AV P4 ''' , >H AND GAME opy 1 LAWS OF STATE OF KENTUCKY In Force July 1, 1912 FISH AND GAME COMMISSION J. QUINCY WARD, Executive Agent Frankfort, - - Kentucky JUi 22 <11? ^^ CHAPTER 35. AN ACT FOR THE PROTECTION OF GAME AND FISH. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. Game and Fish Commission. A Game and Fish Commission is hereby created; said Game and Fish Commission shall have per- petual succession with power to make and use a corporate seal, with power to alter the same; to adopt by-lav/s, rules and regulation for the government of its members, agents and employes, provided such hy-laws shall not conflict with the Constitution of Kentucky. Said Commission shall consist of four mem- bers, who shall serve without compensation, except for necessary expenses to be paid upon an itemized statement thereof, duly audited by said Commission, and shall have an office in the Capitol and be supplied with suitable sta- tionery, blanks and postage for the transac- tion of its business. § 2. Appointment and Term--Residence — Party Affiliations — Meetings. Within thirty days after this act becomes a law, the Govern- or shall appoint said four Commissioners, two of whom shall serve for two years, and two for four years, and until their successors shall be appointed and qualified; and two members shall be appointed in like manner every two years thereafter to serve for a term of four years each; and, whenever a vacancy or vacancies occur by death, resignation, re- moval from the county, operation of law, or otherwise, the Governor shall, in like manner, immediately appoint some competent person or persons to fill such vacancy or vacancies. The person or persons so appointed shall hold office for the unexpired term, provided, that no two members shall be residents of any one county, and that not more than two members of said Commission shall belong to the same political party. Said Game and Fish Commission shall meet quarterly at its office, and as much oftener as may be necessary. Provided, however, it shall hold its first meeting within thirty days after its appointment. § 3. General Powers and Duties. Said Game and Fish Commission shall enforce the laws of this State involving the protection, preservation and propagation of all game birds, game animals, fish and song and insec- tivorous birds and animals. Said Game and Fish Commission shall have charge of: 1. The propagation, preservation and pro- tection of such varieties of game birds, game animals, fish, and song and insectivorous birds and animals as they shall deem to be of pub- lic value, 2. The collection and diffusion of such sta- tistics and information as shall be germane to tlie purpose of this act. 3. The receiving from the United States Government or other person, and the gather- ing, purchase and distribution to the waters, forests, fields, parks and preserves of this State, of all birds, animals, fish, spawn or fry for public distribution. 4. The seizure and disposition of all game birds, game animals and fish, either taken, killed, transported or possessed contrary to law, of all dogs, guns, seines, nets, boats, lights, or other instrumentalities unlawfully used or held with intent to use, in pursuing, taking, attempting to take, concealing or dis- posing of the same. 5. The taking of fish from the public waters of the State for the propagation and stocking of other waters therein. And the tak- ing of birds and animals from the forests, fields, parks and preserves of the State for the propagation and stocking of other forests, fields, parks and preserves therein. 6. The construction, control and manage- ment of all State fish hatcheries and game preserves, including the control of grounds and buildings owned, leased or in any way acquired for such purpose. § 4. Biennial Report of Commission of Game and Fish. In the month of October, in the year 1913, and every two years thereafter, the Game and Fish Commission shall make a report to the Governor showing the ofiicial business transacted by the Commission. Such report shall show the number of hunter's licenses issued, together with all fees collect- ed. It shall show what moneys have been re- ceived by the Game and Fish Commission from fees and other sources. It shall show the number of wardens and other persons em- ployed, and shall give all necessary informa- tion concerning the affairs of the Game and Fish Commission. Such report shall be pub- lished in pamphlet form. § 5. Executive Agent. Within thirty days after the appointment of the "Game and Fish Commission the Governor shall appoint an executive agent of said Game and Fish Com- mission, who shall devote all of his time to the discharge of his duties, and shall receive compensation therefor, to be fixed by said Game and Fish Commission, not exceeding twenty-five hundred dollars ($2,500.00) per year. He shall act as such executive agent for a term of four years and be subject to the directions of s'aid Game and Fish Commission. When the said Commission is not in session, he is hereby authorized to exercise in its name, all the rights, powers and authority vested in gaid Commission by this act. Before entering upon the discharge of his duties he shall give a bond to the State of Kentucky, with sureties or security to be approved by said Commission, in the penal sum of five thousand ($5,000) dollars, conditioned for the faithful dis'charge of his duties and accounting of all State property coming into his hands, which bond shall be filed with the Secretary of State. § 6. Employes. The Game and Fish Com- missioners may appoint and remove at pleas- ure a sufficient number of game w^ardens, whose jurisdiction shall be coextensive with the State, other persons', and office assistants, as may be necessary to carry out the purposes of this act, and fix their periods of service and compensation. § 7. Possession and Shipment of Birds, Fieh and Animals'. Said Game and Fish Com- mission is hereby empowered and authorized to have in their possession at any time, ship or transport, anywhere in the State, for the purpose of propagation or conservation any and all kinds of fish, birds and animals, § 8. Purchase, Lease, Donation and Con- demnation of Land and Water. Said Com- mission is hereby empowered and authorized to acquire in the name of the Commonwealth of Kentucky by purchase, lease, donation, de- vise or otherwise, either land or water, or both for the purpose of protecting, preserving or propagating such varieties of game birds, game animals or fish as said Commission shall deem to be of public value. If said Commis- sion be unable to agree with the owner or owners or such lands or water as to its value, or to purchase the same, it may proceed in the name of the Commonwealth of Kentucky, in any court having jurisdiction, to