This site will be continually under construction and changing as the states, counties and municipals continually change their regulations and laws. These are the current regulations for 1996 that we have received to date. If you have other information, please let us know the citations of those laws or regulations, the state and when the changes went or will go into effect by sending e-mail to lawschange@monkeymaddness.com.
ARTICLE 3.1. FISH AND WILDLIFE
RULE 1. Definitions
310 IAC 3.1-1-1 General application of definitions
Authority: IC 14-11-2-1; IC 14-22-2-6
Affected: IC 14-22
Sec. 1.
The definitions provided in 310 IAC 3.1-1 apply throughout this article.
310 IAC 3.1-1-2 "Animal" defined
Authority: IC 14-11-2-1; IC 14-22-2-6
Affected: IC 14-22
Sec. 2.
"Animal" means all mammals, birds, reptiles, amphibians, fish, crustaceans, and mollusks.
310 IAC 3.1-1-10 "Department" defined
Authority: IC 14-11-2-1; IC 14-22-2-6
Affected: IC 14-22
Sec. 10.
"Department" means the department of natural resources.
310 IAC 3.1-1-11 "Director" defined
Authority. IC 14-11-2-1; IC 14-22-2-6
Affected: IC 14-22
Sec. 11.
"Director means the director of the department of natural resources.
310 IAC 3.1-1-12 "Division director" defined
Authority: IC 14-11-2-1; IC 14-22-2-6
Affected: IC 14-22
Sec. 12.
"Division director means the director of the division of fish and wildlife
310 IAC 3.1-1-13 "Division" defined
Authority: IC 14-11-2-1; IC 14-22-2-6
Affected: IC 14-22
Sec. 13.
"Division" means the division of fish and wildlife of the department of natural resources.
310 IAC 3.1-1-14 "Endangered species" defined
Authority: IC 14-11-2-1; IC 14-22-2-6
Affected: IC 14-22
Sec. 14.
"Endangered species" means a species or subspecies of wildlife whose prospects of survival or recruitment within the state are in jeopardy or are likely within the foreseeable future to become so due to any of the following factors:
(1) the destruction, drastic modification, or severe curtailment of its habitat; or
(2) its overutilitization of scientific, commercial or sporting purposes; or
(3) the effect on it of disease, pollution, or predation; or
(4) other natural or man-made factors affecting its prospects of survival or recruitment within the state; or
(5) any combination of the foregoing factors. The term shall also be deemed to include any species or subspecies of fish or wildlife appearing on the United States list of endangered native fish and wildlife as it appears on the effective date of this chapter (Part 17 of Title 50 of the Code of Federal Regulations, Appendix D) or may hereafter be modified as well as any species or subspecies of fish and wildlife appearing on the United States list of endangered foreign fish and wildlife (Part 17 of Title 50 of the Code of Federal Regulations, Appendix A), or any appearing as a result of such list being modified hereafter.
310 IAC 3.1-1-15 "Exempted wild animal defined
Authority: IC 14-11-2-1; IC 14-22-2-6
Affected: IC 14-22
Sec. 15.
"Exempted wild animal" means a wild animal which is unprotected and may be taken at any time.
310 IAC 3.1-1-23 "Individual" defined
Authority: IC 14-11-2-1; IC 14-22-2-6
Affected: IC 14-22
Sec. 23.
"Individual" means a human being.
310 IAC 3.1-1-25 "Law defined
Authority: IC 14-11-2-1; IC 14-22-2-6
Affected: IC 14-22
Sec. 25.
Law" means the United States Constitution, a treaty, a federal statute, a federal regulation, an Indiana statute, or an Indiana rule.
310 IAC 3.1-1-25.5 "License" defined
Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-22-2-6
Affected: IC 4-21.5-1-8; IC 14-22
Sec. 25.5.
"License" has the meaning set forth in IC
310 IAC 3.1-1-31 "Person" defined
Authority: IC 14-11-2-1; IC 14-22-2-6
Affected: IC 14-22
Sec. 31.
"Person" means an individual, an incorporated or unincorporated organization or association, a trustee, or a legal representative.
