ARC 2132C

ARC 2132C

NATURAL RESOURCES DEPARTMENT[561]

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.4 and 483A.24, the Department of Natural Resources hereby gives Notice of Intended Action to amend Chapter 12, "Special Nonresident Deer and Turkey Licenses," Iowa Administrative Code.

Chapter 12 establishes the process by which the Department issues special nonresident hunting licenses to individuals as part of a statewide or local effort to promote the state and its natural resources. The Department is proposing to amend Chapter 12 to provide nonresident disabled active members or veterans of the armed forces the opportunity to buy hunting licenses in Iowa at resident prices. Specifically, Iowa Code section 483A.24(5) requires that 25 of the 75 special nonresident deer hunting licenses, 25 of the 75 special nonresident turkey hunting licenses and an unlimited number of small-game hunting licenses be allocated to qualified nonresident disabled active members or veterans of the armed forces who participate in hunts conducted by organizations that provide hunting experiences for the severely wounded. These nonresident hunting licenses are sold at resident prices. Guidelines for the application process are outlined in these amendments.

The amendments:

1.Establish the criteria that an organization must meet to be eligible to assist disabled military personnel and veterans through this program;

2.Define "nonresident disabled veteran or disabled member of the armed forces" for purposes of this program;

3.Establish the deadline for the submission of applications for these special licenses; and

4.Outline the application submission and approval process.

The amendments also add the phrase "for promotional special licenses" to the catchwords of several rules to better clarify the provisions of the chapter applicable to the general promotion of Iowa and its natural resources from those provisions applicable to the nonresident disabled active members or veterans of the armed forces program.

Any interested person may make written suggestions or comments on the proposed amendments on or before September 22, 2015. Written comments may be directed to Alex Cross, Licensing Section Supervisor, Department of Natural Resources, Wallace State Office Building, 502 E. 9th Street, Des Moines, Iowa 50319-0034; by e-mail at Alex.Cross@dnr.iowa.gov; or by fax to (515)725-8201. Persons who wish to convey their comments orally may contact the Licensing Section at (515)725-8255 or visit the fourth floor of the Wallace State Office Building during regular business hours.

There will be a public hearing on September 22, 2015, at 1 p.m. in Conference Room 4E of the Wallace State Office Building, Des Moines, Iowa. At the public hearing, persons may present their views either orally or in writing. Participants will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendments.

Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and request specific accommodations.

The proposed amendments will have no impact on jobs in the state.

These amendments are intended to implement Iowa Code section 483A.24(5).

The following amendments are proposed.

Item 1. Adopt the following new definitions in rule 561—12.2(483A):

"Approved organization" means an organization that is incorporated under Iowa Code chapter 504 as a nonprofit organization, whose mission involves providing hunting experiences for disabled veterans and military personnel, and that is listed on the IRS exempt organizations list or provides a copy of an IRS determination letter for 501(c) tax-exempt status.

"Nonresident disabled veteran or disabled member of the armed forces" means a person who is a veteran and who has an assigned service-related disability rating of 30 percent or more under United States Code, Title 38, Chapter 11; or a person who is a member of the armed forces serving on active federal duty currently participating in the Integrated Disability Evaluation System (IDES).

Item 2. Amend rule 561—12.2(483A), definition of "Sponsor," as follows:

"Sponsor" means an entity that applies on behalf of one or more hunters. Sponsors shall either conduct business in Iowa and be registered with the secretary of state or have some other affiliation with the state of Iowa.

Item 3. Amend rule 561—12.3(483A) as follows:

561—12.3(483A) Availability of special licenses. The program shall be available to provide no more than the number of special licenses allowed by Iowa Code section 483A.24 to nonresidents through requests submitted by individual hunters, or through a sponsor, or through an approved organization. Sponsors may be located in the state of Iowa.

Item 4. Amend subrule 12.4(2) as follows:

12.4(2) Develop templates for requests for special licenses and provide the templates to hunters, and sponsors, and approved organizations upon request.

Item 5. Amend subrule 12.4(6) as follows:

12.4(6) Establish the date on which applications for special licenses for disabled veterans and disabled active military personnel are due, establish the dates on which the legislative committee will select the conservation organizations and hunters who will receive special licenses, and inform the conservation organizations, the approved organizations and the hunters of their selection.

