AN TO REGULATE AND LICENSE THE HUNTING OF GAME BIRDS AND ANIMALS; TO PROVIDE REVENUE THEREFROM; TO PRESERVE GAME; AND TO MAKE APPROPRIATION FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF THIS ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ARIZONA:
Sec. 1. No person shall at any time shoot, or take in any manner, any game which is by law protected in this State without first having in his possession a hunting license as herein provided, for the year such shooting is done. Licenses shall be issued by the Clerk of the Board of Supervisors, State Game Warden, or such deputies as may be designated for that purpose by the State Game Warden. Such licenses shall be classified as follows:
(1) A general hunting license shall entitle the person therein named to hunt game quadrupeds, birds, and take fish during the open season thereof.
(2) A big game license shall entitle the person therein named to hunt game quadrupeds during the open season thereof. (Wild turkeys are classified as big game under the meaning of this Act.)
(3) A bird license shall entitle the person therein named to hunt game birds; other than wild turkeys, during the open season thereof.
Sec. 2. Any person of the age of twelve (12) years or over may, if a non-resident or alien, procure hunting licenses as herein provided by filing his affidavit, and if a resident, by filing a certificate, with the County Clerk, State Game Warden, or any Deputy Warden, authorized to issue hunting licenses, stating therein his name, age, height, weight, place of residence, post office address, and color of hair and eyes. No license shall be issued except on a blank furnished by the State Game Warden, and upon payment of the sum herein provided for such license. All hunting licenses shall be numbered consecutively when printed and shall expire with the calendar year in which issued and shall state the name, age, height, weight, place of residence, post office address, and color of hair and eyes of licensees.
Sec. 3. Any person who has been a bona fide resident of this State for the one year then last passed, shall be entitled to procure a resident license.
Any person not a bona fide resident of this State, but who is a bona fide resident of the United States, shall be entitled to procure a non-resident hunting license.
Any unnaturalized foreign born person who has lived in this State for the one year then last past, shall be entitled to procure a resident-alien hunting license.
Sec. 4. The possession of game at any time, unaccompanied by a proper and valid license, as herein provided, shall be prima facie evidence that such game was unlawfully taken and is unlawfully held in possession and it shall be the duty of every person having possession or control of game to produce the proper license when one is required by this Act, on demand of any officer, and permit the same to be copied by such officer, Open season for hunting, taking, or possessing, any of the animals, birds, or fish, protected by this Act shall be between the following dates only, both inclusive:
(1) Male deer and turkey from October 1 to December 15.
( 2) Quail, snipe and rail, from October 15 to February 1
(3) Ducks, geese, and brant, from September 1 to April 1. Doves, and White Wings from June 1 to February 1. Trout, from June 1 to September 1 Black Bass, Strawberry Bass or Crappie, September 1 to December 1. Any person who shall take any fish under seven (7) inches in length, of any variety of fish protected by this Act, is hereby required to return such fish, as little injured as possible, to the waters from which they were taken.. Any person failing to abide by the provisions of this section shall be guilty of a misdemeanor.
Sec. 5, It shall be unlawful to kill, trap or snare, or in any manner injure or destroy, or have in possession any Antelope, Elk, Goat, or Mountain Sheep, Female Deer, or Fawn, Road-runner, Bob White, Grouse, or Pheasant.
Sec. 6. The right given by this Act to take or kill game or fish is limited to two (2) Male Deer in one season; twenty-five (25) Quail in one day; twenty-five (25) Ducks in one day; thirty-five (35) Doves or White Wings in one day; three (3) Turkeys in one season; twenty (20) pounds of Trout, Bass, Crappie, or Catfish, or forty (40) individual fish not less than seven (7) inches in length in one day. No game or fish shall be held in possession more than five (5) days after the close of the season for the killing of same.
Sec. 7. No game shall be pursued, wounded, taken, or killed with a steel or hard pointed bullet, nor shall any person use in the pursuit, taking, wounding, or killing of any animals, birds, or fish, protected by this Act, any net, seine, trap, cage, snare, salt lick, blinds, scaffold, dead fall, pit, snag hook, trout line, artificial light, or similar device whatever, provided, that dogs, blinds, sinks and decoys may be used in hunting birds.
Sec. 8. No game or fish shall be received or held in storage except as follows, namely:
(1) During the open season therefor, and for five (5) days thereafter, when the same is stored for the person lawfully in possession of the same.
Sec. 9. No game or fish protected by this Act shall be held in possession or placed upon the table of any hotel, restaurant cafe or boarding house, or named in its menu or bill of fare, as food for its patrons, either under the name used in this Act or under any name or guise whatever, when the same shall have been killed or taken in this State except during the open season for such game or fish. The naming of game and fish upon any menu or bill of fare as food for patrons shall be prima facie evidence of the possession of the same by the proprietor of such hotel, restaurant, cafe, or boarding house Invoices and bills of lading, and other required proof that game or fish comes from without the State, shall be preserved by the proprietor for at least thirty (30) days after the consumption of the game or fish therein described and shall be delivered to the State Game Warden or his deputy on demand therefor within such time.
