Section 312IAC9-10-6. Scientific purposes licenses

   (a) An individual shall apply for a scientific purposes license on a departmental form and include the following information:

(1) The purpose for taking wild animals.

(2) The species of wild animal and the number of the species to be taken.

(3) The location from which wild animals are to be taken.

(4) The method of taking wild animals.

(5) The intent to administer any:

(A) drug;

(B) vaccine;

(C) steroid;

(D) microorganism; or

(E) other chemical;

to the wild animal taken.

(6) The intended treatment of the wild animal taken, including the use of bacterial or other markers and any proposed genetic modification.

(7) The disposition of the wild animal taken or nest or egg of a wild bird taken.

(8) For a new applicant, the signatures of two (2) scientists that have a degree in the biological sciences attesting to the character, academic and scientific accomplishments, and fitness of the applicant. An applicant currently pursuing a bachelor's degree must obtain the signature of a faculty biologist for that taxonomic group.

  (b) A license issued under this section is subject to the specifications set forth in the application and to terms, conditions, and restrictions on the license. The director may condition the license according to any of the following:

(1) The species of wild animal and number of the species that may be taken.

(2) The location and method of taking wild animals.

(3) The time and seasons for taking wild animals.

(4) The location from which wild animals may be taken.

(5) The use and disposition of the wild animal or nest or egg of a wild bird held, treated, or taken under this rule.

(6) The applicant receiving and possessing a valid license from the United States Fish and Wildlife Service under 50 CFR 17.22, 50 CFR 17.32, 50 CFR 21.22, 50 CFR 21.23, and 50 CFR 21.27 for any of the following:

(A) A migratory bird.

(B) The nest or egg of a migratory bird.

(C) A federally endangered or threatened species of wild animal.

  (c) The license holder under this section must carry the license and any amendments to the license when conducting any activity authorized by the license.

  (d) The director may amend the conditions of a license issued under this section at any time upon written notification to the license holder. A notice under this subsection is subject to IC 4-21.5.

  (e) The director may issue a license under this section only to a properly accredited individual who will take the wild animal or nest or egg of a wild bird for a scientific purpose, including scientific education. A properly accredited individual is one who meets at least one (1) of the following requirements:

(1) Holds a bachelor's degree in the biological sciences or related field that the director deems appropriate for the purpose outlined in the application.

(2) Be currently pursuing a bachelor's degree in the biological sciences or related field that the director deems appropriate for the purpose outlined in the application.

(3) Hold a federal permit for the purpose indicated in the application.

(4) Be requested by an accredited educational or scientific institution to perform this activity for the institution. The institution must present a valid and compelling need for the applicant to perform the activity covered by this license for the institution.

(5) Be sponsored by the department to perform the activity for the protection and regulation of wild animal populations.

  (f) An applicant must be affiliated with one (1) of the following:

(1) One (1) of the following schools:

(A) A public school accredited under IC 20-19-2-8.

(B) A nonpublic school recognized under IC 20-19-2-10 and accredited under IC 20-19-2-8.

(C) A college or university.

(2) A federal, state, city, county, or similar government agency associated with a biological or scientific area of study or research.

(3) A nonprofit educational organization with an exemption from federal income tax under 26 U.S.C. 501(c)(3). The educational organization must be associated with a biological or scientific area of study or research. The applicant must provide written documentation to the department certifying that tax exemption status has been achieved under 26 U.S.C. 501(c)(3).

(4) A scientific research organization, accredited museum, or institution of higher learning, consulting firms, individuals working in cooperation with a college, university, or government agency, or private company under a contract for scientific or educational purposes.

  (g) An individual possessing a license under this section must ensure compliance with monitoring, tagging, and reporting requirements for all extra-label drug use as required in 21 CFR 530, et seq. (1998). Documentation in the form of written approval from a licensed veterinarian or approval from a university animal care and use committee to use the drug or chemical for the purposes intended must be submitted to the department.

  (h) An individual possessing a license under this section must not sell or transport for sale and offer to sell a wild animal or a part of a wild animal possessed under the authority of the license issued under this section. As used in this subsection, "sale" includes barter, purchase, or trade or the offer to sell, barter, purchase, or trade.

  (i) A license issued under this section is not transferable. An individual may assist the license holder if the license holder is present and oversees the activities of the individual.

  (j) The license holder must obtain permission from the landowner or public land property manager to conduct an activity authorized by a license issued under this section. For an activity to be conducted on lands owned or operated by a federal, state, or local agency, the license holder must also comply with the conditions imposed by the property manager or the designee of the property manager.

  (k) A license issued under this section expires on December 31 of the year the license is issued. A report of the collection must be supplied within sixty (60) days after the expiration of the license and contain the following information:

(1) Any species of wild animal taken.

(2) The date on which a wild animal or nest or egg of a wild bird was taken.

(3) A description of the location of the site of capture.

(4) The number of each species taken.

(5) The treatments and markings, if any, of any wild animal taken.

(6) The disposition of any wild animal or nest or egg of a wild bird taken.

The department shall not renew a license unless a properly completed report is received in a timely fashion.

  (l) A license may be suspended, denied, or revoked under IC 4-21.5 if the license holder:

(1) fails to comply with:

(A) a provision of a license issued under this section; or

(B) IC 14-22-22-2;

(2) provides false information on the license application and report;

(3) fails to establish that the taking or release of a wild animal would not threaten the welfare of the wild animal population or the people; or

(4) collects or releases a specimen that is likely to threaten the welfare of the:

(A) wild animal population; or

(B) people.

(Natural Resources Commission; 312 IAC 9-10-6; filed May 12, 1997, 10:00 a.m.: 20 IR 2729; filed Nov 15, 2002, 3:42 p.m.: 26 IR 1069; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; filed Mar 4, 2008, 12:31 p.m.: 20080402-IR-312070486FRA; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Jul 6, 2010, 1:55 p.m.: 20100804-IR-312090616FRA; filed Feb 28, 2014, 8:01 a.m.: 20140326-IR-312130024FRA; readopted filed May 20, 2014, 9:43 a.m.: 20140618-IR-312140017RFA)