Rule & Regulation Changes

312 IAC 9-3-2:  Creating a single license for archery and crossbow equipment

The DNR proposes to eliminate the crossbow license by allowing individuals who use either a bow and arrow or a crossbow and bolt to purchase an archery license and use either equipment. This change will help reduce confusion and give deer hunters an additional equipment option with the one (1) license. Both licenses are 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 hunters found they were supportive of this change, although some do not consider crossbows to be “traditional” archery equipment. The change should not impact revenue for the DNR 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. Since legalizing the use of a crossbow in 2012, less than 1% of resident and nonresident hunters have purchased both a crossbow and an archery license or used both equipment types in the same license year. As for hunters who use the deer license bundle, since 2016 there has never been more than 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. It is also unlikely to result in a change in harvest. 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 do not take more than one antlered deer in the regular deer seasons combined; however, the small percentage of individuals who purchase both an archery and a crossbow license could potentially save the cost of one license because a license holder could use either type of equipment on the one archery license.

A question in the 2022 Deer Management Survey asked about combining the archery and crossbow licenses into one license. We received 16,462 responses to this question. Of those, 73% supported this rule proposal (61% strongly supporting; 12% somewhat supporting), 12% were neutral, and 19% opposed (11% strongly opposing; 7% somewhat opposing).

In a 2021 survey, there were 894 archery-only respondents out of 16,462 total respondents (5.4%). Of those, 44% supported this proposal (31% strongly supporting; 13% somewhat supporting), 18% were neutral, and 38% opposed (30% strongly opposing; 8% somewhat opposing).

The DNR recognizes the desire of hunters to keep seasons specific to a type of equipment and to place certain limitations on others who hunt that season. However, the deer program aims to simplify the rules that govern deer hunting so that hunters desiring to enter the sport are less confused by the regulations.

312 IAC 9-3-2: Change the bundle license to one antlered deer and two antlerless deer

The DNR is proposing to change the bundle license to allow hunters to take one buck and two antlerless deer and removing the option of harvesting three antlerless deer. This is being proposed to further simplify regulations for hunters. 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 and neither would resident youth and lifetime license holders. With only a small fraction of hunters using the bundle to harvest three antlerless deer, this will also reflect how the vast majority of hunters use this license.

The DNR asked a question about changing the bundle to allow hunters to only harvest one buck and two does in the 2022 Deer Management Survey. There were 16,374 responses to this question. Of those, 62% of hunters supported the proposed rule (40% strongly supporting), 19% were neutral, 18% opposed (11% strongly opposing).

312 IAC 9-3-2: Creation of the multiple season antlerless deer license

This license will replace the bonus antlerless deer hunting license and allow an individual to take one antlerless deer per license using equipment authorized during the season in which they are hunting.

312 IAC 9-3-2: Creation of a statewide antlerless bag limit

The DNR proposes to create a statewide antlerless bag limit to go along with the current statewide antlered bag limit. This change is being proposed because the current county bonus antlerless quota (CBAQ) system allows individuals to shoot perceived excessive numbers of antlerless deer across multiple counties, if individuals in each county were to take the maximum number of bonus antlerless deer available in each county. The proposed changes to the rules governing deer hunting will allow an individual to still take no more than one antlered deer during the regular deer seasons combined, as is allowed now, but it will also allow them to purchase up to six additional multiple season antlerless deer licenses to take antlerless deer in any of the regular deer seasons (e.g., archery, firearms, and muzzleloader). This is not expected to create a significant change in revenue for the department since there are fewer than 70 individuals that currently take more than seven deer during a regular deer season each year. There are very few, if any, individuals who take the permitted six antlerless deer under the current rules.

Currently, an emergency rule is authorized each year to establish the bonus antlerless deer bag limits per county and other limitations on properties where a bonus antlerless deer may not be taken. The proposed change would not affect military hunts, deer reduction zones, or other special licenses, so hunters will still be able to harvest additional deer if they desire.

The DNR asked a question about limiting the total number of antlerless deer that each hunter can harvest in Indiana to six antlerless deer in the 2022 Deer Management Survey, and there were 17,195 responses. Of those, 74% supported this to some degree (48% of those strongly supporting), 12% were neutral, and 14% opposed (7% opposing; 7% strongly opposing) this proposal.

