Judge rules against the DNR on canned hunts

[Willie]

Yeah....we don't need the DNR. Just allow anyone to have a "free enterprise"..

DNR arrests man for selling wildlife

 

[genehopkins]

Fargo - it is already against the law, always has been. It is not something made up by a DNR Czar. When DNR tried to enforce the law the lawsuit was filed against DNR by this guy. The judge filed a temporary injunction, then ruled against DNR saying that they had no standing to stop him. Wrong, they did. The law was already clear but a judge used political motivation - rather than doing his job of enforcing the law he tried to make a new law himself.

All of us regardless of political affiliation should never stand for a judge trying to make law. I am guessing that the appeal will be based upon the fact that a law was broken and DNR has a duty to enforce these laws for the protection of our wildlife resources.

 

[Fargo]

Fargo - it is already against the law, always has been. It is not something made up by a DNR Czar. When DNR tried to enforce the law the lawsuit was filed against DNR by this guy. The judge filed a temporary injunction, then ruled against DNR saying that they had no standing to stop him. Wrong, they did. The law was already clear but a judge used political motivation - rather than doing his job of enforcing the law he tried to make a new law himself.

All of us regardless of political affiliation should never stand for a judge trying to make law. I am guessing that the appeal will be based upon the fact that a law was broken and DNR has a duty to enforce these laws for the protection of our wildlife resources.

Give me the IC code please then if it is against the law...

Thanks,

Joe

 

[genehopkins]

Hello Joe,

Lt. Col. Phil Ohmit was a very good friend of mine, and it was Phil who coached me on the legal points as I was researching the topic during that Captive Cervid Council period a few years ago. Unfortunately we lost Phil last year, but I will get the code for you.

Thanks for the efforT you are taking to get it right. This is an emotional issue for sure, so keeping the discussions civil is very important. I appreciate a good civil discussion, this is how we make progress on difficult issues.

Happy Hunting.

 

[possumpacker]

if DNR is against high fence hunting then why do they manage the high fence hunt in western in. at Newport. its true. and its hypicritical

 

[phylodog]

if DNR is against high fence hunting then why do they manage the high fence hunt in western in. at Newport. its true. and its hypicritical

If you are talking about the chemical depot then you are comparing apples to oranges. It is a fenced in military complex where hunting is allowed. So is Camp Atterbury. They didn't build the fences to keep deer in or out nor were the fences constructed for hunting purposes. They are government owned property that people are allowed to hunt. perhaps they should stop allowing hunting in those places so as not to appear hypocritical.

 

[possumpacker]

noy sayin they should not allow it but one of their arguments is that high fence hunting is not fair chase yet they are doing it . its B.S.

 

[phylodog]

It's 6990 acres and no one is buying deer to stock the enclosure.

 

[Hookeye]

6990 acres surrounded by a single fence or does it have sections?

 

[phylodog]

I've never been so I couldn't tell you. I'd assume they have the area split up for hunting purposes and assign hunters to different locations but I doubt there are fences bordering them.

There is a very distinct difference in fencing a military installation yet still allowing citizens to enter the property to hunt and fencing in a couple hundred acres, bring in genetically altered deer and charging hundreds of dollars for the priveledge of "hunting" them. Show up to Camp Atterbury on opening day of gun season and you'll find hundreds of people milling around hoping to get access. They aren't there because Atterbury is loaded with Boone & Crockett bucks, they're there because they don't have access to private land and it is public (albeit government controlled) land with restricted access.

 

[Fargo]

Hello Joe,

Lt. Col. Phil Ohmit was a very good friend of mine, and it was Phil who coached me on the legal points as I was researching the topic during that Captive Cervid Council period a few years ago. Unfortunately we lost Phil last year, but I will get the code for you.

Thanks for the efforT you are taking to get it right. This is an emotional issue for sure, so keeping the discussions civil is very important. I appreciate a good civil discussion, this is how we make progress on difficult issues.

Happy Hunting.

The DNR director's press release on its order sure sounds like they are making both law and policy:

...I have today signed an emergency rule that closes all potential loopholes with respect to the hunting of exotic mammals. The DNR will immediately begin permanent rulemaking with the Natural Resources Commission on this issue.

IN.gov: Newsroom

The DNR is an executive branch law enforcement agency, not a judicial or legislative entity. They should not be trying to perform judicial functions or legislative functions; both of which they describe in the above release.

There is a reason the judge ruled against them, and I somehow doubt it has anything to do with his personal beliefs. It could just be because it is what the law requires.

Once again, I am generally opposed to high-fence whitetail hunting for a great number of reasons. That said, I am even more against the usurpation of judicial and legislative authority by entities like the DNR.

If Hoosiers want to outlaw high fence hunting, they are absolutely free to do so via their elected legislature. To date that hasn't happened.

Best,

Joe

 

[possumpacker]

I have 8000 acres and imported no animals just charge hunt fee shouldn't I be allowed to operate?

 

[Hookeye]

I would think an "access fee" or "trespass fee" to be legal.

 

[possumpacker]

acess fee or trespass is legal unless behind high fence. and don't matter how large the area. that's my point. only DNR can operate high fence. private property owning taxpayers can not.

 

[greg]

I have 8000 acres and imported no animals just charge hunt fee shouldn't I be allowed to operate?

The State of INDIANA still owns all wildlife on your property......you must then play by there rules!!! Sorry....

 

[greg]

The DNR director's press release on its order sure sounds like they are making both law and policy:



IN.gov: Newsroom

The DNR is an executive branch law enforcement agency, not a judicial or legislative entity. They should not be trying to perform judicial functions or legislative functions; both of which they describe in the above release.

There is a reason the judge ruled against them, and I somehow doubt it has anything to do with his personal beliefs. It could just be because it is what the law requires.

Once again, I am generally opposed to high-fence whitetail hunting for a great number of reasons. That said, I am even more against the usurpation of judicial and legislative authority by entities like the DNR.

If Hoosiers want to outlaw high fence hunting, they are absolutely free to do so via their elected legislature. To date that hasn't happened.

Best,

Joe

Ever hear of the NRC??? NRC: Home

The DNR usally don't act alone!!!!

 

[possumpacker]

im playin by the rules according to the judge in the court ruling(topic of thread)DNR now wants to change rules so private property owners cannot do what are doing.

 

[Willie]

im playin by the rules according to the judge in the court ruling(topic of thread)DNR now wants to change rules so private property owners cannot do what are doing.

Which judge and which ruling?

You are aware that there are conflicting rulings from two different judges on this fiasco, aren't you?

 

[possumpacker]

yes, the most recent ruled in favor of pen operators. probably end up in state supreme court

 

[Willie]

yes, the most recent ruled in favor of pen operators. probably end up in state supreme court

It should end up in the legislature where they can pass an iron clad law - one way or another..