20071003-IR-312070023FRA Amends 312 IAC 8-2-3 to allow handguns possessed in accordance with IC 35-47 to be carried on DNR properties. Amends 312 IAC 9-3-2.5, 312 IAC 9-3-3, 312 IAC 9-3-4, 312 IAC 9-3-14, and 312 IAC 9-4-11 ...

TITLE 312 NATURAL RESOURCES COMMISSION

Final Rule

LSA Document #07-23(F)

DIGEST

Amends 312 IAC 8-2-3 to allow handguns possessed in accordance with IC 35-47 to be carried on DNR properties. Amends 312 IAC 9-3-2.5, 312 IAC 9-3-3, 312 IAC 9-3-4, 312 IAC 9-3-14, and 312 IAC 9-4-11 to authorize handgun possession in accordance with IC 35-47 to be carried while hunting deer during special youth season, hunting deer by firearms, hunting deer by bow and arrow, chasing raccoon and opossum, hunting wild turkey, and to identify the types of licenses under which deer may be hunted during the special youth season and by firearms. Effective 30 days after filing with the Publisher.

312 IAC 8-2-3; 312 IAC 9-3-2.5; 312 IAC 9-3-3; 312 IAC 9-3-4; 312 IAC 9-3-14; 312 IAC 9-4-11

SECTION 1. 312 IAC 8-2-3 IS AMENDED TO READ AS FOLLOWS:

312 IAC 8-2-3 Firearms, hunting, and trapping

Authority: IC 14-10-2-4; IC 14-22-2-6; IC 14-11-2-1

Affected: IC 14-22-11-1; IC 35-47-2

Sec. 3. (a) A person must not possess a firearm or bow and arrows on a DNR property unless one (1) of the following conditions apply:

(1) The firearm or bow and arrows are:

(A) unloaded and unnocked; and

(B) placed in a case or locked within a vehicle.

(2) The firearm or bow and arrows are possessed at and of a type designated for usage on:

(A) a rifle;

(B) a pistol;

(C) a shotgun; or

(D) an archery;

range.

(3) The firearm or bow and arrows are being used in the lawful pursuit of either of the following:

(A) A wild animal on a DNR property authorized for that purpose.

(B) A groundhog as authorized under a license.

(4) The person possesses a handgun on a DNR property other than a reservoir owned by the U.S. Army Corps of Engineers or Falls of the Ohio State Park:

(A) with a valid unlimited license to carry a handgun:

(i) issued under IC 35-47-2-3; or

(ii) recognized under IC 35-47-2-21(b); or

(B) pursuant to an exemption to handgun licensure requirements as authorized under IC 35-47-2-2.

(b) Except as provided in subsection (a)(1) or (a)(4), a firearm or bow and arrows may not be possessed on DNR properties within any of the following:

(1) A nature preserve unless hunting is authorized under subsection (c).

(2) A property administered by the division of state museums and historic sites.

(3) A campground.

(4) A picnic area.

(5) A beach.

(6) A service area.

(7) A headquarters building.

(8) A hunter check station.

(9) A developed recreation site.

(c) A person may hunt on a state forest administered by the division of forestry, a reservoir administered by the division of state parks and reservoirs, or a wildlife area administered by the division of fish and wildlife. A person using any of these areas must do the following:

(1) Comply with all federal and state hunting, trapping, and firearms laws.

(2) On a fish and wildlife area and a reservoir property, obtain a one (1) day hunting permit and record from a checking station. The person must:

(A) retain the permit and record card while in the field for the authorized date; and

(B) as directed, return them to the department.

(3) Refrain from hunting on a nature preserve if prohibited by signage posted at the site.

(d) Unless otherwise posted or designated on a property map, a person must not place a trap except as authorized by a license issued for a property by an authorized representative. This license is in addition to the licensing requirement for traps set forth in IC 14-22-11-1.

(e) A person must not run dogs, except:

(1) during the lawful pursuit of wild animals; or

(2) as authorized by a license for field trials or in a designated training area.

