312 IAC 9-3-18.5; 312 IAC 9-3-18.6; 312 IAC 9-10-4; 312 IAC 9-10-21

(1) Bradypodidae (tree sloth).

(2) Bovidae (gazelle, bighorn sheep, antelope, and wildebeest), except for domestic cattle (genus Bos, including all dairy and beef animals) and buffalo (Bison bison).

(3) Camelidae (camel and llama).

(4) Canidae (jackal, wild dog, and other exotic foxes).

(5) Cebidae (marmoset).

(6) Cercopithecidae (baboon and monkey).

(7) Cervidae (elk, moose, caribou, and other exotic deer).

(8) Dasypodidae (armadillo).

(9) Elephantidae (elephant).

(10) Equidae (wild horse and zebra), except for domestic horses.

(11) Felidae (mountain lion, lynx, tiger, and other exotic cats).

(12) Giraffidae (giraffe and okapi).

(13) Hippopotamidae (hippopotamus).

(14) Hyaenidae (hyaena).

(15) Macropodidae (kangaroo and wallaby).

(16) Myrmecophagidae (anteater).

(17) Orycteropodidae (aardvark).

(18) Pongidae (chimpanzee, bonobo, and gorilla).

(19) Procaviidae (hyrax).

(20) Protelidae (aardwolf).

(21) Rhinocerotidae (rhinoceros).

(22) Suidae (wild boar and other exotic swine), except for domestic swine.

(23) (22) Tapiridae (tapir).

(24) Tayassuidae (javelina and peccary).

(25) (23) Tragulidae (chevrotain).

(26) (24) Ursidae (bear).

(27) (25) A hybrid or genetically altered mammal of any of these families.

Exempted from this section are the following species of mammals that are not considered to be exotic mammals: white-tailed deer, bobcat, red fox, gray fox, and coyote.

(1) taken by a resident landowner or tenant while destroying or causing substantial damage to property that is owned or leased by the landowner or tenant; or

(2) a species from the family

(3) an animal that has escaped from captivity into the wild and is a known immediate threat to:

(1) Wild cats, except feral cats, in the family Felidae, purebred wolves in the family Canidae, and bears in the family Ursidae may be possessed under a wild animal possession permit issued under 312 IAC 9-11 or a license issued by the United States Department of Agriculture under 9 CFR, Chapter 1, Subchapter A, Parts I through IV.

(2) Cervidae may be possessed under a cervidae breeder license issued under 312 IAC 9-10-4.

(3) All other families listed in subsection (a) may be possessed without a permit from the department but must be possessed with a license issued by the United States Department of Agriculture under 9 CFR, Chapter 1, Subchapter A, Parts I through IV.

(1) Cervidae, including their parts, may be sold under IC 14-22-20, IC 14-22-20.5, and 345 IAC.

(2) Bovidae may be sold without a license from the department.

(3) All other families listed in subsection (a) may be sold without a permit from the department but must be sold with a license issued by the United States Department of Agriculture under 9 CFR, Chapter 1, Subchapter A, Parts I through IV.

(1) may not release an exotic mammal that is a species from a family listed in subsection (a) into the wild in Indiana; except as otherwise provided by statute or this article; and

(2) must report the escape of any exotic mammal listed in subsection (a) to a conservation officer within twenty-four (24) hours.

(1) not native to Indiana; or

(2) extirpated from Indiana and either a:

(1) Has acclimated to living in a wild or free-roaming environment.

(2) Was born in the wild.

(3) Is free-roaming without any visible tags, markings, or behavioral characteristics that would indicate a domestic state or private ownership.

(4) Has skeletal characteristics indicative of a wild or Eurasian origin including:

(1) sell;

(2) transport for sale;

(3) offer to sell;

(4) barter;

(5) trade;

(6) lease;

(7) release a live wild hog; or

(8) offer for compensation any kind of wild hog hunting or taking privileges.

(1) A resident landowner or other individual who has written permission from the landowner may take a wild hog on that land at any time without a permit.

(2) With a nuisance wild animal control permit issued under 312 IAC 9-10-11.

(3) With a scientific purposes license issued under 312 IAC 9-10-6.

(1) be euthanized immediately at the site or transported from the site only to another site where it is euthanized immediately; and

(2) not be:

(1) A zoo that is a permanent establishment accredited by the American Zoological Association or the Zoological Association of America.

(2) A scientific research institution licensed or registered with the United States Department of Agriculture and Indiana secretary of state.

(3) The Purdue University Animal Disease Diagnostic Laboratory.

