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-IR- Database Guide
-IR- Database: Indiana Register

TITLE 312 NATURAL RESOURCES COMMISSION

Regulatory Analysis
LSA Document #24-49


I. Description of Rule

(a) and (b) History and Background of the Rule and Scope of the Rule
312 IAC 9-1-17: Adds the definition of "youth" to the definitions section for the article, rather than in 312 IAC 9-3 and 312 IAC 9-4. The definition is not changed, but moved to provide clarification that the definition applies throughout the article, and removes duplicate language throughout 312 IAC 9.

312 IAC 9-2-15: Makes technical changes as the result of changes made in 312 IAC 9-3-2 and conforming changes per the LSA rule drafting manual.

312 IAC 9-3-2: Currently, there is great confusion around the privileges allowed under each deer license both among the public and department of natural resources (department) employees who are responsible for interpreting and enforcing the deer hunting rules. Much of the confusion is a result of the multiple license types available for deer hunting, each having different limits of take. Redefining the bonus antlerless license as a multiple season antlerless license will simplify the privileges of a license holder and make it easy to determine the privileges of a license holder. The proposed changes will allow an individual to still take no more than one (1) antlered deer during the regular deer seasons combined, as is allowed now, but it will also allow them to utilize not more than six (6) additional multiple season licenses to take antlerless deer in any of the regular deer seasons (archery, firearm, and muzzleloader). This is not expected to create a significant change in revenue for the department since there are less than seventy (70) individuals that currently take more than seven (7) deer during a regular deer season each year. There are very few, if any, individuals who take the permitted six (6) antlerless deer under the current rules. There is a maximum number of antlerless deer allowed to be taken per county and a limit to the number of antlerless deer taken on certain department properties to help provide quality deer hunting opportunities. Currently, an emergency rule is enacted each year to establish the bonus antlerless deer bag limits per county and other rules regarding properties where a deer may not be (see LSA #23-523).

The department is proposing to eliminate the crossbow license by allowing individuals who use either a bow and an arrow or a crossbow to purchase an archery license and use either equipment. The change will help reduce confusion amongst deer individuals and give a person an additional equipment option with the one (1) multiple season license. These licenses are both currently allowed during the entire deer archery season, so there is no change to the timeframe in which the licenses can be used. A recent survey of individuals were supportive of this change, although some do not consider crossbows to be "traditional" archery equipment. The change should not impact revenue for the department because an individual is still required to purchase a license, and most individuals use either a bow and an arrow or a crossbow to hunt, but not both.

There are many individuals who dislike our current bonus antlerless quota (CBAQ) structure. This stems from the thought that CBAQs allow some individuals to shoot socially unacceptable numbers of antlerless deer across multiple counties, assuming individuals in each county take the maximum number of bonus antlerless deer. However, approximately seventy percent (70%) of successful Hoosier individuals only shoot one (1) deer per license year. By implementing a statewide bag limit of six (6) antlerless deer, the department will reduce the number of deer an individual may take, therefore reducing the negative feedback received due to the current CBAQ structure. The statewide antlerless limit will improve the perception of deer management by the department among residents who are concerned with high antlerless take allocations under current regulations.
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Additionally, the department may sell both a crossbow and an archery license that costs the same and has equal privileges but allows use of different equipment. The archery license allows individuals to use a long bow, a recurve bow, or a compound bow to take a deer, but a crossbow cannot be used under that license, which makes little sense and is inconsistent. It also created confusion for individuals as to license requirements since use of a crossbow is legal during the archery season, especially for a nonresident individual who is not as familiar with Indiana laws. Since legalizing the use of a crossbow in 2012, less than one percent (1%) of resident and nonresident individuals who have purchased both a crossbow and an archery license or used both equipment types in the same license year. As for a deer license bundle holder, since 2016 there has never been more than ninety-three (93) individuals check in a deer under both equipment types in a given year. Given these metrics, it is unlikely that eliminating the crossbow license and allowing crossbow use under an archery license would contribute to a significant revenue effect either from a decrease in archery or crossbow license sales or disincentivizing deer license bundle purchases. Currently, individuals who hunt using archery equipment can take an antlered or antlerless deer with an archery or a crossbow license, as long as they take not more than one (1) antlered deer in the regular deer seasons combined. However, the small percentage of individuals that purchase both an archery and a crossbow license could potentially save the cost of one (1) license since a license holder could use either type of equipment with that one (1) license. There are no additional costs for an individual who holds a license or the department, and no effects on businesses.

