Reprinted
January 19, 2000
HOUSE BILL No. 1063
_____
DIGEST OF HB1063
(Updated January 18, 2000 4:13 PM - DI 22)
Citations Affected: IC 6-1.1; IC 14-22.
Synopsis: Hunting preserves. Provides that the department of natural
resources may license hunting preserves to propagate and offer
white-tailed deer for hunting by licensed hunters during eight months
of the year (September through April). Requires a hunting preserve to
be a fenced, contiguous property that contains at least 500 acres and no
public highway. Makes numerous provisions governing the operation
and regulation of hunting preserves, including inspection, license
renewal, and record keeping. Provides that hunting preserve property
may not be classified as a windbreak, wildlife habitat, or filter strip for
property tax assessment purposes.
Effective: July 1, 2000.
Herrell, Friend, Ulmer
January 10, 2000, read first time and referred to Committee on Agriculture, Natural
Resources and Rural Development.
January 13, 2000, amended, reported _ Do Pass.
January 18, 2000, read second time, amended, ordered engrossed.
Reprinted
January 19, 2000
Second Regular Session 111th General Assembly (2000)
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 1999 General Assembly.
HOUSE BILL No. 1063
A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 6-1.1-6.2-3; (00)HB1063.2.1. -->
SECTION 1. IC 6-1.1-6.2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 3. A parcel of land may
be classified as a windbreak if:
(1) it abuts a fence line or a property line;
(2) it abuts arable land;
(3) the landowner enters into an agreement with the department
of natural resources establishing standards of windbreak
management for the parcel of land as that concept is understood
by competent professional foresters;
(4) it is at least fifty (50) feet wide;
(5) it does not contain a dwelling or other usable building; and
(6) no part of it lies within a licensed hunting preserve or a
licensed shooting preserve.
SOURCE: IC 6-1.1-6.5-2; (00)HB1063.2.2. -->
SECTION 2. IC 6-1.1-6.5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 2. (a) A parcel of land
may be classified as a wildlife habitat if:
(1) it contains a good stand of vegetation that is capable of
supporting wildlife species;
(2) it is conducive to wildlife management;
(3) the landowner enters into an agreement with the department
of natural resources establishing standards of wildlife
management for the parcel of land as that concept is understood
by competent wildlife biologists;
(4) it contains at least fifteen (15) acres;
(5) it contains less than ten (10) acres of woodland;
(6) it does not contain a dwelling or other usable building; and
(7) no part of it lies within a licensed hunting preserve or a
licensed shooting preserve.
(b) A parcel of land may be classified as riparian land if:
(1) the land is stream bed or vegetated land adjacent to a stream
bed, not extending more than one hundred (100) feet landward
from the line of nonaquatic vegetation;
(2) the land is conducive to riparian management for the purposes
of fish and wildlife restoration or enhancement, erosion control,
increased bank stability, improved water quality, or increased
stream storage capacity;
(3) the land does not contain a dwelling or other usable building;
and
(4) the landowner enters into an agreement with the department
of natural resources establishing standards of management for the
classified riparian land.
SOURCE: IC 6-1.1-6.7-3; (00)HB1063.2.3. -->
SECTION 3. IC 6-1.1-6.7-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 3. (a) A parcel of land
may be classified as a filter strip if the parcel of land meets all of the
following requirements:
(1) The parcel of land is adjacent to an:
(A) open water course such as a ditch, creek, or river; or
(B) open body of water such as a wetland or lake.
(2) The parcel of land is at least twenty (20) feet wide but not
more than seventy-five (75) feet wide.
(3) The parcel of land does not contain a dwelling or other usable
building.
(4) The parcel of land is not used for livestock grazing.
(5) No part of the parcel of land lies within
a licensed hunting
preserve or a licensed shooting preserve.
(6) The landowner enters into an agreement with the:
(A) drainage board of jurisdiction along regulated drains; and
(B) county surveyor along nonregulated drains;
with concurrence of the local soil and water conservation district
offices.
(b) A filter strip that exists on July 1, 1991, may qualify for
classification if:
(1) the parcel meets the requirements of subsection (a); and
(2) the parcel is vegetated with a herbaceous vegetation that
meets the seeding specifications of filter strips created after July
1, 1991, as determined by the county surveyor in concurrence
with the local soil and water conservation district in which the
parcel is located.
