Bill Text: IA SF2283 | 2011-2012 | 84th General Assembly | Enrolled

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Bill Title: A bill for an act relating to various recreation and conservation activities under the purview of the department of natural resources, providing for repeals, making penalties applicable, and including effective date provisions. (Formerly SSB 3052.) Various effective dates; see section 21 of bill.

Spectrum: Committee Bill

Status: (Passed) 2012-05-25 - Signed by Governor. S.J. 949. [SF2283 Detail]

Download: Iowa-2011-SF2283-Enrolled.html

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Senate File 2283
AN ACT
RELATING TO VARIOUS RECREATION AND CONSERVATION ACTIVITIES
UNDER THE PURVIEW OF THE DEPARTMENT OF NATURAL RESOURCES,
PROVIDING FOR REPEALS, MAKING PENALTIES APPLICABLE, AND
INCLUDING EFFECTIVE DATE PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 461A.35, Code 2011, is amended to read
as follows:
461A.35 Prohibited destructive acts.
1. It shall be unlawful for any person to use, enjoy
the privileges of, destroy, injure , or deface plant life,
trees, buildings, or other natural or material property, or
to construct or operate for private or commercial purposes
any structure, or to remove any plant life, trees, buildings,
sand, gravel, ice, earth, stone, wood , or other natural
material, or to operate vehicles, within the boundaries of
any state park, preserve, or stream or any other lands or
waters under the jurisdiction of the commission for any purpose
whatsoever, except upon the terms, conditions, limitations , and
restrictions as set forth by the commission.
2. A person who violates this section commits a simple
misdemeanor, punishable as a scheduled violation pursuant to
section 805.8B, subsection 6, paragraph “c” .

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Sec. 2. Section 461A.42, subsection 2, Code 2011, is amended
to read as follows:
2. The use of fireworks, as defined in section 727.2 , in
state parks and preserves is prohibited except as authorized
by a permit issued by the department. The commission shall
establish, by rule adopted pursuant to chapter 17A , a fireworks
permit system which authorizes the issuance of a limited number
of permits to qualified persons to use or display fireworks in
selected state parks and preserves.
3. A person violating this subsection section is guilty of a
simple misdemeanor punishable as a scheduled violation pursuant
to section 805.8B, subsection 6, paragraph “c” . In addition
to any other penalties, the punishment imposed for a violation
of this subsection shall include assessment of a fine of not
less than two hundred fifty dollars. The court shall order
restitution if any damages were caused by the violation which
may include, but is not limited to, community service.
Sec. 3. Section 461A.57, Code 2011, is amended to read as
follows:
461A.57 Penalties.
Any person violating any of the provisions of sections
461A.35 461A.36 to 461A.41, 461A.43, and 461A.45 to 461A.56 is
guilty of a simple misdemeanor.
Sec. 4. Section 481A.1, subsection 7, Code 2011, is amended
to read as follows:
7. “Bait” includes , but is not limited to , minnows, green
sunfish, orange-spotted sunfish, gizzard shad, frogs, crayfish,
and salamanders , and mussels .
Sec. 5. Section 481A.6A, subsection 1, Code 2011, is amended
to read as follows:
1. As used in this section , “pen-reared pheasant” means a
Chinese ring-necked pheasant (Phasianus colchicus torquatus)
and its subspecies which originates from a captive population
and which has been propagated and held by a hatchery. For the
purposes of this section “pen-reared pheasant” does not include
a Reeves (Syrmaticus reevesii) or Lady Amherst (Chrysolophus
amherstiae) pheasant, a subspecies of the Chinese ring-necked
pheasant such as a Japanese (Phasianus vesicolor) or a
Black-necked (P. colchicus colchicus) pheasant, or a melanistic
mutant (black, white, or other color mix) of the Chinese
ring-necked pheasant. This subsection is not applicable to
game birds released for officially sanctioned field meets or
trials and retriever meets or trials on private land pursuant