Simplified regulations make hunting more accessible to individuals who are new to hunting deer and who may find license confusion to be a barrier of entry. Less confusing regulations will lead to less staff time spent answering questions about license privileges from confused individuals. Both could lead to increased revenue for the department.

The proposal to change the bundle license to allow individuals to take one (1) buck and two (2) antlerless deer is supported by sixty-two percent (62%) of respondents, opposed by eighteen percent (18%) of respondents, and found neutral by nineteen percent (19%) of respondents of the sixteen thousand three hundred seventy-four (16,374) respondents to a 2022 survey. Landowners and tenants of farmland who are exempt from needing a license to hunt deer on their own farmland would not be affected by this change, as well as a resident youth license holder and a lifetime license holder.

The department asked individuals in the 2022 Deer Management Survey their opinion of these possible rule changes. The survey was sent to eight hundred eleven thousand one hundred twenty-one (811,121) individual hunters, and the department received twenty-two thousand eight hundred forty-two (22,842) responses. At least fifteen thousand nine hundred nine (15,909) individuals and not more than seventeen thousand one hundred ninety-five (17,195) individuals responded to the questions about the proposed changes to the deer rules. The proposed change to limit the total number of antlerless deer that each individual can take in the state to not more than six (6) antlerless deer was supported by seventy-four percent (74%) of respondents, opposed by fourteen percent (14%) of respondents, and found neutral by twelve percent (12%) of respondents of seventeen thousand one hundred ninety-five (17,195) respondents. Removing the bonus antlerless system by county is supported by sixty-four (64%) of respondents with strong support by thirty-seven percent (37%) of respondents, opposed by twelve percent (12%) of respondents, and found neutral by twenty-four percent (24%) of respondents. Combining the archery license and the crossbow license into one (1) license was supported by seventy-three percent (73%) of respondents with sixty-one percent (61%) strongly supporting, opposed by nineteen percent (19%) of respondents, and found neutral by twelve percent (12%) of respondents of sixteen thousand four hundred sixty-two (16,462) respondents. Changing the bundle license to allow individuals to take one (1) antlered and two (2) antlerless deer is supported by sixty-two percent (62%) of respondents, opposed by eighteen percent (18%) of respondents, and found neutral by nineteen percent (19%) of respondents of sixteen thousand three hundred seventy-four (16,374) respondents.

Allowing an individual to take more than two antlerless (2) deer on an archery license and more than one (1) antlerless deer on a muzzleloader license will reduce confusion over which license an individual is required to purchase, and how to check in a deer that is taken during a hunt. Under the current rule, it is legal for an individual to use archery equipment and muzzleloader equipment to take as many deer as are currently permitted per county, as long as the deer is taken in the appropriate season, using legal equipment, and the individual uses either the bundle license or the bonus antlerless license. If an individual checks in more than two (2) antlerless deer taken with an archery license and more than one (1) antlerless deer taken on a muzzleloader license, the individual violated the current rule. Staff time is wasted trying to explain the requirements of a license to an individual, and correcting an accidental mistake an individual makes when checking in a deer. Therefore, this change will result in improved individual service, reduced staff time, and ease of understanding the rules without making a change to the harvest.

The department is also proposing to allow a deer to be taken to replace a deer that was legally taken and found to have meat that is unfit for human consumption under 312 IAC 9-3-2(aa). An individual taking a deer that is unfit for human consumption is a common occurrence during deer season, with a peak during firearm season as this is when most individuals take their deer. Currently, department staff examines photographs, evaluates the condition based upon observations by biologists and conservation officers, or both. A decision is made whether to allow a person to take another deer if the staff for the department determines the deer is inedible based on internal guidelines. If an individual calls with concern over the fitness of an antlerless deer, and there is evidence of systemic infection, department staff allows the individual to take another antlerless deer on the current license used to hunt a deer. The process for determining the fitness of an antlerless deer for human consumption is simple and uniform because the only issue determined by the department is the usability of the meat to the individual. However, when an individual calls regarding the fitness of a buck, there is often an issue regarding the desirability of the antlers to that individual. Department staff found that some individuals who are dissatisfied with the antlers on their buck who can find something wrong with the carcass will call asking to be able to take another buck on their license. Additionally, some individuals see this as another opportunity to take a second buck in addition to the first buck if the meat of the first antlered deer is not edible, and the individual will get two sets of antlers for the year. If department staff decides that a buck is unfit for human consumption, department staff is required to make arrangements to go and collect the antlers. The process is lengthened because the individual must decide if the individual is willing to live with the antlers, but no have meat from the deer. The willingness of an individual to give up antlers often helps department staff to determine whether the individual is trying to get another opportunity to shoot a second buck, or whether the individual has a real concern about the condition of the meat. This often leads to inconsistent decisions or requiring staff to be inflexible when there is a unique situation. Currently, department staff do not allow individuals who have a taken a deer that cannot be eaten to keep their antlers to memorialize a hunt. The change would make the response to these calls more uniform for the individual. Department staff could then offer to replace the meat with an antlerless deer privilege. This approach would be more consistent for the individual and would replace the meat portion of the deer without needing to take away the antlers on the antlered deer that is taken. This is different from the process where the department suspects a disease, such as bovine tuberculosis, and department staff confiscates the whole deer and allows the individual to take another deer on that same license. The current process should remain in place for a deer that the department confiscates for disease reasons. This is not expected to be controversial because the rule to take one (1) buck is popular and most individuals believe that the current provision to take one (1) buck should stay in place, but it would give individuals a clear path to take a deer that is edible if individual takes a deer that is inedible. The public would not incur any costs or increased burden, and it should shorten the time required to make these decisions and provide for a consistent response.

