TITLE 312 NATURAL RESOURCES COMMISSION

Emergency Rule

LSA Document #09-265(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, Lincoln State Park, Ouabache State Park, Pokagon State Park, Potato Creek State Park, Prophetstown State Park, Shades State Park, Shakamak State Park, Spring Mill State Park, Tippecanoe River State Park, Turkey Run State Park, Versailles State Park, and Whitewater Memorial State Park. Effective July 1, 2009.

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 during two (2) hunt periods of November 16 and November 17, 2009, and November 30 and December 1, 2009, at the following sites and within the following daily schedules:

(1) Chain O'Lakes State Park from one-half (1/2) hour before daylight to 4:00 p.m. EST.

(2) Charlestown State Park from one-half (1/2) hour before daylight to 4:00 p.m. EST.

(3) Clifty Falls State Park from one-half (1/2) hour before daylight to 4:00 p.m. EST.

(4) Fort Harrison State Park from one-half (1/2) hour before daylight to 4:00 p.m. EST.

(5) Harmonie State Park from one-half (1/2) hour before daylight to 3:00 p.m. CST.

(6) Lincoln State Park from one-half (1/2) hour before daylight to 3:00 p.m. CST.

(7) Ouabache State Park from one-half (1/2) hour before daylight to 4:00 p.m. EST.

(8) Pokagon State Park from one-half (1/2) hour before daylight to 4:00 p.m. EST.

(9) Potato Creek State Park from one-half (1/2) hour before daylight to 4:00 p.m. EST.

(10) Prophetstown State Park from one-half (1/2) hour before daylight to 4:00 p.m. EST.

(11) Shades State Park from one-half (1/2) hour before daylight to 4:00 p.m. EST.

(12) Shakamak State Park from one-half (1/2) hour before daylight to 4:00 p.m. EST.

(13) Spring Mill State Park from one-half (1/2) hour before daylight to 4:00 p.m. EST.

(14) Tippecanoe River State Park from one-half (1/2) hour before daylight to 3:00 p.m. EST.

(15) Turkey Run State Park from one-half (1/2) hour before daylight to 4:00 p.m. EST.

(16) Versailles State Park from one-half (1/2) hour before daylight to 4:00 p.m. EST.

(17) Whitewater Memorial State Park from one-half (1/2) hour before daylight to 4:00 p.m. EST.

(b) An individual who participates in a hunt may lawfully take deer only by the following methods:

(1) At all sites identified in this SECTION, except Clifty Falls State Park and Fort Harrison State Park, deer may be taken only by firearms meeting the specifications set forth at 312 IAC 9-3-3.

(2) At Clifty Falls State Park and Fort Harrison State Park, deer may only be taken by bows and arrows meeting the specifications set forth at 312 IAC 9-3-4.

(c) In order to apply for a license under this SECTION, an individual must satisfy the following requirements:

(1) if hunting by firearms, possess a valid resident deer license issued under 312 IAC 9-3-3;

(2) if hunting by bow and arrow, possess a valid resident deer license issued under 312 IAC 9-3-4; or

(3) possess a lifetime comprehensive hunting license under IC 14-22-12-7(a)(4) or a lifetime comprehensive hunting and fishing license under IC 14-22-12-7(a)(5); and

(4) be at least eighteen (18) years old by November 16, 2009.

(d) All eligible applications under this SECTION will be compiled into a draw as follows:

(1) For each state park identified in this SECTION other than Clifty Falls State Park and Fort Harrison State Park, the department shall conduct the first draw from applications submitted by applicants who have all completed a course of instruction in hunter safety under IC 14-22-35. If the first draw fails to achieve the number of individuals necessary and authorized under this SECTION, the department shall conduct a second draw from applications submitted by applicants who have not all completed the course of instruction in hunter safety under IC 14-22-35.

(2) For Clifty Falls State Park and Fort Harrison State Park, the department shall only draw from applications that have completed a course of instruction in either hunter safety under IC 14-22-35 or International Bowhunter Education.

(e) An application for a license to participate in either of the two (2) hunt periods under this SECTION must be completed as follows:

(1) submitted online at the IDNR Division of Fish & Wildlife Web page; and

(2) submitted between July 1, 2009, at 8:00 a.m. EDT and August 28, 2009, at 5:00 p.m. EDT.

(f) Individual or group applications may be submitted. Group applications may include up to three (3) individuals, who are each applicants. No applicant can appear on more than one (1) application per hunt period. The inclusion of an individual as an applicant on more than one (1) application per hunt period disqualifies all applications on which that individual is an applicant. For the purposes of this subsection, one (1) period is November 16 through November 17, 2009, and the other period is November 30 through December 1, 2009.

(g) Any drawing required by this SECTION shall be conducted on a random basis. Successful applicants will be posted online on the IDNR Division of Fish & Wildlife Web page.

(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, for each state park site identified in this SECTION, other than Clifty Falls State Park and Fort Harrison State Park, a participant in the hunt 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 participating in the hunt 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 before the participant leaves 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 (7:00 p.m. CST) on Sunday, November 15 through 8:00 a.m. EST on Wednesday, November 18, 2009; or

(2) 8:00 p.m. EST on Sunday, November 29 through 8:00 a.m. EST (7:00 a.m. CST) on Wednesday, December 2, 2009;

(o) An individual shall check in and check out of a site identified in this SECTION only at a location designated by the department.

(p) The state parks identified in this SECTION are closed to the public during the two (2) hunt periods. In order to enter a state park identified in SECTION (a) [subsection (a)] during the two (2) hunt periods, 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. Tree stands must be nonpenetrating.

(r) A ground blind is not permitted.

SECTION 2. SECTIONS 1 and 2 of this document expire on January 1, 2010.

DIN: 20090520-IR-312090265ERA

Composed: May 07,2024 9:56:11PM EDT

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