TITLE 312 NATURAL RESOURCES COMMISSION
Final Rule
LSA Document #17-262(F)
DIGEST
Authority:
IC 14-22-2-6
Sec. 3.2. "Aquatic life" means all fish, reptiles, amphibians, mollusks, crustaceans, and any other animal that the department identifies after consultation with a biologist, zoologist, or other wildlife expert.
(Natural Resources Commission; 312 IAC 9-1-3.2; filed Oct 24, 2017, 8:46 a.m.: 20171122-IR-312170262FRA)
312 IAC 9-6-1 Definitions pertaining to fish and fishing activities
Authority:
IC 14-10-2-4;
IC 14-22-2-6
Sec. 1. In addition to the definitions in
312 IAC 9-1, the following definitions apply throughout this rule and
312 IAC 9-7 through
312 IAC 9-10:
(1) "Alewife" means the species Alosa pseudoharengus.
(2) "American eel" means the species Anguilla rostrata.
(3) "Aquarium pet trade" means the business of importing, producing, or selling live fish for display in:
(A) aquariums;
(B) tanks; or
(C) other continuing exhibits.
(4) "Artificial lure" means a man-made object used to attract fish with attached single-prong or multiple-prong hooks, excluding bait as defined in this rule.
(5) "Asian carp" means the following:
(A) Bighead carp.
(B) Black carp.
(C) Grass carp.
(D) Silver carp.
(6) "Atlantic salmon" means the species Salmo salar.
(7) "Bait" means the following:
(A) Natural fish food including bait fish, crayfish, frogs permitted as bait, grubs, insects, larvae, worms, salmon eggs, cheese, corn, and other food substances not containing any ingredient to stupefy, injure, or kill fish.
(B) Any substance designed to attract fish by taste or scent including dough bait, putty or paste-type bait, and any fly or lure or bait containing or used with such substances.
(C) Soft plastic bait (unscented) including synthetic eggs, synthetic worms, synthetic grubs, and soft plastic lures.
(8) "Bar mesh" means the length of one (1) side of the square mesh measure or as measured between two (2) knots on the same line.
(9) "Bighead carp" means the species Hypophthalmichthys nobilis.
(10) "Black bass" means the following species:
(A) Largemouth bass.
(B) Smallmouth bass.
(C) Spotted bass.
(11) "Black bullhead" means the species Ictalurus melas.
(12) "Black carp" means the species Mylopharyngodon piceus.
(13) "Black crappie" means the species Pomoxis nigromaculatus.
(14) "Bloater" means the species Coregonus hoyi.
(15) "Blue catfish" means the species Ictalurus furcatus.
(16) "Bluegill" means the species Lepomis macrochirus.
(17) "Bluntnose minnow" means the species Pimephales notatus.
(18) "Bowfin" means the species Amia calva.
(19) "Brook trout" means the species Salvelinus fontinalis.
(20) "Brown bullhead" means the species Ictalurus nebulosus.
(21) "Brown trout" means the species Salmo trutta.
(22) "Buffalo" means the genus Ictiobus.
(23) "Bullhead" means the following species:
(A) Black bullhead.
(B) Brown bullhead.
(C) Yellow bullhead.
(24) "Burbot" means the species Lota lota.
(25) "Carp" means the species Cyprinus carpio.
(26) "Cast net" means a net:
(A) not more than twenty (20) feet in diameter; and
(B) having stretch mesh not larger than three-fourths (3/4) inch; or
(C) having stretch mesh not larger than two (2) inches if used only on the waters listed in section 8(b)(1) of this rule.
(27) "Cavefish" means a fish of the family Amblyopsidae.
(28) "Chain pickerel" means the species Esox niger.
(29) "Channel catfish" means the species Ictalurus punctatus.
(30) "Chinook salmon" means the species Oncorhynchus tshawytscha.
(31) "Chub" means the following species:
(A) Bloater.
(B) Kiyi.
(32) "Cisco" means the species Coregonus artedii.
(33) "Closed aquaculture system" means a rearing facility designed to prevent the escape of cultured organisms to the wild.
(34) "Coho salmon" means the species Oncorhynchus kisutch.
(35) "Crappie" means the following:
(A) White crappie.
(B) Black crappie.
(36) "Dip net" means a dip net:
(A) not exceeding three (3) feet square;
(B) without sides or walls; and
(C) having stretch mesh not larger than one-half (1/2) inch.
(37) "Diploid" means a cell or organism that has two (2) complete sets of chromosomes.
(38) "Exotic catfish" means a walking catfish or other member of the family Clariidae.
(39) "Exotic fish" means:
(A) an exotic catfish;
(B) a bighead carp;
(C) a black carp;
(D) a silver carp;
(E) a white perch;
(F) a snakehead;
(G) a rudd;
(H) a ruffe;
(I) a tubenose goby;
(J) a round goby;
(K) a stone moroko;
(L) a wels catfish;
(M) a zander; or
(N) a hybrid or genetically altered fish of any of these species.
(40) "Fathead minnow" means the species Pimephales promelas.
(41) "Flathead catfish" means the species Pylodictis olivaris.
(42) "Fly" means an artificial lure constructed of any material except bait, as defined in this rule, attached to a single-prong hook.
(43) "Freshwater drum" means the species Aplodinotus grunniens.
(44) "Gaff" or "gaff hook" means an implement:
(A) of metal or another hard or tough material;
(B) with or without barbs;
(C) making a single hook having a shank with or without a handle; and
(D) that may be hand held to seize, hold, or sustain fish.
(45) "Gar" means the genus Lepisosteus.
(46) "Genetically altered fish" means a fish that is the product of genetic manipulation, including polyploidy, gynogenesis, gene transfer, and hormonal sex control.
(47) "Gizzard shad" means the species Dorosoma cepedianum.
(48) "Golden shiner" means the species Notemigonus crysoleucas.
(49) "Goldfish" means the species Carassius auratus.
(50) "Grab hook" means a device or implement used as a tong to clutch, close down upon, or grasp fish.
(51) "Grass carp" means the species Ctenopharyngodon idella.
(52) "Green sunfish" means the species Lepomis cyanellus.
(53) "Hook" includes either single-prong or multiple-prong hooks. A multiple-prong hook or two (2) or more single-prong hooks employed to hold a single bait, as defined in this rule, shall be considered a single hook in counting the allowable total in use.
(54) "Hybrid striped bass" means the hybrid of striped bass and white bass.
(55) "Hybrid sunfish" means a hybrid of the genus Lepomis.
(56) "Kiyi" means the species Coregonus kiyi.
(57) "Lake herring" means the species Coregonus artedii.
(58) "Lake sturgeon" means the species Acipenser fulvescens.
(59) "Lake trout" means the species Salvelinus namaycush.
(60) "Lake whitefish" means the species Coregonus clupeaformis.
(61) "Largemouth bass" means the species Micropterus salmoides.
(62) "Minnow" means the following:
(A) Species of the minnow family Cyprinidae, except the following:
(i) Exotic species identified at
312 IAC 9-6-7. section 7 of this rule.
(ii) Endangered species identified at
312 IAC 9-6-9. section 9 of this rule.
(B) The following species:
(i) Sucker.
(ii) Brook stickleback (Culaea inconstans).
(iii) Gizzard shad.
(iv) Threadfin shad.
(v) Alewife.
(C) Notwithstanding
IC 14-22-16,
312 IAC 9-7-15, and
312 IAC 9-7-16, live gizzard shad, threadfin shad, and alewife may only be collected, used, possessed, sold, bartered, and disposed of in accordance with
312 IAC 9-6-8. section 8 of this rule.
(63) "Minnow seine" means a seine or net:
(A) not more than twelve (12) feet long and four (4) feet deep; and
(B) having stretch mesh not larger than one-half (1/2) inch.
