House Study Bill 125
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 relating to various conservation and recreation activities
2 under the purview of the department of natural resources,
3 modifying fees, and making penalties applicable.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1380DP 83
6 av/sc/8
PAG LIN
1 1 Section 1. Section 321G.2, subsection 1, paragraph e, Code
1 2 2009, is amended to read as follows:
1 3 e. Establishment of a program of grants, subgrants, and
1 4 contracts to be administered by the department for the
1 5 development and delivery of certified courses of instruction
1 6 for the safe use and operation of snowmobiles, maintenance,
1 7 and operation of designated snowmobile trails and grooming
1 8 equipment by political subdivisions and incorporated private
1 9 organizations.
1 10 Sec. 2. Section 321G.2, subsection 1, Code 2009, is
1 11 amended by adding the following new paragraphs:
1 12 NEW PARAGRAPH. i. Establishment of a certified education
1 13 course for the operation of snowmobile grooming equipment.
1 14 NEW PARAGRAPH. j. Establishment of a certified education
1 15 course for the safe use and operation of snowmobiles.
1 16 NEW PARAGRAPH. k. Certification of volunteer snowmobile
1 17 education instructors.
1 18 Sec. 3. Section 321G.11, subsection 1, Code 2009, is
1 19 amended by striking the subsection and inserting in lieu
1 20 thereof the following:
1 21 1. The exhaust of every internal combustion engine used in
1 22 any snowmobile shall be effectively muffled by equipment
1 23 constructed and used to muffle all snowmobile noise in a
1 24 reasonable manner in accordance with rules adopted by the
1 25 commission.
1 26 Sec. 4. Section 321G.21, subsection 9, Code 2009, is
1 27 amended to read as follows:
1 28 9. The department commission may adopt rules consistent
1 29 with this chapter establishing minimum requirements for
1 30 dealers. In adopting such rules, the department commission
1 31 shall consider the need to protect persons, property, and the
1 32 environment and to promote uniformity of practices relating to
1 33 the sale and use of snowmobiles. The commission may also
1 34 adopt rules providing for the suspension or revocation of a
1 35 dealer's special registration certificate issued pursuant to
2 1 this section.
2 2 Sec. 5. Section 321G.24, subsection 3, Code 2009, is
2 3 amended to read as follows:
2 4 3. Any person who is required to have a safety certificate
2 5 under this chapter and who has completed a course of
2 6 instruction established under section 321G.2, subsection 1,
2 7 paragraph "e" "j", including the successful passage of an
2 8 examination which includes a written test relating to such
2 9 course of instruction, shall be considered qualified to apply
2 10 for receive a safety certificate. The commission may waive
2 11 the requirement of completing such course of instruction if
2 12 such person successfully passes a written test based on such
2 13 course of instruction.
2 14 Sec. 6. Section 321I.1, subsection 1, paragraph c, Code
2 15 2009, is amended by striking the paragraph.
2 16 Sec. 7. Section 321I.1, subsection 16, Code 2009, is
2 17 amended to read as follows:
2 18 16. a. "Off=road utility vehicle" means a motorized
2 19 flotation=tire vehicle with not less than four and not more
2 20 than six eight low=pressure tires that is limited in engine
2 21 displacement to less than one thousand five hundred cubic
2 22 centimeters and in total dry weight to not more than one
2 23 thousand eight hundred pounds and that has a seat that is of
2 24 bucket or bench design, not intended to be straddled by the
2 25 operator, and a steering wheel or control levers for control.
2 26 b. An owner of an off=road utility vehicle may register or
2 27 title an off=road utility vehicle in order to legally operate
2 28 the off=road vehicle on public ice, a designated riding area,
2 29 or a designated riding trail. The operator of an off=road
2 30 utility vehicle is subject to provisions governing the
2 31 operation of all=terrain vehicles in section 321.234A and this
2 32 chapter, but is exempt from the safety instruction and
2 33 certification program requirements of sections 321I.25 and
2 34 321I.26. An operator of an off=road utility vehicle shall not
2 35 operate the vehicle on a designated riding area or designated
3 1 riding trail unless the department has posted signage
3 2 indicating the riding area or trail is open to the operation
3 3 of off=road utility vehicles. Off=road utility vehicles are
3 4 exempt from the dealer registration and titling requirements
3 5 of this chapter. A motorized vehicle that was previously
3 6 titled or is currently titled under chapter 321 shall not be
3 7 registered or operated as an off=road utility vehicle.
3 8 Sec. 8. Section 321I.2, subsection 1, paragraph e, Code
3 9 2009, is amended to read as follows:
3 10 e. Establishment of a program of grants, subgrants, and
3 11 contracts to be administered by the department for the
3 12 development and delivery of certified courses of instruction
3 13 for the safe use and operation of all=terrain vehicles,
3 14 maintenance, and operation of designated all=terrain vehicle
3 15 riding areas and trails by political subdivisions and
3 16 incorporated private organizations.
3 17 Sec. 9. Section 321I.2, subsection 1, paragraph i, Code
3 18 2009, is amended by striking the paragraph and inserting in
3 19 lieu thereof the following:
3 20 i. Establishment of a certified education course for the
3 21 safe use and operation of all=terrain vehicles.
3 22 Sec. 10. Section 321I.2, subsection 1, Code 2009, is
3 23 amended by adding the following new paragraph:
3 24 NEW PARAGRAPH. j. Certification of volunteer all=terrain
3 25 vehicle education instructors.
3 26 Sec. 11. Section 321I.22, subsection 9, Code 2009, is
3 27 amended to read as follows:
3 28 9. The department commission may adopt rules consistent
3 29 with this chapter establishing minimum requirements for
3 30 dealers. In adopting such rules, the department shall
3 31 consider the need to protect persons, property, and the
3 32 environment and to promote uniformity of practices relating to
3 33 the sale and use of all=terrain vehicles. The commission may
3 34 also adopt rules providing for the suspension or revocation of
3 35 a dealer's special registration certificate issued pursuant to
4 1 this section.
4 2 Sec. 12. Section 321I.26, subsection 3, Code 2009, is
4 3 amended to read as follows:
4 4 3. Any person who is required to have a safety certificate
4 5 under this chapter and who has completed a course of
4 6 instruction established under section 321I.2, subsection 1,
4 7 paragraph "e" "i", including the successful passage of an
4 8 examination which includes either a written test relating to
4 9 such course of instruction or the demonstration of adequate
4 10 riding skills, shall be considered qualified to apply for
4 11 receive a safety certificate. The commission may waive the
4 12 requirement of completing such course of instruction if such
4 13 person successfully passes a written test based on such course
4 14 of instruction.
4 15 Sec. 13. Section 481A.122, Code 2009, is amended by adding
4 16 the following new subsection:
4 17 NEW SUBSECTION. 3. This section is not applicable to a
4 18 person who is legally hunting with a raptor.
4 19 Sec. 14. Section 481A.130, subsection 1, paragraphs d and
4 20 e, Code 2009, are amended to read as follows:
4 21 d. For each fish, reptile, mussel, or amphibian, fifteen
4 22 dollars.
4 23 e. For each beaver, bobcat, mink, otter, red fox, gray
4 24 fox, or raccoon, two hundred dollars.
4 25 Sec. 15. Section 481A.130, subsection 1, Code 2009, is
4 26 amended by adding the following new paragraph:
4 27 NEW PARAGRAPH. i. For each fish, reimbursement shall be
4 28 as follows:
4 29 (1) For each fish of a species other than shovelnose
4 30 sturgeon, with an established daily limit greater than
4 31 twenty=five, fifteen dollars.
4 32 (2) For each fish of a species other than paddlefish and
4 33 muskellunge, with an established daily limit of twenty=five or
4 34 less, fifty dollars.
4 35 (3) For each shovelnose sturgeon, paddlefish, and
5 1 muskellunge, one thousand dollars.
5 2 Sec. 16. Section 481A.130, Code 2009, is amended by adding
5 3 the following new subsection:
5 4 NEW SUBSECTION. 4. This section does not apply to a
5 5 person who is liable to pay restitution to the department
5 6 pursuant to section 481A.151 for injury to a wild animal
5 7 caused by polluting a water of this state in violation of
5 8 state law.
5 9 Sec. 17. Section 481C.2A, subsection 1, paragraph d, Code
5 10 2009, is amended to read as follows:
5 11 d. A producer who enters into a depredation agreement with
5 12 the department of natural resources shall be issued a set of
5 13 authorization numbers. Each authorization number authorizes a
5 14 resident hunter to obtain a depredation license that is valid
5 15 only for taking antlerless deer on the land designated in the
5 16 producer's depredation plan. A producer may transfer an
5 17 authorization number issued to that producer to a resident
5 18 hunter who has permission to hunt on the land for which the
5 19 authorization number is valid. An authorization number shall
5 20 be valid to obtain a depredation license in any season. The
5 21 provisions of this paragraph shall be implemented by August
5 22 15, 2008. A transferee who receives an authorization number
5 23 pursuant to this paragraph "d" shall be otherwise qualified to
5 24 hunt deer in this state, have a hunting license, pay the
5 25 wildlife habitat fee, and pay the one dollar a fee of one
5 26 dollar and fifty cents for the purpose of the deer herd
5 27 population management program.
5 28 Sec. 18. Section 482.1, Code 2009, is amended to read as
5 29 follows:
5 30 482.1 AUTHORITY OF THE COMMISSION.
5 31 1. The natural resource commission shall observe,
5 32 administer, and enforce this chapter. The natural resource
5 33 commission may adopt and enforce rules under chapter 17A as
5 34 necessary to carry out this chapter.
5 35 2. The natural resource commission may:
6 1 1. a. Remove or cause to be removed from the waters of the
6 2 state any aquatic species that in the judgment of the
6 3 commission is an underused renewable resource or has a
6 4 detrimental effect on other aquatic populations. All proceeds
6 5 from a sale of these aquatic organisms shall be credited to
6 6 the state fish and game protection fund.
6 7 2. b. Issue to any person a permit or license authorizing
6 8 that person to take, possess, and sell underused, undesirable,
6 9 or injurious aquatic organisms from the waters of the state.
6 10 The person receiving a permit or license shall comply with the
6 11 applicable provisions of this chapter.
