ARC 6815C

ARC 6815C

NATURAL RESOURCE COMMISSION[571]

Notice of Intended Action

Proposing rule making related to furbearer hunting and trapping

and providing an opportunity for public comment

The Natural Resource Commission (Commission) hereby proposes to amend Chapter 108, "Mink, Muskrat, Raccoon, Badger, Opossum, Weasel, Striped Skunk, Fox (Red and Gray), Beaver, Coyote, River Otter, Bobcat, Gray (Timber) Wolf and Spotted Skunk Seasons," 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," 481A.38, 481A.39 and 481A.87.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code section 481A.87.

Purpose and Summary

Chapter 108 sets the season dates, bag limits, possession limits, and areas open to hunting or trapping furbearers. This rule making proposes to extend the regular furharvest season by one month. The season will end on the last day of February (February 28), rather than the last day of January (January 31). This rule making also proposes a continuous open season statewide for raccoon hunting and trapping. This proposed amendment is biologically responsible, as required by law. It will also increase recreational opportunities for Iowa fur harvesters while reducing negative social issues associated with high raccoon and other furbearer densities.

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 February 6, 2023. Comments should be directed to:

Public Hearing

A public hearing at which persons may present their views orally or in writing will be held as follows. Upon arrival, attendees should proceed to the fourth floor to check in at the Department reception desk and 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 the 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 rule 571—108.1(481A), introductory paragraph, as follows:

571—108.1(481A) Mink, muskrat and weasel. Open season for the taking of mink, muskrat and weasel shall be from 8 a.m. on the first Saturday in November through January 31 February 28 of succeeding year. Entire state open. No bag or possession limit.

Item 2. Amend rule 571—108.2(481A) as follows:

571—108.2(481A) Raccoon, badger Badger, opossum and striped skunk. Open season for the taking of raccoon, badger, opossum, and striped skunk shall be from 8 a.m. on the first Saturday in November through January 31 February 28 of succeeding year. Entire state open. No bag or possession limit.

Item 3. Renumber rules 571—108.3(481A) to 571—108.9(481A) as 571—108.4(481A) to 571—108.10(481A).

Item 4. Adopt the following new rule 571—108.3(481A):

571—108.3(481A) Raccoon.

108.3(1) Hunting. Continuous open season. Entire state open. No bag or possession limit.

108.3(2) Trapping. Continuous open season using cage traps and dog-proof traps year-round. Trapping limitations described in 571—Chapter 110 apply to trapping raccoons from 8 a.m.on the first Saturday in November through February 28 of succeeding year. Entire state open. No bag or possession limit.

Item 5. Amend renumbered rule 571—108.4(481A) as follows:

571—108.4(481A) Red and gray fox. Open season for the taking of red and gray fox shall be from 8 a.m. on the first Saturday in November through January 31 February 28 of succeeding year. Entire state open. No bag or possession limit.

Item 6. Amend renumbered subrule 108.6(2) as follows:

108.6(2) Trapping. Open season for trapping coyote shall be 8 a.m. on the first Saturday in November through January 31 February 28 of succeeding year. Entire state open. No bag or possession limit. Any conservation officer or wildlife biologist may authorize a landowner, tenant or designee to trap coyotes causing damage outside the established trapping season dates.

Item 7. Amend renumbered subrule 108.8(4) as follows:

108.8(4) Season dates. The season for taking river otters and bobcats opens on the first Saturday in November and closes on January 31 February 28 of the following year.