Are more regulations needed to restrict organized activities on waterways in Indiana?

With the so-called "Home Rule Lake Legislation," the means for people to get restrictions put on organized activities on waterways such as Lake Wawasee or Tippecanoe will be in place once the law takes effect.

The final hearing for the legislation is in late August, according to Steve Roth, Indiana Department of Natural Resources property manager of Tri-County Fish & Wildlife Area. The legislation, if approved, will probably be in effect next year, he said.

Roth said the DNR is neutral on the legislation, but if approved, they will abide by it.

Wawasee Area Conservancy Foundation Chairman Robert Fanning said, "To call it home rule, I don't know where that name comes from. In the statute, in the regulations, it doesn't refer to that particularly."

He said on July 1, 2000, "the Indiana Legislature told the Natural Resources Commission they modified the statute. (The modification) says the department may adopt rules for the regulation of watercraft engaged in group or organized activities or tournaments. So, that's step one. ... The Natural Resources Commission then did put together a series of regulations which ... have been signed by the secretary of the Natural Resources Commission and have been sent to the attorney general for review as to legality and then will be signed by the governor and then will become effective regulations."

According to information on the DNR Web site (www.ai.org/dnr/fishwild/rule.htm), last year the Legislature passed HEA 1075, which expanded DNR authority to regulate additional watercraft activities involving more than 15 boats on public waters, including fishing tournaments. The DNR previously had permitting authority for watercraft activities on public waters only in regard to water skiing events and boat races.

The proposed rule establishes a process by which local organizations or the DNR could request regulation of fishing tournaments or other organized boating activities on specific public waters. As a result, the rules would not automatically require permitting on all public waters but would focus attention only to waters where there is a perceived problem. An individual or organization could request that a petition be forwarded to the department through a local entity or could petition directly through a DNR deputy director.

The department would review the proposal and within 90 days forward a recommendation to the Natural Resources Commission. If the petition has merit, the NRC would then hold a local public hearing and make a decision.

Fanning said he learned about the legislation when he recently attended an Indianapolis meeting where it was discussed.

"I think the reason that they're being generally referred to as 'home rule' is because the DNR decided that they could comply with this legislative mandate and they could establish regulations. But regulations for Lake Wawasee may be different than regulations for Dewart Lake or Center Lake or some other public lake in Indiana. So I think they determined they would create some general regulations with regard to fishing tournaments and other organized activities but that local people could petition for more specific regulations which would be applicable to whatever their particular situation might be. And so this regulation here provides for a way by which you can petition the DNR commission to regulate fishing tournaments or other organized activities and how you can get your lake to be in one of those designated waters for the purpose of that regulation."

Larry Stover owns Ye Olde Tackle Box, North Webster, and his business is in the area of several popular fishing waterways. He said, "If they start restricting it down to 15 boats, we might as well close our store."

Every week or every other week, Stover said, there are fishing tournaments.

"Fishermen know there needs to be regulations because there are so many clubs in the state," he said. However, he said, lake associations "will screw it up because they don't want anyone on their lake. ... I think the controls of the legislation have to have some fairness to it."

Stover said after the legislation is passed, he could see it fought out in court. Or worse.

"I would not be surprised if within the first three months of this passing, if someone gets killed," Stover said. The reason? "Attitudes. Again, this is my opinion, but we have a lot of fishermen upset about this."

The DNR estimates that more than 300 organized fishing tournaments occur on the largest two dozen lakes in northern Indiana, in addition to events on other public waters throughout the state. Problems with fishing contests arise primarily when participants contribute to overcrowding and display poor outdoor etiquette. Tournament anglers also may inadvertently contribute to increasing levels of fish mortality when fish are stressed through poor handling procedures.

Most tournaments are held on reservoirs or on the small number of natural lakes that are open to high-speed boating, according to the DNR information. In addition, fishing contests are often held on weekends when the number of other types of lake users can be higher. As a result, some lake users want greater controls placed on tournaments. Conflicts over use of access points could be reduced if tournament scheduling were more coordinated and widely advertised. States like Ohio and Kentucky regulate or post schedules of tournaments. Efforts to regulate fishing contests and other recreation boating activities must be based on fairness to all lake users, according to the DNR.

Ski shows, boat races and sail boat races are already regulated, said Fanning. To be in any of those activities, you have to get a permit from DNR.

"So in that respect, it seems to me to be reasonable that if ski shows have to get a permit, if sailboat racers have to get a permit, then fishing tournament organizers ought to get a permit too," Fanning said. "Any group activity greater than 15 boats would require that, to get a permit for a tournament, under this regulation."

Under the legislation, there are seven conditions the licenseholder of the permit must meet to conduct a fishing tournament or other organized activity. The licenseholder must: 1.) Obtain permission from the department to use a zone or zones in the public water for mooring, judging and starting; 2.) Upon request of the department, meet with designated authorized representative(s) before a tournament or other organized activity begins; 3.) Remove equipment and refuse and otherwise restore zones used in connection with the fishing tournament or other organized activity to the condition that existed before the event; 4.) Provide officials needed to supervise contestants and spectators; 5.) Require each participating watercraft to clearly display a logo, banner or other visible item approved by the department to identify the tournament or other organized activity; 6.) Establish a starting location for the tournament or other organized activity within an idle speed zone; and 7.) Refrain from and prohibit the sale of food, beverages or supplies within the area of the activity unless approved in writing by the department and the area owner.

Asked why these new regulations came about, Fanning said he may not be the best person to ask. "My position is, I'm the chairman of the Wawasee Area Conservancy Foundation and our foundation is interested in preserving water quality in the Wawasee Watershed, about 24,000 acres. The water quality is a keystone indicator of the ecosystem. ... The conservancy is not directly interested in regulating bass fishermen or organized activities. That's not really our job. We are interested in seeing that the ecosystem is protected and seeing the water quality is preserved." [[In-content Ad]]