(64) "Minnow trap" means a fish trapping device not exceeding twenty-four (24) inches long. The opening of the throat shall not exceed one (1) inch two (2) inches in diameter.
(65) "Mosquitofish" means the species Gambusia affinis.
(66) "Muskellunge" means the species Esox masquinongy.
(67) "Northern pike" means the species Esox lucius.
(68) "Paddlefish" means the species Polyodon spathula.
(69) "Pole" and "line" means fishing equipment held in the hand, including a cane pole, casting rod, spinning rod, fly rod, or ice fishing tackle commonly known as a tip-up but does not include snaring, trotlines, set lines, throw lines, limb lines, drop lines, or other tackle normally attached in a fixed position.
(70) "Quagga mussel" means the species Dreissena bugensis.
(71) "Rainbow trout" means the species Oncorhynchus mykiss.
(72) "Redear sunfish" means the species Lepomis microlophus.
(73) "Rock bass" means the species Ambloplites rupestris.
(74) "Round goby" mean the species Neogobius melanostomus.
(75) "Rudd" means the species Scardinius erythrophthalmus.
(76) "Ruffe" means the species Gymnocephalus cernuus.
(77) "Sauger" means the species Sander canadensis.
(78) "Saugeye" means the hybrid of walleye and sauger.
(79) "Shad" means the following genera:
(A) Alosa.
(B) Dorosoma.
(80) "Shovelnose sturgeon" means the species Scaphirhynchus platorynchus.
(81) "Silver carp" means the species Hypophthalmichthys molitrix.
(82) "Single hook" means a fishing hook consisting of the following:
(A) One (1) shank.
(B) One (1) point.
(83) "Smallmouth bass" means the species Micropterus dolomieui.
(84) "Smelt" means the genus Osmerus.
(85) "Snakehead" means all species of the family Channidae, including the following genera:
(A) Channa.
(B) Parachanna.
(86) "Sockeye salmon" means the species Oncorhynchus nerka.
(87) "Sport fish" means any of the following:
(A) Largemouth bass.
(B) Smallmouth bass.
(C) Spotted bass.
(D) Rock bass.
(E) White crappie.
(F) Black crappie.
(G) Walleye.
(H) Sauger.
(I) Saugeye.
(J) Striped bass.
(K) White bass.
(L) Hybrid striped bass.
(M) Yellow bass.
(N) Muskellunge.
(O) Tiger muskellunge.
(P) Northern pike.
(Q) Chain pickerel.
(R) Trout or salmon.
(88) "Spotted bass" means the species Micropterus punctulatus.
(89) "Steelhead" means the species Oncorhyncus mykiss.
(90) "Stone moroko" means the species Pseudorasbora parva.
(91) "Stretch mesh" means the extended distance or length between the extreme angles of a single mesh of net.
(92) "Striped bass" means the species Morone saxatilis.
(93) "Sucker" means the following genera:
(A) Carpiodes.
(B) Moxostoma.
(C) Hypentelium.
(D) Catostomus.
(E) Erimyzon.
(94) "Sunfish" means all species and hybrids of the genus Lepomis except endangered species identified at
312 IAC 9-6-9. section 9 of this rule.
(95) "Threadfin shad" means the species Dorosoma petenense.
(96) "Tiger muskellunge" means the hybrid of muskellunge and northern pike.
(97) "Tilapia" means all species of the genus Tilapia.
(98) "Triploid" means a cell or organism having three (3) haploid sets of chromosomes.
(99) "Trout or salmon" means the following:
(A) Lake trout.
(B) Coho salmon.
(C) Chinook salmon.
(D) Sockeye salmon.
(E) Brown trout.
(F) Steelhead (or rainbow trout).
(G) Brook trout.
(H) Atlantic salmon.
(100) "Tubenose goby" means the species Proterorhinus marmoratus.
(101) "Walleye" means the species Sander vitreus.
(102) "Warmouth" means the species Lepomis gulosus.
(103) "Wels catfish" means the species Silurus glanis.
(104) "White bass" means the species Morone chrysops.
(105) "White catfish" means the species Ictalurus catus.
(106) "White perch" means the species Morone americana.
(107) "White crappie" means the species Pomoxis annularis.
(108) "Yellow bass" means the species Morone mississippiensis.
(109) "Yellow bullhead" means the species Ictalurus natalis.
(110) "Yellow perch" means the species Perca flavescens.
(111) "Zander" means the species Sander lucioperca.
(112) "Zebra mussel" means the species Dreissena polymorpha.
312 IAC 9-6-5 Fishing gear left unattended or unidentified
Authority:
IC 14-22-2-6
Sec. 5. (a) Fishing gear not properly attended or identified which that is left in waters containing state-owned fish may be confiscated and destroyed by a conservation officer.
(b) A fish-holding basket, live box, live net, or any other structure in which aquatic life is contained or held and left unattended shall be plainly labeled with the name and address of the owner. This does not include live wells or other devices that hang over the side of a boat or are located within the boat.
(Natural Resources Commission; 312 IAC 9-6-5; filed May 12, 1997, 10:00 a.m.: 20 IR 2715; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; readopted filed May 20, 2014, 9:43 a.m.: 20140618-IR-312140017RFA; filed Oct 24, 2017, 8:46 a.m.: 20171122-IR-312170262FRA)
Authority:
IC 14-10-2-4;
IC 14-22-2-6
Sec. 6. An individual must not take or possess fish at any of the following locations:
(1) From April 1 through June 15 from the following:
(A) The confluence of the west branch and east branch of the Little Calumet River where it enters the Portage Burns Waterway (formerly known as Burns Ditch), in Porter County up the east branch to U.S. 20, excluding its tributaries.
(B) Trail Creek in LaPorte County from the Franklin Street Bridge in Michigan City upstream to U.S. 35, excluding its tributaries.
(2) (1) Within one hundred (100) feet above or below the Linde Dame (Prax Air) on the East Branch of the Little Calumet River within Porter County (northeast quarter of section 32, township 37 north, range 6 west).
(3) (2) From the East Race waterway in the city of South Bend in St. Joseph County.
(4) (3) From the St. Joseph River in St. Joseph County:
(A) within one hundred (100) feet of the entrance or exit of the East Race waterway;
(B) from the fish ladders located at the South Bend dam in the city of South Bend or the Downtown Mishawaka dam in the city of Mishawaka;
(C) within one hundred (100) feet of the entrances and exits of those fish ladders located at the South Bend dam or the Downtown Mishawaka dam; and
(D) while fishing from a boat within two hundred (200) feet downstream of the South Bend dam or downstream of the Downtown Mishawaka dam to the Main Street bridge in the city of Mishawaka.
(5) (4) From April 15 to the last Saturday in April from the following:
(A) The Pigeon River (and Pigeon Creek) in LaGrange County from the Steuben County line to County Road 410 East (Troxel's bridge), but excluding the impoundment known as the Mongo Mill Pond.
(B) Harding Run, Curtis Creek, Bloody Run, and Graveyard Run (tributaries of the Pigeon River) in LaGrange County.
(C) Turkey Creek north of County Road 100 South in LaGrange County.
(D) Rainbow Pit located in the Pigeon River Fish and Wildlife Area approximately one and one-tenth (1.1) miles east of Ontario in LaGrange County.
(E) Little Elkhart River in LaGrange and Elkhart counties.
(F) Rowe-Eden Ditch in LaGrange and Elkhart counties.
(G) Solomon Creek in Elkhart County.
(H) Cobus Creek in Elkhart County.
(I) Little Kankakee River in LaPorte County from County Road 800E upstream to Division Road.
(J) Spy Run within Franke Park in Allen County.
(K) Mississinewa River within the boundaries of the Randolph County Wildlife Management Area.
(L) Big Blue River within the boundaries of Wilbur Wright State Fish and Wildlife Area in Henry County.
(M) Jackson Creek upstream of Yellowwood Lake in Brown County.
