Gla5s_ SK ^ Q ^ Book SUPPLEMENT TO 1915 EDITION OF THE FISH AND GAME UWS HASSACIUSETTS PUBLISHED AUGUST, 1917 NEW ACTS AND AMENDMENTS TO MASSACHUSETTS FISH AND GAME LAWS. 1916 AND I9I7. Published by the COMMISSIONERS ON FISHERIES AND GAME. /. Commissioners. WILLIAM C. ADAMS, Chairman. GEORGE H. GRAHAM. ARTHUR L. MILLETT. Ofiice, Room 321, State House, Boston. Telephone, Haymarket 4600. BOSTON: Wright & Potter Printing Co.. State Printers, 32 Derne Street. 1917, t^o-X 'S^l^ Publication of this Document approved by the Supervisor of Administration. D. of D. OCT 23 191 r J SAFETY FIRST. ^ — ■ — — ' DON'TS WITH FIRE IN THE WOODS. Don't throw a lighted match down; break it. Don't smoke cigars or cigarettes in the woods or fields; if you must smoke, use a covered pipe. Don't build any fires in the open without a permit from the Town Fire Warden. Otherwise you are violating the law. Don't build big fires or where a sudden puff of wind may spread a small one. Don't leave a fire without covering well with water or sand. Don't fail to put out a small fire which you may find. If you cannot possibly do so, don't fail to notify the Fire Warden or some one who will go to him at once to report a fire which is beyond your control. Then stay with it and help put it out. DON'TS WITH FIREARMS. Don't point firearms at any human being or domestic animal. Keep the muzzle toward the ground or in the air. Don't take a loaded firearm into a house, vehicle or boat. Don't set firearms down without unloading. Don't jump or cUmb a fence or jump a stream without unloading. Don't shoot without knowing what you are shooting at. Don't get snow or dirt in your gun — it will burst. Don't leave your hunter's license at home. Be sure it is in a safe place on your person before you start. Your hunter's Ucense does not give you the right to hunt on posted land, reservations, parks or within the city hmits. Land owners have a lawful and moral right to say who may hunt on their property. Respect these rights and they will have more regard for you and your sport and recreation. LITTLE LESSONS IN THE CONSERVA- TION OF FISH. The advance of civihzation always decreases the natural fish and game supply. Preach and practice conservation. Don't take fish that are full of spawn; leave them to deposit their eggs, and the small to grow into mature fish. Don't take more than you need. Don't try for the largest number; try for the largest fish. Don't try to get the last one; leave some for others. Report violations to the Fish and Game Com- missioners. Remember, this is your sport. No one is as interested in it as the himters and fishermen and it is up to you to make or ruin it. LITTLE LESSONS IN THE CONSERVA- TION OF BIRDS AND ANIMALS. In summer, with an iron rake, scratch in waste places, about fence corners, briar patches or any waste land and plant buckwheat, wheat, rye, kaffir corn, sunflowers or other grains to be left for birds in the fall and winter. Before severe winter weather estabHsh feeding stations. Clear away snow to the ground. Place grain and grit in hay chaff, barn sweepings or straw. Grit is necessary with hard grains. Build rough shelters of boughs on sunny side of stone walls, fences or other places which birds frequent. Leave openings so they may escape their enemies. Large hawks, large owls, crows, cats, dogs, skunks or other so-called vermin should be killed or driven away from bird covers. Most land owners protect birds. The good they do ealing weed seeds and insect pests repays them. During severe winter weather hundreds of people are feeding them with grain and grit. You can help greatly by doing the same. Nests of all wild birds except birds of prey should be left untouched. Some birds will not return to a nest where the eggs have been handled. Remember when hunting it takes a year to produce one adult bird; this may be destroyed in an instant. Our native birds cannot be replaced by hatch- ery method, as with the pheasant. Beware or you may exterminate. Remember the fate of the passenger pigeon, once in countless numbers; now there is a reward of $1,000 to find one pair nesting in the United States. 6 Deer should be killed by agriculturists only when actually doing substantial damage to growing crops. Be sure to report any killing to the Commissioners on Fisheries and Game in writing. Fur-bearing animals should only be taken when pelts are prime. One good one is worth many poor ones. Visit traps every day so there will be no needless suffering. Kill animals quickly and as humanely as possible. NEW ACTS AND AMENDMENTS TO MASSACHUSETTS FISH AND GAME LAWS, 1916 AND 1917. FISH. Acts of 1916, Chap. 130, Special. An Act depriving the town of Newbury of the right to regulate fishing in the streams of that town. Chapter one hundred and ninety-five of the acts of the year eighteen hundred and thirty- seven, which authorizes the town of Newbury to regulate the taking of fish in the streams within that town, and all acts and parts of acts in amendment thereof and in addition thereto, are hereby repealed. Acts op 1916, Chap. 193, GENERAii, An Act to authorize the Board of Commissioners on Fisheries and Game to lease Oyster Pond in the county of Dukes County. (New law. To be inserted on page 38 of the 1915 edition of the fish and game laws.) Section 1. The board of commissioners on fisheries and game, or a majority of them, may, at any time within twenty years after the pas- sage of this act, in the name of the common- wealth, lease the pond known as Oyster pond, in the county of Dukes County, and any of the arms, coves and bays thereof, for the purpose of cultivating useful fish, for such periods of time, within the said twenty years, and on such terms and