Senate File 2020 - Introduced SENATE FILE 2020 BY McCOY A BILL FOR An Act relating to the harvesting of turtles and including 1 penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5297XS (3) 86 av/nh
S.F. 2020 Section 1. Section 482.1, subsection 2, paragraphs d, f, g, 1 h, and i, Code 2016, are amended to read as follows: 2 d. Prohibit, restrict, or regulate commercial fishing and 3 commercial turtle harvesting in any waters of the state. 4 f. Regulate the numbers of commercial fishers and commercial 5 turtle harvesters and the amount, type, seasonal use, mesh 6 size, construction and design, manner of use, and other 7 criteria relating to the use of commercial gear for any body of 8 water or part thereof. 9 g. Establish catch quotas, seasons, size limits, and other 10 regulations for any species of commercial fish or turtles for 11 any body of water or part thereof. 12 h. Designate by listing species as commercial fish or 13 turtles . 14 i. Designate any body of water or its part as protected 15 habitat and restrict, prohibit, or otherwise regulate the 16 taking of commercial fish and turtles in protected habitat 17 areas. 18 Sec. 2. Section 482.1, Code 2016, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 2A. The natural resource commission shall 21 adopt rules pursuant to chapter 17A that prohibit commercial 22 turtle harvesting in any waters of the state. 23 Sec. 3. Section 482.1, subsection 3, Code 2016, is amended 24 to read as follows: 25 3. Employees of the department may lift and inspect any 26 commercial gear at any time and may inspect commercial catches, 27 commercial markets, and landings, and examine sale and purchase 28 records of commercial fishers, commercial turtle harvesters, 29 commercial roe harvesters, commercial turtle buyers, and 30 commercial roe buyers upon demand. 31 Sec. 4. Section 482.2, subsections 2, 3, 4, 5, and 8, Code 32 2016, are amended to read as follows: 33 2. “Commercial fish helper” means a person who is licensed 34 by the state to assist a commercial fisher or a commercial roe 35 -1- LSB 5297XS (3) 86 av/nh 1/ 7
S.F. 2020 harvester in operating commercial gear or in taking, attempting 1 to take, possessing, or transporting commercial fish, roe 2 species, or roe , or turtles . 3 3. “Commercial fisher” means a person who is licensed by 4 the state to take, attempt to take, possess, transport, sell, 5 barter, or trade turtles or turtle eggs, commercial fish except 6 roe species, or fish parts except roe. 7 4. “Commercial fishing” means taking, attempting to take, 8 possessing, or transporting of commercial fish or turtles 9 for the purpose of selling, bartering, trading, offering, or 10 exposing for sale. 11 5. “Commercial gear” means the capturing equipment used 12 by commercial fishers , and commercial roe harvesters , and 13 commercial turtle harvesters . 14 8. “Commercial species” means species of fish and turtles 15 which may be lawfully taken and sold by commercial fishers , and 16 commercial roe harvesters, and commercial turtle harvesters, as 17 established by rule by the commission. 18 Sec. 5. Section 482.2, subsections 9, 10, and 12, Code 2016, 19 are amended by striking the subsections. 20 Sec. 6. Section 482.4, subsection 3, Code 2016, is amended 21 to read as follows: 22 3. Commercial fishers and commercial turtle harvesters 23 shall provide and affix weather-resistant gear tags to each 24 piece of gear in use. Each weather-resistant gear tag shall 25 plainly show the name, address, and commercial license number 26 of the licensee and whether the gear is fish or turtle gear . 27 Sec. 7. Section 482.4, subsection 4, paragraphs i, j, k, l, 28 m, and n, Code 2016, are amended by striking the paragraphs. 29 Sec. 8. Section 482.4, subsection 5, unnumbered paragraph 30 1, Code 2016, is amended to read as follows: 31 Commercial fish and turtle gear tags are required on the 32 following units of commercial gear: 33 Sec. 9. Section 482.4, subsection 5, paragraph f, Code 2016, 34 is amended by striking the paragraph. 35 -2- LSB 5297XS (3) 86 av/nh 2/ 7