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to section 481A.22, pen-raised game birds used on private land
pursuant to section 481A.56, or game birds released on hunting
preserves pursuant to chapter 484B.
Sec. 6. NEW SECTION . 481A.17 Target shooting sports
program.
The department shall establish a target shooting sports
program to promote recreational target shooting sports. The
purposes of the program shall be to introduce more Iowans
to target shooting sports, promote existing target shooting
programs, provide more target shooting facilities, and improve
existing target shooting facilities. The commission may adopt
rules to achieve these purposes.
Sec. 7. Section 481A.131, Code 2011, is amended to read as
follows:
481A.131 Judgment —— execution.
1. In each case of conviction of unlawfully taking,
catching, killing, injuring, destroying , or having in
possession any fish, game , or fur-bearing animal, the court
shall enter a judgment in favor of the state of Iowa for
liquidated damages in an amount as provided in section
481A.130 , and it shall be the duty of the commission and
the prosecuting attorney or attorney general, to collect the
liquidated damages by execution or otherwise . If two or more
persons who have acted together are convicted of the unlawful
taking, catching, killing, injuring, destroying , or having
possession of any fish, game , or fur-bearing animal, the
judgment shall be entered against them jointly.
2. Any liquidated damages received assessed under this
section and section 481A.130 shall be remitted paid to the
clerk of court. The clerk of court shall remit the damages
paid to the treasurer of state who department of natural
resources. The department of natural resources shall credit
such damages to the state fish and game protection fund.
3. The return of any uninjured fish, game , or fur-bearing
animal which has been unlawfully taken, caught, or possessed,
to the place where taken or caught or to any other place
approved by the commission, shall constitute the discharge of
any liquidated damages provided under section 481A.130 .
4. Civil suits for the collection of judgments may be
prosecuted by the attorney general or by county attorneys.
Sec. 8. Section 481A.142, subsection 5, paragraph a, Code
2011, is amended to read as follows:
a. Sell bait, including minnows , and frogs, and clams,

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propagated or raised within the licensed unit without having
to obtain a bait dealer’s license. However, aquaculture units
wishing to take bait from areas other than their licensed units
must also obtain a bait dealer’s license.
Sec. 9. Section 481A.144, subsection 1, Code 2011, is
amended to read as follows:
1. A person shall not sell minnows, frogs, crayfish, or
salamanders , and mussels for fish bait without first obtaining
a bait dealer’s license from the department upon payment
of the license fee. A licensee shall comply with all laws
pertaining to taking, possessing, and selling of bait handled
by the licensee. If convicted of violating a provision of this
chapter or a rule adopted pursuant to this chapter , a licensee
shall forfeit the licensee’s bait dealer license upon demand of
the director.
Sec. 10. Section 482.4, subsection 3, Code 2011, is amended
to read as follows:
3. Commercial fishers and commercial turtle harvesters
shall purchase gear tags from the commission to be affixed
provide and affix weather-resistant gear tags to each piece
of gear in use. Notwithstanding the fee rates for gear tags
under subsection 6 , the minimum fee is five dollars. All
tags are valid for ten years from the date of issue. In
addition to the gear tags, all gear shall be tagged with a Each
weather-resistant gear tag showing shall plainly show the name
and , address , and commercial license number of the licensee and
whether the gear is fish or turtle gear.
Sec. 11. Section 482.4, subsection 4, Code 2011, is amended
by striking the subsection.
Sec. 12. Section 482.4, subsection 6, Code 2011, is amended
by striking the subsection and inserting in lieu thereof the
following:
6. Commercial fish and turtle gear tags are required on the
following units of commercial gear:
a. Seine.
b. Trammel net.
c. Gill net.
d. Entrapment nets.
e. Commercial trotline.
f. Commercial turtle trap.
Sec. 13. Section 482.4, subsection 7, Code 2011, is amended
by striking the subsection.
Sec. 14. Section 483A.1, subsection 2, paragraph s, Code

