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AME LAWS



OF THE



STATE OF ARKANSAS



IN FORCE AUGUST 12, 1911



ISSUED BY

EARLE W. HODGES
Secretary of State






•*.



GAME LAWS

OF

ARKANSAS



IN FORCE AUGUST 12, 1911



FISH AND GAME.

Skc. 3598. All game and fish, except fish
in private ponds, found in the limits of this
State, are declared to be property of the State,
and the hunting, killing and catching of same
is declared to be a privilege. — Act April 14,
1893.

Skc. 3599. It shall be unlawful for any per-
son who is a nonresident of the State of Ark-
ansas, to shoot, hunt, fish, or trap at any sea-
son of the year. Provided, that nonresidents
may fish with a hook and line in Spring River
in the Northern District of Sharp and Fulton
Counties, State of Arkansas. — Act April 13,
T905.

FISH.

Skc. 3600. No person shall be allowed to
place, erect, or cause to be placed or erected,
or maintained in any of the waters of this
State, or in front of the mouth of any stream,
slough or bayou, any seine, net, gill-net, tram-
mel-net, set-net, bag-weir, bush-drag, and



fish-trap or dam, or any other device or ob-
struction, or by any such means to take or
catch any fish in the waters of this State.
Provided, the prohibition of this section shall
not apply to waters wholly on the premises
belonging to such person or persons using
such device or devices; and, provided, further,
it may be lawful to use a very small seine not
to exceed fifteen feet, for catching very small
fish, usually called minnows, which may thus
be caught to be used for bait or for stocking
other waters with fish, but for no other pur-
poses. Provided, further, it shall not be unlaw-
ful for any person or persons to use a seine
with meshes not less than four inches square,
and any person using a seine with meshes less
than four inches in width shall be guilty of a
misdemeanor, and upon conviction, shall be
fined in any sum not less than twenty-five
dollars nor more than fifty dollars, and such
nets shall be and are hereby declared a nui-
sance, and no person shall be liable in damages
to the owner or owners of said nets, for de-
stroying the same, and it is hereby made the
duty of all sheriffs, constables and peace
officers to destroy all such nets unlawfully
used, upon receiving information of their use,
under penalty for failure so to do of a fine of
not less than twenty-five dollars and not more
than fifty dollars. Provided, further, it shall
not be unlawful for any person or persons to
use a seine or net not exceeding sixty feet in
length in any unnavigable stream or lake in
this State to catch fish for family use, or
for picnics, and not for sale, nor shall it be
unlawful for any person or persons to 'place
traps in the unnavigable streams of this State ;
provided, such traps do not obstruct the free
passage of fish ascending and descending such
streams. Provided, further, that the pro-
visions of this act shall not apply to the fol-
lowing-named counties : Miller, Lafayette,



Stone, Johnson, Jefferson, Lee and Phillips.
Provided, this Act shall not repeal any special
Act on the subject. — Act May 23, 1907.

Sec. 3601. Any person who shall violate
any of the provisions of the preceding section,
shall, on conviction, be deemed guilty of a
misdemeanor and shall be fined in any sum
not less than five dollars nor more than two
hundred dollars. — Act March 17, 1885, as
amended March 26, 1889.

Sec. 3602. It shall be unlawful for any
person, persons or corporation, to own, con-
trol, use or construct, in any river or creeks
of this State, any fish-trap for the purpose of
catching fish therewith. Every person or cor-
poration violating any of the provisions of this
act shall be guilty of a misdemeanor, and
upon conviction thereof, shall be fined in any
sum not less than twenty-five dollars, nor
more than fifty dollars, and that each violation
of this act shall constitute a separate offense.
Provided, this act does not apply to the
counties of Conway, Arkansas, Saline, Clay,
Madison, Little River, Yell, Poinsett, Lincoln,
Cleveland, Lawrence, Union, Carroll, Grant,
Pike, Izard, White, Randolph, Calhoun, Brad-
ley, Fulton, Marion, Phillips, Dallas, Baxter,
Chicot,. Lonoke, Johnson, Ouachita, Independ-
ence, Sharp, Miller, Pope, Newton, Cleburne,
Van Buren, Searcy, Hot Spring, Stone, Scott,
Clark, Ashley, St. Francis, Crawford, Jack-
son, Columbia, Hempstead and Desha. — Act
May 31, 1909.

