BP in violation of Louisiana law - owes half a mil for each dead animal

[SpidermanTuba]

Louisiana Title 56 Section 761

§761. Protection of wild animals and birds on wildlife refuges, wildlife management areas, and public hunting grounds

A. No person shall, except in accordance with commission rules and regulations, kill, snare, pursue with intent to kill, take by any means, or have in possession any wild animal or bird upon any state wildlife refuge, wildlife management area, or public hunting ground.

B. Each killing or pursuing with intent to kill, snaring, taking, or having in possession of any wild animal or bird, on a wildlife refuge, wildlife management area or public hunting ground, constitutes a separate offense.

C. This Section does not prohibit the secretary from killing or having killed any noxious animals on lands under his supervision, or from having caught or snared any wild animals or birds for the purpose of propagation, restocking, or scientific investigation.

This is a class two violation according to 56:764

Violation of the provisions of R.S. 56:761, R.S. 56:762, or R.S. 56:763 constitutes a class two violation.

, first which the fine for 3rd and subsequent offenses is $500,000



56:32

The following penalties shall be imposed for a class two violation:

(1) For the first offense, the fine shall be not less than one hundred dollars nor more than three hundred fifty dollars, or imprisonment for not more than sixty days, or both;

(2) For the second offense, the fine shall be not less than three hundred dollars, nor more than five hundred fifty dollars, and imprisonment for not less than thirty days nor more than sixty days;

(3) For the third offense and all subsequent offenses, the fine shall be not less than five hundred dollars nor more than seven hundred fifty dollars, and imprisonment for not less than sixty days nor more than ninety days, and forfeiture to the commission of anything seized in connection with the violation.

Acts 1981, No. 837, §1; Acts 1988, No. 240, §

 

[martybegan]

Louisiana Title 56 Section 761

§761. Protection of wild animals and birds on wildlife refuges, wildlife management areas, and public hunting grounds

A. No person shall, except in accordance with commission rules and regulations, kill, snare, pursue with intent to kill, take by any means, or have in possession any wild animal or bird upon any state wildlife refuge, wildlife management area, or public hunting ground.

B. Each killing or pursuing with intent to kill, snaring, taking, or having in possession of any wild animal or bird, on a wildlife refuge, wildlife management area or public hunting ground, constitutes a separate offense.

C. This Section does not prohibit the secretary from killing or having killed any noxious animals on lands under his supervision, or from having caught or snared any wild animals or birds for the purpose of propagation, restocking, or scientific investigation.

This is a class two violation according to 56:764

Violation of the provisions of R.S. 56:761, R.S. 56:762, or R.S. 56:763 constitutes a class two violation.

, first which the fine for 3rd and subsequent offenses is $500,000



56:32

The following penalties shall be imposed for a class two violation:

(1) For the first offense, the fine shall be not less than one hundred dollars nor more than three hundred fifty dollars, or imprisonment for not more than sixty days, or both;

(2) For the second offense, the fine shall be not less than three hundred dollars, nor more than five hundred fifty dollars, and imprisonment for not less than thirty days nor more than sixty days;

(3) For the third offense and all subsequent offenses, the fine shall be not less than five hundred dollars nor more than seven hundred fifty dollars, and imprisonment for not less than sixty days nor more than ninety days, and forfeiture to the commission of anything seized in connection with the violation.

Acts 1981, No. 837, §1; Acts 1988, No. 240, §

The law does not mention death by omission. The statue seems to be more designed towards poaching.

Also what is the defintion of a wildlife refuge, management area, or hunting ground.

Finally the fine is no more than $750 per animal, where are you getting 500k per?

 

[Lonestar_logic]

Louisiana Title 56 Section 761

§761. Protection of wild animals and birds on wildlife refuges, wildlife management areas, and public hunting grounds

A. No person shall, except in accordance with commission rules and regulations, kill, snare, pursue with intent to kill, take by any means, or have in possession any wild animal or bird upon any state wildlife refuge, wildlife management area, or public hunting ground.

B. Each killing or pursuing with intent to kill, snaring, taking, or having in possession of any wild animal or bird, on a wildlife refuge, wildlife management area or public hunting ground, constitutes a separate offense.

C. This Section does not prohibit the secretary from killing or having killed any noxious animals on lands under his supervision, or from having caught or snared any wild animals or birds for the purpose of propagation, restocking, or scientific investigation.

This is a class two violation according to 56:764

Violation of the provisions of R.S. 56:761, R.S. 56:762, or R.S. 56:763 constitutes a class two violation.

