LATURE ON SENATE BIELS PROPOSED LEGISLATION Fish and Game Laws WITH BRIEF SYNOPSIS OF EACH BILL COMPILED B> GEO. J. HANS, Chairman Senate Committee on Fish and Game ISS1 F.I) BY W. N. 1WRRIS1I Secretary of the Senal< Friend Wm. Richardson, Superintendent of State Printing sacramento, california 1913 GIFT OF CALIFORNIA LEGISLATURE FORTIETH SESSION 1913 SENATE BILLS PROPOSED LEGISLATION ON Fish and Game Laws WITH BRIEF SYNOPSIS OF EACH BILL COMPILED BY ISSUED BY GEO. J. HANS, Chairman W. N. PARRISH Senate Committee on Fish and Game Secretary of the Senate Friend Wm. Richabdson, Superintendent of State Printing sacramento, california 1913 CONTENTS. No. of Bill. Abalones 305, 636, 1015 Alpine County 1434 Bag limits 1430, 1436, 1441, 1634 Bait for steelheads 962 Baiting duck ponds 1174 Bass, striped 604 Black bass.l 1431 Black tiear 1433 Bird 1 investigation . 1455 Breeder's license 567 Bucks, spiked ^_1434 Cache Slough 960 Cataliua Island 1452 Cinnamon bear 1433 Clams 304, 1175, 1453 Cleveland National Forest 1119 Closed seasons, at any time 1091 Commissioners, can close 1021 Commission's powers : 1426 Common carriers 1450 Condemn, unnavigable streams 1425 Crawfish 1015, 1440 Cottontail rabbits 173 Deer, closed 5 years 800 Deer 447, 1434, 1444, 1447 Deer hides 603 Districts, new 543, 712, 814, 1438 Districts, six 1634, 1635 Districts, seven 1438 Districts, transfer game 1423 Domesticated wild game 567 Doves 1190, 1441, 1450 Ducks, non-sale of 345, 1451 Ducks, seasons, limits 1436, 1441 Ducks, wood 1190 Evidence, what is 999 Fish dealers' license 1439 Pishing license, market 499 Fishing license 1421 Fish hatchery 732 Fish penalties 1449 Fish screens 1428 Fishways in dams 1429 Game birds 1443 Game districts 543, 712, 814, 1438 Game districts ___1634, 1635 Game refuge 712 Game wardens 932 Golden trout 1435 Hatchery 732 Hunting licenses 356, 1421 Hunters, market 1337 Inyo County 1 814 HO No. of Bill. Island for raising game 567 Lakes, :'or fishing 395 Licenses 356, 499, 567, 1337, 1421, 1439 Lobsters . 1015, 1440 Lompara nets 1176 Marin County 543 Market hunters 1337 Mono County 814 Mountain sheep 1434 Napa River 714 Nets 635, 1176, 1177, 1442, 1446, 1470, 1472 Night shooting 1454 Non-sale of ducks 345, 1451 Ownership, wild animals 1362 Otter, sea 2S1 Patrol boat 733 Pismo clams 304, 1175, 1453 Penalties, deer 1447 Penalties, fish 1449 Pacific Ocean fish 1471 Plover 1190 Quail 1436, 1441 Rabbits 173 Raising game to sell 567 Refuge for game 712 Reservation, fish 52 Sacramento River 604 Salmon 1204, 1422 Salmon bait 962 San Joaquin River 604, 1446 Screens, fish 1428 Sea otter 281 Seasons 1430, 1436, 1444, 1450, 1634 Seventh District 1438 Shipping game in i — 1204 Shipping game out 344, 1432 Sixth District ___1634, 1635 Shrimps ■_• 1015, 1440 Smelt 1471 Spawning grounds 1452 Spiked bucks 1434 Squirrels, tree 799, 1437 Steelhead trout 961, 962, 1635 Striped bass 604 Streams, innavigable 1425 Surf fish 1427 Tamalpais game refuge 712 Tree squirrels 799, 1437 Trout, golden 1435 Trout seasons 1448 Water diversion 1424 Wood ducks , 1194) 395196 Creates a reservation for fish, shellfish, shrimps and crabs it, all sloughs, rivers, streams and creeks tributary to San 'Frunci&to Bay'; unlawful to take the same from such waters by means of weirs, dams, nets, traps or seines. SENATE BILL No. 52 INTRODUCED BY SENATOR CASSIDY, Januaky 13, 1913. Referked to Committee ox Fish and Game. an act To Create a Reservation for Fish, Shell Fish, Shrimp, and Crabs, Within the Sloughs, Rivers, Streams and Creeks Tributary to the Bay of San Francisco and the Bay of San Pablo, and to Prohibit the Taking of the Same From Such Reservation by Means of Weirs, Dams, Nets, Traps, or Seines. The people of the State of California do enact as follows: 1 Section 1. A reservation for all kinds of fish, shell fish, 2 shrimp and crabs, is hereby created, which shall consist of all 3 sloughs, rivers, streams and creeks tributary to the bay of 4 San Francisco and the bay of San Pablo, including all such 5 Solano, Napa, Contra Costa, Alameda, Santa Clara, San Mateo 6 waters as are contained in the counties of Marin, Sonoma, 7 and the city and county of San Francisco. 8 Sec. 2. Any person who shall use any weir, dam, net, trap, 9 or seine of any description for the purpose of catching any fish, 10 or shell fish, or shrimp or crabs, in any of said waters or who 11 shall in any of said waters take any fish, or shrimp or crabs, 12 from any weirs, dams, nets, traps or seines, is guilty of a 13 misdemeanor. 14 Sec. 3. All acts and parts of acts in conflict with this act 15 are hereby repealed. (3) ' pi Permits killmy °+ cottontail rabbits at all times. - » » *» SENATE BILL No. 173 INTRODUCED BY SENATOR BIRDS ALL, January 14, 1913. Referred to Committee on Fish and Game. an ACT To Amend Section Six Hundred Twenty-six of the Penal Code Relating to the Protection of Game. The people of the State of California do enact as follows: 1 Section 1. Section six hundred twenty-six of the Penal 2 Code is hereby amended to read as follows: 3 626. Every person who, between the first day of March 4 and the fifteenth day of October of any year, hunts, pursues, 5 takes, kills or destroys, or has in his possession any kind of 6 wild duck, ibis, or other shore bird, (Limicohe) , or who, be- 7 tween the thirtieth day of April and the fifteenth day of 8 November of any year hunts, pursues, takes, kills, or destroys, 9 or has in his possession any Wilson snipe, plover, or curlew; 10 or who, between the fifteenth day of February and the fifteenth 11 day of October of any year, hunts, pursues, takes, kills, or 12 destroys, or has in his possession any desert or valley quail; 13 or who, between the first day of December and the first day of 14 September of the following year, hunts, pursues, takes, kills, 15 or destroys, or has in his possession^ any mountain quail, grouse, 16 or sage hen or who at any time prior to the first day of 17 November, 1912, hunts, takes, kills, or has in his possession 18 any rail ; or who thereafter between the first day of December 19 of any year and the first day of November of the following 20 year, hunts, takes, kills or has in his possession any rail is (4) 1 guilty of a misdemeanor, except as hereinafter provided: 2 provided, that in game districts numbers one and six of the 3 State of California every person, who, between the first day 4 of March and the first day of October of any year, hunts, takes, 5 kills, or destroys or has in his possession any kind of wild duck, 6 ibis or other shore bird (Limicolae) or who in game district six, 7 between the fifteenth day of November, of any year and the 8 fifteenth day of October of the following year, hunts, takes, 9 kills, or destroys or has in his possession any desert or valley 10 quail is guilty of a misdemeanor. ("») New Section. One thousand dollars fine for hunting or having possession of sea otter. . SENATE BILL No. 281 INTEODUCED BY SE1STAT0E CAMPBELL, January 15, 1913. Eeferred to Committee on Fish and Game. AN AGT To Add a New Section to the Penal Code of the State of Cali- fornia, to Be Numbered Section Six Hundred and Twenty- six q, Eelating to Sea Otter. The people of the State of California do enact as follows: 1 Section 1. A new section is hereby added to the Penal 2 Code to be numbered six hundred and twenty-six q and to read 3 as follows: 4 626g. Every person who at any time hunts, pursues, takes, 5 kills, destroys, or has in his possession any sea otter is punish- 6 able by fine not exceeding one thousand dollars or imprison- 7 ment in the county jail not exceeding one year or both. (6) Pismo clams. Changes size from 13 inches to 12 inches. Reduces limit of clams to be taken in one day from 200 to 25. SENATE BILL No. 304 Januaky 15, 1913. Keferred to Committee on Fish and Game. an act To Amend Section Six Hundred Twenty-eight /, of the Penal Code of the State of California, Eelating to Clams and Pre- scribing a Penalty for TaKiNG or Gathering Clams Under a Certain Size, or Having More Than a Certain Number in Possession During Any One Calendar Day. The people of the State of California do enact as follows: 1 Section 1. Section 628/ of the Penal Code of the State of 2 California is hereby amended to read as follows: 3 628/. Every person who takes, gathers, catches, or has in 4 his possession, any clam known as the "Pismo" clam (Tivela 5 stultorum), which shall measure less than twelve inches around 6 the outer edge of the shell, or who, during any one calendar 7 day, takes, catches, gathers, or has in his possession, more than 8 twenty-five of said Pismo clams, shall be guilty of a misde- 9 meanor. (7) Prohibits shipping of abalones out of this State. SENATE BILL No. 305 INTRODUCED BY SENATOR CAMPBELL, January 15, 1913. Referred to Committee on Fish and Game. an ACT To Add a New Section to the Penal Code of the State of Califor- nia, to be Known and Numbered as Section Six Hundred Twenty-eight g Relating to Shipping or Transporting Abalones Out of the State, and Prescribing a Penalty for Depositing for Shipment or Transportation, or Shipping or Transporting Any Abalone Beyond the Confines of the State. The people of the State of California do enact as follows: 1 Section 1. A new section is hereby added to the Penal Code 2 of the State of California, to be known and numbered as section 3 628#, which shall read as follows: 4 628g. Every person, firm, corporation or association who 5 delivers, places or deposits any abalone with any railroad com- 6 pany, steamship company, express company, or other common 7 carrier, for shipment or transportation out of this state, and 8 every railroad company, steamship company, express company, 9 or other common carrier, who receives and accepts for ship- 10 ment or transportation, or who ships, carries or transports any 11 abalone beyond the confines of this state, shall be guilty of a 12 misdemeanor. (8) Prohibits shipping out of this State any protected wild game bird or animal, either dead or alive, without written permit. SENATE BILL No. 344 INTRODUCED BY SENATOR FLINT, January 16, 1913. Referred to Committee on Fish and Game. AN ACT To Amend Section Six Hundred and Twenty-seven a of the Penal Code of the State of California, Relating to the Protec- tion and Preservation of Wild Game. The people of the State of California do enact as follows: 1 Section 1. Section six hundred and twenty-seven a of the 2 Penal Code is hereby amended to read as follows: 3 627a. Every railroad company, express company, trans- 4 portation company, or other common carrier, its officers, agents, 5 and servants, and every other person who transports, carries, 6 or takes out of this state, or who receives for the purpose of 7 transporting from this state any wild game bird or animal 8 protected by law, mentioned in sections six hundred and twenty- 9 six to six hundred and twenty-six j inclusive of this code, or 10 the dead body of any such wild game bird or animal, or any 11 part thereof, except for the purpose of propagation or scientific 12 purposes under a permit in writing first obtained from the 13 board of fish and game commissioners of the State of Cali- 14 fornia, is guilty of a misdemeanor. (9) IDENTICAL WITH ASSEMBLY BILL NO. 1289. This is the non-sale of ducks bill. Prohibits the sale of all wild ducks, snipe, curlew, plover, quail, grouse, cottontail rabbits, rail, doves, etc.; permits the sale of jack rabbits. SENATE BILL No. 345 INTRODUCED BY SENATOR FLINT, January 16, 1913. Referred to Committee on Fish and Game. an ACT To Amend Section Six Hundred and Twenty-six k of the Penal Code of the State of California, Relating to the Sale of Wild Game or the Dead Bodies Thereof. The people of the State of California do enact as follows: 1 Section 1. Section six hundred and twenty-six & of the Penal 2 Code is hereby amended to read as follows : 3 626k. Every person who buys, sells, offers, or exposes for 4 sale, barter, or trade any wild game, bird, or animal, except 5 jack rabbits, protected by law, mentioned in section six hundred 6 and twenty-six to six hundred and twenty-six j inclusive of this 7 code, or the dead body of any such game, bird or animal, or any 8 part thereof, whether taken or killed in the State of California 9 or shipped into the state from another state, territory, or 10 foreign country, is guilty of a misdemeanor. (10) Takes issuance of hunting license away from county clerk and places it in hands of county license collector. Also gives county license collector the 10 per cent fee formerly given to county clerk. SENATE BILL No. 356 INTRODUCED BY SENATOR THOMPSON, Januaky 16, 1913. Refeeeed to Committee on Fish and Game. an act To Amend Sections Two, Foue and Six of an Act Entitled "An Act to Regulate and License the Hunting of Wild Bieds and Animals, and to Peovide Revenue Theeefeom, fob Game and Fish Peeseevation and Restoeation," Appeoved Maech 22, 1909, Relating to the Issuance of Licenses to Hunt Wild Bieds and Animals, and Peoviding foe the Disposition of the Moneys Collected Theeefeom. The people of the State of California do enact as follows: 1 Section 1. Section two of an act entitled "An act to regu- 2 late and license the hunting of wild birds and animals, and 3 to provide revenue therefrom, for game and fish preservation 4 and restoration," approved March 22, 1909, is hereby 5 amended to read as follows: 6 Section 2. Licenses granting the privilege to hunt, pursue 7 or kill wild birds or animals, shall be issued and delivered 8 upon application, by the county license collector of any 9 of the counties of this state, or by the state board of fish 10 commissioners, who shall prepare suitable licenses of con- 11 venient form, and size, and have printed or stamped thereon 12 the words: "Hunting license No , State of California, 13 expires June 30, 191__," with the registration number, and 14 appropriate year printed or stamped thereon, which said 15 license shall be prepared and furnished to the county license 16 collector, and for their own disposition, by the state (11) 1 board of fish commissioners, which board shall take receipt 2 therefor by number and quantity, from the several county 3 license collectors, and the county license collector shall be 4 responsible therefor and shall account for the same to the 5 controller of state every three months, beginning with July 6 first of each year. 7 Sec. 2. Section four of an act entitled "An act to regulate 8 and license the hunting of wild birds and animals, and to 9 provide revenue therefrom, for game and fish preservation and 10 restoration," approved March 22, 1909, is hereby amended 11 to read as follows: 12 Section 4. Every person applying for and procuring a 13 license as herein provided shall furnish to the county 14 license collector or state board of fish commissioners, his name 15 and residence address, which information shall be by the 16 license collector or board entered in a book kept for that 1 7 purpose and provided by the state board of fish commissioners, 18 together with a statement of the date of issuance and the 19 number of the license issued to such person. Such applicant 20 shall also furnish to the county license collector or fish com- 21 missioners, a written description of himself, by age, height, 22 nationality and color of the eyes and hair. Sec. 3. Section six of an act entitled "An act to regulate 24 and license the hunting of wild birds and animals, and to -•' provide revenue therefrom, for game and fish preservation 26* and restoration," approved March 22, 1909, is hereby amended -< to read as follows: Section 6. All moneys collected from licenses as provided 39 herein, and all fines collected for the violation of the pro- 30 visions hereof, shall be paid into the state treasury and 31 credited to the game preservation fund; provided, however, 32 that each license collector shall retain ten per cent, of all moneys by him received for the issuance of licenses as herein 34 provided and shall pay the same monthly to the county treas- 35 urer for the use and benefit of the county. 