Hot off the Press DNR's assessment Coyote issue

[Tim Rose]

This is the DNR's Official Finacial Impact study to the NRC

TITLE 312 NATURAL RESOURCES COMMISSION

SMALL BUSINESS IMPACT STATEMENT
LSA Document #07-749
(Administrative Cause Number 07-196D)

Amends 312 IAC 9-3-12 to prohibit the sale and possession of coyotes taken outside the hunting and trapping season. Amends 312 IAC 9-3-14.5, which governs the taking and possession of coyotes to allow untanned hides and carcasses of coyotes to be possessed for no more than 20 days after the close of the season.

IC 4-22-2.1-5 Statement Concerning Rules Affecting Small Businesses

The Indiana Department of Natural Resources ("DNR") estimates that the proposed rule will not impose requirements or costs on small businesses.

[Tim Rose]

COST-BENEFIT ANALYSIS OF THE PROPOSED RULE OR AMENDMENT
LSA Document #07-749

Statement of Need

The proposed rules in this package from the Department of Natural Resources (DNR) govern the taking and possession of coyotes and their parts.

There is no federal or state statutory requirement for these rules.

Indiana Code 14-22-6-12 allows coyotes to be taken by persons who possess land or by persons authorized in writing by someone who possesses land. The predominant purpose of this statutory authorization was to allow farmers and other landowners the ability to eliminate nuisance coyotes throughout the year. IC 14-22-6-12 does not provide for the sale of those coyotes. The definition of "take" in IC 14-8-2-278 does not authorize the possession or sale of wild animals. Pursuant to 312 IAC 9-3-12, the season for hunting and trapping coyotes is from October 15 through March 15. Administrative rule 312 IAC 9-3-12 (c) presently states that coyotes cannot be possessed from April 5 through October 14 except to provide for their prompt disposal. The purpose for the present proposed rule amendment is to clarify the intent of the current rule’s provision requiring the prompt disposal of coyotes taken outside the hunting and trapping season The DNR’s interpretation of the words "prompt disposal" prohibits coyotes and their parts from being possessed if the coyote is taken outside the season. However, individuals have interpreted the current statute and rule that authorizes the taking of coyotes to authorize the sale of live coyotes as a means of “prompt disposal.” The DNR is proposing the present rule amendment, which will expressly require that coyotes taken from March 16 through October 14 be euthanized within 24 hours and prohibit their possession under any license as well as prohibit their transfer by sale, trade, barter, or gift.

Often, live coyotes trapped outside the season are sold for use in running enclosures where they are chased and often killed by dogs. There is no fair chase as the enclosures are designed to prevent the coyote’s escape. However, some coyotes do escape from these enclosures, creating problems for nearby landowners and possibly spreading diseases. These enclosures are currently operating illegally outside the coyote season in Indiana.

Coyotes are a wild animal protected by Indiana law and are the property of the people of Indiana (IC 14-22-1-1). They are also defined as a “Furbearing Mammal” in IC 14-8-2-108. Indiana Code 14-22-1-1(b) also requires the DNR to provide for the protection, care, management, survival, and regulation of wild animal populations. The mission of the DNR’s Division of Fish and Wildlife is to professionally manage Indiana's fish and wildlife for present and future generations, balancing ecological, recreational, and economic benefits. Furthermore, the DNR believes that regulated hunting, fishing and trapping are legitimate pursuits when conducted in fair chase.

The DNR believes that the sale of live coyotes promotes the commercialization and privatization of wild animals, which is contrary to the statutory mandate and the mission of the DNR. The DNR requires other wild animals such as raccoons and skunks that are taken by landowners and nuisance wild animal control companies as nuisance animals to be euthanized or released in the county of capture. Nuisance coyotes, like all other nuisance wild animals taken by landowners and nuisance wild animal control companies, should not be sold, but should be euthanized, not released where they can create problems for other landowners. Coyotes should also not be sold into enclosed running facilities to be chased and/or killed by dogs or to possibly escape.

