States. Export of game prohibited by State laws-Continued. Kinds of game-Penalties. Newfoundland, 18991 Caribou (carcass or skin-except under license), willow or other grouse for sale-penalty, $500 for caribou, $5 per bird for grouse. (Vessel receiving caribou for transportation may be seized and sold to satisfy fine.) Northwest Territories, 1899. Ontario, 1900. Elk, moose, caribou, antelope (or the young of any of these animals), grouse, partridge, prairie chicken, pheasant-penalty, not exceeding $50 and costs, or imprisonment not exceeding 2 months. Deer, elk, moose, caribou, or head, skin, or other part thereof-penalty, $20-$50. 1 Minister of Marine and Fisheries may authorize export for breeding and other purposes. . Besides the various Canadian nonexport laws included in the above table Canada has a general law prohibiting export of deer, wild turkeys, quail, partridge, prairie fowl and woodcock, but making exception in the case of deer raised on private preserves and permitting nonresident sportsmen to export two deer each in a calendar year at certain ports within fifteen days after the close of the open season. The ports of export are Halifax and Yarmouth, Nova Scotia; Macadam Junction, New Brunswick; Quebec, Montreal, and Ottawa, Quebec; Kingston, Niagara Falls, Fort Erie, Windsor, Sault Ste. Marie, and Port Arthur, Ontario; and such others as the Minister of Customs may from time to time designate. (See pp. 137–138.) GAME FOR PROPAGATION. The subject of transportation of game for breeding purposes is one that has received too little attention at the hands of lawmakers. In some States the prohibition against export is so broad as to include not only dead game, but also live animals and birds intended for propagation. Legislation aimed directly at the sale of live game for such purposes is found in at least one State, Montana, which declares that any person who shall willfully catch, trap, or otherwise restrain for the purpose of sale, or domestication, or any other purpose, any buffalo, elk, moose, or mountain sheep shall be guilty of a misdemeanor. Maine has recently inaugurated a departure in requiring every person who imports any game to first secure a permit from the commission of inland fisheries and game, under penalty of a fine of $50 to $500. Delaware, Nevada, North Carolina, and Tennessee have stringent laws prohibiting the export of quail, dead or alive, out of the State. One of the objects of the Lacey Act is "to aid in the restoration of such [game] birds in those parts of the United States adapted thereto where the same have become scarce or extinct," and to that end the Secretary of Agriculture is authorized "to purchase such game birds and other wild birds as may be required therefor, subject, however, to the laws of the various States and Territories." Laws prohibiting the export of live birds from the State tend to interfere seriously with the accomplishment of this purpose. It would seem that a free interchange of game birds for restocking depleted covers should be a matter of mutual interest to all States that desire to restore the former abundance of game. 5037-No. 16-01—6 Canadian laws are less restrictive. The Dominion places no restriction on the exportation of live game, and several of the Provinces authorize the proper authorities to issue licenses for shipment of game intended for breeding purposes. A few States have adopted this principle, and some others make exceptions in nonexport laws, or permit the possession at any time of game intended for propagation. These exceptions are shown in the following list: EXCEPTIONS TO NONEXPORT AND OTHER LAWS IN FAVOR OF GAME FOR PROPAGATION. Arizona.-Possession of game birds for propagation permitted during close season. Fish and game commissioners authorized to take eggs of game birds for hatching. (Acts of 1901, No. 57, secs. 2, 18.) California.-Exception in case of deer and game birds for propagation, provided that a permit in writing be obtained beforehand from the State board of fish commissioners. (Penal Code, as amended 1901, secs. 6261, 627a, p. 821.) Colorado.-Game commissioner may grant permits to proprietors of parks for exchange of game with other persons within or without the State. Game for propagation may be imported from any other State or Territory, and the commissioner shall issue certificate therefor without charge. The commissioner may, upon being satisfied that the possession or transportation of game is not in violation of the spirit of the law, grant a permit therefor. (Laws of 1899, ch. 98, pp. 196, 204, 207.) Illinois. Lawful to export any squirrels or game birds captured within the State, under a license from the State of Illinois. (Laws of 1899, p. 224, sec. 2.) Indiana.-Exception in case of deer, wild turkeys, or imported pheasants in possession for breeding purposes. (Laws of 1901, p. 444, sec. 7.) Maryland.-Exceptions in the local laws of Cecil and Harford counties in case of game for propagation. (Acts of 1896, ch. 237; acts of 1894, ch. 139.) Michigan.