in-20250409-IR-312240385FRA: DIGEST CHRONIC WASTING DISEASE

Final Rule LSA Document #24-385 DIGEST Sec. 5.2. A "chronic wasting disease positive area" means a county designated by the department where: Sec. 11.2. "Nonreleasable" means a determination based upon a licensed veterinarian's examination and statement that a wild animal may not be released from an individual holding a wild animal rehabilitation permit under this section because the wild animal: Sec. 17. An individual who finds an orphaned, sick, or injured deer in a chronic wasting disease positive area may only surrender the deer to a wild animal rehabilitator under 312 IAC 9-10-9 located in: Sec. 9. (a) This section governs applies to a permit to possess a wild animal for rehabilitation. The (b) An individual must obtain a wild animal rehabilitation permit is: (1) required from the department to temporarily possess any a wild animal that is: (b) (c) Not later than twenty-four (24) hours after taking possession of a sick, injured, or orphaned wild animal under this subsection or 312 IAC 9-2-17, an individual may without a permit, take possession of a sick, injured, or orphaned wild animal and who does not hold a wild animal rehabilitation permit shall transport it the wild animal to an individual with a valid holding a wild animal rehabilitation permit under this section. within twenty-four (24) hours. (d) Not later than twenty-four (24) hours after an individual under subsection (c) receiving the sick, injured, or orphaned wild animal under subsection (c), the individual holding a wild animal rehabilitation permit that is not applicable to the wild animal received shall transport the wild animal to an individual holding an applicable wild animal rehabilitation permit. (c) (e) An application individual shall apply for a wild animal rehabilitation permit under this section shall be completed on in a departmental form and must provide manner prescribed by the department that includes the following: (d) Before a permit may be issued, the (f) The first time an applicant applies for a wild animal rehabilitation permit, the applicant must correctly answer at least eighty percent (80%) of the questions on a written examination supervised and administered by the department covering basic biology, care of wild animals, and the laws relating to wild animal rehabilitation. as follows: (1) (g) An individual who fails to correctly answer at least eighty percent (80%) of the questions on the examination under subsection (f) may retake the examination not more than two (2) additional times within not more than ninety (90) days but not again within after taking the first examination. Not less than one hundred eighty (180) days after failing to correctly answer at least eighty percent (80%) of the questions on the third failure. examination, an individual under this subsection may retake the examination for a fourth time. (e) A permit holder must, every three (3) years after being issued a permit, either: (h) Except an individual holding a wild animal rehabilitation permit under this section for at least ten (10) years who has taken in at least twelve (12) wild animals for rehabilitation, an individual holding a wild animal rehabilitation permit shall: (f) (i) A conservation officer must inspect the cages and any other enclosures where a wild animals animal will be housed before the department issues a wild animal rehabilitation permit may be issued to a new applicant. A conservation officer may inspect the enclosures, wild animals, and any records relative to a regarding a wild animal rehabilitation permit issued under this section at any a reasonable hour. time. (g) (j) An amended application or written request must be filed with individual shall notify the division in writing if there is a change to the: (h) The (k) An individual holding a wild animal rehabilitation permit holder must shall file an application by not later than January 31 of each year in order to renew the wild animal rehabilitation permit. An individual must include the annual report required under subsection (m) must accompany (o) with the renewal application. The signature of a licensed veterinarian is not required for on a renewal application. (i) The issuance of (l) An individual holding a wild animal rehabilitation permit under this section does not relieve an individual from shall comply with any requirement for of a federal permit. If the terms of a federal permit and the wild animal rehabilitation permit issued under this section differ, the individual shall comply with the more restrictive terms prevail. permit. (j) Public exhibition (m) An individual holding a wild animal rehabilitation permit may not publicly exhibit or display of [sic] any a wild animal possessed pursuant to under a wild animal rehabilitation permit. issued under this section is prohibited. Only assistants and other individuals dropping off an Except for: (k) A (n) An individual holding a wild animal rehabilitation permit holder must shall maintain facilities for while the retention of individual possesses a wild animal possessed under this section in a sanitary condition as follows and conform comply with any other conditions specified by the permit following: (l) A (o) An individual holding a wild animal rehabilitation permit holder must shall maintain current records for each wild animal to include with the following information: (m) (p) The individual holding a wild animal rehabilitation permit holder shall provide a signed annual report to the division by not later than January 31 of each year. The report shall list the following: (n) (q) As soon as a wild animal is capable of fending for itself, the individual holding the wild animal rehabilitation permit must be released release the wild animal into the wild as follows: (o) (r) A wild animal possessed lawfully prior to July 1, 2010, is exempt from the requirements under this subsection. An individual holding a wild animal rehabilitation permit holder may keep a nonreleasable wild animal, other than a white-tailed deer, only if approved by the division of fish and wildlife as follows: (p) (s) An individual who does is not hold holding a wild animal rehabilitation permit under this section but may assist a wild animal rehabilitator if the following conditions are met: (q) A (t) Except as otherwise provided under this subsection, an individual holding a wild animal rehabilitation permit holder may possess a wild animal for rehabilitation under this section for one hundred eighty (180) days except as follows: (r) All white-tailed (u) A deer that are taken in for rehabilitation and that is determined to be nonreleasable must be euthanized. (s) (v) A mammal, nonmigratory bird, reptile, or amphibian taken in for rehabilitation that is: (t) (w) Euthanasia must be carried out with the: (u) (x) Carcasses of wild animals that are euthanized or otherwise die while in the care of a an individual holding a wild animal rehabilitation permit holder must may be: (v) A (y) An individual holding a wild animal rehabilitation permit holder must shall not: (w) A (z) An individual holding a wild animal rehabilitation permit holder must shall notify the department within not later than twenty-four (24) hours of after acquiring an endangered species, or a bald or golden eagle whether live or dead, and the location and date of acquisition. (x) A (aa) An individual holding a wild animal rehabilitation permit holder must notify the department within not later than twenty-four (24) hours if the permit holder has reason to believe of a suspicion that a wild animal has been was subjected to criminal activity. (y) (bb) Wild animals, including their carcasses and parts, possessed under this section must may not be sold, bartered, or transferred to another individual or to a permit holder's an individual holding a game breeder license except: (z) A (cc) An individual shall possess a copy of the wild animal rehabilitation permit issued under this section must be possessed by the permit holder when transporting a wild animal possessed under this section to another location and be available and on-site at a wild animal rehabilitation facility when possessing and caring for wild animals authorized under this section. (aa) (dd) A wild animal rehabilitation permit may be suspended, denied, or revoked under IC 4-21.5 if the individual who is issued the wild animal rehabilitation permit holder fails to comply with any of the following: