§8. Definitions

            For purposes of this Chapter, the following words and phrases have the meaning ascribed to them in this Section, unless the context clearly shows a different meaning:

            (1) "Administrator" means the secretary of the Department of Wildlife and Fisheries.

            (2) "Agriculture or agricultural pursuit" means the cultivation, growing, harvesting, or marketing of domesticated fish.

            (3) "Alien individual" means any person who is neither a United States citizen nor a resident alien, or any corporation or other legal entity which is organized and domiciled in any country other than the United States.

            (4) "Alligator farm" means an enclosed area, constructed so as to prevent the ingress and egress of alligators from surrounding public or private lands or waters and meeting other specifications prescribed by the department, where alligators are bred and raised under controlled conditions. Alligator farm also includes an alligator ranch wherein eggs are collected from the wild, artificially incubated and raised, pursuant to department license or permit.

            (5) "Alligator farmer" means a person who raises alligators under controlled conditions which prohibit free movement of the animals onto and off of the farm or controlled area, and who may harvest alligators under the supervision of the department.

            (6) "Alligator hunter" means a resident or nonresident person who takes wild alligators.

            (7) "Alligator part" means any part of the carcass of an alligator, except the hide and includes the bony dorsum plates, if detached from the tagged alligator hide.

            (8) "Alligator parts dealer" means any person who deals in alligator parts other than hides and who either:

            (a) Buys unprocessed alligator parts from an alligator hunter, another alligator parts dealer, or an alligator farmer for the purpose of resale.

            (b) Manufactures within the state nonedible alligator parts into a finished product.

            (c) Purchases, cans, unprocessed alligator meat or processes alligator meat for wholesale or retail sale.

            (9) "Alligator parts retailer" means a properly licensed person who purchases for retail sale finished alligator parts made from parts other than hides.

            (10) "Angle" means to fish with rod, fishing pole, or hook and line, with or without a reel.

            (11) "Antlers" means hardened boney material having no velvet, broken naturally through skin.

            (12) "Bait species" means all species of fish and other aquatic life utilized for bait.

            (13) "Bandit gear" means vertical hook-and-line gear with rods attached to a vessel and with line retrieved by manual, electric, or hydraulic reels.

            (14) "Beam Trawl" means a funnel shaped net the mouth of which is held open by a beam, or by some stationary fixture, while it is being fished.

            (15) "Blaze pink" means a daylight fluorescent pink color.

            (16) "Board of Trustees" as applies to Part XI only, means the board of trustees of the Louisiana State Employees' Retirement System created and provided for by Chapter 10 of Title 42 of the Louisiana Revised Statutes of 1950.

            (17)(a) "Bona fide resident", except as specified in Subparagraph (b) of this Paragraph, means any person who is a United States citizen or resident alien and has resided in this state continuously during the twelve months immediately prior to the date on which he applies for any license and who has manifested his intent to remain in this state by establishing Louisiana as his legal domicile, as demonstrated by compliance with all of the following, as applicable:

            (i) If registered to vote, he is registered to vote in Louisiana.

            (ii) If licensed to drive a motor vehicle, he is in possession of a Louisiana driver's license, or, if not licensed to drive, he is in possession of a special identification card issued by the Department of Public Safety and Corrections under the provisions of R.S. 40:1321, or an alternative form of proof of residency that the department deems acceptable.

            (iii) If owning a motor vehicle located within Louisiana, he is in possession of a Louisiana registration for that vehicle.

            (iv) If earning an income, he has filed a Louisiana state income tax return and has complied with state income tax laws and regulations.

            (v) If a minor who cannot otherwise demonstrate legal domicile by other methods established in this Paragraph, he is in possession of an alternative form of proof of residency that the department deems acceptable.

            (b) "Bona fide resident", for purchase of a license for hunting or recreational fishing activities where such license does not authorize any commercial activity, means the following:

            (i) Any person who is a United States citizen or resident alien and has resided in this state continuously during the six months immediately prior to the date on which he applies for any such license and who has manifested his intent to remain in this state by establishing Louisiana as his legal domicile, as demonstrated by compliance with Items (a)(i) through (v) of this Paragraph.

            (ii) Any person who served in and was honorably discharged from the armed forces of the United States or a reserve component of the armed forces of the United States, including the National Guard, and who, if licensed to drive a motor vehicle, is in possession of a Louisiana driver's license, or, if not licensed to drive, is in possession of a special identification card issued by the Department of Public Safety and Corrections under the provisions of R.S. 40:1321.

