A Guide to the Indiana The Indiana Nongame and Endangered Species Conservation Act Requirements, Process, and Compliance

The Indiana Nongame and Endangered Species Conservation Act (NESCA) plays a crucial role in protecting the state's biodiversity and ensuring the survival of its most vulnerable species. This comprehensive guide explores the key provisions, compliance obligations, and enforcement mechanisms of NESCA, providing essential insights for navigating the complexities of endangered species conservation in Indiana. Discover the act's purpose, structure, and prohibited activities, and learn how to effectively manage projects while adhering to the regulatory standards and limitations established by NESCA. Understand the monitoring, reporting, and recordkeeping requirements imposed on regulated entities, and explore recent developments and the regulatory outlook that shape the current conservation landscape in Indiana. By delving into the intricacies of NESCA, this guide equips readers with the knowledge and tools necessary to make informed decisions, mitigate potential risks, and contribute to the preservation of Indiana's rich natural heritage.

GENERAL INFORMATION

Key Details of the Indiana Nongame and Endangered Species Conservation Act

• Issuing Agency: Indiana Department of Natural Resources (IDNR)
• Year Established: 1973
• Last Amended: 2022
• Statutory Authority: Indiana Code, Title 14, Article 22, Chapter 34
• Primary Legal Reference: Indiana Administrative Code, Title 312, Article 9

Overview of the Indiana Nongame and Endangered Species Conservation Act

The Indiana Nongame and Endangered Species Conservation Act operates within the broader framework of Indiana's environmental regulations, which are primarily administered by the Indiana Department of Natural Resources (IDNR) and the Indiana Department of Environmental Management (IDEM). The Act complements federal regulations such as the Endangered Species Act of 1973 by providing additional protections for nongame and endangered species at the state level.

The primary goal of the Act is to conserve, protect, and enhance nongame and endangered species and their habitats within the state of Indiana. It seeks to prevent the further decline of these species and promote their recovery through various mechanisms, including habitat protection, management, and restoration; research and monitoring; and public education and outreach.

The Act was first enacted in 1973 and has undergone several amendments over the years to strengthen its protections and incorporate new scientific knowledge. The most recent significant amendment occurred in 2022, which updated the list of endangered species and clarified certain provisions of the Act.

The IDNR is the primary agency responsible for administering and enforcing the Act, with support from other state agencies such as IDEM and the Indiana State Department of Agriculture (ISDA). The Act applies to all lands and waters within the state of Indiana, including both public and private property.

What does the Indiana Nongame and Endangered Species Conservation Act protect?

The Indiana Nongame and Endangered Species Conservation Act protects nongame and endangered species and their habitats within the state of Indiana. Nongame species are defined as any wild mammal, bird, amphibian, reptile, fish, mollusk, crustacean, or other wild animal not normally taken for sport, fur, food, or other commercial use. Endangered species are those that are in jeopardy of extinction throughout all or a significant portion of their range within the state.

The Act prohibits the taking, possession, transportation, exportation, processing, selling, or offering for sale of any nongame or endangered species without a permit from the IDNR. It also requires state agencies to consult with the IDNR before authorizing, funding, or carrying out any action that may jeopardize endangered species or result in the destruction or adverse modification of their critical habitat.

In addition to these protections, the Act authorizes the IDNR to acquire land or aquatic habitat for the conservation of nongame and endangered species, enter into cooperative agreements with federal agencies and other states, and establish conservation programs for the propagation, management, protection, and restoration of these species and their habitats.

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Indiana Nongame and Endangered Species Conservation Act (NESCA) is a state-level regulation aimed at protecting and conserving endangered and threatened species within Indiana. The act applies to various activities and entities that may impact these protected species or their habitats.¹

Under NESCA, it is unlawful for any person to take, possess, transport, export, process, sell or offer for sale, or ship any species designated as endangered or threatened by the director of the Department of Natural Resources (DNR).² The act prohibits the following activities without a permit:

1. Taking, capturing, or killing any endangered or threatened species.
2. Possessing, selling, offering for sale, delivering, carrying, transporting, or shipping any endangered or threatened species or parts thereof.
3. Violating any rule adopted under NESCA for the conservation of endangered or threatened species.

These prohibitions are essential for protecting endangered and threatened species from further decline or extinction caused by human activities such as hunting, collection, or habitat destruction. By regulating these activities, NESCA aims to preserve biodiversity and maintain healthy ecosystems within the state.

