Details: Last Updated: Tuesday, November 7, 2023, 1:42 pm

Pen-reared gamebirds

Possession and release guidelines

On Oct. 6, 2023, new regulations on pen-reared gamebirds became effective. These changes have consolidated rules regarding pen-reared gamebirds from six DWR Administrative Rules into a single rule, as well as improving consistency with Utah Department of Agriculture and Food poultry and gamebird rule.

Significant changes include:

Defining gamebirds species as distinct from poultry species
Separation of rules for permitting possession of gamebirds and release of gamebirds
Eliminating the aviculture permit and inspection and replacing it with a consolidated online registration
Increased disease control requirements to protect wild bird populations and Utah's commercial poultry industry

This page is only a summary of rules. Further details are available in Administrative Rule R657-4: Possession and release of pen-reared gamebirds.

Definition of pen-reared gamebird

A "pen-reared gamebird" is a species of the following that were breed from legally acquired captive stock, then hatched and raised in captivity:

Chukar partridge
Red-legged partridge
Gray (Hungarian) partridge
Pheasant (genus Syrmaticus, Chrysolophus and Phasianus)
Bobwhite quail
California quail
Gambel's quail
Waterfowl (family Anatidae)

Rock doves (aka pigeon, Columba livia) are not a controlled species. A permit is not required for possession or release of pigeons.

Rules on possession of pen-reared gamebirds

Rules vary by the number of birds and the length of time the birds are held, and those rules fall into three categories. These permits do not grant permission to release pen-reared gamebirds into the wild:

Short-term pen-reared gamebird possession:
- When it applies:
  - No permit is required if fewer than 50 pen-reared gamebirds or eggs are held, and they are held less than 60 days.
  - If any pen-reared gamebirds or eggs are held 60 days or longer, a permit is required.
  - If at any time 50 or more pen-reared gamebirds or eggs are held, a permit is required.
- There are rules regarding disease testing, holding, and other requirements when holding pen-reared gamebirds under short term pen-reared gamebird stipulations.
Pen-reared gamebird personal possession permit:
- When a permit is needed:
  - A pen-reared gamebird personal possession permit is required if more than 50 and up to 1,000 pen-reared gamebirds or eggs are held in possession, or if any pen-reared gamebirds or eggs are held longer than 60 days.
  - A pen-reared gamebird personal possession permit is required for hatching pen-reared gamebird eggs.
  - A pen-reared gamebird personal possession permit is required for import, propagation, sale, barter, trade of pen-reared gamebirds or eggs.
- What the permit is:
  - A pen-reared gamebird personal possession permit allows the permit holder to possess pen-reared gamebirds and house them at a specific location or address. Note: This permit is replacing the Aviculture Certificate of Registration that was previously required to possess pen-reared gamebirds.
- How to get a permit:
  - The permit is available through the Division of Wildlife Resources licensing system. See https://wildlifelicense.utah.gov/hflo/ for details on permit requirements and an application link.
Commercial gamebird facility permit:
- When it is needed:
  - A commercial gamebird facility permit is required if more than 1,000 pen-reared gamebirds or eggs are held at any time.
- This permit is issued by the Utah Department of Agriculture and Food. Please see https://ag.utah.gov/licenses-registrations-regulations/ for details.

Rules on release of pen-reared gamebirds

Generally, it is prohibited to release any animal into the wild, including pen-reared gamebirds. However, there are some exceptions for training dogs, or falconry birds, as well as for permitted field trials and permitted Commercial Hunting Areas.

Release for dog/falconry bird training (personal use pen-reared gamebird release)
- When it applies:
  - A permit is not required to release up to 10 pen-reared gamebirds, or 3 pen-reared gamebirds per dog/falconry bird, per day.
- There are rules regarding disease testing, holding and other requirements when releasing pen-reared gamebirds under dog training stipulations.
Field trial (high volume pen-reared gamebird release)
- When a permit is needed:
  - A field trial COR is required for a one-time event where pen-reared gamebirds are released for dog or falconry trials or training events with larger group sizes or release quantities than allowed under personal training provisions.
- Additional details regarding permitting requirements and a link to the COR application are found in the field trials section, below.
Commercial Hunting Area
- A Commercial Hunting Area COR is required to regularly release pen-reared gamebirds for put-and-take hunting operations. Commercial Hunting Areas can also host field trials without additional permitting.
- Additional details regarding permitting requirements and application are found in the Commercial Hunting Area section, below.

