Bill Text: IA SF2020 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to the harvesting of turtles and including penalties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-20 - Subcommittee, McCoy, Anderson, and Courtney. S.J. 80. [SF2020 Detail]

Download: Iowa-2015-SF2020-Introduced.html

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Senate File 2020 - Introduced




                                 SENATE FILE       
                                 BY  McCOY

                                      A BILL FOR

  1 An Act relating to the harvesting of turtles and including
  2    penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 482.1, subsection 2, paragraphs d, f, g,
  1  2 h, and i, Code 2016, are amended to read as follows:
  1  3    d.  Prohibit, restrict, or regulate commercial fishing and
  1  4 commercial turtle harvesting in any waters of the state.
  1  5    f.  Regulate the numbers of commercial fishers and commercial
  1  6 turtle harvesters and the amount, type, seasonal use, mesh
  1  7 size, construction and design, manner of use, and other
  1  8 criteria relating to the use of commercial gear for any body of
  1  9 water or part thereof.
  1 10    g.  Establish catch quotas, seasons, size limits, and other
  1 11 regulations for any species of commercial fish or turtles for
  1 12 any body of water or part thereof.
  1 13    h.  Designate by listing species as commercial fish or
  1 14 turtles.
  1 15    i.  Designate any body of water or its part as protected
  1 16 habitat and restrict, prohibit, or otherwise regulate the
  1 17 taking of commercial fish and turtles in protected habitat
  1 18 areas.
  1 19    Sec. 2.  Section 482.1, Code 2016, is amended by adding the
  1 20 following new subsection:
  1 21    NEW SUBSECTION.  2A.  The natural resource commission shall
  1 22 adopt rules pursuant to chapter 17A that prohibit commercial
  1 23 turtle harvesting in any waters of the state.
  1 24    Sec. 3.  Section 482.1, subsection 3, Code 2016, is amended
  1 25 to read as follows:
  1 26    3.  Employees of the department may lift and inspect any
  1 27 commercial gear at any time and may inspect commercial catches,
  1 28 commercial markets, and landings, and examine sale and purchase
  1 29 records of commercial fishers, commercial turtle harvesters,
  1 30  commercial roe harvesters, commercial turtle buyers, and
  1 31 commercial roe buyers upon demand.
  1 32    Sec. 4.  Section 482.2, subsections 2, 3, 4, 5, and 8, Code
  1 33 2016, are amended to read as follows:
  1 34    2.  "Commercial fish helper" means a person who is licensed
  1 35 by the state to assist a commercial fisher or a commercial roe
  2  1 harvester in operating commercial gear or in taking, attempting
  2  2 to take, possessing, or transporting commercial fish, roe
  2  3 species, or roe, or turtles.
  2  4    3.  "Commercial fisher" means a person who is licensed by
  2  5 the state to take, attempt to take, possess, transport, sell,
  2  6 barter, or trade turtles or turtle eggs, commercial fish except
  2  7 roe species, or fish parts except roe.
  2  8    4.  "Commercial fishing" means taking, attempting to take,
  2  9 possessing, or transporting of commercial fish or turtles
  2 10  for the purpose of selling, bartering, trading, offering, or
  2 11 exposing for sale.
  2 12    5.  "Commercial gear" means the capturing equipment used
  2 13 by commercial fishers, and commercial roe harvesters, and
  2 14 commercial turtle harvesters.
  2 15    8.  "Commercial species" means species of fish and turtles
  2 16  which may be lawfully taken and sold by commercial fishers, and
  2 17  commercial roe harvesters, and commercial turtle harvesters, as
  2 18 established by rule by the commission.
  2 19    Sec. 5.  Section 482.2, subsections 9, 10, and 12, Code 2016,
  2 20 are amended by striking the subsections.
  2 21    Sec. 6.  Section 482.4, subsection 3, Code 2016, is amended
  2 22 to read as follows:
  2 23    3.  Commercial fishers and commercial turtle harvesters
  2 24  shall provide and affix weather=resistant gear tags to each
  2 25 piece of gear in use. Each weather=resistant gear tag shall
  2 26 plainly show the name, address, and commercial license number
  2 27 of the licensee and whether the gear is fish or turtle gear.
  2 28    Sec. 7.  Section 482.4, subsection 4, paragraphs i, j, k, l,
  2 29 m, and n, Code 2016, are amended by striking the paragraphs.
  2 30    Sec. 8.  Section 482.4, subsection 5, unnumbered paragraph
  2 31 1, Code 2016, is amended to read as follows:
  2 32    Commercial fish and turtle gear tags are required on the