Sec. 10. Every net, trap, explosive, or poisonous or stupefying substance or device, used, or intended for use, in taking or killing game or fish, in violation of this Act, and set, kept, or found, in or upon any of the streams or waters of this State, or upon the shores thereof, and every trap, device, blind, or deadfall, found baited in violation of this Act, is hereby declared a nuisance and may be abated and summarily destroyed by any person, and it shall be the duty of every officer authorized to enforce this Act to seize and summarily destroy the same and no prosecution or suit shall be maintained for •such destruction; provided, that nothing in this Act shall be construed as affecting the right of the State Game Warden to use such means as may be proper for the promotion of game and fish propagation and culture, nor as authorizing the seizure or destruction of fire arms.
Sec. 11. The necessary and ordinary fees and expenses of every posse lawfully summoned and engaged in the enforcement of this Act, shall be taxed as part of the costs, and if not collected from the person liable therefor, shall be paid out of the game protection fund.
Sec.. 12. Whenever, upon conviction, the person convicted fails to pay the fine and costs imposed upon him, if over eighteen (18) years of age, he shall be committed to the county jail and shall there be kept confined one (1) day for each dollar of the fine and costs adjudged against him and he shall not be discharged or released therefrom by any board of officers, except upon the payment of the portion of the fine and costs remaining unserved or upon the order of the Governor of this State.
Sec. 13. If the holder of any license shall persistently, or fragrantly, or knowingly, violate or countenance the violation of any of the provisions of the game laws, such license shall be revoked by the Game Warden after due notice shall have been given the alleged violator and opportunity afforded him to appear and show cause against the revocation of such license.
Sec. 14. In any prosecution under this Act, any participant in violation thereof, when so requested by the County Attorney, State Game Warden, or other officers instituting the prosecution, may testify as witness against any other persons charged with such violation and his evidence, so given, shall not be used against him in any prosecution for such violation
Sec. 15. It shall be the duty of every Justice of the Peace and Clerk of the Court before whom any prosecution under this Act may be commenced, or shall go on appeal, and within twenty (20) days after the trial or dismissal thereof, to report in writing the results thereof, and the amount of fines collected, if any, and the disposition thereof, to the State Game Warden.
Sec. 16. The State Game Warden shall have the power to appoint such deputies as he may deem necessary. Such deputies as may be designated as license collectors or who shall receive per diem salaries shall be required to furnish bond in the sum of five hundred dollars ($500.00) for the faithful performance of their duties.. The State Game Warden shall have the power to pay such deputies as he shall designate, for specific duties, a per diem of three dollars ($3.00) and actual necessary expenses, while under the direct order of the State Game Warden to perform services in enforcement 01 the game and fish laws; Provided, that the per diem expenses and salary of the deputies shall be paid semi-monthly upon verified vouchers under oath and approved by the State Game Warden out of the game protection fund; Provided, further, that the State Game Warden shall not designate deputies for services requiring per diem or expenses except when there shall be sufficient funds in the game protection fund to pay for such services as in this section provided.
Sec. 17. The State Game Warden may issue permits to any person to take, capture, kill, transport within or out of the State, or import into the State, any game, birds, or fish, mentioned in this Act, at any time when satisfied that such person desires the same exclusively as specimens for scientific or propagating purposes. Such permits shall be in writing and shall state the kind and number to be taken and the manner of taking, the name of the person to whom issued, and if imported into the State the name of the State or territory from which shipped, and the name of the person shipping such game, birds, or fish, and shall be signed by him, and such permit shall not be transferable nor shall it be lawful to sell or barter any of the animals, birds, or fish, taken or imported under such permit, for food purposes, and the holder of such permit shall be liable to the penalties provided in this Act if he violates any of its provisions.
Sec. 18. The State Game Warden may authorize the redemption by any resident of this State, of any young animal which has been abandoned by its mother and taken in good faith for purpose of saving its life, but not more than four (4) such animals shall be redeemed by one person at the same time. He may also at any time and in any manner take any game running at large within the State, for the purpose of propagating in any other part of the State.
