312 IAC 9-10-9.5 - Special purpose educational permit
Authority: IC 14-22-2-6; IC 14-22-11-12
Affected: IC 4-21.5; IC 14-22
Sec. 9.5.
(a) This
section governs a special purpose educational permit. The permit is required
for a person who conducts an educational display or lecture using a live wild
animal that is a mammal, bird, reptile, or amphibian protected under this
article. Exempted from this section are reptiles and amphibians, lawfully
collected and possessed under
312
IAC 9-5-6 or turtles possessed under
312 IAC
9-5-11. The permit is available only to a person who
is at least one (1) of the following:
(1) A
licensed rehabilitator.
(2) A
licensed falconer.
(3) A wild
animal possession permit holder.
(4) An educational institution such as a
corporation or organization whose primary function is conservation
education.
(5) A nonprofit
organization.
(6) A person who is
employed or sponsored by an educational institution or a nonprofit
organization.
(7) A person with a
special purpose possession permit from the United States Fish and Wildlife
Service for a nonreleasable migratory bird.
(b) This section does not apply to any zoo,
carnival, animal dealer, pet shop, circus, or nature center licensed under 9
CFR, Chapter 1, Subchapter A, Parts I through IV.
(c) An application must be made on a
departmental form providing the following:
(1)
Documentation, in the form of a copy of a valid license, permit, receipt, or
rehabilitation report showing that the wild animal was lawfully
acquired.
(2) If the animal was
obtained under a rehabilitation permit, that the animal is permanently injured
and nonreleasable.
(3) An outline
of the educational program that includes an explanation of the legal
acquisition of the wild animal. A permit shall not be issued unless the
proposed education program meets the following criteria:
(A) Promotes the survival and role of wild
animals in their natural habitat.
(B) Promotes an understanding of the
ecological needs of wild populations of the species.
(C) Does not promote or encourage opposition
to the scientific management of wildlife, including the regulated taking of
wild animals in a manner consistent with state or federal law.
(d) A person possessing
a wild animal under this section shall handle, house, and transport the wild
animal in a manner that:
(1) is
safe;
(2) is sanitary;
(3) is humane; and
(4) prevents the escape of the
animal.
(e) A person
possessing a wild animal under this section must not place the wild animal in
physical contact with the public unless the wild animal is a species of reptile
that is neither venomous nor endangered.
(f) A person shall not possess a migratory
bird under this section unless the U.S. Fish and Wildlife Services also issues
a special purpose possession permit. If the terms of the federal permit and the
permit under this section differ, the more restrictive terms govern.
(g) A person possessing a wild animal under
this section must not maintain or display a wild animal in a manner that does
any of the following:
(1) Poses a hazard to
public safety.
(2) Poses a hazard
to property of a person other than the permit holder.
(3) Harms the health of the wild
animal.
(4) Violates this article
or the permit issued under this section.
(h) The permit issued under this section must
be carried and displayed when conducting any authorized activities.
(i) A person possessing a valid permit under
this section must file an application and annual report by February 1 of each
year in order to renew the permit. The annual report must contain the
following:
(1) The numbers and species of wild
animals used.
(2) The location of
each program.
(3) The date of each
program.
(4) The name of the group
to whom the program was given.
(j) A person possessing a permit under this
section shall maintain a copy of the records relative to this permit for at
least two (2) years after the expiration date of the permit.
(k) A permit issued under this section may be
suspended, denied, or revoked under IC 4-21.5 if the person possessing the
permit does any of the following:
(1) Fails to
comply with a provision of a permit issued under this section.
(2) Possesses the wild animal in a manner
that constitutes maltreatment or neglect of the animal.
(3) Violates any applicable state, local, or
federal law.
(l) A
conservation officer may, at any reasonable time, inspect the records and wild
animals possessed by a person issued a permit under this section.
Notes
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No prior version found.