            (c) As to a corporation or other legal entity, a resident shall be any which is incorporated or otherwise organized under and subject to the laws of Louisiana, and which is domiciled in Louisiana and has a permanent physical location of business in Louisiana where records are held in compliance with R.S. 56:306.5.

            (d) Any person, corporation, or other legal entity which possesses a resident license from any other state or country shall not qualify for a resident license in Louisiana.

            (18) "Butterfly net" means a fixed, frame-mounted net, used to fish the near-surface waters, which is suspended from the side or sides of a boat, pilings, floats, rafts, or shore installation.

            (19) "Can" means a metal container of not more than fifty-five-gallon capacity which is set for the purpose of taking fish.

            (20) "Cast net" means a light circular net of vegetable or synthetic materials and weighted around its perimeter that is thrown by hand over the water.

            (21) "Channelization" means the practice of changing a natural stream or segment thereof, into a man-made ditch or canal with channels of a relatively uniform width and depth usually necessitating the removal of trees and other woody vegetation adjacent to the stream and constructed for the purpose of accelerating runoff.

            (22) "Channel realignment" means the practice by which dredging, ditching, or other means are used to shorten or reroute the natural stream course.

            (23) "Charter boat fishing guide" means any person who operates a vessel for hire and derives income from the bringing of recreational fishermen upon waters within the state for the purpose of taking fish.

            (24) "Clearing and snagging" means the practice of removing most obstructions, trees, snags, and other impediments that retard the natural stream flow.

            (25) "Closed season" means that period of time of a calendar year not specifically included in the open season.

            (26) "Cold storage plant" means and includes all ice houses, ice storage houses, quick freeze plants, or similar establishments, or any place where payment is accepted for storage of wild birds and wild quadrupeds.

            (27) "Commercial fish" means all freshwater commercial fish and saltwater commercial fish found in the waters of the state.

            (28) "Commercial fisherman" means any person who derives income from the harvesting of fish. "Income" as used in this Paragraph shall not include a prize or award offered as a prize in a fishing tournament. (See also nonresident commercial fisherman.)

            (29) "Commission" means the Louisiana Wildlife and Fisheries Commission.

            (30) "Common carrier" means any agency or person transporting passengers or property of any description for hire.

            (31) "Confiscation" means the exercise of a right under the police power wherein property is seized and held pending court order if the seized material is nonperishable, or disposed of without judicial intervention if perishable.

            (32) "Consumer" means patrons of restaurants and other places where alligator, fish, shrimp, or other aquatic life is prepared for human consumption; or any person using alligator, fish, shrimp, or other aquatic life for bait or personal consumption.

            (33) "Consumer-menhaden and other herring-like fishes" means manufacturing plants, warehouses, and other places where menhaden or other herring-like fishes including meal, oil, solubles, or scrap derived, are conveyed after sale.

            (34) "Crab" means a blue crab (Callinecies sapidus).

            (35) "Crab dropnet" means any device constructed with vegetable, synthetic, or metal fibers and without flues or throat, attached to a wire frame that forms a net basket and is used for the purpose of taking crabs. This device shall be operated solely by hand and fished in a stationary, passive manner.

            (36) "Crab trap" means a cube-shaped device which is constructed of wire and is no larger than thirty inches on any side with entrance funnels extending no further than seven inches into the inside of the trap and either a bait box or materials providing cover or shelter for peeler crabs, which is used for the sole purpose of taking crabs or stone crabs. This device shall be fished in a stationary, passive manner with the openings to the entrance funnels such that the horizontal diameter of each opening on the vertical wall of the trap is at least one and one-half times the vertical diameter of the opening.

            (37) "Crawfish farmer" means a person who farms or cultivates crawfish commercially in private ponds.

            (38) "Crawfish harvester" means a person who harvests wild crawfish commercially without participating in the growing of the crawfish.

            (39) "Crawfish net" means any device constructed with vegetable or synthetic material without flues or throats attached to a wire frame that forms a net basket and is used for the purpose of taking crawfish.

            (40) "Crawfish trap" means any device constructed of coated wire with the opening of the throats or flues not exceeding two inches and which is used for the sole purpose of taking crawfish. The minimum mesh size for crawfish traps shall be in accordance with R.S. 56:322(I).

            (41) "Cultivated crop" means domesticated fish which are grown, managed, or harvested on an annual, semiannual, biennial, or short-interval basis.

            (42) "Department" means the Department of Wildlife and Fisheries.

            (43) "Dip net" means a net, usually a deep mesh bag of vegetable or synthetic materials, on a fixed frame attached to a handle and held and worked exclusively by hand and by no more than one individual.

