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UNIVERSITY OF
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01
L VI i
Trapping Licenses
Act 293 of 1914
An ACT
To levy an annual license on all persons trap¬
ping or catching fur-bearing animals for
the purpose of selling their skins or deal¬
ing in same, and granting to the Conser¬
vation Commission of Louisiana the right
to provide rules and regulations concern¬
ing the collection of said license, and to
provide penalties for the violations of this
Act.
Section 1. Be it enacted by the General As¬
sembly of the State of Louisiana, That each
and every person engaged in hunting, catch¬
ing or trapping wild fur animals in Louisiana
for the purpose of selling their skins, shall
pay on the first day of October of each year
before they begin to hunt, catch or trap said
fur-bearing animals, an annual license tax of
two dollars ($2.00) to the Conservation Com¬
mission of Louisiana; provided that all per¬
sons so hunting, catching or trapping fur¬
bearing animals not residents or citizens of
this State shall pay an annual license tax of
fifteen ($15.00) dollars.
Section 2. Be it further enacted, etc., That
the Conservation Commission, during the
month of June of each year and as often there-
4r
after as may be necessary, shall send to the
Tax Collector of each parish of the State a
book, or books, containing a regularly num¬
bered series of licenses provided for in this
Act. On the first day of each month each Tax
Collector shall make a return to the Treas¬
urer of the State in cash, accompanied by a
proper report of all licenses that shall have
been issued by him, less five per centum of
the sum collected, which latter amount is to
be deducted by the Tax Collector in full pay¬
ment of his services in issuing said licenses. At
the same time each Tax Collector shall for¬
ward to the Conservation Commission a dupli¬
cate of the report sent by him to the Treas¬
urer of the State. The Treasurer of the State
shall place the amount received by him under
the provision of this Act to the credit of the
Conservation Fund.
GENERAL GAME AND FISH LAW— ACT
204 OF 1912, AS AMENDED (SECTIONS
2, 5, 6, 7, 8, 9, 11, 13, 16, 18, 22, 33, 34, 35,
36, 37, 38, 45, 60, 63, AND 64) BY ACT 47
OF 1914.
Birds and Game — Sections 1 to 32.
Fresh Water Fish — Sections 33 to 58.
Diamond-Back Terrapins — Sections 59 to 63.
An ACT
To conserve the natural resources of the State
of Louisiana, including the natural wild
life on land and in the waters of the State,
and also, the soil, mineral and forestry re¬
sources of the State; to provide a code of
laws governing the conservation of the nat-
— 5—
ural resources of the State; to vest in the
State the title to all wild life of the State
and to provide in what manner such wild
life may be made subject to private own¬
ership ; to regulate the time when, the
manner in which and the number of va¬
rious species of wild life that may be
taken, and when they may not be taken;
to provide how much species of wild life
reduced to private ownership may be
shipped and transported within and with¬
out the State ; to define what shall be con¬
sidered to be game birds and game fish, to
prohibit the sale of game birds and certain
wild quadrupeds, and designate what game
birds may be sold; to prohibit the libera¬
tion in the State of imported game birds
without the consent of the Conservation
Commission; to provide for the establish¬
ing and regulation of game preserves of
propagating and resting places, and pro¬
hibiting trespassing or depredating there¬
on; to regulate the taking of fresh water
fish in the waters of the State and the ship¬
ment and the sale of such fish in this State ;
prohibiting the sale of all game fish; to
provide for the confiscation of unlawful
fishing devices; to provide for the propa¬
gation of fish and the establishing of fish
preserves; to prohibit the taking of fish
under certain circumstances; to prevent
the destruction of fish by certain means
and the polluting of the waters of the State
and the obstruction of the passage of fish ;
to regulate the taking and having in pos¬
session and sale of terrapin in the waters
of the State ; to regulate the taking of wild
— 6—
deer and other wild quadrupeds ; to estab¬
lish certain definitions and constructions
used in connection with this Act; and to
provide penalties therefor and to repeal
all laws in conflict herewith.
TITLE TO WILD LIFE AND FISH.
Section 1. Be it enacted by the General As¬
sembly of the State of Louisiana, That the own¬
ership and title to all fish, birds, and wild quad¬
rupeds found in the State of Louisiana, or in
the waters under the jurisdiction of the State
not held by private ownership legally acquired,
is hereby declared to be in the State ; no fish,
birds or wild quadrupeds shall be caught, taken
or killed in any manner or at any time or had
in possession except the persons so catching,
taking or killing or having the same in pos¬
session, shall consent that the title to such fish,
birds and wild quadrupeds shall be and remain
in the State of Louisiana for the purpose of
regulating and controlling the use and disposi¬
tion of the same after such catching, taking, or
killing, except that the title to such fish, birds
or wild quadrupeds legally taken shall vest in
the person so taking or possessing them, sub¬
ject to the restrictions and provisions of law.
HOURS IN WHICH GAME BIRDS MAY BE
KILLED.
Section 2. Be it further enacted, etc., That
no person at any time of the year shall pursue,
take, wound, or kill in any manner, number or
quantity any fish, birds, or wild quadrupeds
protected by law, or buy, sell, offer or expose
the same or any part thereof for sale, transport
— 7—
or have the same in possession except as per-*
mitted by law. All game birds, including water
^fowl protected by law, shall be taken only in
the daytime between the time of sunrise and of
sunset, and then only with a gun fired from the
shoulder without rest.
TRANSPORTATION OF GAME.
Section 3. Be it further enacted, etc., That
no common carrier or person in its employ
while engaged in such business of common car¬
rier shall transport any wild game protected
by law or any part thereof except as may be
permitted by law.
A person may transport within the State in
one day during the open season or cause to be
transported by another the number or limit of
game that he may lawfully take in one day
when such game is intended for sale, provided
that a person transporting or shipping game
shall produce a written declaration signed by
the hunter who killed the said game, setting
forth the number and species of birds killed,
the day on which they were killed and the
number of his hunting license ; and when trans¬
porting or shipping for another he must pro¬
duce a similar written declaration signed by
the hunter for whom he is making the ship¬
ment, these declarations to be made on forms
to be furnished by the Conservation Commis¬
sion without cost, and forms to be attached to
the package containing the shipment; Any
hunter failing to attach such form to his ship¬
ment or signing the name of another hunter to
any form, or making any false statement in his
declaration, shall be guilty of a misdemeanor.
-8—
If such game be placed in the custody of a
common carrier, and transported in any pack¬
age by the said company, any package contain¬
ing the same shall have affixed thereto a tag
plainly marked with the kind and number of
such game, the names of the consignors and
consignees, the initial point of billing and the
destination. A resident amateur hunter may
carry with him on any common carrier or ship
when properly tagged, which tag shall contain
his name and hunting license number, any
game that he may have lawfully taken on any
hunting trip ; but such game cannot be offered
for sale.
Wild game protected by law, if legally taken
by a non-resident, may be transported by him
from any point within the State to a point
out of the State, provided the same shall be
accompanied by the actual owner thereof, and
is not intended for sale.
Such wild game must be tagged and marked
as provided in this section, and no more of
any kind of wild game shall be transported than
the owner thereof may lawfully take in one
day.
Game raised in private preserves as provided
in this Act, when duly marked and tagged to
identify it as such, may be transported within
or out of the State, unaccompanied by the
owner thereof in any number or quantity.
Game for propagation purposes, the head,
hide, feet or fur of wild quadrupeds and the
plumage or skin of birds legally taken and pos¬
sessed may be transported within or without
the State, if the package containing the same
be properly marked to identify it as such.
— 9—
PROTECTION OF DEER.