3fi Sec. 4. This act shall become effective on the first Monday 37 of January, A. D. 1915. (12) Adds lakes to the law authorizing boards of supervisors to declare innavigable streams public highways for the purpose of fishing. SENATE BILL No. 395 INTRODUCED BY SENATOB BIKDSALL, January 17, 1913. Referred to Committee on Fish and Game. an act To Amend Section Four Thousand and Eighty-five and One Half of the Political Code of the State of California, Author- izing the Board of Supervisors of the Several Counties of This State to Declare Innavigable Streams Highways for the Purpose of Fishing, and Providing for the Use of the Same. The people of the State of California do enact as follows: 1 Section 1. Section four thousand and eighty-five and one 2 half of the Political Code of the State of California is hereby 3 amended to read as follows: 4 4085J. On the application of any individual, association or 5 corporation interested, the board of supervisors of any county 6 of this state may, by ordinance, declare all or any portion of 7 any slough, lake, river, or stream which does not lie within 8 or run through cultivated land lying within the county which 9 is stocked or supplied, in whole or in part, with fish, by the 10 state or counties and which has not been declared by law to 11 be navigable, and which in fact is not navigable for commercial 12 purposes, to be a public highway for the purpose of fishing 13 in said slough, lake, river or stream, and the same shall there- 14 upon become and be a public highway for such purpose, sub- (13) 1 ject only to the reservations hereinafter contained. In case 2 any owner of land adjacent to or across which such slough, 3 lake, river or stream flows does not consent to the use of the 4 slough, lake, river or stream for such purpose with the right 5 to pass along the banks for the purpose of fishing and grant 6 the same to the county by suitable instrument in writing, on 7 application, the board of supervisors may contract for and 8 purchase any or all such rights; or if the same can not be 9 purchased at a satisfactory price, may authorize proceedings 10 to be commenced to procure the same in the manner directed 11 by title seven, part three, of the Code of Civil Procedure. (14) Makes a close season on deer for three years from July 1, 1913. SENATE BILL No. 447 INTEODUCED BY SENATOE SAJSTFOED, January 20, 1913. Beferred to Committee on Fish and Game. an ACT To Amend Section Six Hundred Twenty-six/ of the Penal Code of the State of California Eelating to the Protection of Male Deer. The people of the State of California do enact as follows: 1 Section 1. Section six hundred and twenty-six/ of the 2 Penal Code of the State of California is hereby amended to 3 read as follows: 4 626/. Every person who between the first day of July, 5 1913, and the first day of July, 1916, hunts, pursues, takes 6 or destroys, or has in his possession, whether taken or killed 7 in the State of California, or shipped into the state from any 8 other state or territory, or foreign country, any male deer, 9 or any deer meat, is guilty of a misdemeanor, and upon con- 10 viction shall be fined not less than twenty-five dollars nor 11 more than one hundred dollars. (15) License for vocation of fishing; persons not eligible to become citizens of United States; fee raised from $10 to be $100. SENATE BILL No. 499 INTRODUCED BY SENATOR RUSH, Januaky 21, 1913. Referred to Committee on Fish and Game. AN ACT To Amend Section Three of an Act Entitled, "An Act to Regulate the Vocation of Fishing, and to Provide Therefrom Revenue for the Propagation, Restoration and Preservation of Fish in the Waters of the State of California," Approved March 13, 1909. The people of the State of California do enact as follows: 1 Section 1. Section three of an act entitled "An act to 2 regulate the vocation of fishing and to provide therefrom 3 revenue for the propagation, restoration and preservation of 4 fish in the waters of the State of California," approved March 5 13, 1909, specifying to whom licenses shall be issued, is hereby 6 amended to read as follows : 7 Section 3. Licenses shall be issued and delivered upon appli- 8 cation to the state board of fish and game commissioners or 9 their deputies. The licenses herein provided for shall be 10 issued as follows: To any citizen of the United States upon 11 the payment of two and one half dollars ; to any person not a 12 citizen of the United States but eligible to become such upon 13 the payment of ten dollars ; to any person not eligible to become 14 a citizen of the United States upon the payment of one hundred 15 dollars. Not more than one license shall be issued to any one (16) 1 person for the same year, except upon an affidavit by the appli- 2 cant that the one issued has been lost or destroyed, and no 3 license issued as herein provided shall be transferable or used 4 by any other person than the one to whom it was issued. 5 Every person having a license as provided herein, who refuses 6 to exhibit such license upon demand of any officer authorized 7 to enforce the fish and game laws of this state, or any peace 8 officer of this state; or who transfers or disposes of the same 9 to another person to be used as a fisherman's license; or who 10 fishes with unlawful lines, nets, seines, or by modes or methods 11 in violation of any law for the preservation of fish and game 12 shall forfeit this license. (17) 2—3873 i Creates a new fish and game district by taking Marin County out of the third district and making it the new, or seventh district. SENATE BILL No. 543 INTRODUCED BY SENATOR OWENS, January 22, 1913. Referred to Committee on Fish and Game. an ACT To Amend an Act Entitled, "An Act to Divide the State of Cali- fornia Into Six Fish and Game Districts," Approved March 21, 1911, by Amending Section One and Three Thereof and by Adding a New Section Thereto to Be Known and Num- bered as Section Seven and One Half. The people of the State of California do enact as follows: 1 Section 1. The people of the State of California is hereby 2 divided into seven fish and game districts to be known as and 3 designated the first fish and game district, the second fish and 4 game district, the third fish and game district, the fourth fish 5 and game district, the fifth fish and game district, the sixth 6 fish and game district, and the seventh fish and game district. 7 Sec. 2. The first fish and game district shall consist of and 8 include the counties of Del Norte, Siskiyou, Modoc. Lassen, 9 Shasta, Trinity, Humboldt, Tehama. 10 Sec. 3. The second fish and game district shall consist of 11 and include the counties of Mendocino, Glenn, Colusa, Lake, 12 Sonoma, Napa, Yolo, Solano. 13 Sec. 4. The third fish and game district shall consist of 14 and include the counties of Plumas, Butte, Sierra, Yuba, (18) 1 Sutter, Nevada, Placer, El Dorado, Sacramento, Amador, 2 Alpine, Calaveras, Tuolumne, Mariposa, Mono. 3 Sec. 5. The fourth fish and game district shall consist of 4 and include the counties of San Joaquin, Stanislaus, Merced, 5 Madera, Fresno, Kings, Tulare, Kern. 6 Sec. 6. The fifth fish and game district shall consist of and 7 include the counties of Contra Costa, Alameda, San Francisco, 8 San Mateo, Santa Clara, Santa Cruz, San Benito, Monterey, 9 San Luis Obispo. 10 Sec. 7. The sixth fish and game district shall consist of 11 and include the counties of Santa Barbara, Ventura, Los 12 Angeles, Orange, San Diego, Imperial, Riverside, San Ber- 13 nardino and Inyo. 14 Sec. 1\. The seventh fish and game district shall consist 15 of and include the county of Marin. 16 Sec. 8. This act shall take effect and be in force from and 17 after its passage. (19) New Act. Permits Board of Fish and Game Commissioners, on payment of fee of $25 to issue breeder's license, permitting persons to breed, raise, sell, kill and transport, on or from enclosed private preserve or island, elk, deer, quail, wild duck, etc. Licenses to be renewed annually. Open and close seasons for shooting. Tag system on each carcass. Fee for each tag. SENATE BILL No. 567 INTRODUCED BY SENATOR FLINT, January 22, 1913. Referred to Committee on Fish and Game. an ACT To Add a New Section to the Penal Code of the State of Califor- nia to Be Numbered Six Hundred and Thirty-one d Pro- viding for the Breeding and Sale of American Elk, Mule Deer, Black-Tailed Deer, White-Tailed Deer, European Red Deer, Fallow Deer, Hawaiian or Common Indian Deer, Roebuck, Pheasants, Partridges, Bob White Quail, Califor- nia Valley and Mountain Quail and all Varieties of Wild Ducks; Providing for a License Therefor; for the Manner of Killing, Tagging, Transportation and Sale Thereof; for Reports; for the Fencing of the Preserves and for the Revocation of Licenses. The people of the State of California do enact as follows: 1 Section 1. Any person desiring to engage in the business 2 of raising and selling domesticated American elk (alces mach- 3 lis), mule deer (capreolus macrotes), black-tailed deer (cap- 4 reolus columbianus) , white-tailed deer (capreolus leucurus), 5 European red deer {cervus elaphus), fallow deer (cervus 6 dama), Hawaiian or common Indian deer (cervulus muntjac), 7 roebuck (capreolus caprea), pheasants (phasianus linnmis), 8 partridge (phasianidce) , Bob White quail (ortyx virginianus), 9 California valley and mountain quail (laportyx calif or nicus) , 10 wild duck (anatidce) of any variety, or any of them, in a 11 wholly enclosed preserve or entire island of which he is the (20) 1 owner or lessee, may make application in writing to the state 2 board of fish and game commissioners for a license so to do. 3 The said state board of fish and game commissioners, when 4 it shall appear that said application is made in good faith, 5 shall upon the payment of a fee of twenty-five dollars, issue 6 to such applicant a breeder's license permitting such appli- 7 cant to breed and raise domesticated American elk, mule deer, 8 black-tailed deer, white-tailed deer, European red deer, fallow 9 deer, Hawaiian or common Indian deer, roebuck, pheasants, 10 partridges, Bob White quail, California quail, wild ducks, 11 or any of them as hereto designated, on such preserve or entire 12 island, and to sell the same alive or at any time for breeding 13 and stocking purposes, and to kill and transport the same and 14 sell the carcasses thereof for food as herinafter provided. 15 Such license shall expire on the last day of December in each 16 year at midnight. 17 Sec. 2. Any person to whom such a license shall have been 18 issued may kill such elk, deer, pheasants, partridges, quail or 19 ducks in the manner and at the times herein set forth, as 20 follows: Elk or deer may be killed by shooting or otherwise 21 between the fifteenth day of August and the first day of 22 November, both inclusive. Pheasants or partridges may be 23 killed otherwise than by shooting between the first day of 24 October and the thirty-first day of December, both inclusive. Bob White and California quail may be killed otherwise than o 26 by shooting between the first day of August and the first day L'. of February, both inclusive. Wild ducks may be killed other- 28 w ise than by shooting between the fifteenth day of October 29 and the first day of March, both inclusive. Any person may 30 possess or sell such elk, deer, pheasants, partridges, quail or 31 wild ducks for food, as herein set forth. A breeder of pheas- 32 ants or partridges, under a license as herewith provided may, 33 during the month of February, kill by shooting his surplus 34 cock pheasants, or cock partridges; provided, he shall first 35 obtain from the state board of fish and game commissioners a 36 permit so to do. 37 Sec. 3. No elk, deer, pheasants, partridges, quail or wild 38 ducks, killed as aforesaid and intended for sale, shall be (21) 1 shipped, transported, sold or offered for sale, unless each quar- 2 ter and each loin of each carcass of each elk or deer and each 3 pheasant, partridge, qnail or duck shall have been tagged 4 under the supervision of the state board of fish and game eom- 5 missioners with a tag or seal which shall be supplied by the 6 said commissioners. The quarters and loins of the carcass of 7 such elk or deer and the carcasses of such pheasants, par- 8 tridges, quail or ducks, when tagged as aforesaid, may be pos- 9 sessed, sold or offered for sale between the dates hereinbefore 10 mentioned as the dates between which they may be killed. 11 Every game protector or person designated by whom such elk, 12 deer, pheasants, partridges, quail or ducks shall have been 13 tagged, shall within five days thereafter, make and file with the 14 state board of fish and game commissioners a written report 15 thereof, which shall contain a statement of the name of the 16 person by whom such elk, deer, pheasants, partridges, quail or 17 ducks were bred or raised and killed ; the number of such elk, 18 deer, pheasants, partridges, quail or ducks, so killed, and the 19 name of the person or persons to whom such elk, deer, pheas- 20 ants, partridges, quail or ducks were sold or to whom they were 21 transported. 22 Sec. 4. Common carriers may receive and transport during 23 the open season therefor, carcasses, or parts thereof, of said elk, 24 deer, pheasants, partridges, quail or ducks tagged as aforesaid, 25 but to every package containing such carcasses or parts thereof 26 shall be affixed a tag or label, upon which shall be plainly 27 printed or written the name of the person to whom such license 28 was issued, and by whom such elk, deer, pheasants, partridges, 29 quail or ducks were killed, the name or names of the person or 30 persons to whom such elk, deer, pheasants, partridges, quail or 31 ducks are to be transported; the name of the game protector 32 or other person by whom such elk, deer, pheasants, partridges, 33 quail or ducks were tagged, the number of carcasses or por- 34 tions thereof contained therein, and that the elk, deer, pheas- 35 ants, partridges, quail or ducks were killed and tagged in 36 accordance with the provisions of this section. 