20131009-IR-312120670FRA Amends 312 IAC 9-2-14 to clarify license exemptions with respect to estates and trusts. Adds 312 IAC 9-2-15 governing the use of hunter orange on ground blinds. Amends 312 IAC 9-3-2 to clarify and ad...

TITLE 312 NATURAL RESOURCES COMMISSION

Final Rule LSA Document #12-670(F)

DIGEST

Amends 312 IAC 9-2-14 to clarify license exemptions with respect to estates and trusts. Adds 312 IAC 9-2-15 governing the use of hunter orange on ground blinds. Amends 312 IAC 9-3-2 to clarify and add hunter orange and license requirements for hunting deer. Amends 312 IAC 9-3-3 addressing equipment for hunting deer during the archery season and primitive muzzleloader season. Amends 312 IAC 9-3-14.5 governing possession of furbearing mammals. Amends 312 IAC 9-3-15 to add the mute swan to the list of species that a resident landowner or tenant can take without a permit to protect property. Amends 312 IAC 9-3-16 governing the taking and possessing of cottontail rabbits. Amends 312 IAC 9-3-17 governing the taking and possessing of squirrels. Amends 312 IAC 9-4-2 governing the taking, possession, and sale of migratory birds and waterfowl. Amends 312 IAC 9-4-8 governing the hunting of ring-necked pheasants. Amends 312 IAC 9-4-9 governing hunting of northern bobwhite quail. Amends 312 IAC 9-4-14 by removing the peregrine falcon from the list of endangered species. Amends 312 IAC 9-7-6 governing the taking and possession of black bass. Amends 312 IAC 9-7-12 governing the taking and possession of walleye. Amends 312 IAC 9-7-14 to remove lake whitefish from the list of fish for which there is no bag limit, possession limit, or size limit and adding requirements relating to roe from bowfin. Amends 312 IAC 9-7-20 by adding requirements relating to roe from shovelnose sturgeon. Adds 312 IAC 9-7-21 governing the taking of lake whitefish. Amends 312 IAC 9-9-4 by adding the round hickorynut to the list of endangered species of invertebrates. Effective 30 days after filing with the Publisher.

312 IAC 9-2-14; 312 IAC 9-2-15; 312 IAC 9-3-2; 312 IAC 9-3-3; 312 IAC 9-3-14.5; 312 IAC 9-3-15; 312 IAC 9-3-16; 312 IAC 9-3-17; 312 IAC 9-4-2; 312 IAC 9-4-8; 312 IAC 9-4-9; 312 IAC 9-4-14; 312 IAC 9-7-6; 312 IAC 9-7-12; 312 IAC 9-7-14; 312 IAC 9-7-20; 312 IAC 9-7-21; 312 IAC 9-9-4

SECTION 1. 312 IAC 9-2-14 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-2-14 Fishing, hunting, and trapping without a license by owners and lessees of farmland

Authority: IC 14-22-6-1; IC 14-22-11-1

Affected: IC 14-22; IC 29-1-1-3; IC 30-4-1-2

Sec. 1. (a) An owner or a lessee of farmland, and immediate family members of that live with the owner or lessee, if exempted under IC 14-22-11-1, may:

(1) fish;

(2) hunt; or

(3) trap;

on the farmland without obtaining a license under this article.

(b) As used in this section, "owner" means either: an individual:

(1) an individual listed on the tax assessment roll and whose name appears on the title to the property;

(2) who is a business entity whose shareholders, partners, members, shareholder, partner, member, or owners are owner of a business entity comprised solely of the members of an immediate family; or

(3) serving as a trustee and any named trust beneficiaries that are comprised solely of the members of an immediate family for trust property as defined in IC 30-4-1-2.

The term does not include an individual that is an heir to an estate as defined in IC 29-1-1-3.

(c) As used in this section, "lessee" means either:

(1) an individual to whom a lease is made for the farmland and who farms that land; or

(2) a business entity to which a lease is made for the farmland and whose shareholders, partners, members, or owners are comprised solely of the members of an immediate family who farm that land.

(d) As used in this section, "business entity" means the following:

(1) A corporation.

(2) A limited liability company.

(3) A partnership. or

(4) Any legal entity organized for a profitable or charitable purpose.

(Natural Resources Commission; 312 IAC 9-2-14; filed Jun 23, 2006, 2:24 p.m.: 20060719-IR-312050214FRA; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Sep 13, 2013, 3:02 p.m.: 20131009-IR-312120670FRA)

SECTION 2. 312 IAC 9-2-15 IS ADDED TO READ AS FOLLOWS:

312 IAC 9-2-15 General requirements for hunter orange on ground blinds

Authority: IC 14-10-2-4; IC 14-22-2-6

Affected: IC 14-22-38-7

Sec. 15. An occupied ground blind must have at least one hundred forty-four (144) square inches of hunter orange that is visible on each side of the blind from one-half (1/2) hour before sunrise to one-half (1/2) hour after sunset when the hunter is required to wear hunter orange in accordance with IC 14-22-38-7 or 312 IAC 9-3-2(t).

(Natural Resources Commission; 312 IAC 9-2-15; filed Sep 13, 2013, 3:02 p.m.: 20131009-IR-312120670FRA)

SECTION 3. 312 IAC 9-3-2 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-3-2 General requirements and licenses for hunting deer

Authority: IC 14-10-2-4; IC 14-22-2-6

Affected: IC 14-22; IC 35-47-2

Sec. 2. (a) This section and sections 3 through 10 of this rule govern the:

(1) hunting;

(2) transportation; and

(3) disposal;

of deer.

(b) Species of deer other than white-tailed deer (Odocoileus virginianus) are exempted from the following:

(1) This section.

(2) Sections 3 through 9 of this rule.

An individual who claims the exemption provided under this subsection must prove the deer is other than a white-tailed deer.

(c) The licenses identified in this section are nonexclusive. An individual may apply for one (1) or more of these licenses.

(d) Except as provided under IC 14-22-11-1 and IC 14-22-11-11, an individual must not hunt deer:

(1) unless the individual possesses a completed and signed license authorized under this section bearing the individual's name; or

(2) with a deer license issued to another individual.

(e) A youth hunter may take a deer during the youth deer season established in section 4(b) of this rule only if:

(1) issued a license to hunt deer with:

(A) a resident youth consolidated hunting license under IC 14-22-11-10(b) or IC 14-22-12-1(a)(24);

(B) a nonresident youth deer firearms license under IC 14-22-12-1(a)(29);

(C) a nonresident youth deer muzzleloader license under IC 14-22-12-1(a)(30);

(D) a nonresident youth deer archery license under IC 14-22-12-1(a)(31);

(E) a nonresident youth extra deer crossbow license under IC 14-22-12-1(a)(32);

(F) a nonresident youth extra deer license bundle under IC 14-22-12-1(a)(32);

(G) a nonresident youth extra deer bonus antlerless license under IC 14-22-12-1(a)(32);

(G) (H) a lifetime comprehensive hunting license under IC 14-22-12-7(a)(4);

(H) (I) a lifetime comprehensive hunting and fishing license under IC 14-22-12-7(a)(5); or

(I) (J) an apprentice license of the types identified in clauses (A) through (F) (G) under IC 14-22-12-1.7; or

(2) hunting deer without a license under IC 14-22-11-1 and 312 IAC 9-2-14.

(f) An individual may take a deer with a long bow, a recurve bow, or a compound bow during the archery season established in section 4(c) of this rule only if:

(1) issued a license to hunt deer by bow and arrows with:

(A) a resident deer archery license under IC 14-22-11-10(a) or IC 14-22-12-1(a)(14);

(B) a nonresident deer archery license under IC 14-22-12-1(a)(17);

(C) a resident youth consolidated hunting license under IC 14-22-11-10(b) or IC 14-22-12-1(a)(24);

(D) a nonresident youth deer archery license under IC 14-22-12-1(a)(31);

(E) a resident extra deer license bundle under IC 14-22-12-1(a)(18);

(F) a nonresident extra deer license bundle under IC 14-22-12-1(a)(19);

(G) a nonresident youth extra deer license bundle under IC 14-22-12-1(a)(32);

(H) a lifetime comprehensive hunting license under IC 14-22-12-7(a)(4);

(I) a lifetime comprehensive hunting and fishing license under IC 14-22-12-7(a)(5); or

(J) an apprentice license of the types identified in clauses (A) through (G) under IC 14-22-12-1.7; or

(2) hunting without a license under IC 14-22-11-1 and 312 IAC 9-2-14.

