S.F. 381 Section 1. NEW SECTION . 481A.41 Wildlife disease prevention 1 and control program —— disease management zones —— penalties. 2 1. The commission, by rules adopted under chapter 17A, shall 3 develop a wildlife disease prevention and control program to 4 prevent or control the spread of contagious, infectious, or 5 communicable diseases in wildlife or in a particular species of 6 wildlife in this state. The commission, in cooperation with 7 the state veterinarian, shall specify, by rule, the diseases 8 to be targeted by the program. 9 2. If the commission finds that action is necessary to 10 prevent or control the spread of a contagious, infectious, or 11 communicable disease in wildlife or in a particular species of 12 wildlife in this state, the commission may designate any area 13 in the state as a disease management zone and do any of the 14 following within a designated disease management zone: 15 a. Limit, close, expand, or open seasons for taking wildlife 16 or a particular species of wildlife. 17 b. Limit, close, expand, or open areas for hunting wildlife 18 or a particular species of wildlife. 19 c. Reduce or increase limits on taking wildlife or a 20 particular species of wildlife. 21 d. Authorize the issuance of free hunting licenses for 22 taking wildlife or a particular species of wildlife. 23 e. Allow hunting with a firearm from a motor vehicle 24 of wildlife or a particular species of wildlife by persons 25 designated to hunt in this manner by the department. If such 26 hunting is allowed, the department shall develop and maintain a 27 list of persons who are designated to hunt with a firearm from 28 a motor vehicle for purposes of the wildlife disease prevention 29 and control program. 30 f. Require a hunter to provide a physical sample obtained 31 from each animal of a particular species of wildlife that is 32 taken by a hunter in the disease management zone, for the 33 purpose of conducting a disease-related test. 34 g. Limit the possession, transportation, and disposition of 35 -1- LSB 1984SV (2) 86 av/nh 1/ 4

S.F. 381 wildlife or a particular species of wildlife. 1 h. Restrict feeding of wildlife or a particular species of 2 wildlife. 3 3. The commission shall develop, by rule, procedures for 4 designating an area of the state as a disease management zone. 5 The procedures shall include all of the following: 6 a. Criteria for the department to utilize in proposing 7 designation of an area as a disease management zone to the 8 commission. 9 b. Criteria and strategies for the department to utilize in 10 developing a proposed action plan for preventing or controlling 11 disease in a designated area. A proposed action plan shall 12 be developed by the department, in cooperation with the state 13 veterinarian. 14 c. Criteria for the commission to utilize in approving or 15 disapproving a proposed designation of an area as a disease 16 management zone or a proposed action plan for preventing or 17 controlling disease in a designated area. 18 4. The department shall hold a public hearing in the area 19 proposed for designation as a disease management zone, prior to 20 approval or disapproval of the proposed designation or proposed 21 action plan for the area by the commission. 22 a. The purpose of the public hearing shall be to engage 23 stakeholders in the designation and action plan process, 24 including stakeholders who own or lease land or reside in 25 the proposed designated area as well as other stakeholders 26 who own or lease land or reside in the vicinity of the 27 proposed designated area or will otherwise be impacted by the 28 designation or the proposed action plan. 29 b. The department shall also solicit public comments on 30 the proposed designation and action plan from the stakeholders 31 described in paragraph “a” . 32 5. The department shall present any public testimony and 33 public comments received for consideration by the commission 34 in determining whether to approve, disapprove, or modify the 35 -2- LSB 1984SV (2) 86 av/nh 2/ 4

S.F. 381 proposed designation of an area as a disease management zone or 1 the proposed action plan for a designated area. 2 6. a. A person who violates any provision of a rule adopted 3 pursuant to this section is guilty of a simple misdemeanor 4 punishable as a scheduled violation under section 805.8B, 5 subsection 3, paragraph “e” . 6 b. In addition to any other penalties imposed under this 7 section, a person charged with a violation of a rule adopted 8 pursuant to subsection 2, paragraph “h” , restricting the 9 feeding of wildlife or a particular species of wildlife, 10 shall immediately remove all feed that is in violation of the 11 restriction. Failure to do so shall constitute an additional 12 violation of this section for each day that the feed remains. 13 7. This section shall not be construed to modify any 14 provision of law relating to trespass or property rights. 15 Sec. 2. Section 805.8B, subsection 3, paragraph e, Code 16 2015, is amended to read as follows: 17 e. For violations of sections 481A.41, 481A.57 , 481A.85 , 18 481A.93 , 481A.95 , 481A.120 , 481A.137 , 481B.5 , 482.3 , 482.9 , 19 482.15 , and 483A.42 , the scheduled fine is one hundred dollars. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill relates to the control of disease in wildlife. 24 The bill requires the natural resource commission to develop 25 a wildlife disease prevention and control program. If the 26 commission finds that action is necessary to prevent or control 27 the spread of disease in wildlife or in a particular species of 28 wildlife, the commission may designate any area in the state as 29 a disease management zone and adopt rules that change hunting 30 seasons, areas, and limits; authorize the issuance of free 31 licenses; allow hunting with a firearm from a motor vehicle 32 by designated persons; require hunters to provide physical 33 samples from harvested wildlife for disease testing; limit the 34 possession, transportation, and disposition of wildlife; and 35 -3- LSB 1984SV (2) 86 av/nh 3/ 4

S.F. 381 restrict wildlife feeding. 1 The commission is also required to develop, by rule, 2 procedures for designating an area of the state as a disease 3 management zone including developing an action plan. The 4 department of natural resources is required to hold a public 5 hearing and solicit public comment on a proposed disease 6 management zone and action plan from stakeholders who own 7 or lease land or reside in the affected area. The public 8 testimony and comments must be considered by the commission 9 before approving, disapproving, or modifying a proposed zone 10 or action plan. 11 A violation of a rule adopted pursuant to the bill is a 12 simple misdemeanor punishable as a scheduled violation with 13 a fine of $100. A person who violates a wildlife feeding 14 restriction must also immediately remove all food that is 15 in violation of the restriction and failure to do so is an 16 additional violation for each day that the feed remains. 17 -4- LSB 1984SV (2) 86 av/nh 4/ 4