20150325-IR-312140341FRA Amends 312 IAC 9-2-3 to allow the sale of squirrel hides and any portion of a river otter. Amends 312 IAC 9-3-18.2 to establish a trapping season for river otters. Amends 312 IAC 9-3-18.4 to remove t...

TITLE 312 NATURAL RESOURCES COMMISSION

Final Rule LSA Document #14-341(F)

DIGEST

Amends 312 IAC 9-2-3 to allow the sale of squirrel hides and any portion of a river otter. Amends 312 IAC 9-3-18.2 to establish a trapping season for river otters. Amends 312 IAC 9-3-18.4 to remove the references to river otters. Amends 312 IAC 9-10-12 governing fur buyers' licenses. Effective 30 days after filing with the Publisher.

312 IAC 9-2-3; 312 IAC 9-3-18.2; 312 IAC 9-3-18.4; 312 IAC 9-10-12

SECTION 1. 312 IAC 9-2-3 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-2-3 Application of this article to wild animal parts

Authority: IC 14-22-2-6

Affected: IC 14-22

Sec. 3. (a) Except as provided in subsection (b), a prohibition against the:

(1) possession;

(2) sale;

(3) offer for sale;

(4) purchase;

(5) offer for purchase;

(6) shipment;

(7) transportation;

(8) delivery; or

(9) receipt;

of a wild animal also applies to any part or portion of that wild animal.

(b) The prohibition established under subsection (a) does not apply to the following parts of wild animals taken lawfully:

(1) Tanned hides.

(2) Any portion of a furbearer. furbearing mammal.

(3) Cured feathers.

(4) Squirrel tails.

(5) Untanned deer hides.

(6) Antlers.

(7) Hooves.

(8) Any portion of a river otter.

(9) Untanned squirrel hides.

(Natural Resources Commission; 312 IAC 9-2-3; filed May 12, 1997, 10:00 a.m.: 20 IR 2700; filed May 28, 1998, 5:14 p.m.: 21 IR 3712; 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; readopted filed May 20, 2014, 9:43 a.m.: 20140618-IR-312140017RFA; filed Feb 26, 2015, 2:01 p.m.: 20150325-IR-312140341FRA)

SECTION 2. 312 IAC 9-3-18.2 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-3-18.2 River otters

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

Affected: IC 14-22

Sec. 18.2. (a) A person must not take An individual may trap a river otter (Lutra canadensis) except with one (1) of the following:

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

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

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.

(b) (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.

(c) (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)

SECTION 3. 312 IAC 9-3-18.4 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-3-18.4 Possession and sale of bobcats and badgers

Authority: IC 14-22-2-6

Affected: IC 14-22

Sec. 18.4. (a) A person must not possess or sell a carcass, hide, or any part of a bobcat river otter, or badger unless the person meets one (1) of the following requirements:

(1) The person possesses satisfactory documentation that the carcass, hide, or part was lawfully acquired. Satisfactory documentation must include one (1) or more of the following:

(A) A legible copy of any of the following:

(i) A tag.

(ii) A receipt.

(iii) A hunting license.

(iv) A trapping license.

(v) A permit.

(vi) Other appropriate record from the state or country where the animal, including any part or portion of the animal, was acquired.

(B) A receipt from either of the following:

(i) A fur buyer licensed under 312 IAC 9-10-12.

(ii) A taxidermist licensed under 312 IAC 9-10-5.

(2) The person obtains the:

(A) carcass;

(B) hide; or

(C) part;

from the director or his designee with written permission.

(b) In addition to subsection (a), a person must not possess a carcass or untanned hide of a

(1) bobcat

(2) river otter; or

(3) badger

for more than fourteen (14) days unless the person is a fur buyer licensed under 312 IAC 9-10-12.

(c) A fur buyer licensed under 312 IAC 9-10-12, or a taxidermist licensed under 312 IAC 9-10-5, who sells:

(1) a carcass;

(2) a hide; or

(3) any part;

of a bobcat river otter, or badger must provide the purchaser with the documentation described in subsection (a). A purchaser who relies in good faith upon the documentation may offer it as an affirmative defense to an infraction or civil penalty alleging a violation of subsection (a).

