87-4-410. Removal of game animals. (1) If game animals are present on the land that is to be covered by a game farm license, the license must be issued but must be conditioned upon the applicant complying with this section.
     (2) Before the fence surrounding any land to be covered by a game farm may be closed, all game animals must to the extent possible be driven from the land by the applicant, at the applicant's expense and under the observation of a representative of the department.
     (3) If at the time the license is issued all game animals cannot be removed from the licensed land, the applicant and a representative of the department shall decide within 60 days the approximate number of remaining game animals of each indigenous species. This number is the "base number".
     (4) The department may remove the base number of game animals from the game farm within 120 days from the date the number was determined.
     (5) If the department decides not to remove the game animals or if some game animals were not successfully removed, the public must be granted access to harvest those game animals during a special hunt set for that purpose during the next regularly scheduled hunting season.
     (6) After compliance with this section, any animals from the base number that remain and their progeny belong to the licensee. Under certain circumstances, a licensee may request a waiver from the identification and marking of animals in the base number on a licensed game farm.

     History: En. Sec. 5, Ch. 570, L. 1983; amd. Sec. 4, Ch. 503, L. 1995.