Post by JohnSmiles on Jun 18, 2007 13:17:08 GMT -5
The current 'baiting' rules concerning hunting deer over bait are garbage, and I am just now finding out about how many people are at the sole discretion of whether a CO says they are baiting or not.
There are no solid rules set, simply whatever a CO says goes.
No minimum distance, no checks or balances of any sort.
(sound familiar?)
And if a law cannot be clearly defined, it needs to be fixed or repealed.
As it stands, I have no more answer as to whether I can hunt deer legally now then I did before I began looking into this.
As it stands, my neighbors can simply put out feeders for deer during deer season, and I am breaking the law if I hunt on my own property, whether I am even AWARE of them or not!
Or anti hunters can put out mineral blocks at random on public hunting areas, and I am illegal if I am even hunting in the same area!
No set distance is established.
That is up to the CO also.
For THAT matter, there is nothing to stop a CO from setting you up just for the fun of it.
This is just not acceptable at all, and I am surprised it has not been corrected long ago.
I myself could care less whether it is or is not legal to use bait period.
I see no difference in using manufactured scents and lures and baiting in the first place, except an industry makes lots of money of the 'legal' stuff.
I have every intention of playing by the rules, but these particular rules do not even qualify as guidelines.
If a CO cannot explain the rules clearly, then they are designed only to garnish money from legal hunters.
My thinking is, if you cannot clearly explain the rules, you SURE AS HECK should not be attempting to enforce them.
I sent out an email to Jennifer Kane today, and already got a response:
There is the process for anyone else who might be curious.
If the link does not work for you(it didn't work for me), try this:
www.in.gov/legislative/iac/20061011-IR-312060443NRA.xml.html
My thanks once again to Jennifer Kane
There are no solid rules set, simply whatever a CO says goes.
No minimum distance, no checks or balances of any sort.
(sound familiar?)
And if a law cannot be clearly defined, it needs to be fixed or repealed.
As it stands, I have no more answer as to whether I can hunt deer legally now then I did before I began looking into this.
As it stands, my neighbors can simply put out feeders for deer during deer season, and I am breaking the law if I hunt on my own property, whether I am even AWARE of them or not!
Or anti hunters can put out mineral blocks at random on public hunting areas, and I am illegal if I am even hunting in the same area!
No set distance is established.
That is up to the CO also.
For THAT matter, there is nothing to stop a CO from setting you up just for the fun of it.
This is just not acceptable at all, and I am surprised it has not been corrected long ago.
I myself could care less whether it is or is not legal to use bait period.
I see no difference in using manufactured scents and lures and baiting in the first place, except an industry makes lots of money of the 'legal' stuff.
I have every intention of playing by the rules, but these particular rules do not even qualify as guidelines.
If a CO cannot explain the rules clearly, then they are designed only to garnish money from legal hunters.
My thinking is, if you cannot clearly explain the rules, you SURE AS HECK should not be attempting to enforce them.
I sent out an email to Jennifer Kane today, and already got a response:
Mr. Thiel,
The Natural Resources Commission adopted a nonrule policy document, Information Bulletin #7 (First Amendment), which addresses petitions for rule change. Information Bulletin #7 (First Amendment) establishes a process for the submission and consideration of petitions for rule change within areas subject to the jurisdiction of the Natural Resources Commission, and can be accessed at www.in.gov/legislative/register/20061011-IR-312060443NRA.xml.pdf.
I have also included the document in this email. I am also forwarding your email to the DNR, Division of Fish and Wildlife for staff review.
If you have further questions, do not hesitate to contact me.
Sincerely,
Jennifer Kane
NRC, Division of Hearings
_______________________
NATURAL RESOURCES COMMISSION
Information Bulletin #7 (First Amendment)
SUBJECT: Petitions for Rule Change and for Nonrule Policy Document Change
I. HISTORY
The Natural Resources Commission in 1994 adopted a nonrule policy document to address petitions for rule
change originating outside the Commission and the Department of Natural Resources. The policy was published
in the July 1, 1994, issue of the Indiana Register (17 IR 2481) as Information Bulletin #7. In 2006, the policy is
amended to include updated citations to reflect recodifications of rules and statutes that have taken place since
1994. Also, the scope of the document was expanded to include a petition to change a nonrule policy document.
II. PURPOSE
The purpose for this information bulletin is to establish a process for the submission and consideration of
petitions for rule change within areas subject to the jurisdiction of the Natural Resources Commission. Included is
any rule proposal submitted by an individual, a corporation, an association, a local unit of government, another
state agency, a federal agency, or another person. The person may seek the adoption of a new rule, an amended
rule, a recodified rule, a rule repeal or a similar action with respect to a nonrule policy document.
III. PROCESS
A person seeking action on a rule shall file a written petition at the following address:
Division of Hearings
Natural Resources Commission
Indiana Government Center-South
402 West Washington Street, Room W272
Indianapolis, IN 46204
The petition shall provide the name and address of the person, or a representative of the person, who is seeking
the action and a description of the action sought. The petition may include proposed wording for any new,
amended, or recodified rule or a similar action with respect to a nonrule policy document.
