Fish condos

[jason26]

Was just wondering if it is legal in Indiana to drop a fish structure in lakes made of like PVC or trees? I looked and couldn't find anything about it.

[morrison]

A person would be required to obtain a permit from the Indiana Department of Natural Resources according to the Statutes posted below.

312 IAC 8-2-4.5 Fish attractors
Authority: IC 14-10-2-4; IC 14-11-2-1; IC 14-28-1-5; IC 14-29-1-8
Affected: IC 14-28-1; IC 14-29-1
Sec. 4.5. (a) A person must obtain a license from a property manager, under this section, before constructing or placing a fish
attractor within either of the following:
(1) A waterway located on a DNR property.
(2) A navigable waterway that is within the riparian area of a DNR property.
(b) To qualify for a license, a fish attractor must be each of the following:
(1) Anchored to ensure proper settling.
(2) Not placed:
(A) in a channel;
(B) in a beach area; or
(C) near the waterway surface or in an area that would adversely affect public safety and navigation as determined by
the division of law enforcement.
(3) Constructed of materials approved by the department and applying methods to ensure safe placement. In implementing this
subdivision, the property manager shall consult with the division of water. If the division of water determines placement or
maintenance of the fish attractor poses more than a minimum potential for harm, the department shall require the applicant
to obtain a license under the following:
(A) IC 14-28-1 and 312 IAC 10 if located in a floodway.
(B) IC 14-29-1 and 312 IAC 6 if located in a navigable waterway.
The department shall develop a memorandum of understanding concerning characteristics of a fish attractor likely to pose more
than a minimal potential for harm relative to division of water review under this subdivision.
(4) Placed under the supervision of the division of fish and wildlife.
(c) The license holder must promptly remove from the waterway any portion of the fish attractor that becomes detached from
the licensed structure. This responsibility is a condition of a license.
(d) This section does not apply to the placement of a fish attractor in a public freshwater lake. The placement of a fish attractor
in a public freshwater lake is governed by 312 IAC 11-4-7.
(e) As used in this section, "fish attractor" means a structure or structures providing an artificial reef or similar habitat and that
is or is intended to be beneficial to fish populations

312 IAC 11-4-7 Fish attractors
Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-26-2-23
Affected: IC 14-15; IC 14-26-2
Sec. 7. (a) A written license is required under IC 14-26-2 and this rule to construct or place a fish attractor within a public
freshwater lake.
(b) To qualify for a license, the construction or placement of a fish attractor must:
(1) be anchored to ensure proper settling;
(2) not be placed:
(A) in a channel;
(B) in a beach area;
(C) near the lake surface nor in an area that would adversely affect public safety and navigation as determined by the
division of law enforcement; and
(D) to affect natural resources or natural scenic beauty of the lake in a detrimental manner otherwise prohibited by IC
14-26-2;
(3) use materials and methods to ensure safe placement; and
(4) be supervised by the division of fish and wildlife.
(c) The licensee must promptly remove from the waters of the public freshwater lake any portion or portions of the fish
attractor that become unattached from the permitted fish attractor. The responsibility is a condition of a license issued under this
section.

312 IAC 11-2-10 "Fish attractor" defined
Authority: IC 14-10-2-4; IC 14-15-7-3; IC 14-26-2-23
Affected: IC 14-15; IC 14-26-2
Sec. 10. "Fish attractor" means a structure or structures placed within a public freshwater lake that establishes an artificial reef
or similar habitat and which is beneficial to fish populations.