6 12 3. c. Authorize the director to enter into written
6 13 contracts for the removal of underused, undesirable, or
6 14 injurious organisms from the waters of the state. The
6 15 contracts shall specify all terms and conditions desired.
6 16 Sections 482.4, 482.6, and 482.14 do not apply to these
6 17 contracts.
6 18 4. d. Prohibit, restrict, or regulate commercial fishing,
6 19 commercial turtle fishing, and commercial mussel bait fishing
6 20 in any waters of the state.
6 21 5. e. Revoke the license of a licensee and the licensee's
6 22 designated operators for up to one year if the licensee or any
6 23 designated operator has been convicted of a violation of
6 24 chapter 481A, 482, or 483A. A licensee shall not continue
6 25 commercial fishing while a license issued by the natural
6 26 resource commission is under revocation or suspension.
6 27 6. f. Regulate the numbers of commercial fishers, and
6 28 commercial turtle fishers, and commercial mussel fishers and
6 29 the amount, type, seasonal use, mesh size, construction and
6 30 design, manner of use, and other criteria relating to the use
6 31 of commercial gear for any body of water or part thereof.
6 32 7. g. Establish catch quotas, seasons, size limits, and
6 33 other regulations for any species of commercial fish, or
6 34 turtles, or mussels for any body of water or part thereof.
6 35 8. h. Designate by listing species as commercial fish, or
7 1 turtles, or mussels.
7 2 9. i. Designate any body of water or its part as protected
7 3 habitat and restrict, prohibit, or otherwise regulate the
7 4 taking of commercial fish, and turtles, and mussels in
7 5 protected habitat areas.
7 6 3. Employees of the commission department may lift and
7 7 inspect any commercial gear at any time when being used and
7 8 may inspect commercial catches, commercial markets, and
7 9 landings, and examine catch sale and purchase records of
7 10 commercial fishers, commercial turtle fishers, and commercial
7 11 mussel fishers roe harvesters, commercial fish buyers,
7 12 commercial turtle buyers, and commercial roe buyers upon
7 13 demand.
7 14 4. Officers Employees of the commission department may
7 15 seize and retain as evidence any illegal fish, or turtles, or
7 16 mussels, or any illegal commercial gear, or any other personal
7 17 property used in violation of any provision of the Code, and
7 18 may confiscate any untagged or illegal commercial gear as
7 19 contraband.
7 20 Sec. 19. Section 482.2, Code 2009, is amended to read as
7 21 follows:
7 22 482.2 DEFINITIONS.
7 23 As used in this chapter, unless the context otherwise
7 24 requires:
7 25 1. "Boundary waters" means the waters of the Mississippi,
7 26 Missouri, and Big Sioux rivers.
7 27 2. "Commercial fish buyer" means a person who is licensed
7 28 by the state to engage in the business of buying, selling,
7 29 bartering, or trading fish, roe or roe species, or fish parts
7 30 from a commercial fisher.
7 31 3. "Commercial fish helper" means a person who is licensed
7 32 by the state to assist a commercial fisher in operating
7 33 commercial gear or in taking, attempting to take, possessing,
7 34 processing, or transporting commercial fish or turtles.
7 35 2. 4. "Commercial fisher" means a person who is licensed
8 1 by the state to take and sell fish from waters of the state,
8 2 attempt to take, possess, process, transport, sell, barter, or
8 3 trade commercial fish, roe or roe species, or fish parts, or
8 4 turtles, turtle eggs, or turtle parts.
8 5 3. 5. "Commercial fishing" means taking, attempting to
8 6 take, possessing, processing, or transporting of commercial
8 7 fish or turtles for the purpose of selling, bartering,
8 8 exchanging trading, offering, or exposing for sale.
8 9 4. 6. "Commercial gear" means the capturing equipment used
8 10 by commercial fishers, and commercial turtle fishers, and
8 11 commercial mussel fishers.
8 12 5. "Commercial mussel fisher" means a person who is
8 13 licensed to take and sell freshwater mussels from waters of
8 14 the state. A resident commercial mussel license holder must
8 15 have resided in this state for one year preceding the person's
8 16 application for a commercial mussel fishing license.
8 17 6. "Commercial mussel fishing" means taking, attempting to
8 18 take, or transporting of freshwater mussels for the purpose of
8 19 selling, bartering, exchanging, offering, or exposing for
8 20 sale.
8 21 7. "Commercial roe buyer" means a person who is licensed
8 22 by the state to engage in the business of buying, selling,
8 23 bartering, or trading of roe and roe species.
8 24 8. "Commercial roe harvester" means a person who is
8 25 licensed by the state to engage in the harvest and sale,
8 26 barter, or trade of roe and roe species.
8 27 7. 9. "Commercial species" means species of fish, and
8 28 turtles, and freshwater mussels which may be lawfully taken
8 29 and sold by commercial fishers, and commercial turtle fishers,
8 30 and commercial mussel fishers, as established by rule by the
8 31 commission.
8 32 10. "Commercial turtle buyer" means a person who is
8 33 licensed by the state to engage in the business of buying,
8 34 selling, bartering, or trading commercial turtles, turtle
8 35 eggs, or turtle parts.
9 1 8. 11. "Commercial turtle fisher" means a person who is
9 2 licensed by the state to take, attempt to take, possess,
9 3 process, transport, and sell, barter, or trade commercial
9 4 turtles from the waters of the state, turtle eggs, or turtle
9 5 parts.
9 6 9. 12. "Commercial turtle fishing" means taking,
9 7 attempting to take, possessing, processing, or transporting of
9 8 commercial turtles, turtle eggs, or turtle parts for the
9 9 purpose of selling, bartering, exchanging trading, offering,
9 10 or exposing for sale.
9 11 13. "Commercial turtle helper" means a person who is
9 12 licensed by the state to assist a commercial turtle fisher in
9 13 operating commercial gear, or in taking, attempting to take,
9 14 possessing, processing, or transporting commercial turtles,
9 15 turtle eggs, or turtle parts.
9 16 10. 14. "Constant attendance" means the presence of a
9 17 commercial fisher or a designated operator whenever commercial
9 18 gear is in use.
9 19 11. 15. "Director" means the director of the department of
9 20 natural resources, and the director's duly authorized
9 21 assistants, deputies, or agents.
9 22 12. 16. "Game fish" means all species and size categories
9 23 of fish not included as "commercial species" or minnows.
9 24 13. 17. "Inland waters of the state" means all public
9 25 waters of the state excluding the boundary waters of the
9 26 Mississippi, Big Sioux, and Missouri rivers.
9 27 14. 18. "Licensed commercial gear" means any commercial
9 28 gear that is licensed as provided in this chapter and that,
9 29 when in use, has attached the proper tags attached as provided
9 30 by this chapter.
9 31 15. 19. "Nonresident or alien" means a person who does not
9 32 qualify as a resident of the state of Iowa either because of a
9 33 bona fide residence in another state or because of citizenship
9 34 of a country other than the United States. However, "alien"
9 35 does not include a person who has applied for naturalization
10 1 papers.
10 2 16. 20. "Resident" means a person who is legally subject
10 3 to motor vehicle registration and driver's license laws of
10 4 this state, or who is qualified to vote in an election of this
10 5 state as defined in section 483A.1A.
10 6 21. "Roe" means fish eggs.
10 7 22. "Roe species" means fish harvested for their eggs.
10 8 Roe species include but are not limited to shovelnose sturgeon
10 9 and bowfin and any other fish defined as roe species by the
10 10 commission by rule.
10 11 17. 23. "Waters of the state" means all of the waters
10 12 under the jurisdiction of the state.
10 13 Sec. 20. Section 482.4, Code 2009, is amended to read as
10 14 follows:
10 15 482.4 COMMERCIAL LICENSES AND GEAR TAGS.
10 16 1. A person shall not use or operate commercial gear
10 17 unless at least one individual at the site where the
10 18 commercial gear is being operated possesses an appropriate
10 19 valid commercial license, or a designated operator's license.
10 20 A commercial license is valid from the date of issue to
10 21 January 10 of the succeeding calendar year.
10 22 2. A commercial fisher may designate a person as a
10 23 designated operator to lift and to fish with any licensed
10 24 commercial fishing gear owned by the commercial fisher. A
10 25 commercial fisher shall not have more than five designated
10 26 operators. A designated operator's license shall be assigned
10 27 to not more than three operators during a year and a
10 28 designated operator's license shall be valid for use only by
10 29 an operator who possesses the license and has signed the
10 30 license. The signature of any preceding designated operator
10 31 who possessed the license shall be crossed out. A designated
10 32 operator shall not lift or fish any commercial fishing gear
10 33 without possessing a designated operator's license which is
10 34 signed by the operator. A designated operator's license which
10 35 is not signed by the operator in possession of the license is
11 1 forfeited to the state. Only residents of those states that
11 2 allow Iowa residents to purchase a nonresident commercial
11 3 fishing license are eligible to purchase a nonresident
11 4 commercial fishing license in this state.
11 5 3. A boundary water annual sport trotline license permits
11 6 the licensee to use a maximum of four trotlines with two
11 7 hundred hooks in the aggregate. All boundary water sport
11 8 trotlines shall be tagged with the name and address of the
11 9 licensee on a metal tag affixed above the waterline. A
11 10 commercial fisher who harvests shovelnose sturgeon and bowfin
11 11 species shall possess a valid commercial fishing license and a
11 12 valid commercial roe harvester license.
11 13 4. A commercial roe harvester shall submit monthly harvest
11 14 reports to the department during the harvest season. A
11 15 commercial roe harvester shall sell roe only to a commercial
11 16 roe buyer. A commercial roe harvester shall not possess roe
11 17 more than five days after the conclusion of the harvest season
11 18 without possessing a commercial roe buyer's license.
11 19 5. A commercial roe buyer shall submit a monthly roe
11 20 purchase report to the department.
11 21 4. 6. Commercial fishers and commercial turtle fishers
11 22 shall purchase gear tags from the commission to be affixed to
11 23 each piece of gear in use. Notwithstanding the fee rates for
11 24 gear tags of under subsection 7 9, the minimum fee for a gear
11 25 tag is five dollars. All tags are valid for ten years from
11 26 the date of issue. In addition to the gear tags, all gear
11 27 shall be tagged with a metal weather=resistant tag showing the
11 28 name and address of the licensee and whether the gear is fish
11 29 or turtle gear.
