TITLE 312 NATURAL RESOURCES COMMISSION

a. History of River Otter Trapping

The proposed changes to 312 IAC 9-3-18.2: (1) allows river otters to be trapped statewide, rather than by county; and (2) establishes a statewide quota of seven hundred fifty (750) river otters for the season. There is not a change to the number of otters that an individual may trap per season in the individual bag limit. There is not a change to any requirements governing river otter trapping in Indiana.

Currently, the river otter trapping season is open in the counties established by emergency rule LSA #23-524. Because of the changes made to the Indiana Code under HEA 1623-2023, the department of natural resources (department) is proposing to allow river otter trapping statewide as well as set forth a statewide quota in permanent rule. The river otter population is estimated based on teeth collected from trapped river otters, which is why maintaining carcass collection is critical as the department closely monitors the river otter population that the citizens of Indiana and department historically worked so hard to restore.

The most recent river otter population estimate was eight thousand one hundred ninety-seven (8,197). A statewide quota of seven hundred fifty (750) river otters for the trapping season was implemented during the 2021-2022 river otter trapping season. River otter populations have grown since the first river otter trapping season in 2015. A statewide quota of seven hundred fifty (750) river otters was selected to keep the quota under ten percent (10%) harvest mortality of the population size to continue to allow river otters to expand and thrive in Indiana. River otters had a low reproduction year in 2021, so it is in the best interest of river otter management to maintain the seven hundred fifty (750) river otters as the statewide quota to allow the department to gather more years of data and continue to monitor the river otter population by adding more data to the population model. Department staff regularly monitor the population model and other data to assess whether a change to the bag limit or statewide quota would be needed in the future.

Opening the river otter trapping season statewide will allow opportunities for licensed trappers in new areas and will allow some emerging river otter damage issues to be addressed during the season without a permit from the department. By establishing a statewide quota, closing the season when the quota is met, and maintaining a two (2) river otter season individual bag limit, the department does not anticipate any negative impacts on the river otter population. Additionally, other limitations are in place to ensure that the river otter population continues to thrive and expand. Allowing river otters to be trapped statewide will also simplify the rule by making it easier for trappers to know where they can legally trap river otters during the river otter trapping season.

During the 2022–2023 season, the department sold three thousand six hundred twenty-two (3,622) annual trapping licenses and twenty-six (26) nonresident trapping licenses. There are also three hundred thirty-four (334) active lifetime trapping licenses. This means there is a total of three thousand nine hundred eighty-two (3,982) trappers that are not youth trappers in the state. According to data obtained from the electronic harvest reporting system, an average of four hundred (400) licensed trappers successfully harvest a river otter during the river otter trapping season. This is approximately ten percent (10%) of the total licensed trappers. From the department's Trapper Survey data, the counties that have the highest numbers of trappers are already open to river otter trapping. Dearborn County, Kosciusko County, LaPorte County, Noble County, Perry County, and Porter County are among the counties with the highest number of trappers that are already open to river otter trapping. Trapper Survey data also shows that fifty-five percent (55%) of licensed trappers believe river otter populations are increasing in the state, thirty-two percent (32%) of licensed trappers are not sure if the population is expanding, and twelve percent (12%) of license trappers reported believing there is no change in the population based on their trapping experience.

b. Scope of the Rule

These rule changes simplify river otter trapping by allowing trapping to be conducted statewide, rather than only in designated counties. The addition of the statewide quota in permanent rule is the result of changes to the Indiana Code as a result of HEA 1623-2023. The rule regarding river otter trapping season was previously set by emergency rule. The rule changes will also help trappers know the statewide quota well in advance instead of waiting each year to see if the statewide quota is the same. All of the other changes are for clarity and compliance with LSA requirements for rulemaking.

c. Statement of Need

The suggested changes are proposed as a result of the changes to the Indiana Code as a result of HEA 1623-2023, because the department may no longer enact regulations by emergency rules to set forth the counties and statewide quota on an annual basis as has been done historically.

These changes are not the result of a federal or state statutory requirement; a court order; or an audit finding. However, the changes to the Indiana Code result of HEA 1623-2023 require a permanent change to the river otter trapping season rule to continue having river otter trapping in the state. Currently, the counties where river otter trapping is permitted must be established in rule. The statewide quota is needed to ensure that the river otter population remains stable or continues to increase.

d. Statutory Authority for the Proposed Rule – The department has the statutory authority to establish the methods for taking a wild animal in IC 14-22-2-6. The department is also required to develop rules that are based upon "(A) The welfare of the wild animal; (B) The relationship of the wild animal to other animals; and (C) The welfare of the people in IC 14-22-2-6." "Wild animal" is defined in IC 14-8-2-318 and includes mammals, birds, reptiles, and amphibians. The Natural Resources Commission has the statutory authority to adopt rules under IC 14-10-2-4.

e. Fees, Fines, and Civil Penalties – These changes do not change or add any fees, fines or civil penalties.

a. Anticipated Effective Date of the Rule: September 1, 2024. The notice of intent is expected to be published in January of 2024. The public hearings are not anticipated to take place until March and April of 2024, then final adoption by the Natural Resources Commission would not likely take place until May of 2024. By the time it is given final adoption and reviewed by the Attorney General's Office and Governor's Office, and published in the Register, it is likely to be in September of 2024.

b. Estimated Fiscal Impact on State and Local Government –The department anticipates that there will be no fiscal impact to state or local government. There will be some additional administrative costs for department staff, and there will be no costs to local governments.

