It is unlawful to release wildlife from captivity without prior
written approval from the Commission. Birds, other than ratites, that are not
kept in buildings or covered pens shall be considered to have been released
from captivity. To protect the health and safety of the public and the wildlife
resources, the Commission and its designees are authorized to recapture or
dispatch any wildlife, whether kept legally or illegally, that escapes from or
is illegally released from captivity.
EXCEPTIONS:
A. Captive-raised northern bobwhite,
ring-necked pheasant, and chukar may be released in compliance with a Game Bird
Shooting Resort Permit.
B. Native
wildlife, other than mountain lions, may be released on private land in
compliance with a Commission Wildlife Rehabilitation Permit or a U.S. Fish and
Wildlife Rehabilitation Permit or in accordance with Code 05.10 Exception
B.
C. Captive-reared mallards,
pen-raised northern bobwhite, chukar or ring-necked pheasant may be released
for sanctioned field trials upon receiving written approval from the Chief of
Wildlife Management.
D. In
compliance with Code 09.15.
E.
Captive-reared mallards, northern bobwhite, chukar, or ring-necked pheasants
may be released in compliance with a Shoot-To-Kill Dog Training Permit (Code
09.08).
PENALTY: Class 3
A. Any person convicted of violating this
regulation shall be liable for the costs accrued by the Commission in the
recapture, including all man hours of Commission personnel, storage and care of
any released and/or recaptured wildlife in connection with the
violation.
B. Any person convicted
of violating this regulation shall be liable for the costs of any and all tests
and/or examinations of the released wildlife and shall be liable for the costs
of destruction and/or disposal of the released wildlife, as deemed necessary by
the Commission for the protection of native wildlife.