4^' IT^TE OF ^V^SHIlSrOTON 459 39 ^m T^j^^ws RELATING TO FISH, OYSTERS andGAME 1909 COMPILED BY JNO. L. RISELAND nSH COMMISSIONER AND GAME WARDEN INIDEXKD Oltmpia, Wash. ; E. L. BOARDMAN, Public Printkb. 1909. ST^TB OF AV^SHINGTON L^^v\^S RELATING TO FISH,OYSTERS^GAME 1909 COMPILED BY JNO. L. TUSELAND FISH COMMISSIONER AND GAME WARDEN INDEXED Olympia, Wash.; E. L. BoARDMAN. Public Printer. 1909. D. OF D. IAN 10 1910, PISH COMMISSIONER AND GAME WARDEN. 1. Appointment and Term of Fish Commissioner. There shall be appointed by the Governor, by and with the advice and consent of the Senate, one competent person who shall be denominated as Fish Commissioner, whose term of office shall continue four years from and after the first Monday in March after his appointment, and until his successor be appointed and qualified. (Laws 1890; 1 Bal. C, §3323; P. C, §5228). 2. Commissioner Sliail Give Bond. Before entering upon his duties said Fish Commissioner shall file ■svith the Secretary of State a bond, with five or more sufficient securities, and in the sum of five thousand dollars, conditioned that he will discharge his duties under this article faithfully. (Laws 1890; 1 Bal. C, §3324; P. C, §5229). 3 Appointment of Deputies — Term of Office. Said commissioner may appoint three deputies, to be known as deputy fish commissioners; they shall hold their offices, respectively, during the pleasure of the Fish Com- missioner, who may summarily remove any one of their number whenever, in his judgment, he shall deem such a change for any cause advisable. (Laws 1890; 1 Bal. C, §3325; P. C, §5230). 4- Commissioner and Deputies, Compensation of. That section six (6) of an act entitled "An act for the appointment of a fish commission, and defining its duties, 4 State of Washington and declaring an emergency to exist," be and the same is hereby amended to read as follows: , The Fish Commissioner shall receive an annual salary of two thousand four hundred dollars to be paid in monthly installments by the state treasurer, and he shall be allowed his actual expenses of travel in the performance of his duties not to exceed one thousand dollars in any one year. The deputies shall receive a salary of fifteen hundred dollars each per year to be paid in monthly installments by the state treasurer, and they shall be allowed their actual expenses of travel in the performance of their duties, not to exceed six hundred dollars per annum each. The general superintendent of hatcheries shall receive a salary of eighteen hundred dollars per annum to be paid in monthly installments, and he shall be allowed his actual expenses of travel in the performance of his duties not to exceed nine hundred dollars per annum. (Chapter 87, Laws 1907). 5. Instruction to Deputies — Bonds. Each deputy fish commissioner shall give bonds in the sum of two thousand dollars, conditioned on the faithful performance of their duties, respectively, such bonds to be subject to the approval of the Fish Commissioner. The Fish Commissioner shall issue to his deputies such gen- eral and special orders and instructions in the execution of their duties under the law as he shall deem necessary; and he shall assign one deputy to duty in the lower Puget Sound district, and one in the Columbia River district; the third deputy being assigned to office duty and shall be considered the oflfice deputy; but the above assignment shall not relieve any deputy from the performance of duty in any other part of the state when his services may be needed. (Law 1901, p. 271, §2; P. C. §5239). 6. Attorney General — May Assist Commissioner. The Fish Commissioner shall have authority to apply to the Attorney General for his official opinion upon any ques- Fish, Oyster and Game Laws 5 tion touching the construction and interpretation of the statutes, and the duties of the Fish Commissioner under the statutes for the protection of fish and oysters, wherein he shall need legal advice; and tlie Attorney General may, in his discretion, furnish from his office such official legal assistance as he may deem useful in the conduct of any suit brought by the Fish Commissioner, in pursuance of the provisions of the laws for the protection of fish and oysters. (Laws 1890; 1 Bal. C, §3333; P. C, §5240). 7. Expenses. All expenses incurred under the provisions of this arti- cle shall be audited by the State Auditor, upon bills being presented, properly certified by the Fish Commissioner, and the said auditor shall, from time to time, draw war- rants upon the State Treasurer for the amount. (Laws 1890; 1 Bal. C, §3336; P. C, §5241). t 8. Duty of Fish Commissioner. It shall be the duty of the Fish Commissioner to give his entire time and attention to the fishing interests of the State of Washington, and by and with the help of his depu- ties, see that all laws for the propagation, protection and preservation of food fishes and oysters in the public waters of the State of Washington, whether entirely or partially within the state boundaries, are enforced and, if necessary, to select and purchase suitable land, build, operate and manage thereon fish hatcheries for the purpose of supply- ing said waters with young fish; to employ necessary and competent men to successfully carry on said hatcheries. It shall also be the duty of the Fish Commissioner to ex- amine into all complaints made to him by councilmen of cities or county commissioners, regarding dogfish or de- cayed fish, which are injurious to the fishing industries or dangerous to the health of the inhabitants, and, if neces- sary, abate said nuisance. (Laws 1890; 1 Bal. C, § 3326; P. C, §5236). 6 State of Washington 9. Commissioner Shall Report. That said Fish Commissioner shall annually on March 21st report to the governor of this state a full account of his actions under this act; also of the operations and re- sults of the laws pertaining to the fish and oyster indus- tries, the methods of taking fish, the number of young fish hatched, and where distributed, amount of expenses in- curred, and make suggestions as to needs of future legis- lation, if any, and full statistics of the fishing and oyster business. (Chapter 189, Laws 1907). 10. Inspection of Canneries. The Fish Commissioner of the State of Washington and his deputies are hereby authorized to inspect all canneries, boats, nets, wheels, traps and other appliances, and all property used in the catching and packing of fish, or in the fish industry, for the purpose of enforcing the fish laws of the State of Washington, and to that end said commis- sioner and his deputies are authorized to enter on said property and make inspection thereof. (Laws 1893; 1 Bal. C, §3327; P. C, §5235). 11. Arrests. The Fish Commissioner and his deputies shall have au- thority to arrest without writ, rule, order or process any person in the act of committing a crime in violation of the fish laws of this state, and they are hereby made peace officers of this state for that purpose. (Laws 1893; 1 Bal. C, § 3328; P. C, §5233). 12. Punishment for Resisting an Officer. If any person knowingly or wilfully resists or opposes such officer in the discharge of his said duties, he shall be punished by imprisonment in the county jail not exceeding one year, or by fine not exceeding one thousand dollars nor less than fifty dollars, or by both fine and imprisonment, at the discretion of the court. (Laws 1893; 1 Bal. C, §3329; P. C, §5234). Fishy Oyster and Game Laws 7 13. May Appoint Special Deputy. The Fish Commissioner is hereby authorized to appoint a special deputy in each county of this state, who shall be a resident of the county for which he shall be appointed, such special deputy to see that the fish laws of the state are observed within the county for which he shall be ap- pointed. (Laws 1893; 1 Bal. C, §3334; P. C, §5231). 14. Compensation of Special Deputy. Such special deputy shall receive as his compensation one-half of all fines recovered upon prosecution procured by him for violation of the fish laws of this state, and shall receive no other compensation. (Laws 1893; 1 Bal. C, §3335; P. C, §5232). 15. Member Board of Fish Commissioners. The Governor, State Treasurer and Fish Commissioner are hereby created a board of fish commissioners ex-officio. (Laws 1895; 1 Bal. C, §3337; P. C, §5247). 16. Hatcheries to Be in Control of Commissioners. The State Fish Commissioners shall have charge and control of the state fish hatchery or hatcheries, and the management of the same, under the supervision of the fish commission, and shall have power to employ such assist- ance and purchase such supplies as may be necessary to maintain and operate such state fish hatchery or hatch- eries. (Laws 1895; 1 Bal. C, § 3341; P. C, § 5250). 17. Commissioners Shall Be Allowed Actual Traveling Expenses. Said board of commissioners shall receive no compen- sation for their services as such board, but shall be allowed necessary actual traveling expenses. All accounts for ex- penditures incurred or made pursuant to the provisions of this article shall be audited and approved by said commis- sion before presentation to the State Auditor: Provided, 8 State of Washington That no traveling expenses be allowed unless vouchers show that railroad and other expenses were actually paid. (Laws 1895; 1 Bal. C, §3342; P. C, §5251). 18. State Game Warden. There is hereby created the oflace of State Game Warden, and the State Fish Commissioner shall be ex- offlcio such officer. (Laws 1899, p. 276, §1). 19. Duties and Powers. The State Game Warden shall have full control of and supervision over all county game wardens appointed in pursuance to any statute now existing on the statute books of this state, and may have the power to appoint said county game wardens special deputy fish commissioners for the county in which said county game wardens may reside, and shall have general supervision over the enforce- ment and execution of all laws of this state for the pro- tection of game animals, game birds, song birds, and game fish, and shall have all the authority and powers as a peace officer conferred on county game wardens by any iaw of this state. (Laws 1899, p. 276, §2). 20. Chief Deputy State Game Warden. The State Game Warden shall appoint one chief deputy state game warden, who shall hold his office during the pleasure of the State Game Warden, and shall receive a salary of fifteen hundred dollars ($1,500) per year, to be paid in monthly installments, by the State Treasurer on warrant drawn by the State Auditor, and shall be allowed his actual expenses of travel in the performance of his duty, not to exceed the sum of seven hundred fifty dollars ($750) in any one year; and no payment of salary or travel- ing expenses shall be made by the State Auditor to said deputy state game warden, except upon certificate of the State Game Warden, that the vouchers of the deputy state game warden are correct, that the services have been faith- Fish, Oyster and Game Laws 9 fully rendered and the money for traveling expenses actu- ally expended. The duties of the chief deputy game warden shall be to enforce all the provisions of law in reference to the protection of game and to prosecute all violations of law in reference thereto, to direct and supervise all acts of county and special deputy game wardens, and to use all lawful ways and means to protect game and to encour- age and secure the propagation thereof. (Laws 1905). 21. County Game Wardens — Appointment of. The county commissioners of the respective counties in the State of Washington are hereby empowered and authorized to and shall, upon application in writing of one hundred resident freeholders and taxpaj^ers of said county, appoint a suitable person, who shall be a resident and qualified elector of said county, as game warden of such county, who shall be vested with all the authority of a sheriff to perform the duties prescribed by the laws of the State of Washington for the protection of game animals, game birds, song birds and game fish. Such game warden, so appointed, shall receive a salary of not less than twenty- five dollars ($25) nor more than one hundred dollars ($100) per month to be paid monthly out of the game protection fund of such county. (Laws 1905). 22. County Game Wardens — Powers of. All county game wardens shall be ex-ofiicio deputy state game wardens, and shall have the same powers in the en- forcement of the game laws of the state as the chief deputy state game warden and shall be under the direction and supervision of the chief deputy state game warden. County game wardens shall have power to appoint special game wardens for his county; such special game warden shall receive no salary but shall have same authority as other game wardens; county game wardens before entering upon their duties shall take and file with the county auditor of his county the oath of ofiice as prescribed for other county 10 State of Washington officers, and shall be held responsible for neglect, or non- performance of his duties, and the county commissioners of any county may remove the county game warden at any time for neglect or non-performance of duty. (Laws 1905). 23. Reports of State Game Warden. The said State Game Warden, in connection with his report as said Fish Commissioner, shall annually, on De- cember 1st, report to the Governor of this state a full ac- count of his actions as State Game Warden; also the opera- tion and result of all laws pertaining to the protection of game animals, game birds and game fish. (Laws 1889, p. 276, §3). 24. Expenses of County Game Wardens. The expenses of the county game wardens may be paid in the discretion of the State Game Warden and Fish Com- missioner for all services performed by them as deputy fish commissioners upon the request or direction of said State Game Warden and said State Fish Commissioner, and said expenses, when so audited and allowed, are made pay- able out of the Fish Commissioner's traveling and inci- dental expense fund. (Laws 1899, p. 276, §4). 25. Salmon Packages, How Marked — Penalty. All salmon caught, and cured by salting, for sale within the said waters of Puget Sound or any tributary thereof, shall be put up in packages marked with the name of "Puget Sound Salmon" in plain letters, at least two inches long; also the place at which they are so cured and packed, and the name or names of the parties so curing them and offering them for sale. A violation of this section shall subject the offender to a fine of not less than ten nor more than one hundred dollars for each and every offense, to be recoverable in court having jurisdiction of misdemeanors. (1 Bal. C, §3344; P. C, §1821). Fish, Oyster and Game Laws 11 26. Cans Containing Salmon — Labeled. All salmon caught within the waters hereinbefore named, and prepared for sale and export, by being her- metically sealed in cans made of tin or other metal, shall be labeled with labels bearing the words, "Puget Sound Salmon," together with the name of the person engaged in the business of such preparation for export and sale by hermetically sealing in cans as aforesaid, together with the name of their place of business. The cans shall likewise be packed in cases, in the manner prescribed in the next succeeding section for packing salmon in barrels. A failure to comply with the provisions of this section shall be deemed a misdemeanor, and subject the offender to a fine of not less than ten dollars nor more than one hundred dollars for each and every offense, recoverable in any court of competent jurisdiction. (1 Bal. C, § 3345; P. C, § 1822). 27. Marking of Fish Packages. All barrels, packages, or cans containing fish caught within the state, and packed, barreled, or canned therein, shall be marked by label or otherwise, in plain letters, with the name of the place where said salmon were caught, and also the name of the state in full, and the name of the party or parties putting up the same; and for each pack- age, barrel, part of a barrel or can not so marked, the per- son or persons whose duty it is to so mark the same shall be subject to a penalty of not less than ten dollars, to be recovered by action brought by any person first informing in a court having jurisdiction; and one-half of the sum re- covered shall go into the coijimon school fund of the county where the offense was committed and the other half to the informer. (1 Bal. C, § 3346; P. C, § 1824). 28. Fish From Other States to Be Marked. It shall be deemed a misdemeanor to sell, or offer for sale within the State of Washington, any cases or packages of fish packed in other states that are not plainly marked 12 State of Washington or branded on their exterior, explanatory of the exact na- ture or finished condition of the preparation contained, thereby preventing misrepresentations and sale of inferior or imitative brands of fish for the genuine article packed or prepared within the state. (1 Bal. C, §7177; P. C, §1825). 29. Penalty. Each violation of the above section shall be punishable by a fine not to exceed ninety-nine dollars, nor less than twenty-five dollars. (Bal. C, §7177; P. C, §1826). Fish, Oyster and Game Laws 13 REGULATIONS FOR THE CATCHING OF SALMON AND OTHER POOD PISHES. 30. Rivers and Deception Pass — Certain Apparatus Pro- hibited. That section 1 of an act entitled, An act providing for the protection and propagation of the food fishes in the waters of the State of Washington, regulating the catch- ing and sale thereof, establishing licenses, fixing penalties, repealing conflicting laws and declaring an emergency. Session Laws 1899, chapter 117, be and the same is amended so as to read as follows: Section 1. Hereafter it shall be unlawful to construct, own, operate and main- tain wtihin any of the rivers of this state flowing into Puget Sound and within said bodies of water within a distance of three miles from the mouth of any such river, and also within that arm of Puget Sound and body of water known as Deception Pass, or within one-half mile of the west entrance thereof and in any of the other salt waters of this state at a greater depth than sixty-five feet at low tide, any pound net, trap, weir, fish wheel, or other fixed appliance, set lines excepted, for the purpose of catch- ing salmon or other food fishes, and for the purpose of en- forcing the provisions of this section, the Fish Commis- sioner shall indicate the mouths of said rivers by driving piles therein. It shall also be unlawful hereafter to use any purse net, purse seine, or other like seine within two miles, and drag seines within one mile from the mouth of any of said rivers or within said rivers. It shall be un- lawful to use any purse seine or purse net longer than five hundred feet, the meshes of which are less than two and one- half (2^^) inches stretch measure: Provided, That nothing in this act or any other act shall prevent any person residing in this state from taking salmon or other 14 State of Washington fish by any means at any time for consumption by himself and family: Provided, That there shall be a closed season for the catching of salmon in the Skagit river from July 15th to September 15th hereafter: Provided, That this provision shall not apply to persons fishing with nets the meshes of which is not less than eight and one-half inches, stretch measure: Provided further, That there shall be no commercial fishing hereafter in the Snohomish river above the Snohomish wagon bridge, or about tide water in the Duwamish river. That section 2 of an act entitled, An act relating to the taking of food fishes, providing penalties for a viola- tion thereof, amending section 2 of chapter 117, Session Laws 1899, also amending section 3 of chaptor 170, Ses- sion Laws 1905, and repealing section 4, chapter 170, Ses- sion Laws 1905, and declaring an emergency. Session Laws 1907, be and the same is hereby amended to read as fol- lows: Section 2. It shall be unlawful to take or fish for salmon, except with hook or line, in any of the tributaries of Puget Sound, except as provided in section 1 of this act; and it shall further be unlawful to take or fish for salmon with pound nets, fish traps, weirs, or fish wheels, or other fixed appliances, or with purse seine, purse nets, or other like seins or nets, in any of the open waters of Puget Sound, between the hours of four o'clock P. M., Friday, and four o'clock A. M., Sunday of each week of each year; and it shall further be unlawful to take or fish for salmon with gill nets in that arm of the sound known as Swino- mish slough, or in any of the other sloughs, or in any of the waters of Puget Sound, or tributaries thereof, between the hours of six o'clock A. M., Saturday, and six o'clock P. M. of Sunday of each week in each year, and it shall be unlawful to fish for sockeye salmon in the waters of Puget Sound between August 25th and September 15th of each year, and any salmon of that species taken between the last named dates in the waters of Puget Sound shall be liber- Fish, Oyster and Game Laws 15 ated. That between four o'clock P. M., Friday, and four o'clock A. M. Sunday, of each week of each year, as above provided, all pound nets or fish traps operated within the waters of Puget Sound shall be closed by an apron placed across the entrance to the heart of the trap or pound net, which apron shall extend from above the surface of the water to the bottom of the sound at the place where the trap is maintained and be connected securely to the piles on either side of the entrance to the heart of such trap or pound net, fastened by rings not more than four feet apart on a taut wire stretched from top to bottom of piles so as to effectually prevent any salmon from entering the heart of such trap or pound net. Any person violating any of the provisions of this section, whether or not such a violation is otherwise specifically declared to be a misde- meanor, either by neglecting to observe the requirements of this section, or by violating any of the requirements thereof shall be deemed guilty of a misdemeanor, and shall upon conviction thereof in each and every offense be sub- ject to a fine of not less than two hundred and fifty dollars ($250) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail not less than twenty-five days nor more than one year, or by both such fine and imprisonment. If the locator or owner of a fishing location for pound nets or fish traps in the waters of Puget Sound fails to construct his fishing appliances thereon at least one time during a period of four years, his location shall be deemed abandoned, even though he shall during said period comply with the requirements of the laws of the State of "Wash- ington pertaining to fishing locations in other respects. Any statute of the State of Washington inconsistent with the provisions of this section is hereby repealed. An emergency exists and this act shall take effect April 1, 1909. (Laws 1909, chap. 77). 