CHAPTER XXX

NEW LAWS NEEDED IN THE STATES

(Continued)

MAINE:

There are reasons for the belief that Maine is conserving her large game

better than any other state or province in North America. One glance

over her laws is sufficient to convince anyone that instead of studying

the clamor of her shooting population, Maine has actually been studying

the needs of her game, and providing for those needs. If all other

states were doing equally well, the task of writing a book of admonition

would have been unnecessary. The proof of Maine's alertness is to be

found in the number of her extra short, or entirely closed, seasons on

game. For example:

Cow and calf moose are permanently protected.

Only bull moose, with at least two 3-inch prongs on its horns, may

be killed.

Caribou have had a close season since 1899.

On gray and black squirrels, doves and quail, there is no open

season.

The open season for deer varies from ten weeks to four weeks, and in

parts of three counties there is no open season at all.

Silencers are prohibited, and firearms in forests may be prohibited

by the Governor during droughts.

Nearly all wild-fowl shooting ends January 1, but in two places, on

December 1.

People who have not learned the facts habitually think of Maine as a

vast killing-ground for deer; and it is well for it to be known that the

hunting-grounds have been carefully designated, according to the

abundance or scarcity of game.

Maine has wisely chosen to regard her hunting-grounds and her deer as a

valuable asset, and she manages them accordingly. To be a guide in that

state is to be a good citizen, and a protector of game from illegal

slaughter. No non-resident may hunt without a licensed guide. The

licenses for the thousands of deer killed in Maine each year, and the

expenses of the visiting sportsmen who hunt them, annually bring into

the state and leave there a huge sum of money, variously estimated at

from $2,000,000 to $3,000,000. One can only guess at the amount from the

number of non-resident licenses issued; but certainly the total can not

be less than $1,000,000.

Although Mr. L.T. Carleton is no longer chairman of the Commission of

Inland Fisheries and Game, the splendid services that he rendered the

state of Maine during his thirteen years of service, especially in the

creation of a good code of game laws, constitute an imperishable

monument to his name and fame.

There is very little that Maine needs in the line of new legislation,

or better protection to her game. With the enactment of a resident

license law and a five-year close season for woodcock, plover, snipe and

sandpipers, I think her laws for the protection of wild life would be

sufficiently perfect for all practical purposes. The Pine-Tree State is

to be congratulated upon its wise and efficient handling of the

wild-life situation.

MARYLAND:

How has it come to pass that Maryland _lacks_ more good wild-life laws

than any other state in the Union except North Carolina? Of the really

fundamental protective laws, embracing the list that to every

self-respecting state seems indispensable, Maryland has almost none save

certain bag-limit laws! Otherwise, the state is wide open! It is indeed

high time that she should abandon her present attitude of hostility to

wild life, and become a good neighbor. She should do what is _fair_ and

_right_ about the protection of the migratory game and bird life that

annually passes twice through her territory!

At the last session of the Maryland legislature, the law preventing the

use of power boats in wild-fowl shooting was repealed. That was a step

ten years backward; and Maryland should be ashamed of it!

The list of things that Maryland must do in order to clear her record is

a long one. Here it is:

Local regulations should be replaced by a uniform state law.

The sale of all native wild game should be stopped.

Spring and late winter shooting of game should be stopped.

All non-game birds not already included under the statutes should be

protected.

The exportation of all game should be prohibited, unless accompanied

by the man who shot it, bearing his license, and the law should be

state-wide instead of depending upon a separate enactment for each

county.

There should be a hunter's license law for all who hunt.

The use of machine shotguns in hunting should be stopped, at once.

Stop the use of power boats in wild-fowl shooting.

