Bill Text: IN HB1563 | 2013 | Regular Session | Engrossed
Bill Title: Natural resources matters.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2013-05-13 - Public Law 289 [HB1563 Detail]
Download: Indiana-2013-HB1563-Engrossed.html
Citations Affected: IC 14-8; IC 14-15; IC 14-21; IC 14-22; IC 25-39;
IC 35-51.
Effective: July 1, 2013.
(SENATE SPONSORS _ YODER, YOUNG R, MISHLER, BANKS)
January 22, 2013, read first time and referred to Committee on Natural Resources.
February 5, 2013, reported _ Do Pass.
February 11, 2013, read second time, amended, ordered engrossed.
February 12, 2013, engrossed. Read third time, passed. Yeas 95, nays 2.
February 25, 2013, read first time and referred to Committee on Agriculture and Natural Resources.
March 19, 2013, amended, reported favorably _ Do Pass.
Digest Continued
same of an Indiana resident. Repeals a provision that prohibits a nonresident from certain field activities with a dog if Indiana residents are not permitted to do the same in the nonresident's state. Allows the department to establish a date to submit a report of all purchases of furbearing mammals to the department. Provides that a person who takes or possesses a deer or wild turkey: (1) unlawfully; (2) by illegal methods; or (3) with illegal devices; while using or possessing a silencer commits a Class C misdemeanor. Makes hunting on private land without the permission of the owner a Class B misdemeanor if the person does so while using or possessing a silencer. Provides that a person who acts as a water well pump installer without a license commits a Class B misdemeanor. Removes a certain provision concerning when hunters must wear hunter orange. Reduces all hunter orange violations to a Class D infraction. Clarifies when an owner of a shooting range is liable for noise or noise pollution.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources.
(1) The type, construction, and condition or state of repair of the boat.
(2) The conditions and hazards, actual and potential, then
existing, including weather and density of traffic.
(1) the personal watercraft is at least nine (9) feet long;
(2) the personal watercraft is designed to seat at least three (3) individuals;
(3) an individual other than the operator of the personal watercraft is aboard the personal watercraft, acting as an observer; and
(4) the total number of persons on the watercraft and being towed is not more than the capacity of the watercraft.
(b) The review board consists of nine (9) members as follows:
(1) The director or the director's designee.
(2) At least five (5) individuals meeting minimum professional requirements established by the United States Department of the Interior in 36 CFR, Part 61, as in effect on January 1, 1984.
(3) Professionals in the following disciplines:
(A) History.
(B) Prehistoric or historic archeology.
(C) Architecture or historical architecture.
(c) The division director is a nonvoting advisor to the review board entitled to attend and participate in the proceedings of all meetings of the review board.
(d) The director shall, with the concurrence of the governor, appoint the members of the review board under subsection (b)(2) and (b)(3) for terms of three (3) years. The terms shall be staggered so that the terms of two (2) or three (3) members expire each year. A member may be reappointed.
(e) Appointments to the review board shall be made in accordance with 36 CFR, Part 60, and 36 CFR, Part 61, as in effect on January 1, 1984.
employee's or individual's action.
(b) An individual may not:
(1) use or possess an apparatus designed for use with or on a
firearm commonly called a silencer; or
(2) use or possess a device used as a silencer;
in Indiana while in the act of hunting.
(b) The department may set a license fee to hunt a migratory waterfowl above the fee established under subsection (a).
(b) The department may set a license fee to hunt a game bird above the fee established under subsection (a).
(b) A yearly trapping license expires on March 31
(1) A resident yearly license to fish, eight dollars and seventy-five cents ($8.75).
(2) A resident yearly license to hunt, eight dollars and seventy-five cents ($8.75).
(3) A resident yearly license to hunt and fish, thirteen dollars and
seventy-five cents ($13.75).
(4) A resident yearly license to trap, eight dollars and seventy-five
cents ($8.75).
(5) A nonresident yearly license to fish, twenty-four dollars and
seventy-five cents ($24.75).
(6) A nonresident yearly license to hunt, sixty dollars and
seventy-five cents ($60.75).
(7) A nonresident yearly license to trap, one hundred seventeen
dollars and seventy-five cents ($117.75). However, a license may
not be issued to a resident of another state if that state does not
give reciprocity rights to Indiana residents similar to those
nonresident trapping privileges extended in Indiana.
(8) A resident or nonresident license to fish, including for trout
and salmon, for one (1) day only, four dollars and seventy-five
cents ($4.75).
