481A.38  Prohibited acts--restrictions on the taking of wildlife--special licenses.

It is unlawful for a person to take, pursue, kill, trap or ensnare, buy, sell, possess, transport, or attempt to so take, pursue, kill, trap or ensnare, buy, sell, possess, or transport any game, protected nongame animals, fur-bearing animals or fur or skin of such animals, mussels, frogs, spawn or fish or any part thereof, except upon the terms, conditions, limitations, and restrictions set forth herein, and administrative rules necessary to carry out the purposes set out in section 481A.39, or as provided by the Code.

1.  The commission may upon its own motion and after an investigation, alter, limit, or restrict the methods or means employed and the instruments or equipment used in taking wild mammals, birds subject to section 481A.48, fish, reptiles, and amphibians, if the investigation reveals that the action would be desirable or beneficial in promoting the interests of conservation, or the commission may, after an investigation when it is found there is imminent danger of loss of fish through natural causes, authorize the taking of fish by means found advisable to salvage imperiled fish populations.

The commission shall adopt a rule permitting a crossbow to be used only by individuals with disabilities who are physically incapable of using a bow and arrow under the conditions in which a bow and arrow is permitted. The commission shall prepare an application to be used by an individual requesting the status. The application shall require the individual's physician to sign a statement declaring that the individual is not physically able to use a bow and arrow.

2.  If the commission finds that the number of hunters licensed or the type of license issued to take deer or wild turkey should be limited or further regulated the commission shall conduct a drawing to determine which applicants shall receive a license and the type of license. Applications for licenses shall be received during a period established by the commission. At the end of the period a drawing shall be conducted. The commission may establish rules to issue licenses after the established application period. If an applicant receives a deer license which is more restrictive than licenses issued to others for the same period and place, the applicant shall receive a certificate with the license entitling the applicant to priority in the drawing for the less restrictive deer licenses the following year. The certificate must accompany that person's application the following year, or the applicant will not receive this priority. Persons purchasing a deer license for the gun season under this section and under section 483A.1 are not eligible for a gun deer-hunting license under section 483A.24, except as authorized by rules of the department. This subsection does not apply to the hunting of wild turkey on a hunting preserve licensed under chapter 484B.

3.  The commission shall issue a special turkey hunting license to either the owner or the tenant of a farm unit or a member of the owner's or tenant's immediate family if the person makes a written application to the commission and pays the fee provided for the regular turkey hunting license. The special license is valid only for hunting on the farm unit of the owner or tenant. Only one special license may be issued for a farm unit. The application must contain the consent of the owner if the tenant or tenant's family member applies for the license. A person purchasing a regular turkey hunting license is not eligible to purchase a special license under this subsection. Applications for the special turkey licenses must be received by the commission at least thirty days prior to the opening of the turkey hunting season. The special turkey hunting licensees are subject to all other laws regarding the hunting of turkeys.

Section History: Early form

  [R60, § 4381; C73, § 4048; C97, § 2551, 2555; S13, § 2562-c, 2563-j, -k, -m, -n; SS15, § 2540, 2551, 2555, 2562-b, -c, 2563-a1, -a2, -u; C24, 27, 31, § 1718, 1719, 1755, 1767, 1774; C35, § 1718-c1; C39, § 1794.001; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 109.38; 82 Acts, ch 1037, § 1]

Section History: Recent form

  84 Acts, ch 1213, § 1; 84 Acts, ch 1260, § 1; 88 Acts, ch 1216, § 12; 89 Acts, ch 87, §1; 90 Acts, ch 1109, § 1; 92 Acts, ch 1160, § 18

  C93, § 481A.38

  96 Acts, ch 1129, § 97

Internal References

  Referred to in § 456A.24, 481A.24, 481A.48, 481A.67, 483A.7, 483A.8, 483A.24, 805.8(5f, g)


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