SUBCHAPTER IGENERAL PROVISIONS
Words and phrases as used in
this chapter and
chapters 350,
456A,
456B,
457A,
461A,
461B,
461C,
462A,
462B,
464A,
465A,
465B,
465C,
481B,
482,
483A,
484A, and
484B and such other chapters as relate to the subject matter of these chapters shall be construed as follows:
1. “Alien” shall not be construed to mean any person who has applied for naturalization papers.
2. “Amphibian” means a member of the class Amphibia.
3. “Aquaculture” means the controlled propagation, growth, and harvest of aquatic organisms, including, but not limited to fish, amphibians,
reptiles, mollusks, crustaceans, gastropods, algae, and other aquatic plants, by an aquaculturist.
4. “Aquaculture unit” means all private waters for aquaculture with or without buildings, used for the purpose of propagating, raising, holding,
or harvesting aquatic organisms for commercial purposes.
5. “Aquaculturist” means an individual involved in producing, transporting, or marketing aquatic products from private waters for commercial
purposes.
6. “Bag limit” or “possession limit” is the number of any kind of game, fish, bird or animal or other wildlife form permitted to be taken or held in a specified
time.
7. “Bait” includes but is not limited to minnows, green sunfish, orange-spotted sunfish, gizzard shad, frogs, crayfish, and salamanders.
8. “Biological balance” means that condition when the number of animals present over the long term is at or near the number of animals of a particular
species that the available habitat is capable of supporting.
9. “Bird” means a member of the class Aves.
10. “Buy” means to purchase, offer to purchase, barter for, trade for, or lease.
11. “Closed season” is that period of time during which hunting, fishing, trapping or taking is prohibited.
12. “Commercial purposes” means selling, giving, or furnishing to others.
13. “Commission” means the natural resource commission.
14. “Contraband” as used in the laws pertaining to the work of the commission shall mean anything, the possession of which was illegally procured,
or the possession of which is unlawful.
15. “Department” means the department of natural resources.
16. “Director” means the director of the department or the director’s designee.
18. “Fish” means a member of the class Pisces.
19. “Frog” means a member of the order Anura.
20. “Fur-bearing animals” means the following which are declared to be fur-bearing animals for the purpose of regulation and protection under the Code: beaver, badger, mink, otter, muskrat, raccoon, skunk, opossum, spotted skunk or civet cat, weasel, coyote, bobcat, wolf, groundhog,
red fox, and gray fox. This chapter does not apply to domesticated fur-bearing animals.
21. “Game” means all of the animals specified in this subsection except those designated as not protected, and includes the heads, skins, and any other parts, and the nests and eggs of birds
and their plumage. a. The Anatidae: such as swans, geese, brant, and ducks.
b. The Rallidae: such as rails, coots, mudhens, and gallinules.
c. The Limicolae: such as shorebirds, plovers, surfbirds, snipe, woodcock, sandpipers, tattlers, godwits, and curlews.
d. The Galliformes: such as wild turkeys, grouse, pheasants, partridges, and quail.
e. The Columbidae: such as mourning doves and wild rock doves only.
f. The Sciuridae: such as gray squirrels and fox squirrels.
g. The Leporidae: cottontail rabbits and jackrabbits only.
h. The Cervidae: such as elk or deer, other than farm deer.
22. “Measurement of fish” is the length from end of nose to longest tip of tail.
23. “Minnows” means chubs, suckers, shiners, dace, stonerollers, mud minnows, redhorse, blunt-nose, and fathead minnows.
24. “Mussels” means the pearly fresh water mussels, clams or naiads, and their shells.
25. “Open season” is that period of time during which hunting, fishing, trapping or taking is permitted.
26. “Person” shall mean any person, firm, partnership, or corporation.
27. “Possession” is both active and constructive possession and any control of things referred to.
28. “Private waters for aquaculture” means waters confined within an artificial containment, such as man-made ponds, vats, tanks, raceways, and other indoor or
outdoor facilities constructed wholly within or on the land of an owner or lessee and used for aquaculture.
29. “Reptile” means a member of the class Reptilia.
30. “Sell” or “sale” is selling, bartering, exchanging, offering or exposing for sale.
31. “Spawn” means any of the eggs of any fish, amphibian, or mussel.
32. “Take” or “taking” or “attempting to take” or “hunt” is any pursuing, or any hunting, fishing, killing, trapping, snaring, netting, searching for or shooting at, or stalking
or lying in wait for any game, animal, bird, or fish protected by the state laws or rules adopted by the commission whether
or not such animal be then subsequently captured, killed, or injured.
33. “Transport” or “transportation” is all carrying or moving or causing to be carried or moved.
34. “Turtle” means any member of the order Testudines.
35. “Whitetail” means an animal belonging to the Cervidae family and classified as part of the Virginianus species of the Odocoileus genus,
commonly referred to as whitetail.
36. “Wild animal” means a wild mammal, bird, fish, amphibian, reptile, or other wildlife found in this state, whether game or nongame, migratory
or nonmigratory, the ownership and title to which is claimed by this state.
37. “Wild mammal” means a member of the class Mammalia.
[C39, §1703.60; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.1]
83 Acts, ch 168, §5; 86 Acts, ch 1245, §1850 – 1852; 88 Acts, ch 1216, §1, 2; 92 Acts, ch 1160, §17; 92 Acts, ch 1186, §1; 92 Acts, ch 1216, §1
C93, §481A.1
93 Acts, ch 99, §1; 95 Acts, ch 134, §5; 2003 Acts, ch 149, §14 – 16, 23; 2012 Acts, ch 1118, §4; 2014 Acts, ch 1026, §110; 2021 Acts, ch 48, §4; 2022 Acts, ch 1021, §135; 2023 Acts, ch 66, §115
481A.2 State ownership and title — exceptions.
The title and ownership of all fish, mussels, clams, and frogs in any of the public waters of the state, and in all ponds,
sloughs, bayous, or other land and waters adjacent to any public waters stocked with fish by overflow of public waters, and
of all wild game, animals, and birds, including their nests and eggs, and all other wildlife, found in the state, whether
game or nongame, native or migratory, except deer in parks and in public and private preserves, the ownership of which was
acquired prior to April 19, 1911, are hereby declared to be in the state, except as otherwise provided in
this chapter. The title and ownership of all aquatic organisms in aquaculture units and private aquacultural waters shall be in private
persons.
[S13, §2562-c, 2563-j; SS15, §2562-b; C24, 27, 31, 35, 39, §1704; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.2]
481A.3 Conclusive presumption.
Any person catching, taking, killing, or having in possession any of such fish, mussels, clams, frogs, game, animals, or birds,
their nests or eggs, or other wildlife in violation of the provisions of
this chapter, shall be held to consent that the title to the same shall be and remain in the state for the purpose of regulating and controlling
the catching, taking, or having in possession the same, and disposing thereof after such catching, taking, or killing.
[S13, §2562-c; SS15, §2562-b; C24, 27, 31, 35, 39, §1705; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.3]
481A.4 Fish hatcheries — game farms.
The commission may establish and control the state hatcheries and game farms, which shall be used for the purpose of stocking
the waters of the state with fish and the natural covers with game birds to the extent of the means provided for that purpose;
and for impartially and equitably distributing all birds, eggs, and fry raised by or furnished to the state, or for the state
through other sources, in the streams, lakes, and natural covers of the state.
[C97, §2539; SS15, §2539; C24, 27, 31, 35, 39, §1709; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.4]
481A.5 State game refuges.
1. The commission may establish state game refuges or sanctuaries on any land owned by the state of Iowa suitable for this purpose
when necessary for the preservation of biological balance pursuant to the provisions of section 481A.39, for the protection of public parks, for the protection of the public health, safety and welfare, or to effect sound wildlife
management.
2. In emergency situations when the maintenance of the biological balance as provided in section 481A.39 is threatened, the director may establish temporary state game refuges in conformity with sound wildlife management. The
establishment of a temporary refuge shall be accomplished by posting notices in conspicuous places around the refuge. The
establishment of a temporary refuge by the director shall be effective until five days after the next meeting of the commission
or for such longer time as the commission may determine is necessary to maintain a biological balance as provided in section 481A.39 and to effect sound wildlife management.
[C27, 31, 35, §1709-a1; C39, §1709.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.5]
481A.6 Game management area.