condemn 6 such land or water in the same manner as' pro- vided by law in the condemnation of land for railroad purposes. Real estate or water acquir- ed by purchase, lease or condemnation shall be paid for out of moneys appropriated for said purposes by said Commission out of the fish and game protection fund, or which have been appropriated for such purposes by the Legis- lature or which may have been received from any other source for such purposes. § 9. Fish Hatcheries and Game Preserves. Said Commission may establish, operate, con- duct and maintain fish hatcheries and game preserves on any lands or waters acquired by it, and may employ and appoint such persons and assistants at such salaries and for such time as it may deem necessary to operate, conduct and care for them, any of whom may be removed at the pleasure of said Commis- sion. § 10. Appropriations. The said Commission may appropriate annually not exceeding ten per cent of the Fish and Game Protection Fund for that year, for the purpose of estab- lishing, erecting, conducting and maintaining fish hatcheries and game preserves, and pay- ing for land, improvements and waters ac- quired for such purposes by purchase, lease or condemnation. § 11. Sale of Land and Water. Said Com- mission may, with the consent of the Govern- or, when it regards the same to be to the best interests of the State, sell and convey any real estate or building or waters owned or used for the purpose of protecting, preserv- ing or propagating fish, birds or animals; but the proceeds arising from such sales may be reinvested jn other real estate or buildings or water for the protecting, preserving or pro- pagating of fish, birds or animals. § 12. Contracts. The Commission, with the consent of the Governor, may enter into any contract or agreement with the United States' Government or any Department or Bureau thereof, or with any person or persons in regard to the preservation, protection or propagation of fish, game, birds or animals, it may deem to the advantage of the State to enter into. § 13. Powers and Duties of Wardens. It shall be the duty of fish and game wardens and such other persons s'o appointed by the Commission of game and fish, sheriffs and their deputies, constables and their deputies, and all peace officers, to enforce within this State all laws relating to the protection, pre- servation or propagation of fish, birds or game. They may arrest on sight and without warrant any person detected by them in the act of violating any such laws; they shall have the same right as sheriff to require aid in arresting -without process any person found by them in the act of violating any of said laws; and they shall have authority to seize without process any birds, fish, animals or game found in the possession of any such per- 8 sons, together with all dogs, guns, seines', nets, traps, boats, lights or other instrumentalities or devices with which the same were taken or killed, or wliich were being used or held with intent to use in pursuing, taking, attempting to take, concealing or disposing of the same, and forthwith convey said offender before a court or magistrate having jurisdiction of the offense, and such court or magistrate upon the filing of the complaint by such warden or other person or officer, shall proceed speedily to try and determine the truth of the charge, and if said charge is found to be true, said court or magistrate shall enter an order de- claring said birds, game, animals, fish, dogs, guns, seines, nets, traps, boats, lights or other instrumentalities or devices so seized to be contraband, and directing them to be deliver- ed to the Commission of Game and Fish to be disposed of. § 14. Contraband Game, Seizure and Search. Any bird, animal, fish, game, or any part thereof, caught, killed, shipped or had in possession or under control, contrary to any of the provisions of this act, or of any other law of this State relating to fish or game, is hereby declared to be contraband. The Com- mission of Fish and Game, all game wardens, and all other persons so appointed by said Commission, sheriffs and their deputies, con- stables and their deputies', and peace officers, shall seize and take possession of any and all birds, game, fish, or animals, or any part thereof, which have been caught, taken, killed or had in possession, or under control or shipped, contrary . to any of the provisions of this act or any otheir law of this State relating to fisli or game. Any court having jurisdiction may, upon complaint showing probable cause for believing that any bird, fish, game or ani- mal, or any part thereof, caught, taken, killed, or had in possession, or under control, by any pers'on, or shipped, or transported contrary to any of the provisions of thi^ act or of any law of this State relating to fish or game, is con- cealed or illegally kept in any building, car or receptacle, issue a search warrant and cause a seaT'ch to be made in any such place for any such bird, fish, game or animal, or any part thereof, and may cause any building, enclos- ure or car to be entered, and any apartment, chest, box, locker, crate, basket, package, or any other receptacle whatever, to be broken, opened and the contents thereof examined. All such officers taking or seizing any such birds, animals, game, or fish, or any part thereof, shall at once report all the facts attending the same to the Game and Fish Commis'sion, § 15. Contraband Devices. All nets, seines, lanterns, snares, devices, contrivances, mate- rials, while in use, or had or maintained, for the purpose of catching, taking or killing or attracting or deceiving any bird, animal, game or fish, contrary to any provisions of the act, or of any law of this State relating to fish and game, within the State, or upon or in the 10 boundary waters thereof, including fish houses, inclosures, or other sheltering structures or appliances, erected or maintained upon the ice or in any waters, or on the shores of any lake, pond, or stream, is hereby declared to be and is' a public nuisance. The Commission- ers of Fish and Game, all game wardens, and all other persons so appointed by said Com- mission, sheriffs and their deputies, constables and their deputies, and peace officers, shall, without warrant or process, take, seize, abate, and destroy any and all of the same while be- ing used, had or maintained for such purpose, and no liability therefor shall be incurred by any person. § 16. Sale of Contraband. The Game and Fish Commission is hereby authorized to sell to residents of this State, at the highest mar- ket price obtainable therefor, all furs, fish, game, game animals, birds, guns, dogs and boats, which shall come to their possession as contraband under the order of any court or magistrate, or which has been