Section 4. Be it further enacted, etc., That
the Conservation Commission shall be vested
with authority to fix the open season during
which wild deer other than fawns, may be
killed in the various parishes of the State.
The open season shall not exceed five months
and must include the months of November and
December, otherwise the Commission may vary
the open season to suit the conditions of the
several individual parishes. No deer shall be
killed for sale or offered or had in possession
for sale. A person may* take five such wild
deer in an open season and may possess two
(2) carcasses or parts thereof at any one time.
PROTECTION OF SQUIRRELS.
Section 5. Be it further enacted, etc., That
it shall be unlawful for any person to kill any
squirrels between the fifteenth day of Febru¬
ary and the first day of October, inclusive. A
person may kill fifteen (15) squirrels in any
one day. They must be bought and sold dur¬
ing the open season.
PROTECTION OF FUR-BEARING ANIMALS.
Section 6. Be it further enacted, etc., That
mink, otters, muskrats, raccoons, beavers,
skunks, fox and opossums may be taken in any
manner and bought and sold and possessed
from the first day of November to the fifteen
day of February, both inclusive; except that
muskrats may be killed at any time when
found within five (5) miles of any levee; and
provided further that the owner of any place
on which any of said animals are depredating
—10-
may kill them at any time; and, provided fur¬
ther that whenever in the opinion of the Con¬
servation Commission muskrats are causing or
might cause damage to cultivated or pastured
lands then and in that event the Conservation
Commission be and is hereby authorized to
permit the taking and snaring, trapping or
killing of such muskrats as in the opinion of
the Commission may be causing, or may cause,
damage to such cultivated or pastured lands
at any time. All skins of said animals killed
during the open season may be had in pos¬
session during the closed season.
Section 7. Be it further enacted, etc., That
rabbits and wild cats may be taken in any
manner and at any time, and may be possessed
and bought and sold.
PROTECTION OF GAME BIRDS.
Section 8. Be it further enacted, etc., That
the following only shall be considered game
birds: Wild geese, brant, wild sea and river
ducks, wood ducks, grosbecs, rails (mud hens),
coots (poule d’eau), gallinules, snipe, wood¬
cock, sandpipers (chorooks and papabotte), tat-
lers, curlews, plover, wild turkeys, imported
pheasants and partridges, grouse, prairie
chickens, quail, doves and red-winged black¬
birds.
CLOSED SEASON.
Section 9. Be it further enacted, etc., That
it shall be unlawful for any person to kill,
snare, trap, or in any w7ay take, capture, an¬
noy or destroy, any bird during the closed
season, which is hereby fixed as the period
—11—
from February 16th to November 1st in each
year. Red-winged blackbirds may be killed at '
any time. No wild ducks may be killed for the
purpose of being used for bait for traps, nor
shall any wild ducks be used for that purpose.
Any person found guilty of violating this pro¬
vision of this law shall be deemed guilty of a
misdemeanor and shall be punished as pro¬
vided for in this law.
SPECIAL CLOSED PERIOD ON CERTAIN
GAME BIRDS.
Section 10. Be it further enacted, etc., That
prairie chickens, kildeer, phesants (imported
or native), and wild turkey hens, shall not be
killed, or had in possession at any time until
December 1st, 1915, nor thereafter except from
November 1st to December 31st of any year.
BAG LIMIT ON GAME BIRDS.
Section 11. Be it further enacted, etc., That
it shall be unlawful for any person to kill or
destroy more than one wild turkey cock, or
twenty-five wild river and sea ducks, poule
d’eau, chorooks or doves, or fifty snipe or fif¬
teen of any other game birds in one day during
the open season named herein.
PROTECTION OF NESTS OF BIRDS.
Section 12. Be it further enacted, etc., That
it shall be unlawful for any person to take, de¬
stroy or attempt to take or destroy, the nests
or eggs of any of the birds protected by law,
unless it be done by order of the Conservation
Commission for purpose of re-stocking, breed¬
ing and propagating; provided, that no per-
12-
son shall invade or go upon private property
for the purpose of gathering eggs, even by
order of said Commission, when the owner or
beeper of such property objects thereto.
SALE OF GAME BIRDS IN CLOSED SEASON.
Section 13. Be it further enacted, etc., That
it shall be unlawful for any person, firm or
corporation to sell, offer for sale, or have in
possession any game bird or birds, dead or
alive, after the fifteenth day of February until
the first day of November in each year as well
as during the closed seasons fixed in this Act
except as otherwise permitted.
COLD STORAGE OF GAME.
Section 14. Be it further enacted, etc., That
it shall be unlawful for any person, firm or
corporation to sell, exchange, expose, offer for
sale or exchange, have in possession or keep
in cold storage, either for himself or others,
any game birds mentioned in this Act, during
the closed seasons noted herein, irrespective of
the time, when or place where such birds were
killed or captured, except as otherwise per¬
mitted. Provided, however, that any game on
hand at the close of the season may be offered
for sale and disposed of during the first five
days after the close of season.
OWNERSHIP OF BIRDS IN CONFINEMENT.
Section 15. Be it further enacted, etc., That
game birds and wild quadrupeds propagated
and maintained in confinement shall be the
property of the person so propagating and
maintaining them; provided, that they shall
—13—
not be sold during the close season for similar
wild birds.
KINDS OF GAME BIRDS THAT MAY BE SOLD.
Section 16. Be it further enacted, etc., That
it shall be unlawful for any person, firm or
corporation, to sell, offer for sale, or have in
possession for sale, any game birds protected
by law except wild sea and river ducks, coots
or poule d’eau, snipe, geese, brant and rail.
Wild sea and river ducks, coots or poule d’eau,
snipe, geese, brant and rail may be sold be¬
tween December 15 and February 15 of each
year. It shall be unlawful for any person, firm
or corporation, to sell, offer for sale or have
in possession for sale, any wild sea and river
ducks, coots or poule d’eau, snipe, geese, brant
and rail between the 15th day of February
and the 15th day of December of each year,
and any persons so offending shall be subject
to prosecution for violating the provisions of
this Act, and upon conviction shall suffer the
penalties provided by Section 65 of this Act.
The sale, possession or offering for sale of each
bird contrary to the provisions of this section
shall constitute a separate offense. Any birds
so sold, held in possession, or offered for sale
contrary to the provisions of this section shall
be confiscated by the Conservation Commission
of Louisiana.
IMPORTATION AND EXPORTATION OF GAME
BIRDS.
Section 17. Be it further enacted, etc., That
no wild game birds of any species from with¬
out the State shall be liberated within the
-14-
State, except upon written consent of the Con¬
servation Commission ; and no wild game birds
taken within the State shall be exported from
the State except as herein specially provided.
SETTING OF FIRES.
Section 18. Be it further enacted, etc., That
it shall be unlawful for any person during the
game breeding season, to-wit: from the 15th
day of February to the 1st day of November of
each year to set fire to any wild woodland,
marsh land or prairie land.
GAME AND FISH ON PRESERVES.
Section 19. Be it further enacted, etc., That
it shall be unlawful for any person to kill,
pursue, take, snare, have in possession, or in¬
jure by any means upon the land or water of
any game or fish preserve in any parish of the
State, whether enclosed or unenclosed, that may
be designated and set apart by the Conserva¬
tion Commission as game and fish propagating
and breeding grounds, any wild birds protect¬
ed at any time by law, except under regula¬
tions of the Conservation Commission.
The killing or having in possession of each
such protected game birds shall constitute a
separate offense.
HUNTING ON LANDS OF ANOTHER.
Section 20. Be it further enacted, etc., That
nothing in this Act shall be construed to give
the holder of a hunting license permission to
hunt on the cultivated or pasture lands of an¬
other person without the written consent of
said owner.