The commission may establish a game management area upon any public lands or waters, or with the consent of the owner upon
any private lands or waters, when necessary to maintain a biological balance as provided in
section 481A.39 or to provide for public hunting, fishing, or trapping in conformity with sound wildlife management; and when a game management
area is established, the commission shall with the consent of the owner, if any, have the right to post and prohibit, and
to regulate or limit the lands or waters against trespassing, hunting, fishing, or trapping, and any violation of the regulations
is unlawful.
[C35, §1709-e1; C39, §1709.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.6]
481A.6A Pen-reared pheasants — release by landowners and tenants.
1. As used in this section, “pen-reared pheasant” means a Chinese ring-necked pheasant (Phasianus colchicus torquatus) and its subspecies which originates from a captive population
and which has been propagated and held by a hatchery. For the purposes of this section “pen-reared pheasant” does not include a Reeves (Syrmaticus reevesii) or Lady Amherst (Chrysolophus amherstiae) pheasant, a subspecies of the Chinese
ring-necked pheasant classified as a Japanese (Phasianus versicolor) or a Black-necked (P. colchicus colchicus) pheasant,
or a melanistic mutant (black, white, or other color mix) of the Chinese ring-necked pheasant. This subsection is not applicable to game birds released for officially sanctioned field meets or trials and retriever meets or trials on
private land pursuant to section 481A.22, pen-raised game birds used on private land pursuant to section 481A.56, or game birds released on hunting preserves pursuant to chapter 484B.
2. Notwithstanding section 481A.60, an owner or tenant of land may obtain pen-reared pheasants from a hatchery approved by the department, and raise or release
the pen-reared pheasants on the owner’s or tenant’s land. A person shall not relocate a pen-reared pheasant to any other land.
481A.7 Hunting on game refuges.
1. It shall be unlawful to hunt, pursue, kill, trap or take any wild animal, bird, or game on any state game refuge so established
at any time of the year, and no one shall carry firearms thereon, providing, however, that predatory birds and animals may
be killed or trapped under the authority and direction of the director.
2. The commission may specify the distance from a state game refuge where shooting is prohibited, and shall have notice of same
posted at such distance in conspicuous places around the refuge, provided, however, this prohibition shall not apply to owners
or tenants hunting on their own land outside of a state game refuge. The commission may prohibit shooting at any reasonable
distance from a state game refuge deemed necessary to accomplish the purposes for which the refuge is established.
[C27, 31, 35, §1709-a2; C39, §1709.3; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.7]
481A.8 Notice of establishment.
When any such refuge or preserve is established by the commission, it shall post notices of such establishment in conspicuous
places around the refuge.
[C27, 31, 35, §1709-a3; C39, §1709.4; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.8]
To effect sound wildlife management and maintain biological balance as provided in
section 481A.39, the commission may set aside certain portions of any state waters for spawning grounds where the same are suitable for this
purpose for such length of time as it may deem advisable by the posting of notices in conspicuous places around such area,
and it shall be unlawful for any person to fish or to in any manner interfere with the spawning of fish in this area. Any
person violating any of the provisions of
this section shall be guilty of a simple misdemeanor.
[C31, 35, §1709-c1; C39, §1709.5; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.9]
481A.10 Reports and accounting.
At the time provided by law, the director shall make a report to the governor of the director’s doings for the preceding biennial
period, including therein an itemized statement of all receipts and disbursements; also all contracts for the taking of soft
fish from the waters of this state, with the profits accruing from such contracts; also such other information upon the subject
of the culture of fish and the protection of game as may be of value. All funds derived under said contracts shall be paid
into the state fish and game protection fund.
[C97, §2539; SS15, §2539; C24, 27, 31, 35, 39, §1710; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.10]
481A.10A Farmer advisory committee.
Repealed by 2024 Acts, ch 1170, §368.
481A.11 Seized or accidentally killed game — disposition.
Except as provided in
section 481A.13 or
481A.13A, any game or fish seized by the commission under
section 481A.12 or any game accidentally killed by a motor vehicle on a public highway shall, when salvageable, be disposed of as determined
by the commission or its designee.
481A.12 Seizure of wildlife taken or handled illegally.
The director or any peace officer shall seize with or without warrant and take possession of, or direct the disposal of, any
fish, furs, birds, animals, mussels, clams, or frogs, which have been caught, taken, or killed at a time, in a manner, or
for a purpose, or had in possession or under control, or offered for shipment, or illegally transported in the state or to
a point beyond its borders, contrary to the Code. All fish, furs, birds, animals, mussels, clams, or frogs seized under
this section shall be relinquished to a representative of the commission, disposed of, or kept as provided in
section 481A.13.
[SS15, §2539; C24, 27, 31, 35, 39, §1714; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.12]
C93, §481A.12
1. Any court having jurisdiction of the offense, upon receiving proof of probable cause for believing that any fish, mussels,
clams, frogs, birds, furs, or animals caught, taken, killed, had in possession, under control, or shipped, contrary to the
Code, or hidden or concealed in any place, shall issue a search warrant and cause a search to be made in any place therefor.
2. The property so seized under warrant shall be safely kept under the direction of the court so long as necessary for the purpose
of being used as evidence in any trial. If a trial results in a conviction, the property seized shall be confiscated by the
director or the director’s officers. If the trial does not result in a conviction, the property shall be returned to the person
pursuant to section 481A.13A unless the property is fish or wildlife that is illegal to possess, including fish or wildlife that was taken, possessed,
or transported unlawfully.
[SS15, §2539; C24, 27, 31, 35, 39, §1716; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.13]
481A.13A Conviction required for property confiscation — return of property.
1. The state shall not confiscate property seized under section 481A.12 or 481A.13 unless the person from whom the property was seized is convicted of the violation for which the property was seized. However,
the state shall not return any fish or wildlife that is illegal to possess, including fish or wildlife that was taken, possessed,
or transported unlawfully.
2. If the person from whom the property was seized is not convicted of the violation for which the property was seized, the department,
law enforcement agency, or other governmental agency in possession of the seized property shall return the seized property
to the person within thirty days of any of the following: a. The date the person is found not guilty of the violation.
b. The date the action involving the violation is dismissed.
c. The date the statute of limitations expires for the alleged violation for which the property was seized.
3. For purposes of this section, “convicted” includes a finding of guilt, payment of a scheduled fine, a plea of guilty, deferred judgment, deferred or suspended sentence,
adjudication of delinquency, or circumstance where a person is not charged with a criminal offense related to the violation
based in whole or in part on the person’s agreement to provide information regarding the criminal activity of another person.
It shall be unlawful for any person, firm, or corporation to place, erect, or cause to be placed or erected, any dam or other
device or contrivance in such manner as to hinder or obstruct the free passage of fish up, down, or through such waters, except
as otherwise provided in
this chapter. Dams for manufacturing or other lawful purposes may be erected across the waters of the state. No permanent dam or obstruction
across such waters shall be erected or maintained which is not provided with a fishway, except by written approval of the
director, nor shall any pumping station or plant except sand pumping and dredging machines, in or connected with such waters
be constructed or operated except by written approval of the director, which is not provided with screens to prevent fish
from entering the pumping station or plant. Such fishways and screens shall be constructed and used according to the plans
and specifications prepared and furnished by the director. Any dam, obstruction, or pumping plant which is not so constructed
is a public nuisance and may be abated accordingly.
[C97, §2540, 2547, 2548; S13, §2547; SS15, §2540, 2548; C24, 27, 31, 35, 39, §1741; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.14]
481A.15 Destruction or alteration of dam.
It is unlawful for any owner or the owner’s agent to remove or destroy any existing dam, or alter it in a way so as to lower
the water level, without having received written approval from the environmental protection commission of the department.
[C24, 27, 31, 35, 39, §
1742; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, §109.15;
82 Acts, ch 1199, §54, 96]
481A.16 Taking by director for stocking and exchange.
The director may take from the public waters of the state, at any time and in any manner, any fish for the purpose of propagating
or restocking other waters, or exchanging with fish and wildlife agencies of other states, the federal government, or private
fish hatcheries.
[C97, §2546; S13, §2546; C24, 27, 31, 35, 39, §1744; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.16]
481A.17 Target shooting sports program.
