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Misinterpretation of Words Can Lead to Citations By Captain Sandy Dares
As in any area of
the law, there are many terms used in wildlife and fisheries law. Some of these are unique terms,
while others are common terms, which are used in a unique manner. Some are specifically defined,
while others revert to their common definitions. In order to understand
many wildlife and fisheries laws, it is necessary to understand how these
terms are used and applied.<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /> When speaking of fish and game, the term
“limit(s)” is used to describe the number of a certain species, which may
be taken or possessed. To
understand limits, it is necessary to differentiate between the different
types of limits. The daily bag limit is the number of a certain
species a person may personally take (harvest) in one day. For fish, this is often referred
to as the creel limit. In
Louisiana, there are no group, boat or party limits; each person must take
his own limit. It is not
legal, for instance, for one person to kill ten ducks and another in the
same blind to kill two for a total limit of twelve (six each). Once a person has taken his limit
for a given day, he may not take any more of that species that day. He may catch and release fish;
however, catch and release is obviously not possible for
game. For most game species, the possession limit is
twice the daily take limit; however, you may not possess more than the
daily bag limit while in the field.
Once you return to a camp or home, you may be in possession of a
legally taken possession limit. Most saltwater fish species have a possession
limit, which is the same as the daily take limit. In 1996, the legislature passed a
law allowing a two-day possession of certain species, such as spotted sea
trout and red drum. This law
is very specific in that the two day limit is not allowed while fishing or while on a
vessel. Also, the daily
bag limit still applies, so this law does not allow you to exceed the
daily limit in any given day. This law is mainly applicable to people with
camps. If your camp is
accessible by land, you may take a limit today, another tomorrow, and
still be legal going home from the camp with a two-day
limit. If your camp may only be reached by boat, you
may bring your first day’s limit back to your vehicle or shore
facility. You may then catch
a limit the next day, and go up the road with two limits. In no case may you take more than
the daily limit in any given day. Tripping is the act of hauling in a limit,
storing it somewhere, then returning to the field the same day and taking
another limit. This technique
is used to exploit the two-day possession limit law. But it is strictly illegal, since
the person is taking more than the daily bag limit in one day. This violation is difficult to
detect, and agents take great pride in making a good tripping
case. Other concepts which can cause confusion are
the terms “take” and possess”.
Under Title 56, which is the main section for wildlife and
fisheries laws, take is defined as follows: “Take” means, in its different tenses,
the attempt or act of hooking, pursuing, netting, capturing, snaring,
trapping, shooting, hunting, wounding, or killing by any means or device.
Hunters and fishermen may question how they can be cited for violations
before they have actually taken game or fish. Under this
definition, attempting to take the game or fish is the same as actually
taking it. Under the hunting
statutes the possession of game without a license has a higher penalty
than merely hunting without a license. Possess is also defined in Title 56. “Possess” means, in its different
tenses, the act of having in possession or control, keeping, detaining,
restraining or holding as owner, or as agent, bailee, or custodian for
another. When possession of fish or other wildlife is prohibited,
reference is made equally to such fish or other wildlife coming from
without the state as to those taken within the state. Sometimes
people have illegal fish or game in their vehicles, boats or containers,
but deny that they took the illegal item. They are still in violation due to
the fact that they are in possession of it. While some may make an honest mistake in the
interpretation of laws, others willfully misunderstand so that they can
exceed legislative restrictions.
It seems to be human nature to ignore common sense interpretations
and understand a law as what we want it to be. It is wise to contact a local
enforcement agent for the official DWF interpretation before engaging in
any activity about which you have
doubts. |