(A) Migratory game birds may be taken only in accordance with the daily bag limits during the open seasons and shooting hours prescribed in rules of the Administrative Code and when so taken may be possessed within the limits prescribed.
(B) It shall be unlawful for any person:
(1) To take in any one day more than the daily bag limit or aggregate daily bag limit, whichever applies;
(2) To possess on the opening day of the season any freshly killed migratory game birds in excess of the daily bag limit or aggregate daily bag limit, whichever applies;
(3) To possess any freshly killed migratory game birds during the closed season;
(4) To possess any dressed migratory game bird, except mourning doves and Eurasian collared-doves, which does not have the head or one fully feathered wing attached at any place other than at the personal abode of the possessor or a migratory bird preservation facility;
(5) To possess a wounded migratory game bird that is not immediately killed and made part of a daily bag limit;
(6) To kill or cripple any migratory game bird without making a reasonable effort to retrieve the bird and retain it in his actual custody at the place where taken or between that place and either:
(a) His automobile or principal means of land transportation, or
(b) His personal abode or temporary or transient place of lodging, or
(c) A migratory bird preservation facility, or
(d) A post office, or
(e) A common carrier facility.
(7) To dispose of any migratory bird that he has killed and retrieved. All disposed birds shall be included as a part of such person's daily bag limit.
(C) Possession of plumage and skins of migratory game birds. Any person, without a permit, may possess and transport for his own use the plumage and skins of lawfully taken migratory game birds.
(D) It shall be unlawful for any person to buy or sell or barter any feathers or other parts of any migratory game bird. Further provided any person, without a permit, may possess, dispose of, and transport for the making of fishing flies, bed pillows and mattresses, and for similar commercial uses, but not for millinery or ornamental use, feathers of wild ducks and wild geese lawfully killed.
(E) Throughout the state, it is unlawful for any person to disturb, destroy, or possess the nest or eggs of a migratory game bird unless that person has been issued a permit to do so by the chief of the division of wildlife or his authorized agent.
(F) It shall be unlawful for any person to take or hunt a migratory game bird with a raptor except during the dates listed in rules 1501:31-7-05 and 1501:31-7-06.ofthe Administrative Code. No person using a raptor shall exceed the daily and possession limits mentioned in rules 1501:31-7-05 and 1501:31-7-06.ofthe Administrative Code.
(G) All definitions set forth in rule 1501:31-1-02 of the Administrative Code shall apply to this rule.
Five Year Review (FYR) Dates: 08/21/2015 and 11/09/2020
Promulgated Under: 119.03
Statutory Authority: 1531.06, 1531.08, 1531.10
Rule Amplifies: 1531.06, 1531.08, 1531.10
Prior Effective Dates: 6/1/06, 7/1/15, 8/31/15 (Emer)