§ 141.3. Protection removed under certain circumstances.

(a) General.

(1) Protection is removed from wildlife, except migratory birds, big game and threatened or endangered species, when personal property, other than an agricultural crop, is being destroyed or damaged.

(2) Wildlife may only be taken by the owner or person in charge of the personal property affected.

(3) Wildlife taken to protect personal property shall be taken in a humane and lawful manner.

(b) Disposition.

(1) Wildlife taken to protect personal property shall be turned over to a Commission representative as required in section 2125 of the act (relating to surrender of carcass to commission officer).

(2) Wildlife, or a part thereof, taken under this section, may not be retained alive, sold or given away.

(3) Wildlife taken alive may be relocated to a natural setting unless otherwise restricted or prohibited.

(c) Diseased or sick wildlife.

(1) Protection is removed from wildlife, except migratory birds, big game and threatened or endangered species, when it is obvious that an animal is sick or diseased and poses a threat to human safety, farm animals or pets.

(2) The wildlife may only be taken by, or under the direct supervision of, the person in charge of the property where the threat exists.

(3) The wildlife shall be taken in a safe, expeditious and lawful manner.

(d) Disposition of diseased or sick wildlife.

(1) Wildlife taken under authority of subsection (c) shall be disposed of in one of the following ways:

(i) Buried on the site where taken.

(ii) Destroyed by incineration or other proper disposal.

(iii) Submitted for laboratory analysis.

(2) Wildlife or parts thereof taken under subsection (c) may not be retained alive, sold or given away.