(a) Pen-raised game
birds, captive-reared mallard ducks and captive-bred migratory waterfowl may be
used for dog training, dog field trials or falconry training except as provided
in this subsection. Captive-bred migratory waterfowl may be killed by shooting
only in accordance with all applicable hunting regulations.
(i) Before any bird is possessed, killed or
released the bird shall be toe clipped or possess an attached leg band, except
pen-raised game birds need not to be so marked for use in dog field trials;
captive-reared mallard ducks and captive-bred migratory waterfowl shall have
the hind toe from the right foot removed, or a seamless metal band attached to
one leg, or be marked as per 50 CFR 21.
(ii) Birds shall not be taken or released at
locations other than within the holding facilities, or upon the land on which
the dog or falconry training, or dog field trial event occurs as described and
approved in the permit application.
(iii) Live birds taken shall remain in
possession of the permittee unless the game birds are transferred to a person
in possession of a valid permit issued under the terms of this
regulation.
(iv) Birds killed shall
remain in the possession of the permittee unless the person in possession of
the dead birds has a receipt for said birds issued by the permittee including
but not limited to species and number killed, date killed, permit number and
permittee name, name of person in possession of dead birds.
(v) The permittee shall notify the Department
in the application for a permit that the permit is for dog or falcon training
or a dog field trial. If the application is for a dog field trial, the
permittee shall notify the department of the name of the dog or kennel club
under which the event will be held, the dates of the event and the dates of any
field trial training.
(vi)
Pen-raised game birds shall not be released in locations inhabited by wild game
birds of the same species, unless the season for the taking of the species of
game birds released is open according to current Commission
regulations.
(vii) Captive-reared
mallard ducks shall be rendered flightless before release if released in
locations inhabited by wild mallard ducks. The permittee shall make every
effort not to leave live captive-reared mallard ducks in the field.
(viii) Captive-reared mallard ducks and
captive-bred migratory waterfowl shall only be taken with nontoxic shot if
taken with a firearm.
(ix) To
protect natural game bird populations, activities described in this section may
be denied from April 1 through July 31 where Department personnel document
natural reproduction of any wild game bird species.
(b) A call back pen or live trap may be
utilized for the purpose of retrieving pen-raised game birds or captive-reared
mallards released into the wild for dog or falconry training or dog field
trials. Any bird which is not marked according to subsection (a)(i) of this
section which is taken in the call back pen or trap shall immediately be
released into the wild. All call back pens or live traps shall have a visibly
attached metal tag bearing the permittee's name and address.
(c) For dog or falconry training, a person
may be authorized to possess a maximum of one hundred (100) pen-raised game
birds and captive-reared mallards in aggregate during the period January 1
through December 31.
