312 IAC 9-10-23 - Migratory bird depredation permit
Authority: IC 14-10-2-4; IC 14-22-2-6
Affected: IC 14-22
Sec. 23.
(a) The
director may without fee issue a temporary permit to take a migratory bird 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.
The method and dates of control and disposition of the bird shall be set forth in the permit.
(b) Exempted from this section is a migratory
bird:
(3) that is one (1) of the following,
provided it is not an endangered species:
(A)
Cormorant.
(B) Hawk.
(C) Heron.
(D) Owl.
(E) Vulture.
(F) Woodpecker.
(c) The issuance of a permit under this
section does not relieve an individual from any requirement prescribed by
federal law.
(d) A migratory bird
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 except as authorized in this
section.
(e) A property
owner, lessee, or other person may obtain a permit under this section for the
control of a nuisance migratory bird.
(f) An application for a migratory bird
depredation permit must be completed on a departmental form and filed with the
division of fish and wildlife.
(g)
An individual who does not hold a permit under this section may assist a
permittee, but only if the permittee directly supervises or coordinates the
activities of the unpermitted person. Only individuals named on the permit are
authorized to act as assistants of the permittee.
(h) A copy of the permit must be on the
individual when conducting any activities authorized under this
permit.
(i) A live migratory bird
must be properly handled in an expeditious manner to prevent unnecessary
physical injury to the migratory bird.
(j) Live migratory birds that are taken under
this section must be:
(1) released as
authorized on the permit;
(2)
gifted to a wild animal rehabilitator licensed under section 9 of this
rule;
(3) gifted to a falconer
licensed under section 13.1 of this rule; or
(4) euthanized in accordance with 50 CFR 21
and the conditions on the permit.
(k) Carcasses of migratory birds that are
euthanized under this permit must be:
(1)
buried;
(2) incinerated on private
property with prior permission of the landowner;
(3) given to a veterinarian for proper
disposal;
(4) given to a landfill
for proper disposal;
(5) donated to
a properly licensed university or other educational or scientific institution
that has a special purpose salvage permit issued under section 13.5 of this
rule;
(6) retained or donated for
no compensation of any kind; or
(7)
as otherwise authorized on the permit.
(l) The following methods may be used to take
a migratory bird under this section:
(1)
Firearms if possessed and used in compliance with all applicable state, local,
and federal firearm laws.
(2)
Traps, including bal-chatri and other traps that are specified on the
permit.
(3) Any other methods
specified by the permit.
(m) Traps must be checked at least once every
twenty-four (24) hours, and any bird caught in a trap must be removed from that
trap within twelve (12) hours from notice to the permit holder of a bird caught
in the trap.
(n) The following
restrictions apply to the treatment of a bird captured live under this permit:
(1) The bird 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) A bird 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 a bird is
captured, killed, or released on any property.
(o) A permit expires on March 31 of the year
following the date of issuance unless otherwise specified on the
permit.
(p) The permit holder must
maintain a current record to include the following:
(1) The name and address of the landowner
assisted (if applicable).
(2) The
date the bird was taken.
(3) The
number and species of birds affected.
(4) The method of disposition.
A copy of the records shall be kept on the premises of the permittee for at least two (2) years after the date the bird was taken and must be presented to a conservation officer upon request.
(q) The permit holder shall provide an annual
report to the division by April 30 of each year following the date of issuance.
The report shall list the following:
(1) The:
(A) number; and
(B) species; of birds taken.
(2) The method and location of
disposition.
(r) A
permittee must file an application by April 30 of each year in order to renew a
permit. The annual report required under subsection (q) must accompany the
renewal application.
(s) 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.
(t) A conservation officer may inspect any
equipment, birds, and any records relative to a permit issued under this
section at any reasonable hour.
Notes
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