Rules for short-term pen-reared gamebird possession

Small quantities of pen-reared gamebirds may be possessed for a short time period without any permit. Generally, this is only applicable to people purchasing pen-reared game birds to use for dog or falconry training.

When permitless short term pen-reared gamebird possession applies:

No permit is required if fewer than 50 pen-reared gamebirds or eggs are held, and they are held less than 60 days.
If any pen-reared gamebirds or eggs are held 60 days or longer, a permit is required.
If at any time, 50 or more pen-reared gamebirds or eggs are held, a permit is required.
No registration is needed for holding pen-reared gamebirds in temporary storage while they are in transit through Utah, provided the pen-reared gamebirds are identified as to their source and destination and are not removed from their shipping containers regardless of number. Additional DOT, UDAF, USDA or other rules may apply.

Requirements of permitless short term pen-reared gamebird possession:

Pen-reared gamebirds must be acquired from a commercial gamebird facility within Utah that is licensed by the Utah Department of Agriculture and Food; or
- Imported into Utah following Utah Department of Agriculture and Food requirements in Rule R58-1; or
- Be tested within 30 days before release for Mycoplasma gallisepticum, Mycoplasma synoviae, avian influenza virus and Salmonella pullorum-typhoid.
The person possessing the pen-reared gamebirds must have a bill of sale establishing proof of purchase from a legal source.
Each pen-reared gamebird must have a durable marking attached.
- A durable marking is defined as a metal leg band, patagial tag or other marking attached to an animal identifying it as a pen-reared bird that can reasonably be expected to remain attached for more than one year and is easily visible on inspection of a bird in hand.
- Toe clipping or removal of other body parts or feathers does not constitute a durable marking.
- The U.S. Fish and Wildlife Service has additional requirements for captive migratory birds (waterfowl), including an additional permit. See https://www.fws.gov/service/3-200-9-waterfowl-sale-and-disposal.
The pen-reared gamebirds are used for dog training or falconry bird training.
Any person in possession of pen-reared gamebirds must comply with all state, federal, city and other municipality laws, rules and regulations pertaining to the possession of live pen-reared gamebirds.

Rules for pen-reared gamebird personal possession permit

A pen-reared gamebird personal possession permit allows possession of up to 1,000 pen-reared gamebirds. This permit costs $10 and is available through the DWR licensing system. An additional facility location registration is required before the permit is valid. Note: This permit has replaced the aviculture permit for small scale growers, and a Commercial Gamebird Facility License has replaced the aviculture permit for large scale growers (those with more than 1,000 birds).

When it is needed:

A pen-reared gamebird personal possession permit is required if more than 50 and up to 1,000 pen-reared pen-reared gamebirds or eggs are held in possession, or if any pen-reared gamebirds or eggs are held longer than 60 days.
A pen-reared gamebird personal possession permit is required for hatching pen-reared gamebird eggs.
A pen-reared gamebird personal possession permit is required for import, propagation, sale, barter or trade of pen-reared gamebirds or eggs.

What the permit is:

A Pen-reared Gamebird Personal Possession Permit allows the permit holder to possess pen-reared gamebirds and house them at a specific location or address. This permit is replacing the Aviculture Certificate of Registration that was previously required to possess pen-reared gamebirds.

How to get a permit:

The permit is available through the Division of Wildlife Resources licensing system. You will need to log in, or create an account if you do not already have one, and then select "pen-reared gamebird personal possession permit."

Once you have purchased a permit you must register the address or location where the pen-reared gamebirds are held by entering your information in this form.

Additional details on permit requirements

Pen-reared gamebird holding facilities must be constructed to prevent escape of birds, cannot allow access to native waterways and must meet other specifications in the DWR's pen-reared gamebird facility guidelines.

A facility inspection is not required to issue a Pen-reared Gamebird Personal Possession Wildlife Document.

Pen-reared gamebirds must be acquired from a commercial gamebird facility within Utah that is licensed by the Department of Agriculture and Food; or

Be imported into Utah following Department of Agriculture and Food requirements in Rule R58-1; or
Be tested within 30 days before release for Mycoplasma gallisepticum, Mycoplasma synoviae, avian influenza virus and Salmonella pullorum-typhoid.