The department shall establish a target shooting sports program to promote recreational target shooting sports. The purposes
of the program shall be to introduce more Iowans to target shooting sports, promote existing target shooting programs, provide
more target shooting facilities, and improve existing target shooting facilities. The commission may adopt rules to achieve
these purposes.
481A.18 Hunting incidents — mandatory reporting.
This section applies to a person who is involved in a hunting incident with a firearm or a fall from a device that allows or assists a
person to hunt from an elevated location, if the hunting incident results in an injury to a person, or property damage exceeding
one hundred dollars. The person shall report the hunting incident to the sheriff’s office in the county where the hunting
incident occurred or to the department within twelve hours after the hunting incident occurred. However, if an injury caused
by the hunting incident prevents timely reporting, the person shall make the report as soon as practicable. A person who fails
to report the hunting incident as required in
this section is guilty of a simple misdemeanor.
C91, §109.18
C93, §481A.18
481A.19 Reciprocity of states.
1. a. Any person licensed by the authority of Illinois, Minnesota, Missouri, Wisconsin, Nebraska, or South Dakota to take fish,
game, mussels, or fur-bearing animals from or in the waters forming the boundary between such state and Iowa, may take such
fish, game, mussels, or fur-bearing animals from that portion of said waters lying within the territorial jurisdiction of
this state, without having procured a license from the director of this state, in the same manner that persons holding Iowa
licenses may do, if the laws of Illinois, Minnesota, Missouri, Wisconsin, Nebraska, or South Dakota, respectively, extend
a similar privilege to persons so licensed under the laws of Iowa. b. Any person licensed by the authority of Illinois, Minnesota, Missouri, Wisconsin, Nebraska, or South Dakota to take fish,
game, mussels, or fur-bearing animals from or in lands under the jurisdiction of any of those states may take such fish, game,
mussels, or fur-bearing animals from or in lands under the jurisdiction of the commission when such land is adjacent to that
respective state but is separated from other land in Iowa by a body of water, without having procured a license from the director
of this state, in the same manner that persons holding Iowa licenses may do, if the laws of Illinois, Minnesota, Missouri,
Wisconsin, Nebraska, or South Dakota, respectively, extend a similar privilege to persons so licensed under the laws of Iowa.
2. Any privileges conferred by this section shall be subject to a reciprocal agreement as negotiated by the commission and the authority of a state provided in subsection 1 which confers upon a licensee of this state reciprocal rights, privileges, and immunities as provided in section 483A.31. Such agreements may include determination of which state’s seasons and limits shall apply for specific geographical areas.
[C24, 27, 31, 35, 39, §1762; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.19]
C93, §481A.19
481A.20 Parrots and canaries.
This chapter shall not be construed to forbid the selling or shipping of parrots, canaries, or any other cage birds which are imported
from other countries or not native to any part of the United States.
[S13, §2563-r; C24, 27, 31, 35, 39, §1777; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.20]
481A.21 Birds as targets.
A person shall not keep or use any live pigeon or other bird as a target, to be shot at for amusement or as a test of skill
in marksmanship, or shoot at a bird kept or used for such purpose, or be a party to such shooting, or lease any building,
room, field, or premises, or knowingly permit the use thereof, for the purpose of such shooting.
This section does not prevent any person from shooting at live pigeons, sparrows, and starlings when used in the training of hunting dogs.
This section does not prevent any person from shooting at a game bird that is released a minimum of twenty-five yards from that person
on a licensed hunting preserve. For the purposes of
this section,
“game bird” means the same as defined in
section 484B.1.
[S13, §2563-i; C24, 27, 31, 35, 39, §1778; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.21]
C93, §481A.21
481A.22 Field and retriever meets — permits and tags required.
1. a. All officially sanctioned field meets or trials and retriever meets or trials where the skill of dogs is demonstrated in pointing,
retrieving, trailing, or chasing any game bird, game animal, or fur-bearing animal shall require a field trial permit. Except
as otherwise provided by law, it shall be unlawful to kill any wildlife in such events. Notwithstanding the provisions of
section 481A.21 it shall be lawful to hold field meets or trials and retriever meets or trials where dogs are permitted to work in exhibition
or contest whereby the skill of dogs is demonstrated by retrieving dead or wounded game birds which have been propagated by
licensed game breeders within the state or secured from lawful sources outside the state and lawfully brought into the state.
All of the birds must be released on the day of trials on premises where the trials are held. b. Any birds released may be shot by official guns after having secured a permit as provided in this section.
c. The permits may be issued by the director of the department upon proper application and the payment of a fee of two dollars
for each trial held. A representative of the department shall attend all such trials and enforce the laws and regulations
governing same.
2. The person or persons designated by the committee in charge to do the shooting for the trials shall be known as the official
guns, and no other person shall be permitted to kill or attempt to kill any of the birds released for such trials.
3. Before any birds are released under this section, they must each have attached a tag provided by the department and attached by a representative of the department at a cost
of not more than ten cents for each tag. All tags are to remain attached to birds until prepared for consumption.
4. It is unlawful for any person to hold, conduct, or to participate in a field or retriever trial before the permit required
by this section has been secured or for any person to possess or remove from the trial grounds any birds which have not been tagged as required
in this section.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.22]
C93, §481A.22
481A.23 Transportation for sale prohibited.
It shall be unlawful for any person, firm, or corporation, except as otherwise provided, to offer for transportation or to
transport by common carrier or vehicle of any kind, to any place within or without the state, for the purposes of sale, any
of the fish, game, animals, or birds taken, caught, or killed within the state, or to peddle any of such fish, game, animals,
or birds.
[C97, §2555; SS15, §2540, 2555; C24, 27, 31, 35, 39, §1780; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.23]
481A.24 Use of mobile radio transmitter prohibited — exceptions.
1. For the purposes of this section: a. “One-way mobile radio transmitter” means a radio capable of transmitting a signal only but not capable of transmitting a voice signal. The signal may be tracked
or located by radio telemetry or located by an audible sound.
b. “Two-way mobile radio transmitter” means a radio capable of transmitting and receiving voice messages including, but not limited to, a citizen band radio or
a cellular telephone.
2. Except as otherwise provided in this section, a person who is hunting shall not use a one-way or two-way mobile radio transmitter to communicate the location or direction
of game or fur-bearing animals or to coordinate the movement of other hunters. This subsection does not apply to the hunting of coyotes except during the shotgun deer season as set by the commission under section 481A.38.
3. A licensed falconer may use a one-way mobile radio transmitter to recover a free-flying bird of prey properly banded and covered
on the falconry permit.
4. A person hunting with the aid of a dog may use at any time a one-way mobile transmitter designed to track or aid in the recovery
of the dog.
481A.25 Reserved.
481A.26 Unlawful transportation.
Except as otherwise provided, in any one day, a person shall not ship, carry, or transport game, fish, birds, or animals,
except fur-bearing animals, in excess of the number the person is legally permitted to possess.
[C97, §2555; SS15, §2555; C24, 27, 31, §1783; C35, §1782-e1; C39, §1782.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.26]
481A.27 through 481A.29 Reserved.
481A.30 Entire shipment contraband.
In the shipping of fish, game, animals, birds, or furs, whenever a container includes one or more fish, game, animals, birds,
or furs that are contraband, the entire contents of the container shall be deemed contraband and shall be seized by the director
or the director’s officers.
[C24, 27, 31, 35, 39, §1787; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.30]
481A.31 Game brought into the state.
It shall be lawful for any person, firm, or corporation to have in possession any fish or game lawfully taken outside the
state and lawfully brought into the state, but the burden of proof shall be upon the person in such possession to show that
such fish or game was lawfully killed and lawfully brought into the state.
[SS15, §2555; C24, 27, 31, 35, 39, §1788; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.31]
481A.32 Violations — penalties.
1. A person who does any of the following is guilty of a simple misdemeanor and shall be assessed a minimum fine of twenty dollars
for each offense for which no other punishment is provided: a. Takes, catches, kills, injures, destroys, has in possession, buys, sells, ships, or transports any frogs, fish, mussels, birds,
their nests, eggs, or plumage, fowls, game, or animals or their fur or raw pelt in violation of the provisions of this chapter or of administrative rules of the commission.
b. Uses any device, equipment, seine, trap, net, tackle, firearm, drug, poison, explosive, or other substance or means, the use
of which is prohibited by this chapter.
c. Uses any device, equipment, seine, trap, net, tackle, firearm, drug, poison, explosive, or other substance or means at a time,
place, or in a manner or for a purpose prohibited.
d. Does any other act in violation of the provisions of this chapter or of administrative rules of the commission.