Nuisance coyotes that are relocated to other areas can spread diseases as well as create problems for other landowners. Coyotes that are live-trapped and transported to another location always have the potential to move diseases. Coyotes can carry mange, distemper, Echinoccus (tapeworms), parvovirus, rabies and heartworm. Domestic animals (dogs) can be protected from contracting these diseases through vaccinations, but other species of wildlife can be affected. Echinoccus is native to coyotes and red foxes in the Midwest, but not in the southeast, and it could be transferred to southeastern states with coyotes that are sold on the live market. As a result of these disease concerns and population numbers, the importation of live coyotes into many other states is illegal. There is an incentive for individuals to sell live coyotes in violation of the laws of Indiana and other states that do not allow them to be imported because of the monetary value placed on the live coyotes.

Indiana Code (14-22-19-2) expressly authorizes coyotes that are taken lawfully during the season (Oct. 15 – March 15) to be sold live to licensed fur buyers. Indiana Administrative Code in 312 IAC 9-2-3 also allows any part or portion of a furbearing mammal to be sold. Furthermore, Indiana Code 14-22-20-2 requires a game breeder's license for a person to possess a coyote, or any other furbearing mammal, live outside the season and to sell and/or breed it. The person must apply for a game breeder license within 5 days after the close of the season (IC 14-22-20-2). Coyotes are furbearing mammals defined by law in IC 14-8-2-108. A person with a game breeder license can sell live coyotes and breed them throughout the year in accordance with the laws governing the game breeder license; the coyotes sold under a game breeder license must be obtained legally (such as live-trapped during the hunting and trapping season). The coyotes are housed in humane conditions and records are kept of the disposition of all of the animals. Coyote parts can also be possessed and sold. Coyotes can be chased at any time of year with dogs because coyotes can be taken at any time of year in IC 14-22-6-12 and chasing is included in the definition of take in IC 14-8-2-278.

There are approximately 4,000 licensed trappers, but the DNR does not know how many of these individuals trap coyotes out of season.

Several staff from the DNR met personally with the presidents of the Indiana State Trappers Association and Indiana Chapter of the Furtakers of America prior to presenting these rule changes to the Natural Resources Commission. The DNR also presented these rule proposals to a group of conservation organizations, including the Indiana Wildlife Federation, Sportsmen’s Roundtable, and Indiana Deer Hunter’s Association, prior to presenting them to the Natural Resources Commission. The DNR has also corresponded individually with the presidents of the Indiana State Trappers Association and Indiana Chapter of the Furtakers of America, as well as to other trappers, regarding these rule proposals.

Evaluation of Benefits and Costs

There is no economic benefit to the DNR or to trappers with this rule change. There is also no cost to the DNR as a result of these rule changes. However, an indirect cost of this rule amendment is that trappers who live-trap coyotes outside the season will no longer be able to sell these live coyotes. Trappers currently make approximately $50-75 per coyote when sold live. However, the trapper must take time and money to transport, house and feed these animals until sold.

There are approximately three (3) small businesses in Indiana that may be indirectly affected by this rule change. These small businesses operate facilities where coyotes are put in running enclosures and individuals pay a fee to allow their dogs to chase, and often times kill, the coyotes within the enclosure. These facilities can still obtain coyotes because Indiana statute expressly authorizes the sale of live coyotes taken during the coyote hunting and trapping season (October 15 through March 15) and by licensed game breeders anytime of year. They are allowed to operate during the hunting and trapping season for coyotes. Individuals who operate these enclosures pay anywhere from $50-100 for each live coyote.

The rule requiring all coyotes that are taken outside the season to be euthanized is needed because the current rule requiring “prompt disposal” is being mis-interpreted. It is critical that an administrative rule be interpreted the same by all DNR conservation officers and be clear to trappers. Educational efforts to stop the sale of these coyotes will not be successful because of the monetary value of the live coyote. The DNR believes that allowing the killing, not the selling, of nuisance coyotes was the original intent of IC 14-22-6-12 that allows nuisance coyotes to be taken at any time of year.

The alternatives would be to not propose this change, and continue with the rule as is currently written, or to specifically allow for the possession and sale of these coyotes. The DNR does not believe that nuisance coyotes taken outside the hunting and trapping season should be sold; other wild animals taken under the authority of the nuisance wild animal control permit (312 IAC 9-10-12b) or by landowners cannot be sold. Furthermore, many of these coyotes that are sold live are not being sold legally. Many states already ban the importation of live coyotes, and there are permits required by the DNR to possess a live coyote outside the season.

