CHAPTER 10. WILDLIFE REGULATION
IC 14-22-10
Chapter 10. Wildlife Regulation
IC 14-22-10-1
Consent to use private land
Sec. 1. A person may not:
(1) fish, hunt, trap, or chase;
(2) shoot with any kind of firearm or archery equipment;
(3) search for or gather any plant life (defined as the membersof the kingdoms Fungi and Plantae); or
(4) search for or gather any artifacts (as defined inIC 14-21-1-2);
upon privately owned land without having the consent of the owneror tenant of the land.
As added by P.L.1-1995, SEC.15. Amended by P.L.186-2003,SEC.59.
IC 14-22-10-2
Restrictions on landowner liability to recreational users
Sec. 2. (a) As used in this section and section 2.5 of this chapter,"governmental entity" means any of the following:
(1) The government of the United States of America.
(2) The state of Indiana.
(3) A county.
(4) A city.
(5) A town.
(6) A township.
(7) The following, if created by the Constitution of the UnitedStates, the Constitution of the State of Indiana, a statute, anordinance, a rule, or an order:
(A) An agency.
(B) A board.
(C) A commission.
(D) A committee.
(E) A council.
(F) A department.
(G) A district.
(H) A public body corporate and politic.
(b) As used in this section and section 2.5 of this chapter,"monetary consideration" means a fee or other charge for permissionto go upon a tract of land. The term does not include:
(1) the gratuitous sharing of game, fish, or other products of therecreational use of the land;
(2) services rendered for the purpose of wildlife management;or
(3) contributions in kind made for the purpose of wildlifemanagement.
(c) As used in this section and section 2.5 of this chapter, "owner"means a governmental entity or another person that:
(1) has a fee interest in; (2) is a tenant, a lessee, or an occupant of; or
(3) is in control of;
a tract of land.
(d) A person who goes upon or through the premises, includingcaves, of another:
(1) with or without permission; and
(2) either:
(A) without the payment of monetary consideration; or
(B) with the payment of monetary consideration directly orindirectly on the person's behalf by an agency of the state orfederal government;
for the purpose of swimming, camping, hiking, sightseeing, or anyother purpose (other than the purposes described in section 2.5 ofthis chapter) does not have an assurance that the premises are safe forthe purpose.
(e) The owner of the premises does not:
(1) assume responsibility; or
(2) incur liability;
for an injury to a person or property caused by an act or failure to actof other persons using the premises.
(f) This section does not affect the following:
(1) Existing Indiana case law on the liability of owners orpossessors of premises with respect to the following:
(A) Business invitees in commercial establishments.
(B) Invited guests.
(2) The attractive nuisance doctrine.
(g) This section does not excuse the owner or occupant ofpremises from liability for injury to a person or property caused bya malicious or an illegal act of the owner or occupant.
As added by P.L.1-1995, SEC.15. Amended by P.L.178-1995, SEC.3;P.L.138-1997, SEC.2; P.L.75-1998, SEC.2.
IC 14-22-10-2.5
Restrictions on landowner liability to hunters, fishers, and trappers
Sec. 2.5. (a) A person who goes upon or through the premises,including caves, of another:
(1) with or without permission; and
(2) either:
(A) without the payment of monetary consideration; or
(B) with the payment of monetary consideration directly orindirectly on the person's behalf by an agency of the state orfederal government;
for the purpose of hunting, fishing, trapping, or preparing to hunt,fish, or trap, does not have an assurance that the premises are safe forthat purpose.
(b) The owner of the premises does not:
(1) assume responsibility; or
(2) incur liability;
for an injury to a person or property caused by an act or failure to actof other persons using the premises. (c) This section does not affect Indiana case law on the liabilityof owners or possessors of premises with respect to the following:
(1) Business invitees in commercial establishments.
(2) The attractive nuisance doctrine.
(d) This section does not excuse the owner or occupant ofpremises from liability for injury to a person or property caused bya malicious or an illegal act of the owner or occupant.
As added by P.L.75-1998, SEC.3.
IC 14-22-10-3
Transportation of fish and game outside state
Sec. 3. (a) A person may not take, carry, ship, transport, or acceptfor shipment or transportation outside Indiana a wild animalprotected by Indiana law, except as provided in this article.
(b) A person having a license to use a commercial fishing devicein Indiana may ship, carry, or transport outside Indiana fish that theperson has legally taken or caught by the commercial fishing device.
(c) A person having a license to hunt, trap, or fish in Indiana maydo the following:
(1) Carry, transport, or ship outside Indiana, in open season, inone (1) day, a wild animal that the person has legally taken inopen season, not to exceed in number the possession limit of thewild animal.
(2) Ship, carry, or take outside Indiana in one (1) week morethan two (2) times the possession limit for the wild animal.
(d) Hides and furs of furbearing animals legally taken in openseason may be shipped or carried outside Indiana in any number:
(1) during the open season; or
(2) within five (5) days after the last day of the open season.
(e) A person having a breeder's license may ship, carry, ortransport outside Indiana a wild animal that the person has legallypossessed under the breeder's license in Indiana.
(f) A person may not ship, carry, or transport or accept fortransportation or shipment to a place in Indiana or outside Indiana awild animal unless the wild animal is enclosed in a package orcontainer on which there is clearly, legibly, and conspicuouslymarked on the outside of the package or container the followinginformation:
(1) The name and address of the shipper and the consignee.
(2) An accurate statement of the number or quantities and kindsof wild animals contained.
