ARC 3731C

ARC 3731C

NATURAL RESOURCE COMMISSION[571]

Notice of Intended Action

Proposing rule making related to deer hunting

and providing an opportunity for public comment

The Natural Resource Commission hereby proposes to amend Chapter 94, "Nonresident Deer Hunting," and Chapter 106, "Deer Hunting by Residents," 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(1)"a," 481A.39, 481A.48(1), 481A.48(5) and 481A.48(6).

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code sections 481A.38(1)"a," 481A.39, 481A.48(1), 481A.48(5), and 481A.48(6).

Purpose and Summary

Chapter 94 provides rules for deer hunting by nonresidents 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. Chapter 106 provides rules 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.

Chapter 94

All of the rules regarding method of take in Chapter 94 are amended to reference the method of take rules in Chapter 106 to ensure consistency in the rules and to avoid the need to amend both chapters in the future when changes apply to both chapters.

Nonresident license quotas for any-sex and mandatory antlerless licenses in Chapter 94 are decreased in Zones 1, 2, and 10 and increased in Zone 9. The changes in quotas are intended to stabilize a declining deer population in the northwest area of the state, similar to the changes proposed in this rule making regarding Chapter 106. More specifically, both any-sex and mandatory antlerless license quotas are decreased from 180 to 90 in Zones 1 and 2 for all methods of take. Because Iowa Code section 483A.8(3)"b" requires that a nonresident who purchases an any-sex license must also purchase an antlerless license, the two licenses are necessarily paired in the regulations. This decrease results in a corresponding decrease in any-sex licenses for bow season from 63 to 31 because Iowa Code section 483A.8(3)"c" also requires that bow licenses not account for more than 35 percent of nonresident any-sex deer licenses available each year. Similarly, both any-sex and mandatory antlerless license quotas will be decreased from 200 to 100 in Zone 10 for all methods of take, resulting in a corresponding decrease in any-sex licenses available for bow season from 70 to 35. Finally, both any-sex and mandatory antlerless license quotas are increased from 600 to 880 for all methods of take in Zone 9, resulting in an increase in any-sex licenses available for bow season from 210 to 308. The changes to the number of nonresident any-sex and mandatory antlerless licenses available in these four zones result in no net change to the number of nonresident any-sex and mandatory antlerless licenses available statewide.

Chapter 106

Several of the proposed amendments to Chapter 106 involve reestablishment of a January antlerless-deer-only season in Allamakee, Appanoose, Clayton, and Wayne counties and define license requirements, season dates, bag limits, and means and method of take. This season is coupled with increased county quotas and is targeted at slowing the spread of chronic wasting disease (CWD) in the four counties.

Modifications to the resident antlerless deer county quotas are made to Allamakee, Appanoose, Bremer, Butler, Clayton, Fayette, Madison, Wayne, and Winneshiek counties. With the exception of Bremer County, all quotas are increased in order to reduce deer densities for disease control or to alleviate negative human-deer interactions. The quota in Bremer County is decreased modestly as a first attempt to stabilize a healthy local population. Statewide, the overall proposed quota change is an increase of 1,550.

For purposes of deer hunting, a limit of six cartridges is imposed for shotguns, straight wall cartridge (SWC) rifles, and handguns. The six-cartridge limit is being added to improve human and hunter safety and to reduce the likelihood of wounding deer.

Clarifications are made to the definition of a legal handgun and to the legal calibers for SWC rifles. These clarifications will ensure that hunters can determine what firearms are a legal method of take for deer hunting in this state. These definitions apply only to the firearms that may be used while deer hunting and have no bearing on or relevance to other firearms laws. This rule making also removes handguns as a method of take from the late muzzleloader season to restore the original intent of the season.

Lastly, general organization and clarification changes are proposed in Chapter 106. For example, in subrule 106.1(9), two references to 2009 Iowa Acts are being updated to reflect codification as Iowa Code section 483A.8C.

Fiscal Impact

The proposed rule making should not result in any negative fiscal impact to the State. Deer hunting has been relatively constant in Iowa for many years, and none of the proposed changes will substantially alter hunters' ability to purchase tags and pursue deer. The Department expects a very minor increase in license sales with only 1,550 additional tags being available statewide (many of which will be free or low-cost ($10) tags). The Department is not aware of any fiscal impact of this proposed rule making on the general public, counties or local governments.

Jobs Impact

After analysis and review of this rule making, the Department has determined that there should not be a noticeable change overall in deer hunting in the state based upon the proposed rule making. The proposed quotas are designed to keep deer numbers stable in the identified counties and will not significantly alter license sales overall. The following types of jobs are positively impacted by deer hunting in Iowa generally and should see no noticeable change due to this rule making: hunting equipment retailers (firearms, 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.

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 comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on May 1, 2018. Comments should be directed to:

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 Department reception desk to sign in and to 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 subrule 94.6(1) as follows:

94.6(1) Zone license quotas. Nonresident license quotas are as follows:

Item 2. Rescind rule 571—94.7(483A) and adopt the following new rule in lieu thereof:

571—94.7(483A) Method of take. Permitted weapons and devices vary according to the type of season.

