Laws of Georgia for the protection of game birds and fish, bulletin 7, 1920 January

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GEORGIA
Department of Game and Fish
BULLETI 7
LAWS OF GEORGIA
For the Protection of Game Birds and Fish

S. J. SLATE

,

State Game and Fish Commissioner

ATLANTA. GEORGIA

JA UARY.I920

,

GEORGIA GAME AND FISH LAWS

ACTS 1911-12 AME DED 1916-1919

S'ection 1. Be it enacted by the General As embly of Georgia, That the Department of Game and Fish be e tabti hed to be in charge of the game and fish commis ioner, who hall be appointed by the Governor, and the term of whose office shall be for a period of two year, beginning eptember 1st, 1911, or until his Sl'.ccc.. or i.. appointed and qualified. Any vacancy in the office by death or otherwise shall be filled by appointment of the Governor.

Sec. 2. Said commissioner shall receive a salary of not exceed-

ing $3600.00 per annum, payable alone out of the fund herein-

after mentioned, and provided by virtue of this act, and he shall

give hi entire time to the service of the State as such game

and fish commis ioner.

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ec. 3. Said commi ioner hall give bond in the um of $4 000.00 payable to the governer of the State, with two or more solvent securities, conditioned for the faithful performance of the duties of his office and a proper accounting of all moneys that may come into his hands as commissioner. He shall keep a public record, correctly di closing all moneys received and expended, the number of hunters' licenses, the number of wardens employed, with their names, and counties in which they serve. Also the name of each per on prosecuted for violation of this Act, the amount of fines imposed and collected in each ca e, and all uch other information as may be necessary to the affair of the Department. The book and accounts of said commissioner shall be audited in the ame way. as other books and accounts of other departments of the State are audited. He shall have a seal of office.

Sec. 4. It shall be the duty of said commissioner to see that the laws now or hereafter enacted for the protection, propagation and preservation of game animals, game birds and fi h in this State are observed and that violations of said law are promptly and speedily prosecuted. It hall be his duty to seize or cau e to be eized game birds or other animal and fj h caught or killed at a time or in a manner, or which have been shipped, contrary to the provisions of this act. Such game or fish so seized shall be donated to some charitable institution in this

State, except live game birds, animals or fish, which shall be liberated. He shall, with wardens and deputy wardens and exofficio wardens be authorized to serve all criminal processes for violations of this act which could be served by the sheriff and constables of thi State.

Sec. 5. He shall appoint game and fish wardens and deputy

warde;n in each county of this State, such appointees to hold

their office for a term of two years unless sooner removed for

cause by the commi sioner. Such wardens and deputy wardens

shall enforce all the provisions of this act and all other laws in

reference to game and fish in their respective counties. Such

wardens and deputy wardens shall receive $3.00 per day while

acting under the special directions of the commissioner with

refercnce to the discharge of their duties, which sum shall be

paid out of the game fund provided for by this Act. Each

county warden shall receive one-fourth of all fines and forfeit-

ures and penalities collected in the county in which he holds

office imposed for violation of any of the game and fish laws

of thi State where he does not furnish the evidence neces ary

to convict. If he does arrest or cau e the arrest, and furnish

the evidence neces ary to convict, then he shall have three-

fourths of such fine, forfeitures and penalties. Any person

arresting or causing to be arrested offenders under any of the

game and fish laws of thi" State and furnishing the eviden c

necessary to convict such offenders hall receive one-half of fines,

forfeitures and penalties impo ed and collected from such offend-

ers aud legal feps paid to constable. The remaininO" portion

of fine imposed and collected hall be forwarded to the State

game commi ioner and by him turned into the treasury to the

credit of the game protection fund. The county warden. hall

receive twenty-five cents for each county licen e i sued by him,

one dollar for each State license and thre<> dollar. for each non-

resident license i ued hy him. All county warden shall keep a

record in the office of the clerk of the court in their re pective

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counties, which record shall be open to the puhlic, giving name

of all parties holdi~ resident. county and State license and non-

resident State licen e i ued by him. Thi record shall al 0 show

the names, offence and fine. impo ed on all persons convi ted

for a violation of the fish or game laws of this State in the county

of his jurisdiction.

Sec. 6. Any re ident of tbe State may procure a license to llUnt in his resident COUllt~r upon the payment of the urn of one dollar. License to snch reo ident shall be i ned authorizing him
to bunt throughout the tate upon payment of three dollars.
Licen. e hall be i ued to non-residents of the State upon the

