TITLE 312 NATURAL RESOURCES COMMISSION

Adds 312 IAC 8-1.5-5.5 to add the definition of "class 1 electric bicycle". Amends 312 IAC 8-1.5-14 to clarify the definition of "motorized cart". Amends 312 IAC 8-2-3 to remove the requirement that a person hold a valid unlimited license to carry a firearm in order to possess the firearm on department property in compliance with Indiana law. Amends 312 IAC 8-2-8 to allow a person to operate a motorized cart on department property if the person: (1) is using the motorized cart within a campground and meets the requirements of IC 14-19-1-1(2)(A); (2) meets the requirements of IC 14-19-1-1(2)(B); or (3) holds a valid driver's license and is transporting another person as authorized under either provision; and to allow for Class 1 electric bicycles to be operated on department trails designated by the department as a mountain bike trail. Effective 30 days after filing with the Publisher.

IC 4-22-2.1-5 Statement Concerning Rules Affecting Small Businesses

SECTION 1. 312 IAC 8-1.5-5.5 IS ADDED TO READ AS FOLLOWS:

Affected: IC 9-13-2-26.6

Sec. 5.5. "Class 1 electric bicycle" has the meaning set forth in IC 9-13-2-26.6.

SECTION 2. 312 IAC 8-1.5-14 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 14-19-1-0.5

Sec. 14. (a) "Motorized cart" means a conveyance that is: has the meaning set forth in IC 14-19-1-0.5.

(1) motor driven, either by gas or electricity;

(2) used to carry passengers or equipment; and

(3) smaller than the types of motor vehicles required to be registered by the bureau of motor vehicles such as a:

(A) passenger motor vehicle (as defined in IC 9-13-2-123);

(B) recreational vehicle (as defined in IC 9-13-2-150); or

(C) truck (as defined in IC 9-13-2-188).

(b) A motorized cart may be characterized as a golf cart, utility cart, or similar form of motor vehicle.

(c) The term does not include:

(1) an electric personal assistive mobility device (as defined in IC 9-13-2-49.3);

(2) a motorcycle (as defined in IC 9-13-2-108);

(3) a motor scooter (as defined in IC 9-13-2-104);

(4) a motorized bicycle (as defined in IC 9-13-2-109); or

(5) an off-road vehicle.

SECTION 3. 312 IAC 8-2-3 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 14-22-11-1

Sec. 3. (a) A person must not possess a firearm or bow and arrows on a DNR property unless one (1) of the following conditions apply:

(1) The firearm or bow and arrows are:

(A) unloaded and unnocked; and

(B) placed in a case or locked within a vehicle.

(2) The firearm or bow and arrows are possessed at, and of a type designated for usage on:

(A) a rifle;

(B) a pistol;

(C) a shotgun; or

(D) an archery;

range.

(3) The firearm or bow and arrows are being used in the lawful pursuit of either of the following:

(A) A wild animal on a DNR property authorized for that purpose.

(B) A groundhog as authorized under a license.

(4) The person possesses a handgun on a DNR property other than a reservoir owned by the U.S. Army Corps of Engineers or Falls of the Ohio State Park.

(A) with a valid unlimited license to carry a handgun:

(i) issued under IC 35-47-2-3; or

(ii) recognized under IC 35-47-2-21(b); or

(B) pursuant to an exemption to handgun licensure requirements as authorized under IC 35-47-2-2.

(b) Except as provided in subsection (a)(1) or (a)(4), a firearm or bow and arrows may not be possessed on DNR properties within any of the following:

(1) A nature preserve or another property administered by the division of nature preserves unless hunting is authorized under subsection (d).

(2) A property administered by the division of state museums and historic sites.

(3) A campground.

(4) A picnic area.

(5) A beach.

(6) A service area.

(7) A headquarters building.

(8) A hunter check station.

(9) A developed recreation site.

(c) A person must not discharge a firearm or bow and arrows on a DNR property except as follows:

(1) As authorized for a law enforcement officer.

(2) In the lawful defense of persons or property.

(3) Under a department permit that authorizes the discharge.

(4) As authorized at a shooting range.

(5) In the lawful pursuit of wild animals. The exception provided in this subdivision does not apply within two hundred (200) feet of any of the following:

(A) A campsite.

(B) A boat dock.

(C) A launching ramp.

(D) A picnic area.

(E) A bridge.

(d) A person may hunt on the following DNR properties:

(1) A state forest administered by the division of forestry, including a portion of a state forest that is a nature preserve.

(2) A reservoir property administered by the division of state parks and reservoirs.

(3) A wildlife area administered by the division of fish and wildlife, including a portion of a wildlife area that is a nature preserve.

