ARC 0272D

ARC 0272D

NATURAL RESOURCE COMMISSION[571]

Adopted and Filed

Rulemaking related to commercial fishing

    The Natural Resource Commission (Commission) hereby rescinds Chapter 82, “Commercial Fishing,” Iowa Administrative Code, and adopts a new Chapter 82 with the same title.

Legal Authority for Rulemaking

    This rulemaking is adopted under the authority provided in Iowa Code section 482.1.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code sections 481A.38, 481A.39, 482.1, 482.3, 482.5 and 482.14.

Purpose and Summary

    Chapter 82 allows for and regulates the commercial harvest of fishes from public waters. The Department of Natural Resources (Department) is directed to implement permits and regulate such harvest by the Iowa Code. The rules provide a transparent process for those who wish to bid on the limited commercial harvest opportunities on inland waters. The rules also contain regulations for commercial harvest from the border rivers, including designating those species that may be commercially harvested, size/length limits, open and closed seasons and locations, and gear and licensing requirements. This chapter has been reviewed and edited consistent with Executive Order 10.

Public Comment and Changes to Rulemaking

    Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on January 7, 2026, as ARC 9914C. A public hearing was held on the following date(s):

     ?   January 28, 2026

     ?   February 4, 2026

    No one attended the public hearings. No public comments were received. No changes from the Notice have been made.

Adoption of Rulemaking

    This rulemaking was adopted by the Commission on April 9, 2026.

Fiscal Impact

     This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

    After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

    This rulemaking is subject to the waiver provisions of 571—Chapter 11. Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any.

Review by Administrative Rules Review Committee

    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

Effective Date

    This rulemaking will become effective on June 17, 2026.

    The following rulemaking action is adopted:

    ITEM 1.  Rescind 571—Chapter 82 and adopt the following new chapter in lieu thereof:

CHAPTER 82

COMMERCIAL FISHING

INLAND WATERS

571—82.1(482) Contract policy. All contracts for removal of fish from inland waters shall be awarded on a competitive basis to the maximum practical extent subject to the following provisions. Commercial fishers licensed with the state may enter into contract with owners of private water bodies for the removal of injurious fish provided approval is received from the director or staff of the department prior to any sampling or removal operations. Owners of private water bodies need not comply with 82.1(1) through 82.1(5).

    82.1(1) Invitation for bids. Sealed bids must be solicited for all fish removal operations under contract. Prospective bidders shall be informed by an advertisement via the state’s public solicitation portal in sufficient time to enable prospective bidders to prepare and submit bids. Specifications of the contract shall be provided to all prospective bidders as provided in the invitation for bids.

    82.1(2) Contract award. The contract shall be awarded to the firm or individual whose bid is believed to be the most advantageous to the state. Bids may be rejected if they do not appear to be reasonable or if there is reason to believe that the firm or individual is not sufficiently qualified to accomplish the desired work.

    82.1(3) Contract approval. All contracts for fish removal operations shall be approved by the director.

    82.1(4) Failure to receive a bid. In the event that no sealed bids are received, the fisheries bureau chief or staff at the direction of the fisheries bureau chief may negotiate a contract with a qualified contractor.

    82.1(5) Contract period. Contracts shall have a maximum duration of 12 months. A contract may be extended, with the mutual consent of both parties, on an annual basis for a period up to and including three years from the time of the original contract. All terms and conditions existing in the original contract will apply during the extended contract period.

MISSISSIPPI AND MISSOURI RIVERS

571—82.2(482) Commercial taking. Fish may be taken for commercial purposes from the Mississippi and Missouri Rivers subject to the following regulations.

    82.2(1) Permissive catch. Except for channel catfish, flathead catfish, and shovelnose sturgeon, which cannot be taken from the Missouri River, it shall be lawful to take with licensed commercial fishing gear the following species: carp, smallmouth buffalo, largemouth buffalo, black buffalo, channel catfish, flathead catfish, black bullhead, yellow bullhead, brown bullhead, freshwater drum, northern redhorse, silver redhorse, spotted sucker, white sucker, river carpsucker, quillback, highfin carpsucker, grass carp, bighead carp, silver carp, shovelnose sturgeon, longnose gar, shortnose gar, bowfin, gizzard shad, goldeye, and mooneye.

    82.2(2) Size limits. Fish shorter than a minimum length or longer than the maximum length shall be returned to the water unharmed. The minimum total length for all catfish is 15 inches. The minimum fork length for shovelnose sturgeon, measured from the tip of the snout to the fork of the tail, is 27 inches. No shovelnose sturgeon longer than 34 inches fork length may be harvested from waters of the Mississippi River bordering Wisconsin. No shovelnose sturgeon less than 27 inches fork length may be possessed in Iowa waters.

    82.2(3) Permitted gear. Hoop nets, trap nets (fyke nets), gill nets, trammel nets, slat nets (basket traps), seines, and trotlines (setlines) may be used by licensed commercial fishers.

    82.2(4) Mesh size restrictions.

    a.  Hoop nets. An escape hole with a minimum diameter of 1½ inches all directions shall be provided within 12 inches beyond the last hoop to the tail-line.

    b.  Trap nets. An escape hole with a minimum diameter of 1½ inches all directions shall be provided within 12 inches beyond the last hoop to the tail-line.

    c.  Gill nets. The webbing shall have a mesh size not less than 3½ inches square measure.

    d.  Trammel nets. The webbing shall have a mesh size not less than 2 inches square measure.

    e.  Seines. There are no mesh size restrictions.

    f.  Slat nets. An escape hole with a minimum diameter of 1½ inches all directions shall be provided in the end opposite the throat.

    82.2(5) Gear attendance. All commercial gear shall be lifted and emptied of catch at the following time intervals, except during periods of inclement weather. Inclement weather is defined as that threatening to life, health, or safety.

    a.  Hoop nets shall be attended at least once every 96 hours and slat nets at least once every 48 hours during open water conditions. Hoop nets shall be attended at least once every 20 days during ice cover conditions.

    b.  Trap nets and trotlines shall be attended at least once every 24 hours.

    c.  Gill nets and trammel nets shall be attended at least once every 24 hours during open water conditions and at least once every 96 hours during ice cover conditions.

    82.2(6) Report of catch. Licensed commercial fishers must comply with the reporting requirements as set forth in Iowa Code section 482.14.

    82.2(7) Duplicate operator’s license. An owner making a request for a duplicate operator’s license will be issued one only after records show the owner has purchased a limit of five operator’s licenses. The duplicate helper’s license will be issued to one individual and is not transferable. The issuing fee is $1.

    82.2(8) Seasons. There is a continuous open season for commercial fishing of all species listed in 82.2(1), except there is a closed season for shovelnose sturgeon from May 16 through October 14. No shovelnose sturgeon may be harvested from gear set prior to midnight on October 15.

    82.2(9) Special shovelnose and bowfin regulations. Shovelnose sturgeon and bowfin must remain intact until the fish reach the final processing facility or business. For the purposes of this subrule, a final processing facility does not include vessels or vehicles.

    82.2(10) Closed areas. The use of entanglement gear, including gill and trammel nets, is prohibited from that area extending 600 feet downstream of the 900-foot existing closed areas (Iowa Code section 482.9(2)) located below each of the locks and dams on the Mississippi River. Shovelnose sturgeon caught in entanglement gear within 600 feet of the mouth of any stream or tributary shall be returned to the water unharmed.

These rules are intended to implement Iowa Code sections 481A.38, 481A.39, 482.1, 482.3, 482.5, and 482.14.

[Filed 4/17/26, effective 6/17/26]

[Published 5/13/26]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/13/26.