A property administered by the division of fish and wildlife may be designated for training purposes without requiring a field trial permit. Only dogs may be used during field trials on a DNR property, except where authorized by a license on a fish and wildlife property.

(f) Unless otherwise designated, a person must not discharge a firearm or bow and arrows within two hundred (200) feet of any of the following:

(1) A campsite.

(2) A boat dock.

(3) A launching ramp.

(4) A picnic area.

(5) A bridge.

(g) A person must not leave a portable tree blind or duck blind unattended except for the period authorized by 312 IAC 9-3-2(l).

(h) The following terms apply to the use of shooting ranges:

(1) A person must not use a shooting range unless the person is:

(A) at least eighteen (18) years of age; or

(B) accompanied by a person who is at least eighteen (18) years of age.

(2) A person must:

(A) register with the department; and

(B) pay any applicable fees;

before using a shooting range.

(3) A person must shoot only at paper targets placed on target holders provided by the department. All firing must be downrange with reasonable care taken to assure any projectile is stopped by the range backstop.

(4) Shot not larger than size 6 must be used on a shotgun range.

(5) A person must not:

(A) discharge a firearm using automatic fire;

(B) use tracer, armor-piercing, or incendiary rounds;

(C) play on, climb on, walk on, or shoot into or from the side berms; or

(D) shoot at clay pigeons, except on a site designated for shooting clay pigeons.

Glass and other forms of breakable targets must not be used on a shooting range.

(6) A person must dispose of the targets used by the person under section 2(a) of this rule.

(7) Permission must be obtained from the department in advance for a shooting event that involves any of the following:

(A) An entry fee.

(B) Competition for any of the following:

(i) Cash.

(ii) Awards.

(iii) Trophies.

(iv) Citations.

(v) Prizes.

(C) The exclusive use of the range or facilities.

(D) A portion of the event occurring between sunset and sunrise.

(8) On a field course, signs and markers must be staked. Trees must not be marked or damaged.

(i) A person must not take a reptile or amphibian unless the person is issued a scientific collector license under 312 IAC 9-10-6. Exempted from this subsection are:

(1) turtles taken under 312 IAC 9-5-2; and

(2) frogs taken under 312 IAC 9-5-3;

from a DNR property where hunting or fishing is authorized.

(Natural Resources Commission; 312 IAC 8-2-3; filed Oct 28, 1998,3:32 p.m.: 22 IR 739, eff Jan 1, 1999; filed Nov 5, 1999, 10:14 a.m.: 23 IR 553, eff Jan 1, 2000; filed Jun 17, 2002, 4:13 p.m.: 25 IR 3714; filed Sep 19, 2003, 8:14 a.m.: 27 IR 456; readopted filed Nov 17, 2004, 11:00 a.m.: 28 IR 1315; filed Sep 14, 2005, 2:45 p.m.: 29 IR 461, eff Jan 1, 2006; filed Jul 11, 2006, 9:04 a.m.: 20060802-IR-312060009FRA; filed Sep 6, 2007, 12:20 p.m.: 20071003-IR-312070023FRA)

SECTION 2. 312 IAC 9-3-2.5 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-3-2.5 Hunting deer during special youth season

Authority: IC 14-10-2-4; IC 14-22-2-6

Affected: IC 14-22-11-1; IC 14-22-11-10; IC 14-22-12-1; IC 14-22-12-7; IC 35-47-2

Sec. 2.5. (a) This section is supplemental to section 2 of this rule and governs the activities of an individual youth who is either of the following:

(1) Issued a license to hunt deer under:

(A) IC 14-22-11-10(b);

(B) IC 14-22-12-1(a)(24);

(C) IC 14-22-12-7(a)(4); or

(D) IC 14-22-12-7(a)(5).

(2) Hunting deer under IC 14-22-11-1. or IC 14-22-12-7.

As used in this section, "youth" means an individual who is fifteen (15) years of age or younger by the date of the hunt.