310 IAC 3.1-1-32 "Possession" defined
Authority: IC 14-11-2-1; IC 14-22-2-6
Affected: IC 14-22
Sec. 32.
"Possession" means to have direct physical control or to knowingly have the power and the intention to exercise dominion or control.
310 IAC 3.1-1-33 "Premises" defined
Authority: IC 14-11-2-1; IC 14-22-2-6
Affected: IC 14-22
Sec. 33.
"Premises" means lands, waters, and private ways.
310 IAC 3.1-1-37 "Resident" defined
Authority: IC 14-11-2-1; IC 14-22-2-6
Affected: IC 14-22
Sec. 37.
"Resident means a person who is at the time and who has continuously resided within this state for sixty (60) consecutive days immediately preceding the date of application for a license or permit. All other persons are nonresidents.
310 IAC 3.1-1-41 "Threatened species" defined
Authority: IC 14-11-2-1; IC 14-22-2-6
Affected: IC 14-22
Sec. 41.
"Threatened species" means a species or subspecies of wild animal likely to become endangered within the foreseeable future, including all species or subspecies classified as threatened by the federal government which occur in Indiana.
310 IAC 3.1-1-46 "Wild animal" defined
Authority: IC 14-11-2-1; IC 14-22-2-6
Affected: IC 14-22
Sec. 46.
"Wild animal" means any animal whose species usually lives in the wild or usually is not domesticated.
310 IAC 3.1-1-47 "Wildlife" defined
Authority: IC 14-11-2-1; IC 14-22-2-6
Affected: IC 14-22
Sec. 47.
"Wildlife" means all wild birds and wild mammals.
Rule 2. Restrictions and Standards Applicable to Wild Animals
310 IAC 3.1-2-1 Taking, chasing and possessing wild animals
Authority: IC 14-22-2-6
Affected: IC 14-22
Sec. 1.
(a) It is unlawful to take, chase or possess a wild animal except as provided by statute or by this article (310 IAC 3.1).
(b) Notwithstanding subsection (a), this article (310 IAC 3.1) does not apply to groundhogs.
310 IAC 3.1-2-2 Prohibition against motor driven conveyances
Authority: IC 14-22-2-6
Affected: IC 14-22
Sec. 2.
(a) It is unlawful to take or chase a wild mammal or bird from, by the use of, or with the aid of a motor driven conveyance, except:
(1) as authorized for a handicapped individual under 310 IAC 3.1-10-10; and
(2) as provided in subsection (b).
(b) A motorboat may be used:
(1) to check traps which are lawfully set and maintained; or
(2) to retrieve a dead or crippled waterfowl.
(c) A motorboat may be used to hunt waterfowl if the motorboat is beached, resting at anchor, tied to a stationary object, or otherwise without motion except as provided by wind, water current, or hand-operated oars or paddles.
(d) It is unlawful to discharge a firearm or bow and arrows from a motor driven conveyance while the conveyance is in motion.
310 IAC 3.1-2-7 Endangered and threatened species
Authority: IC 14-22-2-6; IC 14-22-34-17
Affected: IC 14-22
Sec. 7.
It is unlawful to take, possess, transport, export, process, sell, offer for sale, or ship, and for any common or contract carrier knowingly to transport or receive for shipment an endangered or threatened species unless provided in a permit issued by the director or the federal government or if the animal was lawfully obtained outside Indiana.
310 IAC 3.1-2-10 Violations of law or license terms; revocations
Authority: IC 14-22-2-6
Affected: IC 4-21.5; IC 14-22-6-1
Sec. 10.
(a) The failure by a license holder to comply with the law or a term of the license may result in its revocation by the director under IC 4-21.5.
(b) A violation of a license issued under this article is a violation of this article and IC 14-2-3-8(a).
310 IAC 3.1-2-11 State parks
Authority: IC 14-22-2-6
Affected: IC 14-22
Sec. 11.
It is unlawful to take or chase a wild animal, other than a fish, in a state park.
Rule 3. Mammals
310 IAC 3.1-3-12 Foxes, coyotes and skunks
Authority: IC 14-22-2-6
Affected: IC 14-22
Sec. 12.
