1907 CHAPTER 14. An Act for the Protection of Game. (Assented to March 15, 1907.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: SHORT TITLE. 1. This Act may be cited as The Game Act." Short title INTERPRETATION. 2. In this Act unless the context otherwise requires 1. The term "game" shall apply to all animals, dead or alive, mentioned in sections 4 and 5 of this Act and to the parts of such animals as well as to the birds protected by section 21 of this Act; 2. The term "big game" shall apply to such animals as are mentioned in section 4 of this Act and to the parts of such animals; 3. The term game bird" shall apply to all birds belonging to the families mentioned in section 5 of this Act; 4. The term "fur bearing animal" shall apply to such animals as are mentioned in section 6 of this Act; 5. The term "close season" shall mean the period during which the killing of any animals or birds is prohibited by this Act; 6. The term "nonresident" shall mean a person who does not reside in the Province of Alberta; 7. The term "guardian guardian" shall apply to any person appointed under the provisions of this Act to see to its enforcement; 8. The term "minister" shall mean the Minister of Agriculture; 9. The period of close seasons shall include the first date but not the last mentioned. Interpretation PROHIBITIONS. Hunting on Sunday prohibited Big game protected Game birds protected 3. No person shall hunt, trap, take, shoot at, wound or kill any animal or bird mentioned in this Act on the first day of the week, commonly known as Sunday. 4. No person shall hunt, trap, take, shoot at, wound or kill: 1. Any bison or buffalo at any time; 2. Any mountain sheep or goat before the 1st day of October, 1909; 3. Any elk, or wapiti before the 1st day of November, 1910; 4. Any prong horn antelope between the 1st day of November and the 1st day of October in the following year, and in any event not more than two of such animals; 5. Any of the deer family, whether known as caribou, moose, deer, or otherwise, between the first day of December and the first day of November in the following year and in any event not more than one animal of any one species of such family. 5. No person shall hunt, trap, take, shoot at, wound or kill: 1. Any bird of those species of the family Anatidae, commonly known as ducks and swans, between the first day of January and the 23rd day of August: Provided always that any person may at any time take and kill in that portion of the province lying to the north of township 50, any (Oidemia deglandi) commonly known as white-winged Scoter; 2. Any bird of the family Gruidae, commonly known as cranes, between the first day of January and the first day of September; 3. Any bird of the family Rallidae, or rails and coots, between the first day of January and the first day of September; 4. Any bird of the family Limicolae, or shore birds, including snipe, sandpiper, plover and curlew between the first day of January and the first day of September; 5. Any bird of the family Gallinae, commonly known as grouse, partridge, pheasant, ptarmigan and prairie chicken before the 15th day of September, 1908, and after such date between the first day of November, 1908, and the first day of October, 1909; and between the first day of November and the first day of October in each year thereafter, provided that no English pheasant shall be taken or killed at any time, nor shall more than twenty birds of the family Gallinae be killed by one person in any one day nor more than two hundred in a season; and no person other than a game guardian in respect of game forfeited under the provisions of this Act shall at any time buy, sell, barter or exchange any bird in this subclause mentioned. 6. No person shall hunt, trap, take, shoot at, wound or Fur bearing kill; 1. Any mink, fisher, or marten between the first day of April and the first day of November; 2. Any otter between the first day of May and the first day of November; 3. Any muskrat between the first day of May and the first day of November; 4. Any beaver at any time before the thirty-first day of December, 1912. animals enclosed lands 7. No person shall at any time hunt, trap, take, shoot at, Hunting over wound or kill any bird or other animal mentioned in this prohibited Act, if it be upon or over any land enclosed by a fence of any kind, or any land under cultivation or covered by buildings, nor shall he allow his dog or dogs used for hunting to enter upon such lands without having obtained the consent of the owner or occupant thereof. night prohibited 8. No person shall hunt, trap, take, shoot at, wound or kill Hunting at any big game or game bird between one hour after sunset and one hour before sunrise. 