37 Sec. 5. No person shall sell or offer for sale any venison (22) 1 or birds killed and tagged as aforesaid, without first obtaining 2 a license so to do from the state board of fish and game com- 3 missioners, upon such terms and conditions as the said com- 4 missioners may prescribe and any such license may be revoked 5 for sufficient cause at the pleasure of the said commission. 6 The said tags or seals shall remain affixed as aforesaid until 7 the quarters or loins of such elk or deer or the carcasses of 8 such pheasants, partridges, quail or ducks shall have been . 9 wholly consumed, and the sale of a quarter or loin, or any 10 larger portion of such elk or deer, or the carcass of any such 11 pheasant, partridge, quail or duck which shall not at the time 12 have affixed thereto the tag or seal aforesaid, shall constitute a 13 violation of this section; provided, however, that the keeper 14 of a hotel, or restaurant, a boarding house, or a retail dealer 15 in meat or a club may sell portions of a quarter or loin of 16 any such elk or deer, or the carcass of any such pheasant, part- 17 ridge, quail or duck so tagged or sealed as aforesaid to a patron 18 or customer for actual consumption, and no license shall be 19 required of such person or club. 20 Sec. 6. On or before the first day of April of each year 21 every person, to whom a license shall have been issued as afore- 22 said shall make a report to the state board of fish and game 23 commissioners, covering the period from the first day of August 24 of the preceding year to the first day of March, both inclusive, 25 of the year in which the report is made, which said report 26 shall state the total number of elk, deer, pheasants, partridges, 27 quail or ducks killed, sold or transported, as permitted by the provisions of this section, during said period. Such reports shall set forth the name of the person to whom such elk, deer, pheasants, partridges, quail or ducks were sold or transported, 31 the name of the game protector or person designated in whose ^2 presence such elk, deer, pheasants, partridges, quail or ducks 33 were tagged, and such reports shall be verified by the affidavit 34 of the person to whom such license was issued or if the license 35 W as issued to a corporation, then by the officer thereof. 36 Sec. 7. A preserve used for the breeding of elk or deer, 37 pursuant to this section, shall be surrounded by a fence of wire (23) 28 29 30 1 or other material of a pattern to be approved by the state board 2 of fish and game commissioners and of a height of not less than 3 seven feet. 4 Sec. 8. If any person to whom such license shall have been 5 issued shall be convicted of a violation of the fish and game law, 6 the state board of fish and game commissioners may revoke 7 the license of such person, and thereafter no similar license 8 shall be issued to such person. 9 Sec. 9. The state board of fish and game commissioners 10 shall be entitled to receive and collect for each tag or seal 11 affixed to the carcass of any animal or bird, as hereinbefore 12 provided, the sum of three cents. 13 Sec. 10. Any person who violates or fails to perform any 14 duty imposed by any of the provisions of this act is guilty of 15 a misdemeanor and is liable to a penalty of one hundred dol- 16 4 lars and an additional penalty of twenty dollars for each quad- 17 ruped or bird or part of quadruped or bird bought, sold, offered 18 for sale, taken, possessed, transported or had in possession for 19 transportation in violation thereof. All acts or parts of acts, 20 relating to the protection of game in its wild state, that may be 21 in direct conflict with or in opposition to the enforcement and 22 reasonable operation of this act are hereby repealed. (24) Provides that deer hides be tagged, and when so tagged, can be sold or trans- ported. Misdemeanor for buying or selling untagged deer hides. SENATE BILL No. 603 INTRODUCED BY SENATOR RUSH, January 22, 1913. • Referred to Committee on Fish and Game. an ACT To Amend Section Six Hundred and Twenty-six h, of the Penal Code of the State of California, Relating to the Protec- tion of Fish and Game. The people of the State of California do enact as follows: 1 Section 1. Section six hundred and twenty-six h of the 2 Penal Code is hereby amended to read as follows: 3 626/t. Every person who buys, sells, offers or exposes for 4 sale, barter or trade, the hide, pelt or skin of any deer, or who 5 transports, carries, or has in his possession, the skin, pelt or 6 hide of any female deer, or spotted fawn, or any deer hide or 7 pelt from which the evidence of sex has been removed, is 8 guilty of a misdemeanor; provided, however, that the provis- 9 ions of this section shall not apply to the skin, pelt or hide of 10 any deer killed or taken in a foreign country ; provided, how- 11 ever, that any person who shall lawfully kill deer during the 12 open season may make an affidavit before any justice of the 13 peace or county clerk, setting forth the date of the killing of 14 each deer, and that the same was killed by the affiant; and 15 said justice of the peace or county clerk taking such affidavit 16 shall unless he have reason to believe that said affidavit is 17 false, or that the affiant has violated the laws relating to the (25) 1 killing of game, thereupon deliver to the affiant one leather 2 tag of the character hereinafter described for the hide of each 3 deer covered by said affidavit, not exceeding two in all, and 4 the person so receiving such tag or tags shall securely fasten 5 with wire one tag to each deer skin and shall thereupon be 6 entitled to offer said deer skin for sale or exchange or trans- 7 portation to any point within the state. The tags above 8 referred to shall be designed and issued by the state board of 9 fish commissioners, or the chief officer charged with the enforce- 10 ment of the game laws, and shall bear a stamp impressed 11 thereon containing a number and the year of issue, and such 12 other words or figures as such board or officer may determine. 13 Such tags shall be numbered consecutively beginning with 14 No. 1 each year, and shall be distributed to the various county 15 clerks of this state to be distributed to the justices of the peace 16 of their respective counties. Each county clerk shall receipt 17 for the tags so received by him and shall take from each justice 18 of the peace to whom he shall issue any of such tags a receipt 19 in duplicate, one copy of which he shall file in his office and 20 the other of which he shall forward to the state board of fish 21 commissioners. Each justice of the peace or county clerk tak- 22 ing any such affidavit and issuing any such tag shall enter 23 upon each affidavit the number of the tags issued by him to 24 the affiant, and he shall forward to the county clerk of his 25 county within five days from the close of the open season 2^ for deer in each year all such affidavits, and all unused tags, 2 ' and said clerk shall forward all of the same to the state board 28 of fish commissioners. Such affidavit may also be taken by and 29 filed with any county clerk who may issue tags direct to affiant under the regulations hereinbefore mentioned. Each county 31 clerk or justice of the peace transmitting any such affidavit ^2 may make a charge to the affiant of ten cents, but no other fee 33 shall be collected for the taking of such affidavits. No tag 34 shall be issued to any person in any year for any deer hide 35 after the expiration of five days from the close of the open 36 season for deer, nor shall more than two tags be issued to any 37 person in any one year. Any person who shall wilfully make (26) 1 a false affidavit for the purpose of securing any tag herein- 2 before mentioned, or who shall counterfeit or alter, or attempt 3 to counterfeit or alter any such tag issued by the said board 4 of fish commissioners shall be guilty of a misdemeanor. Every 5 person who buys, sells, offers or exposes for sale, barter or 6 trade, or transports or carries any deer hide within this state 7 unless the same shall have attached thereto a leather tag as 8 hereinbefore provided is guilty of a misdemeanor. (27) Changes Section 628a, to permit shipping striped bass out of State. Changes Section 634, to place limits of tidewater on salmon in both Sacramento and San Joaquin rivers, up river. Repeals Section 636b, preventive of fishing with nets in Mokelumne River. SENATE BILL No. 604 INTRODUCED BY SENATOR CAMINETTI, January 22, 1913. Referred to Committee on Fish and Game. AN ACT To Amend Sections Six Hundred and Twenty-eight a, Six Hun- dred and Thirty-four, and to Repeal Section Six Hundred and Thirty-six b, of the Penal Code of the State of Cali- fornia, all Relating to the Protection and Preservation of Fish. The people of the State of California, represented in Senate and Assembly, do enact as follows: 1 Section 1. Section six hundred and twenty-eight a of the 2 Penal Code of the State of California is hereby amended to 3 read as follows: 4 628a. Every person who, at any time, buys, sells, offers 5 for sale, or has in his possession, any striped bass of less than 6 three pounds in weight ; or who, between the seventeenth day 7 of September and the twenty-third day of October of any 8 year, takes, catches, or kills, any striped bass, with a net or 9 seine; or who, between the seventeenth day of September and 10 the twenty-third day of October of any year, has in his 11 possession any striped bass, taken, caught or killed, except 12 with hook and line; or who, between the seventeenth day of 13 September and the twenty-third day of October of any year, 14 buys, sells, or offers for sale, ships, offers for shipment, or 15 receives for shipment or transportation, any striped bass is (28) 1 guilty of a misdemeanor; provided, that the possession of such 2 striped bass shall be prima facie evidence of the fact that 3 such striped bass were caught or taken in the waters of this 4 state. 5 Sec. 2. Section six hundred and thirty-four of the Penal 6 Code of the State of California is hereby amended to read as 7 follows : 8 634. Every person who. between the seventeenth day of S September and the twenty-third day of October of each year, 10 takes, catches, or kills, buys, sells, offers or exposes for sale, 11 or has in his possession, any fresh salmon; every person who, 12 except with spoon and hook and line, between the twenty- 13 third day of October and the fifteenth day of November of 14 each year, takes, catches, or kills, any salmon, shad or striped 15 bass, above tide-water ; every person who, between the twenty - 16 third day of October and the fifteenth day of November of 17 each year, takes, catches, or kills, above tide-water, or who 18 has in his possession taken above tide-water, more than one 19 salmon, during any one calendar day; every person who shall 20 cast, extend or draw, or assist in casting, extending or draw- 21 ing, any net or seine for the purpose of taking or catching 22 salmon, shad or striped bass, in any of the waters of this 23 state, at any time between sunrise of each Saturday and 24 sunset of the following Sunday; every person who catches 25 salmon, in anj^ of the waters of this state, with any seine, or 26 net, dragnet, or paranzella, any of the meshes of which are, 27 when drawn closely together and measured inside the knot. 28 less than six and one-half inches in length ; every person who 29 catches any shad or striped bass in any of the waters of the 30 state, with any seine or net, dragnet, or paranzella, any of the 31 meshes of which are, when drawn closely together and meas- 32 ured inside the knot, less than five and one-half inches in 33 length ; every person who catches any salmon, shad or striped 34 bass with any seine or net, the cork line of which shall be sub- 35 merged below the surface of the water and so anchored or 36 fastened to the bed of any stream or body of water so as to 37 prevent the free drifting of any such seine or net, is guilty (29) 1 of a misdeamor, and is punishable by a fine of not less than 2 two hundred dollars, or by imprisonment in the county jail in 3 the county in which the conviction shall be had, not less than 4 one hundred and fifty days, or by both such fine and impris- 5 onment, and all fines imposed and collected for any violation 6 of the provisions of this section shall be paid into the fish 7 and game preservation fund. In the construction and mean- 8 ing of this section, the limits of tide water in Sacramento 9 river shall be deemed not to extend above the east side of the 10 Southern Pacific company's railroad bridge at the city of 11 Sacramento; in the San Joaquin river, not to extend above 12 the south side of the Southern Pacific company's railroad 13 bridge about seventeen miles south of the city of Stockton ; in 14 Eel river, in Humboldt county, from its mouth to east bound- 15 ary line of township three north, range two west, Humboldt 16 meridian; in the Klamath river to a point on the river north 17 of the residence of James McGarvey; in Smith river, in Del 18 Norte county, from its mouth to Higgins Ferry. Nothing in 19 this section shall prohibit the United States fish commission 20 and the fish and game commission of this state from taking 21 at all times such fish as they deem necessary for the purpose 22 of artificial hatching. 23 Sec. 3. Section six hundred and thirty-six b of the Penal 24 Code of the State of California is hereby repealed. 25 Sec. 4. All acts and parts of acts in conflict with this act 26 are hereby repealed. (30) Changes law on two-mesh, three-mesh and trammel nets by also including the word "set"' as among the acts prohibited, and changing the words, "the waters of this State" to read "the waters of any river, stream, strait, or channel of any bay within this State." Also makes fine of $100 or imprison- ment not less than fifty days. SENATE BILL No. 635 INTRODUCED BY SENATOR FLINT, January 23, 1913. Referred to Committee on Fish and Game. an ACT To Amend Section Six Hundred Thirty-five and One Half of the Penal Code, Relating to Two-mesh, Three-mesh, and Tram- mel Nets. The people of the State of California do enact as follows: 1 Section 1. Section six hundred thirty-five and one half of 2 the Penal Code is hereby amended to read as follows : 3 635J. Every person who shall, at any time, cast, set, extend, 4 or use, any two-mesh or three-mesh net, or trammel net, for 5 the catching of fish, shrimp, or shellfish, in the waters of any 6 river, stream, strait, or channel of any bay within this state, 7 except as provided in section six hundred and thirty-six of 8 the Penal Code, is guilty of a misdemeanor and is punishable 9 by a fine of not less than one hundred dollars, or by imprison- 10 ment in the county jail in the county in which the conviction 11 shall be had, not less than fifty days, or by both such fine and 12 imprisonment; and all fines imposed and collected for any 13 violation of any of the provisions of this section shall be paid 14 into the state treasury to the credit of the fish and game 15 preservation fund. (31) Abalones. Changes present law so as to prevent the use of diving paraphernalia in taking abalones. Also prohibits shipping of abalones, abalone meat, or shells out of the State. SENATE BILL No. 636 INTRODUCED BY SENATOR FLINT, January 23, 1913. Referred to Committee on Fish and Came. an ACT To Amend Section Six Hundred Twenty-eight of the Penal Code of the State of California, Relating to the Protection of Fish and Shell-fish. The people of the State of California do enact as follows: 1 Section 1. Section six hundred twenty- eight of the Penal 2 Code of the State of California is hereby amended to read 3 as follows: 4 628. Ever}^ person who, at any time, offers for shipment, 5 ships, or receives for shipment or transportation from the 6 State of California to any place in any other state, territory, 7 or foreign country, or who has in his possession, for any pur- 8 pose, any dried shrimp or shrimp shells of shrimp caught or 9 taken in the waters of this state, is guilty of a misdemeanor; 10 provided, that the possession of such dried shrimp or shrimp 11 shells, for any purpose, shall be prima facie evidence of the 12 fact that such dried shrimps or shrimp shells are of shrimps 13 which were caught or taken in the waters of this state; or 14 every person who, between the fifteenth rlflyjvFJj Vh T-nary amj 15 the fifteenth day of September of each year, buys, sells, takes. 