ARC 1565C

ARC 1565C

NATURAL RESOURCE COMMISSION[571]

Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code sections 455A.5(6)"a," 481A.38, 481A.39, 481A.67, 481A.73, 481A.74, and 481A.76, the Natural Resource Commission (Commission) hereby gives Notice of Intended Action to amend Chapter 81, "Fishing Regulations," and to rescind Chapter 85, "Trotlines," Iowa Administrative Code.

The purposes of this rule making are as follows:

1.Modify the language in subrule 81.2(1) regarding fishing for muskellunge on the Okoboji lakes to make the subrule easier to read and to change the season to make it consistent with language proposed for the Iowa/Minnesota border muskellunge season. (See Item 2.)

2.Establish special walleye length limits by posting signs and remove Black Hawk Lake from the list of lakes that have additional restrictions on walleye fishing. First, to maximize fishing opportunities without harming the walleye population, the Commission proposes to remove from subrule 81.2(3) the daily bag limit of three for walleye at Black Hawk Lake and replace it with a daily bag limit of five. Second, proposed paragraph 81.2(3)"b" will give staff from the Department of Natural Resources (DNR) the flexibility to manage walleye populations in the same manner as it does bass. For years, the DNR has established bass length limits by posting length limit signs at lakes. Anglers are not only familiar with this approach, but it has proven to be a successful management methodology. (See Item 3.)

3.Modify the fishing regulations on Iowa/Minnesota border lakes. The Iowa/Minnesota border transects five lakes. Fisheries professionals from both states work together to manage these sport fisheries. Changes to subrule 81.2(6) are proposed to sustain quality fishing opportunities on these lakes. In addition to specifying new bag and possession limits for numerous species such as crappie, sunfish, and white bass, this proposed amendment will reduce the walleye, largemouth bass, and smallmouth bass daily bag limit from six to three. (See Item 5 herein.) The proposed walleye daily bag limit is consistent with the existing walleye bag limit of nearby Spirit and East and West Okoboji Lakes; Upper and Lower Gar Lakes; and Minnewashta Lake. The proposed largemouth and smallmouth bass daily bag limit is consistent with Iowa's existing statewide daily bag limit for bass. Therefore, although there will be a reduction in daily bag limits, the proposed limits are consistent with other Iowa locations and will ensure that fishing opportunities on the border lakes are sustained into the future. This will also provide a clear standard to anglers who fish at both border lakes and Okoboji lakes. The Minnesota DNR is also in the process of proposing these same rule changes.

4.Prohibit snagging and bow and arrow and spear fishing at specified Clear Lake and Lost Island Lake locations, as well as at the Lower Gar Lake outlet. The DNR and its partners have made significant investments to restore water quality, aquatic habitats and water-based recreational opportunities at Clear Lake (approximately $13 million) and Lost Island Lake (approximately $1.5 million). Carp are a major contributor to poor water quality, and significant portions of these restoration dollars included methods to eliminate or reduce adult carp reproduction in wetlands adjacent to these lakes. There is evidence that anglers catch carp at outflow areas in these lakes and release them into the wetlands (rather than back into the lake). Evidence includes finding arrow-injured/scarred carp in the wetlands. In other words, human behavior is allowing the carp to bypass the physical and chemical barriers constructed to prevent carp movement into the wetlands. Significantly, the addition of even just a few spawning carp into the wetlands can produce millions of carp in a year that could return to the lake, jeopardizing the success of costly restoration efforts. Bow fishers are also leaving their catch to rot at the sites at which the fish are caught. These dead fish create undesirable conditions for other anglers. In sum, prohibiting snagging and bow and arrow and spear fishing at the locations listed in new paragraph "b" of subrule 81.2(11) will protect water quality as well as ensure an enjoyable environment for other anglers.

Similarly, invasive silver and bighead carp species invaded the Iowa Great Lakes during the 2010 floods. To prevent future invasions, the DNR constructed an electric fish barrier at the outlet area of Lower Gar Lake. Fencing and signage safety measures were implemented around the barrier even though it was designed to pose minimum risk to public safety. Bow fishers are bypassing these safety and access measures and are putting themselves at risk. To eliminate the threat of angler injury at this location, the Commission is proposing to restrict snagging and bow and arrow and spear fishing around the fish barrier. (See Item 6.)

5.Remove hand fishing as a legal means of take for all rough fish (e.g., common carp). This change will make the rules consistent between rough fish and sport fish (hand fishing for sport fish is already illegal). (See Item 6.)

