1501:31-7-05 Seasons and limits on rail, common snipe (Wilson's snipe), woodcock, gallinules (common moorhens), teal, geese and mourning doves.

  • Text Box: ACTION: Emergency Text Box: DATE: 08/08/2005 11:45 AM

     

     

     

    1501:31-7-05               Seasons and limits on rail, Wilson's snipe, woodcock, gallinules (common moorhens), teal, geese and mourning doves.

     

     

     

    (A)  Throughout the state, it shall be unlawful for any person to hunt, kill, wound, take, or attempt to take, or to possess any of the wild birds specified in this rule except as provided in this rule or other rules of the Administrative Code.

     

    (1)   It shall be unlawful for any person to hunt, take, or possess any rails except sora and Virginia, which may be hunted and taken from September 1, 20052004 to November 9, 20052004.

     

    (2)   It shall be unlawful for any person to take or possess more than twenty-five rails singly or in the aggregate in one day, or to possess more than twenty-five rails singly or in the aggregate at anytime.

     

    (3)   It shall be unlawful for any person to hunt, take, or possess Wilson's snipe at any time, except from September 1, 2005 2004 to November 27, 200528, 2004 and December 5, 20056, 2004 to December 23, 20052004.

     

    (4)   It shall be unlawful for any person to hunt, take, or possess woodcock at any time, except from October 14, 200515, 2004 to November 27, 200528, 2004.

     

    (5)     It shall be unlawful for any person to hunt or take rails, Wilson's snipe, woodcock, or gallinules (common moorhens) at any time, except from sunrise to sunset daily during the open season.

     

    (6)   It shall be unlawful for any person to take more than three woodcock in one day or possess more than six woodcock after the opening day.

     

    (7)   It shall be unlawful for any person to take more than eight Wilson's snipe in one day or possess more than sixteen Wilson's snipe at any time after the opening day.

     

    (8)   It shall be unlawful for any person to hunt, take, or possess gallinules (common moorhens) at any time except from September 1, 20052004 to November 9, 20052004.

     

    (9)   It shall be unlawful for any person to take more than fifteen gallinules (common moorhens) in one day or possess more than thirty gallinules (common moorhens) at any time after the opening day.

     

    (10)    It shall be unlawful for any person to hunt, take, or possess Canada geese, except Canada geese may be hunted statewide and taken from September 1,

     

     

    20052004 to September 15, 20052004.

    (11)   It shall be unlawful for any person to take more than three five Canada geese in one day or possess more than six ten Canada geese at any time after opening day during the early goose season.

    (12)   It shall be unlawful for any person to hunt or take teal or Canada geese at any time, except from sunrise to sunset daily during the special early Canada goose/teal season.

    (13)    It shall be unlawful for any person to hunt, take, or possess Canada geese during the special early goose season on the following areas: Mosquito creek wildlife area, Crane Creek/Ottawa NWR, and Mercer wildlife area without written permission from the chief of the division of wildlife. Provided further, it shall be unlawful to take or possess more than two Canada geese per day in the following mandatory reporting zones while on private property: Crane Creek/Ottawa NRW mandatory reporting zone, Mosquito creek mandatory reporting zone, and Killdeer Canada goose zone.

    (14)    It shall be unlawful for any person to hunt, take, or possess teal at anytime except from September 3 1, 20052004 through September 11 9, 20052004.

    (15)    It shall be unlawful for any person to take more than four teal in one day or possess more than eight teal any time after the opening day.

    (16)    It shall be unlawful for any person to hunt, take or possess Canada geese during the special early Canada goose season in the Mercer Canada goose zone as described in rule 1501:31-11-05 of the Administrative Code.

    (B)   It shall be unlawful for any person to hunt, take, or possess mourning doves at any time except from September 1, 20052004 through October 16, 200517, 2004, and November 13, 2005December 21, 2004 through November 26, 2005January 2, 2005.

    (1)   It shall be unlawful for any person to hunt or take mourning doves at any time except from sunrise to sunset daily during the open season. Provided further, it shall be unlawful to hunt or possess mourning doves except during the posted hours on any public hunting area posted with signs stating the restricted hunting hours.

    (2)     It shall be unlawful for any person to take or possess more than fifteen mourning doves in one day, or possess more than thirty mourning doves after

    the first day.

    (3)     It shall be unlawful to hunt mourning doves on any public hunting area designated as a controlled hunt area without a permit from the chief of the division of wildlife.

