Section 312 IAC 18-3-15 - Release of a beneficial organism or a pest or pathogenAuthority: IC 14-10-2-4; IC 14-24-3
Affected: IC 14-24
Sec. 15.
(a) A person or a federal agency must not release a beneficial organism or a pest or pathogen in Indiana without a permit issued by the division director under this section.(b) Before a permit is issued under this section, a person or a federal agency must demonstrate, to a reasonable certainty, that the release of a beneficial organism or a pest or pathogen would do none of the following:(1) Harm a nontarget plant or animal.(2) Interfere with normal management and production practices in agriculture, horticulture, viticulture, silviculture, nursery production, or greenhouse production.(3) Disturb the ecological stability of an Indiana native organism or its environments.(c) An application for release must be prepared on a commission form and must include each of the following: (1) The current scientific name of the beneficial organism or pest or pathogen, as well as prior synonyms and taxonomic placements.(2) The life stages to be considered for release, including any genetic recombinations.(3) A listing of all known foods or hosts of the beneficial organism or pest or pathogen. The listing must identify the target organism, if applicable. The listing must be documented by published scientific literature with peer review.(4) The known distribution of the beneficial organism or pest or pathogen, including habitat preferences and tolerances. This information must be documented by: (A) scientific literature;(B) regulatory survey; or(5) The method of release of the beneficial organism or pest or pathogen.(6) The life cycle of the beneficial organism or pest or pathogen.(7) The place of origin of the beneficial organism or pest or pathogen.(8) The ecological classification of the beneficial organism or pest or pathogen. Examples of an ecological classification include: (9) Documentation of any known pest or predator of the beneficial organism or pest or pathogen.(10) The number of beneficial organisms or pests or pathogens to be released.(11) The location of the proposed release.(12) Clearly readable copies of scientific literature regarding the beneficial organism or pest or pathogen. Any literature supporting and not supporting the applicant's application must be made available to the division.(13) Upon request by the division director, additional information reasonably necessary to demonstrate compliance with this article and IC 14-24. As a prerequisite to the consideration of a permit, the division director may require information consistent with an environmental assessment under 329 IAC 5-1 or an environmental impact statement under 329 IAC 5-2.(14) The division director shall respond to the applicant within thirty (30) days with one (1) of the following notifications: (C) Approve the permit with conditions.(D) Request the applicant to provide additional information within a stated period with an explanation that, if information is not provided as requested, the permit would be denied.(15) If the division director fails to make a timely response under subdivision (14), the applicant may treat the application as denied and seek administrative review.(d) The division director may establish a listing of organisms that are exempted or that may be released under a general license. The division director shall submit the listing to the commission for its approval.(e) A person must not sell, barter, offer for sale or distribution, or release a beneficial organism or pest or pathogen without first obtaining a permit from the division.(f) A person must not mislabel a beneficial organism or pest or pathogen.(g) A person must not misrepresent data or submit incomplete data that could mislead an investigator or the division director in considering the merits of a permit application.Natural Resources Commission; 312 IAC 18-3-15; filed Apr 1, 2004, 3:00 p.m.: 27 IR 2470; readopted filed Sep 19, 2008, 10:23 a.m.: 20081008-IR-312080076RFA; Readopted filed 7/17/2014, 3:48 p.m.: 20140813-IR-312140105RFAReadopted filed 9/18/2019, 1:18 p.m.: 20191016-IR-312190373RFA