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HOUSE BILL No. 1299

Citations Affected: IC 14-22-20.

Synopsis: Animal hunting facilities. Prohibits game mammals, elk, and furbearing mammals held under a game breeder's license, except for animals on a game breeder's licensed hunting facility (licensed hunting facility), from being hunted or harvested for sporting purposes. Prohibits hunting or harvesting game mammals, elk, and furbearing mammals held by a licensed hunting facility after July 1, 2018. Establishes requirements for licensed hunting facilities that allow hunting of deer or elk. Except for whitetail deer, provides that deer and elk taken at a licensed hunting facility are not subject to bag, sex, or size limits, or hunting license requirements. Prohibits deer and elk from being released into a licensed hunting facility after July 1, 2016. Makes permanent a provision authorizing the issuance of lifetime hunting, fishing, and trapping licenses.

Effective: July 1, 2011.

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Wolkins, Friend

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    January 13, 2011, read first time and referred to Committee on Natural Resources.

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PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2010 Regular Session of the General Assembly.

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    A BILL FOR AN ACT to amend the Indiana Code concerning natural and cultural resources.

SOURCE: IC 14-22-20-1; (11)IN1299.1.1. -->     SECTION 1. IC 14-22-20-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) The department may, under rules adopted under IC 4-22-2, issue to a resident of Indiana, upon the payment of a fee of fifteen dollars ($15), a license to:
        (1) propagate in captivity; and
        (2) possess, buy, or sell for this purpose only;
game birds, game mammals, elk, or furbearing mammals protected by Indiana law.
     (b) Except as provided in section 5 of this chapter, game mammals, elk, and furbearing mammals held under this chapter may not be hunted or harvested for sporting purposes.
    (c) After July 1, 2018, hunting and harvesting for sporting purposes of game mammals, elk, and furbearing mammals held under a license issued under this chapter are prohibited.

SOURCE: IC 14-22-20-5; (11)IN1299.1.2. -->     SECTION 2. IC 14-22-20-5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. (a) A person who:

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        (1) possesses a license issued under this chapter;
        (2) provides documentation to the department that the person has allowed deer or elk hunting under a license issued under this chapter in 2008, 2009, or 2010; and
        (3) complies with the requirements set forth in subsection (c);
is entitled to continue to allow hunting and harvesting of deer and elk for sporting purposes under this section, subject to subsection (c).
    (b) The department shall provide a person who meets the conditions set forth in subsection (a) with a letter certifying that the person is authorized to operate a game breeder's licensed hunting facility under this section.
    (c) A person who operates a game breeder's licensed hunting facility under this section must comply with the following requirements:
        (1) A hunting stand may not be located closer than seventy-five (75) yards from the boundary fence.
        (2) A deer or an elk must be released into the hunting area at least ten (10) days before it is hunted. Hunting of other deer and elk is not allowed in the hunting area during this period.
        (3) The number of hunters in the hunting area at any time may not exceed one (1) hunter per twenty (20) acres.
        (4) Any law or rule concerning the hunting of whitetail deer concerning weapon limitations applies to the hunting of any animal on a licensed hunting facility.
        (5) The licensed hunting facility must comply with all rules of the board of animal health concerning deer and elk, including rules concerning chronic wasting disease (CWD).
        (6) The licensed hunting facility may not sell a specific deer or elk to the hunter. However, the licensed hunting facility may charge either:
            (A) a basic hunting fee; or
            (B) a fee based upon the antler size of the deer or elk taken by the hunter.
        (7) Hunting is prohibited in the area within one hundred fifty (150) yards of an artificial feeding site.
        (8) The licensed hunting facility must maintain a hunting area that consists of at least eighty (80) contiguous acres and that is surrounded by a boundary fence at least eight (8) feet in height.
        (9) The operator of a licensed hunting facility shall pay the department the following fees for each deer or elk harvested

on the licensed hunting facility:
            (A) Two hundred fifty dollars ($250) per buck.
            (B) Fifty dollars ($50) per doe.
        (10) The operator of a licensed hunting facility must maintain daily records concerning the following:
            (A) The number of deer and elk released into the hunting area.
            (B) The number of hunters.
            (C) The number of deer and elk harvested.
        (11) The licensed hunting facility must allow the department, at any time, to inspect the following:
            (A) The daily records required under subdivision (10).
            (B) The deer and elk.
            (C) The hunting area.
        (12) Before July 1, 2016, a person who operates a licensed hunting facility under this section shall submit a plan to the department that outlines how all deer and elk will be harvested or removed from the licensed hunting facility.
    (d) Except for whitetail deer, a deer or elk taken on a game breeder's licensed hunting facility under this section is not subject to:
        (1) the bag, sex, and size limits established under IC 14-22-2-6(a)(2); or
        (2) hunting license requirements.
    (e) Except for whitetail deer, a person may take deer and elk from a game breeder's licensed hunting facility under this section only during September, October, November, December, January, February, March, and April.
    (f) Deer and elk may not be released into a game breeder's licensed hunting facility to which this section applies after July 1, 2016.
    (g) This section expires July 1, 2018.