H.F. 2051 Section 1. Section 459.102, subsection 3, Code 2011, is 1 amended to read as follows: 2 3. “Animal” means a species classified as cattle, swine, 3 horses, sheep, chickens, or turkeys , or fish . 4 Sec. 2. Section 459.102, subsection 6, Code 2011, is amended 5 by adding the following new paragraph: 6 NEW PARAGRAPH . l. Fish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.001 7 Sec. 3. NEW SECTION . 459.320 Exception from regulation —— 8 election for confinement feeding operations confining fish. 9 A person who exclusively confines fish as part of a 10 confinement feeding operation may elect to comply with the 11 permitting requirements of section 455B.183 in lieu of the 12 permitting requirements of this subchapter. 13 EXPLANATION 14 This bill amends the law which provides for the regulation 15 of animal feeding operations, including confinement feeding 16 operations, by the department of natural resources (Code 17 chapter 459), by changing the definition of “animal” to include 18 fish. Generally, the law provides a number of restrictions 19 upon owners of animal feeding operations including those 20 impacting the construction and expansion of structures and 21 the application of manure. The law also provides a number of 22 exceptions from those regulations, including for small animal 23 feeding operations. The bill also adds a new exception, by 24 providing that a person who exclusively confines fish as part 25 of a confinement feeding operation may elect to comply with the 26 state’s general permitting requirements pertaining to water 27 quality (Code section 455B.183) in lieu of the permitting 28 requirements applicable to animal feeding operations. 29 A person who violates the bill is subject to civil penalties 30 (Code sections 455B.109, 459.602, and 459.603) amounting to up 31 to $10,000 for a single violation. 32 -1- LSB 5134HH (3) 84 da/nh 1/ 1