16 State of Washington 31. When It Shall Be Unlawful to Fish for Salmon in Gray's Harbor and Tributary Waters. That section 3 of chapter 247 of the Session Laws of 1907, be amended to read as follows: Section 3. It shall be unlawful to take or fish for salmon in the waters of Gray's Harbor or its tributaries from the 15th day of March to the 15th day of April, and from the 25th day of November to the 25th day of December in each year. And also it shall hereafter be unlawful to take or fish for sal- mon in any of the following named tributaries of Gray's Harbor from the 15th day of August to the 15th day of November in each year above the points hereinafter de- scribed, to-wit: It shall be unlawful to take or fish for salmon in the Chehalis river above a point one-half mile below the mouth of the Wynooche river; it shall be un- lawful to take or fish for salmon above a point one-half mile above the mouth of the Humptulip's river; it shall be unlawful to take or fish for salmon above a point one-half mile above the mouth of the Elk river; it shall be unlawful to take or fish for salmon above a point one-half mile above the mouth of the Johns river. The Fish Commissioner is hereby empowered to indicate the points above which fish- ing may not be done as provided hereinbefore, by driving piles at the points in said streams above designated, which shall mark the points above which said fishing shall not be done. It shall be unlawful to take or fish for salmon in the waters of Willapa Harbor or its tributaries from the 15th day of March to the 15th day of April, and from the 25th day of November to the 25th day of December in each year. And, also, it shall be unlawful to take or fish for salmon in any of the following tributaries of Willapa Harbor above tide-water in said rivers: North river, Willapa river, and Nasel river. Nothing in this act shall be construed to prevent fishing with hook and line, com- monly termed angling, in any of the above rivers. It shall be unlawful to take or fish for salmon or sturgeon in the Fish, Oyster and Game Laws 17 Columbia river or its tributaries or in any of the waters or sloughs thereof west of the north and south line between sections 14 and 15 in township 15, east of the Willamette meridian, or within three miles outside of the mouth of the said Columbia river, by any means whatever in any year between twelve o'clock meridian on the 1st day of March, and twelve o'clock meridian on the 1st day of May, and be- tween 12 o'clock meridian on the 25th day of August and twelve o'clock meridian on the 10th day of September, and between six o'clock P. M. on Saturday of each week and six o'clock P. M. on the Sunday following, from the 1st day of May to the 25th day of August, both inclusive, of any year. And it shall be unlawful to take or fish for salmon in the Columbia river or any of its tributaries easterly of the north and south line between sections 14 and 15 in township 15, east of the Willamette meridian, by any means whatever in any year between twelve o'clock meridian on the 15th day of March and twelve o'clock meridian on the 1st day of June or between twelve o'clock meridian on the 25th day of August and twelve o'clock meridian on the 10th day of September, except the Snake river. And it shall be unlawful to take or fish for salmon in the Snake river, or any of its tributaries, by any means whatever, in any year between twelve o'clock meridian on the 1st day of March and twelve o'clock meridian on the 1st day of June, or be- tween twelve o'clock meridian on the 1st day of August and twelve o'clock meridian on the 15th day of September. And it shall be unlawful to take or fish for salmon by any means whatever, except with hook and line, commonly termed angling, in the Kalama river, Lewis river. Wind river. Little White Salmon river, Wenatchee river, Methow river. Little Spokane river, and Colville river, and in the mouths thereof, and in the Columbia river within one mile below the mouth of the above named rivers: Provided, No traps shall be located on or within three miles below the mouth of the Lewis river. It shall be unlawful at any time — 2 18 State of Washington to take any fish with a net, trap or other device than hook and line in Chambers creek in the county of Pierce, or within two hundred and fifty yards of the mouth of said creek, and the mouth of said creek shall be construed to mean the junction where the fresh and salt waters meet at low tide. Any person violating any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof for each and every offense be subject to a fine of not less than fifty dollars nor more than one thousand dollars, or may be imprisoned in the county jail not less than ten days nor more than one year, or may be both fined and imprisoned. (Laws 1909, chapter 23; emer- gency clause). 32. Set Nets to Be Used on Puget Sound, Etc. It shall be unlawful for any person, firm or corporation on Puget Sound or its tributaries to fish for salmon by means of set nets of greater length than three hundred feet and no set net shall be permitted to be constructed in the form of a pound net or with pots or hearts connected therewith or in any other means than by stakes driven in substantially a straight line. Any person violating any of the provisions of sections 3, 4, and 5 of this act shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be subject for each and every offense, to a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) or by imprisonment in the county jail not less than five days nor more than thirty days. (Chapter 247, Laws 1907; emergency clause). 33. License Fees for Buying, Packing. — Monthly State- ment. — Retail Dealers, Etc. That section 3 of chapter 170, Session Laws of 1905 be amended to read as follows: Sec. 3. Every person, firm or corporation, either as principal, agent or employe en- gaged in the business of buying or selling, and preserving or otherwise dealing in salmon other than canneries there- Fish, Oyster and Game Laics 19 of, shall pa3' as a license the sum of ninety cents per ton net weight of said fish bought and sold, preserved or other- wise dealt in: Provided, No person engaged in the busi- ness aforesaid shall pay less than two dollars and fifty cents per annum. It shall be the duty of each person, firm or corporation affected by the provisions of this sec- tion to render to the Fish Commissioner of the State of Washington on or before the tenth day of each month, on blanks to be furnished by the Fish Commissioner, a de- tailed statement showing net amount of fresh fish bought and sold, preserved or otherwise dealt in during the pre- ceding month, and each person shall pay to the said com- missioner the amount due under the provisions therefor, on or before the tenth of each month, and a failure or neglect to do so shall constitute a misdemeanor and upon conviction thereof the offender may be punished as here- inafter provided: Provided, however. That every person, firm or corporation, either as principal, agent or employee (except retail dealers purchasing for their own trade) en- gaged in buying, selling, preserving or otherwise dealing in salmon other than canners thereof taken in the waters of Grays Harbor or its tributaries in the State of Wash- ington, shall before engaging in such business procure from the Fish Commissioner a license to buy, sell', pre- serve or otherwise deal in at least one hundred tons of salmon taken from such waters and pay therefor to said Fish Commissioner the sum of ninety dollars, which said license shall entitle such person, firm or corporation to buy, sell, handle, preserve or otherwise deal in one hun- dred tons of salmon taken from said waters during the season for which such license is granted. Should such person, firm or corporation during the year for which such license is issued exceed one hundred tons of salmon in his, their or its purchase, sale, preserving or dealing, such person, firm or corporation shall immediately upon the completion of the purchase, sale or preserving of one hun- 20 State of Washington dred tons of salmon, thereafter be governed by and comply with and make payments upon all salmon purchased, sold, preserved, or otherwise dealt in, in excess of one hundred tons during the said year with the provisions of this sec- tion contained and declared before this proviso and a failure or neglect upon the part of any person, firm or corporation to comply with the requirements of this sec- tion or the requirements of this proviso shall constitute a misdemeanor and upon conviction thereof the offender shall be punished as in this act hereby amended provided. (Chapter 247, Laws 1907; emergency clause). 34. License Fees for Fishing Appliances — IVIonthly State- ments — Sworn Statements. All licenses provided in sections two and three of this act shall be issued as follows: Upon application therefor by any person, a license shall be issued by the Fish Com- missioner for fixed and other appliances for catching sal- mon or other food fishes as herein provided, which shall entitle the holder to operate said appliances in the waters of this state, wherein such appliances are not prohibited by law. The following fees for such licenses shall be col- lected by the Fish Commissioner and turned over to the State Treasurer on or before the tenth of each month, and by him turned into the fish hatchery fund, to-wit: For each drag seine not exceeding 250 feet in length. $2.50 For each drag seine more than 250 feet in length and not more than 400 feet in length 7.50 For each drag seine more than 400 feet in length and not exceeding 500 feet 15.00 For each additional foot in length, the further sum of .03 For each first class pound net, trap or weir, on the Columbia river 25.00 For each second class pound net, trap or weir or the Columbia river 10.00 For each first class purse seine 50.00 Fish, Oyster and Game Laws 21 For each second class purse seine 25.00 For each gill net or drift net 5.00 For each set net 2.50 For each pound net, trap or weir on Willapa harbor and Grays harbor 10.00 For each pound net, trap or weir (except on the Columbia river, Willapa harbor or Grays harbor) 50.00 For each scow fish wheel 15.00 Stationary fish wheels shall pay twenty-five dollars for first class wheels, and ten dollars for second class wheels, all classification of wheels, pound nets and purse seines to be determined by the Fish Commissioner: Provided, Where any trap or pound net is so constructed as to take fish at each end of its main (lead), it shall obtain and pay for a license especially permitting the taking of fish at both ends, for which it shall pay a license fee double the amount of a pound net or a trap taking fish at one end only. In addition to the foregoing license charges there shall also be paid by the owner of each trap, pound net or fish wheel operated in the waters of the state, the sum of one dollar for each one thousand fish taken by such trap, pound net or fish wheel. It shall be the duty of every person owning or operating any trap, pound net or fish wheel to furnish to the Fish Commissioner on or be- fore the tenth day of each month a sworn statement giving the number and location of such trap or pound net and a detailed statement of the actual number of fish caught at such trap or pound net, and in addition to answer such questions as the Fish Commissioner shall propound with reference thereto, which statement shall be filed with and retained by the Fish Commissioner. Any person, firm or corporation using scows and boats or other craft in the buying of fish on the Columbia river, are hereby required to obtain from the Fish Commissioner of the State of Washington, before engaging in said trade or occupation, a license for such scow, boat or other craft: Provided, 22 State of Washington That this shall not apply to scows, boats and other craft regularly used in buying fish for, and transporting fish to canneries and packing plants which pay an annual license fee to the State of Washington of at least one hundred dol- lars each. Each person, firm or corporation obtaining such license shall pay to the Fish Commissioner of the State of Washington at the time said license is issued, the sum of fifty dollars ($50.00). All licenses issued under the pro- visions of this act shall expire on the thirty-first day of March following the issuance of such license, and shall be renewed upon application and upon payment of the license fees as provided by this act: Provided, That licenses now Issued shall be valid until their expiration, and all like- wise be renewed to expire on March thirty-first following the issuance of such license. (Chapter 247, Laws 1907, emergency clause). 35. Fines. One-half of all fines collected under the provisions of this act or the acts of which this is amendatory shall be paid to the informer, if there be one, one-quarter to the county collecting the same, and the remainder shall be put into the fish hatchery fund in the state general fund. And it shall be the duty of the prosecuting attorney, or justice of the peace to cause to be endorsed upon the back of the indictment or complaint the name of any person who shall voluntarily make complaint for violation of any of the pro- visions of this act. (Chapter 247, Laws 1907, emergency clause). 36. License Number and Lights Displayed — Seines and Nets Branded — Boats Numbered. Any person owning, operating or using any pound net, trap, weir, fish wheel or other fixed appliance for taking salmon, shall cause to be placed in a conspicuous place on said pound net, trap, weir, fish wheel or other fixed appli- ance, the number designated by the Fish Commissioner Fish, Oyster and Game Laws 23 at the time of issuing the license for the operation thereof; said number to consist of black figures, not less than six inches in length, painted on white ground; any person owning or operating or using any seine, purse net, gill net or set net for the purpose of taking salmon, shall cause to be branded the corks of each end of the seine, purse net, gill net or set net, and upon the cork nearest the center thereof, the number designated by the Fish Com- missioner at the time of issuing the license for the opera- tion of said seine or net; said number to consist of figures not less than one-half inch in length, and shall also cause to be placed upon each side of the bow of the boat used to operate such seine or net such license number, preceded by a capital "W," the same to consist of black figures not less than six inches in length painted on white ground. All pound nets or traps shall conspicuously show at night time, between sunset and sunrise, a bright white light. (Laws 1899, p. 196, §3; P. C, §5275). 37. Nets, How Constructed, Etc. No lead of any pound net, trap, fish wheel or other fixed appliance used or operated in the waters of the Columbia river or its tributaries, Willapa Harbor or Grays Harbor in this state for catching salmon shall exceed eight hun- dred feet in length, and in the waters of Puget Sound two thousand five hundred feet in length. There shall be an end passage way of at least thirty feet, and a lateral pas- sage way of at least nine hundred feet, between all pound nets, traps, weirs, fish wheels or other fixed appliances hereafter constructed and placed within the waters of the Columbia river and its tributaries, Willapa Harbor and Grays Harbor within this state, and there shall be an end passage way of at least six hundred feet and a lateral passage way of at least twenty-four hundred feet, between all pound nets, traps, weirs or other fixed appliances here- after constructed and placed within the waters of Puget Sound in this state. For the purpose of determining end 24 State of Washington passage ways, base lines shall be drawn at right angles with the general course of locations first originally estab- lished and intersecting the ends thereof, and the end pas- sage ways shall be measured at right angles from such base lines: Provided, This amendment of section four shall not effect any locations lawfully existing under previ- ous statutes when this act takes effect; and any or all such fishing appliances may be maintained upon such ex- isting locations as though this act had not been passed, or they may be changed to conform to the provisions hereof as to end passages at the option of the location owners and holders thereof. (Laws 1905, approved March 9, emergency clause). 38. License Fees for Canneries. Every person, firm or corporation engaged in canning salmon shall procure a license before commencing the season's packing, as follows: For each cannery packing less than ten thousand cases per annum $100.00 For each cannery packing from ten thousand cases to fifteen thousand cases per annum 1.50.00 For fach cannery packing from fifteen thousand to twenty thousand cases per annum 200.00 For each cannery packing from twenty thousand to twenty-five thousand cases per annum 250.00 For each cannery packing from twenty-five thou- sand to thirty thousand cases per annum 300.00 For each cannery packing from thirty thousand to forty thousand cases per annum 400.00 For each cannery packing from forty thousand to fifty thousand cases per annum 500.00 For €a.ch cannery packing from fifty thousand to sixty thousand cases per annum 600.00 For each cannery packing from sixty thousand to seventy thousand cases per annum 700.00 Fish, Oyster and Game Laws 25 For each cannery packing from seventy thousand to eighty thousand cases per annum 800.00 For each cannery packing from eighty thousand to ninety thousand cases per annum 900.00 For each cannery packing from ninety thousand to one hundred thousand cases per annum.... 1,000.00 Rates on all canneries to be based on pack of each pre- ceding year. New canneries shall pay a license of $250.00 until their pack is definitely known: Provided, however, That every person, firm or corporation engaged in canning salmon on the Columbia river within the State of Wash- ington shall pay for such license of the spring portion of the pack put up prior to August twenty-sixth, twice the sum indicated above for the respective canneries. (Laws 1905, approved March 13, emergency clause). 39. Penalty. Any person violating any of the provisions of this act, whether or not such violation is otherwise specifically de- clared to be a misdemeanor, either by neglecting to ob- serve the requirements of this act, or violating any of the provisions thereof, shall be deemed guilty of a misde- meanor, and shall upon conviction thereof for each and every offense, be subject to a fine of not less than fifty dollars nor more than one thousand dollars, or by impris- onment in the county jail not less than twenty-five days nor more than one year, or by both such fine and imprison- ment. (Laws 1905, chapter 170, section 6). 40. Survey and Map of Locations for Set Nets, Pound Nets or Fish Traps — Marking Location of Drag Seines and Set Nets. Every person, firm or corporation who at the time this act takes effect shall be lawfully occupying any set net, pound net, or fish net trap location in the waters of Puget Sound in the State of Washington under any provisions of the statutes of this state, or who thereafter may desire to 26 State of Washington so occupy any unoccupied or unclaimed fishing location where it may be lawful to construct a set net, pound net or fish trap in said waters, shall within sixty days after this act takes effect in the case of existing locations, and at the time they are sought to be made in the case of new loca- tions, cause all such locations to be accurately surveyed by a competent civil engineer, unless such like survey thereof of any location has already been made, in which case such existing survey may be used; and such occupant or claim- ant shall cause a location map to be made of each fishing location from the actual survey thereof, said map to con- tain a plat and description of said fishing location sufficient for its ascertainment and identification on the premises; such map must be certified by the engineer who made the survey, to be a true and correct map of the fishing location as shown, which is platted thereon from his survey thereof made on behalf and at the request of the occupant or claimant (naming him). Such map shall also contain a certificate of the occupant or claimant of said location, stating that he claims the fishing location shown on the map, and specifying the date and number of the license under which said location is held; such last mentioned certificate may be signed by the occupant or claimant or by his agent or attorney in his behalf, and shall contain the postoffice address of the occupant or claimant. Such map with the certificates thereon shall be filed in the office of the county auditor of the county in which such fishing location is situated, and shall from the date of its filing constitute full and complete notice that the location shown upon said map is owned, held, occupied and claimed by the person, firm or corporation designated thereon as occu- pant or claimant. A duplicate copy of such map shall also be filed (for information only) with the Fish Commissioner of the State of Washington, or of the district within which such location is situated. And it shall be the duty of all county auditors and fish commissioners, in whose office Fish, Oyster and Game Laxvs 27 any such maps may be offered for filing, to receive and safely keep same on file in their respective offices. They shall also keep a proper and convenient index of all such maps, showing the time and dates of the filing, the names of the occupant or claimants on whose behalf such maps are filed, and the serial numbers of the maps in the order filed, all of which must be endorsed on the respective maps when filed; but no informality or omission on the part of any such public officer shall impair or prejudice the rights of any occupant or claimant of or to any such fishing loca- tion. Every person, firm or corporation being the owner, holder or occupant of any one or more existing set net, fish trap or pound net locations when this act takes effect, shall have the exclusive and preference right for ninety days thereafter within which to file such maps with the respective county auditors. From and after the filing of any such maps in the office of any county auditor, the occupant or claimant of the fishing location thereon shown, and his heirs, successors and assigns shall have the exclu- sive right to occupy, maintain and fish such location, to renew the lecense therefor, and to mortgage, sell and transfer such right, during such time as he or they shall comply with the requirements of the laws of the State of Washington, pertaining thereto in other respects. It shall not be necessary hereafter to drive any location piles to indicate fish traps or pound net locations within the waters of Puget Sound in the State of Washington, and all such existing piles shall be removed from such location by the owners and occupants thereof within ninety days from the date this act takes effect. Upon the construction of any fish trap or pound net, the number of the license under which same is held shall be posted in a conspicuous place thereon and there maintained until such trap is removed: Provided, however, If the locator fails to construct his ap- pliance during the fishing season covered by his license, said location shall be deemed abandoned. At the close of 28 State of Washington each annual fishing season on Puget Sound the owner and holder of each set net, fish trap or pound net shall remove from the location all piles and structures of every kind. Locations for drag seines may be made by driving a sub- stantial stake or erecting a permanent monument at each end of the location claimed and posting thereon the num- ber of the license under which such drag seine is operated: Provided, That no seine location the title to which is in the state shall occupy a greater space than twice the length of the seine covered by above license. Locations for set nets may be made by erecting a permanent monument near or securely anchoring a buoy on the location claimed, upon which shall be posted the number of the license under which such set net is operated: Provided, There shall be a lateral passage way of at least three hundred feet and an end passage way of thirty feet between all set nets. No fishing appliance or device of any kind whatsoever lo- cated or used upon any streams or rivers of this state shall, either by a lead or any parts of said appliance occupy more than one-third of the width of such streams or rivers: Pro- vided, however, That in the Columbia river and its tribu- taries, Willapa Harbor and its tributaries. Grays Harbor and its tributaries, any person or corporation, after first having obtained a license as provided for in this act, shall indicate locations for traps or pound nets made under such license, by driving at least three substantial piles thereon, which must extend not less than ten feet above the surface of the water at high tide, one of said piles to be driven at each end of the location claimed, and upon said ter- minal piles there must be posted the license number, and if the locator fails to construct his appliance during the fishing season covered by his license, said location shall be deemed abandoned. After any such trap or pound net has been located, the owner thereof may file a description thereof sufficient for identification with the Pish Commis- sioner, and shall thereafter have the exclusive right to Fish, Oyster and Game Laws 29 fish such location and to sell and transfer such right during such time as the locator or owner of such right shall com- ply with the requirements of the law pertaining thereto in other respects. Locations for drag seines may be made by driving a substantial stake or erecting a permanent monument at each end of the location claimed and posting thereon the number of the license under which such drag seine is operated: Provided, That no seine location, the title to which is in the state, shall occupy a greater space than twice the length of the seine covered by above license. Locations for set nets may be made by erecting a perma- nent monument or securely anchoring a buoy on the loca- tion claimed, upon which shall be posted the number of the license under which such set net is operated: Pro- vided, There shall be a lateral passage way of at least three hundred feet and an end passage way of thirty feet between all set nets. No fishing appliance or device of any kind whatsoever located or used upon any streams or rivers of this state shall, either by a lead or any parts of said appliance occupy more than one-third of the width of such streams or rivers. (Laws 1905, chap. 140, sec. 2). 