reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 13 - Permits and Easements for Construction and Other Activities on Public Lands and Waters › Rule 571-13.15 - Violations; Types of Enforcement Actions; Citation and Notice of Violation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Violations.
a. A person
				shall be in violation of these rules and Iowa Code section
				461A.4 in the event the person
				does any of the following:
(1) Performs
				construction on or undertakes other activities that alter the physical
				characteristics of public lands or waters under the jurisdiction of or managed
				by the commission without a permit required by these rules;
(2) Performs such work out of conformance
				with specific requirements enumerated in a permit issued in accordance with
				these rules; or
(3) Fails to comply
				with an order of the commission under these rules.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 13 - Permits and Easements for Construction and Other Activities on Public Lands and Waters › Rule 571-13.16 - Removal Orders

Current through Register Vol. 47, No. 3, July 24, 2024
If the violation includes the unauthorized placement of
				  materials or personal property on the public lands or public waters under the
				  jurisdiction of the commission, and the person, who may include a permittee or
				  authorized agent but may not, fails to comply with the action required by the
				  notice, the director may cause a proposed removal order to be issued to the
				  person responsible for such placement. The proposed removal order shall specify
				  the removal action required and include notice of the right to an
				  administrative appeal including a contested case hearing under procedures in
				  571-Chapter 7. The proposed decision in a contested case may be appealed to the
				  commission under 571-Chapter 7. If there is no appeal from a proposed decision
				  that includes a removal requirement, the proposed decision shall be presented
				  to the director for review and adoption. A removal order approved by the
				  director shall constitute final agency action under Iowa Code sections 461A.4
				  and 461A.5A and may be enforced
				  through an original action in equity filed in a district court of the state by
				  the attorney general on behalf of the department and the
				  commission.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 13 - Permits and Easements for Construction and Other Activities on Public Lands and Waters › Rule 571-13.17 - Civil Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
The department may assess a civil penalty of up to $5,000 per
				  offense for each violation of these rules, provided the department does not
				  utilize a criminal citation for a violation. Each day the violation continues
				  shall be a separate offense or violation. Penalties shall be assessed through
				  issuance of an administrative order of the director which recites the facts and
				  the legal requirements that have been violated and a general rationale for the
				  prescribed fines. The order also may be combined with any other order
				  authorized by statute for mandatory or prohibitory injunctive conditions and is
				  subject to normal contested case and appellate review under procedures in
				  571-Chapter 7. The proposed decision in a contested case may be appealed to the
				  commission under 571-Chapter 7. The commission may refer orders that include
				  singular or cumulative penalties over $10,000 to the attorney general's
				  office.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 13 - Permits and Easements for Construction and Other Activities on Public Lands and Waters › Rule 571-13.18 - Report of Completion

Current through Register Vol. 47, No. 3, July 24, 2024
Once an approved activity is completed, the permittee shall
				  notify the department through PERMT using the project's PERMT identification
				  number created through the original application process. The activity shall be
				  subject to final approval before the department determines that the conditions
				  of the permit have been met.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 13 - Permits and Easements for Construction and Other Activities on Public Lands and Waters › Rule 571-13.19 - Final Inspection

Current through Register Vol. 47, No. 3, July 24, 2024
Once the permittee notifies the department pursuant to rule
				  571-13.18 (455A,461A), the
				  department shall inspect the permitted area to ensure that the permittee has
				  complied with the terms of the permit. Such inspection shall occur within 60
				  days of the department's receipt of the notice provided pursuant to rule
				  571-13.18 (455A,461A). In the
				  event the department does not provide final inspection within 60 days of the
				  department's receipt of the notice provided pursuant to rule
				  571-13.18 (455A,461A), the
				  permittee shall be deemed compliant and the permit shall expire. The intent of
				  this inspection is to evaluate compliance with permit conditions and the
				  impacts to the natural resources and the public's recreational use of the
				  area.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 13 - Permits and Easements for Construction and Other Activities on Public Lands and Waters › Rule 571-13.20 - Permit Extensions

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to the expiration of a permit, a permittee or an
				  authorized agent may submit a written request by email to the department for an
				  extension of the permit. In evaluating whether to grant the extension, the
				  department will consider the work completed, the work to be performed, the
				  extent to which the permit extension is needed and the extent to which the
				  permittee has made efforts to meet the obligations of the original permit. The
				  department reserves the right to modify the conditions of a permit as part of
				  any extension. An extension granted by this rule is not a project
				  modification.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 13 - Permits and Easements for Construction and Other Activities on Public Lands and Waters › Rule 571-13.21 - Project Modifications

