01-10-2005PIERCETON – Anyone who has driven along Robinson Lake Road or County Road 150S near Pierceton has probably seen the signs.
“Ban canned hunting.”
“Sportsmen don't hunt in a cage.”
The signs have been put up by several people who live near Midwest Woodlots, a hunting preserve on CR 150S run by Ken McIntosh, of Pierceton. In this case, the hunting preserve is a fenced-in area where deer, elk and fallow deer are released over a period of time for the purpose of hunting.
A group of neighbors recently asked the Kosciusko County Board of Zoning Appeals if the hunting preserve fits the rules for agricultural use of land. After studying the information, the staff determined that what McIntosh is doing “is a permitted use of agricultural land,” said Dan Richards, director of the Kosciusko County Area Plan Commission.
Remonstrators have asked that the Kosciusko County BZA review that ruling. The remonstrators believe the hunting preserve should be considered a commercial area instead of an agricultural area.
Warsaw Police Department Lt. Steve Adang filed the petition on behalf of the remonstrators.
Adang owns property adjacent to the hunting preserve. Repeated attempts to reach him for comment on this story were unsuccessful.
The case will be heard by the Kosciusko County BZA Tuesday morning. The meeting begins at 8:30 a.m., and this issue is the fourth item on the agenda.
About two years ago, McIntosh fenced 161 acres and started the hunting preserve. Of the 161 acres, McIntosh owns 47 acres and rents 114. He also rents approximately 3,000 acres of land for free-range hunting. There are 47 whitetail deer, 20 fallow deer and six elk within the confines of the fence.
Hunters pay McIntosh a set fee to stay at the preserve and hunt deer, elk and fallow deer.
As with all hunting preserves in Indiana, hunters must follow all rules set forth by the state. Deer hunters must have an Indiana hunting license, follow seasons and obey all rules listed by the Department of Natural Resources.
People can “lawfully hunt inside a fence as long as all state laws and regulations are followed,” said Steven Sellers of the Indiana Department of NAtural Resources.
According to Sellers, other than the rules for hunting, “there is no law in Indiana that deals with hunting preserves.”
For those hunting “exotic animals,” which are defined by the IDNR as any animal not native to Indiana, there are no set seasons or specified rules at the state level. However, McIntosh sets rules for the elk and fallow deer hunting at his preserve. While there is no set season, McIntosh does regulate the type of weapons used by hunters. At Midwest Woodlots, high-powered rifles are not allowed. Only muzzle loaders, shotguns and bows are used to hunt at this preserve. McIntosh said archery is the preferred way to hunt elk on the property, while shotguns or archery are used to hunt fallow deer.
One of the concerns that neighbors have voiced about the hunting preserve is safety.
“I owe it to my neighbors to be safe,” said McIntosh. “I owe them the insurance of safety.”
McIntosh said to ensure that safety, he sets specific rules for hunting within the preserve as well. The same rules must be followed both inside and outside the fence.
First, McIntosh has designated certain areas off limits for hunting or archery-only hunting.
“There are designated areas within the fence where no hunting is allowed,” said McIntosh. “I have never allowed a gun in certain areas of my property. There has never been a deer stand in the fence row (since the preserve was started).”
No one with a firearm is allowed on the property without supervision.
“There has never been anyone with a firearm on my property without me or my guide on the property also. Never,” said McIntosh.
Also, people are not allowed to walk the property with a loaded gun.
“There has never been someone walking on my property with a loaded gun without me,” said McIntosh. “I take the hunters to the (deer) stand, and once they are there, they are not allowed to move once they are there.”
If a hunter shoots an animal, he is not allowed to leave the deer stand until McIntosh arrives at the area. “There is no hunting allowed without being in a stand or without me or my guide,” he said.
McIntosh also said there were more shots fired in the area before the fence was built than after.
“The first season with the fence, one shot was fired within the fence,” said McIntosh. “In 2004, 10 shots were fired, and I fired one of those. Before I had the fence, there were several hundred shots fired when we went rabbit hunting, dove hunting, deer hunting and pheasant hunting.”
Another concern sometimes pointed toward hunting preserves is that hunters are shooting tame animals.
According to McIntosh, the animals at his preserve are raised but not tame. He also is not allowed to sell individual deer. This season there were 22 hunters at the preserve. Of those, 18 have bagged animals. Since the operation started, one elk, three fallow deer and 14 deer have been harvested.
“In the state of Indiana, we are not allowed to sell individual deer or sell deer by its size,” said McIntosh. “We are also not allowed to charge trophy fees like Ohio, Michigan and Illinois.”
Some remonstrators also fear the spread of disease within the hunting preserve.
“The deer are tested when they go in, and there is only one way out,” McIntosh said.
McIntosh said the deer are tested for tuberculosis and monitored for Chronic Wasting Disease.
“The State Board of Health does not require me to to test for TB, but I test anyway,” he said. “I am also CWD monitored. I do a lot of things to make sure the animals are healthy.”
Every deer over six months of age that dies at the preserve must be tested for CWD. A portion of every deer that is harvested must be sent to the state to be tested. There is no way to test a live deer for CWD.
And while the land is used as a hunting preserve, it is also farmed in the summer. This year 85 acres of the fenced area was used to grow corn, while the other 18 acres were used for alfalfa. Next year, beans will be grown where there was corn this year. The rest of the area is timbered.
“This land works very hard for the state ... and the county,” said McIntosh. “This helps bring money to the community. People who hunt here buy in-state licenses, arrows, food and plane tickets, among many other things. It brings travel dollars to the area.”
When asked why he wants to continue the hunting preserve, McIntosh answered, “I like to help people be successful and teach them.”