Post by Woody Williams on Aug 12, 2005 19:53:05 GMT -5
DNR chief moves to enforce fenced hunting ban
By Niki Kelly
The Journal Gazette
INDIANAPOLIS – DNR Director Kyle Hupfer put the owners of the state’s hunting preserves on notice Thursday that killing animals – including white-tailed deer – behind tall fences is illegal and will be enforced starting next year.
He will wait until the conclusion of the 2006 legislative session, which usually occurs in mid-March, so that lawmakers have a chance to weigh in on the issue although he does not support them taking action.
“I hope that this represents the end of this debate and that there will be no future legislation proposed to legalize these practices,” Hupfer said.
“In order to preserve the hunting tradition, we must ensure that all hunting in Indiana is done in an ethical manner and in a way that conforms with long-standing fair chase ethics.”
In addition, Hupfer also signed an emergency rule into law Thursday clarifying that it is illegal to hunt exotic mammals, such as elk and zebra.
The announcement brought to an end months of preparation by the DNR on the subject, including five public hearings across the state. More than 600 people attended the forums and the DNR also received more than 1,300 e-mails on canned hunting.
There are about 350 deer or elk farms in Indiana. Of those 225 have DNR-issued game breeder’s permits to breed and sell whitetail deer. The remaining 125 farms have elk and other exotic deer species.
About a dozen offer hunting opportunities.
Hupfer said Indiana law is clear that a game breeder’s license “does not allow the hunting or purposeful killing of animals maintained under that license.”
But he concedes that the law has not been enforced in the past and there was some ambiguity involved.
That is why he is giving the facilities that have invested money into their operations time to get their affairs in order and try to lobby lawmakers.
“To just abruptly cut them off we think would have been a little bit egregious,” Hupfer said. “A number of legislators were under the assumption that this was legal as well so they can have a bite at the apple although … we believe it would be inappropriate to change this and make this legal.”
The DNR will not prosecute anyone for hunting deer under a game breeder’s license until next year but Hupfer said he will not ignore more basic hunting violations at preserves, such as baiting or drugging deer.
“The definite trend nationwide is to limit or eliminate these facilities,” he said. “This is something that is just extremely unethical.”
He went on to say that these white-tailed deer “are domesticated at this point just like a cow or a chicken or a hog and we certainly would never allow someone to start a cow-hunting operation.”
Hupfer also struck a blow against an increase in hunting exotic mammals by instituting an emergency rule prohibiting such practices. A permanent rule will take six to eight months to finalize.
He said there are confirmed reports of hunting elk and zebra, with rumors about lions and bears being brought into Indiana for canned hunts.
“This stuff just sort of crept into the state. They have been operating under the assumption that because it’s not a native species regulated by hunting that they can do whatever they want,” Hupfer said. “What we’re basically doing is closing that loophole so that it’s not just open season on them.”
Gene Hopkins, legislative chairman for the Indiana Bowhunters Association, said he was relieved by the decision.
“What gave me heart is that (Hupfer) has shown he is a very intelligent person. He didn’t shoot from the hip. He went back and researched and found all the data and he listened objectively to the data and I knew if he did that then he would come to this conclusion,” Hopkins said.
He also believes the majority of the lawmakers are against fenced hunting so it should not be difficult to protect the law.
“The sportsmen lined up against these things. This is not hunting. It’s shooting,” Hopkins said. “The proponents of this tried to blur the line and make it hard to differentiate. But sportsmen – hunters – do not agree with this.”
Ken McIntosh, who owns a high-fenced hunting preserve near Pierceton, said he found Hupfer’s decision “pretty amazing.”
McIntosh said there was no real opposition to high-fenced hunting operations such as his and said the DNR is using the few who may be opposed to the practice to “get what they want.”
Characterizing Hupfer as naive and young, McIntosh said the truth will eventually be brought out.
“Kyle does not realize he’s being lied to, or else he’s using those lies,” McIntosh said. “I think Kyle made a mistake today, in supporting the people that are fibbing to him.”
McIntosh also said he believed Gov. Mitch Daniels should take action with regards to Hupfer, who McIntosh claims has been trying to put the high-fenced operations out of business since he assumed the helm of the DNR.
“Whether you agree with the decision or not, he (Hupfer) ran an open and properly deliberative process,” Daniels said.
