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-IR- Database: Indiana Register

TITLE 312 NATURAL RESOURCES COMMISSION

Final Rule
LSA Document #07-735(F)

DIGEST

Amends 312 IAC 9-2-11 to allow qualified individuals to trap the European wall lizard at the Falls of the Ohio State Park. Adds 312 IAC 9-4-2.5 to specify conditions under which mute swans are allowed to be possessed and sold. Amends 312 IAC 9-4-14 to remove the bald eagle from the list of endangered birds. Amends 312 IAC 9-5-11 governing the turtle possession permit. Amends 312 IAC 9-10-16 to address various requirements associated with dog training ground permits. Effective 30 days after filing with the Publisher.



SECTION 1. 312 IAC 9-2-11 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-2-11 State parks and state historic sites

Authority: IC 14-10-2-4; IC 14-22-2-6


Sec. 11. A person (a) An individual must not take or chase a wild animal, other than a fish, in a state park or a state historic site.

(b) An individual qualified under this subsection may trap any European wall lizard (Podarcis muralis) from the Falls of the Ohio State Park and the adjacent federal Falls of the Ohio Wildlife Conservation Area in Clarksville, Indiana. In order to qualify under this subsection, an individual must do each of the following:
(1) Possess a written authorization from the division of state parks.
(2) Comply with any terms in the written authorization. These terms shall include a requirement that a European wall lizard can be taken only with approved methods.
(3) For the federal Falls of the Ohio Wildlife Conservation Area, comply with any other terms in the written authorization that are required by the U.S. Army Corps of Engineers.
(Natural Resources Commission; 312 IAC 9-2-11; filed May 12, 1997, 10:00 a.m.: 20 IR 2701; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; filed Sep 19, 2003, 8:14 a.m.: 27 IR 459; filed Apr 1, 2008, 10:28 a.m.: 20080430-IR-312070735FRA)


SECTION 2. 312 IAC 9-4-2.5 IS ADDED TO READ AS FOLLOWS:

312 IAC 9-4-2.5 Mute swans

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


Sec. 2.5. (a) An individual may possess a live mute swan only if each of the following is satisfied:
(1) The swan is pinioned before six (6) weeks of age.
(2) The swan is in an enclosure that prevents its escape into the wild.

(b) A wing of each swan must be pinioned so the:
(1) metacarpal bones of one (1) wing or a portion of the metacarpal bones are removed; and
(2) swan is permanently incapable of flight.

(c) An individual may sell a live mute swan only if each of the following is satisfied:
(1) The swan is pinioned by six (6) weeks of age.
(2) The swan:
(A) is not released into the wild; and
(B) will be held in an enclosure that prevents its escape into the wild.
(3) The individual keeps an inventory of the number of mute swans possessed, including all swans that are born or die, and all transactions by which a mute swan is sold, traded, loaned, bartered, or given to another individual. The individual must issue a valid, dated receipt for all mute swans sold, traded, bartered, or gifted and include the following information:
(A) The name and address of the buyer or person to whom the mute swans were gifted.
(B) The name and address of the seller.
(C) The number of mute swans sold.
(D) The date sold.
(Natural Resources Commission; 312 IAC 9-4-2.5; filed Apr 1, 2008, 10:28 a.m.: 20080430-IR-312070735FRA)


SECTION 3. 312 IAC 9-4-14 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-4-14 Endangered species of birds

