This regulation lists certain exotic mammals that may not be taken (harmed, harassed, or killed) and establishes restrictions on the possession and sale of those exotic mammals.
Authority: IC 14-22-2-6; IC 14-22-32-6
Affected: IC 14-8-2-278; IC 14-22-20; IC 14-22-20.5; IC 15-17-5
Sec. 18.5. (a) An individual must not take, as defined by IC 14-8-2-278, an exotic mammal that is a species from any of the following families of mammals:
(1) Bradypodidae (tree sloth).
(2) Bovidae (gazelle, bighorn sheep, antelope, and wildebeest), except for domestic cattle (genus Bos, including all dairy and beef animals) and buffalo (Bison bison).
(3) Camelidae (camel and llama).
(4) Canidae (jackal, wild dog, and other exotic foxes).
(5) Cebidae (marmoset).
(6) Cercopithecidae (baboon and monkey).
(7) Cervidae (elk, moose, caribou, and other exotic deer).
(8) Dasypodidae (armadillo).
(9) Elephantidae (elephant).
(10) Equidae (wild horse and zebra), except for domestic horses.
(11) Felidae (mountain lion, lynx, tiger, and other exotic cats).
(12) Giraffidae (giraffe and okapi).
(13) Hippopotamidae (hippopotamus).
(14) Hyaenidae (hyaena).
(15) Macropodidae (kangaroo and wallaby).
(16) Myrmecophagidae (anteater).
(17) Orycteropodidae (aardvark).
(18) Pongidae (chimpanzee, bonobo, and gorilla).
(19) Procaviidae (hyrax).
(20) Protelidae (aardwolf).
(21) Rhinocerotidae (rhinoceros).
(22) Tapiridae (tapir).
(23) Tragulidae (chevrotain).
(24) Ursidae (bear).
(25) A hybrid or genetically altered mammal of any of these families.
Exempted from this section are the following species of mammals that are not considered to be exotic mammals: white-tailed deer, bobcat, red fox, gray fox, and coyote.
(b) Notwithstanding subsection (a), an individual may take an exotic mammal only if the exotic mammal is:
(1) taken by a resident landowner or tenant while destroying or causing substantial damage to property that is owned or leased by the landowner or tenant;
(2) a species from the family bovidae, camelidae, or cervidae and slaughtered in accordance with IC 15-17-5; or
(3) an animal that has escaped from captivity into the wild and is a known immediate threat to:
(A) public safety; or
(B) the health of wild animals as verified by the Indiana state board of animal health.
(c) A person may possess an exotic mammal that is a species from a family listed in subsection (a) only as follows:
(1) Wild cats, except feral cats, in the family Felidae, purebred wolves in the family Canidae, and bears in the family Ursidae may be possessed under a wild animal possession permit issued under 312 IAC 9-11 or a license issued by the United States Department of Agriculture under 9 CFR, Chapter 1, Subchapter A, Parts I through IV.
(2) Cervidae may be possessed under a cervidae breeder license issued under 312 IAC 9-10-4.
(3) All other families listed in subsection (a) may be possessed without a permit from the department but must be possessed with a license issued by the United States Department of Agriculture under 9 CFR, Chapter 1, Subchapter A, Parts I through IV.
(d) A person may sell an exotic mammal from a family listed in subsection (a) only as follows:
(1) Cervidae, including their parts, may be sold under IC 14-22-20, IC 14-22-20.5, and 345 IAC.
(2) Bovidae may be sold without a license from the department.
(3) All other families listed in subsection (a) may be sold without a permit from the department but must be sold with a license issued by the United States Department of Agriculture under 9 CFR, Chapter 1, Subchapter A, Parts I through IV.
(e) A person:
(1) may not release an exotic mammal that is a species from a family listed in subsection (a) into the wild in Indiana; and
(2) must report the escape of any exotic mammal listed in subsection (a) to a conservation officer within twenty-four (24) hours.
(Natural Resources Commission; 312 IAC 9-3-18.5; filed May 12, 2006, 10:38 a.m.: 29 IR 3346; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Dec 10, 2010, 10:36 a.m.: 20110105-IR-312100104FRA)