House Study Bill 616 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON NATURAL RESOURCES BILL BY CHAIRPERSON RAYHONS) A BILL FOR An Act relating to various recreation and conservation 1 activities under the purview of the department of natural 2 resources, providing for repeals, and making penalties 3 applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5217HC (2) 84 av/nh
H.F. _____ 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 5217HC (2) 84 av/nh 1/ 7
H.F. _____ 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.142, subsection 5, paragraph a, Code 32 2011, is amended to read as follows: 33 a. Sell bait, including minnows , and frogs, and clams, 34 propagated or raised within the licensed unit without having 35 -2- LSB 5217HC (2) 84 av/nh 2/ 7
H.F. _____ to obtain a bait dealer’s license. However, aquaculture units 1 wishing to take bait from areas other than their licensed units 2 must also obtain a bait dealer’s license. 3 Sec. 8. Section 481A.144, subsection 1, Code 2011, is 4 amended to read as follows: 5 1. A person shall not sell minnows, frogs, crayfish, or 6 salamanders , and mussels for fish bait without first obtaining 7 a bait dealer’s license from the department upon payment 8 of the license fee. A licensee shall comply with all laws 9 pertaining to taking, possessing, and selling of bait handled 10 by the licensee. If convicted of violating a provision of this 11 chapter or a rule adopted pursuant to this chapter , a licensee 12 shall forfeit the licensee’s bait dealer license upon demand of 13 the director. 14 Sec. 9. Section 482.2, subsections 3, 7, 10, and 11, Code 15 2011, are amended to read as follows: 16 3. “Commercial fisher” means a person who is licensed by 17 the state to take, attempt to take, possess, transport, sell, 18 barter, or trade turtles or turtle eggs, commercial fish except 19 roe species, or fish parts except roe. A commercial fisher may 20 take, possess, transport, or sell turtles or turtle eggs. 21 7. “Commercial roe harvester” means a person who is licensed 22 by the state to engage in the harvest and sale, but not barter , 23 or trade , of roe and roe species. 24 10. “Commercial turtle harvester” means a person who is 25 licensed by the state to take, attempt to take, possess, 26 transport, and sell, but not barter , or trade , commercial 27 turtles or turtle eggs. 28 11. “Commercial turtle harvesting” means taking, attempting 29 to take, possessing, or transporting of commercial turtles or 30 turtle eggs for the purpose of selling, bartering, trading, 31 offering, or exposing for sale , but not bartering or trading . 32 Sec. 10. Section 482.4, subsection 3, Code 2011, is amended 33 to read as follows: 34 3. Commercial fishers and commercial turtle harvesters 35 -3- LSB 5217HC (2) 84 av/nh 3/ 7
H.F. _____ shall purchase gear tags from the commission to be affixed 1 provide and affix weather-resistant gear tags to each piece 2 of gear in use. Notwithstanding the fee rates for gear tags 3 under subsection 6 , the minimum fee is five dollars. All 4 tags are valid for ten years from the date of issue. In 5 addition to the gear tags, all gear shall be tagged with a Each 6 weather-resistant gear tag showing shall plainly show the name 7 and , address , and commercial license number of the licensee and 8 whether the gear is fish or turtle gear. 9 Sec. 11. Section 482.4, subsection 4, Code 2011, is amended 10 by striking the subsection. 11 Sec. 12. Section 482.4, subsection 6, Code 2011, is amended 12 by striking the subsection and inserting in lieu thereof the 13 following: 14 6. Commercial fish and turtle gear tags are required on the 15 following units of commercial gear: 16 a. Seine. 17 b. Trammel net. 18 c. Gill net. 19 d. Entrapment nets. 20 e. Commercial trotline. 21 f. Commercial turtle trap. 22 Sec. 13. Section 482.4, subsection 7, Code 2011, is amended 23 by striking the subsection. 24 Sec. 14. Section 482.11, subsection 1, paragraph a, Code 25 2011, is amended to read as follows: 26 a. A commercial turtle harvester license is required to 27 operate commercial gear and to take, attempt to take, possess, 28 transport, or sell , barter, or trade commercial turtles or 29 turtle eggs. Nonresident commercial turtle harvesters shall 30 harvest commercial turtles only from the boundary waters. 31 Sec. 15. Section 482.14, subsection 3, Code 2011, is amended 32 to read as follows: 33 3. Commercial turtle harvesters shall utilize a dated 34 receipt with at least two parts, with one original and one 35 -4- LSB 5217HC (2) 84 av/nh 4/ 7
