Bill Text: IN SB0375 | 2012 | Regular Session | Introduced
Bill Title: Fish and wildlife rulemaking.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-01-09 - First reading: referred to Committee on Agriculture and Natural Resources [SB0375 Detail]
Download: Indiana-2012-SB0375-Introduced.html
Citations Affected: IC 14-8-2; IC 14-9-6; IC 14-10; IC 14-21-1;
IC 14-22; IC 14-25; IC 14-26-2-24.
Synopsis: Fish and wildlife rulemaking. Establishes the hunting,
fishing, and trapping commission (commission). Provides the
commission with authority over fish and wildlife laws. Provides that
before a final fish or wildlife rule is adopted, the proposed rule must be
approved by the commission and receive final approval from the
director of the department of natural resources. Provides that the
natural resources commission (NRC) does not have responsibility for
duties given to the commission. Repeals provisions establishing the
advisory council to the bureau of water and resource regulation and the
bureau of lands and cultural resources. Makes conforming changes.
Effective: July 1, 2012.
January 9, 2012, read first time and referred to Committee on Agriculture and Natural
Resources.
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.
(b) "Commission", for purposes of IC 14-13-1, has the meaning set forth in IC 14-13-1-1.
(c) "Commission", for purposes of IC 14-13-2, has the meaning set forth in IC 14-13-2-2.
(d) "Commission", for purposes of IC 14-13-4, has the meaning set forth in IC 14-13-4-1.
(e) "Commission", for purposes of IC 14-13-5, has the meaning set forth in IC 14-13-5-1.
(f) "Commission", for purposes of IC 14-13-6, has the meaning set forth in IC 14-13-6-2.
(g) "Commission", for purposes of IC 14-14-1, has the meaning set forth in IC 14-14-1-3.
(h) "Commission", for purposes of IC 14-20-11, has the meaning set forth in IC 14-20-11-1.
(i) "Commission", for purposes of IC 14-21-4, has the meaning set forth in IC 14-21-4-1.
(j) "Commission" for purposes IC 14-22, has the meaning set forth IC 14-22-1.5-1.
(1) The commissioner of the Indiana department of transportation or the commissioner's designee.
(2) The commissioner of the department of environmental management or the commissioner's designated deputy.
(3) The director of the office of tourism development or the director's designee.
(4) The director of the department.
(5) The chairperson of the
(6) The president of the Indiana academy of science or the president's designee.
(7) Six (6) citizen members appointed by the governor, at least two (2) of whom must have knowledge, experience, or education in the environment or in natural resource conservation. Not more than three (3) citizen members may be of the same political party.
(1) Take the action that is necessary to enable the state to participate in the programs set forth in 16 U.S.C. 470 et seq.
(2) Promulgate and maintain a state register of districts, sites, buildings, structures, and objects significant in American or Indiana history, architecture, archeology, and culture and expend money for the purpose of preparing comprehensive statewide historic surveys and plans, in accordance with criteria established by the commission, that comply with the standards and regulations promulgated by the United States Secretary of the Interior for the preservation, acquisition, and development of the properties.
(3) Establish in accordance with criteria established by the United States Secretary of the Interior a program of matching grants-in-aid to public agencies for projects having as their purpose the preservation for public benefit of properties that are significant in American or Indiana history, architecture, archeology, and culture.
(4) Accept grants from public and private sources, including those provided under 16 U.S.C. 470 et seq.
(5) Establish fees for the following:
(A) Programs of the department or the commission.
(B) Facilities owned or operated by the department or the commission or a lessee of the department or commission.
(C) Licenses issued by the commission, the department, or the director.
(D) Inspections or other similar services under this title performed by the department or an assistant or employee of the department.
(6) Adopt rules under IC 4-22-2 for the establishment of fees under subdivision (5).
council established by IC 14-9-6-1.
(1) Develop a program of historical, architectural, and archeological research and development, including continuing surveys, excavations, scientific recording, interpretation, and publication of the state's historical, architectural, and archeological resources.
(2) Prepare a preservation plan for the state that establishes planning guidelines to encourage the continuous maintenance and integrity of historic sites and historic structures. However, the plan is not effective until the plan has been:
(A) presented to the
(B) approved by the review board after public hearing.
(3) Undertake the action necessary to qualify the state for participation in sources of federal aid to further the purposes stated in subdivisions (1) and (2).
(4) Provide information on historic sites and structures within Indiana to federal, state, and local governmental agencies, private individuals, and organizations.