16 catches, kills, or has in his possession any lobster, or crawfish, 17 or who, at any time, has in his possession any lobster or craw- 18 fish of less than nine and one half inches in length, measured (32) 1 from one extremity to the other, exclusive of legs, claws, or 2 feelers, or who shall, at any time, pickle, can, or otherwise 3 preserve any lobster, crab, or crawfish, caught or taken in the 4 waters of this state, or who shall, at any time, sell any crab, 5 lobster, or crawfish meat not in the shell of such crab, lobster, 6 or crawfish, or who shall bring to shore any part or portion 7 of any lobster, crab, or crawfish, without the remaining por- 8 tions of said lobster, crab, or crawfish, in such condition that 9 the size of such lobster, crab, or crawfish cannot be measured, 10 is guilty of a misdemeanor. Every person who, at any time, 11 has in his possession for sale, or sells, or offers for sale, any 12 dressed catfish less than seven inches in length, not including 13 the head ; or who, at any time, kills, or has in his possession, 14 any sturgeon of less than twenty-five pounds in weight; or 15 who, between the first day of November and the first day of 16 March of the year following, buys, sells, takes, catches, kills, 17 or has in his possession, any crab ; or who, at any time, buys, 18 sells, offers for sale, takes, catches, kills, or has in his posses- 19 sion. any female crab, or any crabs which shall measure less 20 than seven inches across the back, or any person who, between 21 the first day of March and the first day of July of any year, 22 kills, takes, or catches, in the w-aters of this state, any abalone 23 (Haliotis) ; or who, at any time, buys, sells, offers for sale, 24 takes, catches, kills, or has in his possession, any abalone 25 (Haliotis), known to commerce as the red abalone {Haliotis 26 rufescens), less than seventeen inches around the outer edge 27 of the shell, or any green abalone (Haliotis fulgens), less than 28 sixteen inches around the outer edge of the shell, or any pink 29 abalone {Haliotis corrugata), less than fourteen inches around 30 the outer edge of the shell, or any black abalone (Haliotis 31 cracker odie) , less than twelve inches around the outer edge 32 of the shell; or who, by whatever means whatsoever, takes or 33 catches, between the first day of July and the twenty-eighth 34 day of February, the red abalone (Haliotis rufescens), seven- 35 teen inches or over around the outer edge of the shell, or the 36 green abalone (Haliotis fulgens), sixteen inches or over 37 around the outer edge of the shell, or the pink abalone (Halio- (33) 3—3873 1 tis corrugata), fourteen inches or over around the outer edge 2 of the shell, or the black abalone (Haliotis crackerodie) , 3 twelve inches or over around the outer edge of the shell, and 4 does not bring the abalone naturally attached to the shell, 5 alive, to the shore, above high-water mark; or who kills any 6 abalone (Haliotis), of lawful size, other than for food pur- 7 poses; or who, at any time, shall use any diving parapher- 8 nalia of whatsoever character, for the taking, gathering, or 9 catching of any abalone (Haliotis) ; or who ships, offers for 10 shipment, or receives for shipment or transportation, from 11 the State of California, to any place in any other state, terri- 12 tory, or foreign country, any abalone (Haliotis), abalone 13 (Haliotis) meat, or abalone (Haliotis) shells, is guilty of a 14 misdemeanor; provided, that it shall at all times be lawful 15 for any person or persons, to buy, sell, or have in his posses- 16 sion, any lobster or crawfish of not less than nine inches in 17 length, measured from one extremity to the other, exclusive 18 of legs, claws, or feelers, or any abalone caught or taken with- 19 out the waters of this state, and bearing, after inspection, such 20 evidence of having been so caught or taken as shall be here- 21 after prescribed by the fish and game commission ; and pro- 22 vided further, that the expense of such inspection shall be borne 23 by the person or persons importing lobster or crawfish. CM) Establishes and defines a part of Marin County as a special district for the propagation of game, to be known as the "Mount Tamalpais Game Refuge." SENATE BILL No. 712 INTRODUCED BY SENATOR OWENS, January 24. 1913. Referred to Committee on Fish and Game. an ACT To Further Divide the State Into Fish and Game Districts by Establishing a District Specially Suited for Propagation of Game, and to Provide for the Management and Protection Thereof. The people of the State of California do enact as follows: 1 Section 1. In addition to other fish and game districts, 2 the following described territory, being specially fitted for the 3 propagation of game, is set apart and divided from the other 4 fish and game districts of the state, and shall be known as the 5 "Mount Tamalpais game refuge." Said district shall be 6 composed of that portion of Marin county which is parti cu- 7 larly described as follows: beginning at the head of inner 8 Bolinas bay, at the intersection of the Bolinas-San Rafael 9 county road with the Bolinas-Olema county road, thence run- 10 ning northwesterly along the Bolinas-Olema county road to 11 its intersection with the boundary line between the lands of 12 Mrs. S. S. Randall and G. Muscio; thence northeasterly along 13 the said boundary line and that line extended to its intersection 14 with the center of the right of way of the Northwestern 15 Pacific railway; thence southeasterly along the center of the (35) 1 right of way of the Northwestern Pacific railroad through 2 railroad stations Lagunitas, Fairfax, San Anselmo, Corte Ma- 3 dera and intermediate stations to Manzanita station, where now 4 located; thence southerly along the road up the east branch 5 of Coyote valley and down Tennessee valley to its mouth on 6 the Pacific ocean ; thence northwesterly along the Pacific ocean 7 and Bolinas bay (including inner Bolinas bay) to the point of 8 beginning. 9 Sec. 2. The provisions of law for district number , 10 for the protection of fish, shall be in force in said "Mount 11 Tamalpais game refuge;" but there shall be no open season 12 therein for any game animals or birds, and it shall be unlaw- 13 ful to hunt, pursue, take, kill or destroy any such animals or 14 birds within its limits, at any time, except to capture the same 15 to be set at liberty elsewhere, as hereinafter specially pro- 16 vided. The terms, game animals and birds, as used herein, 17 are intended to include all animals and birds which are pro- 18 tected or fostered by any of the laws of the state. 19 Sec. 3. Said Mount Tamalpais game refuge shall be under 20 the government, control and management of a board, to be 21 known as the "managers of the Mount Tamalpais game 22 refuge. ' ' Said board shall consist of three members, to be 23 appointed by the governor of the state, and to hold office at 24 his pleasure. Said members shall receive no salary ; but when 25 any funds are available for the purpose, may be reimbursed 26 for actual expenses incurred in the performance of their 27 official duties. Sec. 4. Said managers shall have power: a. To exercise control over any lands within the district to which the state may acquire any tenancy or ownership, 31 by lease, purchase, or donation. 32 b. To accept, on behalf of the state, donations of ownership 33 or leasehold interests of any lands within the boundaries of 34 said district, to be used for furtherance of the objects of pro- 35 tecting, feeding, or propagating game. 36 c. To accept, on behalf of the state, donations of game birds 37 and animals, and of money given or appropriated for protec- ts) 29 30 1 tion, feeding, or propagation of game in said district, and use 2 the same for the said purposes; and as nearly as may be, for 3 any particular purpose indicated by the donor. 4 d. To capture and take alive from said district, game, and 5 set it at liberty in other portions of the state, with the ap- 6 proval of the fish and game commission, but not otherwise. 7 e. To adopt rules for the government of said board in its 8 own meetings and . deliberations ; and to make such rules and 9 regulations for the further protection and propagation of 10 game in the district as shall not be inconsistent with this act 11 or other statutes of the state. 12 /. To appoint and employ wardens for said district, who 13 shall have within said district all the authority and duties 14 of deputy fish and game commissioners, and such other em- 15 ployees as may be needed; and may provide compensation for 16 said wardens and employees when there are funds at the dis- 17 posal of said board available for such purpose. 18 g. To issue, in their discretion, and under such restrictions 19 as they may deem best, permits for carrying, using, or having 20 i n possession, within said district, firearms, traps, or other in- 21 struments or means for killing or taking birds or animals; but 22 no such permits shall allow any person to hunt, kill, destroy or 23 take, any game birds or animals ; and no hunting, killing or de- 24 struction of wild birds or animals, other than game birds or ani- 25 mals, within said district, shall be allowed, except by persons 26 on their own lands or those of their employer, by wardens or 27 by persons holding special permits for the purpose; and per- 28 sons holding said special permits shall only be allowed so to 29 do when accompanied either by a member of the fish and 30 game commission, or authorized deputy, a member of the 31 board of managers, or a warden of the district, or the sheriff, 32 or a deputy sheriff of the county. 33 Sec. 5. Any person who shall do any of the following acts 34 within the limits of said district shall be guilty of a misde- 35 meanor, and shall be punishable by fine not exceeding one 36 thousand dollars, or by imprisonment not exceeding seven 37 months, or by both such fine and imprisonment : (37) 1 a. Hunt, pursue, take, kill or destroy, any game, birds, or 2 animals. 3 b. Hunt, pursue, take, kill or destroy, any other wild birds 4 or animals, except as hereinbefore provided. 5 c. Have in his possession any firearms, traps or other con- 6 trivance, instruments, or means capable of being practically 7 used, for killing, destruction, or capture of game birds or 8 animals, without having a permit therefor from the board of 9 managers; provided, this subdivision shall not apply to the 10 legal occupant of privately owned lands, when upon his own 11 lands, nor to the employees of such occupant when employed 12 in killing on the lands of their employer, ground squirrels, 13 gophers, owls, hawks, blue jays, skunks, or other destructive 14 birds or animals which are not game birds or animals, as here- 15 inbefore defined. 16 d. Wilfully violate any rules or regulations of the board of 17 managers. 18 Sec. 6. It shall be the duty of the managers of said Mount 19 Tamalpais game refuge to enforce all the provisions of this 20 act and to institute and assist in prosecutions for violations 21 thereof; and so far as can be done without neglect of other 22 duties, such is likewise the duty of the fish and game com- 23 mission and its deputies and of all peace officers. 24 Sec. 7. Any county may, in the discretion of its board of 25 supervisors, appropriate and pay to said board of managers 26 funds to be used by them, as provided in subdivision c, of 27 section four hereof, or to induce distribution within their *y respective counties of game birds or animals, as provided in 29 subdivision e of said section; all sums, if any, so paid by road cuts said section corner, such a point being on the 27 boundary of the Fort'Tejon rancho; that part of Kern county 28 on the northerly side of a line from this point following the 29 boundary of the Fort Tejon rancho to where this boundary 30 intersects the main line of the Southern Pacific railroad ; that 31 part of Kern county on the easterly side of the main line of 32 the Southern Pacific railroad from this point to where the said 33 railroad crosses the south line of Kern county. 