Authority: IC 14-10-2-4; IC 14-22-2-6; IC 14-22-34-17
Affected: IC 14-22-34-12


Sec. 14. The following species of birds are endangered and are subject to the protections provided under IC 14-22-34-12:
(1) American bittern (Botaurus lentiginosus).
(2) Least bittern (Ixobrychus exilis).
(3) Black-crowned night-heron (Nycticorax nycticorax).
(4) Yellow-crowned night-heron (Nyctanassa violacea).
(5) Trumpeter swan (Cygnus buccinator).
(6) Osprey (Pandion haliaetus).
(7) Bald eagle (Haliaeetus leucocephalus).
(8) (7) Northern harrier (Circus cyaneus).
(9) (8) Peregrine falcon (Falco peregrinus).
(10) (9) Black rail (Laterallus jamaicensis).
(11) (10) King rail (Rallus elegans).
(12) (11) Virginia rail (Rallus limicola).
(13) (12) Common moorhen (Gallinula chloropus).
(14) (13) Whooping crane (Grus americana).
(15) (14) Piping plover (Charadrius melodus).
(16) (15) Upland sandpiper (Bartramia longicauda).
(17) (16) Least tern (Sterna antillarum).
(18) (17) Black tern (Chlidonias niger).
(19) (18) Barn owl (Tyto alba).
(20) (19) Short-eared owl (Asio flammeus).
(21) (20) Sedge wren (Cisothorus platensis).
(22) (21) Marsh wren (Cisothorus palustris).
(23) (22) Loggerhead shrike (Lanius ludovicianus).
(24) (23) Cerulean warbler (Dendroica cerulea).
(25) (24) Golden-winged warbler (Vermivora chrysoptera).
(26) (25) Kirtland's warbler (Dendroica kirtlandii).
(27) (26) Henslow's sparrow (Ammodramus henslowii).
(28) (27) Yellow-headed blackbird (Xanthocephalus xanthocephalus).
(Natural Resources Commission; 312 IAC 9-4-14; filed May 12, 1997, 10:00 a.m.: 20 IR 2712; filed May 28, 1998, 5:14 p.m.: 21 IR 3717; filed Dec 26, 2001, 2:40 p.m.: 25 IR 2535; filed May 16, 2002, 12:25 p.m.: 25 IR 3046; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; filed Sep 23, 2004, 3:00 p.m.: 28 IR 542; filed Jun 29, 2007, 2:30 p.m.: 20070725-IR-312060272FRA; filed Apr 1, 2008, 10:28 a.m.: 20080430-IR-312070735FRA)


SECTION 4. 312 IAC 9-5-11 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-5-11 Turtle possession permit

Authority: IC 14-10-2-4; IC 14-22-2-6; IC 14-22-26-3; IC 14-22-34-17
Affected: IC 4-21.5; IC 14-22


Sec. 11. (a) Except as provided in subsection (b), this section establishes the requirements that a person an individual must satisfy to possess a turtle that is listed in section 7(c) of this rule.

(b) Exempted from this section is any:
(1) species of turtle that is possessed lawfully under section 2, 3, or 6 of this rule; and
(2) endangered species of native turtle that is possessed lawfully under 312 IAC 9-11.

(c) The department shall not issue a permit under this section to possess a turtle that is listed as endangered under section 4 of this rule.

(d) A person An individual must be an Indiana resident to receive a permit under this section.

(e) A person An individual must submit, on a departmental form, an application for a permit under this section within ten (10) days after taking possession of a native turtle. The application must show the person individual lawfully obtained the turtle. For a turtle that was lawfully obtained:
(1) a receipted invoice;
(2) a bill of lading; or
(3) other evidence approved by the director;
must accompany the application. A certificate of veterinary inspection from the state of origin must accompany an application for a turtle obtained outside Indiana.

(f) If supported by appropriate documentation, an unlimited number of native turtles that were legally obtained but not taken from the wild may be possessed under this permit.

(g) A conservation officer shall inspect each cage or enclosure before a the first permit can be issued to an applicant. A turtle must be:
(1) quarantined for at least thirty (30) days and display no signs of illness before being placed with other turtles; and
(2) confined in a cage or other enclosure that:
(A) makes escape of the animal unlikely; and
(B) prevents the entrance of free-roaming turtles.
The cage or enclosure must provide the turtle with ample space for exercise and to avoid overcrowding. Each turtle shall be handled, housed, and transported in a sanitary and humane manner. Mature male and female turtles of the same species must be caged separately. Upon request by a conservation officer, an applicant must make any cage or enclosure available for inspection.

(h) A turtle possessed under this section:
(1) must not be:
(A) bred;
(B) sold;
(C) traded;
(D) bartered; or
(E) released into the wild; and
(2) may be given only to an individual who possesses a permit under this section.

(i) A turtle with a straight-line carapace length of four (4) inches or greater must be permanently marked with a unique passive integrated transponder (pit tag) implanted under the skin. Only pit tags that can be read by an AVID Reader may be implanted. The director may, however, approve a temporary identification method for use on a sick or injured turtle.

(j) A permit holder must not commercially advertise adoption services.

(k) A permit holder must not place a turtle on public display unless the person also possesses an educational permit issued under 312 IAC 9-10-9.5.

(l) A copy of the records must be kept on the premises of the permit holder for at least two (2) years after the turtle was obtained, and a copy must be provided to a conservation officer upon request. The records shall include the following:
(1) The:
(A) taxa;
(B) number;
(C) carapace length; and
(D) weight;
of each turtle obtained.
(2) The:
(A) complete name;
(B) address; and
(C) telephone number;
of the person from whom a turtle was obtained.
(3) The date obtained.
(4) The unique passive integrated transponder code of each implanted turtle.

