IC 14-22-14
Chapter 14. Commercial Fishing License for Lake Michigan
IC 14-22-14-1 "Commercial fishing" defined
Sec. 1. As used in this chapter, "commercial fishing" means the
taking of fish by means of commercial fishing gear. As added by P.L.1-1995, SEC.15.
IC 14-22-14-2 "Commercial fishing gear" defined
Sec. 2. As used in this chapter, "commercial fishing gear" means
fishing equipment, including boats, nets, and other equipment, used
to take fish from Lake Michigan to sell at wholesale or retail. As added by P.L.1-1995, SEC.15.
IC 14-22-14-3 "Commercial fishing license" defined
Sec. 3. As used in this chapter, "commercial fishing license"
refers to a commercial fishing license issued under this chapter. As added by P.L.1-1995, SEC.15.
IC 14-22-14-4 "Lake Michigan" defined
Sec. 4. As used in this chapter, "Lake Michigan" refers to the
waters of Lake Michigan that are within Indiana. As added by P.L.1-1995, SEC.15.
IC 14-22-14-5 License requirement
Sec. 5. A person must have a commercial fishing license to take
fish from Lake Michigan with commercial fishing gear. As added by P.L.1-1995, SEC.15.
IC 14-22-14-6 Conditions
Sec. 6. To be eligible to hold a commercial fishing license, the
following conditions must be met:
(1) If the person is not a corporation, all individuals comprising
the person must be residents of Indiana.
(2) If the person is a corporation, the corporation must be an
Indiana corporation and all shareholders in the corporation must
be residents of Indiana. As added by P.L.1-1995, SEC.15.
IC 14-22-14-7 Renewal powers of department
Sec. 7. The department may renew a commercial fishing license,
but may not issue an original commercial fishing license. As added by P.L.1-1995, SEC.15. IC 14-22-14-8 Classes of licenses
Sec. 8. Commercial fishing licenses are designated as follows:
(1) Class 1.
(2) Class 2.
(3) Class 3. As added by P.L.1-1995, SEC.15.
IC 14-22-14-9 Expiration, renewal, or reservation; report on yellow perch
Sec. 9. (a) A commercial fishing license:
(1) expires December 31 of the year for which the license was
issued or reserved;
(2) may be renewed or reserved annually; however, if an
application to renew or reserve a license is not received by the
department before February 1 of the year following the
expiration or reserved period of the license, the license may not
be renewed, reserved, or reinstated;
(3) that is reserved is inactive and may not be used, merged,
transferred, or converted during the reserved year; and
(4) may be reserved for one (1) year for a fee of twenty-five
dollars ($25).
(b) The department shall report annually to the natural resources
committees of the house of representatives and the senate for the
purpose of updating the status of yellow perch in Lake Michigan as
it affects sport and commercial fishing and fishermen in Indiana. As added by P.L.1-1995, SEC.15. Amended by P.L.136-1997, SEC.5.
IC 14-22-14-10 Renewal fees
Sec. 10. The renewal fees for commercial fishing licenses are as
follows:
(1) Class 1, three thousand dollars ($3,000).
(2) Class 2, six thousand dollars ($6,000).
(3) Class 3, nine thousand dollars ($9,000). As added by P.L.1-1995, SEC.15.
IC 14-22-14-11 Transfer of licenses
Sec. 11. Except as provided under section 9 of this chapter, and
subject to section 12 of this chapter, a commercial fishing license
may be transferred from one (1) person to another. As added by P.L.1-1995, SEC.15. Amended by P.L.136-1997, SEC.6.
IC 14-22-14-12 Interest in more than one license
Sec. 12. (a) Except as provided in sections 13 and 14 of this
chapter, a person may not hold or have an interest in more than one
(1) commercial fishing license.
(b) If a person having an interest in one (1) commercial fishing
license acquires an interest in a second commercial fishing license:
(1) the second license is valid; and
(2) the person is considered to have surrendered the first
license. The first license may not be reinstated. As added by P.L.1-1995, SEC.15.
