312 IAC 9-10-11 - Nuisance wild animal control permit
Authority: IC 14-10-2-4; IC 14-22-2-6
Affected: IC 14-22
Sec. 11.
(a) The
director may, without fee, issue a temporary permit to control a nuisance wild
animal that is:
(1) causing damage or
threatening to cause damage to property; or
(2) posing a health or safety threat to
persons or domestic animals.
If it is a black bear, there must be a known (confirmed), immediate safety risk to persons or domestic animals. The method and dates of control and disposition of the animal shall be set forth in the permit.
(b) A live wild animal
taken under this section shall not be:
(1)
possessed for more than forty-eight (48) hours;
(2) sold;
(3) traded;
(4) bartered; or
(5) gifted.
(c) A property owner or lessee may obtain a
permit under this section for the control of a nuisance wild animal.
(d) A person who charges a fee or provides a
service to the public for nuisance wild animal control services must obtain a
permit under this subsection to assist a property owner or lessee with the
control of a nuisance wild animal. The following testing requirements apply:
(1) A permit applicant must correctly answer
at least eighty percent (80%) of the questions on a written examination of
basic knowledge supervised and administered by the division of fish and
wildlife.
(2) A permittee who has
satisfied subdivision (1) must, within four (4) years of being issued the
permit and every four (4) years thereafter, either:
(A) satisfy the same requirements as are set
forth in subdivision (1) on another examination; or
(B) complete sixteen (16) hours of continuing
education as approved by the division.
(3) A person who fails an examination under
this section may retake the examination one (1) additional time within
forty-five (45) days, but not again within one hundred eighty (180) days after
a second failure.
(4) A person who
has had a permit under this section for twenty-five (25) years is exempt from
the requirements in subdivision (2).
(e) An application for a nuisance wild animal
control permit must be completed on a departmental form and filed with the
division of fish and wildlife.
(f)
An individual who does not hold a permit under subsection (d) may assist a
permittee, but only if the permittee directly supervises or coordinates the
activities of the unpermitted person. A copy of the permit must be on the
person when conducting any authorized activities.
(g) A captive animal must be properly handled
in an expeditious manner to prevent unnecessary physical injury.
(h) The following methods may be used to take
a wild animal under this section:
(1)
Firearms, if possessed and used in compliance with all applicable state, local,
and federal firearm laws.
(2) Steel
and live traps, except as follows:
(A) A
foothold trap that possesses saw-toothed or spiked jaws.
(B) A foothold trap that:
(i) has the widest inside jaw spread
perpendicular to the trap's baseplate (Figure 1) greater than or equal to five
and three-quarters (5 3/4) inches and the inside width between the trap's hinge
posts (Figure 2) greater than or equal to five and three-quarters (5 3/4)
inches unless the jaws of the trap have at least a one-eighth (1/8) inch offset
(Figure 3), the gap of the offset is filled with securely attached rubber pads,
or the trap is completely covered by water. The hinge posts must be maintained
at a ninety (90) degree angle to the trap's baseplate (Figures 4 and 5);
and
(ii) has an inside jaw spread
perpendicular to the trap's baseplate greater than six and one-half (6 1/2)
inches and the inside width between the trap's hinge posts greater than six and
one-half (6 1/2) inches and set on land.
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(C) A ConibearT, DahlgrenT, BigelowT, or
similar body-gripping trap that has the widest vertical inside jaw spread
measured at the horizontal center of the trap's jaws and the widest horizontal
inside jaw spread measured at the vertical center of the trap's jaws is larger
than eight (8) inches unless at least fifty percent (50%) of the opening of the
trap when set is submerged in water.
(D) As used in this subsection, "offset jaws"
means the jaws of a leg-hold trap in which the holding area of the jaws is
separated by a gap or offset (specified measurement) when the trap is closed
(not in the set position). The gap or offset must extend at least eighty
percent (80%) of the holding area of the trap's jaws.
