House Study Bill 162 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON NATURAL RESOURCES BILL BY CHAIRPERSON BACON) 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 1947YC (1) 88 js/rn

H.F. _____ 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 1947YC (1) 88 js/rn 1/ 4

H.F. _____ 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. This does not preclude the establishment of a 23 separate crossbow season. 24 e. A person who violates paragraph “c” shall, in lieu of the 25 provisions of section 481A.32, be assessed a minimum fine of 26 one hundred dollars. Each carcass transported into the state 27 in violation of paragraph “c” shall be a separate offense. 28 f. In administering paragraph “b” , all of the following 29 shall apply: 30 (1) An employee or agent of the department shall not enter 31 private property in an investigative capacity without the 32 consent of the owner or occupant except when accompanying 33 a peace officer executing a search warrant pursuant to 34 chapter 808. An employee or officer may stop at a residence 35 -2- LSB 1947YC (1) 88 js/rn 2/ 4

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

H.F. _____ the spread of disease through that animal population. However, 1 when creating a wild animal disease management zone, the 2 commission shall not create an out-of-pocket expense for a 3 landowner or occupant whose property exists within the zone. 4 The commission also shall not prohibit a landowner or occupant 5 from using fences, gates, or other methods to prevent wildlife 6 from naturally congregating on the property and the commission 7 shall not prohibit a landowner or occupant from using salt 8 blocks or feed stations for the landowner’s or occupant’s own 9 domestic animals or a bird feeder within 100 feet of a private 10 residence. 11 The bill prohibits the importation of Cervidae carcasses 12 into the state from any state, province, or country where 13 chronic wasting disease has been confirmed within either 14 captive or wild cervid populations except under certain 15 conditions. 16 A person who transports a Cervidae carcass into the state 17 in violation of the provisions of the bill shall be assessed a 18 minimum $100 fine. 19 The bill takes effect upon enactment. 20 -4- LSB 1947YC (1) 88 js/rn 4/ 4