312 IAC 9-3-3: Provides a correction to the terminology for a .25-20 Winchester and a .32-20 Winchester. This ammunition is currently allowed, but the terms need to accurately reflect the names of the cartridges used by the manufacturers. Additional dates are added in subsection (g) for properties that are in a deer reduction zone, because the reduction zone season begins on September 15 and ends on January 31. Therefore, allowing an individual to set up a stand on September 1 gives the individual time to set up the deer stand prior to the start of the deer reduction season, and allows them to leave it in place on the property until after the season is over. The changes provide for the use of a .40 caliber muzzleloader, which will allow more individuals to use equipment currently unable to be used to hunt a deer. A resident requested the use of this equipment previously, so the department is responsive to a request from the public to use this additional equipment for hunting a deer. An individual may use a muzzleloader during the deer firearm season, youth season, and muzzleloader season. There would likely be a very minimal increase in sales of a muzzleloader, but would likely allow an individual to use a muzzleloader that the individual currently possesses. Additionally, the change to subsection (h) removes the language "or retrieve" to allow for a thermal and infrared detector or sensor to be used to retrieve a dead deer. The current language is inconsistent in that it is the only state law or rule that places a prohibition on equipment or methods used to retrieve a dead deer. 312 IAC 9-3-3 allows methods such as dogs and horses to be used to track or trail a dead deer. This would also be consistent with IC 14-22-6-16 that prohibits the use of unmanned aerial vehicles to aid in hunting but allows their use to retrieve a dead wild animal.

312 IAC 9-3-4: Provides that a youth hunter can take no more than one (1) antlerless deer on certain department properties, which is currently established by emergency rule each year (i.e. LSA #23-523) and removed the designation of an "A" county that is no longer used. All counties have an antlerless limit of at least one (1) deer. Additional changes clarify that the number of antlerless deer that can be taken must be in accordance with the six (6) total antlerless deer statewide specified under 312 IAC 9-3-2(t) and county antlerless limit under 312 IAC 9-3-4(h) as described above under 312 IAC 9-3-2.

The change under subsection (b) allows archery individuals to take one (1) antlered deer, and the number of antlerless deer authorized in 312 IAC 9-3-2(t), which is six (6) antlerless deer statewide, and the limit set forth per county. If a person hunts in one (1) county, the limit of one (1) antlered deer and the number of antlerless deer allowed in that county may be taken with equipment that is legal during that season.

Department staff spends a significant amount of time attempting to explain the rules to individuals and correcting an accidental mistake that an individual makes when checking in a deer. Therefore, the change results in improved service to an individual who hunts, reduced staff time, and ease of understanding rules without making a change to the take.

Regarding the changes in subsection (e), deer reduction zones (DRZs) target areas that have high deer populations and high human density or use, resulting in concerns about deer and vehicle collisions and personal property damage. A DRZ has traditionally been established by an emergency rule to allow for changes as needed annually, but because of HEA 1623-2023 the department may no longer use emergency rules for this purpose. The department designates an area as a DRZ to manage deer conflicts through sport hunting. A DRZ provides individuals with additional opportunities to take a deer in that area. The goal is to reduce conflict between deer and humans, not to eliminate the deer population. Incorporating or increasing hunting helps manage deer populations and increases deer wariness of humans, which can also reduce conflicts.

