312 IAC 9-5-8 - Possession, sale, and transport of dangerous reptiles
Authority: IC 14-22-2-6; IC 14-22-26-3; IC 14-22-34-17
Affected: IC 14-22
Sec. 8.
(a) This
section governs the possession, sale, transport for sale, or offer to sell any
dangerous reptile.
(b) An
individual must not possess, sell, transport for sale, or offer to sell a
dangerous reptile (other than by a zoological park).
(c) Exempted from this section is an
individual who is transporting dangerous reptiles in interstate commerce to be
sold outside Indiana.
(d)
Notwithstanding subsection (b), an individual may possess a dangerous reptile
under a Class III Wild Animal Possession permit issued under 312 IAC
9-11.
(e) Exempted from this
section is an institution governed by, and in compliance with, the Animal
Welfare Act (
7 U.S.C.
2131, et seq.) and
9
CFR 2.30 through 9 CFR 2.38 (January 1, 1998
edition). To qualify for the exemption, the institution must have an active
Assurance of Compliance on file with the Office for the Protection of Risk,
U.S. Department of Health and Human Services.
(f) As used in this section, "dangerous
reptile" includes both of the following:
(1)
A venomous reptile.
(2) A
crocodilian that is at least five (5) feet long.
(g) As used in this section, "sale" includes:
(1) barter, purchase, trade, or offer to
sell, barter, purchase, or trade; or
(2) serving as part of a meal by a
restaurant, a hotel, a boarding house, or an eating house keeper; however, a
hotel, a boarding house, or an eating house keeper may prepare and serve during
open season to:
(A) a guest, patron, or
boarder; and
(B) the family of the
guest, patron, or boarder;
a reptile legally taken by the guest, patron, or boarder during the open season.
(h) As used in this section, "transport"
means to move, carry, or ship a wild animal protected by law by any means and
for any common or contract carrier knowingly to move, carry, or receive for
shipment a wild animal protected by law.
(i) As used in this section, "zoological
park" means an entity that satisfies one (1) of the following:
(1) A permanent establishment that is a
member of the American Association of Zoological Parks and Aquariums (also
known as the American Zoo and Aquarium Association).
(2) An agency of local government, open to
and administered for the public, to provide education, conservation, and
preservation of the earth's fauna.
Notes
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