(6) (5) On or along Trail Creek in Michigan City in LaPorte County from either of
these the following locations:
(A) Within one hundred (100) feet upstream (generally southeasterly) of the sea lamprey control barrier.
(B) From the sea lamprey control barrier downstream (generally northwesterly) to the Pottawatomie Country Club Golf Course property line, which is located adjacent to Springland Avenue.
Authority:
IC 14-10-2-4;
IC 14-22-2-6
Sec. 12. An individual must not gift fish listed in section 1 of this rule to another person whether taken in:
(1) Indiana;
(2) the boundary waters of this state; or
(3) another state and brought into Indiana;
knowingly or intentionally for the purpose of stocking a private lake for which customers pay for the opportunity to fish.
(Natural Resources Commission; 312 IAC 9-6-12; filed Oct 24, 2017, 8:46 a.m.: 20171122-IR-312170262FRA)
Authority:
IC 14-10-2-4;
IC 14-22-2-6
Sec. 3. (a) An individual must not take or possess a channel catfish, blue catfish, or flathead catfish from a river or stream unless the catfish is at least thirteen (13) inches long. Except as otherwise provided in subsection (d), this section, an individual may take or possess an unlimited number of channel catfish, blue catfish, or flathead catfish from a river or stream.
(b) Except as otherwise provided in subsections (c) and (d), an individual may must not take or possess not more than ten (10) catfish in aggregate of any size from a lake or reservoir per day.
(c) Notwithstanding subsection (b), an individual may take channel catfish from Turtle Creek Reservoir (Sullivan County) without regard to a bag limit.
(d) Notwithstanding subsections (a) through (c), an individual
may must not take
no more than one (1) each per day of a:
(1) channel catfish that is at least twenty-eight (28) inches long;
(2) blue catfish that is at least thirty-five (35) inches long; and
(3) flathead catfish that is at least thirty-five (35) inches longer; long;
from a river, stream, lake, or reservoir.
(e) Notwithstanding subsection (b), an individual must not take more than five (5) channel catfish from:
(1) Fidler Pond in Elkhart County;
(2) Failing Lake (also known as Gentian Lake) in Steuben County; and
(3) Flat Fork Creek Park Ponds A and B in Hamilton County.
(Natural Resources Commission; 312 IAC 9-7-3; filed May 12, 1997, 10:00 a.m.: 20 IR 2718; filed May 28, 1998, 5:14 p.m.: 21 IR 3721; filed Dec 26, 2001, 2:40 p.m.: 25 IR 1539; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Jul 6, 2010, 1:55 p.m.: 20100804-IR-312090616FRA; filed Mar 15, 2013, 2:33 p.m.: 20130410-IR-312120403FRA; readopted filed May 20, 2014, 9:43 a.m.: 20140618-IR-312140017RFA; filed Nov 4, 2015, 1:10 p.m.: 20151202-IR-312140510FRA; filed Oct 24, 2017, 8:46 a.m.: 20171122-IR-312170262FRA)
Authority:
IC 14-22-2-6
Sec. 5. (a) An individual must not take or possess a northern pike unless that northern pike is at least twenty (20) twenty-four (24) inches long.
(b) An individual may must not take or possess not more than three (3) northern pike per day, with no more than one (1) per day over thirty (30) inches long.
(c) Notwithstanding subsections (a) and (b), an individual must not take or possess more than six (6) northern pike per day of any size from Hamilton Lake in Steuben County, with no more than one (1) per day over thirty (30) inches long.
(Natural Resources Commission; 312 IAC 9-7-5; filed May 12, 1997, 10:00 a.m.: 20 IR 2718; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Jul 6, 2010, 1:55 p.m.: 20100804-IR-312090616FRA; readopted filed May 20, 2014, 9:43 a.m.: 20140618-IR-312140017RFA; filed Oct 24, 2017, 8:46 a.m.: 20171122-IR-312170262FRA)
Authority:
IC 14-10-2-4;
IC 14-22-2-6
Sec. 6. (a) Except as otherwise provided in this section or section 16(g) of this rule, an individual may take or possess not more than five (5) black bass in aggregate per day.
(b) An individual may take or possess not more than three (3) black bass from Lake Michigan in aggregate per day. An individual must not possess more than three (3) black bass in aggregate while fishing in or on Lake Michigan.
(c) Except as otherwise provided in this section, an individual must not take or possess a black bass except:
(1) if taken from rivers or streams in Posey, Vanderburgh, Warrick, Spencer, Perry, Crawford, Harrison, Floyd, Clark, Jefferson, Switzerland, Ohio, and Dearborn counties the black bass must be at least twelve (12) inches long;
(2) if taken from rivers or streams, except as stated in subdivision (1), the black bass must be greater than fifteen (15) inches long or less than twelve (12) inches long, with not more than two (2) being greater than fifteen (15) inches; or
(3) if taken from lakes or reservoirs (including Lake Michigan), the black bass must be at least fourteen (14) inches long.
(d) An individual may take or possess largemouth bass of any length in the following lakes:
(1) Brownstown Pit in Jackson County.
(2) Burdette Park Lakes in Vanderburgh County.
(3) Chandler Town Lake in Warrick County.
(4) Cypress Lake in Jackson County.
(5) Deming Park Lakes in Vigo County.
(6) Garvin Park Lake in Vanderburgh County.
(7) Glen Miller Pond in Wayne County.
(8) Hayswood Lake in Harrison County.
(9) Henry County Memorial Park Lake in Henry County.
(10) Hovey Lake in Posey County.
(11) Krannert Lake in Marion County.
(12) Lake Sullivan in Marion County.
(13) Ruster Lake in Marion County.
(14) Schnebelt Pond in Dearborn County.
(e) An individual must not take or possess a largemouth bass unless the largemouth bass is less than twelve (12) inches long or more than fifteen (15) inches long from the following designated lakes:
(1) Buffalo Trace Lake in Harrison County.
(2) Celina Lake in Perry County.
(3) Indian Lake in Perry County.
(4) Saddle Lake in Perry County.
(5) Shakamak State Park Lakes in Clay County, Greene County, and Sullivan County.
(6) Tipsaw Lake in Perry County.
(7) (2) Ferdinand State Forest Lake in Dubois County.
(8) (3) Montgomery City Park Lake in Daviess County.
(f) An individual may take or possess not more than one (1) largemouth bass from Turtle Creek Reservoir in Sullivan County. An individual must not take or possess a largemouth bass from Turtle Creek Reservoir unless the largemouth bass is at least twenty (20) inches long.
(g) An individual may take or possess not more than five (5) largemouth bass in aggregate per day from Patoka Lake in Orange, Crawford, and Dubois counties. An individual must not take or possess a largemouth bass from Patoka Lake unless the largemouth bass is at least fifteen (15) inches long.
(h) An individual must not take or possess a largemouth bass from Harden Lake in Parke County unless the largemouth bass is at least sixteen (16) inches long.
(i) An individual must not take or possess more than two (2) largemouth bass per day, and an individual must not take or possess a largemouth bass unless the largemouth bass is at least eighteen (18) inches long from the following designated waters:
(1) Tri-County State Fish and Wildlife Area.
(2) Robinson Lake in Whitley County and Kosciusko County.
(3) Ball Lake in Steuben County.
(4) Loon Pit at Blue Grass Fish and Wildlife Area in Warrick County.
(5) Bluegrass Pit at Blue Grass Fish and Wildlife Area in Warrick County.
(6) J. C. Murphey Lake at Willow Slough Fish and Wildlife Area in Newton County.
(7) Kunkel Lake in Wells County.
(8) Fidler Pond in Elkhart County.
(9) Failing Lake (also known as Gentian Lake) in Steuben County.
(10) Flat Fork Creek Park Ponds A and B in Hamilton County.
