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House File 284 - IntroducedA Bill ForAn Act 1relating to the registration of hunting and fishing
2outfitters or hunting and fishing guides and providing a
3penalty.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 483A.29 Registration of hunting and
2fishing outfitters or hunting and fishing guides — penalty.
31. As used in this section, unless the context otherwise
4requires:
5a. “Compensation” means payment of, or agreement to pay,
6any money, thing of value, or personal or financial benefit
7conferred in return for labor or services.
8b. “Hunting or fishing outfitter” or “hunting or fishing
9guide” means a person who receives compensation in return for
10the provision of outfitter services to a hunter or fisher.
11c. “Outfitter services” means services defined by the
12commission by rule, which shall include but not be limited
13to the provision of hunting or fishing outfitters or hunting
14or fishing guides, equipment, stands, blinds, decoys,
15boats, access to land or waters to be hunted or fished, and
16transportation to and from such land or waters to a hunter or
17fisher.
182. A person shall not engage in or be employed for any
19compensation in the business of a hunting or fishing outfitter
20or a hunting or fishing guide in this state unless the person
21is registered as a hunting or fishing outfitter or a hunting
22or fishing guide with the department. A person who provides
23access to that person’s private property for hunting or fishing
24without compensation shall not be considered a hunting or
25fishing outfitter or hunting or fishing guide who is subject to
26registration pursuant to this section. A person who primarily
27provides hunting or fishing equipment at retail shall not
28be considered a hunting or fishing outfitter or hunting or
29fishing guide who is subject to registration pursuant to this
30section. The commission shall adopt, by rule, procedures for
31the registration of hunting or fishing guides or hunting or
32fishing outfitters.
33a. The rules shall require an applicant for registration
34to identify all parcels of land or waters which are under the
35lawful control of the applicant, and identify the location and
-1-1acreage of any land or waters to be hunted or fished, and the
2equipment and services to be provided by the hunting or fishing
3outfitter or hunting or fishing guide. Information concerning
4the location and acreage of any land or waters to be hunted
5or fished shall be treated as a confidential record by the
6department pursuant to section 22.7, subsections 3 and 6.
7b. An applicant shall not be registered as a hunting or
8fishing outfitter or hunting or fishing guide pursuant to
9this section if the person is or has been subject to the
10cancellation, suspension, or revocation of a license pursuant
11to section 481A.134 for a violation of chapter 481A, 481B,
12482, 483A, 484A, or 484B, or for the commission of trespass as
13defined in section 716.7 while hunting deer, or has pled guilty
14or been convicted of a violation of chapter 481A, 481B, 482,
15483A, 484A, or 484B, or of the violation of trespass as defined
16in section 716.7 while hunting deer, in violation of section
17481A.135, or if the person is or has been subject to the
18cancellation, suspension, or revocation of a similar license or
19has pled guilty or been convicted of the violation of a similar
20statute, or has pled guilty or been convicted of trespass while
21hunting deer in another state.
223. A hunting or fishing outfitter or hunting or fishing
23guide registered pursuant to this section shall verify with
24the department, as provided by rule, that any person to whom
25outfitter services are provided is properly licensed to hunt or
26fish in this state for the species sought by that person.
274. A hunting or fishing outfitter or hunting or fishing
28guide registered pursuant to this section is required to do all
29of the following when providing outfitter services to a hunter
30or fisher:
31a. Prior to providing outfitter services to a hunter or
32fisher, supply the hunter or fisher with a written notice
33which specifies the types of services that will be provided,
34the cost of the services to be provided, and the refund policy
35concerning the services to be provided.
-2- 1b. Be responsible for ensuring that each hunter or fisher
2to whom outfitter services will be provided has the necessary
3permits, stamps, and licenses prior to hunting or fishing.
4c. Indicate clearly the boundaries of the land or waters to
5be hunted or fished and any special restrictions concerning the
6conduct of the hunting or fishing experience.
7d. Make no guarantees as to the success of the hunting or
8fishing experience.
9e. Make no misrepresentations concerning the facilities,
10prices, equipment, services, or hunting or fishing
11opportunities to be provided.
12f. Not take or attempt to take any wildlife on behalf of a
13hunter or fisher to whom outfitter services are being provided.
14g. Maintain a current log of hunters or fishers to whom
15outfitter services have been provided, the dates of the hunting
16or fishing experiences, the hunting or fishing license and
17permit numbers of the hunters or fishers to whom outfitter
18services have been provided, and harvest information for each
19hunting or fishing experience.