seized under this act, and declared to be contraband by this act or any other law of this State relating to fish or game. One-half of the net proceeds of sale shall be paid to the warden, or other per- son appointed by said Commission, sheriff or his deputy, constable or his deputy, or peace officer, who seized said article of contraband, and the other half of such proceeds thereof shall be turned into the State Treasury and credited to the Game and Fish Protection 11 Fund. A record of such sales', including the name of the purchaser and the price paid, shall be kept by the Commission. Said Com- mission shall, before selling, tag or mark the same in a manner determined by it and said Commission shall destroy all nets, seines, traps, lights and other devices and instrumen- talities which may come to its possession as contraband under the order of any court or magistrate, or which hag been seized under this act, or any other law of this State relat- ing to fish or game, and declared to- be contra- band by. this act, or by any other law of this State relating to fish or game. § 17. Resale. Fish, game, game animals, and birds, or any part thereof, sold pursuant to the terms of the foregoing section, shall not be resold, offered for sale, or held for the purpose of sale, or otherwise disposed of, to any other person by said purchaser. Said fish, game, game animals and birds shall not be bought or taken into possession by any other person than the purchaser from the Commis- sion. § 18. Other Officials — Attorney. The County Attorneys, Commonwealth's Attorneys, sher- iffs and their deputies, constables and their deputies, and other peace officers, are hereby required, and it is made their duty, to enforce the provisions of this act and of all laws of this State relating to fish or game; and the Commission of Game and Fish may employ an attorney or attorneys to perform such legal 12 services as said Commission may require. He shall appear for said Commission in all civil actions in which it or any of its officers or em* ployes or appointees or wardens may- be in- terested officially and may assist the county attorney or Commonwealth's Attorney in the prosecution of criminal actions arising under this act, or under any law of this State relat« ing to fish or game, and when for any reason the county attorney or Commonwealth's At- torney does not prosecute such criminal ac- tions, he rtiay conduct such prosecution on the part of the State with the same authority as the county attorney, or the Commonwealth's Attorney. The compensation to be paid said attorney shall be fixed by the Commission and paid out of the funds provided for the en forcement of this act. § 19. Execution of Writs. The executive agent of said Commission, all members there- of, and wardens and persons' appointed by said Commission shall have full power and authority to serve and execute all warrants and processes of law issued by the court en- forcing the provisions of this act, or of any other law of this State relating to the preser- vation, protection or propagation of game or fish anywhere in the State of Kentucky in the same manner as any constable or sheriff may execute the same and for the purpose of en- forcing the provisions of this act they may call to their aid any sheriff, deputy sheriff, constable, deputy constable, peace officer or 13 any other person and it shall be the duty of all sheriffs, deputy sheriffs, constables, deputy constables, peace officers, and other persons when called upon to enforce and aid in the enforcing of the provisions of this act. § 20. Bonds of Wardens— Conditions of. Before entering upon the discharge of their of- ficial duties, each game and fish warden shall give bond in the sum of five hundred dollars ($500.00) payable to tiie State of Kentucky with two or more sureties to be approved by the Fish and Game Commission, and filed in the office of the Secretary of State, conditioned that he will truly account for and legally apply all money and property which may come into his hands in his official capacity, and that he will faithfully perform all of the duties en- joined upon him by law. § 21. Terms Defined — Agency No Excuse. The word sell and sale as used in this act shall be construed as meaning any sale of or offering to sell or having in possession with intent to sell, use or dispose of the same con- trary to law. The word person shall be deem- ed to include partnerships, associations and incorporations and no violation of any pro- vision of this act or any other law of this State relating to fish or game shall be excused for the reason that the prohibited act was done as the agent or employee of another. Nor that it shall be committed by or through an agent or employes of the person charged. The word possession shall be deemed to in- 14 elude both actual and constructive possession as well as the control of the article referred to. § 22. Blanks and Other Printed Matter Provided. The blanks and other printed mat- ter necessary to carry out the provisions of this act and of the game laws, upon the ap- proval of the Governor, shall be printed under the direction of the Commission, and shall be paid for in like manner and upon the same terms as other public printing. This expense shall be charged to the Game and Fish Pro- tection Fund. § 23. License — Contests of. All licenses shall be dated when issued and shall also au- thorize the person named and described there- in to hunt during the calendar year and then only within the regulations and restrictions provided by law. All hunting licenses shall be numbered consecutively at the time they are printed and the non-resident and resident blanks shall be furnished by the Game and Fish Commission to the county clerks of the various counties. § 24. Resident's License — How Obtained, Any person who has been a bona fide resident of this State for one year then past, may pro- cure a hunter's license for himself or herself by filing his or her affidavit with the county clerk of the county in which he or she resides, stat- ing his or her age, place of residence, postoffice address, height, color, color of his or her eyes and hair, and the fact whether he or she can 15 write his or her name, and by paying to the said county clerk the sum of one dollar ($1.00) which license shall entitle him or her to hunt in all counties of this State, but nothing here- in contained shall be construed as repealing the present law requiring every hunter to ob- tain the written permission of the landowner to hunt on his premises. § 25. Non-Resident or Alien Hunter's Li- cense — How Obtained. Any non-resident or alien of this State or person^^ho has not been a resident of this State for one year may pro- cure a license for hunting by filing his or her affidavit with the