(g) An individual may take a deer with a crossbow during the archery season established in section 4(c) of this rule only if:

(1) issued a license to hunt deer with:

(A) a resident extra deer crossbow license under IC 14-22-11-10(a) or IC 14-22-12-1(a)(14);

(B) a nonresident extra deer crossbow license under IC 14-22-12-1(a)(17);

(C) a resident youth consolidated hunting license under IC 14-22-11-10(b) or IC 14-22-12-1(a)(24);

(D) a nonresident youth extra deer crossbow license under IC 14-22-12-1(a)(31);

(E) a resident extra deer license bundle under IC 14-22-12-1(a)(18);

(F) a nonresident extra deer license bundle under IC 14-22-12-1(a)(19);

(G) a nonresident youth extra deer license bundle under IC 14-22-12-1(a)(32);

(H) a lifetime comprehensive hunting license under IC 14-22-12-7(a)(4);

(I) a lifetime comprehensive hunting and fishing license under IC 14-22-12-7(a)(5); or

(J) an apprentice license of the types identified in clauses (A) through (G) under IC 14-22-12-1.7; or

(2) hunting without a license under IC 14-22-11-1 and 312 IAC 9-2-14.

(h) An individual may take a deer with a firearm during the firearms season established in section 4(e) of this rule only if:

(1) issued a license to hunt deer by firearms with:

(A) a resident deer firearms license under IC 14-22-11-10(a) or IC 14-22-12-1(a)(12);

(B) a nonresident deer firearms license under IC 14-22-12-1(a)(15);

(C) a resident youth consolidated hunting license under IC 14-22-11-10(b) or IC 14-22-12-1(a)(24);

(D) a nonresident youth deer firearms license under IC 14-22-12-1(a)(29);

(E) a resident extra deer license bundle under IC 14-22-12-1(a)(18);

(F) a nonresident extra deer license bundle under IC 14-22-12-1(a)(19);

(G) a nonresident youth extra deer license bundle under IC 14-22-12-1(a)(32);

(H) a lifetime comprehensive hunting license under IC 14-22-12-7(a)(4);

(I) a lifetime comprehensive hunting and fishing license under IC 14-22-12-7(a)(5); or

(J) an apprentice license of the types identified in clauses (A) through (G) under IC 14-22-12-1.7; or

(2) hunting deer without a license under IC 14-22-11-1 and 312 IAC 9-2-14.

(i) An individual may take a deer with a muzzleloader during the muzzleloader season established in section 4(f) of this rule only if:

(1) issued a license to hunt deer by a muzzleloader with:

(A) a resident deer muzzleloader license under IC 14-22-11-10(a) or IC 14-22-12-1(a)(13);

(B) a nonresident deer muzzleloader license under IC 14-22-12-1(a)(16);

(C) a resident youth consolidated hunting license under IC 14-22-11-10(b) or IC 14-22-12-1(a)(24);

(D) a nonresident youth deer muzzleloader license under IC 14-22-12-1(a)(30);

(E) a resident extra deer license bundle under IC 14-22-12-1(a)(18);

(F) a nonresident extra deer license bundle under IC 14-22-12-1(a)(19);

(G) a nonresident youth extra deer license bundle under IC 14-22-12-1(a)(32);

(H) a lifetime comprehensive hunting license under IC 14-22-12-7(a)(4);

(I) a lifetime comprehensive hunting and fishing license under IC 14-22-12-7(a)(5); or

(J) an apprentice license of the types identified in clauses (A) through (G) under IC 14-22-12-1.7; or

(2) hunting deer without a license under IC 14-22-11-1 and 312 IAC 9-2-14.

(j) An individual may take a deer during the urban deer season established in section 4(d) of this rule only if:

(1) issued a license to hunt deer with:

(A) a resident extra urban deer zone license under IC 14-22-12-1(a)(18);

(B) a nonresident extra urban deer zone license under IC 14-22-12-1(a)(19);

(C) a resident youth consolidated hunting license under IC 14-22-11-10(b) or IC 14-22-12-1(a)(24);

(D) a nonresident youth extra urban deer zone license under IC 14-22-12-1(a)(32);

(E) an apprentice license of the types identified in clauses (A) through (G) under IC 14-22-12-1.7;

(F) a lifetime comprehensive hunting license under IC 14-22-12-7(a)(4); or

(G) a lifetime comprehensive hunting and fishing license under IC 14-22-12-7(a)(5); or

(2) hunting deer without a license under IC 14-22-11-1 and 312 IAC 9-2-14.

(k) An individual may take a deer during the special antlerless deer season established in section 4(h) of this rule only if:

(1) issued a license to hunt deer with:

(A) a resident extra deer bonus antlerless license under IC 14-22-12-1(a)(18);

(B) a nonresident extra deer bonus antlerless license under IC 14-22-12-1(a)(19);

(C) a resident youth consolidated hunting license under IC 14-22-11-10(b) or IC 14-22-12-1(a)(24);

(D) a nonresident youth extra deer bonus antlerless license under IC 14-22-12-1(a)(32);

(E) a resident extra deer license bundle under IC 14-22-12-1(a)(18);

(F) a nonresident extra deer license bundle under IC 14-22-12-1(a)(19);

(G) a nonresident youth extra deer license bundle under IC 14-22-12-1(a)(32);

(H) an apprentice license of the types identified in clauses (A) through (G) under IC 14-22-12-1.7;

(I) a lifetime comprehensive hunting license under IC 14-22-12-7(a)(4); or

(J) a lifetime comprehensive hunting and fishing license under IC 14-22-12-7(a)(5); or

(2) hunting deer without a license under IC 14-22-11-1 and 312 IAC 9-2-14.

(l) An individual may take an antlerless deer in a designated county, by authority of an extra deer bonus antlerless license, only as authorized under section 4(g) and 4(h) of this rule.

(m) An individual must, immediately upon taking a deer, record on a piece of paper the following:

(1) The name and address of the individual who took the deer.

(2) The license number (if applicable) of the individual who took the deer.

(3) The sex of the deer.

(4) The month and day the deer was taken.

The individual that takes the deer must retain possession of the completed piece of paper until the paper is attached to the deer. The piece of paper must be attached to the deer if the individual who takes the deer does not maintain direct physical control of and constant visual contact with the deer carcass.

(n) An individual who takes a deer must cause delivery of the deer carcass to an official checking station for registration in the name of the individual who took the deer or cause the reporting of the take by providing the information required by the department's electronic harvest reporting system on the occurrence of the earlier of the following:

(1) Within forty-eight (48) hours of the taking of the deer.

(2) Before the deer is removed from this state.

The individual who delivers the deer carcass to an official checking station for registration or reports the take on the department's electronic harvest reporting system must provide true and accurate information that includes the information on the piece of paper described in subsection (m).

(o) The head of a deer must remain attached to the carcass until the deer is registered either at an official checking station or through the department's electronic harvest reporting system.

(p) When a deer is registered, the following:

(1) At an official deer checking station, the checking station operator must record the permanent seal number on the log, collect the piece of paper described in subsection (m), and give the seal to the individual. The individual must immediately affix the seal:

(A) between a tendon and bone;

(B) through a section of skin or flesh; or

(C) around a branched antler;

to prevent its removal (without cutting the seal or the body part to which it is affixed). The seal must be maintained until processing of the deer begins.

(2) Using the department's electronic harvest reporting system, the individual who took the deer must record the confirmation number on the piece of paper described in subsection (m). This confirmation number must be maintained with the deer until processing of the deer begins.

(q) The checking station operator must do the following:

(1) Accurately and legibly complete all forms provided by the department.

(2) Make those forms available to department personnel upon request.

(r) The permanent seal issued by the checking station or the department's electronic harvest confirmation number must be maintained with a deer that is gifted to another individual until processing of the deer begins.

(s) An individual must not hunt deer except from one-half (1/2) hour before sunrise to one-half (1/2) hour after sunset.

