H.F. 2409 Section 1. Section 461A.35, Code 2011, is amended to read 1 as follows: 2 461A.35 Prohibited destructive acts. 3 1. It shall be unlawful for any person to use, enjoy 4 the privileges of, destroy, injure , or deface plant life, 5 trees, buildings, or other natural or material property, or 6 to construct or operate for private or commercial purposes 7 any structure, or to remove any plant life, trees, buildings, 8 sand, gravel, ice, earth, stone, wood , or other natural 9 material, or to operate vehicles, within the boundaries of 10 any state park, preserve, or stream or any other lands or 11 waters under the jurisdiction of the commission for any purpose 12 whatsoever, except upon the terms, conditions, limitations , and 13 restrictions as set forth by the commission. 14 2. A person who violates this section commits a simple 15 misdemeanor, punishable as a scheduled violation pursuant to 16 section 805.8B, subsection 6, paragraph “c” . 17 Sec. 2. Section 461A.42, subsection 2, Code 2011, is amended 18 to read as follows: 19 2. The use of fireworks, as defined in section 727.2 , in 20 state parks and preserves is prohibited except as authorized 21 by a permit issued by the department. The commission shall 22 establish, by rule adopted pursuant to chapter 17A , a fireworks 23 permit system which authorizes the issuance of a limited number 24 of permits to qualified persons to use or display fireworks in 25 selected state parks and preserves. 26 3. A person violating this subsection section is guilty of a 27 simple misdemeanor punishable as a scheduled violation pursuant 28 to section 805.8B, subsection 6, paragraph “c” . In addition 29 to any other penalties, the punishment imposed for a violation 30 of this subsection shall include assessment of a fine of not 31 less than two hundred fifty dollars. The court shall order 32 restitution if any damages were caused by the violation which 33 may include, but is not limited to, community service. 34 Sec. 3. Section 461A.57, Code 2011, is amended to read as 35 -1- LSB 5217HV (2) 84 av/nh 1/ 8

H.F. 2409 follows: 1 461A.57 Penalties. 2 Any person violating any of the provisions of sections 3 461A.35 461A.36 to 461A.41, 461A.43, and 461A.45 to 461A.56 is 4 guilty of a simple misdemeanor. 5 Sec. 4. Section 481A.1, subsection 7, Code 2011, is amended 6 to read as follows: 7 7. “Bait” includes , but is not limited to , minnows, green 8 sunfish, orange-spotted sunfish, gizzard shad, frogs, crayfish, 9 and salamanders , and mussels . 10 Sec. 5. Section 481A.6A, subsection 1, Code 2011, is amended 11 to read as follows: 12 1. As used in this section , “pen-reared pheasant” means a 13 Chinese ring-necked pheasant (Phasianus colchicus torquatus) 14 which originates from a captive population and which has 15 been propagated and held by a hatchery. For the purposes of 16 this section “pen-reared pheasant” does not include a Reeves 17 (Syrmaticus reevesii) or Lady Amherst (Chrysolophus amherstiae) 18 pheasant, a subspecies of the Chinese ring-necked pheasant 19 such as a Japanese (Phasianus vesicolor) or a Black-necked (P. 20 colchicus colchicus) pheasant, or a melanistic mutant (black, 21 white, or other color mix) of the Chinese ring-necked pheasant. 22 Sec. 6. NEW SECTION . 481A.17 Target shooting sports 23 program. 24 The department shall establish a target shooting sports 25 program to promote recreational target shooting sports. The 26 purposes of the program shall be to introduce more Iowans 27 to target shooting sports, promote existing target shooting 28 programs, provide more target shooting facilities, and improve 29 existing target shooting facilities. The commission may adopt 30 rules to achieve these purposes. 31 Sec. 7. Section 481A.131, Code 2011, is amended to read as 32 follows: 33 481A.131 Judgment —— execution. 34 1. In each case of conviction of unlawfully taking, 35 -2- LSB 5217HV (2) 84 av/nh 2/ 8

