ARC 9905C

ARC 9905C

NATURAL RESOURCE COMMISSION[571]

Notice of Intended Action

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

    The Natural Resource Commission (Commission) hereby proposes to rescind Chapter 86, “Turtles,” Iowa Administrative Code, and to adopt a new Chapter 86 with the same title.

Legal Authority for Rulemaking

    This rulemaking is proposed under the authority provided in Iowa Code sections 481A.38, 481A.39, 481A.67, 482.1, 482.5 and 482.11.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code sections 481A.38, 481A.39, 481A.67, 482.1, 482.4, 482.5 and 482.11.

Purpose and Summary

    Proposed Chapter 86 regulates the taking and possession of turtles from the waters of the State. These regulations ensure a sustainable harvest, which protects turtle populations from overharvest. This is accomplished by providing daily catch and possession limits, providing gear and method of take provisions, and designating open season dates.  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 the 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 the 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 the 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 86 and adopt the following new chapter in lieu thereof:

CHAPTER 86

TURTLES

571—86.1(481A,482) Harvesting. Turtles may be harvested from waters of the state subject to the following regulations.

    86.1(1) Species and season. It shall be lawful to commercially and noncommercially (recreationally) harvest spiny softshell Apalone spinifera, smooth softshell Apalone mutica, and painted Chrysemys picta turtles from July 16 through May 14. Common snapping turtles Chelydra serpentina may be harvested commercially from July 16 through May 14 and recreationally year-round. Harvesting turtle eggs from wild nests is prohibited. Turtles shall not be harvested from gear set prior to midnight on July 15.

    86.1(2) Methods. Harvest of turtles shall only be by hand, turtle hook, turtle trap, licensed commercial fishing gear in the Mississippi and Missouri Rivers only, and hook-and-line. Turtle traps shall be constructed with no more than one throat or funneling device. The last hoop to the tail-line of turtle traps shall have an unobstructed, functional escape hole with a minimum diameter in all directions of 7½ inches to allow passage of fish and small turtles. Barrel- and floating-type turtle traps must also meet the unobstructed, functional escape hole criterion.

    86.1(3) Daily catch and possession limits.

    a.  The following daily catch limits apply to commercial and recreational harvesters, while the possession limits apply only to commercial harvesters:

    b.  The possession limit for recreational harvesters is a maximum of 100 pounds of live turtles or 50 pounds of dressed turtles pursuant to Iowa Code section 483A.28. A recreational harvester’s daily catch limit shall not exceed this possession limit.

    86.1(4) Culling. It is unlawful to sort, cull, high-grade, or otherwise replace any turtle in possession.

    86.1(5) Tags. All harvesters shall affix a weather-resistant gear tag above the waterline to each piece of gear. The gear tag must plainly show the name, address, and license number of the licensee.

    86.1(6) Gear attendance. All turtle traps shall be set with the top of the trap visible above the waterline at all times and shall be checked and completely emptied of catch at least once every 72 hours. When a trap is checked, turtles shall either be taken into possession up to the daily catch limit or immediately released.

    86.1(7) Exclusions. Iowa Code chapter 482 does not apply to turtles taken and imported from outside the state. The boundary waters are considered to be within the state.

This rule is intended to implement Iowa Code sections 481A.38, 481A.39, 481A.67, 482.1, 482.4, 482.5, and 482.11.