IC 14-22-14-13 Merger of licenses
Sec. 13. A person holding a Class 1 or Class 2 license may
acquire another license for the purpose of merging the licenses to
form a Class 2 or Class 3 license as follows:
(1) At the time a person holding a Class 1 license acquires
another Class 1 license, the two (2) licenses merge and become
a Class 2 license.
(2) At the time a person holding:
(A) a Class 1 license acquires a Class 2 license; or
(B) a Class 2 license acquires a Class 1 license;
the two (2) licenses merge and become a Class 3 license. As added by P.L.1-1995, SEC.15.
IC 14-22-14-14 Conversion of licenses
Sec. 14. A person holding a Class 1 license and a person holding
a Class 3 license may convert the licenses to two (2) Class 2 licenses. As added by P.L.1-1995, SEC.15.
IC 14-22-14-15 Rules for transfer, merger, or conversion of licenses; fees
Sec. 15. (a) The commission may adopt rules to establish
procedures for the:
(1) transfer;
(2) merger; or
(3) exchange;
of commercial fishing licenses.
(b) The fee for processing:
(1) a transfer;
(2) a merger; or
(3) an exchange;
of a commercial fishing license under this chapter is one hundred
dollars ($100). As added by P.L.1-1995, SEC.15.
IC 14-22-14-16 Surrender and exchange of license
Sec. 16. A Class 2 or Class 3 commercial fishing license may be
surrendered to the department in exchange for a Class 1 or Class 2
license. This is not considered to be the issuance of an original
license. As added by P.L.1-1995, SEC.15. IC 14-22-14-17 Documentation
Sec. 17. Each boat engaged in commercial fishing must carry
documentation specified by rules adopted by the commission that the
boat is operating under the authority of a commercial fishing license. As added by P.L.1-1995, SEC.15.
IC 14-22-14-18 Designation of captain
Sec. 18. (a) The holder of a commercial fishing license must, in
the manner established by rules adopted by the commission,
designate an individual as captain of a boat operated by the holder of
a commercial fishing license. A designated captain must meet the
following conditions:
(1) Be a resident of Indiana.
(2) Have experience as a commercial fisherman.
(3) Possess other qualifications established by rules adopted by
the commission.
(b) Except in an emergency, as defined under rules adopted by the
commission, an individual who is designated as a captain by the
holder of one (1) commercial fishing license may not:
(1) be designated as a captain by; or
(2) work for;
the holder of another commercial fishing license. Notice to the
department of the emergency designation of a captain must be
provided under rules adopted by the commission. As added by P.L.1-1995, SEC.15.
IC 14-22-14-19 Presence of captain on boat
Sec. 19. An individual designated as captain under section 18 of
this chapter must be aboard each commercial fishing boat of the
holder of the commercial fishing license while the boat is engaged in
an activity related to commercial fishing. As added by P.L.1-1995, SEC.15.
IC 14-22-14-20 Powers of department to protect resources
Sec. 20. (a) The department shall regulate commercial fishing in
Lake Michigan to protect the resource of fish for commercial and
sport fishing.
(b) To protect the resource of fish in Lake Michigan, the
department shall regulate the number of nets that may be used by
persons who have been issued a commercial fishing license as
follows:
(1) Persons who have a Class 2 license are entitled to use two
(2) times the number of nets as persons who have a Class 1
license.
(2) Persons who have a Class 3 license are entitled to use three
(3) times the number of nets as persons who have a Class 1
license. As added by P.L.1-1995, SEC.15.
IC 14-22-14-21 Rules to protect resources
Sec. 21. The commission may adopt rules to establish restrictions
on the following:
(1) Localities that may be fished.
(2) The kind, mesh size, and quantity of fishing gear that may
be used.
(3) The quantity of fish that may be taken.
(4) Other restrictions the commission considers necessary to
protect the fishing resource in Lake Michigan. As added by P.L.1-1995, SEC.15.