2. Each fish, fowl, bird, bird’s nest, egg, or plumage, and animal unlawfully caught, taken, killed, injured, destroyed, possessed,
bought, sold, or shipped shall be a separate offense.
3. A person convicted of taking a deer, antelope, moose, buffalo, or elk with a prohibited weapon as defined by rules of the
department, is subject to a fine of one hundred dollars for each offense committed while taking the animal with the prohibited
weapon.
[R60, §4381 – 4383; C73, §4048, 4053, 4063; C97, §2543, 2544, 2551, 2552, 2556, 2558, 2561; S13, §2547-e, 2551-b, 2561, 2563-a8,
-i, -o, -s, -v; SS15, §2540-a, 2544, 2551, 2552, 2556; C24, 27, 31, 35, 39, §1789; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.32]
C93, §481A.32
481A.33 Violations relating to dams.
1. A person who erects any dam or other obstruction prohibited by this chapter or at a place or in a manner prohibited shall be guilty of a simple misdemeanor.
2. A person who injures or destroys any dam lawfully erected shall be guilty of an aggravated misdemeanor.
[C97, §2548, 2550; SS15, §2548; C24, 27, 31, 35, 39, §1790; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.33]
481A.34 Violations by common carrier.
A common carrier which violates any of the provisions of
this chapter relating to receiving, having in possession, shipping, or delivering any fish, fowl, birds, birds’ nests, eggs, or plumage,
fur, raw pelts, game, or animals, in violation of the provisions of the Code or contrary to the regulations and restrictions
provided in
this chapter, and any agent, employee, or servant of a common carrier violating such provisions, is guilty of a simple misdemeanor.
[C73, §4049; C97, §2557; C24, 27, 31, 35, 39, §1791; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.34]
481A.35 Attorney general and county attorneys.
It shall be the duty of the attorney general, when requested by the director, to give the attorney general’s opinion in writing
upon any question of law arising under
this chapter; and it shall be the duty of all county attorneys in this state when requested by the director or any officer appointed by
the commission, to prosecute all criminal actions brought in their respective counties for violations of the provisions of
this chapter. Nothing in
this chapter shall be construed as prohibiting any person from instituting legal proceedings for the enforcement of any of the provisions
thereof.
[R60, §4385; C73, §4051; C97, §2559; SS15, §2559; C24, 27, 31, 35, 39, §1792; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.35]
481A.36 Information — venue.
1. In all prosecutions under this chapter, any number of violations may be charged in one information, but each charge shall be set out in a separate count if more
than one charge is included in one information.
2. Prosecutions for violations may be brought in the county in which any fish, fowl, bird, bird’s nest, eggs, or plumage, or
animals protected by this chapter were unlawfully caught, taken, killed, trapped, ensnared, bought, sold, or shipped unlawfully, or in any county into or through
which they were received, transported, or found in the possession of any person.
[R60, §4385; C73, §4051; C97, §2559; SS15, §2559; C24, 27, 31, 35, 39, §1793; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.36]
481A.37 Presumptive evidence.
It shall be presumptive evidence of a violation of the provisions of
this chapter for any person to:
1. Have in possession any fish, game, furs, birds, birds’ nests, eggs or plumage, or animals, which have been unlawfully caught,
taken, or killed.
2. Be in possession of such fish, game, furs, birds, or animals at a time when or place where it shall be unlawful to take, catch,
or kill the same, except game, birds or animals, during the first ten days of the closed season.
3. Have in possession any implements, devices, equipment, or means whatever of taking fish, birds, or animals protected by the
Code at any place where the possession or use thereof is prohibited.
[C97, §2554; S13, §2563-a10; SS15, §2554, 2555; C24, 27, 31, 35, 39, §1794; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.37]
SUBCHAPTER IIITERRITORIES, OPEN SEASONS, AND BAG AND POSSESSION LIMITS FOR GAME
481A.48 Restrictions on game birds and animals.
1. A person, except as otherwise provided by law, shall not willfully disturb, pursue, shoot, kill, take or attempt to take,
or have in possession any of the following game birds or animals except within the open season established by the commission: gray or fox squirrel, bobwhite quail, cottontail or jackrabbit, duck, snipe, pheasant, goose, woodcock, partridge, mourning
dove, coot, rail, ruffed grouse, wild turkey, pigeon, or deer. The seasons, bag limits, possession limits, and locality shall
be established by the department or commission under the authority of sections 456A.24, 481A.38, and 481A.39.
2. The commission may adopt rules for the taking and possession of migratory birds which are subject to the federal Migratory
Bird Treaty Act and Migratory Bird Stamp Hunting Act during the time and in the manner permitted under those federal Acts.
The commission shall not adopt a rule for the taking or possession of a migratory bird for which an open season is not authorized
by another paragraph of this section.
3. The commission may by rule permit the taking and possession of designated raptors and crows during the time and in the manner
permitted under the federal Migratory Bird Treaty Act.
4. The commission shall establish methods by which pigeons may be taken which may include but are not limited to the use of trapping,
chemical repellants, or toxic perches.
5. The commission shall establish one or more pistol or revolver seasons for hunting deer as separate firearm seasons or to coincide
with one or more other firearm deer hunting seasons. Any pistol or revolver with a barrel length of at least four inches and
firing straight wall or other centerfire ammunition propelling an expanding-type bullet with a maximum diameter of no less
than three hundred fifty thousandths of one inch and no larger than five hundred thousandths of one inch and with a published
or calculated muzzle energy of five hundred foot pounds or higher is legal for hunting deer during the pistol or revolver
seasons. The commission shall adopt rules to allow black powder pistols or revolvers for hunting deer. The rules may limit
types of projectiles. A person who is twenty years of age or less shall not hunt deer with a pistol or revolver unless that
person is accompanied and under direct supervision throughout the hunt by a responsible person with a valid hunting license
who is at least twenty-one years of age, with the consent of a parent, guardian, or spouse who is at least twenty-one years
of age, pursuant to section 724.22, subsection 5. The responsible person with a valid hunting license who is at least twenty-one years of age shall be responsible for the
conveyance of the pistol or revolver while the pistol or revolver is not actively being used for hunting. A person possessing
a prohibited pistol or revolver while hunting deer commits a scheduled violation under section 805.8B, subsection 3, paragraph “h”, subparagraph (5).
6. The commission shall adopt rules pursuant to chapter 17A allowing the use of cartridge rifles to hunt deer as follows: a. A cartridge rifle may be used to hunt deer during youth and disabled deer hunting season and first and second shotgun deer
hunting seasons by a person who has a valid deer hunting license and is otherwise qualified to hunt.
b. A cartridge rifle that is allowed pursuant to this subsection shall be of the same caliber and shall use the same straight wall or other ammunition as is allowed for use in a pistol or
revolver for hunting deer as provided in subsection 5. In addition, the commission shall provide, by rule, for the use of straight wall or other ammunition under this subsection that meets ballistics specifications similar to the requirements for straight wall or other ammunition allowed for use in
a pistol or revolver for hunting deer as provided in subsection 5.
c. A person possessing a prohibited rifle while hunting deer commits a scheduled violation under section 805.8B, subsection 3, paragraph “h”, subparagraph (6). In addition, the hunting privileges of a person convicted of possessing a prohibited rifle while hunting
deer shall be suspended for two years.
[R60, §4381; C73, §4048; C97, §2551, 2552; S13, §2563-q; SS15, §2551, 2552, 2563-u; C24, §1767, 1768, 1776; C27, 31, §1767,
1767-a1, 1768, 1776; C39, §1794.011; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.48]
C93, §481A.48
97 Acts, ch 141, §1; 2001 Acts, ch 137, §5; 2011 Acts, ch 3, §1; 2017 Acts, ch 68, §1; 2020 Acts, ch 1071, §2; 2022 Acts, ch 1021, §136
481A.49 Reserved.
No part of the plumage, skin, or body of any bird protected by
this chapter shall be sold or had in possession for sale, irrespective of whether said bird was captured or killed within or without the
state, except as otherwise provided.
[C39, §1794.013; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.50]
481A.51 Hunting license not trapping license.
