1. (a) The Secretary may issue a permit to an applicant that authorizes an incidental taking of the Indiana bat, the northern long-eared bat, the tricolored bat, or the eastern small-footed bat if:

   1. (1) The applicant submits a conservation plan to the Department that specifies:

      1. (i) The impact that will likely result from the incidental taking;
      2. (ii) The steps that the applicant will take to minimize and mitigate the impact;
      3. (iii) The funding that will be available to implement the steps;
      4. (iv) The alternative actions to the incidental taking that the applicant considered and the reasons that the alternatives were not used; and
      5. (v) Any other measures that the Secretary requires as being necessary or appropriate for the purposes of the plan; and

   2. (2) The Secretary finds that:

      1. (i) The incidental taking will not appreciably reduce the likelihood of the survival or recovery of the Indiana bat, the northern long-eared bat, the tricolored bat, or the eastern small-footed bat in the wild;
      2. (ii) The applicant will, to the extent practicable, minimize and mitigate the impacts of the incidental taking;
      3. (iii) Adequate funding for the conservation plan is available and the plan will be implemented; and
      4. (iv) The applicant has obtained the required federal authorization for the incidental taking of the Indiana bat, the northern long-eared bat, the tricolored bat, or the eastern small-footed bat.
2. (b) The Secretary may adopt regulations to implement and enforce this section.

Added by Acts 2025, c. 550, § 1, eff. Oct. 1, 2025; Acts 2025, c. 551, § 1, eff. Oct. 1, 2025.