(m) A conservation officer:
(1) may enter the premises of the permit holder at all reasonable hours to inspect:
(A) those premises; and
(B) any records relative to the permit;
(2) shall immediately notify the permit holder if the inspection reveals a turtle is being kept under unsanitary or inhumane conditions; and
(3) may make a second inspection after ten (10) days to determine if any permit deficiency has been corrected that was reported to the permit holder.

(n) A permit expires on June 30 of the third year following the year in which the permit was issued.

(o) The permit holder must provide an annual report to the division by July 15 of each year with the following information:
(1) The taxa and number of each native turtle.
(2) The:
(A) complete name;
(B) address; and
(C) telephone number;
of the person from whom a turtle was obtained.
(3) (2) The date the turtle was obtained.
(4) (3) The unique passive integrated transponder code of each implanted turtle or another type of unique identification.

(p) A permit may be suspended, denied, or revoked and any turtle confiscated, under IC 4-21.5, if the permit holder fails to comply with any of the following:
(1) A permit issued under this section.
(2) This article.
(3) Another applicable state, local, or federal law.
(Natural Resources Commission; 312 IAC 9-5-11; filed Sep 23, 2004, 3:00 p.m.: 28 IR 546; filed Jun 23, 2006, 2:24 p.m.: 20060719-IR-312050214FRA; filed Apr 1, 2008, 10:28 a.m.: 20080430-IR-312070735FRA)


SECTION 5. 312 IAC 9-10-16 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-10-16 Dog training ground permit

Authority: IC 14-10-2-4; IC 14-22-2-6


Sec. 16. (a) A person may take northern bobwhite quail (Colinus virginianus) or ring-necked pheasants (Phasianus colchicus) which that have been raised in captivity for the purpose of training dogs only pursuant to a permit issued under this section.

(b) An application for a dog training grounds ground permit must be completed on a department form and filed with the division. The application must demonstrate the applicant owns or controls a contiguous tract of land. containing between The dog training ground must contain at least five (5) and not more than twenty (20) acres. This land shall not be located within one (1) mile of a state-owned or state-controlled public hunting area. Only one (1) dog training ground may be licensed by the department on a contiguous tract of land.

(c) The boundaries of the land permitted under this section must be marked with signs:
(1) at least eighteen (18) sixteen (16) inches wide and eighteen (18) sixteen (16) inches long;
(2) with a white background; and
(3) with one (1) inch high lettering which that states "dog training grounds". ground".
The signs must be placed no not more than five hundred (500) feet apart and along the entire boundary of the dog training grounds. ground.

(d) A northern bobwhite quail or a ring-necked pheasant must be banded with a standard metal or plastic leg band before being released on the dog training grounds. ground. A person training dogs on a dog training ground shall have in possession a:
(1) bill of sale for the game birds released for training; or
(2) copy of the person's game breeder license.

(e) A daily record of the training activities on the grounds ground must be maintained by the permit holder. The information contained on the daily record shall include the following:
(1) The name and address of each trainer using the grounds. ground.
(2) The number and species of birds released.
(3) The number and species of birds taken.

(f) No training activities quail or pheasants shall take place be taken under this section except between sunrise and sunset.

(g) The grounds birds cannot also be used for game breeding possessed in captivity for more than five (5) days or sold unless a game breeder license is held under IC 14-22-20 and section 4 of this rule.

(h) The grounds ground cannot also be used for any of the following:
(1) A field trial, unless a permit is held under section 7 of this rule.
(2) A shooting preserve, unless a license is held under IC 14-22-31.
(3) The purpose of possessing or breeding game birds for release unless the person is licensed under IC 14-22-20 and section 4 of this rule.

(i) A permit expires December 31 of the year in which the permit was issued.

(j) A conservation officer may enter the premises of the permit holder at all reasonable hours to inspect those premises and any records relative to the permit.
(Natural Resources Commission; 312 IAC 9-10-16; filed May 12, 1997, 10:00 a.m.: 20 IR 2736; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; filed Apr 1, 2008, 10:28 a.m.: 20080430-IR-312070735FRA)


LSA Document #07-735(F)
Notice of Intent: 20071107-IR-312070735NIA
Proposed Rule: 20080130-IR-312070735PRA
Hearing Held: February 29, 2008
Approved by Attorney General: March 31, 2008
Approved by Governor: April 1, 2008
Filed with Publisher: April 1, 2008, 10:28 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

Posted: 04/30/2008 by Legislative Services Agency

DIN: 20080430-IR-312070735FRA
Composed: Mar 19,2024 6:07:16AM EDT
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