Authority: IC 14-10-2-4; IC 14-22-2-6
Affected: IC 4-21.5; IC 14-22
Sec. 9.
(a) This
section governs a permit to possess a wild animal for rehabilitation. The
permit is:
(1) required to temporarily
possess any wild animal that is:
(A) a
mammal;
(B) a bird;
(C) a reptile; or
(D) an amphibian;
for rehabilitation purposes; and
(2) available only to an individual who is a
resident of Indiana.
(b)
An individual may, without a permit, take possession of a sick, injured, or
orphaned wild animal and transport it to an individual with a valid permit
under this section within twenty-four (24) hours.
(c) An application for a permit under this
section shall be completed on a departmental form and must provide the
following:
(1) The applicant has one (1) year
of experience with one (1) of the following types of facilities that works with
the species to be rehabilitated:
(A) A
licensed veterinarian who has a wild animal rehabilitation permit.
(B) A zoological park.
(C) A university animal clinic.
(D) A licensed wild animal rehabilitator who
has had a permit for at least three (3) years.
Documentation of the experience with a licensed veterinarian,
university animal clinic, zoological park, or licensed wild animal
rehabilitator must be submitted with the application.
(2) The name and address of a
veterinarian willing to assist the applicant with the rehabilitation of wild
animals. The veterinarian shall sign the application and attest to having
experience in the care of the species of wild animals to be rehabilitated. If
the applicant is a veterinarian, the signature of another veterinarian is not
required.
(3) A listing of the
wildlife rehabilitation reference books in possession of the applicant. The
individual must have at least one (1) reference book that:
(A) includes information pertaining to each
species listed on the application form; and
(B) is on the list approved by the
department.
(4) The
names, addresses, and telephone numbers of any other individuals who will
assist the applicant.
(5) The
species or type of animals that will be accepted for rehabilitation.
(6) A description of the rehabilitation
facilities, equipment, and supplies. The description shall include the
following:
(A) Cages.
(B) Intensive care units.
(C) Aviaries.
(D) Medical supplies.
(E) Other items to be utilized in the
rehabilitation process.
A cage description shall provide its internal dimensions and
shall specify the materials used for flooring, walls, and perches.
(7) The applicant is at
least eighteen (18) years of age.
(d) Before a permit may be issued, the
applicant must correctly answer at least eighty percent (80%) of the questions
on a written examination supervised and administered by the department covering
basic biology, care of wild animals, and the laws relating to wild animal
rehabilitation as follows:
(1) An individual
who fails to correctly answer at least eighty percent (80%) of the questions on
the examination may retake the examination not more than two (2) additional
times within ninety (90) days, but not again within one hundred eighty (180)
days after the third failure.
(2)
Exempted from this subsection is an individual who has had a permit under this
section for ten (10) years and taken in at least twelve (12) wild animals each
year for rehabilitation.
(e) A permit holder must, every three (3)
years after being issued a permit, either:
(1) satisfy the same requirements as are set
forth in subsection (d) on another examination; or
(2) complete eight (8) hours of continuing
education as approved by the division, including courses that will be sponsored
by the department, National Wildlife Rehabilitator's Association, or
International Wildlife Rehabilitation Council.
A permit holder who is exempt under subsection (d)(2) is also
exempt from the requirements under this subsection.
(f) A conservation officer must
inspect the cages and any other enclosures where wild animals will be housed
before a permit may be issued to a new applicant. A conservation officer may
inspect the enclosures, wild animals, and any records relative to a permit
issued under this section at any reasonable hour.
(g) An amended application or written request
must be filed with the division if there is a change to the address of the
applicant, the name of the assisting veterinarian, the identity of assistants,
or the addition of species of wild animals that was provided in the original
application.
(h) The permit holder
must file an application by January 31 of each year in order to renew the
permit. The annual report required under subsection (m) must accompany the
renewal application. The signature of a veterinarian is not required for a
renewal application.