S.F. 2020 Sec. 10. Section 482.5, Code 2016, is amended to read as 1 follows: 2 482.5 Commercial gear. 3 It is lawful for a person who is legally licensed to harvest 4 commercial fish or commercial turtles to use commercial gear of 5 a design, construction, size, season, and all other criteria 6 established by the commission for taking those species of fish 7 and turtles designated by the commission by rule. 8 Sec. 11. Section 482.6, Code 2016, is amended to read as 9 follows: 10 482.6 Tagging of commercial gear. 11 Each trotline shall have the tags affixed to one end. Each 12 hoop net, slat net, and trap net , and turtle trap shall have 13 the appropriate tag affixed to the end nearest the pot. Each 14 gill net and each trammel net shall have the tags affixed to 15 the float line nearest the shore stake, but when fished under 16 ice, the tags shall be affixed to the float line nearest the 17 take-out hole. Each seine shall have the tags affixed to one 18 end. 19 Sec. 12. Section 482.7, Code 2016, is amended to read as 20 follows: 21 482.7 Gear attendance. 22 1. A commercial fisher , commercial turtle harvester, 23 or commercial roe harvester licensee must be present when 24 commercial gear is operated. A commercial fish helper or 25 commercial turtle helper shall not operate commercial gear 26 except under the direct supervision of a commercial fisher , 27 commercial turtle harvester, or commercial roe harvester. A 28 nonresident commercial turtle helper is licensed only to assist 29 a licensed nonresident commercial turtle harvester. Commercial 30 gear shall be lifted and emptied of catch as provided by the 31 rules of the commission. Constant attendance by the commercial 32 fisher of seines, trammel nets, and gill nets is required 33 when the gear is fished by driving, drive-seining, seining, 34 floating, or drifting methods. Officers of the commission may 35 -3- LSB 5297XS (3) 86 av/nh 3/ 7
S.F. 2020 grant a reasonable extension of gear attendance intervals only 1 upon the request of a commercial fisher , commercial turtle 2 harvester, or commercial roe harvester specifying why such an 3 extension is necessary. 4 2. For the purposes of this section , “direct supervision” 5 means that a commercial fisher , commercial turtle harvester, 6 or commercial roe harvester must be in the same boat, within 7 hand-signal distance, or within vocal communication distance, 8 without the help of any electronic or amplifying device, of 9 the commercial fish helper or commercial turtle helper being 10 supervised. 11 Sec. 13. Section 482.8, subsection 1, Code 2016, is amended 12 to read as follows: 13 1. It is lawful for licensed commercial fishers , commercial 14 turtle harvesters, and commercial roe harvesters to pursue, 15 take, possess, and transport any commercial fish or their 16 parts, bait fish, turtles, frogs, salamanders, leeches, 17 crayfish, or any other aquatic invertebrates for bait unless 18 otherwise prohibited by law. 19 Sec. 14. Section 482.10, subsection 1, paragraphs a and b, 20 Code 2016, are amended to read as follows: 21 a. A commercial fisher license is required to operate 22 commercial gear and to take, attempt to take, possess, process, 23 transport, or sell any commercial fish , commercial turtles, or 24 turtle eggs . 25 b. A commercial fish helper license is required to assist 26 a commercial fisher or commercial roe harvester in operating 27 commercial gear and in taking, attempting to take, possessing, 28 or transporting commercial fish, roe species, or roe , 29 commercial turtles, or turtle eggs . A commercial fish helper 30 is not permitted to buy, sell, barter, or trade commercial 31 fish, roe species, or roe , commercial turtles, or turtle eggs . 32 A commercial fish helper license is not required for a person 33 under sixteen years of age to assist a commercial fisher as 34 provided in this paragraph “b” . 35 -4- LSB 5297XS (3) 86 av/nh 4/ 7
