20060705-IR-312060196ERA Temporarily amends 312 IAC 9 to govern noncommercial hunts at Brown County State Park, Chain O'Lakes State Park, Charlestown State Park, Clifty Falls State Park, Fort Harrison State Park, Harmonie St...  

  • TITLE 312 NATURAL RESOURCES COMMISSION

    Emergency Rule
    LSA Document #06-196(E)

    DIGEST

    Temporarily amends 312 IAC 9 to govern noncommercial hunts at Brown County State Park, Chain O'Lakes State Park, Charlestown State Park, Clifty Falls State Park, Fort Harrison State Park, Harmonie State Park, Indiana Dunes State Park, Lincoln State Park, Ouabache State Park, Pokagon State Park, Potato Creek State Park, Shades State Park, Summit Lake, Tippecanoe River State Park, Turkey Run State Park, Versailles State Park, Whitewater Memorial State Park, and Twin Swamps Nature Preserve. Effective June 27, 2006.


    SECTION 1. (a) Notwithstanding 312 IAC 9-2-11, 312 IAC 8-2, and any other provision governing hunting a wild animal within a state park, individuals qualified under this SECTION may hunt white-tailed deer on November 13 through November 14, 2006, and December 4 through December 5, 2006, at the following sites and within the following schedules:
    (1) Brown County State Park from 7:30 a.m. to 4:00 p.m. EST.
    (2) Chain O'Lakes State Park from 7:30 a.m. to 4:00 p.m. EST.
    (3) Charlestown State Park from 7:30 a.m. to 4:00 p.m. EST.
    (4) Clifty Falls State Park from 7:30 a.m. to 4:00 p.m. EST.
    (5) Fort Harrison State Park from 7:30 a.m. to 4:00 p.m. EST.
    (6) Harmonie State Park from 6:30 a.m. to 3:00 p.m. CST.
    (7) Indiana Dunes State Park from 6:30 a.m. to 3:00 p.m. CST.
    (8) Lincoln State Park from 6:30 a.m. to 3:00 p.m. CST.
    (9) Ouabache State Park from 7:30 a.m. to 4:00 p.m. EST.
    (10) Pokagon State Park from 7:30 a.m. to 4:00 p.m. EST.
    (11) Potato Creek State Park from 7:30 a.m. to 4:00 p.m. EST.
    (12) Shades State Park from 7:30 a.m. to 4:00 p.m. EST.
    (13) Summit Lake State Park from 7:30 a.m. to 4:00 p.m. EST.
    (14) Tippecanoe River State Park from 6:30 a.m. to 3:00 p.m. CST.
    (15) Turkey Run State Park from 7:30 a.m. to 4:00 p.m. EST.
    (16) Versailles State Park from 7:30 a.m. to 4:00 p.m. EST.
    (17) Whitewater State Park from 7:30 a.m. to 4:00 p.m. EST.
    (18) Twin Swamps Nature Preserve from 6:30 a.m. to 3:00 p.m. CST.

    (b) Except as provided in subsection (q) for Clifty Falls State Park and Fort Harrison State Park, a deer may be lawfully taken under this SECTION only by the use of a firearm that may be lawfully used to hunt deer in Indiana.

    (c) In order to apply for a license under this SECTION, an individual must satisfy both of the following requirements:
    (1) Possess at least one (1) valid resident license issued under 312 IAC 9-3-3, 312 IAC 9-3-4, or IC 14-22-12-7 to take deer.
    (2) Be at least eighteen (18) years old by November 13, 2006.

    (d) For each state park other than Clifty Falls State Park and Fort Harrison State Park, the department will determine the participants for the hunt by first selecting individuals who have completed a course of instruction in hunter safety under IC 14-22-35. If more than the maximum number of individuals who have completed this course apply for a license under this SECTION, the department will select the participants for that state park by a drawing from those individuals who have completed the course. If fewer than the maximum number of individuals who have completed this course apply for a license, the department shall supplement the participation list with applicants who have not completed a course of instruction in hunter safety. If supplementing the participation list with applicants who have not completed a course of instruction results in more applications than the maximum number of individuals who may be issued a license, the department will select the supplemental participants by a drawing from those individuals who have not completed the course.

