Spotlighting Bill HB1511 passes committee

[greg]

HB1511 passed the House Natural Resources Committee yesterda by a vote of 7-2.

http://www.in.gov/apps/lsa/session/billw....Bill&docno=1511


Citations Affected: IC 14-22.

Synopsis: Spotlighting wild animals. Defines "spotlight" as a projected spot of light used to direct a narrow, intense beam on a person, animal, or object. Provides that a person who, between October 1 and January 15, shines a spotlight, searchlight, or other artificial light upon a wild bird or wild animal for the purpose of locating a wild bird or wild animal commits a Class C infraction. Establishes certain exceptions. Requires a court to suspend for two years the hunting, fishing, and trapping license privileges of a person who incurs a second conviction or judgment for shining a light on a wild bird or wild animal. Provides that certain violations of fish and wildlife law result in suspension of the violator's fish and wildlife license privileges, rather than revocation of the license. Allows a court to suspend certain fish and wildlife license privileges for two years for a violation of a wildlife protection law.


Effective: July 1, 2013.

 

[Dss21]

Thanks for posting. I will be sure to contact my state Rep and urge them to oppose this bill. This makes no sence to me at all. With the coyote population getting out of control in the state they now want to limit the number of legal hunting nights from 151(currently) to 59(if bill passes). The effective dates in this bill is right in the heart of Coyote,fox,skunk opossum and Raccoon season. Why do they want to do this ?

 

[jath08]

So this means no more driving in the country with the kids looking for deer at night especially when it snows. This does put a huge damper on the yote hunting season cutting right into some of the best season. I've always shot more yotes at night during deer season than any other time.

 

[Willie]

Just during deer season?

Kind of blows that "shining farmers' house and barns" excuse out of the water doesn't it?

It seems is is really all about "I don't want anyone shining MY bucks".

I get so sick and tired of laws being proposed and passed to try and stop what some MIGHT do while punishing people that do right.

We used to be denied our second amendment rights of carry while bowhunting because someone MIGHT shoot a deer with a carry gun. Poor....

 

[DEC]

I personally think the whole argument against shining is weak at best.

I don't drive around shining. I never have and don't ever intend to. I have other things to do with my time. That being said, I so not care if others do it.

My issue with any proposed legislation is where do you draw the line between what is legal and illegal activity.

I often carry an 800 Lumen flashlight on me when outside in the evenings. I own a lot of property and am often outside after dark between the house, my shop, and ground I own. If I'm walking out behind one of my barns and shine my powerful flashlight (it reaches 200+ yards easy) ahead of me and there is a deer in my beam, am I breaking the law? If I hear something and shine my light that direction and find out there are 6 deer staring at me, am I illegal? If I pull in my driveway and there are deer in my drive or along the edge of it (which there often are on my 1/4 mile long drive) and I stop with them in my headlight beams and watch them, am I illegal? If I decide to go out in my back field at night to check on something and I have a powerful light of some sort turned on, am I going to be accused of shining? I could go on with examples where any one of us could be called into question about the legality of our actions.

The entire concept of banning spotlighting is silly to me. More and bigger government. It is banning something that causes no harm because someone "might" do something illegal. It is about as silly as banning 30 round magazines or any of the other nonsensical stuff that is going on.

 

[Dss21]

Please contact your State Rep about this bill.
I will try to add two links. The top link will find your State Rep. and the bottom link to email or phone them.

http://district.iga.in.gov/DistrictLookup/

http://www.in.gov/legislative/2345.htm

 

[jakeep]

I have taken my kids out at night looking at deer before. As long as I don't have a loaded gun in the vehicle I don't think it's any of there business what I'm doing. How would it work if I'm camping in a State Park and you take a flash light to walk to the bathroom and see a deer or coon and shine my light on it. Did I just commit a crime?