(9) A nonresident license to fish, excluding for trout and salmon,
for seven (7) days only, twelve dollars and seventy-five cents
($12.75).
(10) A nonresident license to hunt for five (5) consecutive days
only, twenty-five dollars and seventy-five cents ($25.75).
(11) A resident or nonresident yearly stamp to fish for trout and
salmon, six dollars and seventy-five cents ($6.75).
(12) A resident yearly license to take a deer with a shotgun,
muzzle loading gun, rifle, or handgun, thirteen dollars and
seventy-five cents ($13.75).
(13) A resident yearly license to take a deer with a muzzle loading
gun, thirteen dollars and seventy-five cents ($13.75).
(14) A resident yearly license to take a deer with a bow and
arrow, thirteen dollars and seventy-five cents ($13.75).
(15) A nonresident yearly license to take a deer with a shotgun,
muzzle loading gun, rifle, or handgun, one hundred twenty dollars
and seventy-five cents ($120.75).
(16) A nonresident yearly license to take a deer with a muzzle
loading gun, one hundred twenty dollars and seventy-five cents
($120.75).
(17) A nonresident yearly license to take a deer with a bow and
arrow, one hundred twenty dollars and seventy-five cents
($120.75).
(18) A resident license to take an extra deer by a means, in a
location, and under conditions established by rule adopted by the
department under IC 4-22-2, five dollars ($5).
(19) A nonresident license to take an extra deer by a means, in a
location, and under conditions established by rule adopted by the
department under IC 4-22-2, ten dollars ($10).
(20) A resident yearly license to take a turkey, fourteen dollars
and seventy-five cents ($14.75).
(21) A nonresident yearly license to take a turkey, one hundred
fourteen dollars and seventy-five cents ($114.75). However, if the
state of residence of the nonresident applicant requires that before
a resident of Indiana may take turkey in that state the resident of
Indiana must also purchase another license in addition to a
nonresident license to take turkey, the applicant must also
purchase a nonresident yearly license to hunt under this section.
(22) A resident license to take an extra turkey by a means, in a
location, and under conditions established by rule adopted by the
department under IC 4-22-2, fourteen dollars and seventy-five
cents ($14.75).
(23) A nonresident license to take an extra turkey by a means, in
a location, and under conditions established by rule adopted by
the department under IC 4-22-2, one hundred fourteen dollars and
seventy-five cents ($114.75). However, if the state of residence of
the nonresident applicant requires that before a resident of
Indiana may take a turkey in that state the resident of Indiana
must also purchase another license in addition to a nonresident
license to take a turkey, the applicant must also purchase a
nonresident yearly license to hunt under this section.
(24) A resident youth yearly consolidated license to hunt, trap,
and fish, six dollars ($6). This license is subject to the following:
(A) An applicant must be less than eighteen (18) years of age.
(B) The license is in lieu of the resident yearly license to hunt,
trap, and fish and all other yearly licenses, stamps, or permits
to hunt, trap, and fish for a specific species or by a specific
means.
(25) A nonresident youth yearly license to hunt, seventeen dollars
($17). The applicant must be less than eighteen (18) years of age.
(26) A nonresident youth yearly license to trap, seventeen dollars
($17). The applicant must be less than eighteen (18) years of age.
(27) A nonresident youth yearly license to take a turkey,
twenty-five dollars ($25). The applicant must be less than
eighteen (18) years of age. However, if the state of residence of
the nonresident applicant requires that before a resident of
Indiana may take a turkey in that state the resident of Indiana
must also purchase another license in addition to a nonresident
license to take a turkey, the applicant must also purchase a
nonresident youth yearly license to hunt under this section.
(28) A nonresident youth license to take an extra turkey by a
means, in a location, and under conditions established by rule
adopted by the department under IC 4-22-2, twenty-five dollars
($25). The applicant must be less than eighteen (18) years of age.
However, if the state of residence of the nonresident applicant
requires that before a resident of Indiana may take a turkey in that
state the resident of Indiana must also purchase another license in
addition to a nonresident license to take a turkey, the applicant
must also purchase a nonresident youth yearly license to hunt
under this section.
(29) A nonresident youth yearly license to take a deer with a
shotgun, muzzle loading gun, or rifle, twenty-four dollars ($24).
The applicant must be less than eighteen (18) years of age.
(30) A nonresident youth yearly license to take a deer with a
muzzle loading gun, twenty-four dollars ($24). The applicant
must be less than eighteen (18) years of age.
