Authority: IC 14-22-34-17

Affected: IC 14-22

Sec. 18. (a) The department may issue a permit under this section to an individual, organization, corporation, or government agency to take a state endangered species. This permit may only be issued for state endangered species that are either federal proposed species or federal listed species.

(b) The permit application under this section shall be made as follows:

1. (1) The applicant must submit a Habitat Conservation Plan.

2. (2) The division of fish and wildlife will supply an outline of information sections that must be included in the Habitat Conservation Plan. This outline will include, but not necessarily be limited to, the following sections:

   1. (A) Current status of the endangered species.
   2. (B) Description of area of impact.
   3. (C) Specific impacts to the species' habitat.
   4. (D) Conservation actions to be undertaken to ensure no detrimental effect to the endangered species.
   5. (E) Schedule for enacting the conservation actions.
   6. (F) Guarantees to ensure those enactment of conservation actions.

(c) The permit application has to be available for a minimum of thirty (30) days for public review and comment. The director shall determine whether the permit will be issued after review of comments received during the review and comment period.

(d) The permit may be revoked at any time if the provisions of the Habitat Conservation Plan are not enacted according to the schedule in the plan.

(Natural Resources Commission; 312 IAC 9-10-18; filed May 12, 1997, 10:00 a.m.: 20 IR 2737; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; readopted filed May 20, 2014, 9:43 a.m.: 20140618-IR-312140017RFA; readopted filed Sep 18, 2019, 1:16 p.m.: 20191016-IR-312190325RFA; readopted filed Mar 25, 2025, 9:50 a.m.: 20250423-IR-312240574RFA)