ARC 9227C - Iowa Administrative Rules

Adopted and Filed

Wildlife refuges, ch 52

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ARC 9227C

NATURAL RESOURCE COMMISSION[571]

Adopted and Filed

Rulemaking related to wildlife refuges

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

Legal Authority for Rulemaking

This rulemaking is adopted 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

Chapter 52 establishes wildlife refuges on state-owned lands and waters under the jurisdiction of the Department of 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. 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.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on January 8, 2025, as ARC 8607C. A public hearing was held on the following date(s):

●January 28, 2025

●January 29, 2025

No one attended the public hearings. No public comments were received. No changes from the Notice have been made.

Adoption of Rulemaking

This rulemaking was adopted by the Commission on April 8, 2025.

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.

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).

Effective Date

This rulemaking will become effective on June 18, 2025.

The following rulemaking action is adopted:

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/things-do/hunting-trapping/hunting-regulations-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/things-do/hunting-trapping/hunting-regulations-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/things-do/hunting-trapping/hunting-regulations-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.

[Filed 4/17/25, effective 6/18/25]

[Published 5/14/25]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/14/25.