TITLE 312 NATURAL RESOURCES COMMISSION
Emergency Rule
LSA Document #07-459(E)
DIGEST
Temporarily amends
312 IAC 9 to govern noncommercial hunts at 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, McCormick's Creek State Park, Ouabache State Park, Pokagon State Park, Potato Creek State Park, Shades State Park, Shakamak State Park, Spring Mill State Park, Tippecanoe River State Park, Turkey Run State Park, Versailles State Park, Whitewater Memorial State Park, and Twin Swamps Nature Preserve. This document supersedes LSA Document #07-370(E), posted at
20070711-IR-312070370ERA. Effective July 23, 2007.
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 26 through November 27, 2007, and December 10 through December 11, 2007, at the following sites and within the following schedules:
(1) Chain O'Lakes State Park from one-half (½) hour before daylight to 4 p.m. EST.
(2) Charlestown State Park from one-half (½) hour before daylight to 4 p.m. EST.
(3) Clifty Falls State Park from one-half (½) hour before daylight to 4 p.m. EST.
(4) Fort Harrison State Park from one-half (½) hour before daylight to 4 p.m. EST.
(5) Harmonie State Park from one-half (½) hour before daylight to 3 p.m. CST.
(6) Indiana Dunes State Park from one-half (½) hour before daylight to 3 p.m. CST.
(7) Lincoln State Park from one-half (½) hour before daylight to 3 p.m. CST.
(8) McCormick's Creek State Park from one-half (½) hour before daylight to 4 p.m. EST.
(9) Ouabache State Park from one-half (½) hour before daylight to 4 p.m. EST.
(10) Pokagon State Park from one-half (½) hour before daylight to 4 p.m. EST.
(11) Potato Creek State Park from one-half (½) hour before daylight to 4 p.m. EST.
(12) Shades State Park from one-half (½) hour before daylight to 4 p.m. EST.
(13) Shakamak State Park from one-half (½) hour before daylight to 4 p.m. EST.
(14) Spring Mill State Park from one-half (½) hour before daylight to 4 p.m. EST.
(15) Tippecanoe River State Park from one-half (½) hour before daylight to 3 p.m. EST.
(16) Turkey Run State Park from one-half (½) hour before daylight to 4 p.m. EST.
(17) Versailles State Park from one-half (½) hour before daylight to 4 p.m. EST.
(18) Whitewater State Park from one-half (½) hour before daylight to 4 p.m. EST.
(19) Twin Swamps Nature Preserve from one-half (½) hour before daylight to 3 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:
(2) Be at least eighteen (18) years old by November 26, 2007.
(d) For each state park other than Clifty Falls State Park and Fort Harrison State Park, the department shall 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 shall 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 shall 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;
(C) on the Internet at http://www.in.gov/dnr/; or
(D) in a "2006-2007 Indiana Hunting and Trapping Guide".
(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, 2007, at the Department of Natural Resources, 402 West Washington Street, Room W264, Indianapolis, Indiana 46204; or
(B) a completed application online at www.IndianaOutdoor.in.gov is received before August 17, 2007. The department shall begin accepting online applications on July 1, 2007, 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 26 through November 27, 2007, and the other period is December 10 through December 11, 2007.
(g) Any drawing required by this SECTION shall 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 shall 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 from:
(1) 8 p.m. EST (7 a.m. CST) on Sunday, November 25 through 8 a.m. EST on Wednesday, November 28, 2007; or
(2) 8 p.m. EST on Sunday, December 9 through 8 a.m. EST (7 a.m. CST) on Wednesday, December 12, 2007;
unless the individual satisfies both 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 26 through November 27, 2007, and December 10 through December 11, 2007.
(b) In order to apply for a license under this SECTION, an individual must satisfy both of the following requirements:
(2) Be at least eighteen (18) years old by November 26, 2007.
(c) The department shall 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 shall 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;
(C) on the Internet at http://www.in.gov/dnr/; or
(D) in a "2006-2007 Indiana Hunting and Trapping Guide".
(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, 2007, at the Department of Natural Resources, 402 West Washington Street, Room W264, Indianapolis, Indiana 46204; or
(B) a completed application online at www.IndianaOutdoor.in.gov is received before August 17, 2007. The department shall begin accepting online applications on July 1, 2007 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 shall 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 26 through November 27, and the other period is December 10 through December 11, 2007.
(f) Any drawing required by this SECTION shall be conducted on a random basis. Written notice shall 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 7 p.m. CST (8 p.m. EST) on Sunday, November 25 through 7 a.m. CST (8 a.m. EST) on Wednesday, November 28, 2007; or
(2) from 7 p.m. CST (8 p.m. EST) on Sunday, December 9 through 7 a.m. CST (8 a.m. EST) on Wednesday, December 12, 2007;
unless the individual satisfies both subsections (m) and (n).
(m) An individual must 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 January 1, 2008.
Filed with Publisher: July 18, 2007, 9:09 a.m.
Posted: 08/01/2007 by Legislative Services Agency
DIN: 20070801-IR-312070459ERA
Composed: Apr 29,2024 3:00:42PM EDT
A
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