6.Establish the harvest of paddlefish on the Missouri and Big Sioux Rivers. The proposed amendment to paragraph 81.2(4)"e" implements regulations governing the harvest of paddlefish on the Missouri and Big Sioux Rivers, including the number of annual paddlefish fishing licenses that may be issued. This amendment is proposed to implement 2014 Iowa Acts, Senate File 2198, signed by Governor Branstad on April 3, 2014. (See Items 1 and 4.)

7.Rescind Chapter 85. New rule 571—81.3(481A) contains the list of designated areas in the state where anglers may use trotlines or throw lines. This list was previously found in Chapter 85, but it is not necessary to have two chapters of administrative rules on fishing regulations. Therefore, the rescission of Chapter 85 is being proposed, and its content is merged into Chapter 81. (See Item 8.) In addition to moving the list into Chapter 81, the Mississippi River in Allamakee, Clayton, Dubuque, and Jackson Counties is being designated as an approved trotline stream segment. This designation was always intended but was not done in prior rule making due to staff oversight. (See Item 7.)

Any person may submit written suggestions or comments on the proposed amendments through September 4, 2014. Such written material should be submitted to Martin Konrad, Iowa Department of Natural Resources, 502 East 9th Street, Des Moines, Iowa 50319-0034; fax (515)281-8895; or by e-mail to Martin.Konrad@dnr.iowa.gov. Persons who have questions may contact Martin Konrad at (515)281-6976.

Public hearings where persons may present their views orally or in writing will be held as follows:

At the hearings, persons will be asked to give their names and addresses for the record and to confine their remarks to the content of the proposed amendments. Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the DNR and request specific accommodations.

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

These amendments are intended to implement Iowa Code sections 481A.38, 481A.39, 481A.67, 481A.73, 481A.74, and 481A.76.

The following amendments are proposed.

Item 1. Amend rule 571—81.1(481A) as follows:

571—81.1(481A) Seasons, territories, daily bag limits, possession limits, and length limits.

*Also see 571—81.2(481A), Exceptions.

Item 2. Amend subrule 81.2(1) as follows:

81.2(1) Exception closed season. In Lakes West Okoboji and East Okoboji and Spirit Lake, there shall be a closed season on walleye beginning February 15 each year. The annual opening for walleye in these three lakes shall be the first Saturday in May. In these three lakes there shall be a closed an open season on muskellunge and tiger muskie beginning December 1 each year. The annual opening for muskellunge and tiger muskie in these three lakes shall be May 21 the following year from May 21 through November 30.

Item 3. Amend subrule 81.2(3) as follows:

81.2(3) Walleye.

a. Lakes West Okoboji, East Okoboji, Spirit, Upper Gar, Minnewashta, and Lower Gar in Dickinson County, and Storm Lake in Buena Vista County, Clear Lake in Cerro Gordo County, and Big Creek Lake in Polk County. A 17-inch to 22-inch protected-slot length limit shall apply. Walleye less than 17 inches in length and walleye greater than 22 inches in length may be harvested. The daily bag limit shall be three, with a possession limit of six. No more than one walleye greater than 22 inches in length may be taken per day.

b. Clear Lake, Cerro Gordo County. A 14-inch minimum length limit shall apply. The daily bag limit shall be three, with a possession limit of six. No more than one walleye greater than 22 inches in length may be taken per day.

c. Black Hawk Lake, Sac County. A 15-inch minimum length limit shall apply. The daily bag limit shall be three, with a possession limit of six.

d. Big Creek Lake, Polk County. A 15-inch minimum length limit shall apply. The daily bag limit shall be three, with a possession limit of six. No more than one walleye greater than 20 inches in length may be taken per day.

b. Length limits. Length limits shall apply on walleye in public waters that have length limits posted or published.

e. c.Mississippi River. A 15-inch minimum length limit shall apply. All walleye from 20 inches to 27 inches in length that are caught from Mississippi River Pools 12 through 20 must be immediately released alive. No more than one walleye greater than 27 inches in length may be taken per day from Pools 12 through 20.

Item 4. Amend subrule 81.2(4) as follows:

81.2(4) Paddlefish snagging is permitted in all waters of the state designated in rule 571—81.1(481A), except as follows:

a. There shall be no open season in the any Missouri River and Big Sioux River, nor in any tributary of these streams within 200 yards immediately upstream of its confluence with the Missouri and Big Sioux Rivers.

b. Snagging for paddlefish on the Missouri and Big Sioux Rivers is limited to Iowa waters only, beginning in the Big Sioux River below the I-29 bridge to the Big Sioux River's confluence with the Missouri River and in the Missouri River, including all backwaters and sloughs, beginning at the Big Sioux River confluence and extending to the Hamburg Landing boat ramp.