(31) A nonresident youth yearly license to take a deer with a bow
and arrow, twenty-four dollars ($24). The applicant must be less
than eighteen (18) years of age.
(32) A nonresident youth license to take an extra deer by a means,
in a location, and under conditions established by rule adopted by
the department under IC 4-22-2, twenty-four dollars ($24). The
applicant must be less than eighteen (18) years of age.
(33) A resident senior yearly license to fish, three dollars ($3).
This license is subject to the following:
(A) An applicant must be at least sixty-four (64) years of age
and born after March 31, 1943.
(B) The license is in lieu of the resident yearly license to fish
and all other yearly licenses, stamps, or permits to fish for a
specific species or by a specific means.
(34) A resident senior "fish for life" license, seventeen dollars
($17). This license is subject to the following:
(A) An applicant must be at least sixty-four (64) years of age
and must have been born after March 31, 1943.
(B) The license applies each year for the remainder of the
license holder's life.
(C) The license is in lieu of the resident senior yearly license
to fish and all other yearly licenses, stamps, or permits to fish
for a specific species or by a specific means.
(35) A voluntary resident senior yearly license to fish, three
dollars ($3). This license is subject to the following:
(A) An applicant must have been born before April 1, 1943.
(B) The license is instead of the resident yearly license to fish and all other yearly licenses, stamps, and permits to fish for a specific species or by a specific means.
(b) The commission may set license fees to hunt, trap, or fish above the minimum fees established under subsection (a).
(c) In addition to the license fees set under this section, the department shall establish a procedure to collect voluntary donations for processing wild game when a hunting license is sold. The minimum suggested donation must be one dollar ($1). The money collected under this section shall be deposited in the Indiana sportsmen's benevolence account (IC 14-9-5-4).
(1) Shovelnose sturgeon.
(2) Paddlefish.
(3) Bowfin.
(b) For the purpose of this subsection, "roe" means the eggs or gametes of a fish listed in subsection (a).
(c) An individual may not harvest, possess, or sell roe without a license issued under this section.
(d) The department may issue to an individual who is a resident or nonresident of Indiana a license to harvest, possess, and sell the roe under rules adopted under IC 4-22-2. The individual must leave the roe intact and inside the body of the fish while on the body of water or adjacent to the water being fished, and until processing begins in accordance with 21 CFR 123. The individual must sell the roe only to a roe dealer licensed by the department. The department shall limit the number of licenses that are available.
(e) The department may issue a person a roe dealer's license to purchase, process, and sell roe. A person may not transport roe outside Indiana except according to the terms of a license issued under this subsection.
(f) The following are the minimum application fees for these licenses:
(1) Resident and nonresident roe harvester's license for harvesting on the Ohio River, one thousand dollars ($1,000).
(2) Resident roe harvester's license for harvesting on inland water of Indiana, one thousand dollars ($1,000).
(3) Roe dealer's license,
($1,000).
(g) The commission may set license fees above the minimum fees
established under subsection (f). The amount may not be more than is
reasonably necessary to generate revenue sufficient to offset the costs
incurred by the department in carrying out its responsibilities under this
chapter.
(h) The department shall give priority in issuing licenses under this
section to applicants who are residents of Indiana.
(1) unlawfully takes or possesses a deer or wild turkey;
(2) takes or possesses a deer or wild turkey by illegal methods or with illegal devices; or
(3) except as provided in subsections (c) and (d), sells, offers to sell, purchases, or offers to purchase a deer or wild turkey or a part of a deer or wild turkey;
shall reimburse the state five hundred dollars ($500) for the first
violation and one thousand dollars ($1,000) for each subsequent
violation.
(b) The money shall be deposited in the conservation officers fish
and wildlife fund. This penalty is in addition to any other penalty under
the law.
(c) Notwithstanding section 6 of this chapter, if a properly tagged
deer is brought to a meat processing facility and the owner of the deer:
(1) fails to pick up the processed deer within a reasonable time;
or
(2) notifies the meat processing facility that the owner does not
want the processed deer;
the deer meat may be given away by the meat processing facility to
another person. The meat processing facility may charge the person
receiving the deer meat a reasonable and customary processing fee.
(d) Notwithstanding section 6 of this chapter, deer meat and
products from farm raised deer that meet the requirements under
IC 15-17 may be sold to the public.
(e) In addition to being liable for the reimbursement required
under subsection (a), a person who recklessly, knowingly, or
intentionally violates subsection (a)(1) or (a)(2) while using or
possessing:
(1) a sound suppressor designed for use with or on a firearm,
commonly called a silencer; or
(2) a device used as a silencer;
commits unlawful hunting while using or possessing a silencer, a
Class C misdemeanor.
