New Iberia enterprise and independent observer. (New Iberia, La.) 1902-1944, 1911-04-01
FISHERMEN MAY LAWFULLY
SELL FISH.


Such is the opinion rendered
Tuesday morning by Mr.. Amos l..
Ponder, attorney for the board
of commissioners for the protec-
tion of birds. game and fish. Mr.
Ponder was requested to render
an opinion on the close season by
President Frank NJ. Miller, of the
game commission, rather than
force a hardship on the market
fishermen because of the provl-
sions of section 6 of the fish law.
This section provides that no salt
water fish can be caught in a
seine, hoop net, tr1-line. bush
line. or set-line between April l
and June /.
The section referred to worried
the professional fishermen, who
were under the impression they
could not catch salt water fish
with hook and line during the
period mentioned for market pur
poses They protested to the
game commission, and the result
was that President Miller re-
ferred the question to Attorney
Ponder.
A Victory for Fishermen.
Attorney Ponder's decision on
the question Is a victory for the
fishermen. While they will not
be permitted to catch salt water
fish with seine during April, May
and June, there will be nothing
to prevent them from fishing with
the lines. The months in ques-
ton are among the best Of the
whole year for catching sneeps-
laaad, croakers, Spanish macke
rel, red and other salt wa,er Fl h.
The fish are plentiful during that
period and they bite freely.
Answering Mr.. Miller's ques-
tiorE on this subject, Attorney
Ponder wrote as follows:
"With reference to the sale of
salt water fish. such as Sleeps
head. croakers, Spanish mackerel, !,
red fish, etc, caught with rod,
hook and line or with hand line,
would say that I do not believe
the law construed altogether
would forbid the sale of such salt
water fish during the close sea-
son for seining. In fact, there is
no close season. against fishlnei
with rod, hook and line, or with
hand line for any fish or in any
waters Of this State, but the law
especially prohibits the sale during
a certain period of bass (green
trout or fresh water game fish. 4"
Law Not Inconsistent.
"Now, if the law would have
intended to prohibit the sale of
these salt water fish, which the
law permits a person to catch, 1t
would have said so directly, as it
did in the case of bass and other
fish mentioned. 1t would be fol-
ly to construe a law that permits
a fish to be caught by certain
means at all seasons of the year
and then prohibit its sale, unless
the law specially declared, as it
does in the case Of bass, etc.
"What the law does prohibit
is seining while the law does pro-
hibit is seining while the spawn
is on the ground, because the
dragging of the seine destroys
millions of eggs. Therefore, my
advice is to enforce the law ac
c.r(:ing to it's spirit, written ali
over the face Of it, and with the
view of accomplishing the pur
pose of the law, rather than be too
technical without securing the OBJ
iect sought to be obtained" ;"
Touching on the question of po-
lice regulation, moderations and
the best manner to bring about
the cause of fish conservation.
Attorney Ponder, wrote:
Don't Be Too Technical.
"New police regulations chang
ing the customs, traditions, and
teachings of a people for years
and years, should be enforced, it
is true, but should be done with
such moderation, justice and fair
ness, so as to create the least per-
sonal loss, the most trifling incon-
venience possible, and with the
view of creating the least hard
ships and causing the least pos
sible sufferings.
"The great cause of conserva-
ton must be brought about more
by the intelligent enforcement of
a law and by education and the
good will of the people, rather
than by the cold technical and
rigorous statute rashly enforced
The law you must enforce, but do
it sanely, which know to be your
sentiments personally"
Another important feature
touched on by Attorney Ponder
is that Of fishing with seine in
the Gulf Of Mexico, and in this
connection he expresses himself
as follows:
"The State Of Louisiana has
no jurisdiction over the fish, per
sons or seines used in the waters
of the Gulf of Mexico, beyond the
jurisdiction of Louisiana. Ii
fact. the seas beyond the geo
graphical and jurisdiction limits
| Of. state belong to all the peo
| pie of the world, and under in