Under IC 4-22-2-24, notice is hereby given that on February 3, 2023, at 1:00 p.m. EST, at the Community Center at 233 West Main Street, Fort Wayne, Indiana, the Natural Resources Commission will hold a public hearing on proposed amendments to 312 IAC 5-7-1 to identify speed zones with coordinates, rather than just on-site buoys, and remove references to navigable waterways, and the addition of 312 IAC 5-7-16, 312 IAC 5-7-17, and 312 IAC 5-7-18 for an idle speed zone on the St. Mary's River, St. Joseph River, and Maumee River.

IC 4-22-2-24(d)(3) Justification Statement: All requirements or costs by the new rules on regulated entities under IC 4-22-2-24(d)(3) are reasonably necessary for the regulation of water recreation under IC 14-15-7-3.

312 IAC 5-7-1: The amendments add identifying speed zones with coordinates rather than just on-site buoys, which are hard to secure on rivers, and clarifies what coordinates the Department may use. The amendments also remove the language applying to navigable waterways and instead identifies these waters as public waters. IC 14-15-7-3 applies to public waters, which means every lake, river, stream, canal, ditch, and body of water that is subject to the jurisdiction of the state. Therefore, it is unnecessary to identify navigable waterways when this is not contemplated under the applicable statutes.

312 IAC 5-7-16: This new rule proposes an idle speed zone on the St. Mary's River. This rule was requested under Information Bulletin #7 (http://iac.iga.in.gov/iac//20170531-IR-312170268NRA.xml.pdf) by the city of Fort Wayne's Department of Parks and Recreation to add boating restrictions for the St. Mary's River, St. Joseph River, and Maumee River through Fort Wayne, Indiana. Under IC 14-15-7-3(a), speed restrictions can be set where unusual conditions or hazards exist, including an obstruction in or along public water, watercraft traffic congestion, or existence of a beach, boat launch, marina, dam, spillway, or other recreational facility on or adjacent to public water. In addition, watercraft use may be limited or prohibited for the protection of users, fish, wildlife, and/or botanical resource management. IC 14-15-7-3(a)(6). The NRC recommended approval of the request because of the increased boat traffic and development of marinas along the shoreline of the three rivers. The coordinates of the bridge and confluence are provided in the rule.

312 IAC 5-7-17: This new rule proposes an idle speed zone on the St. Joseph River. Same as above. The coordinates are provided in the rule.

312 IAC 5-7-18: This new rule proposes an idle speed zone on the Maumee River. Same as above. The coordinates are provided in the rule.

The DNR has the statutory authority to adopt rules in IC 14-11-2-1. The Natural Resources Commission has the statutory authority to adopt rules pursuant to IC 14-10-2-4. The Indiana DNR may adopt rules in IC 14-15-7-3 to set speeding restrictions.

Sources of information for determining costs and benefits were obtained from the city of Fort Wayne, and staff of the DNR Divisions of Law Enforcement and Fish and Wildlife.

Individuals requiring reasonable accommodations for participation in this event should contact the Natural Resources Commission at:

Indiana Government Center North

100 North Senate Avenue, Room N103

Indianapolis, IN 46204-2273

Attn: ADA Compliance

The proposed rule amendments may be inspected and copied at the Natural Resources Commission, Division of Hearings, Indiana Government Center North, 100 North Senate Avenue, Room N103, Indianapolis, Indiana or may be obtained upon request by calling (317) 232-4699. Written comments may be submitted to the same mailing address or electronically through https://www.in.gov/nrc/rules/rulemaking-docket/.