(1) violates IC 14-22-10-1(1) by hunting on privately owned land without the consent of the owner or tenant; and
(2) while committing the violation described in subdivision (1), uses or possesses:
(A) a sound suppressor designed for use with or on a firearm, commonly called a silencer; or
(B) a device used as a silencer;
commits unauthorized hunting on private land while using or possessing a silencer, a Class B misdemeanor.
dominant wavelength 595-605 nm, a purity of not less than eighty-five
percent (85%), and a luminance factor of not less than forty percent
(40%).
(b) As used in this section, "wear hunter orange" means to expose
on one's person as an outer garment one (1) or more of the following
articles of clothing that are solid hunter orange in color:
(1) A vest.
(2) A coat.
(3) A jacket.
(4) Coveralls.
(5) A hat.
(6) A cap.
However, articles of clothing specified under this section with logos,
patches, insignia, or printing that does not substantially hinder the
visibility of the hunter orange material are allowed under this section.
(c) This subsection applies only during the season when hunting by
firearms (as defined in IC 14-22-40-3) is permitted under 312 IAC. A
person who hunts for:
(1) deer by firearm or bow and arrow;
(2) cottontail rabbit;
(3) squirrel, unless from a boat, during the period:
(A) beginning on the first Friday that follows November 3; and
(B) ending on January 31 of the following year;
(4) woodcock;
(5) pheasant;
(6) quail; or
(7) ruffed grouse;
must wear hunter orange.
(d) (c) A person who violation of violates this section is the
requirement to wear hunter orange or display hunter orange on an
occupied ground blind as specified in 312 IAC 9 commits a Class D
infraction.
IC 14-9-8-19 (Concerning the department of natural resources).
IC 14-15-3-31 (Concerning watercraft).
IC 14-15-4-4 (Concerning watercraft accidents).
IC 14-15-9-8 (Concerning divers).
IC 14-15-11-11 (Concerning motorboat operators).
IC 14-15-12-13 (Concerning personal watercraft).
IC 14-16-1-29 (Concerning off-road vehicles).
IC 14-17-4-8 (Concerning property acquisition).
IC 14-21-1-16 (Concerning historic preservation and archeology).
IC 14-21-1-26 (Concerning historic preservation and archeology).
IC 14-21-1-26.5 (Concerning historic preservation and archeology).
IC 14-21-1-27 (Concerning historic preservation and archeology).
IC 14-21-1-28 (Concerning historic preservation and archeology).
IC 14-21-1-36 (Concerning historic preservation and archeology).
IC 14-21-2-5 (Concerning historic preservation and archeology).
IC 14-22-13-10 (Concerning commercial fishing licenses).
IC 14-22-17-4 (Concerning fish and wildlife).
IC 14-22-32-3 (Concerning fish and wildlife).
IC 14-22-34-12 (Concerning fish and wildlife).
IC 14-22-37-2 (Concerning fish and wildlife).
IC 14-22-37-3 (Concerning fish and wildlife).
IC 14-22-38-1 (Concerning fish and wildlife).
IC 14-22-38-3 (Concerning fish and wildlife).
IC 14-22-38-4 (Concerning fish and wildlife).
IC 14-22-38-4.5 (Concerning fish and wildlife).
IC 14-22-38-6 (Concerning fish and wildlife).
IC 14-22-40-6 (Concerning fish and wildlife).
IC 14-23-7-5 (Concerning forestry).
IC 14-24-11-4 (Concerning entomology and plant pathology).
IC 14-26-7-8 (Concerning lakes and reservoirs).
IC 14-27-6-52 (Concerning levees, dams, and drainage).
IC 14-29-8-5 (Concerning rivers, streams, and waterways).
IC 14-31-3-15 (Concerning nature preserves).
IC 14-31-3-16 (Concerning nature preserves).
IC 14-31-3-17 (Concerning nature preserves).
IC 14-31-3-19 (Concerning nature preserves).
IC 14-31-3-20 (Concerning nature preserves).
IC 14-31-3-21 (Concerning nature preserves).
IC 14-34-2-6 (Concerning surface coal mining and reclamation).
IC 14-34-16-6 (Concerning surface coal mining and reclamation).
IC 14-34-16-7 (Concerning surface coal mining and reclamation).
IC 14-37-13-6 (Concerning oil and gas).