A hunting license shall not permit the holder to trap any fur-bearing animal as defined in
this chapter.
[SS15, §2563-a1; C24, 27, §1718; C31, §1718-c1; C39, §1794.014; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.51]
481A.52 Exhibiting catch to officer.
A person who has in possession any game bird, game animal, fish, or fur or part thereof shall upon request of the director
or any officer appointed by the department exhibit the game bird, game animal, fish, or fur or part thereof to the director
or officer. A person who refuses to comply with a request made under this section commits a scheduled violation under
section 805.8B.
[C31, §1768-c1; C39, §1794.015; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.52]
481A.53 Chasing from dens.
It is unlawful to have in possession while hunting or to use while hunting any ferret or any device or any substance to be
used for chasing animals from their dens.
[C31, §1767-c1; C39, §1794.016; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.53]
481A.54 Shooting rifle, shotgun, pistol, or revolver over water, highway, or railroad right-of-way.
1. A person shall not shoot any rifle on or over any of the public waters or public highways of the state or any railroad right-of-way.
2. A person shall not shoot a shotgun with a slug load, pistol, or revolver on or over a public roadway as defined in section 321.1, subsection 65.
3. This section does not apply to any peace officers or military personnel in the performance of their official duties.
[C31, §1772-c2; C39, §1794.017; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.54]
1. Except as otherwise provided, a person shall not buy or sell, dead or alive, a bird or animal or any part of one which is
protected by this chapter, but this section does not apply to fur-bearing animals, bones of wild turkeys that were legally taken, and the skins, plumage, and antlers
of legally taken game. This section does not prohibit the purchase of jackrabbits from sources outside this state. A person shall not purchase, sell, barter,
or offer to purchase, sell, or barter for millinery or ornamental use the feathers of migratory game birds; and a person shall
not purchase, sell, barter, or offer to purchase, sell, or barter mounted specimens of migratory game birds.
2. Section 481A.50 and this section do not apply to a game species, fur-bearing animal species, or variety of fish protected under this chapter which is sold by a nonprofit corporation as a part of a meal. The number of game of a game species or fur-bearing animal
species, or a variety of fish protected by this chapter which are donated by a person to a nonprofit corporation plus any additional game of the same species or same variety of
fish in the person’s possession must not exceed the person’s legal possession limit.
[C97, §2554; SS15, §2554; C24, 27, 31, §1769; C39, §1794.018; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.55]
1. a. A person having a valid hunting license may train a bird dog on any game birds and a person having a valid fur harvester license
may train a coonhound, foxhound, or trailing dog on any fur-bearing animals at any time of the year including during the closed
season on such birds or animals. However, the animals when pursued to a tree or den shall not be further chased or removed
in any manner from the tree or den. A person having a hunting license may train a dog on coyote or groundhog. b. Only a pistol, revolver, or other gun shooting blank cartridges shall be used while training dogs during closed season except
as provided in subsection 2 of this section.
2. Any pen-raised game bird may be used and may be shot in the training of bird dogs. Before any bird is released or used in
the training of dogs, the bird shall have attached a band procured from the commission. The commission may charge a fee for
such bands but the fee shall not exceed ten cents for each band.
3. A call back pen or live trap may be used for the purpose of retrieving banded birds when released in the wild for training
purposes. Any bird not so banded when taken in a call back pen or trap shall be immediately returned unbanded to the wild.
All call back pens or live traps when in use shall have attached a metal tag plainly labeled with the owner’s name and address.
Conservation officers shall have authority to confiscate such traps when found in use and not properly labeled.
4. The commission shall have the power to adopt rules prohibiting the training of any hunting dog on any game bird, game animal,
or fur-bearing animal in the wild at any time when it has been determined that such training might have an adverse effect
on the populations of these species.
[C39, §1794.019; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.56]
C93, §481A.56
481A.56A Retrieval of wounded deer by leashed dogs.
A person having a valid hunting license and a valid deer hunting license who has wounded a deer while hunting may use a dog
to track and retrieve the wounded deer. An unarmed dog handler assisting in the recovery of a wounded deer is exempt from
the licensing requirements as long as the handler is associated with the licensed hunter who wounded the deer. Any person
using a dog for tracking wounded deer must maintain physical control of the dog at all times during the search by means of
a maximum fifty-foot lead attached to the dog’s collar or harness. The licensed hunter who wounded the deer may dispatch the
deer using a legal method of take authorized by the person’s deer hunting license consistent with all rules and regulations
for that season. A person shall not chase, hunt, wound, or kill any animal other than the deer that the hunter is tracking,
except in self-defense. Using a dog to track a wounded deer on private property is permissible with consent of the property
owner. A person using a dog to track a wounded deer outside of legal deer hunting hours shall not be in possession of a firearm
or archery device. The commission may adopt rules pursuant to
chapter 17A to implement
this section.
481A.57 Possession and storage.
A person having lawful possession of game or fur-bearing animals or their pelts lawfully taken by that person with a valid
hunting or trapping license, may hold, possess, or store the game or fur-bearing animals or their pelts in an amount that
does not exceed the possession limit for the game or fur-bearing animal, from the date of taking until the day before the
first day of the next open season for that game or fur-bearing animal. Any person may possess up to twenty-five pounds of
deer venison if the deer was obtained from a lawful source.
[C39, §1794.020; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.57]
C93, §481A.57
481A.58 Trapping birds or poisoning animals.
No person except those acting under the authority of the director shall capture or take, or attempt to capture or take, any
game bird with any trap, snare, or net, nor shall any person use any poison, any medicated or poisoned food, or any other
substance for the killing, capturing, or taking of any game bird or animal.
[R60, §4381; C73, §4048; C97, §2551; SS15, §2539, 2551; C24, 27, 31, §1773; C39, §1794.021; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.58]
481A.59 Pigeons — interference prohibited.
1. It shall be unlawful for any person or persons, except the owner or the owner’s representatives, to shoot, kill, maim, injure,
steal, capture, detain, or to interfere with any homing pigeon, commonly called “carrier pigeon”, which shall at the time,
have the name, initials, or other identification of its owner, stamped, marked, or attached thereon; or to remove any mark,
band, or other means of identification from such pigeon which has the name, initials, or emblem of the owner stamped or marked
upon it.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.59]
SUBCHAPTER IVGAME BREEDERS
481A.60 Raising game — rulemaking authority.
A person shall not raise or sell game or fur-bearing animals of the kinds protected by
this chapter, except rock doves and pigeons, without first procuring a game breeder’s license as provided by law. The commission may adopt
rules which ensure that all game birds, game animals, and fur-bearing animals handled and confined by licensed game breeders
are provided with humane care and treatment. A violation of a rule adopted by the commission is a cause for license revocation.
This section does not apply to governmental zoos and exhibits.
[C39, §1794.022; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.60]
481A.61 Licensed game breeders — marketing game — penalty.
1. Except as otherwise provided by law, a licensed game breeder whose original stock is obtained from a lawful source may possess
any game bird, game animal, or fur-bearing animal, or any of their parts. Possession and use of the game birds, game animals,
or fur-bearing animals obtained from a licensed game breeder are lawful.
2. Fur-bearing animals shall not be acquired for breeding or propagating purposes from any source unless they have been pen-raised
for at least two successive generations.
3. A game breeder’s license is not a license to possess, breed, propagate, sell, or dispose of any species which is defined as
endangered or threatened under state law unless the species is listed on the license. Its possession, breeding, propagation,
sale, and disposal are subject to all applicable state and federal statutes.
4. A licensed game breeder shall not acquire protected live game animals, game birds, their eggs, or fur-bearing animals taken
from the wild within this state.
5. Game birds or game animals may be sold for food only under the following conditions: a. The licensed game breeder shall file with the commission a facsimile of a stamp of similar type to that used by the United
States department of agriculture in grading meat.
b. Licensed game breeders may sell dressed game birds or game animals to markets for resale providing each game bird or game
animal has affixed upon it in a conspicuous and legible manner the imprint of the game breeder’s stamp.
c. The stamp shall bear the name and number of the game breeder in letters of at least twelve point type size.
6. Markets selling stamped game shall: a. Maintain the stamp on each game bird or game animal until the bird or animal is disposed of or sold.
b. Keep a record showing the total number of game birds or game animals sold together with the name and address of the game breeder
from whom purchased and the number of game birds and animals in each purchase.