(i) The
issuance of a permit under this section does not relieve an individual from any
requirement for a federal permit. If the terms of a federal permit and the
permit issued under this section differ, the more restrictive terms
prevail.
(j) Public exhibition or
display of any wild animal possessed pursuant to a permit issued under this
section is prohibited. Only assistants and other individuals dropping off an
animal for rehabilitation at the permit holder's facility may view or have
contact with the wild animal unless specifically authorized in writing by the
department. Electronic viewing and photographs are allowed.
(k) A permit holder must maintain facilities
for the retention of a wild animal possessed under this section in a sanitary
condition as follows and conform with any other conditions specified by the
permit:
(1) Cages must be cleaned daily using
nonirritating methods unless medical treatment necessitates
otherwise.
(2) The permit holder
and any assistants listed on the permit must observe and provide care for wild
animals at least once daily unless otherwise specified by the permit.
(3) Wild animals must be kept in enclosures
and in an environment that minimizes human contact at all times to prevent
imprinting and bonding to humans. The permit holder or designated assistants
should interact with the wild animal only to the extent necessary to provide
adequate care and treatment.
(4)
Wild animals must not be allowed to come into contact with any individuals
other than:
(A) a permit holder;
(B) an assistant listed on a rehabilitation
permit;
(C) a licensed
veterinarian;
(D) an animal control
officer;
(E) a law enforcement
officer; or
(F) an authorized
department employee.
(5)
Wild animals must not be housed in a cage that would allow physical contact of
the animals undergoing rehabilitation with domestic or companion animals or
animals kept under any other license or permit unless authorized in writing by
the department.
(6) If suspected of
having an infectious disease, wild animals must be quarantined in areas
designated for that purpose.
(7)
Wild animals must be kept separated from human living quarters and activities
unless intensive care is required, but unweaned wild animals may be housed in
human living quarters that are away from human activities.
(8) Wild animals must be housed in enclosures
that:
(A) are structurally sound;
(B) are of sufficient strength for the
species involved;
(C) are
maintained in good repair to prevent escape or injury to wild animals being
rehabilitated;
(D) are constructed
to allow sufficient space for individual posture and social movements, unless
medical treatment necessitates restricted mobility;
(E) are secured when unattended;
(F) have protective devices at entrances and
exits to prevent escapes if kept outdoors and if needed to prevent injuries to
human or the animal's health;
(G)
have ambient temperatures that are appropriate for the species located within
the enclosure;
(H) have adequate
ventilation by means of:
(i)
windows;
(ii) doors;
(iii) vents;
(iv) fans; or
(v) air conditioning; to protect wild animal
health and to minimize drafts, odors, and condensation;
(I) maintain adequate lighting by artificial
or natural means that is cycled for appropriate photoperiod, if necessary for
the species in possession; and
(J)
provide adequate shade, weatherproof shelters, nest boxes, perches, and dens to
protect wild animals from inclement weather and direct sun if kept
outdoors.
(9) No exposed
sharp objects, ponds with steeply sloped banks, toxic paints or sealants, or
poisonous vegetation may be used in the construction of enclosures.
(10) Enclosures shall have either visual
barriers or be separated by distance to restrict a wild animal's view of humans
and other species being rehabilitated to reduce inappropriate imprinting,
socialization, habituation, or stress, unless a view of humans and other wild
animals will not affect the animal's ability to survive in the wild.
(11) Wild animals must be fed as follows:
(A) Appropriately and adequately to meet
nutritional needs unless medical treatment necessitates restricted food
intake.
(B) With food that is
palatable, free of contamination, and of sufficient quantity and nutritive
value for the species involved, including the use of supplemental vitamins and
minerals when necessary for recovery.
(C) With food receptacles that are
appropriately sized, easily accessible, and kept sanitary and safe.
(12) Wild animals must be given
water as follows:
(A) Fresh clean water for
drinking shall be provided throughout the day unless medical treatment
necessitates restricted water intake.
