ARC 0273D

ARC 0273D

NATURAL RESOURCE COMMISSION[571]

Adopted and Filed

Rulemaking related to rough fish

    The Natural Resource Commission (Commission) hereby rescinds Chapter 83, “Scuba and Skin Spearing of Rough Fish,” Iowa Administrative Code, and adopts a new Chapter 83 with the same title.

Legal Authority for Rulemaking

    This rulemaking is adopted under the authority provided in Iowa Code sections 481A.38, 481A.39 and 481A.67.

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 83 authorizes the taking of rough fish by scuba and skin divers. The chapter contains provisions designating off-limits areas and allowable and not-allowable gear and requiring the use of a diver’s flag. These requirements are to ensure public and diver safety. The Iowa Code requires that these activities be authorized via rulemaking, so this chapter is necessary for these recreational activities to be lawful in Iowa. 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 9915C. 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 83 and adopt the following new chapter in lieu thereof:

CHAPTER 83

SCUBA AND SKIN SPEARING OF ROUGH FISH

571—83.1(481A) When permitted. The spearing of rough fish by scuba and skin divers will be permitted in accordance with the following seasons and rules.

571—83.2(481A) Prohibited areas. Scuba and skin spearing for rough fish shall be lawful in all natural lakes and state-owned meandered streams in Iowa year-round.

    83.2(1) Scuba and skin spearing shall be permitted in streams or impoundments on private land where access is permitted by owner or lessee.

    83.2(2) Scuba and skin spearing is prohibited in all state-owned artificial lakes.

    83.2(3) Scuba and skin spearing is prohibited in all state-owned strip mines, county conservation board areas and fish and game management areas where posted as such.

    83.2(4) Scuba and skin spearing is prohibited within 100 feet of any swimming beach area.

    83.2(5) A valid fishing license shall be required of all individuals engaged in scuba and skin spearing unless the individual is exempt under the provisions of Iowa Code section 483A.17.

571—83.3(481A) Permitted equipment. Permitted equipment to be used in scuba and skin spearing shall be:

    1.   Hand and pole spears.

    2.   Spear guns powered by rubber bands, springs, or pneumatically powered springs.

    3.   If used on powered spear guns, attached to the gun by a cord lanyard or other device.

The overall length of spear gun and cord shall not exceed 20 feet.

571—83.4(481A) Prohibited equipment.

    1.   No power or exploding spear heads will be permitted.

    2.   No guns powered by gunpowder explosive or explosives or compressed gas will be permitted.

571—83.5(481A) Diver’s flag. The “International Diver’s Flag” shall be displayed by each diver or group of divers on a buoy, float or boat during any underwater spear fishing activity. The diver or group of divers must stay within a 100-foot circle of the flag.

571—83.6(481A) Employees exempt. Underwater scuba and skin spearing regulations shall not apply to authorized agents of the department of natural resources when engaged in research or management studies or enforcement.

These rules are intended to implement Iowa Code sections 481A.38, 481A.39, and 481A.67.

[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.