SK 401 .fl4 1910 Copy 1 / I K 401 P4 910 me. Deer and opy 1 >n-Gaine Bird La\^s OF THE STATE OF LOUISIANA PUBLISHED BY THE Board of Cominissioners for the Protection of Birds, Game and Fish ISEW ORLEANS 19 10 BRANDAO PTG. CO. ifSJ^^^V :.i':^"^0 NEW ORLEANS. ACT NO. 259. ^ For the protection of game birds, their nests ' and eggs; to define what species of birds are game birds; to make game birds the property of the State; to authorize the issuance of Hcenses to hunt and kill same; to provide the manner in which game birds may be killed; to limit the number of each species of game birds that may be killed; to fix the seasons in which game birds may be killed ; to regulate the trans- portation, shipping and carrying of game birds from within the State; to provide for the establishment of game preserves ; to regulate the propagation of game birds and to provide for punishment of viola- tions of this Act. Section i. Be it enacted by the General Assembly of the State of Louisiana, That all wild game birds, both resident and migratory found in this State, are hereby declared to be the property of the State. And no person «hall at any time or in any manner acquire any property in or subject to his dominion or con- trol, any of the game birds or any part thereof of the species herein mentioned except as here- inafter permitted. Sec. 2. Be it further enacted, etc., That the following only shall be considered game birds: Wild Geese, Brant, Wild Sea and River Ducks, Wood Ducks, Grosbecks, Rails, (Mud Hens), Coots (Poule D'eau), GalHnules, —1— D» Oi V AUG 31 1310 Snipe, Woodcock, Sandpipers (Cherooks and Papabotte), Tattlers, Curlews, Plover, Wild Turkeys, imported Pheasants and Partridges, Grouse, Prairie Chickens, Quail, Doves, Robins and red-winged Blackbirds. Sec. 3. 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 of the following named game birds during the close season noted herein: Doves, Wood Ducks, from March ist to Sep- tember 1st; Geese, Brant, Wild Sea and River Ducks, Rails (Mud Hens), Coots (Poule D'eau), Gallinules, Tattlers, Curlew and Plo- ver, from March 15th to October ist; Wild Turkey cocks from April 15th to November 1st, Quail (Bob White) and red-winged Black- birds and Robins from March 15th to Novem- ber 15th, blue-winged Teal, Snipe and Sand Pipers from April ist to September 15th, Florida Ducks, Commonly called Black Mal- lards, from March ist to August ist; Papa- botte, or Upland Plover, Grosbecks and Che- rooks, from April ist to July ist; Woodcock, from March ist to December 31st. Sec. 4. Be it further enacted, etc.. That Prairie Chickens Kill-deer, Pheasants, (im- ported or native), Hungarian Partridges and Wild Turkey hens, shall not be killed, nor had in possession at any time until December ist, 1915, nor thereafter except from November 1st to December 31st, of any year. Sec. 5. Be it further enacted, etc., That it shall be unlawful for any person to kill or destroy more than one Wild Turkey cock, twenty-five Ducks, Poule D'eau, or fifteen of any other game birds, in any one day during -2- the open season named herein; except that a duly Hcensed market hunter shall be permitted to kill as many as twenty-five ducks each day; nor shall any hunting be done between the hours of one hour after sunset and one hour before sunrise. Skc. 6. Be it further enacted, etc., That it shall be unlawful for any person to take, destroy or attempt to take or destroy, the nest or eggs of any of the birds protected by law, unless it be done by order of the Board of Commissioners for the Protection of Birds, Game and Fish for purposes of restocking, breeding and propagation, provided that no person shall invade or go upon private en- closures for the purpose of gathering eggs, even by order of said board, when the owner or keeper of such enclosure objects thereto. Sec. 7. Be it further enacted, etc.. That it shall be unlawful to kill any of the birds named in this Act in the open seasons noted herein by any means other than by an ordin- ary gun capable of being held to and shot from the shoulder. Sec. 8. 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 bird dead or alive, after the first day of March of any year and until the opening dates of the fall season, as well as during the close seasons noted herein except as otherwise permitted. Sec. 9. 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 close seasons noted herein, irre- spective of the time when or place where such birds were killed or captured, except as other- wise permitted. Sec. 10. Be it further enacted, etc., That all game birds propagated and maintained in confinement shall be the property of the per- son so * propagating and maintaining them ; provided, that they shall not be sold during the closed season for similar wild birds." Sec. II. Be it further enacted, etc., That it shall be unlawful for any person, firm, or corporation or common carrier, its officers, agents or servants, to ship, carry, take or transport beyond the confines of the State, any game birds noted herein, except as permitted by law, or regulation of the Board of Com- missioners for the Protection of Birds, Game and Fish. Each non-resident hunter may carry or ship home under his license, or as baggage if exposed to view, not more than one turkey cock, twenty-five ducks, snipe or rail, or fifteen of any other game birds. Sec. 12. Be it further enacted, etc.. That it shall be unlawful to ship, carry, transport, or offer for shipment, within the State, any pack- age or barrel containing dead game birds, un- less said package or barrel is plainly and clearly marked with the names of the con- signor and consignee, with an itemized state- ment of the numbers of birds and names of the species contained therein, and shall have attached thereto the market hunter's daily license tags provided by the Board of Com- missioners for the Protection of Birds, Game and Fish for that purpose, except in the event —4— of a resident hunter shipping his own kill to a friend or to himself, in which event no tag is required. The amount of birds in any package or bar- rel must correspond with the numbers of the birds killed as noted on the tags aforesaid. All packages and barrels shall be so con- structed as to readily permit an examination of the contents. Any package or barrel, other- wise shipped, carried or offered for shipment, may be confiscated together with the contents thereof, by any warden or authorized officer. Sec. 13. Be it further enacted, etc.. That no wild game bird of any species from without the State shall be liberated within the State, except upon written consent of the Director of the Experimental Station. Sec. 14. Be it further enacted, etc., That it shall be unlawful for any person, during the game breeding season, to-wit, between the first day of March and the first day of Octo- ber of any year, to set fire to any wild wood land, marsh land, or prairie land. Sec. 15. 