California. Dept. of Fish and Game.

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California. Dept. of Fish and Game.
Biennial Report 1905-1906.



(bound volume)



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DATE DUE






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&: California. Dept. of Fish and Game
Biennial Report 1905-1906.



(bound volume)



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DATE



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ISSUED TO




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California Resources Agency Library

1416 9th Street, Room 117

Sacramento, California 95814



REPORT



OF THE



^tate Board of fish Commissioners



OF



CALIFORNIA




SACRAMENTO RIVER, OR QUINNAT, SALMON— Onchorhynehus chouWia.




1905-1906



W. SHANNON,






SACRAMENTO

SUPERINTENDENT OF STATE PRINTING
1907



NINETEENTH BIENNIAL REPORT



OF THE



State Board of Fish Commissioners



OF THE



STATE OF CALIFORNIA,



l()\< TPI I : YKAHS L905-1906.



COMMISSIONERS:



W. W. VAN A.RSDALE, -

W. E. GERBER,

JOHN BERMINGHAM, JR.,



Sax Francisco
Sacramknto

PlSOLE



CHAS. A. VOGELSANG, Chief Deputy,

BAM FB V5CI8CO, I AL.




W. W. SHANNON



SACRAMENTO:

: : SUPERINTENDENT OF STATE PRINTING.
1907



I



CONTENTS



PAGE

INTRODUCTION 5

ARRESTS AND FINES 10

FINANCIAL STATEMENT 14

SISSON HATCHERY 15

THE SALMON LAW 25

THE TROl'T LAW 28

EASTERN BROOK TROUT - 30

TAHoE AND TALLAC BATCHERIE8 32

WAWoNA HATCHERY 36

VERDI STATION - 37

STRIPED BA>~ - 38

THE GRAYLING 43

LOCH LEVIN TROUT - 44

SHAD 45

EEL RIVER SALMON AND BTEELHEAD HATCHERY .... 46

GOLDEN TROUT (Salmo roosevelti) ...... . 50

SHRIMPS - - - 52

STURGEON - - - 55

SPINY LOBSTER OR CRAWFISH - -' 55

A.BALONES 56

BLACK BASS 57

CARP - - 60

PERMITS FOR LIVE GAME 61

IMPORTATION OF GAME BIRD- 64

FISH AND GAME PROTECTIVE ASSOCIATIONS 66

HUNTING LICENSES 67

CAME WARDENS 70

RECOMMENDATIONS - 71

ACKNOWLEDGMENTS 72



APPENDIX

TROUT AND SALMON OF THE PACIFIC COAST 77

By David Stark Jordax

DO QUINNAT SALMON RETURN TO THEIR NATIVE STREAMS? - 93

By Cloudslky Rutter

THE GOLDEN TROUT OF THE SOUTHERN HIGH SIERRAS 98

By Barton W. Everma>->-



NINETEENTH BIENNIAL REPORT



OF THE



STATE BOARD OF FISH COMMISSIONERS.



To Hon. George C. Pardee,

Governor of the State of California :

Sir: In accordance with law, the State Board of Fish Connni.-sioners
submits for your consideration its Nineteenth Biennal Report, the same
being a record of its work and expenditures from September 1, 1904, to
September 1, 1906.

We also submit for your consideration the recommendations which,
in our judgment, and based upon our experience in carrying on this
work, would tend to the betterment of existing conditions as they refer
to the fish and game interests of our State.

Since the Eighteenth Biennial Report was issued, the personnel of
this Board has undergone one change. At a meeting held on March 23,
1905, Mr. John Bermingham, Jr., of Pinole, who had been appointed by
you as a member of the Fish Commission, presented his credentials and
was thereupon seated as a member of this Board.

Regular meetings of the Board have been held during the first of
every month, and at such other times as the interests of the work
seemed to require.