conditions as they may deem to be for the public interest, but only after a hearing upon an application for such a lease, the time and place of which shall have been published in all the towns within whose limits any part of said pond lies: provided, that nothing herein shall be construed to affect the right of any citi- zen of the commonwealth to take fish in said pond or the waters connected therewith, by hook and line, in conformity with law. Section 2. Any of said towns may become a lessee hereunder and appropriate such sums as may be required therefor. Section 3. For the purposes of this act the board may define the limits of the said pond, and the arms, coves and bays thereof, and when a statement of its limits so defined is recorded in the registry of deeds for said county, they shall be deemed to be the legal limits thereof. The board shall have custody of all leases made hereunder, and may, in behalf of the common- wealth, exercise all the rights and shall have all the remedies available to lessors of real estate. Section 4. This act shall take effect upon its passage. Acts of 1916, Chap. 287, Special. An Act to authorize the towns of Mattapoisett, Marion and Rochester to lease their herring fishery rights. (New law. To be inserted on page 35 of the 1915 edition of the fish and game laws.) Section 1. The towns of Mattapoisett, Marion and Rochester, acting jointly by the selectmen of the said towns, are hereby author- ized to lease their herring fishery rights for a term or terms not exceeding ten years, upon such conditions and for such considerations as the selectmen may determine. Section 2. This act shall take effect upon its passage. Acts op 1916, Chap. 34, General. An Act relative to the taking of fish in the waters of Cohasset and Scituate. (To take the place of Section 1 of Acts of 1912, Chap. 449, amended by Acts of 1913, Chap. 124, on page 27 of the 1915 edition of the fish and game laws.) Section 1 . It shall be unlawful for any person to display torches or other light designed or used for the purpose of taking herring or other fish in any of the waters of Cohasset, Scituate and Marshfield, or in the waters of Duxbury and Pljmaouth harbors westerly of a line drawn from Pier Head to Saquish Head, or in the waters of the town of Kingston: -provided, however, that the selectmen of the towns of Scituate, Marsh- field, Duxbury, Kingston and Plymouth may grant permits for the display of torches or other light for the purposes aforesaid, within the limits of their respective towns as herein described, except that no permits shall be granted for the above named purposes in the waters of Scituate south-westerly of a line drawn from Little Black Rock to Gull Island; and provided, further, that the selectmen of Cohasset and Scituate may grant permits for the display of torches or other lights for the purpose aforesaid in the waters lying southwesterly of the above mentioned line and in boats propelled by hand power only. Such permits may at any time be revoked and may be granted under such restrictions as in the judgment of said selectmen will prevent nuisances. Acts of 1916, Chap. 50, General. An Act to prohibit the use of seines in Essex River and the tributaries thereof. (New law. To be inserted between Sections 48 and 49 on page 40 of the 1915 edition of the fish and game laws.) Section 1. It shall be unlawful to use any kind of seine for the purpose of taking herring or other fish in the waters of Essex river or the trib- utaries thereof. 10 Section 2. Any violation of this act shall be punished for a first offence by a fine of not less than twenty-five or more than fifty dollars, or by imprisonment for not less than thirty or more than sixty days, or by both such fine and im- prisonment, and for a second offence, by both such fine and imprisonment. Acts of 1917, Chap. 54, General. An Act relative to the regulation of fish weirs. (To take the place of Section 116 on page 96 of the 1915 edition of the fish and game la^vs.) Section 1. The mayor and aldermen of a city and the selectmen of a town lying upon tide water, may, in writing, authorize any person to construct weirs, pound nets or fish traps in tide water within the limits of such city or town for a term not exceeding five years, but no authority or license so given shall be valid unless approved in writing by the commission on waterways and public lands. Section 2. This act shall take effect upon its passage. Acts of 1917, Chap. 87, General, An Act relative to taking fish in the waters of the city of Beverly. (New law. To be inserted after Acts of 1912, Chap. 63, on page 99 of the 1915 edition of the fish and game laws.) Section 1. It shall be unlawful for any person to take fish in the waters of the city of Beverly by beam trawl, otter trawl or seine: -provided, however, that the board of aldermen of the city may grant permits for the taking of fish in the said waters by the use of seines. Section 2. Any violation of this act shall be punished by a fine of not more than fifty dollars. 