Notice of Intended Action

Fish kill counting and assessment of restitution—use of American Fisheries Society (AFS) special publication 35, 113.2

Untitled document

ARC 4921C


Notice of Intended Action

Proposing rule making related to restitution for pollution causing injury to wild animals and providing an opportunity for public comment

The Natural Resource Commission (Commission) hereby proposes to amend Chapter 113, "Restitution for Pollution Causing Injury to Wild Animals," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code sections 455A.5(6) and 481A.151.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code sections 455A.5(6) and 481A.151.

Purpose and Summary

Iowa Code section 481A.151 authorizes the Commission to adopt rules incorporating the methods and values published by the American Fisheries Society (AFS) for use by the Department of Natural Resources (Department) when conducting fish kill counts and assessing restitution for damages to the state's natural resources and wildlife. The Commission has done so in Chapter 113. The proposed amendment would update the definition of "AFS" in 571—113.2(481A) by changing "Special Publication 30" to "Special Publication 35." Special Publication 35 is the most current version of the AFS publication regarding fish and freshwater mollusk counting methods and restitution valuation. The alternative of not adopting the newest version of the AFS publication would require the Department to use a document that is no longer considered the best available publication for these purposes.

Fiscal Impact

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

Jobs Impact

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


This rule is subject to the waiver provisions of 571—Chapter 11. 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 Commission 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 Commission no later than 4:30 p.m.on March 5, 2020. Comments should be directed to:

Joe Larscheid

Iowa Department of Natural Resources

Wallace State Office Building

502 East Ninth Street

Des Moines, Iowa 50319

Fax: 515.725.8201


Public Hearing

Five public hearings at which persons may present their views orally or in writing will be held as follows:

March 5, 2020

12 noon to 2 p.m.

Wallace State Office Building

Conference Room 4E

Des Moines, Iowa

March 5, 2020

12 noon to 2 p.m.

Spirit Lake Hatchery

Conference Room

122 252nd Avenue

Spirit Lake, Iowa

March 5, 2020

12 noon to 2 p.m.

Cold Springs District Office

Conference Room

57744 Lewis Road

Lewis, Iowa

March 5, 2020

12 noon to 2 p.m.

Manchester Hatchery

Conference Room

22693 205th Avenue

Manchester, Iowa

March 5, 2020

12 noon to 2 p.m.

Lake Darling District Office

Conference Room

110 Lake Darling Road

Brighton, Iowa

Persons who wish to make oral comments at a 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 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 rule 571—113.2(481A), definition of "AFS," as follows:

"AFS" means the Special Publication 30 35, "Investigation and Monetary Values of Fish and Freshwater Mussel Mollusk Kills," published by the American Fisheries Society.

Natural Resource Commission

This Organization is a part of the Natural Resources Department

Closed For Comments

This notice is now closed for comments. Collection of comments closed on 3/5/2020.

Official Document

  • Fish kill counting and assessment of restitution—use of American Fisheries Society (AFS) special publication 35, 113.2
  • Published on 2/12/2020
  • 786 Views , 0 Comments
  • Notice of Intended Action

The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.

View Official PDF

View the Iowa Administrative Bulletin for 2/12/2020.

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Administrative Rule References

The following administrative rule references were added to this document. You may click a reference to view related notices.

Rule 571-113.2
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