We are pleased to report that, in spite of the great disaster which
visited San Francisco and destroyed our offices in the Mills Building,
together with most of their contents, our Chief Deputy, Mr. Charles A.
Vogelsang, saved the minute book, containing the records of every
meeting, since June 3, 1898; also the expenditure book, showing the
amount of every claim drawn against the funds over which we have
control, since July 1, 1905. The fishermen's licenses for the current
year, duplicate bills, inventories of State property, deeds, leases, con-
tracts, and book of arrests were also saved. We regret, however, to
state that our library and long list of reports from other states, together
with a great deal of valuable data on fish cultural work in this State



b REPORT OF STATE BOARD OF FISH COMMISSIONERS.

and elsewhere, were lost; also all of the correspondence. Reports of the
work of the previous Boards, as shown hy their biennial reports since
the Commission was first organized, were also destroyed. With respect
to the latter, we are pleased to say that we have succeeded, through
the courtesy of the U. S. Bureau of Fisheries and through corre-
spondence with people in this State who had saved such reports, in
reestablishing a fairly good file. In addition, Hon. George M. Bowers,
Commissioner of Fisheries, and Dr. T. S. Palmer, in charge Game
Preservation, U. S. Biological Survey, at Washington, 1). C, have
donated to us many valuable publications concerning the work of their
respective departments, and also solicited publications from other states
in our behalf. We have, therefore, the nucleus of another library.

Owing to the complete interruption of all transportation lines it was
impossible to carry away from the building any of our specimens or
heavy books. Previous to leaving the office the Chief Deputy filled the
vault with the most valuable books, literature, reports, stationery sup-
plies, typewriter, and other essentials, in the hope that they w-ould be
safe, but the conflagration and the destruction it wrought are now mat-
ters of history. The vaults were not built to withstand such intense
heat, and on being opened it was found that the contents had been
reduced to ashes.

The loss of important data and manuscripts that had been carefully
collected with a view of incorporating them in our- Nineteenth Biennial
Report is severely felt and has involved additional labor and research
in order to make an intelligent and comprehensive report.

Immediately following the fire our office was temporarily established
at the private home of the President of the Board, Hon. W. YV. Van
Arsdale, from which point we directed the movements of the patrol force
and got in communication with the different hatchery stations, and the
office was continued there until the transportation problem was in a
measure solved. Through the courtesy of John P. Irish, Naval Officer
of the Port of San Francisco, we were offered temporary quarters in the
United States Customs House, and arrangements were being made to
accept, when a second offer came to us through the courtesy o' Arthur
M. Briggs, Secretary of the State Board of Trade, in the Ferry Building.
As the latter point possessed many advantages in respect to accessibility
from all quarters, as well as convenience for the movements of our patrol
force, the offer was accepted, and since May 9, 1906, we have been occu-
pying our present small but comfortable quarters, and will remain here
until larger accommodations can be secured.

Public interest in our work has largely increased and the volume of
correspondence grown accordingly. We now feel that we have developed
sufficiently to justify dividing our office work into departments, to
successfully accomplish which we will require at least three rooms —



REPORT OF STATE BOARD OP FISH COMMISSIONERS 7

one to be used as a meeting room for the Board, a separate room for the
stenographer, to be used also for files, stationery supplies, etc., and a
third for the use of deputies, and to receive those having business with
the office. When a change is made from our present quarters we shall
endeavor to carry out this plan.

We are pleased to report satisfactory results from the amendments
that were introduced at the last session of the Legislature, and which
became laws with your approval. The amendment that reduced the
bag limit on doves from fifty to twenty-five and placed them on the
non-sale list has met with universal approval.

The entire family of shore birds (LimirnJae) were added to the non-
sale list. This restriction, with the establishment of a close season of
eight months (making an open season that runs concurrent with the
duck law), is working very satisfactorily; in fact, we see no reason for
change in seasons, except as to doves. In many states of the Union
the dove is not allowed to be killed at any time, and it is unquestionably
a fact that, under the present law, which permits their killing on the
1st of July, thousands of nestlings and breeding birds are cruelly
destroyed. There is a strong sentiment, notably in the southern section
of the State, that the dove be protected at all times; in other words,
added to the list of non-game birds. Undoubtedly the long open season,
the excessive bag limit, and sale in the markets were responsible for the
large decrease in their numbers. The recommendation we offer now is,
that the date of the open season be changed from July 1st to July 15th,
and extend to October 15th — making a season of three months. Con-
sidering the subject from a humane standpoint, and the fact that the
dove is really a friend of the horticulturist, as it lives largely on the
seed of noxious weeds, are in our opinion sufficient reasons why a shorter
season and greater protection should be given this bird.