11 Acts of 1916, Chap. 41, General. An Act to provide for the protection of flounders in waters adjacent to Beverly and Marblehead. (New law. To be inserted at the bottom of page 98 of the 1915 edition of the fish and game laws.) Section 1, It shall be unlawful during the months of February, March, April and May to catch any flounders in any fyke or gill net or to set such a net during said months for the catch- ing of flounders in any waters lying westerly of a line drawn from Hospital Point Light, so- called, in Beverly, to Peach's Point, so-called, in Marblehead. Section 2. The harbor master of Salem shall have authority to enforce the provisions of this act as well as any other persons having such authority under the general laws or acting under authorit}'- of the board of commissioners on fisheries and game. Section 3. Whoever violates any provision of this act shall be punished by a fine of not ex- ceeding one hundred dollars, or by imprison- ment for a term not exceeding three months, or by both such fine and imprisonment. Acts of 1916, Chap. 35, General. An Act relative to the planting and cultivating of clams and quahaugs in the county of Plymouth. (New law. To be inserted at the bottom of page 67 of the 1915 edition of the fish and game laws.) Section 1. The selectmen of any town' in the county of Plymouth, except the towns of Plymouth, Kingston and Duxbury, which ac- cepts the provisions of this act, may, by a writing under their hands, grant a license for such a term of years, not exceeding fifteen, as in their discretion they may deem for the public good, to any citizen of such town, to plant, cul- tivate and dig clams and quahaugs upon and in any flats and creeks in the town between mean high and mean low water mark, not, however, im- 12 pairing the private rights of any person. The territory covered by any such Hcense shall not ex- ceed two acres for each clam or quahaug grant. The license may be assigned by the licensee to any person who is a citizen of the town, but only with the written consent of the selectmen. The said licenses shall be granted only to persons who intend in good faith to plant, cultivate and dig clams or quahaugs. Section 2, The licenses herein provided for shall not be granted if their exercise would materially obstruct navigable waters. No license shall be granted under this act until after a pub- lic hearing, notice of which shall have been given by posting in three or more public places in the town at least ten days before the hearing. Such notice shall state the date of the hearing, the name and residence of the applicant, the date of the filing of the application, and the location, area and description of the grounds applied for. Section 3. The license shall describe by metes and bounds the flats and creeks so appro- priated, and shall be recorded by the town clerk before it shall have any force; and the licensee shall pay into the town treasury two dollars, and to the town clerk fifty cents. Section 4. The licensee and his heirs and as- signs shall, for the purposes aforesaid, have the exclusive use of the flats and creeks described in the license during the time specified therein, and may in an action of tort recover treble damages of any person who, without his or their consent, digs or takes clams and quahaugs from such flats or creeks during the continuance of the license. • Section 5. A town which accepts the pro- visions of this act may, at any annual meeting or at any special meeting called for the purpose, make such by-laws as the town may from time to time deem expedient, to protect and preserve the shellfisheries witliin the town: provided, always, that such by-laws shall not infringe the laws of the commonwealth. 13 Section 6. If it appears to the selectmen that the licensee, or his heirs or assigns, for a period of two years, has failed actually to use and oc- cupy the grant for the purposes specified in the license, they may, after a public hearing, thirty days' notice of which shall be given to the licensee, revoke the license, and use of the terri- tory shall revert to the town. Section 7. Whoever takes any shellfish from the waters of any town which accepts the pro- visions of this act in violation of any by-law established by the town, or of any provision of this act, shall for every such offence pay a fine of not less than jfive or more than ten dollars, and the costs of prosecution, and five dollars for every bushel of shellfish so taken. Section 8. A plan of each grant made under this act shall be kept in the office of the select- men, and shall be open to public inspection at all times. Section 9. This act shall take effect in any town to which it applies upon its acceptance by a majority of the voters of the town voting upon the question of its acceptance at any annual town meeting, or at any special town meeting called for the purpose, but for the purpose of authorizing said vote, it shall take effect upon its passage. Acts of 1916, Chap. 61, General. An Act relative to the penalty for taking, selling or having in possession short lobsters. (To take the place of Section 88, Chap. 91, R. L., as amended by Acts of 1907, Chap. 303, on page 71 of the 1915 edition of the fish and game laws.) Section 88. Whoever sells or offers for sale or has in his possession an uncooked lobster less than nine inches in length, or a cooked lobster less than eight and three quarters inches in length, measuring from the extremity of the bone protruding from the head to the end of the bone of the middle flipper of the tail of the lob^. 