-15-
killing OF DESTRUCTIVE BIRDS AND
ANIMALS.
Section 21. Be it further enacted, etc., That
in the event that any species of birds or wild
quadrupeds protected by law shall at any time,
in any locality, become destructive of private or
public property, the Commission shall have
power, in its discretion, to direct any Conserv¬
ation Agent, or issue a permit to any citizen
of the State, to take such species of birds or
quadrupeds and dispose of them in such man¬
ner as the Commission may provide.
RIGHT TO ESTABLISH PROPAGATING
GROUNDS.
Section 22. Be it further enacted, etc., That
the Conservation Commission may establish,
operate and maintain a propagating ground or
nesting place on any or all State game pre¬
serves for the protection and propagation of
birds, fish or game, and the Commission may
distribute birds, fish and game at any point,
or points in this State, and may do whatever
may be necessary to carry this provision into
effect.
That a private propagating ground, or nest¬
ing place for the protection of birds, fish or
game may be established by a resident owner
or person by publishing once a week, for not
less than four weeks, in a newspaper printed
in the parish or nearest place where such land
or lands and water are situated, a notice sub¬
stantially describing the same, and stating that
it will be used as a private propagating ground,
and resting place to propagate and protect fish,
birds or game for the owner’s use. Part of a
-16-
lake or pond may be laid out in a private park
if all riparian owners, including owners of the
bed thereof, consent thereto in writing. If the
State of Louisiana be such owner such consent
may be given by the Commission. But waters
stocked with fish by the State with the con¬
sent of the owner at any time shall not be laid
out in any such park. If waters or lands are
hereafter stocked by the State with fish or
game, with the consent or knowledge of the
owner, the provisions of this section shall no
longer apply thereto. An owner having so es¬
tablished such a private propagating ground
cannot hunt thereon.
POSTING OF GAME PRESERVES.
Section 23. Be it further enacted, etc., That
notices or sign boards, not less than one foot
square, warning all persons against hunting
or fishing or trespassing thereon, for that pur¬
pose, shall be conspicuously posted and main¬
tained on such private propagating grounds or
resting place os follows :
Not more than forty (40) rods apart along
the entire boundary thereof, if it consist of a
lake or pond only, in at least four conspicuous
places on or near the shores thereof ; if it con¬
sists of a stream only, not more than one-half
mile apart, on the banks thereof. If such prop¬
agating grounds or resting place be fenced,
upon part or whole of the outer boundary
thereof, notices shall be placed on or near the
fence, not more than forty (40) rods apart-
It shall be considered due service of notice for
trespass upon any person or person by serving
them personally in the name of the owner or
owners of such private propagating grounds or
—17—
resting places with a written notice containing
a brief description of the premises, warning all '
persons against hunting or fishing, or trespass¬
ing thereon.
Section 24. Be it further enacted, etc., That
a resident owner or person having the exclus¬
ive right to hunt or fish upon enclosed or cul¬
tivated lands, or to take fish in a pond or
stream and desiring to protect same, shall
maintain such notices or sign-boards, as are de¬
scribed in the preceding section, and one sign
at each comer thereof ; or if waters only, upon
or near the shores thereof, in at least two con¬
spicuous places, or may personally serve a
written notice in the name of such owner or
person containing a brief description of the
premises, warning all persons against hunting
or fishing or trespassing thereon for that pur¬
pose.
Section 25. Be it further enacted, etc., That
upon written application of the Commission,
accompanied by one dollar ($1.00) for every
ten notices, or part of ten notices applied for,
printed notices may be furnished by the Com¬
mission.
Section 26. Be it further enacted, etc., That
no person shall take or disturb fish, birds or
game, in any private park or private lands, or
trespass thereon, for that purpose, after notice
as prescribed herein.
Section 27. Be it further enacted, etc., That
a person who injures, defaces or removes a no¬
tice or signboard, placed or maintained pursu¬
ant to the provisions of this Act, is guilty of a
misdemeanor, and liable to a penalty of not
less than five ($5) dollars nor more than twen¬
ty-five ($25.00) dollars.
—18-
prohibition OF KILLING AND TAKING OF
BIRDS AND GAME ON STATE PRESERVES.
Section 28. Be it further enacted, etc., That
it shall be unlawful for any person to kill,
snare, or pursue, with intent to kill or take by
any means, or to have in possession, any wild
animal or bird upon any of the State game pre¬
serves now designated as such, or that may
hereafter be designated as such by the Con¬
servation Commission. The killing or pursu¬
ing, with intent to kill, snare or take, or the
having in possession of each wild animal or
bird, on said preserves, shall constitute a sep¬
arate offense.
This section shall not prohibit the Conserv¬
ation Commission from killing or having killed
any wolves, wild cats, or other noxious animals
on lands under their supervision, or from hav¬
ing caught or ensnared any wild animals or
birds for the purpose of propagation, restock¬
ing, educational purposes, or scientific investi¬
gation.
PROTECTION OF INTRODUCED BIRDS AND
ANIMALS.
Section 29. Be it further enacted, etc., That
it shall be unlawful to catch, kill, snare or
pursue, any wild animal or bird, imported into
this State by the Federal Government, or by
any person or association of persons, under the
supervision and consent of the Conservation
Commission, for the purpose of experimental
tion or propagation.
—19—
RIGHT OF STATE TO ACCEPT LANDS FOR
GAME PRESERVES. *
Section 30. Be it further enacted, etc., That
the Conservation Commission is hereby em¬
powered to accept from any resident owner,
firm, corporation, State or Federal Govern¬
ment, any lands or waters suitable for game
and fish preserves, to designate and set apart
same as game and fish preserves, and to pro¬
vide such rules and regulations, not contrary
to law, for the conservation of the birds, game
and fish found thereon.
PENALTIES.
Section 31. Be it further enacted, etc., That
a person who violates any provision of the sec¬
tions of this Act relative to game preserves,
shall be guilty of a misdemeanor, and shall be
subject to a fine of not less than five ($5.00)
dollars nor more than one hundred ($100.00)
dollars, with costs of suit, for each offense or
trespass, to be imposed by any court of com¬
petent jurisdiction.
PROTECTION OF FRESH WATER FISH.
Section 32. Be it further enacted, etc., That
no person within the State of Louisiana shall
catch, have in possession, or attempt to catch
or hold in possession, living or dead, any fresh
water fish, or purchase or offer for sale any
such fish after same has been caught, except as
otherwise permitted.
USE OF SEINES AND HOOP NETS.
Section 33. Be it further enacted, etc., That
the setting of hoop nets in bayous and lagoons
—20—
and streams of less than forty yards in width,
and the seining of fish in the fresh waters of
the State is hereby prohibited, except that the
• Conservation Commission for the consideration
hereinafter expressed may grant permits and
issue licenses to seine for the common species
of fish such as buffalo and catfish in water west
of the Mississippi River, within seventy (70)
miles of salt water, and in Lakes Poston and
Phelps in Bossier Parish, Grand Lake in St.
Mary Parish, all lakes and bayous in Cata'nou-
la Parish, all lakes in Terrebonne Parish, Lake
Verret in Assumption Parish, or in any other
lakes, streams, bayous or lagoons of this State
when in the opinion of the Conservation Com¬
mission the granting of such permits and the
issuing of such licenses may not be detrimental
to the interests of the State, and under suita¬
ble rules and regulations. Said licenses and
permits shall not be issued except upon the
payment of twenty-five ($25.00) dollars per
annum for each seine measuring less than three
hundred (300) feet in length; fifty ($50.00)
dollars per annum for each seine measuring
over three hundred (300) feet in length and
less than six hundred (600) feet in length;
and one hundred ($100.00) dollars per annum
for each seine measuring over six hundred
(600) feet in length; provided any license or
permit may be revoked or recalled by the Com¬
mission whenever it is shown by fish experts
that the seining of fish thereunder is detri¬
mental to the game fish resources of the State
as determined by the Conservation Commis¬
sion.
