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House Study Bill 162 - IntroducedA Bill ForAn Act 1relating to the management of the spread of diseases in
2wild animals, making penalties applicable, and including
3effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 481A.38, subsection 1, Code 2019, is
2amended to read as follows:
31. a. The commission may upon its own motion and after an
4investigation, alter, limit, or restrict the methods or means
5employed and the instruments or equipment used in taking wild
6mammals, birds subject to section 481A.48, fish, reptiles,
7and amphibians, if the investigation reveals that the action
8would be desirable or beneficial in promoting the interests of
9conservation, or the commission may, after an investigation
10when it is found there is imminent danger of loss of fish
11through natural causes, authorize the taking of fish by means
12found advisable to salvage imperiled fish populations.
13b. The commission shall act to prevent, control, or
14eradicate an infectious or contagious disease in any wild
15animal as necessary to comply with section 456A.23. After
16an investigation when it is found there is imminent danger
17of loss of fish through natural causes, the commission may
18authorize the taking of fish by means found advisable to
19salvage imperiled fish populations. Upon the discovery of
20an infectious or contagious disease in any wild animal, the
21commission may establish a wild animal disease management zone
22and take such actions within the zone as are necessary to
23protect wild animal health and conserve biological balance.
24Such actions are limited to establishing special seasons,
25preventing the artificial movement of wild animals, wild
26animal carcasses, or parts thereof, and requiring disease
27sample collection from harvested wild animals. The commission
28shall give at least twenty-four hours’ notice by mail or
29electronic means before establishing a disease management
30zone and such notice shall identify the specific activity
31requirements or restrictions imposed in the zone that shall
32apply to both public and private lands with the zone. Any
33requirement or restriction imposed in the zone shall not create
34an out-of-pocket expense for a landowner or occupant whose
35property exists within the zone.
-1- 1c. The importation into the state of hunter-harvested
2Cervidae carcasses from any state, province, or country that
3chronic wasting disease has been confirmed within either
4captive or wild cervid populations is prohibited, except for:
5(1) Quarters or other portions of meat with no part of the
6spinal column or head attached.
7(2) Meat that is boned out or that is cut and wrapped,
8either commercially or privately.
9(3) Hides and teeth.
10(4) Antlers or skull plates with antlers attached but with
11no brain tissue attached.
12(5) Finished taxidermy mounts.
13Nonresidents transporting whole or partial carcasses on a
14direct route through Iowa are exempt from this prohibition.
15b. d. The commission shall adopt a rule permitting a
16crossbow to be used only by individuals with disabilities
17who are physically incapable of using a bow and arrow under
18the conditions in which a bow and arrow is permitted. The
19commission shall prepare an application to be used by an
20individual requesting the status. The application shall
21require the individual’s physician to sign a statement
22declaring that the individual is not physically able to use a
23bow and arrow. This does not preclude the establishment of a
24separate crossbow season.
25e. A person who violates paragraph “c” shall, in lieu of the
26provisions of section 481A.32, be assessed a minimum fine of
27one hundred dollars. Each carcass transported into the state
28in violation of paragraph “c” shall be a separate offense.
29f. In administering paragraph “b”, all of the following
30shall apply:
31(1) An employee or agent of the department shall not enter
32private property in an investigative capacity without the
33consent of the owner or occupant except when accompanying
34a peace officer executing a search warrant pursuant to
35chapter 808. An employee or officer may stop at a residence
-2-1or approach a landowner or occupant in the field within
2one-quarter mile of a public road when in visual sight for
3public relations purposes or to seek verbal or written consent
4to collect wildlife samples.
5(2) Absent a written agreement between the landowner or
6occupant and the commission, the commission shall not:
7(a) Prohibit the landowner or occupant from preventing
8the natural congregation of wildlife on the landowner’s or
9occupant’s property through the use of fences, gates, or other
10methods that restrict wildlife access to gardens, feed lots,
11food plots, tree farms, game farms, or other private land
12needing protection from wildlife as long as the methods used
13are not dangerous to wildlife.
14(b) The commission may adopt rules to prevent the artificial
15attraction and congregation of wildlife in concentrated areas
16through the use of salt blocks, mineral blocks, feed stations,
17or other attractants as deemed necessary to prevent the spread
18of infectious disease in wildlife populations. However, the
19commission shall not prevent a landowner or occupant from using
20the following:
21(i) Salt blocks or feed stations for the landowner’s or
22occupant’s own domestic animals.
23(ii) A bird feeder within one hundred feet of a private
24residence.
25 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate
26importance, takes effect upon enactment.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30This bill requires the natural resource commission to act
31to prevent, control, or eradicate an infectious or contagious
32disease in any wild animal. The bill authorizes the commission
33to establish a disease management zone for any wild animal,
34upon the finding of an infectious or contagious disease in a
35population of that animal, and take certain actions to prevent
-3-1the spread of disease through that animal population. However,
2when creating a wild animal disease management zone, the
3commission shall not create an out-of-pocket expense for a
4landowner or occupant whose property exists within the zone.
5The commission also shall not prohibit a landowner or occupant
6from using fences, gates, or other methods to prevent wildlife
7from naturally congregating on the property and the commission
8shall not prohibit a landowner or occupant from using salt
9blocks or feed stations for the landowner’s or occupant’s own
10domestic animals or a bird feeder within 100 feet of a private
11residence.
12The bill prohibits the importation of Cervidae carcasses
13into the state from any state, province, or country where
14chronic wasting disease has been confirmed within either
15captive or wild cervid populations except under certain
16conditions.
17A person who transports a Cervidae carcass into the state
18in violation of the provisions of the bill shall be assessed a
19minimum $100 fine.