(b) The season for hunting deer under this section is two (2) consecutive days beginning on the Saturday immediately before October 1 or as approved annually by the director.

(c) The seasonal limit for hunting deer under this section is one (1) antlerless deer.

(d) A youth who hunts a deer under this section must be:

(1) fifteen (15) years of age or younger; and

(2) accompanied by an adult of at least eighteen (18) years of age.

An adult accompanying the youth hunter must not possess a firearm, bow and arrow, or crossbow while in the field and shall not be required to possess a deer hunting license.

(e) A youth hunter must not hunt deer as follows:

(1) Except from one-half (½) hour before sunrise to one-half (½) hour after sunset.

(f) A youth hunter must not hunt deer (2) Unless wearing hunter orange. An adult accompanying the youth hunter must wear hunter orange while in the field.

(g) A youth must not hunt a deer (3) Under this section with any type of equipment except a firearm or bow and arrow, including a crossbow. A youth must not possess more than one (1) type of equipment to take a deer while in the field.

(h) The following requirements apply to the use of firearms (4) With a firearm under this section except as follows:

(1) (A) A shotgun:

(A) (i) must have a gauge 10, 12, 16, 20, or .410 bore loaded with a single projectile; and

(B) (ii) may be possessed in the field outside lawful shooting hours only if there are no shells in the chamber or magazine.

(2) (B) A muzzleloading gun must be .44 caliber or larger, loaded with a bullet at least .357 inch or larger. A muzzleloading handgun must be single shot, .50 caliber or larger, loaded with bullets at least .44 caliber and have a barrel at least twelve (12) inches long. The length of a muzzleloading handgun barrel is determined by measuring from the base of the breech plug, excluding tangs and other projections, to the end of the barrel, including the muzzle crown. A muzzleloading gun must be capable of being loaded only from the muzzle, including both powder and bullet. A muzzleloading gun may be possessed in the field outside lawful shooting hours only if:

(A) (i) for percussion firearms, the cap or primer is removed from the nipple or primer adapter; or

(B) (ii) for flintlock firearms, the pan is not primed.

(3) (C) Over-and-under combination rifle-shotguns are prohibited.

(i) The following requirements apply to the use of (5) With archery equipment under this section except as follows:

(1) (A) No person shall use a long bow or compound bow of less than thirty-five (35) pounds pull.

(2) (B) Arrows must be equipped with metal or metal-edged (or flint, chert, or obsidian napped) broadheads.

(3) (C) Poisoned or explosive arrows are unlawful.

(4) (D) Bows drawn, held, or released other than by hand or hand-held releases are unlawful.

(5) (E) A long bow or compound bow may be possessed in the field before and after lawful shooting hours only if the nock of the arrow is not placed on the bow string.

(6) (F) No portion of the bow's riser (handle) or any:

(A) (i) track;

(B) (ii) trough;

(C) (iii) channel;

(D) (iv) arrow rest; or

(E) (v) other device;

that attaches to the bow's riser shall contact, support, or guide the arrow from a point rearward of the bow's brace height.

(j) The following requirements apply to (6) With the use of a crossbow under this section except as follows:

(1) (A) No youth shall use a crossbow:

(A) (i) of less than one hundred twenty-five (125) pounds pull; and

(B) (ii) that does not have a mechanical safety.

(2) (B) A crossbow may be possessed in the field before and after lawful shooting hours only if the nock of the arrow is not placed on the bow string.

(k) (f) As used in this section, "crossbow" means a device for propelling an arrow by means of traverse limbs mounted on a stock and a string and having a working safety. The crossbow may be drawn, held, and released by a mechanical device.

(g) Notwithstanding subsection (d), the adult accompanying the youth hunter as authorized under this section may possess a handgun in accordance with IC 35-47 if the adult:

(1) has a valid unlimited license to carry a handgun issued under IC 35-47-2-3;

(2) has a valid unlimited license to carry a handgun recognized under IC 35-47-2-21(b); or

(3) is not required to possess a license to carry a handgun under IC 35-47-2-2.

