The morning call., 1892-01-12
SALMON Or TROUT.
Anglers Who We're Arrested on
Paper.MilI Creek.
Catching Alleged Trout Above Tidal Waters
With Rod and Line-Who Is the Authority
ON Pacific Coast Fishes!

sioners received at GuerneVlle last week.
did not deter Thomas Tunstead, Chief of
the Fish Patrol, from making visit on
Sunday TO Paper-mill Greek, at which place
it was rumOred that illegal fishing has been
carried on for some time with mpunity.
At an early hour Sunday morning Tun-
stead and the champion "buil-puncher" of
Marin County, Jack Cameron, dressed in
their best hunting suits, stole away from
Point Reyes and meandered leisurely along
Olema Creek in the hope of detecting some
of the gentry who ''aGgle" with spear and
giant powder at work.
The ''quiet tip" that a Deputy Fish Com
missioner was about. passed along the line,
so to speak, and the spearmen quickly be-
came conspicuous by their absence. From
the town OF Olema the officer and his
friend, the puncher. drove to local oma
station. which is situated in close proximity
to Paper-mill Creek, and about five miles
above tidal waters.
A FISHERMAN CAUGHT.
The county road from Tocaloma to
Point Reyes runs close to the banks Of the
creek, and the deputy kept close eye on
the large pools, where the steelhead trout
or salmon-as the question OF which Is
which is still in doubt-are now plentiful.
this being the breedingl time of these gamy
fish.
As previously stated, the spear and giant
powder fishermen were forearmed by haV-
ing been forewarned of danger that was
lurking in their midst, and of course they
gave the creek the slip for that day.
The angling fraternity, who use the rod
and line as a means of capturing the dent-
ZenS OF the streams, did not happen TO be,
however, as fortunate as the native spear
men, and while in the act of angling for
what they believed to be salmon, Deputy
Tunstead hove in sight. and caught one of
the boys in the act Of landing fish. The
unfortunate disciple was arrested and es-
corted to San Rafael, where he will be given
hearing to-day.
STILL ANOTHER.
1t was reported yesterday that another
member OF the party, whom il is claimed
had tisned above the tide-water mark, and
who is well known to all local anglers and
duck hunters, was arrested yesterday and
escorted to San Rafael, where he will be
given an opportunity of addressing the
Court on question which is now pulling
the minds Of all Pacific Coast anglers, viz:
whether the fish which inhabit PapeT-mill
Greek are trout or salmon.
Professor Jordan, the scientist, OF the
Stanford University, who is one of the ac-
knOwledgcd ichthyologists of this country.
states that from q scientific point of view
there are no salmon on this Coast; that all
the fishes OF the salmon variety which ascend
the streams and rivers of California for the
purpose Of reproducing their species are
SalmO Gardiner, which means large river
trout
COME UNDER THE RULE.
According to the professors statement 1t
is as unlawful for professional net fisher
men to catch the fishes of the Sacramento.
Russian and Eel rivers, which they forward
to the San Francisco markets under the
name OF salmon, as 1t is for anglers or net
fishermen to catch the same varieties in the
Paper-mill Creek or any OF the many other
streams which empty into the bays or ocean.
As the matter stands at present the ques-
tons to be pr0DOunded are: What are these
fish? Are they salmon or trout? If the
former the law cannot punish any man tor
fishing above tidal waters with net or rod
and line. so long as the ARTISTS" conform to
rules laid down by the codes which govern
these matters. If the latter, the law says
that every person who takes, catches, or
kills, or exposes for sale, or has in his pos
session any Speckled trout brook or salmon
trout, or any variety of trout between the
first day Of November and the first day Of
April in the folio wing year, except salmon
trout Salmon GairdnerD taken with rod and
line in tide-water, is guilty of misde-
mean0r."
THE LATEST QUESTION.
According to what has already been
stated the next question Of Importance is:
Whom Will the judges who try the eases OF
alleged offenders of the fish laws accept as
authority upon which TO base their opinions,
30 as to render a decision satisfactory to the
people OF the State and those who are di-
recty interested in the subject? If they
accept Professor Jordan as their authority,
who, from a scientific view, has no superior
on this Coast, then the net fishermen who
ply their vocation on the Sacramento,
Russian, Eel and other large rivers of this
Coast are liable to arrest and punishment
for illegal fshlng-that is, catching salmon
trout, or as otherwise known as largo sea
trout, above tidal waters. The judges who
try these cases in the country towns
are with few exceptions totally different
in opinion as to the fish and game laws.
Some believe with the resident that fish and
game are all mems property ana may be
killed at all times of the year with impunity.
1t will puzzle the best Of them, however. TO
decide the question of what is trout and
what Is salmon, taking as subject for ar
gument the fishes of the salmon variety that
frequent the many streams and rivers Of
this Coast during the winter season.