    (e) An application for a license under this SECTION must be completed on a department form as described in this subsection as follows:
    (1) A department form is available:
    (A) at all state parks and reservoirs;
    (B) at the Customer Service Center in the Indiana Government Center-South, 402 West Washington Street, Room W160, Indianapolis, Indiana 46204; or
    (C) on the Internet at http://www.in.gov/dnr/.
    (2) In order to qualify an applicant for a license, an application must be submitted as follows:
    (A) A completed form obtained under subdivision (1) is actually received by August 18, 2006, at the Department of Natural Resources, 402 West Washington Street, Room W264, Indianapolis, Indiana 46204; or
    (B) A completed application on-line at http://www.in.gov/ai/appfiles/dnr-slh/ is received before August 26, 2006. The department will begin accepting on-line applications on July 1, 2006, at 8 a.m., EDT.

    (f) An individual may file no more than three (3) separate applications for three (3) individual applicants. Up to three (3) applications may be submitted as a unit so that all or none of the applicants will be selected to participate in the hunt. The submission by an individual of more than one (1) application per period disqualifies the individual (and any other individual submitting as a unit with the individual) from participating in the drawing. For the purposes of this subsection, one (1) "period" is November 13 through November 14, 2006, and the other "period" is December 4 through December 5, 2006.

    (g) Any drawing required by this SECTION will be conducted on a random basis. Written notice will be mailed by the department to successful applicants.

    (h) Each individual issued a license under this SECTION will be randomly assigned to specific management units with designated parking assignments. Each license holder must comply with the requirements set forth in the assignment.

    (i) The form of the license under this SECTION shall be as determined by the department. Each participant in the hunt must possess and display evidence of the license as specified by the department.

    (j) Notwithstanding 312 IAC 9-1-15, a participant (except for a participant at Clifty Falls State Park and Fort Harrison State Park) must expose outer garments with hunter orange, which include both of the following:
    (1) A hat or cap.
    (2) A vest, coat, jacket, or coveralls.

    (k) During the hunt, an individual must not take more than:
    (1) Three (3) total deer.
    (2) Included among the total deer taken, there must not be more than one (1) antlered deer.

    (l) A deer taken under this SECTION does not apply to any bag limit for taking deer established by 312 IAC 9.

    (m) All deer must be delivered to a designated check station within the state park.

    (n) An individual must not enter a state park described in this SECTION during the following periods:
    (1) from 8 p.m., EST (7 a.m., CST) on Sunday, November 12 through 8 a.m., EST on Wednesday, November 15, 2006; or
    (2) from 8 p.m., EST on Sunday, December 3 through 8 a.m., EST (7 a.m., CST) on Wednesday, December 6, 2006;
    unless the individual satisfies both subsection [subsections] (o) and (p).

    (o) An individual shall enter a state park only at a site designated by the department.

    (p) In order to enter a state park, an individual must be one (1) of the following:
    (1) An individual granted a license under this SECTION.
    (2) A representative of the media.
    (3) An employee of the department.
    (4) Another individual with credentials supplied by the department.

    (q) An individual who participates in the hunt must not discharge bow and arrows except from a tree stand.

    SECTION 2. (a) Notwithstanding any other provision governing hunting a wild animal within a nature preserve dedicated under IC 14-31-1, individuals qualified under this SECTION may by firearms only hunt white-tailed deer at Twin Swamps Nature Preserve in Posey County from 6:30 a.m. until 3 p.m., CST on November 13 through November 14, 2006, and December 4 through December 5, 2006.

    (b) In order to apply for a license under this SECTION, an individual must satisfy both of the following requirements:
    (1) Possess at least one (1) valid resident license issued under 312 IAC 9-3-3, 312 IAC 9-3-4, or IC 14-22-12-7 to take deer.
    (2) Be at least eighteen (18) years old by November 13, 2006.