The prohibition in this section shall not ap¬
ply to the use of minnow seines or small shrimp
-21-
seines for the sole and only purpose of catch¬
ing minnows or shrimp for bait.
WHOLESALE BUYING OR SHIPPING LICENSES.
Section 34. Be it further enacted, etc., That
it shall be unlawful for any resident firm or
corporation to engage in the business of whole¬
sale buying or shipping of fresh water fish
other than game fish, unless he or they shall
have first secured a license from the Conserv¬
ation Commission on the following basis :
Dealers buying or shipping less than 50
barrels a month . $ 5.00
More than 50 and less than 100 barrels
per month . 15.00
More than 100 and less than 150 barrels
per month . .' . 25.00
More than 150 and less than 200 barrels
per month . 30.00
More than 200 and less than 250 barrels
per month . 40.00
More than 250 . 50.00
NON-RESIDENT LICENSES.
Section 35. Be it further enacted, etc., That
it shall be unlawful for any unnaturalized for¬
eign-born resident or for any non-resident firm
or corporation, to engage in the business of
wholesale buying or shipping of fresh water
fish other than game fish, unless he or they
shall have first secured a license from the Con¬
servation Commission on the following basis:
Dealers or buyers shipping less than 50
barrels per month . $ 25.00
More than 50 and less than 100 barrels
per month
40.00
-22-
More than 100 and less than 150 barrels
per month . 55.00
More than 150 and less than 200 barrels
per month . 70.00
More than 200 and less than 250 barrels
per month . 85.00
More than 250 . 150.00
Each and every person holding or operating
under a license issued by the Commission un¬
der the provisions of this section or of Section
34 of this Act shall on or before the 5th day
of each month furnish the Commission with a
statement duly sworn to by the person to whom
the license is issued setting forth and showing
in detail the number of fresh water fish, the
several species or kinds thereof and the weight
in pounds of each species or kind of fresh
water fish purchased and shipped by the party
making the report or statement during the im¬
mediately preceding month. Any person fail¬
ing to make the statement herein required with¬
in the time and in the manner named shall be
deemed guilty of a misdemeanor and upon con-
eviction shall be punished under the provisions
of this Act.
Section 36. Be it further enacted, etc., That
vessels purchasing fresh water fish to make up
a cargo shall procure a license permitting the
conduct of such business, which shall be graded
upon the tonnage of the boat employed on the
following basis, to-wit :
CARGO LICENSE.
For an open skiff if propelled by a gasoline
engine, the license shall be five ($5.00) dollars
per annum.
For a boat which does not exceed five tons.
—23—
the license shall be twenty ($20.00) dollars
per annum; where the tonnage is more than
five tons and not exceeding ten tons, the license
shall be thirty ($30.00) dollars per annum;
where the tonnage exceeds ten tons the license
shall be forty ($40.00) dollars per annum; and
every such licensed vessel shall carry on board
a suitable book in which a daily record shall
be made of all the fish purchased, giving the
date of purchase, the name of the person or
vessel from which purchased and the quantity
of fish purchased, which said record shall at
all times be open to the inspection of the offi¬
cials of said Commission and extracts there¬
from shall be furnished said Commission when¬
ever required. Each and every person holding
and operating under a license issued by, the
Commission under the provisions of this sec¬
tion shall on or before the 5th day of each
month furnish the Commission with a state¬
ment duly sworn to by the party to whom the
license is issued, setting forth and showing in
detail the number of fresh water fish pur¬
chased, the name of the person, firm or corpor¬
ation from whom or from which purchased by
the party making the report or statement dur¬
ing the immediately preceding month. Any
person failing to make the statement herein re¬
quired within the time and in the manner
named shall be guilty of a misdemeanor and
upon conviction shall be punished under the
provisions of this Act.
CLOSED SEASON AND SIZE LIMITON BUFFALO
FISH AND CAT FISH.
Section 37. Be it further enacted, etc., That
—24—
it shall be unlawful for any person to set or
draw any seine, hoopnet, trotline, bushline, or
setline for the purpose of catching buffalo fish
between the 15th day of February and the 15th
day of April, and any paddle-fish, commonly
called spoon-bill cat between the 1st day of
January and the 15th day of July; and any
species of fresh water catfish between the 15th
day of May and the 15th day of July.
No buffalo fish or fresh water catfish less
than twelve inches in length shall be had in
possession, nor shall any paddle-fish (or spoon¬
bill cat) be had in possession which does not
contain roe suitable to be manufactured or con¬
verted into caviar.
Any such buffalo or fresh water catfish of
less size than above specified or any such pad¬
dle-fish not containing roe as above specified,
must be immediately returned to the waters.
NON-SALE OF GAME FISH.
Section 38. Be it further enacted, etc., That
it shall be unlawful for any person to sell, ex¬
change, expose, offer for sale, or exchange, or
have in possession for sale, any black bass,
commonly called green trout, or white or yel¬
low bass, commonly called striped bass or bar-
fish; or crappy, commonly called sac-a-lait, or
white perch, or any species of perch and sun-
fish.
RESTRICTION OF SALE.
Section 39. Be it further enacted, etc., That
it shall be unlawful for any person, firm or cor¬
poration to sell, expose, offer for sale or ex¬
change, have in possession for sale, or keep in
-25-
cold storage, either for himself or for others,
any species of fresh water fish, or any part
thereof, in their fresh state, during the closed
seasons noted herein, irrespective of the time
when, or place where, such fish may have been
killed or caught. Provided that fish caught
during the open season may be had in posses¬
sion for five (5) days after the end of the said
open season.
RESTRICTION OF CAPTURE OF GAME FISH.
Section 40. Be it further enacted, etc., That
it shall be unlawful for any person to catch or
kill any black bass, commonly called green
trout, white and yellow bass, commonly called
striped bass or barfish, crappy, commonly
called sac-a-lait or any species of perch and
sunfish, except by means of rod, hook and line,
having not more than five (5) sets of hooks, or
a hand-line having not more than five (5) sets
of hooks, or a trolling line with spoon hook
or other artificial bait attached thereto. Any
bass shorter than eight (8) inches must not
be had in possession. All bass under that size
which may be caught in this manner must be
immediately returned to the water, and all
bass, crappy, perch and sunfish caught in
seines or hoopnets must be immediately re¬
turned to the water uninjured.
REGULATION OF SHIPMENTS.
Section 41. Be it further enacted, etc., That
it shall be unlawful to ship, carry, transport,
or offer for shipment, within or without the
State, any package or barrel containing dead
fish, unless said package or barrel is plainly
—26—
and clearly marked with the name of the con¬
signor and consignee, with an itemized state¬
ment of the number of pounds of the fish, and
the names and the species contained therein.
Any package or barrel otherwise shipped, car¬
ried or offered for shipment, together with the
contents thereof, may be confiscated by any
conservation agent or duly authorized officer.
REGULATION OF SEINES AND OTHER NETS.
Section 42. Be it further enacted, etc., That
rules and regulations not inconsistent with the
provisions of this Act relating to the use of
seines, hoop nets, trot lines, bush lines, trow-
lines, or setlines, in the waters of the State
may be adopted and promulgated by the Con¬
servation Commission.
SEIZURE OF UNLICENSED TACKLE.