14 ster, extended on its back its natural length, shall forfeit not less than two or more than five dollars for every such lobster, one half to the use of the city or town in which the offence is com- mitted and one half to the Commonwealth; and in all prosecutions under the provisions of this section any mutilation of a lobster, cooked or uncooked, which affects its measurements shall be prima facie evidence that the lobster is less than the required length and the possession of any lobster, cooked or uncooked, which is not of the required length shall be prima facie evi- dence to convict. This act shall not apply to common carriers having lobsters in possession for the purpose of transportation. Acts of 1917, Chap. 235, General. An Act relative to the purchase and release by the board of cfommissioners on fisheries and game of egg-bearing lobsters. (To take the place of Chap. 408, Acts of 1904, on page 78 of the 1915 edition of the fish and game laws.) Section 1. The board of commissioners on fisheries and game may purchase to the extent of the money provided for that purpose, and at a rate not above the market price, lobsters with eggs attached taken along the shores of the com- monwealth. Whosoever takes any such lobsters with eggs attached may, after obtaining a permit from said board, safely store the same in lobster cars or sections of cars used for such purpose only, and shall keep them separate from other lobsters until such time as the board or its agents can gather and pay for the same. The board or its agents shall liberate said lobsters in the vicinity of their place of taking. Said board may also purchase egg-bearing lobsters found in the possession of lobster dealers and for such purpose may expend a sum not exceeding that expended as above authorized. Section 2. Said board or its agents shall mark in some suitable manner, and before their release, 15 all lobsters purchased under the provisions of this act, and any lobsters so marked shall not again be purchased. Any person having in his possession any lobsters so marked, or any lobster mutilated in such manner as to hide or obliterate the said mark, shall be punished by a fine of not less than two nor more than two hundred dollars. Section 3. Chapter four hundred and eight of the acts of the year nineteen hundred and four is hereby repealed. Acts of 1916, Chap. 27, General. An Act relative to the taking' of fish in the waters of Hingham Harbor, Weymouth Back River, Hull Bay and adjacent waters. (To take the place of Section 1 of Acts of 1914, Chap. 309, on page 26 of the 1915 edition of the fish and game laws.) Section 1. No person shall set, draw, use, or attempt to set, draw, or use any net, seine, trap or other device for catching any fish by other than a naturally or artificially baited hook in any waters southerly of a line drawn from the westerly point of Hull mainland at Windmill Point, so-called, to the most easterly point of Peddock's island; thence following the easterly shore of Peddock's island at highwater mark to the most southerly point of said Peddock's island, thence across the Back channel, so-called, to the most northerly point of Hough's Neck, or in any cove, bay, inlet or tributary thereof: "provided, that the selectmen of Hingham, Weymouth and Hull may, by joint action, grant permits for the purpose aforesaid within said waters, with such restrictions as, in their judgment, will prevent the same from constituting or causing a nuisance; and they may at any time revoke any such per- mit. The provisions of this act shall not pro- hibit the use of traps for the catching of lobsters. 16 Acts of 1917, Chap. 312, General. An Act to provide for the better protection of the lob- ster industry. (New law. To be inserted after Section 87 on page 71 of the 1915 edition of the fish and game laws.) Section 1. No person either as principal, agent, or employee shall at any time catch or take lobsters from any waters within the juris- diction of the commonwealth, or place, set, keep, maintain, supervise, lift, raise, or draw in or from the said waters, or cause to be placed, set, kept, maintained, supervised, lifted, raised or drawn in or from the said waters any pot, trap, or other contrivance designed for, or adapted to, the tak- ing of lobsters, unless licensed so to do as here- inafter provided. Section 2. The clerk of any city or town in the counties of Essex, Middlesex, Suffolk, Nor- folk, Plyniouth, Barnstable, Bristol, Dukes or Nantucket, situated on the shores of this com- monwealth, shall, in the manner and subject to the provisions hereinafter set forth, grant licenses to catch or take lobsters from the waters of the commonwealth within three miles of the county within which the city or town granting the license is situated. Such a license shall be granted to any applicant who has resided in the common- wealth for a period of at least one year next preceding the date of the same. Non-residents transiently or temporarily residing in any city or town granting such licenses may, during the months of June, July, August and September in each year, upon payment of the fee hereinafter provided, procure a license to take lobsters for consumption of the licensee and his family only. Applications for licenses shall be made on special forms provided by the board of commissioners on fisheries and game. Licenses, except those granted to non-residents, shall expire on the thirty-first day of October next succeeding the granting of the same unless sooner revoked as hereinafter provided. The city or town clerk 17 granting a license, shall collect therefor a fee of one dollar, which shall be paid to the treasurer and receiver general on the first Monday of every month. Upon the granting of a license here- under, the city or town clerk shall forthwith forward to the board of commissioners on fisheries and game the name and address of the licensee, the number of the license and the date of its expiration. An applicant for a license under the provisions of this act shall state the color scheme or other special markings of the buoys to be used by him which shall be set forth in his license, and all buoys used by him shall be marked accordingly. A person licensed hereunder within the county of Norfolk shall have the right to fish in the waters of the two adjoining counties. Section 3. A licensee hereunder shall at all times, while acting in pursuance of the license exhibit his license upon the demand of any com- missioner, deputy commissioner or local fish and game warden. Section 