7. Markets selling stamped game, together with their records, are subject to inspection by an authorized representative of the
commission at any reasonable time.
8. Violation of a provision of this section may be cause for license revocation.
[C39, §1794.023; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.61]
481A.62 Records — reports — inspection.
1. A holder of a game breeder’s license shall keep the records and make the reports required by this section on forms provided by the department. The records shall be open for inspection at any reasonable time by the department or
its authorized agents.
2. At the time of every sale or conveyance of an animal, animal parts, or products, the licensee shall complete a game breeder’s
sales receipt on forms provided by the department. The forms shall require the following information: a. The name, address, county, and license number assigned to the breeder.
b. The name and address of the purchaser.
c. The number, species, sex, and age of the animals or birds conveyed.
3. a. Licensees shall maintain business records for all species in an annual report record book. The records shall include the following
information: (1) For each animal acquired other than by birth on the licensee’s game farm, the sex and species, the date of acquisition, the
number acquired, and the name and address of the source from which acquired.
(2) For each animal born on the licensee’s game farm, the sex, species, date of birth, and number of any band, tag, or tattoo
subsequently attached to the animal.
(3) For each animal sold or disposed of other than by death the same information required by the game breeder’s sales receipt.
(4) For each animal which dies, disappears, or is destroyed on the licensee’s game farm, the sex, species, date of death, and
the number of any band, tag, or tattoo attached to the animal.
b. The licensee’s copies of the required sales receipts shall be kept with the record book and are considered a part of it.
c. Records required by this section shall be entered in the annual report record book within forty-eight hours of the event.
4. Each licensee shall file an annual report with the commission on or before January 31. The report shall detail the game breeder’s
operations during the preceding license year. The original report shall be forwarded to the department and a copy shall be
retained in the breeder’s file for a period of three years from the date of expiration of the breeder’s last license issued.
Failure to keep or submit the required records and report are grounds for a refusal to renew a license for the succeeding
year.
5. An on-site inspection of facilities shall be conducted by an officer of the commission prior to the initial issuance of a
game breeder’s license. The facilities may be reinspected by an officer of the commission at any reasonable time.
6. Any officer of the commission may enter any place where any game bird, game animal, or fur-bearing animal is at the time located,
or where it has been kept, or where the carcass of such animal may be, for the purpose of examining it in any way that may
be necessary to determine whether it was or is infected with any contagious or infectious disease.
7. For the purpose of this section, infectious and contagious disease includes rabies, hoof-and-mouth disease, leptospirosis, blackhead, or any other communicable
disease so designated by the commission.
8. The commission may regulate or prohibit the importation into the state and exportation from the state of any species of game
bird, game animal, or fur-bearing animal, domesticated or not, which in its opinion, for any reason, is determined to be detrimental
to the health of animals within or without the state.
9. The commission may quarantine or destroy any game bird, game animal, or fur-bearing animal which is found to be infected with
any contagious or infectious disease.
10. A licensed game breeder or other person having control of any game bird, game animal, or fur-bearing animal shall not knowingly
offer for sale, sell, or barter such birds or animals which have an infectious or contagious disease, or allow those birds
or animals to run at large or come in contact with any other game birds, game animals, or fur-bearing animals.
[C39, §1794.024; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.62]
C93, §481A.62
481A.63 and 481A.64 Reserved.
SUBCHAPTER VIANGLING LAWS
481A.67 Seasons and limits — turtle harvesting restrictions.
1. It is unlawful for a person, except as otherwise expressly provided, to take, capture, or kill fish, frogs, or turtles except
during the open season established by the commission. It is unlawful during open season to take in any one day an amount in
excess of the daily catch limit designated for each variety or each locality, or have in possession any variety of fish, frog,
or turtle in excess of the possession limit, or have in possession any frog, fish, or turtle at any time under the minimum
length or weight. The open season, possession limit, daily catch limit, and the minimum length or weight for each variety
of fish, frog, or turtle shall be established by rule of the department or commission under the authority of sections 456A.24, 481A.38, 481A.39, and 482.1.
2. Notwithstanding any provision of law to the contrary, the natural resource commission shall adopt rules pursuant to chapter 17A establishing seasons and daily catch limits for the noncommercial harvest of turtles in any waters of the state pursuant
to section 483A.28. Seasons established pursuant to this subsection shall not apply to the noncommercial harvest of snapping turtles.
3. Notwithstanding any provision of law to the contrary, the natural resource commission shall adopt rules pursuant to chapter 17A establishing seasons and daily catch limits for the commercial harvest of turtles in any waters of the state.
[C97, §2540; SS15, §2540; C24, 27, 31, §1731, 1732, 1733; C39, §1794.029; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.67]
C93, §481A.67
481A.68 Tip-up fishing device.
1. As used in this section, “tip-up fishing device” means an ice fishing mechanism with an attached flag or signal to indicate fishing action, used to hold a fishing rod or
pole with line and hook.
2. A person shall not use more than three tip-up fishing devices for fishing in the waters of the Mississippi river, the Missouri
river, and the Big Sioux river, and their connected backwaters. A person may use two or three hooks on the same line, but
the total number of hooks used by each person shall not exceed three. Each tip-up fishing device used in fishing shall have
attached a tag plainly labeled with the owner’s name and address. A person shall not use a tip-up fishing device for fishing
within three hundred feet of a dam or spillway or in a part of the river which is closed or posted against use of the device.
Three tip-up fishing devices may be used in addition to the two lines with no more than two hooks per line, as specified in
section 481A.72.
3. An untagged tip-up fishing device found in use shall be confiscated by any officer appointed pursuant to section 456A.13 or 456A.14.
C89, §109.68
C93, §481A.68
The commission may adopt rules designating game fish, commercial fish, and rough fish.
C89, §109.69
C93, §481A.69
481A.70 Reserved.
481A.71 Releasing unlawful catch.
Any fish caught that is less than lawful minimum length or weight shall be handled with wet hands and released under water
immediately with as little injury as possible.
[C39, §1794.033; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.71]
1. Except as otherwise provided in this chapter, a person shall not at any time take from the waters of the state any fish except with hook, line, and bait. A person shall
not use more than three lines nor more than two hooks on each line in still fishing or trolling. In fly fishing not more than
two flies may be used on one line, and in trolling and bait casting not more than two trolling spoons or artificial bait may
be used on one line.
2. A person shall not leave fish line or lines and hooks in the water unattended by being out of visual sight of the lines and
hooks.
3. One hook means a single, double, or treble pointed hook, and all hooks attached as a part of an artificial bait or lure shall
be counted as one hook.
C89, §109.72
C93, §481A.72
481A.73 Trotlines and tagged lines.
In the waters of the state open to their use, a person shall not use more than five tagged lines set to take fish such as
trotlines or throw lines. Such tagged lines shall not have in the aggregate more than fifteen hooks. Each separate line when
in use shall have attached a tag plainly labeled with the owner’s name and address, shall be checked at least once each twenty-four
hours, and a person shall not use tagged lines in a stocked lake or within three hundred feet of a dam or spillway or in a
stream or portion of stream, which is closed or posted against the use of such tackle. One end of such lines shall be set
from the shore and be visible above the shore waterline, but no such line shall be set entirely across a stream or body of
water. Any untagged or unlawful lines when found in use shall be confiscated by any officer appointed by the director.
[C73, §4052; C97, §2540, 2542; SS15, §2540; C24, 27, 31, §1734; C39, §1794.035, 1794.037; C46, 50, 54, 58, 62, 66, 71, 73, §109.73, 109.75; C75, 77, 79, 81, §109.73]
Trotlines and throw lines may be used in the border rivers of the state and in the inland waters. However, the commission
may by rule prohibit the use of trotlines or throw lines in certain inland waters.
[C73, §4052; C97, §2540, 2542; C24, 27, 31, §1734; C39, §1794.036; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.74]
481A.75 Reserved.
481A.76 Unlawful means — exception.
It is unlawful, except as otherwise provided, to use on or in the waters of the state any grabhook, snaghook, any kind of
a net, seine, trap, firearm, dynamite, or other explosives, or poisonous or stupefying substances, lime, ashes, electricity,
or hand fishing in the taking or attempting to take any fish, except that gaffhooks or landing nets may be used to assist
in landing fish. The commission may permit designated fish to be taken by hand fishing, by snagging, by spearing, by bow and
arrow, and with artificial light at the times and at the places as determined by rules of the commission.