(Natural Resources Commission; 312 IAC 9-3-2.5; filed May 9, 2006, 2:25 p.m.: 29 IR 2943; filed Sep 6, 2007, 12:20 p.m.: 20071003-IR-312070023FRA)

SECTION 3. 312 IAC 9-3-3 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-3-3 Hunting deer by firearms

Authority: IC 14-10-2-4; IC 14-22-2-6

Affected: IC 14-22-11-1; IC 14-22-11-10; IC 14-22-12-1; IC 14-22-12-7; IC 35-47-2

Sec. 3. (a) This section is supplemental to section 2 of this rule and governs the activities of an individual who is:

(1) issued a license to hunt deer by:

(A) firearms under IC 14-22-12-1(a)(12) or IC 14-22-12-1(a)(15) during the season established in subsection (b); or

(B) a muzzleloading gun or muzzleloading handgun under IC 14-22-12-1(a)(13) or IC 14-22-12-1(a)(16) during the season established in subsection (c);

(2) issued a:

(A) lifetime license under IC 14-22-12-7 IC 14-22-12-7(a)(4) or IC 14-22-12-7(a)(5) before July 1, 2005, during the seasons established in subsections (b) and (c); or

(B) youth yearly consolidated hunting license under IC 14-22-11-10(b) or IC 14-22-12-1(a)(24); or

(3) hunting by the use of firearms under IC 14-22-11-1.

(b) The season for hunting deer with firearms is as follows:

(1) The firearms season using:

(A) shotgun;

(B) shotgun with rifled barrel;

(C) handgun;

(D) muzzleloading gun;

(E) muzzleloading handgun; or

(F) rifle, with the use of cartridges described in subsection (f)(4) only;

is from the first Saturday after November 11 and continues for an additional fifteen (15) days.

(2) The seasonal limit for hunting deer under this subsection is one (1) antlered deer.

(c) In addition to the season established under subsection (b), the season for using a muzzleloading gun or muzzleloading handgun only:

(1) extends from the first Saturday after the firearms season established under subsection (b); and

(2) continues for fifteen (15) additional days.

The seasonal limit for hunting deer under this extended season is one (1) deer of either sex.

(d) A person must not hunt deer except from one-half (½) hour before sunrise to one-half (½) hour after sunset.

(e) A person must not do the following:

(1) Hunt deer unless that person wears hunter orange.

(2) Possess bow and arrows while hunting under this section.

(f) The following requirements apply to the use of firearms A person must not hunt deer with a firearm under this section except as follows:

(1) A shotgun:

(A) must have a gauge 10, 12, 16, 20, or .410 bore loaded with a single projectile; and

(B) may be possessed in the field outside lawful shooting hours only if there are no shells in the chamber or magazine.

(2) A handgun must:

(A) conform to the requirements of IC 35-47-2;

(B) have a barrel at least four (4) inches long; and

(C) fire a bullet of two hundred forty-three thousandths (.243) inch diameter or larger.

All 38 special ammunition is prohibited. The handgun cartridge case, without bullet, must be at least one and sixteen-hundredths (1.16) inches long. A handgun must not be concealed. Full metal jacketed bullets are unlawful. A handgun may be possessed in the field outside lawful shooting hours only if there are no shells in the chamber or magazine. All 25/20, 32/20, 30 carbine, and 38 special ammunition is prohibited.

(3) A muzzleloading gun must be .44 caliber or larger, loaded with a bullet at least three hundred fifty-seven thousandths (.357) inch or larger. A muzzleloading handgun must be single shot, .50 caliber or larger, loaded with bullets at least .44 caliber and have a barrel at least twelve (12) inches long. The length of a muzzleloading handgun barrel is determined by measuring from the base of the breech plug, excluding tangs and other projections, to the end of the barrel, including the muzzle crown. A muzzleloading gun must be capable of being loaded only from the muzzle, including both powder and bullet. A muzzleloading gun may be possessed in the field outside lawful shooting hours only if:

(A) for percussion firearms, the cap or primer is removed from the nipple or primer adapter; or

(B) for flintlock firearms, the pan is not primed.