H.F. 2409 catching, killing, injuring, destroying , or having in 1 possession any fish, game , or fur-bearing animal, the court 2 shall enter a judgment in favor of the state of Iowa for 3 liquidated damages in an amount as provided in section 4 481A.130 , and it shall be the duty of the commission and 5 the prosecuting attorney or attorney general, to collect the 6 liquidated damages by execution or otherwise . If two or more 7 persons who have acted together are convicted of the unlawful 8 taking, catching, killing, injuring, destroying , or having 9 possession of any fish, game , or fur-bearing animal, the 10 judgment shall be entered against them jointly. 11 2. Any liquidated damages received assessed under this 12 section and section 481A.130 shall be remitted paid to the 13 clerk of court. The clerk of court shall remit the damages 14 paid to the treasurer of state who department of natural 15 resources. The department of natural resources shall credit 16 such damages to the state fish and game protection fund. 17 3. The return of any uninjured fish, game , or fur-bearing 18 animal which has been unlawfully taken, caught, or possessed, 19 to the place where taken or caught or to any other place 20 approved by the commission, shall constitute the discharge of 21 any liquidated damages provided under section 481A.130 . 22 4. Civil suits for the collection of judgments may be 23 prosecuted by the attorney general or by county attorneys. 24 Sec. 8. Section 481A.142, subsection 5, paragraph a, Code 25 2011, is amended to read as follows: 26 a. Sell bait, including minnows , and frogs, and clams, 27 propagated or raised within the licensed unit without having 28 to obtain a bait dealer’s license. However, aquaculture units 29 wishing to take bait from areas other than their licensed units 30 must also obtain a bait dealer’s license. 31 Sec. 9. Section 481A.144, subsection 1, Code 2011, is 32 amended to read as follows: 33 1. A person shall not sell minnows, frogs, crayfish, or 34 salamanders , and mussels for fish bait without first obtaining 35 -3- LSB 5217HV (2) 84 av/nh 3/ 8

H.F. 2409 a bait dealer’s license from the department upon payment 1 of the license fee. A licensee shall comply with all laws 2 pertaining to taking, possessing, and selling of bait handled 3 by the licensee. If convicted of violating a provision of this 4 chapter or a rule adopted pursuant to this chapter , a licensee 5 shall forfeit the licensee’s bait dealer license upon demand of 6 the director. 7 Sec. 10. Section 482.2, subsections 3, 7, 10, and 11, Code 8 2011, are amended to read as follows: 9 3. “Commercial fisher” means a person who is licensed by 10 the state to take, attempt to take, possess, transport, sell, 11 barter, or trade turtles or turtle eggs, commercial fish except 12 roe species, or fish parts except roe. A commercial fisher may 13 take, possess, or transport turtles or turtle eggs, or sell, 14 barter, or trade turtles or turtle eggs to a commercial turtle 15 buyer. 16 7. “Commercial roe harvester” means a person who is licensed 17 by the state to engage in the harvest and sale, barter, or 18 trade of roe and roe species to a commercial roe buyer . 19 10. “Commercial turtle harvester” means a person who is 20 licensed by the state to take, attempt to take, possess, or 21 transport commercial turtles or turtle eggs , and sell, barter, 22 or trade commercial turtles or turtle eggs to a commercial 23 turtle buyer . 24 11. “Commercial turtle harvesting” means taking, attempting 25 to take, possessing, or transporting of commercial turtles or 26 turtle eggs for the purpose of selling, bartering, trading, 27 offering, or exposing for sale commercial turtles or turtle 28 eggs to a commercial turtle buyer . 29 Sec. 11. Section 482.4, subsection 3, Code 2011, is amended 30 to read as follows: 31 3. Commercial fishers and commercial turtle harvesters 32 shall purchase gear tags from the commission to be affixed 33 provide and affix weather-resistant gear tags to each piece 34 of gear in use. Notwithstanding the fee rates for gear tags 35 -4- LSB 5217HV (2) 84 av/nh 4/ 8

H.F. 2409 under subsection 6 , the minimum fee is five dollars. All 1 tags are valid for ten years from the date of issue. In 2 addition to the gear tags, all gear shall be tagged with a Each 3 weather-resistant gear tag showing shall plainly show the name 4 and , address , and commercial license number of the licensee and 5 whether the gear is fish or turtle gear. 6 Sec. 12. Section 482.4, subsection 4, Code 2011, is amended 7 by striking the subsection. 8 Sec. 13. Section 482.4, subsection 6, Code 2011, is amended 9 by striking the subsection and inserting in lieu thereof the 10 following: 11 6. Commercial fish and turtle gear tags are required on the 12 following units of commercial gear: 13 a. Seine. 14 b. Trammel net. 15 c. Gill net. 16 d. Entrapment nets. 17 e. Commercial trotline. 18 f. Commercial turtle trap. 19 Sec. 14. Section 482.4, subsection 7, Code 2011, is amended 20 by striking the subsection. 21 Sec. 15. Section 482.11, subsection 1, paragraph a, Code 22 2011, is amended to read as follows: 23 a. A commercial turtle harvester license is required 24 to operate commercial gear and to take, attempt to take, 25 possess, or transport commercial turtles or turtle eggs , or 26 sell, barter, or trade commercial turtles or turtle eggs to 27 a commercial turtle buyer . Nonresident commercial turtle 28 harvesters shall harvest commercial turtles only from the 29 boundary waters. 30 Sec. 16. Section 482.14, subsection 3, Code 2011, is amended 31 to read as follows: 32 3. Commercial turtle harvesters shall utilize a dated 33 receipt with at least two parts, with one original and one 34 copy of each receipt, that contains the species, number, and 35 -5- LSB 5217HV (2) 84 av/nh 5/ 8