One concern that some landowners have with this rule proposal is that by not allowing the coyote to be sold when trapped outside the season, there will be no incentive for trappers to provide assistance in removing nuisance coyotes. However, nuisance coyotes can already be taken under a free nuisance wild animal control permit available from the DNR Division of Fish and Wildlife, and landowners and those with written permission from the landowner can still kill a nuisance coyote at any time of year without a special permit. Legal methods must be used. Coyotes and other wild animals taken under the nuisance wild animal control permit cannot be sold, but must be euthanized or released in the county of capture.

The DNR also consulted with law enforcement agencies and wildlife management agencies from other states on this issue. They are supportive of the changes to Indiana’s law, since many of the coyotes shipped to these other states have come from Indiana.

In conclusion, the DNR believes that the benefits of clarifying an existing law, preventing the spread of disease, and reducing the number of coyotes that are chased in enclosures (with no fair chase) outweigh the monetary benefits derived from trappers from selling these coyotes taken outside the season

Examination of Alternatives

The DNR has the statutory authority to provide for the protection, reproduction, care, management, survival, and regulation of wild animal populations in IC 14-22-2-3. Furthermore, the DNR has the statutory authority to adopt rules to establish the methods, means and time of taking, chasing and selling wild animals as specified at IC 14-22-2-6 and establish other rules to properly manage wild animals as authorized by IC 14-22-2-6 and IC 14-10-2-4.

The DNR believes all coyotes taken outside the hunting and trapping season should be euthanized, and that this is currently required under the law. However, many trappers do not believe that this is required due to the mis-interpretation of the current rule language. These individuals believe that once a wild animal is taken, they can do anything they want with it.

Alternatives to this rule proposal would be to allow trappers to possess coyotes for a limited amount of time and sell them, regardless of when the coyote was taken.

The proposed rule amendment will not hamper the ability of a landowner to take nuisance coyotes or for a landowner to grant to another person the authority to take nuisance coyotes from the landowner’s property.

Enforcement of a violation of any of these rule changes can vary. Violations of this rule is, and will remain, a Class C misdemeanor and punishable by a fine and/or imprisonment.

Independent Verification or Studies

The number of trappers was obtained from the number of trapping licenses sold last year by the DNR, in addition to the number of lifetime trapping licenses sold by the DNR in previous years.

The amount of money paid by the operator of a running enclosure to a trapper for a live coyote was obtained from verbal communication with a trapper who currently sells live coyotes for that purpose. Additional information obtained for the benefits are based on information supplied by the DNR's conservation officers.

Sources

Sources of information for determining costs and benefits were obtained from the DNR’s furbearer biologist and conservation officers.

[Tim Rose]

FISCAL IMPACTS
LSA Document #07-749
(Administrative Cause No. 07-196D)

Digest of Proposed Rule: 312 IAC 9-3-12

This rule change removes the subsection that states when a coyote can be possessed. This provision has been modified and incorporated into another rule (312 IAC 9-3-14.5) to clarify the original intent. Currently, this subsection is confusing to trappers and law enforcement officers because it does not specify that it is the untanned hide and carcass of the animal that cannot be kept outside these dates, neither does it provide the option for individuals to legally keep a live coyote taken during the hunting and trapping season outside of the season under a game breeder’s license or wild animal possession permit.

Another change clarifies that coyotes taken outside the hunting and trapping season must be euthanized and cannot be sold, traded, bartered or gifted.

Effective Date of Proposed rules

Thirty days after publishing.

Narrative discussion of fiscal impact

There is not expected to be any fiscal impact as a result of these rule changes. There is no change in the rule to allow a person to take a coyote outside the legal hunting and trapping season; the proposed changes simply clarify that prompt disposal (currently in the rule) means that coyotes taken outside the season must be euthanized and cannot be sold live or possessed under any other license, sold, traded, bartered, or gifted.

There is no change in the legal possession of an untanned hide and carcass of a coyote that is taken during the season. The rule in 312 IAC 9-3-14.5 clarifies what is meant by these dates for all furbearing mammals, including coyotes.