The U.S. Fish and Wildlife Service has additional requirements for captive migratory birds (waterfowl), including an additional permit. See https://www.fws.gov/service/3-200-9-waterfowl-sale-and-disposal.

Rules for commercial gamebird facility permit

Commercial gamebird facility permits are required for those housing more than 1,000 pen-reared gamebirds. These large facilities are now regulated by the Utah Department of Agriculture and Food.

When it is needed:

A commercial gamebird facility permit is required if more than 1,000 pen-reared gamebirds or eggs are held at any time.

This permit is issued by the Utah Department of Agriculture and Food. Please see https://ag.utah.gov/licenses-registrations-regulations/ for details.

Rules for personal use pen-reared gamebird release

Generally, it is prohibited to release any animal into the wild, including pen-reared gamebirds. However, there are some exceptions for training dogs or falconry birds, as well as for permitted field trials and permitted Commercial Hunting Areas.

A permit is not required to release pen-reared game bids for personal use while training a dog or falconry bird. However, there are rules that must be adhered to.

Additional details:

A person or group of 10 people or fewer can release pen-reared gamebirds for the purpose of training a dog or falconry bird.
The person or group can lethally take the pen-reared gamebirds they released, but only the pen-reared gamebirds they released.
The person or group may release up to 10 pen-reared gamebirds per day, or 3 pen-reared gamerbirds per dog or falconry bird (per day), whichever is greater.
The person or group must have an invoice or bill of sale in their possession showing lawful personal possession or ownership of the pen-reared gamebirds.
Each pen-reared gamebird must be marked with a durable marking attached.
- A durable marking is defined as a metal leg band, patagial tag or other marking attached to an animal identifying it as a pen-reared bird that can reasonably be expected to remain attached for more than one year and is easily visible on inspection of a bird in hand.
- Toe clipping or removal of other body parts or feathers does not constitute a durable marking.
When pen-reared gamebirds are released in areas with wild populations of the same species, released pen-reared gamebirds must be marked with a visible streamer or tape at least 12 inches in length before being released, and must have the streamer or tape attached when killed.
Pen-reared gamebirds that are not recovered on the day of the training or released without permanent marking, or pen-reared gamebirds that escape, are considered part of the wild population and can only be taken during legal hunting seasons as specified in the upland game and waterfowl guidebooks.
Released pen-reared gamebirds must be healthy, capable of flight, free of disease and suitable for human consumption, as well as adhering to disease testing requirements.
The U.S. Fish and Wildlife Service has additional requirements for captive migratory birds (waterfowl), including an additional permit. See https://www.fws.gov/service/3-200-9-waterfowl-sale-and-disposal.

Rules for field trials (high volume pen-reared gamebird release)

A field trial COR is required for a one-time event where pen-reared gamebirds are released for dog trials or falconry bird training or trials.

Additional details

A field trial COR is required regardless of property ownership, and pen-reared gamebirds may only be released in the area specified on the permit.
- Field trials can be held without additional permits on permitted Commercial Hunting Areas as permitted on the Commercial Hunting Area COR, or on Division owned dog-training areas with permission from the area manager.
Event length is limited to five days, and pen-reared gamebirds may only be released on the days specified on the permit.
A field trial permit does not allow hunting or harassment of wild birds outside of legal hunting seasons as specified in the Upland Game and Waterfowl guidebooks. The area must be cleared of wild gamebirds using trained dogs before planting pen-reared gamebirds.
The person or group must have an invoice or bill of sale in their possession showing lawful personal possession or ownership of the pen-reared gamebirds.
Each pen-reared gamebird must be marked with a durable marking.
- A durable marking is defined as a metal leg band, patagial tag, or other marking attached to an animal identifying it as a pen-reared bird that can reasonably be expected to remain attached for more than one year and is easily visible on inspection of a bird in hand.
- Toe clipping or removal of other body parts or feathers does not constitute a durable marking.
Pen-reared gamebirds that are not recovered during the even, released without permanent marking, or pen-reared gamebirds that escape are considered part of the wild population. In these instances, introduced pen-reared gamebirds can only be taken during legal hunting seasons as specified in the upland game and waterfowl guidebooks.
Released pen-reared gamebirds must be healthy, capable of flight, free of disease and suitable for human consumption, as well as adhering to disease testing requirements.
The U.S. Fish and Wildlife Service has additional requirements for captive migratory birds (waterfowl), including an additional permit. See https://www.fws.gov/service/3-200-9-waterfowl-sale-and-disposal.