11 30 5. 7. All numbered fish gear tags are interchangeable
11 31 among the different types of commercial fishing gear.
11 32 6. 8. Annual license fees are as follows:
11 33 a. Commercial fish buyer, resident $ 200.00
11 34 b. Commercial fish buyer, nonresident $ 400.00
11 35 a. c. Commercial fishing fisher, resident $ 200.00
12 1 b. d. Commercial fishing fisher, nonresident $ 400.00
12 2 c. e. Designated operator Commercial fish
12 3 helper, resident $ 50.00
12 4 d. f. Designated operator Commercial fish
12 5 helper, nonresident $ 100.00
12 6 g. Commercial roe buyer, resident $ 250.00
12 7 h. Commercial roe buyer, nonresident $ 500.00
12 8 i. Commercial roe harvester, resident $ 50.00
12 9 j. Commercial roe harvester, nonresident $3,500.00
12 10 k. Commercial turtle buyer, resident $ 200.00
12 11 l. Commercial turtle buyer, nonresident $ 400.00
12 12 e. m. Commercial turtle fisher, resident $ 50.00
12 13 100.00
12 14 f. n. Commercial turtle fisher, nonresident $ 100.00
12 15 400.00
12 16 g. o. Commercial mussel fisher turtle helper,
12 17 resident $ 100.00
12 18 50.00
12 19 h. p. Commercial mussel buyer, resident $1,000.00
12 20 turtle helper, nonresident 100.00
12 21 i. Commercial mussel buyer, nonresident $5,000.00
12 22 j. Boundary water sport trotline, resident $ 10.00
12 23 k. Boundary water sport trotline, nonresident $ 20.00
12 24 l. Commercial mussel fisher, nonresident $2,500.00
12 25 m. Commercial mussel helper, resident $ 50.00
12 26 n. Commercial mussel helper, nonresident $ 200.00
12 27 7. 9. Commercial fish gear tags are required on the
12 28 following units of commercial fishing gear at the listed fee:
12 29 a. Seine, resident, one gear tag for each
12 30 100 feet or fraction thereof $ 1.00
12 31 b. Seine, nonresident, one gear tag for
12 32 each 100 feet or fraction thereof $ 2.00
12 33 c. Trammel net, resident, one gear tag
12 34 for each 100 feet or fraction thereof $ 1.00
12 35 d. Trammel net, nonresident, one gear
13 1 tag for each 100 feet or fraction thereof $ 2.00
13 2 e. Gill net, resident, one gear tag for
13 3 each 100 feet or fraction thereof $ 1.00
13 4 f. Gill net, nonresident, one gear tag
13 5 for each 100 feet or fraction thereof $ 2.00
13 6 g. Entrapment nets, resident, one
13 7 gear tag per net $ 1.00
13 8 h. Entrapment nets, nonresident, one
13 9 gear tag per net $ 2.00
13 10 i. Commercial trotline, resident, one
13 11 gear tag for each 50 hooks or less $ 1.00
13 12 j. Commercial trotline, nonresident,
13 13 one gear tag for each 50 hooks or less $ 2.00
13 14 8. 10. Turtle trap gear tags are not interchangeable with
13 15 other commercial gear. Turtle trap gear tag fees are as
13 16 follows:
13 17 a. Commercial turtle trap, resident,
13 18 one gear tag per trap $ 1.00
13 19 b. Commercial turtle trap, nonresident,
13 20 one gear tag per trap $ 2.00
13 21 Sec. 21. Section 482.5, Code 2009, is amended to read as
13 22 follows:
13 23 482.5 COMMERCIAL GEAR.
13 24 It is lawful for a person who is legally licensed to
13 25 harvest commercial fish or commercial turtles to use the
13 26 commercial fishing gear of a design, construction, size,
13 27 season, and all other criteria established by the commission
13 28 for taking those species of fish and turtles designated by the
13 29 commission by rule.
13 30 Sec. 22. Section 482.7, Code 2009, is amended to read as
13 31 follows:
13 32 482.7 GEAR ATTENDANCE.
13 33 1. The A commercial fisher or commercial turtle fisher
13 34 licensee or a designated operator must be present when lifting
13 35 commercial gear is operated. A commercial fish helper or
14 1 commercial turtle helper shall not operate commercial gear
14 2 except under the direct supervision of a commercial fisher or
14 3 commercial turtle fisher. A nonresident commercial turtle
14 4 helper is licensed only to assist a licensed resident or
14 5 nonresident commercial turtle fisher. Commercial gear shall
14 6 be lifted and emptied of catch as provided by the rules of the
14 7 commission. Constant attendance by the licensee or a
14 8 designated operator commercial fisher or commercial turtle
14 9 fisher of seines, trammel nets, and gill nets is required when
14 10 the gear is fished by driving, drive=seining, seining,
14 11 floating, or drifting methods. Officers of the commission
14 12 shall may grant a reasonable extension of gear attendance
14 13 intervals in cases of inclement weather or unsafe conditions
14 14 only upon the request of a commercial fisher or commercial
14 15 turtle fisher specifying why such an extension is necessary.
14 16 2. For the purposes of this section, "direct supervision"
14 17 means that a commercial fisher or commercial turtle fisher
14 18 must be in the same boat, within hand=signal distance, or
14 19 within vocal communication distance, without the help of any
14 20 electronic or amplifying device, of the commercial fish helper
14 21 or commercial turtle helper being supervised.
14 22 Sec. 23. Section 482.8, subsection 1, Code 2009, is
14 23 amended to read as follows:
14 24 1. It is lawful for licensed commercial fishers,
14 25 designated operators, and commercial turtle fishers, and
14 26 licensed sport trotline fishers to pursue, take, possess,
14 27 process, and transport any commercial fish or their parts,
14 28 bait fish, turtles, frogs, salamanders, leeches, crayfish, or
14 29 any other aquatic invertebrates for bait unless otherwise
14 30 prohibited by law.
14 31 Sec. 24. Section 482.9, subsection 4, Code 2009, is
14 32 amended to read as follows:
14 33 4. For a person to lift or to fish licensed commercial
14 34 gear of another person, except by the licensee and the
14 35 licensee's designated operators.
15 1 Sec. 25. Section 482.10, Code 2009, is amended to read as
15 2 follows:
15 3 482.10 SALE OF COMMERCIAL COMMERCIAL FISH.
15 4 1. A person possessing a All persons who commercially
15 5 take, attempt to take, possess, process, transport, sell,
15 6 barter, trade, or buy commercial fish or their parts shall
15 7 possess an appropriate, valid commercial fishing license or
15 8 designated operator's license may possess and sell any
15 9 commercial fish, turtles, or freshwater mussels, or their
15 10 parts, which have been lawfully taken. This subsection does
15 11 not apply to an individual who buys commercial fish or their
15 12 parts from a commercial fisher for personal consumption.
15 13 a. A commercial fisher license is required to operate
15 14 commercial fishing gear and to take, attempt to take, possess,
15 15 process, transport, or sell any commercial fish, commercial
15 16 turtles, turtle eggs, or turtle parts.
15 17 b. A commercial fish helper license is required to assist
15 18 a commercial fisher in operating commercial fishing gear and
15 19 in taking, attempting to take, possessing, processing, or
15 20 transporting commercial fish, commercial turtles, turtle eggs,
15 21 or turtle parts. A commercial fish helper is not permitted to
15 22 buy, sell, barter, or trade commercial fish, commercial
15 23 turtles, turtle eggs, or turtle parts. A commercial fish
15 24 helper license is not required for a person under sixteen
15 25 years of age to assist a commercial fisher as provided in this
15 26 paragraph "b".
15 27 c. A commercial fish buyer license is required to buy,
15 28 sell, barter, or trade fish, roe or roe species, or fish
15 29 parts. This paragraph does not apply to restaurants; licensed
15 30 premises where alcoholic beverages, wine, or beer are sold or
15 31 consumed under authority of a liquor control license, wine
15 32 permit, or beer permit; and public benefit corporations exempt
15 33 from federal income taxation under section 501 of the Internal
15 34 Revenue Code, or any successor section, that buy commercial
15 35 fish or fish parts for retail sale and human consumption on
16 1 their premises.
16 2 d. A commercial roe harvester license is required to
16 3 harvest, possess, process, transport, or sell roe or roe
16 4 species or their parts. A commercial roe harvester is not
16 5 permitted to buy, barter, or trade roe or roe species or
16 6 turtle parts unless in possession of a valid roe buyer
16 7 license.
16 8 e. A commercial roe buyer license is required to buy,
16 9 sell, barter, or trade roe or roe species. This paragraph
16 10 does not apply to restaurants; licensed premises where
16 11 alcoholic beverages, wine, or beer are sold or consumed under
16 12 authority of a liquor control license, wine permit, or beer
16 13 permit; and public benefit corporations exempt from federal
16 14 income taxation under section 501 of the Internal Revenue
16 15 Code, or any successor section, that buy roe or roe species
16 16 for retail sale and human consumption on their premises or to
16 17 an individual who buys roe or roe species from a commercial
16 18 roe harvester for personal consumption.
16 19 2. All intrastate and interstate shipments of commercial
16 20 fish, or turtles, or roe or roe species, must be accompanied
16 21 by a label which shows the name and address of the seller and
16 22 the kinds and pounds of the catches being sold. Individuals
16 23 purchasing fish, turtles, or mussels from a commercial fisher,
16 24 turtle fisher, or mussel fisher need not possess a license.
16 25 Sec. 26. Section 482.11, subsections 1 and 3, Code 2009,
16 26 are amended to read as follows:
16 27 1. A person shall not All persons who commercially take,
16 28 attempt to take, possess, process, transport, or sell turtles,
16 29 turtle eggs from the waters of the state without, or turtle
16 30 parts shall possess an appropriate, valid commercial license.
16 31 This subsection does not apply to an individual who buys
16 32 turtles, turtle eggs, or turtle parts from a commercial fisher
16 33 or a commercial turtle fisher for personal consumption.
