Joined May 2009
711 Posts | 0+
Fulton, Michigan
You cant believe how relieved I am after 9 years of this battle. Over the years we have spent every dime we could come up with to protect ourselves. Last year we reached out to all the deer organizations out there and others to help us get across the finish line in the appellate court. There were just 4 of us trying to keep this lawsuit alive. If we lost this suit it was sudden death for the entire industry in Indiana. Farm Bureau, NFIB, NADEFA and the Indiana Deer/Elk Farmers Assoc. stepped up and helped us. I hope you support these organizations because they stood up for the industry when nobody else would.
http://www.indystar.com/story/news/2015/02/02/court-rules-dnr-high-fence-hunting-fight/22742533/
Court rules against DNR in high-fence hunting fight
11:06 a.m. EST February 2, 2015
class="(Photo: Kelly Wilkinson/The Star)
52 CONNECT 5 TWEETLINKEDINCOMMENTEMAILMORE
The Indiana Court of Appeals has ruled that state wildlife officials overstepped their authority when they attempted to ban high-fence hunting preserves a decade ago.
The ruling is significant. Today, the House Natural Resources Committee is likely to vote on a bill that would set rules for high-fence hunting preserves in Indiana.
The three-judge appeals panel ruled 2-1 that the Department of Natural Resources went “beyond the express powers conferred upon it by the General Assembly... to manage Indiana’s wildlife,� when the agency tried to shut down hunting preserves a decade earlier.
The appellate court ruled that privately owned deer on preserves are exempt from the DNR’s regulatory authority.
The opinion also calls on the legislature to end a stalemate over high-fence hunting in Indiana.
In 2005, the DNR issued an order attempting to shut down the state's fenced deer hunting preserves, after a case in which deer bred for big antlers were being shot in enclosures so small that officials called them “killing pens.� The preserves sued, challenging the order.
In 2013, a Harrison County judge ruled that the DNR had no authority over captive-deer hunting because the animals on the preserves were privately owned. They are sold as part of a boutique agricultural industry that breeds deer with antlers sometimes twice as large as the record for animals killed in the wild. Valuable breeding bucks and does can command six-figure prices.
The status of the animals remained unclear. Less than a year before the Harrison County ruling, an Owen County judge tossed out another case challenging the DNR’s authority.
The justices affirmed the Harrison County decision.
This story will be updated.
Call Star reporter Ryan Sabalow at (317) 444-6179. Follow him on Twitter: @RyanSabalow.
Court rules against DNR in high-fence hunting fight
11:06 a.m. EST February 2, 2015
class="(Photo: Kelly Wilkinson/The Star)
52 CONNECT 5 TWEETLINKEDINCOMMENTEMAILMORE
The Indiana Court of Appeals has ruled that state wildlife officials overstepped their authority when they attempted to ban high-fence hunting preserves a decade ago.
The ruling is significant. Today, the House Natural Resources Committee is likely to vote on a bill that would set rules for high-fence hunting preserves in Indiana.
The three-judge appeals panel ruled 2-1 that the Department of Natural Resources went “beyond the express powers conferred upon it by the General Assembly... to manage Indiana’s wildlife,� when the agency tried to shut down hunting preserves a decade earlier.
The appellate court ruled that privately owned deer on preserves are exempt from the DNR’s regulatory authority.
The opinion also calls on the legislature to end a stalemate over high-fence hunting in Indiana.
In 2005, the DNR issued an order attempting to shut down the state's fenced deer hunting preserves, after a case in which deer bred for big antlers were being shot in enclosures so small that officials called them “killing pens.� The preserves sued, challenging the order.
In 2013, a Harrison County judge ruled that the DNR had no authority over captive-deer hunting because the animals on the preserves were privately owned. They are sold as part of a boutique agricultural industry that breeds deer with antlers sometimes twice as large as the record for animals killed in the wild. Valuable breeding bucks and does can command six-figure prices.
The status of the animals remained unclear. Less than a year before the Harrison County ruling, an Owen County judge tossed out another case challenging the DNR’s authority.
The justices affirmed the Harrison County decision.
This story will be updated.
Call Star reporter Ryan Sabalow at (317) 444-6179. Follow him on Twitter: @RyanSabalow.
Joined Feb 2013
780 Posts | 1+
Markleville IN
House Natural Resources Committee chairman Sean Eberhart says the panel didn't vote on the bill as scheduled Monday because members are considering whether legalization should be limited to four existing preserves or opened up to new ones.
Joined May 2009
711 Posts | 0+
Fulton, Michigan
jerrilee cave1008771422917336
House Natural Resources Committee chairman Sean Eberhart says the panel didn't vote on the bill as scheduled Monday because members are considering whether legalization should be limited to four existing preserves or opened up to new ones.
Opened to new ones for sure. I have read everything and it says that hunting behind high fence in indiana is not illegal. By definition this makes it legal. why in the world would legislation get passed to only let the four existing preserves be "legalized"? Every citizen in the state of Indiana that owns 100 acres or more should be able to now open a preserve just like in any other state.
Having only four preserves in the state of Indiana is just plain crazy. This does nothing to solve the problems. There are already 4 preserves in the state of indiana. Indiana needs more preserves and more high fence hunters. If you build it, they will come!
House Natural Resources Committee chairman Sean Eberhart says the panel didn't vote on the bill as scheduled Monday because members are considering whether legalization should be limited to four existing preserves or opened up to new ones.