Sec. 19. The State Game Warden, if he so elect, or any other officer charged with the enforcement of the laws relating to game and fish, if so directed by the State Game Warden, may bring civil action in the name of the State against any person unlawfully wounding or killing, or having unlawfully in possession, any game quadruped, bird, or fish, or part thereof, and recover judgment for each such animal or part thereof, the following minimum sums as damage for the taking, killing or injuring thereof, to-wit: For each Elk, $200.00; for each Deer, $50.00; for each Antelope, $100.00; for each Mountain Sheep or Goat, $200.00; for each Bird, $10.00; for each Fish, $1.00. No judgment or verdict recovered by the State in such action shall be less than the sum hereinbefore fixed. Such action and damages may be Joined with the action for possession and recovery had for the possession and also the damages therefor, aforesaid. Neither the pendency nor the determination of such action, nor the payment of such Judgment, nor the pendency determined of a criminal prosecution for the same taking, wounding, killing or possession, shall be a bar to the other, nor affect the right of the other.
Sec. 20. The State Game Warden shall keep a seal of office which shall be used to authenticate all papers and documents issued and executed by him as such officer.
Sec. 21. The State Game Warden shall keep a record of all moneys received and all licenses, certificates, permits and tags, issued by' him, numbering each class separately, and Upon satisfactory proof that any license, certificate, or permit has been lest before the expiration thereof, he may issue a duplicate therefor for whom the applicant shall pay the sum of ten ($.10) cents., The State Game Warden and license collectors shall charge and collect the following fees: For each general license to residents, 50 cents; For each big game license, nonresident, $25.00; for each big game license, alien, $100.00; for each bird license, non-resident, $10.00; for each bird license, alien, $25.00; for each permit to transport out of state, deer, or turkey, each $2.00; for each duplicate license or permit, .10.
Sec. 22. It shall be unlawful for any person in the State of Arizona to use a gun of larger caliber than that commonly known and designated as number ten gauge, for the purpose of destroying any wild turkey, dove, quail, wild duck, wild goose, snipe, or rail
Sec. 23. It shall be unlawful for any person in the State of .Arizona to take, gather, or destroy, or have in possession at any time, the eggs of any quail, bob-white, partridge, grouse, pheasant, dove, wild turkey, wild duck, wild goose, brant, snipe, rail, or any song bird of any kind.
Sec. 24. It shall be unlawful for any person to shoot a rifle, revolver, or shot gun of any caliber or gauge upon, from, or across any public highway of the State of Arizona, where there is cultivated land or dwelling houses either side, thereof, or where shot from such gun shall fall in, or pass over any cultivated land or dwelling houses or among stock, or other animals grazing on land contiguous to such public highway.
Sec. 25. It shall be unlawful for any person in the State of Arizona, at any time to hunt, pursue, kill, or destroy, any lark, thrush; sparrow, swallow, grosbeak, or tanager, or any other song bird of any kind, provided, that nothing in this Act be so construed as to interfere with the collection of birds for scientific purposes by the Curator of the State Museum, or by any other person authorized by the State Game Warden of this State to collect.
Sec. 26. It shall be unlawful for any Indian in the State of Arizona, at any time, to hunt, take, pursue, kill, or destroy, any game or fish mentioned in this Act off the Government reservation to which he belongs.
Sec. 27. All American born persons, residents of this State, under the age of seventeen (17) years may have the same privileges as one holding a general license, without cost, provided, they are accompanied by a person holding a general license.
Sec. 28. It shall be the duty of the State Game Warden, and he shall have the authority, to procure the printing of all forms and blanks that may be required to carry out the intent of this Act and not inconsistent herewith, and all necessary blanks shall be furnished by him to the several license collectors. No license shall be issued except on an application sworn to by the applicant, and any false statement in any application shall render the license issued thereon void Every license collector shall keep a correct and complete record of every license issued by him, which record shall remain in his office and be open to inspection of the public at all times. All moneys collected for licenses shall be sent to the State Treasurer on or before the 10th day of the month following, and license collectors shall report to the State Game Warden the number of licenses issued, and the amount of money remitted.
Sec. 29. All moneys sent to the State Treasurer in payment of hunting licenses, permits, certificates, tines, penalties, or forfeitures, shall be set aside by him, and shall constitute a fund to be known as the game protection fund, for the payment of the printing, publishing of reports, postage, express, and other necessary and office expenses, the salary of the State Game Warden, and the per diem salaries and necessary expenses of deputies; for the purchase, transportation, distribution, and propagation, of game and fish. The State Game Warden shall not issue any voucher, nor shall the State Auditor approve any such voucher issued by the State Game Warden under the provisions of this Act, or otherwise, for any services or expenses of any kind, unless the money to pay such voucher shall at the time be on hand to pay the same.
Sec. 30. All moneys collected for fines under this Act shall be immediately paid over by the Justice of the Peace or clerk collecting or receiving the same as follows: One-half to the State Treasurer to be by him credited to the game protection fund, and one-half to the person or deputy instituting the prosecution, except in cases where such prosecution is instituted by salaried officers, in which case such fines shall all be paid over to the State Treasurer to be by him credited to the game protection fund. The State Treasurer shall render monthly statements to the State Game Warden showing all moneys received and paid out under the provisions of this Act.