Section 43. Be it further enacted, etc., That
all unlicensed seines set or used in or upon any
of the waters or shores thereof, or islands of
the State, are hereby declared to be public nui¬
sances and may be seized by any Conservation
Agent.
PROHIBITED TACKLE.
Section 44. Be it further enacted, etc., That
it shall be unlawful for any person to have in
possession any jack or head or other light, fyke-
net, gill-net, or trammel-net. Possession of
said article shall be prima facie evidence that
the same is kept for unlawful use and they
may be seized by any officer authorized to en¬
force the fish laws.
-27-
permanent MEANS OF TAKING HSH.
Section 45. Be it further enacted, etc., That
it shall be unlawful for any person to place,
build, erect, fasten to stakes, floats or buoys,
or use any gill-nets, trammel-nets, fyke-nets or
any permanently set means for taking fish in
the waters of the State.
FISH OR TACKLE AS EVIDENCE OF
VIOLATIONS.
Section 46. Be it further enacted, etc., That
in all cases of arrest for violation of the pro¬
visions of this Act, the possession of the fish or
nets, or seines, or lines, or the possession or
operation of any other device herein prohibited
shall be prima facie evidence of the violation
of this Act.
: ■ i
TAKING OF FISH FOR CULTURAL PURPOSES.
Section 47. Be it further enacted, etc., That
the Conservation Commission may take fish of
any kind, when, where, and in such manner as
may be necessary, for the purpose of science
and of cultivation and distribution, and they
may grant written permits to other persons for
the same purposes, and may introduce or per¬
mit to be introduced any kind of fish into any
waters. They may, after a hearing, set apart,
for a term not exceeding ten (10) years, any
waters in the State for the purpose of propa¬
gation, or for the use of the United States
Bureau of Fisheries. The order setting apart
such waters shall be recorded in the Registry
of Deeds of the Parish in which they are sit¬
uated. They may erect and maintain such fix-
—28-
tures as are necessary for the purpose of prop¬
agation and maintenance.
TRESPASS ON PROPERTY IN CHARGE OF
COMMISSION.
Section 48. Be it further enacted, etc., That
it shall be unlawful for any person to wilfully
enter in or upon any building or other struc¬
ture, or any area of land or water, set apart
and used by or under the authority of the Con¬
servation Commission for conducting scientific
experiments or investigations, or for the cul¬
ture, dissemination and distribution of fish,
birds or game, after said Commission has print¬
ed notices of such occupation and use and the
purposes thereof, to be placed in a conspicuous
position adjacent to any such areas of land or
water, or upon any such building or other
structure, or to wilfully and maliciously injure
or deface any such building, or other structure
or any notice posted as aforesaid, or injure or
destroy any property used in such experiments
or investigations, or to otherwise interfere
therewith.
PURCHASE OF SPAWN BY COMMISSION.
Section 49. Be it further enacted, etc., That
the Conservation Commission may purchase
from persons, firms or corporations, fish roe or
fish eggs, giving in exchange or in considera¬
tion therefor, a percentage of the young fish
hatched or produced at any of the fish
hatcheries of the State from the eggs so pur¬
chased; and the placing of such young fish in
waters, on the land of such persons, firms or
corporations, shall not be deemed a stocking of
such waters with fish by the State.
—29-
introduction OF SPAWN AND FISH.
Section 50. Be it further enacted, etc., That
no spawn or fish of any species from without
the State shall be liberated within the State, ex¬
cept upon written permission of the Conserva¬
tion Commission.
RESTOCKING OF PUBLIC WATERS.
Section 51. Be it further enacted, etc., That
the Conservation Commission, upon the peti¬
tion of the Police Jury of a Parish, may stock
the waters of any stream, bayou, lagoon, lake
or river, with such fish as they judge to be best
suited to such waters. The Commission may
thereupon prescribe for a period not exceed¬
ing three years such reasonable regulations rel¬
ative to the fishing in such streams and tribu¬
taries as they deem to be for the public inter¬
est, and shall cause such regulations to be en¬
forced.
SPECIAL CLOSED SEASON ON FISH.
Section 52. Be it further enacted, etc., That
whenever they deem it for the best interest
of the State, the Conservation Commission may
entirely prohibit the taking of any kind of
fresh water fish, in any part of the State, for a
series of years not exceeding three. They may
adopt, and from time to time modify or repeal
such needful rules and regulations not con¬
trary to the laws of the State, as they may
deem necessary or proper for the protection
and preservation of the fish of the State, in
conformity with the provisions of this Act.
-30-
obstruction OF STREAMS.
Section 53. Be it further enacted, etc., That
it shall be unlawful for any person to obstruct,
by means of any rack, screen, wTire or other¬
wise, any bayou, lagoon, lake, bay, river, or
other body of water, to prevent the passage of
fish protected by law.
OWNERSHIP OF FISH IN CONFINEMENT.
Section 54. Be it further enacted, etc., That
all fish propagated and maintained in confine¬
ment shall be the property of the person so
propagating and maintaining them, provided
that they shall not be sold during the closed
season for similar fish.
“PUDDLING” OF WATERS.
Section 55. Be it further enacted, etc., That
it shall be unlawful for an yperson to muddy
or “ puddle ” any waters for the purpose of
taking fish thereby.
SCREENING OF INTAKE PIPES.
Section 56. Be it further enacted, etc., That
all “ intake pipes” used for the purpose of
taking up water for irrigating lands shall be
provided with a “screen” to keep fish from
being taken into said intake pipes and subse¬
quently pumped out on the land. Said
“screen” shall be made of four by four (4x4),
and shall not be less than ten (10) feet square;
the outer side of same to be covered with wire
screening of not more than one-quarter-inch
mesh ; provided that this shall not apply to in-
tak pipes in the Mississippi River.
—31—
DYNAMITING AND POLLUTION OF STREAMS.
#
Section 57. Be it further enacted, etc., That
in order to prevent the killing of fish, it shall
be unlawful for any person to throw or place
dynamite, lyddite, gunpowder, cartridge, can¬
non crackers, or any other explosive, or to
throw or place acids, or lime which has not
been used in manufacturing or commercial
processes, india berries, sawdust, green wal¬
nuts, walnut leaves, or any other deleterious
substance, into, or on, or where it will run into,
the waters of the bayous, lagoons, ponds, lakes,
bays, rivers, sound, or in the Gulf of Mexico
within the territory of jurisdiction of this
State.
PENALTIES.
Section 58. Be it further enacted, etc., That
any person violating the provisions of the fore¬
going section shall be deemed guilty of a mis¬
demeanor, and shall on conviction thereof pay
the costs of the prosecution and be imprisoned
in the parish jail for not less than five (5) days
and more than twelve (12) months, at the dis¬
cretion of the court and subject to work on
the public roads as provided by law, and in the
event of the costs not being paid, an additional
day for each day of the jail sentence shall be
decreed by the court.
PROTECTION OF DIAMOND BACK TERRAPIN.
Section 59. Be it further enacted, etc.. That
no person within the State of Louisiana shall
kill, catch, have in possession, or attempt to
kill, catch, or hold in possession, living or dead,
any diamond-back terrapin, or purchase or of-
fer for sale any such terrapin after same has
been killed or caught, except as otherwise per¬
mitted.
SIZE LIMIT ON TERRAPINS.
Section 60. Be it further enacted, etc., That
it shall be unlawful for any person to kill,
snare, trap, or in any way take, capture, annoy
or destroy, any diamond-back terrapin of a
less size than five and one-half (5 y2) inches in
length, measuring the length of the lower, or
under shell, nor shall any diamond-back ter¬
rapin be caught or sold between the 15th day
of April and the 15th day of June .
