Senate File 310 - Introduced



                                   SENATE FILE       
                                   BY  COMMITTEE ON NATURAL RESOURCES
                                       AND ENVIRONMENT

                                   (SUCCESSOR TO SSB 1114)



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

                                      A BILL FOR

  1 An Act relating to civil damages payable for unlawful taking of
  2    certain animals and fish.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1396SV 82
  5 av/je/5

PAG LIN



  1  1    Section 1.  Section 481A.130, subsection 1, paragraphs d
  1  2 and e, Code 2007, are amended to read as follows:
  1  3    d.  For each fish, reptile, mussel, or amphibian, fifteen
  1  4 dollars.
  1  5    e.  For each beaver, bobcat, mink, otter, red fox, gray
  1  6 fox, or raccoon, two hundred dollars.
  1  7    Sec. 2.  Section 481A.130, subsection 1, Code 2007, is
  1  8 amended by adding the following new paragraph:
  1  9    NEW PARAGRAPH.  i.  For each fish, reimbursement shall be
  1 10 as follows:
  1 11    (1)  For each fish of a species with an established daily
  1 12 limit greater than twenty=five, fifteen dollars.
  1 13    (2)  For each fish of a species other than paddlefish,
  1 14 muskellunge, largemouth bass, smallmouth bass, walleye,
  1 15 northern pike, channel catfish, flathead catfish, rainbow
  1 16 trout, brown trout, or brook trout, with an established daily
  1 17 limit of twenty=five or less, fifty dollars.
  1 18    (3)  For each paddlefish, five hundred dollars.
  1 19    (4)  For each muskellunge, five hundred dollars plus one
  1 20 hundred dollars for each inch over fifty inches.
  1 21    (5)  For each largemouth bass, fifty dollars plus fifty
  1 22 dollars for each inch over twenty=two inches.
  1 23    (6)  For each smallmouth bass, fifty dollars plus fifty
  1 24 dollars for each inch over twenty inches.
  1 25    (7)  For each walleye, fifty dollars plus fifty dollars for
  1 26 each inch over twenty=eight inches.
  1 27    (8)  For each northern pike, fifty dollars plus fifty
  1 28 dollars for each inch over thirty=four inches.
  1 29    (9)  For each channel catfish, fifty dollars plus fifty
  1 30 dollars for each inch over thirty inches.
  1 31    (10)  For each flathead catfish, fifty dollars plus fifty
  1 32 dollars for each inch over twenty=eight inches.
  1 33    (11)  For each rainbow trout, fifty dollars plus fifty
  1 34 dollars for each inch over eighteen inches.
  1 35    (12)  For each brown trout, fifty dollars plus fifty
  2  1 dollars for each inch over eighteen inches.
  2  2    (13)  For each brook trout, fifty dollars plus fifty
  2  3 dollars for each inch over fifteen inches.
  2  4    Sec. 3.  Section 481A.130, Code 2007, is amended by adding
  2  5 the following new subsection:
  2  6    NEW SUBSECTION.  4.  This section is not applicable to a
  2  7 person who is liable to pay restitution to the department
  2  8 pursuant to section 481A.151 for injury to a wild animal
  2  9 caused by polluting a water of this state.
  2 10                           EXPLANATION
  2 11    This bill relates to the civil damages payable for the
  2 12 unlawful taking of certain animals and fish.
  2 13    The bill raises the fine for illegally taking a bobcat from
  2 14 $50 to $200.
  2 15    The bill changes the method for calculating damages for
  2 16 illegally taking fish.  Presently the damages for taking any
  2 17 fish are $15 per fish.
  2 18    The bill provides that the damages for taking a fish of a
  2 19 species with an established daily limit of greater than 25
  2 20 remains $15 per fish and provides that the damages for taking
  2 21 a fish of a species with an established daily limit of 25 or
  2 22 less is $50, with some exceptions.
  2 23    The exceptions include a paddlefish which is $500, a
  2 24 muskellunge which is $500 plus $100 for each inch over 50
  2 25 inches, and a largemouth bass, smallmouth bass, walleye,
  2 26 northern pike, channel catfish, flathead catfish, rainbow
  2 27 trout, brown trout, and brook trout, which is $50 plus $50 per
  2 28 inch over a specified size, depending on the species of the
  2 29 fish.
  2 30    The bill also specifies that the civil damage provisions
  2 31 contained in the bill are not applicable to a person who is
  2 32 liable to pay restitution pursuant to Code section 481A.151
  2 33 for injuries to wild animals, including fish, caused by
  2 34 polluting a water of this state.
  2 35 LSB 1396SV 82
  3  1 av:nh/je/5