SOURCE: IC 14-22-30.5; (00)HB1063.2.4. -->
SECTION 4. IC 14-22-30.5 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2000]:
Chapter 30.5. Hunting Preserves
Sec. 1. A person who:
(1) owns;
(2) holds; or
(3) controls by lease for a term of not less than five (5) years;
a tract of land that meets the requirements of section 2 of this
chapter may apply to the division for a license to establish a
hunting preserve.
Sec. 2. A hunting preserve must meet the following
requirements:
(1) Be on a contiguous tract of land.
(2) Contain an area of not less than five hundred (500) acres.
(3) Not contain a public highway.
(4) Contain a boundary fence that:
(A) is at least eight (8) feet high; and
(B) is designed to prevent the escape of white-tailed deer.
Sec. 3. An application for a license under section 1 of this
chapter must be accompanied by a fee of one thousand dollars
($1,000).
Sec. 4. Upon receipt of an application, the department shall do
the following:
(1) Inspect the proposed hunting preserve, including the
following:
(A) The facilities for propagating white-tailed deer.
(B) The cover.
(C) The fences.
(D) The capability of the applicant to maintain a hunting
preserve.
(2) If found feasible, approve the application and issue a
license to the applicant.
Sec. 5. A license issued under this chapter expires April 30 of
each year.
Sec. 6. Upon receipt of a license, the licensee shall post the
licensed area at intervals of not more than five hundred (500) feet
with signs as prescribed by rule.
Sec. 7. A person who is issued a license under section 4 of this
chapter may propagate and offer for hunting white-tailed deer that
are captive reared and released. However, a licensee shall affix a
tag that identifies the licensee's hunting preserve to the body of
each captive reared white-tailed deer that is released on the
licensee's hunting preserve.
Sec. 8. (a) A resident or nonresident person who wishes to take
a white-tailed deer on a hunting preserve:
(1) must hold a license issued under this article to take a deer;
and
(2) may take a deer on a hunting preserve only with the
weapon that the person's license allows the person to use to
take a deer.
(b) In addition to the license to take a deer required by
subsection (a), a
person who is a nonresident of Indiana must
possess a special license to hunt on a licensed hunting preserve.
(c) The department:
(1) shall issue special licenses to hunt on a licensed hunting
preserve; and
(2) may appoint owners or managers of hunting preserves as
agents to sell special licenses.
(d) A special license expires December 31 of the year issued.
(e) The fee for a special license is twenty-five dollars ($25). All
fees shall be deposited in the fish and wildlife fund established by
IC 14-22-3-2.
Sec. 9. A person may take white-tailed deer from a hunting
preserve only during September, October, November, December,
January, February, March, or April.
Sec. 10. (a) A bill of sale must accompany each white-tailed deer
that is removed from a hunting preserve.
(b) The licensee of a hunting preserve shall:
(1) issue a bill of sale designating the white-tailed deer
lawfully taken upon the hunting preserve; and
(2) retain a copy of all bills of sale issued to persons removing
white-tailed deer from the hunting preserve.
(c) A bill of sale is subject to inspection by the fish and wildlife
division at any time.
Sec. 11. (a) The licensee of a hunting preserve must keep a daily
register to show the following:
(1) The number of white-tailed deer released and taken from
the hunting preserve each day.
(2) The number of persons participating in hunting on the
hunting preserve each day.
(b) The licensee of a hunting preserve must do the following:
(1) Make an annual computation of the record described in
subsection (a);
(2) send the annual computation to the department on May 10
each year; and
(3) file a statement under oath as to the annual number of
white-tailed deer released and taken from the hunting
preserve.
(c) Failure of the licensee of a hunting preserve to keep and
forward the required records to the department is sufficient cause
for:
(1) revocation of the license for the hunting preserve; or
(2) refusal to issue a license for the following year.
Sec. 12. (a) The licensee of a hunting preserve may not falsify a
report that must be kept under this chapter.
(b) A license may not be issued to a licensee who is convicted of
violating subsection (a).
Sec. 13. (a) The licensee of a hunting preserve must make the
following available to the department for inspection:
(1) The daily records.
(2) The pens and fences.
(3) The white-tailed deer.
(4) The hunting preserve.
(b) An inspection of a hunting preserve shall be conducted
under this chapter and rules adopted under IC 14-22-2-6. The
department shall consult with the state veterinarian if the
inspection reveals a potential animal health threat that contravenes
programs for the prevention, control, or eradication of diseases in
domestic animals.
Sec. 14. (a) A licensee may not import or keep carnivores.
(b) The license of a licensee who is convicted of violating
subsection (a) shall be revoked.