Yes, it is coldly and incontestably true, that even after such winter slaughter as Mr. Webber has reported above, the very next season will find the quail hunter joyously taking the field, his face beaming with health and good living, to hunt down and shoot to death as many as possible of the pitiful 25 per cent remnant that managed to survive the pitiless winter. How many quail hunters, think you, ever stayed their hands because of "a hard winter on the quail?" I warrant not one out of every hundred! How many states in this Union ever put on a close season because of a hard winter? I'll warrant that not one ever did; and I think there is only one state whose game commissioners have the power to act in that way without recourse to the legislature. This situation is intolerable.
Thanks to the splendid codified game laws enacted in New York state in 1912, our Conservation Commission can declare a close season in any locality, for any length of time, when the state of the game demands an emergency measure. This act is as follows; and it is a model law, which every other state should speedily enact:
THE NEW YORK CLOSE-SEASON LAW.
152. Petition for additional protection; notice of hearings; power to grant additional protection; notice of prohibition or regulation; penalties.
1. Petition for additional protection. Any citizen of the state may file with the commission a petition in writing requesting it to give any species of fish, other than migratory food fish of the sea, or game protected by law, additional or other protection than that afforded by the provisions of this article. Such petition shall state the grounds upon which such protection is considered necessary, and shall be signed by the petitioner with his address.
2. Notice of hearings. The commission shall hold a public hearing in the locality or county to be affected upon the allegations of such petition within twenty days from the filing thereof. At least ten days prior to such hearing notice thereof, stating the time and place at which such hearing shall be held, shall be advertised in a newspaper published in the county to be affected by such additional or other protection. Such notice shall state the name and the address of the petitioner, together with a brief statement of the grounds upon which such application is made, and a copy thereof shall be mailed to the petitioner at the address given in such petition at least ten days before such hearing.
3. Power to grant additional protection. If upon such hearing the commission shall determine that such species of fish or game, by reason of disease, danger of extermination, or from any other cause or reason, requires such additional or other protection, in any locality or throughout the state, the commission shall have power to prohibit or regulate, during the open season therefor, the taking of such species of fish or game. Such prohibition or regulation may be made general throughout the state or confined to a particular part or district thereof.
4. Notice of prohibition or regulation. Any order made by the commission under the provisions of this section shall be signed by it, and entered in its minute book. At least thirty days before such prohibition or regulation shall take effect, copies of the same shall be filed in the office of the clerk issuing hunting and trapping licenses for the district to which the prohibition or regulation applies. It shall be the duty of said clerks to issue a copy of said prohibition or regulation to each person to whom a hunting or trapping license is issued by them; to mail a copy of such prohibition or regulation to each holder of a hunting and trapping license theretofore issued by them and at that time in effect, and to post a copy thereof in a conspicuous place in their office. At least thirty days before such prohibition or regulation shall take effect the commission shall cause a notice thereof to be advertised in a newspaper published in the county wherein such prohibition or regulation shall take effect.