16 34 a. A valid sport fishing license entitles a person
16 35 commercial turtle fisher license is required to operate
17 1 commercial turtle fishing gear and to take and, attempt to
17 2 take, possess a maximum of one hundred pounds of live turtles
17 3 or fifty pounds of dressed turtles, process, transport, sell,
17 4 barter, or trade commercial turtles, turtle eggs, or turtle
17 5 parts. Nonresident commercial turtle fishers shall harvest
17 6 commercial turtles only from the boundary waters. The sale of
17 7 live or dressed turtles is not permitted with a sport fishing
17 8 license.
17 9 b. A commercial turtle helper license is required to take
17 10 and possess more than one hundred pounds of live or fifty
17 11 pounds of dressed turtles. The holder of assist a commercial
17 12 turtle license may sell live or dressed turtles fisher in
17 13 operating commercial turtle fishing gear, and in taking,
17 14 attempting to take, possessing, processing, or transporting
17 15 commercial turtles, turtle eggs, or turtle parts. A
17 16 commercial turtle helper is not permitted to buy, sell,
17 17 barter, or trade commercial turtles, turtle eggs, or turtle
17 18 parts. A commercial turtle helper license is not required for
17 19 a person under sixteen years of age to assist a commercial
17 20 turtle fisher as provided in this paragraph "b".
17 21 c. A commercial turtle buyer license is required to engage
17 22 in the business of buying, selling, bartering, or trading
17 23 commercial turtles, turtle eggs, or turtle parts. This
17 24 provision does not apply to restaurants; licensed premises
17 25 where alcoholic beverages, wine, or beer are sold or consumed
17 26 under authority of a liquor control license, wine permit, or
17 27 beer permit; and public benefit corporations exempt from
17 28 federal income taxation under section 501 of the Internal
17 29 Revenue Code, or any successor section, that buy commercial
17 30 turtles, turtle eggs, or turtle parts for retail sale and
17 31 human consumption on their premises.
17 32 c. d. A commercial fishing fisher license or a designated
17 33 operator's license entitles commercial fishers to operate any
17 34 licensed commercial fishing gear for taking, possessing, or
17 35 selling and to take, attempt to take, possess, process, and
18 1 sell, barter, or trade turtles, turtle eggs, or turtle parts,
18 2 taken with such commercial fishing gear.
18 3 d. An individual possessing a valid commercial turtle
18 4 license may have the assistance of one unlicensed individual
18 5 in the commercial taking of turtles.
18 6 3. The method of taking turtles shall only be by hand,
18 7 hook=and=line, turtle hook, turtle trap, licensed commercial
18 8 fishing gear, or other means designated by commission rules.
18 9 Sport fishers may also use hook=and=line in catching turtles.
18 10 Sec. 27. Section 482.11, subsection 4, Code 2009, is
18 11 amended by striking the subsection.
18 12 Sec. 28. Section 482.12, subsection 1, Code 2009, is
18 13 amended by striking the subsection and inserting in lieu
18 14 thereof the following:
18 15 1. A commercial fisher licensee or commercial fish helper
18 16 licensee is permitted to take or possess up to twenty=four
18 17 whole freshwater mussels or forty=eight mussel shell halves.
18 18 A commercial fisher licensee or commercial fish helper
18 19 licensee is not permitted to buy, sell, barter, or trade
18 20 freshwater mussels or mussel shells. Only mussels designated
18 21 by the department, by rule, as a legal bait species, may be
18 22 taken or possessed pursuant to this subsection.
18 23 Sec. 29. Section 482.14, Code 2009, is amended to read as
18 24 follows:
18 25 482.14 REPORTS AND RECORDS REQUIRED == INSPECTIONS.
18 26 1. All commercial fishers, commercial turtle fishers,
18 27 commercial mussel fishers roe harvesters, and commercial
18 28 mussel roe buyers shall submit a monthly report supplying all
18 29 information requested on forms furnished by the commission.
18 30 Reports must be received by the commission no later than the
18 31 fifteenth day of the following month.
18 32 2. Commercial fish buyers and commercial turtle buyers
18 33 shall maintain accurate records of all transactions. The
18 34 records shall contain the number, weight, and species of fish
18 35 or turtles purchased, the name and address of the seller, and
19 1 the county or pools where the fish or turtles were taken. The
19 2 records shall be updated monthly. Such records shall be
19 3 available for examination by employees of the department upon
19 4 request.
19 5 3. Commercial roe buyers shall utilize a receipt with at
19 6 least two parts, with one original and at least one copy of
19 7 each receipt, for each purchase of commercial roe species and
19 8 roe. The original of the receipt shall be kept by the
19 9 commercial roe buyer and a copy of the receipt shall be given
19 10 to the commercial roe harvester selling the commercial roe
19 11 species or roe. Commercial roe buyers and commercial roe
19 12 harvesters shall retain such receipts for five years following
19 13 the date of the transaction.
19 14 4. Facilities and records of commercial fish buyers,
19 15 commercial turtle buyers, commercial roe harvesters, and
19 16 commercial roe buyers shall be open at all reasonable times
19 17 for inspection by any conservation officer.
19 18 Sec. 30. Section 483A.1, Code 2009, is amended to read as
19 19 follows:
19 20 483A.1 LICENSES == FEES.
19 21 1. Except as otherwise provided in this chapter, a person
19 22 resident shall not fish, trap, hunt, pursue, catch, kill, take
19 23 in any manner, use, have possession of, sell, or transport all
19 24 or a part of any wild animal, bird, game, or fish, the
19 25 protection and regulation of which is desirable for the
19 26 conservation of resources of the state, without first
19 27 obtaining a license for that purpose and the payment of a fee
19 28 as follows:
19 29 1. Residents:
19 30 a. Fishing license $ 17.00
19 31 23.50
19 32 b. Fishing license, lifetime, sixty=five
19 33 years or older $ 50.50
19 34 c. Hunting license $ 17.00
19 35 23.50
20 1 d. Hunting license, lifetime, sixty=five
20 2 years or older $ 50.50
20 3 e. Deer hunting license, antlered or any
20 4 sex deer $ 25.50
20 5 35.50
20 6 f. Deer hunting license, anterless deer only $ 15.00
20 7 f. g. Wild turkey hunting license $ 22.50
20 8 27.50
20 9 g. h. Fur harvester license, sixteen years
20 10 or older $ 20.50
20 11 36.00
20 12 h. i. Fur harvester license, under sixteen
20 13 years of age $ 5.50
20 14 i. j. Fur dealer license $ 225.50
20 15 j. k. Aquaculture unit license $ 25.50
20 16 k. l. Retail bait dealer license $ 30.50
20 17 l. m. Fishing license, seven=day $ 11.50
20 18 15.00
20 19 m. n. Trout fishing fee $ 10.50
20 20 13.00
20 21 n. o. Game breeder license $ 15.50
20 22 o. p. Taxidermy license $ 15.50
20 23 p. q. Falconry license $ 20.50
20 24 q. r. Wildlife habitat fee $ 11.00
20 25 13.50
20 26 r. s. Migratory game bird fee $ 8.00
20 27 11.50
20 28 s. t. Fishing license, one=day $ 7.50
20 29 8.00
20 30 t. u. Wholesale bait dealer license $ 125.00
20 31 v. Boundary waters sport trotline license,
20 32 annual $ 20.50
20 33 2. Nonresidents: Except as otherwise provided in this
20 34 chapter, a nonresident shall not fish, trap, hunt, pursue,
20 35 catch, kill, take in any manner, use, have possession of,
21 1 sell, or transport all or a part of any wild animal, bird,
21 2 game, or fish, the protection and regulation of which is
21 3 desirable for the conservation of resources of the state,
21 4 without first obtaining a license for that purpose and the
21 5 payment of a fee as follows:
21 6 a. Fishing license, annual $ 39.00
21 7 49.50
21 8 b. Fishing license, seven=day $ 30.00
21 9 35.50
21 10 c. Hunting license, eighteen years of
21 11 age or older $ 80.00
21 12 110.00
21 13 d. Hunting license, under eighteen
21 14 years of age $ 30.00
21 15 e. Deer hunting license, antlered or
21 16 any sex deer $ 220.00
21 17 295.00
21 18 f. Preference point issued under section
21 19 483A.7, subsection 3, paragraph "b", or section
21 20 483A.8, subsection 3, paragraph "e" $ 50.00
21 21 f. g. Deer hunting license, antlerless
21 22 deer only, required with the purchase
21 23 of an antlered or any sex deer hunting
21 24 license $ 100.00
21 25 125.00
21 26 g. h. Deer hunting license, antlerless
21 27 deer only $ 150.00
21 28 200.00
21 29 i. Holiday deer hunting license issued
21 30 under section 483A.8, subsection 6, antlerless
21 31 deer only $ 75.00
21 32 h. j. Wild turkey hunting license $ 100.00
21 33 125.00
21 34 i. k. Fur harvester license $ 200.00
21 35 275.00
22 1 j. l. Fur dealer license $ 501.00
22 2 k. m. Location permit for fur dealers $ 56.00
22 3 l. n. Aquaculture unit license $ 56.00
22 4 m. o. Retail bait dealer license $ 125.00
22 5 or the amount for the same type of
22 6 license in the nonresident's state,
22 7 whichever is greater
22 8 n. p. Trout fishing fee $ 13.00
22 9 17.50
22 10 o. q. Game breeder license $ 26.00
22 11 p. r. Taxidermy license $ 26.00
22 12 q. s. Falconry license $ 26.00
22 13 r. t. Wildlife habitat fee $ 11.00
22 14 13.50
22 15 s. u. Migratory game bird fee $ 8.00
22 16 11.50
22 17 t. v. Fishing license, three=day $ 15.50
22 18 21.00
22 19 u. w. Wholesale bait dealer license $ 250.00
22 20 or the amount for the same type of
22 21 license in the nonresident's state,
22 22 whichever is greater
22 23 v. x. Fishing license, one=day $ 8.50
22 24 10.00
22 25 y. Boundary waters sport trotline
22 26 license, annual $ 40.50
22 27 3. On or after January 10, 2013, and on or after January
22 28 10 of each year thereafter, the fees in this section may be
22 29 adjusted, pursuant to rules adopted under chapter 17A, in an
22 30 amount less than or equal to the percentage of increase in the
22 31 consumer price index for the midwest urban region, published
22 32 in the federal register by the federal department of labor,
22 33 bureau of labor statistics, for the twelve=month period ending
22 34 June 30 of the year prior to the year that the increase will
22 35 be effective.