(4) A rifle must: fire a cartridge that meets the following specifications:

(A) fire a bullet of three hundred fifty-seven thousandths (.357) of an inch diameter or larger;

(B) have a minimum case length of one and sixteen-hundredths (1.16) inches; and

(C) have a maximum case length of one and six hundred twenty-five thousandths (1.625) inches.

(5) Over-and-under combination rifle-shotguns are prohibited.

(6) Notwithstanding subsection (f)(2), a person may possess a handgun in accordance with IC 35-47 while hunting deer under this section if the person:

(A) has a valid unlimited license to carry a handgun issued under IC 35-47-2-3;

(B) has a valid unlimited license to carry a handgun recognized under IC 35-47-2-21(b); or

(C) is not required to possess a license to carry a handgun under IC 35-47-2-2.

(Natural Resources Commission; 312 IAC 9-3-3; filed May 12, 1997, 10:00 a.m.: 20 IR 2703; filed Nov 13, 1997, 12:09 p.m.: 21 IR 1272; filed Dec 26, 2001, 2:40 p.m.: 25 IR 1530; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; filed Sep 23, 2004, 3:00 p.m.: 28 IR 538; filed Jun 23, 2006, 2:24 p.m.: 20060719-IR-312050214FRA; filed Jun 29, 2007, 2:30 p.m.: 20070725-IR-312060272FRA; filed Sep 6, 2007, 12:20 p.m.: 20071003-IR-312070023FRA)

SECTION 4. 312 IAC 9-3-4 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-3-4 Hunting deer by bow and arrows

Authority: IC 14-10-2-4; IC 14-22-2-6

Affected: IC 14-22-11-1; IC 14-22-11-10; IC 14-22-12-1; IC 14-22-12-7; IC 35-47-2

Sec. 4. (a) This section is supplemental to section 2 of this rule and governs the activities of an individual who is either:

(1) issued a license to hunt deer by bow and arrows under:

(A) IC 14-22-11-10(b);

(B) IC 14-22-12-1(a)(14);

(C) IC 14-22-12-1(a)(17);

(D) IC 14-22-12-1(a)(24);

(E) IC 14-22-12-7(a)(4); or

(F) IC 14-22-12-7(a)(5);

and is supplemental to section 2 of this rule; or

(2) hunting by the use of bow and arrows under IC 14-22-11-1.

(b) The season for hunting deer by bow and arrows during the:

(1) early bow season is from October 1 through the firearms season (set forth in section 3(b) of this rule); and

(2) late bow season from the first Saturday after the firearms season through the first Sunday in January.

(c) The urban deer season is:

(1) from September 15 through the firearms season (set forth in section 3(b) of this rule); and

(2) during the late bow season from the first Saturday after the firearms season through the first Sunday in January.

(d) The seasonal limit for hunting under this section is one (1) deer of either sex. After August 31, 2012, a person must not take an antlered deer by means of a crossbow.

(e) A person must not hunt deer under this section as follows:

(1) Except from one-half (½) hour before sunrise to one-half (½) hour after sunset.

(f) A person must not hunt deer under this section (2) Unless that person wears hunter orange. However, this subsection subdivision does not apply:

(1) (A) before the commencement of the firearms season set forth in section 3(b) of this rule; and

(2) (B) after the muzzleloading gun season set forth in section 3(c) of this rule.

(g) A person must not hunt under this section (3) Unless that person possesses only one (1) bow. A person must not possess a firearm while hunting under this section.

(h) The following requirements apply to the use of archery equipment under this section (4) Except as follows:

(1) (A) No person shall use a long bow or compound bow of less than thirty-five (35) pounds pull.

(2) (B) Arrows must be equipped with metal or metal-edged (or flint, chert, or obsidian napped) broadheads.

(3) (C) Poisoned or explosive arrows are unlawful.