OWNERSHIP OF TERRAPINS IN CONFINEMENT
Section 61. Be it further enacted, etc., That
diamond-back terrapin artificially propagated
and maintained shall be the property of the
person propagating and maintaining them. Any
person, firm or corporation legally engaged in
their culture or maintenance, or who has legal
ownership of them by purchase or otherwise,
may keep them in his or their own waters at
pleasure, may have and keep them in their
own possession for purposes properly connect¬
ed with said culture and ownership and main¬
tenance, and may at all times sell, or other¬
wise dispose of them, but shall not sell them
for food at seasons during which their capture
or possession is prohibited by this Act.
SHIPMENT OF TERRAPINS.
Section 62. Be it further enacted, etc., That
all barrels, boxes and packages, containing
diamond-back terrapin, when shipped without
—33—
the State, shall be plainly and clearly marked
with the name of the consignor and consignee,
with a statement of the number of terrapin
contained therein, and said barrels, boxes and
packages shall be so constructed as to plainly
show their contents. All barrels, boxes and
packages, containing diamond-back terrapin,
when shipped without the State, shall be plain¬
ly and clearly marked with the name of the
consignor and consignee, with a statement of
the number of terrapin contained therein, and
said barrels, boxes and packages shall be' so
constructed as to plainly show their contents.
All barrels, boxes and packages otherwise
shipped may be confiscated, together with the
contents thereof, by any Conservation Agent
or other duly authorized officer. Any person
violating the provisions of the sections of this
Act relative to diamond-back terrapin shall be
guilty of a misdemeanor, and shall, on convic¬
tion thereof, pay the costs of prosecution and
be fined not less than five dollars nor more than
one hundred dollars, or be imprisoned in the
parish jail for not less than five days nor more
than three months, or be subject to both fine
and imprisonment, at the discretion of the
court.
TERRAPIN DEALERS’ LICENSE.
Section 63. Be it further enacted, etc., That
any person, firm or corporation resident of this
State engaged in the buying and selling of dia¬
mond-back terrapin shall secure frbm the Con¬
servation Commission a license, the charge for
which shall be twenty-five ($25.00) dollars.
Any person, firm or corporation resident of
this State engaged in buying, selling and ship-
-34-
ping of diamond-back terrapin shall secure
from the Conservation Commission a license,
the charge for which shall be one hundred
($100.00) dollars; any person, firm or corpora¬
tion not a resident of this State, or any unnat¬
uralized foreign born resident of this State, en¬
gaged in buying, selling or shipping of dia¬
mond-back terrapin shall secure from the Con¬
servation Commission a license, the charge for
which shall be two hundred ($200.00) dollars.
Section 64. Be it further enacted, etc., That
the following definitions and constructions are
made part of and shall be used in construing
the meaning and purposes of this Act, to-wit :
DEFINITION AND CONSTRUCTIONS.
“Commission” is synonymous with Conserv¬
ation Commission.
“Person” includes co-partnership, joint
stock company or corporation.
“Open Season” is the time during which
fish, fowl, birds and wild quadrupeds may be
taken.
“Closed Season” is the time during which
fish, fowl, birds and wild quadrupeds cannot
be taken.
“Game” includes wild game, domestic game,
and imported game.
“Wild Deer” includes all deer not lawfully
held in private ownership in a preserve wholly
enclosed by a fence.
“Fawns” are declared to be young deer with
spots thereon.
“Plumage” includes any part of the feath¬
ers, head, wings or tail of any birds, and
wherever the word occurs in this act reference
is had to plumage of birds coming from with-
—35-
out the State, as well as that obtained within
the State, but it shall not be construed to apply
to feathers of game birds, birds of paradise,
ostrich, domestic fowl or domestic pigeons, or
birds not protected by this Act. Where lands
are referred to as “ enclosed ” or “wholly en¬
closed, ” the boundary may be indicated by
wire, ditch, hedge, fence, roadway, water or by
any visible or distinctive manner which indi¬
cates a separation from the surrounding con¬
tiguous territory.
“Take” includes pursuing, shooting, hunt¬
ing, killing, catching, trapping, snaring, and
netting fish or game, and all lesser acts.
Wherever in this Act the possession, purchase
or sale of game, or the flesh of any animal, or
bird is prohibited, reference is had equally to
such game or flesh coming from without the
State, as to that taken within the State.
A “wild quadruped,” as referred to in this
Act, shall be taken to include any four-footed
animal or reptile, except turtle, in its wild
state and shall embrace all four-footed animals
and four-footed reptiles, including fur-bear¬
ing animals, game animals, alligators and ter¬
rapin.
A “barrel” is any receptacle capable of con¬
taining not exceeding two and three-quarter
(2%) bushels. If its capacity be less, it shall
nevertheless be considered and treated and
paid for as a barrel.
“Hoopnets” must be made only of twine
with a mesh not exceeding six inches stretched
or three-inch bar between knot and knot. The
use of hoopnets or other similar devices made
of wire is prohibited. Any person violating
this provision shall be deemed guilty of a mis-
-36-
demeanor, and upon conviction shall be pun¬
ished as provided in this act.
GENERAL PENALTIES.
Section 65. Be it further enacted, etc., That
any person violating any of the provisions of
this Act, where a punishment has not been
otherwise provided, shall be guilty of a misde¬
meanor, and upon conviction thereof by any
court of competent jurisdiction shall be liable
to a fine of not less than twenty-five dollars
$25.00), nor more than one hundred dollars
($100.00) dollars, or be subject to imprison¬
ment for not less than thirty (30) days, or be
liable to both fine and imprisonment in the dis¬
cretion of the court.
Section 66. Be it further enacted, etc., That
all laws or parts of laws in conflict herewith,
be and the same are hereby repealed and es¬
pecially Act 132 of 1910.
PROTECTION OF DIAMON-BACK TER¬
RAPIN— ACT 50 OF 1910.
(All sections of this Act except Section 3
have been superseded by Act 204 of 1912, as
amended by Act 47 of 1914).
Section 3. Be it further enacted, etc., That
it shall be unlawful for any person to molest
any nest or the eggs of the Diamond-back Ter¬
rapin or have any such eggs in possession.
-37-
PROTECTION OF ELK— ACT 46 OF 1914.
An ACT
To authorize and empower the Conservation
Commission to bring into this State, or to
permit the bringing into this State, Elk or
Elk kind, and to place and confine, or to
have placed or confined, any such Elk or
Elk kind, upon any propagating ground,
or upon any game preserve, or to liberate,
or have the same liberated within this
State ; to prohibit the pursuing, hounding,
taking, wounding or killing of any such
Elk or Elk kind; to provide for the pun¬
ishment for violations of this Act ,and to
fix the penalties therefor, and to repeal all
laws inconsistent with this Act.
Section 1. Be it enacted by the General As¬
sembly of the State of Louisiana, That the Con¬
servation Commission be and is hereby author¬
ized and empowered to bring into this State, or
to have brought into this State, or to permit to
be brought into this State, Elk or Elk kind,
and to have such Elk or Elk kind placed or
confined upon any propagating ground, or upon
any game preserve or to liberate or permit to
be liberated, any Elk or Elk kind at any point
or points wfithin this State at the discretion of
the said Conservation Commission.
Section 2. Be it further enacted, etc., That
no person shall pursue, hound, take, wound,
capture, kill or destroy an Elk or Elk kind
during a period of five years from and after
the passage of this Act.
