Senate File 304 - Enrolled

PAG LIN



  1  1                                             SENATE FILE 304
  1  2
  1  3                             AN ACT
  1  4 RELATING TO THE EXERCISE OF REGULATORY AUTHORITY BY THE
  1  5    DEPARTMENT OF NATURAL RESOURCES AND THE NATURAL RESOURCE
  1  6    COMMISSION WITHIN THE BOUNDARIES OF THE SAC AND FOX TRIBE
  1  7    SETTLEMENT IN TAMA COUNTY, AND PROVIDING FOR APPLICABILITY
  1  8    AND EFFECTIVE DATES.
  1  9
  1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 11
  1 12    Section 1.  Section 481A.38, subsection 3, Code 2007, is
  1 13 amended to read as follows:
  1 14    3.  The department and the commission shall exercise
  1 15 regulatory authority regarding seasons, bag limits, possession
  1 16 limits, locality, the method of taking, or the taking of fish
  1 17 and wildlife by members of the Sac and Fox tribe of the
  1 18 Mississippi in Iowa within the boundaries of the Sac and Fox
  1 19 tribe settlement in Tama county only to the extent provided in
  1 20 a written agreement between the tribal council of the Sac and
  1 21 Fox tribe of the Mississippi in Iowa and the department.  The
  1 22 written agreement shall not be construed to supersede or
  1 23 impair the regulatory authority exercised by the commission
  1 24 pursuant to the federal Migratory Bird Treaty Act, the federal
  1 25 Migratory Bird Stamp Hunting Act, the federal Endangered
  1 26 Species Act, or other federal law and shall not be construed
  1 27 to supersede or impair the regulatory authority exercised by
  1 28 the Sac and Fox tribe of the Mississippi in Iowa pursuant to
  1 29 any federal act, statute, or law.  The department and the
  1 30 commission shall not unreasonably fail to enter into an
  1 31 agreement and shall pursue such an agreement in an expedient
  1 32 manner.  This subsection shall become effective upon signing
  1 33 of the written agreement by the director of the department and
  1 34 the chairperson of the Sac and Fox tribe of the Mississippi in
  1 35 Iowa.
  2  1    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of
  2  2 immediate importance, takes effect upon enactment.
  2  3
  2  4
  2  5                                                             
  2  6                               JOHN P. KIBBIE
  2  7                               President of the Senate
  2  8
  2  9
  2 10                                                             
  2 11                               PATRICK J. MURPHY
  2 12                               Speaker of the House
  2 13
  2 14    I hereby certify that this bill originated in the Senate and
  2 15 is known as Senate File 304, Eighty=second General Assembly.
  2 16
  2 17
  2 18                                                             
  2 19                               MICHAEL E. MARSHALL
  2 20                               Secretary of the Senate
  2 21 Approved                , 2007
  2 22
  2 23
  2 24                                
  2 25 CHESTER J. CULVER
  2 26 Governor