Senate File 239 - Introduced
SENATE FILE
BY BLACK
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the exercise of regulatory authority by the
2 department of natural resources and the natural resource
3 commission within the boundaries of the Sac and Fox tribe
4 settlement in Tama county, and providing for applicability and
5 effective dates.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
7 TLSB 2276SS 82
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PAG LIN
1 1 Section 1. Section 481A.38, subsection 3, Code 2007, is
1 2 amended to read as follows:
1 3 3. The department and the commission shall exercise
1 4 regulatory authority regarding seasons, bag limits, possession
1 5 limits, locality, the method of taking, or the taking of fish
1 6 and wildlife by members of the Sac and Fox tribe of the
1 7 Mississippi in Iowa within the boundaries of the Sac and Fox
1 8 tribe settlement in Tama county only to the extent provided in
1 9 a written agreement between the tribal council of the Sac and
1 10 Fox tribe of the Mississippi in Iowa and the department. The
1 11 written agreement shall not be construed to supersede or
1 12 impair the regulatory authority exercised by the commission
1 13 pursuant to the federal Migratory Bird Treaty Act, the federal
1 14 Migratory Bird Stamp Hunting Act, the federal Endangered
1 15 Species Act, or other federal law and shall not be construed
1 16 to supersede or impair the regulatory authority exercised by
1 17 the Sac and Fox tribe of the Mississippi in Iowa pursuant to
1 18 any federal act, statute, or law. The department and the
1 19 commission shall not unreasonably fail to enter into an
1 20 agreement and shall pursue such an agreement in an expedient
1 21 manner. This subsection shall become effective upon signing
1 22 of the written agreement by the director of the department and
1 23 the chairperson of the Sac and Fox tribe of the Mississippi in
1 24 Iowa.
1 25 Sec. 2. EFFECTIVE DATE. This Act, being deemed of
1 26 immediate importance, takes effect upon enactment.
1 27 EXPLANATION
1 28 Code section 481A.38 is amended to provide that the
1 29 department of natural resources and the natural resource
1 30 commission are allowed to exercise regulatory authority over
1 31 fishing and hunting in the Sac and Fox tribe settlement in
1 32 Tama county only to the extent provided in a written agreement
1 33 between the tribal council of the tribe and the department.
1 34 In addition, such a written agreement shall not be construed
1 35 to supersede or impair the regulatory authority exercised by
2 1 the commission pursuant to the federal Migratory Bird Treaty
2 2 Act, the federal Migratory Bird Stamp Hunting Act, the federal
2 3 Endangered Species Act or other federal law, or the regulatory
2 4 authority exercised by the tribe pursuant to any federal act,
2 5 statute, or law.
2 6 The bill shall apply to the exercise of regulatory
2 7 authority by the department and the commission upon the
2 8 signing of such a written agreement by the director of the
2 9 department and the chairperson of the tribe.
2 10 The bill takes effect upon enactment.
2 11 LSB 2276SS 82
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