Seizure of wild animals pursuant to administrative order; appeal

(a) Authorized personnel of the department may seize any wild animal regulated by this chapter pursuant to an administrative order or an emergency administrative order issued by the department. (b) In the event that any person is adversely affected by a seizure pursuant to an administrative order or emergency administrative order issued by the department, such person shall be entitled to appeal such order pursuant to subsection (d) of Code Section 27-1-37. (c) Any wild animal seized under this Code section shall be held until the expiration of the time for filing any administrative appeal and, if such an appeal is filed, pending the resolution of this appeal. Reasonable charges for storage shall be paid to the department by the owner and the person in possession of the wild animal at the time of seizure unless it is determined that the seizure was unlawful. (Code 1933, § 45-1104.2, enacted by Ga. L. 1979, p. 1094, § 14; Ga. L. 1985, p. 913, § 6.) 27-5-10. Disposal of wild animals recaptured after escape or seized under this title. (a) The commissioner may authorize the disposal of any wild animal regulated by this chapter which has escaped and been recaptured or any wild animal which has been seized under this title. Such disposal shall be in the manner determined by the commissioner to be in the best interest of the state and shall not be in violation of this title, provided that no such disposal shall be made until there has been a final 292 27-5-11 adjudication of any civil or administrative proceeding commenced by any person authorized to do so by this title. (b) Notwithstanding any other provisions of this title, when a wild animal regulated by this chapter has escaped, the commissioner or the commissioner’s designee may authorize the destruction of the wild animal by employees or agents if it is determined that the wild animal poses a threat to the safety of human beings, threatens the well-being of wildlife populations, or if it is determined that there is very little likelihood that the wild animal can be recaptured. (Code 1933, § 45-1105, enacted by Ga. L. 1977, p. 396, § 1; Ga. L. 1978, p. 816, § 69; Ga. L. 1979, p. 1094, § 15; Ga. L. 1997, p. 1395, § 5.)