41. Failure to Obtain License, Misdemeanor. Any person or corporation owning, operating, maintain- ing or using any pound nets, traps, weirs, fish wheels or other fixed appliances, or any seines, set nets, gill nets or drift nets for the purpose of catching salmon or other food fishes within or upon the waters of this state, without first having obtained a license so to do as provided for in this act, shall be deemed guilty of a misdemeanor, and any assignee of a license operating any such appliance without giving notice of such assignment as required by this act to the Fish Commissioner, shall be guilty of a misde- meanor. (Laws 1899, p. 204, §10; P. C, §5283). 42. Set Nets— When Not Unlawful. Nothing in this act shall be so construed as to prevent fishing with set nets in any rivers of this state except when 30 State of Washington such fishing is expressly prohibited by law, or prohibited by the Fish Commissioner, in his discretion, in rivers on whicli are located state fish hatcheries. (Laws 1899, p. 204, §11; P. C, § 5284). 43. Protection of Food Fishes — Certain Streams May Be Closed. Whenever the Fish Commissioner shall consider that the protection of the food fishes mentioned in this act shall require it, he may close to fishing any stream or river in this state emptying into Puget Sound, the Columbia river, Grays Harbor or Willapa Harbor, in the manner following, to-wit: He shall post in the office of the county auditor of the county or counties through which the stream or streams desired to be closed shall run, a notice stating that on a date set up in said notice, which date of notice shall not be less than thirty days from the date of notice, said stream or streams will be closed to public fishing, and shall cause a like notice to be published in some weekly newspaper published in said county or counties for not less than four successive issues. Any person fishing in said stream or streams after it shall have been closed as hereinbefore provided, shall be guilty of a misdemeanor, and upon con- viction shall be punished as provided for the punishment of misdemeanors in this act: Provided, Nothing in this section contained shall be construed to prohibit hook and line fishing for salmon in any stream or streams in this state. (Laws 1899, p. 204, §12; P. C, §5285). 44. Protection of Salmon or Salmon Trout in Olympia Harbor. It shall be unlawful for any person at any time to take in any manner except with hook and line any salmon or salmon trout within the limits of townships 18 and 19 N., R. 2 and 3 west, W. M., in the State of Washington. Any person violating any of the provisions of this act shall upon conviction thereof be punished by a fine of not Fish, Oyster and Game Lazes 31 less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) or Imprisonment in the county jail for not less than ten (10) days nor more than thirty (30) days, or both such fine and Imprisonment, in the dis- cretion of the court. It shall be lawful at all times for the State Fish Com- missioner, the general superintendent of state fish hatch- eries, and assistants, to take trout and other game fish by means of hook and line or nets at any place within one mile of any state fish hatchery operated for the propaga- tion of salmon: And provided. That the provisions of this section shall also apply to superintendents of salmon hatcheries operated by the United States bureau of fisheries in this state. (Laws 1909, chap. 184). 45. Fish Hatchery Fund. All moneys collected for licenses and fines under the provisions of this act shall be turned into the state treas- ury and placed in the fish hatchery fund. (Laws 1899, p. 205, §13; P. C, §5286). 46. Definition of Salmon. Whenever the term salmon is used in this act it shall be construed to include and apply to Chinook, steelhead, blueback, silverside, and all other species of salmon. (Laws 1899, p. 205, §14; P. C, §5287). 47. United States Officers iVlay Take for Propagation. Nothing in this act shall be construed so as to prevent the taking of salmon or other food fishes by the Fish Com- missioner or proper officers of the United States for propa- gating purposes. (Laws 1899, p. 205, §15; P. C, §5288). 48. Reports to Fish Commissioner. It shall be the duty of all persons who purchase salmon or other food fishes from fishermen or takers or catchers of salmon, or other food fishes, for the purpose of selling or canning them or the product of the same for profit, to 32 State of Washington report to the Fish Commissioner on blanks furnished by him, on or before the 15th day of November of each year hereafter, the number of each species of fish, state sepa- rately, so purchased by them, or if purchased by weight, the number of pounds of each species, and the average price per pound; such statement or report shall be made under oath. (Laws 1899, p. 205, §16; P. C, $5289). 49. Oaths May Be Administered by Fish Commissioner. The Fish Commissioner is hereby authorized to ad- minister oaths, and may require any statement made to him in application for license, or in any report submitted to him, or in any manner connected with the discharge of his official business, to be made to him under oath. (Laws 1899, p. 205, §17; P. C, §5290). 50. Terms Defined. The term "person or persons" when used in this act, shall be taken to include partnerships, associations and corporations. The term "seine" in this act is intended to cover all forms of nets known as seines, purse seines or purse nets, trawls, beam trawls, stow nets, drag nets, bag nets, draw nets, drift nets, reef nets and dredge nets. (Laws 1899, p. 205, §18; P. C, §5291). 51. Reports to Fish Commissioner Confidential. All reports showing the status of the business of any person required under the provisions of this act to report to the Fish Commissioner shall be treated by said commis- sioner as confidential and shall not be open to public in- spection, nor shall they be published in any way by the commissioner or communicated to any person unless their publication shall be necessary in some civil or criminal pro- ceedings against said person or persons for the purpose of enforcing the provisions of this act: Provided, That the Fish Commissioner may utilize any and all statistics fur- nished him in any annual, biennial or other report made Fish, Oyster and Game Laws 33 by him where the use of said statistics or information will not disclose to the public the condition of business of any person: And provided further, That if the Fish Commis- sioner or any one in his employ shall wilfully publish the said information or statistics disclosing the condition of business of any individual in violation of this section, he shall be guilty of a misdemeanor and shall be punished by a fine of any amount not exceeding one thousand dollars. (Laws 1899, p. 205, §19; P. C, §5292). 52. Boats, Seines and Other Appliances May Be Confis- cated. Any and all appliances used in violation of any of the provisions of this article, viz., boats, traps, nets, weirs, fish wheels, or other appliances, shall be subject to execution for the payment of the fines herein provided. Such ap- pliances may be seized by the Fish Commissioner and shall be forfeited to the state, and the proceeds turned into the fish hatchery fund, and the superior court of the state shall have exclusive jurisdiction in all cases. (Laws 1897, p. 218, §6; 1 Bal. C, §3352). 53. Penalty, Any person violating any of the provisions of this act, whether or not such violation is otherwise specifically de- clared to be a misdemeanor, either by neglecting to ob- serve the requirements of this act or violating any of the provisions thereof, shall be deemed guilty of a misde- meanor, and shall upon conviction thereof for each and every offense, be subject to a fine of not less than ten dollars nor more than two hundred and fifty dollars. (Laws 1899, p. 206, §20; P. C, §5293). 54. Repeal — Saving Clause. All acts and parts of acts in conflict with the provisions of this act are hereby repealed: Provided, That all licenses —3 34 State of Washington continued for the time such licenses may have to run or for the unexpired portion thereof, the same as if this act had not taken effect, and such licenses shall be renewed upon application upon the payments of the licefise fees as provided by this act. (Laws 1899, p. 206, §21; P. C, §5294). 55. Puget Sound Defined. For the purpose of more clearly defining the term "Pu- get Sound," all that portion of the tide waters emptying into the Straits of Fuca, and the bays, inlets, streams and estuaries thereof, shall be known and designated as Puget Sound. (Laws 1890; 2 BaL C, §7381; P. C, §1820). 56. Taking of Salmon Near Fish Rack. It shall be unlawful to catch, kill or in any manner destroy any salmon on or within one mile below any rack or other obstruction erected across any river or stream for the purpose of obtaining fish for propagation, and any person or persons violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof be fined in a sum of not less than fifty dollars nor more than two hundred and fifty dollars; and any and all appliances used in violation of this section, boats, nets, traps, wheels, seines, or other appliances, shall be subject to execution for the payment of the fine im- posed. (Laws 1890; 2 Bal. C, §7378). 57. Young Salmon Must Be Restored to Water Where Caught. Every person who by seine or by any means whatever, except by hook and line, shall catch young salmon of ten Inches in length or less, in the waters of Puget Sound, or in any of the streams flowing into Puget Sound, and who shall not return the same immediately alive to the water, or who shall sell or offer for sale any such fish, or shall wilfully destroy any small fish not merchantable, shall be Fish, Oyster and Game Lazes 35 now existing under the laws lieretofore in force shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than twenty-five dollars nor more than seventy-five dollars for each and every offense. (Laws 1893; 2 Bal. C, § 7383; P. C, § 5304). 58. Corrupting Waters Containing Fish— Explosives. It shall not be lawful to cast or pass, or allow to be cast or passed, into any water of this state into which sal- mon or trout are wont to be, any lime, gas, cocolus indicus, or any other substance deleterious to fish, or to explode or cause to be exploded any powder, Hercules powder, dyna- mite, nitro glycerine or any other explosive substance, for the purpose of catching, killing or destroying salmon or other food fish, and any person or persons violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, be fined in a sum not less than fifty dollars nor more than two hun- dred and fifty dollars. (Laws 1891; 2 Bal. C, §7384). 59. Fishways to Be Provided. Any person or persons now owning, or maintaining, or who shall hereafter construct or maintain any dam or other obstruction across any stream in the state in which any food fish are wont to ascend, without providing a fish- way or ladder determined and approved by the Fish Com- missioner of this state and suitable to enable the fish to pass over, through or by said obstruction, upon conviction thereof shall be guilty of a misdemeanor, and punished by a fine of not less than one hundred dollars nor more than two hundred and fifty dollars, and said dam may, in the discretion of the court, be abated as a nuisance. Any per- son who at any time shall catch or take any food fish of the State of Washington within one hundred yards of any fishway or ladder, whether such fishway or ladder is lawful or not, shall be guilty of a misdemeanor and upon convic- tion thereof shall be punished by a fine of not less than 36 State of Washington fifty nor more than two hundred and fifty dollars. (Laws 1893; 2 Bal. C, §7385; P. C, §5297). 60. Casting Sawdust, etc., Into Streams. It shall not be lawful for the proprietor of any saw mill in this state, or any employe therein, or any other person, to cast sawdust, planer shavings, or other lumber waste made by any lumber manufacturing concern, or suffer or permit such sawdust, shavings or other lumber waste to be thrown or discharged in any manner into the Columbia river and its tributaries, and all other streams and lakes in this state where fish resort to spawn, and any person or persons violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than one hundred nor more than two hundred and fifty dollars. (Laws 1890; 2 Bal. C, §7386; P. C, §5298). 61. Word "Salmon" Defined. Whenever the term "salmon" is used in this act, it shall be construed to include chinook, steelhead, blueback, sil- versides, and all other species of salmon. (Laws 1890; 2 Bal. C, §7887; P. C, §5290). 62. Jurisdiction of Justice of the Peace. Justices of the peace shall have concurrent jurisdiction with the superior court of all offenses mentioned in this act. (Laws 1890; 2 Bal. C, §7389; P. C, §5302). 63. Taking Fish for Propagation Is Lawful. Nothing in this act shall be construed so as to prevent the taking of fish at any time of year, and in any manner, for propagation. (Laws 1890; 2 Bal. C, §7390; P. C, §5303). 64. Right to Take Fish for Sale Limited to Citizens. It shall be unlawful for any person to fish for or take for sale or profit any salmon, sturgeon, or other food fish Fish, Oyster and Game Laws 37 in anj' of the rivers or waters of this state, or over which it has concurrent jurisdiction in civil and criminal cases, unless such person be a citizen of the United States, or has declared his intention to become such one year prior there- to, and is and has been for six months immediately prior to the time he engaged in such business an actual resident of the state. (Laws 1891; 2 Bal. C, §7391). 65. Fact of Citizenship and Residence, How Determined. Any person desiring to fish for salmon, sturgeon, or other food [fishes] in any such rivers or waters may go be- fore any county clerk of any county of this state and fur- nish satisfactory evidence of his citizenship, or of the fact that he has declared his intentions to become such one year prior thereto, and file his own affidavit and the affidavit of two other persons, to the effect that he is and has been for six months prior thereto an actual bona fide resident of this state, and thereupon such recorder or clerk shall issue to him a certificate briefly reciting those facts, and thereafter in any prosecution against such person for a violation of the provisions of this act such certificate or duly authenti- cated copies of the record in the office of the clerk or re- corder relative thereto shall be prima facie evidence of his citizenship and residence as in this act required. But in all prosecutions under this act the burden of proof shall be on the defendant to establish the facts of his citizenship and residence. (Laws 1891; 2 Bal. C, §7392). 66. Punishment Upon Conviction of Offense. Any person violating any of the provisions of this act, upon conviction thereof before any justice of the peace, shall be fined not less than five nor less [more] than one hundred dollars. (Laws 1891; 2 Bal. C, §7393; P. C, §5315). 67. Certificate — Fee for Issuing — Registry. For taking the affidavits and issuing the certificates herein provided for, the clerk shall collect from the party 38 State of Washington applying the sum of one dollar, to be paid into the county treasury; and he shall keep in his office a record of all certificates issued pursuant to this act. (Laws 1891; 2 Bal. C, §7394; P. C, §5316). 68. Persons Excepted from Operation of Above Sections. Nothing in this act shall be construed to prevent citi- zens of any state having concurrent jurisdiction with this state over or upon any rivers or waters from fishing upon such rivers or waters: Provided, That this act shall not apply to Indians. (Laws 1891; 2 Bal. C, §7395; P. C, §5317). 69. Protection of Sturgeon — Closed Season. Hereafter it shall not be lawful for any person or per- sons to take, capture or kill in the waters of the Columbia river or tributaries thereof any sturgeon between the first day of March and the first day of November in each and every year, under a penalty of twenty dollars for each and every sturgeon so taken, captured or killed, or had unlaw- fully. (Laws 1899, p. 271, §1; P. C, §5307). 70. Protection of Young Sturgeon — Penalty. It shall not be lawful at any time to take or kill any young sturgeon under four feet in length, or fish for the same by any device or appliance whatever in the waters ot the Columbia river or tributaries thereof, and any person or persons fishing Math gill nets, fish wheels or other fish- ing apparatus whatever in the waters of the Columbia river or tributaries thereof, who on lifting, drawing, taking up or removing any of said nets, or other fishing apparatus, shall find young sturgeon under four feet in length en- tangled or caught therein, shall immediately, with care and the least possible injury to the fish, disentangle and let loose the same and transmit the fish to the water without violence. Any person or persons violating any of the pro- visions of this section, or having in their possession young Fish, Oyster and Game Lares 39 sturgeon under four feet in length, either for consupmtion or sale, or who is known to wilfully destroy the same, for so offending shall, on conviction thereof, be punished with a fine of ten dollars for each and every fish so caught, sold or destroyed. (Laws 1899, p. 271, § 2; P. C, § 5308). 71. Chinese Lines Prohibited — Penalty. It shall be unlawful to cast, extend, set. use or continue or assist in casting, extending or using any Chinese stur- geon lines, or lines of a similar character, in the waters of this state. The Fish Commissioner and any deputies are hereby authorized to seize and destroy any such lines found in said waters, and they are hereby authorized to arrest forthwith any person or persons detected in setting or using any Chinese sturgeon lines, or lines of similar character, in the waters of this state. Any person violating any of the provisions of this section shall be fined in a sum not less than twenty-five dollars and not more than one hundred dollars. (Laws 1899, p. 272, § 3; P. C, § 5309). FOR THE PROTECTION OF TROUT AND OTHER GAME FISH. 72. Close Season. Until after the first day of August. 1908, it shall be un- lawful for any person to take from the streams or lakes of the State of Washington any trout or other game fish for the purpose of selling, salting or otherwise preserving the same: Provided. This section shall not apply to salmon trout in streams west of the Cascade range. (Laws 1903, p. 189, §1). 73. Penalty. Any jjerson violating the provisions of the first section of this act shall be guilty of a misdemeanor and subject to a fine of not less than fifty dollars ($50), or imprisonment of not less than thirty days, or botli. (Laws 1903, p. 190, §2). 40 State of Washington 74. Unlawful to Have in Possession for Transportation or Market. It shall be unlawful for any person, firm, company, part- nership or corporation to transport or have in their posses- sion for the purpose of transportation or for the market any trout or . game fish within the State of Washington. Possession of any of said fish by any of said persons herein named shall be presumptive evidence that said fish are possessed for the purpose of sale in the market: Provided, That nothing in this act shall be construed to be in conflict with the provisions of an act passed March 18, 1901, relat- ing to the establishment and maintenance of private fish hatcheries, known as chapter 153, Laws of 1901. (Laws 1903, p. 190, §3). 75. Penalty. Any steamboat or other transportation company violat- ing section three of this act shall be guilty of a misde- meanor and shall be subject to a fine or imprisonment as provided in section two of this act. (Laws 1903, p. 190, §4). 76. Providing a Closed Season for Trout Fishing in Chelan County. It shall not be lawful for any person or persons to take, capture, catch or kill from any of the lakes or streams within the county of Chelan, or to have in their possession after the same have been taken, captured, caught or killed, any trout between the first day of April and the tenth day of June in each year: Provided, That it shall be lawful to take with hook and line only, from Lake Chelan in said county, at any time of the year, except between the 1st day of April and the 10th day of June, trout not exceeding in amount that which shall be actually used as food at home or in camp along the shore of said lake: And provided further. That it shall be unlawful to waste, sell, salt or Fish^ Oyster and Game Laws 41 pack for future use any trout taken from any of the waters of said Chelan county: And provided further, That it shall be unlawful for any person to fish with spawn or trout eggs in said lake or any of the streams emptying into it, and that it shall be unlawful to fish or take fish in any or at any time from any stream tributary to Lake Chelan on which a state hatchery is located. (Chapter 232, Laws 1907). 77. Penalty. Any person violating the provisions of this act shall be guilty of a misdemeanor and subject to a fine of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100). (Laws 1903, p. 54, §2). 78. Repeal. All other laws relating to the close season for trout and other game fish shall be inoperative in the said county of Chelan after passage of this act. (Laws 1903, p. 54, § 3). 79. When Trout May Not Be Taken. Every person who shall, within the State of Washington, during the months of November, December, January, Feb- ruary and March of each year, take, catch, kill or have in their possession any brook trout [or] mountain trout shall be deemed guilty of a misdemeanor. Every person who shall take, catch, kill or have in their possession any of the food fishes implanted in the creeks, rivers, lakes or bays of the State of Washington, except for propagating the same, for a period of three years after the same shall have been implanted, shall be guilty of a misdemeanor. (Laws 1895; 2 Bal. C, §7373; P. C, §5305). 