34 Sec. 4. Section six of an act entitled "An act to divide 3* the State of California into six fish and game districts," ap- 36 proved March 21, 1911, is hereby amended to read as follows : 37 Section 6. The fifth fish and game district shall consist of (112) 1 and include the counties and those parts of counties described 2 as follows : Contra Costa, Alameda, San Mateo, San Francisco, 3 santa Clara, San Benito, Santa Cruz, Monterey, San Luis 4 Obispo, and such parts of San Joaquin, Stanislaus, Merced, 5 Fresno, Kings and Kern counties not included in fish and 6 game district number four. 7 Sec. 5. Section seven of an act entitled "An act to divide 8 the State of California into six fish and game districts," ap- 9 proved March 21, 1911, is hereby amended to read as follows: 10 Section 7. The sixth fish and game district shall consist of 11 and include the counties of Santa Barbara, Ventura, Los 12 Angeles, Orange, San Diego, Imperial, Riverside, San Ber- 13 nardino. (U3) 8—3873 IDENTICAL WITH ASSEMBLY BILL NO. 1443. An Act to regulate the wholesale dealing in fish and game. This fixes a license of $10 for citizens, $100 for aliens and corporations. It also provides for forfeiting same in case of conviction for violation of the game and fish laws. SENATE BILL No. 1439 INTRODUCED BY SENATOR HANS, (By request,) February 3, 1913. Referred to Committee on Fish and Game. an act To Amend Section Three of an Act Entitled "An Act to Regulate the Vocation of Dealing in Fish and in Wild Game and Animals by Wholesale for Profit and to Provide Therefrom Revenue for the Propagation and Restoration of Fish and Game in the State of California/' Approved April 14, 1911. The people of the State of California do enact as follows: 1 Section 1. Section three of an act entitled "An act to 2 regulate the vocation of dealing in fish and in wild game and 3 animals by wholesale for profit and to provide therefrom 4 revenue for the propagation and restoration of fish and game 5 in the State of California," approved April 14, 1911, is 6 hereby amended to read as follows: 7 Section 3. Licenses shall be issued and delivered upon 8 application to the state board of fish and game commissioners, 9 or their deputies. The licenses herein provided for shall be 10 issued as follows : To any citizen of the United States and to 11 any person who has duly made his declaration of intention to 12 become a citizen of the United States, as provided by law, (114) 1 upon the payment of ten dollars; to any person not a citizen 2 of the United States upon the payment of one hundred dol- 3 lars; to any corporation upon the payment of one hundred 4 dollars. Not more than one license shall be issued to any one 5 person or corporation for the same year, except upon an affi- 6 davit by the applicant that the one issued has been lost or 7 destroyed, and no license issued as herein provided shall be 8 transferable or used by any other person than the one to 9 whom it was issued. Every person having a license as pro- 10 vided herein, who refuses to exhibit such license upon demand 11 of any officer authorized to .enforce the fish and game laws of 12 this state, or any peace officer of this state, or who transfers 13 or disposes of the same to any other person to be used as a 14 license, or who is convicted for violating any of the fish or 15 game laws of this state, shall forfeit this license. (115) IDENTICAL WITH ASSEMBLY BILL NO. 1442. This amendment forbids the exportation of shrimp or shrimp shells; fixes a close season on spiny lobsters or crawfish of the months of November, December, January, and February (such close season applying to all lob- sters, thus breaking up the Mexican monopoly of these shellfish); regulates the crab traffic, limits the taking of catfish to hook and line, with an 8-inch size limit on sale; regulates the taking of abalones by season and size limit on the different species, fixes the daily limit, and forbids diving apparatus in the sixth district. SENATE BILL No. 1440 INTRODUCED BY SENATOR HANS, (By request,) February 3, 1913. Referred to Committee on Fish and Game. AN ACT To Amend Section Six Hundred and Twenty-eight of the Penal Code of the State of California, Relating to the Protection and Preservation of Fish. The people of the State of California do enact as follows: 1 Section 1. Section six hundred and twenty-eight of the 2 Penal Code of the State of California is hereby amended to 3 read as follows: 4 628. Every person who, at any time, offers for shipment, 5 ships, or receives for shipment, or transportation from the 6 State of California to any place in any other state, territory 7 or foreign country, or who has in his possession for any pur- 8 pose, any dried shrimp, or shrimp shells of shrimp caught or 9 taken in the waters of this state, is guilty of a misdemeanor; 10 provided, that the possession of such dried shrimp or shrimp (116) 1 shells, for any purpose, shall be prima facie evidence of the 2 fact that such dried shrimp or shrimp shells are of shrimps 3 which were caught or taken in the waters of this state; and 4 every person Avho, between the twenty-eighth day of February 5 and the thirty-first day of October inclusive, of each year, 6 buys, sells, takes, catches, or kills, or has in his possession, any 7 lobster, or crawfish, less than nine inches in length, measured 8 from one extremity to the other, exclusive of legs, claws or 9 feelers; or who shall, at any time, pickle, can, or otherwise 10 preserve, any lobster, crab {Cancer magister) or crawfish, 11 caught or taken in the waters of this state, or who shall at any 12 time, sell any crab {Cancer magister), lobster, or crawfish 13 meat not in the shell of such crab {Cancer magister), lobster 14 or crawfish, or who shall bring to shore any part or portion of 15 any lobster, crab {Cancer magister) or crawfish, without the 16 remaining portions of said lobster, crab {Cancer magister) or 17 crawfish, in such condition that the size of such lobster, crab 18 {Cancer magister), or crawfish cannot be measured, is guilty 19 of a misdemeanor. Every person who at any time takes, or 20 catches, any catfish other than with hook and line in the 21 manner commonly known as angling, or who at any time has 22 in his possession for sale, or sells, or offers for sale, any 23 dressed catfish less than eight inches in length, not including 24 the head, or who at any time, kills, or has in his possession. 25 any sturgeon of less than twenty-five pounds in weight, or 26 w ho, between the first day of August and the fifteenth day of 27 November of any year buys, sells, takes, catches, kills, or has in his possession, any crab {Cancer magister), or who at any time buys, sells, offers for sale, takes, catches, kills, or has in his possession any female crab {Cancer magister), or any crab 28 29 30 31 {Cancer magister) which shall measure less than seven inches 32 across the back, or any person who, between the first day of 33 March and the first day of July of any year kills, takes, or 34 catches in the waters of this state any abalone {Haliotis) 35 known to commerce as the red abalone {Haliotis refuscens) 36 less than seventeen inches around the outer edge of the shell, 37 or any green abalone {Haliotis fulgens) less than sixteen (117) 1 inches around the outer edge of the shell, or any pink abalone 2 (Haliotis corrugata) less than fourteen inches around the 3 outer edge of the shell, or any black abalone (Haliotis crack- 4 erodie) less than twelve inches around the outer edge of the 5 shell; or who by any means whatsoever takes, or catches, 6 between the first day of July and the twenty-eighth day of 7 February the red abalone (Haliotis refuscens), seventeen 8 inches or over around the outer edge of the shell, or the green 9 abalone (Haliotis fulgens), sixteen inches or over around the 10 outer edge of the shell, or the pink abalone (Haliotis corru- 11 gata), fourteen inches or over around the outer edge of the 12 shell, or the black abalone (Haliotis crackerodie) , twelve inches 13 or over around the outer edge of the shell, and does not bring 14 the abalone naturally attached to the shell alive to the shore, 15 above high water mark, or who kills any abalone (Haliotis) 16 of lawful size, other than for food purposes, or who takes, 17 catches, or kills any abalone (Haliotis) in any of the waters 18 of this state with spears or grab-hooks, is guilty of a misde- 19 meanor. Every person who in game district six uses any div- 20 ing apparatus for taking or catching any abalone (Haliotis), 21 or who takes, catches, kills, or has in his possession more than 22 twenty abalones (Haliotis) any one calendar day, is guilty of 23 a misdemeanor. (118) •IDENTICAL. WITH ASSEMBLY BILL NO. 1441. This proposed amendment fixes bag limits, daily and weekly, on duck, quail, doves, snipe, or shore birds, grouse, rabbits in some districts, sage hens; fixes a bag limit for the first time for geese and band-tailed pigeons. Limits are, ducks, 25 per day, 50 per week; geese, 25; valley quail, 15; mountain quail, 10 per day, 30 per week. SENATE BILL No. 1441 INTRODUCED BY SENATOR HANS, (By request,) February 3, 1913. Referred to Committee on Fish and Game. an act To Amend Section Six Hundred Twenty-six d of the Penal Code, Relating to the Protection of Game. The people of the State of California do enact as follows: 1 Section 1. Section six hundred twenty-six d of the Penal 2 Code of the State of California is hereby amended to read as 3 follows : 4 626d. Every person who, during any one calendar day, 5 takes, kills, or destroys, or has in his possession or in the pos- 6 session of any other person, transportation company or com- 7 mon carrier, or cold storage company, for his use or benefit, 8 more than twenty-five wild ducks or black sea brant, or more 9 than fifty wild ducks between sunrise of one Sunday and sun- 10 rise of the following Sunday ; or who during any one calendar 11 day, takes, kills, or destroys, or has in his possession or in the 12 possession of any other person, transportation company, or 13 common carrier or cold storage company for his use or benefit (119) 1 more than twenty-five wild geese, or who during any one calen- 2 dar day, takes, kills or destroys, or has in his possession, or in 3 the possession of any other person, transportation company, 4 common carrier, or cold storage company, for his use or benefit, 5 more than fifteen desert or valley quail, or ten mountain quail, 6 or more than thirty desert or valley or mountain quail between 7 sunrise of one Sunday and sunrise of the following Sunday, or 8 who during any one calendar day has in his possession, or in 9 the possession of any other person, transportation company, 10 common carrier, or cold storage company, for his use or benefit, 11 more than twenty doves, or more than twenty shore birds 12 (Limicolce) between sunrise of one Sunday and sunrise of the 13 following Sunday or more than fifteen band tail or wild pigeon, 14 or more than four grouse, or more than four sage hens, or more 15 than fifteen cottontail or bush rabbits ; provided, that in game 16 district number three every person who in any one calandar 17 day, takes, kills, or destroys or has in his possession, or in the 18 possession of any other person, transportation company, com- 19 mon carrier, or cold storage company, more than five cotton- 20 tail or bush rabbits, is guilty of a misdemeanor. (120) IDENTICAL WITH ASSEMBLY BILL NO. 1440. Section 635'/ 2 is amended hereby to permit the use of trammel nets in the waters of the sixth district of not less than iy 2 inches mesh, giving one year for the disposition of nets of less than that mesh now in possession. SENATE BILL No. 1442 INTRODUCED BY SENATOR HANS, (By request,) February 3, 1913. Referred to Committee on Fish and Game. AN ACT To Amend Section Six Hundred and Thirty-five and One Half of the Penal Code of the State of California. The people of the State of California do enact as follows: 1 Section 1. Section six hundred and thirty-five and one-half 2 of the Penal Code of the State of California is hereby amended 3 to read as follows: 4 635J. Every person who, at any time shall cast, extend, or 5 use any two mesh or three mesh net or trammel net, for the 6 catching of fish, shrimp, or shellfish in the waters of this state is 7 guilty of a misdemeanor, and is punishable by a fine of not less 8 than one hundred dollars nor more than five hundred dollars, 9 or by imprisonment in the county jail in which the conviction 10 shall be had not less than fifty days nor more than one hun- 11 dred and fifty days, or by both such fine and imprisonment; 12 provided, that in fish and game district number six it shall be 13 lawful to cast, extend, or use any three mesh or trammel net 14 any of the meshes of which are, when drawn closely together (121) 1 and measured inside the knot, less than seven and one half 2 inches in length, for taking or catching fish, shrimp, or shell- 3 fish in the ocean waters thereof; provided, further, that in 4 game district number six every person who shall cast, extend, 5 or use any three mesh or trammel net for the taking or catching G of fish, shrimp, or shellfish within one mile from the ocean 7 shore line thereof is guilty of a misdemeanor, and is punish- 8 able by a fine of not less than one hundred dollars nor more 9 than five hundred dollars, or imprisonment in the county jail 10 in the county in which the conviction shall be had not less than 11 fifty days nor more than one hundred and fifty days, or by both 12 such fine and imprisonment; and all fines and forfeitures 13 imposed and collected for any violation of any of the provi- 14 sions of this section shall be paid into the fish and game preser- 15 vation fund. (122) IDENTICAL WITH ASSEMBLY BILL NO. 1439. This proposed law defines game birds, non-game birds, and predatory birds, prohibits traffic in skins or plumage of non-game birds, and gives specific permission to kill certain species in certain sections, and allows killing, but neither shipping nor selling of wild birds by owners or tenants where such birds are found destroying crops. Certain fish-destroying birds are exempted from protection by this bill. SENATE BILL No. 1443 INTEODUCED BY SENATOB HANS, (By request,) February 3, 1913. Keferred to Committee on Fish and Game. AN ACT To Amend Section Six Hundred Thirty-seyen a of the Penal Code of the State of California Belating to the Protection of Fish and Game. The people of the State of California do enact as follows: 1 Section 1. Section six hundred thirty-seven a of the Penal 2 Code of the State of California is hereby amended to read as 3 follows : 4 637a. Every person in the State of California who shall at 5 any time kill or catch, or have in his possession, living or dead, 6 any wild bird other than a game bird, or who shall purchase, 7 offer or expose for sale, transport or ship within or out of the 8 state, any such wild bird after it has been killed or caught, 9 except as permitted by this act, shall be guilty of a misde- 10 meanor. No part of the plumage, skin or body of any bird 11 protected by this section shall be sold or had in possession for 12 sale, irrespective of whether said bird was captured or killed (123) 1 within or without the state. For the purposes of this act the 2 following only shall be considered game birds: The Anatidce, 3 commonly known as swans, geese, brant, and river and sea 4 ducks ; the Rallidce, commonly known as rails, coots, mud-hens, 5 and gallinules; the Limicolce, commonly known as shore-birds, 6 plover, surf -birds, snipe, sand-pipers, tattlers, and curlews ; the 7 Gallince, commonly known as wild turkeys, grouse, prairie-chick- 8 ens, pheasants, partridges, and quails ; the species of Colitm- 9 bidce, known as wild pigeons and doves, and the birds known as 10 reed birds, robins, blackbirds, and meadowlarks. All other 11 species of wild birds, either resident or migratory, shall be con- 12 sidered non-game birds; provided, that the English or Euro- 13 pean house-sparrow, the great-horned owl, sharp-shinned hawk, 14 Cooper's hawk, duck-hawk, butcher-bird, blue-jay, house finch, 15 commonly known as California linnet, crow, magpie and the 16 king-fisher, are not included among the birds protected by this 17 act ; and provided, further, that the wood duck is hereby taken 18 from the list of game birds, and added to the list of non-game 19 birds ; provided, further, that nothing in this section shall pro- 20 hibit the killing of a meadowlark, robin, or other