            (44) "Domesticated fish" means any fish approved by the department through promulgation under the Administrative Procedure Act of a list of approved aquatic organisms that are spawned and grown, managed, harvested, and marketed on an annual, semiannual, biennial, or short-term basis, in privately owned waters.

            (45) "Dressing, dressed skins, or dressed furs" - (See "Tanning").

            (46) "Edible fish" includes all commercial fish found in the waters of the state which are eaten as table food in the United States or abroad, including but not limited to sea bass, buffalo fish, catfish, crab, mullet, oyster, paddlefish, pompano, red drum, sheepshead, shrimp, spotted sea trout, white trout, gray trout, croaker, black drum, mackerel, shark, eel, and tuna.

            (47) "Eel pot" means any device not to exceed forty-eight inches in length and with an outside mesh size not smaller than one-half inch, constructed with throats or flues not larger than three inches in diameter at their narrowest point and not larger than five inches in diameter at their widest point, and which is used solely for the purpose of taking eel. No lead or wing shall be connected to or used in conjunction with any eel pot. Any fish other than eel taken in this gear must be immediately returned unharmed to the water.

            (48) "Effective license number" means the unique alphanumeric number issued by the department in connection with the electronic purchase of a license or permit which, together with a form of picture identification specified by department rule, will entitle the holder to engage in the activity for which the license or permit was issued during the time period specified by department rule.

            (49) "Employee" as applies only to Part XI, means those wildlife agents of the enforcement division of the Louisiana Department of Wildlife and Fisheries who are members of the Louisiana State Employees' Retirement System and shall not include any other members of said retirement system or members of any other retirement system to which the state makes contribution or otherwise. (See "Member".)

            (50) "Falconry" means the sport of training raptors or taking of wild birds or wild quadrupeds by means of a trained raptor, except eagles, Falconidae, or great horned owl.

            (51) "Federal Fishery Conservation Zone", "federal exclusive economic zone", or "EEZ" means that area which falls within a line conterminous with the seaward boundary of each of the coastal states and a line drawn in such a manner that each point on it is two hundred nautical miles from the baseline from which the territorial sea is measured.

            (52) "Finfish" (noun) means any of numerous cold-blooded aquatic vertebrates that characteristically swim with fins, breathe with gills, and are covered with skin or scales.

            (53) "Finished alligator part" means any nonedible alligator part that has been completely processed from parts other than hides for retail sale.

            (54) "Fish" (noun) means all finfish, shellfish, and crustaceans, and all other species of aquatic life.

            (55) "Fish" (verb) means to take or attempt to take fish by any method approved by the commission for recreational purposes or for commercial purposes.

            (56) "Fish dealer--retail" means persons excluding restaurants, purchasing fish or seafood whether whole, dressed, or fresh frozen for sale within the state to the consumer only.

            (57) "Fish dealer--wholesale" means persons purchasing fresh or frozen fish for resale to dealers or to ship out of state.

            (58) "Fisherman" means any person who fishes or attempts to fish within or under the jurisdiction of the laws or regulations of the state of Louisiana.

            (59) "Fishing gear" means any vessel and any equipment, whether or not attached to a vessel, which is used in the commercial handling or harvesting of living marine resources.

            (60) "Freshwater commercial fish" means any species of freshwater fish taken by a commercial fisherman. Freshwater commercial fish does not include any species of game fish.

            (61) "Freshwater recreational fish" means any species of freshwater fish taken for recreational purposes.

            (62) "Freshwater shrimp" means the common river shrimp (Macrobrachium ohione) and the delta river shrimp (Macrobrachium acanthurus).

            (63) "Fur animal (nongame quadruped) farm" means any operation involved with the breeding, propagation, or exhibition of fur animals and meeting with commission specifications.

            (64) "Fur animal (nongame quadruped) farmer" means a resident who breeds and raises fur animals for exhibition and/or commercial purposes.

            (65) "Fur buyer" means anyone who buys whole nongame quadrupeds for the purpose of pelting, carcasses of furbearing animals, raw furs or skins from fur trappers, alligator hunters, alligator farmers, fur buyers, or fur dealers and who sells to another fur buyer or fur dealer within the confines of the state or to a nonresident fur dealer in interstate commerce, or who acts as an agent of another fur buyer or fur dealer in this state in such purchase or sale. Fur buyers are divided into two classes, resident and nonresident. Resident buyers are those who are bona fide residents of this state. All others are nonresident buyers.