23 1 4. The commission is authorized, pursuant to rules adopted
23 2 under chapter 17A, to develop combination packages of licenses
23 3 in order to offer incentives to residents to purchase
23 4 additional licenses or for the specific purpose of increasing
23 5 sales of licenses that will help to recruit or retain hunters,
23 6 anglers, and trappers in the state. The total cost of each
23 7 combination package of licenses offered shall be less than the
23 8 total cost of the licenses if each was purchased separately.
23 9 Sec. 31. Section 483A.1A, Code 2009, is amended by adding
23 10 the following new subsections:
23 11 NEW SUBSECTION. 01. "Boundary waters" means the waters of
23 12 the Mississippi, Missouri, and Big Sioux rivers.
23 13 NEW SUBSECTION. 6A. "Nonresident" means a person who is
23 14 not a resident as defined in subsection 7.
23 15 NEW SUBSECTION. 6B. "Principal and primary residence or
23 16 domicile" means the one and only place where a person has a
23 17 true, fixed, and permanent home, and to where, whenever the
23 18 person is briefly and temporarily absent, the person intends
23 19 to return. Relevant factors in determining a person's
23 20 principal and primary residence or domicile include but are
23 21 not limited to proof of place of employment, mailing address,
23 22 utility records, land ownership records, vehicle registration,
23 23 and address listed on the person's state and federal income
23 24 tax returns. A person shall submit documentation to establish
23 25 the person's principal and primary residence or domicile to
23 26 the department or its designee upon request. The department
23 27 or its designee shall keep confidential any document received
23 28 pursuant to such a request if the document is required to be
23 29 kept confidential by state or federal law.
23 30 Sec. 32. Section 483A.1A, subsection 7, Code 2009, is
23 31 amended to read as follows:
23 32 7. "Resident" means a natural person who meets any of the
23 33 following criteria during each year in which the person claims
23 34 status as a resident:
23 35 a. Has physically resided in this state at least thirty as
24 1 the person's principal and primary residence or domicile for a
24 2 period of not less than one hundred eighty consecutive days
24 3 immediately before applying for or purchasing a resident
24 4 license, tag, or permit under this chapter and has been issued
24 5 an Iowa driver's license or an Iowa nonoperator's
24 6 identification card. A person is not considered a resident
24 7 under this paragraph if the person is residing in the state
24 8 only for a special or temporary purpose including but not
24 9 limited to engaging in hunting, fishing, or trapping.
24 10 b. Is a full=time student at either of the following:
24 11 (1) an An accredited educational institution located in
24 12 this state and resides in this state while attending the
24 13 educational institution.
24 14 (2) An accredited educational institution located outside
24 15 of this state, if the person is under the age of twenty=five
24 16 and has at least one parent or legal guardian who maintains a
24 17 principal and primary residence or domicile in this state.
24 18 c. A Is a student who qualifies as a resident pursuant to
24 19 this paragraph "b" only for the purpose of purchasing any
24 20 resident license specified in section 483A.1 or 484A.2.
24 21 c. d. Is a nonresident under eighteen years of age whose
24 22 parent is a resident of this state.
24 23 d. e. Is a member of the armed forces of the United States
24 24 who is serving on active duty, claims residency in this state,
24 25 and has filed a state individual income tax return as a
24 26 resident pursuant to chapter 422, division II, for the
24 27 preceding tax year, or is stationed in this state.
24 28 e. Is registered to vote in this state.
24 29 Sec. 33. Section 483A.2, Code 2009, is amended to read as
24 30 follows:
24 31 483A.2 DUAL RESIDENCY.
24 32 A resident license shall be limited to persons who do not
24 33 claim any resident privileges, except as defined in section
24 34 483A.1A, subsection 7, paragraphs "b", "c", and "d", and "e",
24 35 in another state or country. A person shall not purchase or
25 1 apply for any resident license or permit if that person has
25 2 claimed residency in any other state or country.
25 3 Sec. 34. Section 483A.3, subsection 1, Code 2009, is
25 4 amended to read as follows:
25 5 1. A resident or nonresident person required to have a
25 6 hunting or fur harvester license shall not hunt or trap unless
25 7 the person has paid the wildlife habitat fee. This section
25 8 shall not apply to residents who have permanent disabilities
25 9 or who are younger than sixteen or older than sixty=five years
25 10 of age. Wildlife habitat fees shall be administered in the
25 11 same manner as hunting and fur harvester licenses except all
25 12 revenue derived from wildlife habitat fees shall be used
25 13 within the state of Iowa for habitat development and shall be
25 14 deposited in the state fish and game protection fund, except
25 15 as provided in subsection 2. The revenue may be used for the
25 16 matching of federal funds. The revenues and any matched
25 17 federal funds shall be used for acquisition of land, leasing
25 18 of land to provide hunting or trapping access, or obtaining of
25 19 easements from willing sellers for use as wildlife habitats.
25 20 Notwithstanding the exemption provided by section 427.1, any
25 21 land acquired with the revenues and matched federal funds
25 22 shall be subject to the full consolidated levy of property
25 23 taxes which shall be paid from those revenues. In addition
25 24 the revenue may be used for the development and enhancement of
25 25 wildlife lands and habitat areas. Not less than fifty percent
25 26 of all revenue from wildlife habitat fees shall be used by the
25 27 commission to enter into agreements with county conservation
25 28 boards or other public agencies in order to carry out the
25 29 purposes of this section. The state share of funding of those
25 30 agreements provided by the revenue from wildlife habitat fees
25 31 shall not exceed seventy=five percent.
25 32 Sec. 35. Section 483A.3, Code 2009, is amended by adding
25 33 the following new subsection:
25 34 NEW SUBSECTION. 4. Any increase in revenues received on
25 35 or after July 1, 2009, pursuant to this section as a result of
26 1 increases in the wildlife habitat fee enacted in the section
26 2 of this Act amending section 483A.1 shall be used by the
26 3 commission only for the purposes set forth in subsections 1
26 4 and 2 of this section.
26 5 Sec. 36. Section 483A.7, subsection 3, Code 2009, is
26 6 amended to read as follows:
26 7 3. a. A nonresident wild turkey hunter is required to
26 8 have a nonresident hunting license and a nonresident wild
26 9 turkey hunting license and pay the wildlife habitat fee. The
26 10 commission shall annually limit to two thousand three hundred
26 11 licenses determine the number of nonresidents allowed to have
26 12 wild turkey hunting licenses. Of the two thousand three
26 13 hundred predetermined number of licenses, one hundred fifty
26 14 licenses issued, six percent shall be valid for hunting with
26 15 muzzle loading shotguns only. The commission shall allocate
26 16 the nonresident wild turkey hunting licenses issued among the
26 17 zones based on the populations of wild turkey. A nonresident
26 18 applying for a wild turkey hunting license must exhibit proof
26 19 of having successfully completed a hunter safety and ethics
26 20 education program as provided in section 483A.27 or its
26 21 equivalent as determined by the department before the license
26 22 is issued.
26 23 b. The commission shall assign one preference point to a
26 24 nonresident whose application for a nonresident wild turkey
26 25 hunting license is denied due to limitations on the number of
26 26 nonresident wild turkey hunting licenses available for
26 27 issuance that year. An additional preference point shall be
26 28 assigned to that person each subsequent year the person's
26 29 license application is denied for that reason. A nonresident
26 30 may purchase additional preference points pursuant to section
26 31 481A.1, subsection 2, paragraph "f". The first nonresident
26 32 wild turkey hunting license drawing each year shall be made
26 33 from the pool of applicants with the most preference points
26 34 and continue to pools of applicants with successively fewer
26 35 preference points until all available nonresident wild turkey
27 1 hunting licenses have been issued. If a nonresident applicant
27 2 receives a wild turkey hunting license, all of the applicant's
27 3 assigned preference points at that time shall be removed.
27 4 Sec. 37. Section 483A.8, subsections 1, 3, 4, 5, and 6,
27 5 Code 2009, are amended to read as follows:
27 6 1. A resident hunting deer who is required to have a
27 7 hunting license must have a resident hunting license in
27 8 addition to the deer hunting license and must pay the wildlife
27 9 habitat fee. In addition, a resident who purchases a deer
27 10 hunting license shall pay a one dollar fee of one dollar and
27 11 fifty cents that shall be used and is appropriated for the
27 12 purpose of deer herd population management, including
27 13 assisting with the cost of processing deer donated to the help
27 14 us stop hunger program administered by the commission.
27 15 3. a. A nonresident hunting deer is required to have a
27 16 nonresident hunting license and a nonresident deer hunting
27 17 license and must pay the wildlife habitat fee. In addition, a
27 18 nonresident who purchases a deer hunting license shall pay a
27 19 one dollar fee of one dollar and fifty cents that shall be
27 20 used and is appropriated for the purpose of deer herd
27 21 population management, including assisting with the cost of
27 22 processing deer donated to the help us stop hunger program
27 23 administered by the commission.
27 24 b. A nonresident who purchases an antlered or any sex deer
27 25 hunting license pursuant to section 483A.1, subsection 2,
27 26 paragraph "e", is required to purchase an antlerless deer only
27 27 deer hunting license at the same time, pursuant to section
27 28 483A.1, subsection 2, paragraph "f" "g".
27 29 c. The commission shall annually limit to six thousand
27 30 determine the number of nonresidents allowed to have
27 31 nonresident antlered or any sex deer hunting licenses that
27 32 will be available for issuance. Of the six thousand
27 33 nonresident antlered or any sex deer hunting licenses issued,
27 34 not more than thirty=five percent of the licenses shall be bow
27 35 season licenses. After the six thousand predetermined number
28 1 of antlered or any sex nonresident deer hunting licenses have
28 2 been issued, all additional licenses shall be issued for
28 3 antlerless deer only. The commission shall annually determine
28 4 the number of nonresident antlerless deer only deer hunting
28 5 licenses that will be available for issuance.
28 6 d. The commission shall allocate all resident and
28 7 nonresident deer hunting licenses issued among the zones based
28 8 on the populations of deer using a county=by=county system.