Current through Register Vol. 47, No. 3, July 24, 2024
If projects are modified to the extent that the additional or
				  modified work would not be allowed within the original permit, the permittee
				  must apply for a new permit for the additional or modified
				  work.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 13 - Permits and Easements for Construction and Other Activities on Public Lands and Waters › Rule 571-13.22 - Transferability

Current through Register Vol. 47, No. 3, July 24, 2024
Permits are transferable only upon written approval of the
				  department and only after the department is satisfied that the permitted
				  activities will not change and the new permittee would be eligible to receive a
				  permit under subrule 13.7(3).
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 13 - Permits and Easements for Construction and Other Activities on Public Lands and Waters › Rule 571-13.51 - Leases

Current through Register Vol. 47, No. 3, July 24, 2024
Where a permitted structure or related activity will have a
				  continuing impact on the availability or desirability of public lands or public
				  waters or exceeds the scope of littoral or riparian rights, the permittee must
				  enter into a lease covering the area affected by the construction. Fees for
				  leases shall be determined by 571-Chapter 17 or other methods approved by the
				  commission and executed pursuant to Iowa Code section
				  461A.25. Requests for leases
				  shall be made on the form and shall include the information required by rule
				  571-13.9 (455A,461A,462A) under
				  Division I of this chapter. The department may grant a lease if, in the
				  department's sole discretion, the lease will not impair the state's intended
				  use of the area during the term of the lease; the lease will not negatively
				  impact a federal interest, including related deed restrictions, related to the
				  area during the term of the lease; and the lease will not result in an
				  exclusive use.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 13 - Permits and Easements for Construction and Other Activities on Public Lands and Waters › Rule 571-13.52 - Easements

Current through Register Vol. 47, No. 3, July 24, 2024
The director may grant an easement to political subdivisions
				  and utility companies pursuant to Iowa Code section
				  461A.25, provided the following
				  terms are met:
(1) Requests for
				easements shall be made on the form and shall include the information required
				by rule 571-13.9 (455A,461A,462A) under
				Division I of this chapter. The department may grant an easement if, in the
				department's sole discretion, the easement will not impair the state's intended
				use of the area during the term of the easement or the easement will not
				negatively impact a federal interest, including related deed restrictions,
				related to the area during the term of the agreement.
(2) The value of an easement shall be
				determined by the director based upon a real estate appraisal or other method
				approved by the commission, as evidenced in the meeting minutes thereof. In
				addition to fees for easements, the director may assess the applicant for the
				reasonable transaction costs associated with the issuing of an easement
				including the cost of appraisals, other methods of establishing values, and
				land surveys. In determining the fee for an easement, the department may
				consider the value the proposed activity may contribute to the department's
				management of the affected property.
(3) Recipients of any easements granted
				pursuant to this rule shall assume liability for structures installed pursuant
				to such easement and shall comply with the standards enumerated in rule
				571-13.7(455A,461A,462A), as applicable, in the sole discretion of the
				department.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 13 - Permits and Easements for Construction and Other Activities on Public Lands and Waters › Rule 571-13.53 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
The department and the commission are under no legal
				  obligation to provide any person a legal interest in property under the
				  jurisdiction of the commission. An applicant may appeal to the director a
				  decision of the department regarding leases and easements and request that the
				  director reconsider a condition of an easement or a lease or a denial of an
				  easement or a lease. The determination of the director shall be final agency
				  action.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 14 - Concessions › Rule 571-14.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Concessionaire"
means a person or firm
				  granted a contract to operate a concession in a state park or recreation area.
				  The concessionaire is an independent contractor and not an employee or agent of
				  the department.
"Concession operation"
means operating a
				  business within a concession area in a state park or recreation area including,
				  but not limited to, boat rental, snack food sales, beach operation, and sale of
				  fishing bait and tackle.
"Department"
means the same as defined in
				  Iowa Code section 461A.1(2).
"Director"
means the same as defined in Iowa
				  Code section 461A.1(3).
"Friends group or organization"
means an
				  organization incorporated under Iowa Code chapter 504 as a not-for-profit group
				  which has been formed solely for the purposes of promoting and enhancing a
				  particular state park, recreation area, or the Iowa state park system, or any
				  combination of the three.
"Gross receipts"
means the total amount
				  received, excluding sales tax, realized by or accruing to the concessionaire
				  from all sales, for cash or credit, of services, accommodations, materials, or
				  other merchandise pursuant to rights granted in the contract, including gross
				  receipts of subconcessionaires. All moneys paid into coin-operated devices,
				  except telephones, shall be included in gross receipts.
"New concession"
means the right to
				  establish a concession operation in an area that does not currently have a
				  concessionaire or an area where the department wishes to invite bids for a
				  mobile type concession operation.
"Newspaper"
means the same as described in
				  Iowa Code section 618.3.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 14 - Concessions › Rule 571-14.2 - Advertising or Notice Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
New concession.
a.
				Advertising. When the department desires to obtain a new concession operation
				to offer multiple concession services in an area, the department shall
				advertise the request for proposals on the targeted small business website and
				the department's requests for proposals website. The department shall advertise
				a notice for the request for proposals in one newspaper of statewide
				circulation and in at least one newspaper designated by the county to be used
				for official publications in the county in which the state park or recreation
				area is located.
b. The notice
				shall state the following:
(1) The names and
				location of the area(s) in which concession operations are available.
(2) The general types of services the
				department would expect a concessionaire to furnish.
(3) How to obtain the request for proposals
				information.
(4) The deadline for
				submission of proposals to the department.
c. The department shall allow a minimum of 15
				days between the date of publication of advertisements and the deadline for
				submission of proposals.
d. The
				request for proposals shall include the following information:
(1) A scope of work that contains detailed
				information regarding the types of services expected to be offered by the
				concessionaire and the history of the gross receipts reported for the previous
				five operating years by the prior concessionaire (if applicable); bid terms
				acceptable to the department; the name, address, and telephone number of the
				person to contact regarding the request for proposals; and the date and time by
				which the proposals must be received by the department.
(2) A map of the park in which the concession
				operation is proposed.
(3) A sample
				of the contract the successful bidder will be expected to sign.
(4) Samples of report forms that the
				concessionaire must submit to the department while the concession is in
				operation.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 14 - Concessions › Rule 571-14.3 - Bidding Process

