SK 401 .P4 1910a Copy 1 LAWS I;"OU Till'. PROTECTION BIRDS, GAME and FISH Zl) BY riiV. LRCilSLA^TJRK or Tin: S'r. \-['l;, LOUISIANA bcss;^>n of iVi*'. 1K3A^D OF COMMISSIONERS BIRDS, GAMh AND IlciH ]\ ill.EANS .. Hamiul's & Jones Baton Rouge, LouiSiaii \.= ^J ! A^' v^'^ LAWS FOR THE PROTECTION OF BIRDS, GAME and FISH PASSED BY THE LEGISLATURE OF THE STATE OF LOUISIANA Session of 1910. Ramires & Jones Baton Rouge, Louisiana 1910 INDEX. Page. Act No. 24 — For the protection of fish, making- it a misdemeanor to throw or place dynamite, etc., acids or other dele- terious substances in the wa.ters of the State 5 Act No. 183 — To protect rice planters and owners of canals against the pollution of same by salt water, oil, etc 6 Act No. 198 — To impose a license tax upon dogs 7 Act No. 208 — To regulate the killing of seagulls 7 Act No. 258 — To declare the waters of bayous, lagoons, lakes, bays and rivers the property of the State 8 Ate No. 268 — For the protection of bears, and providing the man- ner in which said animals may be killed 8 Act No. 273 — For the creating of game and fish preserves, and to provide for the control and portection of same 10 Act No. 312 — For the protection of fur-bearing animals 12 ACT NO. 24. House Bill No. 58. AN ACT For the protection of fish, by making it a misdemeanor to throw or place dynamite, lyddite, gun powder cartridges, cannon crackers or any other explosive or to throw or place acids, or • lime which have not been used in manufacturing or com- mercial processes, india berries, saw dust, green walnuts, wal- nut leaves, or any other deleterious substance in the waters of the State and to provide for the punishment of violations thereof. Section 1. Be it enacted by the General Assembly of the State of Louisiana, that in order to prevent the killing of fish, it shall be unlawful for any person to throw or place dynamite, lyddite, gun powder cartridges, cannon crackers, or any other ex- plosive or to throw or place acids, or lime which have not been used in manufacturing or commercial processes, india berries, saw dust, green walnuts, walnut leaves, or any other deleterious sub- stance into, or on, or where it will run into, the waters of the bayous, lagoons, ponds, lakes, bays, rivers, sounds, or in the Gulf of Mexico within the territorial jurisdiction of this State. Section 2. Be it further enacted, etc., That any person vio- lating the provisions of this Act 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 nor more than twelve (12) months, at the discretion 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." Section 3. Be it further enacted, etc.. That all laws or parts of laws in conflict with the provisions of this A.ct are hereby re- pealed and superseded. ACT NO. 183. House Bill No. 19. AN ACT To protect the rice planters and owners of the canals who use water for irrigation purposes against the pollution of the streams by salt water, oil and other substances, and also to protect the fish in said streams and making it a misdemeanor to contaminate said streams by draining or permitting the said water to be drained in said streams. Section 1. Be it enacted by the General Assembly of the State of Louisiana, That it is hereby declared unlawful and a misdemeanor for any officer, manager, or employee of any cor- poration or any person acting for himself, or for any one else to knowingly and willfully empty or drain into, or permit to be drained from any pumps, reservoir, wells, or oil fields into any of the natural streams or drains of the said State, from which water is taken for irrigation purposes any oil, salt water, or other noxious or poisonous gases or substances which would render said water unfit for irrigation purposes or would destroy the fish in said streams. Provided, that the operators or owners of wells shall have the right to turn their water from wells, reservoirs or tanks into the rivers, bayous, streams or other waterways, be- tween September 1st, and March 1st of each year, and are pro- hibited from doing so between March 1st and September 1st of each year. Said owners or operators shall provide reservoirs or tanks and shall keep the water out of the said streams or water- ways during the close season, and shall pay for a watchman night and day to prevent leaks, breaks, secret pipes or violations of this law. It shall also be the duty of said operators or owners to plainly indicate to whom each reservoir or tank belongs by post- ing same, and shall be subject to inspection at all times by the legal authorities. Section 2. Be it further enacted, etc.. That for each and every violation of said Act there shall be imposed upon any person so offending, Avhether acting in his individual capacity or for others, a fine not less than One Hundred Dollars ($100.00) nor more than Two Thousand Dollars ($2,000.00), or imprisonment in the parish jail not less than thirty days nor more than three months in the discretion of the court trying the same. Section 3. Be it further enacted, etc. ; That for each and every day that said oil, salt water, or other substances is permitted to flow into such streams, shall constitute a separate offense. Section 4. Be it further enacted, etc. ; That all laws and parts of laws in conflict herewith are hereby repealed. ACT NO. 198. House Bill No. 322. AN ACT To authorize the Police Juries througnout the State of Louis- iana to impose a license tax upon dogs, to enforce the same by penalties, and to devote the proceeds of said licenses to education. Section 1. Be it enacted by the General Assembly of the State of Louisiana, That the Police Juries throughout the State be and they are hereby authorized and empowered and shall im- pose an annual license tax upon all dogs in their respective par- ishes make such regulations and to impose such penalties as they may deem fit to enforce the collection of said tax. Section 2. Be it further enacted, etc., That no license shall be imposed for a greater sum than two dollars. Section 3. Be it further enacted, etc.. That the payment of the license herein provided for shall constitute as property, the dog upon which it is paid. Section 4. Be it further enacted, etc.. That all the licenses and penalties collected under the power herein granted, less necessary costs of collection, shall be turned over by the dif- ferent Police Juries to the respective School Boards of the par- ish in which the license and penalties are collected. ACT NO. 208. House Bill No. 176. 