county clerk of any county in this State, stating his or her age, place of residence, postoffice address', height, color, color of his or her eyes, and hair, and the fact whether he or she can write his or her name, and by paying to said county clerk the sum of fifteen ($15.00) dollars, which license shall en- title him or her to hunt in all the counties of this State, after receiving the permiss'ion of the owner or agent of the land. § 26. County Clerks Issue Hunting License. The county clerk shall issue all hunting licenses, resident and non-resident, under the seal of his office, to all persons complying with the provisions of this act, and shall sign the same and shall require the person to whom the license is issued to sign his or her name on the margin thereof. He shall keep a correct and complete record of all licenses issued in a book to be furnished by the Game and Fish 16 Commission, which record shall remain in his office and be open to the inspection of the pub- lic at ail reasonable times. § 27. Money Received From License — How Disposed of. The county clerk shall retain of the money received for each license issued the sum of fifteen (15) cents which cover the swearing of the applicant to the affidavit re- ferred to in this act and all other services under this act, and shall pay the balance to the State Treasurer, on the first of each month, which amount shall be converted into the Game and Fish Protection Fund and the said county clerk shall report to the said Game and Fish Commission on the first day of each month the number of licenses issued and the amount of* money remitted to the State Treas'- urer. § 28. Owners — Landlord and Tenants May Hunt on Their Own Land Without License. All resident owners and landowners and mem- bers of their family may hunt upon their own land without license, and tenants and mem- bers of their family may hunt upon their leasehold without license, § 29. License Printed on Distinctive Colors. The license for residents and non- residents shall be printed on distinctive colors. § 30. License Delivered to and Returned by County Clerks. The Game and Fish Commis- sion shall deliver to each County Clerk in the State ten days before the first of May, in each ^ear, as many licenses as may be required and 17 shall charge said clerk with the number issued to him. On the 15th day of December in each year and within ten days thereafter each County Clerk shall return to the Commission all unused licenses and stubs of licenses used. § 31. Game and Fish Protection Fund — Created and Disposed of. All moneys sent to the State Treasurer in payment of hunting licenses, contraband, fines, penalties and for- feitures arising from the Fish and Game Laws of this State shall be set aside by the State Treasurer and shall constitute a fund known as the Game and Fish Protection F'und for the payment of the Game and Fish Commission's necessa-T and incidental expenses; also the payment of the salaries and traveling ex- penses of the Fish and Game Wardens, the Executive Agent, office assistants and other persons appointed or employed by said com- mission and for expenses incurred for any purpose or in consequence of this act and not otherwise provided for. The expense incurred for any purpose or in consequence of this act shall be limited to the amount of money in the Game and Fish Protection Fund and in no event shall the State pay any such salaries or expenses or be liable in any manner therefor except to the extent of such Game and Fish Protection Fund, and the State Auditor shall not issue any voucher or warrant for any ser- vices or expenses of any kind unless the money to pay such vouchers shall, at the time, be on 18 hand in the State Treasury to the credit of the Game and Fish Protection Fund. § 32. False Statement as to Procuring License. Any person who shall make to an officer authorized to issue hunting license a false statement or change or alter his license in any manner shall be punished by a fine of not less than fifty nor more than two hundred ($200.00) dollars to which may be added im- prisonment in the county jail for any period not exceeding thirty days'. § 33. No Person Shall Hunt Without License. No person to whom a license is is- sued under the provision of this act shall be entitled to hunt, pursue, or kill birds, or game in this State, without, at the time of such hunting, pursuing or killing of birds or game he has in his possession his license ready to exhibit the same to any one demanding same, and upon conviction thereof shall be fined not less than ten ($10.00) dollars nor more than twenty-five ($25.00) dollars. § 34. Hunting Without License Prohibited. Any person who hunts in this State without first obtaining a license, permitting him or her to do so, or any person who lends or transfers his or her hunting license to another, upon conviction, shall be punished by a fine of not less than fifty nor more than two hundred ($200.00) dollars. to which may be added im- prisonment in the county jail, for any period not exceeding thirty days, but any resident owner, landlord or tenant and members of 19 their families may hunt upon their own lands, and except further that they may likewis'e hunt upon the adjoining farms to theirs, or leasehold in season without obtaining a hunt- ing license as hereinbefore provided. § 35. Cost of Prosecution — How Taxed. When an arrest for the violation of the Fish and Game Laws of this State is made by the Commission, its executive agent, or by any warden, or person appointed by said Commis- sion, sheriff or his deputies, constable or his deputy, or peace officer and the defendant is convicted there shall be taxed as cost in favor of such Commi5?sion, executive agent, warden or other person or officer making the arrest the same fee as constable is entitled to in misdemeanor cases, and if collected from the defendant shall be paid over to said Com- mission, executive agent, warden or other person or officer, and shall be his personal perquisite. No fee shall be allowed in case of acquittal. § 36. Fines and Penalties — Distribution of. After payment of the percentage of fines allowed by the law to other public officers, one-half of the remainder of all fines, forfeit- ures and penalties collected under this act or any other law of this State, relating to fish or game shall be paid to the Executive Agent. Warden or other persons appointed by the Commission, sheriff or his deputy, constable or his deputy or peace officer, securing the ap- prehension and conviction. Such money shall 20 be paid by the court collecting the same and the remainder shall be forwarded to the State Treasurer and credited to the Pish and Game Protective Pund. § 37. Pines, Penalties and Porfeitures — Disposition of. All moneys collected from fines, penalties