Authority: IC 14-10-2-4; IC 14-22-2-6

Affected: IC 14-22

Sec. 23. (a) The director may without fee issue a temporary permit to take a migratory bird that is:

1. (1) causing damage or threatening to cause damage to property; or
2. (2) posing a health or safety threat to persons or domestic animals.

The method and dates of control and disposition of the bird shall be set forth in the permit.

(b) Exempted from this section is a migratory bird:

1. (1) taken during the hunting season in accordance with 312 IAC 9-4-2 and 50 CFR 20;
2. (2) taken without a permit in accordance with 312 IAC 9-4-7.2 or 312 IAC 9-3-15; or

3. (3) that is one (1) of the following, provided it is not an endangered species:

   1. (A) Cormorant.
   2. (B) Hawk.
   3. (C) Heron.
   4. (D) Owl.
   5. (E) Vulture.
   6. (F) Woodpecker.

(c) The issuance of a permit under this section does not relieve an individual from any requirement prescribed by federal law.

(d) A migratory bird taken under this section shall not be:

1. (1) possessed for more than forty-eight (48) hours;
2. (2) sold;
3. (3) traded;
4. (4) bartered; or
5. (5) gifted except as authorized in this section.

(e) A property owner, lessee, or other person may obtain a permit under this section for the control of a nuisance migratory bird.

(f) An application for a migratory bird depredation permit must be completed on a departmental form and filed with the division of fish and wildlife.

(g) An individual who does not hold a permit under this section may assist a permittee, but only if the permittee directly supervises or coordinates the activities of the unpermitted person. Only individuals named on the permit are authorized to act as assistants of the permittee.

(h) A copy of the permit must be on the individual when conducting any activities authorized under this permit.

(i) A live migratory bird must be properly handled in an expeditious manner to prevent unnecessary physical injury to the migratory bird.

(j) Live migratory birds that are taken under this section must be:

1. (1) released as authorized on the permit;
2. (2) gifted to a wild animal rehabilitator licensed under section 9 of this rule;
3. (3) gifted to a falconer licensed under section 13.1 of this rule; or
4. (4) euthanized in accordance with 50 CFR 21 and the conditions on the permit.

(k) Carcasses of migratory birds that are euthanized under this permit must be:

1. (1) buried;
2. (2) incinerated on private property with prior permission of the landowner;
3. (3) given to a veterinarian for proper disposal;
4. (4) given to a landfill for proper disposal;
5. (5) donated to a properly licensed university or other educational or scientific institution that has a special purpose salvage permit issued under section 13.5 of this rule;
6. (6) retained or donated for no compensation of any kind; or
7. (7) as otherwise authorized on the permit.

(l) The following methods may be used to take a migratory bird under this section:

1. (1) Firearms if possessed and used in compliance with all applicable state, local, and federal firearm laws.
2. (2) Traps, including bal-chatri and other traps that are specified on the permit.
3. (3) Any other methods specified by the permit.

(m) Traps must be checked at least once every twenty-four (24) hours, and any bird caught in a trap must be removed from that trap within twelve (12) hours from notice to the permit holder of a bird caught in the trap.

(n) The following restrictions apply to the treatment of a bird captured live under this permit:

1. (1) The bird must be:

   1. (A) released in the county of capture with prior consent from the landowner or landowner's agent;
   2. (B) euthanized; or
   3. (C) treated as otherwise authorized in the permit.

2. (2) A bird must be euthanized with the:

   1. (A) safest;
   2. (B) quickest; and
   3. (C) most painless;
3. available method as recommended and approved by the division of fish and wildlife.

4. (3) Prior consent is required from the:

   1. (A) landowner; or
   2. (B) landowner's agent;
5. before a bird is captured, killed, or released on any property.

(o) A permit expires on March 31 of the year following the date of issuance unless otherwise specified on the permit.

(p) The permit holder must maintain a current record to include the following:

1. (1) The name and address of the landowner assisted (if applicable).
2. (2) The date the bird was taken.
3. (3) The number and species of birds affected.
4. (4) The method of disposition.

A copy of the records shall be kept on the premises of the permittee for at least two (2) years after the date the bird was taken and must be presented to a conservation officer upon request.

(q) The permit holder shall provide an annual report to the division by April 30 of each year following the date of issuance. The report shall list the following:

1. (1) The:

   1. (A) number; and
   2. (B) species;
2. of birds taken.
3. (2) The method and location of disposition.

(r) A permittee must file an application by April 30 of each year in order to renew a permit. The annual report required under subsection (q) must accompany the renewal application.

(s) A permit issued under this section may be suspended or revoked if the permittee does the following:

1. (1) Fails to comply with any of the following:

   1. (A) IC 14-22.
   2. (B) This article.
   3. (C) A term of the permit.
2. (2) Provides false information to obtain a permit under this section.

(t) A conservation officer may inspect any equipment, birds, and any records relative to a permit issued under this section at any reasonable hour.

(Natural Resources Commission; 312 IAC 9-10-23; filed Feb 28, 2014, 8:01 a.m.: 20140326-IR-312130024FRA; readopted filed May 20, 2014, 9:43 a.m.: 20140618-IR-312140017RFA; readopted filed Sep 18, 2019, 1:16 p.m.: 20191016-IR-312190325RFA; filed Nov 16, 2020, 9:30 a.m.: 20201216-IR-312200069FRA; readopted filed Mar 25, 2025, 9:50 a.m.: 20250423-IR-312240574RFA)