reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 78 - Ginseng Harvesting and Sale › Rule 571-78.2 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
These rules shall apply to all persons harvesting,
				  cultivating and dealing in American Ginseng (Panax quinquefolius) in Iowa.
				  However, these rules are not intended to apply to the trade or trafficking of
				  lawfully obtained American Ginseng that has been processed, prepared, packaged
				  and labeled in a manner intended for its final consumptive
				  use.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 78 - Ginseng Harvesting and Sale › Rule 571-78.5 - General Prohibitions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Harvest.
From November 1 through the following August 31, no
				person shall harvest, dig, cut, uproot, gather, intentionally disturb, or
				destroy ginseng, whether the ginseng is wild or cultivated ginseng. This
				prohibition shall not apply to the transplantation or intentional disturbance
				of cultivated ginseng when such activities are incidental to the cultivation
				and growing of cultivated ginseng in a nursery business.
(2)
Sale.
A person, other
				than a dealer licensed pursuant to these rules, shall not sell ginseng from
				March 16 through August 31.
(3)
Sale and possession of green ginseng.
A person shall not
				possess or transact business in green ginseng from November 21 through August
				31, unless otherwise provided for by these rules.
(4)
State-owned and state-managed
				lands.
In an effort to conserve and protect native stands of wild
				ginseng, the introduction of nonnative ginseng stock on state-owned or
				state-managed lands under the jurisdiction of the commission is prohibited,
				except in narrow circumstances as described in these rules. As such, a person
				shall not, at any time, possess, harvest, dig, cut, uproot, gather, plant,
				propagate, intentionally disturb or destroy ginseng or ginseng seed on
				state-owned or state-managed lands under the jurisdiction of the commission.
				Nothing in this chapter shall prohibit the department from taking measures on
				state-owned or state-managed lands under the jurisdiction of the commission to
				conserve and protect native wild ginseng, which may include without limitation
				planting and possessing seeds.
(5)
Out-of-state ginseng.
No ginseng dug, harvested or purchased
				outside the borders of Iowa which is not accompanied by a valid certificate of
				origin pursuant to rule
				571-78.9
				(456A) shall be transported into or be in the state of Iowa lawfully.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 78 - Ginseng Harvesting and Sale › Rule 571-78.6 - Ginseng Permits

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall issue a grower's permit or dealer's
				  permit upon receipt of a signed and complete application. An application shall
				  be submitted on the form provided by the department, and payment of the
				  appropriate fee, if applicable, shall be included with the application.
				  Harvester's permits are available for sale through the department's electronic
				  licensing system for Iowa (ELSI), which may be accessed through license agents
				  throughout the state or on the department's Web site. The department shall not
				  issue a permit if the department determines that the permit will be detrimental
				  to the survival of ginseng or will otherwise be in contravention of the laws of
				  this state or applicable federal laws. A person shall not carry, possess or use
				  any other person's permit issued pursuant to these rules, except as
				  specifically provided by these rules.
(1)
Grower's permits.
a. A person must obtain a permit from the
				department to legally grow cultivated ginseng. There is no fee for the permit,
				except for the charge associated with ELSI.
b. In order to be considered, an application
				for a grower's permit shall be made on the form provided by the department,
				shall be complete, and shall be executed by the person seeking the grower's
				permit.
c. A grower's permit shall
				be valid for five years from the date of issuance.
d. An application for permit renewal must be
				filed with the department within 60 days of expiration of the existing
				permit.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 78 - Ginseng Harvesting and Sale › Rule 571-78.7 - Dealers-record Keeping

