Democratic Messenger

LAWS OF MD.
Were Remodeled At This Year's
Session Of The State
Legislature.

The fish and game laws of Maryland were materially changed by the Legislature this year. Heretofore some of the counties had conflicting laws, and the regulations were confusing, particularly to non-residents. This difficulty has been overcome to some extent.

Three of the game and fish bills which were introduced in the Legislature by Governor Crothers' Game and Fish Commission were passed, namely, the bill for the further protection of wild fowl in Maryland, the bag limit for the State, and the State Fish bill regulating the size of fish which can be taken from the waters. The two most important bills filed by this commission were killed: the resident hunting license of $1, which would have provided the wherewithal to enforce the present complex laws and the three State laws just referred to were killed in the committee room for political reasons only, and the law making the opening and closing dates of the gunning season uniform passed the Senate, but was unfavorably reported by the House committee.

"Besides the excellent features embodied in these three State laws," says Talbott Denmead, secretary of the Maryland State Game and Fish Protective Association, who has codified them, "their chief usefulness lies in the fact that they are State measures, not applying to a small locality, but to the entire State, and when a person wants to know the law on any subject covered by these three bills he does not have to examine the laws of 23 different counties. but simply refers to the one uniform, simple bill."

The following is a synopsis of the contents of these laws:

Section 1 of the ducking bill provides that it shall be unlawful to purposely or unnecessarily disturb, on their feeding grounds, or when bedded, or to pursue or kill or shoot at any wild fowl in or from any boat of any description within the State of Maryland, and to shoot or gather any wounded ducks, geese or swan in a boat propelled by sail or engines. Penalty for violation of same is not less than $100 or more than $200 (and confiscation of entire outfit). for each person on board of boat from which wild fowl are unnecessarily disturbed, chased or shot at.

It likewise provides that any owner or owners of boats above mentioned who use or permit their use for above mentioned acts, or loan or hire any boats between October 15th to April 1st, must make inquiry into the use to which same is to be put. If it is shown that any power or sailboat be found in or near the waters where wild fowl are then using or bedding, having paraphernalia commonly employed in killing wild fowl, or if any shots shall be fired from such boats in the vicinity of wild fowl. or it shall be proven that such a boat followed such wild fowl, it will be prima facie evidence of a violation.

Section 2 provides that the open season for duck, geese, brant or swan shall be from November 1st until April 10th, excepting Anne Arundel County, and that it shall be unlawful to have such wild fowl in possession between April 15th and November 1st. It is likewise made lawful to kill teal and other marsh ducks on the marshes of the State during the month of September excepting in Dorchester County. Fine for violating the provisions of this section, $25 to $50 for
Section 3 makes it unlawful to shoot wild fowl on Sundays. or to net or trap ducks in any manner, or to employ dynamite for such purpose or kill or shoot at such wild fowl with a rifle or to fire a rifle in and about the places where wild fowl are. Fine, $25 to $50.

Section 4 provides that it shall be unlawful to fish in any manner on the Susquehanna Flats or in Romney Creek between October 15th and April 1st. Fine, $25 to $50.

Section 5 prohibits the killing of wild fowl in the State in any manner at nighttime: if proved that any person was at or about the place where such shot was fired and that such person had a gun in his possession the night in question in the vicinity thereof, such facts shall constitute a prima facie case. It likewise provides that it shall be lawful to kill geese or swan at night by owner of land from his own property and that he can give such permission to others, to shoot swan and geese in the nighttime from his own land.

Section 6 prohibits the use of swivel guns, and provides that possession of such gun in vicinity of ducks. birds or game shall constitute a prima facie case; fine $100 to $200 and confiscation of gun.

Section 7 provides that justices of the peace of Harford, Cecil, Kent and Baltimore Counties and Baltimore City shall have concurrent jurisdiction over all violations of the provisions of this act arising on Chesapeake Bay and tributaries north of a line drawn from North Point to Tolchester Beach.

All fines under this act are to be paid one-half to the warden, constable or informer procuring the conviction and the other half goes to the State game protection fund to be used by the State game warden to further the welfare of game.

The act repeals all inconsistent laws and takes effect from the date of its passage.

The bag limit for the State provides the number of animals and birds which can legally be killed in a day, as follow:
Partridges or quail, 16; pheasants (ruffed grouse), 6: English pheasants, 4; doves, 25; woodcock, 12 ; Jacksnipe, 12; rabbits, 12; squirrels, 12; wild turkeys, 2; one deer in season.

A fine of $5 for each bird or animal so killed in excess of these numbers is provided, excepting for turkey. when the fine is made $50. and deer the fine is made $100. One-half of the fine goes to the deputy warden, constable or informer obtaining the conviction and the other to the State game protection fund, to be used by the State game warden for protection of game. and the act takes effect from the date of its passage.

Applies to the whole State, and provides that no person shall catch, take or kill in the waters of the State any white or yellow perch less than seven inches, or pike less than 14 inches, or any rock (striped bass) less than 10 inches, or any tailor less than 8 inches measuring in each case from tip to tip; or any sturgeon weighing less than 20 pounds, or any rock weighing over 20 pounds during April. May and June.

That no person shall empty any seine or net upon the shores of any waters of the State. or in the waters of the State, less than 12 inches in depth, except in the waters of the Chesapeake Bay above Poole's Island, but no person shall at any time empty a seine or net so as to leave small fish to perish on the land or a boat or float. Every person catching fish in any manner shall immediately cull over and return to the water over 12 inches deep all fish under the length or weight herein mentioned.

It is further provided that no person shall sell or expose for sale, or buy any of the fish mentioned in this article under the prescribed sizes, where the fish offered for sale, sold or bought contain over 10 per cent. of fish under size
or weight whether such fish are taken within the State or not, and provides the same penalty as for catching such undersized fish.

It likewise provides that it shall be unlawful to dynamite for fish in any waters of the State, or to have a fish pot in such waters (this latter meaning fish baskets).

A fine of not less than $25 or more than $50 is imposed for any violation of this act. One-half to the deputy warden, constable or informer procuring the conviction and the other half to the State Game Protection Fund to be used by the State game warden for protecting game.