(a) Except as provided in subsection (c), the season for hunting red foxes, gray foxes and coyotes is from 12:00 noon on October 15 until 12:00 noon on February 28 of the following year.
(b) Except as provided in subsection (c), the season for trapping red foxes, gray foxes, coyotes and skunks is from 8:00 a.m. on October 15 until 12:00 noon on January 31 of the following year.
(c) It is lawful for:
(1) a person who possesses land; or
(2) another person designated in writing by that person; to take coyotes on that land at any time.
(d) It is unlawful to possess a red fox or gray fox except from October 15 until March 7 of the following year.
(e) It is unlawful to possess a skunk except from October 15 until February 7 of the following year.
310 IAC 3.1-3-18 Prohibited methods of pursuit and taking furbearing mammals
Authority: IC 14-22-2-6
Affected: IC 14-22
Sec. 18.
(a) It is unlawful to take a furbearing mammal with a leg-hold trap possessing saw-toothed or spiked jaws.
(b) It is unlawful to take a furbearing mammal with a leg-hold trap sized number three (3) or larger without offset jaws unless the trap is completely covered by water.
(c) It is unlawful to take a furbearing mammal with a Conibear, Dahlgren, Bigelow, or other killer trap which is seven and one-half (7 1/2) inches or larger in diameter or which is larger than seven and one-half (7 1/2) inches by seven and one-half (7 1/2) inches unless the trap is completely covered by water.
(d) It is unlawful to use a snare to trap a wild animal, except upon land owned by the user or with the written permission of the landowner. No snare shall be used that permits a circumference greater than fifteen (15) inches.
(e) It is unlawful to disturb the den or house of a mammal protected by sections 11 through 14 of this rule by shooting, digging, cutting, or chipping into the leaf nest, hole, burrow, tree, or den or with the aid of smoke, fire, fumes, chemicals, ferret or other small animal, or any mechanical device introduced into the hole, burrow, tree, or den, where the animal is hidden or sheltered.
(f) It is unlawful to wear or use a device to climb poles or trees for the purpose of dislodging a mammal described in sections 11 through 14 of this rule.
(g) It is unlawful to possess an ax, a saw, or a device to climb poles or trees while in the field or woods at night for the purpose of dislodging a mammal described in sections 11 through 14 of this rule.
(h) It is unlawful to chase or take a furbearing mammal between sundown and sunrise without carrying a continuous shining light which is visible for at least five hundred (500) feet.
(i) It is unlawful to hunt a furbearing mammal from a boat.
Rule 10. Special Licenses, Permits and Standards
310 IAC 3.1-10-4 Game breeder licenses
Authority: IC 14-22-2-6; IC 14-22-20
Affected: IC 14-22
Sec. 4.
(a) An application for a license as a game breeder of one (1) or more species of wild animals shall be made on a departmental form.
(b) An application for a permit under this section must be made within five (5) days after the acquisition of an animal within Indiana or within five (5) days after the importation of an animal into Indiana, but after the cages or other enclosures are readied for habitation. Each cage or enclosure will be inspected by a conservation officer before a permit may be issued.
(c) A license holder may add a species to a game breeder operation other than those identified in the application upon written notification to the division within five (5) days of acquisition of the new species.
(d) Each animal possessed under this section must be lawfully acquired. A receipted invoice, bill of lading, or other satisfactory evidence of lawful acquisition shall be presented for inspection upon the request of a conservation officer. Game or furbearing mammals or game birds, other than wild turkeys, lawfully taken in season may be retained alive after the close of the season.
(e) A wild animal must be confined in a cage or other enclosure which makes escape of the animal unlikely. The cage or enclosure shall be large enough to provide the wild animal with ample space for exercise and to avoid overcrowding. Rainproof dens, nest boxes, shelters, shade, and bedding shall be provided as required for the comfort of the particular species of animal. Each animal shall be handled in a sanitary and humane manner. The cages or other enclosures must be made available upon request for inspection by a conservation officer.
(f) A diseased wild animal possessed under this section shall not be released in the wild.