(t) An individual must wear hunter orange:

(1) in a season set forth in section 4(b), 4(e), 4(f), and 4(h) of this rule;

(2) in that portion of the archery season set forth in section 4(c) of this rule that overlaps a season set forth in section 4(b), 4(e), 4(f), and 4(h) of this rule; and

(3) when firearms are authorized under section 8(b) of this rule;

(4) in that portion of the urban deer season set forth in section 4(d) of this rule that overlaps a season and is in a location where hunting is authorized in section 4(b), 4(e), 4(f), and 4(h) of this rule; and

(5) in the special antlerless season in the locations where the season is authorized in section 4(h) of this rule.

(u) A ground blind that is:

(1) occupied must contain a minimum of one hundred forty-four (144) square inches of material on each side that is solid hunter orange and is visible from any direction during:

(A) a season set forth in section 4(b), 4(e), 4(f), and 4(h) of this rule; and

(B) that portion of the archery season set forth in section 4(c) of this rule that overlaps a season set forth in section 4(e), 4(f), and 4(h) of this rule;

(2) left unoccupied on department property must visibly bear the name and address of the owner written in the English language in a conspicuous location on the outside of the blind near the entrance.

(v) An individual must not take more than one (1) antlered deer during the special youth, archery, firearm, and muzzleloader seasons authorized in section 4 of this rule from the first day of the special youth deer season of one (1) calendar year through the last day of the archery season in the following calendar year.

(w) (v) An individual must not hunt deer with the use or aid of:

(1) bait, which includes:

(A) a food that is transported and placed for consumption, including, but not limited to, piles of corn and apples placed in the field;

(B) a prepared solid or liquid that is manufactured and intended for consumption by livestock or wild deer, including, but not limited to, commercial baits and food supplements;

(C) salt; or

(D) mineral supplements;

(2) snares;

(3) dogs; or

(4) other domesticated animals.

The use of manufactured scents and lures or similar chemical or natural attractants is not prohibited.

(x) (w) An area is considered baited for ten (10) days after the removal of the bait and the baited soil. Hunting an area, such as an orchard, which may be attractive to deer as the result of normal agricultural activity, is not prohibited.

(y) (x) Notwithstanding subsection (w), (v), an individual may use dogs only while on a leash to track or trail wounded deer.

(z) (y) Notwithstanding subsection (w), (v), an individual may use:

(1) donkeys;

(2) mules; and

(3) horses;

for transportation to and from a hunt but not while hunting.

(aa) (z) An individual must not hunt white-tailed deer possessed under the authority of a game breeder license under 312 IAC 9-10-4.

(bb) (aa) An individual may possess a handgun in accordance with IC 35-47 while hunting deer.

(cc) (bb) "Deer license bundle" means a multiple privilege deer license that replaces a valid deer hunting license and allows an individual to take one (1) antlered deer and two (2) antlerless deer or three (3) antlerless deer in accordance with this section and sections 3 and 4 of this rule in the following seasons combined in one (1) year:

(1) Special youth.

(2) Archery.

(3) Firearms.

(4) Muzzleloader. and

(5) Special antlerless only.

seasons combined in one (1) year in accordance with the provisions in this section and sections 3 and 4 of this rule.

(Natural Resources Commission; 312 IAC 9-3-2; filed May 12, 1997, 10:00 a.m.: 20 IR 2702; filed Dec 26, 2001, 2:40 p.m.: 25 IR 1528; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; filed Sep 23, 2004, 3:00 p.m.: 28 IR 536; filed May 12, 2006, 10:38 a.m.: 29 IR 3344; filed Jun 23, 2006, 2:24 p.m.: 20060719-IR-312050214FRA; errata filed Jul 21, 2006, 1:56 p.m.: 20060802-IR-312050214ACA; filed Jul 10, 2007, 2:09 p.m.: 20070808-IR-312060572FRA; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Nov 3, 2009, 3:34 p.m.: 20091202-IR-312090044FRA; filed Dec 1, 2011, 4:01 p.m.: 20111228-IR-312110101FRA; errata filed Jan 10, 2012, 1:19 p.m.: 20120125-IR-312120006ACA; filed Jul 9, 2012, 3:00 p.m.: 20120808-IR-312120065FRA; filed Dec 18, 2012, 2:00 p.m.: 20130116-IR-312120115FRA; filed Sep 13, 2013, 3:02 p.m.: 20131009-IR-312120670FRA)

SECTION 4. 312 IAC 9-3-3 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-3-3 Equipment for deer hunting

Authority: IC 14-10-2-4; IC 14-22-2-6

Affected: IC 14-22; IC 35-47-2

Sec. 3. (a) During the youth special deer season established in section 4(b) of this rule, a youth hunter must hunt deer only with the following equipment:

(1) A bow and arrow as described in subsection (b)(1) through (b)(5).

(2) A crossbow as defined in 312 IAC 9-1-5.3.

(3) A shotgun as described in subsection (d)(1).

(4) A muzzleloading long gun as described in subsection (d)(3).

(5) A rifle, with the use of cartridges described in subsection (d)(4).

(b) During the archery season established in section 4(c) of this rule, an individual must hunt deer only with the following equipment as follows:

(1) With a long bow, recurve bow, or compound bow that has at least thirty-five (35) pounds pull with a valid license identified at section 2(f) of this rule.

(2) With a crossbow with a valid license identified at section 2(g) of this rule.

(3) Arrows or bolts must be equipped with metal or metal-edged (or flint, chert, or obsidian napped) broadheads.

(4) Poisoned or explosive arrows or bolts are unlawful.

(5) For long bows, recurve bows, and compound bows

(A) bows drawn, held, or released other than by hand or hand-held releases are unlawful; and

(B) no portion of the bow's riser (handle) or any:

(i) (A) track;

(ii) (B) trough;

(iii) (C) channel;

(iv) (D) arrow rest; or

(v) (E) other device;

that attaches to the bow's riser shall contact, support, or guide the arrow from a point rearward of the bow's brace height.

(c) During the firearms season established in section 4(e) of this rule and the special antlerless season established in section 4(h) of this rule, an individual must hunt deer only with any of the following equipment:

(1) A shotgun.

(2) A shotgun with rifled barrel.

(3) A handgun.

(4) A muzzleloading long gun.

(5) A muzzleloading handgun.

(6) A rifle, with the use of cartridges described in subsection (d)(4) only.

(d) As used in section 2 of this rule, this section, and sections 4 through 8 of this rule, a firearm must meet the following specifications:

(1) A shotgun must have a gauge 10, 12, 16, 20, or .410 bore loaded with a single projectile.

(2) A handgun must:

(A) conform to the requirements of IC 35-47-2;

(B) have a barrel at least four (4) inches long;

(C) fire a bullet of two hundred forty-three thousandths (.243) inch diameter or larger; and

(D) not be a rifle that has a barrel less than eighteen (18) inches or is designed or redesigned to be fired from the shoulder.

The handgun cartridge case, without bullet, must be at least one and sixteen-hundredths (1.16) inches long. Full metal jacketed bullets are unlawful. All 25/20, 32/20, 30 carbine, and 38 special ammunition is prohibited.

(3) A muzzleloading long gun must be .44 caliber or larger, loaded with a bullet at least three hundred fifty-seven thousandths (.357) inch or larger. A muzzleloading handgun must be single shot, .50 caliber or larger, loaded with bullets at least .44 caliber and have a barrel at least twelve (12) inches long. The length of a muzzleloading handgun barrel is determined by measuring from the base of the breech plug, excluding tangs and other projections, to the end of the barrel, including the muzzle crown. A muzzleloading gun must be capable of being loaded only from the muzzle, including both powder and bullet.

(4) A rifle must fire a cartridge that meets the following specifications:

(A) Fire a bullet of three hundred fifty-seven thousandths (.357) of an inch diameter or larger.

(B) Have a minimum case length of one and sixteen-hundredths (1.16) inches.

(C) Have a maximum case length of one and eight-tenths (1.8) inches.

(5) Over-and-under combination rifle-shotguns are prohibited.

(e) During the muzzleloader season established in section 4(f) of this rule, an individual must hunt deer only with a:

(1) muzzleloading long gun as described in subsection (d)(3); or

(2) muzzleloading handgun as described in subsection (d)(3).

(f) During the urban deer season established in section 4(d) of this rule, an individual must hunt deer with bows and arrows described in section 3(b) of this rule.

