Turtle harvesting, amendments to ch 86
ARC 2802C
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 481A.39, 481A.67 as amended by 2016 Iowa Acts, House File 2357, and 482.1, the Natural Resource Commission (Commission) hereby gives Notice of Intended Action to amend Chapter 86, "Turtles," Iowa Administrative Code.
2016 Iowa Acts, House File 2357 (HF 2357), signed by Governor Branstad on March 23, 2016, specifically instructs the Commission to adopt rules establishing commercial and recreational seasons and daily catch limits on turtles. Iowa law requires the Commission, in partnership with the Department of Natural Resources (DNR), to manage the state's turtle population for posterity.
Many surrounding Midwest states have determined their turtle populations can only be sustainably managed by entirely closing commercial harvest (e.g., North Dakota, South Dakota, Nebraska, Kansas, Illinois, and Indiana). The Commission considered this approach. However, as an interim measure and pending the results of HF 2357's five-year study, the Commission has instead determined that commercial and recreational harvest can continue so long as egg-laying females are protected during most of their nesting season and with restrictive daily catch and possession limits. The proposed amendments are structured accordingly.
Nothing in this proposed rule making shall apply to aquaculture operations already regulated pursuant to Iowa Code sections 481A.141 to 481A.145 or 571—Chapter 89. In addition, the proposed rule making does not implement any requirements that may be imposed on commercial harvesters and buyers by the U.S. Department of State or U.S. Fish and Wildlife Service due to the proposed inclusion of wild spiny softshell, smooth softshell, and common snapping turtles in Appendix 3 of the Convention on the International Trade of Endangered Species (CITES).
Although the Commission does not anticipate a significant change in the number of licensed turtle harvesters, buyers, or helpers due to this proposed rule making (or in the sale of recreational fishing licenses generally), there is the possibility of a negative impact on the commercial turtle harvest industry. There may be a loss of jobs and individual harvesters may experience a reduction in income because there will be fewer days to harvest turtles under the proposed season. In the proposed rule making, the Commission has attempted to mitigate any job or income loss, while still setting seasons and daily catch limits as required by HF 2357. The Commission is proposing these amendments to protect Iowa's wild turtle population, held in trust for the public, for posterity; this in turn will ensure the long-term sustainability of Iowa's commercial turtle harvest industry and protect jobs related to it into the future.
Any person may submit written suggestions or comments on the proposed amendments through November 29, 2016. Such written material should be submitted to Martin Konrad, Iowa Department of Natural Resources, 502 East 9th Street, Des Moines, Iowa 50319-0034; by fax to (515)725-8201; or by e-mail to Martin.Konrad@dnr.iowa.gov. Persons who have questions may contact Martin Konrad by e-mail or at (515)725-8447.
Public hearings where persons may present their views orally or in writing will be held November 29, 2016, at 3 p.m. at Marr Park Conservation Education Center, 2943 Hwy. 92, Ainsworth, Iowa; at 5 p.m. in the Wallace State Office Bldg. Auditorium, 502 E. 9th Street, Des Moines, Iowa; and at 7 p.m. at the Lost Island Nature Center – Palo Alto County Conservation, 3267 350th St., Ruthven, Iowa. At the hearings, persons will be asked to give their names and addresses for the record and to confine their remarks to the subjects of the proposed amendments. Persons are also encouraged to submit a written copy of their remarks.
Any person who intends to attend a public hearing and has special requirements, such as those related to mobility or hearing impairments, should contact the DNR to advise of any specific needs.
These amendments are intended to implement Iowa Code sections 481A.39, 481A.67 as amended by 2016 Iowa Acts, House File 2357, 482.1, 482.4, and 482.11.
The following amendments are proposed.
Item 1. Amend subrule 86.1(1) as follows:
86.1(1) Permissive catch Species and season. It shall be lawful to commercially and noncommercially (recreationally) take common snapping turtles, softshells, spiny softshell (Apalone spinifera), smooth softshell (Apalone mutica), and painted (Chrysemys picta) turtles from July 16 to May 14. Common snapping turtles (Chelydra serpentina) may be taken commercially from July 16 to May 14, but may be taken recreationally year-round. Possession of alligator snapping turtles is not permitted. The taking of turtle eggs from wild nests is prohibited. Turtles shall not be harvested from gear set prior to midnight on July 15.
Item 2. Rescind subrule 86.1(3) and adopt the following new subrule in lieu thereof:
86.1(3) Daily catch and possession limits.
a. The following daily catch limits apply to commercial and recreational harvesters, while the possession limits apply only to commercial harvesters:
Turtle Species |
Daily Catch Limit (commercial and recreational) |
Possession Limit (commercial only) |
Common snapping turtle |
4 |
20 |
Spiny softshell and smooth softshell turtle, in aggregate |
1 |
5 |
Painted turtle |
1 |
5 |
b. The possession limit for recreational harvesters is a maximum of 100 pounds of live turtles or 50 pounds of dressed turtles pursuant to Iowa Code section 483A.28. A recreational harvester's daily catch limit shall not exceed this possession limit.
Item 3. Rescind subrule 86.1(4) and adopt the following new subrule in lieu thereof:
86.1(4) Culling. It is unlawful to sort, cull, high-grade, or otherwise replace any turtle in possession.
Item 4. Renumber subrule 86.1(5) as 86.1(7).
Item 5. Adopt the following new subrule 86.1(5):
86.1(5) Tags. All harvesters shall affix a weather-resistant gear tag above the waterline to each piece of gear. The gear tag must plainly show the name, address, and license number of the licensee.
Item 6. Adopt the following new subrule 86.1(6):
86.1(6) Gear attendance. All turtle traps shall be set with the top of the trap visible above the waterline at all times and shall be checked and completely emptied of catch at least once every 72 hours. When a turtle trap is checked, turtles shall either be taken into possession, up to the daily catch limit, or immediately released.
Item 7. Amend rule 571—86.1(481A,482), implementation sentence, as follows:
This rule is intended to implement Iowa Code sections 481A.38, 481A.39, 481A.67 as amended by 2016 Iowa Acts, House File 2357, 482.1, 482.4, and 482.11.
This notice is now closed for comments. Collection of comments closed on 11/29/2016.
The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.
View the Iowa Administrative Bulletin for 11/9/2016.
The following administrative rule references were added to this document. You may click a reference to view related notices.
Rule 571-86.1 Rule 571-86.1(1) Rule 571-86.1(3) Rule 571-86.1(4) Rule 571-86.1(5) Rule 571-86.1(6) Rule 571-86.1(7)The following Iowa code references were added to this document. You may click a reference to view related notices.
Iowa Code 481A.38 Iowa Code 481A.39 Iowa Code 481A.67 Iowa Code 482.1 Iowa Code 482.11 Iowa Code 482.4 Iowa Code 483A.28The following keywords and tags were added to this document. You may click a keyword to view related notices.
Culling Daily catch and possession limits Gear attendance Permissive catch Species and season Tags© 2024; State of Iowa | Privacy Policy