Authority: IC 14-10-2-4; IC 14-22-2-6; IC 14-22-20

Affected: IC 4-21.5; IC 14-22

Sec. 4. (a) A person shall apply for a license as a game breeder on a departmental form.

(b) A license holder under this section may possess one (1) or more of the following:

1. (1) Ring-necked pheasant (Phasianus colchicus).
2. (2) Bobwhite quail (Colinus virginianus).
3. (3) Eastern cottontail rabbit (Sylvilagus floridanus).
4. (4) Gray squirrel (Sciurus carolinensis).
5. (5) Fox squirrel (Sciurus niger).
6. (6) Beaver (Castor canadensis).
7. (7) Coyote (Canis latrans).
8. (8) Gray fox (Urocyon cinereoargenteus).
9. (9) Red fox (Vulpes vulpes).
10. (10) Mink (Mustela vison).
11. (11) Muskrat (Ondatra zibethicus).
12. (12) Opossum (Didelphis marsupialis).
13. (13) Raccoon (Procyon lotor).
14. (14) Striped skunk (Mephitis mephitis).
15. (15) Long-tailed weasel (Mustela frenata).
16. (16) Least weasel (Mustela nivalis or Mustela rixosa).

(c) A license holder under subsection (a) may lawfully acquire and possess the following:

1. (1) Furbearing mammals and eastern cottontail rabbits that must have been one (1) of the following:

   1. (A) Lawfully taken in season.
   2. (B) Born in captivity.
2. (2) Fox squirrels and gray squirrels that have been born in captivity.
3. (3) Ring-necked pheasants and bobwhite quail that have been hatched in captivity.

(d) A license holder under subsection (a) may possess the following:

1. (1) Furbearing mammals, squirrels, and eastern cottontail rabbits for breeding purposes under IC 14-22-20.

2. (2) Ring-necked pheasants and bobwhite quail for:

   1. (A) breeding purposes;
   2. (B) food; or
   3. (C) release.

(e) A person must apply for a license under this section:

1. (1) within five (5) days after the acquisition of an animal within Indiana;
2. (2) within five (5) days after the importation of an animal into Indiana; or
3. (3) if it is a raccoon, red fox, gray fox, or coyote and obtained within the trapping season for that species of animal, within five (5) days of the close of the season for that species.

Each enclosure for these animals must be inspected by a conservation officer before a license may be issued.

(f) A license holder under this section may add a species other than those identified in the application upon:

1. (1) an inspection by a conservation officer; or
2. (2) approval by the division of fish and wildlife.

A conservation officer must be notified within five (5) days of acquisition of the new species.

(g) A license holder under this section who imports:

1. (1) any live animal under this license; or
2. (2) the eggs of birds covered under this license;

must secure a certificate of veterinary inspection from an accredited veterinarian in the state of origin or certificate of compliance as specified at 345 IAC 1-3-24 before the animal or egg is shipped into Indiana. Documentation in the form of a copy of a valid game breeder license or valid dated receipt that establishes lawful acquisition or ownership must accompany any transportation of wild animals.

(h) A license holder under this section must present at least one (1) of the following for inspection upon the request of a conservation officer for each animal possessed:

1. (1) A receipt.
2. (2) An invoice.
3. (3) Other satisfactory evidence of lawful acquisition, including documentation of natural birth.

(i) For ring-necked pheasants, bobwhite quail, furbearing mammals, eastern cottontail rabbits, fox squirrels, and gray squirrels, the following requirements apply:

1. (1) A wild animal must be confined in a cage or other enclosure that:

   1. (A) makes escape of the animal unlikely; and
   2. (B) prevents the entrance of a free-roaming animal of the same species.

2. (2) The cage or enclosure shall be large enough to:

   1. (A) allow the wild animal to turn about freely; and
   2. (B) make normal postural adjustments.

3. (3) All chainlink or welded wire edges shall be:

   1. (A) smoothly secured to prevent injury to the animals; and
   2. (B) kept properly repaired.
4. (4) Night quarters, holding pens, and nesting boxes may not be used as primary housing.

5. (5) The following shall be provided as required for the comfort of the particular species of animal:

   1. (A) Fresh water.
   2. (B) Rainproof dens.
   3. (C) Nest boxes.
   4. (D) Windbreaks.
   5. (E) Shelters.
   6. (F) Shade.
   7. (G) Bedding.
6. (6) Each animal shall be handled, housed, and transported in a sanitary and humane manner.
7. (7) An enclosure must be provided with sufficient drainage to prevent standing water from accumulating.
8. (8) The cages or other enclosures must be made available upon request for inspection by a conservation officer.