94.7(1) Bow season. Bow season is as described in 571—subrule 106.7(1).

94.7(2) Regular gun seasons. Regular gun seasons are as described in 571—subrule 106.7(2).

94.7(3) Muzzleloader seasons. Muzzleloader seasons are as described in 571—subrule 106.7(3).

94.7(4) Prohibited weapons and devices. Prohibited weapons and devices are as described in 571—subrule 106.7(6).

94.7(5) Discharge of firearms from roadway. Discharge of firearms from roadway is as described in 571—subrule 106.7(7).

94.7(6) Hunting from blinds. Hunting from blinds is as described in 571—subrule 106.7(8).

Item 3. Amend subrule 106.1(6) as follows:

106.1(6) January antlerless-deer-only licenses. Rescinded IAB 8/6/14, effective 9/10/14. Only antlerless-deer-only licenses, paid or free, will be issued for the January antlerless-deer-only season. Free antlerless-deer-only licenses shall be available only in the portion of the farm unit located in a county where paid antlerless-deer-only licenses are available during the January antlerless-deer-only season.

Item 4. Amend subrule 106.1(9) as follows:

106.1(9) Nonambulatory deer Deer hunting licenses for nonambulatory persons. The commission shall issue licenses in conformance with 2009 Iowa Acts, Senate File 187 Iowa Code section 483A.8C. A person applying for this license must provide a completed form obtained from the department of natural resources. The application shall be certified by the applicant's attending physician with an original signature and declare that the applicant is nonambulatory using the criteria listed in 2009 Iowa Acts, Senate File 187 Iowa Code section 483A.8C(4). A medical statement from the applicant's attending physician that specifies criteria met shall be on 8½″ × 11″ letterhead stationery. The attending physician shall be a currently practicing doctor of medicine, doctor of osteopathy, physician assistant or nurse practitioner.

Item 5. Amend subrule 106.2(5) as follows:

106.2(5) January antlerless-deer-only season. Rescinded IAB 8/6/14, effective 9/10/14. Antlerless deer may be taken from January 11 through the third Sunday after that date.

Item 6. Amend subrule 106.4(5) as follows:

106.4(5) January antlerless-deer-only season. Rescinded IAB 8/6/14, effective 9/10/14. The daily bag and possession limits and tagging requirements are the same as for the regular gun seasons.

Item 7. Amend subrule 106.6(4) as follows:

106.6(4) January antlerless-deer-only licenses. Rescinded IAB 8/6/14, effective 9/10/14. Licenses for the January antlerless-deer-only season shall be available in the following counties: Allamakee, Appanoose, Clayton, and Wayne. Prior to December 15, a hunter may purchase up to three January antlerless-deer-only licenses. Beginning December 15, an unlimited number of paid antlerless-deer-only licenses may be purchased for the January antlerless-deer-only season until the antlerless-deer-only quota as described in 106.6(6) is met in the aforementioned counties. These licenses may be obtained regardless of any other paid any-sex or paid antlerless-deer-only licenses that may have been obtained.

Item 8. 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 2017–2018 deer season as follows:

Item 9. Amend subrule 106.7(1) as follows:

106.7(1) Bow season. Only longbow, compound, or recurve bows shooting broadhead arrows are permitted during the bow season. Arrows must be at least 18 inches long.

a. Crossbows, as described in 106.7(1)"b," may be used during the bow season in the following two situations:

(1)By persons with certain afflictions of the upper body as provided in 571—15.5(481A) 571—15.22(481A); and

(2)By persons over the age of 70 with an antlerless-deer-only license as provided in Iowa Code section 483A.8A 483A.8B.

b. Crossbow means a weapon consisting of a bow mounted transversely on a stock or frame and designed to fire a bolt, arrow, or quarrel by the release of the bow string, which is controlled by a mechanical trigger and a working safety. Crossbows equipped with pistol grips and designed to be fired with one hand are illegal for taking or attempting to take deer. All projectiles used in conjunction with a crossbow for deer hunting must be equipped with a broadhead.

b. c.No explosive or chemical devices device may be attached to the any arrow, broadhead or bolt (if used with a crossbow).

Item 10. Amend subrule 106.7(2) as follows:

106.7(2) Regular gun seasons. Only 10-, 12-, 16- , and 20-gauge shotguns shooting single slugs, and straight wall cartridge rifles , as described in 106.7(2)"a" and "b," muzzleloaders as described in 106.7(3), and handguns as described more fully in 106.7(3), will be permitted for taking in 106.7(2)"c" to "e" shall be used to take deer during the regular gun seasons. Shotguns, straight wall cartridge rifles, and handguns shall be loaded with no more than six rounds of ammunition (five in the magazine, one in the chamber) while hunting deer.

a. Legal straight wall cartridge rifle calibers for hunting deer in Iowa must meet all of the following criteria:

(1)Be center-fired;

(2)Be straight-walled;

(3)Have a diameter of 0.357 inches to 0.500 inches;

(4)Have a case length no greater than 1.800 inches; and

(5)For rimless cartridges, have a case length of no less than 0.850 inches, and for rimmed cartridges, have a case length of no less than 1.285 inches.

