312 IAC 9-4-2 - General requirements for migratory birds and waterfowl

Authority: IC 14-10-2-4; IC 14-22-2-6

Affected: IC 14-22; IC 35-47-2

Sec. 2.

(a) The restrictions in this rule supplement state statutes and federal laws that protect migratory birds and waterfowl.

(b) The:

(1) annual seasons;

(2) bag limits;

(3) hunting restrictions; and

(4) shooting hours; for migratory birds and waterfowl are as determined under 50 CFR 20.

(c) An individual must not hunt:

(1) ducks;

(2) geese;

(3) mourning doves;

(4) woodcock;

(5) coots;

(6) snipe;

(7) rails; or

(8) gallinules; unless the individual is registered with and possesses an identification number issued through the Harvest Information Program.

(d) Notwithstanding subsection (c), a resident youth hunter participating in a free hunting day for youth hunters as designated by the director is exempt from:

(1) registration with; and

(2) possession of an identification number issued through; the Harvest Information Program.

(e) For purposes of youth free hunting days under IC 14-22-11-18, a youth hunter means an individual who is less than eighteen (18) years of age on the date of the hunt. For purposes of the youth waterfowl season as established in 50 CFR 20.105, the age of a youth hunter is determined under 50 CFR 20.105.

(f) An individual must not take a migratory bird listed as an endangered species in this rule unless the individual possesses a scientific purposes license under 312 IAC 9-10-6.

(g) An individual must not hunt American woodcock (Scolopax minor) unless that person wears hunter orange.

(h) An individual must not hunt waterfowl while possessing shot, other than steel shot or another nontoxic shot.

(i) An individual must not construct a hunting blind on the water of the state unless the name and address of the individual who constructs the blind is legibly indicated on the blind.

(j) An individual who constructs a hunting blind must cause the removal of the blind from the water of the state from April 1 through August 15.

(k) An individual must not:

(1) construct or place a permanent blind; or

(2) leave a portable blind overnight; on property owned or leased by the department.

(l) In order to hunt waterfowl, an individual must satisfy all of the following requirements:

(1) Possess one (1) of the following valid Indiana hunting licenses or be exempt from needing a license as authorized in IC 14-22-11-1:

(A) A resident yearly hunting license under IC 14-22-12-1(a)(2).

(B) A resident yearly hunting and fishing license under IC 14-22-12-1(a)(3).

(C) A nonresident yearly hunting license under IC 14-22-12-1(a)(6).

(D) A nonresident five-day hunting license under IC 14-22-12-1(a)(10).

(E) A nonresident youth yearly hunting license under IC 14-22-12-1(a)(25).

(F) A resident youth consolidated hunting, trapping, and fishing license under IC 14-22-12-1(a)(24) or IC 14-22-11-10(b).

(G) A disabled American veteran's hunting license under IC 14-22-12-1.5.

(H) An apprentice hunting license of the types identified in clauses (A) through (G) under IC 14-22-12-1.7.

(I) A lifetime basic hunting license under IC 14-22-12-7(a)(2) before its repeal.

(J) A lifetime comprehensive hunting license under IC 14-22-12-7(a)(4) before its repeal.

(K) A lifetime comprehensive hunting and fishing license under IC 14-22-12-7(a)(5) before its repeal.

(2) Possess a valid Indiana waterfowl stamp privilege issued under IC 14-22-7-4.

(m) An individual must not possess lead shot while hunting mourning doves on a department property.

(n) An individual may take Eurasian collared doves during the season for hunting mourning doves in accordance with 50 CFR 20. The bag limit for mourning doves does not apply to Eurasian collared doves that are taken as long as the head and a feathered wing are attached. The bag limit for mourning doves does include Eurasian collared doves if the head and feathered wing are not attached.

(o) An individual may take a raptor from the wild only with a:

(1) wild animal rehabilitation permit issued under 312 IAC 9-10-9;

(2) scientific purposes license issued under 312 IAC 9-10-6;

(3) falconry license issued under 312 IAC 9-10-13.1; or

(4) migratory bird depredation permit under IC 14-22-6-3.

(p) An individual may take a live migratory bird, other than a raptor, from the wild only:

(1) with a wild animal rehabilitation permit issued under 312 IAC 9-10-9;

(2) with a scientific purposes license issued under 312 IAC 9-10-6;

(3) with a migratory bird depredation permit under IC 14-22-6-3;

(4) during a hunting season as authorized in this section and 50 CFR 20;

(5) as authorized in section 7.2 of this rule and 50 CFR 21.43 for brown-headed cowbird, common grackle, red-winged blackbird, Brewer's blackbird, or American crow taken in accordance with section 7.2 of this rule and 50 CFR 21.43;

(6) as authorized in subsections (t) and (u) for a Canada goose; or

(7) as authorized by a public use airport under IC 14-22-11-1(b)(5).