(4) An organization or a person housing a wild hog at the written request of the department.

(5) An individual who transports a wild hog through Indiana if the:

(1) Ring-necked pheasant (Phasianus colchicus).

(2) Bobwhite quail (Colinus virginianus).

(3) White-tailed deer (Odocoileus virginianus).

(4) (3) Eastern cottontail rabbit (Sylvilagus floridanus).

(5) (4) Gray squirrel (Sciurus carolinensis).

(6) (5) Fox squirrel (Sciurus niger).

(7) (6) Beaver (Castor canadensis).

(8) (7) Coyote (Canis latrans).

(9) (8) Gray fox (Urocyon cinereoargenteus).

(10) (9) Red fox (Vulpes vulpes).

(11) (10) Mink (Mustela vison).

(12) (11) Muskrat (Ondatra zibethicus).

(13) (12) Opossum (Didelphis marsupialis).

(14) (13) Raccoon (Procyon lotor).

(15) (14) Striped skunk (Mephitis mephitis).

(16) (15) Long-tailed weasel (Mustela frenata).

(17) (16) Least weasel (Mustela nivalis or Mustela rixosa).

(1) privately-owned;

(2) legally obtained;

(3) born in captivity; and

(4) possessed by a cervidae livestock operation in accordance with IC 14-22-20.5-2.

(1) Furbearing mammals and eastern cottontail rabbits that must have been one (1) of the following:

(2) Fox squirrels and gray squirrels that must have been born in captivity.

(3) Ring-necked pheasants and bobwhite quail that must have been hatched in captivity.

(1) White-tailed deer and their products for:

under IC 14-22-20.5.

(2) (1) Furbearing mammals, squirrels, and eastern cottontail rabbits for breeding purposes under IC 14-22-20.

(3) (2) Ring-necked pheasants and bobwhite quail for:

(1) breeding;

(2) propagating;

(3) purchasing;

(4) marketing; and

(5) selling;

under IC 14-22-20.5.

(1) acquisition of an animal within Indiana; or

(2) importation of an animal into Indiana.

Each enclosure for these animals must be inspected by a conservation officer before a license may be issued.

(1) an inspection by a conservation officer; or

(2) approval by the division of fish and wildlife.

A conservation officer must be notified within five (5) days of acquisition of the new species.

(1) any live animal under this license; or

(2) the eggs of birds covered under this license;

must secure a certificate of veterinary inspection from an accredited veterinarian in the state of origin before the animal is shipped into Indiana. Documentation in the form of a copy of a valid game breeder license or valid dated receipt that establishes lawful acquisition or ownership must accompany any transportation of wild animals.

(1) A receipt.

(2) An invoice.

(3) Other satisfactory evidence of lawful acquisition, including documentation of natural birth.

(1) A wild animal must be confined in a cage or other enclosure that:

(2) The cage or enclosure shall be large enough to:

(3) All chainlink or welded wire edges shall be:

(4) Night quarters, holding pens, and nesting boxes may not be used as primary housing.

(5) The following shall be provided as required for the comfort of the particular species of animal:

(6) Each animal shall be handled, housed, and transported in a sanitary and humane manner.

(7) An enclosure must be provided with sufficient drainage to prevent standing water from accumulating.

(8) The cages or other enclosures must be made available upon request for inspection by a conservation officer.

(1) The enclosure must have a perimeter fence with a height of at least eight (8) feet from the ground to the top of the fence at all parts of the structure to:

(2) Fence bottoms shall be installed at or near the ground level but not more than six (6) inches above ground level.

(3) If topographic, natural, or other conditions exist that would enable an animal to pass through, over, or under the fence, the permit holder must supplement the fence as necessary to prevent egress.

(4) Perimeter fencing materials shall be of a fencing strength, weave, and construction that prevents the escape of an animal into the wild and may include, but are not limited to, high tensile game fence that is at least fourteen and one-half (14 1/2) gauge, chainlink fence of at least nine (9) gauge, welded wire fence of at least twelve and one-half (12 1/2) gauge, wood fence or farm buildings.

(5) All chainlink or welded wire fence edges shall be:

(6) The license holder under this section or the license holder's their designees must maintain the perimeter fencing in good condition at all times.

(7) The license holder under this section or the license holder's their designees must maintain a log of perimeter fence inspections that records the following:

(8) A license holder under this section must report the escape of any white-tailed deer cervidae possessed under this section to a conservation officer within twenty-four (24) hours after knowledge of the escape or knowledge of potential escape. Knowledge of potential escape shall include, but not be limited to, significant damage to the perimeter fence that is likely to allow escape or the license holder is unable to account for all of the animals possessed under this license, or both.