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents of records.
Each permitted ginseng dealer shall keep
				individual, accurate, legible and complete records of each ginseng transaction.
				The records shall be on forms prescribed by the department, which shall provide
				a reasonable number of these forms at no cost to the dealer. The dealer's
				record of each ginseng transaction shall include:
a. The date of transaction; and
b. The name and address of the buyer or
				seller, whichever is applicable for the transaction; and
c. The harvester's permit number or dealer's
				permit number, if a dealer is buying ginseng in the transaction; and
d. A description of the ginseng transacted,
				including the actual weight of the ginseng transacted and whether the ginseng
				is dried or green. If the ginseng is green ginseng, the weight shall also be
				converted to the dried weight of ginseng according to the ratio in rule
				571-78.3 (456A);
				and
e. The name of the county or
				counties where the ginseng was harvested if the ginseng is purchased from a
				harvester; and
f. A copy of the
				ginseng's certificate of origin, signed by the seller, if applicable;
				and
g. The year of harvest for the
				ginseng bought or sold; and
h. Any
				additional information as requested by the department and included on the
				department's form.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 78 - Ginseng Harvesting and Sale › Rule 571-78.8 - Dealer Locations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Generally.
Ginseng dealers shall transact business only at the
				location specified on the dealer's permit or at the place of business specified
				on the permit of any other dealer who holds a dealer's permit in Iowa and is
				involved in the transaction.
(2)
Location permits.
A dealer who wishes to transact business at
				a location other than the locations provided for in subrule 78.8(1) may obtain
				a location permit from the department. Each location permit shall be valid only
				for the location specified on the location permit and shall entitle the dealer
				to operate at that location in addition to the location specified on the
				corresponding dealer's permit.
The department shall, upon application and payment of the
				  applicable location permit fee, furnish a location permit to the dealer. The
				  location permit fee shall be $5 for residents and $50 for nonresidents, plus
				  any charge assessed for use of ELSI to issue the permit.
(3)
Duplicate location permits.
A duplicate location permit may be issued upon application to the
				department and the payment of a $5 fee, plus any charge assessed for use of
				ELSI to issue the duplicate permit.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 78 - Ginseng Harvesting and Sale › Rule 571-78.9 - Certificates of Origin

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Shipments.
Every shipment of ginseng to a location outside the
				state of Iowa by a grower, harvester or dealer shall be accompanied by a
				certificate of origin, or shipping certificate, which certifies that the
				ginseng was lawfully harvested.
a. The
				department will issue a certificate of origin for cultivated ginseng to a
				grower or dealer upon application by the permit holder and based upon the
				completeness of the permit holder's application, which shall be on a form
				provided by the department, and the permit holder's compliance with the
				requirements of this chapter.
b.
				The department will issue a certificate of origin for wild ginseng to a
				harvester upon application by the permit holder and based upon the completeness
				of the permit holder's application, which shall be on a form provided by the
				department, and the permit holder's compliance with the requirements of this
				chapter.
c. The certificate of
				origin for wild ginseng will be issued by the department and its agents after
				the roots have been weighed and certified by the department or its agents at
				one of the locations designated by the department, upon appointment.
d. A grower, harvester, or dealer seeking a
				certificate of origin must have a valid grower's permit, harvester's permit, or
				dealer's permit, respectively, and must present the permit to receive a
				certificate of origin.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 78 - Ginseng Harvesting and Sale › Rule 571-78.10 - Inspection

Current through Register Vol. 47, No. 3, July 24, 2024
(1) At any time
				upon request, any permit issued under this chapter shall be made available to
				the department, director, officer appointed by the department, peace officer,
				or, in the case of a harvesting permit, the owner or person in lawful control
				of the land upon which the permittee may be harvesting wild ginseng. Failure of
				a person to carry or refusal to show or exhibit a valid permit while engaged in
				or presumed to be engaged in the harvesting, growing or dealing of ginseng in
				Iowa shall be a violation of this chapter. However, a person charged with
				violating these rules shall not be convicted if the person produces to the
				department or to a court officer, within a reasonable time, a permit issued to
				that person and valid when the person was charged with a violation of these
				rules. Failure to make such permit available is a violation of these
				rules.
(2) Any records required by
				this chapter to be maintained or submitted shall be produced for inspection
				upon request of the department, director, officer appointed by the department,
				or peace officer. Failure to maintain records or to submit reports as required
				by these rules is a violation of these rules.
(3) Any person or dealer who has in
				possession any ginseng or part thereof shall upon request of the department,
				director, any officer appointed by the department, or peace officer show the
				ginseng to the department, director or officer; a refusal to do so is a
				violation of this chapter.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 78 - Ginseng Harvesting and Sale › Rule 571-78.11 - Restrictions and Prohibitions for Harvesting Wild Ginseng

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Every person shall have in possession a
				valid, department-issued permit to harvest wild ginseng for the current harvest
				season when harvesting, cutting, uprooting, gathering, destroying, possessing
				or transporting wild ginseng.
(2)
				No person shall harvest a plant unless the plant possesses three or more true
				leaves or prongs and a flowering or fruiting stalk with red berries. If, after
				a person removes a plant from the soil with the requisite leaves or prongs, it
				is determined the root has less than five stem scars, the person shall return
				the plant to the soil at the same location and make best efforts to return the
				plant and the surrounding area to their condition prior to harvest of the
				plant. In no event shall a person harvest or possess a wild ginseng root unless
				the root has at least five stem scars.
(3) When a person harvests wild ginseng, the
				entire plant, except the fruit and seeds, shall be retained with the plant
				until the plant is taken to the harvester's residence or place of business, as
				identified in the harvester's permit.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 78 - Ginseng Harvesting and Sale › Rule 571-78.12 - Additional Restrictions and Prohibitions for Wild Ginseng

