since abated the pollution. Two prose- cutions were brought in Bucks County for polluting the head-waters of Neshaminy Creek, both being successful and the pollution abated. Of the nioie ini])ortant investigations carried on by me under the direction of the Department, the investigations conducted on the Al- legheny River was of the greatest importance. Between the 8th and 13th of September thousands of fish were killed in this river. Bass in large numbers, together with thousands of the commoner species of fish, were destroyed and it is doubtful if any escaped destruction in that section of the river. The investigation showed that the de- struction was due to the abnormally high acidity of the mine water brought on by a protracted drouglit; this w\ater, high in acid, was brought down the Kiskiminetas River by a slight rise and when it reached the Allegheny River tlie destruction of the fish followed. My observations during the past year have been as follows: My work on the Delaware River above Trenton Falls has not been satisfactory to myself. T cannot do justice to this beautiful i iver with the equipment at hand. I would respectfully suggest that the Depart- ment place at my disposal a small power boat suitable for shallow water work. T am positive that such a boat would more than pay for itself during the first j^ear and it would facilitate the work. The bass season has been successful from the angler's point of view in my district, good catches have been made and reported from all sections. This is especially true of the Perkiomen and its tribu- taries in sj>ite of the fact it is the hardest fished water-shed in the State. Bass fishing has been better in the Schuylkill River this season than for a number of years, good catches having been made between Pottstown and Norristown. The large ice dams in Hosensack Creek located at Palm and Hosen- sack have furnished royal sport to the anglers of upper Montgomery and lower Lehigh Counties. Larije mouth bass have been taken in large numbers in these waters, fish weighing from four to six pounds are common. This is remarkable when we take into consideration that the first large mouth bass were planted in these waters about five years ago. Yellow perch are on the increase in the above men- tioned dams and a few are being taken in the Perkiomen. Bass fisln^o- in He ui)])er Delaware has been very good the past season. Good catches of trout were reported from all trout waters in my dis- trict and the s])rotsmen seemed to be of the one opinion that the size of the trout now planted, from 4 to 5^ inches lone:, vearlings, instead of fingerling or fry, will bring better lesults and all look forward to good fishing in a few years. An increased interest is being taken in carp fishing thoughout my district, many anglers fish for them when water conditions make bass fishing uncertain. A summary of arrests and disposition of cases follows: Arrests 25 Convictions 22 Acquittals 3 No. 21. DEPARTMENT OF FISHERIES. 95 Fines imposed, |700 00 Fines paid, |520 00 Appeals, 7 The above is respectfully submitted. Respectfully, CHAS. F. GERMAN, State Fish Warden. OFFICIAL DOCUMENT. No. 21, (96) INDEX Page. Applications for Fish ^ Abolition of Fish Baskets, 10-88 Arrests, ^^ An Amateur's Experience, 38 Aquarium in Fairmount Park, ^ Acker, W. J., Report of, 80 Albert, J. P., Report of, 89 Board of Fishery Commission Report, 3 Bellefonte Hatchery, ^3 Boat at Torresdale, 39-61 Brook Trout, ^^ Brown Trout, ^5-50 Black Bass, ^^ Black Bass as a Destroyer , 46 Black Bass, Difficulty of Prop()gatit)u, 47 Black Bass, Learning to Feed, '1 Bellefonte Hatchery, Report of, "2 Bellefonte Hatchery , Output of, 73 Corry Hatchery, Output of Fish , 52 Crawford Hatchery, Conneaut Lak;-, Cl"sid, 4 Co-operation , 5-13-27 Commissioner of Fisheries Report, • Conservation of Fish, ^11 Closed Streams, ^44 Corry Hatchery, 13 Commercial Hatcheries, 18 Causes of Arrests , 20 Capabilities of an Acre of Water, 34 Commodore Perry , 39 Carp, Value of, 42 Carp as Undesirable, 42 Carp as Spawneaters, 43 Close Season asked for Carp, 43 Care of Trout Streams 44 Corry Hatchery , Report of , 49 Cold Water as a Detriment to Shad Work, 59 Catfish, 59 Complaints of Applicants 72 Court Decisions , 75 Conklin, J. E., Report of, 92 Delayed Report of 1912, ^-48 Distribution of Yearlings, 4- 7 (97) 7—21—1014. m INDEX, Off. Doc. Duties of Commissioner of Fisheries, ^^^' Destructive Devices, ^^ Dredging Presque Isle Peninsula, ."