House Study Bill 37 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            NATURAL RESOURCES BILL)


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

                                      A BILL FOR

  1 An Act regulating the administration of drugs to certain
  2    noncaptive vertebrate wildlife and providing a penalty.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1408DP 82
  5 av/je/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  481A.40  USE OF DRUGS ON
  1  2 NONCAPTIVE VERTEBRATE WILDLIFE == PENALTY.
  1  3    1.  For the purposes of this section, "drug" means any
  1  4 chemical substance, other than food, that affects the
  1  5 structure or biological function of any noncaptive vertebrate
  1  6 wildlife species.
  1  7    2.  Except with written authorization from the director or
  1  8 the director's designee or as otherwise provided by law, a
  1  9 person shall not administer any drug to any noncaptive
  1 10 vertebrate wildlife, including but not limited to drugs used
  1 11 for fertility control, disease prevention or treatment,
  1 12 immobilization, or growth stimulation.
  1 13    3.  This section does not prohibit the treatment of sick or
  1 14 injured wildlife by a licensed veterinarian or holder of a
  1 15 wildlife rehabilitation permit.
  1 16    4.  This section shall not be construed to limit employees
  1 17 of agencies of the state, the United States, or local animal
  1 18 control officers in the performance of their official duties
  1 19 related to public health, wildlife management, or wildlife
  1 20 removal.  However, a drug shall not be administered by any
  1 21 person for fertility control or growth stimulation except as
  1 22 provided in subsection 2.
  1 23    5.  An officer of the department may take possession of or
  1 24 dispose of any noncaptive vertebrate wildlife that the officer
  1 25 reasonably believes has been administered drugs in violation
  1 26 of this section.
  1 27    6.  A person who violates this section is guilty of a
  1 28 serious misdemeanor.
  1 29                           EXPLANATION
  1 30    This bill relates to the administration of drugs to certain
  1 31 noncaptive vertebrate wildlife.  For the purposes of the bill,
  1 32 "drug" means any chemical substance, other than food, that
  1 33 affects the structure or biological function of any noncaptive
  1 34 vertebrate wildlife species.
  1 35    The bill prohibits the administration of drugs to any
  2  1 noncaptive vertebrate wildlife for any purpose, including but
  2  2 not limited to fertility control, disease prevention or
  2  3 treatment, immobilization, or growth stimulation, except with
  2  4 written authorization from the department of natural resources
  2  5 or as otherwise provided by law.
  2  6    The bill does not prohibit a licensed veterinarian or
  2  7 holder of a wildlife rehabilitation permit from treating sick
  2  8 or injured wildlife.  The bill also does not prohibit
  2  9 government employees from carrying out their official duties
  2 10 related to public health, wildlife management, or wildlife
  2 11 removal.
  2 12    The bill authorizes an officer of the department to take
  2 13 possession of and dispose of any noncaptive vertebrate
  2 14 wildlife that the officer reasonably believes has been
  2 15 administered drugs in violation of the bill.
  2 16    A person who violates the provisions of the bill is guilty
  2 17 of a serious misdemeanor.  A serious misdemeanor is punishable
  2 18 by confinement for no more than one year and a fine of at
  2 19 least $315 but not more than $1,875.
  2 20 LSB 1408DP 82
  2 21 av:rj/je/5.1