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TITLE 312 NATURAL RESOURCES COMMISSION

Final Rule
LSA Document #22-296(F)

DIGEST

Amends 312 IAC 5-7-1 to identify speed zones with signage at the coordinates, rather than just onsite buoys, and to remove references to navigable waterways. Adds 312 IAC 5-7-16 concerning an idle speed zone on the St. Mary's River. Adds 312 IAC 5-7-17 concerning an idle speed zone on the St. Joseph River. Adds 312 IAC 5-7-18 concerning an idle speed zone on the Maumee River. Effective 30 days after filing with the Publisher.



SECTION 1. 312 IAC 5-7-1 IS AMENDED TO READ AS FOLLOWS:

Rule 7. Specified Public Waters Other Than Lake Michigan; Restrictions


312 IAC 5-7-1 Boating restrictions on specified public waters other than Lake Michigan; applicability

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3; IC 14-29-1-8
Affected: IC 14; IC 32-19-1-1

Sec. 1. (a) This rule establishes boating zones on specified navigable waterways public waters, other than Lake Michigan and its tributaries, in Lake, Porter, and LaPorte counties, to govern the operation of boats for any of the following purposes:
(1) Addressing unusual conditions or hazards.
(2) Fish, wildlife, or botanical resource management.
(3) The protection of users.

(b) This rule may modify or supplement 312 IAC 6.

(c) (b) In order to be effective, a zone established under this rule must be identified with signage at the coordinates or onsite by buoys placed under 312 IAC 5-4.

(c) The coordinates used in this section [rule] have the meaning set forth in IC 32-19-1-1, 312 IAC 1-1-27.5, and 312 IAC 1-1-29.3 and referenced in "SPC" and "UTM".
(Natural Resources Commission; 312 IAC 5-7-1; filed Mar 23, 2001, 2:50 p.m.: 24 IR 2375, eff Jan 1, 2002; readopted filed May 29, 2008, 1:53 p.m.: 20080625-IR-312080057RFA; errata filed Jun 2, 2009, 10:29 a.m.: 20090624-IR-312090386ACA; readopted filed Jul 17, 2014, 3:46 p.m.: 20140813-IR-312140067RFA; readopted filed Sep 16, 2020, 8:15 a.m.: 20201014-IR-312200355RFA; May 10, 2023, 10:10 a.m.: 20230607-IR-312220296FRA)


SECTION 2. 312 IAC 5-7-16 IS ADDED TO READ AS FOLLOWS:

312 IAC 5-7-16 St. Mary's River in Allen County; boating speed zone

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3
Affected: IC 14

Sec. 16. (a) This section establishes a special boating zone on the St. Mary's River.

(b) A person must not operate a boat in excess of idle speed within a zone that lies between the Main Street Bridge to the confluence of the St. Mary's River, St. Joseph River, and Maumee River:
(1) beginning at the Main Street Bridge (16 T 655040 UTM 4549114); and
(2) continuing downstream to the confluence (16 T 656887 UTM 4549687).
(Natural Resources Commission; 312 IAC 5-7-16; filed May 10, 2023, 10:10 a.m.: 20230607-IR-312220296FRA)


SECTION 3. 312 IAC 5-7-17 IS ADDED TO READ AS FOLLOWS:

312 IAC 5-7-17 St. Joseph River in Allen County; boating speed zone

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3; IC 14-29-1-8
Affected: IC 14

Sec. 17. A person must not operate a boat in excess of idle speed within a zone that lies between the Tennessee Ave. Bridge to the confluence of the St. Mary's River, St. Joseph River, and Maumee River:
(1) beginning at the Tennessee Ave. Bridge (16 T 657134 UTM 4550355); and
(2) continuing downstream to the confluence (16 T 656887 UTM 4549687).
(Natural Resources Commission; 312 IAC 5-7-17; filed May 10, 2023, 10:10 a.m.: 20230607-IR-312220296FRA)


SECTION 4. 312 IAC 5-7-18 IS ADDED TO READ AS FOLLOWS:

312 IAC 5-7-18 Maumee River in Allen County; boating speed zone

Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-15-7-3
Affected: IC 14

Sec. 18. (a) This section establishes a special boating zone on the Maumee River.

(b) A person must not operate a boat in excess of idle [sic, speed] within a zone that lies between the Columbia Ave. Bridge to the confluence of the St. Mary's River, St. Joseph River, and Maumee River:
(1) beginning at the Columbia Ave. Bridge (16 T 656902 UTM 45495760); and
(2) continuing upstream to the confluence (16 T 656887 UTM 4549687).
(Natural Resources Commission; 312 IAC 5-7-18; filed May 10, 2023, 10:10 a.m.: 20230607-IR-312220296FRA)


LSA Document #22-296(F)
Notice of Intent: 20221005-IR-312220296NIA
Proposed Rule: 20221109-IR-312220296PRA
Hearing Held: February 3, 2023
Approved by Attorney General: May 5, 2023
Approved by Governor: May 9, 2023
Filed with Publisher: May 10, 2023, 10:10 a.m.
Documents Incorporated by Reference: None Received by Publisher
Small Business Regulatory Coordinator: Lt. Erick Bolt, Division of Law Enforcement, Department of Natural Resources, 1353 South Governors Drive, District 2, Columbia City, IN 46725, (260) 244-3720, ebolt@dnr.in.gov

Posted: 06/07/2023 by Legislative Services Agency

DIN: 20230607-IR-312220296FRA
Composed: Apr 28,2024 8:16:00PM EDT
A PDF version of this document.