  2 33 following units of commercial gear:
  2 34    Sec. 9.  Section 482.4, subsection 5, paragraph f, Code 2016,
  2 35 is amended by striking the paragraph.
  3  1    Sec. 10.  Section 482.5, Code 2016, is amended to read as
  3  2 follows:
  3  3    482.5  Commercial gear.
  3  4    It is lawful for a person who is legally licensed to harvest
  3  5 commercial fish or commercial turtles to use commercial gear of
  3  6 a design, construction, size, season, and all other criteria
  3  7 established by the commission for taking those species of fish
  3  8 and turtles designated by the commission by rule.
  3  9    Sec. 11.  Section 482.6, Code 2016, is amended to read as
  3 10 follows:
  3 11    482.6  Tagging of commercial gear.
  3 12    Each trotline shall have the tags affixed to one end. Each
  3 13 hoop net, slat net, and trap net, and turtle trap shall have
  3 14 the appropriate tag affixed to the end nearest the pot. Each
  3 15 gill net and each trammel net shall have the tags affixed to
  3 16 the float line nearest the shore stake, but when fished under
  3 17 ice, the tags shall be affixed to the float line nearest the
  3 18 take=out hole. Each seine shall have the tags affixed to one
  3 19 end.
  3 20    Sec. 12.  Section 482.7, Code 2016, is amended to read as
  3 21 follows:
  3 22    482.7  Gear attendance.
  3 23    1.  A commercial fisher, commercial turtle harvester,
  3 24  or commercial roe harvester licensee must be present when
  3 25 commercial gear is operated. A commercial fish helper or
  3 26 commercial turtle helper shall not operate commercial gear
  3 27 except under the direct supervision of a commercial fisher,
  3 28 commercial turtle harvester, or commercial roe harvester. A
  3 29 nonresident commercial turtle helper is licensed only to assist
  3 30 a licensed nonresident commercial turtle harvester. Commercial
  3 31 gear shall be lifted and emptied of catch as provided by the
  3 32 rules of the commission. Constant attendance by the commercial
  3 33 fisher of seines, trammel nets, and gill nets is required
  3 34 when the gear is fished by driving, drive=seining, seining,
  3 35 floating, or drifting methods. Officers of the commission may
  4  1 grant a reasonable extension of gear attendance intervals only
  4  2 upon the request of a commercial fisher, commercial turtle
  4  3 harvester, or commercial roe harvester specifying why such an
  4  4 extension is necessary.
  4  5    2.  For the purposes of this section, "direct supervision"
  4  6 means that a commercial fisher, commercial turtle harvester,
  4  7  or commercial roe harvester must be in the same boat, within
  4  8 hand=signal distance, or within vocal communication distance,
  4  9 without the help of any electronic or amplifying device, of
  4 10 the commercial fish helper or commercial turtle helper being
  4 11 supervised.
  4 12    Sec. 13.  Section 482.8, subsection 1, Code 2016, is amended
  4 13 to read as follows:
  4 14    1.  It is lawful for licensed commercial fishers, commercial
  4 15 turtle harvesters, and commercial roe harvesters to pursue,
  4 16 take, possess, and transport any commercial fish or their
  4 17 parts, bait fish, turtles, frogs, salamanders, leeches,
  4 18 crayfish, or any other aquatic invertebrates for bait unless
  4 19 otherwise prohibited by law.
  4 20    Sec. 14.  Section 482.10, subsection 1, paragraphs a and b,
  4 21 Code 2016, are amended to read as follows:
  4 22    a.  A commercial fisher license is required to operate
  4 23 commercial gear and to take, attempt to take, possess, process,
  4 24 transport, or sell any commercial fish, commercial turtles, or
  4 25 turtle eggs.
  4 26    b.  A commercial fish helper license is required to assist
  4 27 a commercial fisher or commercial roe harvester in operating
  4 28 commercial gear and in taking, attempting to take, possessing,
  4 29 or transporting commercial fish, roe species, or roe,
  4 30 commercial turtles, or turtle eggs. A commercial fish helper
  4 31 is not permitted to buy, sell, barter, or trade commercial
  4 32 fish, roe species, or roe, commercial turtles, or turtle eggs.
  4 33 A commercial fish helper license is not required for a person
  4 34 under sixteen years of age to assist a commercial fisher as
  4 35 provided in this paragraph "b".
  5  1    Sec. 15.  Section 482.10, subsection 2, Code 2016, is amended
  5  2 to read as follows:
  5  3    2.  All intrastate and interstate shipments of commercial
  5  4 fish, turtles, turtle eggs, or roe or roe species, must be
  5  5 accompanied by a receipt which shows the name and address of
