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The Pamphlet Collection of Sir Robert Stout: Volume 47

Protection to Game and Furbearing Animals

Protection to Game and Furbearing Animals.

Chap. 18.—Repeals the previous Act and provides the following close seasons:—For Deer, Elk, Moose, Reindeer or Cariboo, 15th December to the next 15th September. Wild Turkeys, Grouse, Pheasants, Prairie Fowl and Partridge, 1st February to 1st October. Quail, 1st January to 1st October. Woodcock, 1st January to 1st August. Snipe, 1st May to 15th August. Mallard, Grey Duck, Black Duck, Wood or Summer Duck, and all kinds known as Teal, 1st January to 1st September; other Ducks and wild Swans or Geese, 1st May to 1st September. Hares or Rabbits, 1st March to 1st September. They may be exposed for sale one month after the close season begins and may be in possession of any one for use at any time, but in these cases the onus of proof of lawful killing lies upon the possessor: all other possession is punishable as unlawful killing. No eggs of any of the above birds may be taken, destroyed or had in possession by any one at any time. None of the above birds or animals may be trapped, snared or taken by baited lines or similar contrivances, nor can any such contrivance be set for them, but may be destroyed wherever found set. No batteries, sunken punts, sunken boats or night lights shall be used in taking Geese or Ducks, nor may Ducks be killed at night i. e. from dusk to daylight.

For Beaver, Muskrat, Mink, Sable, Marten, Racoon, Otter, or Fisher, the close season is from 1st May to 1st November, and traps, snares, gins, &c., set for them during that period may be destroyed. No Muskrat house is to be destroyed at any time. But the Act does not apply to per- page 91 sons destroying these animals for the protection of their property.

Penalties, recoverable summarily before a J. P. are:—For Deer, Elk, Moose, or Cariboo, $10 to $50 for each animal. Birds or eggs $5 to $25 for each bird or egg. The same for each fur-bearing animal: also, for other breaches of the Act the same penalty. All the penalty is to be paid to the prosecutor unless the J. P. has reason to believe that he is in collusion with the offenders, then to be disposed of as other fines. Confiscation follows conviction,—the game to be given to a charitable institution. Whoever at any time hunts or kills Imported game or game reared from that imported without the consent of the owner of the lands where kept, incurs the above penalty. And it is unlawful to use poison for killing any of the birds or animals mentioned, or to expose poisons or poisoned substances where dogs or cattle may have access to them. Killing Doer, Elk, Moose, Reindeer, or Cariboo, for export out of Ontario is unlawful, and the onus of proof that exportation is not intended lies on the person killing. It is also an offence under the Act to allow dogs trained or accustomed to hunt Deer to run at large during the close season, if they are accustomed or likely to resort to the woods unaccompanied. Any person harbouring such; dogs is liable to the penalty as the owner.