20The bill takes effect upon enactment.
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2wild animals, making penalties applicable, and including
3effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 481A.38, subsection 1, Code 2019, is
2amended to read as follows:
31. a. The commission may upon its own motion and after an
4investigation, alter, limit, or restrict the methods or means
5employed and the instruments or equipment used in taking wild
6mammals, birds subject to section 481A.48, fish, reptiles,
7and amphibians, if the investigation reveals that the action
8would be desirable or beneficial in promoting the interests of
9conservation, or the commission may, after an investigation
10when it is found there is imminent danger of loss of fish
11through natural causes, authorize the taking of fish by means
12found advisable to salvage imperiled fish populations.
13b. The commission shall act to prevent, control, or
14eradicate an infectious or contagious disease in any wild
15animal as necessary to comply with section 456A.23. After
16an investigation when it is found there is imminent danger
17of loss of fish through natural causes, the commission may
18authorize the taking of fish by means found advisable to
19salvage imperiled fish populations. Upon the discovery of
20an infectious or contagious disease in any wild animal, the
21commission may establish a wild animal disease management zone
22and take such actions within the zone as are necessary to
23protect wild animal health and conserve biological balance.
24Such actions are limited to establishing special seasons,
25preventing the artificial movement of wild animals, wild
26animal carcasses, or parts thereof, and requiring disease
27sample collection from harvested wild animals. The commission
28shall give at least twenty-four hours’ notice by mail or
29electronic means before establishing a disease management
30zone and such notice shall identify the specific activity
31requirements or restrictions imposed in the zone that shall
32apply to both public and private lands with the zone. Any
33requirement or restriction imposed in the zone shall not create
34an out-of-pocket expense for a landowner or occupant whose
35property exists within the zone.
-1- 1c. The importation into the state of hunter-harvested
2Cervidae carcasses from any state, province, or country that
3chronic wasting disease has been confirmed within either
4captive or wild cervid populations is prohibited, except for:
5(1) Quarters or other portions of meat with no part of the
6spinal column or head attached.
7(2) Meat that is boned out or that is cut and wrapped,
8either commercially or privately.
9(3) Hides and teeth.
10(4) Antlers or skull plates with antlers attached but with
11no brain tissue attached.
12(5) Finished taxidermy mounts.
13Nonresidents transporting whole or partial carcasses on a
14direct route through Iowa are exempt from this prohibition.
15b. d. The commission shall adopt a rule permitting a
16crossbow to be used only by individuals with disabilities
17who are physically incapable of using a bow and arrow under
18the conditions in which a bow and arrow is permitted. The
19commission shall prepare an application to be used by an
20individual requesting the status. The application shall
21require the individual’s physician to sign a statement
22declaring that the individual is not physically able to use a
23bow and arrow. This does not preclude the establishment of a
24separate crossbow season.
25e. A person who violates paragraph “c” shall, in lieu of the
26provisions of section 481A.32, be assessed a minimum fine of
27one hundred dollars. Each carcass transported into the state
28in violation of paragraph “c” shall be a separate offense.
29f. In administering paragraph “b”, all of the following
30shall apply:
31(1) An employee or agent of the department shall not enter
32private property in an investigative capacity without the
33consent of the owner or occupant except when accompanying
34a peace officer executing a search warrant pursuant to
35chapter 808. An employee or officer may stop at a residence
-2-1or approach a landowner or occupant in the field within
2one-quarter mile of a public road when in visual sight for
3public relations purposes or to seek verbal or written consent
4to collect wildlife samples.
5(2) Absent a written agreement between the landowner or
6occupant and the commission, the commission shall not:
7(a) Prohibit the landowner or occupant from preventing
8the natural congregation of wildlife on the landowner’s or
9occupant’s property through the use of fences, gates, or other
10methods that restrict wildlife access to gardens, feed lots,
11food plots, tree farms, game farms, or other private land
12needing protection from wildlife as long as the methods used
13are not dangerous to wildlife.
14(b) The commission may adopt rules to prevent the artificial
15attraction and congregation of wildlife in concentrated areas
16through the use of salt blocks, mineral blocks, feed stations,
17or other attractants as deemed necessary to prevent the spread
18of infectious disease in wildlife populations. However, the
19commission shall not prevent a landowner or occupant from using
20the following:
21(i) Salt blocks or feed stations for the landowner’s or
22occupant’s own domestic animals.
23(ii) A bird feeder within one hundred feet of a private
24residence.
25 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate
26importance, takes effect upon enactment.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30This bill requires the natural resource commission to act
31to prevent, control, or eradicate an infectious or contagious
32disease in any wild animal. The bill authorizes the commission
33to establish a disease management zone for any wild animal,
34upon the finding of an infectious or contagious disease in a
35population of that animal, and take certain actions to prevent
-3-1the spread of disease through that animal population. However,
2when creating a wild animal disease management zone, the
3commission shall not create an out-of-pocket expense for a
4landowner or occupant whose property exists within the zone.
5The commission also shall not prohibit a landowner or occupant
6from using fences, gates, or other methods to prevent wildlife
7from naturally congregating on the property and the commission
8shall not prohibit a landowner or occupant from using salt
9blocks or feed stations for the landowner’s or occupant’s own
10domestic animals or a bird feeder within 100 feet of a private
11residence.
12The bill prohibits the importation of Cervidae carcasses
13into the state from any state, province, or country where
14chronic wasting disease has been confirmed within either
15captive or wild cervid populations except under certain
16conditions.
17A person who transports a Cervidae carcass into the state
18in violation of the provisions of the bill shall be assessed a
19minimum $100 fine.
20The bill takes effect upon enactment.
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