House File 2118 - Introduced HOUSE FILE 2118 BY DONAHUE A BILL FOR An Act relating to the taking of black bears, gray wolves, and 1 mountain lions, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5857YH (3) 89 js/rn

H.F. 2118 Section 1. Section 456A.17, subsection 2, Code 2022, is 1 amended to read as follows: 2 2. The state fish and game protection fund, except as 3 otherwise provided, consists of all moneys accruing from 4 license fees , civil penalties levied pursuant to section 5 481A.41, and all other sources of revenue arising under the 6 fish and wildlife programs. Notwithstanding section 12C.7, 7 subsection 2 , interest or earnings on investments or time 8 deposits of the moneys in the state fish and game protection 9 fund shall be credited to that fund. 10 Sec. 2. Section 481A.1, subsection 20, Code 2022, is amended 11 to read as follows: 12 20. “Fur-bearing animals” means the following which 13 are declared to be fur-bearing animals for the purpose of 14 regulation and protection under the Code: beaver, badger, 15 mink, otter, muskrat, raccoon, skunk, opossum, spotted skunk or 16 civet cat, weasel, coyote, bobcat, wolf, groundhog, red fox, 17 and gray fox. This chapter does not apply to domesticated 18 fur-bearing animals. 19 Sec. 3. NEW SECTION . 481A.41 Taking black bears, gray 20 wolves, and mountain lions prohibited —— exceptions. 21 1. Unless otherwise provided by law, a person shall not take 22 a black bear, gray wolf, or mountain lion. 23 2. Unless such take is otherwise prohibited by federal law, 24 this section does not apply to any of the following: 25 a. The take of a black bear, gray wolf, or mountain lion 26 if taking such animal is immediately necessary to protect a 27 person or companion animal from bodily harm. A person shall 28 notify the department within twenty-four hours after taking 29 the animal under this paragraph. No black bear, gray wolf, or 30 mountain lion, or any part of the animal, taken pursuant to 31 this paragraph may be retained, sold, or removed from the site 32 without prior authorization from the department. 33 b. The take of a black bear, gray wolf, or mountain lion by 34 a law enforcement officer or licensed veterinarian acting in 35 -1- LSB 5857YH (3) 89 js/rn 1/ 4

H.F. 2118 the course and scope of official duties. 1 c. The take of a black bear, gray wolf, or mountain lion by 2 a landowner or lessee who is a livestock owner if such take is 3 immediately necessary to protect livestock from a black bear, 4 gray wolf, or mountain lion, and in order to protect against 5 further loss of livestock, subject to the following conditions: 6 (1) The take is not otherwise prohibited by state law. 7 (2) The livestock owner submits a written request to the 8 department that includes a detailed description of the attack 9 or attacks, including documented evidence of the species 10 involved, the precise location of all attacks, the dates on 11 which each attack occurred, evidence that attacks are ongoing, 12 and pictures of the scene and of injured or killed livestock 13 from all attacks. 14 (3) The department finds, based on the written request, that 15 the livestock attacks have most likely been caused by a black 16 bear, gray wolf, or mountain lion. 17 (4) Dogs, traps, and snares are not used during the take of 18 any black bear, gray wolf, or mountain lion pursuant to this 19 paragraph. 20 (5) The livestock owner files a written report within five 21 days after the take under this paragraph. 22 (6) No portion of a black bear, gray wolf, or mountain lion 23 taken under this paragraph shall be retained, sold, or removed 24 from the site without authorization from the department. 25 (7) No black bear, gray wolf, or mountain lion taken under 26 this paragraph shall be held in captivity unless for purposes 27 of relocation by the department or rehabilitation by a licensed 28 wildlife rehabilitator. 29 d. The take of a black bear, gray wolf, or mountain lion 30 pursuant to a permit or license issued by the department under 31 section 481A.65 provided, however, that such take is not for 32 the purpose of killing the animal and provided that possession 33 or transport of the animal is not otherwise prohibited by 34 chapter 717F. 35 -2- LSB 5857YH (3) 89 js/rn 2/ 4

H.F. 2118 e. The take of a black bear, gray wolf, or mountain lion if 1 such take is expressly authorized by federal law. 2 3. A person who violates this section is guilty of an 3 aggravated misdemeanor. 4 4. A person who violates this section is subject to a civil 5 penalty levied by the department of not more than two thousand 6 dollars for each violation of this section. The moneys 7 collected from imposition of a civil penalty shall be deposited 8 in the state fish and game protection fund. 9 Sec. 4. Section 481A.130, subsection 1, paragraph a, Code 10 2022, is amended to read as follows: 11 a. For each black bear, gray wolf, mountain lion, elk, 12 antelope, buffalo, or moose, two thousand five hundred dollars. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill relates to the taking of black bears, gray wolves, 17 and mountain lions. 18 The bill removes wolves from the definition of “fur-bearing 19 animals”. The bill prohibits a person from taking a black 20 bear, gray wolf, or mountain lion unless such take is otherwise 21 authorized. The bill provides exceptions to the prohibition 22 provided taking pursuant to an exception does not violate 23 federal law. The bill provides additional requirements for a 24 landowner or lessee who is a livestock owner who takes a black 25 bear, gray wolf, or mountain lion when such take is immediately 26 necessary to protect livestock. 27 A person who violates the bill commits an aggravated 28 misdemeanor. An aggravated misdemeanor is punishable by 29 confinement for no more than two years and a fine of at least 30 $855 but not more than $8,540. The person is subject to a civil 31 penalty of not more than $2,000 for each violation with the 32 moneys collected being deposited in the state fish and game 33 protection fund. Additionally, the person shall reimburse 34 the state for the value of the unlawfully taken animal in the 35 -3- LSB 5857YH (3) 89 js/rn 3/ 4

H.F. 2118 amount of $2,500. A black bear, gray wolf, or mountain lion 1 taken in violation of the bill is subject to seizure by the 2 director of the department of natural resources. 3 -4- LSB 5857YH (3) 89 js/rn 4/ 4