(g) A game breeder shall record on a bill of sale or other suitable record a transaction by which a wild animal is sold, traded, or given to another person. A copy of the record shall be kept on the premises of the game breeder for at least two (2) years after the transaction and must be presented to a conservation officer upon request.
Rule 11. Wild Animal Possession Permits
310 IAC 3.1-11-1 Application of rule governing the possession of wild animals
Authority: IC 14-11-4-5; IC 14-11-4-9; IC 14-22-26
Affected: IC 14-11-4; IC 14-22
Sec. 1.
(a) Except as provided in IC 14-2-7-21(d) or as exempted under subsections (d) and (e), a person must have a permit issued by the department under this section to possess a wild animal if the wild animal is either of the following:
(1) Referenced in this rule.
(2) Listed in this article as an endangered species or a threatened species.
(b) A separate permit is required for each individual wild animal and applies only to the location stated in the permit.
(c) A permit issued under this rule expires one (1) year from the date of issuance. If a timely and sufficient application is made for a permit renewal under section 3 of this rule, however, the permit does not expire until the department has entered a final determination with respect to the renewal application.
(d) A wild animal which is possessed under any of the following licenses is exempted from this rule:
(1) A game breeder license issued under 310 IAC 3.1-10-4.
(2) A scientific collector permit issued under 310 IAC 3.1-10-6.
(3) A mammal or bird rehabilitation permit issued under 310 IAC 3.1-10-9.
(e) This rule does not apply to the lawful taking or possessing of a wild animal as follows:
(1) During a season established under this article.
(2) During the first six (6) months from the date of birth, if the animal is the offspring of a wild animal lawfully possessed under this rule.
(3) By zoos, carnivals, menageries, animal dealers, pet shops, circuses, or nature centers licensed under 9 CFR, Chapter 1, Subchapter A, Parts I, II, Ill, and IV.
(4) During the interstate shipment of animals through the state of Indiana.
(5) As authorized by a permit issued by the U.S. Department of the Interior.
(f) A person who possesses a wild animal is responsible for complying with all applicable requirements of this rule, including those which govern permit renewals and permit site relocations.
(g) A person who possesses a wild animal for which a permit is required under this rule, but who does not possess a permit, is subject to the standards, requirements, and sanctions of this rule.
310 IAC 3.1-11-2 First permit to possess a wild animal
Authority: IC 14-22-26
Affected: IC 14-11-4; IC 14-22
Sec. 2.
(a) This section governs the first permit under this rule to possess a particular wild animal.
(b) A person who possesses a wild animal, described as Class I or Class II under section 5 of this rule, must apply to the department for a permit under this rule within five (5) days after acquiring the animal.
(c) A person who wishes to possess a wild animal, described as Class III, must satisfy IC 14-3-18 and 310 IAC 0.6-3 and receive a permit issued under this rule before the person takes possession of the animal. In addition to the requirements of 310 IAC 0.6-3-2(e), a notice under this subsection must also describe the following:
(1) The species of the wild animal.
(2) Where the animal will be possessed.
(3) The type of enclosure which would be used.
(d) A permit application must include a written verification from a licensed veterinarian that the animal appears to be free of disease, appropriately immunized, and in good health.
(e) An application must present a plan for the quick and safe recapture of the wild animal if the animal escapes or, if recapture is impracticable, for the destruction of the animal. After notification by the department of an intention to issue a permit, but before the permit is issued, the applicant must obtain the equipment needed to carry out the recapture and destruction plan. The nature and extent of the recapture plan and the equipment needed are dependent on the danger the escaped animal poses to persons, domestic animals, livestock, and other wildlife in the vicinity of the escape.
(f) A permit to possess a Class III wild animal shall require the permit holder to notify the department immediately after the discovery of any escape of the animal.
(g) A permit application must be completed on a department form and accompanied by a fee in the amount of ten dollars ($10).
(h) A conservation officer will inspect the cages or enclosures after the application is received.
(i) An application must show the wild animal was lawfully acquired. A receipted invoice, bill of lading, or other evidence approved by the director shall accompany the application to establish compliance with this subsection.