(g) An individual must not erect, place, or hunt from a permanent tree or ground blind on state owned lands. A tree or ground blind placed on:

(1) a DNR property as defined at 312 IAC 8-1-4(3);

(2) U.S. Forest Service lands; or

(3) any national wildlife refuge;

must be portable and may be left overnight only between September 1 and January 10. A fastener used in conjunction with a tree blind and a tree or pole climber that penetrates a tree more than one-half (1/2) inch is prohibited. Each tree or ground blind must be legibly marked with the name, address, and telephone number of the owner of the blind in the English language.

(h) An individual must not use infrared sensors to locate or take deer. An individual must not hunt or retrieve deer with the aid of an infrared detector.

(i) An individual must not possess or use an electronic deer call while hunting deer.

(Natural Resources Commission; 312 IAC 9-3-3; filed May 12, 1997, 10:00 a.m.: 20 IR 2703; filed Nov 13, 1997, 12:09 p.m.: 21 IR 1272; filed Dec 26, 2001, 2:40 p.m.: 25 IR 1530; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; filed Sep 23, 2004, 3:00 p.m.: 28 IR 538; filed Jun 23, 2006, 2:24 p.m.: 20060719-IR-312050214FRA; filed Jun 29, 2007, 2:30 p.m.: 20070725-IR-312060272FRA; filed Sep 6, 2007, 12:20 p.m.: 20071003-IR-312070023FRA; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Nov 3, 2009, 3:34 p.m.: 20091202-IR-312090044FRA; filed Dec 1, 2011, 4:01 p.m.: 20111228-IR-312110101FRA; filed Sep 13, 2013, 3:02 p.m.: 20131009-IR-312120670FRA)

SECTION 5. 312 IAC 9-3-14.5 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-3-14.5 Possession of furbearing mammals

Authority: IC 14-10-2-4; IC 14-22-2-6

Affected: IC 14-22-20

Sec. 14.5. (a) An individual must not possess the untanned hide or unprocessed carcass of any of the following species that have been lawfully taken except as authorized under subsection (d):

(1) Red fox (Vulpes vulpes).

(2) Gray fox (Urocyon cinereoargenteus).

(3) Striped skunk (Mephitis mephitis).

(4) Beaver (Castor canadensis).

(5) Mink (Mustela vison).

(6) Muskrat (Ondatra zibethicus).

(7) Long-tailed weasel (Mustela frenata).

(8) Virginia opossum (Didelphis marsupialis).

(9) Raccoon (Procyon lotor).

(b) Notwithstanding subsections (e), (g), and (h), an individual may possess a live furbearing mammal under one (1) of the following:

(1) A game breeder license in compliance with IC 14-22-20 and 312 IAC 9-10-4.

(2) A wild animal possession permit in compliance with 312 IAC 9-11.

(3) A wild animal rehabilitation permit in compliance with 312 IAC 9-10-9.

(4) A scientific purposes license in compliance with 312 IAC 9-10-6.

(5) A nuisance wild animal control permit in compliance with 312 IAC 9-10-11.

(6) 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.

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

(8) A hunting or trapping license during the season established in this rule for that species.

(c) An individual must not may sell a live furbearing mammal except: only:

(1) during the hunting and trapping season established in this rule for that species with a hunting or trapping license; or

(2) with a valid game breeder license in compliance with IC 14-22-20 and 312 IAC 9-10-4.

(d) An individual may possess the untanned hide or unprocessed carcass of a furbearing mammal listed in subsection (a) as follows:

(1) During the hunting and trapping season established in this rule for that species.

(2) Until May 15 of the year the hunting or trapping season closed as established in this rule for that species.

(3) Until June 15 of the year the hunting and trapping season closed for that species if the individual submits a report to the department by May 15 on a signed departmental form that lists the number of untanned hides and unprocessed carcasses possessed by species 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.

(e) Except as authorized in subsection (g), an individual who traps a furbearing mammal must either:

(1) release the furbearing mammal into the wild in the county in which it was captured within twenty-four (24) hours of capture; or

(2) euthanize the furbearing mammal immediately after removal from the trap or transport from the trap site; or

(3) sell, gift, barter, trade, or otherwise transfer the furbearing mammal to another individual within twenty-four (24) hours of capture.

(f) A captive furbearing mammal that is being transported must be properly handled in an expeditious manner to prevent unnecessary physical injury to the furbearing mammal.

(g) An individual who lawfully takes a:

(1) raccoon;

(2) red fox;

(3) gray fox; or

(4) coyote;

during the trapping season for that species may possess that animal live in captivity during the remainder of the trapping season for that species only as provided in subsections (f) and (h).

(h) After removal from a trap and transport from the trap site, an individual possessing a furbearing mammal under subsection (g) must do the following:

(1) Confine the mammal in a cage or other enclosure as follows:

(A) A cage or other enclosure that:

(i) makes escape of the mammal unlikely and prevents the entrance of a free-roaming mammal of the same species;

(ii) is structurally sound;

(iii) is of sufficient strength for the species involved;

(iv) is maintained in good repair and smoothly secured to prevent escape or injury to the mammal in the enclosure;

(v) is constructed to allow sufficient space for individual posture, to turn about freely, and to make normal social movements;

(vi) is secured when unattended with protective devices at entrances and exits to prevent escapes if kept outdoors and if needed to prevent injuries to human or the mammal's health; and

(vii) has ambient ventilation by means of windows, doors, vents, fans, or air conditioning to protect the health of the mammal and to minimize drafts, odors, and condensation.

(B) Night quarters, transportation cages, and nesting boxes may not be used as primary housing.

(C) Surface water must be adequately drained from a cage or enclosure where the mammal is housed.

(D) Adequate lighting shall be provided by artificial or natural means and cycled for appropriate photoperiod, if necessary for the mammal in possession.

(2) Provide the following for the comfort of the particular species of mammal:

(A) Fresh, clean drinking water in clean containers on a daily basis.

(B) Appropriate and adequate food that is as follows:

(i) Unspoiled.

(ii) Uncontaminated.

(iii) Appropriate to the dietary needs of the mammal.

(iv) Of sufficient quantity for the mammal involved.

(v) Provided on a daily basis.

(C) Adequate shelter from the elements.

(D) Adequate shade.

(3) Remove and dispose of food wastes, feces, urine, and bedding from the enclosure and premises daily to maintain sanitary conditions and protect the mammal and human health.

(4) Remove trash, garbage, debris, and carcasses from the enclosure as soon as they are observed and appropriately disposed of.

(5) Either:

(i) (A) euthanize a mammal possessed under this section no later than the last day of the season for that species; or

(ii) (B) apply for a game breeder license under IC 14-22-20 and 312 IAC 9-10-4 or wild animal possession permit under IC 14-22-20 and 312 IAC 9-11 within five (5) days after the close of the season for that species.

(6) Make a mammal possessed under this section available for inspection by a conservation officer upon request.

(Natural Resources Commission; 312 IAC 9-3-14.5; filed Apr 4, 2008, 2:56 p.m.: 20080430-IR-312070659FRA; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Mar 12, 2010, 1:28 p.m.: 20100407-IR-312090479FRA; filed Jul 5, 2011, 1:37 p.m.: 20110803-IR-312100614FRA; filed Sep 13, 2013, 3:02 p.m.: 20131009-IR-312120670FRA)

SECTION 6. 312 IAC 9-3-15 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-3-15 Taking beavers, minks, muskrats, long-tailed weasels, red foxes, gray foxes, opossums, skunks, raccoons, squirrels, or mute swans to protect property

Authority: IC 14-10-2-4; IC 14-22-2-6

Affected: IC 14-22

Sec. 15. (a) Notwithstanding the requirements of this rule, a resident landowner or a tenant may, without a permit at any time, take:

(1) a beaver;

(2) a mink;

(3) a muskrat;

(4) a long-tailed weasel;

(5) a red fox;

(6) a gray fox;

(7) an opossum;

(8) a skunk;

(9) a raccoon;

(10) a fox squirrel; or

(11) a gray squirrel; or

(12) a mute swan;

that is discovered while damaging property.

(b) An individual who takes a mammal wild animal under subsection (a) must comply with section 18 of this rule and do one (1) of the following:

(1) Release the mammal wild animal on land in the county where the mammal wild animal was captured only with permission of the landowner or property manager. or

(2) Euthanize the mammal wild animal within twenty-four (24) hours of capture.

(c) An individual who takes a mammal wild animal under subsection (a) must not do the following:

(1) Possess the mammal wild animal for more than twenty-four (24) hours.