(4) A nature preserve or another property administered by the division of nature preserves, if approved in a written authorization by:

(A) the director of the division of nature preserves; and

(B) the owner of the nature preserve, if the owner is other than the state of Indiana.

(e) A person hunting on any of the areas described in subsection (d) must do the following:

(1) Comply with all federal and state:

(A) hunting;

(B) trapping; and

(C) firearms;

laws.

(2) On a fish and wildlife area and a reservoir property, obtain a one (1) day hunting permit and record from a checking station. The person must:

(A) retain the permit and record card while in the field for the authorized date; and

(B) as directed, return them to the department.

(3) Refrain from hunting on a nature preserve if prohibited by signage posted at the site.

(f) Unless otherwise posted or designated on a property map, a person must not place a trap except as authorized by a license issued for a property by an authorized representative. This license is in addition to the licensing requirement for traps set forth in IC 14-22-11-1.

(g) A person must not run dogs, except:

(1) during the lawful pursuit of wild animals; or

(2) as authorized by a license for field trials or in a designated training area.

(h) A person may construct or place a tree stand or hunting blind on a DNR property during the hunting season for the animal being hunted under the following terms:

(1) Except as provided in subdivisions (2) and (3), a stand or blind may only be left overnight if it is legibly marked with the:

(A) name, address, and telephone number of the owner of the stand or blind in the English language; or

(B) owner's customer identification number issued by the department.

(2) A blind or stand used for deer hunting must comply with 312 IAC 9-3-3.

(3) A blind used for hunting migratory birds or waterfowl must:

(A) comply with 312 IAC 9-4-2; and

(B) be legibly marked with the:

(i) name, address, and telephone number of the owner of the stand or blind in the English language; or

(ii) owner's customer identification number issued by the department.

(i) The following terms apply to the use of shooting ranges:

(1) A person must not use a shooting range unless the person is:

(A) at least eighteen (18) years of age; or

(B) accompanied by a person who is at least eighteen (18) years of age.

(2) A person must:

(A) register with the department; and

(B) pay any applicable fees;

before using a shooting range.

(3) Except as otherwise provided in this subdivision, a person must shoot only at paper targets placed on target holders provided by the department. An authorized representative may approve the use of alternative targets on a supervised shooting range if the department determines a hazard to public safety would not result.

(4) A person must fire downrange and take reasonable care to assure ensure any projectile is stopped by the range backstop.

(5) Shot not larger than size 6 must be used on a shotgun range.

(6) A person must not:

(A) discharge a firearm using automatic fire;

(B) use tracer, armor-piercing, or incendiary rounds;

(C) play on, climb on, walk on, or shoot into or from the side berms; or

(D) shoot at clay pigeons, except on a site designated for shooting clay pigeons.

Glass and other forms of breakable targets must not be used on a shooting range.

(7) A person must dispose of the targets used by the person under section 2(a) of this rule.

(8) Permission must be obtained from the department in advance for a shooting event that involves any of the following:

(A) An entry fee.

(B) Competition for any of the following:

(i) Cash.

(ii) Awards.

(iii) Trophies.

(iv) Citations.

(v) Prizes.

(C) The exclusive use of the range or facilities.

(D) A portion of the event occurring between sunset and sunrise.

(9) On a field course, signs and markers must be staked. Trees must not be marked or damaged.

(j) A person must not take a reptile or amphibian unless the person is issued a scientific purposes license under 312 IAC 9-10-6. Exempted from this subsection are:

(1) eastern snapping turtles;

(2) smooth softshell turtles;

(3) spiny softshell turtles;

(4) bullfrogs; and

(5) green frogs;

(k) A person must not possess lead shot while hunting mourning doves on a DNR property.

(l) A person may place a trail or game camera as follows:

(1) The trail or game camera must be legibly marked with the:

(A) name, address, and telephone number of the owner of the camera in the English language; or

(B) the individual's customer identification number issued by the department.

(2) A trail or game camera may only be placed on the following DNR properties:

(A) A property administered by the division of fish and wildlife, including a portion of that property that is a nature preserve.

(B) A state forest or recreation area administered by the department, including a portion of that property that is a nature preserve.

(3) Placement of a trail or game camera must not damage a tree.

(m) A person must not place bait on a DNR property, except as follows:

(1) Bait or food placed for management as authorized by the department.

(2) The result of authorized agricultural operations on the property. or

(3) A bird feeder placed by a department employee.

(n) As used in this section, "bait" includes:

(1) a food that is transported to and placed for consumption, including, but not limited to, piles of corn and apples placed on the property;

(2) a prepared solid or liquid that is manufactured and intended for consumption by livestock, wild deer, or birds, including, but not limited to, commercial baits and food supplements;

(3) salt; or

(4) mineral supplements.

