SF 2020 (LSB 5297XS (3) 86)

SENATE FILE 2020

BY  McCOY

A BILL FOR

An Act relating to the harvesting of turtles and including penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 482.1, subsection 2, paragraphs d, f, g, h, and i, Code 2016, are amended to read as follows:
   d.  Prohibit, restrict, or regulate commercial fishing and commercial turtle harvesting in any waters of the state.
   f.  Regulate the numbers of commercial fishers and commercial turtle harvesters and the amount, type, seasonal use, mesh size, construction and design, manner of use, and other criteria relating to the use of commercial gear for any body of water or part thereof.
   g.  Establish catch quotas, seasons, size limits, and other regulations for any species of commercial fish or turtles for any body of water or part thereof.
   h.  Designate by listing species as commercial fish or turtles.
   i.  Designate any body of water or its part as protected habitat and restrict, prohibit, or otherwise regulate the taking of commercial fish and turtles in protected habitat areas.
    Sec. 2.  Section 482.1, Code 2016, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  The natural resource commission shall adopt rules pursuant to chapter 17A that prohibit commercial turtle harvesting in any waters of the state.
    Sec. 3.  Section 482.1, subsection 3, Code 2016, is amended to read as follows:
   3.  Employees of the department may lift and inspect any commercial gear at any time and may inspect commercial catches, commercial markets, and landings, and examine sale and purchase records of commercial fishers, commercial turtle harvesters, commercial roe harvesters, commercial turtle buyers, and commercial roe buyers upon demand.
    Sec. 4.  Section 482.2, subsections 2, 3, 4, 5, and 8, Code 2016, are amended to read as follows:
   2.  “Commercial fish helper” means a person who is licensed by the state to assist a commercial fisher or a commercial roe harvester in operating commercial gear or in taking, attempting to take, possessing, or transporting commercial fish, roe species, or roe, or turtles.
   3.  “Commercial fisher” means a person who is licensed by the state to take, attempt to take, possess, transport, sell, barter, or trade turtles or turtle eggs, commercial fish except roe species, or fish parts except roe.
   4.  “Commercial fishing” means taking, attempting to take, possessing, or transporting of commercial fish or turtles for the purpose of selling, bartering, trading, offering, or exposing for sale.
   5.  “Commercial gear” means the capturing equipment used by commercial fishers, and commercial roe harvesters, and commercial turtle harvesters.
   8.  “Commercial species” means species of fish and turtles which may be lawfully taken and sold by commercial fishers, and commercial roe harvesters, and commercial turtle harvesters, as established by rule by the commission.
    Sec. 5.  Section 482.2, subsections 9, 10, and 12, Code 2016, are amended by striking the subsections.
    Sec. 6.  Section 482.4, subsection 3, Code 2016, is amended to read as follows:
   3.  Commercial fishers and commercial turtle harvesters shall provide and affix weather-resistant gear tags to each piece of gear in use. Each weather-resistant gear tag shall plainly show the name, address, and commercial license number of the licensee and whether the gear is fish or turtle gear.
    Sec. 7.  Section 482.4, subsection 4, paragraphs i, j, k, l, m, and n, Code 2016, are amended by striking the paragraphs.
    Sec. 8.  Section 482.4, subsection 5, unnumbered paragraph 1, Code 2016, is amended to read as follows:

   Commercial fish and turtle gear tags are required on the following units of commercial gear:
    Sec. 9.  Section 482.4, subsection 5, paragraph f, Code 2016, is amended by striking the paragraph.
    Sec. 10.  Section 482.5, Code 2016, is amended to read as follows:
   482.5  Commercial gear.

   It is lawful for a person who is legally licensed to harvest commercial fish or commercial turtles to use commercial gear of a design, construction, size, season, and all other criteria established by the commission for taking those species of fish and turtles designated by the commission by rule.
    Sec. 11.  Section 482.6, Code 2016, is amended to read as follows:
   482.6  Tagging of commercial gear.

