| | | 5. Deer. This subsection applies to the taking or killing of | control of nuisance deer found doing damage in orchards and | | crops. |
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| | | A. Whenever deer are doing damage to orchards and crops, | | including legumes, but excepting grass, the department shall | | furnish to the owner or agent of the orchards and crops | | suitable repellants without cost to the owner or agent. The | | commissioner may follow other good conservation practices to | | alleviate the damage. |
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| | | B. Whenever the commissioner determines it impossible to | | keep deer from doing damage to young orchards, the | | commissioner may enter into an agreement with the owner of a | | young orchard in which the department assumes 1/2 the cost | | of fencing the orchard. |
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| | | 6. Dogs. This subsection applies to nuisance dogs. |
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| | | A. A game warden may kill a dog outside the enclosure or | | immediate care of its owner or keeper when the game warden | | finds that dog: |
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| | (1) Chasing, killing, wounding or pursuing a moose, | caribou, or deer or elk at any time; |
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| | | (2) Chasing, killing, wounding or pursuing any other wild | | animal in closed season; or |
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| | | (3) Worrying, wounding or killing a domestic animal, | | livestock or poultry. |
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| | | B. An owner of domestic animals, livestock or poultry, a | | member of the owner's family or a person to whom is | | entrusted the custody of domestic livestock or poultry may | | kill any dog killing or attacking the domestic animals, | | livestock or poultry. |
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| | | C. A person having evidence of a dog chasing, killing, | wounding or pursuing moose, caribou, or deer or elk or any | | other wild animal in closed season may present that evidence | | to the commissioner or any game warden. |
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| | | (1) The commissioner or game warden shall give notice in | | writing to the owner or keeper of the dog, stating the | | acts committed by the dog. |
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| | | | (2) After the owner or keeper of the dog has received | | written notice that the dog has committed any act prohibited by | paragraphs E and E-1, E-2, F and G, |
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