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What Bird Not Protected.
3273. [Sec. 11.] The English sparrow, coopers hawk, duck hawk, sharp-shinned hawk, and great horned owl, are not included among the birds protected by this Act.
This Act does not prevent any person from killing crows, crow blackbirds, or red-winged blackbirds, on his premises, if destructive to crops, provided that said birds are not sold or offered for sale or shipped out of the State; neither does it prevent the killing of kingfishers found nesting in the levees of the State, provided said birds are not afterwards sold or offered for sale or shipped out of the State.
3274. [Sec. 12.] 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 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 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. In re Shwartz, 119 La. 290.
Disposition of Fines.
3275. [Sec. 13.] All fines collected, under the provisions of this Act, shall be payable to the State Treasurer, for the use of the Board of Commissioners for the Protection of Birds, Game and Fish, of this State, except that any person furnishing to the game wardens or other officers, authorized under the laws of the State to institute a prosecution, sufficient evidence to convict any person or persons, or corporations, for violations of the provisions of this Act, shall receive, in case of a conviction, fifty per cent (50 per cent) of the fine collected, the same to be paid by a warrant, issued by the Board of Commissioners for the Protection of Birds, Game and Fish.
3276. [Sec. 14.] The State and Parish Boards of Public Education are directed to provide for the celebration, by all public schools, of "Bird Day," on May fifth of each year, being the anniversary of John James Audubon, the distinguished son of Louisiana.
On the recurring anniversary days, suitable exercises are to be engaged in, and lessons on the economic and æsthetic value of the resident and migratory birds of the State are to be taught, by the teachers, to their pupils.
PROPAGATING GROUNDS, PRIVATE LANDS AND
Licensee No Right to Hunt on Private Lands.
3277. [Sec. 20, Act 204, 1912, p. 406, and Sec. 12, Act 142, 1910, p. 220.] 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 another person without the written consent of said owner.
3278. [Sec. 22, Act 204, 1912, p. 406.] The Conservation Commission may establish operate and maintain a propagating ground or nesting place on any or all State game preserves 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.
A private propagating ground, or nesting 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 substantially 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 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 consent 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 established such a private propagating ground cannot hunt thereon. (Amd. Act 47, 1914, p. 115.)
3279. [Sec. 23.] Notices or sign boards, not less than one foot square, warning all persons against hunting or fishing or trespassing thereon, for that purpose, shall be conspicuously posted and maintained on such private propagating grounds or resting place, as 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 shore thereof; if it consists of a stream only, not more than one half mile apart, on the banks thereof. If such propagating ground 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 persons by serving them personally in the name of the owner or owners of such private propagating grounds or resting places with a written notice containing a brief description of the premises, warning all persons against hunting or fishing, or trespassing thereon.
3280. [Sec. 24.] A resident owner or person having the exclusive right to hunt or fish upon enclosed or cultivated lands, or to take fish in a pond or stream and desiring to protect same, shall maintain such notices or sign-boards, as are described in the preceding section, and one sign at each corner thereof; or if waters only, upon or near the shores thereof, in at least two conspicuous 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 purpose.
Fee for Printed Notice.
[Sec. 25.] 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 Commission.
Penalty for Trespass.
3282. [Sec. 26.] 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.
Penalty for Removing Notice.
3283. [Sec. 27.] A person who injures, defaces or removes a notice or signboard, placed or maintained pursuant 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 Twenty-five ($25.00) Dollars.
No Hunting on Preserves.
3284. [Sec. 28.] 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 preserves now designated as such, or that may hereafter be designated as such by the Conservation Commission. The killing or pursuing, with intent to kill, snare or take, or the having in possession of each wild animal or bird, on said preserves, shall constitute a separate offense.
This section shall not prohibit the Conservation Commission from killing or having killed any wolves, wild cats, or other noxious animals, on lands under their supervision, or from having caught or ensnared any wild animals or birds for the purpose of propagation, restocking, educational purposes, or scientific investigation.
No Hunting of Game Imported by Federal Government.
3285. [Sec. 29.] 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 experimentation or propagation. Commission May Accept Land or Waters for Preserves.
3286. [Sec. 30.] The Conservation Commission is hereby empowered to accept from any resident owner, 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, to provide such rules and regulations, not contrary to law, for the conservation of the birds, game and fish found thereon.
3287. [Sec. 31.] A person who violates any provision of the Sections 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 competent jurisdiction.
Queen Bess Island Made a Game and Fish Preserve.
3288. [Sec. 1, Act 172, 1912, p. 312.] All the land known as Queen Bess Island located in Barataria Bay, Township 21 South, Range 25 East, comprising about 50 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 Protection of Birds, Game and Fish or their successors.
Game and Fish Preserve Established in Caldwell.
3289. [Sec. 2, Act 273, 1910, p. 472.] All the land located in Township 14 North, Range 4 East, Louisiana Meridian, in the Parish of Caldwell, and particularly enumerated herein as E. 12 S. W. 4 Sec. 2; N. 1⁄2 N. E. 14, Sec. 9; N. W. 14 N. W. 14, E. 2 N. W. 14, N. E. 14 S. E. 14 and E. 2 S. W. 14, Sec. 10, Sec. 11; S. 11⁄2 N. W. 14, and S. W. 14 Sec. 12; W. 2 Sec. 13; Sec. 14; E. 12 E. 1⁄2 N. W. 4 and E 2 S. W. 14, Sec. 15; N. 1⁄2 N. E. 14, Sec. 22; Sec. 23; W 2 S. E. 14, W. 12, N. E. 14 and S. E. 14, N. E. 14 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 Protection of Birds, Game and Fish.
Game Commission Given Control.
3290. [Sec. 2, Act 172, 1912, p. 312, and Sec. 3, Act 273, 1910, p. 472.] 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.
Regulations to be Made by Board.
3291. [Sec. 3, Act 172, 1912, p. 312, and Sec. 4, Act 273, 1910, p. 472.] It shall be unlawful 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.
3292. [Sec. 5, Act 172, 1912, p. 313, and Sec. 8, Act 273, 1910, p. 473.] Any person, firm, corporation, or common car