Post by Woody Williams on Aug 28, 2006 8:20:02 GMT -5
AGREED ORDER
COME NOW the Parties to this cause who desire to settle and compromise the matters herein without hearing or adjudication of any issue of fact or law and who hereby agree to the following STIPULATED FACTS and ORDER.
NOW, it is therefore ORDERED, ADJUDGED, and DECREED:
STIPULATED FACTS
A.
1. DNR is duly authorized by Indiana law to protect and properly manage the fish and wildlife resources of Indiana, and to regulate all hunting and taking of fish and wildlife in the State of Indiana.
2. Each undersigned Operator hereby settles and compromises any and all claims, known or unknown, arising out of the subject matter of this litigation, and agrees to cease all Fee Shooting Activities on or before January 1, 2019. No animal may be introduced into the Shooting Area, as defined in paragraph 3 below, by an Operator after January 1, 2017. The two year period between January 1, 2017 and January 1, 2019 shall be referred to herein as the “Phase-out Period”.
3. Each Operator has documented to the DNR that he or she conducted Fee Shooting Activities on or before January 1, 2006. Such documentation, listed by Operator, is attached hereto as Exhibit A. Operators may continue only the Fee Shooting Activities that existed, and have been documented to the DNR as existing, prior to January 1, 2006. Attached hereto as Exhibit B is a description of the fenced shooting area of each Operator (each a “Shooting Area,” and collectively, the “Shooting Areas”). No expansion of an Operator’s Shooting Area is permitted after the date of this Agreed Order, and no further subdivision of an Operator’s Shooting Area is permitted after the date of this Agreed Order.
4. Prior to January 1, 2016, each Operator shall provide DNR with a written Population Control Plan. The Population Control Plan shall describe the methods the Operator will use to ensure complete depopulation of all owned animals from his or her Shooting Area prior to the end of the Phase-out Period. Each Operator agrees to allow DNR to inspect the Shooting Area to confirm that no owned animals remain. If any owned animals do remain, such animals will be killed using legal depredation procedures, unless such animal is to be part of a legal cervidae breeding or farming operation.
5. To the extent required by the Indiana Board of Animal Health or applicable state or federal law, each Operator will have tested for Chronic Wasting Disease (“CWD”) each animal which dies at his or her facility, and will otherwise comply with any and all other testing or animal health requirements established by the Indiana Board of Animal Health or state or federal law.
6. At the end of the Phase-out Period and after the DNR has confirmed that no animals remain inside the Shooting Area, each Operator shall remove the fence surrounding their Shooting Area at Operator’s expense, unless such fencing is associated with any legal cervidae breeding or farming operation.
7. Each Operator shall restrict the Fee Shooting Activities to a season beginning September 1st of each year and ending on February 28th of the following year for all species other than white-tailed deer. Only those species specifically listed in paragraph A above may be introduced and/or shot within a Shooting Area. With respect to white-tailed deer, such species may only be shot during the legal hunting seasons established by the State of Indiana. However, an Operator may allow any weapon authorized by the State of Indiana to be used to hunt white-tailed deer, to be used at any point during the deer hunting season (i.e. muzzleloader may be used during archery season) within the Shooting Area. Animals harvested within a Shooting Area shall not count against the bag limits established by the State of Indiana and the DNR. Each person hunting within a Shooting Area must lawfully possess an Indiana Hunting License (resident or non-resident, as applicable), and each white-tailed deer harvested within a Shooting Area must be tagged before leaving the facility with a tag provided by DNR. Operators will purchase each tag from the DNR for $25 (twenty-five dollars) per tag.
8. No animal introduced by an Operator into the Shooting Area after January 1, 2007 may be born, raised or bred outside of the State of Indiana. Each Operator shall provide DNR written documentation of the origin of each animal introduced by the Operator into the Shooting Area.
9. Indiana’s game laws prohibiting baiting will apply inside each Operator’s Shooting Area.
10. Each Operator shall maintain fencing around his or her Shooting Area in a condition that does not allow for any animals to escape. Any escaped animal is no longer the property of the Operator unless recaptured by the Operator, and an Operator will have no recourse against any person killing an escaped animal except a person who causes a breech of the fence or otherwise facilitates the animal’s escape.
11. Each animal introduced by an Operator into the Shooting Area shall be marked with some form of identification acceptable to the DNR. An Operator may seek advance written approval from DNR for a new form of identification, however, ear tags, branding and microchips are all approved methods of identification.
