ARC 0278D

ARC 0278D

NATURAL RESOURCE COMMISSION[571]

Adopted and Filed

Rulemaking related to aquatic invasive species

    The Natural Resource Commission (Commission) hereby rescinds Chapter 90, “Aquatic Invasive Species,” Iowa Administrative Code, and adopts a new Chapter 90 with the same title.

Legal Authority for Rulemaking

    This rulemaking is adopted under the authority provided in Iowa Code section 456A.37.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code section 456A.37.

Purpose and Summary

    Chapter 90 contains restrictions related to aquatic invasive species and provides a list of those species. The purpose of this chapter is to prevent introductions of invasive species and limit the spread of invasive species that have already been detected in Iowa. Aquatic invasive species can negatively impact native species; interfere with recreational activities, such as boating and fishing; and interfere with water supply infrastructure. 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 9917C. 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 90 and adopt the following new chapter in lieu thereof:

CHAPTER 90

AQUATIC INVASIVE SPECIES

571—90.1(456A) Definitions. As used in this chapter:

    “Commission” means the natural resource commission.

    “Department” means the department of natural resources.

    “Director” means the director of the department of natural resources.

    “Introduce” means to release a species into waters of the state. “Introduce” does not include the immediate return of a nonnative species to waters of the state from which it was removed.

    “Transport” means to move a species into or within the state and includes accepting or receiving the species for transportation or shipment. “Transport” does not include the unintentional transport of a species within a water of the state or to a connected water of the state where the species being transported is already present.

    “Watercraft” means a device used or designed for navigation on water.

571—90.2(456A) Aquatic invasive species. For the purposes of this rule, the following species and any hybrids, cultivars, or varieties of the species are designated as aquatic invasive species.

    90.2(1) Aquatic invasive plants.

    90.2(2) Aquatic invasive fish.

    90.2(3) Aquatic invasive invertebrates.

    90.2(4) Federal noxious weed list. For purposes of this rule, the aquatic plants listed in 7 CFR Section 360.200 as amended to June 17, 2026, are also designated as aquatic invasive species.

    90.2(5) Injurious wildlife species. For purposes of this rule, aquatic species listed in 50 CFR Sections 16.11 through 16.15 as amended to June 17, 2026, are also designated as aquatic invasive species.

571—90.3(456A) Restrictions.

    90.3(1) A person shall not possess, introduce, import, purchase, sell, barter, propagate, or transport aquatic invasive species in any form in this state, except:

    a.  By written permission of the director;

    b.  For disposal as part of a harvest or control activity;

    c.  When a species is being transported to the department, or to another destination as directed by the department, in a sealed container for purposes of identifying the species or reporting the presence of the species;

    d.  When the specimen has been lawfully acquired dead and, in the case of plant species, when all seeds are removed or are otherwise secured in a sealed container;

    e.  In the form of herbaria or other preserved specimens;

    f.  When a species is being removed from watercraft and equipment or when a species is caught by an angler and immediately returned to the water from which it came; or

    g.  When an individual angler possesses a species that has been caught and immediately killed.

    90.3(2) A conservation officer, other licensed peace officer, or employee of the department may seize or dispose of all specimens of aquatic invasive species unlawfully possessed, introduced, imported, purchased, sold, bartered, propagated, or transported in the state.

571—90.4(456A) Infested waters.

    90.4(1) Designation of infested waters. The department will designate infested waters of the state and publish the names of infested waters in the fishing regulations brochure and on the department webpage, www.iowadnr.gov/programs-services/aquatic-invasive-species, and will provide notice through other available means where practical. At any time, the department may designate additional waters or remove from designation those waters that are no longer infested.

    90.4(2) Restricted activities on infested waters. The department may restrict boating, fishing, swimming, and trapping in infested waters of the state. When determining when to restrict activities in infested waters, the department will consider:

    a.  The extent of a species’ distribution within the state;

    b.  The likely means of spread for a new species; and

    c.  Whether restrictions specific to infested waters containing a specific species will effectively reduce that species’ spread.

These rules are intended to implement Iowa Code section 456A.37.

[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.