The smallest deer management unit in the state has traditionally been the county; however, a DRZ allows the department to target areas within a county for management. This should allow deer in one (1) part of a county to remain stable or increase while decreasing populations in another part of the same county. The approach coincides with state's current deer management plan which is to strategically manage the state's deer herds. Therefore, in some areas of the state, there should be a larger deer population, while in others the population should be maintained or reduced. A DRZ allows managers to target such areas without reducing deer populations throughout an entire county.

Researchers identified potential areas with high conflict between humans and deer, or high use by mapping areas with high human density, high rates of deer and vehicle collisions. Other conflicts may include reports of deer damage by landowners, requests for deer damage permits, or calls for assistance through our district and urban biologists. The designation process results in two (2) types of DRZs: (1) traditional; and (2) corridors. Traditional DRZs are established near or around urban areas and encompass a community. Alternatively, DRZ corridors are created along portions of major roads to specifically address high rates of deer and vehicle collisions.

Another consideration is desire of a particular community. In some areas, a limited amount of hunting may already be occurring, and a community may be happy with the current level of hunting. In some situations, a DRZ may be counterproductive to hunting access, because community leaders may feel pressured and respond by restricting hunting through local ordinances. Alternatively, communities may ask for a DRZ so the community can continue an urban hunting program. Biologists seek local input to determine a community's reaction to a possible designation. An area may be identified as a candidate for a DRZ if there is a disease risk to humans or livestock because of high deer density. Selection as a DRZ would require a series of deer disease surveys and a determination by department biologists in consultation with public health officials, domestic animal officials, veterinarians, or some combination thereof, that wildlife is a primary reservoir for a disease and that reducing the deer population would significantly lower the transmission risk to humans, livestock, or wildlife.

The increased allowable antlerless take and lengthened deer reduction zone season mean that the individuals who hunt deer can help address problem areas and potentially reduce the need for other measures, such as sharpshooting by paid contractors or the use of deer damage permits. DRZs can increase hunting opportunities for deer in urban environments and help alleviate conflicts between humans and deer. Communities can determine the location and time of the hunts and which individuals can participate. There are also individuals who are trained to carry out urban and suburban hunts who can be contracted to assist with establishing and operating hunts in these areas. A designation as a DRZ can also demonstrate an identified need to community leaders to address deer concerns. The change increases access to hunting, which can help reduce damage in a targeted manner.

The Indiana DNR Deer Program staff recently conducted an analysis to determine the effectiveness of DRZs in reducing deer and vehicle collisions. Department staff found a decrease of deer and vehicle collisions within DRZs of approximately fifteen percent (15%) after allowing individuals to take additional deer within DRZs. These results demonstrate the effectiveness of using targeted recreational hunting as a management tool to reduce deer and vehicle collisions.

Regarding the changes in subsection (h), since 2017, county bonus bag limits have been set on an annual basis by emergency rule to allow for changes each year. However, that is no longer an option under HEA 1623-2023; therefore, the county bag limits have been added to this rule. These county quotas are established using the following: information on individual's desires for the deer population to change from the Annual Deer Management Survey; trends in various deer population indices including deer vehicle collisions, the Archer's Index, changes in effort to take deer, deer damage permits, and others; professional opinions of wildlife biologists and conservation officers; the effects of disease; and the effects of changes on individuals and the deer population. Most recently, the department has added data about deer density from the Northeastern, East Central, and Southern Deer Management Units (DMUs) from the Purdue Integrated Deer Management Project. Because the county antlerless bag limit will now be a combination of the various equipment bag limits and the county bonus bag limit, department staff used the following method to create the proposed antlerless bag limit for inclusion in the rule:
• Because prior county bonus antlerless quota decisions were based on the data gathered each year, using data from the county data available at https://www.in.gov/dnr/fish-and-wildlife/wildlife-resources/animals/white-tailed-deer/county-data/.
• Department staff selected "normal" years (i.e., not a COVID year and not an epizootic hemorrhagic disease [EHD] recovery year). Most often, data from 2022 was selected unless a county was still in a recovery period from EHD. In those cases, 2018 was selected as the next best alternative.
• Department staff examined the number of affected individual individuals and the number of deer that would not be taken at a proposed county bag limit (or the increase the take at a proposed county bag limit).
• Department staff selected a bag limit where very few individuals (less than 10) would be affected by this new bag limit and a number where individuals were using the available bag limit. For example, Steuben County could have a higher bag limit based on population data, but staff have observed from experience that individuals will not use additional antlerless deer bag limit even if it is available. The DNR has seen in the past where individuals will decrease their personal take if they believe the county bag limit is too high. Therefore, the DNR will keep a designated a county bag limit of three (3) for Steuben rather than a 4 or 5, even though the population would support a higher bag limit.
• Minor changes were made to try to keep the counties similar within Deer Management Units.
• Currently, Franklin and Fayette County have a low county bag limit to offset the effects of EHD. The department is proposing that the county bag limit be one (1) beginning in 2024, and two (2) beginning in 2025. The department will continue to review the data for these counties over time and make changes to get them to their target county bag limit of three (3) for Fayette County and four (4) for Franklin County. Proposed county bag limits were shared with District Wildlife biologists for review and Fish and Wildlife and Law Enforcement leadership for review and approval. These changes in total are proposed as the result of comments from deer individuals, respondents to a survey, and DNR staff.

