312 IAC 6-5-10 - Prospecting in a navigable waterway
Authority: IC 14-10-2-4; IC 14-28-1-5; IC 14-29-1-8
Affected: IC 14-22-34-12; IC 14-28-1; IC 14-29-1; IC 14-29-3
Sec. 10.
(a) This
section governs prospecting in a navigable waterway that is subject to IC
14-28-1, IC 14-29-1, or IC 14-29-3.
(b) Unless otherwise provided in this
section, a person must not engage in prospecting except as approved by the
department in a written license.
(c) Without a written license or notice to
the department, and except as provided in subsection (d), a person may engage
in prospecting within the ordinary high watermark of a navigable waterway upon
compliance with each of the following conditions:
(1) Lawful ingress to and egress from the
navigable waterway is obtained.
(2)
Written permission is obtained from any affected riparian owner.
(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) The following waterways do not qualify
for prospecting under subsection (c) or under
312 IAC
10-5-11(c):
(1) Big Blue River in Harrison County,
Crawford County, and Washington County from river mile 57.2 downstream to river
mile 11.5.
(2) The East Branch of
the Little Calumet River in Porter County.
(3) Lake Michigan.
(4) The Portage Burns Waterway in Porter
County.
(5) St. Joseph River in St.
Joseph County from the Twin Branch Dam in Mishawaka downstream to the Michigan
State Line.
(e) Nothing
in this section is intended to modify the rights of riparian owners.
Notes
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No prior version found.