312 IAC 9-3-2: Changing to the County Bonus Antlerless Quota to a County Antlerless Bag Limit

The DNR’s current bonus antlerless quota (CBAQ) structure is confusing for hunters. Currently, the number of antlerless deer a hunter can harvest in a county includes bag limits for the season types as well as the county bonus antlerless limit. Because there are also individual bag limits for these seasons, hunters often struggle to determine how many antlerless deer they can harvest. Hunters can also make mistakes when purchasing licenses because they may be unaware of the bag limits for the seasons. Therefore, DNR proposes to change the CBAQ to a county antlerless bag limit that will provide a single number for how many antlerless deer can be harvested in a county, regardless of the equipment used to harvest the antlerless deer.

The DNR also asked a question about removing the “bonus” deer designation from rules in the 2022 Deer Management Survey, and there were 16,691 responses to this question. Of those, 64% of hunters supported this rule proposal (37% strongly supporting; 27% somewhat supporting), 24% were neutral, and 12% were opposed (6% opposing; 6% strongly opposing).

312 IAC 9-3-2: Prohibit hunters from harvesting antlerless deer on certain DNR properties with a firearm

Currently, hunters cannot use a bonus antlerless license or take a bonus antlerless deer on Fish & Wildlife areas as well as a few other properties (Mississinewa Lake, Salamonie Lake, Patoka Lake), which are authorized by emergency rule each year when the CBAQ is set. Because of HEA 1623, the DNR can no longer have an emergency rule to establish these county quotas or property limits. In a survey of deer hunters in 2022, hunters were asked their opinion of not allowing antlerless deer to be taken on Fish & Wildlife areas (FWAs) with a firearm. There were 16,478 responses to this question with 54% of hunters supporting this rule proposal (33% strongly supporting; 21% somewhat supporting), 29% were neutral, and 17% opposed this rule (9% strongly opposing; 8% somewhat opposing).

312 IAC 9-3-2: Replacement deer for deer harvested and determined to be unfit for consumption

The DNR proposes a rule that would allow a replacement deer to be taken if a deer that was legally taken and has meat that is unfit for human consumption under 312 IAC 9-3-2(bb). An individual taking a deer that is unfit for human consumption occurs often during deer season, with a peak during firearms season. Currently, department staff examines photographs, evaluates the meat condition based on observations by biologists and conservation officers, or both. A decision is made whether to allow a person to take another deer if the staff determines the deer is inedible based on department guidelines. If an individual is concerned with the condition of an antlerless deer, and there is evidence of systemic infection, department staff allow the individual to take another antlerless deer on the current license used to hunt a deer. The only issue determined by the department is the usability of the meat to the individual. However, when an individual calls regarding the condition of a buck (antlered deer), there is often an issue regarding the desirability of the antlers to that individual. Department staff have found that some individuals who are dissatisfied with the antlers on their buck will call asking to be able to take another buck on their license if they can find something wrong with the carcass. Additionally, some individuals see this as another opportunity to take a second buck if the meat of the first buck is not edible and believe they will get two sets of antlers for the year. If department staff determines that a buck is unfit for human consumption, they are required to make arrangements to collect the antlers. The process is lengthened because the individual must decide if they are willing to live with the antlers, but not 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 an honest concern about the condition of the meat. Currently, department staff does not allow individuals who have shot a deer that is unfit for human consumption to keep the antlers. The change would allow DNR staff to offer to replace the meat with an antlerless deer privilege, making the response more uniform for the individual. This approach would replace the meat portion of the deer without needing to take away the antlers on the buck that was taken. If the department suspects a disease, such as bovine tuberculosis, department staff confiscate the whole deer and allow the individual to take another deer on that same license. This process is different from that described previously and will remain in place for a deer the department confiscates for disease reasons.

