Full Statute Name:  Connecticut General Statutes Annotated. Title 26. Fisheries and Game. Chapter 490. Fisheries and Game. Part VI. Birds

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Primary Citation:  C. G. S. A. § 26-91 - 98 Country of Origin:  United States Last Checked:  January, 2020 Alternate Citation:  CT ST § 26-91 - 98 Date Adopted:  2018 Historical: 
Summary: This Connecticut chapter deals with wild birds. Section 26-92 states that no person shall catch, kill or purchase or attempt to catch, kill or purchase, sell, offer or expose for sale or have in possession, living or dead, any wild bird other than a game bird, or purchase or attempt to purchase, sell, offer or expose for sale or have in possession any part of any such bird or of the plumage thereof except as acquired under the provisions of this chapter. In addition, the hunting or taking of bald eagles and two species of swans is prohibited.

§ 26–91. Taking of migratory game birds. Plan by municipality, homeowner association or nonprofit land-holding organization to take Canada geese

§ 26–92. Wild birds other than game birds protected, exception. Game birds defined

§ 26–92a. State purchase of game birds

§ 26–93. Hunting of bald eagle prohibited. Disturbance of nest prohibited. Fine. No access area for bald eagle. Violation and fine or imprisonment

§ 26–94. Hunting of swan prohibited

§ 26–95. Trapping of birds

§ 26–96. Trap shooting

§ 26–97. Killing game birds in Westport Fire District prohibited. Penalty

§ 26–98. Penalty

 

§ 26-91. Taking of migratory game birds. Plan by municipality, homeowner association or nonprofit land-holding organization to take Canada geese

(a) The closed season, daily bag limit and possession limit for migratory game birds and the methods of taking such game birds shall be at least as stringent as the closed season, daily bag limit, possession limit and methods of taking, including allowable compositions of nontoxic shot, fixed for such birds by the regulations of the United States Fish and Wildlife Service, made under the provisions of an Act of Congress Relating to Migratory Birds. Nothing in this section shall affect the right to kill or have in possession to be sold or offered for sale wild ducks, geese and brant, bred or propagated by any domestic breeder. Any person who violates any provision of this subsection shall be fined not more than two hundred fifty dollars. The possession of each bird or part thereof shall constitute a separate offense.

(b) The Commissioner of Energy and Environmental Protection may authorize any municipality, homeowner association or nonprofit land-holding organization approved by the commissioner under the provisions of this section to take resident Canada geese at any time, other than Sundays, or place using any method consistent with professional wildlife management principles. Any such municipality, homeowner association or nonprofit land-holding organization shall submit to the commissioner, for the commissioner's review and approval, a plan that describes the extent and degree of the nuisance or ecological damage and the proposed method of taking. Such plan shall include prohibitions against feeding of such geese and requirements that landscaping in the area is managed in a way to be less hospitable to geese, utilizing native plantings. Prior to the implementation of such plan, the municipality, homeowner association or nonprofit land-holding organization shall provide notice of such plan to abutting landowners of such place where the plan will be implemented. Such plan shall not authorize the use of a snare.

Credits

(1949 Rev., § 4911; 1990, P.A. 90-166, § 2, eff. Oct. 1, 1990; 2003, P.A. 03-192, § 7; 2004, P.A. 04-109, § 15, eff. May 21, 2004; 2011, P.A. 11-80, § 1, eff. July 1, 2011; 2012, P.A. 12-80, § 27.)

 

§ 26-92. Wild birds other than game birds protected, exception. Game birds defined

No person shall catch, kill or purchase or attempt to catch, kill or purchase, sell, offer or expose for sale or have in possession, living or dead, any wild bird other than a game bird, or purchase or attempt to purchase, sell, offer or expose for sale or have in possession any part of any such bird or of the plumage thereof except as acquired under the provisions of this chapter. For the purposes of this section, the following shall be considered game birds: The anatidae, or waterfowl, including brant, wild ducks and geese; the rallidae, or rails, including coots, gallinules and sora and other rails; the limicolae, or shore birds, including snipe and woodcock; the gallinae, including wild turkeys, grouse, prairie chickens, pheasants, partridge and quail; the corvidae, including crows. No person shall take or destroy any nest or any egg of any wild bird or game bird. No person shall possess any nest or egg of any wild or game bird. English sparrows, starlings and, when found depredating ornamental trees, agriculture crops, livestock or wildlife, or when concentrated in such numbers as to constitute a public health or public safety hazard, crows, rock doves, monk parakeets and brown-headed cowbirds shall not be included among the birds protected by this section. Any conservation officer and any other officer having authority to serve criminal process shall have the same powers relating to violations of the provisions of this section as are conferred by section 26-6.

