ARC 2697C

ARC 2697C

NATURAL RESOURCE COMMISSION[571]

Adopted and Filed Emergency After Notice

Pursuant to the authority of Iowa Code sections 455A.5(6), 481A.38, 481A.39, 481A.48(1), 483A.8, 483A.8B, 483A.8C, 483A.24, and 483A.24B, the Natural Resource Commission (Commission) hereby amends Chapter 106, "Deer Hunting by Residents," Iowa Administrative Code.

Chapter 106 sets regulations for deer hunting by residents and includes season dates, bag limits, possession limits, shooting hours, areas open to hunting, licensing procedures, means and methods of take, and transportation and reporting requirements. This adopted amendment keeps the antlerless-deer-only license quotas the same for 2016 as they were for the last two years. The regulation changes enacted for the 2014 season, which were maintained in the 2015 season, appear to have stabilized deer numbers at the levels agreed to in 2009 by the Deer Study Advisory Group (DSAG). The DSAG was created to review, analyze, and make recommendations on issues relating to the state's deer population.

Notice of Intended Action was published in the Iowa Administrative Bulletin on May 11, 2016, as ARC 2533C. Public comment was accepted through June 1, 2016. A public hearing was also held on that date. One person attended the hearing. Only two comments were received, but neither was germane to the substance of this rule making. One commenter asked for the high-powered rifle season to be reinstated in southern Iowa and for an investigation to be conducted to quantify economic impacts of Iowa's deer herd on cattle farmers. The second commenter requested the state's deer depredation program be amended to include cattle producers.

This amendment is identical to that published under Notice.

Pursuant to Iowa Code section 17A.5(2)"b"(1)(b), the Commission finds that the normal effective date of this amendment, 35 days after publication, should be waived and that this amendment should be made effective upon filing because this rule confers a benefit on the public by establishing a state deer season that opens September 17, 2016. A normal 35-day effective date would put this rule into effect almost three weeks too late.

This amendment does not provide for a waiver because any such request may be submitted under the Commission's general rule on waivers and variances at 571—Chapter 11.

This amendment will have a neutral impact on jobs in the state. The following types of jobs are positively impacted by deer hunting generally and should see no noticeable change due to this rule making: hunting equipment retailers (weapons, ammunition, clothing, chairs, stands, binoculars, and other supporting equipment); field guides and outfitters; taxidermists; and restaurants, hotels, and gas stations for hunters traveling around the state.

This amendment is intended to implement Iowa Code sections 481A.38, 481A.39, 481A.48, 483A.8, 483A.8B, 483A.8C, 483A.24, and 483A.24B.

This amendment became effective on August 12, 2016.

The following amendment is adopted.

Amend subrule 106.6(6) as follows:

106.6(6) Antlerless-deer-only licenses. Paid antlerless-deer-only licenses will be available by county for the 2015 2016 deer season as follows:

[Filed Emergency After Notice 8/12/16, effective 8/12/16]

[Published 8/31/16]

Editor's Note: For replacement pages for IAC, see IAC Supplement 8/31/16.