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Proposals.
Persons interested in operating a concession in a
				state park or recreation area shall submit a proposal in the format requested
				in the request for proposals. It is the bidder's responsibility to inspect the
				area proposed for concession operation and be fully aware of the condition and
				physical layout of the area. The proposal shall also include an explanation of
				any proposed operation not mentioned in the request for proposals. Concession
				facilities shall be bid on an "as is" basis unless the department agrees in
				writing to undertake certain improvements.
a.
				The department reserves the right to reject any or all bids.
b. If no bids are received for a concession
				operation, the department may:
(1) Readvertise
				for bids; or
(2) Contact interested
				persons and attempt to negotiate a contract; or
(3) Determine that there will be no
				concession operation in that particular area that year.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 14 - Concessions › Rule 571-14.4 - Selection of a Concessionaire

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall select the concessionaire it determines
				  to be best suited for a concession operation in a state park or recreation area
				  upon evaluation of the following information:
1. The services proposed in the concession
				operation.
2. The concessionaire's
				managerial experience and other concession-related experience.
3. The concessionaire's financial stability,
				based upon a review of the concessionaire's existing profitability, equity,
				available cash, and other applicable financial data.
4. The annual lease payment bid.
5. The length of contract proposed.
6. A check of all business and personal
				references given in the proposal.
7. The use of environmentally friendly
				practices and materials including, but not limited to, participation in
				recycling programs, use of items that contain recycled-content materials, use
				of energy-efficient appliances and equipment, and light pollution
				reduction.
8. The results of a
				criminal background check and driver's license record check.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 14 - Concessions › Rule 571-14.5 - Concession Contract-general