The shipper shall produce the license required under this articleauthorizing the person to take or possess the wild animal. If the wildanimal is carried by the licensee personally, the wild animal shall becarried openly for inspection, together with the license.
(g) A person having a mussel buyer's license may ship legallytaken mussels or mussel shells outside Indiana.
As added by P.L.1-1995, SEC.15.
IC 14-22-10-4 Possession of fish or game taken in foreign nation or state
Sec. 4. (a) A resident of Indiana who has a nonresident hunting orfishing license issued by another state or country may possess inIndiana the number of wild animals that the resident could and didlegally kill, take, and possess under authority of the nonresidentlicense in the state or country issuing the license, under the rulesprovided in this article.
(b) A person may not possess a wild animal taken, killed, andpossessed in another state or country if the taking, killing, orpossession of the wild animal is illegal in the state or country issuingthe nonresident license.
As added by P.L.1-1995, SEC.15.
IC 14-22-10-5
Wild animals illegally taken or accidentally killed
Sec. 5. The title to a wild animal illegally taken or accidentallykilled in violation of this article or IC 14-2 (before its repeal) doesnot vest in the taker of the wild animal, but remains in the state. Thedirector shall do the following:
(1) Seize and confiscate the wild animal in the name of the stateof Indiana.
(2) Sell or dispose of the wild animal.
(3) Deposit proceeds, if any, into the fish and wildlife fund.
As added by P.L.1-1995, SEC.15.
IC 14-22-10-6
Liability for destruction of wild animals by pollutant
Sec. 6. (a) A person who, whether or not the person has beenissued a certificate of approval, license, permit, or other document ofapproval authorized by this article or any other Indiana law,discharges, sprays, or releases waste materials, chemicals, or othersubstances:
(1) either accidentally, negligently, or willfully;
(2) in any quantity, concentration, or manner onto or in anywater of Indiana, the boundary waters of the state, or onto or inpublic or private land; and
(3) so that wild animals are killed as a result;
is responsible for the kill.
(b) The director shall, in the name of the state, recover damagesfrom the person. Upon receipt of the estimates of the damagescaused, the director shall notify the attorney general.
(c) The attorney general shall notify the persons responsible forthe destruction of wild animals in question and may effect asettlement that the attorney general and the director consider properand reasonable. If a settlement is not reached within a reasonabletime, the attorney general shall bring a civil action to recover thedamage in an appropriate court in the county in which the dischargeof material responsible for the death of wild animals took place.
(d) The proceeds of a recovery shall be used to replace, as far asand as promptly as possible, in whatever manner the director
considers proper, the wild animal population or habitat in the watersor lands in question. If the improvement of the wild animalpopulation or habitat in question is not practicable, the proceeds shallbe deposited into the fish and wildlife fund.
As added by P.L.1-1995, SEC.15.
IC 14-22-10-7
Effort to retrieve crippled or killed wild animals
Sec. 7. A person may not kill or cripple a wild animal withoutmaking a reasonable effort to retrieve the animal and include theanimal in the person's daily bag limit.
As added by P.L.1-1995, SEC.15.
IC 14-22-10-8
Fish and game preserves
Sec. 8. (a) The director may designate and set aside waterscontaining state owned fish and waters of the state (including anypart of the boundary waters of the state) for the purpose ofimprovement and propagation of the wild animal population. Thedirector shall designate the general extent and limits or periphery byerecting appropriate signs.
(b) A person may not remove or disturb the signs erected undersubsection (a) without authorization.
(c) A person may not take, catch, kill, or pursue for the purposeof taking, catching, or killing a wild animal from a designated areaduring the time the area is designated.
As added by P.L.1-1995, SEC.15.
IC 14-22-10-9
Interstate agreements on boundary waters
Sec. 9. (a) If necessary for the better protection of wild animals inor on the boundary waters of the state, the director may enter into aninterstate agreement or compact for and in behalf of the state withany other state bordering the waters through the administrative orexecutive officer granted similar power by the other state'slegislature.
(b) An agreement or a compact may establish the following:
(1) Uniform open seasons on the animals in or on the water.
(2) Uniform restrictions on the type and amount of gear and themethod of use.
(3) Uniform restrictions for weights or size of wild animalstaken.
(4) Uniform method of measurement of mesh.
(5) Any other restriction on gear used or the possession or saleof wild animals taken from the water, if the restrictions are forthe better protection of the wild animals in the water.
As added by P.L.1-1995, SEC.15.
IC 14-22-10-10
State as sole regulator Sec. 10. (a) Except as provided in subsection (b), the state is thesole regulator of the trapping of wild animals in Indiana, andtrapping is regulated only by:
(1) statutes; and
(2) rules adopted under IC 4-22-2 by authority of statute.
(b) A unit of local government may not regulate in any way thetrapping of wild animals, except for the trapping of wild animals onor in land, buildings, or other real property that is owned by the unitof local government.
As added by P.L.52-2001, SEC.5.
IC 14-22-10-11
Regulation of raptors
Sec. 11. (a) As used in this section, "raptor" means a livemigratory bird of the order Falconiformes or the order Strigiformes,other than a bald eagle (Haliaeetus leucocephalus) or a golden eagle(Aquila chrysaetos).
(b) Except as provided in subsection (c), a unit of localgovernment may not regulate in any way the ownership, possession,sale, transfer, or transportation of a raptor while Indiana is on the listof states meeting federal falconry standards maintained under 50CFR 21.29(k).
(c) Subsection (b) does not apply to raptors on or in land,buildings, or other real property, other than a highway or publichighway, that is owned by a unit of local government.
As added by P.L.52-2001, SEC.6.