12. An Operator may not sell a hunt for a particular animal, but an Operator may establish a staggered fee structure based upon the size of the actual animal harvested.
13. The parties covenant not to advocate directly or indirectly the passage of legislation in the Indiana General Assembly or the United States Congress that would alter this Agreed Order in any way.
14. DNR, in exchange for the release of what DNR has concluded are the Operators’ colorable equitable claims bearing on DNR’s ability to enforce the aforementioned prohibition of Fee Shooting Activities, agrees to be enjoined from enforcing current Indiana laws prohibiting Operators’ Fee Shooting Activities and their business operations through January 1, 2019, provided the Operators comply with all of the foregoing restrictions.
15. Except as expressly provided herein, neither the DNR nor any other agency or department of the government of the state of Indiana is paying cash or any other consideration to the Operators as part of the resolution of the aforementioned claims.
16. Each Operator acknowledges and agrees that all laws, rules and regulations of the United States of America, the State of Indiana, and any local or municipal government other than those which the State of Indiana and the DNR are specifically enjoined from enforcing herein, shall be applicable to the Operators and shall be enforceable in accordance with their terms.
17. The parties will do all other things reasonably necessary to give effect to the terms of this Agreed Order. The parties further agree that should any court, administrative body or other entity having jurisdiction over the subject matter of this Agreed Order rule that any portion hereof is unenforceable, the parties shall at their earliest opportunity attempt in good faith to negotiate an enforceable alternative agreement on substantially similar terms to those contained herein.
18. This Agreed Order applies to the parties, the undersigned Operators and the State of Indiana, including all of the Operators’ employees and agents and to all persons, firms, and corporations acting through or for them, and the terms of this Agreed Order may not be transferred or assigned. Additionally, no Operator may transfer the right to operate Fee Shooting Activities to any other person or entity.
19. This Order shall constitute a final resolution of this pending litigation and any claims, known and unknown, arising out of the subject matter contained therein.
DEPARTMENT OF NATURAL RESOURCES
WHITETAIL BLUFF, LLC
BY:
Kyle J. Hupfer Operator
Director Title
Operation Name
Date: Date:
BY:
Steve Carter Operator
Attorney General Title
COME NOW the Parties to this cause who desire to settle and compromise the matters herein without hearing or adjudication of any issue of fact or law and who hereby agree to the following STIPULATED FACTS and ORDER.
NOW, it is therefore ORDERED, ADJUDGED, and DECREED:
STIPULATED FACTS
A.
1. DNR is duly authorized by Indiana law to protect and properly manage the fish and wildlife resources of Indiana, and to regulate all hunting and taking of fish and wildlife in the State of Indiana.
2. Each undersigned Operator hereby settles and compromises any and all claims, known or unknown, arising out of the subject matter of this litigation, and agrees to cease all Fee Shooting Activities on or before January 1, 2019. No animal may be introduced into the Shooting Area, as defined in paragraph 3 below, by an Operator after January 1, 2017. The two year period between January 1, 2017 and January 1, 2019 shall be referred to herein as the “Phase-out Period”.
3. Each Operator has documented to the DNR that he or she conducted Fee Shooting Activities on or before January 1, 2006. Such documentation, listed by Operator, is attached hereto as Exhibit A. Operators may continue only the Fee Shooting Activities that existed, and have been documented to the DNR as existing, prior to January 1, 2006. Attached hereto as Exhibit B is a description of the fenced shooting area of each Operator (each a “Shooting Area,” and collectively, the “Shooting Areas”). No expansion of an Operator’s Shooting Area is permitted after the date of this Agreed Order, and no further subdivision of an Operator’s Shooting Area is permitted after the date of this Agreed Order.
4. Prior to January 1, 2016, each Operator shall provide DNR with a written Population Control Plan. The Population Control Plan shall describe the methods the Operator will use to ensure complete depopulation of all owned animals from his or her Shooting Area prior to the end of the Phase-out Period. Each Operator agrees to allow DNR to inspect the Shooting Area to confirm that no owned animals remain. If any owned animals do remain, such animals will be killed using legal depredation procedures, unless such animal is to be part of a legal cervidae breeding or farming operation.
5. To the extent required by the Indiana Board of Animal Health or applicable state or federal law, each Operator will have tested for Chronic Wasting Disease (“CWD”) each animal which dies at his or her facility, and will otherwise comply with any and all other testing or animal health requirements established by the Indiana Board of Animal Health or state or federal law.