Section 3. Be it further enacted, etc., That
any person who violates any of the provisions
of this Act shall be guilty of a misdemeanor
—38—
and upon conviction shall be fined a sum of not
less than twenty-five dollars and not exceeding
one hundred dollars, or imprisoned for a term
of not less than two months, nor more than
one year, or such persons so convicted may be
both fined and imprisoned at the discretion of
the Court.
Section 4. Be it further enacted, etc., That
all laws or parts of laws inconsistent with or
contrary to the provisions of this Act, be and
the same are hereby repealed.
PROTECTION OF DEER— ACT 142
OF 1910.
(All sections of this Act except those here
published have been superseded by the provi¬
sions with regard to deer in the General Fish
and Game Act, 204 of 1912 as amended by Act
47 of 1914) .
Section 1. Be it enacted by the General As¬
sembly of the State of Louisiana, That all Wild
Deer found in this State shall be and are here¬
by declared to be the property of the State.
Section 2. Be it further enacted, etc., That
no person shall kill, catch, have in possession,
or attempt to kill, catch, have in possession, liv¬
ing or dead, any wild deer after same has been
killed or caught, except as otherwise permitted.
Section 5. Be it further enacted, etc., That
it shall be unlawful for any person to hunt or
kill wild deer between the hours of sunset and
sunrise, or kill deer when in water, or when
driven to the high land by overflow or high
water at any time.
-39-
Section 6. Be it further enacted, etc., That
it shall be unlawful for any person to hunt
or kill wild deer with any gun, or other fire¬
arm with any device for deadening the sound
of the explosion attached or fitted thereto,
which device is commonly called a silencer.
Section 7. Be it further enacted, etc., That
it shall be unlawful for any person to snare,
trap or capture wild deer, unless done by or¬
der of the Board of Commissioners for the Pro¬
tection of Birds, Game and Pish, for purposes
of restocking, breeding and propagation.
PROTECTION OF BEARS— ACT 268
OF 1910.
An ACT,
For the protection of bears; to provide the
manner in which said animals may be
killed ; to fix the seasons in which said ani¬
mals may be killed ; to authorize the hunt¬
ing of said animals, and to provide for the
punishment of violations of this Act.
Section 1. Be it enacted by the General As¬
sembly of the State of Louisiana, That all bears
found in this State shall be and are hereby de¬
clared to be the property of the State.
Section 2. Be it further enacted, etc., That
no person within the State of Louisiana shall
kill, catch, have in possession, or attempt to
kill, catch or hold in possession, living or dead,
any bear, or purchase or offer for sale any
bear, after same has been killed or caught, ex¬
cept as otherwise permitted.
-40-
prohibition OF TRAPPING.
Section 3. Be it further enacted, etc., That
it shall be unlawful for any person to trap, or
attempt to trap a bear at any time.
CLOSED SEASON.
Section 4. Be it further enacted, etc., That
it shall be unlawful to catch or kill any bear
between the first day of February and the first
day of November of any year. This Act does
not prevent the owner from catching or killing
bears on his own premises at any time while
actually injuring property.
PROTECTION OF BEARS ON GAME AND FISH
PRESERVES.
Section 5. Be it further enacted, etc., That
it shall be unlawful for any person to kill, pur¬
sue, take, snare, have in possession or injure
by any means, upon land or water of any game
or fish preserve in any parish of the State,
whether enclosed or unenclosed, that may be
designated and set apart by the Board of Com¬
missioners for the Protection of Birds, Game
and Fish as game and fish propagating and
breeding grounds, any bear, except under regu¬
lations of the Board of Commissioners for the
protection of Birds, Game and Fish, the killing
or having in possession of each such animal
shall constitute a separate offense.
EXPORTATION.
Section 6. Be it further enacted, etc., That
it shall be unlawful for any person, firm, cor¬
poration, or common carriers, its officers, agents
or servants, to ship, carry, take or transport
—41—
beyond the confines of the State, any bear at
any time; except under written permission of
the Board of Commissioners for the Protection
of Birds, Game and Pish.
LICENSE AN ABSOLUTE REQUIREMENT.
Section 7. Be it further enacted, etc., That
it shall be unlawful for any resident to hunt
bears within the State on other than lands
which he owns, leases or rents, unless he is
the owner of the hunting license provided by
law, and shall exhibit same on demand of any
warden or officer.
Section 8. Be it further enacted, etc., That
it shall be unlawful for any non-resident or un¬
naturalized foreign-born resident, to hunt bears
within the State unless he has in his posses¬
sion the hunting license provided by law for
such persons, and shall exhibit same on de¬
mand of any warden, or officer.
All non-residents coming into the State to
hunt bears shall report in writing upon arri¬
val at their destination to the Parish Game
Warden.
PENALTIES.
Section 9. Be it further enacted, etc., That
any person, firm or corporation or common car¬
rier, their agents and officers, violating any of
the provisions of this Act shall be deemed
guilty of a misdemeanor, and shall on convic¬
tion thereof, pay the costs of the prosecution,
and be fined not less than five dollars ($5.00)
nor more than one hundred dollars ($100.00),
or be imprisoned in the parish jail for not less
than one day (1), nor more than sixty (60)
-42-
days, or both fine and imprisonment at the dis¬
cretion of the court, for each offense, in addi¬
tion thereto the holder of a hunting license
found guilty of violating any of the provisions
of this Act before a competent court shall for¬
feit said license and all further hunting priv¬
ileges during the current season.
Section 10. Be it further enacted ,etc., That
all fines collected under the provisions of this
Act shall be paid to the Treasurer of the
School Funds for the use of the Public Schools
of the parish in which the violations occurred;
the sheriff to receive ten per cent for the col¬
lection of said fines turned over to the Treas¬
urer.
Section 11. Be it further enacted, etc., That
all laws or parts of laws in conflict with the
provisions of this Act are hereby repealed and
superseded.
PROTECTION OF NON-GAME BIRDS—
-ACT 198 OF 1906.
An ACT
For the protection of birds, other than game
birds, and their nests and eggs; specify¬
ing which species are non-game birds ; pro¬
hibiting trespass on bird breeding islands ;’
prohibiting trapping; providing that such
birds may be killed under certain condi¬
tions ; providing for the punishment of vio¬
lators thereof, and the dispositions of all
fines.
-43-
definition OF NON-GAME BIRDS.
Section 1. Be it enacted by the General As¬
sembly of the State of Louisiana, That all wild
birds, other than game birds, both resident and
migratory, in this State, shall be, and are here¬
by declared to be the property of the State.
DEFINITION OF GAME BIRDS.
Section 2. Be it further enacted, etc., That
for the purpose of this Act, the following shall
be considered game birds: Geese, brant, wild
ducks, wood ducks, rails (mud hens), coots
(poule d’eau), gallinules, snipe, woodcock,
sand pipers (chorooks and papabottes), tatt¬
lers, curlew, plover, wild turkey, imported
pheasants, grouse (pheasants), prairie chick¬
ens, sand hill cranes, ortolans or cedar birds,
quail and doves. All other species of wild res¬
ident and migratory birds shall be considered
non-game birds.
Section 3. Be it further enacted, etc., That
it shall be unlawful within the State of Lou¬
isiana, to kill, catch or have in possession, liv¬
ing or dead, any resident or migratory wild
bird other than a game bird, or purchase, offer,
or expose for sale any such wild non-game bird,
after it has been killed or caught except as per¬
mitted by this Act.
NON-SALE OF PLUMAGE.
Section 4. Be it further enacted, etc., That
no part of the plumage, skin or body of any
bird, protected by this Act, shall be sold or
had in possession for sale, irrespective of the
time when, or the place where, such bird may
have been killed or caught.
44-
protection OF NESTS AND EGGS.