, first which the fine for 3rd and subsequent offenses is $500,000



56:32

The following penalties shall be imposed for a class two violation:

(1) For the first offense, the fine shall be not less than one hundred dollars nor more than three hundred fifty dollars, or imprisonment for not more than sixty days, or both;

(2) For the second offense, the fine shall be not less than three hundred dollars, nor more than five hundred fifty dollars, and imprisonment for not less than thirty days nor more than sixty days;

(3) For the third offense and all subsequent offenses, the fine shall be not less than five hundred dollars nor more than seven hundred fifty dollars, and imprisonment for not less than sixty days nor more than ninety days, and forfeiture to the commission of anything seized in connection with the violation.

Acts 1981, No. 837, §1; Acts 1988, No. 240, §

Do you know what the word "intent" or "purpose" means?

 

[WillowTree]

spiderman tuba creaming in his drawers..

 

[SpidermanTuba]

Louisiana Title 56 Section 761

§761. Protection of wild animals and birds on wildlife refuges, wildlife management areas, and public hunting grounds

A. No person shall, except in accordance with commission rules and regulations, kill, snare, pursue with intent to kill, take by any means, or have in possession any wild animal or bird upon any state wildlife refuge, wildlife management area, or public hunting ground.

B. Each killing or pursuing with intent to kill, snaring, taking, or having in possession of any wild animal or bird, on a wildlife refuge, wildlife management area or public hunting ground, constitutes a separate offense.

C. This Section does not prohibit the secretary from killing or having killed any noxious animals on lands under his supervision, or from having caught or snared any wild animals or birds for the purpose of propagation, restocking, or scientific investigation.

This is a class two violation according to 56:764

, first which the fine for 3rd and subsequent offenses is $500,000



56:32

The following penalties shall be imposed for a class two violation:

(1) For the first offense, the fine shall be not less than one hundred dollars nor more than three hundred fifty dollars, or imprisonment for not more than sixty days, or both;

(2) For the second offense, the fine shall be not less than three hundred dollars, nor more than five hundred fifty dollars, and imprisonment for not less than thirty days nor more than sixty days;

(3) For the third offense and all subsequent offenses, the fine shall be not less than five hundred dollars nor more than seven hundred fifty dollars, and imprisonment for not less than sixty days nor more than ninety days, and forfeiture to the commission of anything seized in connection with the violation.

Acts 1981, No. 837, §1; Acts 1988, No. 240, §

Do you know what the word "intent" or "purpose" means?

Do you know what a "strict liability crime" is? Clearly not, so I will explain it to you. Its any crime where the law does not require mens rea. Examples include parking violations, statutory rape, and the law I just mentioned. Unless there is a part somewhere that I'm missing which says the act must be willful or deliberate - if so, please point it out.

 

[martybegan]

Louisiana Title 56 Section 761



This is a class two violation according to 56:764

, first which the fine for 3rd and subsequent offenses is $500,000



56:32

Do you know what the word "intent" or "purpose" means?

Do you know what a "strict liability crime" is? Clearly not, so I will explain it to you. Its any crime where the law does not require mens rea. Examples include parking violations, statutory rape, and the law I just mentioned. Unless there is a part somewhere that I'm missing which says the act must be willful or deliberate - if so, please point it out.

Strict liability must be inherent in the law as stated, if not mens rea is required. Also the question of juristiction applies, and federal statues under the CWA already seem to apply.

and the 3rd violation is still $500 to $750, where are you getting the 500k number.

 

[SpidermanTuba]

Louisiana Title 56 Section 761

§761. Protection of wild animals and birds on wildlife refuges, wildlife management areas, and public hunting grounds

A. No person shall, except in accordance with commission rules and regulations, kill, snare, pursue with intent to kill, take by any means, or have in possession any wild animal or bird upon any state wildlife refuge, wildlife management area, or public hunting ground.

B. Each killing or pursuing with intent to kill, snaring, taking, or having in possession of any wild animal or bird, on a wildlife refuge, wildlife management area or public hunting ground, constitutes a separate offense.

C. This Section does not prohibit the secretary from killing or having killed any noxious animals on lands under his supervision, or from having caught or snared any wild animals or birds for the purpose of propagation, restocking, or scientific investigation.

