House File 722       

                            AN ACT
RELATING TO REGULATION OF CERTAIN CONSERVATION AND RECREATION
   ACTIVITIES UNDER THE JURISDICTION OF THE DEPARTMENT OF
   NATURAL RESOURCES, MODIFYING FEES, ESTABLISHING AN UPLAND
   GAME BIRD STUDY ADVISORY COMMITTEE, MAKING PENALTIES
   APPLICABLE, AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 321G.2, subsection 1, paragraph e, Code
2009, is amended to read as follows:
   e.  Establishment of a program of grants, subgrants, and
contracts to be administered by the department for the
development and delivery of certified courses of instruction
for the safe use and operation of snowmobiles, maintenance,
and operation of designated snowmobile trails and grooming
equipment by political subdivisions and incorporated private
organizations.
   Sec. 2.  Section 321G.2, subsection 1, Code 2009, is
amended by adding the following new paragraphs:
   NEW PARAGRAPH.  i.  Establishment of a certified education
course for the operation of snowmobile grooming equipment.
   NEW PARAGRAPH.  j.  Establishment of a certified education
course for the safe use and operation of snowmobiles.
   NEW PARAGRAPH.  k.  Certification of volunteer snowmobile
education instructors.
   Sec. 3.  Section 321G.11, subsection 1, Code 2009, is
amended by striking the subsection and inserting in lieu
thereof the following:
   1.  The exhaust of every internal combustion engine used in
any snowmobile shall be effectively muffled by equipment
constructed and used to muffle all snowmobile noise in a
reasonable manner in accordance with rules adopted by the
commission.
   Sec. 4.  Section 321G.21, subsection 9, Code 2009, is
amended to read as follows:
   9.  The department commission may adopt rules consistent
with this chapter establishing minimum requirements for
dealers.  In adopting such rules, the department commission
shall consider the need to protect persons, property, and the
environment and to promote uniformity of practices relating to
the sale and use of snowmobiles.  The commission may also
adopt rules providing for the suspension or revocation of a
dealer's special registration certificate issued pursuant to
this section.
   Sec. 5.  Section 321G.24, subsection 3, Code 2009, is
amended to read as follows:
   3.  Any person who is required to have a safety certificate
under this chapter and who has completed a course of
instruction established under section 321G.2, subsection 1,
paragraph "e" "j", including the successful passage of an
examination which includes a written test relating to such
course of instruction, shall be considered qualified to apply
for receive a safety certificate.  The commission may waive
the requirement of completing such course of instruction if
such person successfully passes a written test based on such
course of instruction.
   Sec. 6.  Section 321I.1, subsection 1, paragraph c, Code
2009, is amended by striking the paragraph.
   Sec. 7.  Section 321I.1, subsection 16, Code 2009, is
amended to read as follows:
   16.  a.  "Off=road utility vehicle" means a motorized
flotation=tire vehicle with not less than four and not more
than six eight low=pressure tires that is limited in engine
displacement to less than one thousand five hundred cubic
centimeters and in total dry weight to not more than one
thousand eight hundred pounds and that has a seat that is of
bucket or bench design, not intended to be straddled by the
operator, and a steering wheel or control levers for control.
   b.  An owner of an off=road utility vehicle may register or
title an off=road utility vehicle in order to legally operate
the off=road vehicle on public ice, a designated riding area,
or a designated riding trail.  The operator of an off=road
utility vehicle is subject to provisions governing the
operation of all=terrain vehicles in section 321.234A and this
chapter, but is exempt from the safety instruction and
certification program requirements of sections 321I.25 and
321I.26.  An operator of an off=road utility vehicle shall not
operate the vehicle on a designated riding area or designated
riding trail unless the department has posted signage
indicating the riding area or trail is open to the operation
of off=road utility vehicles.  Off=road utility vehicles are
exempt from the dealer registration and titling requirements
of this chapter.  A motorized vehicle that was previously
titled or is currently titled under chapter 321 shall not be
registered or operated as an off=road utility vehicle.
   Sec. 8.  Section 321I.2, subsection 1, paragraph e, Code
2009, is amended to read as follows:
   e.  Establishment of a program of grants, subgrants, and
contracts to be administered by the department for the
development and delivery of certified courses of instruction
for the safe use and operation of all=terrain vehicles,
maintenance, and operation of designated all=terrain vehicle
riding areas and trails by political subdivisions and
incorporated private organizations.
   Sec. 9.  Section 321I.2, subsection 1, paragraph i, Code
2009, is amended by striking the paragraph and inserting in
lieu thereof the following:
   i.  Establishment of a certified education course for the
safe use and operation of all=terrain vehicles.
   Sec. 10.  Section 321I.2, subsection 1, Code 2009, is
amended by adding the following new paragraph:
   NEW PARAGRAPH.  j.  Certification of volunteer all=terrain
vehicle education instructors.
   Sec. 11.  Section 321I.22, subsection 9, Code 2009, is
amended to read as follows:
   9.  The department commission may adopt rules consistent
with this chapter establishing minimum requirements for
dealers.  In adopting such rules, the department shall
consider the need to protect persons, property, and the
environment and to promote uniformity of practices relating to
the sale and use of all=terrain vehicles.  The commission may
also adopt rules providing for the suspension or revocation of
a dealer's special registration certificate issued pursuant to
this section.
   Sec. 12.  Section 321I.26, subsection 3, Code 2009, is
amended to read as follows:
   3.  Any person who is required to have a safety certificate
under this chapter and who has completed a course of
instruction established under section 321I.2, subsection 1,
paragraph "e" "i", including the successful passage of an
examination which includes either a written test relating to
such course of instruction or the demonstration of adequate
riding skills, shall be considered qualified to apply for
receive a safety certificate.  The commission may waive the
requirement of completing such course of instruction if such
person successfully passes a written test based on such course
of instruction.
   Sec. 13.  Section 452A.17, subsection 1, paragraph a,
subparagraph (7), Code 2009, is amended to read as follows:
   (7)  A bona fide commercial fisher, licensed and operating
under an owner's certificate for commercial fishing gear
issued pursuant to section 482.4.
