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TITLE 312 NATURAL RESOURCES COMMISSION

Final Rule
LSA Document #10-230(F)

DIGEST

Amends 312 IAC 9-3-14 to extend the running season and change the starting date for the trapping season for raccoons and opossums. Effective 30 days after filing with the Publisher.



SECTION 1. 312 IAC 9-3-14 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-3-14 Opossums and raccoons

Authority: IC 14-10-2-4; IC 14-22-2-6
Affected: IC 14-22; IC 35-47-2


Sec. 14. (a) Except as provided in subsection (b), an individual may do the following:
(1) Hunt Take raccoons and Virginia opossums from noon 8 a.m. on November 8 until noon on January 31 of the following year.
(2) Trap raccoons and Virginia opossums from 8 a.m. on November 15 until noon on January 31 of the following year.
(3) (2) Chase raccoons and Virginia opossums from noon on February 15 1 until noon on October 14. 25.

(b) A nonresident may
(1) hunt take raccoons under subsection (a)(1) and
(2) trap raccoons under subsection (a)(2);
only to the extent that these raccoon seasons in the state of the nonresident are open to Indiana residents.

(c) An individual must not do the following:
(1) Possess a firearm, air rifle, or another device capable of taking a raccoon or Virginia opossum while chasing a raccoon or opossum during the chasing season established under subsection (a)(3). (a)(2).
(2) Remove, attempt to remove, dislodge, or attempt to dislodge a raccoon or Virginia opossum from:
(A) a tree hollow;
(B) a hole;
(C) a den;
(D) a pocket;
(E) a cavity;
(F) a burrow;
(G) a tile; or
(H) any other place;
where the raccoon or Virginia opossum has secreted itself for security or protection or in which the raccoon maintains a nest or den.

(d) Notwithstanding subsection (c)(1), an individual may possess a handgun in accordance with IC 35-47 while chasing raccoons and Virginia opossums under this section if the person:
(1) has a valid unlimited license to carry a handgun:
(A) issued under IC 35-47-2-3; or
(B) recognized under IC 35-47-2-21(b); or
(2) is not required to possess a license to carry a handgun under IC 35-47-2-2.
(Natural Resources Commission; 312 IAC 9-3-14; filed May 12, 1997, 10:00 a.m.: 20 IR 2707; filed May 28, 1998, 5:14 p.m.: 21 IR 3714; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; filed Sep 23, 2004, 3:00 p.m.: 28 IR 540; filed Sep 6, 2007, 12:20 p.m.: 20071003-IR-312070023FRA; filed Apr 4, 2008, 2:56 p.m.: 20080430-IR-312070659FRA; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Mar 12, 2010, 1:28 p.m.: 20100407-IR-312090479FRA; filed Jan 5, 2011, 3:15 p.m.: 20110202-IR-312100230FRA)


LSA Document #10-230(F)
Notice of Intent: 20100421-IR-312100230NIA
Proposed Rule: 20100825-IR-312100230PRA
Hearing Held: September 27, 2010
Approved by Attorney General: December 10, 2010
Approved by Governor: December 23, 2010
Filed with Publisher: January 5, 2011, 3:15 p.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 West Washington Street, Room W273, Indianapolis, Indiana 46204, (317) 233-6527, lpetercheff@dnr.in.gov

Posted: 02/02/2011 by Legislative Services Agency

DIN: 20110202-IR-312100230FRA
Composed: Aug 23,2014 11:47:27AM EDT
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