ARC 6754C

ARC 6754C

NATURAL RESOURCE COMMISSION[571]

Notice of Intended Action

Proposing rule making related to lifetime trout fishing license for disabled veterans and annual fishing and hunting licenses for veterans and providing an opportunity for public comment

The Natural Resource Commission (Commission) hereby proposes to amend Chapter 15, "General License Regulations," 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" and 483A.1(1).

State or Federal Law Implemented

This rule making implements, in whole or in part, 2022 Iowa Acts, Senate Files 581 and 2383.

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.

Recent legislation created or modified several licenses. First, 2022 Iowa Acts, Senate File 581, expands eligibility for lifetime trout fishing licenses to Iowa residents who "qualif[y] for the disabled veteran homestead credit under section 425.15." Second, 2022 Iowa Acts, Senate File 2383, establishes a new annual armed forces fishing license and a new annual armed forces hunting and fishing combined license. These new licenses are available for Iowa residents who have served in the armed forces of the United States on federal active duty (collectively, "veteran licenses"). The legislation provides that the fee for the new veteran licenses shall be no more than $5.

Iowa Code section 483A.1 requires that all license fees be promulgated in rule. Accordingly, this proposed rule making adds these new licenses to Chapter 15 and establishes a $5 fee for each of the new veteran licenses. The lifetime trout fishing fee of $63 already exists in Chapter 15.

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 January 24, 2023. Comments should be directed to:

Public Hearing

A public hearing at which persons may present their views orally will be held via conference call as follows. Persons who wish to attend the conference call should contact Joe Larscheid via email. 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 Joe Larscheid 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 action is proposed:

Adopt the following new paragraphs 15.12(1)"hh," "ii" and "jj":

hh. Trout fishing license, lifetime, disabled veteran — $63.

ii. Fishing license, annual, veteran — $5.

jj. Combination hunting and fishing license, annual, veteran — $5.