House File 530 - Introduced HOUSE FILE 530 BY COMMITTEE ON NATURAL RESOURCES (SUCCESSOR TO HSB 162) A BILL FOR An Act relating to the management of the spread of diseases in 1 wild animals, making penalties applicable, and including 2 effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1947HV (2) 88 js/rn

H.F. 530 Section 1. Section 481A.38, subsection 1, Code 2019, is 1 amended to read as follows: 2 1. a. The commission may upon its own motion and after an 3 investigation, alter, limit, or restrict the methods or means 4 employed and the instruments or equipment used in taking wild 5 mammals, birds subject to section 481A.48 , fish, reptiles, 6 and amphibians, if the investigation reveals that the action 7 would be desirable or beneficial in promoting the interests of 8 conservation , or the commission may, after an investigation 9 when it is found there is imminent danger of loss of fish 10 through natural causes, authorize the taking of fish by means 11 found advisable to salvage imperiled fish populations . 12 b. The commission shall act to prevent, control, or 13 eradicate an infectious or contagious disease in any wild 14 animal as necessary to comply with section 456A.23. After 15 an investigation when it is found there is imminent danger 16 of loss of fish through natural causes, the commission may 17 authorize the taking of fish by means found advisable to 18 salvage imperiled fish populations. Upon the discovery of 19 an infectious or contagious disease in any wild animal, the 20 commission may establish a wild animal disease management zone 21 and take such actions within the zone as are necessary to 22 protect wild animal health and conserve biological balance. 23 Such actions are limited to establishing special seasons, 24 preventing the artificial movement of wild animals, wild 25 animal carcasses, or parts thereof, and requiring disease 26 sample collection from harvested wild animals. The commission 27 shall give at least twenty-four hours’ notice by mail or 28 electronic means before establishing a disease management 29 zone and such notice shall identify the specific activity 30 requirements or restrictions imposed in the zone that shall 31 apply to both public and private lands with the zone. Any 32 requirement or restriction imposed in the zone shall not create 33 an out-of-pocket expense for a landowner or occupant whose 34 property exists within the zone. 35 -1- LSB 1947HV (2) 88 js/rn 1/ 4

H.F. 530 c. The importation into the state of hunter-harvested 1 Cervidae carcasses from any state, province, or country that 2 chronic wasting disease has been confirmed within either 3 captive or wild cervid populations is prohibited, except for: 4 (1) Quarters or other portions of meat with no part of the 5 spinal column or head attached. 6 (2) Meat that is boned out or that is cut and wrapped, 7 either commercially or privately. 8 (3) Hides and teeth. 9 (4) Antlers or skull plates with antlers attached but with 10 no brain tissue attached. 11 (5) Finished taxidermy mounts. 12 Nonresidents transporting whole or partial carcasses on a 13 direct route through Iowa are exempt from this prohibition. 14 b. d. The commission shall adopt a rule permitting a 15 crossbow to be used only by individuals with disabilities 16 who are physically incapable of using a bow and arrow under 17 the conditions in which a bow and arrow is permitted. The 18 commission shall prepare an application to be used by an 19 individual requesting the status. The application shall 20 require the individual’s physician to sign a statement 21 declaring that the individual is not physically able to use a 22 bow and arrow. 23 e. A person who violates paragraph “c” shall, in lieu of the 24 provisions of section 481A.32, be assessed a minimum fine of 25 one hundred dollars. Each carcass transported into the state 26 in violation of paragraph “c” shall be a separate offense. 27 f. In administering paragraph “b” , all of the following 28 shall apply: 29 (1) An employee or officer may stop at a residence or 30 approach a landowner or occupant in the field when in visual 31 sight for public relations purposes or to seek verbal or 32 written consent to collect wildlife samples. 33 (2) Absent a written agreement between the landowner or 34 occupant and the commission, the commission shall not: 35 -2- LSB 1947HV (2) 88 js/rn 2/ 4

H.F. 530 (a) Prohibit the landowner or occupant from preventing 1 the natural congregation of wildlife on the landowner’s or 2 occupant’s property through the use of fences, gates, or other 3 methods that restrict wildlife access to gardens, feed lots, 4 food plots, tree farms, game farms, or other private land 5 needing protection from wildlife as long as the methods used 6 are not dangerous to wildlife. 7 (b) The commission may adopt rules applicable within a 8 disease management zone to prevent the artificial attraction 9 and congregation of wildlife in concentrated areas through 10 the use of salt blocks, mineral blocks, feed stations, or 11 other attractants as deemed necessary to prevent the spread 12 of infectious disease in wildlife populations. However, the 13 commission shall not prevent a landowner or occupant from using 14 the following: 15 (i) Salt blocks or feed stations for the landowner’s or 16 occupant’s own domestic animals. 17 (ii) A bird feeder within one hundred feet of a private 18 residence. 19 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 20 importance, takes effect upon enactment. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill requires the natural resource commission to act 25 to prevent, control, or eradicate an infectious or contagious 26 disease in any wild animal. The bill authorizes the commission 27 to establish a disease management zone for any wild animal, 28 upon the finding of an infectious or contagious disease in a 29 population of that animal, and take certain actions to prevent 30 the spread of disease through that animal population. However, 31 when creating a wild animal disease management zone, the 32 commission shall not create an out-of-pocket expense for a 33 landowner or occupant whose property exists within the zone. 34 The commission also shall not prohibit a landowner or occupant 35 -3- LSB 1947HV (2) 88 js/rn 3/ 4

H.F. 530 from using fences, gates, or other methods to prevent wildlife 1 from naturally congregating on the property and the commission 2 shall not prohibit a landowner or occupant from using salt 3 blocks or feed stations for the landowner’s or occupant’s own 4 domestic animals or a bird feeder within 100 feet of a private 5 residence. 6 The bill prohibits the importation of Cervidae carcasses 7 into the state from any state, province, or country where 8 chronic wasting disease has been confirmed within either 9 captive or wild cervid populations except under certain 10 conditions. 11 A person who transports a Cervidae carcass into the state 12 in violation of the provisions of the bill shall be assessed a 13 minimum $100 fine. 14 The bill takes effect upon enactment. 15 -4- LSB 1947HV (2) 88 js/rn 4/ 4