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 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 Board of Commissioners for the Protection of Birds, Game and Fish as game and fish propagating and breeding grounds, any wild birds pro- tected at any time by law, 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 -5— 1 ite al such protected game birds shall constitute separate offense. Skc. i6. 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 enclosed, cultivated, or pasture lands of another person without the written consent of said owner. Sec. 17. Be it further enacted, etc., That it shall be unlawful for any resident to hunt game birds within the State on other than lands which he owns, leases, or rents unless he has in his possession, the hunting license pro- vided by law, and shall exhibit same on de- mand of any warden or officer, and any hunter selling more than five game birds in any one day shall be considered a market hunter and pay for a license as such. Skc. 18. Be it further enacted, etc.. That it shall be unlawful for any non-resident, or unnaturalized foreign-born resident, (except when an unnaturalized person resides on his own property) to hunt game birds within the State, unless he has in his possession, the hunt- ing license provided by law for such persons, and shall exhibit same on demand of any war- den or officer, and, no non-resident shall be allowed to sell any game killed by him. Sec. 19. Be it further enacted, etc., That it shall be unlawful for any resident, to hunt game birds, within the State, for profit either to himself or others unless he is the owner of the hunter's license provided by law for such persons, and shall exhibit same on demand of any warden or officer. Every hunter designated herein shall be pro- vided by the Board of Commissioners for the Protection of Birds, Game and Fish, with necessary license tags, in order that said tags may be attached to all shipments of birds. Sec. 20. Be it further enacted, etc., That any person, firm, 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 (i) day, nor more than sixty (60) 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 forfeit said license and all further hunting privileges during the current season. Sec. 21. 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 violation occurred ; the sheriff to receive ten per cent, for the col- lection of said fines turned over to the Treas- urer, j Sec. 22. 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. —7— ACT NO. 142. For the protection of wild deer. To provide the manner in which said animals may be killed; to fix the seasons in which said animals may be killed; to authorize the issuance of licenses to hunt; to prohibit the burning of hunting lands, and to pro- vide for the punishment of violations of this Act. Section i. Be it enacted by the General Assembly of the State of Louisiana, That all wild deer found in this State shall be and are hereby declared to be the property of the State. Sec. 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 wild deer after same has been killed or caught, except as otherwise permitted. Sec 3. Be it further enacted, etc., That it shall be unlawful for any person to kill, catch, or injure, any doe or fawn at any time, or have the same in possession, except where they are kept on public or private pre- serves for purposes of propagation. Sec. 4. Be it further enacted, etc., That it shall be unlawful for any person to kill, snare, trap, hunt with hounds, or in any way annoy or destroy any wild deer between the first day of January and the first day of Octo- ber of any year. No person shall kill more than two bucks in any one day during the open season, nor more than five bucks in any one season, nor shall any hunting party of more than three persons kill more than three bucks in any one day. Any person in possession of any carcass of a deer or any considerable portion of a carcass of a deer, shall at the same time have in his possession natural evidence of the sex of the same, and the absence of such natural evi- dence shall be prima facie evidence that the carcass is that of a female. Sec. 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. Sec. 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. Sec. 7. Be it further enacted, etc., That it shall be unlawful for any person to snare, trap or capture wild deer, unless it be done by order of the Board of Commissioners for the Protection of Birds, Game and Fish for the purposes of restocking, breeding and propaga- tion. Sec. 8. Be it further enacted, etc.. That it shall be unlawful for any person, firm or cor- poration to sell, exchange, expose, offer for sale or exchange, have in possession for sale, or keep in cold storage, either for himself or others, any deer or part thereof irrespective of the time when or place where such deer may- have been killed or caught. Sec. 9. Be it further enacted, etc., That it shall be unlawful for any person, firm, cor- poration, or common carrier, its officers, agents or servants, to ship, carry, take or transport beyond the confines of the State any deer ex- cept under regulations of the Board of Com- missioners for the Protection of Birds, Game and Fish. Sec. 10. 