(3) Snares with a circumference not greater
than fifteen (15) inches unless:
(A) at least
fifty percent (50%) of the loop of the snare is covered by water; or
(B) the snare employs a relaxing snare lock
(a lock that will allow the snare's loop size to increase once pulling tension
is no longer exerted along the snare from its anchored end).
(4) Any other methods specified by
the permit.
(i) All
traps, including snares, must be checked at least once every twenty-four (24)
hours, and any animal caught in a trap or snare must be removed from that trap
or snare within twelve (12) hours from notice to the permit holder of an animal
caught in the trap or snare.
(j)
The following restrictions apply to the treatment of an animal captured live
under this permit:
(1) When on-site release is
not the best viable option, the animal must be:
(A) released in the county of capture with
prior consent from the landowner or landowner's agent;
(B) euthanized; or
(C) treated as otherwise authorized in the
permit.
(2) An animal
must be euthanized with the:
(A)
safest;
(B) quickest; and
(C) most painless; available method as
recommended and approved by the division of fish and wildlife.
(3) Prior consent is required from
the:
(A) landowner; or
(B) landowner's agent; before an animal is
released on any property.
(4) Notwithstanding subdivision (1), an
attempt must be made to first capture and relocate an endangered species into
the appropriate habitat. If not feasible or possible, then an endangered
species may be euthanized only with written authorization by the division of
fish and wildlife.
(5) The carcass
of a bear taken under this permit must be given to the department within seven
(7) business days of taking the bear.
(6) A permit holder must notify the division
of fish and wildlife within twenty-four (24) hours of the taking of more than
five (5) individual bats from any one (1) site/structure from June 1 through
July 31.
(k) A permit
expires on December 31 of the year the permit is issued. The permittee must
maintain a current record to include the following:
(1) The name and address of the landowner
assisted.
(2) The date assistance
was provided.
(3) The number and
species of animals affected.
(4)
The method of disposition.
(5) The
name and address of the landowner where each animal was released (if
applicable).
A copy of the records shall be kept on the premises of the permittee for at least two (2) years after the transaction and must be presented to a conservation officer upon request.
(l) A permittee must file an application by
January 31 of each year in order to renew a permit. The annual report required
under subsection (m) must accompany the renewal application.
(m) The permit holder shall provide an annual
report to the division by January 31 of each year. The report shall list the
following:
(1) The:
(A) number; and
(B) species; of animals taken.
(2) The county where the animal
was captured.
(3) The method of
disposition.
(4) The name and
address of the landowner, including county, where each animal was released (if
applicable).
(n) A permit
issued under this section may be suspended or revoked if the permittee does the
following:
(1) Fails to comply with any of the
following:
(A) IC 14-22.
(B) This article.
(C) A term of the permit.
(2) Provides false information to
obtain a permit under this section.
(3) Uses or employs any:
(A) deception;
(B) false pretense; or
(C) false promise; to cause a consumer to
enter into an agreement for the removal of a nuisance wild animal.
(o) No permit shall be
issued under this section:
(1) for the control
of a migratory bird, except a mute swan; or
(2) if granting the permit would violate a
federal law.
(p) Except
as authorized in subsection (q), the hide, carcass, or other part or portion of
a wild animal taken under this section shall not be:
(1) sold;
(2) traded;
(3) bartered; or
(4) gifted, except if gifted with no
compensation of any kind to:
(A) an accredited
scientific or educational institution with a special purpose salvage permit
issued under section 13.5 of this rule; or
(B) the department;
if tagged with the permit holder's name and address, signature of the person who took the animal, and date the animal was taken.
(q) The meat of a wild animal taken under
this section may be retained or gifted to another person for personal
consumption if tagged with the permit holder's name and address, signature of
the person who took the animal, and date the animal was taken.
(r) A permit holder must obtain permission
from the landowner or tenant prior to setting a trap, snare, or other device or
capturing a wild animal on that landowner or tenant's property.
(s) A conservation officer may inspect the
equipment, wild animals, and any records relative to a permit issued under this
section at any reasonable hour.
Notes
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