ARC 0786C

AGRICULTURE AND LAND STEWARDSHIP DEPARTMENT[21]

Notice of Intended Action

Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)"b."

Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.

Pursuant to the authority of Iowa Code section 717F.2(1)"a," the Department of Agriculture and Land Stewardship hereby gives Notice of Intended Action to amend Chapter 77, "Wild Animals," Iowa Administrative Code.

The proposed amendments provide an exemption for certain cats from the definition of "dangerous wild animal." Crosses between a domestic cat and a bengal or savannah would be exempted if a separation of at least four filial generations exists. The proposed amendments also update citations and implementation sentences for the provisions.

Any interested person may make written suggestions or comments on the proposed amendments on or before July 2, 2013. Written comments should be addressed to Margaret Thomson, Iowa Department of Agriculture and Land Stewardship, Wallace State Office Building, 502 E. 9th Street, Des Moines, Iowa 50319. Comments may be submitted by fax to (515)281-6236 or by e-mail to Margaret.Thomson@IowaAgriculture.gov.

The proposed amendments are subject to the Department's general waiver provision.

After analysis and review of this rule making, no impact on jobs has been found.

These amendments are intended to implement Iowa Code section 717F.1(5)"b" as amended by 2013 Iowa Acts, Senate File 247.

The following amendments are proposed.

ITEM 1. Amend rules 21-77.1(82GA,SF564,SF601) to 21-77.14(82GA,SF564,SF601), parenthetical implementation statute, as follows:

(82GA,SF564,SF601 717F)

ITEM 2. Amend rule 21-77.1(717F), definition of "Dangerous wild animal," as follows:

"Dangerous wild animal" means any of the following:

1. to 11. No change.

"Dangerous wild animal" includes an animal which is the offspring of an animal listed in paragraphs "1" to "11" and another animal listed in those paragraphs or any other animal. It also includes animals which are the offspring of each subsequent generation. However, a dangerous wild animal does not include the offspring of a domestic dog and a wolf, or the offspring from each subsequent generation in which at least one parent is a domestic dog. A dangerous wild animal does not include the offspring of a domestic cat and another member of the family felidae classified as a bengal or savannah as long as the bengal or savannah is the fourth or later filial generation of offspring.

ITEM 3. Amend subparagraph 77.6(2)"c"(7) as follows:

(7) A copy of a current liability insurance policy as required in rule 77.4(82GA,SF564,SF601) 21-77.4(717F). The person shall submit a copy of the current liability policy to the department each year.

ITEM 4. Amend 21-Chapter 77, implementation sentence, as follows:

These rules are intended to implement Iowa Code chapter 717F as amended by 2007 2013 Iowa Acts, Senate Files 564 and 601 File 247.