            (66) "Fur dealer" means anyone who deals in whole nongame quadrupeds for the purpose of pelting, carcasses of furbearing animals, raw furs, and skins and who either:

            (a) Buys from a fur trapper, alligator farmer, or alligator hunter, either directly or indirectly, and ships or exports from this state, either directly or indirectly, the raw furs and skins so bought.

            (b) Buys from a fur buyer or other fur dealer and exports from this state the raw furs and skins so bought.

            (c) Buys from a fur trapper, alligator hunter, alligator farmer, fur buyer, or other dealer and sells such raw furs and skins for manufacturing into a finished product in this state.

            (d) Manufactures such furs and skins into a finished product in this state, buying directly from a fur trapper, alligator hunter, alligator farmer, fur buyer, or fur dealer.

            (e) Transports raw furs or skins into this state for the purpose of sale within the state. Fur dealers are divided into two classes, resident and nonresident. Resident dealers are those who are bona fide residents of this state. All others are nonresident dealers.

            (f) Converts raw alligator skins through the tanning process into finished or partially finished leather and/or converts raw (green or dried) fur pelts into dressed furs ready for manufacturing.

            (67) "Fur trapper" means any person who takes or attempts to take any nongame quadruped, except alligators, or a person who sets or runs traps of any type to catch such nongame quadrupeds during the open trapping season. Fur trappers are divided into two classes, resident and nonresident. Resident trappers are those who are bona fide residents of this state. All others are nonresident trappers.

            (68) "Furbearing animal" means any of the following nongame quadrupeds: beaver, bobcat, coyote, gray fox, red fox, mink, muskrat, nutria, opossum, otter, raccoon, and skunk.

            (69) "Fyke net" means any cone-shaped net of vegetable or synthetic fibers having throats or flues which is stretched over a series of rings or hoops to support the webbing, with vertical panels of net wings set obliquely on one or both sides of the mouth of the cone-shaped net.

            (70) "Game fish" means all of the following species of freshwater and saltwater fish:

            (a) Freshwater game fish means largemouth bass (Micropterus salmoides), spotted bass (Micropterus punctulatus), shadow bass (Ambloplites ariommus), black or white crappie (Pomoxis nigromaculatus, P. annularis), white bass (Morone chrysops), yellow bass (Morone mississippiensi), striped bass (Morone saxatillis), hybrid striped bass (striped bass-white bass cross or striped bass-yellow bass cross), and any species of bream (Lepomis sp.).

            (b) Saltwater game fish means any sailfish (Istiopharus platypterus), blue marlin (Makaira indica), black marlin (Makaira nigricans), striped marlin (Tetrapturus audax), hatchet marlin (Tetrapturus spp.), white marlin (Tetrapturus albidus), and red drum (Sciaenops ocellatus).

            (71) "Gill net" means any net, of one or more layers, not customarily used for shrimp or menhaden fishing, with a mesh of such size and design as to be used primarily to catch or entangle fish by the gills or other boney projections.

            (72) "Hook" means any curved or bent device attached to a line for the purpose of taking fish or alligator and consisting of not more than one eye and one shank with no more than three barbs.

            (73) "Hoop net" means a cone-shaped net of vegetable or synthetic materials having throats or flues and which is stretched over a series of rings or hoops to support the webbing.

            (74) "Hunt" means, in different tenses, attempting to take.

            (75) "Hunter orange" means a daylight fluorescent orange color.

            (76) "Instantaneous natural and scenic rivers" means those rivers, streams, or bayous, or segments thereof, included in the Louisiana Natural and Scenic Rivers System at its inception.

            (77) "Landing net" means a net, usually a mesh bag of vegetable or synthetic material on a fixed frame attached to a handle, held and operated by hand for the sole purpose of assisting in the landing of a fish legally caught by other legal gear.

            (78) "Lead or wing net" means a panel of netting of any mesh size or length, with or without weights and floats attached to one or both sides of the mouth of a cone-shaped net having flues or throats, and set so as to deflect or guide fish toward the mouth of the net.

            (79) "Length of net (seines, trammel nets, gill nets, trawls, or other netting)" means the full measure of the extended net as in use or in possession on the fishing grounds, when measured along the cork line between the points where the webbing is attached to the rope at either end and does not include the additional rope used for pulling the net or attaching it to the arm-poles or trawl boards.

            (80) "License number" means the unique alphanumeric number which appears on and identifies a particular license or permit.

            (81) "Licensee" means any resident or nonresident lawful holder of an effective license duly issued under the authority of the department.