(B) Additional water shall be provided for
species requiring bathing, swimming, or misting unless medical treatment
necessitates restricted water exposure.
(C) With water receptacles that are
appropriately sized, easily accessible, kept sanitary as much as possible, and
safe.
(13) Removal and
disposal of wild animal food wastes, feces and urine, and bedding from the
enclosure and premises shall be performed daily to maintain sanitary conditions
and protect wild animal and human health. Trash, garbage, debris, and carcasses
must be removed from the enclosure as soon as they are observed and
appropriately disposed of.
(14)
Cages, rooms, hard surfaced pens, kennels, runs, equipment, and food and water
receptacles shall be sanitized between each adult wild animal use and between
litters to prevent disease transmission.
(l) A permit holder must maintain current
records for each wild animal to include the following:
(1) The species and condition of the
animal.
(2) The name, address, and
telephone number of the donor or other source of the animal.
(3) The date of receipt by the permit
holder.
(4) The treatment provided
to the animal while in captivity, including the identification of and date of
administration of any pharmaceutical product or other chemical to a mammal or
reptile.
(5) The method and date of
disposition of the wild animal.
All records must be maintained at the facility of the permit
holder for a minimum of three (3) years.
(m) The permit holder shall provide a signed
annual report to the division by January 31 of each year. The report shall list
the following:
(1) The species and condition
of each animal.
(2) The date the
animal was received.
(3) The name
and county of the donor or other source.
(4) The method, location, and date of
disposition of the animal.
The report may be a computerized record signed by the permit
holder under oath or affirmation to be a true and accurate account of all wild
animals taken in for rehabilitation during that year or on a form provided by
the department and must be maintained at the facility of the permit holder for
a minimum of three (3) years.
(n) As soon as a wild animal is capable of
fending for itself, the animal must be released into the wild as follows:
(1) The wild animal must be released on land
only with permission of the landowner.
(2) Mammals must be tagged or marked as
directed by the department if given a pharmaceutical product or other chemical
for the purpose of tranquilizing or anesthetizing the mammal unless the product
administered is labeled as safe for human consumption and the mammal is
released after the clearance period.
(3) A bird must be released in the county
from which it was originally found except:
(A) a bird that is being released outside the
breeding season for that species;
(B) a bird that has been in a rehabilitation
facility for ninety (90) calendar days or more;
(C) a bird that is not in the order
Anserifomes, Charadriiformes, Columbiformes, Falconiformes, Galliformes,
Gruiformes, or Strigiformes; or
(D)
a bird that is a juvenile;
may be released in an appropriate habitat in any county that
is within that species' normal range in Indiana.
(4) A reptile or amphibian must be released
at the site where found, unless the origin is unknown. If the origin is
unknown, the reptile or amphibian may be released in an appropriate habitat in
the permit holder's county of residence.
(5) For mammals, the following apply:
(A) A mammal must be released in the county
from which it was originally found or obtained, unless the origin is unknown or
the mammal is a juvenile.
(B) If
the mammal's origin is unknown, the mammal may be released in an appropriate
habitat in the permit holder's county of residence.
(C) If the mammal is a juvenile and was
housed together with other animals of the same species, the group may be
released in appropriate habitat in a county where at least one (1) member of
the group originated.
(D) In
addition to the requirements in subdivisions (1) and (2) and clauses (A)
through (C), raccoons, Virginia opossums, striped skunks, coyotes, and foxes
must be released only as follows or be euthanized:
(i) The release site must consist of at least
two (2) contiguous acres.
(ii) Not
more than eight (8) animals per species may be released per two (2) acres of
any site per calendar year.
(E) In addition to the requirements in
subdivisions (1) and (2) and clauses (A) through (C), white-tailed deer must be
released only as follows or be euthanized:
(i) The release site must consist of at least
five (5) contiguous acres.
(ii) The
release site must be outside city limits.
(iii) Not more than ten (10) white-tailed
deer may be released per site per calendar year.