9. No person shall at any time use or set for the destruc- Modes of tion or capture of game: 1. Any poison, opium or other narcotic; 2. Any sunken punts, nightlights, traps, nets or snares of any kind, swivel, spring, automatic or machine shot guns; and any person finding such contrivance set or in use may destroy them without incurring any liability therefor. capture prohibited prohibited permit 10. No person or corporation or any railway company, Export of game express company or other common carrier, except as herein except by provided, shall at any time or in any manner export or cause to be exported or carried, or to have in possession for the purpose of exporting or carrying out of the limits of this province, any of the animals or birds mentioned in this Act, except in pursuance and by virtue of a permit from the Minister of Agriculture. Regulating the sale of game heads 11. No person other than a game guardian in respect to game forfeited under the provisions of section 34 except as herein provided for shall sell or expose for sale, barter or trade, nor shall any person buy or obtain from any other person by barter or trade or in any other manner the head or heads of any big game. (2) Any person who wishes to sell any game heads shall make application to the Minister of Agriculture by forwarding an affidavit stating that said heads were lawfully acquired by him accompanied by the necessary fees, when said head or heads will be stamped or branded with the stamp or brand of the Department of Agriculture, and all heads so stamped or branded may be bought or sold by any person at any time. The fees to be collected for stamping or branding said heads shall be as follows: The head of mountain sheep Exportation of low grade furs Eggs protected Sporting dogs to be kept confined Resident's license $500 12. No person, except as herein provided for, shall ship out of the province a skin or pelt of any fur-bearing animal which is unprime. 13. No person shall, except as herein provided for, at any time wilfully disturb, destroy or take the eggs of any game or other birds protected by this Act. 14. No dog or dogs shall be used by any person or persons to hunt big game and no owner of a dog accustomed to pursue big game shall allow such dog to run at large in any locality where big game are usually found, and any dog found running big game at any time may be killed by any person without incurring any liability therefor. 15. No person shall hunt, trap, take, shoot at, wound or kill any big game protected by this Act without having in his possession a license duly issued to him so to do, which shall be known as a resident's big game license. This section shall not apply to the residents of that part of the province lying to the north of a line described as follows: Commencing at a point where the eastern boundary of the province is intersected by the North Saskatchewan river; thence along the said river to a point where the fifty-fourth degree of north latitude is intersected by the said river; thence westerly along the said fifty-fourth degree of north latitude to a point where such degree intersects the one hundred and fifteenth degree of longitude; thence south along the said one hundred and fifteenth degree of longitude to a point where such degree of longitude intersects the fifty-third degree of north latitude; thence westerly along the said fifty-third degree of north laitude to the western boundary of the province. 16. No person or persons shall buy and sell, deal or traffic Game dealers in the flesh of any big game or game bird, without having first obtained a license in that behalf, every such license shall be issued by the minister and shall be in force for the calendar year in which same is issued and shall be subject to the provisions of the game laws in force in the province at the time said license is granted; the fee therefor shall not exceed the sum of ten dollars. (2) Every such person or persons shall on or before the thirty-first day of December in every year return said license to the Department of Agriculture with a statement showing the number of animals and birds bought and sold and from whom procured under the said license and such statement shall be sworn to by such person or persons or their authorized agent. nonresident 17. No person not a resident of and domiciled in the prov-License for ince shall be entitled to hunt, trap, take, shoot at, wound or kill any big game or game bird, or fur-bearing animal whether protected by this Act or not without first obtaining a license in that behalf; every such license shall be signed by the minister and shall be in force for the calendar year in which the same is issued and shall be subject to the provisions of the game laws in force in the province at the time the said license is granted; the fee to be paid therefor shall be $25 for a general license and $15 for a bird license, or $10 for a license to trap fur-bearing animals. Such license shall not be valid unless the signature of the person to whom it is issued is endorsed thereon. (2) A holder of a general license shall be entitled to take with him out of the province as trophies the head, skin and hoofs of any big game that have been legally killed by him. 18. Notwithstanding anything contained in the next pre-Guest permit ceding section any guardian may grant permission in writing in form A in the schedule to this Act for a period not exceeding five consecutive days to any person not a resident of the province who is a bona fide guest of any resident of the province, permitting such person to hunt, take and kill any game within the period in which it is lawful for such resident to hunt. |