Sec. 3603. It shall be unlawful for any per-
son with intent to kill, harm or paralyze any
'fish in the waters of this State, to deposit in
any stream, lake or any body of water in this
State, any dynamite or explosive material of
anv kind, or to take from any such body of
water any fish so stupefied or killed, or in any



way to assist or contribute to depositing such
dynamite or explosive, or in taking out any
fish so stupefied or killed.

Sec 3604. Any person found guilty of a
violation of the provisions of this act shall be
fined for each offense in a sum not less than
fifty nor more than one hundred dollars. —
Act April 4, 1893.

Sec 3605. The term "waters of this State,"
whenever used in this chapter, shall be deemed
and held to mean all streams, lakes, ponds,
sloughs, bayous or other waters, wholly or in
part, within this State.— Act March 27, 1885,
section 2.

Sec 3606. If any person shall take fish
from any inclosed or artificial lake or pond
belonging to any other person, without the
consent of the owner, he shall be deemed
guilty of a misdemeanor, and, upon convic-
tion thereof, shall be fined in the sum of one
hundred dollars, or be imprisoned in the
county jail not more than thirty days.

Sec 3607. Before any person shall have the
benefit of the preceding section, he shall first
give notice of his intention to breed or culti-
vate fish in said inclosed or artificial lake or
pond; he shall post up three or more notices
in the precinct of said inclosed or artificial
lake or pond of his intention, warning all per-
sons not to take fish from the same. — Act
February 16, 1875.

Sec 3608. It shall be unlawful for any per-
son, with intent to kill, maim or paralyze any
fish or other water animal, to cast, drop or
otherwise deposit in any river, creek, lake or
pond, or in any other stream or body of water
within this State, any explosive material or
substance, or any intoxicating or stupefying
liquid, drug, vegetable or fruit, or to take



from any river, creek, lake, pond or other
stream or body of water within this State,
any fish so stupefied, intoxicated or killed.
— Act March 12, 1879.

Sec 3609. Any person owning or controll-
ing any dam or other obstruction across any
river, creek or other water course is required
to keep such dam or other obstruction open
sufficiently to admit of the free and easy pas-
sage of all fish, either ascending or descend-
ing such river or other water course, from the
first day of March until the first day of June
of each year; provided, this section shall not
apply to dams constructed for the accommoda-
tion of water power for mills and manufac-
tories; provided, further, that all persons own-
ing or controlling any dam constructed for the
accommodation of water power for mills and
manufactories are required to construct and
keep open a chute over such dam or obstruc-
tion, sufficient for the passage of all fish either
ascending or descending such river or water
course. — Act May 8, 1899.

Sec. 3610. Any person found guilty of vio-
lating either of the provisions of sections 3608
and 3609, upon indictment in the circuit court
or before a justice of the peace of the proper
county, shall be fined for each offense not less
than five nor more than twenty-five dollars. —
Act March 12, 1879.



ACT 125.

AN ACT for the better protection of fish in
certain counties.

Section i. That an Act entitled "An Act
for the protection of fish in certain counties,"
approved March 3, 1903, be amended to read

as follows :



Sec 2. That hereafter it shall be un-
lawful to seine, net, dredge, trap, or take fish
in any way, except with hook and line, or by
gigging, from the waters of White River or
any of its tributaries in the counties of Wash-
ington, 'Benton, Carroll and Madison, in this
State; or from the waters of Illinois River, in
Benton and Washington counties.

Sec. 3. That any person who shall be con-
victed of a violation of section two of this
Act shall be punished by a fine of not less
than twenty-five dollars nor more than one
hundred dollars for each offense.

Sec. 4. That any person or persons who
shall dynamite or attempt to dynamite or poi-
son by any means any fish in any of said
streams or tributaries mentioned in section
2 of this Act, shall be deemed guilty of a
misdemeanor and upon conviction thereof
shall be fined in any sum not less than one
hundred dollars nor more than two hundred
and fifty dollars, and in additional shall be im-
prisoned in the county jail of the county for
not less than thirty nor more than ninety
days.

Sec. 5. That hereafter it shall be unlawful
to erect any or maintain any dam, trap or
other construction, for the purpose of taking
fish in any stream or tributaries mentioned
in section 2 of this Act, and any violation
shall be deemed guilty of a misdemeanor and
upon conviction shall be fined in any sum not
less than fifty dollars, and each week that said
dam, trap or other obstruction shall be main-
tained shall be guilty of a separate offense;
provided, that this does not apply to mill dams
or dams constructed for forming lakes for
pleasure or watering purposes, but is to apply
only -to dams and obstructions erected for the
sole purpose of taking fish. This shall not



apply to small traps or seines for catching
minnows to be used on hooks when fishing
for larger fish.

