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IC 14-22-34-2
"Fund" defined
Sec. 2. As used in this chapter, "fund" refers to the nongame fund
established 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 the
collection and application of biological information for the purposes
of increasing the number of individuals within species and
populations of wildlife up to the optimum carrying capacity of their
habitat and maintaining those levels.
(b) The term includes the following:
(1) The entire range of activities that constitute a modern
scientific resource program, including research, census, law
enforcement, habitat acquisition and improvement, and
education.
(2) When and where appropriate, the periodic or total protection
of species or populations as well as regulated taking.
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 parts
of 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 nongame
species to determine the species that are in need of management. The
director 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 that
the director considers in need of management under this
section, giving the common and scientific names by species and
subspecies.
(2) Develop management programs designed to ensure the
continued ability of nongame species in need of management to
perpetuate themselves successfully.
(c) The director shall conduct ongoing investigations of nongame
species 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 the
species.
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 considered
by the director to be in need of management under this section;
and
(2) a common or contract carrier may not knowingly transport
or receive for shipment nongame species considered by the
director 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 of
this chapter; and
(2) other available scientific and commercial data;
and after consultation with other state wildlife agencies, appropriate
federal agencies, and other interested persons and organizations, the
director shall adopt rules to propose a list of those species and
subspecies of wildlife indigenous to Indiana that are determined to
be endangered in Indiana, giving the common and scientific names
by 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 species
at least every two (2) years; and
(2) may amend the list by the additions or deletions that are
considered appropriate.
(b) The director shall submit to the governor a summary report of
the data used in support of all amendments to the state list during the
preceding biennium.
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 federal
government;
the director may adopt rules to make the addition, whether or not a
species or subspecies indigenous to Indiana is involved, under
section 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, including
acquisition of land or aquatic habitat, that are considered necessary
for the management of nongame species. The director shall use all
authority vested in the department to carry out the purposes of this
section.
(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 this
section 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 the
purposes of this chapter.
(2) Encourage other state and federal agencies to use their
authorities 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 conditions
that are prescribed by rule, the taking, possession, transportation,
exportation, or shipment of species or subspecies of wildlife that
have been designated by rule as in need of management or appear on
the:
(1) state list of endangered species;
(2) United States list of endangered native fish and wildlife, as
amended;
(3) list of wildlife added under section 13 of this chapter; or
(4) United States list of endangered foreign fish and wildlife, as
modified after July 26, 1973;
for scientific, zoological, or educational purposes, for propagation in
captivity 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 alleviate
damage to property or to protect human health, endangered species
or species in need of management may be removed, captured, or
destroyed:
(1) except as provided in subsection (b), under a permit issued
by the director; and
(2) if possible, by or under the supervision of an agent of the
department.
(b) An endangered species or a species in need of management
may be removed, captured, or destroyed without a permit by a person
in an emergency situation involving an immediate threat to human
life.
(c) The director shall adopt rules under section 7 of this chapter
for the removal, capture, or destruction of nongame species for the
purposes set forth in this section.
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 sell
do not apply to wildlife in the possession of a person in Indiana on
July 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 chapter
may not be paid with money dedicated to fish and game purposes.
However, transfers may be made from money dedicated for fish and
game purposes to the nongame fund established under section 20 of
this 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 natural
heritage of Indiana, it is the intent of the general assembly to provide
a fund to be used exclusively for the protection, conservation,
management, and identification of nongame and endangered species
of wildlife primarily through the acquisition of the natural habitat of
the animals. The department may expend the money in the fund
exclusively for the preservation of nongame and endangered species
of wildlife under this chapter.
(d) Money in the fund does not revert to the state general fund at
the end of a state fiscal year. However, if the fund is abolished, the
money 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 admission
to fish and wildlife areas, the fees shall be deposited in the fund.
However, the holder of a hunting or fishing license under this article
may not be charged a fee for admission to fish and wildlife areas.
As added by P.L.1-1995, SEC.15.