SECTION 4. 312 IAC 8-2-8 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 14-19-1-1; IC 14-22-11-1

Sec. 8. (a) A person must not operate a vehicle:

(1) at a speed greater than:

(A) thirty (30) miles per hour on straight, open stretches of road; or

(B) fifteen (15) miles per hour on steep grades or curves or where posted; or

(2) except as provided in section 17 of this rule, other than on a public road.

(b) A person must not park:

(1) a vehicle;

(2) a boat; or

(3) associated equipment;

(c) A person must not operate a motorized cart on a DNR property except as follows unless:

(1) the person must demonstrate both of the following is using the motorized cart within a campground and:

(A) The person holds a valid driver's license meets the requirements set forth in IC 14-19-1-1(2)(A);

(B) The person:

(i) is at least sixty-five (65) years of age that is evidenced by the valid driver's license; or

(ii) has a disability, as defined by the federal Social Security Administration guidelines (42 U.S.C. 416), that is evidenced by documentation from the Social Security Administration.

(B) meets the requirements set forth in IC 14-19-1-1(2)(B); or

(C) holds a valid driver's license and is transporting another person as authorized under clause (A) or (B);

(2) A person must not operate a motorized cart other than within a campground.

(3) A (2) the motorized cart, must, if operated between the hours of sunset and sunrise, have has a lamp on the:

(A) front exhibiting a white light visible at least five hundred (500) feet ahead of the motorized cart; and

(B) rear exhibiting a red light visible at least five hundred (500) feet behind the motorized cart; and

(4) A restriction (3) the operator of the motorized cart complies with all restrictions applicable to the operation, parking, or other use of a vehicle under this section. also applies to a motorized cart.

(5) As used in this subsection, "motorized cart" has the meaning set forth in IC 14-19-1-0.5.

(d) Unless an activity is licensed or exempted from licensure under this rule, a person must not do the following:

(1) Leave the designated pathway for a trail while moving cross-country.

(2) Except on a trail designated for the purpose:

(A) hike;

(B) bike;

(C) ski;

(D) horseback ride; or

(E) operate an off-road vehicle or snowmobile.

(3) Except where designated by the department, ride, lead, drive, or hitch an animal.

(e) A person must not launch, dock, or moor a boat, except:

(1) for approved periods; and

(2) at sites designated by the department for those purposes.

(f) A person must not:

(1) leave a boat unattended in a courtesy dock provided by the department; or

(2) moor a boat at a designated group dock or mooring post unless the boat exhibits a valid mooring permit.

(g) A person must not operate or maintain a boat on a lake unless the person does each of the following:

(1) Operates the boat according to any the horsepower or speed restrictions applicable to the lake.

(2) Except as provided in subdivisions (3) and (6), obtains and displays a valid annual boat lake permit as follows:

(A) Purchase from the department a boat lake permit under a fee schedule approved by the commission.

(B) Affix the permit in a visible location on the forward half of the boat.

(3) Except as provided in subdivision (6), for a motorboat, obtains and displays a valid annual motorboat lake permit as follows:

(A) Purchase from the department a motorboat lake permit under a fee scheduled schedule approved by the commission.

(B) Affix the permit in a visible location on the port (left) side immediately following the excise tax decal or registration number.

(4) For a lake containing fewer than three hundred (300) acres, operates a motorboat only if the motorboat is either of the following:

(A) Powered by an electric trolling motor with not more than:

(i) two (2) 12-volt batteries; or

(ii) one (1) 24-volt battery.

(B) Operated on Loon Lake, Otter Lake, or Blue Grass Pit in the Blue Grass Fish and Wildlife Area at not greater than idle speed.

(5) Removes a boat from the lake before the expiration of fourteen (14) consecutive days, unless the boat is moored in an area where the department has approved mooring for a longer duration.

(6) A lake located on a DNR property administered by the division of fish and wildlife is exempted from subdivisions (2) and (3).

(h) A person must not leave a vehicle, a boat, or associated equipment at a DNR property unless the person is actively engaged in the use of:

(1) a DNR property; or

(2) an adjacent:

(A) public freshwater lake; or

(B) navigable waterway.

(i) A person must not:

(1) land, taxi, take off, park, or moor an airborne human transportation device; or

(2) knowingly land, taxi, take off, park, or moor on DNR property an unmanned motor-driven airborne device.

(j) A person may operate a class 1 electric bicycle on a trail designated by the department as a mountain bike trail.

Notice of Public Hearing

[Notice of Intent was published in the manner set forth in IC 4-22-2, before its amendment July 1, 2023.]

DIN: 20230816-IR-312230538PRA

Composed: May 29,2024 5:54:14PM EDT

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