Sec 6. That all laws or parts of laws in
conflict herewith are hereby repealed, and this
Act to take effect and be in force from and
after its passage.

Approved April 8, 1903.

Amended February 28, 1905.



ACT 220.

AN ACT to amend an act entitled "An Act
to regulate the catching of fish in the State
of Arkansas," approved April 13, 1905.

Be It Enacted by the General Assembly of
the State of Arkansas:

Section i. That it shall be unlawful to
catch or take any fish from the waters of this
State except with hook and line ; provided,
that it shall be lawful to use a hoop-net with-
out wings in any navigable stream or river in
the State ; provided, that the provisions of this
Act shall only apply to the folowing counties :
Chicot, Ouachita, and Woodruff.

Sec. 2. Any one violating the provisions of
this Act shall be deemed guilty of a misde-
meanor, and upon conviction thereof shall be
fined in any sum not less than twenty-five dol-
lars nor more than one hundred dollars, or
confinement in the county jail for a period not
exceeding thirty days, or both, in the discre-
tion of the trial court.

Sec 3. All laws and parts of laws in con-
flict with this Act be, and the same are hereby
repealed, and this Act shall take effect and be
in force from and after its passage.

Approved April 26, 1907.



ACT 223.

AN ACT for the protection of fish in the
waters of Old Town and Long Lake, in
Phillips County.

Be It Enacted by the General Assembly of
the State of Arkansas:

Section i. That it shall hereafter be un-
lawful to seine, net, trap, dredge, or take fish
in any manner except with hook and line
from the waters of Old Town Lake and Long
Lake in Phillips County, Arkansas.

Sec. 2. That whoever violates this law shall
be lined in the sum of not less than twenty-
five dollars, nor more than fifty dollars.

Sec. 3. That all laws and parts of laws in
conflict herewith be, and the same are hereby
repealed, and this Act take effect and be in
force from and after its passage.

Approved April 27, 1907.



ACT 284.

AN ACT to protect the fish of Lee County.

Be It Unacted by the General Assembly of
the State of Arkansas:

Section i. No person shall be allowed to
place, erect or cause to be placed or erected
or maintained in any of the waters of Lee
County, or in front of the mouth of any
stream, slough or bayou, any seine, net, gill-
net, trammel-net, set-net, bag-weir, bush-drag,
any fish-trap or dam, or any other device or
obstruction, or by any such means to take or
catch any fish in the waters of Lee County.
Provided, the provisions of this section shall
not apply to waters wholly on the premises be-



longing to such person or persons using such
device or devices; and, provided, farther, it
may.be lawful to use a very small seine not to
exceed sixteen feet in length for catching very
small fish, usually called minnows, which may
be thus caught to be used for bait. Provided,
further, it shall not be unlawful for any per-
son or persons to use a seine not exceeding-
sixty feet in length in any unnavigable stream
or lake in Lee County, to catch fish for fam-
ily use, or picnics, or for stocking other water
with fish ; nor shall it be unlawful for "any
person or persons to place traps in the un-
navigable streams of said county; provided,
such traps do not obstruct the free passage of
fish in ascending and descending such streams.
Provided, farther, that it shall not be unlawful
to use a seine or net with meshes not less than
four inches square in any river in said county.

Sec 2. Any person who shall violate any
of the provisions of the preceding section,
shall upon conviction, be deemed guilty of a
misdemeanor, and shall be fined in any sum
not less than fifty, nor more than two hun-
dred dollars, or imprisoned in the county jail
for a period not less than a month, nor more
than six months, or both, at the discretion of
the court or jury trying the cause.

Sec. 3. It shall be unlawful for any person
with intent to kill or paralyze any fish in the
said county, to deposit in any stream, or any
body of water in said county, any dynamite or
explosive material of any kind, or to take
from any such body of water any fish stupe-
fied or killed, or in any way to assist or con-
tribute to depositing such dynamite or ex-
plosive, or in taking out any fish so stupefied
or killed.

Sec. 4. Any person found guilty of a viola-
tion of the provisions of the preceding sec-



tion, shall be fined for each offense in any
sum not less than fifty nor more than three
hundred dollars, or by imprisonment in the
county jail not less than one month nor more
than six months, or by both fine and impris-
onment, in the discretion of the court or jury
trying the cause.