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payment of the sum of fifteen dollars, which shall authorize such non-resident to hunt throughout the State. Alllice~ shall bear the date of issuance if the license is issued in the open season, and if issued in the closed season, shall authorize such person to hunt during the next succeeding open season. Such license shall be signed by the Commissioner and countersigned by the game warden of the county in which the license is issued and numbered. It shall contain the residence, age, ex: and post office address of the person to whom issued; also state race, approximate height and weight, and color of the applicant's hair and eyes. The license fees, less the warden's fees, shall be remitted by the warden to the commissioner not later than the first of the following month. A person may hunt and fish in the open season in his own 1ilitia District or on his own land without a license. Tenants and their families by and with the permission of the owner of the land shall be permitted to hunt and fish on the lands leased and rented by them without a license. All persons privately owning ponds shall fish at any time and in any manner they desire in said pond.
Sec. 7. 0 person shall hunt or fish upon the lands of another with or without license without first having obtained permission from uch land owner. Any person violating this section is hereby declared to be guilty of a misdemeanor, and shall be punished as prescribed in section 12 of this act.
Sec. 8. All moneys received by the commissioner arising under this act shall constitute a fund known as the game protection fund, and shall be devoted to the payment of the salary of the commissioner, his necessary incidental expenses and the salar, of the game wardens and deputy wardens in acting under the special instructions from him. Such salaries and e.cpenses shall not be a charge upon the State fund, nor payable out of any other fund than the game protection fund. No voucher for said salary nor expenses shall be paid unless there shall be at the time sufficient money to the .credit of said fund in the treasury. If there should be any money in the treasury at the end of the year to the credit of the game protection fund the amount so remaining shall become a part of the public school fund of the State.
Sec. 9. The clerk of each court in which prosecutions may be instituted for violation of this act shall promptly report to the commissioner the results of said trial and the amount of fines, forfeitures and penalties collected, which said sum shall after the deductions mentioned in Section 5 of this act be forwarded to the game commissioner and placed to the credit of the game protection fund.
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Sec. 10. It shall be the duty of the various judges of the superior courts to specially mention in their charges to the respective grand juries the provisions of this act.
Sec. 11. The following shall be deemed game birds and a.nimals: quail, commonly known as bob white partridges; doves, snipe, woodcocks and curlews, wild turkey, grouse, pheasants, deer, squirrels, duck and marsh hens. Provided that nothing herein contained shall prohibit the hunting or sale of migratory ducks, provided that no one person shall kill more than fifty ducks in one day, and the season for shooting migratory ducks is between September 1st and April 20th.
Sec. 12. .Any person who shall purchase, or sell, or export for sale, or offer to sell any of the game birds or animals named in Section 11 of this act, shall be guilty of a misdemeanor, and upon conviction, punished by a fine of not less than ten or more than one hundred dollars and all costs for each offense, or to work on the public works not less than ten or more than ninety days and anyone or more of these punishments may be ordered in the discretion of the judge; provided that any person may have in his possession at any time any of the birds or wild animals of this State, or the plumage, skin or body thereof for propagation, or scientifie purposes, or for pets, provided that such person shall register with the commissioner of game and fish of this State the number and variety of such birds or animals, which he may have in his possession, and how acquired, and that such birds or other wild animals are used only for propagation or scientific purpo es or for pets, and provided further that such per ons may sell such birds or other animals alive to be used for said purposes, and when so doing he shall report promptly to the commissioner of game and fish of this State the number and species of birds or wild animals sold and to whom sold and that the person buying or otherwise acquiring such birds or other wjld animals shall promptly report to said commissioner the perSOll from whom he purchased or obtained such birds or animals, and the number and species thereof so acquired, and setting forth that they are to be held and kept only for propagation and scientific purposes, or for pets, and provided further that any f'luch person who shall fail to comply with the above regulations shall be guilty of a misdemeanor; provided further that the commissioner of game and fish may in his discretion issue licen es or permits to any person or persons to take any of the birds or wild animals or the plumage, snn or body thereof, or the nests or eggs of the same for propagation or scientific purposes, or for pets under such regulations and restrictions as may be imposed by said commissioner of game and fish; provided
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further that such licenses or permits may be issueli by said commissioner of game and fish upon the payment of a fee of one dollar, and that the same may be revoked at the pleasure of the said commissioner at any time, and that such permits or license unless sooner revoked shall be good for one year from the date of issuance; provided further that any person may transport or ship from any point within this State to any other point within this State birds or wild animals alive for propagation or for scientific purposes, and that the transportation companies may accept such shipments, and that both the shipper and the transportation company accepting such shipment shall on the same day that the shipment is made report to the commissioner of game and fish of this State the number and species of such birds or wild animals shipped, and to whom and by whom shipped; provided that any violations of the provisions of this section shall be pUD1Rherl as provided in said Section 12 as amended.
Sec. 13. Any person who shall transport or ship, or offer to transport or ship, any of the game birds or animals mentioned in section 11 of this act, without the limits of the State or from the county in which the game was killed, into another county in this State, or who shall sell or offer to sell, qr purchase or offer to purchase any part of the plumage, skin or body of any of the game birds and animals mentioned in Section 11, or who shall take or willfully destroy the nests or eggs of any of the said birds, except as provided in sectio:Q. 12 of this act, shall be guilty of a misdemeanor, and upon conviction, shall be punished as prescribed in section 12 of this act; provided, it shall be lawful for any person duly authorized to hunt, to personally transport, openly, the game actually killed by him, from the county in which it was killed to any other county of this State, or without the State, but the person killing such game must in each instance accompany the game so killed. Each person hunting shall carry with him his license and exhibit the same promptly upon the request of any game warden or deputy warden, or ex-officio warden.
Sec. 14. Any person who shall hunt, kill or destroy, by any means whatever, or who is in possession of the following named birds and animals, except between the following dates, except as provided in section 12 of the act approved August 21st, 1911, as amended, shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 12 of this act: quail, commonly known as bob-white partridges; wild turkey goblers and plovers, from November 20th to March 1st following; woodcock and summer or wood duck, from September 1st to
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January 1st; doves, from August 1st to August 31st, and from o\'ember 2Uth to ~Iarch 1st following; deer from October 1st
to Decemb l' 1 t following; cat squirrel from October 1 t to :~\Iar(:h 1 t follo\ving of each year, provided that no per on shall kill more than fifteen cat squirrels in anyone day. It hall be unlawful at anytime of the year to scatter upon the lands of any person whether it be the owner of the land or not, any corn, wheat, or grain, 01'- to bait for the purpose of drawing to the land where such bait wa scattered or placed, game birds or dove', for the purpose of shooting or allowing to be shot at, or kill uch game birds or doves at or near the land so baited, and it shall be unlawful for any person to shoot at or kill any dove or game bird at, upon or over or near any land baited or baited field or land. It shall be unlawful for any person to kill any fox squirrel prior to January first, 19i18, and for violations of these provisions of this section such person or persons shall be punished as is prescribed by section 12 of the act approved August 21st 1911, as amended. Provided, that thi shall not prevent the killing of squirrels while destroying corn or other cultivated vegetation.
Section 15. During the open season no one person shall be authorized to kill more than two deer nor more than two wild turkey during anyone season, nor more than twenty-five game birds of anyone species in anyone day. Any person violating this section shall be guilty of a misdemeanor and punished as prescribed in section 12 of tbis act.
Sec. 16. Any person who shall catch or kill any wild pheasants, grouse, or fawn, or any imported game birds or game animals prior to December 1st, 1916, shall be guilty of a misdemeanor, and upon conviction, punished as is prescribed in section 12 of this act.
Sec. 17. Any person who shall at any time kill or capture or wound any game birds or animals by the u e of pitfall, dead fall, snare, trap, pen or other device, or by the u e of any poison drug or explosive, or who shall hunt, catch, or kill any game bird or animals at night, shall be guilty of a misdemeanor, and upon conviction, punished as prescribed in section 12 of this act.
Sec. 18. Any person who shall hunt, without first obtaining a license, except upon his own land, or who lends or tran fers his license to another, or who shall hunt upon the lands of another without first having obtained hi con ent to do so, except person Iollowing hounds in pursuit of foxes or deer, or any other animal not mentioned in this act, in or upon or through the unenclosed or uncultivated lands of another, shall be guilty of a misdemeanor and upon conviction, punished as prescribed in section 12 of this act.
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Sec. 19. Any common carrier who shall ship, or trttnsfer, or carry any game birds or animals without the limits of {his State, except as herein provided, shall be guilty of a misdemeanor, and upon conviction, punished as prescribed in section 12 of this act; provided, the terms of this section shall not apply to game in the personal possession of the party killing the same; provided, such party has obtained a license then of force.

Sec. 20. Any agent or employee of a common carrier who shall receive any game birds or animals for shipment without the State, or from one county to another county within the State, except as herein provided, shall be guilty of a misdemeanor, and upon conviction, punished as is prescribed in section 12 of this act.

Sec. 21. Any warden, deputy warden or ex-officio warden who shall fail to perform any act or duty placed upon him by this act, shall be guilty of a misdemeanor, and upon conviction, shall be punished as prescribed in section 12 of this act.

Sec. 22. All moneys received by the commissioner arising

from the provisions of this act shall be deposited in the State

Treasury to the credit of the game protection fund, and said fund

shall not be drawn upon or used for any purpose save such as is

designated in this act.

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Sec. 23. It shall be unlawful for any person in this State to kill, catch or have in bis possession any wild non-game bird or to take or destroy the nests or eggs of any non-game bird or to have the same in his or her possession. Such person violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction, punished as is prescribed in section 12 of this act j provided, this section shall not apply to the following birds j English sparrows, owls, hawks, eagles, crows, rice birds, and field or meadow lark j except persons may ship in this State mounted for millinery.

Sec. 24. The game commissioner and wardens shall see that the laws pertaining to fish are rigidly enforced.

Sec. 25. All laws and parts of laws in conflict with this act
are hereby repealed.

Sec. 26. That it shall be unlawful to kill buzzards at any and all times of the year.

See 590 Criminal Code, 1911. If any person shall hunt or catch o'po mu between the first day of March and the first day
of October of each year, he shall be guilty of a misdemeanor.

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CLOSED SEASON FOR FOX HUNTING IN ELBERT, MADISON, AND OGLETHORPE COUNTIES.
An Act to prohibit the hunting, following hounds in pursuit of, trapping, killing or destroying in any manner, fox in the County of Elbert, State of Georgia, except during certain seasons of the year, and to provide a penalty for violation thereof, and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall be unlawful, for any person to hunt or follow hounds, or other dogs, in pursuit of, or to kill or in any manner destroy any fox in the County of Elbert, in the State of Georgia, between the dates of February first, and September first inclusive.
Sec. 2. Be it further enacted by the authority aforesaid, That, it shall be unlawful for any person to kill or catch or maim by trapping, any fox in the County of Elbert in said State 'lt anytime.
Sec. 3. Be it further enacted by the authority aforesaid, That, any person violating any of the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a mi demeanor.
Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Approved August 18, 1919. (Same Law applies in Madison and Oglethorpe Counties.)
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FISH LAWS
Criminal Code 1911

Section 600. No person shall inhabit, occupy, or reside in any vessel, ark, or flat on any river of this State, which shall be engaged in the lawful commerce of said river in the carriage of
goods or produce to or from market, unless owned by the proprietors of the shores, or their lessee; provided, nothing in this section shall be construed to prevent the owners of the land on said rivers, or their lessees, from taking fish in the river opposite their banks; but no seine shall be permitted to be used in said river either by such owners or lessees, from twelve o'clock Saturday night to twelve o'clock Sunday night; and provided also, that every lease or license to fish shall be recorded within ten days after the granting thereof in the clerk' office of the Supe-
rior Court of the County where the land lies. A violation of any of the foregoing provisions shall be punished as a misdemeanor.