and forfeitures under this act or any other act of this State relating to fish or game shall belong to the State Game and Pish Protection Pund, with the exception of that part, which under this act, belongs to the exec- utive agent, wardens and other persons ap- pointed by said commission, and public officers, shall be paid over by the officer authorized to collect said money to the State Treasurer on or before the first day of each month, and shall be credited by him to the Game and Pish Pro- tection Pund. The State Treasurer shall re- port on the first day of each month to the Game and Pish Commission the exact amount of money to the credit of the Pish and Game Protection Pund. § 38. Pines to be Paid in Currency. All fines imposed under the provisions of this act or under any other law of this State relating to fish and game shall be paid in lawful money, that is to say, the currency of the United States of America. § 39. Judges Special Charges as to Gan;ie Laws. The circuit judges shall give the Grand Juries, when organized, the provisions of the game and fish laws strictly in charge and 21 shall urge strict inquiry into infractions there- of. § 40. Monthly Statement of Expenses. The Executive Agent of said Commission shall make out a monthly itemized account of the expenses of the Game and Fish Commission, including the moneys due himself, fish and game wardens, office assistants and all per- sons employed or appointed under this act. and submit the same to the Commission for their approval and upon their approval said Commission shall authorize the Auditor of Public Accounts to draw his warrant on the State Treasurer for the amount to be paid out of the Game and Fish Protection I'und. § 41. Appropriation to Cover First Year's Expenses. The sum of Five Thousand Dollars is hereby appropriated out of any funds in the hands of the Treasurer, not otherwise appro- priated for the support and maintenance of the Game and Fish Commission, for the first year of its existence said amount shall cover all expenses of every kind growing out of this act, including the necessary expenses of the members of said commission, salaries of the Fish and Game Warden, Executive Agent and all persons appointed and employed under this act; and all expenses connected with and growing out of this department of the State Government, and said Five Thousand Dollars shall be repaid to the State out of the first moneys belonging to the Game and Fish Pro- tection Fund. 22 § 42. Local and State Laws Released, All laws and parts of laws general, special or local, in conflict with the provisions of this act as to the Game and Fish Laws of this State are repealed in so far as they so con- flict herewith. Approved by the Governor, March 12, 1912. GAME AND BIRDS. Chapter 35. (Article IV. Subdivision 11, Ky. Statutes.) 1250. Breaking and Entering Park or En- closure for Game. If any person shall wrong- fully break or enter a park or other enclosed grounds used for keeping deer, elk or buffalo, or hunt, drive or chase, take out, maim or kill any deer, elk or buffalo therein, he shall be fined not exceeding twenty dollars, and shall also pay to the person aggrieved treble the amount of damages sustained. 1251. Killing or Wounding Tame Deer. Any pers'on who shall kill or wound a tame or pet deer, not his own, having a bell or collar on, shall be fined five dollars, and pay the owner three times the value of such deer. Copy of Acts relating to the protection of Game and Birds as set out in Kentucky Stat- utes, Carroll 1909. 23 Chapter 57. (Act of February 27, 1894.) Game and Birds. 1939. Buck, Doe or Fawn— When Unlawful to Catch or Kill. It shall be unlawful for any person within this State to catch, kill, or pur- sue with such intent, any buck, doe or fawn, or have the same in possession after it has been caught or killed, between the first day of March and the first day of September in each year. 1940. Squirrel— When Unlawful to Catch or Kill. No person shall catch, kill or pursue with such intent or have the same in posses- sion, after it has been caught or killed, any black (grey) or fox squirrel, between the first day of February and the fifteenth day of June in each year. Provided, Grey squirrels may be killed for the protection of crops. (Word in brackets stricken out by act of March 3, 1894; see sec. 1944a.) 1941. Wild Goose, Teal or Wild Duck— When Unlawful to Catch or Kill. No person shall catch or kill, or pursue with such intent, or have the same in possession after it has been caught or killed, any wild goose, wood-duck, teal or other wild duck, between the first day of April and the fifteenth day of August of each year. 1942. Wild Turkey— When Unlawful to Catch or Kill. No person shall catch, kill, or 24 pursue with sucli intent, or have the same In possession after it has been caught or killed any wild turkey, between the first day of February and the first day of September in each year. 1943. Woodcock— When Unlawful to Catch or Kill. No person ishall catch, kill or pursue with such intent, or have the same in their possession after it has been caught or killed, any woodcock, between the first day of Feb- ruary and the twentieth day of June in each year. 1944. Quail, Partridge or Pheasant — When Unlawful to Catch or Kill. No person shall catch, kill, or pursue with such intent, or have the same in their possession after it has been caught or killed, any quail, partridge or pheas- ant, between the first day of January and the fifteenth ■ day of November in each year. (See sees. 1947, 1944c.) 1944a. Rabbits and Squirrels— Concerning. No person shall kill or pursue with such in-/ tent, or have in his possession when so killed, any rabbit, or squirrel between the fifteenth day of September and the fifteenth day of November in each year. Provided, any one may catch rabbits with dogs, or in snares. (This section is an act of March 18, 1904.) 1944b. Wild Turkey, Pheasants, Grouse, Quail — Concerning. That it shall be unlawful in the State of Kentucky at any time to buy, sell, or expose for sale, or have in possession for the purpose of bartering or selling any 25 wild turkeys, pheasants, grouse, partridge or quail, whicii have been killed within this State. 2. Trans-portation or Possession Unlawful —Exception as to Hunters. That it shall be unlawful for any person, corporation, or com- mon carrier to receive for transportation or to transport, or cause to be transported, or to have in possession with the intent to trans- port, or to secure the transportation of, within or without this State, any of the birds or fowls mentioned in section one of this act, which have been killed within this State. Pro- vided, however, That it shall not be unlawful for such person, corporation or common car- rier to transport a hunter with his game law- fully killed by him within this State. 