(4) (D) Bows drawn, held, or released other than by hand or hand-held releases are unlawful.

(5) (E) A long bow or compound bow may be possessed in the field before and after lawful shooting hours only if the nock of the arrow is not placed on the bow string.

(6) (F) No portion of the bow's riser (handle) or any:

(A) (i) track;

(B) (ii) trough;

(C) (iii) channel;

(D) (iv) arrow rest; or

(E) (v) other device;

that attaches to the bow's riser shall contact, support, or guide the arrow from a point rearward of the bow's brace height.

(i) (f) Notwithstanding subsection (h), (e)(4), a person may use a crossbow to take a deer of either sex during the late bow season from the first Saturday after the firearms season through the first Sunday in January if the following restrictions are met:

(1) No person shall use a crossbow:

(A) of less than one hundred twenty-five (125) pounds pull; or

(B) that does not have a mechanical safety.

(2) A crossbow may be possessed in the field before and after lawful shooting hours only if the nock of the arrow is not placed on the bow string.

(j) (g) As used in this rule, "crossbow" means a device for propelling an arrow by means of traverse limbs mounted on a stock and a string and having a working safety. The crossbow may be drawn, held, and released by a mechanical device.

(h) Notwithstanding subsection (e)(3), a person may possess a handgun in accordance with IC 35-47 while hunting deer under this section if the person:

(1) has a valid unlimited license to carry a handgun issued under IC 35-47-2-3;

(2) has a valid unlimited license to carry a handgun recognized under IC 35-47-2-21(b); or

(3) is not required to possess a license to carry a handgun under IC 35-47-2-2.

(Natural Resources Commission; 312 IAC 9-3-4; filed May 12, 1997, 10:00 a.m.: 20 IR 2703; filed Nov 5, 1997, 3:25 p.m.: 21 IR 930; filed Dec 26, 2001, 2:40 p.m.: 25 IR 1530; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; filed Sep 23, 2004, 3:00 p.m.: 28 IR 538; filed May 25, 2005, 10:15 a.m.: 28 IR 2945; filed Jun 29, 2007, 2:30 p.m.: 20070725-IR-312060272FRA; filed Jul 10, 2007, 2:09 p.m.: 20070808-IR-312060572FRA; filed Sep 6, 2007, 12:20 p.m.: 20071003-IR-312070023FRA)

SECTION 5. 312 IAC 9-3-14 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-3-14 Opossums and raccoons

Authority: IC 14-10-2-4; IC 14-22-2-6

Affected: IC 14-22; IC 35-47-2

Sec. 14. (a) Except as provided in subsection (b), the seasons applicable to raccoons and opossums are as follows:

(1) Hunting from noon on November 8 until noon on January 31 of the following year.

(2) Trapping from 8 a.m. on November 15 until noon on January 31 of the following year.

(3) Chasing from noon on February 15 until noon on October 14.

(b) A nonresident may hunt raccoons under subsection (a)(1) and may trap raccoons under subsection (a)(2) only to the extent that these raccoon seasons in the state of the nonresident are open to Indiana residents.

(c) A person must not do the following:

(1) Possess a firearm, air rifle, or another device capable of taking a raccoon or opossum while chasing a raccoon or opossum during the chasing season established under subsection (a)(3).

(d) A person must not (2) Remove, attempt to remove, dislodge, or attempt to dislodge a raccoon from:

(A) a tree hollow;

(B) a hole;

(C) a den;

(D) a pocket;

(E) a cavity;

(F) a burrow;

(G) a tile; or

(H) any other place;

where the raccoon has secreted itself for security or protection or in which the raccoon maintains a nest or den.

(e) A person must not (3) Possess an opossum or a raccoon except from November 8 through February 20 of the following year.

(d) Notwithstanding subsection (c)(1), a person may possess a handgun in accordance with IC 35-47 while chasing raccoons and opossums under this section if the person:

(1) has a valid unlimited license to carry a handgun issued under IC 35-47-2-3;

(2) has a valid unlimited license to carry a handgun recognized under IC 35-47-2-21(b); or

(3) is not required to possess a license to carry a handgun under IC 35-47-2-2.

