Authority: IC 14-34-2-1

Affected: IC 14-22-34; IC 14-34

Sec. 70. (a) Each application shall include information on fish and wildlife species and their habitats present or likely to be present in the permit area and adjacent area, based on published literature, information available from state and federal fish and wildlife agencies, and any site-specific studies required under subsection (b).

(b) Site-specific information shall be required by the director as to respective species or habitats when the permit area or adjacent area is likely to include any of the following:

1. (1) Species of plants or animals listed or proposed to be listed as endangered or threatened or critical habitats designated by the Secretary of the Interior under the federal Endangered Species Act of 1973, as amended (16 U.S.C. 1531, et seq.).
2. (2) Species listed by the director as endangered under IC 14-22-34.
3. (3) Habitats of unusually high value for fish and wildlife such as important streams, wetlands and riparian areas, migration routes, reproduction areas, and areas offering special shelter or protection.

(Natural Resources Commission; 312 IAC 25-4-70; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3464, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFA; readopted filed Mar 26, 2019, 3:40 p.m.: 20190424-IR-312190011RFA; readopted filed Mar 25, 2025, 9:50 a.m.: 20250423-IR-312240574RFA)