Text: HSB00203 Text: HSB00205 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 481A.48, unnumbered paragraph 1, Code
1 2 1997, is amended to read as follows:
1 3 No person, except as otherwise provided by law, shall
1 4 willfully disturb, pursue, shoot, kill, take or attempt to
1 5 take or have in possession any of the following game birds or
1 6 animals except within the open season established by the
1 7 commission: Gray or fox squirrel, bobwhite quail, cottontail
1 8 or jack rabbit, duck, snipe, pheasant, goose, woodcock,
1 9 partridge, coot, rail, ruffed grouse, wild turkey, pigeons, or
1 10 deer. The seasons, bag limits, possession limits and locality
1 11 shall be established by the department or commission under the
1 12 authority of sections 456A.24, 481A.38, and 481A.39. This
1 13 section shall not apply to the control of wildlife damage to
1 14 horticultural crops, agricultural crops, livestock production,
1 15 and property as provided by the wildlife damage management
1 16 program pursuant to chapter 485A.
1 17 Sec. 2. Section 481A.87, Code 1997, is amended to read as
1 18 follows:
1 19 481A.87 OPEN SEASONS.
1 20 Except as otherwise provided, a person shall not take,
1 21 capture, kill, or have in possession a fur-bearing animal or
1 22 any of its parts at any time except during the open season as
1 23 set by the commission except where the killing, trapping, or
1 24 ensnaring is for the protection of a person or public or
1 25 private property with the prior permission of a duly appointed
1 26 representative of the commission. If prior permission is
1 27 impractical or impossible to obtain and the fur-bearing animal
1 28 represents a threat to a person, domestic animal, or private
1 29 property, the fur-bearing animal may be taken without prior
1 30 permission. All fur-bearing animals and all parts thereof
1 31 taken as provided in this section shall be disposed of on the
1 32 site or shall be relinquished to a representative of the
1 33 commission. This section shall not apply to the control of
1 34 wildlife damage to horticultural crops, agricultural crops,
1 35 livestock production, and property as provided by the wildlife
2 1 damage management program pursuant to chapter 485A.
2 2 Sec. 3. NEW SECTION. 485A.1 WILDLIFE DAMAGE MANAGEMENT
2 3 PROGRAM.
2 4 The department of natural resources shall establish a
2 5 wildlife damage management program. The program shall provide
2 6 for the control of damage to agricultural crops, horticultural
2 7 crops, livestock production, and property caused by all
2 8 wildlife in this state. The program shall emphasize the
2 9 prevention of wildlife damage through management techniques
2 10 that preserve the life and habitat of wild animals, but may
2 11 allow for destroying the offending animal if prevention is not
2 12 feasible.
2 13 Sec. 4. NEW SECTION. 485A.2 WILDLIFE ADVISORY COMMITTEE.
2 14 1. A wildlife advisory committee is established to provide
2 15 information and advice to the department of natural resources
2 16 regarding damaged crops, livestock, and property caused by
2 17 deer, wild turkey, and other wildlife. The committee shall
2 18 monitor and review the effectiveness of the wildlife damage
2 19 management program. The advisory committee shall include all
2 20 of the following members:
2 21 a. The voting members of the committee shall include:
2 22 (1) Two representatives appointed by the Iowa sheep
2 23 producers association, the Iowa cattlemen's association, the
2 24 Iowa poultry association, and the Iowa pork producers
2 25 association.
2 26 (2) Two feed grain and forage producer representatives
2 27 appointed by commodity and general farm organizations.
2 28 (3) A representative appointed by the Iowa league of
2 29 cities.
2 30 (4) Two horticultural crop producer representatives
2 31 appointed by commercial horticultural crop producer
2 32 associations.
2 33 (5) A representative appointed by the Iowa association of
2 34 county conservation boards and the Iowa state association of
2 35 counties.