Current through Register Vol. 47, No. 3, July 24, 2024
The term of the concession contract shall be for no more than
				  a ten-year period without being subject to the renewal process as outlined in
				  this chapter. The contract may be amended during its term, in writing, and
				  effective only if the amendments are approved by all parties.
(1)
Construction.
The
				contract may allow the construction of department-approved buildings or other
				facilities by the concessionaire in lieu of annual concession fee payments on
				an equal value basis. The value of the buildings or facilities shall be based
				on actual, documented cost of construction. Any structures built under this
				contract condition shall become state property and cannot be removed by the
				concessionaire unless removal is required by the contract.
(2)
Insurance.
Insurance
				coverage required to be carried by the concessionaire shall be "occurrence"
				type rather than "claims made."
(3)
Exclusive rights.
The contract gives the concessionaire
				exclusive rights to conduct the concession operation in a particular state park
				or recreation area. The concessionaire must have department approval prior to
				allowing other vendors to do business in the area under the terms of the
				contract. This provision does not prohibit the department from allowing other
				vendors in an area if the department identifies a service that is not under
				contract with the concessionaire and the concessionaire declines to provide
				that service.
(4)
Temporary
				authorization.
If necessary, the department director shall have
				authority to issue a temporary letter of authorization to enable the successful
				bidder to operate a concession pending approval of the contract by the
				commission if commission approval is required by statute. The letter of
				authorization will incorporate all stipulations and conditions of the contract.
				The term of the letter of authorization shall not exceed 90 calendar days from
				the date of issuance.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 14 - Concessions › Rule 571-14.6 - Dispute Resolution

Current through Register Vol. 47, No. 3, July 24, 2024
Should a dispute arise between the concessionaire and the
				  department as to the interpretation of contract stipulations or whether the
				  concessionaire is performing satisfactorily, the concessionaire shall initially
				  meet with the local staff and district supervisor. If the matter cannot be
				  resolved, the bureau chief will attempt to resolve the dispute. If the dispute
				  cannot be resolved, the contract shall be terminated and the department may
				  advertise for bids in accordance with this chapter. The requirements of Iowa
				  Code section 17A.18(3) 
				  shall apply to any contract termination under the provisions of this rule. The
				  provisions of this rule shall not be a bar to or prerequisite of the provisions
				  of rule 571-14.7
				  (461A).
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 14 - Concessions › Rule 571-14.7 - Suspension or Termination for Cause

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Emergency suspension.
If
				the department determines that continued operation of the concession presents
				an immediate hazard to the public health, safety or welfare or is in violation
				of any state law or policy, the department may immediately suspend the contract
				by notice procedures described in the contract. The notice shall contain
				specific reasons for the emergency suspension.
The department may enforce the suspension by physically
				  closing the concession premises. The department may assign employees to operate
				  any part of a concession which the department determines should be opened
				  during a suspension in order to provide continued services for park
				  users.
If possible, the concessionaire may take action to correct
				  the hazardous situation and request reinstatement of the contract if the
				  department agrees that a hazardous situation no longer exists.
(2)
Termination of
				contract.
The department may terminate the contract, for one or more
				of the following reasons:
a. Failure to
				correct a hazardous condition within a reasonable time specified in the notice
				of emergency termination.
b.
				Nonconformance with the stipulations of the contract including payment of
				fees.
c. Unsatisfactory performance
				of the concessionaire.
Upon notice of termination of the contract, the
				  concessionaire may request a hearing under the provisions of natural resource
				  commission rules in 571-Chapter 7.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 15 - General License Regulations › Rule 571-15.1 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this chapter is to provide rules for license
				  fees, sales, refunds and administration; implement the wildlife violator
				  compact and penalties for multiple offenses; and administer special licenses
				  available for hunting and fishing.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 15 - General License Regulations › Rule 571-15.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purposes of this division, the following definitions
				  shall apply, in addition to those found in Iowa Code chapter 483A:
"Administration fee"
means the fee collected
				  by the department to pay a portion of the cost of administering the sale of
				  licenses through electronic means.
"Immediate family member"
means the spouse,
				  a domestic partner, and all minor children of the licensee or person seeking a
				  license.
"Licensee"
means a person who applies for
				  and receives a license under these rules from the department.
"Retail"
means the sale of goods or
				  commodities to the ultimate consumer, as opposed to the sale of goods or
				  commodities for further distribution or processing.
"Wholesale"
means the sale of goods or
				  commodities for resale by a retailer, as opposed to the sale of goods or
				  commodities to the ultimate consumer.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 15 - General License Regulations › Rule 571-15.3 - Form of Licenses

Current through Register Vol. 47, No. 3, July 24, 2024
Every license shall contain a general description of the
				  licensee. At the time of application, the applicant for a license must provide
				  the applicant's date of birth and either a social security number or a valid
				  Iowa driver's license number. The license shall be signed by the applicant and
				  shall clearly indicate the privilege granted.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 15 - General License Regulations › Rule 571-15.4 - Administration Fee