Sec. 601. No person, other than the proprietor of the shores

and the banks of salt creeks, estuaries, and rivers (or such per-

sons as shall be such proprietor authorized), shall take fish, or

attempt to do so, with any line, net, or contrivance, on any

estuary, or river, where an artificial shell reef, beds or fishing

grounds have been constructed within one hundred yards there-

of. Nor shall one proprietor construct or use such places oppo-

site the shore or bank of another proprietor beyond the center

of creek, estuary, or river opposite his own shore bank. Any

per on violating the provisions of this section shall be guilty of

a misdemeanor.

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Sec. 602. If any person shall put any trap, wire, trot line, setline, or other like contrivances, for catching fish for sale, in any of the lakes or other waters of the State, upon or within the lands of another without the WRITTEN consent of the owner thereof, he shall be guilty of a misdemeanor.

Sec. 603. If any person shall place in the waters of any river, or creek, or any fresh water drain any dam, trap, net.
seine or other device for catching fish, unless the main channel of such stream is left open for a space of ten feet for rivers
and one third or the channel of creek at low water mark, unobstructed for the free passage of fish up or down such streams, he
shall be guilty of a misdemeanor, and the sheriff of the county, upon complaint, of persons in the territory of such obstructions

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shall have authority to break open any dam, net, 011' other obstruction that may be placed in such waters in violation of this section. This section does not apply to dams for milling or manufacturing pm'po. e. 'l'he words "'lo\vwater mark" shall not apply to fresh water mains.
Sec. 604. If any person shall use firearms, dynamite, or other explosives or destructive substances for the purpose of killing fish, he shall be guilty of a misdemeanor.
Sec. 605. If any person shall use nets, seines, or other contrivances covering, extending to, or obstructing more than one half of the stream for catching or taking shad in any of the streams of this State, he shall be !ruilty of a misdemeanor.
Sec. 606. There shall be a "closed time" for the rivers in which had are caught, of forty eight hours: commencing at sunrise on Saturday morning of each week, and ending at sunrise on Monday morning of the next week, during which" closed time" no shad or other migratory fish shall be caught by netS. wires, pound, or other means whatever; neither shall uch nets wires, pound , or other apparatus be left in said rivers during said" clo::;ed time." The meshes of nets or other apparatus for catching fi h . hall not be less than five inches.
ec. 608. A violation of either of the two preceding sections shall be a mi demeanor.
Sec. 609. If any person shall seine or net for fish in any of the stream in which mountain trout exist, or be placed, he shall be guilty of a misdemeanor.
Sec. 610. If any non-resident of this State shall take or catch any oyster or fish from the public waters of thi State for the purpose of selling them, he hall be guilty of a misdemeanor.
POISO I G FI H PROHIBITED.
Sec. 611. Any person who shall directly by himself, or by aiding or abetting others, put walnut hulls, walnut leaves, devil shoestrings, or any poison substances whatever of any kind in any wate'rs, either running streams or standing waters, such as lake ,pond or eddy places in any river or creek within the limits of thi State, which will be likely to drive away or poi<;on the fish therein by contaminating said waters, he shall be guilty of a mi demeanor.
CLOSED PERIOD FOR FISHI G EXCEPT WITH HOOK AND LINE.
Sec. 612. If any per on hall catch or take any fish with seine, net, gig, or spear or like device, from any of the waters
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o fthis State, between the first day of February and the first day of July in each year, except with hook and line, lie shall be guilty of a misdemeanor.
Sec. 613. In case of had the above prohibition as to dates shall apply only between the fifteenth of April and the :first of July.
Sec. 614. Whoever shall catch any shad or other fish, or use for the purpose of catching shad or other fish, in any of the waters of this State, any net or nets known as drift nets, between the hours commencing at sundown on Thursday of each week and ending at sunrise on Monday of the next week, shall be guilty of a misdemeanor.
Above repealed by Shad Act of August 17th, 1918.
SHAD ACT APPROVED AUGUST 17, 1918.
An Act to regulate the taking of shad fish from the waters of this State and providing for a license to be imposed upon those who take, for purpose of sale, with any device, shad fish from any of the waters within this State, and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that on and after the passage'of this act, the open season during which an person may take shad fish from the waters of this State in any manner, shall be from February first, to April 20th, following.
Sec. 2. Be it further enacted that during each week of such open season there shall be a closed time during which no shad fish shall be taken from the waters of this State in any manner beginning at sundown Friday of each week and extending until sunrise on Monday, following.
Sec. 3. Be it further enacted that any person who shall take shad fish from the waters of this State, for purpose of sale, without first procuring a license from the commissioner of game and fish as hereinafter provided, shall be guilty of a misdemeanor, and punished as hereinafter provided.
Sec. 4. Be it further enacted that the license as provided in the foregoing section shall be as follows: That persons having
1' a residence within this State and being citizen of the United
States shall pay a fee of one dollar such license and that citizens of other states residing outsi e of this State, and who take shad from the waters of this Sta for the purpose of sale shall first procure from the commissioner of game and fish of this State, a license, the fce for which shall be ten dollars, and
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that aliens, whether residents of this or other states, who engage in the taking of shad fish for the purpose of sale, from the waters of this State, shall first procure a license from the commissioner of game and fish of this State, the cost of which will be ten dollars, and that all licenses provided for in this section shall be good for the term of one year from the first of the month on which same was issued.
Sec. 5. Be it further enacted that any person who shall have in his possession or in any boat in or upon the waters of this State, of any net or other device for the purpose of taking shad fish during such time as the law prohibits the taking of such fish by such devices, that the possession of such nets or equipment shall be prima facie evidence of the person having in his possession such nets and equipment being guilty of taking such shad in violation of law and shall upon conviction be punished as hereinafter provided.
Sec. 6. Be it further enacted that any person violating any of the foregoing provisions of this Act, shall, upon conviction, be fined not less than ten dollars and all costs in each case, or more than one hundred dollars and all cost in each case, or shall serve upon the public works of the county in which convicted for the term of not less than thirty days or more than ninety days.
Sec. 7. Be it further enacted that.alllaws and parts of laws in conflict with this Act be and the same are hereby repealed.
Above Act Approved August 17, 1918. LICENSE FEE CHANGED BY HOUSE BILL NO. 267, APPROVED AUGUST 19, 1919.
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OYSTERS
Sec. 615. If any person shall prick, tong, dredge, or in any manner take or catch oysters from any of the waters of this State, except from private beds, from the first of May to the thirty-first day of August, inclusive, except for the purpose ~f replanting the same in this State; or shall take them for any purpose during any season from one hour after sunset on Saturdays until one hour before sunrise on the succeeding Mondays, he shall be guilty of a misdemeanor. .
Sec. 616. If any person shall '~rough" take or catch oysters from any of the public beds within the waters of this State, unless the same shall be culled over the beds from which they may be taken, except when the weather is such as to render it dangerous to remain at the beds, he shall be guilty of a mis demeanor. This section shall not apply to the taking of oysters for the purpose of replanting the same in any of the waters of this State.
Sec. 617. If any person shall, without the authority from the owner, take or catch any oysters from any private bed, ,01' remove or deface any oyster-marks, he shall be guilty of a misdemeanor.
Sec. 618. If any person shall take or catch oysters by the use of any other instrument than the oyster tongs heretofore in general use for taking oysters within the waters less than one thousand feet distant from the shore-line at ordinary mean low tide, he shall be guilty of a misdemeanor.
Sec. 619. The foregoing section does not apply to oysters tak en by any means from private beds by the owner or Ie see thereof. Nor does it apply to oysters taken from unleased territory within said limits for the purposes of transplanting to other beds in this State, with the consent and approval of the ordinary and board of county commissioners, as provided.by law.
Sec. 620. If any person, corporation, or agents thereof, who are engaged in any other state in the business of shipping or canning oysters, shall procure oyster-beds in this State, it shall be a misdemeanor.
Sec. 621. If any person shall tong or catch oysters between sunset and sunrise, unless an obstructed light, six feet above the gunwale be carried on board the boat used for such purpose, he shall be guilty of a misdemeanor.
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SALT WATER FISH LAWS
"An Act for the protection and propagation of fish, shrimp, prawn, oysters, turtles, terrapins, and other crustaceans in this State; providing how the same may be taken and caught from the salt waters of this State; providing for a license for the taking and catching of the same; the appointment of special inspectors to enforce the provisions of this Act, prescribing their duties, and to provide penalties for a violation of this Act, and for other purpo es."
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That, from and after the passage of this Act, all of thc beds of salt waters, bays, rivers, estuaries, and shores of the sea, and the waters overlying the same, within this State and not already conveyed by pecial grant or compact, according to law, shall continue and remain the property of the State of Georgia, and subject to the special provisions of this Act may be used in common by the people of this State for the purpose of fi hing, taking and catching oysters, shrimp, prawn, turtles, terrapins and other shell fish, and no grant shall hereafter be issued by the county authorities in any county in this State to pass any estate, title or interest of the State in or to any natural oyster bed, rock or hoal, whether the aid bed. rock or shoal shall be bare or not, except on compliance with the provisions of this Act.
Sec. 2. Be it further enacted by the authority aforesaid, That after the passage of this Act, so far as the authority of the said State shall extend, oysters, shrimp, prawn, turtles and terrapins, and other crustaceans, found in the salt waters of this State, suitable for food, shall be considered fish, and it shall be the duty of the Department of Game and Fish, as established by the Act of August 21st, 1911, to enforce the laws of the State of Georgia for the protection of the same.
Sec. 3. Be it further enacted by the authority aforesaid, That after the passage of this Act the said game and fish commissioner shall have authority to employ not exceeding three inspectors to carry into effect the provisions of the laws of this State for the protection of game and fish; said inspectors shall receive salaries not exceeding one hundred dollars ($100.00) per month, as may be ordered by the commissioner. They shall take oath and give bond in the sum of one thousand dollars
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($1,000.00) for the faithful performance of their du1ies. These inspectors shall have authority to carry out the porvisions of this Act, and to arrest persons violating the provisions thereof, or of any of the laws of said State covering the protection of game and fish.
Sec. 4. Be it further enacted by the authority afore aid, That the state game and fish commissioner shall have authority to purchase or lease launches for the use of the inspectors, while in active service of the department, and for carrying out the provision of thi. Act. aid tate game and fish commi ioner is hereby empowered and directed to employ such other help as he may deem necessary in carrying out the provisions of this Act and the other laws of the State for the protection of game and fish. Compensation for such services to be paid out of the funds derived for the protection of game and fish.
Sec. 5. Be it further enacted, That all boats and vessels engaged in taking oysters for purpose of sale from any of the beds in this State, whether the same be private or public beds, shall before beginning operation, first secure a license from the said commissioner of game and fish, and for this purpose the owner, captain or agent of said vessel must present in writing an application setting forth the name and description of said vessel, the name and postoffice address of th'e owner and captain, the number of the crew, and such further data as the commissioner hall deem necessary, and thereupon said commissioner shall register said ve el and issue necessary license, upon payment of the cost thereof. All licenses shall be graduated according to the oyster carrying capacity of each boat or ve el, and shall be as follows:
A license tax of one dollar per ton or fraction of a ton is hereby levied on each such vessel or boat of five tons or over net register. On all other such boats propelled by sail or power, a license tax of five dollars for each boat is hereby levied, and on all uch skiffs, batteanx, and other boats not propelled by sail or power, a license tax of three dollars is hereby levied.
License shall be issued by the commissioner on blanks provided for that purpose.
The ,owner of any such ve sel desiring to c'atch or take oysters under the provisions of this Act shall first obtain from the commissioner of game an] fi h a license for said boat, and said license shall have effect for twelve months from the first day of the month in which it i issued, and no vessels shall be used for catching and fi hing for oy tel'S in the waters of this State, unless 0 licensed. Each license shall state the name of the applicant the name of the vessel, and the license, under the
15

