1. (a) A person who, whether or not the person has been issued a certificate of approval, license, permit, or other document of approval authorized by this article or any other Indiana law, discharges, sprays, or releases waste materials, chemicals, or other substances:

   1. (1) either accidentally, negligently, or willfully;
   2. (2) in any quantity, concentration, or manner onto or in any water of Indiana, the boundary waters of the state, or onto or in public or private land; and

   3. (3) so that wild animals are killed as a result;

      is responsible for the kill.

2. (b) The director shall, in the name of the state, recover damages, including the cost of restoration, from the person. Upon receipt of the estimates of the damages caused, the director shall notify the person responsible within ninety (90) days after the kill to the wild animals, and the director may enter into a proper and reasonable settlement with the person. In determining the damages caused, the director may consider the following:

   1. (1) The direct value of the wild animals killed.
   2. (2) The direct value of law enforcement costs, including wages of investigating officers, cost of any materials used, and travel expenses.
   3. (3) The value of damage to habitat, including injured vegetation, contaminated sediment, and dead invertebrate prey species.

3. (c) If the total sum of the values under subsection (b)(1), (b)(2), and (b)(3) exceeds five thousand dollars ($5,000) in damages, the director may consider the following in addition to the damages calculated under subsection (b):

   1. (1) The decreased value of the habitat for the number of years necessary for the habitat to recover to predamaged conditions.
   2. (2) The value of lost recreational fishing and hunting time, including future decreased value for the number of years necessary for the recreational use to recover to predamaged conditions.
4. (d) If a settlement is not reached within a reasonable time, the department shall initiate a proceeding under IC 4-21.5 and IC 14-10-2 to recover damages.

5. (e) The proceeds of a recovery shall be used to replace, as far as and as promptly as possible, in whatever manner the director considers proper, the wild animal population or habitat in the waters or lands in question. If the improvement of the wild animal population or habitat in question is not practicable, the proceeds shall be deposited into the fish and wildlife fund.

   [Pre-1995 Recodification Citation: 14-2-6-7.]

As added by P.L.1-1995, SEC.15. Amended by P.L.219-2014, SEC.25.