[C97, §2540; SS15, §2540; C24, 27, 31, §1735; C39, §1794.038; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.76]
481A.77 Reserved.
481A.78 Stocking private water.
No private water may be stocked by the commission unless the owner agrees that such waters shall be open to the public for
fishing, except that the commission may, after investigation to determine their suitability as to size, depth, living conditions
for fish, and management, provide a breeding stock of fish for privately owned farm ponds on request of the owner.
[C39, §1794.040; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.78]
481A.79 through 481A.82 Reserved.
481A.83 Prohibited stocking.
A person shall not stock or introduce into the waters of the state a live fish, except for hooked bait, without the permission
of the director.
This section does not apply to privately owned ponds and lakes.
C89, §109.83
C93, §481A.83
481A.84 Frogs — catching — selling.
1. Frogs may be taken by holders of a fishing license only and they may be used for bait or food purposes, but no person shall
take more than four dozen frogs in any one day or have in possession at any one time more than eight dozen frogs. Licensed
bait dealers authorized by law to sell bait may have in their possession to supply the bait needs of their customers, not
more than twenty dozen frogs.
2. No person shall use any device, net, barrier or fence of any kind which prevents frogs from having free access to and egress
from the water.
3. Transportation out of the state in any manner or for any purposes, of frogs taken in Iowa, is prohibited.
4. Nothing in this chapter shall be construed to prevent the purchase, sale or possession of frogs or any portion of the carcasses of frogs that have
been legally taken and shipped in from without the state.
5. Nothing herein shall prevent any person from catching frogs on the person’s own premises for the person’s private use.
[C39, §1794.046; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.84]
481A.85 Prohibited areas.
It shall be unlawful for any person at any time, except as otherwise provided, to take any fish, minnows, frogs, or other
aquatic, biological life from any state fish hatchery, nursery, or other area under the jurisdiction of the commission operated
for fish production purposes.
[C39, §1794.047; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.85]
481A.86 Federal employees excepted.
Authorized employees of the United States bureau of sport fisheries and wildlife are hereby authorized to conduct fish culture
operations, rescue work on the boundary waters of the state, and other operations necessary for rescue and hatchery work.
[C39, §1794.048; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.86]
SUBCHAPTER VIITRAPPING OR HUNTING OF FUR-BEARING ANIMALS
481A.87 Open seasons — exceptions.
1. Except as otherwise provided, a person shall not take, capture, kill, or have in possession a fur-bearing animal or any of
its parts at any time except during the open season as set by the commission.
2. A person may shoot, trap, or ensnare a fur-bearing animal when the killing, trapping, or ensnaring is for the protection of
a person or public or private property with the prior permission of a duly appointed representative of the commission. If
prior permission is impractical or impossible to obtain and the fur-bearing animal represents a threat to a person, domestic
animal, or private property, the fur-bearing animal may be taken without prior permission.
3. Prior permission is not required for an owner or tenant of agricultural property or an associated residence located outside
the corporate limits of a city to take, capture using a cage trap or dog-proof trap, shoot, or temporarily possess, for the
purpose of destroying or disposing of, a raccoon, opossum, or skunk on the property if the owner or tenant in good faith deems
the animal to be a nuisance. This subsection does not apply to animals listed pursuant to the federal Endangered Species Act or listed as endangered by the commission pursuant to section 481B.3.
4. All fur-bearing animals and all parts thereof taken as provided in subsection 2 or 3 shall be disposed of on the site or shall be relinquished to a representative of the commission.
[C97, §2553; SS15, §2553; C24, §1766; C27, 31, §1766, 1766-a1; C39, §1794.049; C46, §109.87, 109.93; C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.87]
481A.88 Reserved.
481A.89 Permit to hold hides.
Upon application, which shall be filed with the commission within ten days after the close of the open season, any person
may be permitted to hold hides or skins of fur-bearing animals lawfully taken for a longer time than specified in
section 481A.87. Such application shall be verified and shall show the number and varieties of the skins or hides to be held by the applicant.
The commission shall thereupon issue a permit to such applicant to hold such skins or hides, which permit shall authorize
the holder to sell or otherwise dispose of such skins or hides.
[C31, §1766-c4; C39, §1794.051; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.89]
1. A person shall not molest or disturb, in any manner, any den, lodge, or house of a fur-bearing animal or beaver dam except
by written permission of an officer appointed by the director.
2. This section does not prohibit the owner from destroying a den to protect the owner’s property.
[C39, §1794.052; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.90]
481A.91 Shooting or spearing.
A person shall not kill a beaver, mink, otter, or muskrat with a shotgun or spear. A person shall not possess a beaver, mink,
otter, or muskrat or the carcasses, skins, or parts of any one of those animals that have been killed with a shotgun or spear.
[C31, §1767-c2; C39, §1794.053; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.91]
C93, §481A.91
481A.92 Traps — disturbing dens — tags for traps.
1. A person shall not use or attempt to use colony traps in taking, capturing, trapping, or killing any game or fur-bearing animals
except muskrats as determined by rule of the commission. Box traps capable of capturing more than one game or fur-bearing
animal at each setting are prohibited. A valid hunting license is required for box trapping cottontail rabbits and squirrels.
All traps and snares used for the taking of fur-bearing animals shall have a metal tag attached plainly labeled with the user’s
name and address. All traps and snares, except those which are placed entirely under water, shall be checked at least once
every twenty-four hours. Officers appointed by the department may confiscate such traps and snares found in use that are not
properly labeled or checked.
2. Except as otherwise provided, a person shall not use chemicals, explosives, smoking devices, mechanical ferrets, wire, tool,
instrument, or water to remove fur-bearing animals from their dens. Humane traps, or traps designed to kill instantly, with
a jaw spread, as originally manufactured, exceeding eight inches are unlawful to use except when placed entirely under water.
3. Conibear type traps and snares shall not be set on the right-of-way of a public road within two hundred yards of the entry
to a private drive serving a residence without the permission of the occupant.
4. A snare when set shall not have a loop larger than eight inches in horizontal measurement except for a snare set with at least
one-half of the loop under water. A snare set on private land other than roadsides within thirty yards of a pond, lake, creek,
drainage ditch, stream, or river shall not have a loop larger than eleven inches in horizontal measurement.
5. All snares shall have a functional deer lock which will not allow the snare loop to close smaller than two and one-half inches
in diameter.
[R60, §4381; C73, §4048; C97, §2551, 2558; SS15, §2539, 2551; C24, 27, 31, §1771, 1773; C39, §1794.054; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.92]
481A.93 Hunting by artificial light.
1. A person who is in possession or control, either singly or as one of a group of persons, of any firearm, bow, or other implement
or device whereby a bird or animal could be killed or taken shall not throw or cast the rays of a spotlight, headlight, or
other artificial light on a highway, or in a field, woodland, or forest, for the purpose of spotting, locating, or taking
or attempting to take or hunt a bird or animal.
2. This section does not apply to any of the following: a. Deer being taken by or under the control of a local governmental body within its corporate limits pursuant to an approved
special deer population control plan.
b. A person who is totally blind using a laser sight on a bow or gun while hunting, if all of the following apply: (1) The person’s total blindness is supported by medical evidence produced by an eye care professional who is an ophthalmologist,
optometrist, or medical doctor. The eye care professional must certify that the person has no vision or light perception in
either eye. The certification must be carried on the person of the totally blind person and made available for inspection
by the department.
(2) The totally blind person is accompanied and aided by a person who is at least eighteen years of age and whose vision is not
seriously impaired. The accompanying person must purchase a hunting license that includes the wildlife habitat fee as provided
in rules adopted pursuant to section 483A.1 if applicable. If the accompanying person is not required to have a hunting license the person is not required to pay the
wildlife habitat fee. During the hunt, the accompanying adult must be within arm’s reach of the totally blind person, and
must be able to identify the target and the location of the laser sight beam on the target. A person other than the totally
blind person shall not shoot the laser sight-equipped gun or bow.
c. A person using an infrared light source to hunt coyotes as long as the infrared light source is mounted to the method of take
or to a scope mounted on the method of take. However, no person shall use an infrared light source to hunt coyotes during
any established muzzleloader, bow, or shotgun deer hunting season.
d. The spotting, locating, or taking or attempting to take or hunt raccoons or other fur-bearing animals that have been treed
with the aid of dogs.