(5) Advise and coordinate the activities of local historical associations, historic district commissions, historic commissions, and other interested groups or persons.
(6) Provide technical and financial assistance to local historical associations, historic district commissions, historic commissions, and other interested groups or persons.
(7) Review environmental impact statements as required by federal and state law for actions significantly affecting historic properties.
(1) Recommend the purchase, lease, or gift of historic property of archeological importance and make recommendations to the director
(2) Prepare and review planning and research studies relating to
archeology.
(3) Conduct a program of education in archeology, either within
the division or in conjunction with a postsecondary educational
institution.
(4) Inspect and supervise an archeological field investigation
authorized by this chapter.
Chapter 1.5. Hunting, Fishing, and Trapping Commission
Sec. 1. As used in this chapter, "commission" refers to the hunting, fishing, and trapping commission established by section 4 of this chapter.
Sec. 2. As used in this chapter, "sportsman" means a resident of:
(1) Indiana; and
(2) a wildlife district;
who has held a license under IC 14-22 to hunt, fish, or trap for at least two (2) consecutive years.
Sec. 3. As used in this chapter, "wildlife district" refers to a district described below:
(1) Wildlife district 1 consists of the following counties: Adam, Allen, Dekalb, Elkhart, Fulton, Huntington, Kosciusko, Lagrange, Marshall, Miami, Noble, Steuben, Wabash, Wells, Whitley.
(2) Wildlife district 2 consists of the following counties: Benton, Carroll, Cass, Jasper, Lake, LaPorte, Newton, Porter, Pulaski, St. Joseph, Starke, Tippecanoe, White, Warren, Clinton.
(3) Wildlife district 3 consists of the following counties: Blackford, Boone, Delaware, Grant, Hamilton, Howard, Jay, Madison, Marion, Randolph, Tipton, Hancock, Henry, Wayne, Union.
(4) Wildlife district 4 consists of the following counties: Clay, Dubois, Gibson, Green, Knox, Morgan, Owen, Parke, Pike, Posey, Spencer, Sullivan, Vanderburg, Vermillion, Vigo, Warrick, Martin, Daviess, Putnam, Montgomery, Hendricks, Perry, Fountain.
(5) Wildlife district 5 consists of the following counties: Bartholomew, Brown, Clark, Dearborn, Decatur, Fayette, Floyd, Franklin, Harrison, Jackson, Jefferson, Jennings, Johnson, Ohio, Ripley, Rush, Scott, Shelby, Switzerland,
Washington, Orange, Crawford, Lawrence, Monroe.
Sec. 4. The hunting, fishing, and trapping commission is
established.
(1) A wildlife biologist of the department, as appointed by the
director.
(2) The state veterinarian.
(3) Five (5) members who are sportsmen, one (1) from each of
the following districts:
(A) One (1) member who is a resident of wildlife district 1.
(B) One (1) member who is a resident of wildlife district 2.
(C) One (1) member who is a resident of wildlife district 3.
(D) One (1) member who is a resident of wildlife district 4.
(E) One (1) member who is a resident of wildlife district 5.
The governor shall make the appointments under subdivision (3).
Sec. 6. The term of a member of the commission is four (4)
years. A member may serve an additional term after the expiration
of the member's initial term if selected for an additional term
through the procedure set forth in section 7 of this chapter. An
individual who has been convicted of or pleaded guilty or nolo
contendere to a felony under the laws of Indiana or any other
jurisdiction may not serve as a member of the commission.
Sec. 7. (a) When a vacancy occurs on the commission, the
director shall call a meeting of the sportsmen within the affected
wildlife district within ten (10) days after the vacancy occurs for
the purpose of voting to select, among the sportsmen present at the
meeting, a list of three (3) nominees to submit to the governor to fill
the vacancy. The names of the three (3) individuals who receive the
highest number of votes shall be submitted to the governor as the
nominees to fill the vacancy. The governor shall select one (1) of
the individuals from the list of nominees submitted to fill the
vacancy.
(b) Notice of the meeting must be given in accordance with
IC 5-14-1.5.
(c) The director or the director's designee shall serve as
chairperson of the meeting, and the chairperson shall be the final
arbiter of any disputes or procedural questions that arise during
the course of the meeting. The chairperson shall submit the
nominations of three (3) candidates for the vacancy and certify
them to the governor not later than forty (40) days after the
vacancy occurs.