            (82) "Livestock" includes domesticated fish which are grown, managed, harvested, or marketed as a cultivated crop.

            (83) "Longline gear" means a line which is over four hundred forty yards long to which gangions and hooks are attached that is deployed horizontally and which may be retrieved by an electric or hydraulic hauler. Longline gear shall not mean a trotline as defined in this Section.

            (84) "Member" (See "Employee".).

            (85) "Menhaden seine" means a purse seine used to take menhaden and herring-like species.

            (86) "Mesh size" means the full measure of the mesh as found in use when measured as follows: Bar measure is the length of the full bar stretched from the near side of one knot to the far side of the other after being tarred, treated, or otherwise processed. Stretched measure is the full stretched distance from the near side of one knot to the far side of the opposite knot diagonally across the mesh. This measurement shall not be applicable to weaved or woven nets commonly used for menhaden fishing. In woven nets, stretched measure is the full stretched distance of the opening of the mesh; bar measure is one-half of stretched measure.

            (87) "Migratory waterfowl" means all species of wild ducks, geese, and coots.

            (88) "Minnow trap" means any device with throats or flues not to exceed one inch in width which is used for the sole purpose of taking minnows for bait.

            (89) "Monofilament" means a single untwisted synthetic filament.

            (90) "Mullet strike net" means a gill net that is not more than one thousand two hundred feet in length nor has a mesh size of not less than three and one-half inches stretched and is not anchored or secured to the water bottom or shore and which is actively worked while being used. A mullet strike net shall not be an unattended net as defined in this Section.

            (91) "Natural and scenic river" means a river, stream, or bayou, or segment thereof, that is in a free-flowing condition, that has not been channelized, cleared, and snagged within the past twenty-five years, realigned, inundated, or otherwise altered and has a shoreline covered by native vegetation and has no or few man-made structures along its banks. (See "instantaneous natural and scenic rivers".)

            (92) "Nongame quadruped" means alligators, beavers, bobcats, coyotes, gray foxes, minks, muskrats, nutrias, opossums, otters, raccoons, red foxes, skunks, and other wild quadrupeds valuable for their skins or furs.

            (93) "Nonresident" means any person who is not a bona fide resident as that term is defined in this Section. For the purpose of obtaining any type of commercial license within Part VI of this Chapter, a nonresident shall be a United States citizen or resident alien residing in another state or territory of the United States.

            (94) "Nonresident commercial fishing boat" means any boat or vessel registered in any state, or which has not continually been registered in this state for a period of more than twelve months, or which is not owned by any person who is a bona fide resident, and which is used for the purpose of taking or assisting in taking or catching fish from the waters of this state for pay or for the purpose of sale, barter, or exchange.

            (95) "Open season" means that period of time between two specific dates, the first and last days inclusive, during which wild birds, wild quadrupeds, and fish may be lawfully taken for either recreational or commercial purposes.

            (96) "Optimum" with respect to the yield from a fishery, means the amount of fish:

            (a) Which will provide the greatest overall benefit to the state, on a continuing basis, with particular reference to food production and recreational opportunities.

            (b) Which is prescribed as such on the basis of the maximum sustainable yield from such fishery, as modified by any relevant economic, social, or ecological factor.

            (97) "Overfished" means a stock of insufficient size or characteristics that prevents fishing at optimum yield on a continuing basis.

            (98) "Overfishing" means fishing at a rate that will lead to an overfished stock, or fishing an overfished stock at a rate that is in excess of a plan to rebuild the stock, or in the absence of a plan, fishing an overfished stock at a rate that prevents rebuilding the stock at a rate that is both biologically and economically sound.

            (99) "Paratrawling" is the fishing with a net by affixing a net to or holding a net from two or more vessels so as to pull the net between or behind the vessels.

            (100) "Pelt" means the skin or hide of a quadruped.

            (101) "Pelting" means removing the skin and fur of a quadruped in such manner as to render it marketable.

            (102) "Person" includes any individual person, association, corporation, partnership, or other legal entity recognized by law.

            (103) "Pompano strike net" means a gill net that is not more than one thousand two hundred feet in length nor has a mesh size of not less than five inches stretched and is not anchored or secured to the water bottom or shore and which is actively worked while being used. A mullet strike net shall not be an unattended net as defined in this Section.

            (104) "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.

            (105) "Practicable" means capable of being done or executed in a sensible, worthwhile, and economically feasible manner.

            (106) "Pre-charged pneumatic device" means any air gun that fires projectiles, including arrows or bolts, pneumatically with unignited compressed air or other gases that are mechanically pressurized without involving any chemical reactions.