MASSACHUSETTS:

In 1912 the state of Massachusetts moved up into the foremost rank of

states, where for one year New York had stood alone. She passed a

counterpart of the New York law, absolutely prohibiting the sale of all

wild American game in Massachusetts, but providing for the sale of game

that has been reared in preserves and tagged by state officers. This

victory was achieved only after three months of hard fighting. The

coalition of sportsmen, zoologists and friends of wild life in general

proved irresistible, just as a similar union of forces accomplished the

Bayne law in New York in 1911. The victory is highly instructive, as

great victories usually are. It proves once more that whenever the

American people can be aroused from their normal apathy regarding wild

life, _any good conservation legislation can be enacted!_ The prime

necessities to success are good measures, good management, a reasonable

campaign fund, and tireless energy and persistence. Massachusetts is to

be roundly congratulated on having so thoroughly cleaned up her

sale-of-game situation.

Incidentally, five bills for the repeal of the Massachusetts law against

spring shooting were introduced, and each one went down to the defeat

that it deserved. _The repeal of a spring-shooting law, anywhere, is a

step backward ten years!_

Massachusetts needs a bag-limit law more in keeping with her small

remnant of wild life; and that she will have ere long. Very soon, also,

her sportsmen will raise the standard of ethics in shotgun shooting, by

barring out the automatic and pump shotguns so much beloved by the

market shooters. As matters stand at this date (1912) the Old Bay State

needs the following new laws:

Low bag limits on all game.

Five-year close seasons on all shore birds, snipe and woodcock.

Expulsion of the automatic and pump shotguns, in hunting.

MICHIGAN:

On the whole, the game laws of Michigan are in excellent shape, and

leave little to be desired in the line of betterment except to be

simplified. All the game protected by the laws of the state is debarred

from sale; squirrels, pinnated grouse, doves and wild turkeys enjoy long

close seasons; the bag limits on deer and game birds are reasonably low;

spring shooting still is possible on nine species of ducks; and this

should be stopped without delay.

Only three or four suggestions are in order:

All spring shooting should be prohibited.

All shore birds should have a five-year close season.

The use of the machine shotguns in hunting should be stopped.

The laws should permit the sale, under tag, of all species of game

that can successfully be reared in preserves on a commercial basis.

Two or three state game preserves, for deer, each at least four

miles square, should be established without delay.

MINNESOTA:

This state should at once enact a bag-limit law that will do some

good, instead of the statutory farce now on the books. Make it

fifteen birds per day of waterfowl, all species combined, and no

grouse or quail.

There should be five-year close seasons enacted for quail, grouse,

plover, woodcock, snipe, and all other shore birds.

A law should be enacted prohibiting the use of firearms by

unnaturalized aliens, and a $20 license for all naturalized aliens.

Provision should be made for a large state game refuge in southern

Minnesota.

The state should prohibit the use of machine guns in hunting.

To-day, direct and reliable advices show that the game situation in

Minnesota is far from encouraging. Several species are threatened with

extinction at an early date. In northern Minnesota it is reported that

much game is surreptitiously trapped and slaughtered. The bob white is

reported as threatened with total extinction at an early date; but I

think the prairie chicken will be the first bird species to go. Moose

will soon be extinct everywhere in Minnesota except in the game

preserves. Apparently there is now about one duck in Minnesota for every

ten ducks that were there only ten years ago.

Now, what is Minnesota going to do about all this? Is she willing

through Apathy to become a gameless state? Her people need to arouse

themselves _now_, and pass several _strong_ laws. Her bag limit of

forty-five birds _per day_ of quail, grouse, woodcock and plover, and

_fifty_ per day of the waterbirds, is a joke, and nothing more; but it

is no laughing matter. It spells extermination.

MISSISSIPPI:

The legalized slaughter of robins, cedar birds, grosbeaks and doves

should cease immediately, on the basis of economy of resources and a

square deal to all the states lying northward of Mississippi.

The shooting of all water-fowl should cease on January 1.

A reasonable limit should be established on deer.

A hunting license law should be passed at once, fixing the fee at $1

and devoting the revenue to the pay of a corps of non-political game

wardens, selected on a basis of ability and fitness.

The administration of the game laws should be placed in charge of a

salaried game commissioner.