310 IAC 3.1-11-3 Renewal permit to possess a wild animal
Authority: IC 14-22-26
Affected: IC 14-22
Sec. 3.
(a) This section governs a renewal permit to possess a wild animal where a permit was previously issued for the same wild animal at the same site under section 2 of this rule.
(b) A person who wishes to continue in possession of a wild animal after the expiration date in the permit must file an application for a renewal permit within thirty (30) days of the expiration date.
(c) An application for a renewal permit must be accompanied by a written verification by a veterinarian which states the wild animal:
(1) was observed at least once during the prior year or more frequently if necessary to provide adequate veterinarian care. Frequency of the visits is determined by the attending veterinarian, not the facility.
(2) was properly immunized; and
(3) appears to have been properly cared for in the following other areas of animal husbandry:
(A) Appropriate facilities, personnel and equipment for pest control, sanitation, quarantine, capture and restraint, and medical observation.
(B) Appropriate handling, tranquilization, and euthanasia was provided under veterinarian guidance.
(C) Nutrition and diets.
(d) A renewal permit application must be completed on a department form and accompanied by a fee in the amount of ten dollars ($10).
(e) A conservation officer may reinspect the cages or enclosures at any time. The conservation officer shall attempt to give a permittee twenty-four (24) hours notice prior to the reinspection, but, if the officer is unsuccessful in contacting the permittee, he may proceed with the scheduled inspection without making any further attempts to notify anyone. No notice is necessary if the officer has reasons to believe the health and safety of the animal is in danger if there is a delay. The conditions observed by the conservation officer during a reinspection will be considered in determining whether to renew a permit.
310 IAC 3.1-11-4 Permit to possess a relocated wild animal
Authority: IC 14-22-26
Affected: IC 14-11-4; IC 14-22
Sec. 4.
(a) This section governs a permit to possess a wild animal if a permittee under section 2 or 3 of this rule wishes to relocate the animal.
(b) For a permit to possess a Class III wild animal, the permittee must satisfy IC 14-3-18 and 310 IAC 0.6-3 before the department may issue a permit to possess the animal at a new location. In addition to the requirements of 310 IAC 0.6-3-2(e), a notice under this subsection must also describe the following:
(1) The species of the wild animal.
(2) Where the animal will be possessed.
(3) The type of enclosure which would be used.
(c) A new written verification from a veterinarian is not required under this section.
310 IAC 3.1-11-5 Classifications of wild animals which require a permit under IC 14-2-7-21
Authority: IC 14-22-26
Affected: IC 14-22
Sec. 5.
The following classifications apply to a wild animal for which a permit for possession is required under IC 14-2-7-21 and this rule:
(1) Class I includes any wild animal which, because of its nature, habits, or status, is not a threat to personal or public safety.
(2) Class II includes any wild animal which, because of its nature, habits, or status, may pose a threat to human safety.
(3) Class III includes any wild animal which presents a real or potential threat to human safety.
310 IAC 3.1-11-7 Class II wild animals for which a permit is required
Authority: IC 14-22-26
Affected: IC 14-22
Sec. 7.
A permit is required under this rule for the following Class II wild animals:
(1) Beaver (Castor canadensis).
(2) Coyote (Castor latrans).
(3) Gray fox (Urocyon cinereoargenteus).
(4) Red fox (Vulpes fulva).
(5) Mink (Mustela vison).
(6) Muskrat (Ondatra zibethicus).
(7) Opossum (Didelphis marsupialis).
(8) Raccoon (Procyon lotor).
(9) Skunk (Mephitis mephitis).
(10) Weasel (Mustela frenata, Mustela nivalis, and Mustela rixosa).
310 IAC 3.1-11-8 Class III wild animals for which a permit is required
Authority: IC 14-22-26
Affected: IC 14-22
Sec. 8.
A permit is required under this rule for the following Class III wild animals:
(1) Wolves which are purebred.
(2) Bears (all species).
(3) Wild cats (all species), excluding feral cats.
310 IAC 3.1-11-9 Classification of endangered species or threatened species
Authority: IC 14-22-26
Affected: IC 14-22
Sec. 9.