            (107) "Private pond" for the purposes of the production and harvesting of aquatic livestock as defined in R.S. 56:411(B)(2) means a body of water which is: privately owned; and in which aquatic livestock as defined in R.S. 56:411(B)(2) are bred and raised under controlled conditions, or for which persons other than the owner may be required to pay a fee to the owner to fish in such body of water. The provisions of this Paragraph shall not be deemed to authorize or require the charging of a fee to fish by an owner of a private pond.

            (108) "Privately owned waters" means artificial reservoirs or enclosures located on privately owned property which are constructed so as to prevent at all times the ingress and egress of fish life from public waters; such reservoirs or enclosures located on privately owned property shall not include lands of natural streams or natural lake beds.

            (109) "Processing" means any method of preparing fish or fish products, or wild quadrupeds for market as described in this Paragraph: drying to a point of dehydration, canning, salting, packing or packaging of alligators or parts, breading, and cooking for immediate consumption, but not simple packing of fresh fish in a sack, bag, package, crate, box, lug, or vat.

            (110) "Propodus", or claw, means the forearm of the first leg of the stone crab and is measured from the immovable anterior-most tip of the claw to the base of the joint.

            (111) "Purse seine" means any net or device commonly known as a purse seine and/or ring net that can be pursed or closed by means of a drawstring or other device that can be drawn to close the bottom of the net, or the top of the net, or both. Such nets are constructed of mesh of such size and design as not to be used primarily to entangle commercial-size fish by the gills or other bony projection.

            (112) "Raptor" means a live migratory bird which is a member of the Accipitridae, except the bald eagle; or Falconidae; or a great horned owl.

            (113) "Recreational purpose" means a purpose other than deriving or attempting to derive an income of any kind from the harvest of fish. "Income" as used in this Paragraph shall not include a prize or award offered as a prize in a fishing tournament.

            (114) "Resident" (See "Bona fide resident".).

            (115) "Saltwater commercial fish" means any species of saltwater fish taken for commercial purposes. Saltwater commercial fish does not include any species of game fish.

            (116) "Saltwater fish" means all species of finfishes which normally inhabit the saline waters of the marine and estuarine environment for most of their life cycle.

            (117) "Saltwater recreational fish" means any species of saltwater fish taken for recreational purposes.

            (118) "Saltwater shrimp" means all species of shrimp of commercial or economic value found in the coastal waters of the state and in the Gulf of Mexico contiguous to the Louisiana coast, including the white shrimp or "common saltwater shrimp" (Litopenaeus setiferus), also called the "lake shrimp"; the brown shrimp (Farfantepenaeus aztecus); the pink shrimp (Farfantepenaeus duorarum); the "sea bob" (Xiphopeneus kroyeri), also called "six barbes"; and any other shrimp or like species which may be taken from coastal waters or sold through commercial channels.

            (119) "Scenic easement" means a contract between the adjacent riparian landowner and the system administrator which shall be in the nature of a development agreement for the purpose of preserving the natural state of the landscape through mutual agreement on the activities which might affect the natural landscape.

            (120) "Seaward" means in the direction of the nearest sea.

            (121) "Secretary" means the secretary of the Department of Wildlife and Fisheries.

            (122) "Seine" means any net used to enclose or entrap fish either in a bag or where its ends are pulled together on a vessel or a shore and constructed with a mesh of such size and design as not to be used primarily to ensnare or entangle commercial size fish by the gill or other boney projections. (See "Purse seine".).

            (123) "Seizure" means the temporary taking of a thing. (See "Confiscation".).

            (124) "Serviceable crab trap" means any crab trap of legal construction and condition maintained in such a manner with the potential to harvest crabs. Except as provided in R.S. 56:320(B)(3), maintained condition shall include being legally tagged, legally marked with float and float line attached and two escapement rings affixed whether obstructed or not.

            (125) "Shellfish" means an aquatic, invertebrate species having a shell. These species include but are not limited to oysters, clams, crayfish, shrimp, crabs, and other mollusks and crustaceans.

            (126) "Shoreline" means the shoreline in coastal waters which shall be the same line as described in R.S. 56:495.

            (127) "Skimmer nets" means a net attached on two sides to a triangular frame and suspended from or attached to the sides of a boat, with one corner attached to the side of the boat and one corner resting on the waterbottom. A ski and one end of the lead line are attached to the corner of the frame that rests on the waterbottom and the other end of the lead line attached to a weight which is suspended from the bow of the boat.

