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House File 317 - IntroducedA Bill ForAn Act 1relating to taking certain animals that are deemed a
2nuisance.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 481A.87, Code 2023, is amended to read
2as follows:
3481A.87 Open seasons.
41. Except as otherwise provided, a person shall not take,
5capture, kill, or have in possession a fur-bearing animal or
6any of its parts at any time except during the open season as
7set by the commission except where.
82. A person may shoot, trap, or ensnare a fur-bearing
9animal whenthe killing, trapping, or ensnaring is for the
10protection of a person or public or private property with the
11prior permission of a duly appointed representative of the
12commission. If prior permission is impractical or impossible
13to obtain and the fur-bearing animal represents a threat to a
14person, domestic animal, or private property, the fur-bearing
15animal may be taken without prior permission.
163. Prior permission is not required for an owner or tenant
17of agricultural property or an associated residence to take,
18capture, shoot, or temporarily possess, for the purpose of
19destroying or disposing of, a raccoon, opossum, or skunk on the
20property if the owner, tenant, or agent deems the animal to be
21a nuisance. This subsection does not apply to animals listed
22pursuant to the federal Endangered Species Act or listed as
23endangered by the commission pursuant to section 481B.3.
244. All fur-bearing animals and all parts thereof taken as
25provided in this section subsection 2 or 3 shall be disposed
26of on the site or shall be relinquished to a representative of
27the commission.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill relates to the taking of fur-bearing animals
32without prior permission of the natural resource commission
33(NRC).
34Under current law, a person may kill, trap, or ensnare a
35fur-bearing animal outside of the open season if the killing,
-1-1trapping, or ensnaring is for the protection of a person or
2public or private property and with the prior permission of
3a duly appointed representative of NRC. A person may take
4a fur-bearing animal without receiving prior permission if
5prior permission is impractical or impossible to obtain and the
6fur-bearing animal represents a threat to a person, domestic
7animal, or private property.
8Under the bill, an owner or tenant of agricultural property
9or an associated residence, or an agent of the owner or tenant,
10may take, capture, shoot, or temporarily possess, for the
11purpose of destroying or disposing of, a raccoon, opossum, or
12skunk without receiving prior permission if the owner, tenant,
13or agent deems the animal to be a nuisance. The bill does not
14authorize a person to take, capture, shoot, or temporarily
15possess an animal listed pursuant to the federal Endangered
16Species Act or listed as endangered by NRC. Any fur-bearing
17animal taken pursuant to an exception in Code section 481A.87
18shall be disposed of onsite or shall be relinquished to a
19representative of the commission.
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2nuisance.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 481A.87, Code 2023, is amended to read
2as follows:
3481A.87 Open seasons.
41. Except as otherwise provided, a person shall not take,
5capture, kill, or have in possession a fur-bearing animal or
6any of its parts at any time except during the open season as
7set by the commission except where.
82. A person may shoot, trap, or ensnare a fur-bearing
9animal whenthe killing, trapping, or ensnaring is for the
10protection of a person or public or private property with the
11prior permission of a duly appointed representative of the
12commission. If prior permission is impractical or impossible
13to obtain and the fur-bearing animal represents a threat to a
14person, domestic animal, or private property, the fur-bearing
15animal may be taken without prior permission.
163. Prior permission is not required for an owner or tenant
17of agricultural property or an associated residence to take,
18capture, shoot, or temporarily possess, for the purpose of
19destroying or disposing of, a raccoon, opossum, or skunk on the
20property if the owner, tenant, or agent deems the animal to be
21a nuisance. This subsection does not apply to animals listed
22pursuant to the federal Endangered Species Act or listed as
23endangered by the commission pursuant to section 481B.3.
244. All fur-bearing animals and all parts thereof taken as
25provided in this section subsection 2 or 3 shall be disposed
26of on the site or shall be relinquished to a representative of
27the commission.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill relates to the taking of fur-bearing animals
32without prior permission of the natural resource commission
33(NRC).
34Under current law, a person may kill, trap, or ensnare a
35fur-bearing animal outside of the open season if the killing,
-1-1trapping, or ensnaring is for the protection of a person or
2public or private property and with the prior permission of
3a duly appointed representative of NRC. A person may take
4a fur-bearing animal without receiving prior permission if
5prior permission is impractical or impossible to obtain and the
6fur-bearing animal represents a threat to a person, domestic
7animal, or private property.
8Under the bill, an owner or tenant of agricultural property
9or an associated residence, or an agent of the owner or tenant,
10may take, capture, shoot, or temporarily possess, for the
11purpose of destroying or disposing of, a raccoon, opossum, or
12skunk without receiving prior permission if the owner, tenant,
13or agent deems the animal to be a nuisance. The bill does not
14authorize a person to take, capture, shoot, or temporarily
15possess an animal listed pursuant to the federal Endangered
16Species Act or listed as endangered by NRC. Any fur-bearing
17animal taken pursuant to an exception in Code section 481A.87
18shall be disposed of onsite or shall be relinquished to a
19representative of the commission.
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