CHAPTER 34. NONGAME AND ENDANGERED SPECIES CONSERVATION
IC 14-22-34
Chapter 34. Nongame and Endangered Species Conservation
IC 14-22-34-1
"Endangered species" defined
Sec. 1. (a) As used in this chapter, "endangered species" meansany species or subspecies of wildlife whose prospects of survival orrecruitment within Indiana are in jeopardy or are likely within theforeseeable future to become so due to any of the following factors:
(1) The destruction, drastic modification, or severe curtailmentof the habitat of the wildlife.
(2) The overutilization of the wildlife for scientific,commercial, or sporting purposes.
(3) The effect on the wildlife of disease, pollution, or predation.
(4) Other natural or manmade factors affecting the prospects ofsurvival or recruitment within Indiana.
(5) Any combination of the factors described in subdivisions (1)through (4).
(b) The term includes the following:
(1) Any species or subspecies of fish or wildlife appearing onthe United States list of endangered native fish and wildlife (50CFR 17, Appendix D).
(2) Any species or subspecies of fish and wildlife appearing onthe United States list of endangered foreign fish and wildlife(50 CFR 17, Appendix A).
As added by P.L.1-1995, SEC.15.
IC 14-22-34-2
"Fund" defined
Sec. 2. As used in this chapter, "fund" refers to the nongame fundestablished by this chapter.
As added by P.L.1-1995, SEC.15.
IC 14-22-34-3
"Management" defined
Sec. 3. (a) As used in this chapter, "management" means thecollection and application of biological information for the purposesof increasing the number of individuals within species andpopulations of wildlife up to the optimum carrying capacity of theirhabitat and maintaining those levels.
(b) The term includes the following:
(1) The entire range of activities that constitute a modernscientific resource program, including research, census, lawenforcement, habitat acquisition and improvement, andeducation.
(2) When and where appropriate, the periodic or total protectionof species or populations as well as regulated taking.
As added by P.L.1-1995, SEC.15.
IC 14-22-34-4 "Nongame species" defined
Sec. 4. As used in this chapter, "nongame species" means anywild mammal, bird, amphibian, reptile, fish, mollusk, crustacean, orother wild animal not otherwise legally classified by Indiana statuteor rule.
As added by P.L.1-1995, SEC.15.
IC 14-22-34-5
"Take" defined
Sec. 5. As used in this chapter, "take" means to:
(1) harass, hunt, capture, or kill; or
(2) attempt to harass, hunt, capture, or kill;
wildlife.
As added by P.L.1-1995, SEC.15.
IC 14-22-34-6
"Wildlife" defined
Sec. 6. As used in this chapter, "wildlife" means:
(1) any wild mammal, bird, reptile, amphibian, fish, mollusk,crustacean, or other wild animal; or
(2) any part, product, egg or offspring, or the dead body or partsof the wild animal.
As added by P.L.1-1995, SEC.15.
IC 14-22-34-7
Investigations of nongame species; adoption of rules
Sec. 7. (a) The director shall conduct investigations on nongamespecies to determine the species that are in need of management. Thedirector may consider information relating to the following:
(1) Population.
(2) Distribution.
(3) Habitat needs.
(4) Limiting factors.
(5) Other biological and ecological data.
(b) On the basis of the determination made under subsection (a),the director shall adopt rules that do the following:
(1) Designate the species or subspecies of nongame species thatthe director considers in need of management under thissection, giving the common and scientific names by species andsubspecies.
(2) Develop management programs designed to ensure thecontinued ability of nongame species in need of management toperpetuate themselves successfully.
(c) The director shall conduct ongoing investigations of nongamespecies to determine if the rules need to be amended.
As added by P.L.1-1995, SEC.15.
IC 14-22-34-8
Limits on taking or possession of nongame species
Sec. 8. The director shall adopt rules to establish proposed
limitations relating to:
(1) taking;
(2) possession;
(3) transportation;
(4) exportation;
(5) use;
(6) processing;
(7) sale or offer for sale; or
(8) shipment;
of nongame species that are considered necessary to manage thespecies.
As added by P.L.1-1995, SEC.15.
IC 14-22-34-9
Unlawful taking or possession of nongame species
Sec. 9. Except as provided in rules adopted by the director:
(1) a person may not take, possess, transport, export, process,sell, or offer for sale or shipment nongame species consideredby the director to be in need of management under this section;and
(2) a common or contract carrier may not knowingly transportor receive for shipment nongame species considered by thedirector to be in need of management under this section.
As added by P.L.1-1995, SEC.15.
IC 14-22-34-10
Endangered species list
Sec. 10. On the basis of:
(1) investigations on nongame species required by section 7 ofthis chapter; and
(2) other available scientific and commercial data;
and after consultation with other state wildlife agencies, appropriatefederal agencies, and other interested persons and organizations, thedirector shall adopt rules to propose a list of those species andsubspecies of wildlife indigenous to Indiana that are determined tobe endangered in Indiana, giving the common and scientific namesby species and subspecies.
As added by P.L.1-1995, SEC.15.
IC 14-22-34-11
Review of endangered species list
Sec. 11. (a) The director:
(1) shall conduct a review of the state list of endangered speciesat least every two (2) years; and
(2) may amend the list by the additions or deletions that areconsidered appropriate.
(b) The director shall submit to the governor a summary report ofthe data used in support of all amendments to the state list during thepreceding biennium.
As added by P.L.1-1995, SEC.15.