Current through Register Vol. 47, No. 3, July 24, 2024
An administration fee of $1.50 per privilege purchased shall
				  be collected from the purchaser at the time of purchase, except upon the
				  issuance of free landowner deer and turkey hunting licenses, free annual
				  hunting and fishing licenses, free annual fishing licenses, free group home
				  fishing licenses, and boat registrations, renewals, transfers, and duplicates.
				  An administrative fee of $3.65 will be collected from the purchaser at the time
				  of boat registration, renewal, transfer, and duplicate
				  purchases.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 15 - General License Regulations › Rule 571-15.5 - Electronic License Sales

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Designation as license agent.
The director may designate a
				retail business establishment, an office of a governmental entity, or a
				nonprofit corporation as an agent of electronically issued licenses in
				accordance with the provisions of this rule.
(2)
Application.
Application
				forms to sell electronically issued licenses may be secured by a written or
				in-person request to the Licensing Section, Department of Natural Resources,
				Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa
				50319-0034. The following information must be provided on the application form:
a. The legal name, address, and telephone
				number of the entity applying for designation;
b. The hours open for business and general
				service to the public;
c. A brief
				statement of the nature of the business or service provided by the
				applicant;
d. Type of Internet
				connection (dial up or high speed) used for accessing the electronic licensing
				system; and
e. A signature by an
				owner, partner, authorized corporate official, or public official of the entity
				applying for designation.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 15 - General License Regulations › Rule 571-15.6 - Refund or Change Requests for Special Deer and Turkey Hunting Licenses and General Licenses

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Death of licensee.
The fee for a deer or turkey hunting
				license will be refunded to the licensee's estate when a licensee's death
				predates the season for which the license was issued and a written request from
				the licensee's spouse, executor or estate administrator is received by the
				department within 90 days of the last date of the season for which the license
				was issued.
(2)
Military
				duty.
The fee for a deer or turkey hunting license will be refunded if
				the licensee is a member of the armed forces and is either deployed or
				activated for a national or state emergency during the season for which the
				license was issued. A written refund request must be received by the department
				within 90 days of the last date of the season for which the license was
				issued.
(3)
License
				changes.
The department will attempt to change a licensee's choice of
				season or type of license if a written request is received by the licensing
				section prior to the start of the established season.
(4)
Other refund requests.
Except as previously described in this rule, the department will not issue
				refunds for any licenses.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 15 - General License Regulations › Rule 571-15.7 - Proof of Residency Required

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall have the authority to require persons
				  applying for or who have received resident licenses to provide additional
				  information to determine the person's principal and primary residence or
				  domicile and residency status. Whether a person was issued resident or
				  nonresident licenses by the department in previous years shall not be a
				  determining factor of residency. Persons required to provide additional
				  information under this rule shall be notified in writing by the department and
				  shall have 60 days to submit all required information to the
				  department.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 15 - General License Regulations › Rule 571-15.8 - Residency Status Determination

Current through Register Vol. 47, No. 3, July 24, 2024
Upon receipt of information requested from the person, the
				  department may determine whether the person is a resident or a nonresident for
				  purposes of these rules and Iowa Code chapter 483A. The department shall
				  provide the person with written notice of the finding.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 15 - General License Regulations › Rule 571-15.9 - Suspension or Revocation of Licenses When Nonresidents Obtain Resident Licenses

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Suspension or revocation of license.
If the department finds
				that a nonresident has obtained a resident license, the department shall
				provide written notice of intent to revoke and suspend hunting, fishing, or
				trapping licenses as provided in 571-Chapter 7. If the person requests a
				hearing, it shall be conducted in accordance with 571-Chapter 7.
(2)
Dates of suspension or
				revocation.
The suspension or revocation shall be effective upon
				failure of the person to request a hearing within 30 days of the notice
				described in subrule 15.9(1) or upon issuance of an order affirming the
				department's intent to suspend or revoke the license after the hearing. The
				person shall immediately surrender all licenses and shall not apply for or
				obtain new licenses for the full term of the suspension or
				revocation.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 15 - General License Regulations › Rule 571-15.10 - Licenses-fees

