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-IR- Database: Indiana Register

TITLE 312 NATURAL RESOURCES COMMISSION

Final Rule
LSA Document #10-614(F)

DIGEST

Amends 312 IAC 9-3-14.5 to specify requirements for the release and possession of live furbearing mammals during the season and the disposition of furbearing mammals taken during the hunting and trapping season. Amends 312 IAC 9-3-15 governing the taking of a wild animal that is damaging property. Effective 30 days after filing with the Publisher.



SECTION 1. 312 IAC 9-3-14.5 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-3-14.5 Possession of furbearing mammals

Authority: IC 14-10-2-4; IC 14-22-2-6
Affected: IC 14-22-20


Sec. 14.5. (a) An individual must not possess the untanned hide or unprocessed carcass of any of the following species that have been lawfully taken for more than twenty (20) days after the close of the hunting or trapping season: except as authorized under subsection (d):
(1) Red fox (Vulpes vulpes).
(2) Gray fox (Urocyon cinereoargenteus).
(3) Striped skunk (Mephitis mephitis).
(4) Beaver (Castor canadensis).
(5) Mink (Mustela vison).
(6) Muskrat (Ondatra zibethicus).
(7) Long-tailed weasel (Mustela frenata).
(8) Virginia opossum (Didelphis marsupialis).
(9) Raccoon (Procyon lotor).

(b) Notwithstanding subsections (e), (g), and (h), an individual must not may possess a live furbearing mammal listed in subsection (a) outside the hunting or trapping season except under one (1) of the following:
(1) A game breeder license in compliance with IC 14-22-20 and 312 IAC 9-10-4.
(2) A wild animal possession permit in compliance with 312 IAC 9-11.
(3) A wild animal rehabilitation permit in compliance with 312 IAC 9-10-9.
(4) A scientific purposes license in compliance with 312 IAC 9-10-6.
(5) A nuisance wild animal control permit in compliance with 312 IAC 9-10-11.
(6) A registered or licensed educational or scientific institution with the United States Department of Agriculture in accordance with 9 CFR, Chapter 1, Subchapter A, Parts I through IV.
(7) A breeder or dealer license issued by the United States Department of Agriculture under 9 CFR, Chapter 1, Subchapter A, Parts I through IV.

(c) An individual must not sell a live furbearing mammal listed in subsection (a) except:
(1) during the hunting and trapping season established in this rule for that animal; species; or
(2) with a valid game breeder license in compliance with IC 14-22-20 and 312 IAC 9-10-4.

(d) An individual must not may possess the untanned hide or unprocessed carcass of a furbearing mammal listed in subsection (a) except: as follows:
(1) During the hunting and trapping season established in this rule for that animal; species.
(2) for not more than twenty (20) days after the close Until May 15 of the year the hunting or trapping season closed as established in this rule for that animal; species.
(3) Until June 15 of the year the hunting and trapping season closed for that species if the individual submits a report to the department by May 15 on a signed departmental form that lists the number of untanned hides and unprocessed carcasses possessed by species and not sold to a licensed fur buyer.
(4) With a valid fur buyer's license in compliance with IC 14-22-19 and 312 IAC 9-10-12.
(4) (5) With a valid taxidermy license in compliance with IC 14-22-21 and 312 IAC 9-10-5. or
(5) (6) With a valid special purpose salvage permit in compliance with 312 IAC 9-10-13.5.

(e) Except as authorized in subsection (g), an individual who traps a furbearing mammal must either:
(1) release the furbearing mammal into the wild in the county in which it was captured within twenty-four (24) hours of capture; or
(2) euthanize the furbearing mammal immediately after removal from the trap or transport from the trap site.

(f) A captive furbearing mammal that is being transported must be properly handled in an expeditious manner to prevent unnecessary physical injury.

(g) An individual who lawfully takes a:
(1) raccoon;
(2) red fox;
(3) gray fox; or
(4) coyote;
during the trapping season for that species may possess that animal live in captivity during the remainder of the trapping season for that species only as provided in subsections (f) and (h).

