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Annual report of the
Commissioners of Fisheries,

^ew York (State). Commissioners of
Fistieries, Game and Forests




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First Annaal Rq)ort



of tl)e



(ommissioners of Ptsf)erics,
(jame and fore5t5



of tl)e



3tafe of Rev ^ort^.-



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WYNKOOP HALLENBECK CRAWFORD CO.,

PRINTERS.

NEW YORK AND ALBANY,

1896.



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Pir^t Annaat K.eport

of ttK

Commfe^ioner<5 of Pi5f)eries, dame

and Pore^t5.



Hon. Hamitton PisI),

3peaiser of tt)€ Assemblv, Albanv. N. ^. :

>3ir:— We I)ave tl)e I)onor to 3ttl)init I)erewitl), as
re(g.ttired b^ lav, tl)e official report of tl)i5 ^oard for tl)e
period commencing witi) its orc^ani^^ation, April Z% lS95»
and ending viti) tl)e Close of tl)e fiscal ^ear 3^ptember

^0, IS 95.

We are, sir,

Ver^ respectfutlAg,

:^eLrnet M. Davis,

President.

H. H. ly^man,
William R. Weed,
Ct)arles M. :^abcocI^,
Edward TI)omp5on,

Conunissloncrs of Pl'^berie^, (iame and Forests.



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3tate of Rev ^or^.

Commissioners of Plsi)eries» Ciame and Porests.

Bamet H. Davis, President, Palmyra, N. Y.

Henry H. Lyman, Commissioner, Oswego, N. Y.

William R. Weed, " Potsdam, N. Y.

Charles H. Babcock, " Rochester, N. Y.

Edward Thompson, ** Northport, L. L, N. Y.

Franklin B. Mitchell, Secretary, , . . . Albany, N, Y.

3tanding Committees.

Forest Preserve and State Lands, . . Messrs. Weed, Lyman and Davis.

Executive, Messrs. Lyman, Babcock, Davis.

Hatcheries, Fish Culture and Game, Messrs. Babcock, Thompson, Davis.

Shellfish, Licenses and Permits, . . Messrs. Thompson, Lyman, Davis.

Legislation, Messrs. Davis, Weed, Babcock.

3tate Pish Coltorist.
A. Nelson Cheney, Glens Falls, N. Y,

^operlntendcnt of Hatcf)eries.
James Annin, Jr., Caledonia, N, Y.

3ttperintendent of Porests.
William F. Fox, Albany, N. Y.

Cbief Ciame Protector and Porester.

J. W. Pond, Malone, N. Y.

Wm. Wolf, Clerk to Chief, etc., . ... . . . Albany, N. Y.

AssiS^^nt Chief Ciame Protectors and Poresters.

John E. Leavitt, . . . Johnstown, N. Y.

Mannister C. Worts, Oswego, N. Y.

A. J. Mulligan, Audit and Pay Clerk, Albany, N. Y.

A. B. Strough, Special Agent '' "

M. C. Finley, Special Agent, Palmyra, N. Y.

J.J. Fourqurean, Stenographer, Albany, N. Y.



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Table of Contenfe.



PAGE

Preface, . i

Report of Commissioners, 5

Purchase of Lands, 26

Financial Report, .......... 29

Summary of Disbursements, ......... 31

Account of Fines and Penalties, 47

Account of Net Licenses, ......... 53

Oyster Franchise and Lease Account, ...... 54

Report of the Shellfish Commissioner, ...... 55

Report of the Superintendent of Hatcheries, .... 62

Food for Fishes, by A. N. Cheney, ........ 99

Commercial Fisheries of the Interior Waters of the State, . . 118

Mascalonge, Pike, Pickerel, Pike-Perch, by A. N. Cheney, . . . 121

Shad of the Hudson River, by A. N. Cheney, 125

The Rainbow Trout, by Dr. Tarleton H. Bean, 135

The Brown Trout, by R. B. Marston, 141

Ouananiche, by E. T. D. Chambers, ........ 145

Instructions for Transporting and Planting Young Fish, . . . 149

Information for All who Apply for State Fish, . . . . . 150

Report of Chief Game Protector and Forester, ..... 151

Report of Superintendent of Forests on the Adirondack Deer, . . 159

Forest Fires, 242

The Chinese Pheasant, by Hon. S. H. Green, ...... 254

Summer Woodcock Shooting, by G. Hills, '257

Fisheries, Game and Forest Law, 263



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Frontispiece, ....

The Brook Trout,

The Atlantic Salmon,

"An Ideal Trout Pool,"

" Landing a Big Trout,"

American Lobster,

The Common Edible or Blue Crab,

Brown Trout Caught in Caledonia Creek,

The White Fish, ....

Round White Fish, )

Cisco or Lake Herring,

The White Perch,

The Yellow Perch,

Striped Bass or Rock Fish,

The Sauger or Sand-Pike, .

