Print
House File 530 - 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.
24e. A person who violates paragraph “c” shall, in lieu of the
25provisions of section 481A.32, be assessed a minimum fine of
26one hundred dollars. Each carcass transported into the state
27in violation of paragraph “c” shall be a separate offense.
28f. In administering paragraph “b”, all of the following
29shall apply:
30(1) An employee or officer may stop at a residence or
31approach a landowner or occupant in the field when in visual
32sight for public relations purposes or to seek verbal or
33written consent to collect wildlife samples.
34(2) Absent a written agreement between the landowner or
35occupant and the commission, the commission shall not:
-2- 1(a) Prohibit the landowner or occupant from preventing
2the natural congregation of wildlife on the landowner’s or
3occupant’s property through the use of fences, gates, or other
4methods that restrict wildlife access to gardens, feed lots,
5food plots, tree farms, game farms, or other private land
6needing protection from wildlife as long as the methods used
7are not dangerous to wildlife.
8(b) The commission may adopt rules applicable within a
9disease management zone to prevent the artificial attraction
10and congregation of wildlife in concentrated areas through
11the use of salt blocks, mineral blocks, feed stations, or
12other attractants as deemed necessary to prevent the spread
13of infectious disease in wildlife populations. However, the
14commission shall not prevent a landowner or occupant from using
15the following:
16(i) Salt blocks or feed stations for the landowner’s or
17occupant’s own domestic animals.
18(ii) A bird feeder within one hundred feet of a private
19residence.
20 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate
21importance, takes effect upon enactment.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill requires the natural resource commission to act
26to prevent, control, or eradicate an infectious or contagious
27disease in any wild animal. The bill authorizes the commission
28to establish a disease management zone for any wild animal,
29upon the finding of an infectious or contagious disease in a
30population of that animal, and take certain actions to prevent
31the spread of disease through that animal population. However,
32when creating a wild animal disease management zone, the
33commission shall not create an out-of-pocket expense for a
34landowner or occupant whose property exists within the zone.
35The commission also shall not prohibit a landowner or occupant
-3-1from using fences, gates, or other methods to prevent wildlife
2from naturally congregating on the property and the commission
3shall not prohibit a landowner or occupant from using salt
4blocks or feed stations for the landowner’s or occupant’s own
5domestic animals or a bird feeder within 100 feet of a private
6residence.
7The bill prohibits the importation of Cervidae carcasses
8into the state from any state, province, or country where
9chronic wasting disease has been confirmed within either
10captive or wild cervid populations except under certain
11conditions.
12A person who transports a Cervidae carcass into the state
13in violation of the provisions of the bill shall be assessed a
14minimum $100 fine.
15The bill takes effect upon enactment.
-4-js/rn
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.
24e. A person who violates paragraph “c” shall, in lieu of the
25provisions of section 481A.32, be assessed a minimum fine of
26one hundred dollars. Each carcass transported into the state
27in violation of paragraph “c” shall be a separate offense.
28f. In administering paragraph “b”, all of the following
29shall apply:
30(1) An employee or officer may stop at a residence or
31approach a landowner or occupant in the field when in visual
32sight for public relations purposes or to seek verbal or
33written consent to collect wildlife samples.
34(2) Absent a written agreement between the landowner or
35occupant and the commission, the commission shall not:
-2- 1(a) Prohibit the landowner or occupant from preventing
2the natural congregation of wildlife on the landowner’s or
3occupant’s property through the use of fences, gates, or other
4methods that restrict wildlife access to gardens, feed lots,
5food plots, tree farms, game farms, or other private land
6needing protection from wildlife as long as the methods used
7are not dangerous to wildlife.
8(b) The commission may adopt rules applicable within a
9disease management zone to prevent the artificial attraction
10and congregation of wildlife in concentrated areas through
11the use of salt blocks, mineral blocks, feed stations, or
12other attractants as deemed necessary to prevent the spread
13of infectious disease in wildlife populations. However, the
14commission shall not prevent a landowner or occupant from using
15the following:
16(i) Salt blocks or feed stations for the landowner’s or
17occupant’s own domestic animals.
18(ii) A bird feeder within one hundred feet of a private
19residence.
20 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate
21importance, takes effect upon enactment.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill requires the natural resource commission to act
26to prevent, control, or eradicate an infectious or contagious
27disease in any wild animal. The bill authorizes the commission
28to establish a disease management zone for any wild animal,
29upon the finding of an infectious or contagious disease in a
30population of that animal, and take certain actions to prevent
31the spread of disease through that animal population. However,
32when creating a wild animal disease management zone, the
33commission shall not create an out-of-pocket expense for a
34landowner or occupant whose property exists within the zone.
35The commission also shall not prohibit a landowner or occupant
-3-1from using fences, gates, or other methods to prevent wildlife
2from naturally congregating on the property and the commission
3shall not prohibit a landowner or occupant from using salt
4blocks or feed stations for the landowner’s or occupant’s own
5domestic animals or a bird feeder within 100 feet of a private
6residence.
7The bill prohibits the importation of Cervidae carcasses
8into the state from any state, province, or country where
9chronic wasting disease has been confirmed within either
10captive or wild cervid populations except under certain
11conditions.
12A person who transports a Cervidae carcass into the state
13in violation of the provisions of the bill shall be assessed a
14minimum $100 fine.
15The bill takes effect upon enactment.
-4-js/rn