  5  6 the seller, date of sale, and the species, numbers, and pounds
  5  7 of the fish, roe species, or roe, turtles, or turtle eggs being
  5  8 sold.
  5  9    Sec. 16.  Section 482.13, Code 2016, is amended to read as
  5 10 follows:
  5 11    482.13  Reciprocity for commercial fishing and commercial
  5 12 turtle fishing.
  5 13    1.  Reciprocal commercial fishing and commercial turtle
  5 14 fishing privileges are contingent upon a grant of similar
  5 15 privileges by the appropriate state to residents of this state.
  5 16    2.  The commission may negotiate commercial reciprocity
  5 17 agreements with other states.
  5 18    Sec. 17.  Section 482.14, subsections 1 and 2, Code 2016, are
  5 19 amended to read as follows:
  5 20    1.  All commercial fishers, commercial turtle harvesters,
  5 21 commercial turtle buyers, commercial roe harvesters, and
  5 22 commercial roe buyers shall submit a monthly report supplying
  5 23 all information requested on forms furnished by the department.
  5 24 Reports must be received by the department no later than the
  5 25 fifteenth day of the following month.
  5 26    2.  Commercial fishers shall utilize a dated receipt with
  5 27 at least two parts, with one original and one copy of each
  5 28 receipt, that contains the species, number, and pounds of fish
  5 29 or turtles sold, bartered, or traded. Commercial fishers shall
  5 30 retain a copy of each receipt for five years following the
  5 31 transaction. A purchaser of commercial fish or turtles shall
  5 32 retain a copy of the receipt for as long as the purchaser is in
  5 33 possession of the fish or turtles.
  5 34    Sec. 18.  Section 482.14, subsections 3 and 4, Code 2016, are
  5 35 amended by striking the subsections.
  6  1    Sec. 19.  Section 482.14, subsection 6, Code 2016, is amended
  6  2 to read as follows:
  6  3    6.  Facilities and records of commercial fish buyers,
  6  4 commercial turtle buyers, commercial roe harvesters, and
  6  5 commercial roe buyers shall be open at all reasonable times for
  6  6 inspection by any conservation officer.
  6  7    Sec. 20.  Section 483A.28, subsection 2, Code 2016, is
  6  8 amended to read as follows:
  6  9    2.  A valid fishing license issued pursuant to this chapter
  6 10 entitles the licensee to take and possess a maximum of one
  6 11 hundred pounds of live turtles or fifty pounds of dressed
  6 12 turtles. Any unattended fishing gear used to take turtles
  6 13 pursuant to a fishing license shall be tagged with the name and
  6 14 address of the licensee on a weather=resistant tag provided
  6 15 by the licensee and affixed above the waterline. A fishing
  6 16 licensee is not permitted to sell, barter, or trade live or
  6 17 dressed turtles taken pursuant to the license.  The commission
  6 18 shall provide, by rules adopted pursuant to chapter 17A, that
  6 19 turtles shall not be taken or possessed pursuant to a fishing
  6 20 license issued under this chapter during the period beginning
  6 21 January 1 and ending July 15, inclusive.
  6 22    Sec. 21.  REPEAL.  Section 482.11, Code 2016, is repealed.
  6 23                           EXPLANATION
  6 24 The inclusion of this explanation does not constitute agreement with
  6 25 the explanation's substance by the members of the general assembly.
  6 26    This bill relates to the harvesting of turtles and includes
  6 27 penalties.
  6 28    The bill requires the natural resource commission to adopt
  6 29 rules that prohibit commercial turtle harvesting in any waters
  6 30 of the state. "Commercial turtle harvesting" means taking,
  6 31 attempting to take, possessing, or transporting of commercial
  6 32 turtles or turtle eggs for the purpose of selling, bartering,
  6 33 trading, offering, or exposing for sale. Code chapter 482 is
  6 34 amended to strike numerous provisions related to commercial
  6 35 harvesting of turtles. Code section 482.11, allowing a person
  7  1 to commercially take, attempt to take, possess, transport, or
  7  2 sell turtles or turtle eggs pursuant to a commercial fishing
  7  3 license, is repealed. A person who unlawfully uses commercial
  7  4 gear to harvest turtles is subject to a scheduled fine of $100.
  7  5    The bill also requires the commission to provide, by rules,
  7  6 that turtles shall not be taken or possessed pursuant to a
  7  7 noncommercial fishing license during the period beginning
  7  8 January 1 and ending July 15, inclusive. A violation of this
  7  9 provision is punishable with a scheduled fine of $25.
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