312 IAC 9-3-3: Allowing .40 caliber muzzleloaders during muzzleloader season

The DNR proposes allowing the use of a .40 caliber muzzleloader, which will allow more individuals to use equipment they currently use to hunt a deer. The deer program has received requests from hunters for this change. The DNR examined the muzzle velocity and energy and found than an example of a .40 caliber muzzleloader (CVA Paramount HTR) loaded to the recommended powder specifications with a 225 grain bullet is capable of a muzzle velocity of greater than 2,600 ft. per second with an energy of greater than 3,500 ft. lbs. At 200 yards, the velocity is still greater than 2,200 ft. per second with approximately 2,300 ft. lbs. of kinetic energy remaining. This is more than enough velocity and energy to kill a deer effectively at over 200 yards with an expanding bullet.

312 IAC 9-3-3: Clarifying two pistol calibers for deer hunting

The DNR proposes to change the language in 312 IAC 9-3-3 to correct 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.

312 IAC 9-3-3: Changing the dates for tree stands on public land in Deer Reduction Zones

The current rule that governs when tree stands can be placed and removed on public land does not account for areas where the deer season starts earlier and ends later on public land that is contained within a deer reduction zone. Therefore, the proposed rule change is to allow portable tree stands and ground blinds to be placed on DNR properties between noon on Sept. 1 and Feb. 8. Allowing an individual to set up a stand on Sept. 1 gives the individual time to set up the deer stand prior to the start of the reduction zone season on Sept. 15 and allows the individual to leave it in place on the property until after the season ends Jan. 31. Therefore, these additional dates are proposed to be added in subsection (g) for properties that are in a deer reduction zone.

312 IAC 9-3-3: Allow hunters to retrieve deer using thermal or infrared detectors

Over the past several years, hunters have asked if DNR would allow the use of thermal and infrared detectors to locate and retrieve dead deer. DNR examined this issue and found 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 is also consistent with IC 14-22-6-16, which prohibits the use of unmanned aerial vehicles to aid in hunting but allows their use to retrieve a dead wild animal. Therefore, DNR proposes to change this rule to allow the use of this thermal or infrared detectors to retrieve dead deer (but not be used when hunting deer).

312 IAC 9-3-4: Allow youth hunters to take no more than one deer on specific public land

Currently, youth hunters are limited to taking only one antlerless deer on certain department properties during the youth deer season. This rule language has been established by emergency rule in recent years, but HEA 1623 prohibits the use of emergency rules for this purpose, and the DNR proposes to add this to the permanent rule language.

312 IAC 9-3-4: Removal of the ‘A’ designation for County Bonus Antlerless Quotas

The ‘A’ designation was historically used in counties to limit the harvest of bonus antlerless deer to the last half of firearms season. Recent deer population data has shown this is not necessary, especially with the switch from the CBAQ system to using a total antlerless bag limit to each county. All counties are proposed to have a normal antlerless bag limit of at least one deer, and this is not expected to change in the near future.

312 IAC 9-3-4: Adding the Deer Reduction Zones to rule language

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 a deer population in one part of a county to remain stable or increase while decreasing populations in another part of the same county. The approach coincides with the DNR’s current deer management plan 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, high deer use by mapping areas with high human density, or high rates of deer and vehicle collisions. Conflicts may include reports of deer damage by landowners, requests for deer damage permits, requests by community leaders, or calls for assistance through our district and urban biologists. The designation process results in two types of DRZs, traditional and corridors. Traditional DRZs are established near or around urban areas and encompass a community. DRZ corridors are created along portions of major roadways to specifically address high rates of deer and vehicle collisions.

The increased allowable antlerless take and lengthened deer reduction zone season means that the individuals who hunt deer can help address problem areas and potentially reduce the need for other measures, such as the use of deer damage permits. DRZs can increase hunting opportunities for deer in urban environments and help alleviate conflicts between humans and deer. 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 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.

312 IAC 9-3-4: Removing the bag limits for archery and muzzleloader licenses

The DNR proposes a rule change that would remove the season bag limits for deer taken with muzzleloader and archery license. Individuals would be able to take the number of antlerless deer allowed per county within the proposed new statewide antlerless bag limit using archery and muzzleloader licenses. Allowing an individual to take more than two antlerless deer on archery licenses and more than one antlerless deer on a muzzleloader license would reduce confusion over which license an individual is required to purchase, and how to check in a deer that is taken during a hunt. Much staff time and resources are taken up trying to explain the requirements of a license to an individual, and correcting an accidental mistake made when checking in a deer. This change will result in improved individual service, reduced staff time, and increased understanding the rules without making a change to the harvest.

