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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