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.