If an application is submitted under this rule to possess a wild animal which is an endangered species or a threatened species, but the animal is not identified in sections 6 through 8 or this rule, the division shall identify the wild animal as being within Class I, Class II, or Class III before a permit is issued
310 IAC 3.1-11-10 Confining and enclosing wild animals
Authority: IC 14-22-26
Affected: IC 14-22
Sec. 10.
(a) This section establishes general requirements for confining or otherwise enclosing a wild animal which must be demonstrated in a permit application under this rule. A person who holds a license must maintain compliance with this section while in possession of the wild animal.
(b) All wild animals must have a designated primary enclosure.
(c) All wild animals shall be kept in cages or enclosures or shall be housed in buildings. Walls and restraints affixed to windows, doors, and other means of entry or exit must be as strong as what is prescribed in section 13 of this rule for cage construction.
(d) All cages shall be well braced and, when necessary, securely fastened to the floor or ground and shall utilize metal clamps, ties, welds, or braces of equivalent strength as that prescribed for cage construction.
(e) The cage or enclosure required for a Class III wild animal must also be surrounded by a perimeter chain link fence which is at least six (6) feet high. Fencing material which is equal in strength and durability to chain link may be substituted.
(f) A wild animal must not be chained or tethered, except under the following conditions:
(1) During training sessions. During these sessions, the wild animal must be under the direct supervision of the permittee or an employee of the permittee. Training may take place only within the perimeter fence, not in public view, and while under strict control of the handler.
(2) During an emergency.
(3) While repairs are being made to the cage.
(g) A Class III wild animal must have secondary housing, for example, a den, shift cage, or transport crate, in which the animal can be secured. The secondary housing must be as strong as what is required for cage construction. The animal may be housed in secondary housing for a set period of time upon the written instructions of a licensed veterinarian.
(h) A modification from the general cage requirements may be granted to the permit applicant upon a written finding by the director that the overall welfare of the animal would be maintained if the modification were implemented.
310 IAC 3.1-11-11 General housing requirements and specifications
Authority: IC 14-22-26 Affected: IC 14-22 Sec. 11.
(a) This section provides general housing requirements and specifications which apply to an animal possessed under this rule.
(b) Unless otherwise specified in the license, a cage or enclosure must be completely enclosed.
(c) Wild animals which are compatible with one another may be held in the same enclosure if the required floor space is provided.
(d) Common walls between animals which are not compatible must be constructed so the animals cannot gain access to each other.
(e) All mammals must have a den or nest box.
(f) Dens shall be large enough to ensure that each animal contained therein has sufficient space to turn about freely and to make normal postural adjustments.
(g) If sunlight is likely to cause overheating or discomfort to an animal, sufficient shade shall be provided to protect any animal kept outdoors from direct sunlight.
(h) If the ambient air temperature falls below that needed for good health of the animal, an artificial heat source must be provided that is sufficient to maintain the required ambient air temperature.
(i) If a pool of water is required or used, the floor space occupied by the pool is in addition to the required minimum floor space, unless otherwise specified in the license.
(j) Night quarters, holding pens, and nesting boxes may not be used as primary housing.
(k) All chain link or welded wire edges shall be smoothly secured to prevent injury to the animals.
(l) If a cage is required to be constructed of mesh, unless otherwise specified, the mesh shall be made from welded or woven steel wire or an equivalent material. The floor of such a cage need not be constructed of mesh. Any equivalent strength material may be used.
(m) An enclosure must be provided with sufficient drainage to prevent standing water from accumulating.
(n) If a concrete floor is specified in a license, either wood plank flooring or a natural substrate may be used to cover the concrete.
310 IAC 3.1-11-12 Minimum pen, cage, or enclosure size requirements for designated wild animals
Authority: IC 14-22-26
Affected: IC 14-22
Sec. 12.
(a) Enclosures shall be constructed and maintained so as to provide sufficient space to allow each animal to make normal postural and social adjustments with adequate freedom of movement. Inadequate space may be indicated by evidence of malnutrition, poor condition, debility, stress, or abnormal behavior patterns.
(b) The requirements set forth in subsection (a) are subordinate to any requirements contained elsewhere in this rule or in the license.
