ARC 5034C

ARC 5034C

NATURAL RESOURCE COMMISSION[571]

Notice of Intended Action

Proposing rule making related to wild turkey hunting

and providing an opportunity for public comment

The Natural Resource Commission (Commission) hereby proposes to amend Chapter 98, "Wild Turkey Spring Hunting," and Chapter 99, "Wild Turkey Fall Hunting," 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.48(1).

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code section 481A.48(1).

Purpose and Summary

Chapter 98 regulates spring wild turkey hunting for both residents and nonresidents, and includes season dates, bag limits, possession limits, shooting hours, areas open to hunting, licensing procedures, means and methods of take, and transportation tag requirements. This proposed rule making will amend the start date of the archery-only season to align it with the start date of the combination shotgun-or-archery season. Hunters expect these dates to be the same, and as the rules are currently written, the dates could be different depending on how calendar dates fall.

Chapter 99 regulates fall wild turkey hunting for residents, and includes season dates, bag limits, possession limits, shooting hours, areas open to hunting, licensing procedures, means and methods of take, and transportation tag requirements. This proposed rule making raises the combination shotgun-or-archery quota for Zone 8 from 150 to 200. This proposed increase has been evaluated by the State Forest Wildlife Biologist and local Management Biologist and determined to be biologically responsible at this time. Moreover, statewide participation in fall turkey hunting is declining, so it is anticipated that the modest quota increase in Zone 8 will, at best, balance out reduced participation elsewhere.

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 of Natural Resources (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.

Waivers

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 Department no later than 4:30 p.m. on May 26, 2020. Comments should be directed to:

Public Hearing

A public hearing at which persons may present their views orally or in writing will be held via conference call as follows. Persons who wish to attend the conference call should contact Chris Ensminger. A conference call number will be provided prior to the hearing. Persons who wish to make oral comments at the conference call public hearing must submit a request to Chris Ensminger prior to the hearing to facilitate an orderly hearing.

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 the 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 paragraph 98.2(4)"b" as follows:

b. Archery-only licenses. The season shall be 35 days beginning on the second Monday closest to of April 15.

Item 2. Amend paragraph 99.5(1)"e" as follows:

e. Zone 8. 150 200