26Exemptions for emergency rescue

26 Exemptions for emergency rescue

(1)  A person is not guilty of an offence under these regulations in relation to the taking or possessing of wildlife if –

(a) the person is conducting an emergency rescue of the wildlife; and

(b) at all times during the emergency rescue of the wildlife, the person is acting in a lawful manner; and

(c) as soon as practicable after completing the emergency rescue, the person –

(i) releases the wildlife into the wild; or

(ii) transfers possession of the wildlife to a wildlife officer, a veterinary surgeon or the holder of a wildlife rehabilitation permit; or

(iii) complies with a direction, in respect of the wildlife, given by a person referred to in subparagraph (ii) .

(2)  A person is not guilty of an offence under these regulations in relation to the taking or possessing of a product of wildlife if –

(a) the person is conducting an emergency rescue of wildlife and the person becomes aware that the wildlife is deceased; and

(b) at all times during the emergency rescue of the wildlife, the person is acting in a lawful manner; and

(c) as soon as practicable after becoming aware that the wildlife is deceased –

(i) the person –

(A) notifies the Secretary that the person has possession of the deceased wildlife; and

(B) complies with the directions, in respect of the deceased wildlife, of the Secretary; or

(ii) the person destroys, or otherwise disposes of, the deceased wildlife in a lawful manner.