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Seeds.
a. All persons
				harvesting wild ginseng shall plant all seeds collected from such plants within
				100 feet of the parent plant. Seeds collected for planting pursuant to this
				subrule should be collected from the fruit by gently pressing the fruit of the
				ginseng.
b. A person shall use no
				tool other than the person's finger to plant seeds from wild ginseng and shall
				push each seed to a depth of no more than one inch into the soil.
c. A person shall not possess or transport
				seeds of wild ginseng more than 100 feet from the site of the parent
				plant.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 78 - Ginseng Harvesting and Sale › Rule 571-78.13 - Compliance With Laws

Current through Register Vol. 47, No. 3, July 24, 2024
A person shall not violate any state, federal or local laws
				  in harvesting, dealing or shipping ginseng.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 78 - Ginseng Harvesting and Sale › Rule 571-78.14 - Violations of This Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
				person violating this chapter shall be subject to a schedule fine pursuant to
				Iowa Code section
				805.8B,
				subsection 4, and permit suspension, modification and revocation pursuant to
				571-78.17
				(456A).
(2) Separate offense. Each
				ginseng plant or part thereof, including wild ginseng, unlawfully harvested,
				dealt, or shipped shall be a separate offense. More than one person per plant
				may be guilty of violating this chapter.
(3) Materials determined by the department's
				law enforcement personnel to be contraband or to have been taken in violation
				of this chapter may be seized and disposed of in conformance with Iowa Code
				chapter 809.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 78 - Ginseng Harvesting and Sale › Rule 571-78.15 - Possession

Current through Register Vol. 47, No. 3, July 24, 2024
When a person is in possession of wild ginseng, including the
				  shipping or transporting of wild ginseng, and a container includes one or more
				  parts of wild ginseng that are unlawful, the entire contents of the container
				  shall be deemed unlawful.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 78 - Ginseng Harvesting and Sale › Rule 571-78.16 - Valuation

Current through Register Vol. 47, No. 3, July 24, 2024
The value of seized ginseng that was harvested in violation
				  of these rules shall be based on the current market value, as determined by the
				  department.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 78 - Ginseng Harvesting and Sale › Rule 571-78.17 - Revocation of Permits

Current through Register Vol. 47, No. 3, July 24, 2024
Any permit issued pursuant to this chapter may be revoked, in
				  whole or in part, by written notice, if the director determines that the permit
				  holder has violated any provision of this chapter and determines that
				  continuation of the permit is not in the public interest. Such revocation shall
				  become effective upon a date specified in the notice. The notice shall state
				  the extent of the revocation and the reasons for the action. Within 30 days
				  following receipt of the notice of a revocation, the permit holder may file a
				  notice of appeal, requesting a contested case pursuant to 561-Chapter 7. The
				  notice of appeal shall specify the basis for requesting that the permit be
				  reinstated.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 78 - Ginseng Harvesting and Sale › Rule 571-78.18 - Reciprocity

Current through Register Vol. 47, No. 3, July 24, 2024
Nonresident harvesters, growers and dealers from states that
				  regulate American Ginseng by allowing the harvesting, cultivating and dealing
				  in American Ginseng but that prohibit Iowa harvesters, growers and dealers to
				  lawfully operate in those states are not eligible for permits issued by the
				  department.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 79 - Fish Stocking Procedures and Fees for Private Waters › Rule 571-79.2 - Application Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Eligibility. Upon approval of application and payment of fees, any owner of a
				pond may receive fish stocks for private waters, provided all of the following
				conditions are met:
a. The pond is newly
				impounded, has been drained and refilled, or is free of fish.
b. Livestock are, and will continue to be,
				excluded from the impoundment area with a minimum of a 60-foot buffer between
				pond edge and fence.
c. The pond is
				at least one-half acre and no more than ten acres in size.
d. The pond has a depth of at least eight
				feet at its deepest point.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 79 - Fish Stocking Procedures and Fees for Private Waters › Rule 571-79.3 - Fish Stocks

Current through Register Vol. 47, No. 3, July 24, 2024
Fish species provided and maximum stocking rates by the
				  department are as follows: largemouth bass - 70/acre, bluegill - 1000/acre and
				  channel catfish - 100/acre. The stocking cycle begins in October with the
				  delivery of bluegill and channel catfish. The cycle is then completed during
				  June of the following year with the delivery of largemouth
				  bass.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 79 - Fish Stocking Procedures and Fees for Private Waters › Rule 571-79.4 - Fees