There is not expected to be an increase or decrease in trapping license sales. Increases in trapping license sales are due primarily by the price of fur on the world market, and no significant increases in the price of a river otter hide is expected. All neighboring states have open trapping seasons for river otters; therefore, the department does not expect an increase in the sale of trapping licenses for the purpose of trapping otters in Indiana in the additional fourteen (14) counties. There is expected to be minimal expenditures out of the Fish and Wildlife Fund to do administrative work such as update the website and send out news releases. Website updates, news releases, and updates to the Hunting & Trapping Guide are part of routine business. Administrative duties are paid for out of the Fish and Wildlife Fund and are considered part of normal operating costs.

There is not expected to be any significant change in revenue because of the rule changes. Trappers will still need a license to trap river otters (except for landowners and tenants while hunting on their own property), and since the population of river otters is still low to moderate in the additional counties added, there is not expected to be an increase in the sale of trapping licenses to trap river otters in these counties.

c. Sources of Expenditures or Revenues Affected by the Rule –There will be no need for an appropriation and no changes in the distribution of revenue as a result of these rule changes. Administrative work to provide public information about the changes will be made through the Division of Fish and Wildlife website, news releases, emails and the annual Hunting and Trapping Regulations Guide, all of which are paid for out of the Fish and Wildlife Fund and are part of normal operating costs.

These changes will likely affect approximately four thousand (4,000) licensed trappers; around nine percent (9%) of licensed trappers report trapping in the fourteen (14) recently opened counties from Trapper Survey data. Landowners and other residents of Indiana that have ponds, particularly in which they have stocked fish, will likely be helped indirectly by allowing river otters to be taken in every county in the state and not just in select counties.

The primary benefits are to individual trappers who will be able to legally trap river otters and sell their hides, and other parts of the river otter. A river otter hide sells for approximately thirty dollars ($30) and can be higher depending on the world market for fur. Licensed fur buyers will be directly affected since they buy and sell river otter hides, and depending on their location, they may have more otter hides to sell. Indirect benefits are to those who have fishing ponds or fish production facilities and have had fish eaten by river otters. Trapping equipment vendors may see a slight increase in sales from trappers in the newly opened counties obtaining some additional equipment and lures or baits to river otter trap.

The Statement of Need on pages one to two of this document outline the benefits for these changes. The table above specifies who is impacted. The direct and indirect effects of the proposed rules are described on pages one and two of this document. As described on these pages, these proposed changes will allow trappers to trap river otters in fourteen (14) additional counties in Indiana. These is no change in the fees.

a. Estimate of Primary and Direct Benefits of the Rule – The direct benefits of these rules are to trappers that will be able to trap river otters in fourteen (14) additional counties in Indiana, therefore allowing trapping statewide.

b. Estimate of Secondary or Indirect Benefits of the Rule – Indirect benefits of these rule changes are described above and include trappers who live or trap in the fourteen (14) additional counties that are now open for trapping as well as landowners who stock fish in their private ponds and experience damage from river otters eating their fish. Landowners will have a legal option to trap otters in their ponds in these counties during the river otter season, and not have to get a separate permit to take a river otter. Fur buyers and trapping equipment vendors will also be indirectly affected by having additional counties open for trapping by having more river otter pelts and additional equipment sales in these counties.

c. Estimate of Any Cost Savings to Regulated Industries – There will be no cost savings for trappers or fur buyers because of these changes.

See pages 1-2 of this document.

a. Estimate of Compliance Costs for Regulated Entities – There are no new costs for regulated entities or businesses to comply with these rules.

b. Estimate of Administrative Expenses Imposed by the Rules – There is expected to be only minimal expenditures out of the Fish and Wildlife Fund to do administrative work such as updating the website and sending out news releases. Website updates, news releases, and updates to the Hunting & Trapping Regulations Guidebook are part of routine business. Administrative duties are paid out of the Fish and Wildlife Fund and are part of normal operating costs.

c. The fees, fines, and civil penalties analysis required by IC 4-22-2-19.6 –The rules do not add or change a fee, fine, or civil penalty.

a. Independent Verifications or Studies - The number of licensed trappers was obtained from the number of trappers that purchase trapping licenses and the record of river otters trapped each year through the department's license and the electronic harvest reporting system. Information about trapper opinions and counties trapped most came from Annual Trapper Survey data completed by the department. The river otter population model was developed with support from a research contractor at the University of St. Thomas and is now updated annually by department staff.

b. Sources Relied Upon in Determining and Calculating Costs and Benefits –The benefits and costs of the proposed changes were obtained from staff of the department's Division of Fish and Wildlife.

There are no new costs for regulated entities or businesses because of these rule changes. Trappers will have additional counties to trap river otters and have input on the statewide quota for river otters that are trapped during the season. The department believes that with the expected benefits for trappers and fur buyers, and few administrative costs for the department, these rule changes are warranted.

Notice of First Public Comment Period with Proposed Rule: 20240306-IR-312240086FNA

LSA Document #24-86

Notice of Determination Received: February 8, 2024

DIN: 20240306-IR-312240086RAA

Composed: May 01,2024 10:46:32AM EDT

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