wild bird, 21 by the owner or tenant of any premises, where such bird is 22 found destroying berries, fruit or crops growing on such 23 premises, but the birds so killed shall not be shipped or sold ; 24 provided, further, that in game district number one of the State 25 of California, it is lawful to hunt, pursue, take, kill, destroy, or 26 have in possession, the blue heron; provided, further, that in 27 game districts numbers two, three, four, and six, it is lawful to 28 hunt, pursue, take, kill, destroy or have in possession the birds 29 known as pelicans, shag or cormorant ; and nothing in this act 30 shall prevent a citizen of California from taking or keeping any 31 wild non-game birds as domestic pets if such birds shall not be 32 sold or offered for sale, or transported out of the state, a permit 33 to keep the same having first been obtained from the state board 34 of fish and game commissioners. (124) IDENTICAL WITH ASSEMBLY BILL NO. 1438. This amendment modifies the deer law by fixing seasons in the various districts in conformity with the Fish and Game Commission survey of life zones and conditions affecting the deer. SENATE BILL No. 1444 INTRODUCED BY SENATOR HANS, (By request,) February 3, 1913. Referred to Committee on Fish and Game. AN ACT To Amend Section Six Hundred Twenty-six/ of the Penal Code, Relating to the Protectiox and Preservation of Male Deer. The people of the State of California do enact as follows: 1 Section 1. Section six hundred twenty-six/ of the Penal 2 Code of the State of California is hereby amended to read as 3 follows : 4 626/. Every person who hunts, pursues, takes, kills or 5 destroys, or has in his possession, whether taken or killed in 6 the State of California, or shipped into the state from any other 7 state, or territory, or foreign country, any male deer, or any deer 8 meat, is guilty of a misdemeanor except as hereinafter pro- 9 vided; provided, that every person in game district number 10 one of the State of California who between the thirty-first day 11 of October and the first clay of September of the following year, 12 hunts, pursues, takes, kills, or destroys, or has in his possession, 13 whether taken or killed in the State of California, or shipped 14 into the state from any other state, or territory, or foreign 15 country, any male deer or any deer meat, is guilty of a misde- ed) 1 meanor; provided, further, that every person in game districts 2 numbers two and five of the State of California who between 3 the thirtieth day of September and the first day of August of 4 the following year, hunts, pursues, takes, kills or destroys, or 5 has in his possession, whether taken or killed in the State of 6 California, or shipped into the state from any other state, or 7 territory, or foreign country, any male deer or any deer meat, is 8 guilty of a misdemeanor; provided, further, that every person 9 in game district number three of the State of California who 10 between the fifteenth day of November and the first day of 11 September of the following year, hunts, pursues, takes, kills, 12 or destroys, or has in his possession, whether taken or killed in 13 the State of California, or shipped into the state from any other 14 state, or territory, or foreign country, any male deer or any deer 15 meat, is guilty of a misdemeanor ; provided, further, that every 16 person in game district number four of the State of California 17 who between the thirty-first day of October and the sixteenth 18 day of September of the following year, hunts, pursues, takes, 19 kills, or destroys, or has in his possession, whether taken or 20 killed in the State of California, or shipped into the state from 21 any other state, or territory, or foreign country, any male deer 22 or any deer meat, is guilty of a misdemeanor; provided, fur- 23 ther, that every person in game district number six of the State 24 of California who between the fifteenth day of September and 25 the sixteenth day of August of the following year, hunts, pur- 26 sues, takes, kills, or destroys, or has in his possession whether 27 taken or killed in the State of California, or shipped into the 28 state from any other state, or territory, or foreign country, any 29 male deer or deer meat, is guilty of a misdemeanor. (126) IDENTICAL WITH ASSEMBLY BILL NO. 1437. This measure provides for an appropriation of $60,000 to be devoted to hatchery and other fish work for the sixty-fifth and sixty-sixth fiscal years. SENATE BILL No. 1445 INTRODUCED BY SENATOR HANS, (By request,) February 3, 1913. Referred to Committee on Fish and Game. an ACT Providing for an Appropriation for the Restoration and Pres- ervation of Fish for the Sixty-fifth and Sixty-sixth Fiscal Years. The people of the State of California do enact as follows: 1 Section 1. There is hereby appropriated out of any money 2 in the state treasury not otherwise appropriated, the sum of 3 sixty thousand dollars, to be expended by the board of fish 4 and game commissioners for the restoration and preservation 5 of fish for the sixty-fifth and sixty-sixth fiscal years. 6 Sec. 2. The state controller is hereby directed to draw his 7 warrant in favor of the board of fish and game commissioners 8 for the money herein appropriated and the state treasurer is 9 hereby directed to pay said warrants. (127) IDENTICAL WITH ASSEMBLY BILL NO. 1436. New Act. This fixes the limits within which netting may be done in the fourth district on the San Joaquin River. SENATE BILL No. 1446 INTRODUCED BY SENATOR HANS, (By request,) February 3, 1913. Referred to Committee on Fish and Game. AN ACT To Add a New Section to the Penal Code of the State of Cali- fornia, to be Numbered Six Hundred and Thirty-four a, Relating to the Protection and Preservation of Fish. The people of the State of California do enact as follows: 1 Section 1. A new section is hereby added to the Penal 2 Code of the State of California to be numbered six hundred and 3 thirty-four a, and to read as follows : 4 634a. Every person who in fish and game district number 5 four casts, extends, or uses any seine, gill-net, or dragnet, to 6 take any fish, or who takes, catches, kills, or destroys, or has in 7 his possession any fish which have been taken, caught, or killed 8 except with hook and line, and in the manner commonly known 9 as angling, except in the San Joaquin river and its tributaries 10 north of the Southern Pacific bridges crossing said river and 11 tributaries between the towns of Banta and Lathrop, San Joa- 12 quin county, is guilty of a misdemeanor. Every person found 13 guilty of any violation of any of the provisions of this section 14 must be fined in a sum not less than twenty dollars nor more 15 than five hundred dollars, or by imprisonment in the county (128) 1 jail of the county in which the conviction is had not less than 2 ten days nor more than one hundred and .fifty days, or by both 3 such fine and imprisonment; all fines and forfeitures imposed 4 and collected for any violation of the provisions of this section 5 must be paid into the state treasury to the credit of the fish and 6 game preservation fund. Nothing in this section prohibits the 7 United States fish commission and the fish and game commis- 8 sion from taking at all times such fish as they deem necessary 9 for purposes of propagation and scientific purposes, nor the 10 taking or catching of bait with a minnow net not larger than 11 four feet wide by fifteen feet long. (129) 9—3873 IDENTICAL WITH ASSEMBLY BILL NO. 1435. New sections. This section fixes penalties for violations of the general laws, and increases (doubles) the penalties for infractions of the deer law. SENATE BILL No. 1447 INTRODUCED BY SENATOR HANS, (By request,) February 3, 1913. Referred to Committee on Fish and Game. an ACT To Amend Section Six Hundred Thirty-one a, Section Six Hundred Thirty-one b, Section Six Hundred Thirty-one c of the Penal Code of the State of California and to Add Thereto Three New Sections to be Numbered Six Hundred Thirty- one d, Six Hundred Thirty-one e and Six Hundred Thirty- one f, All Relating to the Protection of Game. The people of the State of California do enact as follows: 1 Section 1. Section six hundred thirty-one a of the Penal 2 Code of the State of California is hereby amended to read 3 as follows: 4 631a. Every person found guilty of a violation of any of 5 the provisions of section six hundred twenty-six, six hundred 6 twenty-six a, six hundred twenty-six b, six hundred twenty-six 7 c, six hundred twenty-six d, six hundred twenty-six g, six 8 hundred twenty-six h, six hundred twenty-six i, six hundred 9 twenty-six j, six hundred twenty-six k, six hundred twenty- 10 six m, six hundred twenty-six n, six hundred twenty-six o r 11 six hundred twenty-seven, six hundred twenty-seven a, six (130) 1 hundred twenty-seven b, and six hundred thirty-one must 2 be fined in a sum not less than twenty-five dollars, nor more 3 than five hundred dollars, or imprisonment in the county jail 4 of the county in which the conviction shall be had, not less 5 than twenty-five days or more than one hundred and fifty days,. 6 or by both such fine and imprisonment. 7 Sec. 2. Section six hundred thirty-one c of the Penal Code 8 of the State of California is hereby amended to read as follows : 9 631c. Every person found guilty of a violation of any 10 of the provisions of section six hundred twenty-six e must be 11 fined in a sum not less than one hundred dollars, nor more 12 than five hundred dollars, or imprisonment in the county jail 13 of the county in which the conviction shall be had, not less 14 than fifty days nor more than one hundred and fifty days, 15 or by both such fine and imprisonment. 16 Sec. 3. Section six hundred thirty-one b of the Penal Code 17 of the State of California is hereby amended to read as follows : 18 631&. All fines or forfeitures paid or collected for the viola- 19 tion of any of the provisions of sections six hundred twenty-six, 20 six hundred twenty-six a, six hundred twenty-six b, six hundred 21 twenty-six c, six hundred twenty-six d, six hundred twenty-six 22 6f s ix hundred twenty-six /, six hundred twenty-six g, six hun- 23 dred twenty-six h, six hundred twenty-six i, six hundred 24 twenty-six j, six hundred twenty-six k, six hundred twenty-six 25 m } six hundred twenty-six n, six hundred twenty-six o, six 26 hundred twenty-six p, six hundred twenty-seven, six hundred 27 twenty-seven a, six hundred twenty-seven b, six hundred 28 thirty-one, six hundred thirty-one e and six hundred thirty- 29 one / of this chapter, must be paid by the court in which the 30 conviction shall be had or forfeiture made into the state 31 treasury to the credit of the game preservation fund, which 32 fund is hereby created, and the moneys in said fund shall be 33 applied to the payment of claims approved by the game com- 34 missioner or the state board of fish commissioners for the 35 expense of protecting, restoring, and introducing game into 36 the state, and to the payment of the expenses incurred in the (131) 1 prosecution of offenders against the provisions of the above 2 named sections. 3 Sec. 4. A new section is hereby added to the Penal Code of 4 the State of California to be numbered six hundred thirty- 5 one e and to read as follows : 6 631e. Every person found guilty of a violation of any of 7 the provisions of section six hundred twenty-six / must be fined 8 in a sum not less than fifty dollars nor more than five hundred 9 dollars, or imprisonment in the county jail of the county in 10 which the conviction shall be had, not less than fifty days nor 11 more than one hundred and fifty days, or by both such fine and 12 imprisonment. 13 Sec. 5. A new section is hereby added to the Penal Code of 14 the State of California to be numbered section six hundred 15 thirty-one f. 16 631/. Every person found guilty of a violation of any of 17 the provisions of sections six hundred thirty seven a, six hun- 18 dred thirty-seven e and six hundred thirty-six p must be fined 19 in a sum not less than ten dollars nor more than five hundred 20 dollars, or imprisonment in the county jail in the county in 21 which the conviction shall be had, not less than ten days nor 22 more than fifty days, or by both such fine and imprisonment. 23 Sec. 6. All acts and parts of acts in conflict with this act 24 are hereby repealed. (132) IDENTICAL WITH ASSEMBLY BILL NO. 1433. This proposed amendment fixes seasons and bag limits on the various kinds of trout in the different districts; regulates fishing in the mountain lakes, with a view to prohibiting the taking of fish at times to interfere with spawning, and provides for tidewater steelhead fishing in the different districts. SENATE BILL No. 1448 INTRODUCED BY SENATOR HANS, (By request,) February 3, 1913. Referred to Committee on Fish and Game. AN ACT To Amend Sections Six Hundred and Thirty-two and Six Hundred and Thirty-two and One Half of the Penal Code of the State of California Relating to the Protection and Pres- ervation of Fish. The people of the State of California do enact as follows: 1 Section 1. Section six hundred and thirty-two of the Penal 2 Code of the State of California is hereby amended to read as 3 follows : 4 632. Every person who, in game district one, between the 5 thirtieth day of November and the first day of May of the 6 year following, buys, sells, offers for sale, takes, catches, kills, 7 or has in his possession, any variety of trout; or who at any 8 time, takes, catches, or kills, or has in his possession, during any 9 one calendar day more than fifty trout; or who at any time, 10 takes, catches, kills, or has in his possession, during any one 11 calendar day, trout, the total weight of which exceeds ten 12 pounds, and one fish; provided, further, that in game district (133) j. two, every person who, between the thirty-first day of October 2 and the sixteenth day of April of the year following, buys, 3 sells, offers for sale, takes, catches, kills, or has in his posses- 4 sion, any variety of trout except steelhead trout; provided, 5 further, that in game district three, every person who, between 6 the thirty-first day of October and the first day of May of the 7 year following, buys, sells, offers for sale, takes, catches, kills, & or has in his possession, any variety of trout except steelhead 9 trout ; or who at any time, takes, catches, or kills, or has in his 10 possession, during any one calendar day, more than fifty trout ; 11 or who at any time takes, catches, kills, or has in his possession 12 during any one calendar day, trout, other than steelhead trout, 13 and Salmo mykiss henshawii, and Salmo tahoensis (also known 14 as Salmo regalis) both species known as Tahoe trout, or black 15 spotted trout, the total weight of which exceeds ten pounds and 16 one fish; provided, further, that in game district three, every 17 person who, between the thirty-first day of October and the 18 first day of August of the year following, buys, sells, offers 19 for sale, takes, catches, kills, or has in his