R657-69-3. Responding to Reports of Material Damage by Turkeys

  (1) Upon discovering material damage to private property attributable to turkeys, a landowner or lessee may request that the division take action to mitigate that damage.

  (2) A request for action shall be delivered to a division representative in the appropriate regional office.

  (3) A request for action may be made:

  (a) orally to expedite a field investigation; or

  (b) in writing.

  (4)(a) The division will investigate a request for action within 72 hours after receiving the request.

  (b) If after completing its investigation the division confirms that material damage did occur and it appears that material damage may continue, the division shall:

  (i) remove or drive off turkeys causing material damage; or

  (ii) with the written approval of the landowner or lessee, implement a damage mitigation and prevention plan in accordance with R657-69-4.

  (5) A landowner or lessee may not harass, hunt, or otherwise take a turkey on private property unless:

  (a)(i) they possess a valid turkey hunting permit authorizing them to hunt turkeys; or

  (ii) a damage mitigation and prevention plan authorizes them to undertake such actions; and

  (b) the landowner or lessee's actions are otherwise consistent with the Wildlife Code, its implementing regulations, and proclamations of the Wildlife Board.