28 9 However, a nonresident applicant may request one or more
28 10 hunting zones, in order of preference, in which the applicant
28 11 wishes to hunt. If the request cannot be fulfilled, the
28 12 applicable fees shall be returned to the applicant. A
28 13 nonresident applying for a deer hunting license must exhibit
28 14 proof of having successfully completed a hunter safety and
28 15 ethics education program as provided in section 483A.27 or its
28 16 equivalent as determined by the department before the license
28 17 is issued.
28 18 e. The commission shall assign one preference point to a
28 19 nonresident whose application for a nonresident antlered or
28 20 any sex deer hunting license is denied due to limitations on
28 21 the number of nonresident antlered or any sex deer hunting
28 22 licenses available for issuance that year. An additional
28 23 preference point shall be assigned to that person each
28 24 subsequent year the person's license application is denied for
28 25 that reason. A nonresident may purchase additional preference
28 26 points pursuant to section 483A.1, subsection 2, paragraph
28 27 "f". The first nonresident antlered or any sex deer hunting
28 28 license drawing each year shall be made from the pool of
28 29 applicants with the most preference points and continue to
28 30 pools of applicants with successively fewer preference points
28 31 until all available nonresident antlered or any sex deer
28 32 hunting licenses have been issued. If a nonresident applicant
28 33 receives an antlered or any sex deer hunting license, all of
28 34 the applicant's assigned preference points at that time shall
28 35 be removed.
29 1 4. The commission may provide, by rule, for the issuance
29 2 of an additional antlerless deer hunting license to a person
29 3 who has been issued an antlerless deer hunting license. The
29 4 rules shall specify the number of additional antlerless deer
29 5 hunting licenses which may be issued, and the season and zone
29 6 in which the license is valid. The fee for an additional
29 7 antlerless deer hunting license shall be ten fifteen dollars
29 8 for residents.
29 9 5. A nonresident owning land in this state may apply for a
29 10 nonresident antlered or any sex deer hunting license, and the
29 11 provisions of subsection 3 shall apply. However, if a
29 12 nonresident owning land in this state is unsuccessful in
29 13 obtaining one of the nonresident antlered or any sex deer
29 14 hunting licenses, the landowner shall be given preference for
29 15 one of the antlerless deer only nonresident deer hunting
29 16 licenses available pursuant to subsection 3. A nonresident
29 17 owning land in this state shall pay the fee for a nonresident
29 18 antlerless only deer hunting license and the license shall be
29 19 valid to hunt on the nonresident's land only. If one or more
29 20 parcels of land have multiple nonresident owners, only one of
29 21 the nonresident owners is eligible for a nonresident
29 22 antlerless only deer hunting license. If a nonresident
29 23 jointly owns land in this state with a resident, the
29 24 nonresident shall not be given preference for a nonresident
29 25 antlerless only deer hunting license. The department may
29 26 require proof of land ownership from a nonresident landowner
29 27 applying for a nonresident antlerless only deer hunting
29 28 license.
29 29 6. The commission shall provide by rule for the annual
29 30 issuance to a nonresident of a nonresident antlerless deer
29 31 hunting license that is valid for use only during the period
29 32 beginning on December 24 and ending at sunset on January 2 of
29 33 the following year, and costs fifty seventy=five dollars. A
29 34 nonresident hunting deer with a license issued under this
29 35 subsection shall be otherwise qualified to hunt deer in this
30 1 state and shall have a nonresident hunting license, pay the
30 2 wildlife habitat fee, and pay the one dollar a fee of one
30 3 dollar and fifty cents for the purpose of deer herd population
30 4 management as provided in subsection 3. Pursuant to this
30 5 subsection, the commission shall make available for issuance
30 6 only the remaining nonresident antlerless deer hunting
30 7 licenses allocated under subsection 3 that have not yet been
30 8 issued for the current year's nonresident antlerless deer
30 9 hunting seasons.
30 10 Sec. 38. Section 483A.8A, Code 2009, is amended to read as
30 11 follows:
30 12 483A.8A DEER AND WILD TURKEY HARVEST REPORTING SYSTEM.
30 13 1. The commission shall provide, by rule, for the
30 14 establishment of a deer and wild turkey harvest reporting
30 15 system for the purpose of collecting information from deer
30 16 hunters concerning the deer and wild turkey population in this
30 17 state. Each person who is issued a deer or wild turkey
30 18 hunting license in this state shall report such information
30 19 pursuant to this section. Information collected by the
30 20 commission pursuant to the deer and wild turkey harvest
30 21 reporting system from a deer hunter who takes a deer or wild
30 22 turkey shall be limited to the following:
30 23 a. The county where the deer or wild turkey was taken.
30 24 b. The season during which the deer or wild turkey was
30 25 taken.
30 26 c. The sex of the deer or wild turkey taken.
30 27 d. The age of the deer or wild turkey taken.
30 28 e. The type of weapon used.
30 29 f. The hunting license number of the hunter.
30 30 g. The number of days the hunter hunted.
30 31 h. The total number of deer or wild turkey taken by the
30 32 hunter.
30 33 2. The deer and wild turkey harvest reporting system
30 34 established by the commission shall utilize and is limited to
30 35 utilizing one or more of the following methods of reporting
31 1 deer or wild turkey taken by hunters:
31 2 a. A toll=free telephone number.
31 3 b. A postcard.
31 4 c. Reporting at an electronic licensing location.
31 5 d. Electronic internet communication.
31 6 Sec. 39. Section 483A.10, Code 2009, is amended to read as
31 7 follows:
31 8 483A.10 ISSUANCE OF LICENSES.
31 9 1. The licenses and combination packages of licenses
31 10 issued pursuant to this chapter shall be issued by the
31 11 department or the license agents as specified by rules of the
31 12 commission. A county recorder may issue licenses or
31 13 combination packages of licenses subject to the rules of the
31 14 commission.
31 15 2. The rules shall include the application procedures as
31 16 necessary. The licenses and combination packages of licenses
31 17 shall show the total cost of the license or combination
31 18 package of licenses, including a writing fee to be retained by
31 19 the license agent and any administrative fees to be forwarded
31 20 to the department, if applicable. A person authorized to
31 21 issue a license or combination package of licenses or collect
31 22 a fee pursuant to this chapter or chapter 484A shall charge
31 23 the fee specified in this chapter or chapter 484A only plus a
31 24 writing fee and administrative fee, if applicable.
31 25 Sec. 40. Section 483A.12, Code 2009, is amended to read as
31 26 follows:
31 27 483A.12 FEES.
31 28 1. The license agent shall be responsible for all fees for
31 29 the issuance of hunting, fishing, and fur harvester licenses,
31 30 and combination packages of licenses sold by the license
31 31 agent. All unused license blanks shall be surrendered to the
31 32 department upon the department's demand.
31 33 2. A license agent shall retain a writing fee of fifty
31 34 seventy=five cents from the sale of each license or
31 35 combination package of licenses except that the writing fee
32 1 for a free deer or wild turkey license as authorized under
32 2 section 483A.24, subsection 2, shall be one dollar and
32 3 twenty=five cents. If a county recorder is a license agent,
32 4 the writing fees retained by the county recorder shall be
32 5 deposited in the general fund of the county.
32 6 Sec. 41. Section 483A.14, Code 2009, is amended to read as
32 7 follows:
32 8 483A.14 DUPLICATE LICENSES AND PERMITS.
32 9 1. When any license for which a fee has been set has been
32 10 lost, destroyed, or stolen, the director or a license agent
32 11 may issue a replacement license, if evidence is available to
32 12 demonstrate issuance of the original license and a fee of two
32 13 dollars and twenty=five cents is paid, to be placed in the
32 14 fish and game protection fund. If, on examination of the
32 15 evidence, the director or the license agent, as the case may
32 16 be, is satisfied that the license has been lost, destroyed, or
32 17 stolen, the director or the license agent shall issue a
32 18 duplicate license which shall be plainly marked "duplicate"
32 19 and the duplicate shall serve in lieu of the original license
32 20 and it shall contain the same information and signature as the
32 21 original.
32 22 2. The license agent shall charge a writing fee of one
32 23 dollar and twenty=five cents and the departmental
32 24 administrative fee for each duplicate license issued pursuant
32 25 to this section. The license agent shall retain the writing
32 26 fee.
32 27 Sec. 42. Section 483A.24, subsection 2, paragraphs c and
32 28 d, Code 2009, are amended to read as follows:
32 29 c. Upon written application on forms furnished by the
32 30 department, the department shall issue annually without fee
32 31 two deer hunting licenses, one antlered or any sex deer
32 32 hunting license and one antlerless deer only deer hunting
32 33 license, to the owner of a farm unit or a member of the
32 34 owner's family, but only a total of two licenses for both, and
32 35 to the tenant of a farm unit or a member of the tenant's
33 1 family, but only a total of two licenses for both. The deer
33 2 hunting licenses issued shall be valid only for use on the
33 3 farm unit for which the applicant applies pursuant to this
33 4 paragraph. The owner or the tenant need not reside on the
33 5 farm unit to qualify for the free deer hunting licenses to
33 6 hunt on that farm unit. The free deer hunting licenses issued
33 7 pursuant to this paragraph shall be valid and may be used
33 8 during any shotgun deer season. The licenses may be used to
33 9 harvest deer in two different seasons. In addition, a person
33 10 who receives a free deer hunting license pursuant to this
33 11 paragraph shall pay a one dollar fee of one dollar and fifty
33 12 cents for each license that shall be used and is appropriated
33 13 for the purpose of deer herd population management, including
33 14 assisting with the cost of processing deer donated to the help
33 15 us stop hunger program administered by the commission.
33 16 d. In addition to the free deer hunting licenses received
33 17 pursuant to paragraph "c", an owner of a farm unit or a member
33 18 of the owner's family and the tenant or a member of the
33 19 tenant's family may purchase a deer hunting license for any
33 20 option offered to paying deer hunting licensees. An owner of
33 21 a farm unit or a member of the owner's family and the tenant
33 22 or a member of the tenant's family may also purchase two
33 23 additional antlerless deer hunting licenses which are valid
33 24 only on the farm unit for a fee of ten fifteen dollars each.
