20060705-IR-312060197ERA Temporarily modifies 312 IAC 9-4-2 and 312 IAC 9-10-11, governing the taking, possession, and sale of mute swans, to authorize a person to possess and sell mute swans in Indiana and to authorize the ...  

  • TITLE 312 NATURAL RESOURCES COMMISSION

    Emergency Rule
    LSA Document #06-197(E)

    DIGEST

    Temporarily modifies 312 IAC 9-4-2 and 312 IAC 9-10-11, governing the taking, possession, and sale of mute swans, to authorize a person to possess and sell mute swans in Indiana and to authorize the department to issue a nuisance wild animal control permit to take a mute swan. Effective June 27, 2006.


    SECTION 1. (a) This SECTION is supplemental to 312 IAC 9-4-2.

    (b) A person may possess a live mute swan only if each of the following is satisfied:
    (1) The swan is pinioned prior to six (6) weeks of age.
    (2) The swan is in an enclosure that prevents its escape into the wild.

    (c) A wing of each swan must be pinioned so the:
    (1) metacarpal bones of one (1) wing or a portion of the metacarpal bones are removed; and
    (2) swan is permanently incapable of flight.

    (d) A person may sell a live mute swan only if each of the following is satisfied:
    (1) The swan is pinioned by the age of six (6) weeks.
    (2) The swan is not released into the wild and will be held in an enclosure that prevents its escape into the wild.
    (3) The person keeps an inventory of the number of mute swans possessed, including all swans that [sic., are] born or die, and all transactions by which a mute swan is sold, traded, loaned, bartered, or given to another person. The person must issue a valid, dated receipt for all mute swans sold, traded, bartered, or gifted and include the following information:
    (A) Name and address of the buyer or person to whom the mute swans were gifted.
    (B) Name and address of the seller.
    (C) Number of mute swans sold.
    (D) Date sold.

    (e) A person is exempt from registration under the Harvest Information Program when taking a mute swan under the authority of 312 IAC 9-10-11.

    SECTION 2. (a) Notwithstanding 312 IAC 9-10-11(n), the department of natural resources may issue a nuisance wild animal control permit to take a mute swan only if one (1) of the following is satisfied:
    (1) The permit holder is a resident landowner or tenant of the property where the mute swan will be taken.
    (2) The permit holder has obtained approval from a conservation officer or a wildlife biologist employed by the department to take the mute swan.

    (b) An employee of the department may take a mute swan upon authorization of the director or the director's designee.

    LSA Document #06-197(E)
    Filed with Secretary of State: June 27, 2006, 10:30 a.m.

    Posted: 07/05/2006 by Legislative Services Agency

    DIN: 20060705-IR-312060197ERA
    Composed: Oct 31,2016 11:26:47PM EDT
    A PDF version of this document.

Document Information

Rules:
312IAC9-4-2
312IAC9-10-11