   Sec. 14.  Section 464A.11, subsection 2, unnumbered
paragraph 1, Code 2009, is amended to read as follows:
   In administering the water trails and low head dam public
hazard program, the department shall conduct a study of
waterways for recreational purposes and develop a statewide
plan by January 1 March 31, 2010.  Elements of the plan shall
include but not be limited to:
   Sec. 15.  Section 481A.19, subsection 1, paragraph b, Code
2009, is amended to read as follows:
   b.  Any person licensed by the authority of Illinois,
Minnesota, Missouri, Wisconsin, Nebraska, or South Dakota to
take fish, game, mussels, or fur=bearing animals from or in
lands under the jurisdiction of any of those states may take
such fish, game, mussels, or fur=bearing animals from or in
lands under the jurisdiction of the commission when such land
is wholly surrounded by adjacent to that respective state but
is separated from other land in Iowa by a body of water,
without having procured a license from the director of this
state, in the same manner that persons holding Iowa licenses
may do, if the laws of Illinois, Minnesota, Missouri,
Wisconsin, Nebraska, or South Dakota, respectively, extend a
similar privilege to persons so licensed under the laws of
Iowa.
   Sec. 16.  Section 481A.19, subsection 2, Code 2009, is
amended to read as follows:
   2.  Any privileges conferred by this section shall be
subject to a reciprocal agreement as negotiated by the
commission and the authority of a state provided in subsection
1 which confers upon a licensee of this state reciprocal
rights, privileges, and immunities as provided in section
483A.31.  Such agreements may include determination of which
state's seasons and limits shall apply for specific
geographical areas.
   Sec. 17.  Section 481A.122, Code 2009, is amended by adding
the following new subsection:
   NEW SUBSECTION.  3.  This section is not applicable to a
person who is legally hunting with a raptor.
   Sec. 18.  Section 481A.130, subsection 1, paragraphs d and
e, Code 2009, are amended to read as follows:
   d.  For each fish, reptile, mussel, or amphibian, fifteen
dollars.
   e.  For each beaver, bobcat, mink, otter, red fox, gray
fox, or raccoon, two hundred dollars.
   Sec. 19.  Section 481A.130, subsection 1, Code 2009, is
amended by adding the following new paragraph:
   NEW PARAGRAPH.  i.  For each fish, reimbursement shall be
as follows:
   (1)  For each fish of a species other than shovelnose
sturgeon, with an established daily limit greater than
twenty=five, fifteen dollars.
   (2)  For each fish of a species other than paddlefish and
muskellunge, with an established daily limit of twenty=five or
less, fifty dollars.
   (3)  For each shovelnose sturgeon, paddlefish, and
muskellunge, one thousand dollars.
   Sec. 20.  Section 481A.130, Code 2009, is amended by adding
the following new subsection:
   NEW SUBSECTION.  4.  This section does not apply to a
person who is liable to pay restitution to the department
pursuant to section 481A.151 for injury to a wild animal
caused by polluting a water of this state in violation of
state law.
   Sec. 21.  Section 482.1, Code 2009, is amended to read as
follows:
   482.1  AUTHORITY OF THE COMMISSION.
   1.  The natural resource commission shall observe,
administer, and enforce this chapter.  The natural resource
commission may adopt and enforce rules under chapter 17A as
necessary to carry out this chapter.
   2.  The natural resource commission may:
   1.  a.  Remove or cause to be removed from the waters of
the state any aquatic species that in the judgment of the
commission is an underused renewable resource or has a
detrimental effect on other aquatic populations.  All proceeds
from a sale of these aquatic organisms shall be credited to
the state fish and game protection fund.
   2.  b.  Issue to any person a permit or license authorizing
that person to take, possess, and sell underused, undesirable,
or injurious aquatic organisms from the waters of the state.
The person receiving a permit or license shall comply with the
applicable provisions of this chapter.
   3.  c.  Authorize the director to enter into written
contracts for the removal of underused, undesirable, or
injurious organisms from the waters of the state.  The
contracts shall specify all terms and conditions desired.
Sections 482.4, 482.6, and 482.14 do not apply to these
contracts.
   4.  d.  Prohibit, restrict, or regulate commercial fishing,
and commercial turtle fishing, and commercial mussel fishing
harvesting in any waters of the state.
   5.  e.  Revoke the license of a licensee and the licensee's
designated operators for up to one year if the licensee or any
designated operator has been convicted of a violation of
chapter 481A, 482, or 483A.  A licensee shall not continue
commercial fishing while a license issued by the natural
resource commission or issued by another state is under
revocation or suspension.
   6.  f.  Regulate the numbers of commercial fishers, and
commercial turtle fishers, and commercial mussel fishers
harvesters and the amount, type, seasonal use, mesh size,
construction and design, manner of use, and other criteria
relating to the use of commercial gear for any body of water
or part thereof.
   7.  g.  Establish catch quotas, seasons, size limits, and
other regulations for any species of commercial fish, or
turtles, or mussels for any body of water or part thereof.
   8.  h.  Designate by listing species as commercial fish, or
turtles, or mussels.
   9.  i.  Designate any body of water or its part as
protected habitat and restrict, prohibit, or otherwise
regulate the taking of commercial fish, and turtles, and
mussels in protected habitat areas.
   3.  Employees of the commission department may lift and
inspect any commercial gear at any time when being used and
may inspect commercial catches, commercial markets, and
landings, and examine catch sale and purchase records of
commercial fishers, commercial turtle fishers harvesters, and
commercial mussel fishers roe harvesters, commercial turtle
buyers, and commercial roe buyers upon demand.
   4.  Officers Employees of the commission department may
seize and retain as evidence any illegal fish, or turtles, or
mussels, or any illegal commercial gear, or any other personal
property used in violation of any provision of the Code, and
may confiscate any untagged or illegal commercial gear as
contraband.
   Sec. 22.  Section 482.2, Code 2009, is amended to read as
follows:
   482.2  DEFINITIONS.
   As used in this chapter, unless the context otherwise
requires:
   1.  "Boundary waters" means the waters of the Mississippi,
Missouri, and Big Sioux rivers.
   2.  "Commercial fish helper" means a person who is licensed
by the state to assist a commercial fisher or a commercial roe
harvester in operating commercial gear or in taking,
attempting to take, possessing, or transporting commercial
fish, roe species, roe, or turtles.
   2.  3.  "Commercial fisher" means a person who is licensed
by the state to take and sell fish from waters of the state,
attempt to take, possess, transport, sell, barter, or trade
turtles or turtle eggs, commercial fish except roe species, or
fish parts except roe.