4. The conviction for a second time of a person licensed hereunder of catching short lobsters, of taking seed lobsters, or of interfering with the pots or gear of any other fisherman shall render his license void, and the same shall im- mediately be surrendered to the officer who secured the conviction, and the person so con- victed shall not be entitled to receive another license for a period of one year from the date of such conviction: provided, however, that no per- son licensed under the provisions of this act shall lose his license unless more than two per cent in count of the lobsters in his possession are short lobsters. Section 5. A licensee hereunder shall, before receiving a new license, file a report of his catch of the previous year with the city or town clerk, who shall forthwith forward the same to the board of commissioners on fisheries and game, and the commissioners in their annual report shall 18 state the number of licenses granted under the provisions of this act, and the names of the licensees. Section 6. Any violation of the provisions of section one of this act shall be punished by a fine of not less than ten dollars. Section 7. Chapter two hundred and sixty- five of the acts of the year nineteen hundred and nine is hereby repealed. Section 8. This act shall take effect on the first day of November in the year nineteen hun- dred and seventeen. Acts op 1917, Chap. 53, General. An Act relative to taking fish which frequent fresh water. (To take the place of Section 132 on page 106 of the 1915 edition of the fish and game laws.) Section 1. Whoever takes any fish which at any season frequent fresh water, except as other- wise allowed in this chapter, in any other manner than by artificially or naturally baited hook and hand line, shall forfeit not less than five nor more than fifty dollars; but towns may permit the use of nets and seines for taking herring and alewives or pots for the taking of eels; and nothing in this act shall be construed to prohibit the spearing of those species of fish commonly known as eels and "suckers". The possession by any person in or upon fresh waters or upon the banks of the same, except as allowed by this section, of any net, trap, trawl, or other device adapted for taking fish shall be prima facie evidence of a violation of this act. Section 2. This act shall not apply to ponds or waters already held under lease or which may hereafter be leased by the commonwealth or by the board of commissioners on fisheries and game. 19 Acts of 1916, Chap. 25, General. An Act relative to the open season on brook trout. loJn '??.!''^^ i^'n^ ""^ ^^^^' ^^^P- 377, as amended by Acts of ame law?) °° ^^^^ °^ *^® ^^^^ edition of the fish and Section 1. Beginning with the year nineteen hundred and seventeen, the open season for the taking of brook trout shall begin on the fifteenth day of April and end on the first day of August. Section 2. So much of section one of chapter three hundred and seventy-seven of the acts of the year nineteen hundred and nine, as amended by section one of chapter four hundred and sixty- nine of the acts of the year nineteen hundred and ten, as is inconsistent herewith is hereby repealed. Acts op 1917, Chap. 188, General. An Act relative to the taking of trout. (New law. To be inserted after Acts of 1909, Chap. 377 as amended by Acts of 1910, Chap. 469, on pages 43 and 44 ot the 1915 edition of the fish and game laws.) Section 1. It shall be unlawful to take trout other than by rod and single line, and at any other time than between one hour before sunrise and two hours after sunset. No person shall in any one day take a total of more than twenty- fave trout of any or all species, and when two or more persons are angling from the same boat or ratt they shall take not more in the aggregate than thirty trout. Section 2. Any violation of this act shall be punished by a fine of not less than five nor more than twenty dollars for each fish unlawfully taken. *^ Section 3. This act shall take effect on the nrst day of January, nineteen hundred and eighteen. 20 Acts of 1916, Chap. 6, General. An Act relative to the taking of pickerel. (To take the place of Section 67, Chap. 91, R. L., asamended by Acts of 1904, Chap. 329, on page 47 of the 1915 edition of the fish and game laws.) Section 67. Whoever takes from the waters of this commonwealth a pickerel less than ten inches in length, or sells or offers for sale, or has in his possession any such pickerel, shall forfeit one dollar for each pickerel so taken, held in posses- sion, sold or offered or exposed for sale; and in prosecutions under the provisions of this section the possession of pickerel less than ten inches in length shall be prima facie evidence to convict. Acts of 1917, Chap. 27, General. An Act relative to the taking of white perch. (To take the place of Section 1 of the Acts of 1915, Chap. 54, Gen., on page 46 of the 1915 edition of the fish and game laws.) Section 1. It shall be lawful for any per- son to take white perch from waters that have been stocked by the fish and game commissioners with white perch and to have the same in pos- session: provided, that no perch less then seven inches long is taken and that the taking is by angling only; and provided, also, that a total of not more than ten pounds of white perch is taken in any one day, except that if the last fish caught increases the total weight of the fish caught to more than ten pounds the last fish so taken may lawfully be kept, and provided, also, that when two or more persons are angling from the same boat or raft they shall not take more in the aggregate than fifteen pounds, except that if the last fish caught increases the total weight of the