ARC 3624C

ARC 3624C

NATURAL RESOURCE COMMISSION[571]

Notice of Intended Action

Proposing rule making related to bobcat harvest zone

and providing an opportunity for public comment

The Natural Resource Commission hereby proposes to amend Chapter 108, "Mink, Muskrat, Raccoon, Badger, Opossum, Weasel, Striped Skunk, Fox (Red and Gray), Beaver, Coyote, River Otter, Bobcat, Gray (Timber) Wolf and Spotted Skunk Seasons," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code sections 455A.5(6), 481A.38, 481A.39 and 481A.87.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code sections 481A.38, 481A.39 and 481A.87.

Purpose and Summary

The Commission proposes to add 12 counties to the bobcat harvest zone starting in 2018. These 12 counties are Cedar, Cherokee, Clinton, Jackson, Jasper, Johnson, Lyon, Plymouth, Polk, Scott, Shelby, and Sioux counties. Population data from the past ten years reveals that Iowa's bobcat population continues to grow and expand its distribution into more counties with suitable habitat. This data is compiled from a variety of sources, such as hunter surveys, harvest information, field reports, and sightings.

Fiscal Impact

The proposed rule making does not require any financial expenditure to implement. There is no anticipated staff time, training, or resource expenses associated with the change in the bobcat harvest zone. The Department anticipates a modest increase in the fur harvester license sales from the proposed rule making. Resident fur harvester licenses, with the wildlife habitat fee, are $31.50 per year pursuant to Iowa Code section 483A.1(1)"p." If the Department sold five additional fur harvester licenses per newly opened county (5 x 12 = 60), these license sales would generate approximately $1,890 in new revenue ($31.50 x 60) for the State Fish and Game Protection Fund. A copy of the impact statement is available upon request from the Department.

Jobs Impact

The proposed rule making may have a minor positive impact on jobs by increasing overall trapping and hunting activity in these added counties. This proposed rule making will enable trappers and hunters to harvest bobcats over a larger area of the state each season, which may result in more business for the private sector in the following areas: hunting and trapping gear and other related equipment, and taxidermy work, and which could also lead to increased business for restaurants, hotels, and gas stations as people move around the state participating in the sport. A copy of the impact statement is available upon request from the Department.

Waivers

This rule making is subject to the waiver provisions of 561—Chapter 10. Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any.

Public Comment

Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on March 6, 2018. Comments should be directed to:

Persons may also convey their comments orally by visiting the Clear Lake Fish Hatchery during regular business hours.

Public Hearing

A public hearing at which persons may present their views orally or in writing will be held. Upon arrival, attendees should proceed to the fourth floor to check in at the Department's reception desk to sign in and be directed to the appropriate hearing location:

Persons who wish to make oral comments at the public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.

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 Department and advise of specific needs.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making 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).

The following rule-making action is proposed:

Amend subrule 108.7(2) as follows:

108.7(2) Open area. River otters may be taken statewide. Bobcats may be taken in the following counties: Adair, Adams, Appanoose, Audubon, Cass, Clarke, Crawford, Cedar, Cherokee, Clinton, Dallas, Davis, Decatur, Des Moines, Fremont, Guthrie, Harrison, Henry, Iowa, Jackson, Jasper, Jefferson, Johnson, Keokuk, Lee, Louisa, Lucas, Lyon, Madison, Mahaska, Marion, Mills, Monona, Monroe, Montgomery, Muscatine, Page, Plymouth, Polk, Pottawattamie, Poweshiek, Ringgold, Scott, Shelby, Sioux, Taylor, Union, Van Buren, Wapello, Warren, Washington, Wayne, and Woodbury.