IC 14-22-14-22 Gill nets prohibited
Sec. 22. (a) Fish may not be taken from Lake Michigan by means
of a gill net.
(b) The commercial fishing license of a person who takes fish
from Lake Michigan by means of a gill net:
(1) terminates at the time of the violation; and
(2) may not be reinstated. As added by P.L.1-1995, SEC.15.
IC 14-22-14-23 Records and reports
Sec. 23. (a) A person who has a commercial fishing license must
keep accurate records of each day's catch showing the following:
(1) The number of pounds of each kind of fish taken.
(2) The locality fished.
(3) The kind and amount of fishing gear employed.
(4) The length of time each unit of gear was fished without
being lifted.
(5) Other information the commission considers to be relevant
under this chapter.
(b) Before the sixteenth day of each month, each person holding
a commercial fishing license shall report, under oath when requested
to do so, all the data for the preceding month required under
subsection (a) to the director upon forms furnished by the director.
The reports required by this section shall be made each month
whether or not any fish were taken during the preceding month. If no
fish were taken, that fact shall be noted. As added by P.L.1-1995, SEC.15.
IC 14-22-14-24 Making reports condition of issuance of license
Sec. 24. A commercial fishing license is issued upon the condition
that the licensee agrees to make all reports to the director required by
the following:
(1) This chapter.
(2) Rules adopted under this chapter. As added by P.L.1-1995, SEC.15.
IC 14-22-14-25 Inadvertent noncompliance
Sec. 25. Inadvertent failure to comply with the terms of:
(1) a license;
(2) this chapter or IC 14-2-12 (before its repeal); or
(3) rules adopted or orders issued under:
(A) IC 14-2-12 (before its repeal); or
(B) this chapter;
is grounds for suspension of the license for not more than one (1)
year. As added by P.L.1-1995, SEC.15.
IC 14-22-14-26 Knowing or intentional noncompliance
Sec. 26. (a) Knowing or intentional failure to comply with the
terms of:
(1) a license;
(2) this chapter or IC 14-2-12 (before its repeal); or
(3) rules adopted or orders issued under:
(A) IC 14-2-12 (before its repeal); or
(B) this chapter;
is grounds for revocation of the license.
(b) A license revoked under this section may not be reinstated. As added by P.L.1-1995, SEC.15.
IC 14-22-14-27 Implementation of chapter
Sec. 27. (a) The director may do all things necessary to carry out
this chapter.
(b) The commission shall adopt rules under IC 4-22-2 to
implement this chapter. As added by P.L.1-1995, SEC.15.
IC 14-22-14
Chapter 14. Commercial Fishing License for Lake Michigan
IC 14-22-14-1 "Commercial fishing" defined
Sec. 1. As used in this chapter, "commercial fishing" means the
taking of fish by means of commercial fishing gear. As added by P.L.1-1995, SEC.15.
IC 14-22-14-2 "Commercial fishing gear" defined
Sec. 2. As used in this chapter, "commercial fishing gear" means
fishing equipment, including boats, nets, and other equipment, used
to take fish from Lake Michigan to sell at wholesale or retail. As added by P.L.1-1995, SEC.15.
IC 14-22-14-3 "Commercial fishing license" defined
Sec. 3. As used in this chapter, "commercial fishing license"
refers to a commercial fishing license issued under this chapter. As added by P.L.1-1995, SEC.15.
IC 14-22-14-4 "Lake Michigan" defined
Sec. 4. As used in this chapter, "Lake Michigan" refers to the
waters of Lake Michigan that are within Indiana. As added by P.L.1-1995, SEC.15.
IC 14-22-14-5 License requirement
Sec. 5. A person must have a commercial fishing license to take
fish from Lake Michigan with commercial fishing gear. As added by P.L.1-1995, SEC.15.