   3.  4.  "Commercial fishing" means taking, attempting to
take, possessing, or transporting of commercial fish or
turtles for the purpose of selling, bartering, exchanging
trading, offering, or exposing for sale.
   4.  5.  "Commercial gear" means the capturing equipment
used by commercial fishers, commercial roe harvesters, and
commercial turtle fishers, and commercial mussel fishers
harvesters.
   5.  "Commercial mussel fisher" means a person who is
licensed to take and sell freshwater mussels from waters of
the state.  A resident commercial mussel license holder must
have resided in this state for one year preceding the person's
application for a commercial mussel fishing license.
   6.  "Commercial mussel fishing" means taking, attempting to
take, or transporting of freshwater mussels for the purpose of
selling, bartering, exchanging, offering, or exposing for
sale.
   6.  "Commercial roe buyer" means a person who is licensed
by the state to engage in the business of buying, selling,
bartering, or trading of roe and roe species.
   7.  "Commercial roe harvester" means a person who is
licensed by the state to engage in the harvest and sale,
barter, or trade of roe and roe species.
   7.  8.  "Commercial species" means species of fish, and
turtles, and freshwater mussels which may be lawfully taken
and sold by commercial fishers, commercial roe harvesters, and
commercial turtle fishers harvesters, and commercial mussel
fishers, as established by rule by the commission.
   9.  "Commercial turtle buyer" means a person who is
licensed by the state to engage in the business of buying,
selling, bartering, or trading commercial turtles or turtle
eggs.
   9.  10.  "Commercial turtle fishing" harvesting" means
taking, attempting to take, possessing, or transporting of
commercial turtles or turtle eggs for the purpose of selling,
bartering, exchanging trading, offering, or exposing for sale.
   8.  11.  "Commercial turtle fisher" harvester" means a
person who is licensed by the state to take, attempt to take,
possess, transport, and sell, barter, or trade commercial
turtles from the waters of the state or turtle eggs.
   12.  "Commercial turtle helper" means a person who is
licensed by the state to assist a commercial turtle harvester
in operating commercial gear, or in taking, attempting to
take, possessing, or transporting commercial turtles or turtle
eggs.
   10.  13.  "Constant attendance" means the presence of a
commercial fisher or a designated operator whenever commercial
gear is in use.
   11.  14.  "Director" means the director of the department
of natural resources, and the director's duly authorized
assistants, deputies, or agents.
   12.  15.  "Game fish" means all species and size categories
of fish not included as "commercial species" or minnows.
   13.  16.  "Inland waters of the state" means all public
waters of the state excluding the boundary waters of the
Mississippi, Big Sioux, and Missouri rivers.
   14.  17.  "Licensed commercial gear" means any commercial
gear that is licensed as provided in this chapter and that,
when in use, has attached the proper tags attached as provided
by this chapter.
   15.  18.  "Nonresident or alien" means a person who does
not qualify as a resident of the state of Iowa either because
of a bona fide residence in another state or because of
citizenship of a country other than the United States.
However, "alien" does not include a person who has applied for
naturalization papers as defined in section 483A.1A.
   16.  19.  "Resident" means a person who is legally subject
to motor vehicle registration and driver's license laws of
this state, or who is qualified to vote in an election of this
state as defined in section 483A.1A.
   20.  "Roe" means fish eggs.
   21.  "Roe species" means fish harvested for their eggs.
Roe species include but are not limited to shovelnose sturgeon
and bowfin and any other fish defined as roe species by the
commission by rule.
   17.  22.  "Waters of the state" means all of the waters
under the jurisdiction of the state.
   Sec. 23.  Section 482.4, Code 2009, is amended to read as
follows:
   482.4  COMMERCIAL LICENSES AND GEAR TAGS.
   1.  A person shall not use or operate commercial gear
unless at least one an individual is at the site where the
commercial gear is being operated who possesses an appropriate
valid commercial license, or a designated operator's license.
A commercial license is valid from the date of issue to
January 10 of the succeeding calendar year.
   2.  A commercial fisher may designate a person as a
designated operator to lift and to fish with any licensed
commercial fishing gear owned by the commercial fisher.  A
commercial fisher shall not have more than five designated
operators.  A designated operator's license shall be assigned
to not more than three operators during a year and a
designated operator's license shall be valid for use only by
an operator who possesses the license and has signed the
license.  The signature of any preceding designated operator
who possessed the license shall be crossed out.  A designated
operator shall not lift or fish any commercial fishing gear
without possessing a designated operator's license which is
signed by the operator.  A designated operator's license which
is not signed by the operator in possession of the license is
forfeited to the state.
   3.  A boundary water annual sport trotline license permits
the licensee to use a maximum of four trotlines with two
hundred hooks in the aggregate.  All boundary water sport
trotlines shall be tagged with the name and address of the
licensee on a metal tag affixed above the waterline.
   2.  A commercial roe harvester shall possess a valid
commercial fishing license and a valid commercial roe
harvester license.
   4.  3.  Commercial fishers and commercial turtle fishers
harvesters shall purchase gear tags from the commission to be
affixed to each piece of gear in use.  Notwithstanding the fee
rates for gear tags of under subsection 7 6, the minimum fee
for a gear tag 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 metal weather=resistant tag
showing the name and address of the licensee and whether the
gear is fish or turtle gear.
   5.  4.  All numbered fish gear tags are interchangeable
among the different types of commercial fishing gear.
