SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF NATURAL RESOURCES BILL)

A BILL FOR

An Act relating to various recreation and conservation activities under the purview of the department of natural resources, providing for repeals, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 461A.35, Code 2011, is amended to read as follows:
   461A.35  Prohibited destructive acts.
   1.  It shall be unlawful for any person to use, enjoy the privileges of, destroy, injure, or deface plant life, trees, buildings, or other natural or material property, or to construct or operate for private or commercial purposes any structure, or to remove any plant life, trees, buildings, sand, gravel, ice, earth, stone, wood, or other natural material, or to operate vehicles, within the boundaries of any state park, preserve, or stream or any other lands or waters under the jurisdiction of the commission for any purpose whatsoever, except upon the terms, conditions, limitations, and restrictions as set forth by the commission.
   2.  A person who violates this section commits a simple misdemeanor, punishable as a scheduled violation pursuant to section 805.8B, subsection 6, paragraph “c”.
    Sec. 2.  Section 461A.42, subsection 2, Code 2011, is amended to read as follows:
   2.  The use of fireworks, as defined in section 727.2, in state parks and preserves is prohibited except as authorized by a permit issued by the department. The commission shall establish, by rule adopted pursuant to chapter 17A, a fireworks permit system which authorizes the issuance of a limited number of permits to qualified persons to use or display fireworks in selected state parks and preserves.
   3.  A person violating this subsection
 
section is guilty of a simple misdemeanor
 
punishable as a scheduled violation pursuant to section 805.8B, subsection 6, paragraph “c”. In addition to any other penalties, the punishment imposed for a violation of this subsection shall include assessment of a fine of not less than two hundred fifty dollars. The court shall order restitution if any damages were caused by the violation which may include, but is not limited to, community service.
    Sec. 3.  Section 461A.57, Code 2011, is amended to read as follows:
   461A.57  Penalties.
   Any person violating any of the provisions of sections 461A.35
 
461A.36 to
 
461A.41, 461A.43, and 461A.45 to 461A.56 is guilty of a simple misdemeanor.
    Sec. 4.  Section 481A.1, subsection 7, Code 2011, is amended to read as follows:
   7.  “Bait” includes, but is not limited to, minnows, green sunfish, orange-spotted sunfish, gizzard shad, frogs, crayfish,
 
and salamanders, and mussels.
    Sec. 5.  Section 481A.6A, subsection 1, Code 2011, is amended to read as follows:
   1.  As used in this section, “pen-reared pheasant” means a
 
Chinese ring-necked pheasant
 
(Phasianus colchicus torquatus) which originates from a captive population and which has been propagated and held by a hatchery. 
 
For the purposes of this section “pen-reared pheasant” does not include a Reeves (Syrmaticus reevesii) or Lady Amherst (Chrysolophus amherstiae) pheasant, a subspecies of the Chinese ring-necked pheasant such as a Japanese (Phasianus vesicolor) or a Black-necked (P. colchicus colchicus) pheasant, or a melanistic mutant (black, white, or other color mix) of the Chinese ring-necked pheasant.
    Sec. 6.  NEW SECTION.  481A.17  Target shooting sports program.
   The department shall establish a target shooting sports program to promote recreational target shooting sports. The purposes of the program shall be to introduce more Iowans to target shooting sports, promote existing target shooting programs, provide more target shooting facilities, and improve existing target shooting facilities. The commission may adopt rules to achieve these purposes.
    Sec. 7.  Section 481A.142, subsection 5, paragraph a, Code 2011, is amended to read as follows:
   a.  Sell bait, including minnows,
 
and frogs, and clams, propagated or raised within the licensed unit without having to obtain a bait dealer’s license. However, aquaculture units wishing to take bait from areas other than their licensed units must also obtain a bait dealer’s license.
    Sec. 8.  Section 481A.144, subsection 1, Code 2011, is amended to read as follows:
   1.  A person shall not sell minnows, frogs, crayfish,
 
or salamanders, and mussels for fish bait without first obtaining a bait dealer’s license from the department upon payment of the license fee. A licensee shall comply with all laws pertaining to taking, possessing, and selling of bait handled by the licensee. If convicted of violating a provision of this chapter or a rule adopted pursuant to this chapter, a licensee shall forfeit the licensee’s bait dealer license upon demand of the director.
    Sec. 9.  Section 482.2, subsections 3, 7, 10, and 11, Code 2011, are amended to read as follows:
   3.  “Commercial fisher” means a person who is licensed by the state to take, attempt to take, possess, transport, sell, barter, or trade turtles or turtle eggs, commercial fish except roe species, or fish parts except roe.