With respect to the present deer law, we find that in those sections of
the State where the conditions are at all favorable, deer have shown a
decided increase. In the southern portion, where forest fires have
denuded the mountains and where the increase in population has been
extraordinary, deer are very scarce; in fact, almost exterminated.
Some urge that a close season for a term of years be established. With
that contention we do not agree, as the present restrictions are. in our
judgment, ample. It is not reasonable to expect that in the more
densely settled counties game can show an increase. Civilization and
wild game can not increase in an equal ratio; in fact, the converse is
true: the greater the increase in population, in that same ratio will
there be shown a decrease of wild game.

In some quarters there is a desire to divide the State into fish and
game districts. Other states that have tried the experiment have gone
back to a general State law. The Federal Department of Game Preser-



8 REPORT OP STATE BOARD OF FISH COMMISSIONERS.

vation has had an opportunity to observe the workings of a State divided
into districts. As a result of its observations that department is strong
in its opposition to the district plan. While we realize that a general
State law does not always work to the entire satisfaction of every sec-
tion, it does so far as the general interests of game are concerned, and is
to its advantage. Much confusion over imaginary lines is avoided in a
simple and direct State law.

In our Eighteenth Biennial Report, touching upon the duck law, we
recommended that the bag limit be reduced from fifty to twenty-five.
In the Legislature two years ago there was an attempt made to place
ducks on the non-sale list, but the sentiments of the members, the press,
and the public generally, were strongly opposed to such a measure,
which was supported by only a few, representing largely the sports-
men's element of the State, and it was defeated. In the present duck
law there are serious defects that should be remedied. Evasions are
easy, both in the field and in the markets. There has been much criti-
cism of our patrol work, alleging that little if any attention has been
paid to the market hunter; also, that we have allowed a single indi-
vidual or firm to receive hundreds of ducks in a single day when the bag
limit permits but fifty. Under the present statutes, transportation com-
panies are exempted from the bag-limit provisions; otherwise embar-
rassing situations would arise. For example, two men hunting together
and each kills the bag limit, and presents it to a transportation company,
one man only could ship his bag; the other would have to wait until
the following day. The market dealers were not slow to perceive where
they could accomplish an evasion legally, and that has been done by
incorporating and organizing themselves into transportation companies.
As their business is conducted throughout the year and they transport
and handle fruit, produce of all kinds, poultry, and game, and it is so
set forth in their articles of incorporation, they can with perfect safety
handle as many ducks as any regular transportation company. We
have successfully prosecuted a good many individuals who were found
with more than the legal limit, but when it came to those dealers who
were using the transportation scheme, decisions were against us.

Two years ago, we prepared and presented to the Legislature a bill
providing a graduated license for all individuals or concerns who bought
and sold ducks, in other words, handled them for profit. This bill pro-
vided that commission houses and game dealers should keep a record —
open to inspection of this Board and its deputies— of all parties from
whom they purchased ducks; making it unlawful to accept more than
the bag limit of twenty-five birds from any individual in one day; it
also placed a license on the market hunter, who had to affix not only
his name, but his license number on every bag of ducks he shipped;
that any ducks coming to market without such name and license number



REPORT OF STATE BOARD OF FISH COMMISSIONERS V

be confiscated, and that the same license number under different names
meant confiscation of the birds. It was also made an offense for any
agent of any transportation company to accept for shipment to market
any duck- that were not so tagged with the name and license number.
This, in our opinion, is the only way in which the market hunter can
be held in check and compelled to comply with the law. Otherwise, it
is practically impossible to obtain sufficient evidence to warrant a con-
viction. In the San Joaquin and Sacramento valleys, which are the
«_ r reat duck-hunting sections of tin- State, all sorts of schemes and
evasion- are resorted to. Tin- hunters are on the ground and know
every inch of it; they have numerous assistants who ship ducks under
their individual names, thereby permitting Bome families t<> -hip as
many as two hundred and fifty ducks in a Bingle day. With a license
Bcbeme in operation, each hunter would have to pay the license fee,
which would add considerable to our resources and would <_ r ive us com-
plete control of the market hunters by putting a deck on tie- violations
at their source, and relieve this Board of the expense of so many depu-
ties in the cities, where most of the game is handled. It would prevent
the so-called sportsmen who shoot for profit and pleasure from shooting
and disposing of their game unless regularly Licensed. Even with a bag