fish caught by such persons to more than fifteen pounds, the last fish so taken may law- fully be retained. This act shall not apply to waters already held under lease or which may hereafter be leased by the commonwealth or by the board of commissioners on fisheries and game. 21 Acts op 1917, Chap. 182, General. An Act relative to the taking of shiners for bait in the Merrimack and Connecticut Rivers. (Repeals Section 81 of Chap. 91, R. L., as amended by Acts of 1904, Chap. 116, and further amended by Acts of 1905, Chap. 81, on page 55 of the 1915 edition of the fish and game la's\"s.) Section eighty-one of chapter ninety-one of the Revised Laws, as amended by section one of chapter one hundred and sixteen of the acts of the year nineteen hundred and four, and by sec- tion one of chapter eighty-one of the acts of the year nineteen hundred and five, relative to taking shiners in the Merrimack and Connecticut rivers, is hereby repealed. GAME. Acts op 1916, Chap. 74, General. An Act relative to the granting of hunters' licenses to minors. (To be inserted at Section 7, page 112 of the 1915 edition of the fish and game laws.) (Section 7 of Acts of 1911, Chap. 614, as amended by Acts of 1912, Chap. 379; Acts of 1913, Chaps. 249 and 479; Acts of 1915, Chap. 212, Gen., on pages 110-114 of the 1915 edition of fish and game laws, should be stricken out.) Section 1. A hunter's license, under the provisions of chapter six hundred and fourteen of the acts of the year nineteen hundred and eleven and amendments thereof, shall not be granted to minors under eighteen years of age as a matter of right, but the clerk of any city or town may, in his discretion, issue a license to any such minor provided that the minor applies there- for in writing, and files a statement signed by his parents or guardian consenting to the grant- ing of the license. The consent of the parents or guardian shall be preserved by the clerk as a part of the record of the case. Section 2, > Section seven of chapter six hun- dred and fourteen of the acts of the year nineteen 22 hundred and eleven is hereby repealed, and so much of any other section of the said chapter as is inconsistent herewith shall not apply to the provisions of this act. Acts of 1917, Chap. 26, General. An Act relative to the issuance of hunters' certificates of registration. (To take the place of Section 2 of the Acts of 1911, Chap. 614, as amended by the Acts of 1912, Chap. 379; Acts of 1913, Chaps. 249 and 479; Acts of 1915, Chap. 212, Gen., on page 110 of the 1915 edition of the fish and game laws.) Section 2. The clerk of any city or town shall, upon the application of any person en- titled to receive a certificate of registration under any of the classes hereinafter described, and upon payment of the registration fee hereinafter specified, and the furnishing of an affidavit by any non-resident who desires to be classified under clauses one, two and three of section four of this act, register and issue to such person a certificate in the form prescribed and upon a blank furnished by the commissioners on fisheries and game, which certificate shall bear the name, age, occupation, place of residence, and signature and identifying description of the person thus registered, and shall authorize the person so registered to hunt birds and quadrupeds, subject to such conditions as are provided by law. The clerk of any city or town may issue a certificate as to any of the classes hereinafter described on or after December twenty-sixth in the year preceding that during which the certificate may be used. Said certificate shall bear the date of January first and shall be valid for use to and including the following December thirty-first, and no longer, shall not be transferable and shall be produced for examination upon the demand of any person. Failure or refusal to produce said certificate upon such demand shall be prima facie evidence of the violation of this act. 23 Acts of 1917, Chap. 139, General. An Act relative to the open season for the killing of deer. (To take the place of Section 2, Acts of 1910, Chap. 545, as amended by Acts of 1912, Chap. 388; Acts of 1913, Chap. 529, and Acts of 1914, Chap. 453, on page 145 of the 1915 edition of the fish and game laws.) Section 2. Any person who is duly authorized or licensed to hunt in this commonwealth ac- cording to the provisions of law, may, between sunrise of the first Monday of December and sunset of the following Saturday, hunt, pursue, take or kill by the use of a shotgun, a wild deer, subject to the following restrictions and provi- sions: — No person shall kill more than one deer under the provisions of this section or have in possession more than one deer killed under the provisions of this section. No deer shall be hunted, taken or killed on land posted in ac- cordance with the provisions of section fourteen of chapter ninety-two of the Revised Laws, or on land under the control of the metropolitan park commission or of the metropolitan water and sewerage board, or in violation of any city ordinance or town by-law, or in any state reser- vation, or by any method prohibited by law. It shall be unlawful to make, set or use any trap, salt lick or other device for the purpose of en- snaring, enticing, taking, injuring or killing a deer. Whoever wounds or kills a deer under the pro- visions of this section shall make a report in writing, signed by him, and mailed or otherwise transmitted within twenty-four hours of such wounding or killing, to the commissioners on fisheries and game, stating the facts relative to the wounding or killing. 