H.F. _____ copy of each receipt, that contains the species, number, and 1 pounds of turtles sold , bartered, or traded . Commercial turtle 2 harvesters shall retain a copy of each receipt for five years 3 following the transaction. A purchaser of commercial turtles 4 shall retain a copy of the receipt for as long as the purchaser 5 is in possession of the turtles. 6 Sec. 16. Section 483A.1, subsection 2, paragraph s, Code 7 2011, is amended by striking the paragraph. 8 Sec. 17. Section 805.8B, subsection 6, paragraph c, Code 9 2011, is amended to read as follows: 10 c. For violations of section sections 461A.35, 461A.42, and 11 461A.44 , the scheduled fine is fifty dollars. 12 Sec. 18. REPEAL. Chapter 568, Code and Code Supplement 13 2011, is repealed. 14 EXPLANATION 15 This bill relates to various recreation and conservation 16 activities under the purview of the department of natural 17 resources, provides for repeals, and makes penalties 18 applicable. 19 Code section 461A.35 is amended to provide that a person who 20 commits certain destructive acts on state parks, preserves, 21 or other lands or waters under the control of the natural 22 resource commission commits a simple misdemeanor, punishable 23 as a scheduled violation with a fine of $50 pursuant to Code 24 section 805.8B(6)(c). Currently, such an offense is punishable 25 as a simple misdemeanor. 26 Code section 461A.42(2) is amended to provide that a 27 person who violates prohibitions against the use of firearms, 28 explosives, weapons, and fireworks in state parks and 29 preserves commits a simple misdemeanor, punishable as a 30 scheduled violation with a fine of $50 pursuant to Code 31 section 805.8B(6)(c). Currently, a violation of the weapon and 32 firearms prohibitions is punishable as a simple misdemeanor. 33 A violation of the fireworks prohibition is punishable 34 as a simple misdemeanor with a minimum fine of $250 and a 35 -5- LSB 5217HC (2) 84 av/nh 5/ 7
H.F. _____ requirement of restitution if any damages were caused by the 1 violation, which may include but is not limited to community 2 service. 3 Code section 461A.57 is amended to coordinate with the 4 changes to 461A.35 and 461A.42. 5 Code section 481A.1(7) is amended to remove mussels from the 6 definition of bait. 7 Code section 481A.6A(1) is amended to specify that a 8 “pen-reared pheasant” that can be obtained by owners or tenants 9 of land from a hatchery and raised or released on that person’s 10 land includes only a Chinese ring-necked pheasant and does not 11 include other specified types of pheasants. 12 New Code section 481A.17 authorizes the department to 13 establish a target shooting sports program to promote 14 recreational target shooting sports and to adopt rules to 15 achieve the specified purposes of the program. 16 Code section 481A.142 is amended to provide that a holder of 17 an aquaculture unit license cannot sell clams as bait. 18 Code section 481A.144 is amended to provide that a licensed 19 bait dealer cannot sell mussels for fish bait. 20 Code section 482.2 is amended to provide that a licensed 21 commercial fisher is not allowed to barter or trade turtles 22 or turtle eggs, a licensed commercial roe harvester is not 23 allowed to barter or trade roe and roe species, and a licensed 24 commercial turtle harvester is not allowed to barter or trade 25 commercial turtles or turtle eggs. 26 Code section 482.4(3) is amended to require commercial 27 fishers and commercial turtle harvesters to provide and 28 affix weather-resistant gear tags to each piece of gear in 29 use instead of purchasing the tags from the natural resource 30 commission. Each gear tag must plainly show the name, address, 31 and commercial license number of the licensee and whether the 32 gear is fish or turtle gear. 33 Code section 482.4(4) providing that all numbered fish gear 34 tags are interchangeable among the different types of gear is 35 -6- LSB 5217HC (2) 84 av/nh 6/ 7
H.F. _____ stricken. 1 Code section 482.4(6) and (7) are amended to delete fees for 2 gear tags required on the specified units of commercial gear. 3 Code section 482.11(1)(a) is amended by deleting language 4 indicating that a commercial turtle harvester licensee 5 can barter or trade commercial turtles or turtle eggs. A 6 coordinating amendment is made in Code section 482.14(3). 7 Code section 483A.1(2)(s) providing for the sale of a 8 falconry license to nonresidents is stricken. 9 Code chapter 568, which authorizes the sale of certain 10 islands and abandoned river channels, is repealed. 11 -7- LSB 5217HC (2) 84 av/nh 7/ 7