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The Iowa Department of Natural Resources has announced proposed rules that remove the category of “special concern” species from its rule on threatened and endangered species.
Species on the “special concern”
list
include bald eagles, peregrine falcons, southern flying squirrels, smooth green snakes and a number of butterflies.
The move came as part of DNR’s adherence to the governor’s executive order to simplify administrative rules across agencies.
Tammie Krausman, the department’s public information officer, said the decision to remove the category allows the department’s administrative rules to follow the
relevant chapter
of Iowa statute.
Krausman said in an email this will make the administrative rules “consistent with” the statute that “explicitly addresses that DNR responsibilities are to identify those species that are endangered or threatened in the state.”
“The ‘special concern’ classification is not identified in that law,” Krausman said.
This is not the first notice DNR has put out about its efforts to refine its administrative code. In fact, all state agencies have been completing the same work following an executive order, known as Executive Order 10,
signed
by Gov. Kim Reynolds in 2023.
The executive order created a moratorium on administrative rulemaking and ordered agencies to complete a “comprehensive review” of all existing administrative rules. Reynolds, in the
release
about the order, said it was a “commonsense approach that gets government out of the way and leads to a more robust economy in every community.”
The order also called for an evaluation and “rigorous cost benefit analysis” of existing rules to determine if the public benefits justified the cost.
A news release from DNR about the proposed rule change regarding special concern species said “there is no change in policy or enforcement in the new rule.”
Many of the special concern species have small populations in the state, like peregrine falcons, which were
reintroduced in Iowa and are regularly monitored by DNR staff and Iowa volunteers
.
Some species from the “special concern” category were moved to the threatened or endangered category in the proposed rules. Species moved to the “threatened” list include: black tern, pirate perch, bullsnake, two spotted skipper, and regal fritillary. Species moved to the “endangered” list include: pugnose shiner, dusted skipper and ottoe skipper.
Wally Taylor, legal and conservation chair with the Sierra Club Iowa Chapter, said it was “a problem” to remove the special concern category from the administrative rules.
“Even though those species have no legal protection, at least the public is aware that those species need to be considered and carefully watched, and so does the DNR,” Taylor said. “Without those being on the list, the DNR can conveniently say, ‘Well, they’re not listed, we don’t need to worry about them, and … the public doesn’t know enough to be concerned.”
Taylor has opposed several changes the DNR has made in its efforts to follow Reynolds’ order, and is involved in a
lawsuit against the state
that alleges the governor does not have the authority to make agencies adopt less-restrictive standards.
Krausman said the list of special concern species will continue to be part of the
Iowa Wildlife Action Plan
, and she said the department will “actively monitor the status of these species.”
The DNR is accepting informal comments from the public on the proposed rule changes through July 15. Those interested can submit their written comments via email to John Pearson and Kelly Poole at the department: j
and k
This article first appeared in the
Iowa Capital Dispatch
.