24 Acts of 1916, Chap. 7, General. An Act to provide a penalty for hunting birds or quadrupeds with rifles, revolvers or pistols during the open season for deer. (To be added, as Section 3, to Acts of 1913, Chap. 542, on pages 147 and 148 of the 1915 edition of the fish and game laws.) Section 3. Any person violating any provi- sion of this act shall be punished by a fine of not less than ten nor more than fifty dollars for each offence. Acts of 1916, Chap. 110, General. An Act to prohibit the use of artificial light and of vehicles in hunting. (To take the place of Section 1 of Acts of 1910, Chap. 533, as amended by Acts of 1911, Chap. 101, on page 141 of the 1915 edition of the fish and game laws.) Section 1. It shall be unlawful to take or kill a game bird or water fowl, or any wild game quadruped, for which a close season is provided, by means of a trap, net or snare, or, for the pur- pose of killing a game bird or water fowl, or any wild game quadruped, so protected by law, to construct or set a trap, net or snare, or to pursue, shoot at or kill any wild fowl, or any of the so-called shore, marsh and beach birds, with a swivel or pivot gun, or by the use of a torch, jack or artificial light, or by the aid or use of any vehicle, boat or floating device propelled by steam, naphtha, gasolene, electricity, compressed air, or any similar motive power, or by any mechanical means other than sails, oars or pad- dles. But the provisions of this chapter shall not apply to persons shooting at or killing said birds from such boats or floating devices if the same are at anchor. 25 Acts op 1916, Chap. 15, General. An Act relative to the protection of upland plover and certain other wild birds. (To take the place of Section 1 of Acts of 1910, Chap. 472, on page 134 of the 1915 edition of the fish and game la~»v8.) Section 1. Whoever takes or kills a Bartra- mian sandpiper, also called upland plover, a wood duck, a wild or passenger pigeon, a Caro- lina or mourning dove, a gull or a tern, shall be punished by a fine of not less than ten, nor more than fifty dollars for every bird so taken or killed. Whoever takes or kills a heath hen shall be punished by a fine of not less than twenty- five dollars nor more than one hundred dollars for every bird so taken or killed. Acts of 1917, Chap. 170, General. An Act relative to an open season for the hunting of ruffed grouse, woodcock, quail, gray squirrels, hares and rabbits. (To take the place of Acts of 1911, Chap. 236, as amended by Acts of 1912, Chap. 203, on page 118 of the 1915 edition of the fish and game laws. See also Section 3A of Acts of 1917, Chap. 196, Gen., in this supplement.) Section 1. It shall be unlawful, excepting only between the first day of November and the thirtieth day of November of each year, both dates inclusive, to hunt, pursue, take or kill a ruffed grouse, commonly called partridge, or a woodcock, or to have the same, or any part thereof, in possession, whenever or wherever the same may have been taken or killed; except that in the counties of Berkshire, Franklin, Hampden and Hampshire, the open season on woodcock shall be from the twentieth day of October to the thirtieth day of November, both days inclusive, and it shall be unlawful at any time to buy, sell, offer for sale, or otherwise dispose of a ruffed grouse or woodcock or any part thereof, when- ever or wherever the same may have been taken or killed; and it shall be unlawful at any time to take or send or cause to be taken or transported 26 beyond the limits of the commonwealth the above named birds, or to have in possession any such bird with intent to take or cause the same to be taken out of the commonwealth. Section 2. It shall be unlawful excepting only between the first day of November and the thir- tieth day of November of each year, both dates inclusive, to hunt, pursue, take or kill a quail or to have the same, or any part thereof, in posses- sion except as provided in sections two and three hereof; and it shall be unlawful at any time to take or send or cause to be taken or transported beyond the limits of the commonwealth a quail which was taken or killed within the common- wealth, or to have in possession quail with intent to take or cause the same to be taken out of the commonwealth, except quail artificially prop- agated as provided in section two hereof. Section 3. It shall be unlawful except only between the first day of November and the thirtieth day of November of each year, both days inclusive, to hunt, take or kill a gray squirrel, or to sell, or to offer for sale, or to have in possession for the purpose of sale, a gray squirrel, wherever taken or killed, or to take or kill at any time a gray squirrel by means of a trap, net or snare, or for the purpose of killing a gray squirrel to construct or set a trap, snare or net. Section 4. It shall be unlawful to hunt, take or kill a hare or rabbit between the first day of March and the thirty-first day of October, both inclusive, or to buy or sell or offer for sale a hare or rabbit taken or killed during the said period in this commonwealth, or taken or killed at any time contrary to the laws of any other state or country. But any person may buy or sell hares or rabbits at any time: provided, that they were not taken or killed contrary to the laws of this commonwealth or of any other state or country 27 Acts of 1917, Chap. 157, General. An Act to establish a close season on quail in the counties of Hampden and Middlesex. (New law. To be inserted after Acts of 1914, Chap. 79, as amended by Acts of 1915, Chap. 3, Gen., on page 119 of the 1915 edition of the fish and game laws.) Section 1. For a period of five years begin- ning with the first day of July, nineteen hundred and seventeen, it shall be unlawful, in the counties of Hampden and Middlesex, to