IC 14-22-14-6 Conditions
Sec. 6. To be eligible to hold a commercial fishing license, the
following conditions must be met:
(1) If the person is not a corporation, all individuals comprising
the person must be residents of Indiana.
(2) If the person is a corporation, the corporation must be an
Indiana corporation and all shareholders in the corporation must
be residents of Indiana. As added by P.L.1-1995, SEC.15.
IC 14-22-14-7 Renewal powers of department
Sec. 7. The department may renew a commercial fishing license,
but may not issue an original commercial fishing license. As added by P.L.1-1995, SEC.15. IC 14-22-14-8 Classes of licenses
Sec. 8. Commercial fishing licenses are designated as follows:
(1) Class 1.
(2) Class 2.
(3) Class 3. As added by P.L.1-1995, SEC.15.
IC 14-22-14-9 Expiration, renewal, or reservation; report on yellow perch
Sec. 9. (a) A commercial fishing license:
(1) expires December 31 of the year for which the license was
issued or reserved;
(2) may be renewed or reserved annually; however, if an
application to renew or reserve a license is not received by the
department before February 1 of the year following the
expiration or reserved period of the license, the license may not
be renewed, reserved, or reinstated;
(3) that is reserved is inactive and may not be used, merged,
transferred, or converted during the reserved year; and
(4) may be reserved for one (1) year for a fee of twenty-five
dollars ($25).
(b) The department shall report annually to the natural resources
committees of the house of representatives and the senate for the
purpose of updating the status of yellow perch in Lake Michigan as
it affects sport and commercial fishing and fishermen in Indiana. As added by P.L.1-1995, SEC.15. Amended by P.L.136-1997, SEC.5.
IC 14-22-14-10 Renewal fees
Sec. 10. The renewal fees for commercial fishing licenses are as
follows:
(1) Class 1, three thousand dollars ($3,000).
(2) Class 2, six thousand dollars ($6,000).
(3) Class 3, nine thousand dollars ($9,000). As added by P.L.1-1995, SEC.15.
IC 14-22-14-11 Transfer of licenses
Sec. 11. Except as provided under section 9 of this chapter, and
subject to section 12 of this chapter, a commercial fishing license
may be transferred from one (1) person to another. As added by P.L.1-1995, SEC.15. Amended by P.L.136-1997, SEC.6.
IC 14-22-14-12 Interest in more than one license
Sec. 12. (a) Except as provided in sections 13 and 14 of this
chapter, a person may not hold or have an interest in more than one
(1) commercial fishing license.
(b) If a person having an interest in one (1) commercial fishing
license acquires an interest in a second commercial fishing license:
(1) the second license is valid; and
(2) the person is considered to have surrendered the first
license. The first license may not be reinstated. As added by P.L.1-1995, SEC.15.
IC 14-22-14-13 Merger of licenses
Sec. 13. A person holding a Class 1 or Class 2 license may
acquire another license for the purpose of merging the licenses to
form a Class 2 or Class 3 license as follows:
(1) At the time a person holding a Class 1 license acquires
another Class 1 license, the two (2) licenses merge and become
a Class 2 license.
(2) At the time a person holding:
(A) a Class 1 license acquires a Class 2 license; or
(B) a Class 2 license acquires a Class 1 license;
the two (2) licenses merge and become a Class 3 license. As added by P.L.1-1995, SEC.15.
IC 14-22-14-14 Conversion of licenses
Sec. 14. A person holding a Class 1 license and a person holding
a Class 3 license may convert the licenses to two (2) Class 2 licenses. As added by P.L.1-1995, SEC.15.
IC 14-22-14-15 Rules for transfer, merger, or conversion of licenses; fees
Sec. 15. (a) The commission may adopt rules to establish
procedures for the:
(1) transfer;
(2) merger; or
(3) exchange;
of commercial fishing licenses.
(b) The fee for processing:
(1) a transfer;
(2) a merger; or
(3) an exchange;
of a commercial fishing license under this chapter is one hundred
dollars ($100). As added by P.L.1-1995, SEC.15.
