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This entry was published on 2014-09-22
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SECTION 11-1901
Breeding of domestic game birds
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 11, TITLE 19
§ 11-1901. Breeding of domestic game birds.

1. The department may, in its discretion, issue to an owner or lessee
of wholly enclosed lands, or an entire island, a domestic game bird
breeder's license permitting him to possess and propagate such species
of domestic game birds as, in its opinion, he has facilities for
propagating on the licensed premises. The license shall expire on March
31 every fifth year. The department shall prescribe and furnish forms
for application for such license. Applicants shall pay to the
department, and the department shall be entitled to receive, fees
according to the type of license so issued as follows:

a. Class A license, two hundred dollars. This license shall allow the
holder thereof to purchase, possess, propagate, transport and sell
domestic game birds, dead or alive, and their eggs.

b. Class B license, forty dollars. This license shall allow the holder
thereof to purchase, possess and propagate domestic game birds for his
own use. Birds may be killed for food or released to the wild for
restocking. No live birds or their eggs or carcasses may be sold,
exchanged or given away.

2. The department may revoke the license of any licensee convicted of
a violation of this section, and no license shall be issued to him for
the ensuing two years. The licensee, unless he shall waive such right,
shall have an opportunity to be heard. Notice of hearing shall be given
by mailing the same in writing to the licensee at the address contained
in his license. Attendance of witnesses may be compelled by subpoena.
Revocation shall be deemed an administrative act reviewable by the
supreme court as such.

3. Only domestic game birds legally propagated or acquired shall be
possessed under these licenses.

4. On the licensed premises the licensee may kill domestic game birds
at any time in any manner except by shooting. Nothing in this section
shall be construed to prohibit the shooting of domestic game birds
liberated on the licensed premises if such shooting is done during the
open season for such species or pursuant to a license under section
11-1903.

5. Each such domestic duck, goose, brant and swan shall be marked in
accordance with requirements set forth in rules and regulations
established by the department of the interior pursuant to 50 C.F.R. 21
as may be amended from time to time. Such information shall be provided
by department press release and any other means that the department
determines to be appropriate and effective, including posting on the
department's public website. Birds so marked, which have escaped, may be
recaptured by the licensee. Escaped birds may be recaptured only on the
premises of the licensee.

6. The holder of a domestic game bird breeder's license shall keep
records and make reports as required by and upon forms furnished by the
department. The reports shall be subscribed by the licensee, and shall
contain an affirmation that the statements therein are made subject to
the penalties of perjury. The records shall be continuous and current
and shall be kept on the licensed premises, and the licensee shall allow
any representative of the department to enter upon the premises to
inspect his operations and records. Records must be retained for a
period of three years.

7. On the licensed premises the licensee may take any unprotected wild
bird, or any predatory wildlife except, protected birds, disturbing
domestic game. Such birds or wildlife may be taken at any time and in
any manner, except that no trap of the leg-gripping type, having teeth
in the jaws or having a greater spread of jaws than six inches, shall be
used for such purpose, nor shall a trap be set so that any wildlife when
caught shall be suspended. Carcasses of such birds or wildlife shall be
immediately buried or cremated, except that carcasses of unprotected
wildlife, and of protected wildlife other than birds if taken during
their respective open seasons, may be possessed, transported, bought and
sold to the extent permitted by section 11-0917.

8. Domestic game bird carcasses and parts shall be identified as
required by section 11-1721 of this article.