** Fly-fishing for Black Bass,"

The Small-mouthed Black Bass,

Moss From Caledonia Creek, .

Fresh Water Shrimp,

May-fly, ....

The Large-mouthed Black Bass,

Caddis-fly,

Caddis Worm and Cases, .

Cyclops, ....

Daphnia Pulex,

Daphnia Bearing Eggs, .

The Cray-fish,

Test-net, ....

The Pike Perch or Wall-eyed Pike,

The Mascalonge,



Facing



PAGE

5
5

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12
28

58
60
62

66
70

70

70

70

99

100

104

106
108
109
no
II I

112
114
116

1x8
120



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LIST OF ILLUSTRATIONS.



The Pike, ......

Part of Cheek and Gill Covers of a Mascalonge,

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** ** " " Pickerel,

The Pickerel (from the Upper Hudson River), .
The Pickerel (from a pond in Massachusetts),
** Trolling for Blueflsh," . . . .

The Shad, ......

" An Awkward Angler," . . . •

The Rainbow Trout, ....

Rainbow Trout (adult , . . . . .

(young), ....

"An Accomplished Angler," . . . ,

The Brown Trout, ....

** A Souvenir of Izaak Walton,"

" The Leap of the Salmon,"

The Smelt, ......

** Forest Products," ....

" Hunting the Deer," . . . . .

Palmated Horns, .....

The Virginia Deer, . . . . .

Swimming Buck, .....

On Lewey Lake, . . . . .

Types of Adirondack Deer Hounds,

A Group of Distinguished Sportsmen,

Abnormal Development of Prongs,

Antlers in the Velvet, . . . .

Typical Development of Antlers,

Burr of Deer's Antler Shed in the Woods,

The Mongolian or Ring-necked Pheasant,

" Woodcock Nesting," . . . . »





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THE raiNTINO OF THIS ENTIItC lOOK, INCLUDING THE
COLONEO AND GELATINE ILLUSTRATIONS, HALF-
TONES AND TEXT, WAS EXECUTED BY

WYNKOOP HALLENBECK CRAWFORD CO
ART PRINTINO WORKS,

ALBANY AND NEW YORK.



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7 to introduce the Report of a State Corn-
formal preface, but the character of the
• Fisheries, Game and Forests Commissioners' Report for the

part of a year ending September 30, 1895, ^sso unusual in some respects that it appears
to be justifiable in this instance to depart from custom, particularly as there are
some explanations to be made concerning it that cannot well be made elsewhere.

It is the desire of the Commission that its first report shall be something more
than commonplace ; something more than a dry recital of work accomplished, such
as is commonly supposed to be required by law, with prosaic facts and cold figures as
to the numbers of fish propagated, game law offenders punished and forest fires
extinguished ; for, important and necessary as all these and kindred matters may be
when tabulated and explained, they are not apparently of themselves sufficient to
appreciably interest the general public in the work of the department, as the general
public might become interested if the facts and figures were presented for inspection
and approval with auxiliary matter, and all in an attractive dress.

While it is the object of the Commission in the following pages to interest and in
a degree instruct the great mass of the people of the State in regard to the fisheries,
game and forests by adding other than statistical information, it must not be under-
stood that the value of statistics is in any way, even by implication, underestimated.

On the contrary, the United States Fish Commission says truly : " The depend-
ence placed upon fishery statistics by those who are connected directly or indirectly
with the industry is attested by the avidity with which statistical reports are received
and by the frequent demands for such data on the Fish Commission by the general
fishing public. State officers, economists and National legislators. In the consideration
of all important international fishery questions in recent years, in the enactment of
State and Federal laws affecting the fisheries, in gauging the effect of artificial
propagation and the necessity for resorting thereto, statistics have played a very
important part.



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n PREFACE.

" Mention should be made of the very creditable statistical work being done by
several of the States through Fish Commission Boards and industrial and statistical
bureaus. Massachusetts, Connecticut, Maryland, and, doubtless, other States, have
made valuable contributions to the literature of fishery statistics, and many of the
Fish Commissions have from time to time presented original statistical information of
importance in their annual reports."

It will be observed that this State is not mentioned specifically as having contributed
statistical information except through this Commission, for the reason that this State
has no separate statistical bureau such as exists in -other States, and very naturally a
Fishery Commission, or a Forestry Commission, or both combined, is in a better
position to gather accurate information in regard to its own work than any bureau
organized for the purpose of gathering general statistics. This was exemplified in the
case of the United States Census Bureau when it took up the matter of. the Fisheries
of the United States.

