Authority: IC 14-10-2-4; IC 14-22-2-6; IC 14-22-20
Affected: IC 4-21.5; IC 14-22
Sec. 4.
(a) A person
shall apply for a license as a game breeder on a departmental form.
(b) A license holder under this section may
possess one (1) or more of the following:
(1)
Ring-necked pheasant (Phasianus colchicus).
(2) Bobwhite quail (Colinus
virginianus).
(3) Eastern
cottontail rabbit (Sylvilagus floridanus).
(4) Gray squirrel (Sciurus
carolinensis).
(5) Fox squirrel
(Sciurus niger).
(6) Beaver (Castor
canadensis).
(7) Coyote (Canis
latrans).
(8) Gray fox (Urocyon
cinereoargenteus).
(9) Red fox
(Vulpes vulpes).
(10) Mink (Mustela
vison).
(11) Muskrat (Ondatra
zibethicus).
(12) Opossum
(Didelphis marsupialis).
(13)
Raccoon (Procyon lotor).
(14)
Striped skunk (Mephitis mephitis).
(15) Long-tailed weasel (Mustela
frenata).
(16) Least weasel
(Mustela nivalis or Mustela rixosa).
(c) A license holder under subsection (a) may
lawfully acquire and possess the following:
(1) Furbearing mammals and eastern cottontail
rabbits that must have been one (1) of the following:
(A) Lawfully taken in season.
(B) Born in captivity.
(2) Fox squirrels and gray squirrels that
have been born in captivity.
(3)
Ring-necked pheasants and bobwhite quail that have been hatched in
captivity.
(d) A license
holder under subsection (a) may possess the following:
(1) Furbearing mammals, squirrels, and
eastern cottontail rabbits for breeding purposes under IC 14-22-20.
(2) Ring-necked pheasants and bobwhite quail
for:
(A) breeding purposes;
(B) food; or
(C) release.
(e) A person must apply for a license under
this section:
(1) within five (5) days after
the acquisition of an animal within Indiana;
(2) within five (5) days after the
importation of an animal into Indiana; or
(3) if it is a raccoon, red fox, gray fox, or
coyote and obtained within the trapping season for that species of animal,
within five (5) days of the close of the season for that species.
Each enclosure for these animals must be inspected by a
conservation officer before a license may be issued.
(f) A license holder under this
section may add a species other than those identified in the application upon:
(1) an inspection by a conservation officer;
or
(2) approval by the division of
fish and wildlife.
A conservation officer must be notified within five (5) days
of acquisition of the new species.
(g) A license holder under this section who
imports:
(1) any live animal under this
license; or
(2) the eggs of birds
covered under this license;
must secure a certificate of veterinary inspection from an
accredited veterinarian in the state of origin or certificate of compliance as
specified at
345 IAC
1-3-24 before the animal or egg is shipped into
Indiana. Documentation in the form of a copy of a valid game breeder license or
valid dated receipt that establishes lawful acquisition or ownership must
accompany any transportation of wild animals.
(h) A license holder under this section must
present at least one (1) of the following for inspection upon the request of a
conservation officer for each animal possessed:
(1) A receipt.
(2) An invoice.
(3) Other satisfactory evidence of lawful
acquisition, including documentation of natural birth.
(i) For ring-necked pheasants, bobwhite
quail, furbearing mammals, eastern cottontail rabbits, fox squirrels, and gray
squirrels, the following requirements apply:
(1) A wild animal must be confined in a cage
or other enclosure that:
(A) makes escape of
the animal unlikely; and
(B)
prevents the entrance of a free-roaming animal of the same species.
(2) The cage or enclosure shall be
large enough to:
(A) allow the wild animal to
turn about freely; and
(B) make
normal postural adjustments.
(3) All chainlink or welded wire edges shall
be:
(A) smoothly secured to prevent injury to
the animals; and
(B) kept properly
repaired.
(4) Night
quarters, holding pens, and nesting boxes may not be used as primary
housing.