limit of twenty-five, which 18 three times the amount that any sports-
man and his family ran COU8Ume, there would remain a large number
of birds to be disposed of. If a market hunter can ship twentv-five
birds in one day, or, if possible, take out two licenses under different
names and shoot fifty birds, he would still lie under control. Commis-
sion houses, hotels, or restaurants which handle ducks for food, have
none of the pleasure of the chase; in other words, handle only those
which have already been killed. The bag-limit provisions would not
apply to them except in this respect: that not more than the legal limit
should l>e received from anyone person during one calendar day. We
estimated that such a license bill would prove a source of considerable
revenue, which would enable us to add more men to our force, better
patrol the State, besides reducing, probably fifty per cent, the number
of birds killed; it would make a more uniform supply for the market;
there would not be the waste that there is under the present system,
which responsible dealers tell us amounts to fully one third of the
number received, as the market is often glutted and the birds spoiled
before they can be sold. For these reasons, we believe that so long as
ducks are sold in the markets, such a measure would more nearly meet
the approval of our Legislature and the requirements of our people, and
be supported by them more than any other measure relating to the
protection of ducks that has yet been presented.

In addition to the foregoing, we would recommend that an annual
license fee of $1 be imposed on every individual who shoots protected



10 REPORT OF STATE BOARD OF FISH COMMISSIONERS.

game birds or animals. Such a license plan is in operation in six-
teen of the states of the Union and four provinces of Canada, and is
working very satisfactorily, besides producing a large revenue, which
enables the commissioners to better patrol their states by a considerable
increase in their force of deputies, without a tax on the general fund.
Such a. law would be of great value in our State, owing to its size. But
few of the counties appoint game wardens, and in most cases they are
selected merely to pay off some political obligation, and consequently
good results do not follow. The office, therefore, falls into disfavor, the
people realizing that, for the additional tax imposed upon them to
maintain a game warden, who is often incompetent or worse, they are
receiving no benefit. Another reason why this measure should commend
itself to the Legislature is that this slight tax of $1 would fall only on
the men who shoot protected game, and does not apply to the individual
who does not hunt or has no interest in sport of that kind.



ARRESTS AND FINES.

We are proud to submit the following record of the arrests made dur-
ing the past two years and the aggregate amount of fines imposed for
violations of the fish and game laws. A close reading of this table will
be interesting to those who desire to learn to what extent we have
enforced the law, and is our reply to a question frequently asked. It will
also indicate something of the great variety of work our patrol force is
called upon to perform. This statement is taken from our docket of
prosecutions, which shows the cases in detail. The work has been far-
reaching and thorough. By far the larger number of arrests have been
made by our regular patrolmen; though some have been made by men
of the Forest Service, and others interested in this work, who have been
empowered by us with authority to make arrests for violation of the
fish and game laws. In our opinion, all of the cases made throughout
the State are directly traceable to the salutary influence created by
some important arrest made by one of our older and more experienced
deputies.

In a large number of cases, pleas of "guilty" were entered, which in-
dicates that the evidence had been carefully collected, and was so com-
plete that the defendants were glad to throw themselves upon the mercy
of the court. Sometimes, we have regretted that this was done, as it
gave the court opportunity to show more leniency than in our opinion
was warranted by the gravity of the offense, resulting in a small fine.
We have investigated hundreds of complaints not all of which were
made in good faith. Some we found grew out of spite work, and there
was not sufficient evidence to warrant a prosecution.



REPORT OF STATE BOARD OF FISH COMMISSIONS 11

We have strongly insisted upon this point: that we regard the arrest
of an individual an important matter to him as well as to ourselves,
and the evidence in every ease should be sufficient to command the
respect of the judge and the jury. We have been criticised at times
because we have not caused an arrest upon some complaint that was
undoubtedly made in good faith, but the investigation did not develop
sufficient evidence, in our judgment, to take the case into court. We
know that so many pleas of guilty are filtered owing to the fact that
deputies have he reful judgment before making am -•-.

