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:

1. Captive-raised northern bobwhite, ring-necked pheasant, and chukar may be released in compliance with a Game Bird Shooting Resort Permit.
2. 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.
3. 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.
4. In compliance with Code 09.15.
5. 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

1. 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.
2. 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.