(o) A permit holder may
keep a nonreleasable wild animal, other than a white-tailed deer, only if
approved by the division of fish and wildlife as follows:
(1) For educational purposes under a special
purpose educational permit under section 9.5 of this rule as follows:
(A) For mammals other than white-tailed deer,
as follows:
(i) A wild animal possession
permit must be obtained under 312 IAC
9-11.
(ii) Not more than three (3) mammals per
species and six (6) mammals total may be possessed if twelve (12) or fewer
total mammal programs are presented to the public each calendar year.
(iii) Not more than five (5) mammals per
species and not more than twenty (20) mammals total may be possessed if
thirteen (13) or more total mammal programs are presented to the public each
calendar year.
(iv) Exceptions to
these numbers may be granted upon prior written approval from the division
based on the number of educational programs presented to the public in the
previous year.
(B) For
birds, as follows:
(i) A special purpose
educational permit must be obtained under section 9.5 of this rule.
(ii) Not more than three (3) birds per
species may be possessed and six (6) birds total if twelve (12) or fewer
programs with each bird are presented to the public each calendar
year.
(iii) Not more than five (5)
birds per species may be possessed and not more than twenty (20) birds total if
thirteen (13) or more bird programs with each bird are presented to the public
each calendar year.
(iv)
Exceptions to these numbers may be granted upon prior written approval from the
division based on the number of educational programs presented to the public in
the previous year.
(C)
For reptiles, as follows:
(i) A turtle
possession permit must be obtained under
312 IAC
9-5-11 to possess an eastern box turtle, and a wild
animal possession permit must be obtained under 312 IAC
9-11 to possess an
endangered species of reptile.
(ii)
Not more than three (3) reptiles per species and six (6) reptiles total may be
possessed if twelve (12) or fewer total reptile programs are presented to the
public each calendar year.
(iii)
Not more than four (4) reptiles per species and not more than twenty (20)
reptiles total may be possessed if thirteen (13) or more total reptile programs
are presented to the public each calendar year.
(iv) Exceptions to these numbers may be
granted upon prior written approval from the division based on the number of
educational programs presented to the public in the previous year.
(2) For fostering other
wild animals only if five (5) mammals or birds of the same species have been
reported in at least the two (2) previous years.
(3) Wild animals that have been used in
educational programs or as foster parents and are no longer capable of being
used in that capacity due to age or health may be kept with written permission
from the division of fish and wildlife.
(4) Wild animals possessed lawfully prior to
July 1, 2010, are exempt from the requirements in this subsection.
(5) Nonreleasable wild animals may be
transferred:
(A) to an individual with a
permit under this section;
(B) to
an individual with a special purpose educational permit under section 9.5 of
this rule;
(C) if the wild animal
is a raptor, to an individual with a falconry license under section 13.1 of
this rule that has had a permit for at least three (3) consecutive
years;
(D) if a migratory bird, to
an individual with a permit or authorization from the United States Fish and
Wildlife Service to possess the bird; or
(E) to a zoo accredited by the Association of
Zoos and Aquariums and licensed or registered with the United States Department
of Agriculture;
for use in fostering or educational programs in accordance
with this subsection.
(6) A determination that a wild animal is
nonreleasable must be based upon a licensed veterinarian's examination and
statement.
(7) As used in this
subsection, "nonreleasable" means a wild animal that:
(A) cannot obtain food on its own in the
wild;
(B) does not exhibit
locomotive skills necessary for that species to survive;
(C) does not possess adequate vision to find
or catch, or both, food and maneuver in a normal manner; or
(D) cannot otherwise fend for itself without
medical care due to disease or extensive injuries.
(p) An individual who
does not hold a permit under this section but is listed as an assistant on a
permit issued under this section may assist a permit holder, but only if the
permit holder supervises the individual as follows:
(1) An assistant must be at least sixteen
(16) years of age to provide assistance at the permit holder's
facility.
(2) An assistant under
eighteen (18) years of age must be under the direct and on-site supervision of
the permit holder.
