Indiana Department of Natural Resources Procedures, Guidelines, and Evaluation of Appropriate Conservation and Ecological Techniques for Indiana Conservation.

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Presentation transcript:

Indiana Department of Natural Resources Procedures, Guidelines, and Evaluation of Appropriate Conservation and Ecological Techniques for Indiana Conservation Officers and Prosecuting Attorneys

First fish and wildlife laws in Indiana  1849: Greene County made it illegal to poison fish.  1857: Introduction of closed season on deer, wild turkey, quail, pheasant and prairie chicken.  1867: Statewide ban on seining, netting, trapping or shooting fish.  1871: Law passed banning putting poisonous materials in water in order to kill or injure fish.  1873: Law protecting songbirds was passed.  1877: Seasons set for duck and woodcock.  1881: Legislature created the Office of Commissioner of Fisheries.  1889: County Road Supervisors given authority to enforce fish and game laws (first Conservation Officers).  1897: Legislature gave commissioner the power to appoint at least one deputy in every county. Deputies had no salary, but received $10 from each conviction.  1901: First time hunting license was required. Deputies given $60 a month salary.  1903: Commissioner recommended that license fees be used to pay deputies to do away w/ the "commission upon conviction" system. He stated that deputies would often "entice persons to violate the law to get fees."  1911: Act was passed establishing game wardens. Salary was $75 a month. Within a decade, Indiana wardens were averaging 55 arrests apiece, which set a national record.

Title 14 - Natural Resources and Criminal Penalties  IC Penalties for Fish and Wildlife (a) Except as otherwise provided in this article and subject to subsection (b), a person who violates this article commits a Class C infraction (b) Except as otherwise provided in this article, a person who knowingly or intentionally violates this article commits a Class C misdemeanor (c) A person may not be charged with both:  a Class C misdemeanor; and  a Class C infraction

Title 14 - Natural Resources and Criminal Penalties  Examples  IC Spotlighting  IC Hunting on Public Highways  Current: Class C misdemeanor  SEA 52: Class C infraction; Class C misdemeanor, if knowingly or intentionally  SEA 52: Can’t file both Class C infraction and Class C misdemeanor  IC Taking a Deer or Wild Turkey  Current: Class B misdemeanor; Class A misdemeanor, if prior  SEA 52: Still Class B misdemeanor; Class A misdemeanor, if prior

Title 14 -Natural Resources and Criminal Penalties  IC Illegal Taking of Deer or Wild Turkey  Changes the ($500) reimbursement fee (($1000) for priors) from the court “shall” to the court “may” order  SEA 52 does not amend IC (Operating a Motorboat While Intoxicated)  SEA 52 does not amend offense levels for IC (Off-Road Vehicles)  SEA 52 does not amend IC (Ginseng)