ARC 0279D

ARC 0279D

NATURAL RESOURCE COMMISSION[571]

Adopted and Filed

Rulemaking related to captive-reared waterfowl

    The Natural Resource Commission (Commission) hereby rescinds Chapter 93, “Commercial Use of Captive-Reared Waterfowl,” Iowa Administrative Code, and adopts a new Chapter 93 with the same title.

Legal Authority for Rulemaking

    This rulemaking is adopted under the authority provided in Iowa Code sections 455A.5(6)“a,” 481A.55, 481A.126 and 484B.8.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code sections 481A.55, 481A.126 and 484B.8 and 50 CFR 21.63.

Purpose and Summary

    Chapter 93 establishes the commercial use of captive-reared waterfowl and the regulations that apply. 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 9918C. A public hearing was held on the following date(s):

     ?   January 28, 2026

     ?   February 2, 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 93 and adopt the following new chapter in lieu thereof:

CHAPTER 93

COMMERCIAL USE OF CAPTIVE-REARED WATERFOWL

571—93.1(481A) General. Nothing in this chapter authorizes the taking of live waterfowl or their eggs from the wild.

571—93.2(481A) Required markings. All waterfowl released for shooting purposes or sold by a licensed taxidermist must be captive-reared and marked pursuant to Iowa Code section 481A.22 and these rules.

571—93.3(481A) Definitions.

    “Bred in captivity” or “captive-reared” means waterfowl, including eggs hatched in captivity from parents that mated or otherwise transferred gametes in captivity.

    “Captivity” means that live waterfowl are held in a controlled environment that is intensively manipulated by man for the purpose of producing waterfowl of selected species, and that has boundaries designed to prevent waterfowl, eggs or gametes of the selected species from entering or leaving the controlled environment. General characteristics of captivity may include but are not limited to artificial housing, waste removal, health care, protection from predators, and artificially supplied food.

    “Form 3-186” means the U.S. Fish and Wildlife Service form titled “Notice of Transfer or Sale of Migratory Waterfowl.”

    “Waterfowl” means any goose, brant, or duck.

571—93.4(484B) Marked for shooting. All waterfowl released for shooting purposes shall be physically marked by removal of the hind toe from the right foot at not more than four weeks of age.

571—93.5(481A) Commercial sale of captive-reared waterfowl by a taxidermist.

    93.5(1) Taxidermist permit required. No person may perform taxidermy services on migratory birds or their parts, nests, or eggs for any reason other than personal use without a taxidermist permit.

    93.5(2) In addition to the records required by Iowa Code section 481A.126, the permittee must maintain files containing the original of federal Form 3-186 as required by 50 CFR 21.63 (as amended through May 6, 2025). Properly marked, captive-reared mallards are exempt from this requirement.

    93.5(3) All captive-reared waterfowl being purchased or held by a taxidermist for mounting and resale shall have been physically marked by at least one of the following methods:

    a.  Removal of the hind toe from the right foot.

    b.  Pinioning of a wing by the removal of the metacarpal bones of one wing or a portion of the metacarpal bones, which renders the bird permanently incapable of flight.

    c.  Banding of one metatarsus with a seamless metal band.

    d.  Tattooing of a readily discernible number or letter or combination thereof on the web of one foot.

    93.5(4) When any mounted captive-bred waterfowl (except captive-reared, properly marked mallards) are acquired from a taxidermist, the taxidermist shall furnish a copy of federal Form 3-186, indicating all information required by the form and the method or methods by which individual birds are marked as required in 93.5(3).

    93.5(5) The buyer shall retain Form 3-186 on file for the duration of the buyer’s possession of such mounted, captive-reared waterfowl.

These rules are intended to implement Iowa Code sections 481A.55, 481A.126, and 484B.8.

[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.