639 L931 h 1914 UNIVERSITY OF ILLINOIS LIBRARY AT URBANA-CHAMPAiGN BOOKSTACK8 U2>3lb 3For the (Eonspniation of litres, (Same anl» 3far'-?Sfeann3 Animals ==an& Jffrpsfy-Hatpr 3Fish= PUBLISHED BY THE (Ennammtum ffinmmisaum of Unmstatta CO. INC., NEW ORLEANS Ubkaky OF THE UHUVEESTTY OF ILLINOIS 30 OCT 1914 - ffiams - 3Un* % (Ennspraation of Hirfts, (Sam? anti 3ffar-2lpartng Animals = anh 3Prpal?-Uatpr 3fftslt = PUBLISHED BY THE (Emtaemattmt ffiommisaion nf Hmriatana 1914 y-Xic ?s" 01 L VIi 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 w 7 ay 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, w T ire 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 y 2 ) 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. !' • |i;w| • mm 11 • - '•:• ‘'V ( y,v './• •<• V f • , ;■ j.. ? 1 i' i • *< 1 - _ • 1 <. ‘ '■ - !•... .:., ■,ir r .: :• • >.. ";V ■' n. •, f t ■”, >•' •; /