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