provisions of this Act, shall not be used except upon vessels so so mentioned in said license. Said Commissioner shall have the right to use and expend the moneys received, under the provision of this Act, for carrying out the provisions of this Act so far as such expenditure may be necessary, and the residue, 'if any, hall, from time to time, be paid into the treasury of the State, to be ~pplied as other surplus funds in the game and fish department under existing laws.
Sec. 6. Be it further enacted by the authority aforesaid, That it shall be unlawful for any person, except owners and their authorized agents and employ~es, to take, catch or tong oysters, from any of the private or public beds of this State between sunset and sunrise. Any person violating the provisions of this ection shall be guilty of a misdemeanor.
Sec. 7. Be it further enacted by the authority of the aforesaid, That from and after the passage of this Act, it shall be unlawful to take or to catch any fish, within the definition of that term as in this Act expressed, from any of the salt waters of this State, by the u e of any device whatever between the first day of May and the first day of August of each year. Provided, that the foregoing penal provisions shall not be construed to prohibit the taking, by any person, of such fish, with a cast net or hook and line, nor shall it apply to or prohibit the use of hand-drawn seine not more than thil'ty-feet in length, when u ed in catching prawn and shrimp for bait, or other fish to be sold in local retail trade by the persons taking the same, or to be used for the personal consumption of the fisherman. or shall the same apply to the taking of crab .
Sec. . It hall be unlawful for any person to catch or take any of the above mentioned fish for commercial purposes from the salt water of this State, ,vithin the time above mentioned, otherwise, without first obtaining a license from the commissioner of game and fish, as hereinafter provided. Any person d iring to catch or take any such fish from the salt waters of this State, except in the manner as aforesaid, shall first obtain from the commissioner of game and fish a license therefor; said licen e shall have effect for twelve months from the first day of the month in which it is issued. The fee for uch 'license, shall be one dolla~ per ton or fraction of a ton on each boat or vessel of five tons or over net register. On all boats propelled by sailor power, the same being under five tons net register, a licen e tax of five dollars for each such boat is hereby levied, and on all such skiffs, batteaux and other boats not propelled by ail or power a license tax of three dollars on all such boats is hereby levied.
. Sec. 9. Be it further enacted by the authority aforesaid, That the commissioner of game and fish shall grant no license
16

to any boat to from' the waters

catch or take fish of this State unless

itnheanoywnmeranonr elre~weheaotsfoseuvcehr

boat be a citizen of this State; but such owner or lessee can hire

non-residents or aliens properly licensed to catch 0'1' take fish

in boats, owned or operated by him. Such aliens or no~

residents may be hired either for wages or on shares.

Sec. 10. Be it further enac.ted by the authority of the aforesaid, That the expense of salaries of the inspectors, or any other expense authorized to be incurred, shall be paid out of the fund arising from the operation of the game and fish laws of this State, and that any residue, if any, shall be turned into the State Treasury from time to time to be applied as other surplus funds in the game and fish department under existing lawS. The commissioner o game and fish shall have authority to provide such rules and regulations as may be needful in carrying into effect the game and fish laws of this State, provided, that same be not inconsistent with the laws of this State. The rob-
bing or breaking up of the turtle and of terrapin ne t, or destroying of the eggs of the same, or the turning over of turtles and allowing them to remain so turned is forbidden, and any
person guilty of the same shall be punished as for a misdemeanor.

Sec. 11. Be it further enacted by the, authority aforesaid, That any person violating any of the provisions of this Act shall be guilty of a misdemeanor.

Sec. 12. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act, and all laws prohibiting the taking of salt water fish at any other season of the year than as herein expressed be, and the same are, hereby repealed.

