ARC 3627C

ARC 3627C

NATURAL RESOURCE COMMISSION[571]

Notice of Intended Action

Proposing rule making related to artificial and natural marshes and providing an opportunity for public comment

The Natural Resource Commission hereby proposes to amend Chapter 45, "Boat Motor Regulations," Chapter 51, "Game Management Areas," and Chapter 52, "Wildlife Refuges," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code sections 455A.5(6)"a," 462A.26(2)"b," 481A.38, 481A.39 and 481A.48.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code sections 462A.26(2)"b," 481A.5, 481A.6 and 481A.38(1)"a."

Purpose and Summary

Chapter 45 regulates the type, size, and horsepower of water vessels accessing natural and artificial lakes and marshes under the jurisdiction of the Commission. When the Shimon family donated portions of land now known as the Shimon Marsh Wetlands Complex to the State of Iowa, they did so with a deed requirement that no motorized vessels be allowed on site. This restriction was never codified in Chapter 45, which is necessary to accurately enforce the property's use requirements. The proposed amendments will add this restriction to Chapter 45.

Chapter 51 regulates the use of hunting blinds and decoys on game management areas, among other activities. The proposed amendments clarify that the decoy regulations in subrule 51.6(3) apply to all decoys, not just to waterfowl decoys.

Chapter 52 establishes Iowa's state game refuges. The Commission is proposing to amend the chapter to correct an error that misclassifies two state game refuges as waterfowl refuges. The Commission and the Department of Natural Resources (Department) have considered—and regulated—portions of Ventura Marsh in Cerro Gordo County and portions of Crystal Hills in Hancock County as state game refuges for years, but they are misclassified in the chapter as waterfowl refuges. This is a nonsubstantive correction to prevent confusion for anyone reviewing Chapter 52.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa. A copy of the impact statement is available upon request from the Department.

Jobs Impact

After analysis and review of this rule making, no impact on jobs has been found. A copy of the impact statement is available upon request from the Department.

Waivers

This rule 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 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 actions are proposed:

Item 1. Amend rule 571—45.5(462A) as follows:

571—45.5(462A) Artificial marshes. A motorboat equipped with any power unit mounted or carried aboard the vessel may be operated on the following listed artificial marshes under the jurisdiction of the department of natural resources at a speed not greater than 5 miles per hour between January 1 and August 31 and with no speed restrictions between September 1 and December 31.

Bays Branch, Guthrie County

Big Marsh, Butler County

Brown's Slough, Lucas County

Cardinal Marsh, Winneshiek County

Dudgeon Lake, Benton County

Elk Creek Marsh, Worth County

Green Island, Jackson County

Hendrickson Marsh, Story County

Hooper Pond, Warren County

North Colyn, Lucas County

Otter Creek Marsh, Tama County

Princeton Area, Scott County

Riverton, Fremont County

Round Pond, Johnson County

South Colyn, Lucas County

Sweet Marsh, Bremer County

Walnut Creek Marsh, Ringgold County

Willow Slough, Mills County

Woodpecker Marsh, Wayne County

Nothing in this rule is to be construed as limiting motorboat horsepower on natural marshes under the jurisdiction of the department of natural resources.

Item 2. Adopt the following new rule 571—45.6(462A):

571—45.6(462A) Natural marshes.

45.6(1) General use. There shall be no horsepower limitations on vessels operated on natural marshes unless otherwise specified by subrule 45.6(2).

45.6(2) Limitations. The following vessel type, size, or horsepower restrictions shall apply as designated:

Shimon Marsh Wetlands Complex, Pocahontas County—nonmotorized vessels only.

Item 3. Amend subrule 51.6(3) as follows:

51.6(3) Use of waterfowl decoys. The use of waterfowl decoys on any game management area, except on Pool 14 downstream of the Upper Mississippi River National Wildlife and Fish Refuge (River Mile 502) near Princeton, Iowa, and on Pools 15, 16, 17, and 18 of the Mississippi River, is restricted as follows:

Decoys are prohibited from one hour after sunset until midnight each day, and decoys cannot be left unattended for over 30 minutes between midnight and one hour after sunset. Decoys shall be considered as removed from an area when they are picked up and placed in a boat, vehicle or other container at an approved access site.

Item 4. Amend subrules 52.1(2) and 52.1(3) as follows:

52.1(2) Wildlife refuges. The following areas under the jurisdiction of the department of natural resources are established as wildlife refuges where posted. It shall be unlawful to hunt, pursue, kill, trap, or take any wild animal, bird, or game on these areas at any time, and no one shall carry firearms thereon, except where and when specifically authorized by the department of natural resources. It shall also be unlawful to trespass in any manner on the following areas, where posted, during the dates posted, both dates inclusive, except that department personnel, law enforcement officials, and other persons specifically authorized by the department of natural resources may enter the area at any time in performance of their duties, and hunters, under the supervision of department staff, may enter the area when specifically authorized by the department of natural resources.

AreaCounty

South Twin LakeCalhoun

Ventura MarshCerro Gordo

Allen Green RefugeDes Moines

HendersonDickinson

Ingham LakeEmmet

Crystal HillsHancock

Hawkeye Wildlife AreaJohnson

Colyn AreaLucas

Gladys Black Eagle RefugeMarion

Five Island LakePalo Alto

Polk City RefugePolk

Smith AreaPottawattamie

Green Valley LakeUnion

52.1(3) Waterfowl refuges. The following areas under the jurisdiction of the department of natural resources are established as waterfowl refuges where posted. It shall be unlawful to hunt ducks and geese on the following areas, where posted, at any time during the year. It shall be unlawful to trespass in any manner on the following areas, where posted, during the dates posted, both dates inclusive, except that department personnel, law enforcement officials, and other persons specifically authorized by the department of natural resources may enter the area at any time in performance of their duties, and hunters, under the supervision of department staff, may enter the area when specifically authorized by the department of natural resources.

AreaCounty

Lake IcariaAdams

Pool Slough Wildlife AreaAllamakee

Rathbun AreaAppanoose, Lucas, Wayne

Sedan BottomsAppanoose

Sweet MarshBremer

Big MarshButler

Union HillsCerro Gordo

Ventura MarshCerro Gordo

Round LakeClay

Jemmerson Slough ComplexDickinson

Forney LakeFremont

Riverton AreaFremont

Dunbar SloughGreene

Bays BranchGuthrie

Crystal HillsHancock

Eagle FlatsHancock

Eagle LakeHancock

Green Island AreaJackson

Muskrat SloughJones

Red Rock AreaMarion, Polk, Warren

Badger LakeMonona

Chichaqua AreaPolk

McCauslandScott

Princeton AreaScott

Otter Creek MarshTama

Rice Lake AreaWinnebago

Snyder Bend LakeWoodbury

Elk Creek MarshWorth