            (128) "Slat trap" means any device, used solely for the capture of catfish, which is cylindrical, rectangular, or square in cross section configuration, constructed of slats forming the length of the trap, with at least one pair of slats spaced at least one inch apart from each other on at least three sides of the trap; and which is no more than six feet in length, two feet in diameter or width; and which has one or more cone-shaped throats, flues, or entrances.

            (129) "Standard .22 caliber rimfire" means any rimfire .22 caliber, including short or long, long rifle, or .22 magnum. Standard .22 caliber rimfire does not include any .22 centerfire.

            (130) "Stock" and "unit of fish" mean an individual species of fish and "interrelated stocks" means a group of species that for whatever reason tend to be harvested simultaneously by a single type of fishing gear.

            (131) "Stone crab" means the western gulf stone crab (Menippe adina).

            (132) "Strike fishing" means that the school of fish is visible from the surface and the strike net is placed around the school.

            (133) "Strike net" means any gill net, trammel net, or seine net not anchored or secured to the water bottom or shore and which is actively worked while being used.

            (134) "Surface easement" means a contract between the stream owner and the system administrator which shall relieve the landowner of liabilities and assure the public of access and use of the stream surface.

            (135) "System" means the Louisiana Natural and Scenic River System.

            (136) "Tackle" means any device or equipment used to take fish or other living aquatic resources and any device or equipment had in possession which may be used for taking or attempting to take fish or other living aquatic resources.

            (137) "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.

            (138) "Tanning" means the conversion of alligator skins or fur pelts into an intermediate or finished form and includes the following: crust tanning alligator leather, dyeing alligator leather, glazing alligator leather, tanning fur pelts, shearing fur pelts, and dyeing fur pelts, and includes the dressing of skins and furs.

            (139) "Threatened or endangered species" means any species of wildlife determined by the secretary or by the Secretary of the United States Department of the Interior, with concurrence by the commission, to be of a class that requires protective regulation to prevent its extinction or the destruction or deterioration of its economic usefulness within this state, presently or in the foreseeable future.

            (140) "Total length" means the longest measurable distance from the outermost portion of the snout lengthwise to the outermost portion of the caudal fin. Extended snouts such as those occurring on marlin, swordfish, and sawfish are not included; snout refers to the outermost portion of the mandible in those and other fish having extended snouts.

            (141) "Trammel net" means any device composed of layers of netting material attached to one or more float lines or one or more weighted bottom lines, with the layers of netting being constructed of fine mesh and of larger mesh so that a fish attempting to pass through the device pushes the smaller mesh through the larger mesh creating a pocket or compartment in which the fish is entrapped, entangled, or restricted.

            (142) "Transport" means, in its different tenses, the act of shipping, attempting to ship, receiving or delivering for shipment, transporting, conveying, carrying, or exporting by air, land, or water, or by any means whatsoever.

            (143) "Trap" means any device used in the capture of birds, quadrupeds, or fish.

            (144) "Trawl" means any net, generally funnel-shaped, pulled through the water or along the bottom with otter boards to spread the mouth open while being fished. The term trawl also means and includes plumb staff beam trawls that do not exceed sixteen feet, that do not use otter boards but are held open laterally by a horizontal beam and vertically by two vertical beams (plumb staffs), and that are used while the vessel is under way.

            (145) "Trigger" means any tension loaded rubber band or spring device that contains several feet of line and a hook or hooks, which is baited and set, and which automatically hooks and plays a fish.

            (146) "Trotline" means a line which is four hundred forty yards or less to which hoop drops are tied at various intervals or gangions and hooks are attached and which may be retrieved manually or by electric or hydraulic haulers.

            (147) "Unattended net" means any net in the water to which the licensee thereof cannot be located within two hundred feet thereof.

            (148) "Underutilized species" means species of fish, bivalves, and reptiles that have commercial development potential which has not been fully realized. Historically, this has included shark, clams, alligators, mullet, squid, gafftopsail catfish, hardhead catfish, spot, pinfish, silver eel, spanish mackerel, croaker, and black drum.

            (149) "Unserviceable crab trap" shall mean any crab trap which is not a serviceable crab trap.

            (150)(a) "Wild birds" means and includes any and all of the following:

            (i) Migratory game birds: all species of ducks, geese, rails of all species, coots (poule d'eau), gallinules, snipe, woodcock, and wild doves of all species.

            (ii) Resident game birds: wild turkey, black francolin, bobwhite quail, and pheasants of all species.

            (iii) Outlaw birds: crows, red-wing blackbirds (rice birds), English sparrows, starlings, and when destructive to crops, grackles and other species of blackbirds.

