Section 312IAC9-3-18.2. River otters

  2. (a) An individual may trap a river otter (Lutra canadensis) from 8:00 a.m. on November 15 until noon on March 15 of the following year. An individual who sets a trap for a river otter must be at least ten (10) years old, unless the individual has passed a state-certified trapper education course.

  (b) In order to trap a river otter, an individual must possess one (1) of the following valid Indiana trapping licenses or be exempt from needing a license as authorized in IC 14-22-11-1:

(1) Resident yearly trapping license under IC 14-22-12-1(a)(4).

(2) Nonresident yearly trapping license under IC 14-22-12-1(a)(7).

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

(4) Nonresident youth yearly trapping license under IC 14-22-12-1(a)(26).

(5) Lifetime basic trapping license under IC 14-22-12-7(a)(6) before its repeal.

  (c) An individual must not take more than two (2) river otters per season. An individual that sets the trap that caught the river otter must count the river otter toward his or her season limit.

  (d) An individual that accidentally kills a river otter after the bag limit or statewide quota has been reached or during the closed season must notify the department within twenty-four (24) hours of capture and make arrangements to give that river otter to the department. An individual who traps a river otter alive and does not include it in that individual's bag limit must release the river otter into the wild in the location in which it was captured immediately upon discovery or notification that a river otter has been caught in the trap.

  (e) An individual must not trap river otters except in a county the director designates on an annual basis by temporary rule.

  (f) Annually, the director shall establish by temporary rule the statewide quota for river otters that may be taken during a season. The director may close the season established under subsection (a) by temporary rule upon a determination that the allowable harvest of river otters for the year has been reached.

  (g) An individual who takes a river otter must report the take or cause the reporting of the take by providing the information required on the department's electronic harvest reporting system within twenty-four (24) hours of the taking of the river otter. The individual who reports the take on the department's electronic harvest reporting system must provide true and accurate information. The confirmation number provided by the electronic harvest reporting system must be maintained with the river otter until the river otter is checked in with a designated department employee or at an official river otter checking station.

  (h) An individual who takes a river otter during the trapping season must retain possession of the river otter and cause delivery of the skinned hide and carcass, including the head, of the river otter to a designated department employee or official river otter checking station within fifteen (15) days after the month of harvest. The department employee must:

(1) issue a tag and attach it to each hide in accordance with 50 CFR 23.69; and

(2) maintain possession of the skinned river otter carcass (not the hide).

  (i) A river otter, including the hide and any other part or portion, taken during the trapping season must not be:

(1) sold;

(2) traded;

(3) bartered;

(4) gifted;

(5) transferred to a taxidermist or any other person; or

(6) shipped;

until registered through the department's electronic registration system and issued a tag by a department employee in accordance with subsection (h).

  (j) After registering the river otter and obtaining the tag from the department in accordance with this section, an individual who takes a river otter may:

(1) sell;

(2) trade;

(3) barter;

(4) ship; or

(5) other transfer;

a river otter in accordance with this section and 50 CFR 23.69.

  (k) An individual may possess the untanned hide of a river otter as follows:

(1) During the trapping season established in subsection (a).

(2) Until May 15 of the year the trapping season closed as established in subsection (a).

(3) Until June 15 of the year the trapping season closed if the individual submits a report to the department by May 15 on a signed departmental form that lists the number of untanned river otter hides possessed and not sold to a licensed fur buyer.

(4) With a valid fur buyer's license in compliance with IC 14-22-19 and 312 IAC 9-10-12.

(5) With a valid taxidermy license in compliance with IC 14-22-21 and 312 IAC 9-10-5.

(6) With a valid special purpose salvage permit in compliance with 312 IAC 9-10-13.5.

(7) With a valid scientific purposes license in compliance with IC 14-22-22 and 312 IAC 9-10-6.

  (l) An individual must not possess a live river otter except with one (1) of the following:

(1) A wild animal rehabilitation permit under 312 IAC 9-10-9.

(2) A scientific purposes license under 312 IAC 9-10-6.

(3) A nuisance wild animal control permit under 312 IAC 9-10-11.

(4) A registered or licensed educational or scientific institution with the United States Department of Agriculture in accordance with 9 CFR, Chapter 1, Subchapter A, Parts I through IV.

(5) A breeder, dealer, or exhibitor license issued by the United States Department of Agriculture under 9 CFR, Chapter 1, Subchapter A, Parts I through IV.

  (m) An individual must not sell a live river otter unless that person has a breeder, dealer, or exhibitor license issued by the United States Department of Agriculture under 9 CFR, Chapter 1, Subchapter A, Parts I through IV. (Natural Resources Commission; 312 IAC 9-3-18.2; filed Jun 23, 2006, 2:24 p.m.: 20060719-IR-312050214FRA; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Mar 12, 2010, 1:28 p.m.: 20100407-IR-312090479FRA; readopted filed May 20, 2014, 9:43 a.m.: 20140618-IR-312140017RFA; filed Feb 26, 2015, 2:01 p.m.: 20150325-IR-312140341FRA)