Bill Text: IA SF381 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to the control of disease in wildlife and including penalty provisions. (Formerly SSB 1189.)
Sponsorship: Committee Bill
Status: (Engrossed - Dead) 2015-03-11 - Read first time, referred to Natural Resources. H.J. 547. [SF381 Detail]
Download: Iowa-2015-SF381-Introduced.html
Senate File 381 - Introduced SENATE FILE BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT (SUCCESSOR TO SSB 1189) A BILL FOR 1 An Act relating to the control of disease in wildlife and 2 including penalty provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1984SV (2) 86 av/nh PAG LIN 1 1 Section 1. NEW SECTION. 481A.41 Wildlife disease prevention 1 2 and control program ==== disease management zones ==== penalties. 1 3 1. The commission, by rules adopted under chapter 17A, shall 1 4 develop a wildlife disease prevention and control program to 1 5 prevent or control the spread of contagious, infectious, or 1 6 communicable diseases in wildlife or in a particular species of 1 7 wildlife in this state. The commission, in cooperation with 1 8 the state veterinarian, shall specify, by rule, the diseases 1 9 to be targeted by the program. 1 10 2. If the commission finds that action is necessary to 1 11 prevent or control the spread of a contagious, infectious, or 1 12 communicable disease in wildlife or in a particular species of 1 13 wildlife in this state, the commission may designate any area 1 14 in the state as a disease management zone and do any of the 1 15 following within a designated disease management zone: 1 16 a. Limit, close, expand, or open seasons for taking wildlife 1 17 or a particular species of wildlife. 1 18 b. Limit, close, expand, or open areas for hunting wildlife 1 19 or a particular species of wildlife. 1 20 c. Reduce or increase limits on taking wildlife or a 1 21 particular species of wildlife. 1 22 d. Authorize the issuance of free hunting licenses for 1 23 taking wildlife or a particular species of wildlife. 1 24 e. Allow hunting with a firearm from a motor vehicle 1 25 of wildlife or a particular species of wildlife by persons 1 26 designated to hunt in this manner by the department. If such 1 27 hunting is allowed, the department shall develop and maintain a 1 28 list of persons who are designated to hunt with a firearm from 1 29 a motor vehicle for purposes of the wildlife disease prevention 1 30 and control program. 1 31 f. Require a hunter to provide a physical sample obtained 1 32 from each animal of a particular species of wildlife that is 1 33 taken by a hunter in the disease management zone, for the 1 34 purpose of conducting a disease=related test. 1 35 g. Limit the possession, transportation, and disposition of 2 1 wildlife or a particular species of wildlife. 2 2 h. Restrict feeding of wildlife or a particular species of 2 3 wildlife. 2 4 3. The commission shall develop, by rule, procedures for 2 5 designating an area of the state as a disease management zone. 2 6 The procedures shall include all of the following: 2 7 a. Criteria for the department to utilize in proposing 2 8 designation of an area as a disease management zone to the 2 9 commission. 2 10 b. Criteria and strategies for the department to utilize in 2 11 developing a proposed action plan for preventing or controlling 2 12 disease in a designated area. A proposed action plan shall 2 13 be developed by the department, in cooperation with the state 2 14 veterinarian. 2 15 c. Criteria for the commission to utilize in approving or 2 16 disapproving a proposed designation of an area as a disease 2 17 management zone or a proposed action plan for preventing or 2 18 controlling disease in a designated area. 2 19 4. The department shall hold a public hearing in the area 2 20 proposed for designation as a disease management zone, prior to 2 21 approval or disapproval of the proposed designation or proposed 2 22 action plan for the area by the commission. 2 23 a. The purpose of the public hearing shall be to engage 2 24 stakeholders in the designation and action plan process, 2 25 including stakeholders who own or lease land or reside in 2 26 the proposed designated area as well as other stakeholders 2 27 who own or lease land or reside in the vicinity of the 2 28 proposed designated area or will otherwise be impacted by the 2 29 designation or the proposed action plan. 2 30 b. The department shall also solicit public comments on 2 31 the proposed designation and action plan from the stakeholders 2 32 described in paragraph "a". 2 33 5. The department shall present any public testimony and 2 34 public comments received for consideration by the commission 2 35 in determining whether to approve, disapprove, or modify the 3 1 proposed designation of an area as a disease management zone or 3 2 the proposed action plan for a designated area. 3 3 6. a. A person who violates any provision of a rule adopted 3 4 pursuant to this section is guilty of a simple misdemeanor 3 5 punishable as a scheduled violation under section 805.8B, 3 6 subsection 3, paragraph "e". 3 7 b. In addition to any other penalties imposed under this 3 8 section, a person charged with a violation of a rule adopted 3 9 pursuant to subsection 2, paragraph "h", restricting the 3 10 feeding of wildlife or a particular species of wildlife, 3 11 shall immediately remove all feed that is in violation of the 3 12 restriction. Failure to do so shall constitute an additional 3 13 violation of this section for each day that the feed remains. 3 14 7. This section shall not be construed to modify any 3 15 provision of law relating to trespass or property rights. 3 16 Sec. 2. Section 805.8B, subsection 3, paragraph e, Code 3 17 2015, is amended to read as follows: 3 18 e. For violations of sections 481A.41, 481A.57, 481A.85, 3 19 481A.93, 481A.95, 481A.120, 481A.137, 481B.5, 482.3, 482.9, 3 20 482.15, and 483A.42, the scheduled fine is one hundred dollars. 3 21 EXPLANATION 3 22 The inclusion of this explanation does not constitute agreement with 3 23 the explanation's substance by the members of the general assembly. 3 24 This bill relates to the control of disease in wildlife. 3 25 The bill requires the natural resource commission to develop 3 26 a wildlife disease prevention and control program. If the 3 27 commission finds that action is necessary to prevent or control 3 28 the spread of disease in wildlife or in a particular species of 3 29 wildlife, the commission may designate any area in the state as 3 30 a disease management zone and adopt rules that change hunting 3 31 seasons, areas, and limits; authorize the issuance of free 3 32 licenses; allow hunting with a firearm from a motor vehicle 3 33 by designated persons; require hunters to provide physical 3 34 samples from harvested wildlife for disease testing; limit the 3 35 possession, transportation, and disposition of wildlife; and 4 1 restrict wildlife feeding. 4 2 The commission is also required to develop, by rule, 4 3 procedures for designating an area of the state as a disease 4 4 management zone including developing an action plan. The 4 5 department of natural resources is required to hold a public 4 6 hearing and solicit public comment on a proposed disease 4 7 management zone and action plan from stakeholders who own 4 8 or lease land or reside in the affected area. The public 4 9 testimony and comments must be considered by the commission 4 10 before approving, disapproving, or modifying a proposed zone 4 11 or action plan. 4 12 A violation of a rule adopted pursuant to the bill is a 4 13 simple misdemeanor punishable as a scheduled violation with 4 14 a fine of $100. A person who violates a wildlife feeding 4 15 restriction must also immediately remove all food that is 4 16 in violation of the restriction and failure to do so is an 4 17 additional violation for each day that the feed remains. LSB 1984SV (2) 86 av/nh