-State game and fish warden authorized to issue permits to capture any game animals or birds for propagation if not for sale; also to issue permits to trustees or custodians of public parks to export animals intended for free exhibition or for exchange with other public parks. (Pub. Acts of 1901, H. B. No. 104, secs. 21-22.) Nevada. Exception in case of residents taking big game and game birds for propagation or domestication under written permit from governor. (Stats. of 1901, Ch. CX, sec. 15.) New Jersey.-Exception in case of bringing into the State any animals or birds for propagation or keeping the same until a seasonable time for their release. (Laws of 1901, ch. 120, sec.. 15.) New York.-Elk, moose, caribou, and antelope may be brought into the State and kept in possession for breeding purposes. (Laws of 1901, ch. 147.) Oklahoma.-Exception in case of fine birds or animals captured for domestic or scientific purposes, provided that not more than one pair of such birds or animals may be shipped at one time. (Laws of 1899, p. 167, sec. 11.) Oregon.-Exception in case of game for propagation, provided written permit first be obtained from State game and forestry warden. (Gen. Laws of 1901, p. 226, sec. 23; p. 233, sec. 42.) Texas.-Exception in case of live Mongolian or English pheasants shipped for scientific or breeding purposes. (Gen. Laws of 1897, ch. 149, sec. 7.) Utah.-Exception in case of quail taken for propagation, in Kane and Washington counties. (Laws of 1899, ch. 26, sec. 26.) Wisconsin.-Exception in case of live birds. (Wis. Stat., 1898, Vol. I, sec. 1498m.) Wyoming.-Lawful to sell any colin or quail for the purpose of breeding, or for any person to take alive on his own premises at any time any big game for domestication or for scientific or breeding purposes. (Rev. Stats., 1899, sec. 2117.) Manitoba.-Exception in case of big game, grouse, prairie chickens, and pheasants, provided special permit be obtained from the minister of agriculture and immigration, and not more than two animals or birds be shipped at one time. (Stats. of 1900, ch. 14, sec. 17.) New Brunswick.-Lawful to export live game under license from surveyor-general. Newfoundland.-Exception in case of caribou, willow or other grouse, and partridge under authorization by minister of marine and fisheries, for sale to or exchange with game societies or institutions in other countries. (Acts of 1899, cap. 18, sec. 21; cap. 27, sec. 4.) Northwest Territories.-Young deer, elk, moose, caribou, antelope, sheep, and goats may be taken alive and domesticated, but only deer, sheep, and goats can be lawfully exported from the Territory. (Con. Ordinances, 1898, ch. 85, secs. 2, 13.) Uor M II. ABSTRACTS OF LAWS WITH SPECIAL REFERENCE TO SHIPMENT AND SALE. FEDERAL LAWS. Federal game laws consist of statutes regulating interstate commerce in game, the importation of game from foreign countries, and provisions for the protection of game on territory under the jurisdiction of the United States. They comprise (1) the Lacey Act, regulating the importation of game and its shipment from one State to another; (2) tariff regulations governing animals and birds imported from abroad; (3) game laws of the District of Columbia, Alaska, and the Indian Territory; (4) provisions for protecting game in the national parks,1 forest reserves, and other Government reservations. These acts of Congress are supplemented by regulations issued by the Secretaries of the Treasury, War, Interior, and Agriculture, relating chiefly to the protection of Government reservations and the details of importing foreign animals and birds. 2 The territory protected by Federal statutes comprises more than 20 percent of the total area of the United States, and, besides the District of Columbia, the Indian Territory, and Alaska, is made up of reservations and parks ranging in size from a few acres to the great areas covered by the Indian reservations in Montana and South Dakota, which occupy a large part of those States. This vast domain is very unevenly protected. The District of Columbia, with an area of about 70 square miles, has a fairly complete and satisfactory game law, and, with the exception of Alexandria County, Va., is the smallest area in 1The national parks, now 12 in number, have all been established during the last thirty years. They may be grouped as follows: Five parks proper-Yellowstone, Wyo., 1872, 2,142,720 acres; Yosemite, Cal., 1890, 967,680 acres; Sequoia, Cal., 1890, 160,000 acres; General Grant, Cal., 1890, 2,560 acres; Mount Rainier, Wash., 1899, 207,360 acres: five military parks-Chickamauga, Ga., 1890, 6,195 acres; Shiloh, Tenn., 1894, 3,000 acres; Vicksburg, Miss., 1899, 1,233 acres; Gettysburg, Pa., 1895, 877 acres; Antietam, Md., 1890, 43 acres: the Hot Springs Reserve, Ark., 1880, 912 acres, and the Casa Grande Ruins, Ariz., 1892, part of 480 acres. The first five only are of special interest from the standpoint of game protection. "The regulations of the Department of Agriculture may be found in Circular 29 of the Biological Survey, entitled 'Protection and importation of birds under act of Congress approved May 25, 1900,' and Circular 30, entitled 'Wild animals and birds which may be imported without permits.' |