312 IAC 9-3-2 and 312 IAC 9-3-4: Switching to an Antlerless Bag Limit for each county

Since 2017, county bonus antlerless quotas have been set on an annual basis by emergency rule to allow for changes each year. This is no longer an option under HEA 1623-2023; therefore, the county antlerless bag limits have been added to this rule. These county bag limits 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 online.
• 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 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 under which very few hunters (fewer than 10) would be affected by this new bag limit, and a number with which 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 limits even if it is available. The DNR has seen instances 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 for Steuben rather than a four or five, 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 County and Fayette County have a low county bag limit to offset the effects of EHD. The department proposes that the county bag limit be one beginning in 2024, and two 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 for Fayette County and four for Franklin County.

312 IAC 9-3-4 (h): Removing the Late Antlerless Firearm Season

Indiana currently has a firearms season for antlerless deer from Dec. 26 through the first Sunday in January of the next year in counties with a bonus antlerless quota of four or more deer. This rule was initially proposed to try to significantly increase the harvest of antlerless deer, but research on that season found that hunters harvested antlerless deer later in the season in counties where that season is in place. A survey of deer hunters in 2021 found that only 24% of hunters used the season in the previous year and 38% of hunters reported hunting that season in the previous five-year period (see the 2020 Deer Report). When asked what the general level of opposition or support was for that season, the DNR found that 43% of hunters were supportive to some degree, and 27% were opposed to some degree. Therefore, because of the split interest by hunters for this season, the low use by hunters, and its ineffectiveness at changing the deer harvest, the DNR proposes to remove this season.

The bobcat population has expanded during the last two decades, and the department is confident the population in the southern part of the state is sufficient to withstand a regulated harvest. Incidental takings have increased, with more than 130 mortalities reported annually since 2010, and the population continues to expand. There is an increase in the number of bobcats accidentally taken. Additionally, the number of landowners requesting a permit to take bobcats that are killing livestock and poultry increased from 14 in 2018 to 28 in 2023.

Illinois, Kentucky, Michigan, and Wisconsin currently have seasons to take bobcats. Additionally, the counties listed in the proposed permanent rule changes to be open for taking bobcats by trapping are the counties where the habitat analysis done by Purdue University shows good coverage of quality habitats that can support a healthy, self-sustaining bobcat population and coincides with regular documentation of bobcats in department records. The department is proposing to have an open bobcat season only in those counties where there is a healthy, reproductive population with habitats shown to be able to support the growing bobcat population. There are counties that have suitable habitats, but fewer documented bobcats. The department considers the counties where there are fewer documented bobcats to be emerging bobcat populations; therefore, the department is not currently proposing to open additional counties to trapping.

Figure 1 below shows all documented bobcats since 1970, including captures, trail cameras, roadkill, and public reports of bobcats that are confirmed from the Large Mammal Report (2015–2020) and confirmed or credible on the Report-A-Mammal website through March of 2024.

• Figure 1: Bobcat Records 2024

The Indiana DNR has several ways it understands and tracks bobcat populations from survey and research efforts. The public assists the department’s understanding of expanding bobcat populations into new counties by reporting bobcat sightings. Beginning in 2015, the online Large Mammal Report collected reports of bobcat sightings. The reports are reviewed by department staff and marked as “confirmed” or “unconfirmed”. Reports are confirmed by photographic or video evidence. Credible reports typically have details in the descriptions to support reliable identification.

The Archer’s Index is a population trend survey the department uses to monitor relative change in certain wildlife populations. Volunteer bowhunters sign up in advance and report the hours, the county, and each species observed while hunting during the October and early November archery season. The survey began in 1992. Average bobcat observations on the Archer’s Index have increased four times over the last thirty (30) years.

The department also has research from bobcats that were collared and tracked by capturing them in traps in the state during the late 1990s and early 2000s. Collaring occurred in the southern part of the state, primarily in Daviess, Greene, Lawrence, and Martin counties. Multiple aspects of bobcat life history were collected, including information about survival and mortality. That research found that Seventy-five percent of adult bobcats survive from one year to the next, and 95% of bobcats less than 2 years of age survived from one year to the next.