(Natural Resources Commission; 312 IAC 9-3-14; filed May 12, 1997, 10:00 a.m.: 20 IR 2707; filed May 28, 1998, 5:14 p.m.: 21 IR 3714; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; filed Sep 23, 2004, 3:00 p.m.: 28 IR 540; filed Sep 6, 2007, 12:20 p.m.: 20071003-IR-312070023FRA)

SECTION 6. 312 IAC 9-4-11 IS AMENDED TO READ AS FOLLOWS:

312 IAC 9-4-11 Wild turkeys

Authority: IC 14-10-2-4; IC 14-22-2-6

Affected: IC 14-22-11-1; IC 14-22-11-11; IC 35-47-2

Sec. 11. (a) Except as provided in subsection (c), the spring season for hunting and possessing wild turkeys:

(1) is from the first Wednesday after April 20; and

(2) continues for an additional eighteen (18) consecutive days.

(b) The fall season for hunting and possessing wild turkeys with a bow and arrows:

(1) is from October 1 to the end of the fall turkey season with firearms, which begins on the first Wednesday after October 14; and

(2) continues for an additional four (4) consecutive days;

except as provided in subsection (c).

(c) The spring and fall seasons for hunting and possessing wild turkeys on Camp Atterbury shall be determined by the director on an annual basis to prevent interference with military training exercises.

(d) The limit for taking and possessing is one (1):

(1) bearded or male wild turkey during the spring season; and

(2) wild turkey of either sex during the fall season.

(e) A person must not do the following:

(1) Hunt wild turkeys except between one-half (½) hour before sunrise and sunset.

(f) A person must not (2) Take a wild turkey except with the use of one (1) of the following:

(1) (A) A shotgun or muzzleloading shotgun:

(A) (i) not smaller than 20 gauge; and

(B) (ii) not larger than 10 gauge;

loaded only with shot of size 4, 5, 6, 7, or 7½.

(2) (B) A bow and arrows, including crossbows as defined in 312 IAC 9-3-4(j), 312 IAC 9-3-4(g), with the following restrictions:

(A) (i) A person must not use a:

(i) (AA) long bow; or

(ii) (BB) compound bow;

of less than thirty-five (35) pounds pull.

(B) (ii) Arrows must be equipped with metal or metal-edged (or flint, chert, or obsidian napped) broadheads.

(C) (iii) A person must not use a:

(i) (AA) crossbow of less than one hundred twenty-five (125) pounds pull;

(ii) (BB) crossbow unless it has a mechanical safety; or

(iii) (CC) poisoned or explosive arrow.

(D) (iv) No portion of a bow's riser (handle) or:

(i) (AA) track;

(ii) (BB) trough;

(iii) (CC) channel;

(iv) (DD) arrow rest; or

(v) (EE) other device;

that attaches to the bow's riser shall contact, support, or guide the arrow from a point rearward of the bow's brace height.

(E) (v) Before or after lawful shooting hours, a person must not possess a:

(i) (AA) long bow;

(ii) (BB) compound bow; or

(iii) (CC) crossbow;

in the field if the nock of the arrow is placed on the bow string.

(g) A person must not (3) Hunt wild turkeys in the:

(A) fall season except in a county the director designates on an annual basis by temporary rule; or in the

(B) spring season in Henry County.

(h) (f) The special youth season for hunting wild turkeys under this subsection is two (2) consecutive days beginning on the Saturday immediately before the start of the spring turkey season in subsection (a). As used in this subsection, "youth" means an individual who is less than sixteen (16) years of age on the date of the hunt. A youth who hunts a wild turkey under this section must be accompanied by an adult who is at least eighteen (18) years of age. An adult accompanying a youth hunter must not possess a firearm, bow and arrow, or crossbow while in the field. The seasonal limit for hunting turkeys under this subsection is one (1) bearded or male wild turkey. A youth hunter who takes a turkey under this subsection must not take another turkey during the spring turkey season in the same year.