   6.  5.  Annual license fees are as follows:
   a.  Commercial fishing fisher, resident .......... $  200.00
   b.  Commercial fishing fisher, nonresident ....... $  400.00
   c.  Designated operator Commercial fish
helper, resident .................................... $   50.00
   d.  Designated operator Commercial fish
helper, nonresident ................................. $  100.00
   e.  Commercial roe buyer, resident ............... $  250.00
   f.  Commercial roe buyer, nonresident ............ $  500.00
   g.  Commercial roe harvester, resident ........... $  100.00
   h.  Commercial roe harvester, nonresident ........ $3,500.00
   i.  Commercial turtle buyer, resident ............ $  200.00
   j.  Commercial turtle buyer, nonresident ......... $  400.00
   e.  k.  Commercial turtle harvester, resident .... $   50.00
                                                         100.00
   f.  l.  Commercial turtle harvester, nonresident . $  100.00
                                                         400.00
   g.  m.  Commercial mussel fisher turtle helper,
resident ............................................ $  100.00
                                                          50.00
   h.  n.  Commercial mussel buyer, resident ........ $1,000.00
turtle helper, nonresident                               100.00
   i.  Commercial mussel buyer, nonresident ......... $5,000.00
   j.  Boundary water sport trotline, resident ...... $   10.00
   k.  Boundary water sport trotline, nonresident ... $   20.00
   l.  Commercial mussel fisher, nonresident ........ $2,500.00
   m.  Commercial mussel helper, resident ........... $   50.00
   n.  Commercial mussel helper, nonresident ........ $  200.00
   7.  6.  Commercial fish gear tags are required on the
following units of commercial fishing gear at the listed fee:
   a.  Seine, resident, one gear tag for each
100 feet or fraction thereof ........................ $    1.00
   b.  Seine, nonresident, one gear tag for
each 100 feet or fraction thereof ................... $    2.00
   c.  Trammel net, resident, one gear tag
for each 100 feet or fraction thereof ............... $    1.00
   d.  Trammel net, nonresident, one gear
tag for each 100 feet or fraction thereof ........... $    2.00
   e.  Gill net, resident, one gear tag for
each 100 feet or fraction thereof ................... $    1.00
   f.  Gill net, nonresident, one gear tag
for each 100 feet or fraction thereof ............... $    2.00
   g.  Entrapment nets, resident, one
gear tag per net .................................... $    1.00
   h.  Entrapment nets, nonresident, one
gear tag per net .................................... $    2.00
   i.  Commercial trotline, resident, one
gear tag for each 50 hooks or less .................. $    1.00
   j.  Commercial trotline, nonresident,
one gear tag for each 50 hooks or less .............. $    2.00
   8.  7.  Turtle trap gear tags are not interchangeable with
other commercial gear.  Turtle trap gear tag fees are as
follows:
   a.  Commercial turtle trap, resident,
one gear tag per trap ............................... $    1.00
   b.  Commercial turtle trap, nonresident,
one gear tag per trap ............................... $    2.00
   Sec. 24.  Section 482.5, Code 2009, is amended to read as
follows:
   482.5  COMMERCIAL GEAR.
   It is lawful for a person who is legally licensed to
harvest commercial fish or commercial turtles to use the
commercial fishing gear of a design, construction, size,
season, and all other criteria established by the commission
for taking those species of fish and turtles designated by the
commission by rule.
   Sec. 25.  Section 482.7, Code 2009, is amended to read as
follows:
   482.7  GEAR ATTENDANCE.
   1.  The A commercial fisher, commercial turtle harvester,
or commercial roe harvester licensee or a designated operator
must be present when lifting commercial gear is operated.  A
commercial fish helper or commercial turtle helper shall not
operate commercial gear except under the direct supervision of
a commercial fisher, commercial turtle harvester, or
commercial roe harvester.  A nonresident commercial turtle
helper is licensed only to assist a licensed nonresident
commercial turtle harvester.  Commercial gear shall be lifted
and emptied of catch as provided by the rules of the
commission.  Constant attendance by the licensee or a
designated operator commercial fisher of seines, trammel nets,
and gill nets is required when the gear is fished by driving,
drive=seining, seining, floating, or drifting methods.
Officers of the commission shall may grant a reasonable
extension of gear attendance intervals in cases of inclement
weather or unsafe conditions only upon the request of a
commercial fisher, commercial turtle harvester, or commercial
roe harvester specifying why such an extension is necessary.
   2.  For the purposes of this section, "direct supervision"
means that a commercial fisher, commercial turtle harvester,
or commercial roe harvester must be in the same boat, within
hand=signal distance, or within vocal communication distance,
without the help of any electronic or amplifying device, of
the commercial fish helper or commercial turtle helper being
supervised.
   Sec. 26.  Section 482.8, subsection 1, Code 2009, is
amended to read as follows:
   1.  It is lawful for licensed commercial fishers,
designated operators, commercial turtle fishers, and licensed
sport trotline fishers harvesters, and commercial roe
harvesters to pursue, take, possess, and transport any
commercial fish or their parts, bait fish, turtles, frogs,
salamanders, leeches, crayfish, or any other aquatic
invertebrates for bait unless otherwise prohibited by law.
   Sec. 27.  Section 482.9, subsections 4 and 7, Code 2009,
are amended to read as follows:
   4.  For a person to lift or to fish licensed commercial
gear of another person, except by the licensee and the
licensee's designated operators.
   7.  To block or inhibit navigation through channels with
commercial fishing gear unless a minimum of three feet of
water depth is maintained over float lines of any entanglement
gear or leads to trap nets.  Gear shall not block over
one=half the width of a navigable channel if there is less
than three feet of water over the gear.
   Sec. 28.  Section 482.10, Code 2009, is amended to read as
follows:
   482.10  SALE OF COMMERCIAL FISH LICENSES.
   1.  A person possessing a All persons who commercially
take, attempt to take, possess, transport, sell, barter,
trade, or buy commercial fish or their parts shall possess an
appropriate, valid commercial fishing license or designated
operator's license may possess and sell any commercial fish,
turtles, or freshwater mussels, or their parts, which have
been lawfully taken.  This subsection does not apply to an
individual who buys commercial fish or their parts from a
commercial fisher for personal consumption.
   a.  A commercial fisher license is required to operate
commercial gear and to take, attempt to take, possess,
process, transport, or sell any commercial fish, commercial
turtles, or turtle eggs.
   b.  A commercial fish helper license is required to assist
a commercial fisher or commercial roe harvester in operating
commercial gear and in taking, attempting to take, possessing,
or transporting commercial fish, roe species, roe, commercial
turtles, or turtle eggs.  A commercial fish helper is not
permitted to buy, sell, barter, or trade commercial fish, roe
species, roe, commercial turtles, or turtle eggs.  A
commercial fish helper license is not required for a person
under sixteen years of age to assist a commercial fisher as
provided in this paragraph "b".
   c.  A commercial roe harvester license is required to
harvest, possess, transport, or sell roe or roe species or
their parts.  A commercial roe harvester is not permitted to
buy, barter, or trade roe or roe species unless in possession
of a valid roe buyer license.  A commercial roe harvester
shall sell roe or roe species only to a commercial roe buyer
licensed in this state.
   d.  A commercial roe buyer license is required to buy,
barter, or trade roe or roe species for resale.
