House Journal: Page 1463: Friday, April 12, 2002
2 Sec. 58. NEW SECTION. 481A.151 RESTITUTION FOR
3 POLLUTION CAUSING INJURY TO WILD ANIMALS.
4 1. A person who is liable for polluting a water of
5 this state in violation of state law, including this
6 chapter, shall also be liable to pay restitution to
7 the department for injury caused to a wild animal by
8 the pollution. The amount of the restitution shall
9 also include the department's administrative costs for
10 investigating the incident. The administration of
11 this section shall not result in a duplication of
12 damages collected by the department under section
13 455B.392, subsection 1, paragraph "c".
14 2. The commission shall adopt rules providing for
15 procedures for investigations and the administrative
16 assessment of restitution amounts. The rules shall
17 establish an opportunity to appeal a departmental
18 action including by a contested case proceeding under
19 chapter 17A. A final administrative decision
20 assessing an amount of restitution may be enforced by
21 the attorney general at the request of the director.
22 3. Rules adopted by the commission shall provide
23 for methods used to determine the extent of an injury
24 and the monetary values for the loss of injured wild
25 animals based on species.
26 a. The rules shall provide for methods used to
27 count dead fish and to calculate restitution values.
28 The rules may incorporate methods and values published
29 by the American fisheries society. To every extent
30 practicable, the values shall be based on the
31 estimates of lost recreational angler opportunities
32 where applicable. As an alternative method of
33 valuation, the rules may provide that for fish species
34 that are protected by catch limits, possession limits,
35 size limits, or closed seasons applicable to anglers,
36 liquidated damages apply. The amount of the
37 liquidated damages shall not exceed fifteen dollars
38 per fish. For fish species that are classified by the
39 commission as endangered or threatened, the rules may
40 establish liquidated damages not to exceed one
41 thousand dollars per fish.
42 b. The rules shall provide guidelines for
43 estimating the extent of loss of a species that is
44 affected by a pollution incident but which would not
45 be practical to count in sample areas. The rules may
46 establish liquidated damage amounts for species whose
47 replacement cost is difficult to determine.
48 4. Moneys collected by the department in
49 restitution shall be deposited into the state fish and
50 game protection fund. The moneys shall be used
© 2002 Cornell College and
League of Women Voters of Iowa
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