Current through Register Vol. 47, No. 3, July 24, 2024
The stocking fee will be $25 per acre or fraction of an acre
				  as follows:
0.5-1.0 acre =
$25
1.1-2.0 acres =
$50
2.1-3.0 acres =
$75
3.1-4.0 acres =
$100
4.1-5.0 acres =
$125
5.1-6.0 acres =
$150
6.1-7.0 acres =
$175
7.1-8.0 acres =
$200
8.1-9.0 acres =
$225
9.1-10.0 acres =
$250
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 80 - Salvage of Fish and Game › Rule 571-80.1 - Salvage

Current through Register Vol. 47, No. 3, July 24, 2024
Salvage is authorizing the possession of accidentally killed
				  game for the purpose of human consumption or the feeding of domestic animals.
				  Any benefits derived from the possession of legally salvaged game (such as sale
				  of hides, plumage, or antlers) is a secondary benefit only.
(1) Peace officers are not to salvage game
				solely for the purpose of financial gain or commercial taxidermy.
(2) The following game when accidentally
				killed by a motor vehicle shall not be considered salvageable: spotted fawn
				deer and hen pheasants.
(3) All
				salvage tags referred to in this chapter are not transferable.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 80 - Salvage of Fish and Game › Rule 571-80.2 - Game Killed by Motor Vehicle

Current through Register Vol. 47, No. 3, July 24, 2024
The following conditions shall apply to a person being
				  allowed to take possession of a game animal that has been accidentally killed
				  by a motor vehicle.
(1) Any person
				wanting to possess game accidentally killed by a motor vehicle shall
				immediately notify the nearest conservation officer, Iowa state trooper, or
				sheriff's department and request a salvage tag prior to taking possession of
				said game.
(2) When a request is
				made for game accidentally killed by a motor vehicle, the game shall, when
				salvageable, be disposed of in accordance with the following priorities:
a. Individuals involved in the
				accident;
b. Public
				institutions;
c. Nonprofit
				organizations;
d. Others.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 80 - Salvage of Fish and Game › Rule 571-80.3 - Confiscated Fish or Game

Current through Register Vol. 47, No. 3, July 24, 2024
The following conditions shall apply to a person being
				  allowed to take possession offish or game confiscated by the department of
				  natural resources or a court.
(1)
				Confiscated fish or game, when salvageable, shall be disposed of in accordance
				with the following priorities:
a. Public
				institutions;
b. Nonprofit
				organizations;
c. Others.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 81 - Fishing Regulations › Rule 571-81.1 - Seasons, Territories, Daily Bag Limits, Possession Limits, and Length Limits

Current through Register Vol. 47, No. 3, July 24, 2024
INLAND WATERS OF THE STATE
BOUNDARY RIVERS
KIND OF FISH
OPEN SEASON
DAILY BAG LIMIT
POSSESSION LIMIT
MINIMUM LENGTH LIMITS
MISSISSIPPI RIVER MISSOURI RIVER BIG SIOUX RIVER
Rock Sturgeon
Closed
0
0
0
Same as inland waters
Shovelnose Sturgeon
Continuous
None
None
None
Same as inland waters except no harvest allowed in the
						  Big Sioux River and aggregate daily bag limit 10, aggregate possession limit
						  20, in the Missouri River
Paddlefish*
Continuous
2
4
None
Mississippi River- Same as inland waters except for an
						  open season and length limit; see below* Missouri and Big Sioux Rivers-Special
						  regulations; see below*
Yellow Perch
Continuous
25
50
None
Same as inland waters except no bag or possession limit
						  in the Missouri River
Trout
Continuous
5
10
None*
Same as inland waters
Catfish*
Continuous
8 Lakes 15 Streams
30
None
Same as inland waters except no bag or possession limit
						  in the Mississippi River
Black Bass (Largemouth Bass) (Smallmouth Bass) (Spotted
						  Bass)
Continuous
3 In Aggi
6 'egate
See below*
Continuous open season; aggregate daily bag limit 5,
						  aggregate possession limit 10 See below*
Combined Walleye, Sauger and Saugeye
Continuous*
5*
10*
None*
Continuous open season; aggregate daily bag limit 6,
						  aggregate possession limit 12; except aggregate daily bag limit 4, aggregate
						  possession limit 8, in the Big Sioux and Missouri Rivers See below*
Northern Pike
Continuous*
3
6
None
Continuous open season; daily bag limit 5,possession
						  limit 10; except daily bag limit 6,possession limit 12, in the Big Sioux River
INLAND WATERS OF THE STATE
BOUNDARY RIVERS
KIND OF FISH
OPEN SEASON
DAILY BAG LIMIT
POSSESSION LIMIT
MINIMUM LENGTH LIMITS
MISSISSIPPI RIVER MISSOURI RIVER BIG SIOUX RIVER
Muskellunge or Hybrid Muskellunge
Continuous*
1
1
40*
Same as inland waters
Crappie
Continuous
25*
None
None
Same as inland waters except 50 in possession
Bluegill
Continuous
25*
None
None
Same as inland waters except in aggregate with
						  pumpkinseed on the Mississippi River
All other fish species*
Continuous
None
None
None
See below*
Frogs (except Bullfrogs)
Continuous
18
96
None
Same as inland waters
Bullfrogs (Rana Catesbeiana)
Continuous
12
12
None
Same as inland waters
*Also see
				  571-81.2
				  (481A), Exceptions
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 81 - Fishing Regulations › Rule 571-81.2 - Exceptions to Seasons and Limits, Set in 81.1 (481A)