   2.  All intrastate and interstate shipments of commercial
fish, or turtles, or roe or roe species, must be accompanied
by a label receipt which shows the name and address of the
seller and the kinds, date of sale, and the species, numbers,
and pounds of the catches fish, roe species, roe, turtles, or
turtle eggs being sold.  Individuals purchasing fish, turtles,
or mussels from a commercial fisher, turtle fisher, or mussel
fisher need not possess a license.
   Sec. 29.  Section 482.11, subsections 1 and 3, Code 2009,
are amended to read as follows:
   1.  A person shall not All persons who commercially take,
attempt to take, possess, transport, or sell turtles from the
waters of the state without or turtle eggs shall possess an
appropriate, valid commercial license.  This subsection does
not apply to an individual who buys turtles or turtle eggs
from a commercial fisher or a commercial turtle harvester for
personal consumption.
   a.  A valid sport fishing license entitles a person
commercial turtle harvester license is required to operate
commercial gear and to take and, attempt to take, possess a
maximum of one hundred pounds of live turtles or fifty pounds
of dressed turtles, transport, sell, barter, or trade
commercial turtles or turtle eggs.  The sale of live or
dressed turtles is not permitted with a sport fishing license.
Nonresident commercial turtle harvesters shall harvest
commercial turtles only from the boundary waters.
   b.  A commercial turtle helper license is required to take
and possess more than one hundred pounds of live or fifty
pounds of dressed turtles.  The holder of assist a commercial
turtle license may sell live or dressed turtles harvester in
operating commercial gear, and in taking, attempting to take,
possessing, or transporting commercial turtles or turtle eggs.
A commercial turtle helper is not permitted to buy, sell,
barter, or trade commercial turtles or turtle eggs.  A
commercial turtle helper license is not required for a person
under sixteen years of age to assist a commercial turtle
harvester as provided in this paragraph "b".
   c.  A commercial turtle buyer license is required to engage
in the business of buying, bartering, or trading commercial
turtles or turtle eggs.
   c.  d.  A commercial fishing fisher license or a designated
operator's license entitles commercial fishers to operate any
licensed commercial fishing gear for taking, possessing, or
selling and to take, attempt to take, possess, and sell,
barter, or trade turtles or turtle eggs taken with such
commercial gear.
   d.  An individual possessing a valid commercial turtle
license may have the assistance of one unlicensed individual
in the commercial taking of turtles.
   3.  The method of taking turtles shall only be by hand,
turtle hook, turtle trap, licensed commercial fishing gear, or
other means designated by commission rules.  Sport fishers may
also use hook=and=line in catching turtles.
   Sec. 30.  Section 482.11, subsections 3 and 4, Code 2009,
are amended by striking the subsections.
   Sec. 31.  Section 482.14, Code 2009, is amended to read as
follows:
   482.14  REPORTS AND RECORDS REQUIRED == INSPECTIONS.
   1.  All commercial fishers, commercial turtle fishers
harvesters, commercial turtle buyers, commercial mussel
fishers roe harvesters, and commercial mussel roe buyers shall
submit a monthly report supplying all information requested on
forms furnished by the commission department.  Reports must be
received by the commission department no later than the
fifteenth day of the following month.
   2.  Commercial fishers shall utilize a dated receipt with
at least two parts, with one original and one copy of each
receipt, that contains the species, number, and pounds of fish
or turtles sold, bartered, or traded.  Commercial fishers
shall retain a copy of each receipt for five years following
the transaction.  A purchaser of commercial fish or turtles
shall retain a copy of the receipt for as long as the
purchaser is in possession of the fish or turtles.
   3.  Commercial turtle harvesters shall utilize a dated
receipt with at least two parts, with one original and one
copy of each receipt, that contains the species, number, and
pounds of turtles sold, bartered, or traded.  Commercial
turtle harvesters shall retain a copy of each receipt for five
years following the transaction.  A purchaser of commercial
turtles shall retain a copy of the receipt for as long as the
purchaser is in possession of the turtles.
   4.  Commercial turtle buyers shall maintain accurate
records of all transactions.  The records shall contain the
date, number, weight, and species of turtles purchased, the
name and address of the seller, and the county or pools where
the turtles were taken.  The records shall be updated monthly.
Such records shall be available for examination by employees
of the department upon request.  A commercial turtle buyer
shall only purchase turtles from a licensed commercial fisher
or commercial turtle harvester.
   5.  Commercial roe buyers shall utilize a receipt with at
least two parts, with one original and at least one copy of
each receipt, for each purchase of commercial roe species and
roe.  The original of the receipt shall be kept by the
commercial roe buyer and a copy of the receipt shall be given
to the commercial roe harvester selling the commercial roe
species or roe.  Commercial roe buyers and commercial roe
harvesters shall retain such receipts for five years following
the date of the transaction.
   6.  Facilities and records of commercial fish buyers,
commercial turtle buyers, commercial roe harvesters, and
commercial roe buyers shall be open at all reasonable times
for inspection by any conservation officer.
   Sec. 32.  Section 483A.1, subsection 1, Code 2009, is
amended by adding the following new paragraph:
   NEW PARAGRAPH.  u.  Boundary waters sport
trotline license, annual ............................ $   20.50
   Sec. 33.  Section 483A.1, subsection 2, Code 2009, is
amended by adding the following new paragraphs:
   NEW PARAGRAPH.  ee.  Preference point issued
under section 483A.7, subsection 3, paragraph
"b", or section 483A.8, subsection 3, paragraph "e" . $   50.00
   NEW PARAGRAPH.  w.  Boundary waters sport
trotline license, annual ............................ $   40.50
   Sec. 34.  Section 483A.1A, Code 2009, is amended by adding
the following new subsections:
   NEW SUBSECTION.  0A.  "Boundary waters" means the waters of
the Mississippi, Missouri, and Big Sioux rivers.
   NEW SUBSECTION.  6A.  "Nonresident" means a person who is
not a resident as defined in subsection 7.