(1)There shall be an open season from March 1 through April 15.

(2)Snagging hours are from sunrise to sunset.

(3)The bag limit is one paddlefish per paddlefish fishing license.

(4)The paddlefish fishing license quota is 950 for resident anglers and 50 for nonresident anglers. Licenses shall be issued on a first-come, first-served basis. The purchase period to obtain a paddlefish fishing license shall be from December 15 through January 31. No duplicate license or transportation tag shall be issued after the start of the season.

(5)Each angler who fishes for paddlefish on the Missouri and Big Sioux Rivers shall have a valid paddlefish fishing license and unused tag. Anglers possessing a paddlefish fishing license and unused tag shall snag fish for the purpose of catching paddlefish only. All snagged fish except for a legal paddlefish taken into possession shall immediately be released alive.

(6)Immediately upon an angler's taking into possession a legal paddlefish, a valid current year transportation tag issued with the license shall be visibly attached to the fish's lower jaw. The tag must be attached in such a manner that it cannot be removed without mutilating or destroying the tag. An angler shall not possess a paddlefish fishing license or transportation tag issued to another angler or tag a paddlefish with a transportation tag issued to another angler. The transportation tag shall be attached before the carcass can be moved in any manner from the place of harvest. The transportation tag shall remain affixed to the paddlefish until the paddlefish is processed for consumption. The paddlefish shall remain intact except for the snout in front of the eye until the fish reaches the final processing place. For the purposes of this subrule, the "final processing place" is defined as the angler's residence or the location where consumption occurs. The transportation tag shall be proof of possession of the carcass by the above-mentioned licensee. During the closed season, the possession of paddlefish on the Missouri and Big Sioux Rivers is prohibited unless the paddlefish are legally taken in Nebraska or South Dakota.

(7)No hooks larger than 5/0 treble or measuring more than 1¼ inches in length when two of the hook points are placed on a ruler are permitted when snagging.

(8)A gaffe hook or other penetrating device may not be used as an aid in the landing of a snagged fish.

b. c.Snagging for paddlefish on the Mississippi River is restricted to the area within 500 yards below the navigation dams and their spillways. No hooks larger than 5/0 treble or measuring more than 1¼ inches in length when two of the hook points are placed on a ruler are permitted when snagging. The open season on the Mississippi River is the period from March 1 through April 15.

c. d.Snagging Except during the Missouri and Big Sioux Rivers open paddlefish fishing season, snagging for paddlefish is not permitted at any time in those areas where snagging is prohibited as a method of take as listed in subrule 81.2(11).

d. e.On the Mississippi River, a 33-inch maximum length limit shall apply; any paddlefish measuring 33 inches or more when measured from the front of the eye to the natural unaltered fork of the tail must immediately be released alive. On the Missouri and Big Sioux Rivers, a 35-inch to 45-inch protected-slot limit shall apply; a paddlefish measuring 35 inches to 45 inches when measured from the front of the eye to the natural unaltered fork of the tail shall immediately be released alive. To measure a paddlefish, the angler shall use a flexible tape and measure along and over the center line contour of the fish while it is lying flat.

Item 5. Amend subrule 81.2(6) as follows:

81.2(6) Exception border lakes. In Little Spirit Lake, Dickinson County; Iowa and Tuttle (Okamanpedan) Lakes, Emmet County; Burt (Swag) Lake, Kossuth County; and Iowa Lake, Osceola County, the following shall apply species have a continuous open season and daily bag and possession limits as set forth below:

a. Walleye—daily bag and possession limit six three;

b. Northern pike—daily bag and possession limit three;

c. Largemouth and smallmouth bass—daily bag and possession limit six three;

d. Channel catfish—daily bag and possession limit eight. Open season on the above fish shall be the Saturday nearest May 1 to February 15 each year.;

e. Yellow perch, white bass, and sunfish—daily bag and possession limit 30, and crappie daily bag and possession limit 15. There is a continuous open season on these species. 25;

f. Crappie species—combined daily bag and possession limit 25;

g. Sunfish (bluegill, pumpkinseed, green sunfish, orangespotted sunfish, longear sunfish, warmouth, and hybrids)—combined daily bag and possession limit 25;

h. White bass, yellow bass, bullhead, common carp, bowfin, suckers, sheepshead, buffalo, gar and quillback—no daily bag or possession limit;

i. Muskellunge—daily bag and possession limit one. Open season shall be May 21 through November 30. A 40-inch minimum length limit shall apply on all border lakes;

f. j.Spears and bow and arrow may be used to take carp, buffalo, dogfish bowfin, gar, sheepshead, and quillback carpsucker from sunrise to sunset during the period from the first Saturday in May to February 15 each year in the above lakes. with a continuous open season;

k. All species not listed above are subject to the inland regulations of the state and have a continuous open season.

