Dog training statute - using game birds

[cobb]

I was going to apply for a dog training permit for the 2008 year, which allows for the use of pen raised game birds for training. The person I talked to just didn't make sense to me on some of the regulations and also game me this copy of the Statute - http://www.revisor.leg.state.mn.us/bin/ ... on=97B.005

97B.005 TRAINING DOGS.
Subdivision 1. Field training. A person may not train hunting dogs afield on public lands
administered by the commissioner from April 16 to July 14 except as specifically authorized by
permit or rule.
Subd. 2. Restriction on ammunition while training. A person training a dog afield and
carrying a firearm may only have blank cartridges and shells in personal possession when the
season is not open for any game bird, except as provided in subdivision 3.
Subd. 3. Permits for organizations and individuals to use game birds and firearms. (a)
The commissioner may issue special permits, without a fee, to use firearms and live ammunition
on domesticated birds or banded game birds from game farms.
(b) Permits for holding field trials may be issued to organizations. The permit shall specify
the dates and locations of the field trial. The commissioner may limit the number of dates
approved for any organization.
(c) Permits for training hunting dogs may be issued to an individual.
(d) Domesticated birds, other than pigeons, and game farm birds used for trials or training
under this section must be clearly marked with dye or a streamer attached to a leg in a manner that
makes them visually identifiable prior to being taken.

So with a permit to train dogs afield and in possession of the DNR receipt from the game that the birds were purchased, I was told the following, which would be all on private land. I could not use, marked pen raised hen pheasants for training during the normal pheasant season, only marked roosters. Also, I could only shoot 2 marked pen raised roosters during the pheasant season. BUT, I could use marked pen raised hens and roosters when the normal pheasant season was closed and with a the receipt for let say 3 marked pen raised hens, I could shoot the 3 marked hens.
This makes no sense to me and when I ask for the statute, I get the above and that does not specify sex, just as marked pen raised pheasants. I was repeatedly told that even it isn't defined, it is against the law to shoot marked pen raised hen pheasants during the regular pheasant season.

I plan to contact the 2 local Conservation Officers later this week to see what their thoughts are.

So, does anyone have a link or any idea of what the law really is?

[cobb]

I don't understand the rule of two roosters during the open season unless they are referring to the legal limit allowed to be taken by an individual per day in that open season. Hens are always a no-no during the open season.

Thanks for the input.

Remember, and I am trying to make as clear as possible, I am talking about pen raised with receipt of purchase, streamer tagged for identification, released on private property and a DNR dog training permit in my possession. In this situation, I do not see where any possession limits or anything come into play under the conditions laid out under the statute.

You can go to a hunting preserve, purchase 20 birds and shoot those birds, both hens and roosters.

I am still confused,,,,,,,a little.

[hammAR]

I didn't sleep at Holiday Inn Express, but.........don't do it during season, get a hall pass from the local monitor, and use someone else's truck and gun....just in case........

Im glad I'm not in your position, I would just go to a game farm........

..

[cobb]

Well, I finally got the answer that I was expecting, I got a call back from a CO at the New Ulm Regional DNR office.

With a dog training permit and a receipt for the pen raised pheasants, on private property, I can plant as many marked hens or rooster that I have a receipt for and shoot same. So on private land during the pheasant season, I can plant the 4 marked hens that I have a receipt for and shoot the marked hens when flushed by my dog.

Where the confusion may be is that the CO I talked to strongly recommended that I use only roosters during the season because someone may call in a TIP on a hunter shooting hen pheasants. This may be where the clerk I had talked to was confused, not a legal requirement, but had been suggested in the past and since then has been confused as a legal requirement. Nothing new to us, right?

So when I was told about the TIP report and shooting hens during the regular pheasant season, my question back to him was, so you wouldn't receive a TIP call if I was shooting hens or roosters after the season was closed? There was a short silence on the line and the CO came back and stated that it was only a recommendation.

So all is clarified and we are good to go.