310 IAC 3.1-11-13 Confining, enclosing, and housing for particular wild animals
Authority: IC 14-22-26
Affected: IC 14-22
Sec. 13.
(a) This section sets standards for confining, enclosing, and housing particular kinds of wild animals which must be satisfied by a person licensed under this rule.
(e) Coyotes must be provided with the following:
(1) A sheltered retreat and either a den or an elevated wood platform.
(2) A cage floor shall have a three (3) foot barrier or apron around the inside of the cage. The barrier shall be constructed of one (1) inch by two (2) inch maximum mesh. The mesh shall be made from nonrusting, galvanized welded steel or an equivalent material.
(3) The walls, roof, and floor of the cage shall be constructed of one (1) inch by two (2) inch maximum mesh.
(m) Wolves must be provided with the following:
(1) A sheltered retreat and either a den or an elevated wood platform.
(2) The walls, roof, and floor of the cage shall be constructed of not less than eleven and one-half (11 1/2) gauge steel chain link with a two and one-half (2 1/2) inch maximum mesh or the equivalent.
(3) A three (3) foot incline at the top of an eight (8) foot wall may be substituted for a full roof. The height of the fence is measured to the top of the incline. The incline must be forty-five (45) degrees.
310 IAC 3.1-11-14 Maintaining a wild animal possessed under this rule
Authority: IC 14-22-26
Affected: IC 14-22
Sec. 14.
(a) A person must not maintain a wild animal in a manner which does any of the following:
(1) Poses a hazard to public safety.
(2) Poses a hazard to property of a person other than the permittee.
(3) Harms the health of the wild animal.
(4) Violates this article or the license under which the animal is possessed.
(b) A person must not possess a wild animal in a condition which is any of the following:
(1) Unsafe.
(2) Unsanitary.
(3) Constitutes maltreatment or neglect of the animal.
(4) Allows the escape of the animal.
(c) A person must not use a wild animal in any of the following manners:
(1) For a commercial purpose, unless the person is issued a commercial license by the United States Department of Agriculture.
(2) For a sporting purpose.
(3) As a public display.
(d) If a Class II or Class III wild animal is used for an educational purpose, the animal must be confined in a cage that prevents contact with the public.
(e) A wild animal must be provided with fresh drinking water in clean containers on a daily basis.
(f) A swimming pool or wading pool, which is provided for the use of a wild animal, must be cleaned as needed to maintain good water quality.
(g) Surface water must be adequately drained from a cage or enclosure where a wild animal is possessed.
(h) A wild animal must be provided with food which is each of the following:
(1) Unspoiled.
(2) Uncontaminated.
(3) Appropriate to the dietary needs of the animal.
(i) Fecal wastes and food wastes must be removed daily from cages and stored or disposed to prevent noxious odors and insect pests. Hard floors shall be scrubbed and disinfected weekly. Large pens and paddocks with dirt floors shall be raked at least once every three (3) days and the waste removed.
310 IAC 3.1-11-15 License revocation, seizure of a wild animal, reimbursement for expenses, and escaped wild animals
Authority: IC 14-22-26
Affected: IC 4-21.5-3-8; IC 4-21.5-4; IC 14-22
Sec. 15.
(a) The department may revoke a permit issued under this rule because of a failure of the permittee to comply with IC 14-2, this article, or a term of the permit. A proceeding under this subsection is subject to IC 4-21.5-3-8.
(b) The department may restrict or suspend a license under IC 4-21.5-4 if:
(1) an emergency exists with respect to the safety of the public or the health of the animal; or
(2) the director believes an emergency exists under IC 14-2-7-21(e)(2).
(c) The department may seize a wild animal where:
(1) an emergency exists under subsection (b); or
(2) a final order has been made by the commission to:
(A) revoke a permit issued under this section;
(B) confiscate the wild animal; and
(C) provide for its final disposition.
(d) The owner of a wild animal seized under this section is liable for the costs incurred by the department in seizing and holding the animal and for the proceedings under this section. A final order by the commission under subsection (c)(2) shall include a determination of those costs.