(j) An individual must not take or possess more than five (5) black bass in aggregate per day from the Blue River located in Crawford and Harrison counties and Big Long Lake in LaGrange County. Each black bass taken from the Blue River in Crawford and Harrison counties and Big Long Lake in LaGrange County must be less than twelve (12) inches long or more than fifteen (15) inches long but not more than two (2) per day can be taken that are longer than fifteen (15) inches.
(k) An individual may take or possess not more than one (1) black bass from Sugar Creek located in Parke, Montgomery, Boone, Clinton, and Tipton counties per day, and the black bass must be at least twenty (20) inches long.
(l) If this section prohibits an individual from taking or possessing a black bass from a specified water of the state, an individual must not possess a black bass of the prohibited class on or adjacent to the specified water of the state.
(Natural Resources Commission; 312 IAC 9-7-6; filed May 12, 1997, 10:00 a.m.: 20 IR 2718; filed May 28, 1998, 5:14 p.m.: 21 IR 3721; filed Dec 26, 2001, 2:40 p.m.: 25 IR 1539; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; filed Sep 23, 2004, 3:00 p.m.: 28 IR 549; filed Feb 27, 2007, 2:25 p.m.: 20070328-IR-312060262FRA; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Jul 6, 2010, 1:55 p.m.: 20100804-IR-312090616FRA; filed Apr 25, 2012, 3:48 p.m.: 20120523-IR-312110358FRA; errata filed Jun 4, 2012, 3:20 p.m.: 20120613-IR-312120283ACA; filed Sep 13, 2013, 3:02 p.m.: 20131009-IR-312120670FRA; readopted filed May 20, 2014, 9:43 a.m.: 20140618-IR-312140017RFA; filed Jun 15, 2015, 3:43 p.m.: 20150715-IR-312140453FRA; filed Oct 24, 2017, 8:46 a.m.: 20171122-IR-312170262FRA)
Authority:
IC 14-10-2-4;
IC 14-22-2-6
Sec. 13. (a) Except as provided in subsections (b) and (c), an individual must not take or possess a brook trout, rainbow trout, or brown trout from a stream or river except as follows:
(1) The trout is at least seven (7) inches long.
(2) Not more than five (5) trout are taken per day, of which not more than one (1) may be a brown trout.
(3) The trout are taken from the last Saturday of April after 6 a.m., local time, through December 31.
(4) If brown trout are taken from the East Fork of the Whitewater River downstream of Brookville Reservoir in Franklin County, the brown trout are at least eighteen (18) inches long.
(b) An individual may fish for brook trout, brown trout, lake trout, or rainbow trout from January 1 through April 14 on streams or rivers provided that all fish are released in accordance with
312 IAC 9-6-4.
(c) Notwithstanding subsection (a), an individual may fish for brook trout, brown trout, lake trout, or rainbow trout in the following streams and rivers in Elkhart County provided that all fish are released in accordance with
312 IAC 9-6-4:
(1) The Little Elkhart River from County Road 43 downstream to County Road 16, except for waters along Riverbend Park from County Road 16 upstream to the pedestrian footbridge.
(2) Solomon Creek from County Road 33 downstream to its confluence with the Elkhart River.
(3) Cobus Creek from Old U.S. 20 downstream to its confluence with the St. Joseph River.
An individual may use artificial lures and artificial flies. Fishing with live or natural baits, food products, or chemical attractants is prohibited.
(d) An individual may take and possess a trout or salmon from a lake only as follows:
(1) At any time of year.
(2) Not more than five (5) trout or salmon are taken per day, of which not more than one (1) may be a brown trout.
(3) The brown trout are at least eighteen (18) inches long if taken from Oliver Lake, Olin Lake, or Martin Lake in LaGrange County.
(e) An individual must not take or possess a trout or salmon taken from Lake Michigan or its tributaries unless
as follows:
(1) The fish is at least fourteen (14) inches long.
(2) Not more than five (5) trout and salmon are taken in aggregate under this subsection per day, of which not more than two (2) three (3) shall be lake trout.
(3) The individual possesses not more than a single day's bag limit identified in this subsection while fishing on Lake Michigan.
Exempted from this subsection, however, are trout or salmon taken from the St. Joseph River in St. Joseph and Elkhart counties and its tributaries upstream from the Twin Branch Dam.
(f) The areas closed to trout and salmon fishing under this section are in addition to areas closed to all fishing under
312 IAC 9-6-6.
312 IAC 9-7-14 Sunfish, crappie, and other species of fish
Authority:
IC 14-10-2-4;
IC 14-22-2-6
Sec. 14. (a) Except as otherwise provided in section 16(g) of this rule, an individual may take or possess not more than twenty-five (25) crappies per day and an unlimited number of yellow bass per day.
(b) A crappie taken at Dogwood Lake in Daviess County and Hardy Lake in Scott County must be at least nine (9) inches long.
(c) Except on the Ohio River, an individual may take or possess not more than twenty-five (25) redear sunfish per day.
(d) Except as provided in subsections (a), (b), (c), and (e), there is no bag limit, possession limit, or size limit for the following:
(1) Alewife.
(2) American eel.
(3) Bluegill.
(4) Bowfin.
(5) Buffalo.
(6) Bullhead.
(7) Carp.
(8) Chain pickerel.
(9) Chub.
(10) Cisco.
(11) Gar.
(12) Gizzard shad.
(13) Lake herring.
(14) Shad.
(15) Smelt.
(16) Sucker.
(17) Yellow bass.
(18) Redear sunfish.
(19) Crappie.
(b) (e) Notwithstanding
subsection subsections (a),
(c), and (d), an individual
may must not take
not or possess more than
the following:
(1) Twenty-five (25) of any combination of bluegill, redear sunfish, and crappie per day from J. C. Murphey Lake at Willow Slough Fish and Wildlife Area in Newton County.
(2) Fifteen (15) of any combination of bluegill, redear sunfish, and crappie per day from the following:
(A) Fidler Pond in Elkhart County.
(B) Failing Lake (also known as Gentian Lake) in Steuben County.
(C) Flat Fork Creek Park Ponds A and B in Hamilton County.
(c) (f) If a bowfin contains roe, the roe must remain intact and inside the body of the fish while on the body of water or adjacent to the water being fished, and until processing of the fish begins.
(d) (g) An individual must not:
(1) screen;
(2) wash;
(3) otherwise process;
(4) preserve;
(5) store;
(6) maintain possession;
(7) gift to any other individual;
(8) sell; or
(9) transport;
roe removed from a bowfin without a roe harvester's license issued under
312 IAC 9-8-7.
(Natural Resources Commission; 312 IAC 9-7-14; filed May 12, 1997, 10:00 a.m.: 20 IR 2720; filed May 28, 1998, 5:14 p.m.: 21 IR 3723; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; filed Feb 27, 2007, 2:25 p.m.: 20070328-IR-312060262FRA; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Jul 6, 2010, 1:55 p.m.: 20100804-IR-312090616FRA; filed Sep 13, 2013, 3:02 p.m.: 20131009-IR-312120670FRA; readopted filed May 20, 2014, 9:43 a.m.: 20140618-IR-312140017RFA; filed Oct 24, 2017, 8:46 a.m.: 20171122-IR-312170262FRA)
Authority:
IC 14-22-2-6
Sec. 15. (a) An individual may take minnows at any time during the year.
(b) An individual must not take minnows except by:
(1) a minnow trap;
(2) a dip net;
(3) a minnow seine;
(4) a cast net;
(5) lawful sport fishing methods provided in this rule; or
(6) methods authorized under a scientific purposes license under
312 IAC 9-10-6.
(c) An individual must not transport beyond the limits of this state more than one hundred (100) minnows in a twenty-four (24) hour period. This subsection does not apply to a person:
(1) engaged in commercially raising minnows in private waters for sale;
(d) A person must not sell minnows unless the person is issued a bait dealer's license under
IC 14-22-16.