c. Statement of Need – These changes are not the result of a federal or state statutory requirement, a court order, or an audit finding. However, these changes are the result of survey data from individuals who hunt deer and are needed for the clarification of requirements, assisting both individuals who hunt deer in understanding the rules and department staff in explaining them. Additional equipment, such as the .40 caliber muzzleloader have been added, as well as allowing infrared sensors to retrieve a dead deer and including the use of a crossbow into the archery license, so one (1) license is needed for both equipment instead of two (2) separate licenses. Antlerless deer can also be taken during any of the seasons combined, as long as the individual does not exceed the county and statewide limit.

d. Statutory Authority for the Proposed Rule – The department has the statutory authority to establish the methods for taking a wild animal in IC 14-22-2-6. The department is also required to develop rules that are based upon: (1) The welfare of the wild animal; (2) The relationship of the wild animal to other animals; and (3) The welfare of the people under IC 14-22-2-6. "Wild animal" is defined in IC 14-8-2-318 and includes mammals, birds, reptiles, and amphibians. The Natural Resources Commission has the statutory authority to adopt rules pursuant to IC 14-10-2-4.

e. Fees, Fines, and Civil Penalties –These changes do not change or add any fees, fines, or civil penalties.

II. Fiscal Impact Analysis

a. Anticipated Effective Date of the Rule: August 1, 2024. The notice of intent is expected to be published in January of 2024. The public hearings are not anticipated to take place until February and March of 2024, then final adoption by the Natural Resources Commission would not likely take place until May of 2024. By the time it is given final adoption, then reviewed by the Attorney General's Office and Governor's Office and published in the Register, it is likely to be in August of 2024.

b. Estimated Fiscal Impact on State and Local Government –The department anticipates that there will be no fiscal impact to state or local government. There will be some additional administrative costs for department staff, but there will be no costs to local governments.

There is not expected to be an increase or decrease in deer hunting license sales. There is expected to be only minimal expenditures out of the Fish and Wildlife Fund (39745) to do administrative work such as update the website and send out news releases. Website updates, news releases, and updates to the Hunting & Trapping Guide are part of routine business. Administrative duties are paid for out of the Fish and Wildlife Fund (39745) and are part of normal operating costs.

There is not expected to be any significant change in revenue because of these rule changes. Individuals who hunt deer will still need a license to hunt, except for landowners and tenants while hunting on their own farmland. An individual who uses a crossbow to hunt deer will purchase an archery license instead at the same price. Less than twenty (20) individuals who hunt deer each year take three (3) antlerless deer, so changing the deer license bundle to include one (1) antlered deer and no more than two (2) antlerless deer is not expected to result in a decline in deer license bundle sales or affect more than twenty (20) individuals. Less than one hundred (100) individuals who hunt deer each year take more than seven (7) deer in a year, so the change to six (6) antlerless deer is not expected to have a fiscal impact. There are not expected to be new deer hunting licenses sold as the result of these changes. Deer individuals are not likely to purchase additional deer hunting licenses simply to use a different caliber of muzzleloader. Instead, individuals will likely switch from one (1) type of muzzleloader to another.

c. Sources of Expenditures or Revenues Affected by the Rule –There will be no need for an appropriation and no changes in the distribution of revenue as the result of these rule changes. Administrative work to provide public information about the changes will be made through the Division of Fish and Wildlife website, news releases, emails and the annual Hunting and Trapping Regulations Guide, all of which are paid for out of the Fish and Wildlife Fund (39745) and are considered to be part of normal operating costs.

III. Impacted Parties

These changes will likely affect approximately two hundred nine thousand one hundred eighty-nine (209,189) individuals who hunt deer. The change to allow additional muzzleloaders to be used would likely affect eleven thousand three hundred fifty (11,350) individuals that currently use a muzzleloader to hunt deer. The change governing the crossbow licenses would likely affect an estimated seventeen thousand five hundred (17,500) individuals who hunt deer. Farmers and other residents will likely also be impacted indirectly by the number of deer that are taken in the area where their crops are planted and where they drive.