(2) Sell, trade, barter, or gift the mammal. wild animal.

(Natural Resources Commission; 312 IAC 9-3-15; filed May 12, 1997, 10:00 a.m.: 20 IR 2707; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; filed Sep 23, 2004, 3:00 p.m.: 28 IR 540; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Mar 12, 2010, 1:28 p.m.: 20100407-IR-312090479FRA; filed Jul 5, 2011, 1:37 p.m.: 20110803-IR- 312100614FRA; filed Sep 13, 2013, 3:02 p.m.: 20131009-IR-312120670FRA)

SECTION 7. 312 IAC 9-3-16 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-3-16 Cottontail rabbits

Authority: IC 14-10-2-4; IC 14-22-2-6

Affected: IC 14-22

Sec. 16. (a) Except as provided in subsection (c), An individual may take eastern cottontail rabbits (Sylvilagus floridanus) from the first Friday of November after November 3 1 through February 15 28 of the following year.

(b) An individual may take not more than five (5) eastern cottontail rabbits per day.

(c) An individual may take eastern cottontail rabbits from October 1 through January 31 of the following year within the boundaries of the following:

(1) The following state fish and wildlife areas managed by the division of fish and wildlife:

(A) Atterbury.

(B) Blue Grass.

(C) Brush Creek.

(D) Chinook.

(E) Crosley.

(F) Fairbanks Landing.

(G) Glendale.

(H) Hillenbrand.

(I) Hovey Lake.

(J) Jasper-Pulaski.

(K) Kankakee.

(L) Kingsbury.

(M) LaSalle.

(N) Minnehaha.

(O) Splinter Ridge.

(P) Sugar Ridge.

(Q) Pigeon River.

(R) Tri-County.

(S) Wilbur Wright.

(T) Willow Slough.

(U) Winamac.

(2) The following lake properties managed by the division of state parks and reservoirs:

(A) Brookville.

(B) Hardy.

(C) J. Edward Roush.

(D) Mississinewa.

(E) Monroe.

(F) Patoka.

(G) Salamonie.

(d) (c) An individual must not do the following:

(1) Hunt rabbits unless that person wears hunter orange.

(2) Remove, dislodge, or attempt to remove or dislodge a rabbit from a hole, den, cavity, or tree hollow with the aid of any of the following:

(A) A ferret or other small animal.

(B) A mechanical device.

(C) A chemical.

(D) Smoke.

(E) Fire.

(F) A fume.

(e) (d) A person must not possess a live eastern cottontail rabbit outside the season established in subsections subsection (a) and (c) except with one (1) of the following:

(1) A game breeder license under 312 IAC 9-10-4.

(2) A wild animal possession permit under 312 IAC 9-11.

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

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

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

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

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

(f) (e) An individual who lawfully takes a rabbit may give to another individual one (1) or more carcasses of a rabbit, with no compensation of any kind. A rabbit that is gifted must have a tag attached that contains the following information:

(1) The hunter's name and address.

(2) The total number of rabbits taken.

(3) The date the rabbit was taken.

(4) The signature of the hunter who took the rabbit.

(g) (f) A carcass of an eastern cottontail rabbit may be possessed by the following:

(1) The individual who lawfully took the eastern cottontail rabbit during the seasons season established in subsections subsection (a). and (c).

(2) An individual who received the carcass under subsection (f). (e).

(3) An individual with a valid taxidermy license under IC 14-22-21 and 312 IAC 9-10-5.

(4) An individual with a valid scientific purposes license under 312 IAC 9-10-6.

(5) An individual with a valid nuisance wild animal control permit under 312 IAC 9-10-11.

(6) An individual with a valid special purpose salvage permit under 312 IAC 9-10-13.5.

(h) (g) A person must not sell a live eastern cottontail rabbit except under a valid game breeder license under IC 14-22-20 and 312 IAC 9-10-4.

(Natural Resources Commission; 312 IAC 9-3-16; filed May 12, 1997, 10:00 a.m.: 20 IR 2707; readopted filed July 28, 2003, 12:00 p.m.: 27 IR 286; filed Jan 8, 2007, 9:11 a.m.: 20070207-IR-312060193FRA; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Mar 12, 2010, 1:28 p.m.: 20100407-IR-312090479FRA; filed Sep 13, 2013, 3:02 p.m.: 20131009-IR-312120670FRA)

SECTION 8. 312 IAC 9-3-17 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-3-17 Squirrels

Authority: IC 14-10-2-4; IC 14-22-2-6

Affected: IC 14-22-20; IC 14-22-21

Sec. 17. (a) An individual may hunt eastern gray squirrels (Sciurus carolinensis) and fox squirrels (Sciurus niger) from August 15 through January 31 of the following year.

(b) An The bag limit for each individual may take is not more than five (5) eastern gray squirrels and five (5) fox squirrels per day, in aggregate.

(c) Unless hunting from a boat, an individual hunting squirrels from the first Friday after November 3 1 through January 31 of the following year must wear hunter orange.

(d) An individual must not shoot into or otherwise disturb the leaf nest or den of a squirrel.

(e) An individual must not take a southern flying squirrel (Glaucomys volans) except with a:

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

(2) scientific purposes license under 312 IAC 9-10-6; or

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

(f) A person must not possess a live squirrel established in subsection (a) except with one (1) of the following:

(1) A game breeder license under IC 14-22-20 and 312 IAC 9-10-4.

(2) A wild animal possession permit under 312 IAC 9-11.

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

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

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

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

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

(g) A person must not possess a live southern flying squirrel except with one (1) of the following:

(1) A wild animal possession permit under 312 IAC 9-11.

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

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

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

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

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

(h) An individual who lawfully takes a squirrel may give to another individual one (1) or more carcasses of a squirrel, with no compensation of any kind. A squirrel that is gifted must have a tag attached that contains the following information:

(1) The hunter's name and address.

(2) The total number of squirrels taken.

(3) The date the squirrel was taken.

(4) The signature of the hunter who took the squirrel.

(i) A carcass of a squirrel may be possessed by the following:

(1) The individual who lawfully took the squirrel during the seasons established in subsections (a) and (c).

(2) An individual who received the carcass under subsection (f). (h).

(3) An individual with a valid taxidermy license under IC 14-22-21 and 312 IAC 9-10-5.

(4) An individual with a valid scientific purposes license under 312 IAC 9-10-6.

(5) An individual with a valid nuisance wild animal control permit under 312 IAC 9-10-11.

(6) An individual with a valid special purpose salvage permit under 312 IAC 9-10-13.5.

(j) A person must not sell a live squirrel listed in subsection (a) except under a valid game breeder license under IC 14-22-20 and 312 IAC 9-10-4.

(Natural Resources Commission; 312 IAC 9-3-17; filed May 12, 1997, 10:00 a.m.: 20 IR 2707; filed Nov 13, 1997, 12:09 p.m.: 21 IR 1272; filed May 28, 1998, 5:14 p.m.: 21 IR 3714; errata filed Aug 25, 1998, 3:02 p.m.: 22 IR 125; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; filed Sep 23, 2004, 3:00 p.m.: 28 IR 540; filed Jan 8, 2007, 9:11 a.m.: 20070207-IR-312060193FRA; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Mar 12, 2010, 1:28 p.m.: 20100407-IR-312090479FRA; filed Sep 13, 2013, 3:02 p.m.: 20131009-IR-312120670FRA)

SECTION 9. 312 IAC 9-4-2 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-4-2 General requirements for migratory birds and waterfowl

Authority: IC 14-10-2-4; IC 14-22-2-6

Affected: IC 14-22

Sec. 2. (a) The restrictions in this rule supplement state statutes and federal laws that protect migratory birds and waterfowl.

(b) The:

(1) annual seasons;

(2) bag limits;

(3) hunting restrictions; and

(4) shooting hours;

for migratory birds and waterfowl are as determined under 50 CFR 20.

(c) An individual must not hunt migratory birds and waterfowl, except for mute swans (Cygnus olor) and Eurasian collared doves (Streptopella decaocto), unless the individual:

(1) is registered with; and

(2) possesses an identification number issued through;

the Harvest Information Program.

(d) Notwithstanding subsection (c), a resident youth hunter participating in a free hunting day for youth hunters as designated by the director is exempt from:

(1) registration with; and

(2) possession of an identification number issued through;

the Harvest Information Program.