S.F. 2020 Sec. 15. Section 482.10, subsection 2, Code 2016, is amended 1 to read as follows: 2 2. All intrastate and interstate shipments of commercial 3 fish, turtles, turtle eggs, or roe or roe species, must be 4 accompanied by a receipt which shows the name and address of 5 the seller, date of sale, and the species, numbers, and pounds 6 of the fish, roe species, or roe , turtles, or turtle eggs being 7 sold. 8 Sec. 16. Section 482.13, Code 2016, is amended to read as 9 follows: 10 482.13 Reciprocity for commercial fishing and commercial 11 turtle fishing . 12 1. Reciprocal commercial fishing and commercial turtle 13 fishing privileges are contingent upon a grant of similar 14 privileges by the appropriate state to residents of this state. 15 2. The commission may negotiate commercial reciprocity 16 agreements with other states. 17 Sec. 17. Section 482.14, subsections 1 and 2, Code 2016, are 18 amended to read as follows: 19 1. All commercial fishers, commercial turtle harvesters, 20 commercial turtle buyers, commercial roe harvesters, and 21 commercial roe buyers shall submit a monthly report supplying 22 all information requested on forms furnished by the department. 23 Reports must be received by the department no later than the 24 fifteenth day of the following month. 25 2. Commercial fishers shall utilize a dated receipt with 26 at least two parts, with one original and one copy of each 27 receipt, that contains the species, number, and pounds of fish 28 or turtles sold, bartered, or traded. Commercial fishers shall 29 retain a copy of each receipt for five years following the 30 transaction. A purchaser of commercial fish or turtles shall 31 retain a copy of the receipt for as long as the purchaser is in 32 possession of the fish or turtles . 33 Sec. 18. Section 482.14, subsections 3 and 4, Code 2016, are 34 amended by striking the subsections. 35 -5- LSB 5297XS (3) 86 av/nh 5/ 7
S.F. 2020 Sec. 19. Section 482.14, subsection 6, Code 2016, is amended 1 to read as follows: 2 6. Facilities and records of commercial fish buyers, 3 commercial turtle buyers, commercial roe harvesters, and 4 commercial roe buyers shall be open at all reasonable times for 5 inspection by any conservation officer. 6 Sec. 20. Section 483A.28, subsection 2, Code 2016, is 7 amended to read as follows: 8 2. A valid fishing license issued pursuant to this chapter 9 entitles the licensee to take and possess a maximum of one 10 hundred pounds of live turtles or fifty pounds of dressed 11 turtles. Any unattended fishing gear used to take turtles 12 pursuant to a fishing license shall be tagged with the name and 13 address of the licensee on a weather-resistant tag provided 14 by the licensee and affixed above the waterline. A fishing 15 licensee is not permitted to sell, barter, or trade live or 16 dressed turtles taken pursuant to the license. The commission 17 shall provide, by rules adopted pursuant to chapter 17A, that 18 turtles shall not be taken or possessed pursuant to a fishing 19 license issued under this chapter during the period beginning 20 January 1 and ending July 15, inclusive. 21 Sec. 21. REPEAL. Section 482.11, Code 2016, is repealed. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to the harvesting of turtles and includes 26 penalties. 27 The bill requires the natural resource commission to adopt 28 rules that prohibit commercial turtle harvesting in any waters 29 of the state. “Commercial turtle harvesting” means taking, 30 attempting to take, possessing, or transporting of commercial 31 turtles or turtle eggs for the purpose of selling, bartering, 32 trading, offering, or exposing for sale. Code chapter 482 is 33 amended to strike numerous provisions related to commercial 34 harvesting of turtles. Code section 482.11, allowing a person 35 -6- LSB 5297XS (3) 86 av/nh 6/ 7
S.F. 2020 to commercially take, attempt to take, possess, transport, or 1 sell turtles or turtle eggs pursuant to a commercial fishing 2 license, is repealed. A person who unlawfully uses commercial 3 gear to harvest turtles is subject to a scheduled fine of $100. 4 The bill also requires the commission to provide, by rules, 5 that turtles shall not be taken or possessed pursuant to a 6 noncommercial fishing license during the period beginning 7 January 1 and ending July 15, inclusive. A violation of this 8 provision is punishable with a scheduled fine of $25. 9 -7- LSB 5297XS (3) 86 av/nh 7/ 7