R657-11-11. Accidental Trapping

  (1)(a) Any protected wildlife accidentally caught in a trapping device that is alive must be immediately released unharmed by a person authorized in R657-11-9(5) and (6).

  (b) All incidents of accidental trapping of protected wildlife must be reported to the division within 48 hours.

  (2)(a) Permission must be obtained from a division representative to remove from a trapping device the carcass of any protected wildlife accidentally caught.

  (b) The carcass remains the property of the state and must be turned over to the division.

  (3) Black-footed ferret, lynx and wolf are protected species under the Endangered Species Act. Accidental trapping or capture of any federally protected species must be immediately reported to both the U.S. Fish and Wildlife Service and the division.

  (4) A person that captures or kills an unauthorized species of protected wildlife in a trapping device is not criminally liable under state law for that take, provided the person:

  (a) was not attempting to take the unauthorized species;

  (b) possesses a valid trap registration license or a valid written authorization from the owner of the trapping device as provided in R657-11-9(6);

  (c) possesses the licenses, permits and tags required to trap the targeted wildlife species; and

  (d) otherwise complies with the provisions of the Wildlife Code, this rule, and guidebooks applicable to trapping the targeted wildlife species.