 

[jath08]

Please contact your State Rep about this bill.
I will try to add two links. The top link will find your State Rep. and the bottom link to email or phone them.

http://district.iga.in.gov/DistrictLookup/

http://www.in.gov/legislative/2345.htm

Thanks Dss21 for the links. Defianately going to do that. Because under this new bill I can no longer use a spotlight to predator hunt at night. Which unless you have a high dollar NV scope its pointless to even try and hunt fox and yotes. Looks like this section of the DNR rules and regulations will be changing then. Just another way to punish those that do right because of those that dont do what is right.
Furbearers Hunting Seasons

coyote, striped skunk Oct 15, 2010 - Mar 15, 2011
raccoon, oppossum Nov 8, 2010 - Jan 31, 2011
red and gray fox Oct 15, 2010 - Jan 31, 2011
dog running (raccoon and opossum only) Feb 15, 2010 - Oct 14, 2010
Feb 15, 2011 - Oct 14 - 2011

Dog Running
The dog running season for raccoon and opossum extends from noon Feb. 15 through noon Oct. 14. It is illegal to possess a firearm, air rifle, or another device capable of taking a raccoon or opossum while chasing a raccoon or opossum during the dog running season, except for a handgun possessed under a personal protection permit. It is legal to hunt foxes (Oct. 15 to Feb. 28) and coyotes (Oct. 15 to March 15) with dogs during the established hunting seasons.

Predator Calling
It is legal to hunt fox and coyote with the use of mouth- or hand-operated calls, or with the use of recorded calls. Spotlights may be used to take fox and coyote. There are no restrictions on hunting hours or firearms for hunting fox and coyote. It is illegal to hunt fox or coyote from a roadway or with the use of any motor-driven conveyance

 

[Dss21]

Thanks Dss21 for the links. Defianately going to do that. Because under this new bill I can no longer use a spotlight to predator hunt at night. Which unless you have a high dollar NV scope its pointless to even try and hunt fox and yotes. Looks like this section of the DNR rules and regulations will be changing then. Just another way to punish those that do right because of those that dont do what is right.
Furbearers Hunting Seasons

coyote, striped skunk Oct 15, 2010 - Mar 15, 2011
raccoon, oppossum Nov 8, 2010 - Jan 31, 2011
red and gray fox Oct 15, 2010 - Jan 31, 2011
dog running (raccoon and opossum only) Feb 15, 2010 - Oct 14, 2010
Feb 15, 2011 - Oct 14 - 2011

Dog Running
The dog running season for raccoon and opossum extends from noon Feb. 15 through noon Oct. 14. It is illegal to possess a firearm, air rifle, or another device capable of taking a raccoon or opossum while chasing a raccoon or opossum during the dog running season, except for a handgun possessed under a personal protection permit. It is legal to hunt foxes (Oct. 15 to Feb. 28) and coyotes (Oct. 15 to March 15) with dogs during the established hunting seasons.

Predator Calling
It is legal to hunt fox and coyote with the use of mouth- or hand-operated calls, or with the use of recorded calls. Spotlights may be used to take fox and coyote. There are no restrictions on hunting hours or firearms for hunting fox and coyote. It is illegal to hunt fox or coyote from a roadway or with the use of any motor-driven conveyance

Under this proposed bill I am not even sure you could use night vision. Some/most of the night vision scopes use a IR illuminator that maybe considered casting a beam of light.

 

[singlestacksig]

the bill does not stop you from spotlighting for fur bearers;

"(d) An individual may not take any wildlife, except furbearing mammals, with the aid of illumination of any spotlight, searchlight, or other artificial light."

and it does not apply if you own the property..

 

[jath08]

the bill does not stop you from spotlighting for fur bearers;

"(d) An individual may not take any wildlife, except furbearing mammals, with the aid of illumination of any spotlight, searchlight, or other artificial light."

and it does not apply if you own the property..

AHH just reread it. I skimmed it over the first time and must have missed this.

 

[Dss21]

the bill does not stop you from spotlighting for fur bearers;

"(d) An individual may not take any wildlife, except furbearing mammals, with the aid of illumination of any spotlight, searchlight, or other artificial light."

and it does not apply if you own the property..

Thanks for posting. I jumped the gun on this. All though this is not as bad as I first
thought I am still not sure I agree with it. I just dont like the idea of MORE laws.

 

[singlestacksig]

it just prohibits people from driving around and shining lights on others land..
a lot of burglers & poachers risk getting caught ...

 

[whitetailbowhunter]

I personally think the whole argument against shining is weak at best.

I don't drive around shining. I never have and don't ever intend to. I have other things to do with my time. That being said, I so not care if others do it.

