ARC 6064C

ARC 6064C

NATURAL RESOURCE COMMISSION[571]

Adopted and Filed

Rule making related to lifetime trout fishing license

The Natural Resource Commission (Commission) hereby amends Chapter 15, "General License Regulations," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is adopted under the authority provided in Iowa Code sections 455A.5(6)"a" and 483A.1(1).

State or Federal Law Implemented

This rule making implements, in whole or in part, 2021 Iowa Acts, House File 234.

Purpose and Summary

Chapter 15 establishes hunting, fishing, and trapping license fees and governs license sales and refunds, among other topics. Iowa law requires most persons, whether residents or nonresidents, to obtain an applicable license and pay a fee prior to fishing, hunting, or trapping.

2021 Iowa Acts, House File 234 (signed into law on June 8, 2021), establishes a new lifetime trout fishing license for Iowa residents who are at least 65 years of age. Iowa Code section 483A.1 requires that all license fees be promulgated in rule. Accordingly, this rule making adds this new license to Chapter 15 and establishes its $63 fee.

Public Comment and Changes to Rule Making

Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 6, 2021, as ARC 5957C.

A virtual public hearing was held on October 26, 2021, at 12:30 p.m.Two members of the public attended the public hearing. One suggested a fee of $75, and the other supported a fee of $65.

A total of 308 other comments were received during the public comment period. The comments suggested fees ranging from $0 to $200. The vast majority of comments favored a total fee of $65.

In response to these public comments, the proposed fee of $65 has been lowered to $63. This $63 license fee, combined with a $2 administration fee, will result in a total amount of $65 as favored by most commenters. In addition, the paragraph was revised to more closely match the language of other paragraphs in subrule 15.12(1).

Adoption of Rule Making

This rule making was adopted by the Commission on November 10, 2021.

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.

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).

Effective Date

This rule making will become effective on January 5, 2022.

The following rule-making action is adopted:

Adopt the following new paragraph 15.12(1)"gg":

gg. Trout fishing license, lifetime, 65 years of age or older — $63.

[Filed 11/10/21, effective 1/5/22]

[Published 12/1/21]

Editor's Note: For replacement pages for IAC, see IAC Supplement 12/1/21.