House File 244 - Introduced



                                       HOUSE FILE       
                                       BY  ALONS


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act restricting the sale of bait by nonresidents who hold a
  2    license to engage in aquaculture.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2359YH 81
  5 da/sh/8

PAG LIN



  1  1    Section 1.  Section 481A.142, subsection 5, paragraph b,
  1  2 Code 2005, is amended to read as follows:
  1  3    b.  A person who holds a nonresident aquaculture unit
  1  4 licensee license shall be limited to selling bait at to a
  1  5 licensed wholesale unless the home state of the nonresident
  1  6 licensee allows residents of this state to sell bait at retail
  1  7 dealer.
  1  8                           EXPLANATION
  1  9    This bill amends a provision which regulates persons
  1 10 engaged in aquaculture, which is the controlled propagation,
  1 11 growth, and harvest of aquatic organisms (e.g., fish,
  1 12 amphibians, reptiles, mollusks, crustaceans, gastropods, and
  1 13 algae).  These persons must be licensed by the department of
  1 14 natural resources.  The water where aquaculture occurs is
  1 15 referred to as a licensed unit.  A person who has been issued
  1 16 a license may sell bait (such as minnows, frogs, and clams)
  1 17 propagated or raised within the licensed unit without having
  1 18 to obtain a bait dealer's license under Code section 483A.1.
  1 19    The bill applies to a person who is licensed under the
  1 20 statute but who is a nonresident.  Currently, a nonresident
  1 21 can only sell bait at wholesale.  However, there is one
  1 22 exception based on reciprocity of state law.  If the
  1 23 nonresident's home state allows Iowa residents to sell bait at
  1 24 retail to its citizens, then Iowa law also allows the
  1 25 nonresident to sell bait at retail to Iowa citizens.  The bill
  1 26 eliminates that exception and provides that the nonresident
  1 27 may only sell the bait to a licensed wholesale dealer
  1 28 regardless of the law of the nonresident's home state.
  1 29 LSB 2359YH 81
  1 30 da:nh/sh/8