Endangered Species - Protections and Prohibited Actions - Indiana

Sec. 5. As used in this chapter, “take” means to:

(1) harass, hunt, capture, or kill; or

(2) attempt to harass, hunt, capture, or kill; wildlife.

Citation: IC 14-22-34-5.

Sec. 12. (a) Except as otherwise provided in this chapter, a person may not take, possess, transport, export, process, sell or offer for sale, or ship, and a common or contract carrier may not knowingly transport or receive for shipment a species or subspecies of wildlife appearing on any of the following:

(1) The list of wildlife indigenous to Indiana determined to be endangered in Indiana under this chapter.

(2) The United States list of endangered wildlife (50 CFR 17.11) as in effect on January 1, 1979.

(3) The list of endangered species developed under section 13 of this chapter.

(b) A species or subspecies of wildlife appearing on a list described in subsection (a) that:

(1) enters Indiana from another state or from a point outside the territorial limits of the United States; and

(2) is transported across Indiana destined for a point beyond Indiana; may be so entered and transported without restriction in accordance with the terms of a federal permit or permit issued under the laws of another state....

Citation: IC 14-22-34-12.

Sec. 5. (a) As used in this section, “endangered species” means the following:

(1) An endangered species as defined by IC 14-22-34-1.

(2) A native plant species classified by the division of nature preserves as endangered or threatened.

(b) Information that provides the specific or general location of an endangered species or information that, if disclosed, could have a detrimental effect on an endangered species may be kept confidential for purposes of IC 5-14-3-4 at the discretion of the director.

Citation: IC 14-9-2-5.

Sec. 7. (a) The applicant has the burden of establishing that the application (for surface coal mining and reclamation) complies with all the requirements of this article. The director may not approve a permit or revision application unless the application affirmatively demonstrates and the director finds the following:...

(9) The operation would not affect the continued existence of endangered or threatened species or result in destruction or adverse modification of their critical habitats, as determined under the federal Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)...

Citation: IC 14-34-4-7.