80. Trout to be Taken Only With Hook and Line. Every person who shall within the State of Washington, catch or destroy, with any seine, net, weir, trap, or other device other than hook and line any mountain trout, brook trout, bull trout, or salmon trout, in any of the waters of 42 State of Wasliington the State of Washington, shall be guilty of a misdemeanor. (Laws 1891; 2 Bal. C, §7374; P. C, §5306). 81. Possession Presumption of Unlawful Taking. Every person who shall, within the State of Washing- ton, have in his possession any of the animals, fowls, birds or fish mentioned in section 76 of this code, at any time when by any of said sections it is made unlawful to take or kill the same, shall be guilty of a misdemeanor; and proof of possession by any person of the aforesaid animals, fowls, birds or fish, when it is unlawful to take or kill the same, shall be prima facie evidence that the animals, fowls, birds or fish were unlawfully taken or killed by the person having possession of the same, within the county wherein the same may be found: Provided, That nothing in this article shall prohibit any person from taming or keeping for the purpose of propagation or curiosity any of the animals, fowls, or birds mentioned therein. (Laws 1891; 2 Bal. C, §7375). 82. Penalty for Violation. Every person who shall, within the State of Washington, be convicted of a violation of any of the provisions of sec- tions 76 and 77, shall be punished by a fine of not less than ten dollars and not more than three hundred dollars, together with the costs of the prosecution, or imprisonment in the county jail where the offense is committed not less than five days nor more than three months, or both such fine and imprisonment. One-half of all the moneys col- lected from such fines for a violation of any of the provi- sions of said sections shall be paid to the informer, and one-half to the county in which the case is prosecuted. (Laws 1888; 2 Bal. C, §7376). 83. Protection of Bass, Perch, Pickerel and Pike — Closed Season. It shall not be lawful for any person or persons to take, capture, catch or kill in any of the lakes or streams in this Fish, Oyster and Game Laics 43 state, or have in their possession after the same has been taken, captured, caught or killed, any bass, perch, pickerel or pike, between the 15th daj^ of May and the 1st day of July of each and every year. (Laws 1901, p. 324, § 1; P. C, §5310). 84. Bass, Perch, Pickerel and Pike to Be Taken Only With Hook and Line. It shall not be lawful at any time to take, capture, catch or kill any bass, perch, pickerel or pike in any of the lakes or streams of this state by the use of any device or in any other manner than with hook and line. (Laws 1901, p. 324, § 2; P. C, §5311). 85. Protection of Bass, Perch, Pickerel and Pike — Penalty. Upon conviction of any violation of this act the person or persons so convicted shall be punished by a fine of not less than ten dollars, nor more than fifty dollars. (Laws 1901, p. 324, §3; P. C, §5312). 86. Protection of Trout, Bass, Perch, Pickerel and Pike in Counties Lying East of Western Boundary of Okanogan, Chelan, Kittitas, Yakima, and Klickitat. It shall be unlawful for any person in the State of Washington in any of the counties lying east of the west- ern boundary of the counties of Okanogan, Chelan, Kitti- tas, Yakima, and Klickitat, to take, capture, catch or kill in any of the lakes or streams therein, or have in their possession after the same has been so unlawfully taken, any trout, bass, perch, pickerel or pike, between the first day of November and the first day of May of the following year. It shall be unlawful for any person to sell or offer for sale or for any person to purchase any trout, bass, or other game fish at any season of the year: Provided, That this section shall not apply to fish taken from private hatch- eries. 44 State of Washington It shall be unlawful for any person at any time to take, capture, catch or kill any trout except native mountain brook trout or bass in the waters hereinabove described which shall be less than six inches in length, and any such fish which may be accidentally caught shall be immediately returned to the water. It shall be unlawful for any person to take, capture, catch or kill more than twenty pounds of trout, bass or perch in any one day and no person shall have in his or her possession at any time more than thirty pounds of such trout, bass or perch, which may have been caught in the waters above described. Any person who shall violate any of the provisions of this act shall be guilty of a misdemeanor and upon con- viction shall be fined not less than ten dollars nor more than two hundred dollars, together with the costs of prose- cution of such action, and in default of the payment of any fine imposed under this act, shall be imprisoned in the County jail one day for each two dollars of such fine. All laws or parts of laws in conflict with the provisions of this act are hereby repealed: Provided, That this act shall not apply to Garfield or Columbia counties. (Laws of 1909, chapter 149). 87. Wire Screens at Head of Canals, Ditches and Flumes. That any person or persons, company or corporation owning, operating or controlling any canal, ditch or flume used for irrigating purposes shall erect on streams where state fish hatcheries are located and keep at the head of every such canal, ditch or flume, a wire screen or grill; the design and construction of the same shall be under the direction and approval of the State Fish Commissioner; said wire screen or grill shall be well constructed, and the meshes of said screen or grill shall not be farther apart than one-fourth of one inch, and shall be securely placed in the head of every such channel, flume or ditch, so as to prevent the ingress of any mountain trout or other food Fish, Ouster and Game Laws 45 fishes from any of the lakes or streams of this state. (Laws 1905). 88. Penalty. Any person or persons, company or corporation, or any agent of any company or corporation, violating any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than fifty, nor more than five hundred dollars. (Laws 1905). 89. Providing for the Destruction of Seals and Sea Lions on the Columbia River. There is hereby appropriated out of the general fund in the state treasury, not otherwise appropriated, the sum of one thousand dollars to be expended under the super- vision of the State Fish Commissioner for the destruction of seals and sea lions in the Columbia river and in the vicinity of the mouth thereof. (Laws 1909, chapter 155). 90. Extermination of Cougar, Wild-Cat, Lynx, Coyote and Timber Wolf, and Payment of Bounties for Such Ex- termination, Providing Penalties, and Making an Appropriation Therefor. Any person who shall kill any cougar, lynx, wild-cat, coyote or timber wolf in the State of Washington shall be entitled to a bounty therefor as follows: For each cougar, twenty dollars ($20.00) ; for each lynx or wild-cat, five dol- lars ($5.00) ; for each coyote, one dollar ($1.00) ; and for each timber wolf, fifteen dollars ($15.00). Upon the production to the county auditor of any county of the entire hide or pelt and right fore leg to the knee joint intact of any cougar, lynx, wild-cat, coyote or timber wolf, killed in such county, each of which hides or pelts shall show two ears, eye holes, skin to tip of nose, and right fore leg to the knee joint intact, the county auditor shall require satisfactory proof that such animal was killed 46 Kit (lie of Washington in such county. When the county auditor is satisfied that such animal was killed in his county, he shall cut from such hide or pelt the bone of the right fore leg to the knee as aforesaid which shall be burned in the pi-esence of such auditor and one other county official, who shall certify to the date and place of such burning. Any person or persons obtaining or attempting to obtain said bounty on the hide or pelts of any cougar, wild-cat, lynx, coyote or timber wolf, killed more than thirty days prior to the date of obtaining or attempting to obtain said bounty or that was killed outside of the boundaries of the county in which the same was offered, or make any other false or fraudulent representation for the purpose of ob- taining such bounty, shall be guilty of a felony and upon conviction thereof shall be imprisoned in the state peni- tentiary for a period of time not to exceed five years, or shall be punished by a fine of not less than five hundred dollars nor more than five thousand dollars, or by both such fine and imprisonment at the discretion of the court. The amount paid by any county for scalps under this act shall be credited to it by the State Auditor upon receipt by the State Auditor of a sworn statement from the county auditor as to the amount of warrants issued under the pro- visions of this act in said county, which statement shall be tendered to the State Auditor by each county quarterly, and the State Auditor shall make a charge against the gen- eral fund of the state for any such credits: Provided, That the credits herein provided for shall not exceed twenty-five thousand dollars ($25,000) for each biennial period. (Laws of 1909, Chap. 193). 91. Riparian Proprietor iVIay Establish Private Hatchery. Any riparian proprietor may establish a private fish hatchery for the cultivation of food fishes, and for such purpose and use may, within the limits of his premises, inclose the waters of any river or stream or lake in this state, subject to the conditions and regulations hereinafter Fish, Oyster and Game Laws 47 j^rovided; and any person lawfully conducting any such private fish hatchery and engaged in the artificial propa- gation, culture and maintenance of fishes, may take them in his own inclosed waters wherein the same are so culti- vated and maintained at any time and for any purpose. (Laws 1901, p. 318, § 1). 92. Private Hatchery — Passageway for Migratory Fish — Passageway for Boats, Etc. — Exceptions. Any person, firm or corporation establishing a private fish hatchery and inclosing the waters of a river or stream, as provided in section 1 of this act shall provide and fur- nish a suitable passageway along said hatchery for migra- tory fishes naturally frequenting such waters, above and below such hatchery, and shall so place and construct said Inclosure as to allow the passage of boats, saw logs, shingle bolts, cordwood, fencing posts or rails, without unreason- able delay, when such inclosure is upon a river or a stream navigable and generally used for the navigation of boats, or for the floating down of logs, fencing posts, or rails: Provided, That if the person, firm or corporation inclosing the waters of a river or stream, as herein provided, is the sole riparian proprietor thereof from such inclosure to and including the source of such river or stream, such person, firm or corporation shall be excepted from the operation of this section, and shall not be required to furnish any passageway for fish or for boats, logs, fencing or other material. (Laws 1901, p. 318, §2). 93, Private Hatchery Defined. Any person, firm or corporation engaged in the business of taking fish spawn and the artificial hatching thereof, or in the raising of fry and fish therefrom, in any of the waters or streams of this state, shall be deemed to be con- ducting a private fish hatchery under the terms of this act. (Laws 1901, p. 319, §3). 48 State of Washington 94. Sale of Fish from Private Hatchery Prohibited, Unless Location, etc., Be Approved, and Same Licensed. No fish spawn, fry or fish from any private fish hatchery shall be sold under the terms of this act, unless the loca- tion and plan of such hatchery, including the character and size of fishway and passageway, be approved by the Fish Commissioner, and the same duly licensed as a pri- vate fish hatchery. (Laws 1901, p. 319, §4). 95. When Fish IViay Be Sold. The product of such fish hatchery, fish spawn, fry and fish may be sold at any time of the year by such hatchery or their then vendees after having first complied with the terms of this act and the regulations of the Fish Commis- sioner in relation thereto. (Laws 1901, p. 319, §5). 96. License Fee. Each private fish hatchery, before it shall be entitled to the benefits of this act, shall pay an annual license fee of $25 to the Fish Commissioner. (Laws 1901, p. 319, § 6). 97. Reports to Fish Commissioner. It shall be the duty of the superintendent or person in charge of any private fish hatchery to make a quarterly report to the State Fish Commissioner of the amount of spawn, fry and number of fish sold, and the name and address of the party receiving the same. It shall be the duty of each person, firm or corporation affected by the provisions of section 8 to render to the Fish Commissioner of the State of Washington a quarterly report giving a de- tailed statement showing the amount of spawn, fry and number of fish received from any private hatchery, and giving the name and postoffice address of the superintend- ent or manager of the same. (Laws 1901, p. 319, §7). Fish, Oyster and Game Laws 49 98. License Fees for Business of Buying, Packing, Sell- ing, Etc. Every person, firm or corporation engaged in the busi- ness of buying and selling, packing and preserving, or otherwise dealing in trout or other food fish obtained from private hatcheries of this state, shall procure a license for such business from the Fish Commissioner of the state and shall pay an annual license fee of $2.50. (Laws 1901, p. 320, §8). 99. Unlawful to Take Fish Without Permission of Pro- prietor of Private Hatchery. No person shall take fish in any manner from the In- closed portion of any river, stream, pond or other water in which a private fish hatchery is located, or in which fish are artificially propagated, cultivated and maintained under the provisions of this act, without permission of the owner or proprietor of such hatchery. (Laws 1901, p. 320, §9). 100. Fish and Game Protection Fund. All moneys collected for licenses and fines under the provisions of this act shall be turned into the state treas- ury and placed in the fish and game protection fund. (Laws 1901, p. 320, §10). 101. Penalty. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be punished by imprisonment in the county jail for a period not to exceed six months or by a fine not more than $500 or by both such fine and imprison- ment. (Laws 1901, p. 320, §11). 102. Tags or Brands on Fish Sold. The State Fish Commissioner shall have authority to require tags, branding or other device attached to all fish sold from private hatcheries. (Laws 1901, p. 320, §12). —4 50 State of Washington 103. Repealing Clause. All acts and parts of acts in conflict with the provisions of this act are herel^y repealed. (Laws 1901, p. 320, §13). OYSTER LAWS. CREATING A STATE OYSTER COMMISSION, A STATE OYSTER FUND, AND MAKING AN APPRO- PRIATION THEREFOR. 104. Commission. There is hereby created a State Oyster Commission to consist of the Governor, Commissioner of Public Lands and the Fish Commissioner. (Laws 1903, p. 340, §1). 105. Records. The Commissioner of Public Lands shall be the secre- tary of said commission, which secretary shall keep a true, full and correct record of all meetings of said commission. Said records shall be kept in the office of the Commissioner of Public Lands and shall be public records open for in- spection of the public during office hours. (Laws 1903, p. 340, § 2). 106. Meetings. The said commission shall regularly meet on the first Tuesday in January, April and October of each year, at the office of said commission, and at such other times as the chairman of said commission may call and direct. (Laws 1903, p. 340, § 3). 107. Quorum. A majority of said commission shall constitute a quorum to do business on all questions arising or coming before said commission. A decision of a majority of the members of said commission shall be valid as the act. Fish, Oyster and Game Laics 51 ruling, judgment or decision of said commission. (Laws 1903, p. 340, §4). 108. Duties and Powers. It shall be the duty of the State Oyster Commission, and they shall have power to: 1. Examine all existing oyster reserves and to do or cause to be done such things as may be deemed advisable, to conserve, protect and develop said reserves as now established and that may be hereafter established, and to make such rules and regulations as may be found nec- essary or desirable to carry into effect the provisions of this act. 2. To immediately examine all tide or oyster lands belonging to the state (except tide lands of the first class and lands hereinabove provided for), and to survey, plat and establish {hereon what shall be and constitute oyster reserves for the future. 3. To cause a survey or re-survey of all the state oyster land reserves now existing or to be established by the said commission, to be made before the first day of October, 1903, or as soon thereafter as possible, and shall have each angle of the boundary line indicated by a stone not less than one hundred pounds in weight and marked with the letters S. R. cut thereon in letters not less than three inches long and one-half inch deep, and to cause all oyster reserves to be platted, said plats to be filed in the office of the Commissioner of Public Lands and in the office of the auditor of the county wherein said reserves are located; and in cases where the adjoining lands are used in whole or in part by private individuals for the pro- duction of oysters, stakes shall be kept standing on all of the angles of the boundary, the tops of which shall be at least four feet above high tide. 4. Said commission may, when it seems to them ad- visable, close any portion of any of the reserves against the removal of oysters for any period of time, not longer 52 State of Washington than two years at one time: Provided, That such closed periods may be thereafter renewed, from time to time, not exceeding in all four years, by the commission. 5. To care for and protect all reserves and to reseed and replant such as are in need of seed. 6. To employ such patrolmen and deputies as may be necessary for the protection of oyster reserves and to col- lect licenses and payment for seed oysters and to define their duties. (Laws 1903, p. 341, §5). 109. Not to Be Sold or Leased. The tide lands within all oyster reserves established and surveyed and platted by said State Oyster Commission shall be forever reserved from sale or lease. (Laws 1903, p. 341, §6). 110. License to Take Oysters. , Any person, persons or corporation may secure a license from the State Oyster Commission to take from the oyster land reserves oysters to be used for seed purposes only, and upon the terms and conditions hereinafter provided for. (L. '03, sec. 7, p. 341). 111. License to Specify Time for Taking Seed. No license shall be granted to take seed from any oyster land reserve except between the first day of April and the fifteenth day of June of each year, and at no time before five o'clock in the morning, or after eight o'clock in the evening; and no person, persons or corporation shall take from the state oyster land reserves an amount of oysters to exceed five hundred sacks to each acre prepared for seeding, and all seed taken from the state's oyster land reserves under the provisions of this act must be used upon the lands situated in the State of Washington and described in the application for license. Any person, com- pan3^ or corporation desiring to take oysters from the state's oyster land reserves for the purpose of seeding his, her or their oyster beds, may make application to the State Fish, Oyster and Game Laws 53 Oyster Commission for a license so to do, said application to be made upon forms to be provided by said State Oyster Commission in substance as follows: It shall show the date when made; the name of the person, company or cor- poration making the same; a description of the land upon which the oysters are to be placed, said description of land to show the county, township, name of bay or inlet where land is located; state the amount of land prepared for seed- ing, and how prepared; whether the same is diked or not; whether it is hard ground or mud ground; whether any crust or shell, sand or other substance has been formed to protect the seed oysters. The applicant must state in ap- plication the number of sacks of oysters desired to be taken under the license, which amount must not exceed five hundred sacks per acre for all ground property pre- pared to receive them. Where the applicant desires the license to be made in the name of any other person than himself or themselves or his or their agent, he shall so state. And no person, firm or corporation shall take oysters from any of the reserves in this state without first having procured a license so to do. The applicant must agree to pay to the State Oyster Commission, under such rules as they may prescribe, the sum of twenty-five cents per sack on Puget Sound and ten cents per sack in all other places for all oysters taken under the license and in all other things to comply with the rules and regula- tions governing the taking of oysters from the oyster land reserves as set forth in the license; and that all oysters taken in pursuance of the license shall be put on the ground described in the application. Every applicant shall declare upon oath or affirmation that the application is made in good faith, and that all things stated therein are true. (Laws 1903, p. 342, §8). 112. Granting of License. When the application is made to the State Oyster Com- mission for permission to take oysters from the state 54 State of Washington oj'Ster land reserves, and such application is made accord- ing to the provisions of this act, the said commission shall grant such applicant a license to go upon any of the state's oyster land reserves that are not closed to operation, and take therefrom oysters for the use set forth in the applica- tion and for no other. Said license shall contain the privi- leges and prohibitions provided for in this act, and such rules and regulations as may have been adopted by the commission for the regulation of the business of taking oysters from the oyster land reserves. (Lavi^s 1903, p. 343, §9). 113. Definition of Word "Sack." Whenever the word sack is used in this act it shall be considered to mean a quantity equal in weight to one hun- dred and twenty pounds. (Laws 1903, p. 343, §10). 114. License Fee. Every person applying for a license under the provi- sions of this act shall pay to the State Oyster Commission five dollars before the license shall be issued. (Laws 1903, p. 343, §11). 115. Oyster Fund. There hereby is created a fund to be known as the oyster fund, and all moneys received from the disposal of seed oysters on the reserves or any part thereof or any of the products thereof, or for license to operate thereon and appropriation herein made shall go into this fund, and all expense incurred on account of the state oyster land reserves shall be paid from this fund, by warrants drawn upon the funds in the same manner as is pursued in other state funds. (Laws 1903, p. 343, §12). 116. Penalty for Violations. If any person or persons shall take oysters from any of the state oyster land reserves contrary to the provisions of this act, or shall go upon said reserves and rake up, Fish, Oyster and Game Laxcs 55 or otherwise prepare oysters to facilitate the taking of same, shall be guilty of a misdemeanor and upon convic- tion thereof shall be fined in a sum not less than one hun- dred dollars, and imprisonment for a term of not more than one year, and forfeit any license he or she may then hold. (Laws 1903, p. 343, §13). 117. Appropriation. For the purpose of carrying out the provisions of this act, the sum of five thousand dollars, or so much thereof as may be necessary, is hereby appropriated from the general fund of the state into the oyster fund: Provided, however, That within two years from the date of the pas- sage of this act, the amount hereby appropriated shall be reimbursed by the oyster fund to the general fund, and thereafter fifty per cent, of the amount received for licenses and receipts for seed shall be paid into the state general fund. (Laws 1903, p. 344, §14). 