trap, hunt, pursue, or kill quail, or except as provided by chapter five hundred and sixty-seven of the acts of the year nineteen hundred and twelve, to have dead or living quail in possession taken in said counties. Section 2. Any violation of this act shall be punished by a fine of ten dollars for each offence. Acts op 1917, Chap. 196, General. An Act to permit the taking of European hares in the county of Berkshire. (To be inserted after Section 3 of Acts of 1911, Chap. 118, as amended by Acts of 1914, Chap. 120, on page 140 of the 1915 edition of the fish and game laws.) Section 3A. The provisions of this act shall not apply in the county of Berkshire to European hares, which may be hunted, taken or killed in that county at any time during the year. Acts op 1917, Chap. 225, General. An Act relative to the protection of hares in the counties of Norfolk and Bristol. (New law. To be inserted at bottom of page after Acts of 1911, Chap. 118, as amended by Acts of 1914, Chap. 120, on pages 139 and 140 of the 1915 edition of the fish and game laws.) Section 1. In the counties of Norfolk and Bristol, it shall be unlawful, until the beginning of the open season for rabbits throughout the commonwealth in the year nineteen hundred and twenty, to take or kill a hare, commonly called white rabbit or Canada hare, or, if taken or killed 28 contrary to the laws of this commonwealth or of any other state or country, to buy, sell, offer for sale, or have the same in possession. Section 2. Any violation of this act shall be punished by a fine of twenty dollars for each hare in respect to which the violation occurs. Acts of 1917, Chap. 20, General. An Act relative to starlings. (To take the place of the first section in Section 7, Chap. 92, R. L., as amended by Acts of 1903, Chap. 287, and further amended by Acts of 1907, Chap. 250, on page 136 of the 1915 edition of the fish and game laws.) Section 1. Whoever takes or kills a wild or undomesticated bird not named in sections two, three, four and five, except English sparrows, crow blackbirds, crows, jays, starlings, the follow- ing named birds of prey, — sharp-shinned hawk, cooper's hawk, goshawk, red-tailed hawk, red- shouldered hawk, duck hawk, pigeon hawk, barred owl, great horned owl and snowy owl, — wild geese and fresh water and sea fowl not named in said sections, or wilfully destroys, dis- turbs or takes a nest or eggs of any wild or undomesticated birds, except such as are not protected by the provisions of this section, shall be punished by a fine of ten dollars for each bird taken or killed or each nest or egg destroyed, disturbed or taken contrary to the provisions of this section; but a person over twenty-one years of age, who has a certificate from the commis- sioners on fisheries and game or from the presi- dent of the Boston Society of Natural History that he is engaged in the scientific study of ornithology or is collecting in the interest of a scientific institution, may at any season take or kill or take the nests and eggs of an undomesti- cated bird, except woodcock, ruffed grouse and quail; but the provisions of this section shall not authorize a person to enter upon private grounds without the consent of the owner thereof 29 for the purpose of taking nests or eggs or killing birds. Said commissioners or the president of said society may at any time revoke such cer- tificate. Acts of 1917, Chap. 40, General.. An Act to provide for the protection of birds on the Island of Muskeget. (New law. To be inserted on page 151 of the 1915 edition of the fish and game laws. ) Section 1. It shall be unlawful for any person to bring or cause to be brought to the island of Muskeget a live cat, or to have a live cat in possession or at large on said island. Section 2. Any violation of this act shall be punished by a fine not exceeding fifty dollars for the first offence, or one hundred dollars for each subsequent offence. Acts op 1917, Chap. 271, General. An Act authorizing and directing the Commissioners on Fisheries and Game and their deputies to enforce the laws relating to dogs. (To take the place of Section 1, Acts of 1908, Chap. 417, on page 9 of the 1915 edition of the fish and game laws.) Section 1. The commissioners on fisheries and game and their deputies shall have and exercise throughout the commonwealth for the enforcement of the laws relating to fish, birds, mammals and dogs, all the powers of constables, except the service of civil process, and of police- men and watchmen. The said deputies when on duty shall wear, and shall display as a token of authority, a metallic badge bearing the seal of the commonwealth and the words "Deputy Fish and Game Commissioner." Section 2. Every license granted for the keeping of dogs under the provisions of chapter one hundred and two of the Revised Laws, and amendments thereof, shall be subject to the 30 condition that the dog which is the subject of the license shall be controlled and restrained from killing, chasing or harassing sheep, lambs, fowls or other domestic animals, and said con- dition shall be expressed in the license. REGULATIONS ON PHEASANT, 1917. The Board of Commissioners on Fisheries and Game, acting under chapter 401, Acts of 1914, have declared an open season on pheasants from November 1 to November 30, both dates inclu- sive, in all counties except Dukes, Nantucket and Barnstable. Limit: two in one day, six in the entire season. Killing to be reported in writing within twenty- four hours to the Commissioners on Fisheries and Game, State House, Boston, Mass., stating date of killing, town where shot, number and sex of the birds killed. Penalty for violation, $50. '■■. 'i-'^'iv' LIBRARY OF CONGRESS ^'l^i'^V;-.; /"'■/':'