312 IAC 6-5-10 Prospecting in a navigable waterway

Sec. 10. (a) This section governs prospecting in a navigable waterway that is subject to IC 14-28-1, IC 14-29-1, or IC 14-29-3. (b) Unless otherwise provided in this section, a person must not engage in prospecting except as approved by the department in a written license. (c) Without a written license or notice to the department, and except as provided in subsection (d), a person may engage in prospecting within the ordinary high watermark of a navigable waterway upon compliance with each of the following conditions: (1) Lawful ingress to and egress from the navigable waterway is obtained. (2) Written permission is obtained from any affected riparian owner. (3) Prospecting is performed exclusively by one (1) or a combination of the following processes: (A) Without the use of equipment. (B) With the use of nonmotorized equipment, such as a pan, sluice box, or pick and shovel. (C) With the use of suction equipment, including motorized equipment, having a hand-operated nozzle that has an opening not larger than five (5) inches in diameter. (4) No mercury or other chemicals are used to assist with the recovery of hard mineral resources. (5) Activities occur exclusively between sunrise and sunset. (6) No mussels are taken as prescribed by 312 IAC 9-9-3. (7) No endangered species are taken as prescribed by IC 14-22-34-12. (d) The following waterways do not qualify for prospecting under subsection (c) or under 312 IAC 10-5-11(c): (1) Big Blue River in Harrison County, Crawford County, and Washington County from river mile 57.2 downstream to river mile 11.5. (2) The East Branch of the Little Calumet River in Porter County. (3) Lake Michigan. (4) The Portage Burns Waterway in Porter County. (5) St. Joseph River in St. Joseph County from the Twin Branch Dam in Mishawaka downstream to the Michigan State Line. (e) Nothing in this section is intended to modify the rights of riparian owners.