312 IAC 6-3-3 - Licensing

Authority: IC 14-10-2-4; IC 14-21-1-31; IC 14-29-1-8

Affected: IC 14-21-1

Sec. 3.

(a) No person may remove, disturb, salvage, or destroy an abandoned shipwreck or a historic site located in whole or in part within a navigable waterway except under a license issued under this rule.

(b) A license application, with respect to a historic site (including a shipwreck located at a historic site), must include a plan (as defined in 312 IAC 22-1-14) that is proposed by the applicant to satisfy 312 IAC 22. The applicant must also satisfy 312 IAC 21. Except as provided in section 4 of this rule, the application shall be filed with the department at least thirty (30) days before a licensed activity is scheduled to begin.

(c) A person who wishes to recover or salvage an abandoned shipwreck that is not believed to be located at a historic site shall file a notification with the department. The notification must:

(1) provide the location of the abandoned shipwreck; and

(2) identify how the application determined:

(A) the abandoned ship is not located at a historic site; and

(B) that the proposed activity:

(i) does not otherwise violate IC 14-29-1-8; or

(ii) is subject to the exclusive jurisdiction of a federal court or federal agency.

(d) A license issued under this rule may be revoked for a violation of IC 14-21-1, IC 14-29-1-8, this article, or a term of the license.

Notes

312 IAC 6-3-3

Natural Resources Commission; 312 IAC 6-3-3; filed Sep 11, 1997, 8:50 a.m.: 21 IR 368; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; errata filed Jan 27, 2009, 2:04 p.m.: 20090211-IR-312090064ACA; errata filed Sep 14, 2009, 11:00 a.m.: 20090930-IR-312090768ACA; readopted filed Sep 28, 2009, 11:57 a.m.: 20091021-IR-312090152RFA Filed 11/24/2015, 4:05 p.m.:20151223-IR-312150295RFA Readopted filed 9/23/2021, 9:42 a.m.: 20211020-IR-312210342RFA