(e) An individual must not use a cast net, seine, or any other device to collect minnows extending from a dam downstream five hundred (500) yards on:
(1) inland water; or
(2) the boundary waters of this state, except for the Ohio River.
(Natural Resources Commission; 312 IAC 9-7-15; filed May 12, 1997, 10:00 a.m.: 20 IR 2720; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Jul 6, 2010, 1:55 p.m.: 20100804-IR-312090616FRA; readopted filed May 20, 2014, 9:43 a.m.: 20140618-IR-312140017RFA; filed Oct 24, 2017, 8:46 a.m.: 20171122-IR-312170262FRA)
312 IAC 9-7-16 Sport fishing on the Ohio River
Authority:
IC 14-10-2-4;
IC 14-22-2-6
Sec. 16. (a) This section governs fishing on the Ohio River, excluding all bays and tributaries.
(b) An individual must not take fish except by any of the following:
(1) Fishing pole or hand line.
(2) Float fishing.
(3) Setlines:
(A) attached to:
(i) a tree limb;
(ii) a tree trunk;
(iii) a bank pole; or
(iv) the bank itself; and
(B) each bearing:
(i) one (1) single or multibarbed hook; and
(ii) at least one (1) legible tag with the name and address of the user or the individual's customer identification number issued by the department affixed to each setline.
(4) Not more than two (2) trotlines per individual. Each trotline shall:
(A) have not more than fifty (50) single or multibarbed baited hooks placed not closer together than eighteen (18) inches; All trotlines must
(B) be tended at least once every twenty-four (24) hours; and
(C) have at least one (1) legible tag affixed with the name and address of the user or the individual's customer identification number issued by the department.
(c) An individual may take an exempted species of fish as defined in
312 IAC 9-6-10 or any Asian carp, sucker, carp, gar, bowfin, buffalo, or shad by the methods prescribed in subsection (b) or according to the following methods:
(1) Long bow, including compound bow, or crossbow with an arrow having one (1) or more barbs and a line attached. An exempted species of fish without scales shall not be taken with bow and arrow or crossbow during nighttime hours (from one-half (1/2) hour after sunset until one-half (1/2) hour before sunrise).
(2) Gigging from February 1 through May 10 with any pronged or barbed instrument attached to the end of a rigid object. A person must not take fish by gigging from a boat or platform.
(3) Fish spear.
(4) Spear gun.
(5) Underwater spear.
(d) An individual must not take fish under this section by means of a hook dragged or jerked through the water with the intent to snag fish on contact.
(e) An individual must not take fish within two hundred (200) yards below any dam on the Ohio River except by fishing pole or hand line.
(f) An individual must not take minnows from the Ohio River except by:
(1) a minnow trap not to exceed three (3) feet long and eighteen (18) inches in diameter nor having a throat opening greater than one (1) inch in diameter;
(2) a dip net not to exceed three (3) feet in diameter;
(3) a minnow seine not to exceed thirty (30) feet long and six (6) feet deep nor having mesh size larger than one-fourth (1/4) inch bar mesh;
(4) a cast net; or
(5) lawful fishing methods provided in this section.
(g) An individual may take fish in the Ohio River only by sport fishing methods authorized under this section as follows:
| | | |
| | Daily Bag | Possession Limit | Size (Inches) |
| Bass (largemouth, smallmouth, and spotted) | 6 | 12 | 12 (except no size limit on spotted bass) |
| Bass (white, yellow, striped, and hybrids) | 30 | 60 | Not more than 4 fish can be 15 or longer |
| Rock bass | 15 | 30 | none |
| Walleye, sauger, and saugeye | 10 | 20 | none |
| Muskellunge and tiger muskellunge | 2 | 2 | 30 |
| Crappie | 30 | 60 | none |
| Catfish (blue, channel, and flathead) | none | none | 13 |
(h) An individual may, by means of a fish spear, gig, spear gun, bowfishing equipment, crossbow, or underwater spear, take an Asian carp, sucker, carp, gar, bowfin, buffalo, or shad.
(i) (h) Nothwithstanding subsection (g), an individual may take no more than one (1) each per day of a:
(1) channel catfish that is at least twenty-eight (28) inches long;
(2) blue catfish that is at least thirty-five (35) inches long; and
(3) flathead catfish that is at least thirty-five (35) inches longer. long.
(Natural Resources Commission; 312 IAC 9-7-16; filed May 12, 1997, 10:00 a.m.: 20 IR 2720; errata filed Nov 24, 1997, 4:30 p.m.: 21 IR 1347; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Aug 28, 2009, 3:39 p.m.: 20090923-IR-312080886FRA; filed Jul 6, 2010, 1:55 p.m.: 20100804-IR-312090616FRA; filed Feb 22, 2011, 1:13 p.m.: 20110323-IR-312100501FRA; filed Mar 15, 2013, 2:33 p.m.: 20130410-IR-312120403FRA; readopted filed May 20, 2014, 9:43 a.m.: 20140618-IR-312140017RFA; filed Nov 4, 2015, 1:10 p.m.: 20151202-IR-312140510FRA; filed Oct 24, 2017, 8:46 a.m.: 20171122-IR-312170262FRA)
312 IAC 9-8-1 General requirements and definitions
Authority:
IC 14-10-2-4;
IC 14-22-2-6
Sec. 1. (a) This rule applies to a person who is issued a commercial fishing license by the department.
(b) The following definitions apply throughout this rule:
(1) "Caviar" means the processed, salted, nonfertilized roe.
(2) "Commercial fishing gear" means all equipment associated with commercial fishing, including, but not limited to, the boat, all parts of the nets, traps, seines, trotlines, live boxes, anchors, and lead ropes used to capture or hold fish.
(2) (3) "Helper" means any individual who accompanies and assists a commercial fishing license holder or licensed roe harvester in the harvest, possession, transportation, or sale of fish.
(4) "Hoop net", also known as fyke net, trap net, or barrel net, means a barrel shaped net made of synthetic twine, cotton, linen, or nylon and supported by hoops. One (1) or more throats are attached inside the hoop structures to prevent escape of the fish. Hoops may be any shape and may be constructed of wood, metal, fiberglass, or plastic materials. Individual hoops must not be directly connected to or supported by other hoops with any rigid material, other than the mesh netting, so that the net has the ability to collapse. One (1) gear tag issued by the department must be attached.
(3) (5) "Roe" means the internal egg mass in an ovary or the female gametes, but not caviar.
(4) (6) "Roe-bearing species" means the following species:
(A) Shovelnose sturgeon.
(B) Paddlefish.
(C) Bowfin.
(5) (7) "Roe dealer" means a person who possesses a valid roe dealer's license issued under section 8 of this rule to purchase, process, transport, and sell roe.
(6) (8) "Roe harvester" means an individual who possesses a valid roe harvester's license issued under section 7 of this rule to harvest, possess, transport, begin processing, and sell, but not purchase, roe.
(9) "Screened eggs" means nonfertilized roe that has been screened and washed to remove fat and separate the eggs, but not salted.
(10) "Seine", for purposes of this rule, means a net in the water that is attended by individuals pulling it through the water for the entrapment of fish. A seine must have both float and lead lines and have wood, fiberglass, or metal poles attached to each end.
(11) "Slat trap", also known as basket trap or slat basket, means a commercial fishing device constructed entirely of wood or plastic, or both, slats in a boxlike or cylindrical shape. Slat traps may have no more than two (2) outside funnel openings. No wire or other mesh may be added to the trap. At least two (2) openings not less than one and one-fourth (1 1/4) inches wide must be located between the slats. These openings shall not be restricted by cross-bracings to a length shorter than eight (8) inches long. The trap shall be not larger than two (2) feet in diameter or square end measure. One (1) gear tag issued by the department must be attached to the open ring or square.