Credits

(1949 Rev., § 4916; 1951, Supp. § 1024b; 1955, Supp. § 2504d; 1963, P.A. 509; 1978, P.A. 78-97; 2003, P.A. 03-192, § 8; 2004, P.A. 04-109, § 16, eff. May 21, 2004; 2005, P.A. 05-288, § 118, eff. July 13, 2005.)

 

§ 26-92a. State purchase of game birds

The purchase by the state of game birds from out-of-state bidders shall be subject to the same terms and conditions, other than those relating to the hatching and raising of such birds, which regulate the purchase by such state of game birds from bidders in this state.

Credits

(1978, P.A. 78-39.)

 

§ 26-93. Hunting of bald eagle prohibited. Disturbance of nest prohibited. Fine. No access area for bald eagle. Violation and fine or imprisonment

Any person who disturbs, hunts, takes, kills or attempts to kill any bald eagle or disturbs any active bald eagle nest shall be fined not more than one thousand dollars or imprisoned not more than thirty days or both. Any person who enters a posted no access area for a bald eagle or a posted no access area for an active bald eagle nest shall be fined not more than one thousand dollars or imprisoned not more than thirty days, or both.

Credits
(1949 Rev., § 4917; 1983, P.A. 83-191, § 6, eff. May 23, 1983; 2003, P.A. 03-192, § 1.)

 

§ 26-94. Hunting of swan prohibited

Any person who hunts, takes, wounds or kills or attempts to hunt, take, wound or kill any species of swan, including the whistling swan (Cygnus columbianus), the trumpeter swan (Cygnus buccinator) and the mute swan (Stehenelides olor), shall be fined not more than two hundred fifty dollars.

Credits
(1955, Supp. § 2505d; 2012, P.A. 12-80, § 28.)

 

§ 26-95. Trapping of birds

No person shall trap, net or snare any bird for which a closed season is provided or which is protected by statute, or set, bait, place or use any net, trap, snare or other device for the purpose of taking any bird. Nothing in this section shall be construed to prevent the setting of traps on poles eight or more feet from the ground for the purpose of taking predatory birds not protected by law, provided the commissioner may issue permits authorizing the taking, by such method as he determines, such birds as become a nuisance or birds that should be controlled because of the damage they do to property, poultry, domestic animals and agricultural crops. No permit shall be required under the provisions hereof by persons authorized by the United States Fish and Wildlife Service to trap birds for the purpose of banding and release provided the commissioner may require such authorized persons to obtain a permit to trap any species of bird listed as endangered, threatened or of special concern as defined in section 26-304.

Credits

(1949 Rev., § 4918; 1957, P.A. 339; 1971, P.A. 872, § 283; 1990, P.A. 90-166, § 4, eff. Oct. 1, 1990.)

 

§ 26-96. Trap shooting

No person shall keep, expose, let loose or suffer to escape any bird or fowl for the purpose of having it shot at for sport, gain, the trial of skill of marksmen or any other purpose, nor shall any person shoot at any bird or fowl that has been kept, exposed, let loose or allowed to escape for the purpose of being shot at. The provisions of this section shall not prohibit the release of legally propagated game birds or the subsequent shooting of such birds during the open season or any extension of such open season.

Credits

(1949 Rev., § 4919.)

 

§ 26-97. Killing game birds in Westport Fire District prohibited. Penalty

Any person who kills any game bird within the limits of the Westport Fire District in the town of Westport shall be fined not less than one dollar or more than fifty dollars.
Credits

(1949 Rev., § 5010; 2007, P.A. 07-217, § 125, eff. July 12, 2007.)

 

§ 26-98. Penalty

Any person who violates any provision of this part, or any regulation issued by the commissioner pursuant thereto, for which no other penalty is provided, or who makes any material false statement in procuring any permit, shall be fined not more than two hundred fifty dollars, and the possession of each bird or part thereof, taken or possessed in violation of any such provision, shall constitute a separate offense.

Credits
(1949 Rev., § 4921; 1953, Supp. § 1888c; 1955, Supp. § 2506d; 1957, P.A. 272; 1971, P.A. 872, § 284; 2012, P.A. 12-80, § 29.)


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