3. Each Violation Separate Offense. Each bird or fowl so bought, sold offered for sale, had in possession for sale, received for trans- portation, or transported contrary to the pro- visions of this act, shall constitute a separate offense. 4. Penalty for Violation. Whoever violates any provisions of this act shall be fined not less than ten dollars, nor more than twenty- five dollars for a first offense, and not less than twenty five dollars nor more than fifty dollars for any subsequent offense. (This sec- tion is an act of March 24, 1904.) 1944c. 1. • Pheasants— Concerning— Penalty. That it shall be unlawful by any means, what- ever, to catch, kill, or pursue with intent to 26 kill, or have same in possession after they have been so caught or killed, any English ring-neck, Mongolian or Chinese pheasant; Provided nothing herein shall be construed to prevent the importation of such birds into this Commonwealth and the keeping of same in confinement for the purpose of raising, propogating and distributing them in this Commonwealth. Any person violating any of the provisions of this act shall, upon conviction, be punished by a fine of not less than $25.00 nor more than $100.00, and each of said birds so pur- sued, caught, killed or had in possession shall constitute a separate offense. (This section is an act of March 16, 1906.) (And see sec. 1944.) 1945. Dove — When Unlawful to Catch or Kill. No person shall catch, kill, or pursue with such intent, or have in possession after it has been caught or killed, any dove, be- tween the first day of February and the first day of August in each year. 1946. Song or Insectivorous Birds — When Unlawful to Catch or Kill. No person shall at any time catch, kill, or pursue with such intent, or have in possession after the same has been caught or killed, any thrush, meadow-lark, finch, martin, s'wallow, wood- pecker, flicker, oriole, red-bird, tanager, cat- bird, blue-bird or other song or insectivorous bird, except where the same shall be destruc- tive to the fruit or grain crops. 1947. Quail, Partridge or Pheasant. No 27 person shall at any time catcli or kill, or take by means of net, trap, box or snare, or have in possession after having been so caught, killed or taken any quail, partridge or pheas- ant. See sec. 1944. 1948. Nests or Eggs of Wild Birds— When Unlawful to Destroy. No person shall rob or destroy the nests or eggs of any wild bird whatever, save only those of a predatory na- ture, and destructive to other birds or fowls. 1949. Penalty for Violation of Nine Pre- ceding Sections. Any person guilty of violat- ing any of the provisions of either of the pre- ceding sections shall be fined for each offense not less than five nor more than twenty-five dollars. 1950. Possession Within Prohibited Time — Evidence of Guilt. The possession of any of the animals or birds intended to be pro- tected by this law within the periods for which their killing or pursuit is hereby pro- hibited shall be prima facie evidence that the said animal or bird was unlawfully caught or killed, and the possession thereof unlawful. 1951. Selling Within Prohibited Time- Penalty For. Any person exposing for sale any of the animals or birds intended to be pro- tected by this law within the periods for which the taking or killing thereof is hereby prohibited shall, for each animal or bird so exposed for sale, be subject to the same pen- alty as herein provided for the unlawful kill- ing or taking of such animal or bird. 28 1952. Each Offense Separate and Punish- able — Joinder of Offenses. The unlawful kill- ing, catching or possession of each and every- one of the animals or birds intended to be pro- tected by this law shall constitute a separate and distinct offense, and shall be punished ac- cordingly, and two or more offenses may be joined, in the same warrant or indictment therefor; and the person so offending, if con- victed, shall be fined for each offense, and fifty per centum of said fine shall be paid to the informer. 1953. Magistrates and Judges — Duty and Powers of. Any county judge, justice of the peace, or police or other magistrate, upon re- ceiving sufficient proof by affidavits that any of the provisions of this chapter have been violated by any person being temporarily within his jurisdiction, but not residing there- in permanently, or by any person whose name or residence is unknown, is hereby authorized and required to issue his warrant for the ar- rest of such person, and cause him to be held to bail to answer the charges against him; and any such justice or magistrate, upon re- ceiving proof or having reasonable grounds to believe that any game mentioned in this chap- ter is concealed during any of the periods for which the possession thereof is prohibited, shall issue his search-warrant, and cause search to be made in any house, market, boat, box, package, car or other place, and shall 29 cause the arrest and trial of any person in whose pos'session such game is found. 1954. Mayors tind Market-Masters — Penal- ty of Officer Failing to do Duty. It is hereby made the duty of the several mayors of the several cities and towns within the Common- I wealth to require their respective police or constabulary force, and it is hereby made their duty, as well as the duty of all market- masters' or clerks of markets of any cities or towns to diligently search out and arrest or have arrested, as for a misdemeanor, all per- I sons violating the provisions of this chapter by having any game mentioned herein unlaw- fully in their possession, or offering the s'ame for sale during any of the periods during which the killing of such game is prohibited. And any officer whose duty be to enforce the ' provisions of this chapter, who shall fail or i refuse, upon sufficient information, to dis- j charge the duties imposed upon him by this I chapter, shall be held guilty of misfeasance in I office, and shall, on conviction thereof, be j punished by fine of not less than twenty nor i more than fifty dollars for each offense. Any I act conflicting or inconsistent with this act or amendment is hereby repealed. 1954a. 1. Unlawful to Kill, Purchase or Have Poss'ession of Birds, or Plumage of Ex- cept Game Girds. That no person shall within the State of Kentucky kill, catch or have in \ his possession living or dead, any wild bird other than a game bird, or purchase, offer or 30 expose for sale, transport or ship within or without the State, any such wild bird after it has been killed or caught except as permitted by this act. No part of the plumage, skin or body of any bird protected by this section shall be sold or had in possession for sale. For the purposes of this act the following only shall be considered game birds: The Anatidae, commonly known as swans, geese, brant, and river and sea ducks; the Rallidae, commonly known as rails, coots, mud-hens, and gallinules; the Limicolae, commonly known as shore birds, plovers, surf birds, . snipe, woodcock, sandpipers, tattlers and cur- lews; the Gallinae, commonly known as wild turkeys, grouse, prairie chickens, pheasants, partridges and quails, and the species of Col- umbidae, commonly known as mourning doves. 