R657-46-5. Use of Pen-Reared Game Birds for Dog Training

  (1) A person may train a dog using legally acquired pen-reared game birds provided:

  (a) the person using the pen-reared game birds has an invoice or bill of sale in their possession showing lawful personal possession or ownership of the pen-reared game birds;

  (b) each pen-reared game bird must be marked with an aluminum leg band or other permanent marking before being released for training, except as provided in Subsection (3)(a);

  (c) any pheasant released during training must be marked with a visible streamer or tape at least 12 inches in length before being released, and any pheasant killed during training must have the streamer or tape attached when killed; and

  (d) the use of dogs complies with Rules R657-6. R657-9, and R657-54.

  (2) Aluminum leg bands may be purchased at any division office.

  (3)(a) Each pen-reared game bird used for dog training that is conducted on a commercial hunting area may be released without marking each pen-reared game bird with an aluminum leg band or other permanent marking.

  (b) Any pheasant released during training on a commercial hunting area may be released without marking as provided in Subsections (1)(b) and (1)(c).

  (4) The training may not consist of more than four dogs at any time, except the training may consist of more than four dogs provided:

  (a) the dogs exceeding four in number are eight months of age or younger; and

  (b) no live ammunition is in possession of the person or persons engaged in training the dogs.

  (5) A person or group of persons may not release more than ten pen-reared game birds per day or three pen-reared game birds per dog per day, whichever is greater.

  (6) A person or group of persons may not use more than three firearms at any time, except four firearms may be used when training retrievers using the American Kennel Club quad flyer test.

  (7) Pen-reared game birds acquired for training that are not released may be held in possession:

  (a) no longer than 60 days; or

  (b) longer than 60 days provided the person possessing the pen-reared game birds first obtains a private aviculture certificate of registration as provided in Rule R657-4.

  (8) Pen-reared game birds that are not recovered on the day of the training or pen-reared game birds that escape shall become property of the state of Utah and may not be recaptured or taken, except during legal hunting seasons as specified in the Upland Game and Waterfowl proclamations of the Wildlife Board.

  (9) A person training dogs on official dog training areas, designated by the division, is not required to comply with Subsection (1)(c) or Subsections (4), (5) or (6).