Section 312IAC9-5-11. Turtle possession permit

   (a) Except as provided in subsection (b), this section establishes the requirements that an individual must satisfy to possess a turtle that is listed in section 7(c) of this rule.

  (b) Exempted from this section is any species of turtle that is possessed lawfully under section 6 of this rule.

  (c) An individual must be an Indiana resident to receive a permit under this section.

  (d) An individual must submit, on a departmental form, an application for a permit under this section within ten (10) days after taking possession of a native species of turtle. The application must show the individual lawfully obtained the turtle. For a turtle that was lawfully obtained:

(1) a receipted invoice;

(2) a bill of lading; or

(3) other evidence approved by the director;

must accompany the application.

  (e) If supported by appropriate documentation, native species of turtles that were legally obtained may be possessed under this permit.

  (f) A conservation officer shall inspect each cage or enclosure before the first permit can be issued to an applicant. A turtle must be:

(1) quarantined for at least thirty (30) days and display no signs of illness before being placed with other turtles; and

(2) confined in a cage or other enclosure that:

(A) makes escape of the animal unlikely; and

(B) prevents the entrance of free-roaming turtles.

The cage or enclosure must provide the turtle with ample space for exercise and to avoid overcrowding. Each turtle shall be handled, housed, and transported in a sanitary and humane manner. Mature male and female turtles of the same species must be caged separately. Upon request by a conservation officer, an applicant must make any cage or enclosure available for inspection.

  (g) A turtle possessed under this section:

(1) must not be:

(A) bred;

(B) sold;

(C) traded;

(D) bartered; or

(E) released into the wild; and

(2) may be given only to an individual who possesses a permit under this section.

  (h) A turtle with a straight-line carapace length of four (4) inches or greater must be permanently marked with a unique passive integrated transponder (pit tag) implanted under the skin or another permanent unique identifier. Only pit tags that can be read by an AVID Reader may be implanted.

  (i) A permit holder must not commercially advertise adoption services, including charging a fee to adopt or re-home a turtle.

  (j) A permit holder must not place a turtle on public display unless the person also possesses an educational permit issued under 312 IAC 9-10-9.5.

  (k) A copy of the records must be kept on the premises of the permit holder for at least two (2) years after the turtle was obtained, and a copy must be provided to a conservation officer upon request. The records shall include the following:

(1) The:

(A) taxa;

(B) number;

(C) carapace length; and

(D) weight;

of each turtle obtained.

(2) The:

(A) complete name;

(B) address; and

(C) telephone number;

of the person from whom a turtle was obtained.

(3) The date obtained.

(4) The unique passive integrated transponder code of each implanted turtle or identification of the unique permanent identifier for each turtle.

  (l) A conservation officer:

(1) may enter the premises of the permit holder at all reasonable hours to inspect:

(A) those premises;

(B) any records relative to the permit; and

(C) any turtle possessed under this permit;

(2) shall immediately notify the permit holder if the inspection reveals a turtle is being kept under unsanitary or inhumane conditions; and

(3) may make a second inspection after ten (10) days to determine if any permit deficiency has been corrected that was reported to the permit holder.

  (m) A permit expires on June 30 of the third year following the year in which the permit was issued. A renewal application must be submitted to the department by July 31 of the year the permit expires.

  (n) The permit holder must provide an annual report on a completed departmental form to the division by July 15 of each year with the following information:

(1) The taxa and number of each native species of turtle.

(2) The date the turtle was obtained.

(3) The unique passive integrated transponder code of each implanted turtle or another type of unique permanent identification. The permit holder must submit one (1) or more photographs that document the permanent unique identifier with the annual report submitted to the division by July 15 of the year following the date the first permit was issued.

(4) How each turtle was obtained.

  (o) A permit may be suspended, denied, or revoked and any turtle confiscated, under IC 4-21.5, if the permit holder fails to comply with any of the following:

(1) A permit issued under this section.

(2) This article.

(3) Another applicable state, local, or federal law.

(Natural Resources Commission; 312 IAC 9-5-11; filed Sep 23, 2004, 3:00 p.m.: 28 IR 546; filed Jun 23, 2006, 2:24 p.m.: 20060719-IR-312050214FRA; filed Apr 1, 2008, 10:28 a.m.: 20080430-IR-312070735FRA; 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)