Approved November 27, 1915.

17

INSIDE SALT WATER ACT
HOUSE BILL 267.
An Act to prohibit the use of trawl nets, purse nets or other nets, except hand drawn nets, in the inside salt waters; to define outside salt waters and inside salt waters j to provide for a uniform license for boats and salt water commercial fishermen; to provide for a non-resident license for commercial fishermen and boats; to provide a penalty for violation of same, and for other purposes.
Section 1. Be it ena0ted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the use of trawl nets and purse nets and all other nets of every description, except hand drawn nets, in the inside salt waters of this State, for the purpose of taking fish therefrom, be and the same are hereby prohibited, and the operation of all nets, except hand drawn nets, shall bc confined to outside salt waters. " Outside salt waters" are defined as those waters from the outermost parts of the coa t line to the limit of the three mile jurisdiction, and embrace that part of the Atlantic Ocean under the jurisdiction of the State of Georgia, and all sounds upon the Atlantic Ocean which have a direct outlet to the ocean shall be deemed and held, for the purpo e of this Act, as outside salt wateM. Inside salt waters embrace all the waters not included in the outside salt water, and include all the alt water rivel , estuarie and creeks. For the purpose of this Act boundaries for sounds as described above shall be held to be the same as in the United States Geodetic Survey, known as Bulletin No. 19, and recognized heretofore by a resolution of the General Assembly of the State of Georgia. In all questions of boundaries this chart shall be recognized as authority for the Game and Fish Department of this State.
Sec. 2. Be it further enacted, That any person desiring to take or catch fish from the alt waters of this State for commercial purposes shall first obtain from the Game and Fish Commission a license therefor and said license shall have effect for the remainder of the calendar year in which i sued. The fee for such individual license for a resident of the State of Georgia shall be two dollars, and for a non-resident or an alien this fee shall be ten dollars. Said license shall contain the name and post-office, address, height, weight, and race of the fisherman, and shall be issued either by the Department of Game and Fish
18

-.
or by the Coast Inspector in the district in which saiq fisherman in located.
Sec. 3. Be it further enacted, That the following uniform system of licenses for boats in this State shall be est~blished and shall be in lieu of all licenses heretofore charged. That no boat shall engage in commercial fishing in this State without being provided with a license, and shall take no individual fisherman upon said boat unless said fisherman be duly licensed. .A. license fee of five dollars shall be levied on all batteaux, and all boats propelled by sail or power of less than five tons shall pay a license fee of ten dollars; all boats of over five tons shall pay a license fee of two dollars per ton or fraction of a ton thereof. The owner of any vessel desiring to take or catch fish under the provisions of this Act shall fir t obtain from the Commis ioner of Game and Fish a license for said boat; said license shall have effect for twelve months from the first day of the month in which it is issued, and no vessel shall be used for catching fish in the waters of this State, unless so licensed. Each license shall state the name of the applicant, the name of the vessel, and the license, under the provisions of this Act, shall not be used except upon vessels so mentioned in said license. Said commi sioner shall have the right to u e and expend the moneys received, under the provisions of thi Act, for carrying out the provisions of the same, so far as such expenditures may be necessary, and the residue, if any, shall be paid into the Treasury of the State of Georgia, to be applied as other funds of the Game and Fish Department under existing laws.
Sec. 4. Be it further enacted, That if any person not a citizen of this State shall desire to catch or take fish from any of the waters of this State he shall pay an additional tax of ten dollars, non-resident license on his boat and the non-re ident fisherman license of ten dollars on each fisherman so employed. If any citizen of the State of Georgia employs non-resident or alien fishermen, said fishermen hall pay a non-resident license of ten dollars each, license to be issued in the manner heretofore de cribed.
Sec. 5. Be it further enacted, That after the passage of this Act, 0 far as the autthority of the State hall extend, oyster , clams, and other fish, crabs, shrimp, prawn, turtles and terrapins and other crustaceans,' found in the said waters of this State, suitable for food, shall be considered fish.
Sec. 6. Be it further enacted by the authority aforesaid, That any person violating any of the provisions of this Act shall be guilty of a misdemeanor, and upon conviction shall be fined not less than twenty-five dollars nor more than one hundred dollars and costs or to serve upon the public works of the county
19

in which convicted for not less than ten days nor m()re than thirty days. Said fines to be distributed as are other fines under the :fish and game laws.
Sec. 7. Be it further enacted, That all laws and parts of laws in conflict with this Act, and all laws prohibiting the taking of salt water :fish than as herein expressed, be and the same are . hereby repealed.
Approved August 19, 1919.
20

PROTECTION OF ISLANDS I
An Act for the protecti~n of islands situated within the State of Georgia, which are now, or will hereafter, be used or maintained in whole or part as game or fish preserves, and the owners of such islands as herein provided.
Section 1. Be it enaoted by the General Assembly of the State of Georgia, That from and after the passage of this Act, any persons who shall fish or hunt in any of the creeks, streams, or estuaries of this State leading from the ocean, sounds, rivers or bays of this State, surrounding the several islands in this State, which islands are now or will hereafter, be used or maintained in whole or part as game preserves, whether such game preserves be known as public or private preserves, when such creek, stream or estuary leads into such land, or shall enter such creek, stream or estuary for the purpose of hunting or fishing therein without the consent of the owner or resident coutodians of such islands, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished as is provided in Section 1065 of the Penal Code of Georgia.
Provided, That thi Act shall be held to apply only to a salt
. water creek, stream or estuary that enters and ends in an island
owned in its entirety by a single ownership, family or estate.
Sec. 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
SAWDUST FLOATI G I TO STREAMS, PROHIBITED:
An Act to prohibit the floating of saw dust into any of the streams of this State, and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall be unlawful to float sawdust into any of the streams of this State.
Sec. 2. Be it further enacted, That any person or persons or corporations violating the provisions of Section 1 {)f this Act be punished as for a misdemeanor.
Sec. 3. Be it further enacted, That this Act shall not go into effect in any county until it has been recommended by two grand juries of the county.
Sec. 4. Be it furtber enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.
Approved. August 19th, 1911.
21

LICENSE REQUIRED AND CONSENT NECESSARY
TO HUNT AND KILL ANY KIND OR CHARACTER OF GAME
The Court of Appeals decided the general debated question as to whether license and consent are necessary to hunt animals not classified as game animals. In the case of Blassingame VS. State from the City Court of Madison, the Court says:
'1. The primary purpo e of the Act of 1911 (Acts of 1911, p. 137), is the preservation of the game specified in the Act. As incidental to that purpose Section 7 of that act makes it unlawful for any person to hunt not only the game enumerated in the Act but any game or other animals not enumerated, either with or without license, upon the land of another without first obtaining the consent of the land owner," "This Court holds that no kind or character of game, whether designated by the act or not, can be hunted without complying with the requirements as to license, and without first obtaining the permission of the land owner." "The other exception is 'persons following hounds in pursuit of foxe or deer, or any other animal not mentioned in this Act'; and this 'Simply means that where a hunter is lawfully hunting upon the lands of another with permission, and, in so hunting, the hounds find, upon the lands upon which he has permission to hunt, foxes, deer, or any other animal not mentioned in this act, and the game is pursued by the hounds, he may follow the hound in pursuit onto the land upon which he has no permission to hunt."
FUR TRAPPING. Fur trapping or the sale of furs are not interfered with except that trapping is considered hunting and the trapper required to pay a hunter's license and to have the consent of the land owner.
22

DECISIONS OF COURTS

HAM WND V. THE STATE.

3813

10 Ga., Page 143.

1. In the construction of general and special acts, the maxim "generalia specialibus non derogant" applies, and a general act will be held to repeal or modify a special act embraced within the terms of the general act only when the provision of the two acts are clearly repugnant and irreconcilable, or where the provisions of the general act manifest that it was the intention of the legislature to enact a general law on the subject-matter which should be exhaustive and a substitute for every prior general, local, and special law relating to the subject-matter.