b. Notwithstanding 106.7(2)"a," the following calibers are considered legal straight wall cartridge rifle calibers:

(1).375 Winchester;

(2).444 Marlin; or

(3).45-70 Gov't.

c. Legal centerfire handguns for hunting deer in Iowa must meet all of the following criteria:

(1)Have a 4-inch minimum barrel length;

(2)Have no modifications that would allow the gun to be fired from the shoulder;

(3)Be designed to be shot with one hand using a pistol grip and have either:

1.A cylinder of several chambers brought successively into line with the barrel and discharged with the same hammer; or

2.A magazine feeding a single chamber integral with the barrel and using either the action of a slide or a bolt action to eject the casing, or having a break action capable of only holding one round.

d. Legal centerfire handgun calibers for hunting deer in Iowa must meet all of the following criteria:

(1)Be center-fired;

(2)Be straight-walled;

(3)Have a diameter of 0.357 inches to 0.500 inches;

(4)Have a case length no greater than 1.800 inches; and

(5)For rimless cartridges, have a case length of no less than 0.850 inches, or for rimmed cartridges, have a case length of no less than 1.285 inches.

e. Notwithstanding 106.7(2)"d," the following calibers are considered legal centerfire handgun calibers:

(1).375 Winchester;

(2).444 Marlin; or

(3).45-70 Gov't.

Item 11. Amend subrule 106.7(3) as follows:

106.7(3) Muzzleloader seasons. Only muzzleloading rifles and muzzleloading pistols will be permitted for taking deer during the early muzzleloader season. During the late muzzleloader season, deer may be taken with a muzzleloading rifle, muzzleloading pistol, centerfire handgun, crossbow as described in 106.7(1)"b," or bow as described in 106.7(1).

a. Muzzleloading rifles are defined as flintlock or percussion cap lock muzzleloaded rifles and muskets of not less than .44 caliber and not larger than .775 caliber, shooting single projectiles only.

b. Centerfire handguns must be .357 caliber or larger shooting straight wall cartridges propelling an expanding-type bullet (no full-metal jacket) and complying with all other requirements provided in Iowa Code section 481A.48. In addition, centerfire handguns must be designed to be shot with one hand using a pistol grip and have either:

(1)A cylinder of several chambers brought successively into line with the barrel and discharged with the same hammer; or

(2)A magazine feeding a single chamber integral with the barrel and using either the action of a slide or a bolt action to eject the casing, or having a break action capable of only holding one round.

c. b. Muzzleloading pistols must be .44 caliber or larger, shooting shoot single projectiles only, and have a 4-inch minimum barrel length.

d. Crossbow means a weapon consisting of a bow mounted transversely on a stock or frame and designed to fire a bolt, arrow, or quarrel by the release of the bow string, which is controlled by a mechanical trigger and a working safety. Crossbows equipped with pistol grips and designed to be fired with one hand are illegal for taking or attempting to take deer. All projectiles used in conjunction with a crossbow for deer hunting must be equipped with a broadhead.

e. Legal handgun calibers for hunting deer in Iowa are listed in the department of natural resources' hunting and trapping regulations booklet published each summer and adopted by reference herein. Centerfire handguns and black powder handguns must have a 4-inch minimum barrel length, and centerfire handguns shall not have any parts that extend beyond the back of the pistol grip. There can be no shoulder stock or long-barrel modifications to any handgun.

Item 12. Amend subrule 106.7(5) as follows:

106.7(5) January antlerless-deer-only season. Rescinded IAB 8/6/14, effective 9/10/14. Bows, crossbows, shotguns, muzzleloaders, and handguns as described in this rule, and centerfire rifles .24 caliber or larger, may be used during the January antlerless-deer-only season.

Item 13. Amend subrule 106.7(6) as follows:

106.7(6) Prohibited weapons and devices. The use of dogs, domestic animals, bait, rifles other than muzzleloaded or straight wall cartridge as provided in 106.7(2), 106.7(3) , 106.7(5), and 106.10(5), handguns except as provided in 106.7(2) and 106.7(3) 106.7(5), crossbows except as provided in 106.7(1) and 106.7(3), automobiles, aircraft, or any mechanical conveyance or device, including electronic calls, is prohibited, except that paraplegics and single or double amputees of the legs may hunt from any stationary motor-driven land conveyance. "Bait" means grain, fruit, vegetables, nuts, hay, salt, mineral blocks, or any other natural food materials; commercial products containing natural food materials; or by-products of such materials transported to or placed in an area for the intent of attracting wildlife. Bait does not include food placed during normal agricultural activities. "Paraplegic" means an individual with paralysis of the lower half of the body with involvement of both legs, usually due to disease of or injury to the spinal cord. It shall be unlawful for a person, while hunting deer, to carry or have in possession a rifle except as provided in 106.7(2), 106.7(3), 106.7(5), and 106.10(5). A person in possession of a valid permit to carry weapons may carry a handgun while hunting. However, only the handguns listed as described in 106.7(3) shall 106.7(2) may be used to hunt deer and only when a handgun is a lawful method of take.