Sec. 31. The English or European sparrow, great horned owl, and all species of hawks, are not included among the birds protected by this Act.
Sec. 32. Prosecution under this Act may be commenced within one (1) month from the date of violation of any of the provisions of this Act, either by complaint or information.
Sec. 33. Nothing in this Act shall prevent a citizen of the State of Arizona from taking or keeping any wild bird in any cage as a domestic pet, provided that such bird shall not be sold or exchanged or offered for sale or exchange, or transported out of this State.
Sec. 34. It shall be unlawful for any person or persons to catch kill, or have in his or their possession, any species of trout or game food fish found in any of the public streams or waters of this State unless said fish has been taken with a hook and line attached to a rod or held in the hand, and any person or persons, catching, killing or having in their possession, any such fish, taken in any other manner shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) or by imprisonment for not less than ten (10) days nor more than thirty (30) days, or by both such fine and imprisonment, in the discretion of the court, and every fish caught or killed in violation hereof shall constitute a separate and distinct offense.
Sec. 35. Any person violating any of the provisions of this Act shall be punished by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars, ($100.00) or by imprisonment for not less than ten (10) days nor more than ninety (90) days, or by both such fine and imprisonment, in the discretion of tile court.
Sec. 36. Within thirty (30) days after the becoming effective of this Act, there shall be appointed by the Governor of the State of Arizona an officer to be known as the State Game Warden of the State of Arizona, whose term of office shall be two (2) years and until his successor shall be appointed and shall have qualified. His duties shall be as prescribed by this Act.
Sec. 37. Such State Game Warden shall before entering upon the discharge of his duties qualify by taking the oath required by law to be taken by officers of the State of Arizona and by filing with the Secretary of State of Arizona, after approval by the Governor, a good and sufficient bond with two or more sureties in the sum of two thousand dollars ($2000.00) conditioned for the faithful performance and discharge of his duties, and shall receive in full compensation for his services the sum of twelve hundred dollars ($1200.00) per annum to be paid semi-monthly out of the game protection land, or in case such fund is insufficient, so much thereof as cannot be paid from the game protection fund shall be paid from the general fund of the State from the State Treasury in the same manner as the salaries of other State officers are paid
Sec.. 38.. Such State Game Warden shall have the power to appoint deputies in every county of this State (and to remove the same from office), who shall be residents of the county for which they are appointed, and who shall be especially charged with the duty of enforcing the fish and game laws of the State of Arizona, in their respective counties, and such deputies shall receive in full compensation for their services one-half of all the fines imposed upon prosecutions procured or instituted by them, and convictions secured thereunder, for violation of the fish and game laws of this State, and each deputy as appointed shall qualify by filing with the State Game Warden of the State of Arizona an oath of office in the form prescribed by law for State officers. It shall be the duty of the State Game Warden of the State of Arizona and of every deputy, within said deputy's county, rigidly and strictly to care for and enforce the provisions of this and all other laws of the State of Arizona, for the protection of fish and game of whatsoever kind or description, and to institute, or cause the institution of, prosecutions for any and all violations of such laws, and to that and such State Game Warden and each and every one of his deputies within their respective counties as aforesaid, are hereby authorized and required to arrest, or cause to be arrested, all violators of such laws, and to lodge accusations against them in a court of competent jurisdiction in the premises; to gather evidence on behalf of the prosecution of such offenders, and to do any and all things necessary to the punishment hereunder and under the laws of this State on the subject of fish and game and the protection thereof And such State Game Warden or such deputy shall be liable to a fine of not less than one hundred dollars ($100.00) nor more than two hundred and fifty dollars ($250.00) or to imprisonment for not less than thirty (30) days nor more than ninety (90) days for the failure to arrest and prosecute any person violating any of the provisions of this Act; provided, that such violations come within the knowledge of such warden or deputy. The conviction thereof shall also operate as a removal of such person from office.
Sec 39 There is hereby appropriated out of any moneys in the State Treasury, not otherwise appropriated the sum at five hundred dollars ($500.00) for the purpose of carrying out the provisions of this Act, to be used by the State Game Warden for the printing and binding of suitable books and blanks required herein. The State Auditor is hereby authorized to draw his warrant for such expenditures as are provided herein, at such times and in such amounts as may be approved by the State Auditor and the Treasurer is directed to pay the same.
Sec. 40, No license shall be required by any person who, during the open season, on his own lands, hunt, pursues, or kills, any of the wild birds or animals protected by the laws of this state, nor shall this Act apply to the taking of fish from private artificial ponds or reservoirs with the permission of the owner.
Sec 41. All Acts and parts of Acts in conflict with the previsions of this Act are hereby repealed.