Deer-hunting season in jeopardy after wildlife group seeks to halt emergency rule

As hunters prepare for Saturday's start of deer season, an animal welfare group has asked a judge to put a stop to rifle-hunting on public land.

The Center for Wildlife Ethics is asking the LaPorte Circuit Court to throw out a state agency's rule that would have allowed rifle-hunting in state and federal forests.

The Indiana Department of Natural Resources issued the emergency rule on Nov. 3 as a way to fix what some described as a mistake in a recently passed state law that banned rifles in public forests.

"I'm concerned that the DNR can subvert the legislature," Laura Nirenberg, an attorney for the Center, told IndyStar. "They are exceeding their statutory authority."

DNR spokesman Marty Benson said the agency believes it took appropriate action "and we stand behind it."

Benson declined further comment.

The DNR announced earlier this month that it had passed an emergency rule reversing a recently passed state law that banned rifle-hunting on all public land.

The DNR rule change allowed hunting to continue as it had in the past with the lower-powered, pistol-caliber rifles cleared for use in public forests. The rule change would allow the use of .357 diameter or larger rounds with a case length of 1.16 to 1.8 inches.

The sponsor of the legislation that caused the brouhaha, Rep. Sean Eberhart, R-Shelbyville, has said the rifle-hunting ban was a mistake that slipped by lawmakers.

The law was meant to clarify rules regarding the use of high-powered ammunition on private property, but Eberhart told the Associated Press the language in his bill inadvertently restricted all rifles to private property only.

Eberhart said he would sponsor a new bill that fixes the mistake, when Indiana lawmakers return in January.

In its complaint filed Thursday, the Center for Wildlife Ethics argues that the ban on rifles in public forests is a "clear legislative mandate."

The DNR's rule-making authority, the group argues, doesn't give it the power to unravel state law.

They want the judge to throw out the DNR rule, which would mean Indiana hunters could only legally use muzzleloaders, shotguns or handguns to hunt deer on public land, when the season starts Saturday.

Judge Thomas J. Alevizos had not ruled on the measure by early Friday morning. 

Rifle fix:DNR: Deer hunters again free to fire rifles on public land

Mistake:Error puts crimp in Indiana deer hunting season

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Call IndyStar reporter Vic Ryckaert at (317) 444-2701. Follow him on Twitter: @VicRyc.