CHAPTER 9. REGULATION OF FISHING
IC 14-22-9
Chapter 9. Regulation of Fishing
IC 14-22-9-1
Unlawful means of taking fish
Sec. 1. (a) Except as allowed by section 3 of this chapter, a personmay not take fish from waters containing state owned fish, waters ofthe state, or boundary waters of the state by the following:
(1) Means of:
(A) a weir;
(B) an electric current;
(C) dynamite or other explosive;
(D) a net;
(E) a seine;
(F) a trap; or
(G) any other substance that has a tendency to stupefy orpoison fish.
(2) Means of the following:
(A) A firearm.
(B) A crossbow.
(C) The hands alone.
(b) The methods or devices in this section may be possessed andused:
(1) under special permit issued by the director under rules thatthe director provides; or
(2) as otherwise provided by law.
As added by P.L.1-1995, SEC.15.
IC 14-22-9-2
Ice fishing
Sec. 2. (a) A person may not:
(1) ice fish; or
(2) attempt to ice fish;
in water of the state through a hole greater than twelve (12) inches indiameter.
(b) A house, shanty, or fully enclosed structure used in ice fishingmust have the name and address of the owner clearly painted orotherwise indicated on the outside of the door of the structure. Thedoor of the structure must be equipped with a latch of a nature thatcan be opened from the outside as well as from the inside. Thestructure may be of a temporary nature only and shall be removedfrom the ice before the ice leaves.
As added by P.L.1-1995, SEC.15.
IC 14-22-9-3
Fishing near dams
Sec. 3. A person may not use, set, cause to be used or set, take, orattempt to take fish by means of:
(1) a trotline;
(2) a set line; (3) a throw line;
(4) a net;
(5) a trap; or
(6) a seine;
except legal minnow seines or dip nets, within three hundred (300)yards of a dam that wholly or partly crosses a river, stream, orwaterway in Indiana or the boundary water of the state.
As added by P.L.1-1995, SEC.15.
IC 14-22-9-4
Minnows and crayfish; unlawful transportation
Sec. 4. A bait dealer may not transport or hold live minnows orlive crayfish in Indiana for any purpose in a manner or under theconditions that cause unnecessary loss and death of minnows. Aviolation of this section is sufficient cause for the division to revokeand seize a bait dealer's license.
As added by P.L.1-1995, SEC.15.
IC 14-22-9-5
Minnows and crayfish; transportation outside state
Sec. 5. (a) This section does not apply to a person engaged incommercially raising in private waters:
(1) minnows;
(2) crayfish; or
(3) game fish;
for the purpose of sale.
(b) As used in this section, "private waters" means water whollyon the land of an individual that:
(1) is not connected with public waters; and
(2) will not allow the ingress of fish.
(c) A person may not transport outside Indiana more than onehundred (100) minnows or one hundred (100) crayfish in atwenty-four (24) hour period.
As added by P.L.1-1995, SEC.15.
IC 14-22-9-6
Waste disposal
Sec. 6. All offal or filth of any kind accruing from the catching,curing, cleaning, or shipping of fish in or near the water of LakeMichigan shall be burned, buried, or otherwise disposed of in asanitary manner that:
(1) does not pollute the water; and
(2) is not or does not become detrimental to public health orcomfort.
As added by P.L.1-1995, SEC.15.
IC 14-22-9-7
Sale of fish
Sec. 7. (a) This section does not apply to the sale of fish producedin private ponds for sale or for breeding and stocking purposes if the
owner obtains a permit from the director under the rules adopted bythe department and conditions provided in the permit.
(b) A person may not sell, barter, or exchange, offer to sell, barter,or exchange, or purchase or offer to purchase fish protected by law,whether taken in Indiana, the boundary waters of the state, or someother state and brought into Indiana, except as otherwise provided inthis article. Restaurants, hotels, boardinghouses, or eating housesmay prepare and serve during the open season to:
(1) a guest, patron, or boarder; and
(2) the family of the guest, patron, or boarder;
fish legally taken in open season in Indiana by the guest, patron, orboarder.
(c) Except as specifically prohibited by law, a person may sell aspecies of hatchery reared fish or fish legally taken outside Indianaunder a valid commercial fishing license or regulation, dead or alive,dressed or undressed, or partly dressed under the rules that thedepartment and the state department of health prescribe if the fish aretagged or labeled in a manner that specifically identifies thefollowing:
(1) The name and address of the seller.