(3) An assistant
of eighteen (18) years of age or older may provide assistance at the permit
holder's facility or as follows:
(A) With
written authorization, an assistant listed on the permit may possess a wild
animal under this section at a location not authorized on the permit for not
more than thirty (30) consecutive days unless authorized by the
department.
(B) The permit holder
maintains responsibility for the care of the wild animal.
(C) The permit holder provides supervision
with written instructions and is available for phone contact with the assistant
at all times.
(D) The facilities of
the assistant meet the same facility standards as the permit holder.
(E) The wild animal possessed by an assistant
is returned to the permit holder at the time of weaning or release, whichever
comes first.
(q) A permit holder may possess a wild animal
for rehabilitation under this section for one hundred eighty (180) days except
as follows:
(1) Exceptions may be approved by
the department, but additional time will not be authorized for the sole purpose
of releasing the wild animal outside the hunting season for that
species.
(2) Migratory birds may
only be possessed in accordance with the permit holder's federal migratory bird
permit.
(3) Turtles with shell
fractures may be possessed for up to two (2) years if housed separately from
all other turtles. (r) All white-tailed deer that are taken in for
rehabilitation and determined to be nonreleasable must be euthanized.
(s) A mammal, nonmigratory bird,
reptile, or amphibian taken in for rehabilitation that is:
(1) diseased;
(2) severely injured, unless determined by a
licensed veterinarian to be treatable and released within one hundred eighty
(180) days from the date obtained by the licensed rehabilitator; or
(3) a turtle with a shell fracture unless
determined by a licensed veterinarian to be treatable and released within two
(2) years; must be euthanized.
(t) Euthanasia must be carried out with the:
(1) safest;
(2) quickest; and
(3) most painless;
available method as recommended and approved by the division
of fish and wildlife.
(u) Carcasses of wild animals that are
euthanized or otherwise die while in the care of a permit holder must be:
(1) buried;
(2) incinerated on private property with
prior permission of the landowner;
(3) given to a veterinarian or landfill for
proper disposal;
(4) put in the
trash if double-bagged;
(5) if
euthanized with chemicals, disposed of only according to the chemical
label;
(6) kept for educational
purposes only if the permit holder also has a special purpose salvage permit
issued under section 13.5 of this rule;
(7) 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; or
(8) donated to a person with a permit from
the United States Fish and Wildlife Service for Native American religious
purposes.
(v) A permit
holder must not:
(1) commercially advertise
rehabilitation services or solicit for rehabilitation a wild animal that is
subject to this section;
(2) have a
wild animal spayed or neutered or in any way have its reproductive function
altered; or
(3) mark or tag the
wild animals in any way, such as with a collar or ear tag, except as required
in subsection (n)(2) or in writing from the department.
(w) A permit holder must notify the
department within twenty-four (24) hours of acquiring an endangered species or
a bald or golden eagle, whether live or dead, and the location and date of
acquisition.
(x) A permit holder
must notify the department within twenty-four (24) hours if the permit holder
has reason to believe that a wild animal has been subjected to criminal
activity.
(y) Wild animals,
including their carcasses and parts, possessed under this section must not be
sold, bartered, or transferred to another individual or to a permit holder's
game breeder license except:
(1) for
carcasses and parts, as authorized in subsection (u);
(2) for a live wild animal that is in need of
continued rehabilitation, the wild animal may be transferred to another
individual:
(A) with a permit under this
section; or
(B) if a raptor, to an
individual with a falconry license under section 13.1 of this rule;
or
(3) for nonreleasable
wild animals, as authorized in subsection (o).
(z) A copy of the permit issued under this
section must be possessed by the permit holder when transporting a wild animal
possessed under this section to another location and be available and on-site
when possessing and caring for wild animals authorized under this
section.
(aa) A permit may be
suspended, denied, or revoked under IC 4-21.5 if the permit holder fails to
comply with any of the following:
(1) A
permit issued under this section.
(2) This article or IC 14-22.