ARC 0274D

ARC 0274D

NATURAL RESOURCE COMMISSION[571]

Adopted and Filed

Rulemaking related to promiscuous fishing

    The Natural Resource Commission (Commission) hereby rescinds Chapter 84, “Promiscuous Fishing,” Iowa Administrative Code, and adopts a new Chapter 84 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.76.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code sections 481A.38 and 481A.76.

Purpose and Summary

    Chapter 84 regulates the taking of imperiled fish populations by licensed anglers. “Imperiled” refers to situations where there is an imminent danger of fish loss (die off) through natural causes. This chapter allows the Commission to issue an order allowing the public to salvage these fish before they die and go to waste by authorizing more permissive methods of take than are generally allowed. 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 9906C. 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 84 and adopt the following new chapter in lieu thereof:

CHAPTER 84

PROMISCUOUS FISHING

571—84.1(481A) General. The natural resource commission may, after an investigation, when it is found there is imminent danger of loss of fish through natural causes, authorize by public order the taking of fish from any area and by such means as the commission may deem advisable to salvage such imperiled fish populations.

    84.1(1) Method of take. Fish may be taken by any means except by use of dynamite, poison, electric shocking devices or any stupefying substances.

    84.1(2) Commercial purposes. This rule shall not authorize the taking of fish for commercial purposes.

This rule is intended to implement Iowa Code chapter 481A.

[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.