Current through Register Vol. 47, No. 3, July 24, 2024
Except as otherwise provided by law, a person shall not fish,
				  trap, hunt, harvest, pursue, catch, kill, take in any manner, use, have
				  possession of, sell, or transport all or a part of any wild animal, bird, game,
				  turtle, or fish, the protection and regulation of which is desirable for the
				  conservation of resources of the state, without first obtaining a license for
				  that purpose and paying a fee as follows:
(1)
Residents.
a. Fishing license, annual - $20.
b. Fishing license, three-year -
				$60.
c. Fishing license, seven-day
				- $13.50.
d. Fishing license,
				one-day - $8.50.
e. Third-line
				fishing permit, annual - $12.
f.
				Fishing license, lifetime, 65 years of age or older - $59.50.
g. Fishing license, lifetime, disabled
				veteran or POW - $5.
h. Paddlefish
				fishing license, annual - $23.50.
i. Trout fishing fee - $12.50.
j. Boundary waters sport trotline license,
				annual - $24.
k. Hunting license,
				annual - $20.
l. Hunting license,
				annual, including the wildlife habitat fee - $33.
m. Hunting license, three-year, including the
				wildlife habitat fee - $99.
n.
				Hunting license, lifetime, 65 years of age or older - $59.50.
o. Combination hunting and fishing license,
				annual, including the wildlife habitat fee - $53.
p. Combination hunting and fishing license,
				lifetime, disabled veteran or POW - $5.
q. Deer hunting license - $30.
r. First antlerless deer license -
				$25.50.
s. Additional antlerless
				deer license - $12.
t. Wildlife
				habitat fee - $13.
u. Migratory
				game bird fee - $10.
v. Wild turkey
				hunting license - $26.50.
w. Fur
				harvester license, annual - $24.
x.
				Fur harvester license, annual, including the wildlife habitat fee - $37.
y. Fur harvester license, annual,
				under 16 years of age - $5.50.
z.
				Fur harvester license, lifetime, 65 years of age or older - $59.50.
aa. Fur dealer license, annual -
				$264.
bb. Aquaculture unit license,
				annual - $30.
cc. Retail bait
				dealer license, annual - $36.
dd.
				Wholesale bait dealer license, annual - $146.50.
ee. Game breeder license, annual -
				$18.
ff. Taxidermy license, annual
				- $18.
gg. Trout fishing license,
				lifetime, 65 years of age or older - $63.
hh. Trout fishing license, lifetime, disabled
				veteran - $63.
ii. Fishing license,
				annual, veteran - $5.
jj.
				Combination hunting and fishing license, annual, veteran -
				$5.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 15 - General License Regulations › Rule 571-15.16 - Multiple Offenders-revocation and Suspension of Hunting, Fishing, and Trapping Privileges From Those Persons Who Are Determined to Be Multiple Offenders

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
For the purpose of this rule, the following
				definitions shall apply:
"Department"
means the Department of Natural
				  Resources, Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa
				  50319-0034.
"Multiple offender"
means any person who has
				  equaled or exceeded five points for convictions in Iowa Code chapters 481A,
				  481B, 482, 483A, 484A, 484B, and 716 during a consecutive three-year period as
				  provided in subrule 15.16(3).
"Revocation"
means the taking or
				  cancellation of an existing license or privilege.
"Suspension"
means to bar or exclude one
				  from applying for or acquiring licenses or privileges for future
				  seasons.
(2)
Recordkeeping procedures.
For the purpose of administering
				this rule, it shall be the responsibility of the clerk of district court for
				each county to deliver, on a monthly basis, disposition reports of each charge
				filed under Iowa Code chapters 456A, 481A, 481B, 482, 483A, 484A, 484B, and 716
				to the department. Dispositions and orders of the court of all cases filed on
				the chapters listed in this subrule shall be sent to the department regardless
				of the jurisdiction or the department of the initiating officer.
a.
License suspensions.
In
				the event of a license suspension pursuant to Iowa Code section
				481A.133, the clerk of court
				shall immediately notify the department.
b.
Entering information.
Upon receipt of the disposition information from the clerks of court, the
				department will, on a monthly basis, enter this information into a licensed
				system that is directly accessible to all law enforcement agencies of the
				state.
c.
Disposition
				report information.
Information from the disposition report that will
				be entered into an electronic license system which includes but may not be
				limited to the following:
(1) County of
				violation,
(2) Name of
				defendant,
(3) Address of
				defendant,
(4) Social security or
				driver's license number,
(5) Date
				of birth,
(6) Race,
(7) Sex,
(8) Height,
(9) Weight,
(10) Date and time of violation,
(11) Charge and Iowa Code section,
(12) Officer name/C-number who filed charge,
				and
(13) Date of
				conviction.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 15 - General License Regulations › Rule 571-15.17 - Wildlife Violator Compact