118. Emergency. An emergency exists and this act shall take effect Im- mediately. (Laws 1903, p. 344, §15). HOW OYSTER LANDS ARE ACQUIRED. 119. Acquisition of Lands for Planting — Survey, Etc. It shall be lawful for any person who is entitled to purchase tide lands pursuant to the act of March twenty- sixth, eighteen hundred and ninety, as being an occupant of land ijlanted with oysters, to survey or cause to be sur- veyed at his own expense, the land that pursuant to said act he is entitled to purchase, not exceeding one hundred acres in area: Provided, That the party making applica- tion to purchase under the provisions of this article shall accompany such application with a certificate under oath to the effect that the lands purchased under the provisions of this article shall be used for oyster planting purposes 56 State of Washington only. Survey and description in duplicate of such tract shall be subject to the direction, oversight and approval of the Board of State Land Commissioners, and one descrip- tion of said tract as surveyed shall be filed with and be recorded by the county auditor of the county in which said tide lands are situated, in a book kept by him for such special purpose, and a duplicate description in the office of the Commissioner of Public Lands. (Laws 1895, p. 36, §§1-2; 1 Bal. C, §2235; P. C, §§6836-6837). 120. Price Per Acre — Survey Lines of. The survey of lands, as provided in the foregoing sec- tion of this article, may not be required to follow the lines of United States government survey, but may follow the direction of the oyster beds actually occupied by the party proposing to purchase the same; the persons entitled to purchase such oyster beds under the provisions of this article may purchase the same at the rate of one dollar and twenty-five cents per acre, one-fourth of which price shall be paid at the time of making such purx;hase, and the remaining three-fourths in three equal annual payments, each of which sums shall draw interest at the rate of eight per cent, per annum, the unpaid portions remaining as a lien upon said land until all payments shall be made in full, and the purchaser shall thereupon be entitled to a deed of the same. Said deed shall be executed by the Governor, attested by the Secretary of State with the se&l of the state thereto attached, which deed shall contain the conditions of defeasance in this article provided. (Laws 1895, p. 36, §3: Bal. C, §2236; P. C. §6838). 12L Prior Right of Actual Occupant— 7Application to Pur- chase. Any person having the right to purchase such tide lands as provided by this article, and being an actual occupant of the same, shall have the jirior right to purchase for a period of six months from and after the passage of this Fish, Oyster and Game Laws 57 act and its being signed and approved by the Governor. Upon the filing of a description of the survey of such land, as provided for by the foregoing sections of this article, the person or persons having occupied or desiring to oc- cupy such lands as described in paragraph 117, may file with the Commissioner of Public Lands an application to purchase such lands, together with a description of the lands applied for, by metes and bounds, and upon the re- ceipt of the same the Commissioner of Public Lands shall, at the expense of the applicant, publish or cause to be pub- lished, for three successive weeks in any newspaper of general circulation printed and published in the county where such lands are situated, a notice of such application to purchase, giving therein a description of lands applied for. During the next thirty days following the last pub- lication of said notice, any person claiming a prior right to purchase such tide lands may file with -the Commissioner of Public Lands a contest for the purpose of establishing a prior right to purchase, or, upon petition of ten citizens who shall be residents of the county wherein such contest shall be upon the right of applicant to purchase, as pro- vided in the foregoing sections of this article. If the party making contest shall fail to establish a prior right to pur- chase, said party shall be liable for the costs resulting direct from such contest, except private attorney fees, and the sum of such cost shall be paid by such contestant into the state treasury department, and, upon such payment being made, shall be entitled to a receipt for the same. (Laws 1895, p. 37, §§4, 5; 1 Bal. C, §2237; P. C. §§6839- 6840). 122. Construction. This act shall in no manner apply to the provisions of the act of March twenty-sixth, eighteen hundred and ninety, providing for the appraisal and disposition of tide and shore lands in the State of Washington, except as far as it relates to lands actually- used or to be used for the pur- 58 State of Washington pose of oyster planting. (Laws 1895, p. 38, §6; 1 Bal. C, §2238; P. C, §6841). 123. Right to Purchase. Any ijei'son desiring to purchase tide lands for the pur- poses of oyster planting rriay purchase tide lands of the third class not included in any natural oyster beds or any reserve pursuant to the provisions of this article, iu sub- ordination of any pre-emption right confirmed by said act of March twenty-sixth, eighteen hundred and ninety. Noth- ing in this article shall be construed so as to effect [affect] the preference right of shore or upland owners or im- provers, as conferred by the provisions of said act or other provisions of law. (Laws 1895, p. 38, § 7; 1 Bal. C, § 2239; P. C, §6842). 124. Persons Authorized to Purchase — Abandonment. No person shall be entitled, directly or indirectly, to the privileges of this article who is not an actual resident and citizen of the United States and State of Washington, and no person not a citizen of the State of Washington shall be competent to acquire deeds to any lands sold by the state under the provisions of this article: Provided, That any citizen of the United States and not a citizen of the State of Washington, or any corporation organized under the laws of any other state other than the State of Washington, that has planted and cultivated and planted in oysters any tract or tracts or parcels of such lands for the period of five years next preceding January first, eigh- teen hundred and ninety-five, shall have the exclusive right to purchase such tract or tracts or parcels of land so planted and cultivated as aforesaid, but not exceeding one hundred acres in the aggregate, such prior right to be within six months after the approval of this act. And failure to make application to purchase said lands within six months by such person or corporation shall forfeit the right hereby granted to such person or corporation to pur- Fish, Oyster and Game Lazes 59 chase any such lands. If from any cause any tract or tracts or parcel or parcels of land purchased under the provisions of this article shall become unfit and valueless for the purpose of oyster planting, the party having so purchased and being in possession of the same may, upon certifying such facts under oath to the Commissioner of Public Lands and to the auditor of the county wherein such lands are situated, and also upon filing under oath a cer- tificate of abandonment of such tract or tracts, parcel or parcels of land, in the office of each of said officials, such party shall then be entitled to again make purchase as hereinbefore provided; or if said land be used by the pur- chaser or any successors in interest of such purchaser in whole or in part for other than the purposes specified in this article, then upon application by any citizen to the State Land Commissioner such sale may be canceled, and the said land shall revert to the state and shall be subject to sale as herein provided, but not to such defaulting pur- chaser or such defaulting successor in interest. (Laws 1895, p. 38, S§8, 9; 1 Bal. C, §2240; P. C, §§6843-6844). 125. Construction. The provisions of this article shall not apply to such lands as have already been surveyed, appraised and platted. (Laws 1895, p. 39, §10; 1 Bal. C, §2241; P. C, §6845). SALE OF OYSTER LAND. 126. Rights to Purchase. All persons having the qualifications provided by law to enable them to purchase tide lands within the State of Washington, and who prior to March 26, 1890, in good faith entered upon tide lands not in front of any incorporated city or town, nor within two miles thereof on either side, and planted and cultivated thereon artificial oyster beds, and who continued to occupy and work the same continu- 60 State of Washington ously and in good faith to March 26, 1890, and ever since said date, and who are now in possession of alid working said oyster beds in good faith, shall be permitted to pur- chase the same for the purpose of cultivating oysters there- on, and for no other purpose, whether said tracts were orig- inally covered by alleged natural oyster beds or not; and where, notwithstanding such prior occupancy and cultiva- tion, any tract or tracts so occupied prior to March 26, 1890, shall since such date have been reserved from sale or lease as natural oyster beds, the person or persons or their assigns who planted, occupied and cultivated such JM'tificial beds, may, by complying with provisions of law touching the sale of artificial oyster beds and paying the value thereof fixed by the State of Washington, be and they are hereby entitled to receive a deed, subject to all the provisions of this article, to such tract or tracts not exceeding in area forty acres to any one person, as they so in good faith improved as such artificial oyster beds prior to March 26, 1890. (Laws 1895, p. 39, §1; 1 Bal. C, §2242; P. C, § 6834). 127. Conditional Reversion to the State. It shall be expressly provided in the deed of conveyance of any such oyster bed, and the tide land covered thereby, that said land, at the time of conveyance, is not in front of any incorporated city or town, nor within two miles thereof on either side and that the said land is not now used for purposes of trade or commerce; that if at any time after the granting of said deed the land described therein shall cause [cease] to be used for the purpose of an artificial oyster bed, it shall thereupon revert to, and be- come the property of the State of Washington, and that the same is conveyed to the grantee only for the purpose of cul- tivating oysters thereon, and the State of Washington here- by reserves the right to enter upon and take possession of said tract or tracts if at any time the same is used for any other purpose than the cultivation of oysters; and the State Fish, Oyster and Game Lazes 61 of Washington reserves the further right to enter upon and take possession of any tide lands sold under the pro- visions of this and the last section, at any time when it desires, upon paying to the then owner or occupant the original purchase price of the lands, together with the value of the improvements erected thereon, the then value of his artificial oyster beds and improvements erected there- on, in connection with the carrying on of the raising and propagation of oysters by artificial cultivation. (Laws 1895, p. 40, §2; 1 Bal. C, §2243; P. C, §6835). 128. Survey, Classification, Appraisement of Oyster Seeds in Jefferson County, Etc. The state oyster commission is hereby authorized and directed to cause a re-survey and appraisement of the state oyster land reserves of Jefferson county, and to file plats thereof in the manner now provided by law, and to indicate thereupon all such portions thereof as are natural oyster beds, which shall be classified as first class. That after the survey and filing of the plat as herein- before provided for, and upon application of any person or persons, for. purchase of any portion of the said land, other than first class, the said state oyster commission shall cause notice thereof to be given in the manner now pro- vided by law for the sale of other tide lands, and at the time and place designated in said notice, shall proceed to sell the same at public auction, to the highest bidder, the same not to be sold at less than the appraised value: Pro- vided, That no more than fifty acres shall be sold to any one individual or corporation: And provided further, That payment may be made for said land in cash or upon the following terms, to-wit: One-tenth cash to be paid at time of sale, and the balance of the purchase price in deferred payments of nine equal annual payments, with interest on all deferred payments, at the rate of six per cent, per annum. 62 State of Washington Nothing in this act contained shall change, modify or repeal any existing provisions of the general law relating to the sale and use of tide lands for the culture of oysters or other shell fish, but shall be additional thereto and con- current therewith, and all sales of tide lands made here- under for the purpose of the culture of oysters or other shell fish shall be subject to like conditions and revisions prescribed by existing laws for similar lands sold for like purposes. For the purpose of carrying out the provisions of this act, the sum of $2,000, or so much thereof as may be neces- sary is hereby appropriated from the general fund of the state: Provided, however, That from the proceeds of the sale of any such lands, the amount appropriated or so much thereof as may be used for the purpose hereinbefore pro- vided, shall be reimbursed to the state general fund, and thereafter fifty per cent, of the amount received from the sales of any such lands shall be paid into the state general fund and fifty per cent, shall be paid into a fund used for the improvement, protection and supervision of the state oyster reserves. (Chapter 208, Laws 1907). OYSTER BEDS— PROPAGATION AND GATHERING OF OYSTERS. 129. Acquisition by Discovery of Oyster Beds. Any person or persons, being a citizen or citizens of the United States, who shall discover any bed or beds of oysters in any bay or arm of the sea bordering upon this state, that has not been before discovered, shall, by right of said discovery, be entitled to the exclusive right or privi- lege of gathering or dredging oysters on said bed or beds for the term of five years. The person or persons making such discovery, who desires to avail himself of the rights and privileges hereby granted, shall be required to desig- nate the place and area of the bed or beds so discovered, Fish, Oyster and Game Laws 63 with stakes or other artificial marks, and shall make affi- davit before the county auditor of the county in which such discovery has been made that he located the premises so discovered, accompanied by a description and diagram of the same, which shall be filed in the office of said county auditor: Provided, That the restriction and protection of the discoveries shall be ten acres. (1 Bal. C, § 3362; P. C, §1830). 130. Penalty for Gathering Oysters From Bed Located by Another. It shall not be lawful for any person to gather oysters by any means on any beds located in accordance with the preceding section, except at the option and by the permis- sion of the party or parties holding the same, under a penalty of five hundred dollars fine for so offending, or imprisonment, to be recovered in a civil action, to be brought in the name of the state. (1 Bal. C, §3363; P. C, §1831). 131. Time Allowed in Which to Remove Oyster Beds. Any person who has prior to the twenty-sixth day of March, Anno Domini eighteen hundred and ninety, planted oyster beds upon any of the tide or shore lands of this state, shall be granted a period of not less than six months and not more than three years after said land has been sold by the state, to remove the same, the time to be determined by the Commissioner of Public Lands. And any person shall have the exclusive possession of said tide or shore lands during the time that he has to remove the said oysters under the provisions of this act: Provided, That in case any planter of oysters shall fail within the time allotted to remove the said oysters, he shall be deemed to forfeit the same to the purchaser or owner of said lands: Provided, That this shall not apply to tide lands within two miles of an incorporated city. (Laws 1891; J Bal C. §3364; P. C, § 6849). 64 State of Washington 132. Word "Person" Construed. Whenever the word "person" is used in this act, it shall be deemed to mean person, persons, firm or corpora- tion. (Laws 1891; 1 Bal. C, §3365; P. C, §6850). 133. Planter's Rights. When any person has, acting in good faith, planted oysters on any tide or shore lands not containing any bed of natural oysters belonging to the State of Washington, and not otherwise occupied for purposes of trade or com- merce, such oysters shall, pending the sale, lease or reser- vation of such lands by the state, be considered as per- sonal property, and the unauthorized taking of the same shall subject the offender to civil and criminal prosecution as in any similar case of violation of property rights: Pro- vided, That the grounds holding the oysters have been kept suitably marked by stakes or other landmarks; but such stakes or other landmarks having been removed by acci- dent or design shall not excuse any person from wrong- fully taking the oysters thereby marked if he knew the grounds to have been planted with oysters. (Laws 1895, p. 46, §1; l^Bal. C, §3366; P. C, §6851). 134. Deep-Water Planting. When any person has, acting in good faith, planted oysters on any grounds lying deeper than the level of the water, said grounds being under the jurisdiction of the State of Washington, and not otherwise occupied for the purpose of trade or commerce, such oysters shall, pending the sale, lease or reservation of such lands by the State of Washington, be considered as personal property, and the unauthorized taking of the same shall subject the offender to civil and criminal prosecution as in any similar case of violation of property rights: Provided, That the grounds holding the oysters have been kept suitably marked by stakes or other landmarks, but such stakes or other land- marks having been removed by accident or design shall Fish, Oyster and Game Laws 65 not excuse any person for wrongfully taking the oysters thereby marked if he knew the grounds to have been planted with oysters. (Laws 1895, p. 46, §3; 1 Bal. C, §3367; P. C, §6852). 135. This Article Confers No Right to Purchase. Nothing in this article shall be construed as giving any prior or exclusive right of purchase or lease from the State of Washington of any shore and tide land or deeper lands when the same may or shall be disposed of by the state or offered by the state for sale or lease, nor shall it be construed as in any way removing, diminishing or affect- ing any such rights heretofore provided for by an act, or hereafter to be provided for by an act; neither shall this article be in any way amendatory to an act entitled "An act to protect persons who have planted oysters upon tide and shore lands prior to March twenty-sixth, eighteen hun- dred and ninety." (Laws 1895, p. 47, § 3; 1 Bal. C, § 3368; P. C, §6853). 136. Penalty for Removing Oysters. Any person who shall, without due authority, remove oysters belonging to any other person, either from plant beds or cull beds, or from any boat or water craft, or from any float or crate, shall be subject on conviction to a fine of not less than one hundred dollars nor more than one thousand dollars, one-half of the fine to be paid to the in- former, and, at the discretion of the court, to imprison* ment for not less than six months nor more than three years; but if the offense be committed later than one hour after sunset or earlier than one hour before sunrise, the minimum penalty shall be a fine of two hundred and fifty dollars, and imprisonment. The penalties provided in this section shall not prevent the recovery by the injured party in civil action of damages for any unlawful removing of oysters. (Laws 1895, p. 47, §4; 1 Bal. C, §3369; P. C, §6854). — 5 66 State of Washington 137. Evidence, How Secured. In any trial for violation of the provisions of this article, if the accused be found having in his possession oysters for which he cannot account, or for which he gives an account which is shown by evidence to be false, that fact shall be sufficient evidence to secure conviction, but the court trying the case may not convict on such evidence when in its judgment it would lead to a verdict doing in- justice to the accused. (Laws 1895, p. 48, § 5; 1 Bal. C, §3370; P. C, §6855). 138. Providing for the Return of Small Oysters to Beds. It shall not be lawful for any person to destroy oysters taken from their natural beds, by assorting or culling them on land or shore, and leaving the small oysters there to die; but in all cases the small oysters shall be returned to their natural beds or private beds for cultivation; and if any person shall offend against the provisions of this sec- tion, or in any way wantonly destroy the small oysters, he shall, on conviction thereof, be liable to a fine for each offense, or imprisonment [as prescribed] in the next suc- ceeding section. (1 Bal. C, § 3371; P. C, §1829). 139. Dredging Is Unlawful. It shall not be lawful to dredge for the purpose of taking oysters from the natural oyster beds in the waters of and within the state of Washington, except under the super- vision of the state or United States government for experi- mental or scientific purposes. (Laws 1895, p. 24, §1; 1 Bal. C, §3373; P. C. §6872^. 140. Penalty. Any person violating any of the provisions of the last preceding section shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than fifty dollars nor more than one hundred dollars, or be confined to the county jail for a period not less than ten Fish, Oyster and Game Laws 67 nor morie than sixty days, or both fined and imprisoned, at the discretion of the court. (Laws 1895, p. 24, § 2; 1 Bal. C, §3374; P. C, §6873). 141. Legal Period for Gathering Oysters. Ifr shall be unlawful to gather oysters or to remove them from any natural oyster bed or natural oyster bed reserve in any of the rivers, bays or waters of the State of Washington at any time from the fifteenth day of June to the fifteenth day of March following and inclusive, of each year, except under the supervision of the Fish Com- missioner of the State of Washington, or of the United States, for the purpose of propagation, experimental or other scientific purposes: Provided, That nothing in this section shall be construed to interfere with the provisions of section 3362 of Ballinger's Annotated Codes and Statutes of Washington, being section 1198 of the Code of 1881. (Laws 1899, p. 270, §1; P. C, §6870). 142. Penalty. Any person violating any of the provisions of paragraph 140 shall be deemed guilty of a misdemeanor, and, upon conviction thereof, be fined in any sum not less than twen- ty-five dollars nor more than one hundred dollars, or be imprisoned in the county jail for a period of not less than ten days nor more than .sixty days, or to be both fined and imprisoned, at the discretion of the court. (Laws 1895, p. 50, §2; 1 Bal. C, §3376; P. C, §6871). 143. Unlawful to Dredge for Eastern Oysters — Penalty. It shall be unlawful to dredge for or take any oysters of the species known as eastern oysters from the waters of this state for a period of five years from the passage of this act except such oysters as may be outside any res- ervation legally established. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof be fined in a sum 68 State of Washington not less than twenty dollars nor more than one hundred dollars: Provided, That this section shall not apply to the State Fish Commissioner or any deputy sent by the United States Fish Commissioner for the purpose of ex- amination. (Laws 1895, p. 33, § 1; 2 Bal. C, § 7396; P. C, §6869). • ' 144. Lands May Be Leased for Oyster Beds. All lands In the waters of the State of Washington lying below extreme low tide, not covered by natural oyster beds, and not in front of any incorporated city or town, nor with- in two miles on either side thereof shall be subject to lease, for the purpose of planting and cultivating thereon artificial oyster beds, under the provisions of this act. (Laws 1899, p. 272, §1; P. C, §6856). 145. Prior Right to Lease. All persons who, prior to the passage of this act, in good faith entered upon lands not in front of any in- corporated city or town, nor within two miles thereof on either side, and planted and cultivated thereon artificial oyster beds, and who continue to occupy and work the same, and who are now in possession of and working said oyster beds in good faith, shall have the prior right to lease for a period of six months from and after the passage of this act. (Laws 1899, p. 273, §2; P. C, §6857). 146. Applications for Lease, How Made. Applications for lease of land for the cultivation of deep sea oysters under the provisions of this act shall be made to the Commissioner of Public Lands and shall be accom- panied by a map or plat of the lands so to be leased. The Commissioner of Public Lands shall, upon receipt of such application, direct the Fish Commissioner to immediately inspect the lands applied for and report to the Commis- sioner of Public Lands his findings as to the following facts: Fish, Oyster and Game Laxvs 69 First. Whether the land or any portion thereof is a natural oyster bed. Second. Whether it be necessary in order to secure adequate protection to any natural oyster bed to retain to the public domain the land the application for the lease of which has been made or any part thereof. Third. Whether the land or any portion thereof having been a natural oyster bed within ten years past, may reasonably be expected to again become such within ten years in the future. (Laws 1899, p. 273, § 3; P. C, § 6858). 147. Terms of Lease — Rental — New Application, Etc. In case all of the above three questions be answered negatively, the Commissioner of Public Lands shall im- mediately issue to the applicant therefor a lease for the term of twenty (20) years of the lands so applied for at an annual rental of twenty five cents per acre. Should the . Fish Commissioner answer one or more of the above three questions affirmatively, the Commissioner of Public Lands shall investigate the matter at a public hearing in the county where the lands in question are situated. Due notice of such hearing shall be given by said Land Com- missioner by publishing a notice to that effect in some paper of general circulation in the county, at the expense of the applicant, not less than one week and not more than four weeks before the date of hearing. Unless at such hearing it be conclusively shown to the Commissioner of Public Lands that in the matter at issue the Fish Com- missioner was in error, he shall refuse to lease such lands or such portion thereof as may be determined by the fore- going restrictions. Application for the lease of lands thus withheld may not be made again within six years, except that the person last making application may repeat the application during the three months next preceding the expiration of the six years. (Laws 1899, p. 273, §4; P. C, §6859). 70 State of Washington 148. Application Must Describe Location. All applications for the lease of oyster lands under this act shall, in addition to the surveyor's description by metes and bounds, make description in such local geography as shall suffice to convey a knowledge of its location with reasonable accuracy to persons acquainted with the vi- cinity. (Laws 1899, p. 274, §5; P. C, §6860). 149. Lease Not to Exceed Forty Acres — Affidavit. All applications for lease of oyster lands under the pro- visions of this act shall be for an area not to exceed forty acres to any one person, and such application shall be accompanied by an affidavit under oath that the party mak- ing such application leases said lands for the purpose of oyster culture only. (Laws 1899, p. 274, § 6; P. C, § 6861). 150. Conditions of Lease — Forfeiture. It shall be expressly provided in the lease of any such oyster land that if at any time after the granting of said lease the lands described therein shall cease to be used for the purpose of an artificial oyster bed, it shall there- upon revert to and become the property of the State of Washington, and that the same is leased to the lessee only for the purposes of cultivating oysters thereon, and the State of Washington hereby reserves the right to enter upon and take possession of said tract or tracts, if at any time the same is issued for any other purpose than the cultivation of oysters. (Laws 1899, p. 274, § 7; P. C, § 6862). 151. Not to Affect Existing Laws. This act shall in no manner apply to the provisions of any act heretofore enacted by the legislature of the State of Washington providing for sale of tide and shore lands for the purpose of oyster planting and the manner of tak- ing oysters from said tide land beds. (Laws 1899, p. 275, §8; P. C, §6863). Fish, Oyster and Game Laws 71 152. Survey and Description to Be Recorded, Etc. Survey and description of all tracts applied for shall be in duplicate, one of which shall be filed with and be recorded by the county auditor of the county in which said lands are situated in a book kept by himself for such special purpose, and a duplicate description in the office of the Commissioner of Public Lands. (Laws 1899, p. 275, § 9; P. C, §6864). 153. Abandonment of Lease — Entitled fo Lease Other Land, When. If from any cause any tract or tracts, parcel or parcels of land leased under the provisions of this act shall become unfit and valueless for the purpose of oyster culture, the party having so leased or being in possession of the same may upon such fact under oath to the Commissioner of Public Lands and to the auditor of the county wherein such lands are situated, also upon filing under oath a cer- tificate of abandonment of such tract or tracts, parcel or parcels of land in the office of each of said officials, such party shall then be entitled to lease other lands as herein- before provided. (Laws 1899, p. 275, §10; P. C, §6865). 154. Fish Commissioner IVIay Dredge for Purpose of Dis- covery — May Permit Others. The Fish Commissioner of the State of Washington may and he is hereby authorized to dredge or permit others to dredge in all the waters of the State of Washington for the purpose of discovering whether any particular waters, not already reserved, leased or appropriated under existing laws or the provisions of this act, contain oysters in a natural state, and regulate the taking thereof, under such rules as the Fish Commissioner may prescribe. (Laws 1899, p. 275, §11; P. C, §6866). 155. Eastern Oyster Experiments. The Fish Commissioner shall establish experiment sta- tions in the waters of Willapa Harbor and Puget Sound, 72 State of Washington and procure eastern oyster plants for the purpose of test- ing the feasibility of propagating eastern oysters in the waters of this state. (P. C, § 6867). 156. Help for Fish Commissioner. The Fish Commissioner is hereby authorized to employ suitable help for the prosecution of this work. (P. C, §6868). 1j57. Natural Oysters, How Lawfully Gathered. It shall at all times be unlawful to gather with any tool or implement, or in any way whatever, any oysters from any natural oyster bed, except the person so gathering shall be on and working from a boat or water craft of some kind, said water craft being afloat during the time he is gathering. Any person violating any provisions of this section shall, on conviction thereof, be fined in any sum not less than $100 nor more than $400, and, at the discretion of the court, be imprisoned in the county jail not less than two months nor more than six months, one-half the afore- said fine to be paid by the state to the informer. (Laws 1897, p. 304, § 22; 1 Bal. C, § 3372; P. C, § 6833). 158. Unlawful to Use Garden Rake, Etc. It shall at all times and places be unlawful, in gather- ing oystfrs from any natural bed of oysters, to use a com- mon garden rake or any instrument of similar construction and operation. (Laws 189.5, p. 48, §2; P. C, §6874). 159. Gathering by Hand. Nothing in this act shall apply to gathering oysters by the hand, using no implement or tool for gathering pur- poses. (Laws 189.5, p. 49, §3; P. C, §6875). 160. Penalty. Any person violating any provisions of the two preced- ing sections shall, on conviction thereof, be fined in any sum not less than one hundred dollars ($100) nor more than four hundred dollars ($400), and, at the discretion of the court, shall also be imprisoned in the county jail not Fish, Oyster and Game Laws 73 less than two months (2), nor more than six months (6); one-half of the aforesaid fine to be paid by the state to the informer. (Laws 1895, p. 49, §4; P. C, §6876). RULES GOVERNING THE DREDGING OF OYSTERS. Pursuant to section 152, the following rules and regula- tions have been adopted by the Fish Commissioner govern- ing the dredging for oysters as above stated: Rule 1. No dredging for oysters shall be done in any of the waters of the State of Washington of a depth less than 18 feet at mean low tide. Rule 2. All dredging for oysters within the waters above stated shall be done between the hours of 6 o'clock In the forenoon and 6 o'clock in the afternoon of each day. Rule 3. No person shall use steam, electricity or any other mechanical or artificial force or power to operate any dredging appliances unless specifically so stated in any permit issued under above law and these rules and regulations. Rule 4. Any person desiring to operate a dredge under the provisions of this law and these regulations shall apply to the Fish Commissioner for a permit so to do, on blanks to be furnished by the Fish Commissioner, and shall state with reasonable certainty the locality in which said dredge or dredges are to be operated. Upon application, as above stated, by any person, a permit will be issued by the Fish Commissioner for said dredges for the purpose of taking oysters as provided by law, which shall entitle the holder to operate said dredge for the period of one year in the waters of this state where- in such appliance is not prohibited by law. A fee of $2.50 will be charged for the issuing of above permit for each and every dredge operated. All permits under foregoing law and regulations shall be subject to any future regulations that may be adopted by the Fish Com- missioner to govern the operation of said dredges. 74 State of Washington CLAMS. 161. Taking or Digging Cfams for Canning or Safe. That "An act relating to the protection of clams, pro- viding penalties for its violation, and declaring an emer- gency," approved March 11th, 1905, being section 6811 of Pierce's Washington Code, 1905, be and is hereby amended to read as follows: It shall not be lawful for any person or persons, firm or corporation, or any person whatsoever, to take, or dig clams from the sands on the ocean beach of the Pacific ocean, in the State of Washington, or to have in their possession after the same have been taken, for the purpose of canning or for the purpose of sale, between the 1st day of June, and the 31st day of August, of each year. (Chapter 154, Laws 1907. An emergency). 162. Penalty. Any person violating the provisions of this act shall be guilty of a misdemeanor aijd subject to a fine of not less than ten ($10) dollars nor more than five hundred ($500) dollars, for the first offense, and double said amount for each conviction thereafter: Provided, It is not the intent of this act to prohibit the digging of said clams for one's own use, but to prohibit the digging for sale and canning purposes during the months hereinbefore set out. (Laws 1905. Approved March 11. Emergency clause). 163. Clams, Oysters and Shell Fish — Sale of. When Pro- hibited. No person, firm or corporation shall within this state sell, offer for sale or have in his possession any clams, oysters or any other shell fish which have been opened or taken out of the shell for a period of more than four days, unless the same were previously canned and kept in a chilled condition. No person, firm or corporation shall within this state, place in cans, or can any clams, oysters or any other shell Fish, Oyster and Game Lazes 75 fish which have been opened or taken out of the shell for a period of more than four days. No person, firm or corporation shall sell, offer for sale or keep for sale, within this state, any canned clams, oysters or other shell fish, which shall have been opened for a period of more than four days prior to the time the same were canned. No person, firm or corporation shall, within this state, sell, offer for sale, or have in his possession any clams, oysters or any other shell fish which shall or may be here- after shipped into this state, unless the said clams, oysters or other shell fish shall have been during the entire time consumed in the shipment kept in a chilled condition: Provided, That this act shall not apply to seed oysters for cultivation. Any person, firm or corporation violating any of the pro- visions of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the county jail of the county wherein the crime was com- mitted not less than ten days nor more than sixty days, or by a fine of not less than fifty dollars nor more than one hundred dollars. (Laws 1909, chap. 104). CRABS. 164. Taking or Fishing for Crabs for Sale or Canning. That it shall not be lawful for any person or persons, firm or corporation, or any person whatsoever, to take or fish from any of the waters of the State of Washington, or have in their possession after the same has been taken, for the purpose of sale or canning, any crab during the months of July, August and September, of each year. (Laws 1905). 76 State of Washington 165. Crab Less Than Six Inches Across Back. It shall not be lawful for any person or persons, firm or corporation, to take or have in their possession, for the purpose of sale or canning, where it is lawful to sell and can same, any female or any male crab measuring less than six inches across its back. (Laws 1905). 166. Penalty. Any person violating sections 157 or 158 of this code shall be deemed guilty of a misdemeanor and upon con- viction shall be fined in any sum not less than ten nor more than one hundred dollars. (Laws 1905). 167. Use of Spear in Fishing for Crabs Prohibited. It shall be unlawful for any person or persons, firm or corporation, or any person whatever, to take, capture or remove from any of the waters of the State of Washing- ton, any crab by the use of a spear or other sharp instru- ment, whereby the shell of any said [crab] is broken or penetrated. Any person violating section one of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed twenty-five dollars. (Laws of 1909, chap. 113). GAME LAWS. 168. Unlawful to Hunt Without License. It shall be unlawful for any person to hunt for, pursue, catch or kill any of the game animals or birds protected by the laws of this state during the open season when it is lawful to kill the same, without such person having in his possession at the time of such taking, catching or killing a license therefor, duly issued to him by the auditor of one of the counties of this state or by the State Auditor. The county auditor of each county in the State of Wash- ington upon the payment of one dollar by any resident of this state, or five dollars by any non-resident of this state, or fifty dollars by any non-resident alien, shall issue to such person a license, which said license shall entitle the holder to hunt for, take, catch or kill any of the game animals or birds protected by the laws of the State of Washington within the county where such license is is- sued, during the open season, when it is lawful to kill the same, for the term of one year, in any lawful manner; and the State Auditor, upon the payment of five dollars by any resident of this state, ten dollars by any non-resident alien, shall issue to such person a license, which said license shall entitle the holder to hunt for, take^, catch or kill any of the game animals or birds protected by the laws of the State of Washington, within the state, during the open season, when it is lawful to kill the same, for the term of one year, in any lawful manner. The county auditor shall pay to the county treasurer all such fees col- lected by him, to be placed in the game protection fund, to be used by the county commissioners for the propaga- tion and protection of game in said county, and the State Auditor shall pay to the State Treasurer all such fees col- 78 State of Washington lected by him to be placed in the game protection and propagation fund. All fines collected under the provisions of this act shall be paid to the county treasurer of the county in which said fines are collected, and placed by him in the game protection fund. (Laws 1905). 169. State Fund. There is hereby created a State Fund, which shall be used only for the protection and propagation of game ani- mals, game birds, and game fish in this state. (Laws 1905). 170. Penalty. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon con- viction thereof, for each and every offense shall be subject to a fine of not less than ten dollars nor more than one hundred dollars, together with the costs of prosecution, or imprisonment in the county jail, where the offense is com- mitted, not less than five days, nor more than thirty days, or by both such fine and imprisonment, in the discretion of the court. (Laws 1905). 171. Taking Game From State. Every non-resident or non-resident alien who shall have procured a license to hunt in this state, shall be entitled to take from the state all game animals killed by him, not to exceed the number of each of said game animals as Is allowed by law to be killed in any one year, and game birds killed by him not to exceed the number allowed by law to be killed by any one person in any one day; but before any person shall be entitled to take any such game out of this state he shall make an affidavit before a notary public or other officer having a seal, stating that the game to be so removed from the state was killed by him in a lawful manner, and that the said game is not being ex- ported for the purpose of sale. Such aflSdavit shall de- scribe said animals or birds and shall be attached to said Fish, Oyster and Game Laws 79 animals or birds while in transit from the. state. (Laws 1905. See §196). 172. Deer or Caribou. Every person who shall within the State of Washington, at any time between the fifteenth day of December and the fifteenth day of September of the following year, hunt, pursue, take, kill, injure, destroy or possess any deer or caribou shall be guilty of a misdemeanor and upon convic- tion thereof shall be punished as hereinafter provided. And every person who shall within the State of Washing- ton during the season when it is lawful to kill the same, take or kill more than four deer, or who shall kill any spotted fawn, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as hereinafter pro- vided. (I>aws 1903, p. 94, §1). 173. Elk, Moose, Antelope, Etc. Every person who shall at any time within the State of Washington hunt, pursue, take, injure, or kill any female of the elk, moose, antelope, mountain sheep or mountain goat species, or any person who shall between the first day of November of any year and the fifteenth day of September of the following year hunt, pursue, take, injure or kill any male of the moose, elk, caribou, ante- lope, mountain sheep or mountain goat species shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as hereinafter provided. Every person who shall within the State of Washington during the sea- son when it is lawful to kill the same, kill more than one male of the elk, moose, antelope, or caribou species, or more than two males of the mountain sheep or mountain goat species shall be guilty of a misdemeanor and upon conviction thereof shall be punished as hereinafter pro- vided. (Laws 1903, p. 95, §2). (See following section). 80 State of Washington 174. Elk. That after the passage of this act and until October 1, 1915, it shall be unlawful to hunt, pursue, capture or kill any of the elk (cervus alces or cervus conadensis) within the State of Washington. After 1915 it shall be unlawful to hunt, pursue, capture or kill any of the elk (cervus alces or cervus conadensis) within the State of Washington be- tween the first day of November of any year and the fif- teenth day of September of the following year. No person shall within the State of Washington during the season when it is lawful to kill the same, kill more than one of the male elk (cervus alces or cervus conadensis). Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or be Imprisoned in the county jail not less than thirty days nor more than ninety days, or by both such fine and imprison- ment in the discretion of the court. (Laws 1905). (See preceding section). 175. Deer on Islands. It shall be lawful during the month of October of each year to hunt, take and kill deer on any island of the State of Washington: Provided, It shall be unlawful to hunt for or kill any deer on said islands with dog or dogs, and any person knowingly permitting any dog or dogs owned by him to pursue deer on said islands shall be guilty of a mis- demeanor and punished by fine of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100) : Provided further, That this section shall not apply to any islands where game preserves have been established. (Sec. 2, chap. 222, Laws 1907; emergency clause). 176. Game Birds — Close Season. Every person who shall, within the State of Washing- ton, hunt, pursue, take, kill, injure, destroy or possess any Fish, Oyster and Game Laws 81 grouse, partridge, prairie chicken, sage hen, native pheas- ant or ptarmigan between the first day of January any [and] the first day of September of any year shall be guilty of a misdemeanor and upon conviction thereof shall be punished as hereinafter provided: Provided, That in the county of Kittitas it shall be unlawful to hunt, pursue, take, kill, injure, destroy or possess any prairie chicken between the first day of October of any year and the tenth day of September of the following year: And also pro- vided. That in all the counties of the State of Washington lying east of the western boundary of the counties of Okanogan, Chelan, Kittitas, Yakima and Klickitat, it shall be unlawful to hunt, pursue, take, kill, injure, destroy or possess any of the game birds mentioned in this section between the fifteenth day of November and fifteenth day of August of the following year. (Laws 1903, p. 95, § 3). 177. Limiting Number to Be Killed. Every person who shall, during the season when it is lawful to hunt the same, kill more than ten prairie chickens, or ten grouse, partridge, sage hen, native pheas- ant or ptarmigan, Chinese or Mongolian pheasant, or more than fifteen quail of any kind in one day, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as hereinafter provided: Provided, That in the county of Kittitas, during the season when it is lawful to hunt the same, no person shall in one day kill more than five (5) prairie chickens. (Laws 1903, p. 96, §4). 