(e) For purposes of youth free hunting days under IC 14-22-11-18, a youth hunter means an individual who is less than eighteen (18) years of age on the date of the hunt. For purposes of the youth waterfowl season as established in 50 CFR 20.105, the age of a youth hunter is determined under 50 CFR 20.105.

(f) An individual must not take a migratory bird listed as an endangered species in this rule unless the individual possesses a scientific purposes license under 312 IAC 9-10-6.

(g) An individual must not hunt American woodcock (Scolopax minor) unless that person wears hunter orange.

(h) An individual must not hunt waterfowl while possessing shot, other than steel shot or another nontoxic shot.

(i) An individual must not construct a hunting blind on the water of the state unless the name and address of the individual who constructs the blind is legibly indicated on the blind.

(j) An individual who constructs a hunting blind must cause the removal of the blind from the water of the state from April 1 through August 15.

(k) An individual must not:

(1) construct or place a permanent blind; or

(2) leave a portable blind overnight;

on property owned or leased by the department.

(l) In order to hunt waterfowl, an individual must satisfy all of the following requirements:

(1) Possess one (1) of the following valid Indiana hunting licenses or be exempt from needing a license as authorized in IC 14-22-11-1:

(A) A resident yearly hunting license under IC 14-22-12-1(a)(2).

(B) A resident yearly hunting and fishing license under IC 14-22-12-1(a)(3).

(C) A nonresident yearly hunting license under IC 14-22-12-1(a)(6).

(D) A nonresident five-day hunting license under IC 14-22-12-1(a)(10).

(E) A nonresident youth yearly hunting license under IC 14-22-12-1(a)(25).

(F) A resident youth consolidated hunting and trapping license under IC 14-22-12-1(a)(24) or IC 14-22-11-10(b).

(G) A disabled American veteran's hunting license under IC 14-22-12-1.5.

(H) An apprentice hunting license of the types identified in clauses (A) through (G) under IC 14-22-12-1.7.

(I) A lifetime basic hunting license under IC 14-22-12-7(a)(2).

(J) A lifetime comprehensive hunting license under IC 14-22-12-7(a)(4).

(K) A lifetime comprehensive hunting and fishing license under IC 14-22-12-7(a)(5).

(2) Possess a valid Indiana waterfowl stamp privilege issued under IC 14-22-7-4.

(m) An individual must not possess lead shot while hunting mourning doves on a department property.

(n) An individual may take Eurasian collared doves during the season for hunting mourning doves in accordance with 50 CFR 20. The bag limit for mourning doves does not apply to Eurasian collared doves that are taken as long as the head and a feathered wing are attached. The bag limit for mourning doves does include Eurasian collared doves if the head and feathered wing are not attached.

(o) An individual may take a raptor from the wild only with a:

(1) wild animal rehabilitation permit issued under 312 IAC 9-10-9;

(2) scientific purposes license issued under 312 IAC 9-10-6;

(3) falconry license issued under 312 IAC 9-10-13.1; or

(4) migratory bird depredation permit under IC 14-22-6-3.

(p) An individual may take a live migratory bird, other than a raptor, from the wild only:

(1) with a wild animal rehabilitation permit issued under 312 IAC 9-10-9;

(2) with a scientific purposes license issued under 312 IAC 9-10-6;

(3) with a migratory bird depredation permit under IC 14-22-6-3;

(4) during a hunting season as authorized in this section and 50 CFR 20;

(5) as authorized in 312 IAC 9-4-7.2 and 50 CFR 21.43 for brown-headed cowbird, common grackle, red-winged blackbird, Brewer's blackbird, or American crow taken in accordance with 312 IAC 9-4-7.2 and 50 CFR 21.43; or

(6) as authorized in subsections (t) and (u) for a Canada goose.

(q) An individual may possess, breed, and sell raptors with a raptor propagation permit issued by the U.S. Fish and Wildlife Service in accordance with 50 CFR 21.30 without a permit from the department.

(r) A migratory bird that is taken from the wild may be possessed live only with a:

(1) wild animal rehabilitation permit issued under 312 IAC 9-10-9;

(2) special purpose educational permit issued under 312 IAC 9-10-9.5;

(3) scientific purposes license issued under 312 IAC 9-10-6; or

(4) falconry license issued under 312 IAC 9-10-13.1.

(s) An individual may possess, breed, and sell captive-bred waterfowl in accordance with 50 CFR 21 without a permit from the department.

(t) An individual may take the nest and eggs of Canada geese between March 1 and June 30 in accordance with 50 CFR 21.50 without a permit from the department.

(u) An individual may take a live Canada goose that is causing damage or threatening to cause damage to property or causing a health or safety threat to persons or domestic animals with a permit from the department.

(v) An individual may take a migratory bird that is causing damage to property or posing a health or safety threat to persons or domestic animals with a migratory bird depredation permit issued under IC 14-22-6-3. Exempted from this section is a:

(1) Canada goose, or the nests and eggs thereof, taken in accordance with a hunting season authorized under 50 CFR 20 or subsections (t) and (u);

(2) migratory bird taken during a hunting season in accordance with this section and 50 CFR 20; or

(3) brown-headed cowbird, common grackle, red-winged blackbird, Brewer's blackbird, or American crow taken in accordance with 312 IAC 9-4-7.2 and 50 CFR 21.43.

(w) The nest of a migratory bird may be taken only:

(1) in accordance with subsection (t) or (v);

(2) with a special purpose salvage permit under 312 IAC 9-10-13.5;

(3) with a scientific purposes license issued under 312 IAC 9-10-6; or

(4) if unoccupied by a bird or egg and destroyed or relocated.

(Natural Resources Commission; 312 IAC 9-4-2; filed May 12, 1997, 10:00 a.m.: 20 IR 2708; filed May 28, 1998, 5:14 p.m.: 21 IR 3714; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; filed Jun 23, 2006, 2:24 p.m.: 20060719-IR-312050214FRA; filed Jun 29, 2007, 2:30 p.m.: 20070725-IR-312060272FRA; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Mar 12, 2010, 1:28 p.m.: 20100407-IR-312090479FRA; errata filed Apr 29, 2010, 3:05 p.m.: 20100512-IR-312090479ACA; filed Mar 15, 2013, 2:33 p.m.: 20130410-IR-312120403FRA; filed Sep 13, 2013, 3:02 p.m.: 20131009-IR-312120670FRA)

SECTION 10. 312 IAC 9-4-8 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-4-8 Pheasants

Authority: IC 14-22-2-6

Affected: IC 14-22

Sec. 8. (a) Except as provided in subsection (c), an individual may hunt ring-necked pheasants (Phasianus colchicus) from the first Friday after November 3 and continuing an additional forty-four (44) days. 1 through December 15 of that calendar year.

(b) Except as provided in subsection (d), (c), an individual may take two (2) cock pheasants per day.

(c) An individual may hunt ring-necked pheasants from:

(1) Atterbury;

(2) Crosley;

(3) Glendale;

(4) Jasper-Pulaski;

(5) LaSalle;

(6) Pigeon River (west of State Road 3);

(7) Tri-County;

(8) Willow Slough (north of County Road 100 North); and

(9) Winamac (south of the abandoned C & O Railroad);

Fish and Wildlife Areas and from Huntington Lake from the first Friday after November 3 through January 15 of the following year.

(d) (c) From the Saturday before Thanksgiving through January December 15, of the following year, an individual may take hunt two (2) ring-necked pheasants per day of either sex on Atterbury, Crosley, Pigeon River (west of State Road 3), Tri-County, Glendale, J.E. Roush, Willow Slough (north of County Road 100 North), and Winamac (south of the abandoned C & O Railroad) Fish and Wildlife Areas. and from Huntington Lake. During the season established under this subsection, whenever applicable, a hunter must:

(1) pay designated fees; and

(2) hunt within assigned units.

(e) (d) The head and head plumage of a ring-necked pheasant must remain attached to the carcass while the ring-necked pheasant is in transit from the site of taking.

(Natural Resources Commission; 312 IAC 9-4-8; filed May 12, 1997, 10:00 a.m.: 20 IR 2709; 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 Mar 12, 2010, 1:28 p.m.: 20100407-IR-312090479FRA; filed Sep 13, 2013, 3:02 p.m.: 20131009-IR-312120670FRA)

SECTION 11. 312 IAC 9-4-9 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-4-9 Quail

Authority: IC 14-22-2-6

Affected: IC 14-22

Sec. 9. (a) An individual may hunt northern bobwhite quail (Colinus virginianus) only as follows:

(1) South of State Road 26, Interstate 74, from the first Friday after November 3 1 through January 15 10 of the following year.