Regardless of how McIntosh feels about Thursday’s announcement, he has an inventory of deer on his property, which he possesses under an Indiana game breeders license.
“We’ll be fine,” he said. “I’m planning on hunting. I’m not the one lying.”
Assistant U.S. Attorney Donald Schmid, who successfully prosecuted Russell G. Bellar for a number of violations of federal wildlife and drug laws on his Miami County deer farm, was pleased to hear of Thursday’s decision.
“The Bellar investigation and prosecution revealed many of the dangerous, unseemly and unethical practices associated with canned hunts,” Schmid said. “As we did with the Bellar case, we will continue to help enforce and backstop Indiana wildlife and conservation laws through appropriate federal prosecutions involving the illegal taking or transportation of wildlife.”
Rebecca S. Green of The Journal Gazette contributed to this story.
--------------------------------------------------------------------------------
What people are saying
Those for and against high-fenced hunting operations spoke Thursday about the DNR’s announcement that the operations are illegal. Here is a sampling of what those people had to say:
“In order to preserve the hunting tradition, we must ensure that all hunting in Indiana is done in an ethical manner and in a way that conforms with long-standing fair-chase ethics.”
– DNR director Kyle Hupfer on his decision to ban high-fenced shooting preserves.
“I find it hard to believe that Kyle is doing what he did.”
– Ken McIntosh, owner of Midwest Woodlots, a high-fenced shooting preserve near Pierceton
“I don’t really know how this affects us since we’ve already been approved. I don’t know if it shuts us down or we can go ahead since we have a license. I’m sure they’ll be in touch.”
– Rebecca Reed, R&R Elk Ranch and Campground in Auburn. R&R recently obtained a shooting preserve license from the DNR with plans to offer pheasant, quail and elk hunting
“Given all the political wrangling and money and all that stuff we’ve been through for five years, I’m kind of shocked. I’m not gloating or anything. I think we did what was right. Every now and then, the good guys win.”
– Doug Allman, Indiana Deer Hunters Association, which opposes high-fenced shooting preserves
“It’s funny how things work out sometimes. Sportsmen can sit back and smile for a while.”
– Joe Bacon, Indiana Deer Hunters Association
By Niki Kelly
The Journal Gazette
INDIANAPOLIS – DNR Director Kyle Hupfer put the owners of the state’s hunting preserves on notice Thursday that killing animals – including white-tailed deer – behind tall fences is illegal and will be enforced starting next year.
He will wait until the conclusion of the 2006 legislative session, which usually occurs in mid-March, so that lawmakers have a chance to weigh in on the issue although he does not support them taking action.
“I hope that this represents the end of this debate and that there will be no future legislation proposed to legalize these practices,” Hupfer said.
“In order to preserve the hunting tradition, we must ensure that all hunting in Indiana is done in an ethical manner and in a way that conforms with long-standing fair chase ethics.”
In addition, Hupfer also signed an emergency rule into law Thursday clarifying that it is illegal to hunt exotic mammals, such as elk and zebra.
The announcement brought to an end months of preparation by the DNR on the subject, including five public hearings across the state. More than 600 people attended the forums and the DNR also received more than 1,300 e-mails on canned hunting.
There are about 350 deer or elk farms in Indiana. Of those 225 have DNR-issued game breeder’s permits to breed and sell whitetail deer. The remaining 125 farms have elk and other exotic deer species.
About a dozen offer hunting opportunities.
Hupfer said Indiana law is clear that a game breeder’s license “does not allow the hunting or purposeful killing of animals maintained under that license.”
But he concedes that the law has not been enforced in the past and there was some ambiguity involved.
That is why he is giving the facilities that have invested money into their operations time to get their affairs in order and try to lobby lawmakers.
“To just abruptly cut them off we think would have been a little bit egregious,” Hupfer said. “A number of legislators were under the assumption that this was legal as well so they can have a bite at the apple although … we believe it would be inappropriate to change this and make this legal.”
The DNR will not prosecute anyone for hunting deer under a game breeder’s license until next year but Hupfer said he will not ignore more basic hunting violations at preserves, such as baiting or drugging deer.
“The definite trend nationwide is to limit or eliminate these facilities,” he said. “This is something that is just extremely unethical.”