   NEW SUBSECTION.  6B.  "Principal and primary residence or
domicile" means the one and only place where a person has a
true, fixed, and permanent home, and to where, whenever the
person is briefly and temporarily absent, the person intends
to return.  Relevant factors in determining a person's
principal and primary residence or domicile include but are
not limited to proof of place of employment, mailing address,
utility records, land ownership records, vehicle registration,
and address listed on the person's state and federal income
tax returns.  A person shall submit documentation to establish
the person's principal and primary residence or domicile to
the department or its designee upon request.  The department
or its designee shall keep confidential any document received
pursuant to such a request if the document is required to be
kept confidential by state or federal law.
   Sec. 35.  Section 483A.1A, subsection 7, Code 2009, is
amended to read as follows:
   7.  "Resident" means a natural person who meets any of the
following criteria during each year in which the person claims
status as a resident:
   a.  Has physically resided in this state at least thirty as
the person's principal and primary residence or domicile for a
period of not less than ninety consecutive days immediately
before applying for or purchasing a resident license, tag, or
permit under this chapter and has been issued an Iowa driver's
license or an Iowa nonoperator's identification card.  A
person is not considered a resident under this paragraph if
the person is residing in the state only for a special or
temporary purpose including but not limited to engaging in
hunting, fishing, or trapping.
   b.  Is a full=time student at either of the following:
   (1)  an An accredited educational institution located in
this state and resides in this state while attending the
educational institution.
   (2)  An accredited educational institution located outside
of this state, if the person is under the age of twenty=five
and has at least one parent or legal guardian who maintains a
principal and primary residence or domicile in this state.
   c.  A Is a student who qualifies as a resident pursuant to
this paragraph "b" only for the purpose of purchasing any
resident license specified in section 483A.1 or 484A.2.
   c.  d.  Is a nonresident under eighteen years of age whose
parent is a resident of this state.
   d.  e.  Is a member of the armed forces of the United
States who is serving on active duty, claims residency in this
state, and has filed a state individual income tax return as a
resident pursuant to chapter 422, division II, for the
preceding tax year, or is stationed in this state.
   e.  Is registered to vote in this state.
   Sec. 36.  Section 483A.2, Code 2009, is amended to read as
follows:
   483A.2  DUAL RESIDENCY.
   A resident license shall be limited to persons who do not
claim any resident privileges, except as defined in section
483A.1A, subsection 7, paragraphs "b", "c", and "d", and "e",
in another state or country.  A person shall not purchase or
apply for any resident license or permit if that person has
claimed residency in any other state or country.
   Sec. 37.  Section 483A.7, subsection 3, Code 2009, is
amended to read as follows:
   3.  a.  A nonresident wild turkey hunter is required to
have a nonresident hunting license and a nonresident wild
turkey hunting license and pay the wildlife habitat fee.  The
commission shall annually limit to two thousand three hundred
licenses the number of nonresidents allowed to have wild
turkey hunting licenses.  Of the two thousand three hundred
licenses, one hundred fifty licenses shall be valid for
hunting with muzzle loading shotguns only.  The commission
shall allocate the nonresident wild turkey hunting licenses
issued among the zones based on the populations of wild
turkey.  A nonresident applying for a wild turkey hunting
license must exhibit proof of having successfully completed a
hunter safety and ethics education program as provided in
section 483A.27 or its equivalent as determined by the
department before the license is issued.
   b.  The commission shall assign one preference point to a
nonresident whose application for a nonresident wild turkey
hunting license is denied due to limitations on the number of
nonresident wild turkey hunting licenses available for
issuance that year.  An additional preference point shall be
assigned to that person each subsequent year the person's
license application is denied for that reason.  A nonresident
may purchase additional preference points pursuant to section
483A.1, subsection 2, paragraph "ee".  The first nonresident
wild turkey hunting license drawing each year shall be made
from the pool of applicants with the most preference points
and continue to pools of applicants with successively fewer
preference points until all available nonresident wild turkey
hunting licenses have been issued.  If a nonresident applicant
receives a wild turkey hunting license, all of the applicant's
assigned preference points at that time shall be removed.
   Sec. 38.  Section 483A.8, subsections 3, 4, and 5, Code
2009, are amended to read as follows:
   3.  a.  A nonresident hunting deer is required to have a
nonresident hunting license and a nonresident deer hunting
license and must pay the wildlife habitat fee.  In addition, a
nonresident who purchases a deer hunting license shall pay a
one dollar fee that shall be used and is appropriated for the
purpose of deer herd population management, including
assisting with the cost of processing deer donated to the help
us stop hunger program administered by the commission.
   b.  A nonresident who purchases an antlered or any sex deer
hunting license pursuant to section 483A.1, subsection 2,
paragraph "e", is required to purchase an antlerless deer only
deer hunting license at the same time, pursuant to section
483A.1, subsection 2, paragraph "f".
   c.  The commission shall annually limit to six thousand the
number of nonresidents allowed to have antlered or any sex
deer hunting licenses.  Of the six thousand nonresident
antlered or any sex deer hunting licenses issued, not more
than thirty=five percent of the licenses shall be bow season
licenses.  After the six thousand antlered or any sex
nonresident deer hunting licenses have been issued, all
additional licenses shall be issued for antlerless deer only.
The commission shall annually determine the number of
nonresident antlerless deer only deer hunting licenses that
will be available for issuance.
   d.  The commission shall allocate all nonresident deer
hunting licenses issued among the zones based on the
populations of deer.  However, a nonresident applicant may
request one or more hunting zones, in order of preference, in
which the applicant wishes to hunt.  If the request cannot be
fulfilled, the applicable fees shall be returned to the
applicant.  A nonresident applying for a deer hunting license
must exhibit proof of having successfully completed a hunter
safety and ethics education program as provided in section
483A.27 or its equivalent as determined by the department
before the license is issued.
   e.  The commission shall assign one preference point to a
nonresident whose application for a nonresident antlered or
any sex deer hunting license is denied due to limitations on
the number of nonresident antlered or any sex deer hunting
licenses available for issuance that year.  An additional
preference point shall be assigned to that person each
subsequent year the person's license application is denied for
that reason.  A nonresident may purchase additional preference
points pursuant to section 483A.1, subsection 2, paragraph
"ee".  The first nonresident antlered or any sex deer hunting
license drawing each year shall be made from the pool of
applicants with the most preference points and continue to
pools of applicants with successively fewer preference points
until all available nonresident antlered or any sex deer
hunting licenses have been issued.  If a nonresident applicant
receives an antlered or any sex deer hunting license, all of
the applicant's assigned preference points at that time shall
be removed.
