Section R12-4-427. Exemptions from Requirements to Possess a Wildlife Rehabilitation License

A.      A person may possess, provide rehabilitative care to, and release to the wild any live wildlife listed below that is injured, orphaned, or otherwise debilitated:

1.        The order Passeriformes: passerine birds;

2.        The order Columbiformes: doves;

3.        The family Phasianidae: quail, pheasant, and chukars;

4.        The order Rodentia: rodents; and

5.        The order Lagomorpha: hares and rabbits.

B.       This Section does not:

1.        Exempt the person from any municipal, county, state, or federal codes, ordinances, statutes, rules, or regulations; or

2.        Authorize the person to engage in authorized activities using federally-protected wildlife, unless the person pos- sesses a valid license, permit, or other form of documen- tation issued  by the United  States that  authorizes  the license holder to use that wildlife in a manner consistent with the special license.

C.      This Section does not authorize the possession of any of the following:

1.        Eggs of wildlife;

2.        Wildlife listed as Species of Greatest Conservation Need, as defined under R12-4-401; or

3.        More than 25 animals at the same time.

D.      A person taking and caring for wildlife listed under this Sec- tion is not required to possess a hunting license.

E.       A person shall only take wildlife listed under subsection (A) by hand or by a hand-held implement.

F.       A person shall not possess wildlife lawfully held under this Section for more than 60 days.

G.      The exemptions granted under this Section shall not apply to any person who, by their own action, has unlawfully injured, orphaned, or otherwise debilitated the wildlife.

H.      If the wildlife is rehabilitated and suitable for release, the per- son who possesses the wildlife shall release it within the 60- day period established under subsection (C):

1.        Into a habitat that is suitable to sustain the wildlife, or

2.        As close as possible to the same geographic area from where it was taken.

I.        If the wildlife is not rehabilitated within the 60-day period or the wildlife requires care normally provided by a veterinarian, the person who possesses it shall:

1.        Transfer it to a wildlife rehabilitation license holder or veterinarian;

2.        Euthanize it; or

3.        Obtain a wildlife holding permit as established under R12-4-417.

Historical Note

Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secre- tary of State December 9, 1994 (Supp. 94-4). Amended

by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Amended by final rulemaking at 21

A.A.R. 2813, effective December 5, 2015 (Supp. 15-4).