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 violation hereof ; , and to repeal all laws or parts of laws in conflict herewith. Section 1. Be it enacted by the General Assembly 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 first day of February and the first day of August of any year. Section 2. Be it further enacted, etc.. That it shall be un- lawful 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-fivp 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 re- pealed. ACT NO. 258. House Bill No. 57. AN ACT To declare the waters found m the bayous, lagoons, lakes, bays, and rivers of the State to be the property of the State, and the beds thereof. Section 1. Be it enacted by the General Assembly of the State of Louisiana, That the waters of and in all bayous, lagoons, lakes and bays and the beds thereof, within the borders of the State not at present under the direct ownership of any person, firm, or corporation are hereby declared to be the property of the State. There shall never be any charge assessed against any person, firm or corporation for the use of the waters of the State for municipal, agricultural or domestic purposes. Section 2. Be it further enacted, etc., That while acknowl- edging the absolute supremacy of the Federal Government over the navigation on and in the navigable waters within the bor- ders of the State, yet nevertheless it is hereby declared and affirmed that the ownership of the -water itself and the beds thereof in said navigable streams is vested in the State and that the State has the right to enter into possession of said waters when not interfering with the control of navigation exercised by the Federal Government thereon, provided this Act is not in- tended to interfere with the acquisition in good faith of any waters or the beds thereof transferred by the State or its agencies prior to the passage of this Act ; provided further this Act shall not efi^ect the acquisition of property bj'' alluvion or accretion. ACT No. 268. House Bill No. 358. 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 animals may be killed; to authorize the hunting of said animals, and to provide for the punishment of violatioDs of this Act. Section 1. Be it enacted by the General Assembly of the State of Louisiana, that all bears found in this State shall be and are hereby declared 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, except as otherwise permitted. Section 3. Be it further enacted, etc.. That it shall be UU' lawful for any person to trap, or attempt to trap a bear at any time. Section 4. Be it further enacted, etc., That it shall be -un- lawful 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. Section 5. Be it further enacted, etc., That it shall be un- lawful for any person to kill, pursue, take, snare, have in pos- session, or injure by any means, upon the land or water of any game or fish preserve in any Parish of the State, whether en- closed 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 bear, except under regulations of the Board of Commission- ers for the Protection of Birds, Game, and Fish, the killing or having in possession of each such animal shall constitute a sepa- rate offense. Section 6. Be it further enacted, etc., that it shall be unlaw- ful for any person, firm, corporation, or common carriers, its of- ficers, agents, or servants, to ship' carry, take or transport beyond the confines of the State, any bear at any time; except under written permission of the Board of Commissioners for the Pro- tection of Birds, Game pnd Fish. Section 7. Be it further enacted, etc.. That it shall be unlaw- ful 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 un- lawful for any non-resident or unnaturalized foreign born res- ident, to hunt bears within the State unless' he ha« in his pos- 10 session the hunting license provided by law for such persons, and shall exhibit same on demand of any warden, of officer. All non-residents coming into the State to hunt bears, shall report in writing upon arrival at their destination to the Parish Game Warden. Section 9. Be it further enacted, etc.. That an person, firm or corporation or common carrier, their agents and officers, vio- lating any of the provisions of this Act, shall be deemed guilty of a misdemeanor, and shall on conviction thereof, pay the costs of the prosecution, and be fined not less than five dollars ($5.00^ nor more than One Hundred Dollars ($100.), or be imprisoned in the Parish jail for not less than One day (1), nor more tlian sixty (60), days, or both fine and imprisonment at the discre- tion of the Court, for each offense, in addition thereto the holder of a hunting license found guilty of violating any of the pro- visions of this Act before a competent Court, shall forfeit said license and all further hunting privileges during the current season. Section 10. Be it further enacted, etc.. That all fines collected