2. Nests or Eggs of Birds and Game — Un- lawful to Destroy. No person shall within the State of Kentucky, take or needlessly destroy the nest ' or the eggs of any wild bird other than a game bird, or have such nests or eggs in his or her possession, except as permitted by this act. 3. Penalty for Violating This Act. Any person violating any of the provisions of this act shall be guilty of a misdemeanor and shall be fined five dollars for each bird living or dead, or part of bird, or nest or set of eggs or part thereof, possessed in violation of this act; or shall be imprisoned not less than five nor more than thirty days for each offense; 31 or shall be subject to both such fine and im- prisonment at the discretion of the court. 4. Persons Exempt From This Act. Sec- tions 1, 2 and 3 of this act ehall not apply to any person holding a certificate giving Ihe right to take birds, their nests or eggs for scientific purposes', as provided for in section 5 of this act. 5. Certificate of Exemption — Application For. Certificates may be granted by any in- corporated society of natural history in the State, through such persons or officers as said society may designate, to any properly ac- credited person of the age of fifteen or up- ward; permitting the holder thereof to collect birds, their nests or eggs, for strictly scien- tific purposes only. In order to obtain such certificate the applicant for the same must present to the person or persons having the power to grant such certificates written testi- monials from two well known scientific men, certifying to the good character and fitness of said applicant to be intrusted with such privi- lege; must pay to such person or officers one dollar to defray the necessary expenses at- tending the granting of such certificates, and must file with said persons or officers, a properly executed bond, in the sum of two hundred dollars, signed by two responsible citizens of the State as securities. On proof that the holder of such certificates has killed any bird, or taken the nest or eggs of any bird, for other than scientific purposes, this 32 bond shall be forfeited to the State, and the certificate become void, and said holder shall be further subject for each such offense to the penalties provided therefor in section 3 of this act. 6. Certificates Not Transferable— Time of. The certificates authorized by this act shall be in force only during the calendar year in which issued and shall not be transferable. 7. Birds Not Protected. The English or European house sparrow, great horned owl, sharp-skinned hawk, Cooper's hawk, crow and crow blackbird are not included among the birds protected by this act. 8. Birds Injuring Fruit or Crops. Nothing in this act shall prevent any citizen of the State of Kentucky from destroying birds found injuring fruit or crops on his premises; provided, that such birds when killed shall not be sold or shipped out of the State. 9. Repealing Clause. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. This section is an act of March 21, 1902; the numbers of the sub-sections are the numbers of the act.) 1954b. 1. Non-resident Hunters to Have License. It siiall be unlawful for any person who is a non-resident of the State of Ken- tucky to hunt anywhere within the State of Kentucky any of the wild animals, fowls, or birds that are protected during any part of the year without procuring a license to do so, and 33 then only during the respective periods of the year when it shall be lawful to do so. 2. License — How Obtained. Said license shall be procured in the following manner, to- wit: The applicant shall fill out a blank applica- tion to be furnished by the clerk of the county court of any county of the State of Kentucky, stating the name, age, occupation and place of residence of the applicant, which applica- tion shall be sworn to before some person au- thorized to administer oaths in the State of Kentucky, or in the State in which the appli- cant resides. Upon the presentation of such application to the clerk of the county court of any county in the State of. Kentucky, such clerk shall issue applicant a license to hunt in any county in the State of Kentucky. FISH. Copy of Acts Relating to Protection of Fish as Set Out in Kentucky Statutes, Carroll 1909. 1252. Injuring F'ish Pond — Fishing in Pri- vate Pond Without Leave. If any person shall break or cut down, cut out or destroy any head or dam of any pool, pond, moat, stew, stagnet or pit, wherein fish are or shall be put or stored by the owner or person in pos- session thereof, or shall wrongfully and with- out leave fish in any of the places above enu- merated, he shall be fined not exceeding fifty dollars, or imprisoned not exceeding three 34 months, or both, and pay the party aggrieved treble the damages sustained. 1253. Poisoning or Dynamiting Fish Stream, Pond or Pool. If any person put, or cause to be put, in any stream, dam, pool or pond any liquid, berries, powders, medicine or other thing, or explode, or cause to be ex- ploded, dynamite or any other substance, whereby fish, great or small, are or may be sickened, intoxicated or killed, or the water rendered unfit for use, or stench be produced, he shall be fined not less than ten nor more than one hundred dollars, and imprisoned in the county jail not less than thirty days nor more than six months, in the discretion of thq jury, for each offense. 1259. Hunting or Fishing on Another's Land. Any person who shall enter upon the inclosed lands of another for the purpose of shooting, hunting or fishing, without the con- sent of the owner or occupant of said lands, shall be fined not less than five nor more than twenty-five dollars. 1392a. 1. Fish Ladders or Roads to be Con- structed Across. All persons owning dams constructed across any stream in this Com- monwealth, where the annual tides in said streams are not sufficiently high to admit the passage of fish over said dams, shall be re- quired to erect and maintain over said dams, during the months of April, May and June of each year fish ladders or roads, constructed 35 in such manner as to allow the passage of fish over said dams. 2. Dams Act Does Not Apply To. This act shall not apply to locks and dams constructed across large rivers to facilitate navigation. 