Full Statute Name:  West's Annotated Indiana Code. Title 14. Natural and Cultural Resources. Article 22. Fish and Wildlife. Chapter 26. Wild Animal Permit.

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Primary Citation:  IC 14-22-26-1 - 6 Country of Origin:  United States Last Checked:  April, 2019 Alternate Citation:  IN ST 14-22-26-1 - 6 Date Adopted:  2018
Summary: This set of laws deals with Wild Animal Permits in Indiana. Section 3 allows the Director to adopt rules that require permits to possess wild animals protected by laws or rules. The director may also adopt a rule that requires a permit to possess a wild animal that may be harmful or dangerous to plants or animals. Permits under this chapter may be suspended by the director and animal may be seized if the animal is in a position to harm another animal or the life or health of the animal is in peril. This chapter does not apply to licensed commercial animal dealers, zoological parks, circuses, or carnivals.

14–22–26–1 Applicability of chapter

14–22–26–2 “Zoological park” defined

14–22–26–3 Rules regarding permits

14–22–26–4 Form; issuance; expiration; fee

14–22–26–5 Suspension; seizure and holding of animals

14–22–26–6 Rules regarding safety and health

 

 

14-22-26-1 Applicability of chapter

Sec. 1. This chapter does not apply to licensed commercial animal dealers, zoological parks, circuses, or carnivals.

Credits

As added by P.L.1-1995, SEC.15.

 

14-22-26-2 “Zoological park” defined

Sec. 2. As used in this chapter, “zoological park” means:

(1) a permanent establishment that is a member of the American Association of Zoological Parks and Aquariums; or

(2) an agency of local government, open to and administered for the public, to provide education, conservation, and preservation of the earth's fauna.

Credits

As added by P.L.1-1995, SEC.15.

 

14-22-26-3 Rules regarding permits

Sec. 3. The director may adopt rules under IC 4-22-2 to require and issue the following:

(1) A permit to possess a wild animal protected by statute or rule.

(2) A permit to possess a wild animal that may be harmful or dangerous to plants or animals. A separate permit is required for each wild animal described in this subdivision.

Credits

As added by P.L.1-1995, SEC.15.

 

14-22-26-4 Form; issuance; expiration; fee

Sec. 4. A permit issued under this chapter:

(1) must be in the form prescribed by the director;

(2) may not be issued unless the director is satisfied that the permit should be issued;

(3) has an expiration date fixed by the director; and

(4) subject to IC 14-22-2-10, has a minimum fee of ten dollars ($10).

Credits

As added by P.L.1-1995, SEC.15. Amended by P.L.195-2017, SEC.32, eff. July 1, 2017.

 

14-22-26-5 Suspension; seizure and holding of animals

Sec. 5. (a) If an emergency exists, the director may summarily suspend a permit issued under this chapter. The director may summarily seize and hold an animal for which a permit is required under this chapter, pending the outcome of the proceedings under this section, if either of the following conditions exist:

(1) A permit has not been issued to possess the animal.

(2) A permit has been issued to possess the animal, but the director believes that an emergency exists because at least one (1) of the following conditions exists:

(A) The animal is in a position to harm another animal.

(B) The life or health of the animal is in peril.

(b) After suspending a permit or seizing and holding an animal under subsection (a), the department shall proceed as quickly as feasible to provide the opportunity for completed adjudicative proceedings under IC 4-21.5. The proceedings may result in the revocation, temporary suspension, or modification of the permit. Provision may be made for a final disposition with respect to the wild animal, including confiscation of the animal. IC 4-21.5 provides the exclusive remedy available to a person aggrieved by a determination of the department under this section.

(c) The director may contract with experts in the handling of animals for which a permit is required under this chapter to assist the director in seizing and holding an animal under this section. A person who seizes and holds an animal under a contract with the director is not subject to legal action arising from the seizure or holding to the same extent as if the person was an employee of the department.

(d) The owner of an animal seized under this section is liable for the costs of seizing and holding the animal and of the proceedings under this section, including a trial, if any.

Credits

As added by P.L.1-1995, SEC.15.

 

14-22-26-6 Rules regarding safety and health

Sec. 6. Rules adopted under this chapter must provide for the following:

(1) The safety of the public.

(2) The health of the animals.

Credits

As added by P.L.1-1995, SEC.15.

 

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