IV. Changes in Proposed Rule

312 IAC 9-1-7: Moved the definition of "youth" from 312 IAC 9-3-4 and 312 IAC 9-4-11 to 312 IAC 9-1-17 so that the definition applies throughout 312 IAC 9 and is not duplicated across multiple rules. The definition did not change. There are no changes in effects on regulated entities or businesses, and there is not a fiscal impact to the department resulting from moving the definition.

312 IAC 9-2-15: Makes technical changes as the result of changes made to 312 IAC 9-3-2 and conforming changes per the LSA rule drafting manual. There are no changes in effects on regulated entities or businesses, and there is not a fiscal impact to the department resulting from the changes.
312 IAC 9-3-2  Direct Effects  Indirect Effect  Fiscal Impact to the department  Business Impacts 
Removes crossbow license  Allows archery individuals to use the same license to hunt with both bows and arrows and crossbows.  None known.  Insignificant; they still have to purchase a deer hunting license. Since 2016, no more than 93 individuals check in a deer under both equipment types in a given year. Both types of equipment can be used with the deer license bundle, antlerless license, lifetime license, and resident youth license.  None. 
Add term multiple season; limits the firearm license to one antlered deer only  Clarifies that the multiple season license can be used to hunt during the archery, firearm, or muzzleloader season instead of the term bonus (which is more confusing); also restricts the firearm license to an antlered deer only, which is the current restriction in 312 IAC 9-3-4 Makes it easier to understand and explain requirements to deer individuals.  None known. The firearm license currently allows only one antlered deer to be taken because the bag limit is only one antlered deer for that season.  None known. 
Removes the reference to the extra bonus antlerless license in subsection (k) and specifies that it can be used during all 4 of those deer hunting seasons.  Clarifies when the license can be used. Eliminates confusion over "bonus" antlerless deer and when they can be taken.  None known.  None known. Simply changes terminology for antlerless deer licenses but does not change the requirement for a license.  None known. 
Limit of 6 antlerless deer statewide  Improves the perception of DNR deer management among Hoosier individuals who are concerned with an unlimited number of antlerless deer that a person can take under the current rule (which is unlimited).

 
Commercial deer processors may have fewer deer to process (if the individuals who normally take more than six (6) antlerless deer use that processor).  Insignificant. Less than seventy (70) individuals take more than six (6) deer each season.  None known. The number of individuals who take more than 6 deer a year is so small that it would not likely affect any commercial deer processors. 
Restricts when antlerless deer can be taken on certain DNR properties  Ensures quality deer hunting on these properties that have a high number of individuals per acre.  Safer for individuals on these properties since the number of people and deer that can be taken is more limited.  None known. Already a limit of bonus antlerless deer by emergency rule (see LSA #23-523).  None known. 
Allows the deer license bundle to be used only to take 1 antlered deer and 2 antlerless deer, not 3 antlerless deer  Helps eliminate confusion among deer individuals as to how many antlerless deer they can take among all of the deer seasons combined and when they can take those deer with the bundle.  Makes it easier for individuals to understand and for DNR staff to explain requirements to deer individuals.  Insignificant. Not expected to impact license sales since very few individuals use the bundle to take 3 antlerless deer now.  None known. 
Allows a person to be given an authorization to take an antlerless deer to replace one that was taken and unfit to eat  Eliminates subjectivity by DNR staff when these decisions are made and provides a clear, legal option for deer individuals. Does not allow them to get a replacement antlered deer.  Saves DNR staff time.  None known. Currently done in a more informal manner.  None known. 
312 IAC 9-3-3  Direct Effects  Indirect Effect  Fiscal Impact to the department  Business Impacts 
Removes reference to special antlerless season.  None known since this season has not been open for several years. See 312 IAC 9-3-4 for more details.  None known.  None known.  None known. 
Changes to Winchester cartridges.  Corrects the terminology for these cartridges; it's still the same cartridges that are allowed now but accurately identifies them.  Clarification for individuals who hunt deer.  None known  None known. 
Changes .44 caliber to .40 caliber for muzzleloaders.  Allows additional muzzleloaders to be used for deer hunting that are only .40 caliber; this has been requested by some individuals in the past.  May cause more .40 caliber muzzleloaders to be sold for deer hunting.  Insignificant. Not likely to increase license sales by allowing some additional muzzleloaders to be used.  May increase sales of .40 caliber muzzleloaders since they would be able to be used by individuals who hunt deer. 
Changes date to September 1 through February 8 for tree or ground blinds set on department properties located in deer reduction zones.