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Exception closed season. In Lakes West
				Okoboji and East Okoboji and Spirit Lake, there shall be a closed season on
				walleye beginning February 15 each year. The annual opening for walleye in
				these three lakes shall be the first Saturday in May. In these three lakes
				there shall be an open season on muskellunge and tiger muskie from May 21
				through November 30.
(2) Black
				bass. The department may post season, bag or possession limits, length limits,
				and catch and release regulations specific to a body of water at that body of
				water. For bodies of water without posted regulations, the following
				regulations apply to black bass:
a. A 15-inch
				minimum length limit shall apply on black bass in all public lakes.
b. A 12-inch minimum length limit shall apply
				on black bass in all interior streams, river impoundments, and the Missouri
				River including chutes and backwaters of the Missouri River where intermittent
				or constant flow from the river occurs.
c. A 14-inch minimum length limit shall apply
				to the Mississippi River including chutes and backwaters where intermittent or
				constant flow from the river occurs.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 81 - Fishing Regulations › Rule 571-81.3 - Trotlines and Throw Lines

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Where
				permitted. It shall be lawful to use trotlines or throw lines in all rivers and
				streams of the state, except in Mitchell, Howard, Winneshiek, Allamakee,
				Fayette, Clayton, Delaware, Dubuque, and Jackson Counties. Trotlines or throw
				lines may be used in the above nine counties in the following stream segments:
				Mississippi River; Maquoketa River, mouth to Backbone State Park Dam; North
				Fork Maquoketa River, mouth to Jones-Dubuque County line; Turkey River, mouth
				to the Elkader Dam; and Upper Iowa River, mouth to the first dam upstream in
				Winneshiek County.
(2) Removal of
				lines. All trotlines and parts thereof shall be removed from the shore when
				they are not being actively fished. A trotline shall be considered actively
				fished if at least once daily the trotline is left with at least one baited
				hook in the water.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 82 - Commercial Fishing › Rule 571-82.1 - Contract Policy

Current through Register Vol. 47, No. 3, July 24, 2024
All contracts for removal offish from inland waters shall be
				  awarded on a competitive basis to the maximum practical extent subject to the
				  following provisions. Commercial fishers licensed with the state may enter into
				  contract with owners of private water bodies for the removal of injurious fish
				  provided approval is received from the director or staff of the department
				  prior to any sampling or removal operations. Owners of private water bodies
				  need not comply with subrules 82.1(1) to 82.1(6).
(1)
Invitation for bids.
Sealed bids to be opened at a specified time, place, and date must be solicited
				for all fish removal operations under contract. Prospective bidders shall be
				informed by an advertisement in at least one newspaper of statewide
				circulation; one newspaper published in the county seat of the county in which
				the work is to be done, and such other means as may be appropriate in
				sufficient time to enable prospective bidders to prepare and submit bids.
				Specifications of the contract shall be provided to all prospective bidders as
				provided in the invitation for bids.
(2)
Public bid letting.
All
				sealed bids shall be publicly opened as specified in the invitation for bids.
				The bids shall be tabulated and made available in a written form to any
				interested party.
(3)
Contract award.
The contract shall be awarded to the firm or
				individual whose bid is believed to be the most advantageous to the state. Bids
				may be rejected if they do not appear to be reasonable or if there is reason to
				believe that the firm or individual is not sufficiently qualified to accomplish
				the desired work.
(4)
Contract approval.
All contracts for fish removal operations
				in excess of $25,000 shall be approved by the commission. Contracts less than
				$25,000 shall be approved by the director.
(5)
Failure to receive a
				bid.
In the event that no sealed bids are received, the fisheries
				bureau chief, or staff at the direction of the fisheries bureau chief, may
				negotiate a contract with a qualified contractor.
(6)
Contract period.
Contracts shall have a maximum duration of 12 months. A contract may be
				extended, with the mutual consent of both parties, on an annual basis, for a
				period up to and including three years from the time of the original contract.
				All terms and conditions existing in the original contract will apply during
				the extended contract period.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 82 - Commercial Fishing › Rule 571-82.2 - Commercial Taking

