Branstad supports legislative delay on lead shot ban for dove hunters

Gov. Terry Branstad on Monday said he supported a legislative panel's decision to overrule his administration's natural resources experts by allowing hunters to use lead shot when the state's first dove-hunting season since 1918 opens next week.

The governor admitted some miscommunication between himself, the state Natural Resources Commission and the state Department of Natural Resources created a situation where rules were proposed to allow only so-called nontoxic shot to be used by hunters – a move he said that would have gone beyond the Legislature's intent, especially after the House had defeated the lead shot ban during the 2011 session. The Legislature's Administrative Rules Review Committee voted 9-1 last week to delay implementing the lead shot ban until lawmakers can consider the issue next year.

During his weekly news conference Monday, Branstad disputed a contention made by the leader of the Natural Resources Commission that they felt they had to governor's blessing to decide as they saw fit in voting unanimously to ban the use of lead shot during the 70-day dove-hunting season slated to begin Sept. 1.

Branstad said he first learned about the lead shot controversy when he was contacted at 6:45 a.m. by an NRC member while he was in Salt Lake City, where he was attending the National Governors Association summer meeting. He said he was surprised the issue was going to be considered since there hadn't been a prior public notification and he was unaware that the House had debated and turned down an amendment addressing the lead shot ban.

“I wasn't given all the facts,” Branstad told reporters Monday. “My feeling is this – we need to respect the intent of the Legislature and an issue of this magnitude of public policy should be decided by the Legislature not by an unelected commission that was appointed.”

Branstad said he has not taken a position on whether lead should be banned in ammunition used by Iowa hunters like it has been in children's toys, paint and gasoline.

“I think there's a good lesson to be learned by everybody in the way that this was handled,” said Branstad, who did not rule out future changes in the makeup of the NRC membership. “It could have been handled better and hopefully in the future it will be.”

On another issue Monday, the governor said he plans to work with the state Department of Corrections and the Legislature to deal with the aftermath of an Iowa Supreme Court decision that could result in the early released of more than 2,100 inmates, including more than 100 violent sex offenders, being held in Iowa prisons.

The justices recently ruled unanimously that state officials must give credit for the home arrest time served by inmates in calculating their prison stays. Corrections officials say the ruling potentially affects 2,152 inmates who are still incarcerated -- including 117 that officials consider potentially violent sexual offenders and they plan to ask the Legislature to change the law to restore the department's previous policy of not giving credit for time served when an inmate violates probation.

“We're presenting reviewing that situation. We need to protect the safety of the citizens of this state,” Branstad told reporters. “The concern would be those people who are sexual predators that have committed dangerous crimes that would be a risk if they were released early. We want to see what can be done about that.”