My issue with any proposed legislation is where do you draw the line between what is legal and illegal activity.

I often carry an 800 Lumen flashlight on me when outside in the evenings. I own a lot of property and am often outside after dark between the house, my shop, and ground I own. If I'm walking out behind one of my barns and shine my powerful flashlight (it reaches 200+ yards easy) ahead of me and there is a deer in my beam, am I breaking the law? If I hear something and shine my light that direction and find out there are 6 deer staring at me, am I illegal? If I pull in my driveway and there are deer in my drive or along the edge of it (which there often are on my 1/4 mile long drive) and I stop with them in my headlight beams and watch them, am I illegal? If I decide to go out in my back field at night to check on something and I have a powerful light of some sort turned on, am I going to be accused of shining? I could go on with examples where any one of us could be called into question about the legality of our actions.

The entire concept of banning spotlighting is silly to me. More and bigger government. It is banning something that causes no harm because someone "might" do something illegal. It is about as silly as banning 30 round magazines or any of the other nonsensical stuff that is going on.

Great post! perfectly said! +1!

 

[TaunTaun]

So, you don't even have to HAVE a gun on you to be prosecuted for spotlighting...

So, if you have a narrow, intense beam and it lands on an animal at night during this winter period.....


Anyone else drive a car or truck during the winter? Some of those headlights are pretty intense and narrow...

Heaven forbid someone looks around their own property with a flashlight/spotlight....

It'd be a shame for a DNR officer to repond to an attempted spotlighting out in the middle of the country, and gets shot by the homeowner for snooping around his property and making noise and getting into things...

 

[Jason R. Bruce]

I doubt it passes, didn't last year after making it out of committee.

There is a clear exception for hunting furbearers under section (d). I had to read it a couple times to find that myself. Perhaps not clear enough. I think it should include verbiage that defines the "common practices of hunting furbearers" because you're simply going to light up non-target critters from time to time. It happens. You identify them and move on, but the law seems to ignore the common sense fact that IT WILL HAPPEN. I call in a handful of bobcats a year much less otter, deer, livestock, ect. No intention of shooting them but I have to identify them.

I probably get lit up while calling coyotes at night half a dozen times a year. Costs me a coyote once in a while, annoys me every time, but such is life. Only twice have I had coyotes (and me) spotlighted, spooked, and got them back to kill them. Usually it's a deal breaker.

While banning spotlighting through the winter would actually be a very convenient rule for ME and my PERSONAL usage of Indiana's resources, I don't support legislating more rules and restrictions on other sportsmen over something so frivelous. I wonder if the proponants use the "if it saves one deer" BS to push this?

It's illegal to shoot a deer from a roadway. Illegal to shoot a deer after sunset. Illegal to shoot from a moterized conveyance. Illegal to posess a firearm while spotlighting. Illegal to trespass. Is banning spotlights going to make it "illegal-er" for a poacher to do his deeds? Is that where he'll draw the line and decide to fly the straight & narrow? I think not. He'll find the deer in September like everyone else and be more cautious with his light handling when he goes back to kill later.

I've always thought it'd be easier to follow the "can't beat em, join em" mentality. Have the CO's shining July through November and make note of the bruiser bucks. Most of the fields wouldn't hold a deer worth motivating someone to pop a primer, so narrow it down to the few that do and babysit them while they're still on feeding patterns. Let the poachers come to the big deer, and be there. Heck... trail-cam the roadway. If you find a scull capped carcass, do a temp probe to determine time of kill and pull the camera card.

Seems logical. Perhaps they're already doing it?

 

[greg]

The bill goes back to the full House for a vote and then on to the Senate.

 

[GARY T]

DNR= 1950's enforcement. Just what is the law interpation on lights for coyotes? They say continous burning light! Anybody out there walk around shining a light all over the place?....LOL

 

[Hogwylde]

So...................if you don't HAVE a hunting, fishing, trapping license............suspending it doesn't do a darn thing, does it?

 

[singlestacksig]

DNR= 1950's enforcement. Just what is the law interpation on lights for coyotes? They say continous burning light! Anybody out there walk around shining a light all over the place?....LOL

a candle, lantern or even one of the red led head lights counts..
it is the law, and not hard to follow..