 
Provides additional days for individuals to place tree stands and blinds on department properties since a few properties are in a deer reduction zone, and the deer reduction zone season beginning on Sept. 15 and ending on January 31.

 
None known.  None known.  None known. 
Removes language regarding the use of infrared detectors to locate or retrieve deer.  Allows individuals to use infrared detectors to find dead deer; with newer technology and the use of drones, individuals could more easily retrieve a dead deer; this is consistent with the use of unmanned aerial vehicles in IC 14-22-6-16 and the use of dogs and horses to help retrieve dead deer in 312 IAC 9-3-2 May increase the use and sales of drones with infrared detectors to individuals to help find dead deer.  None known.  May increase sales of drones with infrared detectors to individuals to help find dead deer. 
312 IAC 9-3-4  Direct Effects  Indirect Effect  Fiscal Impact to the department  Business Impacts 
Specifies that a youth individual can take no more than 1 antlerless deer on certain department properties.  This limitation matches current restrictions set forth in emergency rule (see LSA #23-523).  Allows additional opportunities for other individuals who hunt deer to take deer during the regular deer seasons.  None known. This matches current restrictions. These individuals who hunt deer can still take additional antlerless deer during the regular deer seasons.  None known. 
Clarifies that the number of antlerless deer that can be taken must be in accordance with the six (6) total antlerless deer statewide under 312 IAC 9-3-2 and county antlerless limit under 312 IAC 9-3-4. The term "A" county is no longer used, so it is being removed.  Improves the perception of department deer management among resident individuals who are concerned with an unlimited number of antlerless deer that can be taken statewide in a season. Every county is at least a one (1), so a deer individual can take at least one (1) antlerless deer throughout all of the regular deer seasons combined in these counties.  None known.  Insignificant. Less than seventy (70) individuals take more than six (6) deer each season.  None known. The number of individuals who take more than six (6) deer a year is so small that it would not likely affect any commercial deer processors. 
Removes language specifying a bag limit for the archery season. Therefore, it allows archery individuals to take one antlered deer (which is the current statewide limit as set forth in 312 IAC 9-3-2) and the number of antlerless deer authorized in 312 IAC 9-3-2), which is six (6) antlerless deer statewide and no more than (2) the number of antlerless deer allowed per county.  Individuals who hunt deer could take additional antlerless deer during the archery season instead of being limited to only two (2) antlerless deer.  Could slightly increase take in some areas.  None known. Not likely to affect license sales since the deer license bundle would still allow one (1) antlered deer and two (2) antlerless deer to be taken and other deer licenses are issued for each deer to be taken.  None known. 
Adds the deer reduction zones currently authorized by emergency rule (LSA #23-522). These must be added due to changes in HEA 1623-2023.  Allows additional deer to be taken in these areas, including both urban areas and corridors along major highways.  None known.  Sales of deer reduction zone licenses. However, these same zones have been in place for five (5) years by emergency rule (LSA #23-522) and since no changes are being made, no additional license sales are expected.  None known. 
To clarify that the number of antlerless deer that can be taken would be that authorized under 312 IAC 9-3-2 and the statewide limit of one (1) antlered deer.  Clearly allows individuals who hunt deer to be able to take antlerless deer and one (1) antlered deer during the firearm and muzzleloaders seasons in accordance with 312 IAC 9-3-2 None known.  Not likely to affect license sales since bonus antlerless deer can be taken now during the firearm and muzzleloader seasons with a bonus antlerless license.  None known. 
Sets forth a maximum number of deer per county.  Easier for individuals who hunt deer to understand limits since these would be the county limits for antlerless deer throughout all of the archery, firearm, and muzzleloader seasons combined.  None known.  None known. Already a limit of bonus antlerless deer per county now. (see LSA #23-523)  None known. Not likely to impact any commercial deer processors. 
Repeals the section that establishes the special antlerless season.

 
None known. Not currently allowed since no counties have had a quota of at least four (4) deer for a few years.  Limits when individuals can take antlerless deer under the other seasons instead of having this additional timeframe.  None known. Has not affected license sales the last few years when there has not been a quota that high.  None known. 

