House File 2362 - Introduced HOUSE FILE 2362 BY ISENHART A BILL FOR An Act relating to the regulation of protected and endangered 1 species in counties and cities, and making appropriations. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5176HH (4) 90 lh/js

H.F. 2362 Section 1. Section 331.301, Code 2024, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 23. a. A county may adopt ordinances in 3 accordance with section 331.307 to comply with the obligations, 4 policies, and procedures of the federal Migratory Bird 5 Treaty Act, the federal Endangered Species Act, and chapter 6 481B, which ordinances shall include but not be limited to 7 prohibitions against incidental take of migratory birds. 8 b. Moneys collected from civil penalties assessed under 9 an ordinance adopted pursuant to this subsection shall be 10 used for development and implementation of a plan supporting 11 the protection and expansion of grassland, woodland, and 12 wetland wildlife habitat in the county. If the county has not 13 adopted such a plan, the moneys collected shall be deposited 14 in the general fund of the state and are appropriated to the 15 department of natural resources to advance goals set forth in 16 the Iowa wildlife action plan relating to migratory birds and 17 endangered species. 18 c. A county shall submit in writing any reports of alleged 19 violations of an ordinance adopted pursuant to this subsection 20 to the United States fish and wildlife service. The county 21 shall defer enforcement of a violation to the United States 22 fish and wildlife service if the United States fish and 23 wildlife service, within ninety days, indicates its intent to 24 enforce the violation. 25 Sec. 2. Section 364.3, Code 2024, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 18. a. A city may adopt ordinances in 28 accordance with section 331.307 to comply with the obligations, 29 policies, and procedures of the federal Migratory Bird 30 Treaty Act, the federal Endangered Species Act, and chapter 31 481B, which ordinances shall include but not be limited to 32 prohibitions against incidental take of migratory birds. 33 b. Moneys collected from civil penalties assessed under an 34 ordinance adopted pursuant to this subsection shall be used 35 -1- LSB 5176HH (4) 90 lh/js 1/ 3

H.F. 2362 for development and implementation of a plan supporting the 1 protection and expansion of grassland, woodland, and wetland 2 wildlife habitat in the city. If the city has not adopted such 3 a plan, the moneys collected shall be deposited in the general 4 fund of the state and are appropriated to the department of 5 natural resources to advance goals set forth in the Iowa 6 wildlife action plan relating to migratory birds and endangered 7 species. 8 c. A city shall submit in writing any reports of alleged 9 violations of an ordinance adopted pursuant to this subsection 10 to the United States fish and wildlife service. The city shall 11 defer enforcement of a violation to the United States fish 12 and wildlife service if the United States fish and wildlife 13 service, within ninety days, indicates its intent to enforce 14 the violation. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill relates to county and city enforcement of the 19 federal Migratory Bird Treaty Act, the federal Endangered 20 Species Act, and Code chapter 481B. The bill provides that 21 counties and cities may adopt ordinances to comply with the 22 obligations, policies, and procedures of the federal Migratory 23 Bird Treaty Act, the federal Endangered Species Act, and Code 24 chapter 481B (endangered plants and wildlife). The bill 25 directs that the moneys from civil penalties due to a violation 26 of an ordinance adopted pursuant to the bill be utilized by 27 the county or city to protect wildlife habitat in the county 28 or city or deposited in the general fund of the state and 29 appropriated to the department of natural resources to advance 30 goals set forth in the Iowa wildlife action plan relating to 31 migratory birds and endangered species. A county or city shall 32 defer enforcement of a violation to the United States fish and 33 wildlife service (USFWS) if USFWS, within 90 days, indicates 34 its intent to pursue enforcement of a violation reported from 35 -2- LSB 5176HH (4) 90 lh/js 2/ 3

H.F. 2362 the county or city. 1 -3- LSB 5176HH (4) 90 lh/js 3/ 3