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Code of Federal Regulations Title 40. Protection of Environment § 40.1600.2 Organization

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(a) Eligibility.--Regulated hunting grounds require a minimum of 100 acres of land, or land and water combined, on which the permittee must release one of the following species of domestically produced game birds: namely, ringneck pheasants, bobwhite quail or mallard ducks. Any of the listed species and chukar partridges may be released only if they are listed on the permit application and propagated by the permittee or received from a legal source. At least 100 of each species listed on the permit shall be released.

(b) Classes of permits.--The following shall be the classes of permits:

(1) Commercial--open to the public for a fee or other charge.

(2) Noncommercial--used by permittee only or guests with no fee or any charge for the use of the area or the birds.

(c) Marking boundary.--The boundary of the premises covered by a permit as a regulated hunting ground shall be marked in such manner that any intruder is warned of the purpose of the area and that it is unlawful to enter the area without permission. The commission shall recommend wording for signs to be used for this purpose.

(d) Hunting regulations.--Permittees and their guests may shoot the birds released by them during the regulated hunting grounds season which shall be set each year by the commission without regard to the general Statewide season. Persons hunting or taking game birds released under authority of the permit on regulated hunting grounds are not required to have and display a hunting license, as required by this title, but the methods of hunting and taking these game birds shall be in compliance with provisions of this title.

(e) Seasons and bag limits.--All species of game, other than those specified, found on the premises covered by the regulated hunting grounds permit may be taken on the premises only by persons in possession of a valid hunting or furtaker license and only in accordance with the general provisions of this title and regulations of the commission governing seasons and bag limits.

(f) Tagging killed birds.--Before any released bird killed under the provisions of a regulated hunting grounds permit is consumed on the premises or removed from the premises, the permittee shall attach a tag to each bird killed. The tags shall be numbered consecutively and supplied by the commission at reasonable cost and shall contain such information as the commission may require. No game bird killed on a regulated hunting ground shall have the right foot removed until a regulated hunting ground tag for the current season is attached to the bird. The tags shall remain attached to the individual birds until prepared for consumption and shall not be used more than once.

(g) Dog training and trials.--Dogs may be trained or field trials may be held at any time of the year upon the premises covered by a regulated hunting grounds permit, and retriever trials may be conducted thereon. All birds killed shall be included in the reported kill. Except during the open season for shooting, no game birds shall be killed while training dogs or conducting field trials. The special permit required in this title shall first be obtained to conduct a retriever trial thereon at any other period.

(h) Unlawful acts.--It is unlawful to:

(1) Remove from or consume on the premises covered by a regulated hunting grounds permit pheasants, bobwhite quail or mallard ducks killed in accordance with the provisions of this section which have not been tagged as required by this section.

(2) Violate any of the provisions of this chapter regarding marking and tagging of birds.

(3) Use any methods to hunt for, chase or kill birds on a regulated hunting ground which are not specifically permitted by this title.

(4) Trap any game bird or have any trap set that is capable of taking a game bird alive on any regulated hunting grounds unless authorized by this title.

(5) Hunt for or take any game on a three-day hunting license other than permitted by subsection (d).

(6) Violate any of the other provisions of this section.

(i) Penalty.--A violation of this section is a summary offense of the fifth degree. Each bird or animal involved in a violation constitutes a separate offense.

Cite this article: - Code of Federal Regulations Title 40. Protection of Environment § 40.1600.2 Organization - last updated October 02, 2022 |

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