IC 14-22-34-12
Unlawful taking or possession of endangered species
Sec. 12. (a) Except as otherwise provided in this chapter, a personmay not take, possess, transport, export, process, sell or offer forsale, or ship, and a common or contract carrier may not knowinglytransport or receive for shipment a species or subspecies of wildlifeappearing on any of the following:
(1) The list of wildlife indigenous to Indiana determined to beendangered in Indiana under this chapter.
(2) The United States list of endangered wildlife (50 CFR17.11) as in effect on January 1, 1979.
(3) The list of endangered species developed under section 13of this chapter.
(b) A species or subspecies of wildlife appearing on a listdescribed in subsection (a) that:
(1) enters Indiana from another state or from a point outside theterritorial limits of the United States; and
(2) is transported across Indiana destined for a point beyondIndiana;
may be so entered and transported without restriction in accordancewith the terms of a federal permit or permit issued under the laws ofanother state.
(c) A person who:
(1) violates subsection (a) or (b); or
(2) fails to procure or violates the terms of a permit issuedunder:
(A) section 15 of this chapter; or
(B) section 16 of this chapter;
commits a Class A misdemeanor.
As added by P.L.1-1995, SEC.15.
IC 14-22-34-13
Additions to endangered species list
Sec. 13. If in the determination of the director a species:
(1) should be designated endangered; and
(2) has not been designated endangered by the federalgovernment;
the director may adopt rules to make the addition, whether or not aspecies or subspecies indigenous to Indiana is involved, undersection 12 of this chapter.
As added by P.L.1-1995, SEC.15.
IC 14-22-34-14
Management of nongame species
Sec. 14. (a) The director shall establish the programs, includingacquisition of land or aquatic habitat, that are considered necessaryfor the management of nongame species. The director shall use allauthority vested in the department to carry out the purposes of thissection.
(b) In carrying out programs authorized by this section, the
director may enter into agreements with:
(1) federal agencies;
(2) political subdivisions of the state; or
(3) private persons;
for administration and management of an area established under thissection or used for management of nongame species.
(c) The governor shall do the following:
(1) Review other programs administered by the governor and,to the extent practicable, use the programs to further thepurposes of this chapter.
(2) Encourage other state and federal agencies to use theirauthorities to further the purposes of this chapter.
As added by P.L.1-1995, SEC.15.
IC 14-22-34-15
Taking of endangered species for scientific purposes
Sec. 15. The director may permit, under the terms and conditionsthat are prescribed by rule, the taking, possession, transportation,exportation, or shipment of species or subspecies of wildlife thathave been designated by rule as in need of management or appear onthe:
(1) state list of endangered species;
(2) United States list of endangered native fish and wildlife, asamended;
(3) list of wildlife added under section 13 of this chapter; or
(4) United States list of endangered foreign fish and wildlife, asmodified after July 26, 1973;
for scientific, zoological, or educational purposes, for propagation incaptivity of the wildlife, or for other special purposes.
As added by P.L.1-1995, SEC.15.
IC 14-22-34-16
Removal, capture, or destruction of endangered species
Sec. 16. (a) Upon good cause shown, and if necessary to alleviatedamage to property or to protect human health, endangered speciesor species in need of management may be removed, captured, ordestroyed:
(1) except as provided in subsection (b), under a permit issuedby the director; and
(2) if possible, by or under the supervision of an agent of thedepartment.
(b) An endangered species or a species in need of managementmay be removed, captured, or destroyed without a permit by a personin an emergency situation involving an immediate threat to humanlife.
(c) The director shall adopt rules under section 7 of this chapterfor the removal, capture, or destruction of nongame species for thepurposes set forth in this section.
As added by P.L.1-1995, SEC.15.
IC 14-22-34-17
Adoption of rules
Sec. 17. The director shall adopt rules under IC 4-22-2 that arenecessary to carry out the purposes of this chapter.
As added by P.L.1-1995, SEC.15.
IC 14-22-34-18
Applicability of chapter to wildlife possessed on July 26, 1973
Sec. 18. The provisions of this chapter prohibiting the taking,possessing, transportation, exporting, processing, sale, or offer to selldo not apply to wildlife in the possession of a person in Indiana onJuly 26, 1973.
As added by P.L.1-1995, SEC.15.
IC 14-22-34-19
Cost of programs; transfer of funds
Sec. 19. The costs of the programs established under this chaptermay not be paid with money dedicated to fish and game purposes.However, transfers may be made from money dedicated for fish andgame purposes to the nongame fund established under section 20 ofthis chapter.
As added by P.L.1-1995, SEC.15. Amended by P.L.69-2009, SEC.10.
IC 14-22-34-20
Fund
Sec. 20. (a) The nongame fund is established as a dedicated fund.
(b) The department shall administer the fund.
(c) In recognition of the importance of preserving the naturalheritage of Indiana, it is the intent of the general assembly to providea fund to be used exclusively for the protection, conservation,management, and identification of nongame and endangered speciesof wildlife primarily through the acquisition of the natural habitat ofthe animals. The department may expend the money in the fundexclusively for the preservation of nongame and endangered speciesof wildlife under this chapter.
(d) Money in the fund does not revert to the state general fund atthe end of a state fiscal year. However, if the fund is abolished, themoney in the fund reverts to the state general fund.
As added by P.L.1-1995, SEC.15.
IC 14-22-34-21
Entrance fees
Sec. 21. If the commission establishes entrance fees for admissionto fish and wildlife areas, the fees shall be deposited in the fund.However, the holder of a hunting or fishing license under this articlemay not be charged a fee for admission to fish and wildlife areas.
As added by P.L.1-1995, SEC.15.