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 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 Board of Commissioners for the Protection of Birds. Game and Fish as game and fish propagating and breeding grounds any wild deer protected at any time by law, except under regulations of the Board of Commissioners for the Pro- tection of Birds, Game and Fish. The killing or having in possession of each such protected deer shall constitute a separate offense. Sec. II. Be it further enacted, etc.. That all deer artificially propagated and maintained in confinement, shall be held in possession or for disposition under regulations of the Board of Commissioners for the Protection of Birds, Game and Fish. That all deer propagated and maintained in confinement, shall be the prop- erty of the person so propagating and main- taining them. Sec. 12. Be it further enacted, etc.. That it shall be unlawful for any resident to hunt wild deer within the State, unless he is the owner of the hunting Hcense provided by law and shall exhibit same on demand of any warden or officer. Nothing in this Act shall be construed to give the holder of a hunting license permis- sion to hunt on the enclosed, cultivated or pasture lands of another person, without the written consent of said owner. Sec. 13. Be it further enacted, etc., That it shall be unlawful for any non-resident, or unnaturalized foreign-born resident, to hunt wild deer within the State, unless he has in his possession the hunting license provided by law for such persons and shall exhibit same on demand of any warden or officer. All non-residents hunting wild deer in the State, shall feport in writing upon arrival in any parish to the local game warden of said parish. Sec. 14. Be it further enacted, etc., That any person, firm, 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 twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00) and may also be imprisoned in the parish jail for not less than one (i) day, nor more than six (6) months, or both fine and imprisonment at the discretion of the court. for each offense. Sec. 15. 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 violation occurred ; the sheriff to receive ten cents for the collection of said fine* turned over to the treasurer. Sec 1 6. Be it further enacted, etc., That all laws or parts of lav^^s in conflict v^ith the provisions of this Act are hereby repealed and superseded. —12— ACT 198 of 1906. For the protection of birds, other than game birds, and their nests and eggs ; specifying which species are non-game birds; pro- hibiting trespass on bird breeding island; prohibiting trapping; providing that such birds may be killed under certain con- ditions; providing for the punishment of violators thereof, and the dispositions of all fines. Section i. Be it enacted by the General Assembly of the State of Louisiana, That all wild birds, other than game birds, both resi- dent and migratory, in this State, shall be, and are hereby declared to be, the property of the State. Sec. 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, tattlers, curlew, plover, wild turkey, imported pheas- ants, grouse (pheasants), prairie chickens, sand hill cranes, ortolans or cedar birds, quail and doves. All other species of wild resident and migratory birds shall be considered non- game birds. Sec. 3. Be it further enacted, etc.. That it shall be unlawful within the State of Louisi- —13 - ana, 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 v^rild non-game bird, after it has been killed or caught, except as permitted by this Act. Sec. 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. Se:c. 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 have such nest or eggs in his or their posses- sion, except as permitted by this Act. Sec. 6. Be it further enacted, etc., That any person or society organized under the laws of this State, desiring to prevent tres- pass upon any land, inclosed or otherwise, or upon any island within the boundaries of the State of Louisiana, dedicated to the purpose of breeding 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 offi- cer, authorized by law. In the event of a con- viction, said person or persons shall each be fined not less than ten dollars ($10.00), nor more than twenty-five dollars ($25.00), or be —14- imprisoned in the parish jail for not less than ten (lo) 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 dis- turbing nest. Sec. 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 pur- pose of catching wild birds. Any person or persons, found so doing, may be arrested on sight, by any warden or other officer, author- ized by law. In the event of a conviction, said person or persons, shall each be fined not less than five dollars ($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 authority 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, contrary 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. Skc. 8. Be it further enacted, etc., That it shall be unlawful for any person or persons or any corporation acting as a common carrier, its officers, agents or servants to receive for -15- shipment, ship, carry, take or transport, either within or beyond the confines of the State, any resident or migratory wild non-game bird, ex- cept as permitted by this Act. Sec. 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 orni- thologists, one of whom shall be a resident of the State, certifying to the good character and fitness of said applicant to be entrusted with such privilege, and must pay to said officer one dollar ($1.00) to defray the necessary ex- pense attending the granting of such certifi- cate. 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 he. 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 thirty (30) days, or both fine and imprison- ment. Sdc 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 canceled at the discretion of the Secretary of State. A statement showing the particulars regard- —16— ing 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." Sec. II. 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 blackbirds, 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 offered for sale or shipped out of the State. Sec. 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 (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, cap- tured, possessed, sold, offered for sale, shipped, carried or transported in violation of this Act. Sec. 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 this State, except that any person furnish- ing to the game wardens or other officers, authorized under the laws of the State to in- stitute a prosecution, sufficient evidence to convict any person or persons, or corporations, for violations of the provisions of this Act, shall receive, in case of a conviction, fifty per cent. (so%) of the fine collected, the same to be paid by a warrant, issued by the "Board of Commissioners for the Protection of Birds, Game and Fish." Sdc. 14. Be it further enacted, etc., That the State and Parish Board of Public Educa- tion are directed to provide for the celebra- ton, by all public schools, of "Bird Day," on May fifth 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. Skc. 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. -18- LIBRARY OF CONGRESS 002 899 424 2 (