Opened to new ones for sure. I have read everything and it says that hunting behind high fence in indiana is not illegal. By definition this makes it legal. why in the world would legislation get passed to only let the four existing preserves be "legalized"? Every citizen in the state of Indiana that owns 100 acres or more should be able to now open a preserve just like in any other state.
Having only four preserves in the state of Indiana is just plain crazy. This does nothing to solve the problems. There are already 4 preserves in the state of indiana. Indiana needs more preserves and more high fence hunters. If you build it, they will come!
Joined May 2009
711 Posts | 0+
Fulton, Michigan
We cannot agree that this provision prohibits the hunting
of deer owned by breeding operations. In fact, this provision does not address
any activity at all, much less prohibit or authorize it. Rather, it is merely a
definitional section. In pertinent part, it defines what a cervidae livestock
operation is, and clarifies that this term does not describe an operation
involving the hunting of privately owned cervidae. In short, I.C. § 14-22-20.5-2
does not prohibit the activity of high-fence hunting. In fact, it says nothing
about it.
of deer owned by breeding operations. In fact, this provision does not address
any activity at all, much less prohibit or authorize it. Rather, it is merely a
definitional section. In pertinent part, it defines what a cervidae livestock
operation is, and clarifies that this term does not describe an operation
involving the hunting of privately owned cervidae. In short, I.C. § 14-22-20.5-2
does not prohibit the activity of high-fence hunting. In fact, it says nothing
about it.
Todd, Not sure I understand your point or question. This lawsuit accomplishment is that it makes clear the DNR does not have any jurisdiction over the privately owned deer on the preserves and that they overstepped their boundaries when they made high fence hunting illegal in Indiana. As it stands anyone and everyone can open a preserve in Indiana, there are no restrictions. Obviously somewhere and somehow there is going to be oversight. This court decisions allows us firm ground to stand on to help secure the industry forever. Lets hope we can get several new ones opened up to sustain the market.
Joined Oct 2009
3,165 Posts | 1+
upstate ny
Hotrod1009011422991970
Todd, Not sure I understand your point or question. This lawsuit accomplishment is that it makes clear the DNR does not have any jurisdiction over the privately owned deer on the preserves and that they overstepped their boundaries when they made high fence hunting illegal in Indiana. As it stands anyone and everyone can open a preserve in Indiana, there are no restrictions. Obviously somewhere and somehow there is going to be oversight. This court decisions allows us firm ground to stand on to help secure the industry forever. Lets hope we can get several new ones opened up to sustain the market.
I read on facebook from a farmer in Indy that there are like 7 places waiting/wanting to open. Maybe you Assoc needs to get word out of what this all means and what folks can now do. Now is the time to make noise. Strike while the fire is hot!
Todd, Not sure I understand your point or question. This lawsuit accomplishment is that it makes clear the DNR does not have any jurisdiction over the privately owned deer on the preserves and that they overstepped their boundaries when they made high fence hunting illegal in Indiana. As it stands anyone and everyone can open a preserve in Indiana, there are no restrictions. Obviously somewhere and somehow there is going to be oversight. This court decisions allows us firm ground to stand on to help secure the industry forever. Lets hope we can get several new ones opened up to sustain the market.
I read on facebook from a farmer in Indy that there are like 7 places waiting/wanting to open. Maybe you Assoc needs to get word out of what this all means and what folks can now do. Now is the time to make noise. Strike while the fire is hot!
Joined May 2009
711 Posts | 0+
Fulton, Michigan
That is exactly what Indiana needs. My comment was purely that there is some consideration that only a few would be able to hunt. I think it is important that anyone in the state of indiana that meets the criteria be able to hunt. I am very excited about what just happened and I am very happy for you Rodney. You have fought a long fight and finally rightfully won. Hopefully it is a victory for the whole state too. i was just a little taken back when I heard that they were considering having a vote that would only encompass the existing preserves. Glad to hear that it is more than that.
Joined Feb 2013
780 Posts | 1+
Markleville IN
It is a win and a great one for sure Todd. I think that the talk is that they would try to limit it to 4 through legislation. So it looks like the BIG fight is not quite over yet. There was a bill already introduced 2 years ago to try to do this very thing and limit it to 4.
When the DNR announced it was illegal to operate a high fence preserve I originally filed suit by myself because it immediately affected me, Upon winning an injunction in court I went back into court and requested that any and all other preserves in the state be added to the injunction so they would have the same protection. That was granted and 10 others were added. The lawsuit I filed encompassed a declaratory judgement that would be a victory for everyone, not just those operating. The preserves owners and IDEFA have lobbyist and attorneys fighting for this cause. We have seen many highs and many lows over the years. All we can do is hope the lawsuit victory gives us leverage with legislators we didnt previously have. There is currently a bill to shut the entire industry down, we hope that never gets a hearing. We have a bill opening everything up that we all including shawn shaffer testified for last week. We just have to fight off all the amendments that have killed it in the past.
Joined Apr 2014
1,245 Posts | 0+
Greensburg, IN
The bill did not get a vote before the appellate ruling came down because some of the amendments were unacceptable. We will try again next Monday. Hopefully this time around we will again have a good bill. A bill without free enterprise will be yanked. Indiana is supposed to be a conservative pro business state. The NFIB stands behind us. Our opposition will try to start a rift to sabotage this bill. Let's all stick together.