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2011, is amended by striking the paragraph.
Sec. 15. Section 484B.1, Code 2011, is amended by adding the
following new subsection:
NEW SUBSECTION . 3A. “Elk” means an animal belonging to
the cervidae family and classified as part of the canadensis
species of the cervus genus.
Sec. 16. NEW SECTION . 484B.4A Minimum enclosed acreage ——
exceptions.
1. A hunting preserve on which elk are kept must include at
least three hundred twenty contiguous acres which are enclosed
by a fence as required pursuant to section 484B.5. However, a
person may keep elk only on a hunting preserve that includes
a fewer number of enclosed acres if either of the following
applies:
a. The commission grants a waiver for the hunting preserve
according to terms and conditions required by the commission.
The hunting preserve must include at least one hundred sixty
contiguous acres.
b. (1) The hunting preserve was operated as a business on
January 1, 2005.
(2) If the hunting preserve operated as a business on
January 1, 2005, the landowner or the landowner’s successor
in interest may sell or otherwise transfer ownership of the
hunting preserve to another person who may continue to operate
the hunting preserve in the same manner as the landowner.
However, this subparagraph shall not apply if the owner of the
hunting preserve or any successor in interest fails to meet the
licensing requirements of section 484B.4 each year.
Sec. 17. Section 484C.1, Code 2011, is amended by adding the
following new subsection:
NEW SUBSECTION . 3A. “Elk” means an animal belonging to
the cervidae family and classified as part of the canadensis
species of the cervus genus.
Sec. 18. Section 484C.5, Code 2011, is amended to read as
follows:
484C.5 Minimum enclosed acreage —— exceptions.
1. A hunting preserve must include at least three hundred
twenty contiguous acres which are enclosed by a fence certified
pursuant to section 484C.6 . However, the hunting preserve
may include a fewer number of enclosed acres if any of the
following applies:
1. a. The commission grants a waiver for the hunting
preserve according to terms and conditions required by the

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commission. The hunting preserve must include at least one
hundred sixty contiguous acres.
2. a. b. (1) The hunting preserve was operated as a
business on January 1, 2005.
b. (2) If the hunting preserve operated as a business on
January 1, 2005, the landowner or the landowner’s successor
in interest may sell or otherwise transfer ownership of the
hunting preserve to another person who may continue to operate
the hunting preserve in the same manner as the landowner.
However, this paragraph subparagraph shall not apply if the
owner of the hunting preserve or any successor in interest
fails to register with the department as provided in section
484C.7 for three or more consecutive years.
3. a. c. (1) The hunting preserve was not operated as a
business on January 1, 2005, and all of the following apply:
(1) (a) The hunting preserve has at least one hundred
contiguous acres.
(2) (b) The hunting preserve’s fence is certified by the
department not later than September 1, 2005.
b. (2) If the hunting preserve complies with paragraph “a”
subparagraph (1) , the landowner or the landowner’s successor
in interest may sell or otherwise transfer ownership of the
hunting preserve to another person who may continue to operate
the hunting preserve in the same manner as the landowner.
However, this paragraph subparagraph shall not apply if the
owner of the hunting preserve or any successor in interest
fails to register with the department as provided in section
484C.7 for three or more consecutive years.
2. Notwithstanding any other provision of this chapter or
chapter 484B, a person may keep whitetail and elk together on a
hunting preserve that includes less than three hundred twenty
enclosed acres if the person receives a waiver as provided in
subsection 1, paragraph “a” or meets the conditions specified
in subsection 1, paragraph “b” .
Sec. 19. Section 805.8B, subsection 6, paragraph c, Code
2011, is amended to read as follows:
c. For violations of section sections 461A.35, 461A.42, and
461A.44 , the scheduled fine is fifty dollars.
Sec. 20. REPEAL. Chapter 568, Code and Code Supplement
2011, is repealed.
Sec. 21. EFFECTIVE UPON ENACTMENT. The following
provision or provisions of this Act, being deemed of immediate
importance, take effect upon enactment:

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1. The sections of this Act amending sections 484B.1,
484C.1, and 484C.5.
2. The section of this Act enacting section 484B.4A.
______________________________
JOHN P. KIBBIE
President of the Senate
______________________________
KRAIG PAULSEN
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2283, Eighty-fourth General Assembly.
______________________________
MICHAEL E. MARSHALL
Secretary of the Senate
Approved _______________, 2012
______________________________
TERRY E. BRANSTAD
Governor