20h. Maintain a map of the land or waters which are under the
21lawful control of the hunting or fishing outfitter or hunting
22or fishing guide and which identifies the location and acreage
23of the land and waters to be hunted or fished pursuant to the
24registration of the hunting or fishing outfitter or hunting or
25fishing guide. Information maintained on the map concerning
26the location and acreage of any land or waters to be hunted
27or fished shall be treated as a confidential record by the
28department pursuant to section 22.7, subsections 3 and 6.
295. Registration as a hunting or fishing outfitter or hunting
30or fishing guide pursuant to this section does not entitle the
31hunting or fishing outfitter or hunting or fishing guide to any
32hunting or fishing license or tag other than those licenses or
33tags the hunting or fishing outfitter or hunting or fishing
34guide may lawfully obtain for the outfitter’s or guide’s
35personal use.
-3- 16. Nothing in this section shall be construed to entitle a
2nonresident hunter or fisher to any hunting or fishing license
3or tag in this state other than those licenses or tags the
4nonresident hunter or fisher is otherwise eligible to lawfully
5obtain for the hunter’s or fisher’s use.
67. The commission shall establish, by rule, the annual fee
7for a hunting or fishing outfitter or hunting or fishing guide
8registration. In determining an annual fee, the commission
9shall consider the costs of providing for the registration and
10administering and enforcing this section.
118. This section does not apply to the activities of a
12hunting or fishing outfitter or hunting or fishing guide that
13are conducted on a hunting preserve pursuant to chapter 484B
14or 484C.
159. A person who violates this section or the rules adopted
16pursuant to this section is guilty of a serious misdemeanor for
17each violation.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill provides for the registration of persons engaged
22in the business of a hunting or fishing outfitter or hunting
23or fishing guide. The bill defines a “hunting or fishing
24outfitter” or “hunting or fishing guide” as a person who
25receives compensation in return for providing outfitter
26services to a hunter or fisher. The bill defines “outfitter
27services” as services defined by the natural resource
28commission by rule, including but not limited to the provision
29of hunting or fishing outfitters or guides, equipment, stands,
30blinds, decoys, boats, access to land or waters to be hunted,
31and transportation to and from such land or waters to a hunter
32or fisher. The natural resource commission is directed to
33register hunting or fishing outfitters or hunting or fishing
34guides upon application and payment of an annual fee determined
35by rule of the commission. A person who provides access to
-4-1that person’s private property for hunting or fishing without
2compensation or a person who primarily provides hunting or
3fishing equipment at retail is not considered a hunting or
4fishing outfitter or hunting or fishing guide who is subject
5to registration for purposes of the bill. An applicant shall
6identify all parcels of land or waters which are under the
7lawful control of the applicant, and identify the location
8and acreage of any land or waters to be hunted or fished, and
9the equipment and services to be provided by the hunting or
10fishing outfitter or the hunting or fishing guide. Information
11concerning the location and acreage of any land or waters to be
12hunted or fished shall be treated as a confidential record by
13the department of natural resources pursuant to Code section
1422.7, subsection 3, relating to trade secrets, and subsection
156, relating to reports to public agencies, which if released
16would give advantage to competitors and serve no public
17purpose.
18An applicant shall not be registered as a hunting or fishing
19outfitter or guide if the person is or has been subject to
20cancellation, suspension, or revocation of a license issued
21by the department of natural resources or has pled guilty or
22been convicted of such license violations or violations of
23similar statutes, or has pled guilty or been convicted of
24the commission of trespass while hunting deer, or has been
25subject to cancellation, suspension, or revocation of a similar
26license, or pled guilty or been convicted of trespass while
27hunting deer in another state.
28A registered hunting or fishing outfitter or guide is
29required to verify with the department of natural resources, as
30provided by rule, that any person to whom hunting or fishing
31outfitter or guide services are provided is properly licensed
32to hunt or fish in this state for the species sought by that
33person.
34The bill specifies the duties and responsibilities of a
35hunting or fishing outfitter or guide to a hunter or fisher to
-5-1whom outfitter services will be or are being provided.
2Nothing in the bill is be construed to entitle a nonresident
3hunter or fisher to any hunting or fishing license or tag in
4this state other than those licenses or tags the nonresident
5hunter is otherwise eligible to lawfully obtain for the
6hunter’s or fisher’s use.
7The bill does not apply to activities that are conducted on a
8hunting preserve.
9A violator is guilty of a serious misdemeanor for each
10violation of the bill or rules adopted under the bill. A
11serious misdemeanor is punishable by confinement for no more
12than one year and a fine of at least $315 but not more than
13$1,875.