(9) A license holder under this section shall secure and install padlocks on all remote perimeter gates.

(10) Upon a request by a conservation officer, any enclosure must be made available for inspection.

(1) Fresh water must be provided as follows:

(2) Feed must be provided as follows:

(3) Windbreaks, shelters, and shade must be provided as follows:

(4) Bedding must be provided as follows:

(5) Enclosures must be provided as follows:

(6) Each white-tailed deer cervidae shall be handled, housed, and transported in a sanitary and humane manner.

(1) Malnutrition.

(2) Illness.

(3) Disease.

(4) Injury.

(5) Stress.

A licensed veterinarian may administer to an animal an immobilizing agent, tranquilizer, or drug for euthanasia in compliance with all state and federal laws. A license holder under this section or authorized handler may use an immobilizing agent or tranquilizer, as directed by a licensed veterinarian, to assist in the safe handling and transportation of white-tailed deer.

(1) Register with the state veterinarian each location where white-tailed deer cervidae are being kept and acquire a premises identification under 345 IAC 2-7.

(2) Register with the state veterinarian and enroll in the chronic wasting disease (CWD) program under 345 IAC 2-7.

(3) Adhere to Indiana cervidae importation requirements as designated by the state veterinarian. Prior to importation, a permit from the state veterinarian must be acquired under 345 IAC 1-3 and 345 IAC 2-7.

(4) Handle all deaths of cervidae older than twelve (12) months of age as follows in accordance with 345 IAC 2-7:

(5) Allow for an annual herd inspection by the Indiana state board of animal health and provide records under 345 IAC 2-7 for the following:

(1) Malnutrition.

(2) Illness.

(3) Disease.

(4) Injury.

(5) Stress.

A licensed veterinarian may administer to an animal an immobilizing agent, tranquilizer, or drug for euthanasia in compliance with all state and federal laws. A license holder under this section or authorized handler may use an immobilizing agent or tranquilizer, as directed by a licensed veterinarian, to assist in the safe handling and transportation of cervidae.

(1) Maintain an inventory of all wild animals possessed under this section.

(2) Record all additions and deletions to the inventory for every wild animal that is:

on a signed departmental form or computerized record with a signature that is either electronic or in ink. If recorded on a departmental form, the person must complete the form in ink.

(3) Keep a copy of the complete and accurate inventory on the premises of the game breeder.

(4) Provide a copy of the inventory to a conservation officer upon request.

(5) Issue a valid, dated receipt prepared in ink for all animals or their products that are sold, traded, bartered, or gifted and include the following information:

A copy of all of the receipts issued must be on the premises of the game breeder for at least five (5) years after the year of the transaction.

(1) bought;

(2) sold;

(3) born;

(4) traded;

(5) gifted;

(6) of deaths; and

(7) on hand.

(1) Meet the conservation officer at the time of inspection to provide access to all enclosures where animals possessed under a license issued under this section are housed.

(2) Provide access to all records relative to the license issued under this section.

(1) Upon request of the license holder or the license holder's designee and prior to entering the enclosure where animals are housed, follow appropriate sanitation practices to prevent the spread of disease if the license holder provides sanitation supplies or protective equipment.

(2) Give due consideration to the safety and welfare of the animals.

(3) Notify the license holder if the inspection reveals a violation of this section or IC 14-22-20. The conservation officer may make a second inspection after no sooner than fifteen (15) days after the reported violation violations unless critical conditions exist as determined at the reasonable discretion of the conservation officer. The license may be suspended or revoked under IC 4-21.5 and wild animals may be confiscated if the license holder fails to correct the violation violations of the license requirements.

(1) A provision of a license issued under this section.

(2) IC 14-22-20.

(3) All applicable state, local, or other federal laws.

LSA Document #10-104(F)

Notice of Intent: 20100217-IR-312100104NIA

Proposed Rule: 20101006-IR-312100104PRA

Hearing Held: October 28, 2010

Approved by Attorney General: December 1, 2010

Approved by Governor: December 10, 2010

Filed with Publisher: December 10, 2010, 10:36 a.m.

Documents Incorporated by Reference: None Received by Publisher

Small Business Regulatory Coordinator: Linnea Petercheff, Staff Specialist, Division of Fish and Wildlife, Department of Natural Resources, 402 W. Washington Street, Room W273, Indianapolis, Indiana 46204, (317) 233-6527, lpetercheff@dnr.in.gov