Last Day to Comment on Indiana Rules Changes

[oxdrover2002]

Note: Purpose for posting this to the DBT group pertains to the proposal for a new state of Indiana rule prohibiting the sale of all turtles (including non-natives) under 4 inches with none of the exceptions allowed by the FDA rule – see midway down in the post. (Apologies for the length and to non-Indiana keepers, but I felt it necessary to cross-post my full message on this topic to give the context of the one new rule that will affect Indiana dbt keepers and breeders.) Last night in Indianapolis was the final public hearing for proposed Indiana DNR/NRC biennial 2004 administrative rules changes. Today is the last day for public written comments to be submitted by email or to be postmarked by US mail. We learned that the state legislature and DNR are placing increasing emphasis on both the number of and opinions stated in public comments received in writing electronically (or by regular mail) compared to the older method of public hearings. The results of an online survey concerning possible wildlife rules changes that took place earlier in the process are available on line at the link below. The preliminary rules adopted by the NRC in January on which public comments may be submitted through today can be viewed at: http://www.in.gov/dnr/fishwild/about/rules.htm “Rules will be considered by the Natural Resources Commission for final adoption during a public meeting on May 18, 2004 in a location TBD.” “If approved by the NRC, and later by the Attorney General as to legality, and by the Governor, the rule changes would become effective in late 2004 and early 2005.” Major rules changes affecting turtles include: – New special purpose native turtle possession permits to allow for possession of an unlimited number of appropriately documented native turtles that were legally obtained but not taken from the wild. Captive breeding will be prohibited and mature male and female turtles of the same species must be caged separately. Cages or enclosures will be inspected before permits can be issued. PIT tags will be required for all native turtles with a SLC length of four inches or greater held under this permit. – Prohibiting the taking of any eastern box turtle from the wild (Currently possession of four eastern boxes from any source, including the wild, is allowed.) (Note: Indiana considers all subspecies of Terrapene carolina to be covered by native eastern box turtle rules) – Wild animal rehabilitation permits to include reptiles and amphibians – “A person must not sell a turtle, regardless of species or origin, with a carapace less than four (4) inches long.” Indiana DNR’s comments regarding this proposed new rule are: “20. Prohibit the selling of all species of turtles with a carapace less than 4 inches in length Native species of turtles already cannot be sold in Indiana, but other species are protected only by a federal (FDA) law. The addition of prohibiting all species of turtles from being sold with a carapace less than 4 inches in length allows for enforcement by Indiana conservation officers. The federal law was put in place for public health reasons because of salmonella.” Indiana DNR’s proposed rule change is NOT, however, including the language of the federal FDA turtle rules “1240.62 Turtles intrastate and interstate requirements” which has very specific exceptions for: “(d) Exceptions. The provisions of this section are not applicable to: (1) The sale, holding for sale, and distribution of live turtles and viable turtle eggs for bona fide scientific, educational, or exhibitional purposes, other than use as pets. (2) The sale, holding for sale, and distribution of live turtles and viable turtle eggs not in connection with a business. (3) The sale, holding for sale, and distribution of live turtles and turtle eggs intended for export only, provided that the outside of the shipping package is conspicuously labeled “for export only.” (4) Marine turtles excluded from this regulation under the provisions of paragraph (a) of this section and eggs of such turtles.” Indiana DNR’s proposed rules changes also do not clarify if Indiana intends, for purposes of enforcement of a state four inch rule, to define “turtles” to include all chelonians, including tortoises, as does the federal FDA rule: “(a) Definition. As used in this section the term “turtles” includes all animals commonly known as turtles, tortoises, terrapins, and all other animals of the order Testudinata, class Reptilia, except marine species (families Dermachelidae and Chelonidae). ” Indiana DNR survey results available online include the results for only three questions related to turtles and do not include results for a question pertaining to creating a state four inch turtle rule.

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