possession, any trout 20 taken from any stream two miles from its mouth, toward its 21 source, or who takes, kills, catches, any trout within twenty- 22 five hundred feet of the mouth of any stream flowing into, 23 lakes Bigler (Tahoe), Donner, and Meadow Dam lake, in 24 Nevada county, Independence in Nevada and Sierra counties, 25 Silver, and Bear River dam lake, in Amador county, Upper 26 and Lower Blue lakes, and Twin lakes at the source of Silver 27 Fork American river, in Alpine county, and Webber and Wood lakes in Sierra county, is guilty of a misdemeanor; provided, further, that in game district four, every person who, between 30 the thirtieth day of November and the first day of May of the 31 year following, buys, sells, takes, catches, kills, or has in his 32 possession, any variety of trout, except steelhead trout ; or who 33 at any time, takes, catches, or kills, or has in his possession, 34 during any one calendar day, more than fifty trout ; or who at 35 any time, takes, catches, kills, or has in his possession during 36 any one calendar day, trout, other than steelhead trout, the 37 total weight of which exceeds ten pounds, and one fish; pro- (134) 28 29 1 vided, further, that in game districts five and six, every per- 2 son who, between the thirty-first day of October and the first 3 day of May of the following year, buys, sells, takes, catches, 4 kills, or has in his possession any variety of trout except steel- 5 head trout, every person who, buys, sells, takes, catches, kills, 6 or has in his possession, any variety of trout, except steelhead 7 trout, or who at any time, takes, catches, or kills, any trout 8 except with hook and line in the manner commonly known as 9 angling, or who at any time, takes, catches, or kills or has in 10 his possession, during any one calendar day, more than fifty 11 trout, or ten pounds and one fish, other than steelhead trout ; 12 provided, that in game district three, every person who, takes, 13 catches, or kills, or has in his possession, during any one cal- 14 endar day, more than twenty Salmo mykiss henshawii, Salmo 15 tahoerisis (also known as the Salmo regalis), both species com- 16 monly known as cutthroat trout, Tahoe trout, or black spotted 17 trout, is guilty of a misdemeanor. Every person found guilty 18 of any of the provisions of this section must be fined in a sum 19 not less than twenty dollars, or be imprisoned in the county 20 jail in the county in which the conviction shall be had not less 21 than ten days, or be punished by both such fine and imprison- 22 ment ; and all fines and forfeitures collected for any violation 23 of any of the provisions of this section must be paid into the 24 state treasury to the credit of the fish and game preservation 25 fund. Nothing in this section prohibits the fish and game com- 26 mission of this state from taking at all times such trout as they 27 deem necessary for purposes of propagation or for scientific 28 purposes. 29 Sec. 2. Section six hundred and thirty-two and one half of 30 the Penal Code of the State of California is hereby amended 31 to read as follows : 32 632^. Every person who, between the first day of November 33 and the first day of April of the year following, takes, catches, 34 kills, destroys, or has in his possession, taken above tide water, 35 any steelhead trout ; every person who, between the first day of 36 April and the thirty-first day of October of the same year, 37 takes, catches, kills, destroys, or has in his possession any steel- (135) 1 head trout taken above tide water, which have been caught or 9 killed except with hook and line, and in the manner commonly 3 known as angling; every person who, between the first day of 4 February and the twentieth day of November of the same year, 5 buys, sells, offers or exposes for sale, any steelhead trout ; every 6 person who, at any time, takes, catches, kills, destroys, or has 7 in his possession, any steelhead trout taken in the waters of 8 the state, which have been taken, caught, or killed, except with 9 hook and line and in the manner commonly known as angling, IC is guilty of a misdemeanor ; every person who, during any one 11 calendar day, takes, catches, kills, destroys, or has in his posses- 12 sion, more than fifty steelhead trout, or ten pounds and one 13 fish, or one fish weighing ten pounds or over, except as here- 14 after provided; provided, that in game district two, every per- 15 son who, between October thirty-first and April the fifteenth 16 of the following year, takes, catches, kills, or destroys, any 17 steelhead trout, above tide water, except that steelhead trout 18 two pounds in weight or over may be taken above tide water 19 with hook and line in the manner commonly known as angling, 20 between January first and March first of the same year; pro- 21 vided, further, that in game districts five and six, every per- 22 son who, between the thirty-first day of October and the first 23 day of May of the following year, takes, catches, kills, or has 24 in his possession any steelhead trout ; every person who, during 25 any one calendar day, takes, catches, kills, destroys, or has in 26 his possession, more than fifty steelhead trout, or ten pounds 27 and one fish, or one fish weighting ten pounds or over, is guilty 28 of a misdemeanor; provided, further, except in Bear Valley 29 lake, San Bernardino county, every person may during the 30 open season, take, catch, kill, or destroy, or have in his 31 possession, steelhead trout, not to exceed thirty pounds in 32 weight and one fish; provided, farther, that where steelhead 33 trout have been or may be planted in streams that do not have 34 a run of steelhead trout direct from the ocean or salt water 35 bays, the same law shall apply to them, as to all other trout, 36 except where they are specifically mentioned in this act. 37 Nothing herein shall apply to domestically reared steelhead (136) 1 trout. Every person found guilty of any violation of any of 2 the provisions of this section must be fined in a sum not less 3 than twenty dollars, or be imprisoned in the county jail in the 4 county in which the conviction shall be had, not less than ten 5 days, or by both such fine and imprisonment, and all fines and 6 forfeitures collected for any violation of any of the provisions 7 of this section must be paid into the state treasury to the 8 credit of the fish and game preservation fund. Nothing in 9 this section prohibits the fish and game commission of this 10 state from taking at all times such trout as they deem necessary 11 for the purpose of propagation or for scientific purposes. (137) IDENTICAL WITH ASSEMBLY BILL NO. 1434. This amendment fixes fines and penalties for violations of the game and fish laws, minimum $20, maximum $500, imprisonment 20 days to 150 days, or both. SENATE BILL No. 1449 INTRODUCED BY SENATOR HANS, (By request,) February 3, 1913. Referred to Committee on Fish and Game. AN ACT To Amend Section Six Hundred and Twenty-eight d of the Penal Code of the State of California. The people of the State of California do enact as follows: 1 Section 1. Section six hundred and twenty-eight d of the 2 Penal Code of the State of California is hereby amended to 3 read as follows: 4 628d Every person found guilty of violation of the provi- 5 sions of sections six hundred and twenty-eight, six hundred 6 and twenty-eight a, six hundred and twenty-eight b, six hun- 7 dred and twenty-eight c, six hundred and twenty-eight e, and 8 six hundred and twenty-eight f shall be punished by a fine not 9 less than twenty dollars nor more than five hundred dollars 10 or by imprisonment in the county jail in the county in which 11 the conviction is had not less than twenty days nor more than 12 one hundred fifty days, or by both such fine and imprisonment. 13 All fines or forfeitures imposed and collected for any violation 14 of any of the provisions of said sections must be paid into the 15 state treasury to the credit of the fish and game preservation 16 fund. (138) IDENTICAL WITH ASSEMBLY BILL NO. 1432. This section relates to doves, fixing seasons in the various districts. SENATE BILL No. 1450 INTEODUCED BY SENATOE HANS, (By request,) February 3, 1913. Eeferred to Committee ox Fish and Game. AN ACT To Amend Section Six Hundred Twenty-six a of the Penal Code, Eelating to the Protection oe Doves. The people of the State of California do enact as follows: 1 Section 1. Section six hundred twenty-six a of the Penal 2 Code of the State of California is hereby amended to read as 3 follows : 4 626a. Every person who hunts, takes, kills, pursues, de- 5 stroys, or has in his possession, any dove, except as hereinafter 6 provided, is guilty of a misdemeanor; provided, that in game 7 districts numbers one and three, every person who between the 8 first day of October and the fifteenth day of July of the year 9 following inclusive, hunts, takes, kills, pursues, destroys, or 10 has in his possession, any dove, is guilty of a misdemeanor; 11 provided, further, that in game district number two of the 12 State o"f California, every person who between the sixteenth 13 day of October and the thirty-first day of August of the year 14 following inclusive, hunts, takes, kills, pursues, destroys, or 15 has in his possession, any dove, is guilty of a misdemeanor; 16 provided, further, that in game district number four of the (139) 1 State of California, every person who between the sixteenth 2 day of October and the fifteenth day of August of the year 3 following inclusive, hunts, takes, kills, pursues, destroys, or has 4 in his possession, any dove, is guilty of a misdemeanor; pro- 5 vided, further, that in game district number six of the State 6 of California every person who between the first day of Octo- 7 ber and the fifteenth day of August of the year following inclu- 8 sive, hunts, takes, kills, pursues, destroys, or has in his pos- 9 session, any dove, is guilty of a misdemeanor ; provided, further, 10 that in game district number five of the State of California 11 every person who hunts, takes, kills, pursues, destroys, or has 12 in his possession, any dove is guilty of a misdemeanor. (140) IDENTICAL WITH ASSEMBLY BILL NO. 1458. This proposed law relates to the sale of game birds and animals. Prohibits sale of duck, quail, dove, snipe, deer meat, etc. SENATE BILL No. 1451 INTRODUCED BY SENATOR HANS, (By request,) ■ February 3, 1913. Referred to Committee on Fish and Game. AN ACT To Amend Section Six Hundred Twenty-six 7c of the Penal Code, Relating to the Protection of Fish and Game. The people of the State of California do enact as follows: 1 Section 1. Section six hundred twenty-six k of the Penal 2 Code of the State of California is hereby amended to read as 3 follows : 4 626&. Every person who buys, sells, offers, or exposes for 5 sale, barter or trade" any quail, wild duck, partridge, dove, 6 pheasant, grouse, sage hen, rail, ibis, plover, or any snipe, or 7 other shore bird (Limicolce) , meadow lark, blackbird, or robin, 8 or any deer meat, whether taken or killed in the State of Cali- 9 fornia or shipped into the state from any other state, territory 10 or foreign country is guilty of a misdemeanor. (141) IDENTICAL WITH ASSEMBLY BILL NO. 1459. This bill proposes to protect the spawning grounds of the sea fish about Santa Catalina Island by closing the waters thereof to all commercial fishery. SENATE BILL No. 1452 INTBODUCED BY SENATOB HANS, (By request,) February 3, 1913. Beferred to Commitee on Fish and Game. AN ACT To Add a New Section to the Penal Code of the State of Cali- fornia to be Numbered Six Hundred Thirty-four and One Half, Eelating to the Protection of Fish. The people of the State of California do enact as follows: 1 Section 1. A new section is hereby added to the Penal 2 Code of the State of California to be numbered six hundred 3 thirty-four and one half and to read as follows: 4 634J. Every person who takes, catches, or kills any fish 5 except with hook and line in the manner commonly known as 6 angling within three miles of shore line of Santa Catalina 7 Island, is guilty of a misdemeanor. Every person found 8 guilty of any of the. provisions of this section must be fined 9 not less than twenty dollars nor more than five hundred dol- 10 lars, or be imprisoned in the county jail of the county in 11 which the conviction shall be had, not less than ten days nor 12 more than one hundred and fifty days, or be punished by 13 both such fine and imprisonment; and all fines or forfeitures 14 imposed and collected for any violation of any of the pro- (142) 1 visions of this section must be paid into the state treasury to 2 the credit of the fish and game preservation fund. Nothing 3 in this section prohibits the United States fish commission and 4 the fish and game commission of this state from taking at all 5 times such fish and in such manner as they deem necessary 6 for purposes of propagation or for scientific purposes. (143) IDENTICAL WITH ASSEMBLY BILL NO. 1460. This bill fixes a minimum size limit of twelve inches and a daily limit of 100, forbidding sale of clam meat not in shell. SENATE BILL No. 1453 INTRODUCED BY SENATOB HANS, (By request,) February 3, 1913. Eeferred to Committee ox Fish and Game. an ACT To Amend Section Six Hundred Twenty-eight / of the Penal Code, Eelating to the Protection of Pismo Clams. The people of the State of California do enact as follows: 1 Section 1. Section six hundred twenty-eight f of the 2 Penal Code of the State of California is hereby amended to 3 read as follows: 4 628/. Every person who takes, gathers, catches, or has in 5 his possession, any clam, known as the Pismo clam (Tivela 6 siultorum), which shall measure less than twelve inches 7 around the outer edge of the shell; or who, during any one 8 calendar day, takes, gathers, catches, or has in his possession, 9 or control, more than one hundred of said clams; or who 10 shall, at any time, sell or offer for sale any Pismo clam meat 11 not in the shell of such Pismo clam; or who shall bring to 12 shore any Pismo clam in such condition that the size of such 13 Pismo clam cannot be measured, shall be guilty of a misde- 14 meanor. (144) IDENTICAL. WITH ASSEMBLY BILL NO. 1462. This bill changes the night shooting law from half an hour before and after sunset to sunrise and sunset for all game, and fixes the time for fishing for trout, whitefish, or black bass, from an hour before sunrise to an hour after sunset (this is 626m). Also forbids the use of any animal as a blind (626n). Forbids shooting from a power boat, or automobile, or other vehicle (626o), and regulates use of artificial decoys (626p). SENATE BILL No. 1454 INTKODUCED BY SENATOK HANS, (By request,) February 3, 1913. Eeferred to Committee on Fish and Game. AN ACT To Amend Sections Six Hundred and Twenty-six m, Six Hundred and Twenty-six n, and Six Hundred and Twenty-six o, and to Add a New Section to the Penal Code of the State of California to be Numbered Six Hundred and Twenty-six p, Eelating to the Protection of Fish and Game. The people of the State of California do enact as follows: 1 Section 1. Section six hundred and twenty-six m of the 2 Penal Code of the State of California is hereby amended to 3 read as follows: 4 626m. Every person who at any time between sunset of 5 any one day and before sunrise of the following day hunts, 6 pursues, takes, catches, kills, or destroys any of the game birds 7 or animals of this state, or who between one hour after sunset 8 of any one day and one hour before sunrise of the following 9 day takes, catches, kills, or destroys any trout, white-fish or 10 black bass is guilty of a misdemeanor. (145) 10—3873 1 Sec. 2. Section six hundred and twenty-six n of the Penal 2 Code of the State of California is hereby amended to read as 3 follows: 4 626n. Every person who at any time shall nse any animal 5 as a blind or use such animal for the purpose of approaching 6 ?ny wild bird or animal of this state or who at any time takes, 7 kills or has in his possession any wild bird or animal taken by 8 any such methods, is guilty of a misdemeanor ; provided, how- 9 ever, that nothing herein contained shall prevent the use of 10 dogs in hunting or approaching such wild birds or animals. 