(c) A commercial fishing license holder, licensed roe harvester, or roe dealer who possesses or sells a fish described in this article must comply with
312 IAC 9-6-11. The bill of lading and the shipment must be made available upon request for inspection by a conservation officer.
(d) The department shall not issue a commercial fishing license, roe harvester's license, or roe dealer's license to an individual whose sport fishing, commercial fishing, roe dealer, or roe harvester license has been suspended or revoked, during the term of the suspension or revocation.
(e) A helper of a commercial fishing license holder or licensed roe harvester must:
(1) be in the same boat as the license holder while participating in commercial fishing or the harvesting of roe-bearing species on waters open to commercial fishing;
(2) only transport, carry, or ship lawfully harvested fish with a bill of lading in accordance with
312 IAC 9-6-11(a).
(f) A commercial fishing license holder or licensed roe harvester shall not allow an individual who has a sport fishing, commercial fishing, roe dealer, or roe harvester license suspended or revoked, either by a court or administrative process, in Indiana or any other jurisdiction, to serve as a helper during the term of the suspension or revocation.
(g) The cutting or mutilation of live roe-bearing species to check for eggs is prohibited except that a 10-gauge needle may be inserted into the abdomen between the pectoral and pelvic fins to determine the presence of eggs.
(h) A fish-holding basket, live box, live net, or any other structure in which aquatic life is contained or held and left unattended shall be plainly labeled with the name and address of the owner. This does not include live wells or other devices that hang over the side of a boat or are located within the boat.
(i) A person must not possess sport fishing gear, participate in any sport fishing activity (including, but not limited to, checking sport trotlines or poles), or possess fish caught with sport fishing gear while onboard a boat:
(1) from which commercial fishing gear is actively being set, retrieved, or transported;
(2) that is being transported to set or retrieve commercial fishing gear; or
(3) that is transporting fish captured or held with commercial fishing gear.
(Natural Resources Commission; 312 IAC 9-8-1; filed May 12, 1997, 10:00 a.m.: 20 IR 2721; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Jan 2, 2013, 3:42 p.m.: 20130130-IR-312120381FRA; readopted filed May 20, 2014, 9:43 a.m.: 20140618-IR-312140017RFA; filed Oct 24, 2017, 8:46 a.m.: 20171122-IR-312170262FRA)
312 IAC 9-8-2 Commercial fishing except on the Ohio River; general provisions
Authority:
IC 14-10-2-4;
IC 14-22-2-6
Sec. 2. (a) This section applies to license holders engaged in commercial fishing on inland water.
(b) For purposes of this section, "license holder" means an individual licensed under
IC 14-22-13 to use in, and to possess for use in, the water, seines, nets, or other commercial fishing gear authorized in this rule.
(c) A license holder may take
or and sell fish
that are taken with:
(1) commercial fishing gear; and
(2) a
valid commercial fishing license issued under this rule and
312 IAC 9-6-11.
(d) A license holder may take fish with the aid of illumination of:
(1) a spotlight;
(2) a searchlight; or
(3) an artificial light;
where lawfully engaged in commercial fishing.
(d) (e) A license holder subject to this rule must not possess trout or salmon.
(e) (f) A license holder must not possess or sell any of the following taken from the waters described in subsection (a):
(1) Chubs.
(2) Northern pike.
(3) Chain pickerel.
(4) Muskellunge.
(5) Tiger muskellunge.
(6) White bass.
(7) Yellow bass.
(8) Striped bass.
(9) Hybrid striped bass.
(10) Walleye.
(11) Sauger.
(12) Saugeye.
(13) Smallmouth bass.
(14) Largemouth bass.
(15) Spotted bass.
(16) Bluegill.
(17) Redear sunfish.
(18) Rock bass.
(19) Crappie.
(20) American eel.
(21) Paddlefish.
(22) Lake sturgeon.
(23) Lake herring.
(24) Blue catfish less than thirteen (13) inches long.
(25) Channel catfish less than thirteen (13) inches long.
(26) Flathead catfish less than thirteen (13) inches long.
(27) Lake whitefish less than eighteen (18) inches long.
(28) Yellow perch.
(f) (g) A license holder may take and sell shovelnose sturgeon that are at least twenty-five (25) inches measured in accordance with
312 IAC 9-6-2(b) only from October 1 through May 31 and only with a valid inland water roe harvester's license.
(g) (h) A license holder may take no more than one (1) each per day of a:
(1) channel catfish that is at least twenty-eight (28) inches long;
(2) blue catfish that is at least thirty-five (35) inches long; and
(3) flathead catfish that is at least thirty-five (35) inches longer. long.
(h) (i) A license holder must
report fish catches as follows: do the following:
(1)
A license holder under this section shall Keep
true and accurate daily records on a departmental form
of in ink and include the following:
(A) The pounds and species by live weight of each species of fish caught. harvested.
(B) The number of pieces of each type of gear fished by date.
(C) The county and river fished. The license holder shall
(2) Submit to the department the completed form to the division required under subdivision (1) by the fifteenth day of each month for the preceding month whether the license holder fished or not unless the license holder has submitted an inactive license form to signify that no commercial fishing will take place on inland water for the remainder of the calendar year. The inactive license form shall be submitted to the division of fish and wildlife before the fifteenth day of the month following the month the license is deemed inactive. The license holder shall
(3) Allow onboard and dockside inspections of the gear and catch at any time by a conservation officer or other authorized representative of the department.
(2) A license holder for Lake Michigan must comply with the reporting requirements of IC 14-22-14-23 and section 3(h) of this rule.
(j) A license holder must do the following:
(1) Tend each piece of fishing gear at least once every forty-eight (48) hours and remove all fish taken by the gear at that time.
(2) Remove each item of gear immediately upon the completion of fishing.
(k) This subsection applies to commercial fishing conducted on the part of the Wabash River that forms the boundary between Illinois and Indiana as follows:
(1) A license holder under this subsection may only use hoop nets or slat traps. A license holder must not use the following:
(A) Wings or leads.
(B) Entanglement gear of any kind, including, but not limited to, gill nets or trammel nets.
(C) A net having stretch mesh less than two (2) inches or bar mesh less than one (1) inch.
(D) A net that obstructs more than one-half (1/2) of the width of the river.
(2) A license holder may use a seine that has at least one (1) seine tag issued by the department attached to each seine. A license holder must not use a seine:
(A) that exceeds one hundred (100) yards in length;
(B) having stretch mesh less than five (5) inches; or
(C) that obstructs more than one-half (1/2) of the width of the river.
(3) Commercial fishing gear may not be used within a tributary of the Wabash River (with the exception of the White River and Patoka River) as denoted by a line drawn from point to point across the mouth of the tributary at the existing water level or the ordinary high water mark, whichever is lower.
(l) This subsection applies to commercial fishing on inland water of Indiana except for the part of the Wabash River that forms the boundary between Illinois and Indiana as follows:
(1) A license holder must not conduct commercial fishing on inland water containing state-owned fish, except for the following rivers:
(A) The Wabash River downstream from the southernmost city limits of Lafayette (U.S. 231 bridge) to where the river forms the boundary between Indiana and Illinois.
(B) The White River downstream from the junction of its east and west forks to where the White River joins the Wabash River.
(C) The west fork of the White River downstream from its junction with the Eel River in Greene County to the junction of the east and west forks of the White River.
(D) The east fork of the White River downstream from its junction with the Lost River in Martin County to the junction of the east and west forks of the White River.
(E) The Patoka River three hundred (300) yards downstream of the dam below the State Road 164 bridge in the city of Jasper to where the Patoka River joins the Wabash River.
(2) A license holder under this subsection may only use hoop nets. A license holder must not use the following:
(A) More than four (4) hoop nets.
(B) A net having a diameter, width, or height of more than six (6) feet.
(C) A net having stretch mesh less than two (2) inches or bar mesh less than one (1) inch.