6. At the end of the Phase-out Period and after the DNR has confirmed that no animals remain inside the Shooting Area, each Operator shall remove the fence surrounding their Shooting Area at Operator’s expense, unless such fencing is associated with any legal cervidae breeding or farming operation.
7. Each Operator shall restrict the Fee Shooting Activities to a season beginning September 1st of each year and ending on February 28th of the following year for all species other than white-tailed deer. Only those species specifically listed in paragraph A above may be introduced and/or shot within a Shooting Area. With respect to white-tailed deer, such species may only be shot during the legal hunting seasons established by the State of Indiana. However, an Operator may allow any weapon authorized by the State of Indiana to be used to hunt white-tailed deer, to be used at any point during the deer hunting season (i.e. muzzleloader may be used during archery season) within the Shooting Area. Animals harvested within a Shooting Area shall not count against the bag limits established by the State of Indiana and the DNR. Each person hunting within a Shooting Area must lawfully possess an Indiana Hunting License (resident or non-resident, as applicable), and each white-tailed deer harvested within a Shooting Area must be tagged before leaving the facility with a tag provided by DNR. Operators will purchase each tag from the DNR for $25 (twenty-five dollars) per tag.
8. No animal introduced by an Operator into the Shooting Area after January 1, 2007 may be born, raised or bred outside of the State of Indiana. Each Operator shall provide DNR written documentation of the origin of each animal introduced by the Operator into the Shooting Area.
9. Indiana’s game laws prohibiting baiting will apply inside each Operator’s Shooting Area.
10. Each Operator shall maintain fencing around his or her Shooting Area in a condition that does not allow for any animals to escape. Any escaped animal is no longer the property of the Operator unless recaptured by the Operator, and an Operator will have no recourse against any person killing an escaped animal except a person who causes a breech of the fence or otherwise facilitates the animal’s escape.
11. Each animal introduced by an Operator into the Shooting Area shall be marked with some form of identification acceptable to the DNR. An Operator may seek advance written approval from DNR for a new form of identification, however, ear tags, branding and microchips are all approved methods of identification.
12. An Operator may not sell a hunt for a particular animal, but an Operator may establish a staggered fee structure based upon the size of the actual animal harvested.
13. The parties covenant not to advocate directly or indirectly the passage of legislation in the Indiana General Assembly or the United States Congress that would alter this Agreed Order in any way.
14. DNR, in exchange for the release of what DNR has concluded are the Operators’ colorable equitable claims bearing on DNR’s ability to enforce the aforementioned prohibition of Fee Shooting Activities, agrees to be enjoined from enforcing current Indiana laws prohibiting Operators’ Fee Shooting Activities and their business operations through January 1, 2019, provided the Operators comply with all of the foregoing restrictions.
15. Except as expressly provided herein, neither the DNR nor any other agency or department of the government of the state of Indiana is paying cash or any other consideration to the Operators as part of the resolution of the aforementioned claims.
16. Each Operator acknowledges and agrees that all laws, rules and regulations of the United States of America, the State of Indiana, and any local or municipal government other than those which the State of Indiana and the DNR are specifically enjoined from enforcing herein, shall be applicable to the Operators and shall be enforceable in accordance with their terms.
17. The parties will do all other things reasonably necessary to give effect to the terms of this Agreed Order. The parties further agree that should any court, administrative body or other entity having jurisdiction over the subject matter of this Agreed Order rule that any portion hereof is unenforceable, the parties shall at their earliest opportunity attempt in good faith to negotiate an enforceable alternative agreement on substantially similar terms to those contained herein.
18. This Agreed Order applies to the parties, the undersigned Operators and the State of Indiana, including all of the Operators’ employees and agents and to all persons, firms, and corporations acting through or for them, and the terms of this Agreed Order may not be transferred or assigned. Additionally, no Operator may transfer the right to operate Fee Shooting Activities to any other person or entity.
19. This Order shall constitute a final resolution of this pending litigation and any claims, known and unknown, arising out of the subject matter contained therein.
DEPARTMENT OF NATURAL RESOURCES
WHITETAIL BLUFF, LLC
BY:
Kyle J. Hupfer Operator
Director Title
Operation Name
Date: Date:
BY:
Steve Carter Operator
Attorney General Title
When someone says trust me you should know you are getting ready for the big one.
? Heads need to roll somewhere, and I'm betting it's at the governer's office. Kinda almost makes me want the HSUS to be successful with their attempt to stop it.