(h) After removal from a trap and transport from the trap site, an individual possessing a furbearing mammal under subsection (g) must do the following:
(1) Confine the mammal in a cage or other enclosure as follows:
(A) A cage or other enclosure that:
(i) makes escape of the mammal unlikely and prevents the entrance of a free-roaming mammal of the same species;
(ii) is structurally sound;
(iii) is of sufficient strength for the species involved;
(iv) is maintained in good repair and smoothly secured to prevent escape or injury to the mammal in the enclosure;
(v) is constructed to allow sufficient space for individual posture, to turn about freely, and to make normal social movements;
(vi) is secured when unattended with protective devices at entrances and exits to prevent escapes if kept outdoors and if needed to prevent injuries to human or the mammal's health; and
(vii) has ambient ventilation by means of windows, doors, vents, fans, or air conditioning to protect the health of the mammal and to minimize drafts, odors, and condensation.
(B) Night quarters, transportation cages, and nesting boxes may not be used as primary housing.
(C) Surface water must be adequately drained from a cage or enclosure where the mammal is housed.
(D) Adequate lighting shall be provided by artificial or natural means and cycled for appropriate photoperiod, if necessary for the mammal in possession.
(2) Provide the following for the comfort of the particular species of mammal:
(A) Fresh, clean drinking water in clean containers on a daily basis.
(B) Appropriate and adequate food that is as follows:
(i) Unspoiled.
(ii) Uncontaminated.
(iii) Appropriate to the dietary needs of the mammal.
(iv) Of sufficient quantity for the mammal involved.
(v) Provided on a daily basis.
(C) Adequate shelter from the elements.
(D) Adequate shade.
(3) Remove and dispose of food wastes, feces, urine, and bedding from the enclosure and premises daily to maintain sanitary conditions and protect the mammal and human health.
(4) Remove trash, garbage, debris, and carcasses from the enclosure as soon as they are observed and appropriately disposed of.
(5) Either:
(i) euthanize a mammal possessed under this section no later than the last day of the season for that species; or
(ii) apply for a game breeder license under IC 14-22-20 and 312 IAC 9-10-4 within five (5) days after the close of the season for that species.
(6) Make a mammal possessed under this section available for inspection by a conservation officer upon request.
(Natural Resources Commission; 312 IAC 9-3-14.5; 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 Jul 5, 2011, 1:37 p.m.: 20110803-IR-312100614FRA)


SECTION 2. 312 IAC 9-3-15 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-3-15 Taking beavers, minks, muskrats, long-tailed weasels, red foxes, gray foxes, opossums, skunks, raccoons, or squirrels to protect property

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


Sec. 15. (a) Notwithstanding the requirements of this rule, a resident landowner or a tenant may, without a permit at any time, take:
(1) a beaver;
(2) a mink;
(3) a muskrat;
(4) a long-tailed weasel;
(5) a red fox;
(6) a gray fox;
(7) an opossum;
(8) a skunk;
(9) a raccoon;
(10) a fox squirrel; or
(11) a gray squirrel;
that is discovered while damaging property.

(b) An individual who takes a mammal under subsection (a) must: report the taking to a conservation officer within seventy-two (72) hours of the taking. The individual must dispose of the mammal in a lawful manner. An individual must not
(1) release a the mammal except on land in the county where the mammal was captured only with permission of the landowner or property manager; or
(2) euthanize the mammal within twenty-four (24) hours of capture.

(c) An individual who takes a mammal under subsection (a) must not do the following:
(1) Possess the mammal for more than twenty-four (24) hours.
(2) Sell, trade, barter, or gift the mammal.
(Natural Resources Commission; 312 IAC 9-3-15; filed May 12, 1997, 10:00 a.m.: 20 IR 2707; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; filed Sep 23, 2004, 3:00 p.m.: 28 IR 540; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Mar 12, 2010, 1:28 p.m.: 20100407-IR-312090479FRA; filed Jul 5, 2011, 1:37 p.m.: 20110803-IR-312100614FRA)


LSA Document #10-614(F)
Notice of Intent: 20100929-IR-312100614NIA
Proposed Rule: 20110126-IR-312100614PRA
Hearing Held: April 4, 2011
Approved by Attorney General: June 29, 2011
Approved by Governor: July 5, 2011
Filed with Publisher: July 5, 2011, 1:37 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: 08/03/2011 by Legislative Services Agency

DIN: 20110803-IR-312100614FRA
Composed: Mar 18,2024 11:44:48PM EDT
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