   4.  The commission may provide, by rule, for the issuance
of an additional antlerless deer hunting license to a person
who has been issued an antlerless deer hunting license.  The
rules shall specify the number of additional antlerless deer
hunting licenses which may be issued, and the season and zone
in which the license is valid.  The fee for an additional
antlerless deer hunting license shall be ten dollars for
residents.
   5.  A nonresident owning land in this state may apply for a
nonresident antlered or any sex deer hunting license, and the
provisions of subsection 3 shall apply.  However, if a
nonresident owning land in this state is unsuccessful in
obtaining one of the nonresident antlered or any sex deer
hunting licenses, the landowner shall be given preference for
one of the antlerless deer only nonresident deer hunting
licenses available pursuant to subsection 3.  A nonresident
owning land in this state shall pay the fee for a nonresident
antlerless only deer hunting license and the license shall be
valid to hunt on the nonresident's land only.  If one or more
parcels of land have multiple nonresident owners, only one of
the nonresident owners is eligible for a nonresident
antlerless only deer hunting license.  If a nonresident
jointly owns land in this state with a resident, the
nonresident shall not be given preference for a nonresident
antlerless only deer hunting license.  The department may
require proof of land ownership from a nonresident landowner
applying for a nonresident antlerless only deer hunting
license.
   Sec. 39.  Section 483A.8A, Code 2009, is amended to read as
follows:
   483A.8A  DEER AND WILD TURKEY HARVEST REPORTING SYSTEM.
   1.  The commission shall provide, by rule, for the
establishment of a deer and wild turkey harvest reporting
system for the purpose of collecting information from deer
hunters concerning the deer and wild turkey population in this
state.  Each person who is issued a deer or wild turkey
hunting license in this state shall report such information
pursuant to this section.  Information collected by the
commission pursuant to the deer and wild turkey harvest
reporting system from a deer hunter who takes a deer or wild
turkey shall be limited to the following:
   a.  The county where the deer or wild turkey was taken.
   b.  The season during which the deer or wild turkey was
taken.
   c.  The sex of the deer or wild turkey taken.
   d.  The age of the deer or wild turkey taken.
   e.  The type of weapon used.
   f.  The hunting license number of the hunter.
   g.  The number of days the hunter hunted.
   h.  The total number of deer or wild turkey taken by the
hunter.
   2.  The deer and wild turkey harvest reporting system
established by the commission shall utilize and is limited to
utilizing one or more of the following methods of reporting
deer or wild turkey taken by hunters:
   a.  A toll=free telephone number.
   b.  A postcard.
   c.  Reporting at an electronic licensing location.
   d.  Electronic internet communication.
   Sec. 40.  NEW SECTION.  483A.9A  COMBINATION PACKAGES OF
LICENSES.
   1.  The commission is authorized, pursuant to rules adopted
under chapter 17A, to develop combination packages of licenses
in order to offer incentives to residents to purchase
additional licenses or for the specific purpose of increasing
sales of licenses that will help to recruit or retain hunters,
anglers, and trappers in the state.
   2.  The total cost of each combination package of licenses
offered shall be less than the total cost of the licenses if
each was purchased separately.
   Sec. 41.  Section 483A.10, Code 2009, is amended to read as
follows:
   483A.10  ISSUANCE OF LICENSES.
   1.  The licenses and combination packages of licenses
issued pursuant to this chapter shall be issued by the
department or the license agents as specified by rules of the
commission.  A county recorder may issue licenses or
combination packages of licenses subject to the rules of the
commission.
   2.  The rules shall include the application procedures as
necessary.  The licenses and combination packages of licenses
shall show the total cost of the license or combination
package of licenses, including a writing fee to be retained by
the license agent and any administrative fees to be forwarded
to the department, if applicable.  A person authorized to
issue a license or combination package of licenses or collect
a fee pursuant to this chapter or chapter 484A shall charge
the fee specified in this chapter or chapter 484A only plus a
writing fee and administrative fee, if applicable.
   Sec. 42.  Section 483A.12, Code 2009, is amended to read as
follows:
   483A.12  FEES.
   1.  The license agent shall be responsible for all fees for
the issuance of hunting, fishing, and fur harvester licenses,
and combination packages of licenses sold by the license
agent.  All unused license blanks shall be surrendered to the
department upon the department's demand.
   2.  A license agent shall retain a writing fee of fifty
cents from the sale of each license or combination package of
licenses except that the writing fee for a free deer or wild
turkey license as authorized under section 483A.24, subsection
2, shall be one dollar.  If a county recorder is a license
agent, the writing fees retained by the county recorder shall
be deposited in the general fund of the county.
   Sec. 43.  NEW SECTION.  483A.28  NONCOMMERCIAL HARVEST OF
AQUATIC SPECIES.
   1.  A boundary waters sport trotline license entitles the
licensee to use a maximum of four trotlines with two hundred
hooks in the aggregate and only on boundary waters.  All
boundary waters sport trotlines shall be tagged with the name
and address of the licensee on a weather=resistant tag
provided by the licensee and affixed above the waterline.  A
boundary waters sport trotline licensee is not permitted to
sell, barter, or trade fish or turtles taken pursuant to the
license.
   2.  A valid fishing license issued pursuant to this chapter
entitles the licensee to take and possess a maximum of one
hundred pounds of live turtles or fifty pounds of dressed
turtles.  Any unattended fishing gear used to take turtles
pursuant to a fishing license shall be tagged with the name
and address of the licensee on a weather=resistant tag
provided by the licensee and affixed above the waterline.  A
fishing licensee is not permitted to sell, barter, or trade
live or dressed turtles taken pursuant to the license.
   3.  A valid fishing license issued pursuant to this chapter
entitles the licensee to take and possess a maximum amount of
mussels or shells daily as authorized by rule under the
authority of sections 456A.24, 481A.38, and 481A.39.  A
fishing licensee shall not sell, barter, or trade freshwater
mussels or shells taken pursuant to the fishing license.