3 1 b. The nonvoting members of the committee shall include:
3 2 (1) Four ex officio members who shall be legislative
3 3 members. The legislative members shall be two state senators
3 4 and two state representatives. One senator shall be appointed
3 5 by the president of the senate, after consultation with the
3 6 majority leader of the senate, and one appointed by the
3 7 minority leader of the senate, after consultation with the
3 8 president of the senate, from their respective parties. One
3 9 representative shall be appointed by the speaker of the house
3 10 of representatives, after consultation with the majority
3 11 leader of the house of representatives, and one appointed by
3 12 the minority leader of the house of representatives, from
3 13 their respective parties.
3 14 (2) The director of the department of natural resources or
3 15 a designated representative.
3 16 (3) The director of the Iowa cooperative extension service
3 17 in agriculture and home economics at Iowa state university of
3 18 science and technology or a designated representative.
3 19 (4) The secretary of agriculture and land stewardship or a
3 20 designated representative.
3 21 2. The advisory committee shall advise, evaluate, and make
3 22 recommendations regarding rules necessary for the
3 23 implementation and operation of the wildlife damage management
3 24 program. The department shall adopt, pursuant to chapter 17A,
3 25 rules necessary to administer this chapter. The committee
3 26 shall serve without compensation or reimbursement for
3 27 expenses.
3 28 Sec. 5. NEW SECTION. 485A.3 OPERATION OF THE PROGRAM.
3 29 1. The wildlife damage management program shall be
3 30 operated in accordance with applicable federal, state, county,
3 31 and city laws and ordinances. However, notwithstanding
3 32 section 481A.87, or any other law relating to open seasons,
3 33 animals may be destroyed pursuant to this program.
3 34 2. The director of the department of natural resources
3 35 shall contract with the United States department of
4 1 agriculture for the operation of animal damage control
4 2 activities by the United States department of agriculture
4 3 pursuant to 7 U.S.C. } 426c. The contract shall include, but
4 4 not be limited to, damage control activities for wild animals.
4 5 Sec. 6. APPROPRIATION. There is appropriated from the
4 6 general fund of the state to the department of natural
4 7 resources for the fiscal year beginning July 1, 1997, and
4 8 ending June 30, 1998, the following amount, or so much thereof
4 9 as is necessary, to be used for the purpose designated:
4 10 For the purpose of contracting with the United States
4 11 department of agriculture to operate animal damage control
4 12 activities for the wildlife damage management program:
4 13 .................................................. $ 250,000
4 14 EXPLANATION
4 15 This bill creates the wildlife damage management program in
4 16 the department of natural resources. The program shall
4 17 provide for the control of damage to agricultural crops,
4 18 horticultural crops, livestock production, and property caused
4 19 by wildlife.
4 20 The bill provides for the establishment of a wildlife
4 21 advisory committee to assist in the implementation of the
4 22 program and the monitoring and review of the program. The
4 23 advisory committee shall make recommendations for rules
4 24 necessary for the implementation of the program and upon
4 25 recommendation by the committee the department shall adopt
4 26 rules necessary for the implementation of the program.
4 27 The bill provides that the program shall be operated in
4 28 accordance with applicable federal, state, and local laws and
4 29 ordinances, notwithstanding laws and ordinances relating to
4 30 open seasons. The director of the department of natural
4 31 resources shall contract with the United States department of
4 32 agriculture to operate animal damage control activities
4 33 pursuant to 7 U.S.C. } 426c. The contract shall include, but
4 34 not be limited to, damage control activities for wildlife.
4 35 The bill provides that Code sections 481A.48 and 481A.87,
5 1 relating to open seasons, shall not apply to the control of
5 2 wildlife damage to horticultural crops, agricultural crops,
5 3 livestock production, and property as provided for in the
5 4 program.
5 5 The bill appropriates $250,000 to the department of natural
5 6 resources for the purposes of the program for the fiscal year
5 7 beginning July 1, 1997, and ending June 30, 1998.
5 8 LSB 2360YC 77
5 9 tm/cf/24
Text: HSB00203 Text: HSB00205 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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