For the two years ending August 31, 1906, our force has to its credit
774 arrests, against 560 for the two pre< eding years, showing a gain of
224. Fur violations of the game laws 150 arrests were made, against
325 for the preceding two years. For violation- of the fish laws 324
arrests were made, as against 225 for the preceding two years. The total
amount of fines imposed for violations of both i i - 1 1 and game lawg
$23,154.90. Of this amount $13,600 was imposed for violations of the
fish Laws, and $9,554.90 for violations of the game laws. The largest
amount imposed for transgr — ion of any of I me laws was for vio-

lations of those provisions which relate to deer, there being 165 arrests,
and fines imposed amounting to $4,330, as against $100 in 1897 98.
The next was for violating the law relating to striped bass, for which
offenses the aggregate sum of $4,120 was imposed, as against $100 ten
years ago.

We believe in following a liberal but progressive policy, forging
ahead from year to year, and carrying with as public sentiment, the
support of which is absolutely essential to a proper enforcement of
these law-.

That our policy lias been supported is shown by the larger number of
arrests and amounts paid in fines. We recognize the existence of
slight inequalities in the law. but we believe it to be the part of wisdom
to make haste slowly; to hold to that of which we are sure and which
our people are learning to respect more and more every year.

The public, the courts, and the peace officers are becoming more
familiar with the fish and game laws, and, with the limited number of
changes we will recommend, a large majority of our people will be
satisfied that their best interests are fully served.

Our regular deputies have seized thousands of pounds of fish and
game in transit; fish that were underweight, or that had been taken in
violation of the law; prohibited game offered for sale, or shipped con-
trary to statutory provisions; also for violation of the bag limit. In
many cases, conviction followed the seizure. In others, owing to the
use of fictitious names, we were unable to locate the shippers; their
punishment was effected by confiscation of the shipment, which penal-
ized them to the extent of getting no returns for the time or labor
involved in its capture.



1L (



REPORT OF STATE BOARD OF FISH COMMISSIONERS.



More than 60,000 pounds of dried shrimp and shrimp shells were
taken; 19,000 pounds of striped bass; 2,600 pounds of salmon; more
than 8,000 pounds of steelhead; more than 300 dozen ducks; 50 dozen
quail; besides snipe, plover, deer meat, etc. This evidence was placed
in cold storage until the cases were disposed of, after which it was dis-
tributed among the various hospitals, orphan asylums, etc., of San
Francisco. The Little Sisters of the Poor, the Almshouse, and the
Protestant and Hebrew Orphan Asylums were among the beneficiaries.
We have received grateful letters of acknowledgment from all of these
institutions.

A good many deer hides were also seized, and in nearly every case of

violation of the deer law, a few hides were collected, which aggregated

quite a number. In the absence of any statute providing for their

disposition, they were disposed of to a tannery, in accordance with

previous custom, and the proceeds placed to the credit of the Game

Preservation Fund.

FISH CASES.

Summary of Arrests made by Deputies of the Fish Commission, and Disposition of Cases for

Two Years ending August SI, 1906.



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Fines.


53

22



*18
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*99
19


Catching or possession of salmon, closed season
Saturday and Sunday fishing for salmon, shad,

Possession or selling under-weight striped bass.
Trout in possession, close season


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4

88

19

8

4

1

8

15

2

4

7

10

14


2
2


4

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11,300 00

800 00

3,340 00

385 00

280 00

60 00

20 00

180 00

345 00

40 00

100 00

175 00

750 00

3,210 00


500

"33

10


10


Excess bag limit trout ... _




2
1




6


Buying and selling under-weight trout ..


1


9 7


1


Spearing trout. ..




8


Steelhead trout, close season ..








*18


Sturgeon in possession

Taking black bass other than with hook and line

Black bass, close season

Catching or possession of the young of fish

Using set nets




2




2






5




1

5
3




7
16


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150

100


17


Using small mesh nets .. .. .




2


Nets extended more than V4 across stream ..


2
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10

5

14


Shrimp nets for catching fish. ..

Crawfish, close season

Crawfish, illegal size


10
4
9

11
4
1
4

5
5


1
2


200 00

85 00

195 00

310 00

125 00

20 00

80 00

250 00
100 00





11


Abalones, illegal size .._ . .




4


Abalone shells, illegal size _.

Crabs, close season ^.








1








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Female crabs in possession..


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