This is a class two violation according to 56:764

, first which the fine for 3rd and subsequent offenses is $500,000



56:32

The following penalties shall be imposed for a class two violation:

(1) For the first offense, the fine shall be not less than one hundred dollars nor more than three hundred fifty dollars, or imprisonment for not more than sixty days, or both;

(2) For the second offense, the fine shall be not less than three hundred dollars, nor more than five hundred fifty dollars, and imprisonment for not less than thirty days nor more than sixty days;

(3) For the third offense and all subsequent offenses, the fine shall be not less than five hundred dollars nor more than seven hundred fifty dollars, and imprisonment for not less than sixty days nor more than ninety days, and forfeiture to the commission of anything seized in connection with the violation.

Acts 1981, No. 837, §1; Acts 1988, No. 240, §

The law does not mention death by omission. The statue seems to be more designed towards poaching.

Also what is the defintion of a wildlife refuge, management area, or hunting ground.

Finally the fine is no more than $750 per animal, where are you getting 500k per?

My bad, I edited.

This isn't death by omission, its death by oil.

And almost all the areas the oil is hitting where there is lots of wildlife fall under the law.

 

[SpidermanTuba]

Strict liability must be inherent in the law as stated, if not mens rea is required.

According to what law?

 

[LANMaster]

By your own quoting of the law, BP is not liable the way you claim due to tyhe wording of intent.

Gross neglegence is not intent, Bozo.

I know you want the government to takeover BP and all major corporations. It is the goal of all Communists.
I just registered here today, and already I have you pidgeon-holed correctly as a left wing loon, and perhaps even an Obama worshipper. Am I right?

BP has HUGE responsibility in this disaster.
Nobody's going to let them off the hook with a slap on the hand. Nor should they.

Far as boycotting BP for a time, I may even join you in that. There's a few BP stations here in Central USA that I will avoid for a couple years, as I also did with Exxon.

But you must also understand the chain of idiocy that exascerbated this mess.

First thing was the UTTER IDIOCY of trying to put out the fire using sea water. They successfully SUNK THE PLATFORM which broke the line a mile down instead of at the surfacer where the flow could have been much easier to control.

Secondly was not allowing the oil to burn off, and instaed fighting the fire until it was put out.

Thirdly was the environmentalist IDIOCY of not bombarding the spill with chemical dispersements EARLY ON while the spill was largely localized.

Fourthly is the CONTINUING dragging of the feet of the government not getting the proper booms and other equipment to the spill perimeter until over 45 days after the spill. Obama owns that delay.

Fifthly is the utter idiocy of forcing oil companys to drill in deeper water out of site of the coastline, by prohibiting near shore platforms and drilling in places like ANWR.

ANWR has been ready to tap for 15-20 years. It should have been tapped a long time ago, and we'll need to start now if we're going to open the flow in the next 5 years. The environmental impact is LITERALLY nominal.

BP is in trouble. No doubt.
But we still don't know who is in charge because the government is out and out neglegent. Obama stating that he is in charge is as hollow as Keith Olbermann's cranium.

Cheers

 

[Dont Taz Me Bro]

first which the fine for 3rd and subsequent offenses is $500,000

For the death of an animal? I don't think so.

 

[martybegan]

Louisiana Title 56 Section 761



This is a class two violation according to 56:764

, first which the fine for 3rd and subsequent offenses is $500,000



56:32

The law does not mention death by omission. The statue seems to be more designed towards poaching.

Also what is the defintion of a wildlife refuge, management area, or hunting ground.

Finally the fine is no more than $750 per animal, where are you getting 500k per?

My bad, I edited.

This isn't death by omission, its death by oil.

And almost all the areas the oil is hitting where there is lots of wildlife fall under the law.

Death by oil in this case IS death by omission at worst, not death by intent. Even if negligence was at fault BP's goal wasnt to kill said animals. Again if you read the statute is appears to be an anti-poaching law. You might be able to find a trial judge that would convict but it would be decimated in appeals.

The clean water act violation is a much legally cleaner approach.This statue was desgined to prevent swamp rats from poaching alligators to sell for purses and such.

 

[Lonestar_logic]

Louisiana Title 56 Section 761



This is a class two violation according to 56:764

, first which the fine for 3rd and subsequent offenses is $500,000



56:32

Do you know what the word "intent" or "purpose" means?

Do you know what a "strict liability crime" is? Clearly not, so I will explain it to you. Its any crime where the law does not require mens rea. Examples include parking violations, statutory rape, and the law I just mentioned. Unless there is a part somewhere that I'm missing which says the act must be willful or deliberate - if so, please point it out.

The law is clear, ther must be an intent to kill. It says nothing about accidental or incidental killing of birds. Nice try but you fail.