IC 14-22-14-16 Surrender and exchange of license
Sec. 16. A Class 2 or Class 3 commercial fishing license may be
surrendered to the department in exchange for a Class 1 or Class 2
license. This is not considered to be the issuance of an original
license. As added by P.L.1-1995, SEC.15. IC 14-22-14-17 Documentation
Sec. 17. Each boat engaged in commercial fishing must carry
documentation specified by rules adopted by the commission that the
boat is operating under the authority of a commercial fishing license. As added by P.L.1-1995, SEC.15.
IC 14-22-14-18 Designation of captain
Sec. 18. (a) The holder of a commercial fishing license must, in
the manner established by rules adopted by the commission,
designate an individual as captain of a boat operated by the holder of
a commercial fishing license. A designated captain must meet the
following conditions:
(1) Be a resident of Indiana.
(2) Have experience as a commercial fisherman.
(3) Possess other qualifications established by rules adopted by
the commission.
(b) Except in an emergency, as defined under rules adopted by the
commission, an individual who is designated as a captain by the
holder of one (1) commercial fishing license may not:
(1) be designated as a captain by; or
(2) work for;
the holder of another commercial fishing license. Notice to the
department of the emergency designation of a captain must be
provided under rules adopted by the commission. As added by P.L.1-1995, SEC.15.
IC 14-22-14-19 Presence of captain on boat
Sec. 19. An individual designated as captain under section 18 of
this chapter must be aboard each commercial fishing boat of the
holder of the commercial fishing license while the boat is engaged in
an activity related to commercial fishing. As added by P.L.1-1995, SEC.15.
IC 14-22-14-20 Powers of department to protect resources
Sec. 20. (a) The department shall regulate commercial fishing in
Lake Michigan to protect the resource of fish for commercial and
sport fishing.
(b) To protect the resource of fish in Lake Michigan, the
department shall regulate the number of nets that may be used by
persons who have been issued a commercial fishing license as
follows:
(1) Persons who have a Class 2 license are entitled to use two
(2) times the number of nets as persons who have a Class 1
license.
(2) Persons who have a Class 3 license are entitled to use three
(3) times the number of nets as persons who have a Class 1
license. As added by P.L.1-1995, SEC.15.
IC 14-22-14-21 Rules to protect resources
Sec. 21. The commission may adopt rules to establish restrictions
on the following:
(1) Localities that may be fished.
(2) The kind, mesh size, and quantity of fishing gear that may
be used.
(3) The quantity of fish that may be taken.
(4) Other restrictions the commission considers necessary to
protect the fishing resource in Lake Michigan. As added by P.L.1-1995, SEC.15.
IC 14-22-14-22 Gill nets prohibited
Sec. 22. (a) Fish may not be taken from Lake Michigan by means
of a gill net.
(b) The commercial fishing license of a person who takes fish
from Lake Michigan by means of a gill net:
(1) terminates at the time of the violation; and
(2) may not be reinstated. As added by P.L.1-1995, SEC.15.
IC 14-22-14-23 Records and reports
Sec. 23. (a) A person who has a commercial fishing license must
keep accurate records of each day's catch showing the following:
(1) The number of pounds of each kind of fish taken.
(2) The locality fished.
(3) The kind and amount of fishing gear employed.
(4) The length of time each unit of gear was fished without
being lifted.
(5) Other information the commission considers to be relevant
under this chapter.
(b) Before the sixteenth day of each month, each person holding
a commercial fishing license shall report, under oath when requested
to do so, all the data for the preceding month required under
subsection (a) to the director upon forms furnished by the director.
The reports required by this section shall be made each month
whether or not any fish were taken during the preceding month. If no
fish were taken, that fact shall be noted. As added by P.L.1-1995, SEC.15.
IC 14-22-14-24 Making reports condition of issuance of license
Sec. 24. A commercial fishing license is issued upon the condition
that the licensee agrees to make all reports to the director required by
the following:
(1) This chapter.