    (c) The department will determine the participants for the hunt by first selecting individuals who have completed a course of instruction in hunter safety under IC 14-22-35. If more than the maximum number of individuals who have completed this course apply for a license under this SECTION, the department will select the participants for that nature preserve by a drawing from those individuals who have completed the course. If fewer than the maximum number of individuals who have completed this course apply for a license, the department shall supplement the participation list with applicants who have not completed a course of instruction in hunter safety. If supplementing the participation list with applicants who have not completed a course of instruction results in more applications than the maximum number of individuals who may be issued a license, the department will select the supplemental participants by a drawing from those individuals who have not completed the course.

    (d) An application for a license under this SECTION must be completed on a department form as described in this subsection as follows:
    (1) A department form is available:
    (A) at all state parks and reservoirs;
    (B) at the Customer Service Center in the Indiana Government Center-South, 402 West Washington Street, Room W160, Indianapolis, Indiana 46204; or
    (C) on the Internet at http://www.in.gov/dnr/.
    (2) In order to qualify an applicant for a license, an application must be submitted as follows:
    (A) A completed form obtained under subdivision (1) is actually received by August 18, 2006, EDT, at the Department of Natural Resources, 402 West Washington Street, Room W264, Indianapolis, Indiana 46204; or
    (B) A completed application on-line at http://www.in.gov/ai/appfiles/dnr-slh/ is received before August 26, 2006. The department will begin accepting on-line applications on July 1, 2006, at 8 a.m., EDT.

    (e) An individual may file no more than three (3) separate applications for three (3) individual applicants. Up to three (3) applications may be submitted as a unit so all or none of the applicants will be selected to participate in the hunt. The submission by an individual of more than one (1) application per period disqualifies the individual (and any other individual submitting as a unit with the individual) from participating in the drawing. For the purposes of this subsection, one (1) "period" is November 13 through November 14, and the other "period" is December 4 through December 5, 2006.

    (f) Any drawing required by this SECTION will be conducted on a random basis. Written notice will be mailed by the department to successful applicants.

    (g) The form of the license under this SECTION shall be as determined by the department. Each participant in the hunt must possess and display evidence of the license as specified by the department.

    (h) Notwithstanding 312 IAC 9-1-15, a participant must expose outer garments with hunter orange that include both of the following:
    (1) A hat or cap.
    (2) A vest, coat, jacket, or coveralls.

    (i) During the hunt, an individual must not take more than:
    (1) Three (3) total deer.
    (2) Included among the total deer taken, there must not be more than one (1) antlered deer.

    (j) A deer taken under this SECTION does not apply to any bag limit for taking deer established by 312 IAC 9.

    (k) All deer must be delivered to a designated check station within the nature preserve.

    (l) An individual must not enter Twin Swamps Nature Preserve during the following periods:
    (1) from 8 p.m., EST (7 p.m., CST) on Sunday, November 12 through 8 a.m., EST (7 a.m., CST) on Wednesday, November 15, 2006; or
    (2) from 8 p.m., EST (7 p.m., CST) on Sunday, December 3 through 8 a.m., EST (7 a.m., CST) on Wednesday, December 6, 2006;
    unless the individual satisfies both subsection (n) and subsection (o) [subsections (n) and (o)].

    (m) An individual shall enter Twin Swamps Nature Preserve only at a site designated by the department.

    (n) In order to enter Twin Swamps Nature Preserve, an individual must be one (1) of the following:
    (1) An individual granted a license under this SECTION.
    (2) A representative of the media.
    (3) An employee of the department.
    (4) Another individual with credentials supplied by the department.

    SECTION 3. SECTIONS 1 and 2 of this document expire on December 29, 2006.

    LSA Document #06-196(E)
    Filed with Secretary of State: June 27, 2006, 10:30 a.m.

    Posted: 07/05/2006 by Legislative Services Agency

    DIN: 20060705-IR-312060196ERA
    Composed: Oct 31,2016 11:26:46PM EDT
    A PDF version of this document.

Document Information

Rules:
312IAC9
312IAC8-2