Adoption of Federal Migratory Bird Treaty Act; prohibitions concerning hunting of waterfowl; penalties.

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(A) The Federal Migratory Bird Treaty Act and its implementing regulations are the law of this State. However, the board annually may set seasons, bag limits, and methods for hunting and taking migratory birds consistent with federal law. A violation of the Migratory Bird Treaty Act or its implementing regulations or a violation of regulations set by the board is a misdemeanor.

(B) In addition, it is unlawful to:

(1) trespass while hunting waterfowl;

(2) take or attempt to take waterfowl over bait;

(3) take or attempt to take waterfowl more than fifteen minutes before or after regularly designated hunting hours;

(4) possess more than one waterfowl over the legal limit;

(5) hunt waterfowl out of season.

(C) A person who violates a provision of subsection (A), with the exception of those provisions specified in subsection (B), is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned not more than thirty days for each offense. A person who violates a provision of subsection (B) is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days for each offense.

HISTORY: [Derived from former Sections 50-11-10 (1962 Code Section 28-301; 1952 Code Section 28-301; 1942 Code Section 1780-4; 1932 Code Section 1767; Cr. C. '22 Section 744; 1919 (31) 269; 1952 (47) 2179) and from; 50-11-2310 (1984 Act No. 369, Section 2)] En 1988 Act No. 561, Section 1; 1992 Act No. 301, Section 1; 1993 Act No. 181, Section 1262; 2003 Act No. 11, Section 1.


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