(5) The following shall be
provided as required for the comfort of the particular species of animal:
(A) Fresh water.
(B) Rainproof dens.
(C) Nest boxes.
(D) Windbreaks.
(E) Shelters.
(F) Shade.
(G) Bedding.
(6) Each animal shall be handled, housed, and
transported in a sanitary and humane manner.
(7) An enclosure must be provided with
sufficient drainage to prevent standing water from accumulating.
(8) The cages or other enclosures must be
made available upon request for inspection by a conservation officer.
(j) An animal possessed under this
section may be administered a pharmaceutical product in accordance with state
and federal laws and approved by a state or federal agency for the purpose of
prevention or treatment of any of the following:
(1) Malnutrition.
(2) Illness.
(3) Disease.
(4) Injury.
(5) Stress.
A licensed veterinarian may administer to an animal an
immobilizing agent, tranquilizer, or drug for euthanasia in compliance with all
state and federal laws.
(k) A license holder under this section shall
not release animals possessed under this section except for bobwhite quail and
ring-necked pheasants. A license holder under this section shall not release
known diseased bobwhite quail and ring-necked pheasants.
(l) A license holder under this section must
not sell an animal possessed under this section if the animal is known to be
diseased.
(m) A license holder
under this section must comply with all applicable state, local, or other
federal laws that govern the possession and sale of the animals possessed under
this section.
(n) A license holder
under this section shall do the following:
(1)
Maintain an inventory of all wild animals possessed under this
section.
(2) Record all additions
and deletions to the inventory for every wild animal that is:
(A) born or has died;
(B) sold;
(C) traded;
(D) loaned;
(E) bartered; or
(F) given to another person;
on a signed departmental form or computerized record with a
signature that is either electronic or in ink. If recorded on a departmental
form, the person must complete the form in ink.
(3) Keep a copy of the complete and accurate
inventory on the premises of the game breeder.
(4) Provide a copy of the inventory to a
conservation officer upon request.
(5) Issue a valid, dated receipt prepared in
ink for all animals or their products that are sold, traded, bartered, or
gifted and include the following information:
(A) Game breeder license number.
(B) Buyer and seller name and
address.
(C) Number of animals or
products sold.
(D) Species of
animal sold.
A copy of all of the receipts issued must be on the premises
of the game breeder for at least five (5) years after the year of the
transaction.
(o) A license expires on December 31 of the
year the license is issued. The license holder must file an application with
the division by January 31 of each year in order to renew the license. The
annual report must accompany the renewal application and shall include for each
species possessed under this license the number:
(1) bought;
(2) sold;
(3) born;
(4) traded;
(5) gifted;
(6) of deaths; and
(7) on hand.
(p) A conservation officer may enter the
premises of the license holder at all reasonable hours to conduct an inspection
in accordance with subsections (q) and (r).
(q) During an inspection, the license holder
or the license holder's designee shall comply with both of the following:
(1) Meet the conservation officer at the time
of inspection to provide access to all enclosures where animals possessed under
a license issued under this section are housed.
(2) Provide access to all records relative to
the license issued under this section.
(r) While conducting an inspection, the
conservation officer must comply with the following:
(1) Upon request of the license holder or the
license holder's designee and prior to entering the enclosure where animals are
housed, follow appropriate sanitation practices to prevent the spread of
disease if the license holder provides sanitation supplies or protective
equipment.
(2) Give due
consideration to the safety and welfare of the animals.
(3) Notify the license holder if the
inspection reveals a violation of this section or IC 14-22-20. The conservation
officer may make a second inspection after no sooner than fifteen (15) days
after the reported violations unless critical conditions exist as determined at
the reasonable discretion of the conservation officer. The wild animals may be
confiscated if the license holder fails to correct the violations of the
license requirements.
(s) A license may be suspended, denied, or
revoked under IC 4-21.5 if the license holder fails to comply with any of the
following:
(1) A provision of a license
issued under this section.
(2) IC
14-22-20.
(3) All applicable state,
local, or other federal laws.