ander 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 collection of said fines turned over to the Treas- urer. Section 11. Be it further enacted, etc.. That all brvs or parts of laws in conflict with the provisions of this Act ar:> lij-reby repealed and superseded. ACT No. 273. House Bill No. 28. AN ACT For the creating of Game and Fish Preserves ; to provide for the control of same and for the protection of the game and fish thereon ; to set apart certain State lands for fish and game preserves; to authorize the Board of Commissioners for the Protection of Birds, Game and Fish to designate and set apart hereafter as many game and fish preserves as it may deem necessary to protect wild animals and birds that may be imported by any person, association of persons, or by the Federal Government under proper restrictions for the pur- pose of experimentation or propagation ; and to provide for punishment of violations of this Act. Section 1. Be it enacted by the General Assembly of the State of Louisiana, That all the swamp and marsh land in Town- 11 ship 18 South, Range 25 East; Township 19 South, Range 26 East; To\\Tiship 20 South, Range 26 East; and Township 20 South, Range 27 East; located in the Parishes of Plaquemines and Jefferson on the West side of the River is hereby designated and set apart as a State Game and Fish Preserve, and placed under the control of the Board of Commissioners for the Protec- tion of Bird, Game and Fish. Section 2. Be it further enacted, etc.. That all the land located in Township 14 North, Range 4 East, Louisiana Meridian, in the Parish of Caldwell, and particularly enumerated herein as E. 1/2 S. W. % Sec. 2 ; N. 1/2 N. E. 1/4, Sec. 9 ; N. W. 14 N. "W. 14, E. 1/9 N. W. 14, N. E. 14 S. E. 14 and E. 1/2 S. W. 14, Sec. 10, Sec. 11; S. i/> N. W. i^, and S. W. 14 Sec. 12; W. 1/-, Sec. 13; Sec. 14; E. 1/0 E. 1/2 N. W. % and E. 1/0 S. W. %, Sec. 15; N. 1/2 N. E. 14, Sec. 22; Sec. 23; W. 1/2 S. E. 14, W. 1/2, N. E. 14 and S. E. 14. N. E. i^ Sec. 24, Sec. 25. ; Sec. 26 ; Sec. 36, comprising in all 6240 acres, is hereby designated and set apart as a State Game and Fish Preserve, and placed under the control of the Board of Commissioners for the Pro- tection of Birds, Game and Fish. Section 3. Be it further enacted, etc.; That the Board of Commissioners for the protection of Birds, Game and Fish shall have absolute control and full authority to use said lands for the purpose of conserving and increasing the supply of game and fish living thereon. Section 4. Be it further enacted, etc. ; That it shall be unlaw- ful to hunt or fish on said preserves except under such rules and regulations as may be made by the Board of Commissioners for the protection of Birds, Game and Fish. Section 5. Be it further enacted, etc.; That it shall be un- lawful 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 preserves now designated or that rday hereafter be designated by the Board of Commissioners for the protection of Birds, Game and Fish. The killing or pursuing with intent to kill, snare, or take, or the having in possession of any wild animal or bird on said pre- serves shall constitute a separate offense. This Section shall not prohibit the Board of Commissioners for the Protection of Birds, Game and Fish from killing or hav- ing killed any wolves, wild cats, or other noxious animals on lands under their supervision, or from having caught or snared any wild animals or birds for the purpose of propagation, restocking or scientific investigation. Section 6. Be it further enacted, etc. ; That it shall be un- lawful to catch, kill, snare, or pursue, any wild animal or bird, 12 imported into this State by the Federal Government, or by any person, or association of persons under the supervision and consent of the Board of Commissioners for the protection of Birds, Game and Fish for the purpose of experimentation or propagation. Section 7. Be it further enacted, etc.; That the Board of Commissioners for the protection of Birds, Game and Fish is hereby empowered to accept from any person, firm, corporation, State or Federal Government, any lands or waters suitable for game and fish preserves, to designate and set apart same as game and fish preserves and to provide such rules and regulations, not contrary to law for the conservation of the birds, game, and fish found thereon. Section 8. Be it further enacted, etc.. That any person, firm, corporation, or common carrier, their agents and officers violat- ing any of the provisions of this Act, shall be deemed guilty of a misdemeanor, and shall on conviction thereof, pay the costs of the prosecution, and be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) or be imprisoned in the parish jail for not less than thirty (30) days, nor more than six (6) months, or both fine and imprisonment at the discretion of the Court, for each offense. Section 9. 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 collection of said fines turned over to the Treasurer. Section 10. 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. ACT No. 312. Senate Bill No. 21. To amend Section 1 of Act No. 79 of 1906, entitled "An Act for the protection of fur-bearing animals in the State of Louisiana, and fixing fines and penalties for the violation of the provisions of this Act" so as to read as follows: Section 1. Be it enacted by the General Assembly of the State of Louisiana, That Section 1 of Act No. 79 of 1906, be amended so as to read as follows: Section 1. That it shall be unlawful in this State to catch, trap or kill, or pursue with intent to catch or kill, between the first day of February and the first day of November in any year, an otter, beaver, mink or raccoon.