Section 312IAC9-5-8. Possession, sale, and transport of dangerous reptiles

   (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.

(Natural Resources Commission; 312 IAC 9-5-8; filed Jul 9, 1999, 5:55 p.m.: 22 IR 3674; errata filed Oct 26, 1999, 2:40 p.m.: 23 IR 589; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Jul 6, 2010, 1:55 p.m.: 20100804-IR-312090616FRA; readopted filed May 20, 2014, 9:43 a.m.: 20140618-IR-312140017RFA)