House File 286 - Introduced
HOUSE FILE
BY J.R. VAN FOSSEN, HUNTER,
WHITEAD, BAUDLER, LUKAN,
TJEPKES, and ARNOLD
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the rulemaking authority of the natural
2 resource commission regarding the taking and possession of
3 certain migratory birds and providing for a mourning dove
4 hunting fee, and penalties.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 1893HH 81
7 av/gg/14
PAG LIN
1 1 Section 1. Section 481A.48, subsection 2, Code 2005, is
1 2 amended to read as follows:
1 3 2. The commission may adopt rules for the taking and
1 4 possession of migratory birds which are subject to the federal
1 5 "Migratory Bird Treaty Act" and or "Migratory Bird Stamp
1 6 Hunting Act" during the time and in the manner permitted under
1 7 those federal Acts, whichever Act is applicable. The
1 8 commission shall not adopt a rule for the taking or possession
1 9 of a migratory bird for which an open season is not authorized
1 10 by another paragraph of this section. However, rules adopted
1 11 by the commission on or after July 1, 2005, under this
1 12 section, that provide for the taking and possession of
1 13 mourning doves shall prohibit the taking of mourning doves
1 14 north of interstate 80.
1 15 Sec. 2. Section 483A.1, subsection 1, Code 2005, is
1 16 amended by adding the following new paragraph:
1 17 NEW PARAGRAPH. u. Mourning dove hunting fee ........ $10.00
1 18 Sec. 3. Section 483A.1, subsection 2, Code 2005, is
1 19 amended by adding the following new paragraph:
1 20 NEW PARAGRAPH. v. Mourning dove hunting fee ........ $10.00
1 21 Sec. 4. NEW SECTION. 483A.6A MOURNING DOVE HUNTING FEE.
1 22 Any person required to have a hunting license shall not
1 23 hunt for or possess a mourning dove unless that person has
1 24 paid the mourning dove hunting fee. The proceeds from the fee
1 25 shall be deposited in the state fish and game protection fund
1 26 and are appropriated to the commission with one=half of the
1 27 proceeds to be used for species development and protection of
1 28 nongame species of animals and one=half of the proceeds to be
1 29 used for species development and protection of game species of
1 30 animals.
1 31 EXPLANATION
1 32 This bill strikes a provision that prohibits the natural
1 33 resource commission from adopting a rule relating to the
1 34 taking and possession of a migratory bird authorized pursuant
1 35 to federal law if an open season for the migratory bird is not
2 1 otherwise authorized in the Code of Iowa. The bill allows the
2 2 natural resource commission to authorize the taking and
2 3 possession of migratory birds as authorized by either the
2 4 federal Migratory Bird Treaty Act or the Migratory Bird Stamp
2 5 Hunting Act except that the commission cannot adopt rules that
2 6 allow the taking of mourning doves north of interstate 80.
2 7 The bill also provides that any person, resident or
2 8 nonresident, who is required to have a hunting license shall
2 9 not hunt for or possess a mourning dove unless that person has
2 10 paid a mourning dove hunting fee of $10. The bill provides
2 11 that the proceeds from the fee shall be deposited in the state
2 12 fish and game protection fund and are appropriated to the
2 13 natural resource commission with one=half of the proceeds to
2 14 be used for species development and protection of nongame
2 15 species of animals and one=half of the proceeds to be used for
2 16 species development and protection of game species of animals.
2 17 A violation of the fee provision is punishable by a
2 18 scheduled fine of $20.
2 19 LSB 1893HH 81
2 20 av:nh/gg/14