(2) Rules adopted under this chapter. As added by P.L.1-1995, SEC.15.
IC 14-22-14-25 Inadvertent noncompliance
Sec. 25. Inadvertent failure to comply with the terms of:
(1) a license;
(2) this chapter or IC 14-2-12 (before its repeal); or
(3) rules adopted or orders issued under:
(A) IC 14-2-12 (before its repeal); or
(B) this chapter;
is grounds for suspension of the license for not more than one (1)
year. As added by P.L.1-1995, SEC.15.
IC 14-22-14-26 Knowing or intentional noncompliance
Sec. 26. (a) Knowing or intentional failure to comply with the
terms of:
(1) a license;
(2) this chapter or IC 14-2-12 (before its repeal); or
(3) rules adopted or orders issued under:
(A) IC 14-2-12 (before its repeal); or
(B) this chapter;
is grounds for revocation of the license.
(b) A license revoked under this section may not be reinstated. As added by P.L.1-1995, SEC.15.
IC 14-22-14-27 Implementation of chapter
Sec. 27. (a) The director may do all things necessary to carry out
this chapter.
(b) The commission shall adopt rules under IC 4-22-2 to
implement this chapter. As added by P.L.1-1995, SEC.15.
IC 14-22-14
Chapter 14. Commercial Fishing License for Lake Michigan
IC 14-22-14-1 "Commercial fishing" defined
Sec. 1. As used in this chapter, "commercial fishing" means the
taking of fish by means of commercial fishing gear. As added by P.L.1-1995, SEC.15.
IC 14-22-14-2 "Commercial fishing gear" defined
Sec. 2. As used in this chapter, "commercial fishing gear" means
fishing equipment, including boats, nets, and other equipment, used
to take fish from Lake Michigan to sell at wholesale or retail. As added by P.L.1-1995, SEC.15.
IC 14-22-14-3 "Commercial fishing license" defined
Sec. 3. As used in this chapter, "commercial fishing license"
refers to a commercial fishing license issued under this chapter. As added by P.L.1-1995, SEC.15.
IC 14-22-14-4 "Lake Michigan" defined
Sec. 4. As used in this chapter, "Lake Michigan" refers to the
waters of Lake Michigan that are within Indiana. As added by P.L.1-1995, SEC.15.
IC 14-22-14-5 License requirement
Sec. 5. A person must have a commercial fishing license to take
fish from Lake Michigan with commercial fishing gear. As added by P.L.1-1995, SEC.15.
IC 14-22-14-6 Conditions
Sec. 6. To be eligible to hold a commercial fishing license, the
following conditions must be met:
(1) If the person is not a corporation, all individuals comprising
the person must be residents of Indiana.
(2) If the person is a corporation, the corporation must be an
Indiana corporation and all shareholders in the corporation must
be residents of Indiana. As added by P.L.1-1995, SEC.15.
IC 14-22-14-7 Renewal powers of department
Sec. 7. The department may renew a commercial fishing license,
but may not issue an original commercial fishing license. As added by P.L.1-1995, SEC.15. IC 14-22-14-8 Classes of licenses
Sec. 8. Commercial fishing licenses are designated as follows:
(1) Class 1.
(2) Class 2.
(3) Class 3. As added by P.L.1-1995, SEC.15.
IC 14-22-14-9 Expiration, renewal, or reservation; report on yellow perch
Sec. 9. (a) A commercial fishing license:
(1) expires December 31 of the year for which the license was
issued or reserved;
(2) may be renewed or reserved annually; however, if an
application to renew or reserve a license is not received by the
department before February 1 of the year following the
expiration or reserved period of the license, the license may not
be renewed, reserved, or reinstated;
(3) that is reserved is inactive and may not be used, merged,
transferred, or converted during the reserved year; and
(4) may be reserved for one (1) year for a fee of twenty-five
dollars ($25).