[C62, 66, 71, 73, 75, 77, 79, 81, §109.93]
C93, §481A.93
98 Acts, ch 1203, §1; 2008 Acts, ch 1161, §20; 2012 Acts, ch 1096, §3, 23; 2018 Acts, ch 1159, §14, 28; 2020 Acts, ch 1021, §1; 2022 Acts, ch 1021, §138
SUBCHAPTER XIIIAQUACULTURE
481A.141 Aquaculture — license required.
1. A person shall not engage in the business of aquaculture until that person has applied for and has been issued an aquaculture
unit license from the department. The application period extends from January 1, or the date of the application, through December
31. A license shall not be issued to operate an aquaculture unit on private or nonmeandered lakes and streams and ponds that
may become stocked with fish from public waters or natural migration. A pond stocked by the department pursuant to section 481A.78 shall not be used for aquaculture purposes.
2. The following persons must obtain an aquaculture unit license: a. A person who, for commercial purposes, rears or maintains live animals or plants for food, bait, or for stocking in waters
of the state.
b. An owner or operator of a pond where guests or customers are allowed to fish for a fee, or allowed to take fish without regard
to angling licenses, seasons, gear restrictions, or bag limits.
3. The cultivation and sale of tropical fish species or ornamental aquatic plants or animals, not utilized for human consumption
or bait purposes, but maintained in closed systems and utilized by the pet industry or hobbyists are exempt from license requirements.
481A.142 Licensed aquaculture units — activities allowed.
A holder of an aquaculture unit license may:
1. Possess, propagate, buy, sell, deal in, and transport the aquatic organisms produced from breeding stock legally acquired,
including minnows.
2. Sell fish for stocking purposes within or outside the state. Fish which are nonindigenous to Iowa shall not be received or
sold in the state unless the aquaculture unit has obtained an importation permit from the department. The department shall
establish, by rule, requirements governing importation, and shall include a list of approved aquaculture species. Failure
to comply with this subsection will result in loss of license and a violator is subject to the scheduled fine provided in section 805.8B.
3. Hold, feed, and sell carp, buffalofish, and other fish legally taken by commercial fishers.
4. Harvest aquatic life on land under control of the aquaculture unit with commercial devices without obtaining any permits for
the devices.
5. a. Sell bait, including minnows and frogs, propagated or raised within the licensed unit without having to obtain a bait dealer’s
license. However, aquaculture units wishing to take bait from areas other than their licensed units must also obtain a bait
dealer’s license. b. A nonresident aquaculture unit licensee shall be limited to selling bait at wholesale unless the home state of the nonresident
licensee allows residents of this state to sell bait at retail.
6. Take any gull, tern, or merganser within the bounds of the unit. An owner or operator of the licensed aquaculture unit, however,
must first obtain a permit for this activity from the department or the United States fish and wildlife service. Each permittee
shall file an annual report with the department which itemizes the birds taken during the period covered by the permit, and
dispose of birds taken according to methods established by the department. The department shall not issue a subsequent permit
to any person failing to file this report.
481A.143 Licensed aquaculture units — requirements.
1. Each licensed aquaculture unit shall prepare an annual report of all fish bought, sold, and shipped. The records shall include
species name as well as the weight, volume, or count of fish involved. Reports shall be filed on or before December 31 of
each year for the preceding year. The department may refuse to renew a unit license if the annual report is not provided.
2. Each licensed aquaculture unit shall secure its breeding stock from licensed aquaculture units or licensed aquaculturists
in the state or from lawful sources outside the state. An aquaculture unit shall not secure stock in any other manner.
3. A shipment of fish must be accompanied by a duplicate of the sales invoice showing the name and address of the producer, date
of shipment, the species being transported, the weight, volume, or count of each species being shipped and the name and address
of the consignee. A duplicate of the sales invoice must be retained by the aquaculture unit or aquaculturist for one year
following the sale.
4. A licensed aquaculture unit shall comply with all state laws pertaining to possession, taking, or selling of bait which it
handles. The director may revoke the unit license of any person violating this subsection or a rule adopted by the department.
5. Minnow and bait boxes and tanks within licensed aquaculture units shall be open for inspection by the department at all times.
6. Aquaculture units shall not import live fish, viable eggs, or semen of any species of the salmonid family (trout, salmon,
or char) and ictalurid family (catfishes and bullheads), including hybrids, unless the owner or operator possesses a fish
importation permit. For the species listed in this subsection only, importation permits shall not be issued unless the fish, eggs, or semen have been inspected by the department and found
to be free of disease detrimental to the state’s fishery resources. The owner or operator of an aquaculture unit must provide
a statement certifying the fish listed in this subsection or their eggs or semen to be disease free, and include the date of inspection. Certification is not required for other fish
species, but the department may require inspection at any time. The department shall establish, by rule, those diseases detrimental
to the state’s fishery resources and the location of authorized certified pathologists for inspection.
481A.144 Licensed bait dealers — requirements.
1. A person shall not sell minnows, frogs, crayfish, or salamanders for fish bait without first obtaining a bait dealer’s license
from the department upon payment of the license fee. A licensee shall comply with all laws pertaining to taking, possessing,
and selling of bait handled by the licensee. If convicted of violating a provision of this chapter or a rule adopted pursuant to this chapter, a licensee shall forfeit the licensee’s bait dealer license upon demand of the director.
2. When taking bait from lakes and streams, bait dealers shall take only the size of bait which they can use, and shall return
all small minnows and frogs to the water immediately.
3. A minnow and bait box and a tank shall be open to inspection by the department at all times. A licensee shall have tanks and
bait boxes of sufficient size and with proper aeration to keep the bait alive and prevent substantial loss.
4. A person shall not take or attempt to take minnows for commercial purposes from any waters of the state or shall not transport
minnows without first obtaining a bait dealer’s license. However, a person taking or transporting minnows for personal use
is not required to have a bait dealer’s license.
481A.145 Taking and selling of minnows and other bait — regulations.
1. Except for species listed as threatened or endangered under chapter 481B, a licensed bait dealer may take sufficient bait from lakes and streams of this state that are not closed to the taking of
bait, to supply the licensee’s customers for hook and line fishing if the licensee is present while the bait is being taken.
2. Except as otherwise provided in this chapter, a person shall not carry, transport, ship, or cause to be carried, transported, or shipped, any minnows for the purpose
of sale beyond the boundaries of the state. Minnows which are bred, hatched, propagated, or raised on a licensed aquaculture
unit may be transported outside the state.
3. A person shall not transport, use, sell or offer to sell for bait or introduce into any inland waters of this state or into
any waters from which the waters of the state may become stocked, any minnows or fish of the carp, quillback, gar, or dogfish
species. Fish of the carp, quillback, gar, or dogfish species may be returned to the waters from which they are taken. A person
shall not possess live gizzard shad at any lake in this state.
4. Minnow traps not exceeding thirty-six inches in length may be used when the taking of minnows is allowed. Each trap, when
in use, shall have a metal tag attached plainly labeled with the owner’s name and address.
5. A person shall not use a minnow dip net which exceeds four feet in diameter, a cast net which exceeds ten feet in diameter,
or a minnow seine which exceeds twenty feet in length or has a mesh size smaller than one-quarter inch bar measure. Licensed
bait dealers may obtain a permit from the department to use minnow seines longer than twenty feet, but not exceeding fifty
feet in length.
6. The department may designate certain lakes and streams, and parts of them, from which minnow populations should be protected
for the best management of the lakes or streams. If an investigation of a lake or stream or a portion of a lake or stream
by the department indicates that the minnow population should be protected, the lake or stream or a portion of the lake or
stream shall be closed to the taking of minnows for a period of time deemed advisable by the department.
481A.146 Authority of the director.
The director may take any fish from the public waters of the state, at any time and in any manner, for the purpose of propagation
or restocking other waters, or exchanging with fish and wildlife agencies of other states, the federal government, or licensed
aquaculture units.
All fish in an aquaculture unit are private property and are not the property of the state, and the theft of fish from an
aquaculture unit is punishable as provided in
section 714.2.
481A.148 through 481A.150 Reserved.