Sec. 5. This Act shall take effect and be
in force from and after its passage.

Approved May 9, 1907.



ACT 332.






AN ACT regulating the use of dynamite and
other explosives in catching or killing fish,
and prescribing punishment for use of same
and for other purposes.

Be It Unacted by the General Assembly of
the State of Arkansas:

SECTION 1. That hereafter it shall be un-
lawful for any person with intent to kill,
harm or paralyze any fish in the waters of
Lafayette and Little River counties, in this
State, to deposit in any stream, lake, pond,
or other body of water in said counties, any
dynamite or explosive material of any kind, or
to take from any such waters any fish so
stupefied or killed, or in any way to assist
or contribute to depositing such dynamite or
other explosive in such waters, or taking
therefrom any fish killed or stupefied by the
use of such dynamite or other explosive.

Skc. 2. That any person convicted of vio-
lating the provisions of this Act shall be
deemed guilty of a felony, and shall be pun-
ished therefor by imprisonment in the peni-
tentiary of Arkansas for a period of not more
than one year, and by a fine of not less than

10



fifty dollars nor more than two hundred
dollars.

Sec. 3. That all acts and parts of acts in
conflict herewith are hereby repealed, and this
Act shall take effect from and after its pas-
sage.

Approved May 11, 1905.



ACT 350.

AN ACT for the better protection of game
fish.

Be It Enacted by the General Assembly of
the State of Arkansas:

Section i. No person shall be allowed to
place, erect or cause to be placed or erected,
or maintained in any of the waters of this
State, or in front of the mouth of any stream,
slough or bayou, any seine, net, trammel-net,
gill-net, set-net, bag-weir, bush-drag, any fish-
trap or dam, or any other device or obstruc-
tion, or by any such means to take or catch
any fish in the waters of this State. Provided,
the prohibition of this Act shall not apply
to waters wholly on the premises belonging to
such person or persons using such device or
devices; and provided, further, it may be law-
ful to use a very small seine not to exceed
fifteen feet, for catching very small fish, usually
called minnows, which may be thus caught to
be used for bait or for stocking other waters
with fish, but for no other purpose. Provided,
further, it shall not be unlawful for any per-
son or persons to use a seine or net with
meshes not less than three inches square, and
any person using a seine or net with meshes
less than three inches in width shall be guilty
of a misdemeanor, and upon conviction, shall

11



be fined in any sum not less than twenty-five
dollars nor more than fifty dollars, and such
nets shall and are hereby declared a nuisance
and no person shall be liable in damages to
the owner or owners of said nets, for destroy-
ing the same,, and it is hereby made the duty
of all sheriffs, constables, and other peace offi-
cers to destroy all such nets unlawfuly used,
upon receiving information of their use, under
penalty for failure to do so of a fine of not
less than twenty-five dollars and not more
than fifty dollars. ' Provided, further, it shall
not be unlawful for any person or persons to
use a seine or net not exceeding sixty feet in
length in any unnavigable stream or lake in
this State, to catch fish for family use, or for
picnics, and not for sale, nor shall it be qn-
lawftil for any person or persons to place
traps in unnavigable streams of this State,
provided such traps do not obstruct the free
passage of fish in ascending and descending
such streams. Provided, further, that this Act
shall apply to Miller County alone.

Sec. 2. That this Act take effect and be
in force from and after its passage.

Approved May 22, 1907.



ACT 31.

AN ACT for better protection and preserva-
tion of fish in Nevada County, Arkansas.

Be It Enacted by the General Assembly of
the State of Arkansas:

Section i. It shall be unlawful for any
person or persons to catch or kill any fish in
Nevada County, Arkansas, with any trap, net,
drag, tool or instrument, method or device
other than rod, hook and line ; provided, that

12



any person or persons in Nevada County, Ark-
ansas, may use a small net or other device
for the purpose of catching minnows for bait
only; provided, further, that this section shall
not be construed to mean that no person or
persons shall use a troll, fly or other form of
fish hook or hooks used on the end of a line
instead of a simple fish hook.

Sec. 2. That any person violating section i
of this Act shall be deemed guilty of a mis-
demeanor and shall be fined in any sum not
less than ten dollars nor more than one hun-
dred dollars.

Sec. 3. That all laws or parts of laws in
conflict herewith are hereby repealed, and this
Act shall take effect and be in force from and
after its passage.

Approved February 19, 1909.