178. Certain Other Game Birds, Beaver — Close Season for. Every person who shall within the State of Washing- ton hunt for, pursue, take, kill or injure any partridge, or any variety of quail, Chinese, ring-neck, Hungarian, golden or English pheasant before the thirtieth day of September, 1912, shall be punished by a fine of not less than ten dollars, nor more than one hundred dollars, or —6 82 State of Washington by imprisonment in the county jail not less than thirty days nor more than six months, or by both such fine and imprisonment; and each bird so killed, injured, or de- stroyed, shall be a separate offense under this act. Every person who shall in any manner hunt for, trap, catch, or kill any beaver in any of the counties of the State of Washington until September 30, 1914, or have the same in his possession, alive or dead, shall be fined not less than fifty dollars nor more than one hundred dollars for each beaver so trapped, taken, caught, or killed, and the possession by any person of any untanned beaver skin or hide, shall be prima facie evidence of a violation of this section. (Laws 1909, chap. 109). 179. Ducks, Geese, Etc. — Close Season for. Every person who shall hunt, pursue, take, kill, injure, destroy or possess any swan, goose, brant, sandhill crane, snipe, mallard duck, canvasback [duck], widgeon, teel [teal], wood-duck, spoon-bill, gray or black duck, sprig-tail, or other game duck, whether named or mentioned herein or not, between the first day of March and the first day of September of any year shall be guilty of a misdemeanor and upon conviction thereof shall be punished as herein- after provided. (Laws 1903, p. 96, §5). (See §171). 180. Geese and Brant — Close Season for. It shall be unlawful to hunt, take or kill in this state any wild goose or brant between the first day of May and the first day of September in any year. (Laws 1905). (See §170). 181. Sneak Boats for Geese, Ducks or Brant. It shall be lawful within the time herein when any goose, duck or brant may be killed, to hunt or pursue them from any blind or obstruction: Provided, That this shall not be construed to include sneak boats. (Laws 1905, chap. 172, §12). (See §194). Fish, Oyster and Game Laws 83 182. Unlawful to Hunt Geese, Brant or Other Water Fowl on Columbia or Snake Rivers. It shall be unlawful to hunt, pursue, catch or kill any of the geese, brant or other water fowl upon the Columbia or Snake rivers within this state, or within one-half mile of its shore throughout the following named counties: Klickitat, Walla Walla, Franklin, Yakima, Kittitas, Doug- las, Columbia, Garfield and Whitman counties. (Laws 1905). 183. Number to Be Killed Limited. Every person who shall, within the State of Washing- ton, during the season when it is lawful to hunt the same, kill more than twenty-five snipe, ducks, geese or brant in one day shall be guilty of a misdemeanor and upon con- viction thereof shall be punished as hereinafter provided: Provided, That the above mentioned birds shall not be fired at from any gasoline or naptha [naphtha] launch, steam launch, or other boat propelled otherwise than by hand. (Laws 1903, p. 96, §6). 184. Quail — Close Season for. Every person who shall hunt, pursue, take, kill, injure, destroy or possess any California, valley, or mountain quail, bob-white quail or other kind of quail, between the first day of January and the first day of October of any year shall be guilty of a misdemeanor, and upon convic- tion thereof shall be punished as hereinafter provided: Provided, That it shall be unlawful to hunt, pursue, take, kill, injure, destroy or possess any of the birds named in this section in any of the counties lying east of the west- ern boundary of the counties of Okanogan, Chelan, Kitti- tas, Yakima and Klickitat from and after the passage of this act and before the fifteenth day of September, 1908. (Laws 1903, p. 96. §7). 84 State of Washington 185. Imported Pheasants Protected Until 1906. Every person who shall hunt, pursue, take, kill, injure, destroy or possess any imported or Oriental pheasant, golden, silver, ring-necked, copper bronze, Chinese or Mon- golian pheasant, or Chinese or Mongolian quail, from and after the passage of this act and before the fifteenth day of October, 1906, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as hereinafter provided: Provided, That it shall [be] unlaw^ful to hunt, pursue, take, kill, injure, destroy or possess any of the birds named in this section in any of the counties lying east of the western boundary of the counties of Okanogan, Chelan, Kittitas, Yakima and Klickitat, from and after the passage of this act and before the fifteenth day of Sep- tember, 1908. (Laws 1903, chap. 71, §8). (See §177). 186. Chinese, iVIongolian and Imported Pheasant. Every person who shall within the State of Washing- ton hunt for, pursue, take, kill, injure, or destroy, or pos- sess after the same has been killed, any Chinese or Mongo- lian pheasant, or other imported pheasant between the 31st day of December and the 30th day of September of the following year shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) or by imprisonment in the county jail for not less than thirty days nor more than six months or by both such fine and imprisonment and each bird so killed or pos- sessed shall count as a separate offense under this act. (Sec. 1, chap. 222, Laws 1907; emergency clause). 187. Okanogan County — Pheasants, Quail, Etc. Every person who shall within the county of Okanogan, State of Washington, hunt for, pursue, take, kill, injure, destroy or possess any Chinese or Mongolian pheasant or bob-white quail before the 30th day of September, 1912, shall be guilty of a misdemeanor and upon conviction there- Fish, Oyster and Game Laws 85 of shall be punished by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) or by imprisonment in the county jail for not less than 30 days nor more than six months or by both such fine and imprisonment, and each bird so killed or possessed shall count as a separate offense under this act. An emergency exists and this act shall take effect im- mediately. (Chapter 222, Laws 1907). ' , 188. When Lawful to Kill Oriental Pheasants. It shall be lawful to hunt and kill any of the male birds of the Oriental, golden, silver, ring-necked, copper, bronze, Chinese or Mongolian pheasants between the fifteenth day of October and the first day of January in any year: Pro- vided, That this section shall not apply to counties lying east of the summit of the Cascade range. (Laws 1905, chap. 172, §10). (See §176). 189. Penalty for Sale of Game. Any person who shall within the State of Washington, at any time offer for sale or for market, or sell or barter for, or exchange, any deer, moose, elk, caribou, mountain sheep or mountain goat species, or any of the various kinds of quail, Chinese or Mongolian pheasants, grouse, native pheasant, ptarmigan, prairie chicken, partridge, sage hen, or any wild duck, goose, swan, brant, sand-hill crane, rail or plover, or any other game bird, shall be guilty of a misdemeanor and upon conviction thereof shall be pun- ished as hereinafter provided: Provided, That during the month of November, in any year, wild ducks, geese and brant may be sold to the number permitted by law to be killed in any one day: Provided further. That nothing in this act or section shall be construed to prevent ine sale of the hides of deer, moose, elk, caribou, mountain sheep or mountain goat species killed at or within the times when it is lawful to kill the same, and which have been killed in a lawful manner. (Laws 1905). 86 State of Washington 190. Possession Prohibited. Every person, company, partnership, firm or corporation, boarding house keeper, hotel keeper, restaurant keeper, market keeper or cold storage plant, their owners, proprie- tors, officers, managers, agents or servants, who shall offer for sale or keep, or have in their possession at any time of the year any deer, moose, caribou, antelope, mountain sheep or mountain goat species, or any kind of the vai'ious kinds of quail, Chinese or Mongolian pheasant, grouse, na- tive pheasant, ptarmigan, partridge, prairie chicken, sage hen or any kind of wild duck, goose, swan, brant, sand-hill crane, snipe, rail or plover or any portion of the meat of said animals or birds except dncks, geese, brant or snipe during the month of November, of each year shall be guilty of a misdemeanor. Possession of any of the animals or game birds mentioned or named herein, or any of the meat of the same, except the number of ducks, geese, brant or snipe permitted to be taken during the month of November of any year, shall be presumptive evidence that said ani- mals, birds, or the meat of the same was unlawfully taken by the person having possession of the same, and up' n con- viction thereof shall be punished as hereinafter pr ;vided: Provided, however. That any person may have in his. posses- sion the number and kinds of animals and birds permitted to be taken by this act during the time the same may be taken provided the same were taken by the person so hav- ing them in his possession, or otherwise taken, as provided for in section nine of this act. (Laws 1903, p. 97, § 10). 191. Penalty. Every person convicted of any of the misdemeanors de- fined in the foregoing sections of this act, except as other- wise provided for, shall be punished by a fine of not less than ten dollars ($10) nor more than five hundred dollars ($500), together with the costs of the prosecution of such action, and in default of payment of such fine shall be Fish, Oyster and Game Laxcs 87 imprisoned in the county jail one day for each two dollars ($2) of such fine. (Laws 1903, p. 98, §11). 192. Taking of Quail and Pheasant — Skagit and Sno- homisli Counties — When Prohibited. Every person who shall take, kill or have in his pos- session, for other than breeding purposes, any quail, Chi- nese, ring-neck, Hungarian, golden or English pheasant,^ of any kind, in the counties of Skagit and Snohomish, Washington, before the first day of October, 1911, shall be deemed guilty of a misdemeanor. Any person violating any provision of this act shall upon conviction be punished by a fine of not less than ten dollars nor more than one hundred dollars, or by im- prisonment in the county jail for not less than five nor more than thirty days, or by both such fine and imprison- ment at the discretion of the court. (Laws 1909, ch. 172). 193. Game Protection Fund — How Derived. All moneys received and all fines collected under this act shall be paid to the treasurer of the county in which the suit, action or proceeding shall have been commenced and placed by him in the game protection fund to be used for the protection or propagation of game in said county, and the prosecuting attorney, justice of the peace or judge of any county, upon the payment of any fine or judgment, may satisfy the same of record for the state. (Laws 1903, p. 98, §12). 194. Sliipment or Transportation of Game Birds from San Juan and Island Counties. Any person, persons or corporation who shall take away, ship or transport from the islands comprised within the limits of the boundaries of either San Juan or Island coun- ties in the State of Washington, any quail or bob white, or any Chinese, English, golden. Reeves, Mongolian, silver, 88 State of Washington black neck, or Japanese pheasants shall be guilty of a mis- demeanor, and upon conviction of any violation of the pro- visions of this act, shall be punished by a fine of not less than ten dollars ($10.00) or more than one hundred dollars ($100.00) for each offense, or imprisonment in the county jail for a period of not less than thirty days, nor more than six months, or by both fine and imprisonment in the discretion of the court. Each bird so shipped, taken away, or transported from said islands as aforesaid shall constitute a separate offense under this act. The provisions of this act shall not apply to any person, or persons or corporation who may be engaged, or shall hereafter be engaged in the business of propagation, rais- ing or breeding of any aforesaid described birds; or to any of said birds which may have been propagated, bred and raised in captivity for commercial or domestic purposes. This act only applies and is intended to apply to wild game birds, such as have been described herein. (Laws 1909, ch. 182). 195. Possession Unlawful. No person shall, within the State of Washington, kill or catch or have in his or her possession, living or dead, any wild bird other than a game bird, or purchase, offer or expose for sale, transport or ship within or without the state, any such wild bird after it has been killed or caught, except as permitted by this act. No part of the skin, plum- age or body of any wild bird protected by this section shall be sold or had in possession for sale. For the purposes of this act the following only shall be considered game birds: The anatridae, commonly known as swans, geese, brant, and river and sea ducks; the rallidae, commonly known as rails, coots, mud hens and gallinules; the limo- colae, commonly known as shore birds, plovers, surf birds, snipe, sand-pipers, tatlers and curlews; the gallinae, com- Fish, Oyster and Game Laws 89 monly known as grouse, prairie chickens, pheasants, part- ridges and quail. (Laws 1903, p. 256, § 1). 196. Destruction of Nests and Eggs. No person shall, within the Scate of Washington, take or needlessly destroy the nest or eggs of any wild bird other than a game bird, or have such nest or eggs in his or her possession, except as permitted by this act. (Laws 1903, p. 257, §2). 197. Violations — Penalties. Any person who violates any of the provisions of this act shall be guilty of a misdemeanor, and shall be liable to a fine of not less than ten or more than one hundred dollars for each offense and an additional fine of one dollar for each bird, living or dead, or part of bird or nest, or set of eggs, or part thereof, possessed in violation of this act, together with the costs of prosecution in such action, or to imprisonment for thirty days in the county jail, or both, at the discretion of the court. All fines collected under the provisions of this act shall be turned over to the treasurer of the county in which such action is brought, and by him placed in the game protection fund. (Laws 1903, p. 257, §3). 198. Exceptions as to Scientific Purposes. Sections 1, 2 and 3 of this act shall not apply to any person holding a certificate giving the right to take birds, their nests or eggs for scientific purposes, as provided for in section 5 of this act. (Laws 1903, p. 257, § 4). 199. Certificate — For Scientific Purposes — How Obtained. Certificate shall be granted by the State Game Warden, or by any incorporated society of natural history in the state, through such persons or officers as said society may designate, to any properly accredited person of the age of fifteen years or upward, permitting the holders thereof to collect birds, their nests or eggs, for strictly scientific pur- 90 State of Washington poses only. In order to obtain such certificate the appli- cant for the same must present to the person or persons having the power to grant said certificate, written testi- mony from two well known scientific men, certifying to the good character and fitness of said applicant to be en- trusted with such privilege, must pay to said persons or officers, one dollar, to defray the necessary expenses at- tending the granting of such certificates, and must file with said person or officers a properly executed bond, in the sum of two hundred dollars, signed by two responsible citizens of the state as sureties. On proof that the holder of such a certificate has killed any bird, or taken the next .or eggs of any bird, for other than scientific purposes, this bond shall be forfeited to the state, and the certificate becomes void, and he shall be further subject for each such offense to the penalties provided therefor in section three of this act. (Laws 1903, p. 257, §5). 200. Terms of Certificates. The certificate authorized by this act shall be in force one year only from the date of issue, and sahll not be transferable. (Laws 1903, p. 258, §6). 201. Exception as to Birds Destroying Fruit or Grain. The English or European house sparrow, jays, magpies and chicken hawks, are not included among the birds pro- tected by this act, and the provisions of this act shall not apply to any person who shall kill any birds on his own enclosed pi^emises while such bird is destroying fruit or grain. (Laws 1903, p. 258, §7). 202. Sale of Game Fish or Game — Wiien Prohibited. It shall be lawful for the owner of any game bird, game fish or game animal who has propagated the same or purchased the same from persons who have propagated them to sell or dispose of by gift for propagation purposes Fish, Oyster and Game Laws 91 only, and to ship the same at any season of the year. (Emergency clause, Laws 1909, ch. 197). 203. Prohibiting the Use of Dogs — Certain Counties Ex- cepted. Every person who shall at any time pursue, take, injure, kill or destroy any moose, elk, caribou, antelope, mountain sheep or goat, or deer with dogs, or knowingly allow dogs to chase or destroy said animals, shall be guilty of a mis- demeanor, and upon conviction thereof shall be punished as hereinafter provided: Provided, That the provisions of this section shall not apply in the counties of the state lying westward of the eastern boundary of the counties of Whatcom, Skagit, Snohomish, King, Pierce, Lewis and Skamania between the first day of October and the first day of November of each year. (Laws 1899, p. 278, § 5362). 204. Shall Not Fire Hunt, Trap nor Ensnare. Every person who shall, within the State of Washing- ton, fire hunt for deer, moose, elk, antelope, caribou, moun- tain sheep or goat, or entrap, ensnare or set up any traps, swivel, pivot or spring guns, pitfalls or other device for the purpose of trapping, ensnaring or killing deer, elk, moose, caribou, antelope, mountain sheep or goat, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as hereinafter provided. (Laws 1897, p. 83, §5; Bal. C, 8 7349; P. C, §5364). 205. Killing for Hides Prohibited. Every person who shall, within the State of Washington, at any time, take, kill or destroy any deer, moose, elk, cari- bou, antelope, mountain sheep or goat for the skin, hide or horns of such animals unless the carcass thereof is used or preserved for food, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as hereinafter provided. (Laws 1897, p. 83, §6; 2 Bal. C, §7350; P. C, §5365). 92 State of Washington 206. Shall Not Trap or Ensnare Any Protected Animal or Bird. Every person who shall, within the state, at any time, trap, net or ensnare, or attempt to trap, net or ensnare any quail or bob white, prairie chicken, grouse, pheasant, part- ridge, sage hen, ptarmigan or wild pigeon, geese, duck, brant or other water fowl, or any of the song birds, or any deer, moose, elk, caribou, antelope, mountain sheep or any other game bird or game animal, or any protected game bird or song bird or game animal under the laws of the State of Washington or have in his possession any live quail, or bob-white, prairie chicken, grouse, pheasant, wild pigeon, partridge, sage hen or ptarmigan, geese, duck, brant or other water fowl, or any deer, moose, elk, caribou, ante- lope, mountain sheep or any other game bird or game ani- mal or any protected game bird or game animal under the laws of the State of Washington except for the purpose of propagation, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by law. (Laws 1905). 207. Penalty. That any one violating any of the provisions of this act for which a penalty is not hereinbefore provided, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than ten dollars ($10) nor more than fifty dollars ($.50), or imprisonment in the county jail not less than ten days nor more than thirty days, or by both such fine and imprisonment. (Laws 1905). 208. Appropriations. For the purpose of carrying out the provisions of this act the sum of five thousand dollars ($5000) or so much thereof as may be necessary, is hereby appropriated out of the "game protection and propagation fund" of the state. (Laws 1905). Fish, Oyster and Game Laws 93 209. Use of Sink Boxes, Sneak Boats, Etc., Prohibited. Every person who shall use any sink box or sink boat or sneak boat for the purpose of shooting wild ducks, geese, or other water fowl, or who shall use any battery, swivel or pivot gun, or any gun other than one to be held in the hands and fired from the shoulder, at any time, for the purpose of shooting wild ducks, geese, swan, brant, or other water fowl; or who shall build any structure in any of the waters of this state for the purpose of shooting therefrom wild ducks, geese, swan or other water fowl; or who shall at any time between one hour after sunset and one-half hour before sunrise fire off any gun or build any fire or flash any light, or burn any powder or other inflammable substance upon the shores of any feeding grounds fre- quented by wild ducks, geese, swan, or other water fowl, with intent thereby to shoot, kill, injure, destroy or disturb any such water fowl, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as hereinafter provided. (Laws 1897, p. 84, §10; 2 Bal. C, §7354; P. C, §5370). (See section 172). 210. Nest Robbing Prohibited. Every person who shall, within the State of Washington, at any time, destroy or remove from the nest the eggs of any wild duck, geese, or other water fowl, or the egg or eggs of any Mongolian or native pheasant, grouse, ptarmi- gan, prairie chicken, sage hen, partridge, quail or bob-white, or of any other wild fowl, or have in his possession, sell or offer for sale, any such egg or eggs, or wilfully destroy the nest of any such wild fowl, shall be guilty of a misdemean- or, and upon conviction thereof shall be punished as here- inafter provided. (Laws 1897, p. 84, § 11; 2 Bal. C, § 7355; v. C, §5371). 211. Export Prohibited. Every steamboat company, railroad company, express company, or other common carrier, their officers, agents 94 State of Washington and servants and every other person who shall transfer, carry or take out of this state, or who shall receive for the purpose of transferring from this state any of the wild game birds or animals enumerated in this act, shall be guilty of a misdemeanor and upon conviction thereof shall be pun- ished as hereinafter provided: Provided, however, That upon the granting of a similar privilege by the Legislature of the State of Oregon or Idaho to the citizens or residents of the State of Washington, nothing in this section shall be construed to prevent any citizen or resident of the State of Oregon cr Idaho from personally taking with him any game to the limit of one day's hunt, killed by himself, in • the State of Washington, when it is lawful to take and kill the same; but this provision shall be strictly construed, and the burden of the proof shall be upon the person taking with him such game to establish the fact that the same was personally killed by himself: Provided, That nothing In this section shall be construed to prevent any steamboat company, express company, railroad company, or other common carrier, their officers, agents or servants, from receiving any of the game birds or animals enumerated in this act from transferring them from one point to another point within this state when said game birds or animals are accompanied by the affidavit of the shipper that the same is not shipped for sale or profit. (Laws 1901, p. 280, §5; P. C, §5374). 212. Song Birds Protected. Every person who shall, at any time, take, kill, injure or destroy, trap, ensnare, molest or disturb, or have in his possession, sell, or offer for sale, any nightingale, skylark, black thrush, gray singing thrush, goldfinch, greenfinch, bullfinch, red-breasted robin, English robin, black starling, grosbeak, meadow lark, mocking bird, wild canary bird, or other song bird, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as hereinafter provided. (Laws 1897, p. 86, § 16; 2 Bal. C, § 7360; P. C, Sec. 5376). Fish, Oyster and Game Laws 95 213. Nests of Song Birds' Protected, Every person who shall at any time take from the nest of any song bird the egg or eggs of such birds, or disturb, molest or destroy the nest of the song birds of this state shall be guilty of a misdemeanor, and upon conviction there- of shall be punished as hereinafter provided. (Laws 1897, p. 86, Sec. 17; 2 Bal. C, Sec. 7361; P. C, Sec. 5377). 