When the Commissioners came to determine the scope of this report, it seemed
to be best that some of the fishes of the State should be figured, and as figures in black
and white, however faithful, appear to lack something, figures of some of the fishes in
colors were decided upon. The general color of a fish is not regarded as a sure guide to
species, and scientists consider the structure of a fish as well as its color in determining
species. The people generally regard color as of the first importance, and it woul(J be
worse than useless to attempt to portray any fish in colors, unless it were done with
absolute fidelity in every detail. Mr. Sherman F. Denton, the artist of the United
States Fish Commission, was engaged to make sixteen color drawings of fishes and
game, and this he did so faithfully that they will serve to identify the originals of
the drawings, for fin rays and scale formation are as faithfully represented as the
external colors of the subjects.

These color-drawings have been reproduced so exactly, that no colored figures of
fishes in existence exceed them for truthfulness or beauty of execution. They are abso-
lutely faithful reproductions, which can be said of no other work of this kind. For
perfectly fresh specimens of some of the fishes for the artist's use, the Commission is
indebted to Mr. Walter C. Witherbee, of Port Henry, and Mr. W. W. Whipple, of Glens
Falls. For the figures of the fishes and shellfish in black and white, thanks are due
to the United States Fish Commission for the use of original and accurate drawings.

The swimming buck is reproduced through the courtesy of Forest and Stream
Pubhshing Company, and some of the deer hounds and deer heads through the
courtesy of Major Robert Lennox Banks and Mr. John L. Wendell, and the examples
were carefully selected from a great number submitted. That Judge Greene's article,
on the Chinese pheasant, might be properly illustrated, Mr. J. Roberts Mead, of



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PKEFACi:. Ill

Portland, Ore., very kindly sent a perfect mounted specimen of the bird from which
to make the colored drawing and plate.

The nomenclature of certain fishes is referred to in another portion of this report,
but one inconsistency was not mentioned. The Game Law of the State provides a
close season and other regulations for a fish under the name of Salmon Trout. We
have no salmon trout in any waters of the State, and the fish should be called by its
proper name, Lake Trout. The lake trout is wholly unlike the salmon, and why it
should have been called salmon is beyond comprehension. There is a fish called
salmon trout in Europe, and it is a migratory fish like the salmon. There is a fish in
Canadian waters called salmon trout, and that, too, is migratory. The steel head
trout on the Pacific Coast is called salmon trout, and that also is a migratory fish.
Years ago Jordon declared that it was wrong to call our lake trout by the name of
salmon trout, and a former P'isheries Commission of this State passed a resolution
that the fish in question should be called by no other name than lake trout, but
the .statutes still adhere to the misnomer.

The landlocked salmon is another example of inapplicable names for our fishes.
It is not landlocked and never was landlocked in its original habitat, whether that was
Maine, Province of Quebec, Labrador, or Sweden. It Wks been established that the
original common name of the fish (in the Indian tongue) was ouananiche, pronounced
as though it were spelled whon-na-nishe, and that is what it should be called, whether
it is found in the Dominion of Canada, Maine, New Hampshire or New York, rea-
soning from the standpoint of the scientist who calls a bass *' trout-like," because it
was the first name applied to the fish. If the first scientific name applied to a fish
should hold, why not the first common name, particularly when it is appropriate, musi-
cal, distinctive, and a departure for once from such names as *' tin mouth" and ** red
eye ? " Reforms of this kind can be worked much more effectively through the
fishery newspapers and the great body of fishermen, but a Fisheries Commission may
put the seal of approval upon them.

Under Chapter 335 of the Laws of 1895, $4,ocx) was appropriated to purchase
additional land and water (spring) for the hatchery at Pleasant Valley, and the pur-
chase was made on the 28th of September, 1895. On the land purchased are located
some of the finest springs in the State. There is a large volume of constant flowing,
pure, cold water running nearly full-head in the dryest season. The temperature of
the water at surface of the storage pond is 44 degrees, in August, and 42 degrees
beneath the surface.

It is expected that so much of the additional land as may be available will be
utilized to construct rearing ponds to raise yearling fish. This hatchery, although
the last to be built, promises to be one of the best in the State.



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IV PREFACE.

It is believed that by planting yearling and older trout of some species, rainbow
and brown trout particularly, that they n\ay be established or re-established in waters
that are thought to have become unfitted for them because of the presence of predacious
fish. This experiment will be thoroughly tried in some of the lakes in the State until
it is successful or found to be impracticable.

There are laws providing close seasons for the different trout and regulating the
size of trout and salmon that may be killed when caught with hook and line, but it is
equally important that there should be a law regulating the number of trout to be
taken. Other States have laws restricting the catch of an angler in one day to about
ten pounds of brook trout and about twenty-five pounds of lake trout. Now that a
beginning has been made in limiting the number of black bass to be taken in one day,
it is to be hoped that trout may receive attention in this respect and some limit
placed by law upon the number to be taken.