(b) The department shall report annually to the natural resources
committees of the house of representatives and the senate for the
purpose of updating the status of yellow perch in Lake Michigan as
it affects sport and commercial fishing and fishermen in Indiana. As added by P.L.1-1995, SEC.15. Amended by P.L.136-1997, SEC.5.
IC 14-22-14-10 Renewal fees
Sec. 10. The renewal fees for commercial fishing licenses are as
follows:
(1) Class 1, three thousand dollars ($3,000).
(2) Class 2, six thousand dollars ($6,000).
(3) Class 3, nine thousand dollars ($9,000). As added by P.L.1-1995, SEC.15.
IC 14-22-14-11 Transfer of licenses
Sec. 11. Except as provided under section 9 of this chapter, and
subject to section 12 of this chapter, a commercial fishing license
may be transferred from one (1) person to another. As added by P.L.1-1995, SEC.15. Amended by P.L.136-1997, SEC.6.
IC 14-22-14-12 Interest in more than one license
Sec. 12. (a) Except as provided in sections 13 and 14 of this
chapter, a person may not hold or have an interest in more than one
(1) commercial fishing license.
(b) If a person having an interest in one (1) commercial fishing
license acquires an interest in a second commercial fishing license:
(1) the second license is valid; and
(2) the person is considered to have surrendered the first
license. The first license may not be reinstated. As added by P.L.1-1995, SEC.15.
IC 14-22-14-13 Merger of licenses
Sec. 13. A person holding a Class 1 or Class 2 license may
acquire another license for the purpose of merging the licenses to
form a Class 2 or Class 3 license as follows:
(1) At the time a person holding a Class 1 license acquires
another Class 1 license, the two (2) licenses merge and become
a Class 2 license.
(2) At the time a person holding:
(A) a Class 1 license acquires a Class 2 license; or
(B) a Class 2 license acquires a Class 1 license;
the two (2) licenses merge and become a Class 3 license. As added by P.L.1-1995, SEC.15.
IC 14-22-14-14 Conversion of licenses
Sec. 14. A person holding a Class 1 license and a person holding
a Class 3 license may convert the licenses to two (2) Class 2 licenses. As added by P.L.1-1995, SEC.15.
IC 14-22-14-15 Rules for transfer, merger, or conversion of licenses; fees
Sec. 15. (a) The commission may adopt rules to establish
procedures for the:
(1) transfer;
(2) merger; or
(3) exchange;
of commercial fishing licenses.
(b) The fee for processing:
(1) a transfer;
(2) a merger; or
(3) an exchange;
of a commercial fishing license under this chapter is one hundred
dollars ($100). As added by P.L.1-1995, SEC.15.
IC 14-22-14-16 Surrender and exchange of license
Sec. 16. A Class 2 or Class 3 commercial fishing license may be
surrendered to the department in exchange for a Class 1 or Class 2
license. This is not considered to be the issuance of an original
license. As added by P.L.1-1995, SEC.15. IC 14-22-14-17 Documentation
Sec. 17. Each boat engaged in commercial fishing must carry
documentation specified by rules adopted by the commission that the
boat is operating under the authority of a commercial fishing license. As added by P.L.1-1995, SEC.15.
IC 14-22-14-18 Designation of captain
Sec. 18. (a) The holder of a commercial fishing license must, in
the manner established by rules adopted by the commission,
designate an individual as captain of a boat operated by the holder of
a commercial fishing license. A designated captain must meet the
following conditions:
(1) Be a resident of Indiana.
(2) Have experience as a commercial fisherman.
(3) Possess other qualifications established by rules adopted by
the commission.
(b) Except in an emergency, as defined under rules adopted by the
commission, an individual who is designated as a captain by the
holder of one (1) commercial fishing license may not:
(1) be designated as a captain by; or
(2) work for;
the holder of another commercial fishing license. Notice to the
department of the emergency designation of a captain must be
provided under rules adopted by the commission. As added by P.L.1-1995, SEC.15.
