312 IAC 9-10-4 Game breeder's licenses

Sec. 4. (a) A person shall apply for a game breeder's license in a form and manner prescribed by the department that includes the following information: (1) The name of the applicant. (2) The address of the applicant. (3) The county of residence for the applicant. (4) The location where wild animals are kept if not at the applicant's address under subdivision (2). (5) The phone number of the applicant. (6) The species of wild animal to be kept under the game breeder's license. (b) A person holding a game breeder's license under this section may possess at least one (1) of the following: (1) Ring-necked pheasant (Phasianus colchicus). (2) Bobwhite quail (Colinus virginianus). (3) Eastern cottontail rabbit (Sylvilagus floridanus). (4) Gray squirrel (Sciurus carolinensis). (5) Fox squirrel (Sciurus niger). (6) Beaver (Castor canadensis). (7) Coyote (Canis latrans). (8) Gray fox (Urocyon cinereoargenteus). (9) Red fox (Vulpes vulpes). (10) Mink (Neovison vison). (11) Muskrat (Ondatra zibethicus). (12) Opossum (Didelphis virginiana). (13) Raccoon (Procyon lotor). (14) Striped skunk (Mephitis mephitis). (15) Long-tailed weasel (Neogale frenata). (16) Least weasel (Mustela nivalis or Mustela rixosa). (17) Bobcat (Lynx rufus). (c) A person holding a game breeder's license may lawfully acquire and possess the following: (1) A furbearing or an eastern cottontail rabbit that is: (A) lawfully taken during a season to take the wild animal; or (B) born in captivity. (2) A squirrel or a gray squirrel that is born in captivity. (3) A ring-necked pheasant or a bobwhite quail hatched in captivity. (d) A person holding a game breeder's license under subsection (a) may possess the following: (1) A furbearing mammal, as defined by IC 14-8-2-108, squirrel, or eastern cottontail rabbit for breeding purposes under IC 14-22-20. (2) A ring-necked pheasant or a bobwhite quail for: (A) breeding; (B) food; or (C) release. (e) A person shall apply for a game breeder's license under this section: (1) not later than five (5) days after acquiring a wild animal in the state; (2) not later than five (5) days after importing a wild animal to the state; or (3) if the wild animal is a raccoon, red fox, gray fox, or coyote and obtained in a trapping season for the species of animal, not later than five (5) days after the close of the season for the species. (f) An enclosure for a wild animal must be inspected by a conservation officer before a game breeder's license may be issued. (g) A person holding a game breeder's license may add a species other than a species identified in the application upon: (1) inspection by a conservation officer; or (2) approval by the division. A person holding game breeder's license shall notify a conservation officer not later than five (5) days after acquiring a new species. (h) A person holding a game breeder's license that imports: (1) a live animal; or (2) the eggs of a bird; shall secure a certificate of veterinary inspection from an accredited veterinarian in the state of origin or certificate of compliance under 345 IAC 1-3-24 before the live animal or egg is shipped to the state. Documentation in the form of a copy of a valid game breeder's license or valid dated receipt that establishes lawful acquisition or ownership must accompany transportation of the live animal or egg. (i) A person holding a game breeder's license shall present at least one (1) of the following for inspection upon the request of a conservation officer for each animal possessed by the person holding a game breeder's license: (1) A receipt. (2) An invoice. (3) Other satisfactory evidence of lawful acquisition. (j) The following requirements apply to possession of a wild animal under subsection (b): (1) Confine a wild animal to a cage or other enclosure that: (A) makes escape of the wild animal unlikely; and (B) prevents the entrance of a free-roaming wild animal of the same species. (2) Provide a cage or enclosure large enough to: (A) allow the wild animal to turn about freely; and (B) make normal postural adjustments. (3) Provide a chainlink or welded wire edges shall be: (A) smoothly secured to prevent injury to the wild animal; and (B) kept properly maintained. (4) Provide a night quarter, a holding pen, or a nesting box may not be used as primary housing. (5) Provide the following for the comfort of the particular species of wild animal: (A) Fresh water. (B) Rainproof dens. (C) Nest boxes. (D) Windbreaks. (E) Shelters. (F) Shade. (G) Bedding. (6) Handle, house, and transport a wild animal in a sanitary and humane manner. (7) Provide enclosures with sufficient drainage to prevent standing water from