ACT 217.

AN ACT to allow the citizens of Faulkner
County, Arkansas, fishing privileges.

Be It Enacted by the General Assembly of
the State of Arkansas:

Section i. That any bona fide citizen of
Faulkner County, Arkansas, shall have the
right and privilege of fishing in any and all
natural streams, bayous, lakes, ponds and
sloughs in Faulkner County, Arkansas; pro-
vided, that such fishing shall be in compliance
with the present statutory laws of Arkansas
governing fishing.

Sec. 2. That all laws and parts of laws in
conflict herewith be, and the same are, hereby
repealed, and that this Act take effect and be
in force from and after its passage.

Approved May 6, 1909.
13



ACT 253.

AN ACT to amend the fish and game laws of
the State of Arkansas, to be applicable to
the Western District of Clay County.

Be It Enacted by the General Assembly of
the State of Arkansas:

Section i. That all nonresidents of the
State of Arkansas, be and are hereby declared
exempt from the nonresident exclusion Act,
approved April 24, 1903, within the Western
District of Clay County; provided, they com-
ply with the following provisions :

Sec. 2. Any nonresident of the State of
Arkansas wishing to exempt himself under
the provisions of section 1 of this Act, shall
pay to the clerk of said county, a licensee fee
of five ($5.00) dollars for each calendar year
for fishing with hook and line, but not other-
wise, on any of the waters of said district,
and fifteen ($15.00) dollars for each calendar
year for hunting on any open territory, or
private ground with the owners' permission,
in said Western District of Clay County.

Sec. 3. Any person duly licensed as herein
provided may personally take with him out of
the State, any fish or game caught or killed in
accordance with this Act, subject to all the
limitation of the closed seasons or bag limits
now or hereafter provided by the laws of the
State of Arkansas.

Sec. 4. In addition to the license fee pro-
vided for in section 2 of this Act, the person
to whom said license is issued shall pay to the
clerk issuing the license fifty cents for each
license so issued.

Sec. 5. Each person applying for license in
accordance with the provisions of this Act,

14



shall make a written application to said clerk
for said license, which application shall be
verified by affidavit and shall state therein that
the person applying for license will not violate
any of the fisli or game laws of the State of
Arkansas ; that they will not hunt or fish for
the purpose of selling their game or fish and
will not sell, either in this State or any other
State to which the same may be carried, any
game or fish that may be taken by him, which
affidavit shall be filed by the clerk and kept in
his office.

Sec. 6. The clerk of said county upon being
satisfied that any person to whom a license
has been issued as aforesaid has violated any
of the terms and conditions of the said affi-
davit shall revoke the license issued to such
person.

Sec. 7. The said clerk shall keep in his
office a record in which the name of every
licensee shall be recorded and also the date
of the issuing of the license, the time for
which it was issued, whether it was for hunt-
ing or fishing and the amount paid.

Sec. S. All money received by said clerk
as license fee shall be paid quarterly to the
deputy treasurer in and for the Western Dis-
trict of Clay County by said clerk and said
treasurer shall execute to the clerk his voucher
therefor. Said fund shall be kept separate
from other funds.

Sec 9. On the first day of July and on the
first day in January in each year the deputy
treasurer in and for the Western District of
Clay County and the deputy county examiner
in said district shall apportion said fund
among the school districts in the Western
District of Clay County, according to the
number of persons of school age in each dis-

15



trict as returned to said deputy county ex-
aminer the last previous school enumeration.

Sec. 10. All laws and parts of laws in con-
flict with this Act are hereby repealed, and
this Act shall take effect and be in force from
and after its passage.

Approved May 14, 1909.



ACT 341-

AN ACT to prevent the sale of fish caught
from the waters of Union, Calhoun, Ouach-
ita and 'Bradley counties, Arkansas.

Be It Enacted by the General Assembly of
the State of Arkansas:

Section i. It shall be unlawful for any
person or association of persons to sell any
fish, or catch any fish for the purpose of sale,
from the rivers, lakes, streams or waters of
Union, Calhoun, Ouachita and Bradley coun-
ties, or the waters bordering upon said coun-
ties, except such as are caught with hook and
line; provided, this shall not apply to fish
raised in private fish ponds.

Sec. 2. Any person or persons violating
any of the provision of section 1 of this
Act shall be deemed guilty of a misdemeanor
and, upon conviction, shall be fined in any sum
not less than twenty-five nor more than one
hundred dollars, or may be confined in the


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