(2) North of State Road 26, Interstate 74, from the first Friday after November 3 and continuing an additional forty-four (44) days. 1 through December 15 of that calendar year.

(b) An individual may take the following number of quail per day:

(1) five (5) Four (4) northern bobwhite quail north of State Road 26; and Interstate 74.

(2) Eight (8) northern bobwhite quail south of State Road 26. Interstate 74.

(Natural Resources Commission; 312 IAC 9-4-9; filed May 12, 1997, 10:00 a.m.: 20 IR 2710; filed May 28, 1998, 5:14 p.m.: 21 IR 3715; 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 Mar 12, 2010, 1:28 p.m.: 20100407-IR-312090479FRA; filed Sep 13, 2013, 3:02 p.m.: 20131009-IR-312120670FRA)

SECTION 12. 312 IAC 9-4-14 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-4-14 Endangered species of birds

Authority: IC 14-10-2-4; IC 14-22-2-6; IC 14-22-34-17

Affected: IC 14-22-34-12

Sec. 14. The following species of birds are endangered and are subject to the protections provided under IC 14-22-34-12:

(1) American bittern (Botaurus lentiginosus).

(2) Least bittern (Ixobrychus exilis).

(3) Black-crowned night-heron (Nycticorax nycticorax).

(4) Yellow-crowned night-heron (Nyctanassa violacea).

(5) Trumpeter swan (Cygnus buccinator).

(6) Osprey (Pandion haliaetus).

(7) Northern harrier (Circus cyaneus).

(8) Peregrine falcon (Falco peregrinus).

(9) (8) Black rail (Laterallus jamaicensis).

(10) (9) King rail (Rallus elegans).

(11) (10) Virginia rail (Rallus limicola).

(12) (11) Common moorhen (Gallinula chloropus).

(13) (12) Whooping crane (Grus americana).

(14) (13) Piping plover (Charadrius melodus).

(15) (14) Upland sandpiper (Bartramia longicauda).

(16) (15) Least tern (Sterna antillarum).

(17) (16) Black tern (Chlidonias niger).

(18) (17) Barn owl (Tyto alba).

(19) (18) Short-eared owl (Asio flammeus).

(20) (19) Sedge wren (Cisothorus platensis).

(21) (20) Marsh wren (Cisothorus palustris).

(22) (21) Loggerhead shrike (Lanius ludovicianus).

(23) (22) Cerulean warbler (Dendroica cerulea).

(24) (23) Golden-winged warbler (Vermivora chrysoptera).

(25) (24) Kirtland's warbler (Dendroica kirtlandii).

(26) (25) Henslow's sparrow (Ammodramus henslowii).

(27) (26) Yellow-headed blackbird (Xanthocephalus xanthocephalus).

(Natural Resources Commission; 312 IAC 9-4-14; filed May 12, 1997, 10:00 a.m.: 20 IR 2712; filed May 28, 1998, 5:14 p.m.: 21 IR 3717; filed Dec 26, 2001, 2:40 p.m.: 25 IR 2535; filed May 16, 2002, 12:25 p.m.: 25 IR 3046; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; filed Sep 23, 2004, 3:00 p.m.: 28 IR 542; filed Jun 29, 2007, 2:30 p.m.: 20070725-IR-312060272FRA; filed Apr 1, 2008, 10:28 a.m.: 20080430-IR-312070735FRA; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Sep 13, 2013, 3:02 p.m.: 20131009-IR-312120670FRA)

SECTION 13. 312 IAC 9-7-6 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-7-6 Black bass

Authority: IC 14-10-2-4; IC 14-22-2-6

Affected: IC 14-22

Sec. 6. (a) Except as otherwise provided in this section, an individual may take or possess not more than five (5) black bass in aggregate per day.

(b) An individual may take or possess not more than three (3) black bass from Lake Michigan in aggregate per day. An individual must not possess more than three (3) black bass in aggregate while fishing in or on Lake Michigan.

(c) Except as otherwise provided in this section, an individual must not take or possess a black bass except:

(1) if taken from rivers or streams in Posey, Vanderburgh, Warrick, Spencer, Perry, Crawford, Harrison, Floyd, Clark, Jefferson, Switzerland, Ohio, and Dearborn counties the black bass must be at least twelve (12) inches long;

(2) if taken from rivers or streams, except as stated in subdivision (1), the black bass must be greater than fifteen (15) inches long or less than twelve (12) inches long, with not more than two (2) being greater than fifteen (15) inches; or

(3) if taken from lakes or reservoirs (including Lake Michigan), the black bass must be at least fourteen (14) inches long.

(d) An individual may take or possess largemouth bass of any length in the following lakes:

(1) Brownstown Pit in Jackson County.

(2) Burdette Park Lakes in Vanderburgh County.

(3) Chandler Town Lake in Warrick County.

(4) Cypress Lake in Jackson County.

(5) Deming Park Lakes in Vigo County.

(6) Garvin Park Lake in Vanderburgh County.

(7) Glen Miller Pond in Wayne County.

(8) Hayswood Lake in Harrison County.

(9) Henry County Memorial Park Lake in Henry County.

(10) Hovey Lake in Posey County.

(11) Krannert Lake in Marion County.

(12) Lake Sullivan in Marion County.

(13) Ruster Lake in Marion County.

(14) Schnebelt Pond in Dearborn County.

(e) An individual must not take or possess a largemouth bass unless the largemouth bass is less than twelve (12) inches long or more than fifteen (15) inches long from the following designated lakes:

(1) Buffalo Trace Lake in Harrison County.

(2) Celina Lake in Perry County.

(3) Indian Lake in Perry County.

(4) Saddle Lake in Perry County.

(5) Scales Lake in Warrick County.

(6) (5) Shakamak State Park Lakes in Clay County, Greene County, and Sullivan County.

(7) (6) Tipsaw Lake in Perry County.

(8) (7) Ferdinand State Forest Lake in Dubois County.

(9) (8) Montgomery City Park Lake in Daviess County.

(f) An individual may take or possess not more than one (1) largemouth bass from Turtle Creek Reservoir in Sullivan County. An individual must not take or possess a largemouth bass from Turtle Creek Reservoir unless the largemouth bass is at least twenty (20) inches long.

(g) An individual may take or possess not more than five (5) largemouth bass in aggregate per day from Patoka Lake in Orange, Crawford, and Dubois counties or Dogwood Lake in Daviess County. An individual must not take or possess a largemouth bass from Patoka Lake or Dogwood Lake unless the largemouth bass is at least fifteen (15) inches long.

(h) An individual must not take or possess a largemouth bass from Harden Lake in Parke County unless the largemouth bass is at least sixteen (16) inches long.

(i) An individual must not take or possess more than two (2) largemouth bass per day, and an individual must not take or possess a largemouth bass unless the largemouth bass is at least eighteen (18) inches long from the following designated waters:

(1) Tri-County State Fish and Wildlife Area.

(2) Robinson Lake in Whitley County and Kosciusko County.

(3) Ball Lake in Steuben County.

(4) Gibson Lake in Gibson County.

(5) (4) Loon Pit at Blue Grass Fish and Wildlife Area in Warrick County.

(6) (5) Bluegrass Pit at Blue Grass Fish and Wildlife Area in Warrick County.

(7) (6) J. C. Murphey Lake at Willow Slough Fish and Wildlife Area in Newton County.

(j) An individual must not take or possess more than five (5) black bass in aggregate per day from the Blue River located in Crawford and Harrison counties and Big Long Lake in LaGrange County. Each black bass taken from the Blue River in Crawford and Harrison counties and Big Long Lake in LaGrange County must be less than twelve (12) inches long or more than fifteen (15) inches long but not more than two (2) per day can be taken that are longer than fifteen (15) inches.

(k) An individual may take or possess not more than one (1) black bass from Sugar Creek located in Parke, Montgomery, Boone, Clinton, and Tipton counties per day and the black bass must be at least twenty (20) inches long.

(l) If this section prohibits an individual from taking or possessing a black bass from a specified water of the state, an individual must not possess a black bass of the prohibited class on or adjacent to the specified water of the state.