H.F. 2409 pounds of turtles sold, bartered, or traded. Commercial turtle 1 harvesters shall retain a copy of each receipt for five years 2 following the transaction. A purchaser of commercial turtles 3 shall retain a copy of the receipt for as long as the purchaser 4 is in possession of the turtles. 5 Sec. 17. Section 483A.1, subsection 2, paragraph s, Code 6 2011, is amended by striking the paragraph. 7 Sec. 18. Section 805.8B, subsection 6, paragraph c, Code 8 2011, is amended to read as follows: 9 c. For violations of section sections 461A.35, 461A.42, and 10 461A.44 , the scheduled fine is fifty dollars. 11 Sec. 19. REPEAL. Chapter 568, Code and Code Supplement 12 2011, is repealed. 13 EXPLANATION 14 This bill relates to various recreation and conservation 15 activities under the purview of the department of natural 16 resources, provides for repeals, and makes penalties 17 applicable. 18 Code section 461A.35 is amended to provide that a person who 19 commits certain destructive acts on state parks, preserves, 20 or other lands or waters under the control of the natural 21 resource commission commits a simple misdemeanor, punishable 22 as a scheduled violation with a fine of $50 pursuant to Code 23 section 805.8B(6)(c). Currently, such an offense is punishable 24 as a simple misdemeanor. 25 Code section 461A.42(2) is amended to provide that a 26 person who violates prohibitions against the use of firearms, 27 explosives, weapons, and fireworks in state parks and 28 preserves commits a simple misdemeanor, punishable as a 29 scheduled violation with a fine of $50 pursuant to Code 30 section 805.8B(6)(c). Currently, a violation of the weapon and 31 firearms prohibitions is punishable as a simple misdemeanor. 32 A violation of the fireworks prohibition is punishable 33 as a simple misdemeanor with a minimum fine of $250 and a 34 requirement of restitution if any damages were caused by the 35 -6- LSB 5217HV (2) 84 av/nh 6/ 8

H.F. 2409 violation, which may include but is not limited to community 1 service. 2 Code section 461A.57 is amended to coordinate with the 3 changes to 461A.35 and 461A.42. 4 Code section 481A.1(7) is amended to remove mussels from the 5 definition of bait. 6 Code section 481A.6A(1) is amended to specify that a 7 “pen-reared pheasant” that can be obtained by owners or tenants 8 of land from a hatchery and raised or released on that person’s 9 land includes only a Chinese ring-necked pheasant and does not 10 include other specified types of pheasants. 11 New Code section 481A.17 authorizes the department to 12 establish a target shooting sports program to promote 13 recreational target shooting sports and to adopt rules to 14 achieve the specified purposes of the program. 15 Code section 481A.131 is amended to remove a requirement 16 that the natural resource commission and the prosecuting 17 attorney or attorney general collect liquidated damages 18 collectible upon a conviction of unlawful taking, catching, 19 killing, injuring, destroying, or possessing fish, game, or 20 fur-bearing animals. Instead, any liquidated damages assessed 21 shall be paid to the clerk of court and remitted to the 22 department of natural resources and credited to the state fish 23 and game protection fund. 24 Code section 481A.142 is amended to provide that a holder of 25 an aquaculture unit license cannot sell clams as bait. 26 Code section 481A.144 is amended to provide that a licensed 27 bait dealer cannot sell mussels for fish bait. 28 Code section 482.2 is amended to provide that a licensed 29 commercial fisher is allowed to sell, barter, or trade turtles 30 or turtle eggs to a commercial turtle buyer, a licensed 31 commercial roe harvester is allowed to sell, barter, or trade 32 roe and roe species to a commercial roe buyer, and a licensed 33 commercial turtle harvester is allowed to sell, barter, or 34 trade commercial turtles or turtle eggs to a commercial turtle 35 -7- LSB 5217HV (2) 84 av/nh 7/ 8

H.F. 2409 buyer. 1 Code section 482.4(3) is amended to require commercial 2 fishers and commercial turtle harvesters to provide and 3 affix weather-resistant gear tags to each piece of gear in 4 use instead of purchasing the tags from the natural resource 5 commission. Each gear tag must plainly show the name, address, 6 and commercial license number of the licensee and whether the 7 gear is fish or turtle gear. 8 Code section 482.4(4) providing that all numbered fish gear 9 tags are interchangeable among the different types of gear is 10 stricken. 11 Code section 482.4(6) and (7) are amended to delete fees for 12 gear tags required on the specified units of commercial gear. 13 Code section 482.11(1)(a) is amended to provide that a 14 commercial turtle harvester licensee can sell, barter, or trade 15 commercial turtles or turtle eggs to a commercial turtle buyer. 16 Code section 483A.1(2)(s) providing for the sale of a 17 falconry license to nonresidents is stricken. 18 Code chapter 568, which authorizes the sale of certain 19 islands and abandoned river channels, is repealed. 20 -8- LSB 5217HV (2) 84 av/nh 8/ 8