3. Penalty For Violating. Any person vio- lating the provisions of this act shall, upon conviction thereof, be fined not less than twenty-five dollars nor more than one hundred dollars. (This section is an act of March 21, 1906.) 1392b. Penalty For Obstructing Streams by Dams. That it shall be unlawful for any per- son to obstruct any stream or erect any dams below ten miles from the head of said streams In this Commonwealth, which is navigable for the running of push boats', floating of saw logs, staves or ties, by erecting any dams or other obstruction, or refusing to remove same, which have heretofore been erected not in ac- cordance with the statutes of this Common- wealth; and any person so offending shall, upon conviction, be fined not less' than fifty dollars and not more than five hundred dollars for each offense. (This section is an act of March 21, 1906.) 36 Chapter 53. (Acts of 1893 and 1894.) Fish. (Act of 1893, Sees. 1894-98; act of 1894, sees. 1899-1905.) 1894. Nets or Contrivances Preventing Fish Passing — Penalty For Using. That it shall be unlawful for any person or persons to have located in any of the running waters of this State any wing-net, set-net, gill or trammel-net, or any other contrivance, for the purpofie of catching fish, or that will material- ly hinder the passage of fish in such waters. Such person or persons so obstructing the waters for any of the above named purposes by any of the above named methods shall be guilty of a misdemeanor, and on conviction thereof before any court of competent juris- diction, shall be fined not less than ten dol- lar's nor more than twenty-five dollars for each offense. (See sec. 1899.) (Dams to be ar- ranged to permit passage of 1392a.) 1895. Poisonous Drugs or Bait — Penalty for Using. That any person or persons who shall place or cause to be placed in any of the waters of this State any drug, poisonous substance or medicated bait, with intent thereby to injure, poison or catch fish, shall be guilty of a misdemeanor, and, on convic- tion thereof, shall be fined not less than 37 twenty dollars nor more than fifty dollars for eacli offense. (See sec. 1900.) 189G. Dynamite or Explosive Agent — Penal- ty for Using. That any person or persons who shall place or cause to be placed in any of the waters of this State any dynamite or explosive agent, with intent thereby to injure or catch fish, shall be guilty of a misde- meanor, and, on conviction thereof, shall be fined not less than fifty dollars nor more than one hundred dollars for each offense; and, on failure to pay a fine as fixed by either section 1894, 1895, 1896, shall he confined in the county jail, workhouse or placed at labor on any of the public works of said county for a length of time not exceeding one day for every two dollars of said fine. (See sec. 1900.) 1897. Jurisdiction of Courts. That the cir- cuit courts of the respective counties of this State, and any justice of the peace of the county wherein any of the offenses herein enumerated are committed, shall have juris- diction to try such offenses and assess fines for same. (See sec. 1902.) 1898. Judge to Charge Grand Jury Con- cerning. That it shall be the duty of the judge in all circuit courts of the respective counties of the State to give special charge of this act to each grand jury of said court. (See sec. 1903.) • 1899. Seining, Netting or Trapping Pro- hibited — Penalty. That it shall be unlawful for any person or persons to catch or destroy 38 fish in any of the running waters, lakes or ponds, other than private ponds of this State, by means of a seine, net, other than a dip- net, drag or trap, except streams forming a boundary line between this and other States (and the lakes' and ponds adjacent thereto.) Anyone thus offending shall, on conviction, be fined in a sum not less than twenty-five dol- lars nor more than fifty dollars for each of- fense, and cost of prosecution. (Words in brackets inserted by act of March 21, 1896.) 1900. Drugs or Explosives in Water Pro- hibited — Penalty. That any person or persons who shall place, or cause to be placed, in any of the running waters designated in section 1899, any drug, injurious substance, medicated bait, or any dynamite or other explosive agent, with intent to injure, poison or catch fish, shall be guilty of a misdemeanor, and on conviction thereof, shall be fined not less than fifty dollars nor more than one hundred dol- lars for each offense and cost of prosecution. (See sec. 1253.) 1901. Penalty— Who Entitled To. That sixty per centum of all the fines collected for violations of the provisions of this act shall be paid into the treasury of the county in which such fines are imposed, the remaining forty per centum to be paid to the civil offi- cer securing the apprehension and conviction. 1902. Jurisdiction of Courts. That the cir- cuit courts of the respective counties of the 39 State, wherein any of the offenses herein enumerated are committed, shall have exclu- sive jurisdiction to indict, try and punish such offenders. 1903. Charge to Grand Jury. That it shall be the duty of the judge in all circuit courts of the respective counties of the State to give this act specially in charge to each grand jury of said court. 1904. Minnows May Be Caught. That this act shall not be construed to prevent any person from using minnow seines less than ten feet in length and four in depth to catch minnows for bait or trot-lines or pole and line to catch fish. 1905. Repealing Clause. That acts or parts of acts heretofore passed in conflict with this act are hereby repealed. Chapter 68. An Act to amend Section 1896 of the Ken- tucky Statutes, relating to the destruction of fish by guns loaded with steel balls and cop- per jackets. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That Section 1896 of the Kentucky Stat- utes, relating to dynamiting fish, be, and it is hereby, amended so as to read as follows, to- wit: 1896. Dynamiting or Explosive Agent — Penalty for Using. That any person or per- 40 sons who shall place or cause to be placed in any of the waters of this State or shall aid or assist in so doing, any dynamite or ex- plosive agent, or who shall shoot into any of the waters of this State with a gun or pistol loaded , with steel balls, copper jackets or other hard substance other than an ordinary leaden ball, with intent thereby to kill, in- jure, or catch fish, shall be guilty of a mis- demeanor, and on conviction thereof, shall be fined not less than, fifty dollars nor more than one hundred dollars for each offense; and on failure to pay a fine as fixed by either Section 1894, 1895 or 1896, shall be confined in the county jail, workhouse or placed at labor upon any of the public works of said county for a length of time not exceeding one day for every two dollars of said fine. Approved March 22, 1910. LIBRPRY OF CONGRESS 002 899 420 5