He went on to say that these white-tailed deer “are domesticated at this point just like a cow or a chicken or a hog and we certainly would never allow someone to start a cow-hunting operation.”
Hupfer also struck a blow against an increase in hunting exotic mammals by instituting an emergency rule prohibiting such practices. A permanent rule will take six to eight months to finalize.
He said there are confirmed reports of hunting elk and zebra, with rumors about lions and bears being brought into Indiana for canned hunts.
“This stuff just sort of crept into the state. They have been operating under the assumption that because it’s not a native species regulated by hunting that they can do whatever they want,” Hupfer said. “What we’re basically doing is closing that loophole so that it’s not just open season on them.”
Gene Hopkins, legislative chairman for the Indiana Bowhunters Association, said he was relieved by the decision.
“What gave me heart is that (Hupfer) has shown he is a very intelligent person. He didn’t shoot from the hip. He went back and researched and found all the data and he listened objectively to the data and I knew if he did that then he would come to this conclusion,” Hopkins said.
He also believes the majority of the lawmakers are against fenced hunting so it should not be difficult to protect the law.
“The sportsmen lined up against these things. This is not hunting. It’s shooting,” Hopkins said. “The proponents of this tried to blur the line and make it hard to differentiate. But sportsmen – hunters – do not agree with this.”
Ken McIntosh, who owns a high-fenced hunting preserve near Pierceton, said he found Hupfer’s decision “pretty amazing.”
McIntosh said there was no real opposition to high-fenced hunting operations such as his and said the DNR is using the few who may be opposed to the practice to “get what they want.”
Characterizing Hupfer as naive and young, McIntosh said the truth will eventually be brought out.
“Kyle does not realize he’s being lied to, or else he’s using those lies,” McIntosh said. “I think Kyle made a mistake today, in supporting the people that are fibbing to him.”
McIntosh also said he believed Gov. Mitch Daniels should take action with regards to Hupfer, who McIntosh claims has been trying to put the high-fenced operations out of business since he assumed the helm of the DNR.
“Whether you agree with the decision or not, he (Hupfer) ran an open and properly deliberative process,” Daniels said.
Regardless of how McIntosh feels about Thursday’s announcement, he has an inventory of deer on his property, which he possesses under an Indiana game breeders license.
“We’ll be fine,” he said. “I’m planning on hunting. I’m not the one lying.”
Assistant U.S. Attorney Donald Schmid, who successfully prosecuted Russell G. Bellar for a number of violations of federal wildlife and drug laws on his Miami County deer farm, was pleased to hear of Thursday’s decision.
“The Bellar investigation and prosecution revealed many of the dangerous, unseemly and unethical practices associated with canned hunts,” Schmid said. “As we did with the Bellar case, we will continue to help enforce and backstop Indiana wildlife and conservation laws through appropriate federal prosecutions involving the illegal taking or transportation of wildlife.”
Rebecca S. Green of The Journal Gazette contributed to this story.
--------------------------------------------------------------------------------
What people are saying
Those for and against high-fenced hunting operations spoke Thursday about the DNR’s announcement that the operations are illegal. Here is a sampling of what those people had to say:
“In order to preserve the hunting tradition, we must ensure that all hunting in Indiana is done in an ethical manner and in a way that conforms with long-standing fair-chase ethics.”
– DNR director Kyle Hupfer on his decision to ban high-fenced shooting preserves.
“I find it hard to believe that Kyle is doing what he did.”
– Ken McIntosh, owner of Midwest Woodlots, a high-fenced shooting preserve near Pierceton
“I don’t really know how this affects us since we’ve already been approved. I don’t know if it shuts us down or we can go ahead since we have a license. I’m sure they’ll be in touch.”
– Rebecca Reed, R&R Elk Ranch and Campground in Auburn. R&R recently obtained a shooting preserve license from the DNR with plans to offer pheasant, quail and elk hunting
“Given all the political wrangling and money and all that stuff we’ve been through for five years, I’m kind of shocked. I’m not gloating or anything. I think we did what was right. Every now and then, the good guys win.”
– Doug Allman, Indiana Deer Hunters Association, which opposes high-fenced shooting preserves
“It’s funny how things work out sometimes. Sportsmen can sit back and smile for a while.”
– Joe Bacon, Indiana Deer Hunters Association
