Sec. 26-91. Taking of migratory game birds. Plan by municipality, homeowner association or nonprofit land-holding organization to take Canada geese.
Sec. 26-91. Taking of migratory game birds. Plan by municipality, homeowner association or nonprofit land-holding organization to take Canada geese.
(a) The closed season, daily bag limit and possession limit for migratory game birds
and the methods of taking such game birds shall be at least as stringent as the closed
season, daily bag limit, possession limit and methods of taking, including allowable
compositions of nontoxic shot, fixed for such birds by the regulations of the United
States Fish and Wildlife Service, made under the provisions of an Act of Congress
Relating to Migratory Birds. Nothing in this section shall affect the right to kill or have
in possession to be sold or offered for sale wild ducks, geese and brant, bred or propagated
by any domestic breeder. Any person who violates any provision of this section shall
be fined not more than fifty dollars or imprisoned not more than thirty days or both.
The possession of each bird or part thereof shall constitute a separate offense.
(b) The Commissioner of Environmental Protection may authorize any municipality, homeowner association or nonprofit land-holding organization approved by the
commissioner under the provisions of this section to take resident Canada geese at any
time, other than Sundays, or place using any method consistent with professional wildlife
management principles. Any such municipality, homeowner association or nonprofit
land-holding organization shall submit to the commissioner, for the commissioner's
review and approval, a plan that describes the extent and degree of the nuisance or
ecological damage and the proposed method of taking. Such plan shall include prohibitions against feeding of such geese and requirements that landscaping in the area is
managed in a way to be less hospitable to geese, utilizing native plantings. Prior to the
implementation of such plan, the municipality, homeowner association or nonprofit
land-holding organization shall provide notice of such plan to abutting landowners of
such place where the plan will be implemented. Such plan shall not authorize the use
of a snare.
(1949 Rev., S. 4911; P.A. 90-166, S. 2; P.A. 03-192, S. 7; P.A. 04-109, S. 15.)
History: P.A. 90-166 authorized the closed season, bag limit and possession limit to be more stringent than the federal
requirements where previously they were to be the same; P.A. 03-192 designated existing provisions as Subsec. (a), adding
", including allowable compositions of nontoxic shot," therein, and added Subsec. (b) re authority of commissioner to
approve plan by municipalities, homeowner associations and nonprofit land-holding organizations to take resident Canada
geese; P.A. 04-109 amended Subsec. (b) to make a technical change, effective May 21, 2004.