Current through Register Vol. 47, No. 3, July 24, 2024
The department has entered into the wildlife violator compact
				  (the compact) with other states for the uniform enforcement of license
				  suspensions. The compact, a copy of which may be obtained by contacting the
				  department's law enforcement bureau, is adopted herein by reference. The
				  procedures set forth in this rule shall apply to license suspensions pursuant
				  to the wildlife violator compact.
(1)
Definitions.
For purposes of this rule, the following
				definitions shall apply:
"Compliance"
with respect to a citation
				  means the act of answering a citation through an appearance in a court or
				  through the payment of all fines, costs, and surcharges, if any.
"Department"
means the Iowa department of
				  natural resources.
"Issuing state"
means a participating state
				  that issues a fish or wildlife citation to a person.
"Participating state"
means any state which
				  enacts legislation to become a member of the wildlife violator compact. Iowa is
				  a participating state pursuant to Iowa Code section
				  456A.24(14).
(2)
Suspension of licenses
				for noncompliance.
Upon the receipt of a valid notice of failure to
				comply, as defined in the compact, the department shall issue a notice of
				suspension to the Iowa resident. The notice of suspension shall:
a. Indicate that all department-issued
				hunting (including furbearer) or fishing licenses shall be suspended, effective
				30 days from the receipt of the notice, unless the department receives proof of
				compliance.
b. Inform the violator
				of the facts behind the suspension with special emphasis on the procedures to
				be followed in resolving the matter with the court in the issuing state.
				Accurate information in regard to the court (name, address, telephone number)
				must be provided in the notice of suspension.
c. Notify the license holder of the right to
				appeal the notice of suspension within 30 days of receipt. Said appeal shall be
				conducted pursuant to 571-Chapter 7 but shall be limited to the issues of
				whether the person so notified has a pending charge in the issuing state,
				whether the person has previously received notice of the violation from the
				issuing state, and whether the pending charge is subject to a license
				suspension for failure to comply pursuant to the terms of the
				compact.
d. Notify the license
				holder that, prior to the effective date of suspension, a person may avoid
				suspension through an appearance in the court with jurisdiction over the
				underlying violations or through the payment of all fines, costs, and
				surcharges associated with the violations.
e. Indicate that, once a suspension has
				become effective, the suspension may only be lifted upon the final resolution
				of the underlying violations.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 15 - General License Regulations › Rule 571-15.21 - Fishing License Exemption for Patients of Substance Abuse Facilities

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition.
For the purpose of this rule, the definition of
				"substance abuse facility" is identical to the definition of "facility" in Iowa
				Code section 125.2(8).
(2)
Procedure.
Each
				substance abuse facility may apply to the department of natural resources for a
				license exempting patients from the fishing license requirement while fishing
				as a supervised group as follows:
a.
				Application shall be made on a form provided by the department and shall
				include the name, address and telephone number of the substance abuse facility
				including the name of the contact person. A general description of the type of
				services or care offered by the facility must be included as well as the
				expected number of participants in the fishing program and the water bodies to
				be fished.
b. A license will be
				issued to qualifying substance abuse facilities and will be valid for all
				patients under the care of that facility.
c. Patients of the substance abuse facility
				must be supervised by an employee of the facility while fishing without a
				license pursuant to this rule. An employee of the substance abuse facility must
				have the license in possession while supervising the fishing activity of
				patients.
d. Notwithstanding the
				provisions of this rule, each employee of the substance abuse facility must
				possess a valid fishing license while participating in fishing.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 15 - General License Regulations › Rule 571-15.22 - Authorization to Use a Crossbow for Deer and Turkey Hunting During the Bow Season by Handicapped Individuals