2. The general law on the subject of the protection of game

in this State, approved August 21, 1911, (Acts 1911, p. 137),

was intended by the legislature to be exhaustive of the subject,

and was intended to repeal all existing general, special, or local

laws on the same subject-matter.

I

Decided November 20, 1911.

ALLEN VS. STATE.

3943

11 Ga., Page 75.

1. In the exercise of the police pow.er of the State, the legislature may prohibit the killing of wild game or any traffic or commerce in it, if deemed necessary for its preservation or protection, or for the public good, and to accomplish this end, may make it criminal for any person to sell or offer for sale any of such game, or to have in possession any such game during the closed season, whether the game which he sells or offers for sale, or has in his possession, was killed or taken within or without the State.
2. Under the terms of the act of 1911, commonly known as the" game law" (Acts 1911, p. 137) it is unlawful to purchase or sell, or offer for sale in this State at any time any of the game protected by the prohibitory section of the act, or to have in possession any of such game during the closed season specified in the act, without regard to where it was killed or taken, whether within or without the State. The legislature

23

intended by the explicit and broad provisions of the statute, to insure the preservation and protection of the game there specifued within this State, by making the act of selling it or offer ing it for sale, or having it in possession during the closed season, specific offenses, whether the game was killed or captured within the limits of the State or elsewhere.
Decided April 16, 1912.

(11th Georgia App. P. 809.)

The Court of Appeals has decided the generally debated question as to whether license and consent are necessary to hunt animals not classified a game animals. In the case of Blassingame vs. State from the City Court of Madison:

"1. The primary purpose 'of the Act of 1911 (Acts of 1911, p. 137), s the preservation of the game specified in the act. As incidental to that purpose. Section 7 of that act makes it unlawful for any person to hunt not only the game enUlIlerated in the act, but any game or other animals not enu.merated, either with or without a license, upon the land 1)f another without :fir t obtaining the consent of the land
owner. " "This court holds that no kind Qr -character of game, whether designated by the act or not, can be hunted without complying with the requirements as to license, and without first obtaining the permission of the
land owner." "The other exceptions is 'person following hounds in pursuit of foxes or deer, or any other animal not mentioned in this Act'; and thi simply means that where a hunter is lawfully hunting upon the lands of another with permi ion, and, in so hunting, the hounds find, upon the lands upon which he has permi sion to hunt, foxes, deer, or any other animal not mentioned in thi act, and the game is pursued by the hounds, he may follow the hounds in pursuit on to land upon which he has no permi sion

to hunt." ROBI SO V. THE STATE.

4161

11 Ga., Page 847.

To shoot at any of the game specified in the Act of 1911,

(Act 1911, p. 137), during the closed season designated there" in, is a violation of its terms which make it a penal offense to hunt, kill or destroy by any means whatever between the dates stated, any of the game mentioned in the act. An instruction to the effect that hooting, or shooting at, any of the protected game was hunting such game, within the purview of

24

the act and the legislative intent relating thereto, was not erroneous.
Decided July 10, 1912.

BOLTON V. THE STATE.

4571

12 Ga., Page 358.

Hill, C. J. Section 612 of the Penal Code is as follow.. : "If any person shall catch or take any fish with seine, net, gig, or spear, or like device from any of the waters of this State, between the first day of February and the first day of July in each year, except with hook and line, he shall be guilty of a misdemeanor." The accusation against the plaintiff in error alleged that he "did on the 20th day of 'lay, 1912, in county aforesaid, unlawfully and with force and arms catch and take fish from the waters of Flint river, with a basket commonly called a fish basket, contrary to the law of said State," etc. A demurrer was filed, setting up that no offense was described in the accusation, and that it did not show, with the certainty required by law, "the means of in trument with which the accused is charged with catching and taking fish," and that it failed to allege that the taking of the fish was in the closed season. The demurrer was properly overruled. (a) The allegation that the criminal act was committed on the 20th day of May, 1912, was sufficient to charge that it was within the clo ed eason the clo ed eason fixed by the tatute being the period extending from the first day of February to the first day of July. (b) It was not necessary to allege that the "fish basket" used by the ac.cused was a device like a II seine, net, gig, or spear," for, whether a "like device" or not, the statute expressly says that between the dates specified no fish shall be caught or taken from any of the waters of this State, "except with hook and line." Judgment affirmed.

Decided Febuary 18, 1913.

ROBINSO V. THE STATE.

4760

12 Ga. PaO'e 683.

Pottle, J. 1. The primary purpose of the act approved August 21 1911, (Acts 1911, p. 137), i the preservation of game and fi h; but, a incidental to this purpose, it is by Section 7 of the act made a mi demeanor to "hunt or fish upon the lands of another, with or without a licen e, without fir t having obtained permis ion from such landowner." Consent of the

25

land owner is in all ca es an essential condition precedent to the right to hunt or fish in his lands. Blassingame v. State, 11 Ga. App. 809. (76 S. E. 32).
2. One who fishes upon the lands of another without his consent is guilty of a misdemeanor, without reference to the <lharacter of the water from which the fish are taken. Hence, one who enters upon the land of another without his consent, and while thereon takes fish from a navigable stream upon whicu the land abuts, is guilty of a violation of the Act of 1911.
3. It is not decided whether the Ochlochnee River is a navigable stream in Thomas County within the meaning of Section 36?1 of the Civil Code. Judgment affiirmed.
Decided May 6, 1913

ORDER OF POSTMASTER GENERAL
EXCLUDING GAME FROM PARCELS POST.

Order No. 7734.

Office of the Postmaster General, Washington, Dec. 23, 1913.

The Postal Laws and Regulations, edition of 1913, are amended by the addition of the following as Section 477%:

Sec. 4770. Postmasters shall not accept for mailing any parcel containing the dead bodies, or parts thereof, of any wild animals or birds which have been killed or are offered for shipment in violation of the laws of the State, Territory or District in which the same were killed or offered for shipment: P1'ovided, howevef', That the foregoing shall not be construed to prevent the acceptance for mailing of any dead animals or birds killed during the season when the same may be lawfully captured, and the export or transportation of which is not prohibited by the law in the State, Territory, or District in which the same are captured or killed.
2. Parcels containing the dead bodies of any game animals, or parts thereof, including furs, skins, skulls or meat, or any game or wild birds, or parts thereof, including skins, or plumage, may be admitted to the mails only when plainly marked on the outside to show the actual nature of the contents and the name and address of the sender or shipper: P1'ovided, however, That no parcel containing fresh game in any form may be accepted for transmission beyond the second zone. (See Sec. 475.)

26

3. Postmasters desiring additional information on t)lis subject should address the Third .Assistant Postmaster General, Division of ClaSl'lification.
NOTE.-Sections 242, 243 and 244, .Act of March 4, 1909, 35 Stat. 1137, make it unlawful to ship in inteI tate commerce the dead bodies, or parts thereof of any game animals or wild bird" which have been killed or shipped in violation of the laws of the State, Territory, or District in which the same were killed, or from which they were shipped.
.A. S. BURLESON, Postmaster General.
27