V. Benefit Analysis

The Statement of Need on pages 1-6 of this document outlines the benefits for these proposals. The table above specifies who is impacted. The direct and indirect effects of the proposed rules are described on pages 8-12 of this document. As described on these pages, these proposed changes will save time and money through a reduced amount of staff time and resources explaining the current requirements in the rules. Compliance is easier due to the simplifications of the rules. Businesses that sell .40 caliber muzzleloader may have an increase in sales due to the ability for individuals to use them when hunting deer. There is no change in fees. By establishing deer reduction zones along major highways, the number of deer that taken in these areas is increased, causing fewer deer collisions in these areas.

a. Estimate of Primary and Direct Benefits of the Rule – The direct benefits of these rules are to individuals who hunt deer. These individuals will find the rules easier to understand as well as adds to legal equipment that can be used to hunt and retrieve deer. Department employees will also have to spend less time explaining rules to individuals.

b. Estimate of Secondary or Indirect Benefits of the Rule – Indirect benefits of these rule changes are described on pages 8 through 13 of this document.

c. Estimate of Any Cost Savings to Regulated Industries – There will be a cost savings for individuals that may wish to use both a traditional bow and arrow and crossbow to hunt deer and will no longer need to purchase two (2) separate licenses to hunt with this equipment. There will also be a cost savings for individuals who have already purchased a license and taken a deer but have found it to be unfit for human consumption and will be able to take an antlerless deer without the need to purchase an additional license.

VI. Cost Analysis

See pages 1-7 for a complete analysis.
a. Estimate of Compliance Costs for Regulated Entities – There are no new costs for regulated entities or businesses to comply with these rules.

b. Estimate of Administrative Expenses Imposed by the Rules – There is expected to be only minimal expenditures out of the Fish and Wildlife Fund (39745) to do administrative work such as update the website and send out news releases. Website updates, news releases, and updates to the Hunting & Trapping Regulations Guidebook are part of routine business. Administrative duties are paid for out of the Fish and Wildlife Fund (39745) and are part of normal operating costs.

c. The fees, fines, and civil penalties analysis required by IC 4-22-2-19.6The rules do not increase fees, fines, and civil penalties.

VII. Sources of Information

a. Independent Verifications or Studies - The number of individuals was obtained from the number of individuals that purchase deer hunting licenses and take deer each year with a department issued license and the check in game electronic harvest reporting system.

b. Sources Relied Upon in Determining and Calculating Costs and Benefits – The department asked individuals in the 2022 Deer Management Survey their opinion of these possible rule changes. The survey was sent to eight hundred eleven thousand one hundred twenty-one (811,121) people, and twenty-two thousand eight hundred forty-two (22,842) responses were received. At least fifteen thousand nine hundred nine (15,909) and not more than seventeen thousand one hundred ninety-five (17,195) individuals responded to the questions about the proposed changes to the deer rules. Regarding the proposed change to limit the total number of antlerless deer an individual may take to not more than six (6) antlerless deer was supported by seventy-four percent (74%) of respondents, opposed by fourteen percent (14%) of respondents, and found neutral by twelve percent (12%) of respondents. Removing the bonus antlerless system by county was supported by sixty-four percent (64%) of respondents with thirty-seven percent (37%) of respondents strongly supporting, opposed by twelve percent (12%) of respondents, and found neutral by twenty-four percent (24%) of respondents. Combing the archery license and crossbow license into one license was supported by seventy-three percent (73%) of respondents with sixty-one percent (61%) strongly supporting, opposed by nineteen percent (19%) of respondents, and found neutral by twelve percent (12%) of respondents of sixteen thousand four hundred sixty-two (16,462) respondents. Changing the bundle license to allow individuals to take one (1) antlered deer and two (2) antlerless deer was supported by sixty-two percent (62%) of respondents, opposed by eighteen percent (18%) of respondents, and found neutral by (19%) of respondents of a total of sixteen thousand three hundred seventy-four (16,374) respondents.

The benefits and costs of the proposed changes were obtained from staff of the DNR Division of Fish and Wildlife.

VIII. Regulatory Analysis

There are no new costs for regulated entities or businesses because of these rules changes. Individuals will find the rules easier to understand as well as add to legal equipment that can be used to hunt and retrieve deer. Department employees will also have to spend less time explaining rules to individuals. In conclusion, individuals who hunt deer will have a clearer set of rules to follow, making it easy to know how many deer can be taken. Therefore, the department believes that with the many expected benefits for regulated entities and few administrative costs for the department, these rule changes are warranted.

Notice of First Public Comment Period with Proposed Rule: 20240214-IR-312240049FNA
LSA Document #24-49
Notice of Determination Received: December 20, 2023

Posted: 02/14/2024 by Legislative Services Agency

DIN: 20240214-IR-312240049RAA
Composed: Dec 04,2024 3:55:09AM EST
A PDF version of this document.