IC 14-22-14-19 Presence of captain on boat
Sec. 19. An individual designated as captain under section 18 of
this chapter must be aboard each commercial fishing boat of the
holder of the commercial fishing license while the boat is engaged in
an activity related to commercial fishing. As added by P.L.1-1995, SEC.15.
IC 14-22-14-20 Powers of department to protect resources
Sec. 20. (a) The department shall regulate commercial fishing in
Lake Michigan to protect the resource of fish for commercial and
sport fishing.
(b) To protect the resource of fish in Lake Michigan, the
department shall regulate the number of nets that may be used by
persons who have been issued a commercial fishing license as
follows:
(1) Persons who have a Class 2 license are entitled to use two
(2) times the number of nets as persons who have a Class 1
license.
(2) Persons who have a Class 3 license are entitled to use three
(3) times the number of nets as persons who have a Class 1
license. As added by P.L.1-1995, SEC.15.
IC 14-22-14-21 Rules to protect resources
Sec. 21. The commission may adopt rules to establish restrictions
on the following:
(1) Localities that may be fished.
(2) The kind, mesh size, and quantity of fishing gear that may
be used.
(3) The quantity of fish that may be taken.
(4) Other restrictions the commission considers necessary to
protect the fishing resource in Lake Michigan. As added by P.L.1-1995, SEC.15.
IC 14-22-14-22 Gill nets prohibited
Sec. 22. (a) Fish may not be taken from Lake Michigan by means
of a gill net.
(b) The commercial fishing license of a person who takes fish
from Lake Michigan by means of a gill net:
(1) terminates at the time of the violation; and
(2) may not be reinstated. As added by P.L.1-1995, SEC.15.
IC 14-22-14-23 Records and reports
Sec. 23. (a) A person who has a commercial fishing license must
keep accurate records of each day's catch showing the following:
(1) The number of pounds of each kind of fish taken.
(2) The locality fished.
(3) The kind and amount of fishing gear employed.
(4) The length of time each unit of gear was fished without
being lifted.
(5) Other information the commission considers to be relevant
under this chapter.
(b) Before the sixteenth day of each month, each person holding
a commercial fishing license shall report, under oath when requested
to do so, all the data for the preceding month required under
subsection (a) to the director upon forms furnished by the director.
The reports required by this section shall be made each month
whether or not any fish were taken during the preceding month. If no
fish were taken, that fact shall be noted. As added by P.L.1-1995, SEC.15.
IC 14-22-14-24 Making reports condition of issuance of license
Sec. 24. A commercial fishing license is issued upon the condition
that the licensee agrees to make all reports to the director required by
the following:
(1) This chapter.
(2) Rules adopted under this chapter. As added by P.L.1-1995, SEC.15.
IC 14-22-14-25 Inadvertent noncompliance
Sec. 25. Inadvertent failure to comply with the terms of:
(1) a license;
(2) this chapter or IC 14-2-12 (before its repeal); or
(3) rules adopted or orders issued under:
(A) IC 14-2-12 (before its repeal); or
(B) this chapter;
is grounds for suspension of the license for not more than one (1)
year. As added by P.L.1-1995, SEC.15.
IC 14-22-14-26 Knowing or intentional noncompliance
Sec. 26. (a) Knowing or intentional failure to comply with the
terms of:
(1) a license;
(2) this chapter or IC 14-2-12 (before its repeal); or
(3) rules adopted or orders issued under:
(A) IC 14-2-12 (before its repeal); or
(B) this chapter;
is grounds for revocation of the license.
(b) A license revoked under this section may not be reinstated. As added by P.L.1-1995, SEC.15.
IC 14-22-14-27 Implementation of chapter
Sec. 27. (a) The director may do all things necessary to carry out
this chapter.
(b) The commission shall adopt rules under IC 4-22-2 to
implement this chapter. As added by P.L.1-1995, SEC.15.
