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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 possession, 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 disposition of the same after such catching, taking, or killing, except that the title to such fish, or birds or wild quadrupeds legally taken shall vest in the person so taking or possessing them, subject to the restrictions and provisions of law.
Game to be Killed in Accordance With Law.
3209. [Sec. 2.] 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 or have the same in possession except as permitted 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. (Amd. Act 47, 1914, p. 112.)
Common Carrier Not to Transport, Except, etc.
3210. [Sec. 3.] No common carrier or person in its employ while engaged in such business of common carrier 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 transporting or shipping for another he must produce a similar written declaration signed by the hunter for whom he is making the shipment, these declarations to be made on forms to be furnished by the Conservation Commission without cost, said forms to be attached to the package containing the shipment: Any hunter failing to attach such form to his shipment or signing the name of another hunter to
any form, or making any false statement in his declaration, shall be guilty of a misdemeanor. If such game be placed in the custody of a common carrier, and transported in any package by the said company, any package containing 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 possessed may be transported within or without the State, if the package containing the same be properly marked to identify it as such.
Noxious Animals May be Killed.
3211. [Sec. 21.] 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 Conservation 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 manner as the Commission may provide.
No Hunting or Trapping Without a License.
3212. [Sec. 14, Act 127, 1912, p. 158.] No person shall at any time hunt, pursue, or kill with a gun any of the wild quadrupeds or birds that are protected during any part of the year, or take with traps or other devices without first having procured a
license to do so, and then only during the respective periods of the year when it shall be lawful.
Police Juries May Pass Game Ordinances.
3213. [Act 135, 1914, p. 250.] The Police Juries of the several parishes throughout the State are hereby authorized and empowered, to prohibit the killing of game animals and game birds, or fish, or the sale, barter or exchange of the same, whether dead or alive, within their respective parishes, and to control or prohibit the transportation thereof for sale, barter or exchange from their respective parishes, the consent of the Conservation Commission having been first obtained for a period of not more than three consecutive years, and they are hereby authorized and empowered to fix penalties for the violation of all ordinances passed in pursuance of the powers hereby vested in them.
3214. [Sec. 1, Act 60, 1896, p. 94.] In addition to the powers already granted by law, the police juries of the several parishes of the State shall have the authority to pass such ordinances as they may deem proper for the preservation of wild game, and game fish, such as trout, bass, speckle perch, etc., in said parishes, and to prescribe time in which it may be taken or killed; and also to prevent idlers and vagrants and professional hunters from camping out or otherwise establishing themselves upon public or vacant lands, for the purpose of taking, trapping or killing fish or game to sell; and to prescribe and enforce the penalty for any contravention of such ordinance.
Act 135 of 1914 has made inoperative this whole section except such parts thereof as apply to idlers, vagrants and professional hunters.
3215. [Sec. 2.] When the police jury has passed an ordinance under this act, any violation of said ordinance is hereby declared to be a misdemeanor triable before the District Court and punishable by a fine of not less than twenty-five ($25) dollars nor more than one hundred ($100) dollars or imprisonment in the parish jail not less than thirty (30) days nor more than sixty (60) days for each offense or both at the discretion of the court.
3216. [Sec. 1, Act 114, 1902, p. 185.] It shall be unlawful for any person or persons to seine in any river, bayou, creek,
lake, pond or stream within the limits of the State of Louisiana, with the intent by the aforesaid means to kill, capture or retard or prevent the free passage of game fish during any season of the year; provided, that this act shall not be so construed as to interfere with trigger traps or other traps placed near the edge of the water only, and which do not retard or prevent the free passage of game fish, and provided, further, that this act shall not be so construed as to prevent the police juries of the respective parishes of this State from licensing seining for garfish, buffalo, carp fish and catfish, which are destructive of the spawn of game fish, that are common to the waters of this State. Provided, that no seine be permitted with a mesh less than three inches, and provided, further, that no seining for the above mentioned fish be permitted without obtaining a license from the police jury of the parish in which the seining is to be done.
Violation of Act a Misdemeanor.
3217. [Sec. 2.] Any violation of this act shall be construed a misdemeanor and may be tried before any court of competent jurisdiction.
3218. [Sec. 3.] Any person or persons violating this act shall, on conviction, be imprisoned not more than thirty days or fined not more than fifty dollars or both at the discretion of the court.
3219. [Sec. 4.] All laws on the same subject-matter be and the same are repealed.
3220. [Sec. 4, Act 204, 1912, p. 403.] The Conservation Commission shall be vested with authority to fix the open season during which 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 wild deer in an open season and may possess two (2) carcasses or parts thereof at any one time.
[Sec. 2, Act 142, 1910, p. 218.] No person within the State of Louisiana shall kill, catch, have in possession or attempt to kill, catch or hold in possesion, living or dead, any wild deer after same has been killed or caught, except as otherwise permitted.
Protecting Doe and Fawn.
3222. [Sec. 3.] It shall be unlawful for any person to kill, catch, or injure any doe or fawn at any time, or have the same in possession, except where they are kept on public or private preserves for purposes of propagation.
3223. [Sec. 4.] Any person in possession of any carcass of a deer or any considerable portion of a carcass of a deer, shall at the same time have in his possession natural evidence of the sex of the same, and the absence of such natural evidence shall be prima facie evidence that the carcass is that of a female.
Night Hunting or During High Water.
3224. [Sec. 5.] 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.
3225. [Sec. 6.] 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.
Snaring and Trapping Prohibited.
3226. [Sec. 7.] It shall be unlawful for any person to snare, trap or capture wild deer, unless it be done by order of the Board of Commissioners for the Protection of Birds, Game and Fish for purposes of restocking, breeding and propagation. Sale of Deer Prohibited.
3227. [Sec. 8.] It shall be unlawful for any person, firm or corporation to sell, exchange, expose, offer for sale, or exchange, have in possession for sale, or keep in cold storage,