312 IAC 10-5-11 - Prospecting in a nonnavigable waterway
Authority: IC 14-10-2-4; IC 14-28-1-5;
Affected: IC 14-28-1; IC 14-29-1; IC 14-22-34-12
Sec. 11.
(a) This
section governs prospecting in a nonnavigable waterway that is subject to IC
14-28-1 and this article.
(b)
Unless otherwise provided in this section, a person must not engage in
prospecting in a nonnavigable waterway except as approved by the department in
a written license.
(c) Without a
written license or notice to the department, a person may engage in prospecting
in a nonnavigable waterway upon compliance with each of the following
conditions:
(1) Lawful ingress to and egress
from the waterway is obtained.
(2)
Written permission is obtained from the property owner or owners.
(3) Prospecting is performed exclusively by
one (1) or a combination of the following processes:
(A) Without the use of equipment.
(B) With the use of nonmotorized equipment,
such as a pan, sluice box, or pick and shovel.
(C) With the use of suction equipment,
including motorized equipment, having a hand-operated nozzle that has an
opening not larger than five (5) inches in diameter.
(4) No mercury or other chemicals are used to
assist with the recovery of hard mineral resources.
(5) Activities occur exclusively between
sunrise and sunset.
(6) No mussels
are taken as prescribed by
312 IAC 9-9-3.
(7) No endangered species are taken as
prescribed by IC 14-22-34-12.
(d) In addition to the waterways disqualified
by
312 IAC
6-5-10(d), the following waterways do
not qualify for prospecting under subsection (c):
(1) Cedar Creek in Allen County and Dekalb
County from river mile 13.7 to the confluence with the St. Joseph
River.
(2) Galien River in LaPorte
County and its tributaries.
(3)
North Fork of Wildcat Creek in Tippecanoe County and Carroll County from river
mile 43.11 to river mile 4.82 and the South Fork of Wildcat Creek in Tippecanoe
County from river mile 10.21 to river mile 0.00.
(4) Trail Creek in LaPorte County and its
tributaries.
(5) Tributaries of the
East Branch of the Little Calumet River.
(6) Tributaries of the St. Joseph River that
have their confluences downstream of the Twin Branch Dam in
Mishawaka.
(e) Nothing
in this section is intended to modify the rights of riparian owners.
Notes
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