            (iv) Protected birds: all resident and migratory wild birds not described hereinbefore as game birds or outlaw birds are protected.

            (b) Wild birds does not include birds taken, possessed, or transported under the provisions set forth in the game breeder or hunting preserve licenses.

            (151)(a) "Wild quadrupeds" means and includes any and all of the following:

            (i) Game quadrupeds: wild deer, bears, squirrels, and wild rabbits.

            (ii) Outlaw quadrupeds: coyotes, armadillos, and feral hogs.

            (iii) Protected quadrupeds: wolves, cougars, bobcats, and foxes; provided that foxes and bobcats may be run with dogs.

            (iv) Nongame quadrupeds: mink, otter, muskrat, nutria, beaver, weasels, raccoons, skunks, opossum, alligator, and other wild quadrupeds valuable for their skins or furs.

            (b) Wild quadrupeds does not include wild quadrupeds taken, possessed, or transported under the provisions set forth in the game breeder license. The terms "wild quadrupeds" and "wild game quadrupeds" shall not include buffalo, bison, or beefalo.

            (152) "Wildlife" means all species of wild vertebrates.

            (153) "Wildlife and fisheries agent, special" (or "special agent") means any person appointed under authority of the secretary to serve in an honorary capacity without compensation.

            (154) "Wildlife management area" means any area set aside, maintained, and supervised by the commission for the purpose of managing and harvesting wild birds, wild quadrupeds, fish, and other aquatic life under controlled conditions to afford maximum public hunting and fishing opportunity.

            (155) "Wildlife refuge" means any area set aside and designated by the commission as a refuge on which wild birds and animals are protected. Control of certain forms of wildlife may be conducted by the department.

            (156) "Wing net". (see "Lead net".).

            (157) "Wire net" means a cone-shaped net of vegetable or synthetic materials, with a mesh no less than one inch square or two inches stretched, having throats or flues and which is stretched over wire of five-inch mesh or greater to support the webbing.

            (158) "Work box" means a standard crab crate as used by a commercial crab fisherman aboard the vessel to sort or cull undersized crabs from the harvest in order to obtain a legal catch.

            (159) "Yo-yo" means any spring-loaded reel device that contains several feet of line and a hook or hooks, which, when baited and set, automatically hooks and plays a fish.

            Acts 1990, No. 54, §1; Acts 1990, No. 564, §1; Acts 1991, No. 157, §1, eff. July 2, 1991; Acts 1991, No. 631, §1; Acts 1991, No. 698, §1; Acts 1991, No. 708, §1; Acts 1991, No. 859, §1; Acts 1991, No. 931, §1; Acts 1992, No. 174, §1; Acts 1992, No. 256, §1, eff. July 1, 1993; Acts 1992, No. 499, §1, eff. June 22, 1992; Acts 1992, No. 528, §3, eff. June 29, 1992; Acts 1995, No. 155, §1; Acts 1995, No. 543, §2; Acts 1995, No. 604, §1; Acts 1995, No. 1039, §1, eff. June 29, 1995; Acts 1995, No. 1043, §1; Acts 1995, No. 1316, §§2, 3; Acts 1997, No. 205, §1; Acts 1997, No. 303, §1; Acts 1997, No. 802, §1, eff. July 10, 1997; Acts 1997, No. 1181, §1; Acts 1997, No. 1233, §1; Acts 1997, No. 1234, §1, eff. July 1, 1998; Acts 1997, No. 1237, §1; Acts 1998, 1st Ex. Sess., No. 155, §1, eff. May 7, 1998; Acts 1998, 1st Ex. Sess., No. 164, §2; Acts 1999, No. 177, §1; Acts 1999, No. 422, §1, eff. June 18, 1999; Acts 1999, No. 469, §1; Acts 1999, No. 1170, §1; Acts 1999, No. 1207, §1; Acts 1999, No. 1338, §1; Acts 2001, No. 149, §1; Acts 2001, No. 329, §1; Acts 2003, No. 274, §1; Acts 2003, No. 379, §1; Acts 2003, No. 566, §1; Acts 2004, No. 126, §1, eff. Nov. 15, 2004; Acts 2004, No. 240, §1; Acts 2008, No. 23, §1, eff. July 1, 2008; Acts 2010, No. 743, §2B, eff. July 1, 2010; Acts 2014, No. 429, §1; Acts 2016, No. 7, §1; Acts 2019, No. 293, §1; Acts 2021, No. 356, §3, eff. June 1, 2022; Acts 2022, No. 215, §1.