   Sec. 44.  Section 484B.10, Code 2009, is amended by adding
the following new subsection:
   NEW SUBSECTION.  3.  A nonresident youth under sixteen
years of age may hunt game birds on a licensed hunting
preserve upon securing an annual hunting preserve license
restricted to hunting preserves only for a license fee of five
dollars and payment of the wildlife habitat fee.  A
nonresident youth is not required to complete the hunter
safety and ethics education course to obtain a hunting
preserve license pursuant to this subsection if the youth is
accompanied by a person who is at least eighteen years of age,
is qualified to hunt, and possesses a valid hunting license.
During the hunt, the accompanying adult must be within arm's
reach of the nonresident youth.
   Sec. 45.  Section 805.8B, subsection 3, paragraphs c, d,
and n, Code 2009, are amended to read as follows:
   c.  For violations of sections 481A.6, 481A.21, 481A.22,
481A.26, 481A.50, 481A.56, 481A.60 through 481A.62, 481A.83,
481A.84, 481A.92, 481A.123, 481A.145, subsection 3, sections
482.7, 483A.7, 483A.8, 483A.23, and 483A.24, and 483A.28, the
scheduled fine is twenty=five dollars.
   d.  For violations of sections 481A.7, 481A.24, 481A.47,
481A.52, 481A.53, 481A.55, 481A.58, 481A.76, 481A.90, 481A.91,
481A.97, 481A.122, 481A.126, 481A.142, 481A.145, subsection 2,
482.5, 482.7, sections 482.8, 482.10, and 483A.37, the
scheduled fine is fifty dollars.
   n.  For violations of section 482.11 relating to turtles:,
the scheduled fine is one hundred dollars.
   (1)  For commercial turtle violations, the scheduled fine
is one hundred dollars.
   (2)  For sport turtle violations, the scheduled fine is
fifty dollars.
   Sec. 46.  Section 805.8B, subsection 3, paragraph o, Code
2009, is amended by striking the paragraph.
   Sec. 47.  Section 805.8B, subsection 3, paragraph p,
subparagraph (5), Code 2009, is amended to read as follows:
   (5)  For a license or permit costing more than fifty
dollars but less than one hundred dollars, the scheduled fine
is one hundred dollars.
   (6)  For a license or permit costing one hundred dollars or
more, the scheduled fine is two times the cost of the original
license or permit.
   Sec. 48.  Sections 482.12 and 483A.25, Code 2009, are
repealed.
   Sec. 49.  UPLAND GAME BIRD STUDY ADVISORY COMMITTEE.  An
upland game bird study advisory committee is established for
the purpose of studying the best ways to restore sustainable
and socially acceptable populations of pheasants and quail in
the state to maximize the economic value of upland game bird
hunting to Iowa's economy while balancing the needs of the
agricultural industry.
   1.  The advisory committee shall be composed of the
following members:
   a.  One representative from each of the following
organizations or entities who, if possible, is involved with
policy decisions for that organization or entity, to be
appointed by the governor:
   (1)  Iowa association of county conservation boards.
   (2)  Iowa farm bureau federation.
   (3)  Iowa farmers union.
   (4)  Iowa conservation alliance.
   (5)  Pheasants forever.
   (6)  Quails forever.
   (7)  Iowa hospitality association.
   (8)  Izaak Walton league.
   (9)  Iowa realtors association.
   (10)  The department of transportation.
   (11)  Iowa chapter of the sierra club.
   (12)  Iowa sportsmen's federation.
   (13)  Outdoor writer's association.
   (14)  A person who represents a farm land management
company.
   (15)  Two persons who are farmers, one who farms in
northern Iowa and one who farms in southern Iowa.
   (16)  Two persons who hunt upland game birds, one who
resides in northern Iowa and one who resides in southern Iowa.
   b.  Two legislative staff members, one from the staff of
United States Senator Tom Harkin and one from the staff of
United States Senator Charles Grassley, or their designees.
   c.  The director of the department of natural resources, or
a designee.
   d.  The secretary of agriculture, or a designee.
   e.  The director of the department of economic development,
or a designee.
   f.  A representative of the United States fish and wildlife
service.
   g.  The executive director of the farm service agency, or a
designee.
   i.  A member of the state soil conservation committee, or a
designee.
   j.  A representative of the Iowa state university fisheries
and wildlife cooperative unit.
   k.  Two members of the senate, one of whom is appointed by
the majority leader of the senate and one of whom is appointed
by the minority leader of the senate.
   l.  Two members of the house of representatives, one of
whom is appointed by the speaker of the house of
representatives and one of whom is appointed by the minority
leader of the house of representatives.
   2.  The director of the department of natural resources or
the director's designee shall serve as the chairperson of the
advisory committee.
   3.  Legislative members of the committee are eligible for
per diem and reimbursement of actual expenses as provided in
section 2.10.
   4.  The committee shall review, analyze, and make
recommendations on issues relating to the state's upland game
bird population, including but not limited to the following:
   a.  The current status of Iowa's upland game bird
populations and harvest and habitat management programs.
   b.  Current farm programs and their impact on upland game
bird populations.
   c.  The economic impact and value of Iowa's upland game
bird populations to Iowa.
   d.  Upland game bird population challenges and programs in
other midwestern states.
   e.  New and innovative ways to restore sustainable
populations of Iowa's upland game birds.
   f.  An assessment of public opinion concerning the impact
and value of Iowa's upland game bird populations.
   5.  The advisory committee shall complete its deliberations
in December 2009 and submit a final report to the governor and
the general assembly summarizing the committee's activities,
analyzing the issues studied, and including any other
information or recommendations that the committee deems
relevant and necessary by January 10, 2010.  Copies of the
final report shall be sent to the national resource
conservation service, the United States fish and wildlife
service, and to members of Iowa's congressional delegation.
   Sec. 50.  EFFECTIVE DATE.  The section of this Act
establishing the upland game bird study advisory committee,
being deemed of immediate importance, takes effect upon
enactment.


                                                            
                              PATRICK J. MURPHY
                              Speaker of the House


                                                            
                              JOHN P. KIBBIE
                              President of the Senate

   I hereby certify that this bill originated in the House and
is known as House File 722, Eighty=third General Assembly.


                                                            
                              MARK BRANDSGARD
                              Chief Clerk of the House
Approved                , 2009


                           
CHESTER J. CULVER
Governor

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