(2) The hatchery.
(3) The commercial fishing license or regulation.
(d) A person may not import and sell a live species of fish that hasnot been approved by the director without a permit from the directorfor this activity.
As added by P.L.1-1995, SEC.15.
IC 14-22-9-8
Stocking fish in waters of the state
Sec. 8. Except as otherwise provided, a person may not stock fishin the following:
(1) Waters containing state owned fish.
(2) Waters of the state.
(3) Boundary waters of the state.
As added by P.L.1-1995, SEC.15.
IC 14-22-9-9
Obstruction of waterways; dams; fish ladders
Sec. 9. (a) This section does not apply to a downstream waterrelease from an existing municipal or fire protection impoundmentthat has not impounded sufficient water for release.
(b) A person may not stretch, place, or set an obstruction, otherthan a dam, across a waterway of Indiana or boundary waters of thestate that prevents fish from ascending or descending a waterway.
(c) A person who owns, operates, or controls a dam:
(1) whose impounded water is withdrawn for municipal,industrial, electrical, agricultural, mining, or any other use; and
(2) across a waterway of Indiana or boundary water of Indianawhose watershed is greater than fifty (50) square miles;
may be required to incorporate into the structure sufficient water
storage head to maintain during periods of minimum stream flow adownstream discharge equal to the inflow into the impoundmentcreated by the dam and to maintain a sufficient head of water abovethe dam to support fish life. A person described in this subsectionshall maintain during periods of minimum stream flow a downstreamdischarge equal to the inflow into the impoundment created by thedam.
(d) An owner of a dam across a waterway of Indiana or boundarywater of Indiana whose watershed is greater than fifty (50) squaremiles may be required to construct and maintain the following:
(1) Fish ladders on the dam sufficient to allow the fish belowthe dam to pass over the dam into the water above the dam.
(2) A passageway around and over the dam sufficient to allowthe upstream and downstream hand-carrying of small boats forthe purpose of navigation.
The fish ladders or boat passage shall be constructed in the mannerand of the materials that are prescribed by the director.
(e) The department shall enforce and administer this section.
(f) A person who violates this section commits a Class Cinfraction. Each day that a violation continues constitutes a separateoffense.
(g) The remedy afforded by this section does not deprive anaggrieved person from seeking redress by any other remedy:
(1) provided by statute; or
(2) under law.
As added by P.L.1-1995, SEC.15.
IC 14-22-9-10
Control of aquatic vegetation
Sec. 10. (a) This section does not apply to the following:
(1) A privately owned lake, farm pond, or public or privatedrainage ditch.
(2) A landowner or tenant adjacent to public waters or boundarywaters of the state, who chemically, mechanically, or physicallycontrols aquatic vegetation in the immediate vicinity of a boatlanding or bathing beach on or adjacent to the real property ofthe landowner or tenant if the following conditions exist:
(A) The area where vegetation is to be controlled does notexceed:
(i) twenty-five (25) feet along the legally established,average, or normal shoreline;
(ii) a water depth of six (6) feet; and
(iii) a total surface area of six hundred twenty-five (625)square feet.
(B) Control of vegetation does not occur in a publicwaterway of the state.
(b) A person may not chemically, mechanically, physically, orbiologically control aquatic vegetation in the public waters orboundary waters of the state without a permit issued by thedepartment. All procedures to control aquatic vegetation under this
section shall be conducted in accordance with rules adopted by thedepartment under IC 4-22-2.
(c) Upon receipt of an application for a permit to control aquaticvegetation and the payment of a fee of five dollars ($5), thedepartment may issue a permit to the applicant. However, if theaquatic vegetation proposed to be controlled is present in a publicwater supply, the department may not, without prior written approvalfrom the department of environmental management, approve a permitfor chemical control of the aquatic vegetation.
(d) This section does not do any of the following:
(1) Act as a bar to a suit or cause of action by a person orgovernmental agency.
(2) Relieve the permittee from liability, rules, restrictions, orpermits that may be required of the permittee by any othergovernmental agency.
(3) Affect water pollution control laws (as defined inIC 13-11-2-261) and the rules adopted under water pollutioncontrol laws (as defined in IC 13-11-2-261).
As added by P.L.1-1995, SEC.15. Amended by P.L.1-1996, SEC.64;P.L.19-2002, SEC.1.