33 25 Sec. 43. Section 483A.24, subsections 3 and 4, Code 2009,
33 26 are amended to read as follows:
33 27 3. The director shall provide up to seventy=five
33 28 nonresident deer hunting licenses for allocation as requested
33 29 by a majority of a committee consisting of the majority leader
33 30 of the senate, speaker of the house of representatives, and
33 31 director of the department of economic development, or their
33 32 designees. The licenses provided pursuant to this subsection
33 33 shall be in addition to the number of nonresident licenses
33 34 authorized determined pursuant to section 483A.8. The purpose
33 35 of the special nonresident licenses is to allow state
34 1 officials and local development groups to promote the state
34 2 and its natural resources to nonresident guests and
34 3 dignitaries. Photographs, videotapes, or any other form of
34 4 media resulting from the hunting visitation shall not be used
34 5 for political campaign purposes. The nonresident licenses
34 6 shall be issued without application upon payment of the
34 7 nonresident deer hunting license fee and the wildlife habitat
34 8 fee. The licenses are valid in all zones open to deer
34 9 hunting. The hunter safety and ethics education certificate
34 10 requirement pursuant to section 483A.27 is waived for a
34 11 nonresident issued a license pursuant to this subsection.
34 12 4. The director shall provide up to twenty=five
34 13 nonresident wild turkey hunting licenses for allocation as
34 14 requested by a majority of a committee consisting of the
34 15 majority leader of the senate, speaker of the house of
34 16 representatives, and director of the department of economic
34 17 development, or their designees. The licenses provided
34 18 pursuant to this subsection shall be in addition to the number
34 19 of nonresident licenses authorized determined pursuant to
34 20 section 483A.7. The purpose of the special nonresident
34 21 licenses is to allow state officials and local development
34 22 groups to promote the state and its natural resources to
34 23 nonresident guests and dignitaries. Photographs, videotapes,
34 24 or any other form of media resulting from the hunting
34 25 visitation shall not be used for political campaign purposes.
34 26 The nonresident licenses shall be issued without application
34 27 upon payment of the nonresident wild turkey hunting license
34 28 fee and the wildlife habitat fee. The licenses are valid in
34 29 all zones open to wild turkey hunting. The hunter safety and
34 30 ethics education certificate requirement pursuant to section
34 31 483A.27 is waived for a nonresident issued a license pursuant
34 32 to this subsection.
34 33 Sec. 44. Section 483A.24, subsection 10, paragraph b, Code
34 34 2009, is amended to read as follows:
34 35 b. The licenses provided pursuant to this subsection shall
35 1 be in addition to the number of nonresident turkey hunting
35 2 licenses authorized determined pursuant to section 483A.7 and
35 3 nonresident deer hunting licenses authorized determined
35 4 pursuant to section 483A.8.
35 5 Sec. 45. NEW SECTION. 483A.28 NONCOMMERCIAL HARVEST OF
35 6 AQUATIC SPECIES.
35 7 1. A boundary waters sport trotline license entitles the
35 8 licensee to use a maximum of four trotlines with two hundred
35 9 hooks in the aggregate and only on boundary waters. All
35 10 boundary waters sport trotlines shall be tagged with the name
35 11 and address of the licensee on a weather=resistant tag
35 12 provided by the licensee and affixed above the waterline. A
35 13 boundary waters sport trotline licensee is not permitted to
35 14 sell, barter, or trade fish or turtles taken pursuant to the
35 15 license.
35 16 2. A valid fishing license issued pursuant to this chapter
35 17 entitles the licensee to take and possess a maximum of one
35 18 hundred pounds of live turtles or fifty pounds of dressed
35 19 turtles. Any unattended fishing gear used to take turtles
35 20 pursuant to a fishing license shall be tagged with the name
35 21 and address of the licensee on a weather=resistant tag
35 22 provided by the licensee and affixed above the waterline. A
35 23 fishing licensee is not permitted to sell, barter, or trade
35 24 live or dressed turtles taken pursuant to the license.
35 25 3. A valid fishing license issued pursuant to this chapter
35 26 entitles the licensee to take and possess a maximum amount of
35 27 mussels or shells daily as authorized by rule under the
35 28 authority of sections 456A.24, 481A.38, 481A.39, and 482.1. A
35 29 fishing licensee shall not sell, barter, or trade freshwater
35 30 mussels or shells taken pursuant to the fishing license.
35 31 Sec. 46. Section 805.8B, subsection 3, paragraphs c and n,
35 32 Code 2009, are amended to read as follows:
35 33 c. For violations of sections 481A.6, 481A.21, 481A.22,
35 34 481A.26, 481A.50, 481A.56, 481A.60 through 481A.62, 481A.83,
35 35 481A.84, 481A.92, 481A.123, 481A.145, subsection 3, sections
36 1 482.7, 483A.7, 483A.8, 483A.8A, 483A.23, and 483A.24, and
36 2 483A.28, the scheduled fine is twenty=five dollars.
36 3 n. For violations of section 482.11 relating to turtles:,
36 4 the scheduled fine is one hundred dollars.
36 5 (1) For commercial turtle violations, the scheduled fine
36 6 is one hundred dollars.
36 7 (2) For sport turtle violations, the scheduled fine is
36 8 fifty dollars.
36 9 Sec. 47. Section 805.8B, subsection 3, paragraph o, Code
36 10 2009, is amended by striking the paragraph and inserting in
36 11 lieu thereof the following:
36 12 o. For violations of section 482.12 relating to mussels,
36 13 the scheduled fine is one hundred dollars.
36 14 Sec. 48. Section 483A.25, Code 2009, is repealed.
36 15 EXPLANATION
36 16 This bill relates to various conservation and recreation
36 17 activities under the purview of the department of natural
36 18 resources, modifies fees, and makes penalties applicable.
36 19 SNOWMOBILES. Code section 321G.2(1)is amended to allow the
36 20 natural resource commission to adopt rules for the
36 21 establishment of a program of grants, subgrants, and contracts
36 22 for the development, maintenance, and operation of designated
36 23 snowmobile trails and grooming equipment by political
36 24 subdivisions and incorporated private organizations; of a
36 25 certified education course for the operation of snowmobile
36 26 grooming equipment; of a certified education course for the
36 27 safe use and operation of snowmobiles; and for certification
36 28 of volunteer snowmobile education instructors.
36 29 Code section 321G.11 is amended to require that exhaust on
36 30 internal combustion engines of snowmobiles must be muffled in
36 31 accordance with rules adopted by the natural resource
36 32 commission.
36 33 Code section 321G.21(9) is amended to allow the commission
36 34 to adopt rules providing for the suspension or revocation of a
36 35 snowmobile dealer's special registration certificate issued
37 1 pursuant to this section.
37 2 Code section 321G.24(3) is amended to coordinate an
37 3 internal reference with the changes in Code section 321G.2(1),
37 4 to allow a person who completes a course of safety instruction
37 5 to receive a safety certificate, and to delete a provision
37 6 that allowed the commission to waive completion of the safety
37 7 course if a person passed a written test instead.
37 8 ALL=TERRAIN VEHICLES. Code section 321I.1(1)(c) is amended
37 9 by removing a provision requiring off=road utility vehicles to
37 10 be considered all=terrain vehicles for the purposes of
37 11 registration.
37 12 Code section 321I.1(16) is amended to provide that an
37 13 off=road utility vehicle means a vehicle with not less than
37 14 four and not more than eight tires, a bucket or bench seat,
37 15 and a steering wheel or control levers. The amendment also
37 16 allows an owner of an off=road utility vehicle to register and
37 17 title an off=road utility vehicle in order to legally operate
37 18 the vehicle on public ice, or on a designated riding area or
37 19 riding trail but be exempt from certain dealer registration
37 20 and titling requirements and safety instruction and
37 21 certification program requirements. An operator of a
37 22 registered or titled off=road utility vehicle shall not
37 23 operate the vehicle on public ice or designated riding areas
37 24 or trails unless the department has posted signage allowing
37 25 such operation.
37 26 Code section 321I.2(1) is amended to allow the commission
37 27 to adopt rules for the establishment of a program of grants,
37 28 subgrants, and contracts for the development, maintenance, and
37 29 operation of all=terrain vehicle riding areas and trails by
37 30 political subdivisions and incorporated private organizations;
37 31 of a certified education course for the safe use and operation
37 32 of all=terrain vehicles; and for certification of volunteer
37 33 all=terrain vehicle education instructors.
37 34 Code section 321I.22(9) is amended to allow the adoption of
37 35 rules by the commission providing for the suspension or
38 1 revocation of an all=terrain vehicle dealer's special
38 2 registration certificate.
38 3 Code section 321I.26(3) is amended to coordinate an
38 4 internal reference with the changes made in Code section
38 5 321I.2(1), to allow a person to obtain a safety certificate by
38 6 passing an examination including either a written test or the
38 7 demonstration of adequate riding skills, and to delete a
38 8 provision that allowed the commission to waive completion of
38 9 the course of instruction upon passage of a written test
38 10 instead.
38 11 WILDLIFE CONSERVATION. Code section 481A.122 is amended to
38 12 exempt a person who is hunting with a raptor from certain
38 13 requirements to wear blaze orange apparel.
38 14 Code section 481A.130 is amended to add a civil penalty of
38 15 $200 for the unlawful taking of a bobcat and to add a schedule
38 16 of civil penalties for the unlawful taking of fish, dependent
38 17 on the species of fish taken. The Code section is also made
38 18 inapplicable to a person who is liable to pay restitution
38 19 pursuant to Code section 481A.151 for injury to a wild animal
38 20 caused by polluting a water of this state.
38 21 Code section 481C.2A is amended to provide that a person
38 22 who hunts antlerless deer pursuant to a depredation agreement
38 23 must pay the increased fee of $1.50 for the purpose of the
38 24 deer herd population management program.
38 25 COMMERCIAL FISHING. Code section 482.1 is amended to
38 26 provide that a licensee under the Code chapter shall not
38 27 continue commercial fishing while a license issued by the
38 28 commission is under revocation or suspension, to allow
38 29 regulation of commercial mussel bait fishing, and to allow
38 30 employees of the department of natural resources to examine
38 31 gear, catches, and sale and purchase records of commercial
38 32 licensees.
