87-2-807. Taking migratory game birds for propagation -- avicultural permit. (1) The department may issue avicultural permits for taking, capturing, and possessing migratory game birds, as defined in 87-2-101(9), for the purpose of propagation. Before issuing an avicultural permit, the department shall determine that the applicant has been issued the appropriate federal permit or that the applicant will receive the appropriate federal permit subject to concurrence by the department.
     (2) An avicultural permit issued under this section must specify:
     (a) the species of migratory game birds allowed to be taken under the permit;
     (b) whether eggs or hatched birds, or both, may be taken;
     (c) the number of eggs or hatched birds, or both, that may be taken;
     (d) areas in which collection may be made;
     (e) means by which collection may be made;
     (f) the time period for which the permit is valid; and
     (g) any other conditions imposed by the department under rules adopted pursuant to subsection (5).
     (3) Hatched migratory game birds or their eggs taken under an avicultural permit issued in accordance with this section remain the property of the state and may be disposed of only with the permission of the department. Progeny of hatched migratory game birds taken under permit as provided in this section become the private property of the holder of the permit who propagates the migratory game birds, and the owner may sell or transfer the birds as private property, subject to any applicable state or federal law or regulation.
     (4) The department may charge a fee for issuing an avicultural permit, if necessary, not to exceed the cost of issuing the permit.
     (5) The department shall adopt rules implementing this section.

     History: En. Sec. 1, Ch. 262, L. 1985; amd. Sec. 25, Ch. 417, L. 1995.