SSB 1189 (LSB 1984XC (3) 86)

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 including penalty provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  481A.41  Control of disease in wildlife —— penalty.
   1.  If the commission finds that action is necessary to prevent or control the spread of disease in wildlife or in a particular species of wildlife in this state, the commission may, pursuant to rules adopted under chapter 17A, do any of the following:
   a.  Limit, close, expand, or open seasons for taking wildlife or a particular species of wildlife.
   b.  Limit, close, expand, or open areas of the state for hunting wildlife or a particular species of wildlife.
   c.  Reduce or increase limits on taking wildlife or a particular species of wildlife in specified areas of the state.
   d.  Establish disease management zones in the state.
   e.  Authorize the issuance of free hunting licenses for taking wildlife or a particular species of wildlife.
   f.  Allow hunting with a firearm from a motor vehicle of wildlife or a particular species of wildlife by persons designated to hunt in this manner by the department. If such hunting is allowed, the department shall develop, by rule, a wildlife disease prevention and control program and maintain a list of persons who are designated to hunt with a firearm from a motor vehicle for purposes of the program.
   g.  Require a hunter to provide a physical sample obtained from each animal of a particular species of wildlife that is taken by a hunter, for the purpose of conducting a disease-related test.
   h.  Limit the possession, transportation, and disposition of wildlife or a particular species of wildlife.
   i.  Restrict feeding of wildlife or a particular species of wildlife.
   2.  a.  A person who violates any provision of a rule adopted pursuant to this section is guilty of a simple misdemeanor punishable as a scheduled violation under section 805.8B, subsection 3, paragraph “e”.
   b.  In addition to any other penalties imposed under this section, a person charged with a violation of a rule adopted pursuant to subsection 1, paragraph “i”, restricting the feeding of wildlife or a particular species of wildlife shall immediately remove all feed that is in violation of the restriction. Failure to do so shall constitute an additional violation of this section for each day that the feed remains.
    Sec. 2.  Section 805.8B, subsection 3, paragraph e, Code 2015, is amended to read as follows:
   e.  For violations of sections 481A.41, 481A.57, 481A.85, 481A.93, 481A.95, 481A.120, 481A.137, 481B.5, 482.3, 482.9, 482.15, and 483A.42, the scheduled fine is one hundred dollars.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the control of disease in wildlife. The bill provides that if the natural resource commission finds that action is necessary to prevent or control the spread of disease in wildlife or in a particular species of wildlife, the commission may adopt rules that change hunting seasons, areas, and limits; establish disease management zones; authorize the issuance of free licenses; allow hunting with a firearm from a motor vehicle by designated persons; require hunters to provide physical samples from harvested wildlife for disease testing; limit the possession, transportation, and disposition of wildlife; and restrict wildlife feeding.
   A violation of a rule adopted pursuant to the bill is a simple misdemeanor punishable as a scheduled violation with a fine of $100. A person who violates a wildlife feeding restriction must also immediately remove all food that is in violation of the restriction and failure to do so is an additional violation for each day that the feed remains.