(q) An individual may possess, breed, and sell raptors with a raptor propagation permit issued by the U.S. Fish and Wildlife Service in accordance with 50 CFR 21.30 without a permit from the department.

(r) A migratory bird that is taken from the wild may be possessed live only with a:

(1) wild animal rehabilitation permit issued under 312 IAC 9-10-9;

(2) special purpose educational permit issued under 312 IAC 9-10-9.5;

(3) scientific purposes license issued under 312 IAC 9-10-6; or

(4) falconry license issued under 312 IAC 9-10-13.1.

(s) An individual may possess, breed, and sell captive-bred waterfowl in accordance with 50 CFR 21 without a permit from the department.

(t) An individual may take the nest and eggs of Canada geese between March 1 and June 30 in accordance with 50 CFR 21.50 without a permit from the department.

(u) An individual may take a live Canada goose that is causing damage or threatening to cause damage to property or causing a health or safety threat to persons or domestic animals with a permit from the department.

(v) An individual may take a migratory bird that is causing damage to property or posing a health or safety threat to persons or domestic animals with a migratory bird depredation permit issued under IC 14-22-6-3. Exempted from this section is a:

(1) Canada goose, or the nests and eggs thereof, taken in accordance with a hunting season authorized under 50 CFR 20 or subsections (t) and (u);

(2) migratory bird taken during a hunting season in accordance with this section and 50 CFR 20; or

(3) brown-headed cowbird, common grackle, red-winged blackbird, Brewer's blackbird, or American crow taken in accordance with section 7.2 of this rule and 50 CFR 21.43.

(w) The nest of a migratory bird may be taken only:

(1) in accordance with subsection (t) or (v);

(2) with a special purpose salvage permit under 312 IAC 9-10-13.5;

(3) with a scientific purposes license issued under 312 IAC 9-10-6; or

(4) if unoccupied by a bird or egg and destroyed or relocated.

(x) An individual may capture and humanely remove a trapped live migratory bird that is not an endangered species from the interior of a building or enclosure/structure and release it immediately outside the building or enclosure or give it to an individual with a wild animal rehabilitation permit issued under 312 IAC 9-10-9 in accordance with 50 CFR 21.12.

(y) A youth who hunts waterfowl during the youth waterfowl season authorized under 50 CFR 20 must:

(1) possess a valid nonresident youth yearly hunting license under IC 14-22-12-1(a)(25);

(2) possess a valid resident youth consolidated hunting, trapping, and fishing license under IC 14-22-12-1(a)(24) or IC 14-22-11-10(b); or

(3) be exempt from needing a license as authorized in IC 14-22-11-1 and 312 IAC 9-2-14.

(z) A youth who hunts waterfowl during the youth waterfowl season authorized under 50 CFR 20 must be accompanied by an adult of at least eighteen (18) years of age who:

(1) does not possess a firearm, crossbow, or bow and arrow while in the field, except for a handgun carried lawfully in accordance with IC 35-47-2;

(2) possesses a valid hunting license of any type that is not an apprentice license unless exempt from needing a hunting license under IC 14-22-11-1 and 312 IAC 9-2-14;

(3) must not accompany more than two (2) youth hunters at any one (1) time; and

(4) must be in close proximity and able to communicate with the youth hunter at all times.

Notes

312 IAC 9-4-2

Natural Resources Commission; 312 IAC 9-4-2; filed May 12, 1997, 10:00 a.m.: 20 IR 2708; filed May 28, 1998, 5:14 p.m.: 21 IR 3714; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; filed Jun 23, 2006, 2:24 p.m.: 20060719-IR-312050214FRA; filed Jun 29, 2007, 2:30 p.m.: 20070725-IR-312060272FRA; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Mar 12, 2010, 1:28 p.m.: 20100407-IR-312090479FRA; errata filed Apr 29, 2010, 3:05 p.m.: 20100512-IR-312090479ACA; filed Mar 15, 2013, 2:33 p.m.: 20130410-IR-312120403FRA; filed Sep 13, 2013, 3:02 p.m.: 20131009-IR-312120670FRA; Readopted filed 5/20/2014, 9:43 a.m.: 20140618-IR-312140017RFA Filed 6/21/2018, 1:45 p.m.: 20180718-IR-312170436FRA Readopted filed 9/18/2019, 1:16 p.m.: 20191016-IR-312190325RFA Filed 11/16/2020, 9:30 a.m.: 20201216-IR-312200069FRA