THE FOLLOWING REGULATIONS ARE AS APPROVED AND PROMULGATED BY THE PRESIDENT, JULY 31, 1918, AND AS AMENDED OCTOBER 25, 1918, AND JULY 28, 1919.
MIGRATORY BIRD TREATY A~ REGULATIONS.
Regulation I.-Definitions of Migratory Birds.
Migratory birds, included in the term of the convention between the United States and Great Britain for the protection of migratory birds, concluded August 16,1916, are as follows:
1. Migratory game birds: (a) Anatidae, or waterfowl, including brant, wild duck, geese and swans. (b) Gruidae, or cranes, including little brown, sandhill, and whooping cranes. (c) Rallidae, or rails, including coots, gallinules, and sora and other rails. (d) Limicolae, or shorebirds, including avocets, curlews, dowitchers, godwits, knots, oyster catchers, phalaropes, plovers, sandpipers, snipe, stilts, surf birds, turnstones, willett, woodcock, and yellow legs. (e) Columbidae, or pigeons, including doves and wild pigeons.
2. Egratory insectivorous birds: Bobolinks, catbirds, chickadees, cockoos, flickers, flycatchers, grosbeaks, hummingbirds, kinglets, martins, meadowlarks, nighthawks or bull-bats, nuthatchers, orioles, robins, shrikes, swallows, swifts, tanagers, titmice, thrushes, viroes, warblers, waxwings, whip-poor-wills, woodpeckers, and wrens, and all other perching birds which feed entirely or chiefly on insects.
3. Other migratory non-game birds: Auks, auklets, bitterns, fulmars, gannets, grebes, guillemots, gulls, herons, jaegers, loons, murres petrels, puffins, shearwaters, and tearns.
Regulation 2.-Definition of Terms.
For the purpose of these regulations the following terms shall be construed, respectively, to mean-
SECRETARY.-The Secretary of Agriculture of the United States.
28

\
PERSON.-The plural or the singular as the case demands,
including individuals, associations, partnerships, and~ corporations, unleBB the context otherwise requires.
TAKE.-The pursuit, hunting, capture, or killing of migratory birds in the manner and by the means specifically permitted.
OPEN SEASON.-The time during which migratory birds may be taken.
TRANSPORT.-Shipping, transporting, carrying, or exporting, receiving or delivering for shipment, transportation, carriage, or export.
Regulation 3.-Means by Which Migratory Game Birds May be Taken.
The migratory game birds specified in Regulation 4 hereof may be taken during the open season with a gun only, not larger than number 10 gauge, fired from the shoulder, except as specifically permitted by Regulations 7, 8, 9, and 10 hereof j they may be taken during the open season from the land and water, from a blind or floating device (other than an airplane, powerboat, sailboat, any boat under sail, or any floating device towed by power boat or sailboat), with the aid of a dog, and the use of decoys.
(As amended. July 28, 1919).
Regulation 4.-0pen Seasons on and POBBession of Certain Migratory Game Birds.
For the purpose of this regulation, each period of time herein prescribed as an open season shall be construed to include the first and last days thereof.
Waterfowl (except wood duck, eider ducks, and swans) rails, coot, gallinules, blackbellied and golden plovers, greater and lesser yellow legs, woodcocks, Wilson snipe, or jacksnipe, and mourning and white-winged doves may be taken each day from half an hour before sunrise to sunset during the open seasons prescribed therefor in this regulation, by the means and in the numbers permitted by Regulations 3 and 5 hereof, respectively, and when so taken, each species may be possessed any day during the respective open seasons herein prescribed therefor and for an additional period of 10 days next succeeding said open season.
Waterfowl (except wood duck, eider ducks, and swans), coot, gallinules, and Wilson snipe or jacksnipe).-The open season for waterfowl (except wood duck, eider ducks and swans), coots, gallinules, and Wilson snipe or jacksnipe shall be as follows:
29

In Maine, New Hampshire, Vermont, Massachusetts, New York (except Long Island), Pennsylvania, Ohio, West Virginia, Kentucky, Indiana, Michigan, Wisconsin, Illinois, Minnesota, Iowa, Missouri, North Dakota, South Dakota, Nebraska, Kansas, Colorado, Wyoming, Montana, Idaho, Nevada, and that portion of Oregon and Washington lying east of the summit of the Cascade Mountains the open season shall be from September 16th to December 31;
In Rhode Island, Connecticut, Utah, and that portion of Oregon and Washington lying west of the summit of the Cascade Mountains the open season shall be from October 1 to January 15;
In that portion of New York known as Long Island, and in New Jersey, Delaware, Oklahoma, Texas, New Mexico, Arizon and California the open season shall be from October 16th to January 31st;
In Maryland, the District of Columbia, Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Tennes ee, Arkansas and Louisiana the open season shall be from November 1 to January 31; and
In Alaska the season shall be from September 1 to December 15.
Rails (except coot and gallinule) .-The open season for sora and other rails (except coot and gallinules) shall be from September 1 to November 30th, except as follows:
In Loui iana the open season shall be from November 1 to January 31.
BlackbellJied and Golden Plovers and Greater and Lesser Yellowlegs.-The open seasons for blackbellied, and golden plovers and greater and lesser yellowlegs shall be as follows:
In Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Delaware, Maryland, and Virginia the open season shall be from August 16 to November 30;
In The District of Columbia, North Carolina, South Carolina, Tennessee, Arkansas, Oklahoma, Texas, New Mexico, Arizona, California, and Alaska the open season shall be from September 1 to December 15;
In Vermont, Pennsylvania, Ohio, West Virginia, Kentucky, Indiana, Michigan, Wisconsin, Illinois, Missouri, Iowa, 1\linnesota, North Dakota, South Dakota, Nebraska. Kansas, Colorado, Wyoming, Montana, Idaho, Nevada, and that portion of Oregon and Washington lying east of the summit of the Cascade Mountains the open season shall be from September 16 to December 31;
30

In Utah and in that portion of Oregon and Washington lying west of the summit of the Cascade Mountains the ope.h season shall be from October 1 to January 15; and
In Georgia, Florida, Alabama, Mississippi, and Louisiana the open season shall be from November 1 to January 31.
Woodcock.-The open season for woodcock shall be as follows: In Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, ew York, ew Jer ey, Pennsylvania, Ohio, West Virginia, Kentucky, Indiana, Michigan, Wisconsin, illinois.. Missouri, Iowa, Minnesota, North Dakota, South Dakota, Nebraska, and Kansas the opEn season shall be from October 1 to November 30; and In Delaware, the District of Columbia, Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Tennessee, Arkansas, Louisiana, Texas and Oklahoma the open season shall be from November 1 to December 31.
Doves.-The open season for mourning doves shall be as follows:
In Delaware, Maryland, Virginia, Tennessee, Kentucky, Ohio, Indiana, illinois, Nebraska, Kan as, fissouri, Arkansas, Oklahoma, Texas, New Mexico, Colorado, Utah, Arizona, California, Nevada, Idaho, and Oregon the open season shall be from September 1 to December 15;
In orth Carolina, Mi iSs'lppi, and Louisiana the open eason shall be from September 16 to December 31; and
In South Carolina, Georgia, Florida, and Alabama the open season shall be from October 16 to January 31.
(As amended October 25, 1918, and July 28, 1919). Regulation 5.-Bag Limits on Certain iigratory Game Birds.
A person may take in anyone day during the open sea ous prescribed therefor in regulation 4 not to exceed the followiug numbers of migratory game birds:
I
Ducks (except wood duck and eider duck) .-Twenty-five in the a~,egate of all kinds.
Geese.-Eight in the aggregate of all kinds.
Brant.-Eight.
Rails, Coot, and Gallinules (except sora).-Twenty-five in the aggregate of all kinds.
Sora.-Fifty.
Blackbellied and Golden Plovers and Greater and Lesser Yellowlegs.-Fifteen in the aggregate of all kinds.
31

