11-1901 - Breeding of domestic game birds.
§ 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 in each 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, fifty 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, ten 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 before attaining the age of four weeks shall be marked by having the hind toe of the right foot removed, and no such duck, goose, brant or swan, over four weeks of age, may be possessed or sold without such mark. Birds so marked, which have escaped, may be recaptured by the licensee. Other such domestic game birds which have escaped may be recaptured by the licensee provided they are marked as prescribed in the rules and regulations of the department. Escaped birds may be recaptured only on the premises of the licensee. However, removal of the hind toe of the right foot shall not be required for captive geese, brant and swans, which were adult birds on March 1, 1967 and previously had been marked with a V-shaped mark on the web of one foot. 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 inany 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. a. The department shall supply tags, for which the licensee shall pay a fee of five cents each, which shall be affixed to the carcass of a domestic game bird and remain so affixed until the bird is finally prepared for consumption. No domestic game bird so killed shall be possessed without such tag, and only an authorized person shall have in his possession such tags. b. Notwithstanding any provision in this section to the contrary, no untagged carcass may be removed from the premises except carcasses which are removed for the purpose of processing. When transporting untagged carcasses for such processing, the bearer must have a statement signed by the licensee stating the number of carcasses being transported and the name and address of the processor. The bearer must also have in his possession tags equal in number to the carcasses transported. The processor or bearer, after picking and dressing the carcasses, shall affix the tags, furnished by the licensee, to each carcass. c. The licensee shall keep records of the number of tags used, and no tags shall be removed from the licensed premises except as provided in this subdivision. If a game bird breeder's license is not renewed on its expiration date, all unused tags and inventory shall be returned to the nearest regional office of the department not later than ten days after the expiration date of the license. There shall be no refund of money for such returned tags, which shall be immediately invalidated. d. The tagging required by this subdivision shall constitute compliance with the tagging requirements of section 11-1721. Carcasses of domestic game birds, tagged as provided in this subdivision, may be possessed, bought, sold, offered for sale and transported, to the extent permitted by sections 11-1719 and 11-1723.