ARC 6929C

ARC 6929C

NATURAL RESOURCE COMMISSION[571]

Adopted and Filed

Rule making related to lifetime trout fishing license for disabled veterans and annual fishing and hunting licenses for veterans

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, 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, expanded 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, established 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 provided 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 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.

Public Comment and Changes to Rule Making

Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 14, 2022, as ARC 6754C. A public hearing was held on January 24, 2023, at 10 a.m. via video/conference call. No one attended the public hearing.

One hundred thirty-four comments regarding Senate File 2383 and 148 comments regarding Senate File 581 were received. Approximately three-fourths of the comments expressed support for the rule making. Comments not supporting the rule making primarily focused on the cost of the new license offerings. These comments suggested fees ranging from no fee at all to no reduction in fees (i.e., charging the same fees as for the standard resident licenses). Because the licenses are established by law, no changes from the Notice have been made.

Adoption of Rule Making

This rule making was adopted by the Commission on February 9, 2023.

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 April 12, 2023.

The following rule-making action is adopted:

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.

[Filed 2/10/23, effective 4/12/23]

[Published 3/8/23]

Editor's Note: For replacement pages for IAC, see IAC Supplement 3/8/23.