Wilscm Snipe, or Jacksnipe.-Twenty-five.
Wood Cock.-Six.
Doves (mourning).-Twenty-five.
(As amended October 25, 1918, and July 28, 1919).
Regulation 6.-Shipment and Transportation of Certain Migratory Game Birds.
Waterfowl (except wood duck, eider ducks and swans), rails, coots, gallinules, blackbellied and golden plovers, greater and lesser yellowlegs, woodcock, Wilson snipe or jacksnipe, and mourning and whitewinged doves and parts thereof legally taken may be transported in or out of the State where taken during the respective open seasons in that State, and may be imported from Canada during the open season in the province where taken, in any manner, but not more than the number thereof that may be taken in two days by one person under these regulations shall be transported by one person in one calendar week out of the State where taken; any such migratory game birds or parts thereof in transit during the open season may continue in transit such additional time immediately succeeding such open season, not to exceed five days, necessary to deliver the same to their destination; and any package in which migratory game birds or parts thereof are transPC\l'ted shall have the name and address of the shipper and of the consignee and an accurate statement of the numbers and kinds of birds contained therein clearly and conspicuously marked on the outside thereof; but no such birds shall be transported from any State, Territory or District to or through another State, Territory, or District, or to or through a Province of the Dominion of Canada contrary to the laws of the State, Territory or District or Province of the Dominion of Canada in which they were taken or from which they are transported; nor shall any such bird be transported into any State, Territory, or District, from another tate. Territory, or District, or from any State, Territory, or Di trict into any Province of the Dominion of Canada at a tim~ when such State Territory or District, or Province of the Dominion of Canada prohibits the posse sion or transportation thereof.
(As amended October 25, 1918).
Regulation 7.-Taking of Certain Migratory or Non-Game Birds by Eskimos and Indians in Alaska.
In Alaska Eskimos and Indians may take for the use of themselves and their immediate families, in any manner and at any time, and possess and transport auks, auklets, guillemots murres. and puffins and their eggs for food, and their skins for clothing.
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Regulation 8.-Permits to Propagate and Sell Migratory Wi terfowl.
1. A person may take in any manner and at any time migratory waterfowl and their eggs for propagation purposes when authorized by a permit issued by the Secretary. Waterfowl and their eggs so taken may be possessed by the permittee and may be sold and transported by him for propagating purposes to any person holding a permit issued by the Secretary in accordance with the provisions of this regulation.
2. A person authorized by a permit issued by the Secretary may possess, buy, sell, and transport migratory waterfowl and their increase and eggs in any manner and at any time for propagating purposes' and migratory waterfowls, except the birds taken under paragraph 1 of this regulation, so possessed may be killed by him at anytime, in any manner, except that'they may be killed by shooting only during the open season for waterfowl in the State where taken, and the unplucked carcasses and the plucked carcasses, with heads and feet attached thereto, of the birds so killed may be old and transported by him in any manner and at any time to any person for actual consumption, or to the keeper of a hotel, restaurant, or boarding house, retail dealer in meat or game, or a club, for sale or service to their patrons, who may possess such carcasses for actual consumption without a permit, but after midnight of March 31, ] 919, no migratory waterfowl killed by shooting shall be bought or sold unless each bird before attaining the age of four weeks shall have had removed from the web of one foot a portion thereof in the form of a "V" large enough to make a permanent well defined mark which shall be sufficient to identify them as birds raised in domestication under a permit.
3. Any package in which waterfowl or parts thereof or their eggs are transported shall have plainly and conspicuously marked on the outside thereof the name and address of the permittee, the number of his permit, the name and address of the con ignee, and an accurate statement of the number and kinds of birds or egg contained therein.
4. Applications for permits must be addressed to the Secretary of Agriculture, Wa hington, D. C.. and must contain the following information: ame and address of applicant; place where the busine s is to be carried on; number of acres of land used in the business and whether owned or leased by the applicant; number of each species of waterfowl in possession of applicant; names of specie and number of birds or eggs of each species if permis ion is asked to take waterfowl or their eggs; and the particular locality where it is desired to take such waterfowl or eggs.
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r
5. A person granted a permit under this regulation shall keep books and records which shall correctly set forth the total number of each species of waterfowl and their eggs possessed on the date of application for the permit and on the first day of January next following; also for the calendar year for which permit was issued the total number of species reared and killed, number of each species and their eggs sold and transported, manner in which such waterfowl and eggs were transported, name and address from or to whom waterfowl or eggs were purchased or sold, together with number and species and whether sold alive or dead; and the date of each transaction. A written report correctly setting forth this information shall be furnished the Secretary during the month of January next following the issuance of the permit.
6. A permittee shall at all reasonable hours allow any authorized employee of the United States Department of Agriculture to enter and inspect the premises where operations are being carried on under this regulation and to inspect the books and records of such permittee relating thereto.
7. Permits issued under this regulation shall be valid only during the calendar year of issue, shall not be transferable, and may be revoked by the Secretary, if the permittee violates any of the provisions of the Migratory Bird Treaty Act or of the regulations thereunder.
8. A person engaged in the propagation of migratory waterfowl on the date on which these regulations become effective will be allowed until September 30, 1918, to apply for the permit required by this regulation, but he shall not take any migratory waterfowl without a permit.
(As amended October 25, 1918).
Regulation 9.-Permits to Collect Migratory Birds for Scientific Purposes.
A person may take, in any manner and at any time migratory birds and their nests and eggs for scientific purposes when authorized by a permit issued by the Secretary, which permit shall be carried on his person when he is collecting specimens thereunder and shall be exhibited to any person requesting to see the same.
Application for a permit must be addressed to the Secretary of Agriculture, Washington, D. C., and must contain the following information: Name and address of applicant, and name of State, Territory, or District in which specimens are proposed to be taken and the purpose for which they are intended. Each
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application shall be accompanied by certificates from two well known ornithologists that the applicant is a fit person to be entrusted with a permit.
The permit will authorize the holder thereof to po sess, buy sell, and transport in any manner and at anytime migratory bird, parts thereof, and their nests and eggs for scientific purposes. Public museums, zoological parks and societies, and public scientific and educational in titutions may pos ess, buy, sell, and transport in any manner at anytime migratory birds and parts thereof, and their nests and eggs for scientific purposes without a permit, but no sp cimen shall be taken Wjt]lOUt cl permit. The plummage and skins of migratory game birds legally taken may be po e sed and tran ported by a per on without a permit.
A taxidermi. t when authorized by a permit i ued by the Secretary may pos s, buy, sell, and transport in any manner and at anytime migratory birds and parts thereof legally taken.
Permits hall be valid only during the calendar year of issue, shall not be transferable, and shall be revocable in the discretion of the Secretary. A person holding a permit shall report to the Secretary on or before January 10th following its expiration, the number of skin, nests, or eggs of each 'species collected, bought, sold, or transported.
Every package in which migratory birds or their nests or eggs are transported shall have clearly and conspicuously marked on the outside thereof the name and addre s of the ender, the number of the perniit, in every ca e when a permit i required. the name and addre of the con ignee, a statement that it contains specimens of birds, their nest,>, or eggs for scientific purposes, and, "'henever such a package i tran ported or offered for tl'an. portation from the Dominion of Canada into the nited States or from the nited tates into the Dominion of Canada, an accurate statement of the contents.
(A amended October 25, 1918).
Regulation 10.-Permits to Kill ]\figratory Birds Injurious to Property.
Whenever information is furnished the Secretary that any specie of'migratory bird has become, under extraordinary condition, eriou.ly injurious to agriculture or other interest in any particular community, an investigation will be made to determine the nature and extent of the injury, whether the birds alleged to be doing the damage, should be killed, and if so, during what time and by what means. Upon his determination an appropriate order will be made.
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Regulation n.-Sale of Migratory Game Birds Lawfully ~eld
in Cold Storage July 31, 1918.
A person authorized by a permit issued by the Secretary may posse s and may sell and transport until midnight of March 31, 1919, the carcasses of migratory game birds lawfully killed and by him lawfully held in cold storage on July 31, 1918, to any person for actual consumption, or to the keeper of a hotel, restaurant, or boarding house, retail dealer in meat or game, or a club, for sale or service to their patrons, who may possess such carcasses for actual consumption without a permit until midnight of April 5, 1919.
(Added by Proclamation of October 25, 1918).
Regulation 12.-State Laws for the Protection of Migratory Birds.
Nothing in these regulations shall be construed to permit the taking possession, sale, purchase, or transportation of migratory birds, their nests, or eggs contrary to the laws and regulations of any State, Territory, or District made for the purpose of giving further protection to migratory birds, their nests and eggs when such laws and regulations are not inconsistent with the convention between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916, or the migratory bird treaty act and do not extend the open season for such birds beyond the dates prescribed by these regulations.
(Added by Proclamation of October 25, 1918).
Under Federal Permit issued January 22, 19] 9, bobolinks can be killed in Georgia from August 1 'to December 1.
The sale of these birds is prohibited.

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