A commercial fisher may take, possess, transport, or sell turtles or turtle eggs.
   7.  “Commercial roe harvester” means a person who is licensed by the state to engage in the harvest and sale,
 
but not barter, or trade, of roe and roe species.
   10.  “Commercial turtle harvester” means a person who is licensed by the state to take, attempt to take, possess, transport, and sell,
 
but not barter, or trade, commercial turtles or turtle eggs.
   11.  “Commercial turtle harvesting” means taking, attempting to take, possessing, or transporting of commercial turtles or turtle eggs for the purpose of selling, bartering, trading, offering, or exposing for sale, but not bartering or trading.
    Sec. 10.  Section 482.4, subsection 3, Code 2011, is amended to read as follows:
   3.  Commercial fishers and commercial turtle harvesters shall purchase gear tags from the commission to be affixed
 
provide and affix weather-resistant gear tags to each piece of gear in use. Notwithstanding the fee rates for gear tags under subsection 6, the minimum fee is five dollars. All tags are valid for ten years from the date of issue. In addition to the gear tags, all gear shall be tagged with a
 
Each weather-resistant
 
gear tag showing
 
shall plainly show the name and, address, and commercial license number of the licensee and whether the gear is fish or turtle gear.
    Sec. 11.  Section 482.4, subsection 4, Code 2011, is amended by striking the subsection.
    Sec. 12.  Section 482.4, subsection 6, Code 2011, is amended by striking the subsection and inserting in lieu thereof the following:
   6.  Commercial fish and turtle gear tags are required on the following units of commercial gear:
   a.  Seine.
   b.  Trammel net.
   c.  Gill net.
   d.  Entrapment nets.
   e.  Commercial trotline.
   f.  Commercial turtle trap.
    Sec. 13.  Section 482.4, subsection 7, Code 2011, is amended by striking the subsection.
    Sec. 14.  Section 482.11, subsection 1, paragraph a, Code 2011, is amended to read as follows:
   a.  A commercial turtle harvester license is required to operate commercial gear and to take, attempt to take, possess, transport,
 
or sell, barter, or trade commercial turtles or turtle eggs. Nonresident commercial turtle harvesters shall harvest commercial turtles only from the boundary waters.
    Sec. 15.  Section 482.14, subsection 3, Code 2011, is amended to read as follows:
   3.  Commercial turtle harvesters shall utilize a dated receipt with at least two parts, with one original and one copy of each receipt, that contains the species, number, and pounds of turtles sold, bartered, or traded. Commercial turtle harvesters shall retain a copy of each receipt for five years following the transaction. A purchaser of commercial turtles shall retain a copy of the receipt for as long as the purchaser is in possession of the turtles.
    Sec. 16.  Section 483A.1, subsection 2, paragraph s, Code 2011, is amended by striking the paragraph.
    Sec. 17.  Section 805.8B, subsection 6, paragraph c, Code 2011, is amended to read as follows:
   c.  For violations of section
 
sections 461A.35, 461A.42, and 461A.44, the scheduled fine is fifty dollars.
    Sec. 18.  REPEAL.  Chapter 568, Code and Code Supplement 2011, is repealed.
EXPLANATION
   This bill relates to various recreation and conservation activities under the purview of the department of natural resources, provides for repeals, and makes penalties applicable.
   Code section 461A.35 is amended to provide that a person who commits certain destructive acts on state parks, preserves, or other lands or waters under the control of the natural resource commission commits a simple misdemeanor, punishable as a scheduled violation with a fine of $50 pursuant to Code section 805.8B(6)(c). Currently, such an offense is punishable as a simple misdemeanor.
   Code section 461A.42(2) is amended to provide that a person who violates prohibitions against the use of firearms, explosives, weapons, and fireworks in state parks and preserves commits a simple misdemeanor, punishable as a scheduled violation with a fine of $50 pursuant to Code section 805.8B(6)(c). Currently, a violation of the weapon and firearms prohibitions is punishable as a simple misdemeanor. A violation of the fireworks prohibition is punishable as a simple misdemeanor with a minimum fine of $250 and a requirement of restitution if any damages were caused by the violation, which may include but is not limited to community service.
   Code section 461A.57 is amended to coordinate with the changes to 461A.35 and 461A.42.
   Code section 481A.1(7) is amended to remove mussels from the definition of bait.
   Code section 481A.6A(1) is amended to specify that a “pen-reared pheasant” that can be obtained by owners or tenants of land from a hatchery and raised or released on that person’s land includes only a Chinese ring-necked pheasant and does not include other specified types of pheasants.
   New Code section 481A.17 authorizes the department to establish a target shooting sports program to promote recreational target shooting sports and to adopt rules to achieve the specified purposes of the program.
   Code section 481A.142 is amended to provide that a holder of an aquaculture unit license cannot sell clams as bait.
   Code section 481A.144 is amended to provide that a licensed bait dealer cannot sell mussels for fish bait.
   Code section 482.2 is amended to provide that a licensed commercial fisher is not allowed to barter or trade turtles or turtle eggs, a licensed commercial roe harvester is not allowed to barter or trade roe and roe species, and a licensed commercial turtle harvester is not allowed to barter or trade commercial turtles or turtle eggs.
   Code section 482.4(3) is amended to require commercial fishers and commercial turtle harvesters to provide and affix weather-resistant gear tags to each piece of gear in use instead of purchasing the tags from the natural resource commission. Each gear tag must plainly show the name, address, and commercial license number of the licensee and whether the gear is fish or turtle gear.
   Code section 482.4(4) providing that all numbered fish gear tags are interchangeable among the different types of gear is stricken.
   Code section 482.4(6) and (7) are amended to delete fees for gear tags required on the specified units of commercial gear.
   Code section 482.11(1)(a) is amended by deleting language indicating that a commercial turtle harvester licensee can barter or trade commercial turtles or turtle eggs. A coordinating amendment is made in Code section 482.14(3).
   Code section 483A.1(2)(s) providing for the sale of a falconry license to nonresidents is stricken.
   Code chapter 568, which authorizes the sale of certain islands and abandoned river channels, is repealed.