Text: HF02075 Text: HF02077 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 481A.43 MIGRATORY OR WILD BIRDS
1 2 – WATER OR ICE REFUGES – DRIVING, CONCENTRATING, RALLYING
1 3 PROHIBITED – EXCEPTIONS – PENALTY.
1 4 1. All waters of the state under the jurisdiction of the
1 5 commission that are two hundred fifty or more yards from shore
1 6 or emergent vegetation shall be an open water or ice refuge
1 7 for migratory or wild birds. All watercraft, snowmobiles, or
1 8 motor vehicles shall enter an open water or ice refuge on a
1 9 course so as not to disturb any resting migratory or wild
1 10 birds and at a speed of not more than five miles per hour.
1 11 2. A person shall not drive, concentrate, or rally
1 12 migratory or wild birds with the use of any watercraft on any
1 13 waters of this state under the jurisdiction of the commission.
1 14 3. This section does not apply to towboats, barges, or
1 15 other large vessels operating on the Mississippi or Missouri
1 16 river within the navigation channel. This section shall also
1 17 not apply to waterfowl hunters who enter an open water or ice
1 18 refuge to retrieve waterfowl legally taken if the waterfowl is
1 19 retrieved in a manner so as not to disturb resting migratory
1 20 or wild birds in the open water or ice refuge.
1 21 4. A person violating this section is guilty of a simple
1 22 misdemeanor punishable by a scheduled fine as provided in
1 23 section 805.8B, subsection 3, paragraph "d".
1 24 Sec. 2. Section 805.8B, subsection 3, paragraph d, Code
1 25 Supplement 2001, is amended to read as follows:
1 26 d. For violations of sections 481A.7, 481A.24, 481A.43,
1 27 481A.47, 481A.52, 481A.53, 481A.55, 481A.58, 481A.76, 481A.90,
1 28 481A.91, 481A.97, 481A.122, 481A.126, 481A.142, 481A.145,
1 29 subsection 2, sections 482.8, and 483A.37, the scheduled fine
1 30 is fifty dollars.
1 31 EXPLANATION
1 32 This bill establishes an open water or ice refuge for
1 33 migratory or other wild birds in all waters of the state under
1 34 the jurisdiction of the natural resource commission that are
1 35 250 or more yards from the shore or emergent vegetation. All
2 1 watercraft, snowmobiles, or motor vehicles approaching resting
2 2 migratory or wild birds in a refuge shall reduce their speed
2 3 to a maximum of five miles per hour and take a course so as
2 4 not to disturb the resting birds. This prohibition does not
2 5 apply to towboats, barges, and other large vessels operating
2 6 on the Mississippi or Missouri river, within the navigation
2 7 channel and to hunters who enter water or ice refuges to
2 8 retrieve legally taken waterfowl and follow a course in a
2 9 manner so as not to disturb resting birds.
2 10 This bill also prohibits the driving, concentrating, or
2 11 rallying of migratory or wild birds with any watercraft.
2 12 A person violating the prohibition against disturbing
2 13 migratory or wild birds in an open water or ice refuge or
2 14 against driving, concentrating, or rallying migratory or wild
2 15 birds with any watercraft is guilty of a simple misdemeanor
2 16 which is punishable by a scheduled fine of $50.
2 17 LSB 5456HH 79
2 18 tj/sh/8
Text: HF02075 Text: HF02077 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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