Current through Register Vol. 47, No. 3, July 24, 2024
Fish may be taken for commercial purposes, from the
				  Mississippi and Missouri Rivers subject to the following regulations.
(1)
Permissive catch.
Except
				for channel catfish, flathead catfish and shovelnose sturgeon which may not be
				taken from the Missouri River, it shall be lawful to take with licensed
				commercial fishing gear the following species: carp, smallmouth buffalo,
				largemouth buffalo, black buffalo, channel catfish, flathead catfish, black
				bullhead, yellow bullhead, brown bullhead, freshwater drum, northern redhorse,
				silver redhorse, spotted sucker, white sucker, river carpsucker, quillback,
				highfin carpsucker, white amur, bighead carp, silver carp, shovelnose sturgeon,
				longnose gar, shortnose gar, bowfin, gizzard shad, goldeye, and
				mooneye.
(2)
Size
				limits.
Fish less than a minimum length or longer than the maximum
				length shall be returned to the water unharmed. The minimum total length for
				all catfish is 15 inches. The minimum fork length for shovelnose sturgeon,
				measured from the tip of the snout to the fork of the tail, is 27 inches. No
				shovelnose sturgeon longer than 34 inches fork length may be harvested from
				waters of the Mississippi River bordering Wisconsin. No shovelnose sturgeon
				less than 27 inches fork length may be possessed in Iowa waters.
(3)
Permitted gear.
Hoop
				nets, trap nets (fyke nets), gill nets, trammel nets, slat nets (basket traps),
				seines, and trotlines (setlines) may be used by licensed commercial
				fishers.
(4)
Mesh size
				restrictions.
a.
Hoop
				nets.
An escape hole with a minimum diameter of 1½ inches all
				directions shall be provided within 12 inches beyond the last hoop to the
				tail-line.
b.
Trap
				nets.
An escape hole with a minimum diameter of 1½ inches all
				directions shall be provided within 12 inches beyond the last hoop to the
				tail-line.
c.
Gill
				nets.
The webbing shall have a mesh size not less than 3½
				inches square measure.
d.
Trammel nets.
The webbing shall have a mesh size not less than 2
				inches square measure.
e.
Seines.
There are no mesh size restrictions.
f.
Slat nets.
An escape
				hole with a minimum diameter of 1½ inches all directions shall be
				provided in the end opposite the throat.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 83 - Scuba and Skin Spearing of Rough Fish › Rule 571-83.1 - When Permitted

Current through Register Vol. 47, No. 3, July 24, 2024
The spearing of rough fish by scuba and skin divers will be
				  permitted in accordance with the following seasons and rules.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 83 - Scuba and Skin Spearing of Rough Fish › Rule 571-83.2 - Prohibited Areas

Current through Register Vol. 47, No. 3, July 24, 2024
Scuba and skin spearing for rough fish shall be lawful in all
				  natural lakes in Iowa year-round.
(1)
				Scuba and skin spearing shall be permitted in all state-owned meandered
				streams.
a. Des Moines River-From Mississippi
				River to west line of T-95N, R-32W, Palo Alto County, west branch, and north
				line of T-95N, R-29W, Kossuth County, east branch a point near
				Algona.
b. Iowa River-From
				Mississippi River to west line T-81N, R-11W, Iowa County near Koszta.
c. Cedar River-From Iowa River to west line
				T-89N, R-13W, Black Hawk County, at Cedar Falls.
d. Raccoon River-From Des Moines River to
				west line Polk County.
A meandered lake or stream is one which at the time of the
				  original government survey was so surveyed as to mark, plat and compute acreage
				  of adjacent fractional section.
e. Wapsipinicon River-From Mississippi River
				to west line T-86N, R-6W, above Central City in Linn County.
f. Maquoketa River-From Mississippi River to
				west line T-84N, R-3E, near Maquoketa in Jackson County.
g. Skunk River-From Mississippi River to
				north line T-73N, R-8W, northeast corner of Jefferson County.
h. Turkey River-From Mississippi River to
				west line T-95N, R-7W, Fayette County near Clermont.
i. Nishnabotna River-To north line T-67N,
				R-42W, Fremont County, northeast of Hamburg.
j. Upper Iowa River-From its mouth to west
				line Section 28-100-4 west, Allamakee County.
k. Little Maquoketa River-From Mississippi
				River to west line Section 35-90N-2 east, Dubuque County.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 83 - Scuba and Skin Spearing of Rough Fish › Rule 571-83.3 - Permitted Equipment

