§ 11-1903 — Shooting preserves

§ 11-1903. Shooting preserves.\n 1. The department may, in its discretion, issue to an owner or lessee\nof wholly enclosed lands or an entire island a shooting preserve license\npermitting him or her to purchase, possess, rear and transport, and to\nrelease and take by shooting therein, domestic game birds legally\npossessed or acquired. No birds may be held for propagation after April\n15 unless the owner or lessee also has a domestic game bird breeder's\nlicense as provided for in section 11-1901 of this title. In the case of\nleased lands, the applicant shall furnish with his or her application\nevidence of a written lease executed by each lessor covering the\npremises to be licensed. The license shall expire on April 15 every\nfifth year. The department shall prescribe and furnish forms for\napplication for such license. Applicants shall pay, and the department\nshall be entitled to receive, fees according to the type of license\nissued as follows:\n a. Class A license, two hundred dollars. This license shall allow the\nholder thereof to operate a commercial club or membership shooting\npreserve with a minimum of one hundred acres and charge a daily fee for\nhunting or charge a fee for each bird killed or a combination thereof.\nBirds may be killed by the licensee for his or her own use and may be\nsold dead or alive.\n b. Class B license, sixty dollars. This license shall allow the holder\nthereof to operate a shooting preserve with use restricted to the\nlicensee, his or her family and invitees, provided no fees are charged\nfor the privilege of hunting or for birds shot. Birds may be killed by\nthe licensee for his or her own use but no live birds, or their eggs, or\ncarcasses may be sold unless the licensee holds a Class A game bird\nbreeder's license.\n 3. The department may revoke the license of any licensee convicted of\na violation of this section, and no license shall be issued to him or\nher for the ensuing two years. The licensee, unless he or she shall\nwaive such right, shall have an opportunity to be heard. Notice of\nhearing shall be given by mailing the same in writing to the licensee at\nthe address contained in his or her license. Attendance of witnesses may\nbe compelled by subpoena. Revocation shall be deemed an administrative\nact reviewable by the supreme court as such.\n 5. The boundaries of a shooting preserve shall be posted with\nappropriate signs in accordance with section 11-2111.\n 7. Domestic game birds may not be killed, by shooting, on the premises\nspecified in the application for the license, except under the following\nconditions:\n a. Birds shall be marked as provided in subdivision 5 of section\n11-1901 of this title. Birds so marked, which have escaped, may be\nrecaptured by the licensee. Escaped birds may be recaptured only on the\npremises of the licensee.\n b. Ducks, geese, brant and swans liberated under this section may be\ntaken only under rules and regulations made by the department or adopted\nby the federal department of the interior; provided, however, that any\nfederal regulations shall be provided by department press release and\nany other means that the department determines to be appropriate and\neffective, including posting on the department's public website.\n c. On the premises described in the application for the license, the\nlicensee may kill domestic game birds by shooting from September 1\nthrough April 15 and in any manner, other than by shooting, at any time,\nor any person may take domestic game birds by shooting from September 1\nthrough April 15 with the consent of the licensee.\n 8. The holder of a shooting preserve license shall keep records and\nmake reports as required by and upon forms furnished by the department.\nThe reports shall be subscribed by the licensee, and shall contain an\naffirmation that the statements therein are made subject to the\npenalties of perjury. The records shall be continuous and current and\nshall be kept on the licensed premises, and the licensee shall allow any\nrepresentative of the department to enter upon the premises to inspect\nhis operations and records. Records must be retained for a period of\nthree years.\n 9. On the premises described in the application for the license, the\nlicensee may take any unprotected wild birds, or any predatory wildlife\nexcept protected birds, disturbing domestic game. Such birds or wildlife\nmay be taken at any time and in any manner, except that no trap of the\nleg-gripping type, having teeth in the jaws or having a greater spread\nof jaws than six inches, shall be used for such purpose, nor shall a\ntrap be set so that any wildlife when caught shall be suspended.\nCarcasses of such birds or wildlife shall be immediately buried or\ncremated, except that carcasses of unprotected wildlife, and of\nprotected wildlife other than birds if taken during their respective\nopen seasons, may be possessed, transported, bought and sold to the\nextent permitted by section 11-0917.\n 10. a. Carcasses and parts of domestic game birds shall be accompanied\nby a form provided by the department pursuant to section 11-1721 of this\narticle. No domestic game birds so killed shall be possessed or\ntransported without such form. Only an authorized person as provided in\nthe rules and regulations of the department shall have in his or her\npossession such form.\n b. Domestic game bird carcasses and parts shall be identified as\nrequired by section 11-1721 of this article.\n 11. Notwithstanding any provision in this section to the contrary, any\nperson may conduct a field trial on the grounds of a shooting preserve\nat any time under the provisions of section 11-0927.\n