*SB0121.2* Reprinted January 29, 2025 SENATE BILL No. 121 _____ DIGEST OF SB 121 (Updated January 28, 2025 2:43 pm - DI 148) Citations Affected: IC 14-8; IC 14-22. Synopsis: Restrictions on using nets or traps for minnows. Prohibits the use of specific devices to take minnows from a waterway unless certain conditions are met. Provides an exemption for bait dealers and individuals with a scientific purposes license. Requires, not later than July 1, 2030, that the department of natural resources submit a report to legislative council regarding Sugar Creek's environmental condition and the status of the fish and wildlife population at Sugar Creek. Effective: July 1, 2025. Deery, Crider, Baldwin, Tomes, Clark January 8, 2025, read first time and referred to Committee on Natural Resources. January 14, 2025, reported favorably — Do Pass. January 28, 2025, read second time, amended, ordered engrossed. SB 121—LS 6054/DI 148 Reprinted January 29, 2025 First Regular Session of the 124th General Assembly (2025) 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 this style type. 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 this style type reconciles conflicts between statutes enacted by the 2024 Regular Session of the General Assembly. SENATE BILL No. 121 A BILL FOR AN ACT to amend the Indiana Code concerning natural and cultural resources. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 14-8-2-167, AS AMENDED BY P.L.289-2013, 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 3 JULY 1, 2025]: Sec. 167. "Minnow", for purposes of IC 14-22, 4 includes the species of fish that the department determines by rule has 5 the meaning set forth in 312 IAC 9-6-1 (as in effect on July 1, 6 2025). 7 SECTION 2. IC 14-8-2-269.5 IS ADDED TO THE INDIANA 8 CODE AS A NEW SECTION TO READ AS FOLLOWS 9 [EFFECTIVE JULY 1, 2025]: Sec. 269.5. "Sugar Creek", for 10 purposes of IC 14-22-9-3.5, refers to the tributary stream that 11 originates in Tipton County and travels southwest through the 12 following counties before merging with the Wabash River: 13 (1) Clinton. 14 (2) Boone. 15 (3) Montgomery. 16 (4) Parke. 17 SECTION 3. IC 14-22-9-3.5 IS ADDED TO THE INDIANA CODE SB 121—LS 6054/DI 148 2 1 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 2 1, 2025]: Sec. 3.5. (a) This section does not apply to the following: 3 (1) A bait dealer licensed under IC 14-22-16. 4 (2) An individual who possesses a scientific purposes license 5 issued under IC 14-22-22. 6 (b) Except as provided in subsection (c), an individual may not 7 use the following devices to take minnows from a waterway: 8 (1) A dip net. 9 (2) A cast net. 10 (3) A minnow trap. 11 (4) A minnow seine. 12 (c) An individual may use a device described in subsection (b) to 13 take minnows from a waterway if all of the following conditions 14 are met: 15 (1) The individual: 16 (A) does not knowingly possess more than twenty-four (24) 17 minnows at any time; 18 (B) uses the minnows as bait to fish; 19 (C) possesses a pole and line, trot line, limb line, or 20 free-float line needed to fish; 21 (D) keeps the minnows in the individual's immediate 22 possession at the individual's fishing location; and 23 (E) returns any unused minnows to the waterway from 24 which the minnows were caught before leaving the 25 waterway. 26 (2) The minnows must not be transported away from the 27 waterway in which the minnows were caught. 28 (3) The waterway from which the minnows were caught is not 29 Sugar Creek. This subdivision expires June 30, 2032. 30 However, an individual does not knowingly possess minnows for 31 purposes of subdivision (1)(A) unless the individual has physical 32 possession of the device described in subsection (b) and a 33 reasonable amount of time has passed during which the individual 34 did not release the excess minnows. 35 (d) Not later than July 1, 2030, the department shall submit a 36 report to the legislative council, in an electronic format under 37 IC 5-14-6, regarding Sugar Creek's environmental condition and 38 the status of the fish and wildlife population at Sugar Creek. SB 121—LS 6054/DI 148 3 COMMITTEE REPORT Mr. President: The Senate Committee on Natural Resources, to which was referred Senate Bill No. 121, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill DO PASS. (Reference is to SB 121 as introduced.) GLICK, Chairperson Committee Vote: Yeas 7, Nays 1 _____ SENATE MOTION Mr. President: I move that Senate Bill 121 be amended to read as follows: Page 1, delete line 17, begin a new paragraph and insert: "SECTION 3. IC 14-22-9-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3.5. (a) This section does not apply to the following: (1) A bait dealer licensed under IC 14-22-16. (2) An individual who possesses a scientific purposes license issued under IC 14-22-22. (b) Except as provided in subsection (c), an individual may not use the following devices to take minnows from a waterway: (1) A dip net. (2) A cast net. (3) A minnow trap. (4) A minnow seine. (c) An individual may use a device described in subsection (b) to take minnows from a waterway if all of the following conditions are met: (1) The individual: (A) does not knowingly possess more than twenty-four (24) minnows at any time; (B) uses the minnows as bait to fish; (C) possesses a pole and line, trot line, limb line, or free-float line needed to fish; (D) keeps the minnows in the individual's immediate possession at the individual's fishing location; and SB 121—LS 6054/DI 148 4 (E) returns any unused minnows to the waterway from which the minnows were caught before leaving the waterway. (2) The minnows must not be transported away from the waterway in which the minnows were caught. (3) The waterway from which the minnows were caught is not Sugar Creek. This subdivision expires June 30, 2032. However, an individual does not knowingly possess minnows for purposes of subdivision (1)(A) unless the individual has physical possession of the device described in subsection (b) and a reasonable amount of time has passed during which the individual did not release the excess minnows. (d) Not later than July 1, 2030, the department shall submit a report to the legislative council, in an electronic format under IC 5-14-6, regarding Sugar Creek's environmental condition and the status of the fish and wildlife population at Sugar Creek.". Delete page 2. (Reference is to SB 121 as printed January 15, 2025.) DEERY SB 121—LS 6054/DI 148