(D) Wings or leads.
(3) Commercial fishing gear may not be used within a tributary of the waters listed in this subsection as denoted by a line drawn from point to point across the mouth of the tributary at the existing water level or the ordinary high water mark, whichever is lower.
(Natural Resources Commission; 312 IAC 9-8-2; filed May 12, 1997, 10:00 a.m.: 20 IR 2721; filed May 28, 1998, 5:14 p.m.: 21 IR 3724; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; filed Feb 27, 2007, 2:25 p.m.: 20070328-IR-312060262FRA; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Jul 6, 2010, 1:55 p.m.: 20100804-IR-312090616FRA; filed Jan 2, 2013, 3:42 p.m.: 20130130-IR-312120381FRA; readopted filed May 20, 2014, 9:43 a.m.: 20140618-IR-312140017RFA; filed Nov 4, 2015, 1:10 p.m.: 20151202-IR-312140510FRA; filed Oct 24, 2017, 8:46 a.m.: 20171122-IR-312170262FRA)
312 IAC 9-8-6 Commercial fishing on the Ohio River
Authority:
IC 14-10-2-4;
IC 14-22-2-6
Sec. 6. (a) This section applies to license holders engaged in commercial fishing on the Ohio River as authorized under
IC 14-22-13.
(b) "License holder" means an individual licensed under
IC 14-22-13 to use in, and to possess for use in, the water:
(1) seines;
(2) nets; or
(3) other commercial fishing gear.
(c) A license holder shall not take or sell fish except in accordance with
IC 14-22-13, this section, and
312 IAC 9-10. A license holder may take fish with the aid of illumination of:
(1) a spotlight;
(2) a searchlight; or
(3) an artificial light;
where lawfully engaged in commercial fishing.
(d) A license holder under this section may take and sell all species of fish from the Ohio River except the following:
(1) Largemouth bass.
(2) Smallmouth bass.
(3) Spotted bass.
(4) Rock bass.
(5) White crappie.
(6) Black crappie.
(7) Walleye.
(8) Sauger.
(9) Saugeye.
(10) Striped bass.
(11) White bass.
(12) Hybrid striped bass.
(13) Yellow bass.
(14) Muskellunge.
(15) Northern pike.
(16) Tiger muskellunge.
(17) Chain pickerel.
(18) Lake sturgeon.
(19) Trout.
(20) Salmon.
(21) Blue catfish less than thirteen (13) inches long.
(22) Channel catfish less than thirteen (13) inches long.
(23) Flathead catfish less than thirteen (13) inches long.
(24) Shovelnose sturgeon less than twenty-five (25) inches measured in accordance with 312 IAC 9-6-2(b) and taken from June 1 through September 30.
(25) Paddlefish less than thirty-two (32) inches measured in accordance with 312 IAC 9-6-2(c) and taken from May 1 through October 31.
(e) A license holder may take and sell shovelnose sturgeon that are at least twenty-five (25) inches measured in accordance with 312 IAC 9-6-2(b) only from October 1 through May 31 and only with a valid Ohio River roe harvester's license.
(f) A license holder may take and sell paddlefish that are at least thirty-two (32) inches measured in accordance with 312 IAC 9-6-2(c) only from November 1 through April 30 and only with a valid Ohio River roe harvester's license.
(g) (e) A license holder may take no more than one (1) each per day of a:
(1) channel catfish that is at least twenty-eight (28) inches long;
(2) blue catfish that is at least thirty-five (35) inches long; and
(3) flathead catfish that is at least thirty-five (35) inches longer. long.
(h) (f) A license holder under this section must tag each item of gear so that a conservation officer may determine if the:
(1) gear is properly licensed; and
(2) license holder is complying with the law.
(i) (g) A person must not possess a seine, net, or commercial trotline except as authorized with a valid commercial fishing license for the Ohio River. This subsection does not apply to a manufacturer, retailer, or wholesale dealer who possesses gear exclusively for sale.
(j) (h) The use of commercial fishing gear authorized under this section is limited as follows:
(1) Commercial fishing gear cannot be used on or within fifty (50) yards of a bay or inlet of the Ohio River denoted by a line drawn from point to point across the bay or inlet.
(2) Commercial fishing gear cannot be used
beyond the bank of the Ohio River, the ordinary high watermark of the Ohio River as defined by 312 IAC 1-1-26, or within fifty (50) yards of the mouth of a stream denoted by a line drawn from point to point across a stream at its farthest most downstream location at the existing water level or ordinary high watermark, whichever is lowest.
(3) Commercial
fishing gear
except slat traps, cannot be used in the following locations:
(A) John T. Myers Dam downstream to the outer lock wall and the portion of the split channel around the southern part of Wabash Island from the fixed weir dam to the first dike.
(B) Newburgh Dam downstream to the end of the outer lock wall.
(C) Cannelton Dam downstream to the end of the outer lock wall.
(D) McAlpine Dam downstream to the K and I railroad bridge.
(E) Markland Dam downstream to the end of the outer lock wall.
(k) (i) The license holder must tend each item of fishing gear not less frequently than once every twenty-four (24) hours and all fish taken by the gear removed, except that baited hoop nets or slat traps may be left unattended for not more than seventy-two (72) hours at which time all fish taken by the gear must be removed. Each item of gear must be removed immediately upon the completion of fishing.
(l) (j) Gear is authorized only as set forth as follows:
(1) Lines and mesh must be made of:
(A) linen;
(B) cotton; or
(C) a flexible synthetic fiber.
(2) The following restrictions apply to a hoop net, wing net, straight lead net, or heart lead net:
(A) Each net described in this subdivision must have a minimum bar mesh size of one (1) inch.
(B) Hoops may be any size, shape, or material.
(C) The maximum length of the lead or wing is sixty (60) feet.
(D) One (1) tag issued by the department must be attached to the front hoop of each net.
(3) The following restrictions apply to a gill or trammel net:
(A) The minimum bar mesh size that can be fished from November 1 through April 30 is four (4) inches.
(B) The only bar mesh size that can be fished from May 1 through October 31 is from four (4) inches to four and one-half (4 1/2) inches.
(C) The nets referenced in this subdivision may be fished weighted or as a flag net.
(D) At least one (1) tag issued by the department must be attached to the net for each one hundred (100) feet of net or part thereof.
(4) The following restrictions apply to a commercial trotline:
(A) Each line must have more than fifty (50) hooks placed not closer than eighteen (18) inches apart.
(B) One (1) tag issued by the department must be attached.
(C) The trotline must be:
(i) not longer than three thousand (3,000) feet, including staging; and
(ii) fished separately rather than tied in a continuous line.
(5) The following restrictions apply to a seine:
(A) A seine must have the following:
(i) A minimum bar mesh size of one (1) inch.
(ii) Both float and lead lines.
(iii) Wood, fiberglass, metal poles, or brails attached to each end.
(B) A seine in the water must be attended by individuals pulling the seine through the water for the entrapment of fish.
(C) A seine must have at least one (1) tag issued by the department attached for each one hundred (100) feet of net or part thereof.
(6) The following restrictions apply to a slat trap:
basket:
(A) No wire or other mesh may be added to the trap.
(B) At least two (2) openings not less than one and one-fourth (1 1/4) inches wide must be located between the slats. These openings shall not be restricted by cross-bracings to a length shorter than eight (8) inches long.
(C) The trap shall be not larger than two (2) feet in diameter or square end measure.
(D) A tag issued by the department must be attached to the open ring or square.
(m) (k) A license holder must do the following:
(1) Keep
true and accurate daily catch records
of harvested fish in ink on a departmental form
of that includes the following:
(A) The pounds and by live weight for each species of fish. caught by gear type.
(B) The
aggregate number of
the following:
(i) Blue catfish.
(ii) Channel catfish.
(iii) Flathead catfish.
