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Senate Study Bill 123

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  177B.1  WILDLIFE DAMAGE
  1  2 MANAGEMENT PROGRAM.
  1  3    The department of agriculture and land stewardship shall
  1  4 establish a wildlife damage management program.  The program
  1  5 shall provide for the control of damage to agricultural crop,
  1  6 horticultural crop, or livestock production caused by all
  1  7 wildlife in the state of Iowa.  The program shall emphasize
  1  8 the prevention of wildlife damage through management
  1  9 techniques that preserve the life and habitat of wildlife, but
  1 10 may allow for destroying the offending animal or their habitat
  1 11 if prevention is not feasible.
  1 12    Sec. 2.  NEW SECTION.  177B.2  ADVISORY COUNCIL.
  1 13    1.  An advisory council shall be established to assist in
  1 14 setting up the wildlife damage management program and to
  1 15 monitor and review the effectiveness of the program.  The
  1 16 advisory council shall include, but not be limited to, all of
  1 17 the following:
  1 18    a.  As selected by the legislative council, two members of
  1 19 the general assembly from opposing parties.
  1 20    b.  The director of the department of natural resources or
  1 21 a designated representative.
  1 22    c.  The director of the Iowa cooperative extension service
  1 23 in agriculture and home economics at Iowa state university of
  1 24 science and technology or a designated representative.
  1 25    d.  As selected by the secretary of agriculture,
  1 26 representatives from two general farm organizations and three
  1 27 commodity organizations.
  1 28    e.  The president of the state horticultural society or a
  1 29 designated representative.
  1 30    f.  As selected by the secretary of agriculture, a person
  1 31 from the general public who has experience or a background in
  1 32 wildlife biology.
  1 33    2.  The advisory council shall make recommendations to the
  1 34 secretary regarding rules necessary for implementation and
  1 35 operation of the program.  The department shall adopt,
  2  1 pursuant to chapter 17A, rules necessary to administer this
  2  2 chapter.
  2  3    Sec. 3.  NEW SECTION.  177B.3  OPERATION OF THE PROGRAM.
  2  4    1.  The wildlife damage management program shall be
  2  5 operated in accordance with applicable federal, state, county,
  2  6 and city laws and ordinances.  However, notwithstanding
  2  7 section 481A.87, or any other law relating to open seasons,
  2  8 animals may be destroyed pursuant to this program.
  2  9    2.  The secretary of agriculture shall contract with the
  2 10 United States department of agriculture for the United States
  2 11 department of agriculture to operate animal damage control
  2 12 activities pursuant to 7 U.S.C. } 426c.
  2 13    Sec. 4.  Section 481A.87, Code 1997, is amended to read as
  2 14 follows:
  2 15    481A.87  OPEN SEASONS.
  2 16    Except as otherwise provided, a person shall not take,
  2 17 capture, kill, or have in possession a fur-bearing animal or
  2 18 any of its parts at any time except during the open season as
  2 19 set by the commission except where the killing, trapping, or
  2 20 ensnaring is for the protection of a person or public or
  2 21 private property with the prior permission of a duly appointed
  2 22 representative of the commission.  If prior permission is
  2 23 impractical or impossible to obtain and the fur-bearing animal
  2 24 represents a threat to a person, domestic animal, or private
  2 25 property, the fur-bearing animal may be taken without prior
  2 26 permission.  All fur-bearing animals and all parts thereof
  2 27 taken as provided in this section shall be disposed of on the
  2 28 site or shall be relinquished to a representative of the
  2 29 commission.  This section shall not apply to the control of
  2 30 wildlife damage to horticultural crop, agricultural crop, and
  2 31 livestock production as provided by the wildlife damage
  2 32 management program pursuant to chapter 177B.
  2 33    Sec. 5.  APPROPRIATION.  There is appropriated from the
  2 34 general fund of the state to the department of agriculture and
  2 35 land stewardship for the fiscal year beginning July 1, 1997,
  3  1 and ending June 30, 1998, the following amount, or so much
  3  2 thereof as is necessary, to be used for the purpose
  3  3 designated:
  3  4    For the purpose of the wildlife damage management program,
  3  5 including salaries, support, maintenance, and miscellaneous
  3  6 purposes:  
  3  7 .................................................. $    250,000
  3  8                           EXPLANATION
  3  9    This bill creates the wildlife damage management program in
  3 10 the department of agriculture and land stewardship.  The
  3 11 program shall provide for the control of damage to
  3 12 agricultural crop, horticultural crop, and livestock
  3 13 production caused by wildlife.
  3 14    The bill provides for the establishment of an advisory
  3 15 council to assist in the implementation of the program and the
  3 16 monitoring and review of the program.  The advisory council
  3 17 shall make recommendations for rules necessary for the
  3 18 implementation of the program and upon recommendation by the
  3 19 secretary the department shall adopt rules necessary for the
  3 20 implementation of the program.
  3 21    The bill provides that the program shall be operated in
  3 22 accordance with applicable federal, state, and local laws and
  3 23 ordinances, notwithstanding laws and ordinances relating to
  3 24 open seasons.  The secretary of agriculture shall contract
  3 25 with the United States department of agriculture to operate
  3 26 animal damage control activities pursuant to 7 U.S.C. } 426c.
  3 27    The bill provides that Code section 481A.87, relating to
  3 28 open seasons, shall not apply to the control of wildlife
  3 29 damage to horticultural crop, agricultural crop, and livestock
  3 30 production as provided for in the program.
  3 31    The bill appropriates $250,000 to the department of
  3 32 agriculture and land stewardship for the purposes of the
  3 33 program for the fiscal year beginning July 1, 1997, and ending
  3 34 June 30, 1998.  
  3 35 LSB 2042XC 77
  4  1 tm/cf/24
     

Text: SSB00122                          Text: SSB00124
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