Current through Register Vol. 47, No. 3, July 24, 2024
Permitted equipment to be used in scuba and skin spearing
				  shall be:
1.Hand and pole spears.
2.Rubber band powered spear guns.
3.Spring powered spear guns.
4.Pneumatic spring powered spear
				guns.
5.All spears used on powered
				spear guns shall be attached to the gun by a cord lanyard or other device, the
				overall length of spear gun and cord shall not exceed 20
				feet.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 83 - Scuba and Skin Spearing of Rough Fish › Rule 571-83.4 - Prohibited Equipment

Current through Register Vol. 47, No. 3, July 24, 2024
Prohibited equipment and methods shall be:
1.No power or exploding spear heads will be
				permitted.
2.No guns powered by
				gunpowder explosive or explosives or compressed gas will be permitted.
3.A spear gun may not be cocked or
				fired within 100 feet of any swimming beach area.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 83 - Scuba and Skin Spearing of Rough Fish › Rule 571-83.5 - Diver's Flag

Current through Register Vol. 47, No. 3, July 24, 2024
The "International Diver's Flag" (a red flag with a white
				  diagonal stripe running from the upper left-hand corner to the lower right-hand
				  corner, minimum size, 12" x 15", with a 3 " stripe), shall be displayed by each
				  diver or group of divers on a buoy, float or boat during any diving or
				  underwater spear fishing activity. This diving flag shall be displayed on the
				  water only when underwater diving activity is in progress, the diver or group
				  of divers must stay within a 100-foot circle of the flag. Recognition of this
				  flag by law will not be construed as conferring any rights or privileges on its
				  users nor be construed as restricting the use of the water so marked. Operators
				  of boats shall exercise precaution commensurate with conditions
				  indicated.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 83 - Scuba and Skin Spearing of Rough Fish › Rule 571-83.6 - Employees Exempt

Current through Register Vol. 47, No. 3, July 24, 2024
Underwater scuba and skin spearing regulations shall not
				  apply to authorized agents of the department of natural resources when engaged
				  in research or management studies or enforcement.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 84 - Promiscuous Fishing › Rule 571-84.1 - General

Current through Register Vol. 47, No. 3, July 24, 2024
The natural resource commission may, after an investigation,
				  when it is found there is imminent danger of loss of fish through natural
				  causes, authorize by public order the taking of fish from any area and by such
				  means as they may deem advisable to salvage such imperiled fish
				  populations.
(1)
Method of
				take.
Fish may be taken by any means except by use of dynamite,
				poison, electric shocking devices or any stupefying substances.
(2)
Commercial purposes.
This rule shall not authorize the taking of fish for commercial purposes.
This rule is intended to implement Iowa Code chapter 481
				  A.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 86 - Turtles › Rule 571-86.1 - Taking

Current through Register Vol. 47, No. 3, July 24, 2024
Turtles may be taken from the waters of the state subject to
				  the following regulations.
(1)
Species and season.
It shall be lawful to commercially and
				noncommercially (recreationally) take spiny softshell (Apalone spinifera),
				smooth softshell (Apalone mutica), and painted (Chrysemys picta) turtles from
				July 16 to May 14. Common snapping turtles (Chelydra serpentina) may be taken
				commercially from July 16 to May 14, but may be taken recreationally
				year-round. The taking of turtle eggs from wild nests is prohibited. Turtles
				shall not be harvested from gear set prior to midnight on July 15.
(2)
Methods.
The method of
				taking 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
				a functional escape hole provided with a minimum diameter in all directions
				of
7½
inches to allow passage offish and small turtles.
				Barrel- and floating-type turtle traps must have a functional escape hole below
				the water surface with a minimum diameter in all directions of
7½
inches.
(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:
Turtle Species
Daily Catch Limit (commercial and
							 recreational)
Possession Limit (commercial only)
Common snapping turtle
4
20
Spiny softshell and smooth softshell turtle, in
							 aggregate
1
5
Painted turtle
1
5
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.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 87 - Mussel Regulations › Rule 571-87.1 - Seasons, Areas, Methods, Species, Limits