   Each trotline shall have the tags affixed to one end. Each hoop net, slat net, and trap net, and turtle trap shall have the appropriate tag affixed to the end nearest the pot. Each gill net and each trammel net shall have the tags affixed to the float line nearest the shore stake, but when fished under ice, the tags shall be affixed to the float line nearest the take-out hole. Each seine shall have the tags affixed to one end.
    Sec. 12.  Section 482.7, Code 2016, is amended to read as follows:
   482.7  Gear attendance.
   1.  A commercial fisher, commercial turtle harvester, or commercial roe harvester licensee must be present when commercial gear is operated. A commercial fish helper or commercial turtle helper shall not operate commercial gear except under the direct supervision of a commercial fisher, commercial turtle harvester, or commercial roe harvester. A nonresident commercial turtle helper is licensed only to assist a licensed nonresident commercial turtle harvester. Commercial gear shall be lifted and emptied of catch as provided by the rules of the commission. Constant attendance by the commercial fisher of seines, trammel nets, and gill nets is required when the gear is fished by driving, drive-seining, seining, floating, or drifting methods. Officers of the commission may grant a reasonable extension of gear attendance intervals only upon the request of a commercial fisher, commercial turtle harvester, or commercial roe harvester specifying why such an extension is necessary.
   2.  For the purposes of this section, “direct supervision” means that a commercial fisher, commercial turtle harvester, or commercial roe harvester must be in the same boat, within hand-signal distance, or within vocal communication distance, without the help of any electronic or amplifying device, of the commercial fish helper or commercial turtle helper being supervised.
    Sec. 13.  Section 482.8, subsection 1, Code 2016, is amended to read as follows:
   1.  It is lawful for licensed commercial fishers, commercial turtle harvesters, and commercial roe harvesters to pursue, take, possess, and transport any commercial fish or their parts, bait fish, turtles, frogs, salamanders, leeches, crayfish, or any other aquatic invertebrates for bait unless otherwise prohibited by law.
    Sec. 14.  Section 482.10, subsection 1, paragraphs a and b, Code 2016, are amended to read as follows:
   a.  A commercial fisher license is required to operate commercial gear and to take, attempt to take, possess, process, transport, or sell any commercial fish, commercial turtles, or turtle eggs.
   b.  A commercial fish helper license is required to assist a commercial fisher or commercial roe harvester in operating commercial gear and in taking, attempting to take, possessing, or transporting commercial fish, roe species, or roe, commercial turtles, or turtle eggs. A commercial fish helper is not permitted to buy, sell, barter, or trade commercial fish, roe species, or roe, commercial turtles, or turtle eggs. A commercial fish helper license is not required for a person under sixteen years of age to assist a commercial fisher as provided in this paragraph “b”.
    Sec. 15.  Section 482.10, subsection 2, Code 2016, is amended to read as follows:
   2.  All intrastate and interstate shipments of commercial fish, turtles, turtle eggs, or roe or roe species, must be accompanied by a receipt which shows the name and address of the seller, date of sale, and the species, numbers, and pounds of the fish, roe species, or roe, turtles, or turtle eggs being sold.
    Sec. 16.  Section 482.13, Code 2016, is amended to read as follows:
   482.13  Reciprocity for commercial fishing and commercial turtle fishing.
   1.  Reciprocal commercial fishing and commercial turtle fishing privileges are contingent upon a grant of similar privileges by the appropriate state to residents of this state.
   2.  The commission may negotiate commercial reciprocity agreements with other states.
    Sec. 17.  Section 482.14, subsections 1 and 2, Code 2016, are amended to read as follows:
   1.  All commercial fishers, commercial turtle harvesters, commercial turtle buyers, commercial roe harvesters, and commercial roe buyers shall submit a monthly report supplying all information requested on forms furnished by the department. Reports must be received by the department no later than the fifteenth day of the following month.
   2.  Commercial fishers shall utilize a dated receipt with at least two parts, with one original and one copy of each receipt, that contains the species, number, and pounds of fish or turtles sold, bartered, or traded. Commercial fishers shall retain a copy of each receipt for five years following the transaction. A purchaser of commercial fish or turtles shall retain a copy of the receipt for as long as the purchaser is in possession of the fish or turtles.
    Sec. 18.  Section 482.14, subsections 3 and 4, Code 2016, are amended by striking the subsections.
    Sec. 19.  Section 482.14, subsection 6, Code 2016, is amended to read as follows:
   6.  Facilities and records of commercial fish buyers, commercial turtle buyers, commercial roe harvesters, and commercial roe buyers shall be open at all reasonable times for inspection by any conservation officer.
    Sec. 20.  Section 483A.28, subsection 2, Code 2016, is amended to read as follows:
   2.  A valid fishing license issued pursuant to this chapter entitles the licensee to take and possess a maximum of one hundred pounds of live turtles or fifty pounds of dressed turtles. Any unattended fishing gear used to take turtles pursuant to a fishing license shall be tagged with the name and address of the licensee on a weather-resistant tag provided by the licensee and affixed above the waterline. A fishing licensee is not permitted to sell, barter, or trade live or dressed turtles taken pursuant to the license.  The commission shall provide, by rules adopted pursuant to chapter 17A, that turtles shall not be taken or possessed pursuant to a fishing license issued under this chapter during the period beginning January 1 and ending July 15, inclusive.
    Sec. 21.  REPEAL.  Section 482.11, Code 2016, is repealed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the harvesting of turtles and includes penalties.
   The bill requires the natural resource commission to adopt rules that prohibit commercial turtle harvesting in any waters of the state. “Commercial turtle harvesting” means taking, attempting to take, possessing, or transporting of commercial turtles or turtle eggs for the purpose of selling, bartering, trading, offering, or exposing for sale. Code chapter 482 is amended to strike numerous provisions related to commercial harvesting of turtles. Code section 482.11, allowing a person to commercially take, attempt to take, possess, transport, or sell turtles or turtle eggs pursuant to a commercial fishing license, is repealed. A person who unlawfully uses commercial gear to harvest turtles is subject to a scheduled fine of $100.
   The bill also requires the commission to provide, by rules, that turtles shall not be taken or possessed pursuant to a noncommercial fishing license during the period beginning January 1 and ending July 15, inclusive. A violation of this provision is punishable with a scheduled fine of $25.