(Natural Resources Commission; 312 IAC 9-3-18.4; filed Jun 23, 2006, 2:24 p.m.: 20060719-IR-312050214FRA; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; readopted filed May 20, 2014, 9:43 a.m.: 20140618-IR-312140017RFA; filed Feb 26, 2015, 2:01 p.m.: 20150325-IR-312140341FRA)

SECTION 4. 312 IAC 9-10-12 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-10-12 Fur buyers' licenses

Authority: IC 14-11-2-1; IC 14-22-2-6; IC 14-22-19

Affected: IC 14-22-19-3

Sec. 12. (a) This section applies to a person who is issued a fur buyer's license under IC 14-22-19-3.

(b) A fur buyer's license must be obtained under this section before a person engages in the business of buying furbearing mammals, river otters, badgers, and bobcats or the untanned hides, skins, or furs of furbearing mammals, river otters, badgers, and bobcats in Indiana.

(c) A person shall make application for a license under this section on a departmental form.

(d) Except as otherwise provided in this subsection, a licensed fur buyer may possess the carcasses and untanned hides of:

(1) furbearing mammals;

(2) river otters;

(3) badgers; and

(4) bobcats;

that are lawfully taken in season for not more than sixty (60) days after the last day of that season; and (2) bobcats, river otters, and badgers, for not more than sixty (60) days from receipt of the carcass or untanned hide. until June 30 of the year the license expires.

(e) A licensed fur buyer must do the following:

(1) Not possess the carcass or untanned hide or any part of a bobcat river otter, or badger unless the carcass, untanned hide, or part was lawfully acquired outside Indiana.

(2) Document the date and method of lawful acquisition of each untanned hide or carcass of a bobcat and badger by obtaining from the seller a legible copy of any:

(A) tag;

(B) receipt;

(C) hunting license;

(D) trapping license;

(E) permit; or

(F) other appropriate record;

from the state or country where the animal, including any part or portion of the animal, was acquired.

(3) Record the date and method of lawful acquisition of each untanned hide or carcass of a wild animal other than a bobcat and badger.

(f) Notwithstanding subsection (b), A licensed fur buyer may as authorized by the division director, possess a carcass or untanned hide in excess of sixty (60) days after the:

(1) close of a season; or

(2) receipt of a carcass or untanned hide of a bobcat, river otter, or badger;

June 30 of the year the license expires upon the submission of a signed report to the department by June 30 identifying the species, number, and location of furs or carcasses are kept.

(g) A licensed fur buyer must issue a valid, dated receipt for any wild animal that is sold, traded, bartered, or gifted. The receipt must include the following information:

(1) The fur buyer's license number.

(2) The buyer's and the seller's names and addresses.

(3) The:

(A) number; and

(B) species;

of animals sold.

(h) A conservation officer may, at any reasonable time, inspect the records, hides, and carcasses of wild animals possessed by a licensed fur buyer.

(Natural Resources Commission; 312 IAC 9-10-12; filed May 12, 1997, 10:00 a.m.: 20 IR 2732; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; filed Jun 23, 2006, 2:24 p.m.: 20060719-IR-312050214FRA; 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; filed Feb 26, 2015, 2:01 p.m.: 20150325-IR-312140341FRA)

LSA Document #14-341(F)

Notice of Intent: 20140827-IR-312140341NIA

Proposed Rule: 20141112-IR-312140341PRA

Hearing Held: December 11, 2014

Approved by Attorney General: February 20, 2015

Approved by Governor: February 25, 2015

Filed with Publisher: February 26, 2015, 2:01 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, Indiana Government Center South, 402 West Washington Street, Room W273, Indianapolis, IN 46204, [phone], [e-mail]

Posted: 03/25/2015 by Legislative Services Agency

DIN: 20150325-IR-312140341FRA

Composed: Nov 01,2016 1:59:50AM EDT

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