Section 312 IAC 10-5-11 - Prospecting in a nonnavigable waterwayAuthority: 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.Natural Resources Commission; 312 IAC 10-5-11; filed Nov 3, 2009, 3:35 p.m.: 20091202-IR-312090080FRAReadopted filed 9/22/2014, 12:34 p.m.: 20141022-IR-312140065RFAReadopted filed 9/16/2020, 8:17 a.m.: 20201014-IR-312200345RFA