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
For the
				purpose of this rule:
"Bow and arrow"
means a compound, recurve,
				  or longbow.
"Crossbow"
means a weapon consisting of a
				  bow mounted transversely on a stock or frame and designed to fire a bolt,
				  arrow, or quarrel by the release of the bow string, which is controlled by a
				  mechanical or electric trigger and a working safety.
"Handicapped"
means a person possessing a
				  physical impairment of the upper extremities that makes a person physically
				  incapable of shooting a bow and arrow. This includes difficulty in lifting and
				  reaching with arms as well as difficulty in handling and fingering.
(2)
Application for
				crossbow permit.
An individual requesting use of a crossbow for
				hunting deer or turkey must submit an application for a crossbow permit on
				forms provided by the department. The application must include a statement
				signed by the applicant's physician declaring that the individual is not
				physically capable of shooting a bow and arrow. The physician shall be a
				licensed physician, osteopathic physician, physician assistant, or advanced
				registered nurse practitioner. A first-time applicant must submit the crossbow
				permit application no later than ten days before the last day of the license
				application period for the season the person intends to hunt.
(3)
Crossbow permit-issuance and
				use.
Approved applicants will be issued a permit authorizing the
				individual to hunt deer and turkey with a crossbow. The crossbow permit must be
				carried with the license and on the person while hunting deer and turkey and
				must be exhibited to a conservation officer upon request.
(4)
Validity and forfeiture of
				permit.
A permit authorizing the use of a crossbow for hunting deer
				and turkey will be valid for as long as the person is incapable of shooting a
				bow and arrow. If a conservation officer has probable cause to believe the
				person's handicapped status has improved, making it possible for the person to
				shoot a bow and arrow, the department may, upon the officer's request, require
				the person to obtain in writing a current physician's statement. The physician
				shall be a licensed physician, osteopathic physician, physician assistant, or
				advanced registered nurse practitioner.
If the person is unable to obtain a current physician's
				  statement confirming that the person is incapable of shooting a bow and arrow,
				  the department may initiate action to revoke the permit pursuant to 571-Chapter
				  7.
(5)
Restrictions.
Crossbows equipped with pistol grips and
				designed to be fired with one hand are illegal for taking or attempting to take
				deer or turkey. All projectiles used in conjunction with a crossbow for deer
				hunting must be equipped with a broadhead.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 15 - General License Regulations › Rule 571-15.24 - Free Annual Fishing License for Persons Who Have Severe Physical or Mental Disabilities

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Purpose.
Pursuant to Iowa Code section
				483A.24(9), the
				department of natural resources will issue a free annual fishing license to
				Iowa residents 16 or more years of age who have severe mental or physical
				disabilities who meet the definition of "severe mental disability" or "severe
				physical disability" in subrule 15.24(2).
(2)
Definitions.
For the
				purposes of this rule, the following definitions apply:
"Severe mental disability"
means a person
				  who has severe, chronic conditions in all of the following areas which:
1. Are attributable to a mental impairment or
				combination of mental and physical impairments;
2. Result in substantial functional
				limitations in three or more of the following areas of major life activities:
				self-care, receptive and expressive language, learning, mobility,
				self-direction, capacity for independent living, or economic
				self-sufficiency;
3. Reflect the
				person's need for a combination and sequence of services that are individually
				planned and coordinated; and
4.
				Requires the full-time assistance of another person to maintain a safe presence
				in the outdoors.
"Severe physical disability"
means a
				  disability that limits or impairs the person's mobility or use of a hand or arm
				  and that requires the full-time assistance of another person or that makes the
				  person dependent on a wheelchair for the person's normal life routine.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 15 - General License Regulations › Rule 571-15.25 - Transportation Tags for Military Personnel on Leave From Active Duty

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Military transportation tags for deer and turkey.
The military
				transportation tag shall include the following information: name, birth date,
				current address of military personnel; species and sex of animal taken; date of
				kill; and weapon used. Only conservation officers of the department shall be
				authorized to issue military transportation tags.
(2)
Annual limit for military
				transportation tags.
A person receiving a military transportation tag
				shall be limited to one military deer tag and one military turkey tag
				annually.
(3)
Regulations
				apply to military personnel.
With the exception of the license
				requirement exemption set forth in Iowa Code section
				483A.24(7), all
				hunting and fishing regulations shall apply to active duty military
				personnel.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 15 - General License Regulations › Rule 571-15.26 - Special Nonresident Deer and Turkey Licenses

Current through Register Vol. 47, No. 3, July 24, 2024
The commission hereby authorizes the director to issue
				  special nonresident deer and turkey licenses pursuant to the provisions of
				  561-Chapter 12.