Section 5. Be it further enacted, etc., That
it shall be unlawful for any person within the
State of Louisiana, to take or destroy, or at¬
tempt to take or destroy the nest or the eggs
of any wild birds other than a game bird, or
or have such nest or eggs in his or their pos¬
session, except as permitted by this Act.
BREEDING RESERVATIONS.
Section 6. Be it further enacted ,etc., That
any person or society organized under the
laws of this State, desiring to prevent trespass
upon any land, enclosed or otherwise, or upon
any island within the boundaries of the State
of Louisiana, dedicated to the purpose of breed¬
ing and protecting birds protected by this Act
shall post same with suitable signs, located not
less than every lineal one-half mile along the
boundary lines of said lands or island ; and it
shall be unlawful for any person to trespass
upon any such land or island. Any person or
persons found so doing may be arrested on
sight by any warden or other officer authorized
by law. In the event of a conviction, said per¬
son or persons shall each be fined not less than
ten dollars ($10.00) nor more than twenty-five
dollars ($25.00), or be imprisoned in the parish
jail for not less than ten (10) days, nor more
than thirty (30) days, or to be both fined and
imprisoned, and shall further be liable to the
penalties imposed by law for the killing of
birds or game, or the taking, or attempting to
take of eggs, or disturbing nests.
—45-
trapping.
Section 7. Be it further enacted, etc., That
it shall be unlawful for any person, within the
State of Louisiana, at any time, to use or set
a trap, cage, net or other device for the purpose
of catching wild birds. Any person or persons
found so doing, may be arrested on sight, by
any warden or other officer, authorized by law.
In the event of a conviction said person or per¬
sons shall each be fined not less than five dol¬
lars ($5.00) nor more than ten dollars ($10.00)
or be imprisoned in the parish jail for not
less than five (5) days, nor more than ten (10)
days, or be both fined and imprisoned. All
wardens or other officers are hereby given au¬
thority to confiscate all traps, cages, nets or
other devices, which they may find set or being
used for the purpose of catching wild non-game
birds, and it shall be the duty of said officers
to liberate any birds found in possession, con¬
trary to the provisions of this Act.
This Act does not prevent any householder
from keeping one resident and one migratory
bird in a cage as a pet, provided it is not kept
for sale, and that it shall not be shipped be¬
yond the confines of the State.
EXPORTATION.
Section 8. Be it further enacted, etc., That
it shall be unlawful for any person or persons
or any corporation acting as a common car¬
rier, its officers, agents or servants to receive
for shipmemnt, ship, carry, take or transport,
either within or beyond the confines of the
State, any resident or migratory wild non-game
bird, except as permitted by this Act.
— 4*6 —
SCIENTIFIC COLLECTING LICENSES.
Section 9. Be it further enacted, etc., That
certificates may be granted by the Secretary
of State to any properly accredited person of
the age of fifteen years and upwards, permit¬
ting the holder to collect birds, their nests or
eggs, for strictly scientific purposes only. In
order to obtain such certificate, the applicant
for same must present to the Secretary of
State endorsements from two well known or¬
nithologists, one of whom shall be a resident
of the State, certifying to the good character
and fitness of said aplicant to be entrusted
with such privilege, and must pay to said offi¬
cer one dollar ($1.00) to defray the necessary
expense attending the granting of such certi¬
ficate.
On proof that the holder of such certificate
has captured or killed any bird, or taken the
nest or eggs of any bird, for other than scien¬
tific purposes, the certificate shall become void,
and he shall be liable to a fine of not less than
fifty dollars ($50.00) nor more than one hun¬
dred dollars ($100.00), or imprisonment for
not less than ten (10) days, or more than thir¬
ty (30) days, or both fine and imprisonment.
Section 10. Be it further enacted, etc., That
the certificates authorized by this Act shall
expire on the 31st day of December, of the year
issued, and shall not be transferable, and may
be withheld or cancelled at the discretion of the
Secretary of State.
A statement showing the particulars re¬
garding the issuance of such certificate, shall
be immediately forwarded by the Secretary of
State to the Board of Commissioners for the
Protection of Birds, Game and Fish.
—47—
OUTLAWED BIRDS.
Section 11. Be it further enacted, etc., That
the English sparrow, Cooper’s hawk, duck
hawk, sharp-shinned hawk, and great horned
owl, are not included among the birds pro¬
tected by this Act.
This Act does not prevent any person from
killing crows, crow blackbirds or red-winged
black birds, on his premises, if destructive to
crops, provided that said birds are not sold or
offered for sale or shipped out of the State;
nor does it prevent the killing of kingfishers
found nesting in the levees of the State, pro¬
vided said birds are not afterwards sold or of¬
fered for sale or shipped out of the State.
PENALTIES.
Section 12. Be it further enacted, etc., That
any person violating any of the provisions of
this Act, except Sections 6, 7 and 9, shall be
guilty of a misdemeanor, and shall be liable to
a fine of not less than five dollars ($5.00) nor
more than ten dollars ($10.00), or to be im¬
prisoned in the parish jail for not less than
five day (5) days, nor more than ten (10)
days, or be both fined and imprisoned for each
bird, living or dead, or part of a bird, or nest,
or set of eggs, or part thereof, taken, killed,
captured, possessed, sold, offered for sale,
shipped, carried or transported in violation of
this Act.
Section 13. Be it further enacted, etc., That
all fines collected under the provisions of this
Act shall be payable to the State Treasurer,
for the use of the Board of Commissioners for
the Protection of Birds, Game and Fish, of
I
—48—
this State, except that any person furnishing
to the game wardens or other officers, author¬
ized under the laws of the State to institute a
prosecution, sufficient evidence to convict any
person or persons, or corporations, for viola¬
tions of the provisions of this Act, shall re¬
ceive, in case of a conviction, fifty per cent
(50%) of the fine collected, the same to be
paid by a warrant, issued by the Board of Com¬
missioners for the Protection of Birds, Game
and Pish.
CELEBRATION OF BIRD DAY.
Section 14. Be it further enacted, etc., That
the State and Parish Boards of Public Educa¬
tion are directed to provide for the celebra¬
tion, by all public schools, of “Bird Day,” on
May 5th of each year, being the anniversary
of the birth of John James Audubon, the dis¬
tinguished son of Louisiana.
On the recurring anniversary days, suitable
exercises are to be engaged in, and lessons on
the economic and esthetic value of the resident
and migratory birds of the State are to be
taught, by the teachers, to their pupils.
Section 15. Be it further enacted, etc., That
all the Acts or parts of Acts hereunto incon¬
sistent with or contrary to the provisions of
this Act are hereby repealed.
OPEN SEASON ON SEA GULLS— ACT 208
OP 1910.
An ACT
To regulate the killing of sea gulls; to fix an
open and close season in which they may
be killed ; to provide a penalty for the vio-
—49—
lation hereof; and to repeal all laws or
parts of laws in conflict herewith.
Section 1. Be it enacted by the General As¬
sembly of the State of Louisiana, That it shall
be unlawful to kill or have in possession in the
State of Louisiana, any sea gull between the
1st day of February and the 1st day of August
of any year.
Section 2. Be it further enacted, etc., That
it shall be unlawful for any licensed hunter
in this State to kill more than fifty (50) sea¬
gulls in any one day.
Section 3. Be it further enacted, etc., That
any person violating the provisions of this Act
shall be fined not less than twenty-five dollars
($25.00) nor more than two hundred and fifty
dollars ($250.00), or be imprisoned not less
than five (5) days nor more than ninety (90)
days, at the discretion of the court.
Section 4. Be it further enacted, etc., That
all laws and parts of laws in conflict herewith
be and the same are hereby repealed.
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