The construction of fishways in the streams of the State has been referred to else-
where. That this is most important is recognized by all familiar with the fishing
industry. A Canadian report uses this language : ** The construction and maintaining
of proper fishways is absolutely necessary, and this, can be done so cheaply that there
is no excuse for neglecting it when a dam is built." Owing to the indiscriminate
manner in which predacious fish have been transplanted in the waters of the State,
care must be exercised in the building of fishways, that the territory of the predacious
fishes may not be extended to the injury of other fish ; but there can be but one opinion
in regard to the necessity for fishways in our streams to permit the free passage of
anadromous and other fish to and from their natural spawning grounds, if the supply
is to be kept up even with the aid of artificial propagation.

The various important recommendations of the forestry department of this Com-
mission will be found in the text of the main report, and will need no further reference
here.

The Game Law of the State, with the latest amendments thereto, has been added
as an appendix, with a complete index.

Finally, the thanks of the Commission are extended to Mr. Robert B. Marston, Dr.
Tarleton H. Bean, Mr. E. T. D. Chambers, Judge S. H. Greene, and Mr. Granville
Hills for the original papers contributed to this report.

THE COMMISSIONERS.



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RnPOK^T



OF THE



Commi55ioner5 of Pi5l)erie5, Game

and Pore^t^-



To tl)e Honorable tl)e ^egistatore of tl)e 3tate of New ^orl^ :

jection 8 of chapter 395 of the Laws of
le honor to submit herewith a detailed
cial proceedings for the period commenc-
ing with the organization of this Board
and ending September 30, 1895.

This Commission was appointed under
the provisions of chapter 395, Laws of
1895, «tt the 25th day of April, 1895,
and having taken the constitutional oath
of office, met for the purpose of organ-
ization at their rooms in the Capitol, in
the city of Albany, N. Y., on the same day.
Barnet H. Davis having been named
by the Governor as President of this
Board, called the Commission to order.
Edward Thompson was designated as
Shellfish Commissioner, and Edward P.
Doyle, late Secretary of the Commission
of Fisheries, was elected Secretary, who
at the same time filed his resignation,
^ ^ to be accepted at the pleasure of the

Board. J. Warren Pond, Chief Protector
of the late Fisheries Commission, was appointed Chief Fish and Game Protector
and Forester, and Miss J. J. Fourqurean stenographer.



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6 REPORT OF THE COMMISSIONERS OF

A committee was appointed to prepare and submit a plan for the organiza-
tion of the work of the Board, and rules and regulations for the conduct and
control of its business.

On the 7th of May, 1895, A. N. Cheney was appointed State Fish Cuiturist; James
Annin, Jr., former Superintendent of Hatcheries, was appointed Superintendent of
Hatcheries, and William F. Fox, Superintendent of Forests under the late Forest
Commission, was appointed as Engineer of this Commission, with duties similar to
those he had heretofore performed. The new law or Consolidation Act imposed
many duties upon this Commission beyond those of the two old Commissions.
The new game laws also extended its jurisdiction and added much to its labors,
while the work connected with the Forest Preserve and State Land Department
was made much heavier by placing upon us certain duties formerly performed by
the Comptroller and the I^nd Board. Again, the increased and popular demand
for Adirondack lands for lumber and pulp-wood, for private preserves, park,
sporting and land speculative purposes, has greatly increased the duties of the
Commission. The conditions mentioned have stimulated litigation and attacks
upon the State's titles and multiplied the vexatious questions we are called upon
to investigate and settle.

A constant decrease in the flow and permanency of heretofore unfailing springs
and streams and increased difficulties in obtaining eggs for hatching has greatly added
to the work of the hatchery department, while many troublesome questions have
arisen regarding the surveying, leasing and occupancy of State lands under water for
shellfish cultivation.

With the increased duties came additional expenses and increased financial trans-
actions requiring close attention to the details of audit and payment of many hundreds
of bills and claims each month.

To facilitate the proper transaction of the business we were compelled to divide it
into departments to be under the charge and control of committees, and on the 29th
of May, 1895, the following rules and regulations were adopted for the government of
the Board when in session and transaction of its business when not in session, viz. :

1. Regular meetings of the Board shall be held on the second Tuesday of January,
April, July, and October, at the office of the Commission in Albany, and at such other
times and places as the same may be called.

2. Special meetings of the Board may be called at any time by the President, or,
in case of hi^ disability, by the Executive Committee, or upon the written request of
any three Commissioners. Written notice of all special meetings must be given at least
twenty-four hours previous thereto.



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FISHERIES, GAME AND FORESTS. 7

3. A majority of the Board shall constitute a quorum for the transaction of busi-
ness, and all questions shall be determined by a majority of those present, a quorum
voting.

4. The presiding officer, and all other members present, shall vote upon all ques-
tions unless excused by the Board.

5. The presiding officer shall determine all questions of order; and, in case of an
appeal, a majority present may overrule his decision.

6. The President shall preside at all meetings when present. In the absence of the



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