Item 6. Amend subrule 81.2(11) as follows:

81.2(11) Method of take. Artificial light may be used in the taking of any fish. The following species of fish may be taken by hand fishing, snagging, spearing, and bow and arrow: common carp, bighead carp, grass carp, silver carp, black carp, bigmouth buffalo, smallmouth buffalo, black buffalo, quillback carpsucker, highfin carpsucker, river carpsucker, spotted sucker, white sucker, shorthead redhorse, golden redhorse, silver redhorse, sheepshead, shortnose gar, longnose gar, dogfish, gizzard shad, and goldfish. All other species of fish not hooked in the mouth, except paddlefish legally taken by snagging, must be returned to the water immediately with as little injury as possible. A fish is foul hooked when caught by a hook in an area other than in the fish's mouth. Snagging is defined as the practice of jerking any type of hook or lure, baited or unbaited, through the water with the intention of foul hooking fish. No hook larger than a 5/0 treble hook or measuring more than 1¼ inches in length when two of the hook points are placed on a ruler are permitted when snagging. Exceptions to snagging as a method of take are as follows:

a.No snagging is permitted in the following areas:

1. (1)Des Moines River from directly below Saylorville Dam to the Southeast 14th Street bridge in Des Moines.

2. (2)Cedar River in Cedar Rapids from directly below the 5 in 1 Dam under I-380 to the 1st Avenue bridge.

3. (3)Cedar River in Cedar Rapids from directly below the "C" Street Roller Dam to 300 yards downstream.

4. (4)Iowa River from directly below the Coralville Dam to 300 yards downstream.

5. (5)Chariton River from directly below Lake Rathbun Dam to 300 yards downstream.

6. (6)Spillway area from directly below the Spirit Lake outlet to the confluence at East Okoboji Lake.

7. (7)Northeast bank of the Des Moines River from directly below the Ottumwa Dam, including the catwalk, to the Jefferson Street Bridge. Snagging from the South Market Street Bridge is also prohibited.

8. (8)Missouri River and the Big Sioux River from the I-29 bridge to the confluence with the Missouri River with the exception of snagging paddlefish and for only paddlefish during the open season.

9. (9)Des Moines River from directly below the Hydroelectric Dam (Big Dam) to the Hawkeye Avenue Bridge in Fort Dodge.

10. (10)Des Moines River from directly below the Little Dam to the Union Pacific Railroad Bridge in Fort Dodge.

11. Clear Lake and Ventura Marsh from the Ventura Grade, Jetty and Bridge.

12. (11)Skunk River from directly below Oakland Mills Dam to the downstream end of the 253rd Street boat ramp.

b. No snagging, bow and arrow fishing, or spearing of fish is permitted in the following areas:

(1)Clear Lake and Ventura Marsh from the Ventura Grade, Jetties and Bridge.

(2)Lost Island Lake Inlet within 300 feet of the concrete culvert and metal fish barrier.

(3)Lost Island Lake Outlet within 300 feet of the outlet structure and metal fish barrier.

(4)Barringer Slough Outlet within 300 feet of the outlet and metal fish barrier.

(5)The outlet area of Lower Gar Lake beginning at 230th Avenue and extending downstream to the signed Iowa Great Lakes Sanitary District property line.

Item 7. Adopt the following new rule 571—81.3(481A):

571—81.3(481A) Trotlines and throw lines.

81.3(1) Where permitted. It shall be lawful to use trotlines or throw lines in all rivers and streams of the state, except in Mitchell, Howard, Winneshiek, Allamakee, Fayette, Clayton, Delaware, Dubuque, and Jackson Counties. Trotlines or throw lines may be used in the above nine counties in the following stream segments: Mississippi River; Maquoketa River, mouth to Backbone State Park Dam; North Fork Maquoketa River, mouth to Jones-Dubuque County line; Turkey River, mouth to the Elkader Dam; and Upper Iowa River, mouth to the first dam upstream in Winneshiek County.

81.3(2) Removal of lines. All trotlines and parts thereof shall be removed from the shore when they are not being actively fished. A trotline shall be considered actively fished if at least once daily the trotline is left with at least one baited hook in the water.

Item 8. Rescind and reserve 571—Chapter 85.