Structure and Key Provisions

The Indiana Nongame and Endangered Species Conservation Act is structured into several key sections that outline the act's purpose, definitions, prohibitions, and enforcement provisions. The most important sections include:

Section 1: Purpose

This section establishes the act's purpose, which is to protect and conserve endangered and threatened species and their habitats within Indiana.³

Section 2: Definitions

This section defines key terms used throughout the act, such as "endangered species," "threatened species," "take," and "person."⁴

Section 3: Prohibitions

This section outlines the activities prohibited under NESCA, including taking, possessing, transporting, or selling endangered or threatened species without a permit.⁵

Section 4: Permits

This section establishes the permitting system for activities that may impact endangered or threatened species. It outlines the application process, criteria for permit issuance, and conditions that may be attached to permits.⁶

Section 5: Enforcement

This section addresses the enforcement of NESCA, including penalties for violations, the authority of conservation officers, and the process for appealing enforcement actions.⁷

While this overview provides a general understanding of NESCA's structure and key provisions, it is crucial for project proponents to consult the full text of the regulation and engage with the Indiana Department of Natural Resources for project-specific guidance. The act's applicability and requirements may vary depending on the specific species, habitat, and activities involved in a given project.

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Indiana Nongame and Endangered Species Conservation Act establishes various standards and limitations to protect and conserve nongame and endangered species in the state. These standards may include restrictions on the taking, possession, transportation, exportation, processing, sale, or offer for sale of any nongame or endangered species. The act also provides for the establishment of programs for the management and conservation of these species and their habitats. The Indiana Department of Natural Resources (IDNR) is responsible for implementing and enforcing these standards and limitations through various means, such as permits, licenses, and other regulatory mechanisms.

Monitoring, Reporting & Recordkeeping Obligations

Under the Indiana Nongame and Endangered Species Conservation Act, regulated entities may be subject to various monitoring, reporting, and recordkeeping requirements. These obligations are designed to ensure compliance with the act's provisions and to facilitate the effective management and conservation of nongame and endangered species. Developers and consultants should work closely with the IDNR to understand and fulfill the specific monitoring, reporting, and recordkeeping requirements that apply to their projects. This may involve submitting regular reports on the status of nongame and endangered species populations, maintaining records of any takes or other regulated activities, and participating in monitoring programs as required by the IDNR.

Enforcement Actions & Penalties

The Indiana Nongame and Endangered Species Conservation Act provides for various enforcement actions and penalties in cases of violation. These may include notices of violation, administrative orders, civil penalties, and, in severe cases, criminal penalties. The specific enforcement actions and penalty structures may vary depending on the nature and severity of the violation, as well as other factors such as the violator's history of compliance and cooperativeness with the IDNR. To avoid enforcement actions and penalties, it is crucial for developers and consultants to proactively comply with the act's provisions and engage early with the IDNR to address any potential compliance issues. Readers are encouraged to consult the full text of the Indiana Nongame and Endangered Species Conservation Act and work closely with the IDNR to understand the specific enforcement provisions and penalty structures that may apply to their projects.

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

The Indiana Nongame and Endangered Species Conservation Act has undergone several significant developments in recent years. In 2019, the Indiana General Assembly passed Senate Enrolled Act 248, which amended the Act to clarify the definition of "take" and to provide additional exemptions for certain activities, such as agricultural practices and road maintenance. This amendment aimed to balance the protection of endangered species with the needs of farmers, landowners, and local governments.

Another notable development occurred in 2020 when the Indiana Department of Natural Resources (IDNR) updated its list of endangered and threatened species, adding several new species and removing others that had recovered or were no longer present in the state. This update, which is required every five years under the Act, helps ensure that conservation efforts are focused on the species most in need of protection.

Looking ahead, there are several proposed changes to the Act that could impact the regulated community. One proposal would require developers to obtain an incidental take permit for any project that may affect endangered or threatened species, even if the impact is unintentional. This change could increase the regulatory burden on developers and require additional mitigation measures to offset any potential harm to protected species.

Another proposed amendment would expand the Act's coverage to include not only endangered and threatened species but also species of special concern. This change would provide additional protections for species that are declining but not yet at risk of extinction, potentially limiting development in areas where these species are present.

To stay informed about these and other developments related to the Indiana Nongame and Endangered Species Conservation Act, stakeholders can monitor the IDNR's website, which provides updates on proposed rule changes and opportunities for public comment. Additionally, industry associations such as the Indiana Builders Association and the Indiana Chamber of Commerce often provide information and resources on environmental regulations affecting their members.

Additional Resources

Indiana Nongame and Endangered Species Conservation Act: The full text of the Act, including all amendments through the 2021 legislative session.

Other resources:

• Indiana Department of Natural Resources Endangered Species Webpage - provides information on Indiana's endangered and threatened species, including lists, fact sheets, and conservation efforts.
• U.S. Fish and Wildlife Service Endangered Species Act Overview - offers a comprehensive overview of the federal Endangered Species Act, which provides the framework for state-level regulations like the Indiana Nongame and Endangered Species Conservation Act.
• Indiana Endangered Species Habitat Conservation Planning Handbook - a guide for developers and consultants on how to create habitat conservation plans that comply with the Indiana Nongame and Endangered Species Conservation Act.
• Indiana Environmental Reporter - an online news source that covers environmental issues in Indiana, including developments related to endangered species conservation and regulation.