...' ^ ' Dams, ^ Erie Hatchery, Output of, ^?f Expenses of Commissioners, ^' Efficiency and Economy, ^ Education as a Factor, ' Erie Hatchery, ^ Erie Auxiliary at Union City, ' ^^ Expenses of Hatcheries, ^ ^ ^^ P>ouomy in Saving Waste, ^^ Experience of an Amateur, ^^ Enemies of the Fish Pond, ^ Erie Hatchery, Report of ' • • . . ^ .. ' . . . ^ ^^'^ Erie Auxiliary, Report of, ^ Erie Auxiliary Output, T Fish Life, the Story of, " ' ''* Fish as a Farm l»roduct, ^ Fish for the Farmer, " ' ' ^ Unes Imposed , ^^ Financial Statement, ^^ Fishery Commission, Report of, ^^ Fishway at Holtwood, ^ Fishways in Dams, '^~^ Fishing for the People, * Fishing for a Food Supply, ^ Food Fish for the People, ^ Fishing as a H<'alth Restorer, ^ Fish r.askets Abolished, ^ Fisheries in Lake Erie, ^^"^ Fish Car, * " 11-^5 Field AVork on Lake Erie, ^^ Fish Distributed, .'.'.'.'."." ^" .'." .' 11-12-56 Frog Raising by an Amateur, ^^ Fishways, ^ Fairmount Park Acjuarium, ^ Fishing Sp(.iled by Black Rass, '^^^ Fish Exhibit at Conneaut Lake, . ^^ Field Work, ''^ Fishway at Wayne Hatchery, ^^ Cerman Carp, ^ <>igging Destructive, *^ (Jehman, C. F. , Report of, ^^ Health in Fi.shing, ^^ Hatchery at Erie ^ Hatchery at Union City, ^^ Hatchery at Bellefonte, ^^ Hatchery at Corry, • ^^ Hatchery Expenses itemized, ^^ Hatchery Reports, ^^ Holland, C. R., Report of, ^^ Interference with Propagation, ^ No. 21. INDEX. 99 Page. Improvements at Corry Hatchery, 50 Increase of Fish in Presque Isle Bay, 54 Improvements at Erie Auxiliary , 69 Lease of Torresdale Hatchery , 4 Lake Erie Act, 11 Lake Erie Fisheries, 11 Licenses for Shad Seines , 16 Lake Erie Fish Industry , 17 Lesson in Purification , 29 Life Story of Fish, 36 Licenses to take Carp in Lake Erie, 43 Lake Herring, 56-70 Moneys Received , 16 Moral Suasion as a Force, 22 Muscallonge, 45-54 MacDonald , Alex . , Report of, 87 Notices of Shipment, 4-51 Native Fishes for the Streams, 9 No Waste in Nature, 29 New Hatching House at Corry, 50 New Hatchery at Erie, 55 Officials of Department, 1 Open Streams, 10 Output of Fish, 13 Object Lesson to Anglers, 46-65 Ui)en Season for Pickerel , 47 Output of Fish at Corry, 52 Output of Erie Hatchery, 57 Output of Torresdale Hatchery, 61 Output of Wayne Hatchery, 66 Output of Erie Auxiliary, 71 Permanent Work Done, 3-8 Pt»llutiou , 5-21 ,77 Plants for Fish Culture, 7 Personal Touch with People, 11 Permanent Plants to Prevent Pollution, 22 Pure Water Absolutely Essential , 29 Paper ^Makers as Polluters, 29 Pollution in Supreme Court, 32 Presque Isle Peninsula, 33 Perm its , 41 Pickerel , 47 Pickerel , Open Season for, 47 Pure Water a Natural Right, 75-80 Question of Dams, 33 Report of Board of Fishery Commission , 3 Report of the Commissioner of Fisheries, 7 Rights of Land Owners, 10 Requirements of Wardens, 20 Restoring Original Natural Spawning Grounds, 33 Rebuilding Commodore Perry , 3^55 Reports of Hatcheries, 49 Report of Corry Hatchery , 49 100 INDEX, Off. Doc. Report of Erie Hatchery, ^^^®" Report of Torresdale Hatchery ..."'' ^ Report of Wayne Hatchery, ^ Report of Erie Auxiliary, ^ Report of Bellefonte Hatchery, ^ Reports of Wardens, .' ' . ^^ Report of Wm. J. Acker, ^^ Report of J. D. Sizer, [[[[ ^^ Report of C. R. Holland, ^ Report of Alex MacDonald, ^ Report of W. E. Shoemaker, ^^ Report of J. P. Albert, ^ Report of F. B. Whitemau, ^ Report of J. E. Conklin, ^ Report of C. F. Gehman, ......"....... ^ Spruce Creek Hatchery Sold, ^^ Shad for the Delaware, *^~^^ Suitability of Fish for Waters, ^ State Police as Wardens, Sale of Fish Car, ^^ Shad Seine Licenses , Suits Against Polluters, ... ^^ ' oq Supreme Court Orders Pollution Stopped, Z, Story of Fish Life, ' ^ Seine Licenses for Tide Water, . . ^ Shad Work, '.............. ^^ Slip at Torresdale ^^ Summary Conviction.s , ^ Sizer, J. D. , Report of ' '^ Shoemaker. W. E. , Report of, ^ Spearing Destructive, ^ Torresdale Hatchery Lease, ^ Tagging Commercial Fish, ^ Torresdale, New Boat at, ^^ Tide Water Seine Licenses, ^^"^^ Torresdale Hatchery, Report of, ^^ Torresdale Water Supply, ^ Torresdale Hatchery Output, .... ^ Tad-poles, .'..., ^^ Teaching Black Bass to Feed, l^ Verification of Shipments, [[ '^ Value of Lake Erie Fisheries, * Value of Artificial Propagation , ^^ Value of Commercial Hatchery Fish, Warden Service, ^^ Wash-out at Erie Auxiliary, ,[][[[ ^^^ Water Supply at Bellefonte, ^^T Wardens, -^^""^ Warmer Streams for Brown Trout. ^^ White Fish, ' *^ Wall-eyed Pike, •■•'• ^ ''''' ^ ^ !!!!!!! ^ !!!!! ! ^^"^^ Water Supply at Torresdale, ' " ^ Wayne Hatchery, Report of, . ^ m No. 21 INDEX. 101 Page. Water Supply at Wayne Hatchery, 65 Wayne Hatchery Output , 66 Warden's Reports, 80 Whiteman, F. B. Report of, 90 Yearlings Distributed 4 Yellow Perch, 18-58-70 i (102) END OF YEAR