House File 317 - Introduced HOUSE FILE 317 BY COMMITTEE ON NATURAL RESOURCES (SUCCESSOR TO HF 118) A BILL FOR An Act relating to taking certain animals that are deemed a 1 nuisance. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1721HV (3) 90 js/rn
H.F. 317 Section 1. Section 481A.87, Code 2023, is amended to read 1 as follows: 2 481A.87 Open seasons. 3 1. Except as otherwise provided, a person shall not take, 4 capture, kill, or have in possession a fur-bearing animal or 5 any of its parts at any time except during the open season as 6 set by the commission except where . 7 2. A person may shoot, trap, or ensnare a fur-bearing 8 animal when the killing, trapping, or ensnaring is for the 9 protection of a person or public or private property with the 10 prior permission of a duly appointed representative of the 11 commission. If prior permission is impractical or impossible 12 to obtain and the fur-bearing animal represents a threat to a 13 person, domestic animal, or private property, the fur-bearing 14 animal may be taken without prior permission. 15 3. Prior permission is not required for an owner or tenant 16 of agricultural property or an associated residence to take, 17 capture, shoot, or temporarily possess, for the purpose of 18 destroying or disposing of, a raccoon, opossum, or skunk on the 19 property if the owner, tenant, or agent deems the animal to be 20 a nuisance. This subsection does not apply to animals listed 21 pursuant to the federal Endangered Species Act or listed as 22 endangered by the commission pursuant to section 481B.3. 23 4. All fur-bearing animals and all parts thereof taken as 24 provided in this section subsection 2 or 3 shall be disposed 25 of on the site or shall be relinquished to a representative of 26 the commission. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill relates to the taking of fur-bearing animals 31 without prior permission of the natural resource commission 32 (NRC). 33 Under current law, a person may kill, trap, or ensnare a 34 fur-bearing animal outside of the open season if the killing, 35 -1- LSB 1721HV (3) 90 js/rn 1/ 2
H.F. 317 trapping, or ensnaring is for the protection of a person or 1 public or private property and with the prior permission of 2 a duly appointed representative of NRC. A person may take 3 a fur-bearing animal without receiving prior permission if 4 prior permission is impractical or impossible to obtain and the 5 fur-bearing animal represents a threat to a person, domestic 6 animal, or private property. 7 Under the bill, an owner or tenant of agricultural property 8 or an associated residence, or an agent of the owner or tenant, 9 may take, capture, shoot, or temporarily possess, for the 10 purpose of destroying or disposing of, a raccoon, opossum, or 11 skunk without receiving prior permission if the owner, tenant, 12 or agent deems the animal to be a nuisance. The bill does not 13 authorize a person to take, capture, shoot, or temporarily 14 possess an animal listed pursuant to the federal Endangered 15 Species Act or listed as endangered by NRC. Any fur-bearing 16 animal taken pursuant to an exception in Code section 481A.87 17 shall be disposed of onsite or shall be relinquished to a 18 representative of the commission. 19 -2- LSB 1721HV (3) 90 js/rn 2/ 2