(e) The department may destroy a wild animal where the wild animal has escaped and poses an immediate threat to the safety of the public.
ARTICLE 0.6 ADJUDICATIVE PROCEEDINGS
Rule 1. Procedural Rules
310 IAC 0.6-1-13 Awards of litigation expenses for specified proceedings of the department of natural resources
Authority: IC 14-10-2-4; IC 14-22-2-6; IC 14-22-26-5; IC 14-24-11-5; IC 44-34-15-10; IC 14-37-13-7
Affected: IC 14-22-26-5; IC 14-24-11-5; IC 14-34-15-10; IC 14-37-13-7
Sec. 13.
(a) This section governs an award of costs and expenses reasonably incurred, including attorney fees, under IC 13-4.1-11-9, IC 13-8-15-7, IC 14-2-7-21, or IC 14-7-11-5.
(b) Except as otherwise provided in this subsection, no award for costs and expenses, including attorney fees, shall be entered under IC 13-8-15-7, IC 14-2-7-21, or IC 14-7-11-5 unless there is a finding that the person against whom the award is made acted for the purpose of harassing or embarrassing an opposing party. The department may obtain an award for reasonable expenses incurred to seize and hold an animal under IC 14-2-7-21(f), without a showing of harassment or embarrassment, if the department prevails in a proceeding to seize the animal or to suspend or revoke a permit under IC 14-2-7-21.
(c) Costs and expenses may be awarded from the department to any person, other than a permittee or the permittee's authorized representative, who initiates or participates in any proceeding under IC 13-8-15-7, and who prevails in whole or in part, achieving at least some degree of success on the merits, upon a finding that such person made a substantial contribution to a full and fair determination of the issues.
(d) Appropriate costs and expenses, including attorney fees, may be awarded under IC 13-4.1-11-9 only as follows:
(1) To any person from the permittee, if the person initiates or participates in an administrative proceeding reviewing enforcement and a finding is made by the administrative law judge or the commission that:
(A) a violation of IC 13-4.1, 310 IAC 12, or permit has occurred or that an imminent hazard existed; and
(B) the person made a substantial contribution to the full and fair determination of the issues. However, a contribution of a person who did not initiate a proceeding must be separate and distinct from the contribution made by a person initiating the proceeding.
(2) To a person from the department, other than to a permittee or the permittee's authorized representative, who initiates or participates in a proceeding and who prevails in whole or in part, achieving at least some degree of success on the merits, upon a finding that the person made a substantial contribution to a full and fair determination of the issues.
(3) To a permittee from the department if the permittee demonstrates that the department issued a cessation order, a notice of violation, or an order to show cause why a permit should not be suspended or revoked in bad faith and for the purpose of harassing or embarrassing the permittee.
(4) To a permittee from a person where the permittee demonstrates that the person initiated a proceeding under IC 13-4.1-11 or participated in the proceeding in bad faith for the purpose of harassing or embarrassing the permittee.
(5) To the department where it demonstrates that a person sought administrative review or participated in a proceeding in bad faith and for the purpose of harassing or embarrassing the department.
(e) The commission may order a person requesting a hearing to pay the cost of the court reporter if the person requesting the hearing fails, after proper notice, to appear at the hearing.
(f) In determining what is a reasonable amount of attorney fees under subsection (b), consideration shall be given to the following factors:
(1) The nature and difficulty of the proceeding.
(2) The time, skill, and effort involved.
(3) The fee customarily charged for similar legal services.
(4) The amount involved in the proceeding.
(5) The time limitations imposed by the circumstances.
(6) For a party represented by an attorney who is a full-time, salaried employee of the party, consideration also shall be given to the prorated cost of:
(A) the salary of the attorney and clerical or paralegal employees of the party who assisted the attorney; and
(B) their employee benefits attributable to the time devoted to representation.
(g) A petition for award shall be filed with the director within thirty (30) days of receipt of the final agency action. A party wishing to challenge the petition for an award shall file a written response within fifteen (15) days of service of the petition. If a petition and challenge are filed under this subsection, an administrative law judge shall be appointed to conduct a proceeding under this rule.