Section 312IAC5-3.5-3. Notice of and response to petition

   (a) Upon receipt of a completed petition under section 2 of this rule, the division of hearings of the commission shall cause:

(1) a copy of the petition to be delivered to each deputy director of the department; and

(2) notice of the petition and a brief summary of its contents to be delivered to the legislative services agency for publication in the Indiana Register.

  (b) Within ninety (90) days after the receipt of a petition under subsection (a), the department shall review and tender written recommendations to the commission regarding preliminary adoption of a rule to implement the petition. A copy of the recommendations shall also be served upon the petitioner and any other person who requests in writing that the department provide a copy.

  (c) In preparing the recommendations described in subsection (b), the department shall consult with the petitioner and any other interested person. The recommendations shall consider each of the following:

(1) Fish, wildlife, or botanical resource management.

(2) The protection of users, including the following:

(A) Limitations of the public water to safely accommodate boats.

(B) Limitations of facilities relative to vehicular access, pedestrian safety, parking, and the launching of boats.

(3) The protection of private and public property.

(4) Cultural resources.

  (d) For an application to establish a license requirement on a public freshwater lake, the department shall consider limiting the total number of boats in an activity conducted between April 1 and September 30 and licensed under this rule or under 312 IAC 5-3.

  (e) The maximum number established under subsection (d) governs any date on which the activity or a portion of the activity is conducted.

  (f) If the department does not tender its written recommendations to the commission in a timely fashion as provided in subsection (b), the petitioner may move the commission to place the petition on its agenda at the next regular meeting. (Natural Resources Commission; 312 IAC 5-3.5-3; filed Aug 27, 2015, 10:40 a.m.: 20150923-IR-312140515FRA)