From this data, Purdue University also determined bobcat habitat selection and home range size from the collared bobcats. Adult, female bobcats need approximately 9 square miles to successfully raise their young. Male bobcats are not monogamous and do not pair with one female bobcat mate, so male bobcat home ranges typically overlap multiple female bobcat habitats and were an estimated 91 square miles. The home range numbers are representative of the time beginning in the early 2000s and ending in the mid-2000s when populations in the southern part of the state were still emerging and growing in many areas. The numbers are likely to shift as bobcat populations and densities change.

From this habitat and home range research, Purdue University developed a bobcat population model for the department. The population model simulates the life histories of bobcats and allows to department to determine a sustainable harvest level for bobcats in Indiana. The population model is conservative and assumes adult female bobcats do not raise young in habitats less than 9 square miles. The population model also assumes existing mortality sources remain at the same level and harvest mortality is added to those mortalities. This conservative model setup ensures the department can be confident that harvest levels are sustainable.

CWD is a fatal neurological disease that affects white-tailed deer. It is a member of a group of diseases called transmissible spongiform encephalopathies, or prion diseases. Other similar prion diseases in this group include mad cow disease and scrapie in sheep. CWD is spread through bodily fluids like feces, saliva, blood, or urine and is transmitted through direct contact or indirect contact through environmental contamination of soil, plants, food, or water. CWD can infect captive-bred deer and elk as well as wild deer. There is no cure for CWD, and no known treatment exists to prevent deer from getting or spreading CWD. The only test to confirm whether a deer is infected with CWD requires samples from the deer’s adrenal glands after the deer is killed. It is not currently possible to test live deer.

A fawn can be infected by the fawn’s mother, either through direct transmission before birth or soon after birth through the normal feeding and caring for the fawn. Fawns do not test positive until the fawn is alive and infected for at least six months. Therefore, it is not possible to determine if a fawn is infected with CWD at birth. A fawn that is infected with CWD that is raised with other fawns can infect the other fawns, and, if released into an area where CWD is not present, can then infect other deer for up to two and one half years after becoming infected, which spreads the disease to a new area.

Proposed in the rule package is a new rule defining a “chronic wasting disease positive area” in 312 IAC 9-1-5.2. Since it is likely that CWD may spread to other areas, the division wants to ensure that the CWD positive area includes not only a location where it has been confirmed, but also where it may likely occur based on the model. The CWD positive area is currently in LaGrange, Steuben, Dekalb, and Noble counties.

Also proposed is a definition of “non-releasable” in 312 IAC 9-1-11.2. This definition has been moved from 312 IAC 9-10-9 governing wild animal rehabilitation permits to the definitions section.

A new rule is proposed to be added in 312 IAC 9-2-17 to require sick, injured, or orphaned deer found in a CWD positive area to be given only to a permitted wildlife rehabilitator in that same county or to a wildlife rehabilitator in a CWD positive area.

Amendments have also been proposed to 312 IAC 9-10-9(q)(5) governing the wild animal rehabilitation permit to require that rehabilitators release deer obtained from a CWD positive area in a CWD positive area and if they reside in a CWD positive area, to release it within a CWD positive area. Additional technical and confirming changes have been made to the rule to meet the Indiana Rule Drafting Manual and conform to current practice and department administration needs. First, the proposed rule changes specify the requirements for the application in rule, including providing a copy of the applicant’s driver’s license or identification card, name and address, and the address where wild animals will be housed for rehabilitation, if the address is different from the applicant’s address. The changes also clarify the exam requirements for those who have held a wild animal rehabilitation permit for more than 10 years and have taken care of more than 12 wild animals. Additionally, the proposed rule adds a statement that provides the department with the ability to limit the number of wild animals a permit holder can possess if they do not meet the requirements set forth in the rule language. Finally, while the proposed rule was changed due to an outbreak of CWD, the department wishes to use the permanent rulemaking process to update the rule according to the current practices of the department as well as incorporate technical and drafting changes.