It is seriously to the discredit of Mississippi that her laws actually

classify robins, cedar-birds, grosbeaks and doves as "game," and _make

them killable as such from Sept. 1 to March 1!_ I should think that if

no economic consideration carried weight in Mississippi, state pride

alone would be sufficient to promote a correction of the evil. If we of

the North were to slaughter mockingbirds for food, when they come North

to visit us, the men of the South would call us greedy barbarians; and

they would be quite right.

MISSOURI:

The Missouri bag limits that permit the killing or possession of

fifty birds per day are absurd, and fatally liberal. The utmost

should be twenty-five; and even that is too high.

Doves should be taken off the list of game birds, and protected

throughout the year; and so should all tree squirrels.

Spring shooting of shore birds and waterfowl should be prohibited

without delay.

A law against automatic and pump guns should be enacted at the next

legislative session, as a public lesson on the raising of the

standard of ethics in shooting.

The state of Missouri is really strong in her position as a

game-protecting state. She perpetually protects such vanishing species

as the ruffed grouse, prairie chicken (pinnated grouse), woodcock, and

all her shore birds save snipe and plover. She prohibits the sale of

native game and the killing of female deer; but she wisely permits the

sale of preserve-bred elk and deer under the tags of the State Game

Commission. For nearly all the wild game that is accessible, her markets

are tightly closed.

We heartily congratulate Missouri on her advanced position on the sale

of game, and we hope that the people of Iowa will even yet profit by her

good example.

MONTANA:

Like Colorado and Wyoming, Montana is wasting a valuable heritage of

wild game while she struggles to maintain the theory that she still is

in the list of states that furnish big-game hunting. It is a fact that

ten years ago most sportsmen began to regard Montana as a has-been for

big game, and began to seek better hunting-grounds elsewhere. British

Columbia, Alberta and Alaska have done much for the game of Montana by

drawing sportsmen away from it. Mr. Henry Avare, the State Game Warden,

is optimistic regarding even the big game, and believes that it is

holding its own. This is partially true of white-tailed deer, or it was

up to the time of great slaughter. It is said that in 1911, 11,000 deer

were killed in Montana, all in the western part of the state, seventy

per cent of which were white-tails. The deep snows and extreme cold of a

long and unusually severe winter drove the hungry deer down out of the

mountains into the settlements, where the ranchmen joyously slaughtered

them. The destruction around Kalispell was described by Harry P.

Stanford as "sickening."

Mr. Avare estimates the prong-horned antelope in Montana at three

thousand head, of which about six hundred are under the quasi-protection

of four ranches.

The antelope need three or four small ranges, such as the Snow Creek

Antelope Range, where the bad lands are too rough for ranchmen, but

quite right for antelopes and other big game.

All the grouse and ptarmigan of Montana need a five-year close

season. The splendid sage grouse is now extinct in many parts of its

previous range. Fifty-eight thousand licensed gunners are too many

for them!

The few mountain sheep and mountain goats that survive should have a

five-year close season, at once.

The killing of female hoofed animals should be prohibited by law.

Montana has not yet adopted the model law for the protection of

non-game birds. Only seven states have failed in that respect.

The use of automatic and pump shotguns, and silencers, should

immediately be prohibited.

Montana's bag-limits are not wholly bad; but the grizzly bear has almost

been exterminated, save in the Yellowstone Park. Some of these days, if

things go on as they are now going, the people of Montana will be rudely

awakened to the fact that they have 50,000 licensed hunters but no

longer any killable game! And then we will hear enthusiastic talk about

"restocking."

NEBRASKA:

No other state has bestowed close seasons upon as many extinct species

of game as Nebraska. Behold how she has resolutely locked the doors of

her empty cage after all these species have flown: Elk, antelope, wild

turkey, passenger pigeon, whooping crane, sage grouse, ptarmigan and

curlew. In a short time the pinnated grouse can be added to the list of

has-beens.

There is little to say regarding the future of the game of Nebraska; for

its "future" is now history.

