Senate Study Bill 1189 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT BILL BY CHAIRPERSON DEARDEN) A BILL FOR An Act relating to the control of disease in wildlife and 1 including penalty provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1984XC (3) 86 av/nh

S.F. _____ Section 1. NEW SECTION . 481A.41 Control of disease in 1 wildlife —— penalty. 2 1. If the commission finds that action is necessary to 3 prevent or control the spread of disease in wildlife or in a 4 particular species of wildlife in this state, the commission 5 may, pursuant to rules adopted under chapter 17A, do any of the 6 following: 7 a. Limit, close, expand, or open seasons for taking wildlife 8 or a particular species of wildlife. 9 b. Limit, close, expand, or open areas of the state for 10 hunting wildlife or a particular species of wildlife. 11 c. Reduce or increase limits on taking wildlife or a 12 particular species of wildlife in specified areas of the state. 13 d. Establish disease management zones in the state. 14 e. Authorize the issuance of free hunting licenses for 15 taking wildlife or a particular species of wildlife. 16 f. Allow hunting with a firearm from a motor vehicle 17 of wildlife or a particular species of wildlife by persons 18 designated to hunt in this manner by the department. If such 19 hunting is allowed, the department shall develop, by rule, a 20 wildlife disease prevention and control program and maintain a 21 list of persons who are designated to hunt with a firearm from 22 a motor vehicle for purposes of the program. 23 g. Require a hunter to provide a physical sample obtained 24 from each animal of a particular species of wildlife that 25 is taken by a hunter, for the purpose of conducting a 26 disease-related test. 27 h. Limit the possession, transportation, and disposition of 28 wildlife or a particular species of wildlife. 29 i. Restrict feeding of wildlife or a particular species of 30 wildlife. 31 2. a. A person who violates any provision of a rule adopted 32 pursuant to this section is guilty of a simple misdemeanor 33 punishable as a scheduled violation under section 805.8B, 34 subsection 3, paragraph “e” . 35 -1- LSB 1984XC (3) 86 av/nh 1/ 2

S.F. _____ b. In addition to any other penalties imposed under 1 this section, a person charged with a violation of a rule 2 adopted pursuant to subsection 1, paragraph “i” , restricting 3 the feeding of wildlife or a particular species of wildlife 4 shall immediately remove all feed that is in violation of the 5 restriction. Failure to do so shall constitute an additional 6 violation of this section for each day that the feed remains. 7 Sec. 2. Section 805.8B, subsection 3, paragraph e, Code 8 2015, is amended to read as follows: 9 e. For violations of sections 481A.41, 481A.57 , 481A.85 , 10 481A.93 , 481A.95 , 481A.120 , 481A.137 , 481B.5 , 482.3 , 482.9 , 11 482.15 , and 483A.42 , the scheduled fine is one hundred dollars. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill relates to the control of disease in wildlife. The 16 bill provides that if the natural resource commission finds 17 that action is necessary to prevent or control the spread of 18 disease in wildlife or in a particular species of wildlife, the 19 commission may adopt rules that change hunting seasons, areas, 20 and limits; establish disease management zones; authorize the 21 issuance of free licenses; allow hunting with a firearm from 22 a motor vehicle by designated persons; require hunters to 23 provide physical samples from harvested wildlife for disease 24 testing; limit the possession, transportation, and disposition 25 of wildlife; and restrict wildlife feeding. 26 A violation of a rule adopted pursuant to the bill is a 27 simple misdemeanor punishable as a scheduled violation with 28 a fine of $100. A person who violates a wildlife feeding 29 restriction must also immediately remove all food that is 30 in violation of the restriction and failure to do so is an 31 additional violation for each day that the feed remains. 32 -2- LSB 1984XC (3) 86 av/nh 2/ 2