ARC 9900C

ARC 9900C

NATURAL RESOURCE COMMISSION[571]

Notice of Intended Action

Proposing rulemaking related to unprotected nongame
and providing an opportunity for public comment

    The Natural Resource Commission (Commission) hereby proposes to rescind Chapter 76, “Unprotected Nongame,” Iowa Administrative Code, and to adopt a new Chapter 76 with the same title.

Legal Authority for Rulemaking

    This rulemaking is proposed under the authority provided in Iowa Code sections 481A.38, 481A.39 and 481A.42.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code sections 481A.38, 481A.39 and 481A.42.

Purpose and Summary

    Chapter 76 lists the nongame species allowed to be killed without a permit. Under Iowa Code section 481A.38, it is unlawful for any person to take, pursue, kill, trap, or conduct other listed activities against nongame animals except upon terms, conditions, limitations, and restrictions set forth in the Iowa Code or by administrative rule. The Commission has authority under Iowa Code section 481A.42 to designate species of nongame that shall not be protected due to their abundance or habits.

Regulatory Analysis

    A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on September 3, 2025. A public hearing was held on the following date(s):

     ?   September 23, 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.

Public Comment

    Any interested person may submit comments concerning this proposed rulemaking, which must be received by the Department of Natural Resources (Department) no later than 4:30 p.m. on February 2, 2026. Comments should be directed to:

    Free language assistance: If you speak a non-English language, the Department offers language assistance services free of charge. Contact the Department at [email protected].

    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 [email protected].

Public Hearing

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

    Persons who wish to make oral comments at a public hearing will 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 [email protected] or [email protected] or by telephone at 515.250.6886 at least seven days before the event.

    Asistencia lingüística gratuita: Si necesita ayuda en un idioma que no sea inglés, comuníquese con el Departamento al [email protected] o [email protected] o por teléfono a 515.250.6886 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 76 and adopt the following new chapter in lieu thereof:

SEASONS, LIMITS, METHODS OF TAKE

TITLE VIII

CHAPTER 76

UNPROTECTED NONGAME

571—76.1(481A) Species. Certain species of nongame shall not be protected.

    76.1(1) Birds. The European starling (Sturnus vulgaris) and the house sparrow (Passer domesticus) shall not be protected.

    76.1(2) Reptiles.

    a.  Common garter snake (Thamnophis sirtalis).

    b.  Timber rattlesnake (Crotalus horridus) within 50 yards of houses actively occupied by humans.

This rule is intended to implement Iowa Code sections 481A.38, 481A.39, and 481A.42.