Provision should be made for one or more state game preserves.

Spring shooting of shore birds and waterfowl should be prohibited.

A larger and more effective warden service should be provided.

Doves should be removed from the game list.

NEVADA:

The sage grouse should be given a ten-year close season, for

recuperation.

All non-game birds should have perpetual protection.

The cranes, now verging on extinction, and the pigeons and doves

should at once be taken out of the list of game birds, and forever

protected.

All the shore birds need five years of close protection.

A State Game Warden whose term of office is not less than four years

should be provided for.

A corps of salaried game protectors should be chosen for active and

aggressive game protection.

Nevada's bag limits are among the best of any state, the only

serious flaw being "10 sage grouse" per day: which should be 0!

Nevada still has a few antelope; and _we beg her to protect them all

from being hunted or killed!_ It is my belief that if the antelope is

really saved anywhere in the United States outside of national parks and

preserves, it will be in the wild and remote regions of Nevada, where it

is to be hoped that lumpy-jaw has not yet taken hold of the herds.

NEW HAMPSHIRE:

Speaking generally, the New Hampshire laws regulating the killing and

shipment of game are defective for the reason that on birds, and in fact

all game save deer, there appear to be no "bag" limits on the quantity

that may be killed in a day or a season. The following bag limits are

greatly needed, forthwith:

Gray Squirrel, none per day, or per year; duck (except wood-duck),

ten per day, or thirty per season; ruffed grouse, four per day,

twelve per season; hare and rabbit, four per day, or twelve per

season.

Five-year close seasons should immediately be enacted for the

following species: quail, woodcock, jacksnipe and all species of

shore or "beach" birds.

The sale of all native wild game should be prohibited; and

game-breeding in preserves, and the sale of such game under state

supervision, should be provided for.

The use of automatic and pump guns in hunting should be

barred,--through state pride, if for no other reason.

NEW JERSEY:

New Jersey enjoys the distinction of being the second state to break

the strangle-hold of the gun-makers of Hartford and Ilion, and cast out

the odious automatic and pump guns. It was a pitched battle,--that of

1912, inaugurated by Ernest Napier, President of the State Game and Fish

Commission and his fellow commissioners. The longer the contest

continued, the more did the press and the people of New Jersey awaken to

the seriousness of the situation. Finally, the gun-suppression bill

passed the two houses of the legislature with a total of only fourteen

votes against it, and after a full hearing had been granted the

attorneys of the gunmakers, was promptly signed by Governor Woodrow

Wilson. _Governor Wilson could not be convinced that the act was

"unconstitutional," or "confiscatory" or "class legislation."_

This contest aroused the whole state to the imperative necessity of

providing more thorough protection for the remnant of New Jersey game,

and it was chiefly responsible for the enactment of four other excellent

new protective laws.

New Jersey always has been sincere in her desire to protect her wild

life, and always has gone _as far as the killers of game would permit

her to go!_ But the People have made one great mistake,--common to

nearly every state,--of permitting the game-killers to dictate the game

laws! _Always and everywhere, this is a grievous mistake_, and fatal to

the game. For example: In 1866 New Jersey enacted a five-year

close-season law on the "prairie fowl" (pinnated grouse); but it was too

late to save it. Now that species is as dead to New Jersey as is the

mastodon. The moral is: Will the People apply this lesson to the ruffed

grouse, quail and the shore birds generally before they, too, are too

far gone to be brought back? If it is done, it must be done _against the

will of the gunners;_ for they prefer to shoot,--and shoot they will if

they can dictate the laws, until the last game bird is dead.

In 1912, New Jersey is spending $30,000 in trying to restock her

birdless covers with foreign game birds and quail. In brief, here are

the imperative duties of New Jersey:

Provide eight-year close seasons for quail, ruffed grouse, woodcock,

snipe, all shore birds and the wood-duck.

Prohibit the sale of all native wild game; but promote the sale of

preserve-bred game.