accumulating. (8) Make a cage or other enclosure available upon request for inspection by a conservation officer. (k) A wild animal possessed under this section may be administered a pharmaceutical product under state and federal law and approved by a state or federal agency for the purpose of preventing or treating the following: (1) Malnutrition. (2) Illness. (3) Disease. (4) Injury. (5) Stress. A licensed veterinarian may administer an immobilizing agent, a tranquilizer, or a drug for euthanasia to a wild animal in compliance with state and federal laws. (l) A person holding a game breeder's license shall not release an animal possessed under this section except for a bobwhite quail or a ring-necked pheasant. A person holding a game breeder's license shall not release a known diseased bobwhite quail or a ring-necked pheasant. (m) A person holding a game breeder's license shall not sell a wild animal possessed under this section if the wild animal is known to be diseased. (n) A person holding a game breeder's license shall comply with all applicable state, local, or other federal laws that govern the possession and sale of a wild animal possessed under this section. (o) A person holding a game breeder's license shall do the following: (1) Maintain an inventory of all wild animals possessed under this section. (2) Record all additions and deletions to the inventory for every wild animal that is: (A) born or has died; (B) sold; (C) traded; (D) loaned; (E) bartered; or (F) given to another person; in a form and manner prescribed by the department. (3) Keep a copy of the complete and accurate inventory on the premises of the game breeder. (4) Provide a copy of the inventory to a conservation officer upon request. (5) Issue a valid, dated receipt prepared in ink for a wild animal or product that is sold, traded, bartered, or gifted and include the following information: (A) The game breeder's license number. (B) The buyer and seller name and address. (C) The number of animals or products sold. (D) The species of animal sold. A copy of the receipts must be on the premises of the game breeder for at least five (5) years after the transaction. (p) A game breeder's license expires on December 31 of the year the license is issued. A person holding a game breeder's license shall file an application with the division not later than January 31 of each calendar year to renew the game breeder's license. An annual report must accompany the renewal application and must include for each species possessed under the game breeder's license the number of wild animals: (1) bought; (2) sold; (3) born; (4) traded; (5) gifted; (6) that died; and (7) on hand. (q) A conservation officer may enter the premises of a person holding a game breeder's license at a reasonable time to conduct an inspection in accordance with subsections (r) and (s). (r) During an inspection, a person holding a game breeder's license or the designee of the person holding the game breeder's license shall comply with the following: (1) Meet the conservation officer at the time of inspection to provide access to all enclosures where wild animals possessed under the game breeder's license are housed. (2) Provide access to all records relative to the game breeder's license. (s) While conducting an inspection, the conservation officer shall comply with the following: (1) Upon request of the person holding the game breeder's license or the designee of the person holding a game breeder's license, and prior to entering the enclosure where wild animals are housed, follow appropriate sanitation practices to prevent the spread of disease if the person holding the game breeder's license provides sanitation supplies or protective equipment. (2) Give due consideration to the safety and welfare of the wild animals. (3) Notify the person holding the game breeder's license if the inspection reveals a violation under this section or IC 14-22-20. The conservation officer may make a second inspection not earlier than fifteen (15) days after the reported violations unless critical conditions exist as determined at the reasonable discretion of the conservation officer. The wild animals may be confiscated if the person holding a game breeder's license fails to correct the violations of the game breeder's license requirements. (t) A game breeder's license may be suspended, denied, or revoked under IC 4-21.5 if the person holding a game breeder's license fails to comply with the following: (1) A provision of a game breeder's license issued under this section. (2) IC 14-22-20. (3) Applicable state, local, or other federal laws. (u) A person shall pay the fee for a game breeder's license under 312 IAC 1.5-4-11.