(d) If it is known that a vacancy will occur at a definite future date, but the vacancy has not yet occurred, the governor shall notify the director immediately of the forthcoming vacancy, and the sportsmen within the affected wildlife district may, not later than sixty (60) days after the director receives the notification under this subsection, meet in accordance with IC 5-14-1.5 for the purpose of voting to select, among the sportsmen present at the meeting, a list of three (3) nominees to submit to the governor to fill the forthcoming vacancy. The names of the three (3) sportsmen who receive the highest number of votes shall be submitted to the governor for purposes of filling the forthcoming vacancy. The governor shall select one (1) of the individuals from the list of nominees submitted to fill the forthcoming vacancy.
Sec. 8. The members of the commission are entitled to receive travel expenses that are necessarily incident to the performance of the members' official functions.
Sec. 9. The commission:
(1) shall hold at least one (1) regular meeting every calendar year; and
(2) may hold special meetings that the chairperson of the commission considers necessary and expedient.
Sec. 10. During the first meeting in each calendar year, the commission shall elect a chairperson and a vice chairperson.
Sec. 11. (a) The commission has the following duties:
(1) Review and approve, amend, or reject a rule proposed by the director under IC 14-22-2-6 when the commission considers it necessary to approve, amend, or reject the rule.
(2) Establish fees for the following:
(A) Licenses issued under this article.
(B) Inspections and other similar services performed by the department under this article.
(3) Discharge any other duty or responsibility specifically assigned to the commission under this article.
(b) Before a final rule is adopted under this chapter, the proposed rule must be approved by the commission and receive final approval from the director. If a rule is vetoed by the director, the rule may be adopted over the veto of the director by a two-thirds (2/3) vote of all of the members of the commission.
(c) All rules adopted under this chapter must be adopted in compliance with IC 4-22-2.
adopt rules under IC 4-22-2 to do the following:
(1) Establish, open, close, lengthen, suspend, or shorten seasons.
(2) Establish bag, sex, and size limits.
(3) Establish limitations on the numbers of hunters and fishermen.
(4) Establish the methods, means, and time of:
(A) taking, chasing, transporting, and selling; or
(B) attempting to take, transport, or sell;
wild animals or exotic mammals, with or without dogs, in Indiana
or in a designated part of Indiana.
(5) Establish other necessary rules to do the following:
(A) Administer this chapter.
(B) Properly manage wild animals or exotic mammals in a
designated water or land area of Indiana.
(6) Set aside and designate land or water or parts of the land or
water owned, controlled, or under contract or acquired by the
state for conservation purposes as a public hunting and fishing
ground under the restrictions, conditions, and limitations that are
determined to be appropriate.
(b) The rules described in subsection (a) must comply with the
following:
(1) A rule may be adopted only after thorough investigation. and
(2) A rule must be based upon data relative to the following:
(A) The welfare of the wild animal.
(B) The relationship of the wild animal to other animals.
(C) The welfare of the people.
(3) A rule must be approved by the hunting, fishing, and
trapping commission under IC 14-22-1.5-11.
(c) Whenever the director determines that it is necessary to adopt
rules, the director shall comply with the following:
(1) Rules must clearly describe and set forth any applicable
changes.
(2) The director shall make or cause to be made a periodic review
of the rules.
(3) A copy of each rule, as long as the rule remains in force and
effect, shall be included and printed in each official compilation
of the Indiana fish and wildlife law.
(d) The director may modify or suspend a rule for a time not to
exceed one (1) year under IC 4-22-2-37.1.
commission before July 1, 2012, concerning the establishment of
fees for:
(1) licenses issued; and
(2) inspections and other similar services performed;
by the department of natural resources under this article continue
to be in effect as rules of the department of natural resources after
June 30, 2012.
(b) The hunting, fishing, and trapping commission established
by IC 14-22-1.5-4 has the authority to amend the rules of the
department of natural resources or the natural resources
commission adopted under this article.
(1) a public utility (as defined in IC 8-1-2-1(a));
(2) a municipally owned utility (as defined in IC 8-1-2-1(h));
(3) a not-for-profit utility (as defined in IC 8-1-2-125(a));
(4) a cooperatively owned corporation;
(5) a conservancy district established under IC 14-33; or
(6) a regional water district established under IC 13-26;
that provides water service to the public.