Prevent the repeal of the automatic gun law, which surely will be

attempted, each year.

Prohibit all bird-shooting after January 10, each year, until fall.

Prohibit the killing of squirrels as "game."

NEW MEXICO:

All things considered, the game laws of New Mexico are surprisingly up

to date, and the state is to be congratulated on its advanced position.

For example, there are long close seasons on antelope, elk (now

extinct!), mountain sheep, bob white quail, pinnated grouse, wild pigeon

and ptarmigan,--an admirable list, truly. It is clear that New Mexico is

wide awake to the dangers of the wild-life situation. On two counts, her

laws are not quite perfect. There is no law prohibiting spring shooting,

and there is no "model law" protecting the non-game birds. The sale of

game will not trouble New Mexico, because the present laws prevent the

sale of all protected game except plover, curlew and snipe,--all of them

species by no means common in the arid regions of the Southwest.

A law prohibiting spring shooting of shore birds and waterfowl

should be passed at the next session of the legislature.

The enactment of the "model law" should be accomplished without

delay to put New Mexico abreast of the neighboring states of

Colorado, Oklahoma and Texas.

The term of the State Warden should be extended to four years.

NEW YORK:

In the year of grace, 1912, I think we may justly regard New York as the

banner state of all America in the protection of game and wild life in

general. This proud position has been achieved partly through the

influence of a great conservation Governor, John A. Dix, and the State

Conservation Commission proposed and created by his efforts. In these

days of game destruction, when our country from Nome to Key West is

reeking with the blood of slaughtered wild creatures, it is a privilege

and a pleasure to be a citizen of a state which has thoroughly cleaned

house, and done well nigh the utmost that any state can do to clear her

bad record, and give all her wild creatures a fair chance to survive.

The people of the Empire State literally can point with pride to the

list of things accomplished in the discharge of good-citizenship toward

the remnant of wild life, and toward the future generations of New

Yorkers. That we of to-day have borne our share of the burden of

bringing about the conditions of 1912, will be a source of satisfaction,

especially when the sword and shield hang useless upon the walls of Old

Age.

New York began to protect her deer in 1705 and her heath hens in 1708.

In 1912 she stopped the killing of female deer, and of bucks having

horns less than three inches in length. Spring shooting was stopped in

1903. A comprehensive law protecting non-game birds was enacted in 1862.

New York's first law against the sale of certain game during close

seasons was enacted in 1837.

In 1911 New York enacted, with only one adverse vote, a law prohibiting

the sale of all native wild game throughout the state, no matter where

killed, and providing liberally for the encouragement of game-breeding,

and the sale of preserve-bred game.

In 1912 a new codification of the state game laws went into effect,

through the initiative of Governor Dix and Conservation Commissioners

Van Kennen, Moore and Fleming, assisted (as special counsel) by Marshall

McLean, George A. Lawyer and John B. Burnham. This code contains many

important new provisions, one of the most valuable of which is a clause

giving the Conservation Commission power, at its discretion, to shorten

or to close any open season on any species of game in any locality

wherein that species seems to be threatened with extermination. This

very valuable principle should be enacted into law in every state!

In 1910, William Dutcher and T. Gilbert Pearson and the National

Association of Audubon Societies won, after a struggle lasting five

years, the passage of the "Shea plumage bill," prohibiting the sale of

aigrettes or other plumage of wild birds belonging to the same families

as the birds of New York (Chap. 256). This law _should be duplicated in

every state._

_Two things_ remain to be done in the state of New York.

All the shore birds, quail and gray squirrels of the state should be

given five-year close seasons, by the action of the State

Conservation Commission.

For the good name of the state, and the ethical standing of its

sportsmen, as an example to other states, and the last remaining

duty toward our wild life, the odious automatic and pump shotguns

should be barred from use in hunting, unless their capacity is

reduced to two shots without reloading.

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Our Vanishing Wild Life: Its Extermination and Preservation · 第 4 / 16 章