(j) An animal possessed under this section may be administered a pharmaceutical product in accordance with state and federal laws and approved by a state or federal agency for the purpose of prevention or treatment of any of the following:

1. (1) Malnutrition.
2. (2) Illness.
3. (3) Disease.
4. (4) Injury.
5. (5) Stress.

A licensed veterinarian may administer to an animal an immobilizing agent, tranquilizer, or drug for euthanasia in compliance with all state and federal laws.

(k) A license holder under this section shall not release animals possessed under this section except for bobwhite quail and ring-necked pheasants. A license holder under this section shall not release known diseased bobwhite quail and ring-necked pheasants.

(l) A license holder under this section must not sell an animal possessed under this section if the animal is known to be diseased.

(m) A license holder under this section must comply with all applicable state, local, or other federal laws that govern the possession and sale of the animals possessed under this section.

(n) A license holder under this section shall do the following:

1. (1) Maintain an inventory of all wild animals possessed under this section.

2. (2) Record all additions and deletions to the inventory for every wild animal that is:

   1. (A) born or has died;
   2. (B) sold;
   3. (C) traded;
   4. (D) loaned;
   5. (E) bartered; or
   6. (F) given to another person;
3. on a signed departmental form or computerized record with a signature that is either electronic or in ink. If recorded on a departmental form, the person must complete the form in ink.
4. (3) Keep a copy of the complete and accurate inventory on the premises of the game breeder.
5. (4) Provide a copy of the inventory to a conservation officer upon request.

6. (5) Issue a valid, dated receipt prepared in ink for all animals or their products that are sold, traded, bartered, or gifted and include the following information:

   1. (A) Game breeder license number.
   2. (B) Buyer and seller name and address.
   3. (C) Number of animals or products sold.
   4. (D) Species of animal sold.
7. A copy of all of the receipts issued must be on the premises of the game breeder for at least five (5) years after the year of the transaction.

(o) A license expires on December 31 of the year the license is issued. The license holder must file an application with the division by January 31 of each year in order to renew the license. The annual report must accompany the renewal application and shall include for each species possessed under this license the number:

1. (1) bought;
2. (2) sold;
3. (3) born;
4. (4) traded;
5. (5) gifted;
6. (6) of deaths; and
7. (7) on hand.

(p) A conservation officer may enter the premises of the license holder at all reasonable hours to conduct an inspection in accordance with subsections (q) and (r).

(q) During an inspection, the license holder or the license holder's designee shall comply with both of the following:

1. (1) Meet the conservation officer at the time of inspection to provide access to all enclosures where animals possessed under a license issued under this section are housed.
2. (2) Provide access to all records relative to the license issued under this section.

(r) While conducting an inspection, the conservation officer must comply with the following:

1. (1) Upon request of the license holder or the license holder's designee and prior to entering the enclosure where animals are housed, follow appropriate sanitation practices to prevent the spread of disease if the license holder provides sanitation supplies or protective equipment.
2. (2) Give due consideration to the safety and welfare of the animals.
3. (3) Notify the license holder if the inspection reveals a violation of this section or IC 14-22-20. The conservation officer may make a second inspection after no sooner 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 license holder fails to correct the violations of the license requirements.

(s) A license may be suspended, denied, or revoked under IC 4-21.5 if the license holder fails to comply with any of the following:

1. (1) A provision of a license issued under this section.
2. (2) IC 14-22-20.
3. (3) All applicable state, local, or other federal laws.

(Natural Resources Commission; 312 IAC 9-10-4; filed May 12, 1997, 10:00 a.m.: 20 IR 2728; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; filed Jan 26, 2004, 10:45 a.m.: 27 IR 1789; filed Jan 8, 2007, 9:11 a.m.: 20070207-IR-312060193FRA; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Apr 8, 2010, 1:49 p.m.: 20100505-IR- 312090486FRA; filed Dec 10, 2010, 10:36 a.m.: 20110105-IR-312100104FRA; readopted filed May 20, 2014, 9:43 a.m.: 20140618-IR-312140017RFA; filed Jun 21, 2018, 1:45 p.m.: 20180718-IR-312170436FRA; readopted filed Sep 18, 2019, 1:16 p.m.: 20191016-IR-312190325RFA)