-6-av/nh
2outfitters or hunting and fishing guides and providing a
3penalty.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 483A.29 Registration of hunting and
2fishing outfitters or hunting and fishing guides — penalty.
31. As used in this section, unless the context otherwise
4requires:
5a. “Compensation” means payment of, or agreement to pay,
6any money, thing of value, or personal or financial benefit
7conferred in return for labor or services.
8b. “Hunting or fishing outfitter” or “hunting or fishing
9guide” means a person who receives compensation in return for
10the provision of outfitter services to a hunter or fisher.
11c. “Outfitter services” means services defined by the
12commission by rule, which shall include but not be limited
13to the provision of hunting or fishing outfitters or hunting
14or fishing guides, equipment, stands, blinds, decoys,
15boats, access to land or waters to be hunted or fished, and
16transportation to and from such land or waters to a hunter or
17fisher.
182. A person shall not engage in or be employed for any
19compensation in the business of a hunting or fishing outfitter
20or a hunting or fishing guide in this state unless the person
21is registered as a hunting or fishing outfitter or a hunting
22or fishing guide with the department. A person who provides
23access to that person’s private property for hunting or fishing
24without compensation shall not be considered a hunting or
25fishing outfitter or hunting or fishing guide who is subject to
26registration pursuant to this section. A person who primarily
27provides hunting or fishing equipment at retail shall not
28be considered a hunting or fishing outfitter or hunting or
29fishing guide who is subject to registration pursuant to this
30section. The commission shall adopt, by rule, procedures for
31the registration of hunting or fishing guides or hunting or
32fishing outfitters.
33a. The rules shall require an applicant for registration
34to identify all parcels of land or waters which are under the
35lawful control of the applicant, and identify the location and
-1-1acreage of any land or waters to be hunted or fished, and the
2equipment and services to be provided by the hunting or fishing
3outfitter or hunting or fishing guide. Information concerning
4the location and acreage of any land or waters to be hunted
5or fished shall be treated as a confidential record by the
6department pursuant to section 22.7, subsections 3 and 6.
7b. An applicant shall not be registered as a hunting or
8fishing outfitter or hunting or fishing guide pursuant to
9this section if the person is or has been subject to the
10cancellation, suspension, or revocation of a license pursuant
11to section 481A.134 for a violation of chapter 481A, 481B,
12482, 483A, 484A, or 484B, or for the commission of trespass as
13defined in section 716.7 while hunting deer, or has pled guilty
14or been convicted of a violation of chapter 481A, 481B, 482,
15483A, 484A, or 484B, or of the violation of trespass as defined
16in section 716.7 while hunting deer, in violation of section
17481A.135, or if the person is or has been subject to the
18cancellation, suspension, or revocation of a similar license or
19has pled guilty or been convicted of the violation of a similar
20statute, or has pled guilty or been convicted of trespass while
21hunting deer in another state.
223. A hunting or fishing outfitter or hunting or fishing
23guide registered pursuant to this section shall verify with
24the department, as provided by rule, that any person to whom
25outfitter services are provided is properly licensed to hunt or
26fish in this state for the species sought by that person.
274. A hunting or fishing outfitter or hunting or fishing
28guide registered pursuant to this section is required to do all
29of the following when providing outfitter services to a hunter
30or fisher:
31a. Prior to providing outfitter services to a hunter or
32fisher, supply the hunter or fisher with a written notice
33which specifies the types of services that will be provided,
34the cost of the services to be provided, and the refund policy
35concerning the services to be provided.
-2- 1b. Be responsible for ensuring that each hunter or fisher
2to whom outfitter services will be provided has the necessary
3permits, stamps, and licenses prior to hunting or fishing.
4c. Indicate clearly the boundaries of the land or waters to
5be hunted or fished and any special restrictions concerning the
6conduct of the hunting or fishing experience.
7d. Make no guarantees as to the success of the hunting or
8fishing experience.
9e. Make no misrepresentations concerning the facilities,
10prices, equipment, services, or hunting or fishing
11opportunities to be provided.
12f. Not take or attempt to take any wildlife on behalf of a
13hunter or fisher to whom outfitter services are being provided.
14g. Maintain a current log of hunters or fishers to whom
15outfitter services have been provided, the dates of the hunting
16or fishing experiences, the hunting or fishing license and
17permit numbers of the hunters or fishers to whom outfitter
18services have been provided, and harvest information for each
19hunting or fishing experience.
