East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-06-29

Through the changes made by the
last legislature in the fish and game
laws of the state some peculiar sit
uations have developed, and the ef-
feet will be bad from a game protec-
ton standpoint. 1t has just been dis
covered that the law regarding trout
fishing has been repealed excepting
as it applies to the Umpqua river,
and as a result the life Of a fish In
any other stream will no longer be
safe at any period of the year.
The following is the section of the
law as it now stands: ~
Law Reads as Follows.
"It shall be unlawful for any per-
son to take, catch, kill or have in
possession any trout except salmon
trout, during the months of Decem--
ber, January and February of any
year taken from the waters of the
Umpqua river or its tributaries, or at
any time to take, catch, kill, or have
in possession any trout, char or SAL
mon less than five inches in length,
or to take, catch or kill the same by
any means whatever except with
hook and line, commonly called ang-
ling"
1t is held that the closed season
provision of this amendment of the
old law applies only to the Umpoua
river and its tributaries, leaving no
law whatever providing a closed sea-
son for trout fishing in any other
stream in the state. The bill was in
troduced by Representative Jackson
of Roseburg, and was passed without
change. The amendment is found on
page 50 of the 1907 session laws.
The old section, which was super
seeded by Jackson's bill and is no long
er in force, was:
How Old Law Reads.
Section 2034-It shall be unlaw-
full for any person to take, catch, kill
or have in possession any trout. ex-
cept salmon trout, during the months
of November, December, January.
February and March of any year, and
it shall be unlawful for any person to
take, catch or kill at any time in the
waters of this state any trout by any
means whatever except with hook and
line, and any person fishing with
hook and line, who, upon lifting the
same, shall find any trout, char or
salmon, less than five inches in length
caught or entangled thereon shall i'm
mediately, with care, and the least
possible injury to the fish, disentan-
gle and let loose the same, and trans
NIT the fish to the water without vio-
lence."
It is generally believed that 1t was
the intention merely to shorten the
closed season on the Umpqua from
five months to three months, and
leave all the other streams in the
state with a five months closed sea-
sen, but the effect was to give the
Umpqua a three months closed sea-
son, and other streams no closed sea-
son at all.
Tho law can not be remedied until
| the next legislature ccnvenes in 1909,
and many believe that by the time an
| amendment could be made effective
trout in Oregon streams would be
nearly all fished out.
Game Birds Season.
Considerable confusion has been
caused by a change that was also
made in the game bird law, and many
who have not investigated the matter
thoroughly are under the impression
that the grouse season will not open
until October 1 and close December
1. A law making that the season for
practically all game birds was passed
during the recent session. However
It does not apply to the section of the
state covered by section 2o21 of the
code, which is all of eastern Oregon
excepting Wasco county.
According to District Attorney
Phelps, the season for grouse in this
county and all others east of the Cas-