    (C)  It shall be unlawful for any person to hunt or take mourning doves:

    (1)   With a trap, snare, net, crossbow and arrow, rifle, pistol, swivel gun, punt gun, machine gun, pumpkin ball, or rifled slug, fish hook, poison, drug, explosive, or stupefying substance.

    (2)    With a shotgun of any description capable of holding more than three shells, unless it is plugged with a one piece filler, incapable of removal without disassembling the gun, so its total capacity does not exceed three shells.

    (3)    From or by means, aid, or use of a sinkbox, motor-driven conveyance, motor vehicle, or aircraft of any kind.

    (4)    From any motorboat, or other craft having a motor attached, or any sailboat, unless the motor has been completely shut off and/or the sails furled, and the craft has come to rest. A craft under power may be used to retrieve dead or crippled birds; however, crippled birds may not be shot from such craft when under power.

    (5)   By the use or aid of livestock as a blind or means of concealment.

    (6)   By the use or aid of live birds as decoys. No person shall take mourning doves on an area where tame or captive live mourning doves are present unless such birds are and have been for a period of ten consecutive days prior to such taking, confined within an enclosure which substantially reduces the audibility of their calls and totally conceals such birds from the sight of wild mourning doves.

    (7)    By the use or aid of recorded bird calls or sounds, or recorded or electrically amplified imitations of bird calls or sounds.

    (8)    By means or aid of any motor-driven conveyance used for the purpose of or resulting in the concentrating, driving, rallying, or stirring up of mourning doves.

    (9)   By the aid of baiting or on or over any baited area.

    (10)    To kill or cripple any mourning dove without making a reasonable effort to retrieve the bird and retain it in his actual custody.

    (D)   It shall be unlawful for any person to take a mourning dove from any type of building or from a utility wire or utility pole.

    (E)    It shall be unlawful for any person to transport any migratory game bird, except doves, unless the head or one fully feathered wing remains attached to each bird at all times while being transported from the place where taken until they have arrived at the personal abode of the possessor or a commercial preservation facility.

    (1)   No person who legally takes and possesses any mourning doves shall place or leave any such birds in the custody of any other person for picking, cleaning, freezing, processing, shipping, transportation, or storage, including temporary storage, or dispose of such birds by gift to another person, unless such birds have a tag attached signed by the hunter stating his address, the total number and kinds of birds, and the date such birds were killed.

    (2)    No person may receive or have in custody any mourning doves belonging to another person, or receive and possess any mourning doves taken by another person, unless such birds are tagged as required under paragraph (E)(1) of this rule.

    (3)   No person who legally takes and possesses any mourning doves shall place or leave such birds at any place for storage, including temporary storage, other than at his personal abode unless such birds are tagged as required under paragraph (E)(1) of this rule. Legally possessed mourning doves being transported in any vehicle as the personal baggage of the possessor shall not be deemed to be in storage or temporary storage.

    (F)    It shall be unlawful for any person to hunt any migratory game bird or migratory waterfowl without first having been hip certified, provided further all hunters shall carry their hip certification when hunting migratory game birds or migratory waterfowl.

    (G)   All definitions set forth in rule 1501:31-1-02 of the Administrative Code shall apply to this rule.

    Effective:                                                     08/31/2005

    CERTIFIED ELECTRONICALLY

    Certification

    08/08/2005

    Date

    Promulgated Under:                           111.15

    Statutory Authority:                           1531.101

    Rule Amplifies:                                  1531.08

    Prior Effective Dates:                         8/25/76(Temp), 8/15/77(Temp), 8/30/78(Temp),

    8/31/79(Temp), 8/31/80(Temp), 8/31/81(Temp),

    8/31/82(Temp), 8/30/83(Temp), 8/10/84(Temp),

    8/9/85(Temp), 8/9/86(Temp), 8/9/87(Temp),

    8/9/88(Temp), 8/9/89(Temp), 8/9/90(Temp),

    8/11/91(Temp), 8/17/92(Temp), 8/15/93(Temp),

    8/19/94(Temp), 8/17/95(Temp), 8/16/96(Temp),

    8/10/97(Temp), 8/11/98(Temp), 8/28/99(Temp),

    8/13/00(Temp), 8/13/01(Temp), 8/15/01(Emer),

    11/30/01, 11/13/02, 11/27/03, 9/1/04(Emer), 11/22/04,