Item 6. Amend rule 561—12.5(483A), catchwords, as follows:

561—12.5(483A) Request, review, and selection process for promotional special licenses.

Item 7. Amend rule 561—12.6(483A), catchwords, as follows:

561—12.6(483A) Consideration of requests for promotional special licenses.

Item 8. Amend rule 561—12.7(483A), catchwords, as follows:

561—12.7(483A) Ranking criteria for promotional special licenses.

Item 9. Amend rule 561—12.8(483A), catchwords, as follows:

561—12.8(483A) Services provided by recipients of promotional special licenses.

Item 10. Amend rule 561—12.9(483A), catchwords, as follows:

561—12.9(483A) License term for promotional special licenses.

Item 11. Amend rule 561—12.10(483A), catchwords, as follows:

561—12.10(483A) Reporting by recipients of promotional special licenses.

Item 12. Amend rule 561—12.11(483A), catchwords, as follows:

561—12.11(483A) Prohibitions for promotional special licenses.

Item 13. Amend rule 561—12.12(483A), catchwords, as follows:

561—12.12(483A) License costs for promotional special licenses.

Item 14. Amend rule 561—12.13(483A), catchwords, as follows:

561—12.13(483A) Hunter safety requirements for holders of promotional special licenses.

Item 15. Adopt the following new rules 561—12.14(483A) to 561—12.18(483A):

561—12.14(483A) Request, review, and selection processes for special licenses for nonresident disabled veterans or disabled members of the armed forces.

12.14(1) Submission of requests.

a. Individual hunters or approved organizations shall submit a request, or requests, to the coordinator.

(1)A request for a deer license must be on the form provided by the department and shall be submitted to the coordinator by August 1 prior to the season to be hunted.

(2)A request for a turkey license must be on the form provided by the department and shall be submitted to the coordinator at least 14 days prior to the season to be hunted.

(3)A request for a regular hunting license that includes the habitat fee must be on the form provided by the department and shall be submitted to the coordinator prior to the seasons to be hunted.

b. Applicants will not qualify for a deer or turkey license under this rule if they were issued a deer or turkey license under this rule the previous year. However, if there are unclaimed deer or turkey licenses under this rule, then the coordinator may keep a list of applicants who received licenses the previous year and who apply for the current year, and process those applicants' applications through an electronic, unbiased lottery system to determine the recipients of the unclaimed licenses.

c. Hunters awarded a deer license under this rule may purchase preference points for the regular nonresident deer license and shall not lose those preference points when awarded a deer license under this rule.

12.14(2) Review. After the established deadlines have passed, the coordinator shall review the applications for completeness and shall process the complete applications through an electronic, unbiased lottery system to determine the recipients of the special licenses. The coordinator shall exercise discretion and shall also consider the following:

a. Requests from an approved organization or hunter that has been found guilty of a game violation in Iowa or elsewhere shall not be considered for a special license.

b. If special licenses are unclaimed after the established deadlines, the coordinator may set new deadlines and inform participating approved organizations that licenses are still available. Applications shall be processed through an electronic, unbiased lottery system to determine the recipients.

12.14(3) Selection and payment. Upon notice of selection to receive a special license, the approved organization or hunter shall make payment in accordance with rule 561—12.17(483A) to the department through the coordinator. Payment must be made prior to the hunting season for which the license is valid.

561—12.15(483A) License term for disabled veteran and military special licenses. Special deer or turkey licenses issued under these rules shall be valid for only the applicable deer or turkey season immediately following allocation of the license.

561—12.16(483A) Prohibitions for disabled veteran and military special licenses. Photographs, videotapes or any other form of media resulting from the special licenses issued pursuant to this chapter shall not be used for political campaign purposes.

561—12.17(483A) License costs for disabled veteran and military special licenses. A nonresident who obtains a special license issued pursuant to this chapter shall pay the applicable fee as follows:

12.17(1) For a special nonresident deer hunting antlered or any sex deer license or a turkey hunting license, the fee described in Iowa Code section 483A.24(5)"c."

12.17(2) For a special nonresident hunting license that includes the wildlife habitat fee, the fee described in Iowa Code section 483A.24(5)"d."

561—12.18(483A) Hunter safety requirements for disabled veterans and military hunters. As provided in Iowa Code section 483A.24(5), a hunter education certificate is required for holders of special disabled veteran and military licenses issued pursuant to this chapter.