214. Penalty Defined — Possession Shall Be Prima Facie Evidence. Every person convicted of any of the misdemeanors de- fined in the foregoing section shall be punished by a fine of not less than ten dollars nor more than one hundred dollars, together with the costs of prosecution in such ac- tion, and, in default of the payment of said fine, shall be imprisoned in the county jail one day for each two dollars of such fine; and upon the trial of any person, agent or employe of a company or corporation, proof of the posses- sion of the wild animals, birds or song birds, when it Is unlawful to take, kill or have same, shall be prima facie evidence that the said wild game animal, game bird or song bird was unlawfully taken or killed by the person having possession of same. (Laws 1897, p. 86, §18; 2 Bal. C, §7362; P. C, §5378). 215. Exceptions. The provisions of sections 189, 190, 191, 194, 195, 196. 197 and 198 of this code shall not apply to persons engaged in prospecting for mines of precious minerals upon the public domain to the extent of the personal need only of such prospector. (Laws 1897, p. 88, § 23; 2 Bal. C, § 7367; P. C, §5383). 216. Duty of Warden Defined. It is hereby made the duty of every game warden so appointed, and every sheriff, deputy sheriff, constable, city 96 State of Washington marshal and police officer, within their respective jurisdic- tions in the State of Washington, to enforce all the pro- visions of this act, and all laws for the protection of game birds and animals, fish and song birds, and such sheriffs, deputy sheriffs, constables, city marshals, police officers, or any forest rangers appointed by the United States govern- ment, and each of them, by vii-tue of their election and ap- pointment, are hereby created and constituted ex-offlcio game wardens for their respective jurisdictions, and they and each of them, and each and every game warden so ap- pointed, under the provisions of the preceding section, shall have authority, and it shall be their duty to inspect all depots, warehouses, cold storage rooms, storerooms, hotels, restaurants, markets, and all packages or boxes, held either for storage or shipment, which they shall have reason to believe contain evidence of the infraction of any of the pro- visions of this act. And if, upon inquiry said officer dis- covers evidence sufficient in his judgment to secure a con- viction of the offender, or shall have good cause to believe that sufficient evidence exists to justify the same, he shall at once institute proceedings to punish the alleged offenders. (Laws 1901, p. 281, §7; P. C, §5380). (See sections 19, 20, 21). 217. Authority of Warden and Other Officers to Make Arrests. Any game warden appointed under the provisions of this act, any sheriff, deputy sheriff, city marshal, constable or police officer, forest ranger, may without warrant, arrest any person by him found violating any of the provisions of this act, or any other act or acts hereafter enacted and enforced, at any time for the protection of game, fish and song birds, and take such person or persons before a justice of the peace or municipal judge having jurisdiction, who shall proceed without delay to hear, try and determine the matter, and give and enter judgment according to the alle- gations and proof. All such actions shall be brought in the name of the State of Washington and shall be prose- Fish, Oyster and Game Laws 97 cuted by the prosecuting attorney of the respective coun- ties. (Laws 1901, p. 282, § 8; P. C, § 5382). 218. Hunting on Certain Islands Prohibited. Every person who shall, on any island in the State of Washington located in any fresh water lake, surrounded by navigable fresh water, and having an area exceeding five hundred acres, injure, take, kill or destroy, or have in their possession except for breeding purposes, sell or offer for sale, any elk, deer, black, gray or fox squirrels, blue grouse, ruffled grouse, sharp tailed grouse, wild pigeons, prairie chickens, American pheasants, Mongolian pheasants, bob- white quail, California quail, or woodcock, shall be guilty of a misdemeanor. (Laws 1895, p. 332, § 1; 2 Bal. C, § 7368; P. C, §5385). 219. Lake Washington — Molesting Any Wild Birds Upon, Prohibited. That it shall be unlawful to fire any gun or to kill, shoot, entrap, ensnare, maim, or destroy any wild birds at any sea- son of the year upon the waters of Lake Washington or within one mile of its shores, and any person who shall kill, shoot, entrap, ensnare, destroy, or maim any wild birds at any season of the year upon the waters of Lake Washington, or within one mile of the shores of said lake, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as hereinafter provided. Any person violating any of the provisions of this act shall, upon conviction thereof, be subject to a fine of not less than ten dollars nor more than one hundred dollars, together with the costs of prosecution, or imprisonment in the county jail where the offense is committed for not less than five days nor more than thirty days, or by such fine and imprisonment in the discretion of the court. Sections one and two of this act shall not apply to any —7 98 State of Washington person holding a certificate giving the right to take birds, their nests, or eggs, for scientific purposes, as now provided by law. (Laws 1909, chap. 54). 220. Hunting on Certain Islands Prohibited. Everj' person who shall at any time destroy or remove from the nest of any of the feathered game included in the last section any egg or eggs, or wilfully destroy the nest of any such birds, shall be guilty of a misdemeanor. (Laws 1895, p. 333, §2; 2 Bal. C. §7369; P. C, §5386). 221. Destruction of Nests, Etc., of Feathered Game Pro- hibited. Every person convicted of a violation of any of the pro- visions of the last two preceding sectiou:? shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars, and in default of payment of fine imposed shall be imprisoned in the county jail of the county wherein the offense was committed until such fine shall have been paid at the rate of one day for each two dollars of fine im- posed. All moneys collected from fines for the violation of the provisions of the last two preceding sections shall be paid into the general fund of the county for the benefit of the public schools in said county. (Laws 1895, p. 333, §3; 2 Bal. C, § 7370; P. C, §5387). 222. Penalty for Violating Last Two Sections. That the State Fish Commissioner is hereby authorized and directed to prospect the Lewis river and its tributaries, in Cowlitz county with a view of establishing and maintain- ing a state salmon hatchery thereon. That if after investigating the State Fish Commissioner finds the Lewis river, in Cowlitz county, or any of its tribu- taries, a suitable stream for the location of a salmon hatch- ery he is hereby authorized and directed to establish and maintain a state salmon hatchery on said Lewis river, or its tributaries, in Cowlitz county. (Chapter 42, Laws 1907). Fish, Oyster and Game Laws 99 HATCHERIES. 223. Lewis River — Cowlitz County. That the State Fish Commissioner is hereby authorized and directed to prospect the Lyle river in Clallam county with a view of establishing and maintaining a state salmon hatchery thereon. That if after investigation, the State Fish Commissioner finds the Lyle river in Clallam county a suitable stream for the location of a hatchery, he is hereby authorized and di- rected to establish and maintain a state salmon hatchery on said Lyle river in Clallam county. (Chapter 43, Laws 1907). 224. Lyle River — Clallam County. That the State Fish Commissioner is hereby authorized and empowered and it is hereby made his duty, to establish and maintain a state fish hatchery on the outlet of Trout lake in section 21, in township 29, north of range 3 east, Willamette Meridian, in Island county, Washington: Pro- vided, That said outlet is suitable for the hatching of sal- mon. (Chapter 113, Laws 1907). 225. Trout Lake — Island County. That the Fish Commissioner is hereby authorized and empowered to establish and maintain a fish hatchery on the Big Quilcene river in Jefferson county: Provided, That said stream is suitable for the hatching of salmon. (Chap- ter 188, Laws 1907). 226. Big Quilcene River — Jefferson County. The State Board of Fish Commissioners are hereby au- thorized to sell and convey all the lands embraced in the old Stillaguamish salmon hatchery site in the county of Snohomish, for the best price obtainable. That the money derived from said sale be paid into the State Fish Hatchery fund. (Chapter 111, Laws 1907). 100 State of Washington 227. Stillaguamish Hatchery — Sale of. Any person, persons or corporation who shall take away, ship or transport from the islands comprised within the limits of the boundaries of either San Juan or Island coun- ties in the State of Washington, any quail or bob white, or any Chinese, English, golden. Reeves, Mongolian, silver, black neck, or Japanese pheasants shall be guilty of a mis- demeanor, and upon conviction of any violation of the pro- visions of this act, shall be punished by a fine of not less than ten dollars ($10.00) or more than one hundred dollars ($100.00) for each offense, or imprisonment in the county jail for a period of not less than thirty days, nor more than six months, or by both fine and imprisonment in the discre- tion of the court. Each bird so shipped, taken away, or transported from said islands as aforesaid shall constitute a separate offense under this act. The provisions of this act shall not apply to any person, or persons or corporation who may be engaged, or shall hereafter be engaged in the business of propagation, raising or breeding of any aforesaid described birds; or to any of said birds which may have been propagated, bred and raised in captivity for commercial or domestic purposes. This act only applies and is intended to apply to wild game birds, such as have been described herein. (Laws 1909, Chap. 182). Fish, Oyster and Game Laws 101 ERRATA. 222. Where Pound Nets, Traps, Etc., May Be Used — License — When and Where Unlawful to Fish for Salmon. The use of pound nets, traps, weirs, fish wheels and other fixed appliances, and purse nets, drag nets, drag seines and other seines for catching salmon is hereby authorized in all the waters of this state wherein the same is not prohibited by section one, subject to the regu- lation and license hereinafter provided for or otherwise required by law, and the use of set nets, and gill or drift nets, subject to said license and regulation for said pur- pose is authorized in all the waters of this state, except as otherwise provided by law: Provided, however. That no fishing appliances shall be constructed, operated or main- tained upon any of the waters of this state or the Columbia river or its tributaries by any person whomsoever, unless such person shall have first obtained a license so to do from the Fish Commissioner of this state, who is hereby authorized to issue said licenses: Provided further, That the Fish Commissioner shall obtain from the State Auditor all licenses in blank, and that when he reports to the State Treasurer, the number of licenses so received shall be ac- counted for. The State Auditor is hereby authorized and directed to prepare in (b^ank) consecutively numbered, all licenses to be turned over as herein provided to the Fish Commissioner, keeping a receipt for the licenses so de- livered. A separate license shall be required for each trap, pound net, weir, fish wheel or any other fixed appliance, and for every purse net, purse seine, drag seine, or other seine, gill net, drift net or set net, which license shall be numbered and dated, and shall specify the number of the pound net, trap, weir, fish ^vheel or other fixed appliance, seine, gill net. drift net or set net. which number shall be 102 State of Washington designated by the said commissioner, and said license shall also contain the name of the person to whom such license shall be granted. No license shall be issued to any person who is not a citizen of the United States, unless such per- son has declared his intention to become such one year prior thereto, and is and has been for one year immediately prior to the time of the application, nor shall any license be issued to any corporation unless such corporation shall be authorized to do business in this state: Provided, That nothing in this act shall be construed to prevent the issu- ance of licenses to women, minors of the age of eighteen years or more, or Indians, who possess the qualifications of citizenship and residence herein before required; nor to prevent the renewal of any licenses by persons now holding the same: Provided, Licenses issued by the State of Oregon shall be deemed valid as to gill nets for use on the Columbia river as though issued by the Fish Commis- sioner of this state. No more than three licenses shall be issued to any one person, firm or corporation. Licenses may be assigned or transferred to any person, firm or corporation entitled to hold licenses under the provisions of this act: Provided, That notice is given to the Fish Commissioner of said transfer or assignment by the trans- feree within twenty days from the date of said transfer or assignment: And provided further. If such notice of transfer is not given such license shall be void. No person or corporation shall own, operate or construct, or cause to be constructed or operated any pound net, trap, weir, fish wheel or fixed appliance for the catching of salmon, on the waters of the Columbia river, or its tributaries, or in any of the waters of the State of Washington, the meshes of which are less than three inches stretched measure. INDEX TO SUBJECTS. CLAMS. Page. Par. Digging for sale 74 161 Penalty 74 162 Sale of prohibited, when 74 163 CRABS. Taking for sale or canning unlawful, when 75 164 Size, unlawful to take for sale or canning 76 165 Penalty 76 166 Sale of prohibited, when 75 164 Spearing of crabs unlawful, penalty 76 167 COYOTE. WOLF, LYNX, WILD-CAT and COUGAR. Extermination of, payment of bounty 4o 00 FISH COMMISSIONER. Arrest 6 11 Boats, seines, etc., may be confiscated 33 52 Deputy Fish Commissioner, appointment 3 3 bond of 4 5 compensation of 3 4 instructions to 4 5 term of office 3 3 Expenses shall be audited 5 7 Fines 12 29 Fish Commissioner, appointment 3 1 term of 3 1 Attorney General may assist 4 6 bond of 3 2 compensation of 3 4 duty of 5 8 may employ help 72 156 member of oyster commission 50 104 oath, may administer 32 49 report of 6 9 reports to 31 48 report to 48 97 reports to, confidential 32 51 streams may be closed by 30 43 104 Index to Subjects Page. Par. Fish Commissionor. as 8tatp Ganip Wardon 8 18 " " as State Game Warden, powers of. 8 19 " " as State Game Warden, reports of. 10 23 Inspection of canneries 6 10 Resisting an officer, punishment for 6 12 Special deputy may be appointed 7 13 " " compensation of 7 14 FISH HATCHERIES, STATE. Board of Fish Commissioners, members of 7 15 " " " " compensation of 7 17 " " " " hatcheries under con- trol of 7 16 Hatchery fund 31 45 FISH HATCHERIES. PRIVATE. Defined 4T 93 Fund into which license fee paid 49 100 License fee 48 96 " fee for buying, packing etc 49 98 Passageway for migratory fish 47 92 " for boats, logs, etc 47 92 Penalty 49 101 Repealing clause 50 103 Reports to fish commissioner 48 97 Riparian proprietor may establish 46 91 Sale of fish from — conditions 48 94 Tags or brands on fish sold from 49 102 Unlawful to take fish from, without consent of proprietor 49 99 When fish from may be sold 48 95 GAME LAWS OTHER THAN RELATING TO FISH. Appropriation 92 208 Bea\er. killing prohibited, when 81 178 Dogs, use of prohibited in certain counties 91 203 Deer or cariliou, killing of prohibited, when 79 172 " on islands, killing of prohibited, when 80 175 Ducks, crane, snipe and swan, killing prohibited, when. 82 179 Elk, killing prohibited, when 80 174 " moose, antelope, etc., killing prohibited, when 79 173 Fire hunting, trapping and ensnaring prohibited 91 204 Fund, state 78 169 Game birds, number that may lie killed 81 177 Game, taking from state 78 171 Index to Subjects 105 Page. Par. Game, sale of. penalty 85 189 " possession of — presumptive evidence of guilt. ... 86 190 " protection fund 87 193 Gasoline and other launches, firing from prohibited. ... 83 183 Geese and brant, killing of prohibited, when 82 180 " brant and other water fowl, hunting prohibited on Columbia and Snake rivers 83 182 Grouse, partridge, prairie chicken, etc., killing pro- hibited, when 80 176 Pheasants, quail and other birds, killing prohibited, when 81 178 Hides, killing for prohibited 91 205 Hunting on certain islands prohibited 97 218 Hunting on Lake Washington prohibited 97 219 License fee for hunting 77 168 " unlawful to hunt without 77 168 " penalty for hunting without 78 170 Nests, destroying or removing eggs from, prohibited .... 89 196 Nest robbery prohibited 93 210 Okanogan county pheasant, quail, etc 84 187 Penalties 84 187 Penalties, when do not apply to prospectors 95 215 Pheasants, imported, killing prohibited, when 84 185 " Oriental, when lawful to kill males 85 188 " in Okanogan and Snohomish, when unlawful to take or kill 87 192 " and quail may not be shipped or transported from San Juan and Island counties 87 194 Quail killing prohibited, when 83 184 Sneak boats 82 181 " " sink boxes, etc., use of prohibited 93 209 Song birds, taking or possession of prohibited 94 212 " " nests and eggs of protected 95 213 WILD BIRDS, OTHER THAN GAME BIRDS. Killing or possession of prohibited 88 195 Destruction of nests and eggs prohibited 89 196 Penalty for violating provisions relating to 89 197 ■ " scientific purposes — exemption 89 198 Scientific purposes, certificate for 89 199 " " certificate, terms of 90 200 Penalty, exception as to certain birds 90 201 Sale of game fish or game, when prohibited 90 202 106 Index to Subjects GAME LAWS RELATING TO THE TAKING OP FISH. Page. Par. Bass, perch, pickerel and pike, when unlawful to take. . 42 83 Bass, perch, pickerel and pike, to be taken only with hook and line 43 84 Bass, perch, pickerel and pike, penalty for violating pro- visions relating to 4.3 85 Citizenship, certificate of 37 65 " certificate of, fee for 37 67 " evidence of 37 65 Citizens only may take fish for sale 36 64 " only may take for sale, exceptions 38 68 Corrupting waters containing fish 35 58 Explosives, use of prohibited 35 58 Fishways to be provided 35 59 " " taking fish near, unlawful 85 59 Justices of the peace, jurisdiction of 36 62 Propagation, taking for, lawful 36 63 Sawdust, etc.. casting into stream unlawful 36 60 Screens at head of canals, ditches and flumes 44 87 " penalty for failure to erect 45 88 Sturgeon, protection of 38 69 " Chinese lines, use of prohibited 39 71 " young, protection of 38 70 Trout, when may be taken in Chelan county 40 76 " penalty for unlawfully taking in Chelan county. 40 77 " when unlawful to take 41 79 " when unlawful to take in Olympia harbor 30 44 " in what territory prohibited 43 86 " to be taken with hook and line only 41 80 " possession of out of season, effect of 42 81 " penalty 42 82 " unlawful to take for sale, salting, etc 40 76 " penalty for taking for sale, salting, etc 41 77 " unlawful to transport 40 74 " unlawful to have in possession for transportation or market 40 74 •' penalty for unlawful possession, etc 40 75 GAME WARDEN.S. Authority of 96 217 Duty of 96 216 Chief deputj' state game warden, appointment of 8 20 duty of 8 20 salary of 8 20 Index to Subjects 107 Page. Par. County game wardens, appointment of 9 21 " " " salary of 9 21 " " powers of 9 . 22 " " expenses of 10 24 State game warden, office created 8 18 duties and powers of 8 19 " " " reports of 10 23 OYSTERS. Dredging for, when unlawful 67 143 " penalty 66 140 " " rules prescribed by Fish Commissioner. . . 73 ... " " eastern, unlawful, penalty 67 143 Eastern, propagation of, experimental stations 71 155 Fish Commissioner may dredge for discovery of 71 154 Fish Commissioner may permit others to dredge under rules prescribed by him 71 154 How gathered, penalty 72 159 Penalty 72 160 Open season for gathering 67 141 Personal property, when, penalty for unauthorized taking 64 133 Penalty for removal without authority 65 136 Penalty for unlawful gathering 66 140 Planter's right to 64 133 Planting does not give prior or exclusive right to pur- chase or lease 65 135 Small, to be returned to bed, penalty. . 66 138 Unexplained possession, effect of 66 137 Sale of prohibited, when 74 163 OYSTER BEDS. Right of discoverer to 62 129 Time allowed in which to remove from 63 131 Penalty for gathering from beds discovered by others. . 63 130 Word "persons" in act relating to, construed 64 132 OYSTER LANDS, ACQUISITION OF. Acqusition of for planting 55 119 Construction of law relating to 57 122 Citizens only may purchase 58 124 Price per acre 56 120 Prior right of purchase to actual occupant 56 121 Right of purchase, upland owners 58 123 Survey of 55 119 108 Index to Subjects OYSTER LANDS, LEASE. Page. Par. Abandonment of, entitled to lease other lands, when.. 71 153 Application for, how made 68 146 " must describe location 70 148 " must not exceed 40 acres 70 149 Conditions of, forfeiture 70 150 Construction of act relating to 70 151 Prior right to 68 145 Term of, rental, new application 69 147 Survey and description of lands covered by, to be re- corded 71 152 What lands subject to 68 144 OYSTER LANDS, SALE OF. Artificial cultivation, right to purchase 59 126 Revert to state, when 60 127 State reserves right to take from purchaser 60 127 STATE OYSTER COMMISSION, OYSTER FUND AND APPROPRIATION. Appropriation 55 117 License fee 54 114 " application for 52 111 granting of 53 112 " number of sacks to be taken under 52 111 Sack, definition of 54 113 Sacks, price for 52 111 License, time seed may be taken under 52 111 to take seed 52 111 Oyster fund 54 115 Penalty 54 116 State Oyster Commission, creation of 50 104 " " " duties and powers of 51 108 " " " granting of licenses by 53 112 meetings of 50 106 ■ " " " quorum 50 107 " " " reserves established by, re- served from sale or lease. 51 108 " " " secretary and records of 50 103 SALMON, REGULATIONS FOR CATCHING. Drag seine locations, how made 25 40 Fish trap or pound net locations need not be marked by piles on Puget Sound 25 40 Index to Subjects 109 Page. Par. Fish trap or pound net locations in Columbia river, Wil- lapa and Grays harbors to be indicated by piles. ... 25 40 License 20 34 assignment of (Laws 1907, Chap. 247) ... " citizens only may procure 36 64 " fees for buying, packing, etc 18 33 " " for canneries 24 38 •' " for fishing appliances 20 34 " failure to obtain, misdemeanor 29 41 " number to be placed on boats 22 36 " " " " " " traps 22 36 " separate for each trap, etc 22 36 Penalty 25 39 Pound nets, traps, seines, etc., where may be used 25 40 " " " etc., how constructed 25 40 " " " " lights displayed on 22 36 Puget Sound defined 34 55 Rivers and Deception Pass- — certain apparatus pro- hibited 13 30 Repeal 33 54 Salmon, definition of 30 46 " Fish Commissioner or U. S. Officer may take for propagation 31 47 " taking near fish rack prohibited 34 56 " taking, when unlawful 13 30 young must be returned to water 34 57 When it shall be unlawful to fish for salmon in Grays Harbor and tributary waters 16 31 Set net locations, how made 25 40 Set net, pound net and trap locations, survey and map of 25 40 Set net. pound net and trap locations, mortgage, sale and transfer of 25 40 Set net, pound net and trap locations, piles and struc- tures to be removed from 29 42 Set nets, when not unlawful 29 42 Terms defined 32 50 SEALS AND SEA LIONS. Providing for destruction of seals and sea lions on Co- lumbia river 45 89