Rules for Commercial Hunting Areas

For the public

Commercial hunting areas within Utah offer additional upland game hunting opportunities outside of the general upland game seasons. CHAs are areas on private land where hunters can pursue released pheasants, partridges and quail. CHAs generally charge an access and per-bird fee.

Commercial hunting area seasons can run from Sept. 1 to March 31. Open dates can vary by Commercial Hunting Area. Contact the CHA operator for more information hours, prices, species available, reservations, etc.

View a map of Commercial Hunting Areas in Utah that are open to the public.

Commercial Hunting Areas are private businesses that are regulated, but not affiliated with nor endorsed, by the Utah Division of Wildlife Resources.

Hunter education or a trial hunting authorization is required to hunt on a Commercial Hunting Area.

For operators

Note that under the pen-reared gamebird rule as revised in 2023, a Commercial Hunting Area COR only permits release of pen-reared gamebirds. A separate permit for a commercial gamebird facility is required from the Utah Department of Agriculture and Food if your facility houses over 1,000 pen-reared gamebirds. A gamebird personal possession permit is required for 1,000 or fewer pen-reared gamebirds.

A Commercial Hunting Area COR is required to release pen-reared gamebirds for put and take hunting operations. Commercial Hunting Areas can also host field trials without additional permitting.

Additional details

Operators are responsible for knowing the laws surrounding the operation of Commercial Hunting Areas. Those laws are contained in DWR Administrative Rule R657-4.
The Wildlife Document for a Commercial Hunting Area pen-reared gamebird release is valid for three years from the date of issuance. However, an annual report and fee is required at the close of the season every year. The COR is subject to cancellation if the annual report and fee are not received by the DWR.
An operator, their employees, customers or volunteers may release pen-reared gamebirds as specified on their COR within the designated commercial hunting area for hunting or training activities during established commercial hunting area season dates.
The operator must have an invoice or bill of sale available for inspection showing lawful personal possession or ownership of such birds, or documentation that birds were propagated on site. Customers must also be provided with a bill of sale.
Pen-reared gamebirds may be released without a durable marking within designated commercial hunting area boundaries.
After release, pen-reared gamebirds may be taken on the designated property. Pen-reared gamebirds that leave the designated Commercial Hunting Area boundaries shall become the property of the state and may not be taken outside of the designated Commercial Hunting Area boundaries, except during legal hunting seasons as specified in the upland game or waterfowl guidebooks.
Pen-reared gamebirds released must meet disease requirements before release and be healthy, capable of flight, free of disease and suitable for human consumption.
Boundaries must be marked every 300 yards.
The minimum size of a CHA is 160 acres. The maximum size is 5,760 acres.
General season dates are Sept. 1 to March 31. Extended dates can be requested for field trials only.
Wild birds found within Commercial Hunting Areas can only be hunted during seasons as outlined in the Utah upland game or waterfowl guidebooks.
The U.S. Fish and Wildlife Service has additional requirements for captive migratory birds (waterfowl), including an additional permit. See https://www.fws.gov/service/3-200-9-waterfowl-sale-and-disposal

Rules for gamebird import into Utah

Disease rules must be followed. An additional import permit from the Utah Department of Agriculture and Food is required. See: https://ag.utah.gov/farmers/animal-industry/animal-health-program/animal-import-requirements/.

Gamebird Facility Guidelines

Facilities must be constructed and maintained in compliance with DWR gamebird facility guidelines, as per R657-4-15(5) or R657-4-16(3).

Facility requirements

Facilities must be constructed to securely and reliably prevent the escape of pen-reared gamebirds and prevent entry of predators or other large birds into the facility.

Facilities must prevent pen-reared gamebirds from accessing native waterways including but not limited to lakes, streams, rivers, and irrigation canals and ditches. Avian influenza and other diseases are a serious threat and probability of transmission increases greatly in areas where waterfowl and pen-reared birds may come into direct or indirect contact.

Additional requirements may apply to commercial gamebird facilities. Contact the Utah Department of Agriculture and Food for additional information.