20h. Maintain a map of the land or waters which are under the
21lawful control of the hunting or fishing outfitter or hunting
22or fishing guide and which identifies the location and acreage
23of the land and waters to be hunted or fished pursuant to the
24registration of the hunting or fishing outfitter or hunting or
25fishing guide. Information maintained on the map concerning
26the location and acreage of any land or waters to be hunted
27or fished shall be treated as a confidential record by the
28department pursuant to section 22.7, subsections 3 and 6.
295. Registration as a hunting or fishing outfitter or hunting
30or fishing guide pursuant to this section does not entitle the
31hunting or fishing outfitter or hunting or fishing guide to any
32hunting or fishing license or tag other than those licenses or
33tags the hunting or fishing outfitter or hunting or fishing
34guide may lawfully obtain for the outfitter’s or guide’s
35personal use.
-3- 16. Nothing in this section shall be construed to entitle a
2nonresident hunter or fisher to any hunting or fishing license
3or tag in this state other than those licenses or tags the
4nonresident hunter or fisher is otherwise eligible to lawfully
5obtain for the hunter’s or fisher’s use.
67. The commission shall establish, by rule, the annual fee
7for a hunting or fishing outfitter or hunting or fishing guide
8registration. In determining an annual fee, the commission
9shall consider the costs of providing for the registration and
10administering and enforcing this section.
118. This section does not apply to the activities of a
12hunting or fishing outfitter or hunting or fishing guide that
13are conducted on a hunting preserve pursuant to chapter 484B
14or 484C.
159. A person who violates this section or the rules adopted
16pursuant to this section is guilty of a serious misdemeanor for
17each violation.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill provides for the registration of persons engaged
22in the business of a hunting or fishing outfitter or hunting
23or fishing guide. The bill defines a “hunting or fishing
24outfitter” or “hunting or fishing guide” as a person who
25receives compensation in return for providing outfitter
26services to a hunter or fisher. The bill defines “outfitter
27services” as services defined by the natural resource
28commission by rule, including but not limited to the provision
29of hunting or fishing outfitters or guides, equipment, stands,
30blinds, decoys, boats, access to land or waters to be hunted,
31and transportation to and from such land or waters to a hunter
32or fisher. The natural resource commission is directed to
33register hunting or fishing outfitters or hunting or fishing
34guides upon application and payment of an annual fee determined
35by rule of the commission. A person who provides access to
-4-1that person’s private property for hunting or fishing without
2compensation or a person who primarily provides hunting or
3fishing equipment at retail is not considered a hunting or
4fishing outfitter or hunting or fishing guide who is subject
5to registration for purposes of the bill. An applicant shall
6identify all parcels of land or waters which are under the
7lawful control of the applicant, and identify the location
8and acreage of any land or waters to be hunted or fished, and
9the equipment and services to be provided by the hunting or
10fishing outfitter or the hunting or fishing guide. Information
11concerning the location and acreage of any land or waters to be
12hunted or fished shall be treated as a confidential record by
13the department of natural resources pursuant to Code section
1422.7, subsection 3, relating to trade secrets, and subsection
156, relating to reports to public agencies, which if released
16would give advantage to competitors and serve no public
17purpose.
18An applicant shall not be registered as a hunting or fishing
19outfitter or guide if the person is or has been subject to
20cancellation, suspension, or revocation of a license issued
21by the department of natural resources or has pled guilty or
22been convicted of such license violations or violations of
23similar statutes, or has pled guilty or been convicted of
24the commission of trespass while hunting deer, or has been
25subject to cancellation, suspension, or revocation of a similar
26license, or pled guilty or been convicted of trespass while
27hunting deer in another state.
28A registered hunting or fishing outfitter or guide is
29required to verify with the department of natural resources, as
30provided by rule, that any person to whom hunting or fishing
31outfitter or guide services are provided is properly licensed
32to hunt or fish in this state for the species sought by that
33person.
34The bill specifies the duties and responsibilities of a
35hunting or fishing outfitter or guide to a hunter or fisher to
-5-1whom outfitter services will be or are being provided.
2Nothing in the bill is be construed to entitle a nonresident
3hunter or fisher to any hunting or fishing license or tag in
4this state other than those licenses or tags the nonresident
5hunter is otherwise eligible to lawfully obtain for the
6hunter’s or fisher’s use.
7The bill does not apply to activities that are conducted on a
8hunting preserve.
9A violator is guilty of a serious misdemeanor for each
10violation of the bill or rules adopted under the bill. A
11serious misdemeanor is punishable by confinement for no more
12than one year and a fine of at least $315 but not more than
13$1,875.
-6-av/nh