(b) A person that seeks to contract with the commission for the provision of certain minimum quantities of stream flow or the sale of water on a unit pricing basis under section 2 of this chapter must submit a request to the commission and the department. The commission shall not make a determination as to whether to enter into a contract with the person making the request until:
(1) the procedures set forth in this section have been followed; and
(2) the commission has reviewed and considered each report submitted to the commission under subsection (i).
(c) Not later than thirty (30) days after receiving a request under
subsection (b), the department shall provide, by certified mail, written
notice of the request to the following:
(1) Each person with whom the commission holds a contract for:
(A) the provision of certain minimum quantities of stream
flow; or
(B) the sale of water on a unit pricing basis;
as of the date of the request.
(2) The executive and legislative body of each:
(A) county;
(B) municipality, if any; and
(C) conservancy district established under IC 14-33, if any;
in which the water sought in the request would be used.
(3) The executive and legislative body of each:
(A) county;
(B) municipality, if any; and
(C) conservancy district established under IC 14-33, if any;
in which the affected reservoir is located.
(d) Not later than seven (7) days after receiving a notice from the
department under subsection (c), each person described in subsection
(c)(1) shall, by certified mail, provide written notice of the request to
each:
(1) water utility; or
(2) other person;
that contracts with the person described in subsection (c)(1) for the
purchase of water for resale. Each person to whom notice is mailed
under this subsection is in turn responsible for providing written notice
by certified mail to each water utility or other person that purchases
water from that person for resale. A water utility or another person
required to provide notice under this subsection shall mail the required
notice not later than seven (7) days after it receives notice of the
request from the water utility or other person from whom it purchases
water for resale.
(e) At the same time that:
(1) a person described in subsection (c)(1); or
(2) a water utility or another person described in subsection (d);
mails any notice required under subsection (d), it shall also mail to the
department, by certified mail, a list of the names and addresses of each
water utility or other person to whom it has mailed the notice under
subsection (d).
(f) In addition to the mailed notice required under subsection (c), the
department shall publish notice of the request, in accordance with
IC 5-3-1, in each county:
(1) in which a person described in section (c)(1) is located;
(2) in which the affected reservoir is located;
(3) in which the water sought in the request would be used; and
(4) in which a water utility or other person included in a list received by the department under subsection (e) is located.
Notwithstanding IC 5-3-1-6, in each county in which publication is required under this subsection, notice shall be published in at least one (1) general circulation newspaper in the county. The department may, in its discretion, publish public notices in a qualified publication (as defined in IC 5-3-1-0.7) or additional newspapers to provide supplementary notification to the public. The cost of publishing supplementary notification is a proper expenditure of the department.
(g) A notice required to be mailed or published under this section must:
(1) identify the person making the request;
(2) include a brief description of:
(A) the nature of the pending request; and
(B) the process by which the commission will determine whether to enter into a contract with the person making the request;
(3) set forth the date, time, and location of the public meeting required under subsection (h); and
(4) in the case of a notice that is required to be mailed under subsection (c)(1) or (d), a statement of the recipient's duty to in turn provide notice to any:
(A) water utility; or
(B) other person;
that purchases water for resale from the recipient, in accordance with subsection (d).
(h)
(1) A presentation by the department describing:
(A) the nature of the pending request; and
(B) the process by which the commission will determine whether to enter into a contract with the person making the request.
(2) An opportunity for public comment on the pending request.
(i) Not later than thirty (30) days after a public meeting is held
under subsection (h), the advisory council hearing officer shall submit
to the commission a report summarizing the public meeting.
(b) The deputy director for water and resource regulation shall serve as technical secretary to the commission. The deputy director shall perform the duties that are required by this chapter or that the commission directs.
(1) The name of the lake.
(2) The county and specific location within the county where the lake is located.
(b) A person may obtain administrative review from the commission for the listing or nonlisting of a lake as a public freshwater lake through a licensure action, status determination, or enforcement action under IC 4-21.5.
(1) The member appointed under IC 14-22-1.5-5(3)(A), as added by this act, and the member appointed under IC 14-22-1.5-5(3)(B), as added by this act, serve for three (3) years.
(2) The member appointed under IC 14-22-1.5-5(3)(C), as added by this act, serves for two (2) years.
(3) The member appointed under IC 14-22-1.5-5(3)(D), as added by this act, serves for one (1) year.
The governor shall specify the term of each member described in subdivisions (1), (2), and (3) when making the initial appointments.
(b) The initial terms of the appointed members begin July 1, 2012.
(c) This SECTION expires December 31, 2013.