(iv) Paddlefish. and
(v) Shovelnose sturgeon. caught by gear type.
(C)
Of the
pounds catfish reported in accordance with subdivision (B) [clause (B)],
the number of
paddlefish, shovelnose sturgeon, sucker, and eggs sold. the following:
(i) Blue catfish over thirty-five (35) inches.
(ii) Channel catfish over twenty-eight (28) inches.
(iii) Flathead catfish over thirty-five (35) inches.
(D) The location fished by Ohio River pool name and river mile. and county.
(E) The amount of daily fishing effort by gear type as follows:
(i) Total length of net fished (in feet) per day each for seines, gill nets, and trammel nets.
(ii) Total number each of hoop nets, slat traps, and dip nets fished per day.
(iii) Total number of trotline hooks fished per day.
(2) Submit to the department the completed form required under subdivision (1) by the fifteenth day of each month for the preceding month whether the license holder fished or not unless the license holder has submitted an inactive license form to signify that no commercial fishing on the Ohio River will take place for the remainder of the calendar year. The inactive license form shall be submitted to the division of fish and wildlife before the fifteenth day of the month following the month the license is deemed inactive.
(3) Allow on-board and dockside inspection of the gear and catch at any time by a conservation officer or other authorized representative of the department.
(Natural Resources Commission; 312 IAC 9-8-6; filed May 12, 1997, 10:00 a.m.: 20 IR 2725; filed May 28, 1998, 5:14 p.m.: 21 IR 3727; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; filed Feb 27, 2007, 2:25 p.m.: 20070328-IR-312060262FRA; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Aug 28, 2009, 3:39 p.m.: 20090923-IR-312080886FRA; filed Jan 2, 2013, 3:42 p.m.: 20130130-IR-312120381FRA; readopted filed May 20, 2014, 9:43 a.m.: 20140618-IR-312140017RFA; filed Nov 4, 2015, 1:10 p.m.: 20151202-IR-312140510FRA; filed Oct 24, 2017, 8:46 a.m.: 20171122-IR-312170262FRA)
Authority:
IC 14-10-2-4;
IC 14-22-2-6
Sec. 7. (a) An individual must not take, possess, or sell roe-bearing species without a valid roe harvester's license, except for bowfin and shovelnose sturgeon taken or possessed in accordance with
312 IAC 9-6 and
312 IAC 9-7.
(b) An individual must apply for a roe harvester's license on a departmental form.
(c) An applicant for a roe harvester's license must:
(1) be at least eighteen (18) years of age;
(2) possess a valid commercial fishing license; and
(3) provide valid identification of all helpers on a departmental form.
(d) The maximum annual number of roe harvester's licenses is as follows:
(1) Fifteen (15) resident or nonresident licenses (total) for the Ohio River.
(2) Fifteen (15) resident licenses for inland water of the state.
(e) The division shall prioritize the issuance of roe harvester's licenses as follows:
(1) First, to residents of Indiana.
(2) Second, upon those applications by individuals who have submitted completed monthly reports to the department under this rule and who have submitted a completed renewal application no later than December 15 of the year preceding the license year requested.
(3) Third, upon the order the application was received by the division of fish and wildlife.
(f) A roe harvester must do the following:
(1) Prepare a
true and accurate daily transaction report on a departmental form in ink for each day of the month that roe-bearing fish were harvested and include the following:
(A) The length of the fish by species for each fish harvested.
(B) The number of each roe-bearing species harvested.
(C) The river where roe-bearing species were harvested.
(D) Whether the fish contains eggs or not.
(E) The date.
(F) The name of any helper.
(2) Submit the signed daily transaction report to the department by the fifteenth day of each month for the preceding month for each day that roe-bearing fish were harvested unless the license holder has submitted an inactive license form to signify that no harvesting of roe or roe-bearing species will take place for the remainder of the calendar year. The inactive license form shall be submitted to the division of fish and wildlife before the fifteenth day of the month following the month the license is deemed inactive.
(3) Notify the department on a departmental form of any change in the list of helpers.
(4) Not allow an individual to participate in the harvest, possession, transportation, or sale of roe or roe-bearing species until the list of helpers on which the individual is identified has been received by the division.
(5) Fish for roe-bearing species only in accordance with this rule.
(6) Retain for at least five (5) years a copy of all records and reports required under this section.
(7) Sell roe or screened eggs only to an Indiana-licensed roe dealer.
(8) Leave the roe intact and inside the body of the fish while on the body of water or adjacent to the water being fished.
(g) A roe harvester may:
(1) sell the meat of an individual roe-bearing species of fish that does not contain roe to any other person; and
(2) screen and wash the roe in accordance with 21 CFR 123, but shall not salt or otherwise process the roe, unless licensed as a roe dealer under section 8 of this rule.
(h) A roe harvester's license issued under this section is not transferable.
(i) Upon request by a conservation officer or other authorized representative of the department, a license holder must allow:
(1) access to all records and reports required under this document rule upon request; and
(2) entry and inspection of the license holder's premises, equipment, boats, vehicles, and facilities.
Authority:
IC 14-10-2-4;
IC 14-22-2-6
Sec. 8. (a) A person must not purchase or process roe-bearing species without a valid roe dealer's license, with the exception of the meat and caviar from roe-bearing species.
(b) A person must apply for a roe dealer's license on a departmental form. A person must submit a completed renewal application no later than December 15 of the year preceding the license year requested.
(c) A person applying for a roe dealer's license must be at least eighteen (18) years of age.
(d) A roe dealer must do the following:
(1) Not purchase fish, or unprocessed roe, screened eggs, or caviar that the roe dealer knows was taken or possessed unlawfully.
(2) Possess a valid roe dealer's license while purchasing, receiving, transporting, or selling unprocessed roe or screened eggs and while processing roe or screened eggs into caviar for human consumption.
(3) Submit a complete, true, and accurate report to the department by the fifteenth day of the following month on a signed departmental form in ink that includes the following information:
(A) The name and license number of the roe harvester.
(B) The number of pounds of screened eggs of each roe-bearing species received.
(C) The final processed weight (caviar) of each roe-bearing species received.
(D) The date the roe or screened eggs were received for each roe-bearing species.
(4) Maintain for a period of five (5) years an accurate record of all transactions involving roe-bearing species
and/or or roe,
or both, purchased from a roe harvester
or roe dealer including:
(A) the roe, screened eggs, or caviar sold;
(B) the date purchased, sold, or otherwise transferred; and
(C) the name and address of the individual or company to or from whom the roe, screened eggs, or caviar was sold, or transferred, or purchased.
(5) Complete and sign the roe harvester's license transaction record for each transaction on a departmental form on the date of purchasing roe-bearing species from the roe harvester that includes the following information:
(A) The date the product is received.
(B) Pounds of screened eggs for each roe-bearing species of fish.
(6) Obey all state and federal laws applicable to the processing of roe and products of roe-bearing species.
(e) A roe dealer's license issued under this section is not transferable.
(f) A roe dealer must, upon request by a conservation officer or other authorized representative of the department, allow:
(1) access to all records and reports required in this rule upon request; and
(2) entry and inspection of the license holder's premises, equipment, boats, vehicles, and facilities.
Hearing Held: August 17, 2017
Approved by Attorney General: October 10, 2017
Approved by Governor: October 19, 2017
Filed with Publisher: October 24, 2017, 8:46 a.m.
Documents Incorporated by Reference: None Received by Publisher
Small Business Regulatory Coordinator: Linnea Petercheff, Staff Specialist, Division of Fish and Wildlife, Department of Natural Resources, 402 West Washington Street, Room W273, Indianapolis, IN 46204, (317) 233-6527, lpetercheff@dnr.in.gov
Posted: 11/22/2017 by Legislative Services Agency
DIN: 20171122-IR-312170262FRA
Composed: Apr 28,2024 7:13:55PM EDT
A
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