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