There will be no new licenses or permits purchased and no expenditures will be made as a result of this rule.

Estimate of Revenue affected by proposed rules

None.

Estimation of expenditures affected by proposed rules

None.

Estimated fiscal impact of proposed rule

None.
_________________________________________________________________________________

Digest of Proposed Rule: 312 IAC 9-3-14.5

This change adds coyotes to the list of furbearing mammals to specify that the untanned hide and carcass of coyotes taken during the hunting and trapping season can be possessed for no more than 20 days after the close of the season, as is currently allowed. This provision is currently found in the administrative rule governing coyotes (312 IAC 9-3-12), and the possession dates are still the same.



Effective Date of Proposed rules

Thirty days after publishing.

Narrative discussion of fiscal impact

There will be no fiscal impact as a result of this rule change. There will be no new licenses or permits purchased and no expenditures will be made as a result of this rule.

Estimate of Revenue affected by proposed rules

None.

Estimation of expenditures affected by proposed rules

None.

Estimated fiscal impact of proposed rule

None.

[Tim Rose]

IC 4-22-2-24(d)(3) JUSTIFICATION STATEMENT
LSA Document #07-749
(Administrative Cause No. 07-196D)



Amends 312 IAC 9-3-12 to prohibit the sale and possession of coyotes taken outside the hunting and trapping season. Amends 312 IAC 9-3-14.5 which governs the taking and possession of coyotes to allow untanned hides and carcasses of coyotes to be possessed for no more than 20 days after the close of the season.

The proposed rule amendments would not impose requirements or costs under IC 4-22-2-24(d)(3).

[rivertrapper316]

The DNR said......

There will be no fiscal impact as a result of this rule change.

$ 500.00 per year in trapping supplies I will not be buying .
$50 to $100 per week in dog food from wall mart I will not be buying.
$200 to $300 in gas per week I will not be buying.
$100 per week in veternarien medison I will not be buying.
$_-_-_-_ - _ in yearly income ( nun of the DNR’s business) I will not have to spend in my local community .


No there is No fiscal impact is there.

[Chucker]

Good post Jeff!

[yoteskinner]

Ain't any money in it for the DNR. Plain and simple.

[gameboy]

I really don't know what to think of our DNR anymore. I was talking to a farmer that I have permission to trap on. He also supplies myself and family members 6 to 8 hogs every year for out family butchering get together. He told me yesterday that he just barely had enough to supply us this year due to some type of new vulture comming in and eating the piglets as they were being born. He does not use confinement but free ranges his breeding stock. He was told by the DNR at first that he could not shoot them. Then he was told to send $100 for a permit and then it wasn't guaranteed he would get a permit. I couldn't believe it. Finally after losing a bunch of pigs he was told he could shoot only 3! How many people feel we need those new breed of buzzards protected in the state of Indiana? I remember hearing of someone in Mauckport having problems with them concerning there cattle and got the same treatment. Wow! Can't sell a live coyote and can't protect your farm animals from a da#n buzzard that doesn't even belong here.

[DaveM]

I have been real busy and just now got a chance to read this.
My oh my, I better read it again tomorrow before I post.

[wayne]

It might be a good idea if the live market guys sent some kind of financial statement to the members of the NRC showing just what kind of impact this WILL have on trappers. Try to call the DNR on this.
On the Buzzards, I have been seeing a different bird from time to time. Looks and flys like a Turkey Vulture but has a dark head.

[gameboy]

That's probably them Wayne. The guy I'm talking about said they kinda looked like a great big crow. Black feathers all the way to the beak.

[tonymalone]

i haven't seen any rite here around us , but they say about 100 miles or so north west of here started getting them a few years ago, reports of em eating the back end out of cows when calfeing, and eat the eyes out of new born calfs. sounds like a real bad deal .
anymore it seems like were getting more and more of critters we don't want, and less of what we do want.

[DaveM]

I think they are called black vultures.
I dont know about them first hand, but have heard they are bad news.

[doyleflory]

Shoot shovel shut up???

[firstwd]

Dave, the local CO told us he saw some in the county right about New Years.