ARC 9904C

ARC 9904C

NATURAL RESOURCE COMMISSION[571]

Notice of Intended Action

Proposing rulemaking related to aquaculture and providing an opportunity for public comment

    The Natural Resource Commission (Commission) hereby proposes to rescind Chapter 89, “Aquaculture,” Iowa Administrative Code, and to adopt a new Chapter 89 with the same title.

Legal Authority for Rulemaking

    This rulemaking is proposed under the authority provided in Iowa Code sections 481A.142 and 481A.143.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code sections 481A.142 and 481A.143 and Executive Order 10.

Purpose and Summary

    Proposed Chapter 89 regulates the sale and propagation of fish, reptiles, and amphibians within the aquaculture industry. The rules include a list of species that are approved for use in aquaculture and a list of diseases that require monitoring and reporting. Additional provisions allow for the permitting of species not on the approved list, while prohibiting the possession and importation of certain species. These rules are intended to reduce the risk of invasive species introductions or the spread of disease from captive to wild populations. This chapter has been reviewed and edited consistent with Executive Order 10.

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 24, 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 4, 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 randy.schultz@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 randy.schultz@dnr.iowa.gov.

Public Hearing

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

    Persons who wish to attend a conference call should contact Randall Schultz via email. A conference call number will be provided prior to the hearing. Persons who wish to make oral comments at a conference call public hearing must submit a request to Randall Schultz prior to the hearing to facilitate an orderly hearing.

    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 randy.schultz@dnr.iowa.gov or civilrights@dnr.iowa.gov or by telephone at 515.326.0430 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 randy.schultz@dnr.iowa.gov o civilrights@dnr.iowa.gov o por teléfono a 515.326.0430 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 89 and adopt the following new chapter in lieu thereof:

CHAPTER 89

AQUACULTURE

571—89.1(481A) Approved aquaculture species. The following approved aquaculture species may be propagated and sold:

FISH

AMPHIBIANS

REPTILES

571—89.2(481A) Importation permit. An importation permit is required to receive, propagate or sell in the state any aquaculture species not listed in 571—89.1(481A). In addition, aquaculture units shall not import live fish, viable eggs, or semen of any species of the salmonid family (trout, salmon or char) and ictalurid family (catfishes and bullheads) unless the owner or operator possesses a fish importation permit. Importation permits may be applied for on forms provided by the department.

571—89.3(481A) Disease-free certification. Importation permits will not be issued for live fish, viable eggs, or semen of any species of the salmonid family (trout, salmon or char) unless the owner or operator of an aquaculture unit provides a statement certifying the fish, eggs or semen to be free of the following diseases.

    89.3(1) Diseases detrimental to the state’s fishery resources.

Viral Hemorrhagic Septicemia (VHS)

Infectious Pancreatic Necrosis (IPN)

Whirling Disease (Myxosoma cerebralis)

Infectious Hematopoietic Necrosis (IHN)

Ceratomyxosis (Ceratomyxa shasta)

Bacterial Kidney Disease (R. salmoninarium)

Proliferative Kidney Disease (PKD)

Enteric Redmouth (Yersinia ruckeri)

Vibriosis (vibrio sp.)

    89.3(2) Reportable diseases. Reportable diseases are detrimental to individual aquaculture units and may be detrimental to wild fish populations. Reportable diseases are Enteric Septicemia of Catfish (Edwardsiella ictaluri) (ESC), Channel Catfish Virus Disease (CCVD) and Furunculosis (Aeromonas salmonicida). Disease certification statements are required for the diseases prior to importation of any live fish, viable eggs, or semen of any species of the Ictalurid (catfishes and bullheads) and Salmonid (trout, salmon and char) families. Importation permits will be considered on a case-by-case basis for fish with reportable diseases.

    89.3(3) Certified pathologists for inspection. All disease certification statements must be issued by approved certified pathologists. A list of approved certified pathologists will be made available to the owner or operator of the aquaculture unit requesting a fish importation permit.

These rules are intended to implement Iowa Code sections 481A.142 and 481A.143.