red squirrels?

[Russ Koon]

We don't have many in the woods near me, but I was under the impression that red squirrels were not legal game. I seem to recall them being explicitly protected in the Hunting Guides of some years ago, but hadn't checked in recent years.

Now the question has arisen and when I checked the Hunting Guide, I see that Fox and Gray Squirrels are specified as being legal species and red squirrels are not mentioned at all.

Can you clarify for us whether the red squirrel is now a legal species to take during season, or are they still protected by being omitted as being listed among the legal squirrel species?

Thanks.

[morrison]

Although I have heard this interpreted differently, my read on the topic is this:

14-8-2-318 defines a wild animal as, "... an animal whose species usually lives in the wild; or is not domesticated."

14-22-6-1 states that "A person may not take, chase or possess a wild animal except as provided by a statute; or a rule..."

312 IAC 9-2-1 states "A person must not take, chase or possess a wild animal except as provided by statute or by this article."

312 IAC 9-3-17 only mentions fox squirrels and gray squirrels. It is important to note that red squirrels are not mentioned...

When you read these descriptions you get the sense that red squirrels cannot be chased or taken since they are certainly a wild animal. However...you'd be incorrect.

312 IAC 9-3-20 states, "Any mammal not identified in this article is an exempted wild animal."

312 IAC 9-1-6 defines an exempted wild animal as "a wild animal that is unprotected and may be taken or possessed at any time."

So... the final answer is "Yes, a red squirrel may be taken at any time." Hope this helps...