(i) (g) The use of:

(1) a dog;

(2) another domesticated animal;

(3) a live decoy;

(4) a recorded call;

(5) an electronically powered or controlled decoy; or

(6) bait;

to take a wild turkey is prohibited. An area is considered baited for ten (10) days after the removal of the bait, but an area is not considered to be baited that is attractive to wild turkeys resulting from normal agricultural practices.

(j) (h) A person must not possess a handgun while hunting wild turkeys or while accompanying the youth hunter during the season established in subsection (f) unless the person possesses a handgun in accordance with IC 35-47 and:

(1) has a valid unlimited license to carry a handgun issued under IC 35-47-2-3;

(2) has a valid unlimited license to carry a handgun recognized under IC 35-47-2-21(b); or

(3) is not required to possess a license to carry a handgun under IC 35-47-2-2.

(k) (i) Except as provided under IC 14-22-11-1 and IC 14-22-11-11, a person must not hunt:

(1) wild turkeys unless possessing a completed and signed license bearing the person's name; or

(2) with a wild turkey license issued to another person.

(l) (j) A piece of paper must, immediately after taking a wild turkey:

(1) be attached to a leg of the turkey directly above the spur; and

(2) state the:

(A) name and address of the person;

(B) license number (if applicable);

(C) date; and

(D) sex;

of the wild turkey taken.

(m) (k) A person who takes a turkey must do the following:

(1) Cause delivery of the turkey to an official turkey checking station within forty-eight (48) hours of taking for registration. After the checking station operator:

(A) records the permanent seal number on the log; and

(B) collects the piece of paper described in subsection (l); (j);

the person is provided with that seal.

(2) Immediately and firmly affix the seal to the leg of the turkey as follows:

(A) Directly above the piece of paper described in subsection (l) (j) for a turkey taken during the spring season.

(B) Through a section of skin or flesh to prevent its removal (without cutting the seal or the body part to which it is affixed) for a turkey taken in the fall season.

The permanent seal must remain affixed until processing of the turkey begins. The official turkey checking station operator shall accurately and legibly complete all forms provided by the department and make those forms available to department personnel on request.

(n) (l) The feathers and beard of a wild turkey must remain attached while the wild turkey is in transit from the site where taken.

(Natural Resources Commission; 312 IAC 9-4-11; filed May 12, 1997, 10:00 a.m.: 20 IR 2710; filed May 28, 1998, 5:14 p.m.: 21 IR 3715; filed Dec 26, 2001, 2:40 p.m.: 25 IR 1533; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; filed Sep 23, 2004, 3:00 p.m.: 28 IR 541; filed May 25, 2005, 10:15 a.m.: 28 IR 2946; filed Jun 23, 2006, 2:24 p.m.: 20060719-IR-312050214FRA; filed Jan 8, 2007, 9:11 a.m.: 20070207-IR-312060193FRA; filed Sep 6, 2007, 12:20 p.m.: 20071003-IR-312070023FRA)

LSA Document #07-23(F)

Notice of Intent: 20070117-IR-312070023NIA

Proposed Rule: 20070404-IR-312070023PRA

Hearing Held: May 15, 2007 AND May 16, 2007

Approved by Attorney General: August 30, 2007

Approved by Governor: September 6, 2007

Filed with Publisher: September 6, 2007, 12:20 p.m.

Documents Incorporated by Reference: None Received by Publisher

Small Business Regulatory Coordinator: Linnea Petercheff, Staff Specialist, Division of Fish and Wildlife, Department of Natural Resources, 402 W. Washington Street, Room W273, Indianapolis, Indiana 46204, [phone], [e-mail]

Posted: 10/03/2007 by Legislative Services Agency

DIN: 20071003-IR-312070023FRA

Composed: Nov 01,2016 12:15:33AM EDT

A PDF version of this document.