11 Sec. 3. Section six hundred and twenty-six o of the Penal 12 Code of the State of California is hereby amended to read as 13 follows : 14 626e>. Every person who in the State of California, shoots 15 at any kind of wild bird or animal from any power boat or 16 boat drawn by any power boat, or from any automobile or 17 other vehicle, is guilty of a misdemeanor. 18 Sec. 4. A new section is hereby added to the Penal Code 19 of the State of California, to be numbered six hundred and 20 twenty-six p and to read as follows: 21 626p. Every person who places any artificial decoys in or 22 upon any of the public waters of this state earlier than one 23 hour before sunrise of any day or permits such decoys to 24 remain in or upon such waters later than one hour after sunset 25 is guilty of a misdemeanor. (146) IDENTICAL WITH ASSEMBLY BILL NO. 1461. Providing for an appropriation of $5,000 for an investigation of the relation of birds to agriculture and spreading of information thus gained during the sixty-fifth and sixty-sixth fiscal years. SENATE BILL No. 1455 INTRODUCED BY SENATOR HANS, (By request,) February 3, 1913. Referred to Committee on Fish and Game. an ACT Providing for an Appropriation for Investigation in Economic Ornithology and for the Dissemination of Information Gained Thereby, for the Sixty-fifth and Sixty-sixth Fiscal Years. The people of the State of California do enact as follows: 1 Section 1. There is hereby appropriated out of any money 2 in the state treasury not otherwise appropriated, the sum of 3 five thousand dollars, to be expended by the board of fish and 4 game commissioners for investigation in economic ornithology 5 and for the dissemination of information gained thereby for 6 the sixty-fifth and sixty-sixth fiscal years. 7 Sec. 2. The state controller is hereby directed to draw his 8 warrant in favor of the board of fish and game commissioners 9 for the money herein appropriated, and the state treasurer is 10 hereby directed to pay said warrants. (147) Permits use of trammel nets, mesh not smaller than eight inches, in Pacific Ocean. SENATE BILL No. 1470 INTRODUCED BY SENATOR ANDERSON, February 3, 1913. Referred to Committee on Fish and Game. an act To Add a New Section to the Penal Code of the State of Cali- fornia, to be Numbered Section Six Hundred Thirty-five and One-half a, to Permit the Use of Trammel Nets. The people of the State of California do enact as follows: 1 Section 1. A new section is hereby added to the Penal 2 Code of the State of California, to be numbered six hundred . 3 thirty-five and one half a, to read as follows : 4 635Ja. It shall be permissable for trammel nets to be used 5 in the catching of fish in the open waters of the Pacific ocean ; 6 provided, that a smaller mesh than eight inches be not used. (148) Makes it lawful to fish with seines for smelt in the Pacific Ocean in the sixth district. This cuts out the previous prohibition against the use of mesh and trammel nets. SENATE BILL No. 1471 INTRODUCED BY SENATOR ANDERSON, February 3, 1913. Referred to Committee on Fish and Game. an act To Amend Section Six Hundred Thirty-five and One Half of the Penal Code of the State of California, Relating to the Fishing for Smelt or Bait with Seines in the Sixth District. The people of the State of California do enact as follows: 1 Section 1. Section six hundred and thirty-five and one half 2 of the Penal Code of the State of California is hereby amended 3 to read as follows: 4 635J. It shall be lawful to fish with seines for smelt or bait 5 in the open waters of the Pacific ocean in the sixth district; 6 provided, that all surf fish caught with the smelt or bait shall 7 immediately be returned to the water. (149) New. Prohibits the use of lompara, paranzella, trawl or drag nets. SENATE BILL No. 1472 INTRODUCED BY SENATOR ANDERSON, February 3, 1913. Referred to Committee on Fish and Game. AN ACT To Add a New Section to the Penal Code of the State of Cali- fornia, to Be Numbered Six Hundred and Thirty-six and One Half, to Prevent the Use or Possession of Lompara Nets, Paranzella Nets, Trawl or Drag Nets, and Provid- ing the Penalty Therefor. The people of the State of California do enact as follows: 1 Section 1. A new section is hereby added to the Penal 2 Code of the State of California, to be numbered six hundred 3 and thirty-six and one half, and to read as follows: 4 636J. Every person who shall cast, extend, set, draw, use 5 or continue, or have in his possession, any lompara net or any 6 paranzella net, or trawl or drag net, for catching fish, shell- 7 fish, shrimp, or crabs, in the waters of this state, is guilty of a 8 misdemeanor, and is punishable by a fine of not less than two 9 hundred and fifty dollars, or by imprisonment in the county jail 10 in the county in which the conviction shall be had, not less than 11 one hundred and twenty-five days, or by both such fine and im- 12 prisonment ; and all fines imposed and collected for any violation 13 of any of the provisions of this section shall be paid into the 14 fish and game preservation fund. (150) Section 626. Changes closed season on quail in district six. Makes it first of October to first of September. Section 626a. Changes closed season on doves in district six. Makes it first of October to first of August. Section 626d. Reduces bag limit on ducks to 15 a day or 30 per week; reduces bag limit on quail to 15 per day; takes limit off of cottontails. Section 626f. Changes closed season on deer in district six. SENATE BILL No. 1634 INTEODUCED BY SENATOE THOMPSON, Febbuaby 4, 1913. Eefebbed to Committee on Fish and Game. AN ACT To Amend Sections 626, 626a, 626d, and 626/ of the Penal Code of the State of Califobnia, Eelating to the Pbotection of Fish and Game. The people of the State of California do enact as follows: 1 Section 1. Section 626 of the Penal Code of the State of 2 California is hereby amended to read as follows: 3 626. Every person who, between the first day of March and 4 the fifteenth day of October of any year, hunts, pursues, takes, 5 kills, or destroys, or has in his possession any kind of wild 6 duck, ibis, or other shore bird (Limicolce), or who, between the 7 thirtieth day of April and the fifteenth day of November of 8 any year, hunts, pursues, takes, kills, or destroys, or has in 9 his possession any Wilson snipe, plover or curlew; or who, be- 10 tween the fifteenth day of February and the fifteenth day of 11 October of any year, hunts, pursues, takes, kills, or destroys or 12 has in his possession any desert or valley quail; or who, be- 13 tween the first day of December and the first day of Septem- 14 ber of the following year, hunts, pursues, takes, kills, or de- (151) 1 stroys, or has in his possession any mountain quail, grouse, 2 or sage-hen ; or who, between the first day of February and 3 the thirty-first day of July of any year, hunts, takes, kills, or 4 has in his possession any cottontail rabbit, or bush rabbit; or 5 who, at any time prior to the first day of November, 1912, 6 hunts, takes, kills, or has in his possession any rail, or who 7 thereafter between the first day of December of any year and 8 the first day of November of the following year, hunts, takes, 9 kills, or has in his possession any rail is guilty of a misde- 10 meanor, except as hereinafter provided ; provided, that in game 11 districts Nos. 1 and 6 of the State of California every person 12 who, between the first day of March and the first day of 13 October of any year, hunts, takes, kills, or destroys, or has 14 in his possession any kind of wild duck, ibis or other shore 15 bird (Limicolce), or who in game district 6, between the first 16 day of October of any year and the first day of September of 17 the following year, hunts, takes, kills, or destroys or has in 18 his possession any desert or valley quail is guilty of a 19 misdemeanor. 20 Sec. 2. Section 626a of the Penal Code of the State of 21 California is hereby amended to read as follows: 22 626a. Every person who, between the first day of October 23 and the fifteenth day of July of the following year, hunts, 24 takes, kills, pursues or destroys or has in his possession any dove is guilty of a misdemeanor, except as hereinafter pro- vided; provided, that in game district No. 4 of the State of 27 California every person who, between the first day of Novem- 28 ber and the first day of September of the following year, hunts, 29 takes, kills, or pursues or destroys or has in his possession 30 any dove is guilty of a misdemeanor; provided, further, that 31 every person in game districts Nos. 2, 5 and 6 of the State of 32 California who, between the first day of October, and the r rst 33 day of August of the following year, hunts, takes, kilK ntir- 34 sues or destroys or has in his possession any dove is m^lty f 35 a misdemeanor. 36 Sec. 3. Section 626cZ of the Penal Code of the ° 3f 37 California is hereby amended to read as follows: (152) 25 26 1 626tZ. Every person who, during any one calendar day, 2 takes, kills, or destroys or has in his possession more than fif- 3 teen wild ducks, or black sea brant, or more than fifteen 4 desert or valley quail, snipe, curlew, ibis, plover, rail, or any 5 other shore birds (Limicolce) , or more than twenty doves, or 6 more than ten mountain quail, or more than four grouse, or 7 more than four sage-hens, is guilty of a misdemeanor; pro- 8 vided, also, that any person who between sunrise of one Sunday 9 and sunrise of the following Sunday, takes, kills, or destroys 10 more than thirty ducks, or black sea brant is guilty of a 11 misdemeanor. 12 Sec. 4. Section 626/ of the Penal Code of the State of 13 California is hereby amended to read as follows: 14 626/. Every person who between the first day of Novem- 15 ber and the fifteenth day of August of the following year 16 hunts, pursues, takes or destroys, or has in his possession, 17 whether taken or killed in the State of California, or shipped 18 into the state from any other state, or territory, or foreign 19 country any male deer, or any deer meat, is guilty of a misde- 20 meanor, except as hereinafter provided; provided, that every 21 person in game districts Nos. 2, 4, 5, and 6 of the State of 22 California who, between the first day of September and the 23 first day of July of the following year, hunts, pursues, takes, 24 or destroys, or has in his possession, whether taken or killed 25 in the State of California, or shipped into the state from any 26 other state, territory, or foreign country, any male deer, or 27 any deer meat, is guilty of a misdemeanor. (153) Changes closed season on steelhead trout. Makes it from November to March. Shortens it one month. SENATE BILL No. 1635 INTRODUCED BY SENATOR THOMPSON, Febeuary 4, 1913. Referred to Committee on Fish and Game. AN ACT To Amend Section 632^ of the Penal Code of the State of Cali- fornia, Relating to the Protection and Preservation of Fish. The people of the State of California do enact as follows: 1 Section 1. Section 632J of the Penal Code of the State of 2 California is hereby amended to read as follows : 3 632^. Every person who between the first day of November 4 and the first day of March of the year following, takes, catches, 5 kills, destroys or has in his possession, any steelhead trout taken 6 above tide water; every person who, between the first day of 7 March and the first day of November of the same year, takes, 8 catches, kills, destroys or has in his possession, any steelhead 9 trout, taken above tide water, which have been taken, caught or 10 killed except with hook and line ; every person who between the 11 first day of February and the twenty-third day of October of 12 the same year, buys, sells, offers or exposes for sale, any steel- 13 head trout ; every person who at any time, takes, catches, kills, 14 destroys or has in his possession any steelhead trout taken in 15 tide waters, which have been taken, caught or killed except with 16 hook and line, is guilty of a misdemeanor ; provided, that it shall 17 be lawful to take, catch, kill and have in possession any steel- (154) 1 head trout taken in tide water, with gill nets, the meshes of 2 which are, when drawn closely together and measured inside the 3 knot, six and one half or more inches in length, between the 4 twenty- third day of October and the first day of February of 5 the year following. Nothing herein shall apply to domestically 6 reared steelhead trout. Every person found guilty of any vio- 7 lation of any of the provisions of this section must be fined in a 8 sum not less than twenty ($20) dollars, or be imprisoned in the 9 county jail in the county in which the conviction shall be had, 10 not less than ten (10) days, or by both such fine and imprison- 11 ment. and all fines collected for any violation of any of the pro- 12 visions of this section must be paid into the state treasury to the 13 credit of the fish and game preservation fund. Nothing in this 14 section prohibits the United States fish commission and the 15 board of fish and game commissioners of this state from taking 16 at all times such trout as they deem necessary for the purpose 17 of propagation or for scientific purposes. (1-35) SENATE COMMITTEE ON FISH AND GAME. GEO. J. HANS, Chairman. JOHN N. ANDERSON. D. J. BEBAN. E. S. BIRDSALL. A. H. BREED. WM. E. BROWN. E. F. BRYANT. A. CAMINETTI. A. E. CAMPBELL. . THOS. F. FINN. WILLIAM R. FLINT. FRED C. GERDES. HERBERT C. JONES. HENRY H. LYON. D. P. REGAN. J. B. SANFORD. ED. K. STROBRIDGE. Meets in Room 108, State Capitol, Sacramento. (156) RETURN Government Documents Department TO— -► 350 Main Library 642-2568 LOAN PERIOD 1 2 3 4 5 5 ALL BOOKS MAY BE RECALLED AFTER 7 DAYS .QUE AS STAMPED BELOW I-LB28 198/ KECD in FEE 20 bo/ DOCS Deri. . UNIVERSITY OF CALIFORNIA, BERKELEY FORM NO. DD7. 68m. 1/82 BERKELEY, CA 94720 GENERAL LIBRARY • U.C. BERKELEY BQ0D3088M2