CHAPTER 481B
ENDANGERED PLANTS AND WILDLIFE

Referred to in §232.8, 455A.4, 455A.5, 456A.14, 456A.24, 481A.1, 481A.130, 481A.134, 481A.135, 481A.145, 483A.32, 805.16, 903.1

This chapter not enacted as a part of this

title; transferred from chapter 109A in Code 1993

See §481A.134 and 481A.135 for point system and additional penalties

  
     
481B.1  Definitions.
  As used in this chapter:
  1.  “Commission” means the natural resource commission.
  2.  “Director” means the director of the department of natural resources.
  3.  “Endangered species” means any species of fish, plant life, or wildlife which is in danger of extinction throughout all or a significant part of its range. “Endangered species” does not include a species of insecta determined by the commission or the secretary of the United States department of interior to constitute a pest whose protection under this chapter would present an overwhelming and overriding risk to humans.
  4.  “Fish or wildlife” means any member of the animal kingdom, including any mammal, fish, amphibian, mollusk, crustacean, arthropod, or other invertebrate, and includes any part, product, egg, or offspring, or the dead body of parts thereof. Fish or wildlife includes migratory birds, nonmigratory birds, or endangered birds for which protection is afforded by treaty or other international agreement.
  5.  “Import” means to bring into, or introduce into, or attempt to bring into, or attempt to introduce into, any place subject to the jurisdiction of this state.
  6.  “Person” means person as defined in section 4.1, subsection 20.
  7.  “Plant” or “plant life” means any member of the plant kingdom, including seeds, roots, and other parts thereof.
  8.  “Species” includes any subspecies of fish, plant life, or wildlife and any other group of fish, plants, or wildlife of the same species or smaller taxa in common spatial arrangement that interbreed or cross-pollinate when mature.
  9.  “Take”, in reference to fish and wildlife, means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect and it includes an attempt to engage in any such conduct.
  10.  “Take”, in reference to plants, means to collect, pick, cut, dig up or destroy in any manner.
  11.  “Threatened species” means any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.
[C77, 79, 81, §109A.1]
86 Acts, ch 1245, §1856, 1857
C93, §481B.1

     
481B.2  Cooperation with federal government.
  The commission shall perform those acts necessary for the conservation, protection, restoration, and propagation of endangered and threatened species in cooperation with the federal government, pursuant to Pub. L. No. 93-205, and pursuant to rules promulgated by the secretary of the interior.
[C77, 79, 81, §109A.2]
C93, §481B.2
2006 Acts, ch 1010, §124

  
     
481B.3  Investigations.
  1.  The director shall conduct investigations on fish, plants, and wildlife in order to develop information relating to population, distribution, habitat needs, limiting factors, and other biological and ecological data to determine management measures necessary for their continued ability to sustain themselves successfully. On the basis of these determinations and other available scientific and commercial data, which may include consultation with scientists and others who may have specialized knowledge, learning, or experience, the commission shall, pursuant to chapter 17A, promulgate a rule listing those species of fish, plants, and wildlife which are determined to be endangered or threatened within the state.
  2.  The commission shall review the state list of endangered and threatened species at least every two years and may amend the list.
[C77, 79, 81, §109A.3]
C93, §481B.3
2021 Acts, ch 76, §150
Referred to in §481A.87, 481B.4, 481B.5, 481B.6

  
     
481B.4  Programs.
  1.  The director shall establish programs, including acquisition of land or aquatic habitat, necessary for the management of endangered or threatened species.
  2.  In carrying out the programs authorized by this section, the commission may enter into cooperative agreements with federal and state agencies, political subdivisions of the state, or with private persons for the administration and management of any area or program established under this section or for investigation as outlined in section 481B.3.
[C77, 79, 81, §109A.4]
C93, §481B.4
2021 Acts, ch 76, §150

  
     
481B.5  Prohibitions.
  Except as otherwise provided in this chapter or by rule, a person shall not take, possess, transport, import, export, process, sell or offer for sale, buy or offer to buy, nor shall a common or contract carrier transport or receive for shipment, any species of fish, plants, or wildlife appearing on the following lists which shall be adopted by rule of the commission:
  1.  The list of fish, plants, and wildlife indigenous to the state determined to be endangered or threatened within the state pursuant to section 481B.3.
  2.  The United States list of endangered or threatened native fish and wildlife as contained in 50 C.F.R. pt. 17 as amended to December 30, 1991.
  3.  The United States list of endangered or threatened plants as contained in 50 C.F.R. pt. 17 as amended to December 30, 1991.
  4.  The United States list of endangered or threatened foreign fish and wildlife as contained in 50 C.F.R. pt. 17 as amended to December 30, 1991.
[C77, 79, 81, §109A.5]
92 Acts, ch 1133, §1, 2
C93, §481B.5
2003 Acts, ch 108, §89
Referred to in §805.8B(3)(e)
For applicable scheduled fines, see §805.8B, subsection 3, paragraph e 

     
481B.6  Species not on list.
  The commission may, by rule, treat any species as an endangered species or threatened species even though it is not listed pursuant to section 481B.3 if it finds that the species so closely resembles in appearance a species which is listed pursuant to section 481B.3 and that enforcement personnel would have substantial difficulty in attempting to differentiate between the listed and unlisted species, and the effect of this substantial difficulty is an additional threat to an endangered or threatened species, or finds that the treatment of an unlisted species will substantially facilitate the enforcement and further the intent of this chapter.
[C77, 79, 81, §109A.6]
C93, §481B.6

     
481B.7  Special care to ensure survival.
  The director may permit the taking, possession, purchase, sale, transportation, importation, exportation, or shipment of endangered or threatened species which appear on the state list for scientific, zoological, or educational purposes, for propagation in captivity of such fish, plants, or wildlife, to ensure their survival.
[C77, 79, 81, §109A.7]
C93, §481B.7

     
481B.8  Damage to property or human life.
  Upon good cause shown and where necessary to reduce damage to property or to protect human health, endangered or threatened species found on the state list may be removed, captured, or destroyed, but only pursuant to a permit issued by the director.
[C77, 79, 81, §109A.8]
C93, §481B.8

     
481B.9  Exemptions.
  A species of fish, plant, or wildlife appearing on any of the lists of endangered species or threatened species which enters the state from another state or from outside the territorial limits of the United States may enter, be transported, possessed, and sold in accordance with rules adopted by the commission.
[C77, 79, 81, §109A.9]
92 Acts, ch 1133, §3
C93, §481B.9

     
481B.10  Penalties.
  Whoever violates any of the provisions of this chapter shall be guilty of a simple misdemeanor.
[C77, 79, 81, §109A.10]
C93, §481B.10