Notice of Intended Action

Wildlife refuges, ch 52

Untitled document

ARC 8607C

NATURAL RESOURCE COMMISSION[571]

Notice of Intended Action

Proposing rulemaking related to wildlife refuges
and providing an opportunity for public comment

The Natural Resource Commission (Commission) hereby proposes to rescind Chapter 52, “Wildlife Refuges,” Iowa Administrative Code, and to adopt a new chapter with the same title.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code sections 481A.5, 481A.6, 481A.9 and 481A.39.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code sections 481A.5, 481A.6, 481A.9 and 481A.39.

Purpose and Summary

Proposed Chapter 52 establishes wildlife refuges on state-owned landsand waters underthe jurisdictionof the Departmentof Natural Resources (Department). Wildlife refuges are sanctuaries for wildlife and help preserve a species’ biological balance pursuant to the provisions of Iowa Code sections 481A.6, 481A.35, and 481A.39; provide for the protection of public parks and public health, safety, and welfare; and effect sound wildlife management. This chapter has been edited consistent with Executive Order 10 (2023). Several long provisions identifying wildlife refuges have been removed and replaced with a more user-friendly list and visual map (with a fixed date) on the Department’s website.

Regulatory Analysis

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on September 4, 2024. A public hearing was held on the following date(s):

●September 24, 2024

Fiscal Impact

This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

This rulemaking is subject to the waiver provisions of 571—Chapter 11. Any person who believes that the application of the discretionary provisions of this rulemaking 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 comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on January 29, 2025. Comments should be directed to:

Monica Thelen
Iowa Department of Natural Resources
6200 Park Avenue, Suite 200
Des Moines, Iowa 50321
Email: monica.thelen@dnr.iowa.gov

Free language assistance: if you speak a non-English language, we offer you language assistance services free of charge. Contact the Department at monica.thelen@dnr.iowa.gov.

Servicios gratuitos de asistencia lingüística: si habla un idioma que no sea el inglés, los servicios de asistencia lingüística están disponibles de forma gratuita. Comuníquese con el Departamento al monica.thelen@dnr.iowa.gov.

Public Hearing

Public hearings at which persons may present their views orally or in writing will be held as follows:

January 28, 2025
12 noon to 1 p.m.

6200 Park Avenue, Suite 200
Des Moines, Iowa

January 29, 2025
12 noon to 1 p.m.

6200 Park Avenue, Suite 200
Des Moines, Iowa

Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

Any persons who intend to attend a hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.

Free language assistance: if you need assistance in a language other than English, contact the Department at monica.thelen@dnr.iowa.gov or civilrights@dnr.iowa.gov or by telephone at 515.571.4010 at least seven days before the event.

Servicios gratuitos de asistencia lingüística: si necesita ayuda en un idioma que no sea inglés, comuníquese con el Departamento al monica.thelen@dnr.iowa.gov o civilrights@dnr.iowa.gov o por teléfono a 515.571.4010 al menos siete días antes del evento.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

ITEM 1.Rescind 571—Chapter 52 and adopt the following new chapter in lieu thereof:

CHAPTER 52

WILDLIFE REFUGES

571—52.1(481A) Established. State-owned lands and water under the jurisdiction of the department of natural resources may be established as wildlife refuges or sanctuaries for the purpose of preserving the biological balance pursuant to the provisions of Iowa Code section 481A.39; for the protection of public parks and public health, safety and welfare; and to effect sound wildlife management.

52.1(1) State parks, recreation areas and preserves. State parks, recreation areas, and preserves listed on the department’s website at www.iowadnr.gov/hunting/hunting-licenses-laws are established as wildlife refuges, except where posted as open to public hunting.

52.1(2) Wildlife refuges. Areas listed on the department’s website at www.iowadnr.gov/hunting/hunting-licenses-laws are established as wildlife refuges where posted. It is unlawful to hunt, pursue, kill, trap, or take any wild animal, bird, or game on these areas at any time, and no one shall carry firearms thereon, except where and when specifically authorized by the department. It is unlawful to trespass in any manner on these areas, where posted, during the dates posted, both dates inclusive, except that department personnel, law enforcement officials, and other persons specifically authorized by the department may enter the area at any time in performance of their duties, and hunters, under the supervision of department staff, may enter the area when specifically authorized by the department.

52.1(3) Waterfowl refuges. Areas listed on the department’s website at www.iowadnr.gov/hunting/hunting-licenses-laws are established as waterfowl refuges where posted. It is unlawful to hunt ducks and geese on these areas, where posted, at any time during the year. It is unlawful to trespass in any manner on these areas, where posted, during the dates posted, both dates inclusive, except that department personnel, law enforcement officials, and other persons specifically authorized by the department may enter the area at any time in performance of their duties, and hunters, under the supervision of department staff, may enter the area when specifically authorized by the department.

52.1(4) Restricted areas. It is unlawful to trespass in any manner on areas posted as restricted areas, except that department personnel, law enforcement officials, and other persons specifically authorized by the department may enter the area at any time in performance of their duties.

This rule is intended to implement Iowa Code sections 481A.5, 481A.6, 481A.9 and 481A.39.

Natural Resource Commission


This Organization is a part of the Natural Resources Department

Closed For Comments

This notice is now closed for comments. Collection of comments closed on 1/29/2025.

Official Document

The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.

View Official PDF

View the Iowa Administrative Bulletin for 1/8/2025.

View Bulletin

Administrative Rule References

The following administrative rule references were added to this document. You may click a reference to view related notices.

Rule 571-52.1

Iowa Code References

The following Iowa code references were added to this document. You may click a reference to view related notices.

Iowa Code 481A.39 Iowa Code 481A.5 Iowa Code 481A.6 Iowa Code 481A.9

Keywords

The following keywords and tags were added to this document. You may click a keyword to view related notices.

Established Restricted areas State parks, recreation areas and preserves Waterfowl refuges Wildlife refuges
Click To Comment