38 33 Code section 482.2 is amended to add definitions of new
38 34 licenses for commercial fish buyers, commercial fish helpers,
38 35 commercial roe buyers, commercial roe harvesters, commercial
39 1 turtle buyers, commercial turtle helpers, and to define roe
39 2 and roe species. References to commercial mussel fishing are
39 3 deleted. References to water sport trotline licenses are
39 4 deleted and moved to Code chapter 483A. Other definitions are
39 5 modified including the definitions of nonresident and
39 6 resident.
39 7 Code section 482.4, concerning commercial licenses and gear
39 8 tags, is amended to describe and set fees for the new licenses
39 9 available. Annual license fees for some existing licenses are
39 10 increased, and fees are added for the new licenses available.
39 11 Code section 482.5, concerning commercial gear, is amended
39 12 to include the harvest of commercial turtles with such gear.
39 13 Code section 482.7, concerning gear attendance, is amended
39 14 to apply to commercial turtle fishing and to require the
39 15 presence of a commercial fisher or commercial turtle fisher
39 16 when commercial gear is operated, including direct supervision
39 17 of a commercial fish helper or commercial turtle helper who
39 18 operates commercial gear. "Direct supervision" is defined to
39 19 require being in the same boat, within hand=signal distance,
39 20 or within vocal communication distance, without electronic or
39 21 amplification devices of the person being supervised. The
39 22 constant attendance requirement may be modified by the
39 23 commission upon a request specifying why an extension of gear
39 24 attendance intervals is needed.
39 25 Code sections 482.8, concerning bait, and 482.9, concerning
39 26 unlawful methods, are amended to coordinate with the new
39 27 license designations.
39 28 Code section 482.10, concerning commercial fish, is amended
39 29 to describe the privileges associated with commercial fisher
39 30 and fish helper licenses, and commercial roe harvester and roe
39 31 buyer licenses. The license requirements do not apply to
39 32 individuals who buy commercial fish or fish parts or roe or
39 33 roe species for personal consumption or to restaurants, liquor
39 34 control licensees, or public benefit corporations that buy
39 35 commercial fish or fish parts, or roe or roe species for
40 1 retail sale and human consumption on their premises. In
40 2 addition, a person under 16 years of age is not required to
40 3 have a commercial fish helper license to assist a commercial
40 4 fisher.
40 5 Code section 482.11, concerning turtles, is amended to
40 6 describe the privileges associated with the taking of turtles,
40 7 particularly by commercial turtle fisher and turtle helper
40 8 licensees. The commercial turtle license requirements do not
40 9 apply to individuals who buy commercial turtles, turtle eggs,
40 10 or turtle parts from a commercial fisher or commercial turtle
40 11 fisher for personal consumption; or to restaurants, liquor
40 12 control licensees, or public benefit corporations that buy
40 13 commercial turtles, turtle eggs, or turtle parts for retail
40 14 and human consumption on their premises. In addition, a
40 15 commercial turtle helper license is not required for a person
40 16 under 16 years of age to assist a commercial turtle fisher.
40 17 Code section 482.12, concerning freshwater mussels, is
40 18 amended to allow a commercial fisher or commercial fish helper
40 19 licensee to take or possess up to 24 whole freshwater mussels
40 20 or 48 mussel shell halves, but not to buy, sell, barter, or
40 21 trade the mussels or their shells. Only mussels designated by
40 22 rule as legal bait species may be taken pursuant to this
40 23 provision.
40 24 Code section 482.14 is amended to describe report,
40 25 recordkeeping, and inspection requirements pertaining to
40 26 commercial fishers, commercial turtle fishers, commercial fish
40 27 buyers, commercial turtle buyers, commercial roe harvesters,
40 28 and commercial roe buyers.
40 29 FISHING AND HUNTING LICENSES. Code section 483A.1 is
40 30 amended to increase fees for certain resident and nonresident
40 31 hunting and fishing licenses. New licenses are added for
40 32 resident antlerless only deer hunting and boundary waters
40 33 sport trotline fishing and for nonresident holiday antlerless
40 34 only deer hunting and boundary waters sport trotline fishing.
40 35 Nonresidents are also permitted to purchase preference points
41 1 issued under Code section 483A.7(3)(b) to purchase wild turkey
41 2 hunting licenses, and under Code section 483A.8(3)(e) to
41 3 purchase antlered or any sex deer hunting licenses. The
41 4 wildlife habitat fee is increased from $11 to $13.50.
41 5 Code section 483A.1 is also amended to provide that on or
41 6 after January 10, 2013, and on or after each January 10
41 7 thereafter, the license fees may be adjusted, by rule, in an
41 8 amount equal to or less than the percentage of increase in the
41 9 consumer price index for the midwest urban region, published
41 10 in the federal register by the federal department of labor,
41 11 bureau of labor statistics, for the 12=month period ending
41 12 June 30 of the year prior to the year that the increase will
41 13 be effective.
41 14 The natural resource commission is also authorized to adopt
41 15 rules to develop combination packages of licenses for the
41 16 purpose of encouraging residents to purchase additional
41 17 licenses, to increase sales of licenses, and to retain
41 18 hunters, anglers, and trappers in the state. The combination
41 19 packages must cost less than the total cost of purchasing the
41 20 licenses separately.
41 21 Code section 483A.1A is amended to add definitions for
41 22 "boundary waters", "nonresident", and "principal and primary
41 23 residence or domicile". The definition of "resident" is
41 24 modified to include a determination of whether a person's
41 25 principal and primary residence or domicile is in the state
41 26 and to allow a full=time student at an institution outside the
41 27 state to be considered a resident if at least one parent or
41 28 guardian has a principal and primary residence or domicile in
41 29 the state. Code section 483A.2 is amended to make a
41 30 coordinating change.
41 31 Code section 483A.3 is amended to allow revenue raised from
41 32 the wildlife habitat fee and any matched federal funds to be
41 33 used to lease land to provide hunting and trapping access.
41 34 Code section 483A.3 is also amended to provide that any
41 35 increase in revenues received on or after July 1, 2009, as a
42 1 result of increases in the wildlife habitat fee enacted in the
42 2 bill shall be used by the commission only for the purposes of
42 3 acquisition of land, leasing of land for hunting and trapping
42 4 access, obtaining easements for use as wildlife habitats, and
42 5 credits to the wildlife habitat bond fund.
42 6 Code section 483A.7 is amended to allow the natural
42 7 resource commission to annually determine how many nonresident
42 8 wild turkey hunting licenses will be issued instead of the
42 9 current limit of 2,300 licenses and to require the commission
42 10 to assign a preference point to a nonresident for each year
42 11 that the nonresident's application for a wild turkey hunting
42 12 license is denied due to limitations on the number of licenses
42 13 available. Drawings for licenses are made from pools of
42 14 applicants based on who has the most preference points. A
42 15 nonresident may purchase additional preference points for $50
42 16 each.
42 17 Code section 483A.8 is amended to increase the deer herd
42 18 population management fee paid by purchasers of deer hunting
42 19 licenses from $1 to $1.50. The section is also amended to
42 20 allow the natural resource commission to annually determine
42 21 how many nonresident antlered or any sex deer hunting licenses
42 22 will be issued instead of the current limit of 6,000 licenses
42 23 and to allocate resident and nonresident deer hunting licenses
42 24 among the zones using a county=by=county system.
42 25 Code section 483A.8 is also amended to require the
42 26 commission to assign a preference point to a nonresident for
42 27 each year that the nonresident's application for an antlered
42 28 or any sex deer hunting license is denied due to limitations
42 29 on the number of licenses available. Drawings for licenses
42 30 are to be made from pools of applicants based on who has the
42 31 most preference points. A nonresident may purchase additional
42 32 preference points for $50 each.
42 33 Code section 483A.8 is also amended to increase the fee for
42 34 additional antlerless deer hunting licenses issued to
42 35 residents from $10 to $15 and to increase the fee for the
43 1 special nonresident holiday antlerless deer hunting license
43 2 from $50 to $75.
43 3 Code section 483A.8A is amended to expand the deer harvest
43 4 reporting system to include wild turkey harvest reporting.
43 5 Code section 805.8B(3) is amended to provide that a violation
43 6 of the deer and turkey harvest reporting requirement is
43 7 punishable by a scheduled fine of $25.
43 8 Code sections 483A.10 and 483A.12, relating to the issuance
43 9 of licenses and fees collected by license agents, are amended
43 10 to allow for the sale of combination packages of licenses, to
43 11 increase the writing fee from 50 to 75 cents, and to increase
43 12 the writing fee for free deer or wild turkey licenses from $1
43 13 to $1.25. Code section 483A.14 is amended to increase the fee
43 14 for issuance of duplicate licenses from $2 to $2.25 and the
43 15 writing fee from $1 to $1.25.
43 16 Code section 483A.24(2)(c) and (d) are amended to reflect
43 17 the increase in the deer herd population management fee from
43 18 $1 to $1.50 and the increase in the fee for additional
43 19 landowner antlerless deer only deer hunting licenses from $10
43 20 to $15.
43 21 Code section 483A.24(3), (4), and (10) are amended to
43 22 coordinate with the changes made in Code sections 483A.7 and
43 23 483A.8.
43 24 New Code section 483A.28 describes the noncommercial
43 25 harvest of aquatic species. The new boundary waters sport
43 26 trotline license allows use of trotlines only on boundary
43 27 waters. A valid fishing license entitles the licensee to take
43 28 specified amounts of live and dressed turtles and mussels, as
43 29 set by rule, but not to sell, barter, or trade them. Code
43 30 section 805.8B(3) is amended to provide that a violation of
43 31 this new provision, other than a license violation, is
43 32 punishable by a scheduled fine of $25.
43 33 Code section 805.8B(3)(n) is amended to strike a provision
43 34 imposing a penalty for sport turtle violations to coordinate
43 35 with changes made to Code section 482.11(3) and (4).
44 1 Code section 805.8B(3)(o) is amended to remove the
44 2 distinction between commercial mussel and sport mussel
44 3 violations and to provide that any violations of Code section
44 4 482.12, regulating mussels, are punishable by a scheduled fine
44 5 of $100.
44 6 Code section 483A.25, concerning the pheasant and quail
44 7 restoration program and related appropriations, is repealed.
44 8 LSB 1380DP 83
44 9 av/sc/8.1