§ 11-1101. Prohibitions.

1. Except as provided in title 5 or in sections 11-1901 or 11-1903, no
wild bird shall be trapped, netted or snared, or if so taken, possessed.

2. Traps shall not be set for the taking of any protected wildlife
except (a) in an open season as provided in section 11-1103 for taking
the species for which the trap is set; or (b) in accordance with a
license or permit issued by the department pursuant to title 5; or (c)
as provided in title 5 or title 19 with respect to rabies control and
predatory, destructive or menacing wildlife; or (d) on a registered
muskrat marsh as provided in section 11-1109. Protected wildlife taken
or captured in a trap shall not be killed or possessed while captive
unless it is a species of wildlife for which the trap was or might
lawfully have been set at the time of capture.

3. In waters of the Southern Zone, as so defined, from December 5
through January 31, no person shall set, place or maintain a trap of any
kind except (a) spring hole trap sets for the purpose of taking fox, or
(b) water sets during any open season established for the taking of
muskrat, otter and beaver, or (c) traps set on a registered muskrat
marsh pursuant to permit, issued as provided in section 11-1109.

4. On the opening day of an open season for trapping, no person shall
stake, set or place any trap or deadfall for the purpose of taking the
species of game for which such open season is established or fixed, in
the area for which such open season is established or fixed, before 7:00
A.M.

5. Except as provided in subdivision 1 or 2 of section 11-0523 with
respect to destructive and menacing wildlife, no person shall (a) set or
use a trap of the leg-gripping type having teeth in the jaws; (b) set a
trap so that wildlife when caught is suspended; (c) use, locate or set a
snare or a device consisting of a noose of any material whereby an
animal may be taken.

6. a. No person shall set or use a trap of the leg-gripping type (a)
having a spread of jaws exceeding 7 1/4" measured at right angles to the
axis upon which the jaws operate and excluding the gripping surface of
each jaw, when used under water during the open season for trapping
beaver or otter, or (b) in any other case, except as provided in title 5
or in section 11-1109, having a spread of jaws exceeding 5-3/4" as so
measured.

b. No person shall set or use a body gripping type trap with a
dimension of more than 7-1/2 inches except:

(a) when used in water during the open season for trapping beaver and
otter; or

(b) as further permitted by the department by regulation.

The dimension of the body gripping trap shall be ascertained when the
trap is set in the extreme cocked position and shall be the maximum
distance between pairs of contacting body gripping surfaces except for
rectangular devices which shall be the maximum perpendicular distance
between pairs of contacting body gripping surfaces.

c. Traps of the leg-gripping type having a spread of jaws exceeding 4"
measured as described in paragraph a of this subdivision, when set on
land (excluding traps originally set in water) (a) shall be covered at
the time the trap is set or visited; if the trap becomes uncovered after
it is set the covering shall be replaced at the time the trap is
visited; coverings shall include but not be limited to soil, sand,
leaves, needles, other plant materials, and other substances as
permitted by department regulation; such substances shall completely
cover the jaws of the trap, and (b) shall be equipped with a pan
tensioning device which shall include but not be limited to a bolt and
nut, notches grooved in the pan and dog or lever, sheer pins, a spring
under the pan or strip of band steel, or other devices or modifications
as permitted by regulation of the department.

7. Except as provided in section 11-1109, (a) no person shall take
muskrat by the use of a box, wire or cage trap, except that they may be
taken in such a trap of a construction incapable of taking any species
of wildlife until wildlife previously taken therein has been released;
(b) except as otherwise permitted by department regulation, no person
shall set, stake or use a trap within a distance of five feet from a
muskrat den or house or any structure constructed by a muskrat in which
it can take shelter; (c) smoke, chemicals, gas or poison shall not be
used on or near any trap used to take beaver, otter, fisher, bobcat,
coyote, fox, mink, raccoon, muskrat or skunk.

8. Except as permitted by the department, no person shall set, stake
or use a trap within a distance of fifteen feet from a beaver dam, den
or house.

9. No person shall take, possess or remove from any legally set trap
any lawfully trapped wildlife or shall wilfully disturb, destroy, take
or possess, any legally set trap, without the permission of the owner of
such trap.

10. Traps shall not be set or placed on a public highway.

11. Beaver, fisher and otter shall be taken only as permitted by the
department.

12. No person shall trap wildlife within one hundred feet of a
dwelling, school building, school playground or church without the
written consent of the owner or lessee of the property where the trap is
set.