(Natural Resources Commission; 312 IAC 9-7-6; filed May 12, 1997, 10:00 a.m.: 20 IR 2718; filed May 28, 1998, 5:14 p.m.: 21 IR 3721; filed Dec 26, 2001, 2:40 p.m.: 25 IR 1539; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; filed Sep 23, 2004, 3:00 p.m.: 28 IR 549; filed Feb 27, 2007, 2:25 p.m.: 20070328-IR-312060262FRA; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Jul 6, 2010, 1:55 p.m.: 20100804-IR-312090616FRA; filed Apr 25, 2012, 3:48 p.m.: 20120523-IR-312110358FRA; errata filed Jun 4, 2012, 3:20 p.m.: 20120613-IR-312120283ACA; filed Sep 13, 2013, 3:02 p.m.: 20131009-IR-312120670FRA)

SECTION 14. 312 IAC 9-7-12 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-7-12 Walleye; sauger; saugeye

Authority: IC 14-10-2-4; IC 14-22-2-6

Affected: IC 14-22

Sec. 12. (a) Except as provided in subsection (d), an individual may take or possess not more than six (6) of any combination of walleye, sauger, or saugeye per day.

(b) Except on the Ohio River, and as provided in subsection subsections (c) and (d), an individual must not take or possess a walleye or saugeye unless it is at least fourteen (14) inches long.

(c) An individual must not take or possess a walleye from the St. Joseph River in St. Joseph County or Elkhart County or from the Elkhart River from its confluence with the St. Joseph River to the first dam in Elkhart County unless the walleye is at least fifteen (15) inches long.

(d) An individual must not take or possess a walleye from Wall Lake in LaGrange County unless it is at least sixteen (16) inches long and take not more than two (2) per day.

(Natural Resources Commission; 312 IAC 9-7-12; filed May 12, 1997, 10:00 a.m.: 20 IR 2719; filed Dec 26, 2001, 2:40 p.m.: 25 IR 1540; 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; filed Mar 15, 2013, 2:33 p.m.: 20130410-IR-312120403FRA; filed Sep 13, 2013, 3:02 p.m.: 20131009-IR-312120670FRA)

SECTION 15. 312 IAC 9-7-14 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-7-14 Fish with no bag limit, possession limit, or size limit

Authority: IC 14-10-2-4; IC 14-22-2-6

Affected: IC 14-22

Sec. 14. (a) There is no bag limit, possession limit, or size limit for the following:

(1) Alewife.

(2) American eel.

(3) Bluegill.

(4) Bowfin.

(5) Buffalo.

(6) Bullhead.

(7) Carp.

(8) Chain pickerel.

(9) Chub.

(10) Cisco.

(11) Gar.

(12) Gizzard shad.

(13) Lake herring.

(14) Lake whitefish.

(15) (14) Shad.

(16) (15) Smelt.

(17) (16) Sucker.

(18) (17) Yellow bass.

(b) Notwithstanding subsection (a), an individual may take not more than twenty-five (25) of any combination of bluegill, redear sunfish, and crappie per day from J. C. Murphey Lake at Willow Slough Fish and Wildlife Area in Newton County.

(c) If a bowfin contains roe, the roe must remain intact and inside the body of the fish while on the body of water or adjacent to the water being fished, and until processing of the fish begins.

(d) An individual must not:

(1) screen;

(2) wash;

(3) otherwise process;

(4) preserve;

(5) store;

(6) maintain possession;

(7) gift to any other individual;

(8) sell; or

(9) transport;

roe removed from a bowfin without a roe harvester's license issued under 312 IAC 9-8-7.

(Natural Resources Commission; 312 IAC 9-7-14; filed May 12, 1997, 10:00 a.m.: 20 IR 2720; filed May 28, 1998, 5:14 p.m.: 21 IR 3723; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; filed Feb 27, 2007, 2:25 p.m.: 20070328-IR-312060262FRA; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Jul 6, 2010, 1:55 p.m.: 20100804-IR-312090616FRA; filed Sep 13, 2013, 3:02 p.m.: 20131009-IR-312120670FRA)

SECTION 16. 312 IAC 9-7-20 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-7-20 Shovelnose sturgeon

Authority: IC 14-10-2-4; IC 14-22-2-6

Affected: IC 14-22

Sec. 20. (a) An individual must not take or possess a shovelnose sturgeon unless the shovelnose sturgeon is at least twenty-five (25) inches in fork length.

(b) Notwithstanding subsection (a), if a shovelnose sturgeon contains roe, the roe must remain intact and inside the body of the fish while on the body of water or adjacent to the water being fished, and until processing of the fish begins.

(c) An individual must not:

(1) screen;

(2) wash;

(3) otherwise process;

(4) preserve;

(5) store;

(6) maintain possession;

(7) gift to any other individual;

(8) sell; or

(9) transport;

roe removed from a shovelnose sturgeon without a roe harvester's license issued under 312 IAC 9-8-7.

(Natural Resources Commission; 312 IAC 9-7-20; filed Feb 27, 2007, 2:25 p.m.: 20070328-IR-312060262FRA; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Jul 6, 2010, 1:55 p.m.: 20100804-IR-312090616FRA; filed Sep 13, 2013, 3:02 p.m.: 20131009-IR-312120670FRA)

SECTION 17. 312 IAC 9-7-21 IS ADDED TO READ AS FOLLOWS:

312 IAC 9-7-21 Lake whitefish

Authority: IC 14-10-2-4; IC 14-22-2-6

Affected: IC 14-22

Sec. 21. An individual may take or possess not more than twelve (12) lake whitefish per calendar day.

(Natural Resources Commission; 312 IAC 9-7-21; filed Sep 13, 2013, 3:02 p.m.: 20131009-IR-312120670FRA)

SECTION 18. 312 IAC 9-9-4 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-9-4 Endangered species of invertebrates

Authority: IC 14-10-2-4; IC 14-22-2-6; IC 14-22-34-17

Affected: IC 14-22-34-12

Sec. 4. The following species of invertebrates are endangered and are subject to the protections provided under IC 14-22-34-12:

(1) Rabbitsfoot (Quadrula cylindrica cylindrica).

(2) Sheepnose (Plethobasus cyphyus).

(3) Clubshell (Pleurobema clava).

(4) Pyramid pigtoe (Pleurobema rubrum).

(5) Fanshell (Cyprogenia stegaria).

(6) Snuffbox (Epioblasma triquetra).

(7) Orangefoot pimpleback (Plethobasus cooperianus).

(8) Pink mucket (Lampsilis abrupta).

(9) Fat pocketbook (Potamilus capax).

(10) Rough pigtoe (Pleurobema plenum).

(11) Tubercled blossom (Epioblasma torulosa torulosa).

(12) White catspaw (Epioblasma obliquata perobliqua).

(13) Northern riffleshell (Epioblasma torulosa rangiana).

(14) Longsolid (Fusconaia subrotunda).

(15) White wartyback (Plethobasus cicatricosus).

(16) Rayed bean (Villosa fabalis).

(17) Round hickorynut (Obovaria subrotunda).

(Natural Resources Commission; 312 IAC 9-9-4; filed May 12, 1997, 10:00 a.m.: 20 IR 2727; filed May 16, 2002, 12:25 p.m.: 25 IR 3049; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; filed Jun 29, 2007, 2:30 p.m.: 20070725-IR-312060272FRA; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Mar 15, 2013, 2:33 p.m.: 20130410-IR-312120403FRA; filed Sep 13, 2013, 3:02 p.m.: 20131009-IR-312120670FRA)

LSA Document #12-670(F)

Notice of Intent: 20130102-IR-312120670NIA

Proposed Rule: 20130515-IR-312120670PRA

Hearing Held: June 10, 2013, and June 13, 2013

Approved by Attorney General: September 10, 2013

Approved by Governor: September 13, 2013

Filed with Publisher: September 13, 2013, 3:02 p.m.

Documents Incorporated by Reference: None Received by Publisher

Small Business Regulatory Coordinator: Linnea Petercheff, Staff Specialist, Division of Fish and Wildlife, Department of Natural Resources, 402 West Washington Street, Room W273, Indianapolis, IN 46204, [phone], [e-mail]

Posted: 10/09/2013 by Legislative Services Agency

DIN: 20131009-IR-312120670FRA

Composed: Nov 01,2016 1:40:54AM EDT

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