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SECTION 11-1903
Shooting preserves
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 11, TITLE 19
§ 11-1903. Shooting preserves.

1. The department may, in its discretion, issue to an owner or lessee
of wholly enclosed lands or an entire island a shooting preserve license
permitting him or her to purchase, possess, rear and transport, and to
release and take by shooting therein, domestic game birds legally
possessed or acquired. No birds may be held for propagation after April
15 unless the owner or lessee also has a domestic game bird breeder's
license as provided for in section 11-1901 of this title. In the case of
leased lands, the applicant shall furnish with his or her application
evidence of a written lease executed by each lessor covering the
premises to be licensed. The license shall expire on April 15 every
fifth year. The department shall prescribe and furnish forms for
application for such license. Applicants shall pay, and the department
shall be entitled to receive, fees according to the type of license
issued as follows:

a. Class A license, two hundred dollars. This license shall allow the
holder thereof to operate a commercial club or membership shooting
preserve with a minimum of one hundred acres and charge a daily fee for
hunting or charge a fee for each bird killed or a combination thereof.
Birds may be killed by the licensee for his or her own use and may be
sold dead or alive.

b. Class B license, sixty dollars. This license shall allow the holder
thereof to operate a shooting preserve with use restricted to the
licensee, his or her family and invitees, provided no fees are charged
for the privilege of hunting or for birds shot. Birds may be killed by
the licensee for his or her own use but no live birds, or their eggs, or
carcasses may be sold unless the licensee holds a Class A game bird
breeder's license.

3. The department may revoke the license of any licensee convicted of
a violation of this section, and no license shall be issued to him or
her for the ensuing two years. The licensee, unless he or she 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 or her license. Attendance of witnesses may
be compelled by subpoena. Revocation shall be deemed an administrative
act reviewable by the supreme court as such.

5. The boundaries of a shooting preserve shall be posted with
appropriate signs in accordance with section 11-2111.

7. Domestic game birds may not be killed, by shooting, on the premises
specified in the application for the license, except under the following
conditions:

a. Birds shall be marked as provided in subdivision 5 of section
11-1901 of this title. Birds so marked, which have escaped, may be
recaptured by the licensee. Escaped birds may be recaptured only on the
premises of the licensee.

b. Ducks, geese, brant and swans liberated under this section may be
taken only under rules and regulations made by the department or adopted
by the federal department of the interior; provided, however, that any
federal regulations 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.

c. On the premises described in the application for the license, the
licensee may kill domestic game birds by shooting from September 1
through April 15 and in any manner, other than by shooting, at any time,
or any person may take domestic game birds by shooting from September 1
through April 15 with the consent of the licensee.

8. The holder of a shooting preserve 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.

9. On the premises described in the application for the license, the
licensee may take any unprotected wild birds, 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.

10. a. Carcasses and parts of domestic game birds shall be accompanied
by a form provided by the department pursuant to section 11-1721 of this
article. No domestic game birds so killed shall be possessed or
transported without such form. Only an authorized person as provided in
the rules and regulations of the department shall have in his or her
possession such form.

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

11. Notwithstanding any provision in this section to the contrary, any
person may conduct a field trial on the grounds of a shooting preserve
at any time under the provisions of section 11-0927.