Section 312IAC9-11-14. Maintaining a wild animal possessed under this rule

   (a) A person must not maintain 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 license under which the animal is possessed.

  (b) A person must not possess a wild animal in a condition that is any of the following:

(1) Unsafe.

(2) Unsanitary.

(3) Constitutes maltreatment or neglect of the animal.

(4) Allows the escape of the animal.

  (c) A person must not use a wild animal in any of the following manners:

(1) For a commercial purpose unless the person is issued a commercial license by the United States Department of Agriculture or the wild animal is an alligator snapping turtle (Macroclemys temmincki) lawfully acquired by the applicant prior to January 1, 1998.

(2) For a sporting purpose.

(3) As a public display.

  (d) As used in this rule, "commercial purpose" means to breed, sell, publicly exhibit or display, barter, trade, lease, or other use for which the permittee receives compensation of any kind, other than for educational purposes in accordance with a special purpose educational permit authorized in 312 IAC 9-10-9.5. Electronic viewing and photographs are allowed.

  (e) A special purpose educational permit must be obtained under 312 IAC 9-10-9.5 before a person uses a Class I, Class II, or Class III wild animal for an educational purpose unless the wild animal is an alligator snapping turtle (Macroclemys temmincki) lawfully acquired by the applicant before January 1, 1998.

  (f) A wild animal must be provided with fresh drinking water in clean containers on a daily basis, except as necessary for medical reasons with written instructions from a veterinarian.

  (g) A swimming pool or wading pool that is provided for the use of a wild animal must be cleaned as needed to maintain good water quality.

  (h) Surface water must be adequately drained from a cage or enclosure where a wild animal is possessed.

  (i) A wild animal must be provided with food that is each of the following:

(1) Unspoiled.

(2) Uncontaminated.

(3) Appropriate to the dietary needs of the animal.

  (j) Fecal wastes and food wastes must be removed daily from cages and stored or disposed to prevent noxious odors and insect pests. Hard floors shall be scrubbed and disinfected weekly. Large pens and paddocks with dirt floors shall be raked at least once every three (3) days and the waste removed. (Natural Resources Commission; 312 IAC 9-11-14; filed May 12, 1997, 10:00 a.m.: 20 IR 2743; filed May 19, 2003, 9:11 a.m.: 26 IR 3324; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; filed Sep 23, 2004, 3:00 p.m.: 28 IR 555; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Feb 28, 2014, 8:01 a.m.: 20140326-IR-312130024FRA; readopted filed May 20, 2014, 9:43 a.m.: 20140618-IR-312140017RFA)