HF 703 (LSB 2274HV (2) 88)

HOUSE FILE 703

BY  COMMITTEE ON NATURAL RESOURCES

(SUCCESSOR TO HSB 217)

A BILL FOR

An Act prohibiting the use of unmanned vehicles to disturb, pursue, fish, or hunt wild animals and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  481A.125B  Unmanned vehicle —— prohibition —— exemptions —— civil penalties.
   1.  As used in this section:
   a.  “Radio control vehicle” means a vehicle, vessel, or other device that is operated remotely by a person using a transmitter to send radio waves to a receiver on the vehicle, vessel, or other device.
   b.  “Unmanned aerial vehicle” means the same as defined in section 719.9.
   c.  “Unmanned vehicle” includes an unmanned aerial vehicle and a radio control vehicle.
   2.  A person shall not disturb, pursue, fish, or hunt or assist in the disturbing, pursuing, fishing, or hunting of a wild animal by using an unmanned vehicle.
   3.  This section does not apply in the following circumstances:
   a.  Use of an unmanned aerial vehicle to track a downed deer over land open to the public for hunting, property on which the person has received permission from the owner or tenant to operate an unmanned aerial vehicle, or property owned or leased by that person.
   b.  Use of an unmanned aerial vehicle operating for commercial use unrelated to hunting and fishing in compliance with federal aviation administration regulations, authorizations, or exemptions.
   c.  Use of an unmanned vehicle by the department for purposes of removing or controlling invasive species.
   4.  A person who violates this section is subject to a civil penalty that shall be established, assessed, and collected by the department by rule. Moneys collected from imposition of a civil penalty pursuant to this subsection shall be deposited in the state fish and game protection fund created in section 456A.17. A civil penalty for a violation of this section shall not exceed ten thousand dollars for each violation. 
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits a person from using an unmanned vehicle, as defined in the bill, to disturb, pursue, fish, or hunt or assist in the disturbing, pursuing, fishing, or hunting of a wild animal. The bill does not prohibit a person from using an unmanned aerial vehicle to track a downed deer over land open to the public for hunting, property on which the person has received permission from the owner or tenant to operate an unmanned aerial vehicle, or property owned or leased by the person; does not prohibit the use of an unmanned aerial vehicle for commercial purposes unrelated to hunting and fishing as long as the use is in compliance with federal aviation administration regulations, authorizations, or exemptions; and does not prohibit the use of an unmanned vehicle by the department of natural resources for purposes of removing or controlling invasive species. A person who violates the bill is subject to a civil penalty established by the department by rule that shall not exceed $10,000 for each violation.