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Friday, August 26, 2005

Ind. Gov't. - DNR sued over ban on deer farms

The Fort Wayne Journal Gazette has a story today by Rebecca S. Green headlined "Preserve owner suing over ban". Some quotes:

The owners of an Indiana deer hunting preserve sued the Indiana Department of Natural Resources on Wednesday after the state agency moved to ban such preserves in the future.

According to the lawsuit filed in Harrison Circuit Court, Rodney Bruce of Corydon, has a game breeders’ license and operates Whitetail Bluff 2003.

For the 2005 hunting season, Bruce has booked more than 40 customers with revenues expected to be between $150,000 and $200,000, the lawsuit said. He has also taken verbal commitments for 20 to 30 hunts during 2006.

But this month, DNR director Kyle Hupfer announced that hunting white-tailed deer and other animals behind a fence is illegal, and enforcement would begin in 2006. Hupfer also signed an emergency rule into law making it illegal to hunt exotic mammals, such as elk and zebra, inside fenced enclosures.

In the lawsuit, Bruce argues that the emergency rule should be declared null and void because the DNR lacks the authority and the power to adopt it.

Bruce also argues the rule contradicts Indiana law, and defines white-tailed deer as exotic, making it illegal to hunt them in Indiana, according to the documents.

Donald Blinzinger, who represents the Indiana Deer and Elk Farmers’ Association, issued a statement Thursday announcing the lawsuit.

For background, see this Aug. 13th ILB entry titled: "Ind. Gov't. - The DNR move to enforce fenced hunting ban, contrasted with the BMV ID 'rule'". A quote from that entry:
IC 4-22-2-37.1 allows for temporary emergency rulemakings for several agencies, including DNR [see (a)(2)]. As detailed in the press release, Hupner has used that section to immediately promulgate an emergency exotic mammal rule so that it will be in place while the permanent rulemaking is in process.

Posted by Marcia Oddi on August 26, 2005 08:24 AM
Posted to Environment | Indiana Government