Upon the receipt of the petition, the division of hearings shall assign an administrative cause number and
deliver copies of the proposal to each deputy director of the Department of Natural Resources. The Division of
Hearings shall identify the document as a rule petition or nonrule policy document petition and request that the
director cause an investigation be performed into the merits of the proposal. A committee shall be established,
with representation from interested divisions, to investigate the merits of the petition. As appropriate, the Historic
Preservation Review Board, the Board of Trustees for the Division of State Museums and Historic Sites and the
Advisory Council shall be consulted.
After conclusion of any investigation, an informal report shall be presented to the secretary of the
commission, together with any recommendations regarding the proposal. The secretary of the commission may
give preliminary adoption to a rule proposal, may refer the matter to the commission for consideration, or may
elect not to proceed with a proposal. The secretary of the commission shall, within a responsible time, cause
notice to be given to the petitioner as to the disposition of the petition. A record of the final disposition shall also
be filed with the Division of Hearings.
IV. EXCEPTIONS
The process set forth in this information bulletin does not apply to a petition for rule change applicable to IC
14-34 (surface coal mining) or to IC 14-37 (oil and gas production). For rule petitions directed to surface coal
mining and reclamation, see IC 14-34-2-7. For rule petitions directed to oil and gas production and reclamation,
see IC 14-37-3-16 and 312 IAC 16-2-3. Neither does this information bulletin restrict the ability of the director of
the Department of Natural Resources or the Natural Resources Commission from taking action with respect to
any rule or nonrule policy document. See, also, 312 IAC 2-2-4 authorizing the director to approve any rule of the
commission for preliminary adoption.
The Natural Resources Commission adopted a nonrule policy document, Information Bulletin #7 (First Amendment), which addresses petitions for rule change. Information Bulletin #7 (First Amendment) establishes a process for the submission and consideration of petitions for rule change within areas subject to the jurisdiction of the Natural Resources Commission, and can be accessed at www.in.gov/legislative/register/20061011-IR-312060443NRA.xml.pdf.
I have also included the document in this email. I am also forwarding your email to the DNR, Division of Fish and Wildlife for staff review.
If you have further questions, do not hesitate to contact me.
Sincerely,
Jennifer Kane
NRC, Division of Hearings
_______________________
NATURAL RESOURCES COMMISSION
Information Bulletin #7 (First Amendment)
SUBJECT: Petitions for Rule Change and for Nonrule Policy Document Change
I. HISTORY
The Natural Resources Commission in 1994 adopted a nonrule policy document to address petitions for rule
change originating outside the Commission and the Department of Natural Resources. The policy was published
in the July 1, 1994, issue of the Indiana Register (17 IR 2481) as Information Bulletin #7. In 2006, the policy is
amended to include updated citations to reflect recodifications of rules and statutes that have taken place since
1994. Also, the scope of the document was expanded to include a petition to change a nonrule policy document.
II. PURPOSE
The purpose for this information bulletin is to establish a process for the submission and consideration of
petitions for rule change within areas subject to the jurisdiction of the Natural Resources Commission. Included is
any rule proposal submitted by an individual, a corporation, an association, a local unit of government, another
state agency, a federal agency, or another person. The person may seek the adoption of a new rule, an amended
rule, a recodified rule, a rule repeal or a similar action with respect to a nonrule policy document.
III. PROCESS
A person seeking action on a rule shall file a written petition at the following address:
Division of Hearings
Natural Resources Commission
Indiana Government Center-South
402 West Washington Street, Room W272
Indianapolis, IN 46204
The petition shall provide the name and address of the person, or a representative of the person, who is seeking
the action and a description of the action sought. The petition may include proposed wording for any new,
amended, or recodified rule or a similar action with respect to a nonrule policy document.
Upon the receipt of the petition, the division of hearings shall assign an administrative cause number and
deliver copies of the proposal to each deputy director of the Department of Natural Resources. The Division of
Hearings shall identify the document as a rule petition or nonrule policy document petition and request that the
director cause an investigation be performed into the merits of the proposal. A committee shall be established,
with representation from interested divisions, to investigate the merits of the petition. As appropriate, the Historic
Preservation Review Board, the Board of Trustees for the Division of State Museums and Historic Sites and the
Advisory Council shall be consulted.
After conclusion of any investigation, an informal report shall be presented to the secretary of the
commission, together with any recommendations regarding the proposal. The secretary of the commission may
give preliminary adoption to a rule proposal, may refer the matter to the commission for consideration, or may
elect not to proceed with a proposal. The secretary of the commission shall, within a responsible time, cause
notice to be given to the petitioner as to the disposition of the petition. A record of the final disposition shall also
be filed with the Division of Hearings.
IV. EXCEPTIONS
The process set forth in this information bulletin does not apply to a petition for rule change applicable to IC
14-34 (surface coal mining) or to IC 14-37 (oil and gas production). For rule petitions directed to surface coal
mining and reclamation, see IC 14-34-2-7. For rule petitions directed to oil and gas production and reclamation,
see IC 14-37-3-16 and 312 IAC 16-2-3. Neither does this information bulletin restrict the ability of the director of
the Department of Natural Resources or the Natural Resources Commission from taking action with respect to
any rule or nonrule policy document. See, also, 312 IAC 2-2-4 authorizing the director to approve any rule of the
commission for preliminary adoption.
There is the process for anyone else who might be curious.
If the link does not work for you(it didn't work for me), try this:
www.in.gov/legislative/iac/20061011-IR-312060443NRA.xml.html
My thanks once again to Jennifer Kane
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