Current through Register Vol. 47, No. 3, July 24, 2024
The taking and possession of mussels from the public waters
				  of the state shall be limited to the following regulations.
(1)
Seasons.
There shall be
				an open season for taking mussels throughout the year. The taking of mussels is
				restricted to the hours between sunrise and sunset.
(2)
Species.
Species other
				than those listed as threatened or endangered may be lawfully taken and
				possessed. Zebra mussels shall not be taken and possessed.
(3)
Areas.
Live mussels may
				be harvested only from the Mississippi River and connected backwaters. Dead
				mussels may be harvested from all waters of the state.
(4)
Limits.
The possession
				limit is 24 whole mussels or 48 shell halves. The sale of mussels or shells is
				not permitted. Licensed commercial fishers, licensed sport anglers, and
				children younger than 16 years of age may take and possess mussels.
(5)
Methods.
Mussels may be
				taken by hand, pole and line, diving, and crowfoot bar not to exceed 20 feet in
				length.
This rule is intended to implement Iowa Code sections
				  481A.38, 481A.39, 482.1, 482.3 and 482.12.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 89 - Aquaculture › Rule 571-89.2 - Importation Permit

Current through Register Vol. 47, No. 3, July 24, 2024
An importation permit is required to receive, propagate or
				  sell in the state any aquaculture species not listed in subrule 89.1(1). 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.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 89 - Aquaculture › Rule 571-89.3 - Disease-free Certification

Current through Register Vol. 47, No. 3, July 24, 2024
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:
(1)
Diseases detrimental to the
				state's fishery resources.
Viral Hemmorhagic 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.)
(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.
(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.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 90 - Aquatic Invasive Species › Rule 571-90.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Commission"
means the natural resource
				  commission.
"Department"
means the department of natural
				  resources.
"Director"
means the director of the
				  department of natural resources.
"Introduce"
means to release a species into
				  waters of the state. "Introduce" does not include the immediate return of a
				  nonnative species to waters of the state from which it was removed.
"Transport"
means to cause a species to be
				  moved into or within the state, and includes accepting or receiving the species
				  for transportation or shipment. "Transport" does not include the unintentional
				  transport of a species within a water of the state or to a connected water of
				  the state where the species being transported is already present.
"Watercraft"
means a device used or designed
				  for navigation on water.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 90 - Aquatic Invasive Species › Rule 571-90.2 - Aquatic Invasive Species

Current through Register Vol. 47, No. 3, July 24, 2024
For the purposes of this rule, the following species and any
				  hybrids, cultivars, or varieties of the species are designated as aquatic
				  invasive species.
(1)
Aquatic
				invasive plants.
Brittle naiad
Najas minor
Curlyleaf pondweed
Potamogeton crispus
Eurasian watermilfoil
Myriophyllum spicatum
Flowering rush
Butomus umbellatus
Purple loosestrife
Lythrum salicaria, Lythrum virgatum
Salt cedar
Tamarix spp.
(2)
Aquatic invasive
						  fish
Bighead carp
Hypophthalmichthys nobilis
Black carp
Mylopharyngodon piceus
Round goby
Neogobius melanostomus
Rudd
Scardinius erythrophthalmus
Ruffe
Gymnocephalus cernuus
Silver carp
Hypophthalmichthys molitrix
White perch
Morone americana
(3)
Aquatic invasive
						  invertebrates.
Fishhook waterflea
Cercopagis pengoi
New Zealand mudsnail
Potamopyrgus antipodarum
Quagga mussel
Dreissena bugensis
Rusty crayfish
Orconectes rusticus
Spiny waterflea
Bythotrephes cederstroemi
Zebra mussel
Dreissena polymorpha
(4)
Federal noxious weed list.
For purposes of this rule, the
				aquatic plants listed in Code of Federal Regulations, Title 7, Section 360.200,
				are also designated as aquatic invasive species.
(5)
Injurious wildlife
				species.
For purposes of this rule, aquatic species listed in Code of
				Federal Regulations, Title 50, Section
				16.11
				through
				16.15, are also
				designated as aquatic invasive species.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 90 - Aquatic Invasive Species › Rule 571-90.3 - Restrictions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A person shall
				not possess, introduce, import, purchase, sell, barter, propagate, or transport
				aquatic invasive species in any form in this state, except:
a. By written permission of the
				director;
b. For disposal as part
				of a harvest or control activity;
c. When a species is being transported to the
				department, or to another destination as directed by the department, in a
				sealed container for purposes of identifying the species or reporting the
				presence of the species;
d. When
				the specimen has been lawfully acquired dead and, in the case of plant species,
				when all seeds are removed or are otherwise secured in a sealed
				container;
e. In the form of
				herbaria or other preserved specimens;
f. When a species is being removed from
				watercraft and equipment, or when a species is caught by an angler and
				immediately returned to the water from which it came; or
g. When an individual angler possesses a
				species that has been caught and immediately killed.