Section 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 in

  any 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.