HF 2343 – Pheasant population studies and reports

HF 2467 – Updates snowmobile, ATV, and personal watercraft regulations
FLOOR ACTION:

SF 2283 makes a variety of changes to conservation and recreation laws under the authority of the Iowa Department of Natural Resources (DNR). The changes include:

** Moving some violations from unscheduled fines to the standard scheduled fines, which makes enforcement simpler. This includes lowering the fine for use of fireworks in state parks.

** Clarifying that clams and mussels cannot be sold for bait, although fishers can still harvest clams and use as bait.

** Specifying which species of pheasant can be pen-reared and released into the wild.

** Authorizing the DNR to establish a shooting sports program. The program will be funded by grants or federal funds.

** Simplifying the process for tagging commercial fishing license gear.

** Correcting an error regarding reciprocity agreements for falconry licenses.

** Removing an outdated Code section governing the sale of certain islands and abandoned channels. The section being removed has been superseded by a newer Code section.

On this passage, the Senate adopted a House amendment that removed changes to regulations that were included regarding the trading and bartering of turtles and turtle eggs. The House amendment also included language to allow elk hunting preserves that do not meet minimum acreage requirements to remain in operation if they are able to obtain a waiver from the Natural Resources Commission. Prior to adopting the House amendment, there was another amendment adopted by the Senate to clarify language in the bill that restricts what species of pheasant can be stocked on private lands. The amendment clarifies that the restrictions do not apply to licensed hunting preserves, dog trials or pen-raised pheasants, but only to pheasants released on private property for stocking.  [4/16: 48-0 (Horn, Ward absent)]

HF2343 would require the DNR to conduct a scientific study to determine the effectiveness of stocking wild or first-generation pheasants in southern Iowa. The DNR currently does not stock pheasants under the presumption that it is not an effective means of managing and restoring pheasant populations. The bill also requires DNR to collect new information to confirm or revise its existing model for pheasant population change. Additionally, the bill requires the DNR to cooperate with an institution under the Board of Regents to conduct an economic impact study of pheasant hunting in Iowa, focusing on rural areas and small communities. The studies are contingent on the DNR receiving funding from public or private sources to complete the studies. [4/18: 46-1 (Black “no”; Dvorsky, Houser, Ward absent)]

HF 2467 makes various updates to DNR regulations regarding snowmobiles, all-terrain vehicles (ATVs) and personal watercraft. The bill clarifies that the instruction courses that are offered to the operators of snowmobiles, ATVs and personal watercraft are education courses, rather than simply safety courses. This conforms to national standards for these courses. The bill also extends the length of registrations for snowmobiles and ATVs from one year to three years, which conforms to existing boat registrations. The fees are adjusted to correspond to this change in registration, so the one-year, $15 registration fee for snowmobiles and ATVs will be replaced with a three-year, $45 fee. The fee paid to county recorders will increase from $2 to $5, which is a net savings of $1 to the owner. The bill expands the definition of public land to include public ice, and makes technical changes to the required equipment for ATVs and snowmobiles. The bill also bans the practice of “water-skipping,” where rider of a snowmobile will attempt to drive the vehicle across the surface of a waterway (not including an ice-covered waterway).

The bill also requires residents who use their snowmobile on public land to purchase a user permit in addition to their registration permit, which has the effect of increasing the cost to residents to ride a snowmobile on public lands from $15 to $30. Currently, the user permit is only purchased by non-residents who use public lands for snowmobile riding. This change was requested by the state snowmobile association because it would increase the amount of money that is available for trail development and maintenance in the state. The bill passed the House on a vote of 89-3. [4/12: 29-18 (Hatch, Sodders, and Republicans (minus Bartz, Boettger, Ernst, Hahn, Johnson) “no”; Greiner, Houser, Kapucian absent)]

SF 2317 establishes new combination licenses for hunting and fishing. The new licenses allow an individual to purchase a three-year hunting license, a three-year fishing license or a combination hunting and fishing license. These combination licenses would represent a savings over the standard annual hunting or fishing license. The bill also allows a fisher the opportunity to pay $10 for a third fishing line. Current law restricts fishers to no more than two lines. The bill also combines the existing wildlife habitat fee into the cost of a hunting license that requires the purchase of the wildlife habitat fee. This will save the license buyer a $2 administrative fee that they would have had to pay on the purchase of a separate wildlife habitat fee.

The Senate adopted two floor amendments during debate. The first amendment added language from SF 130, which had passed the Senate unanimously last session. The amendment allows a youth under the age of 16 to accompany a parent, guardian or approved adult who is legally hunting raccoons without the youth having to purchase a fur harvester license, provided that the youth is not hunting and does not use or carry a firearm or other weapon. The second amendment delayed the effective date of the legislation until January 1, 2013, to allow the Department of Natural Resources time to update their electronic licensing system to reflect the changes in the bill.

On this passage, the Senate adopted a House amendment that created a new one-day, one-location fur dealers’ license for non-residents for $250. This change will likely increase the number of fur dealers at events in the state because the current $500 one-year license has been cited as a barrier to participation by dealers who may only participate in one meet in the state. [4/4: 45-1 (Hancock “no”; Bertrand, Horn, Houser, Kapucian excused)]

SF 2317 establishes new combination licenses for hunting and fishing. The new licenses allow an individual to purchase a three-year hunting license, a three-year fishing license or a combination hunting and fishing license. These combination licenses would represent a savings over the standard annual hunting or fishing license. The bill also allows a fisher the opportunity to pay $10 for a third fishing line. Current law restricts fishers to no more than two lines. The bill also combines the existing wildlife habitat fee into the cost of a hunting license that requires the purchase of the wildlife habitat fee. This will save the license buyer a $2 administrative fee that they would have had to pay on the purchase of a separate wildlife habitat fee.

The Senate adopted two floor amendments during debate. The first amendment added language from SF 130, which had passed the Senate unanimously last session. The amendment allows a youth under the age of 16 to accompany a parent, guardian or approved adult who is legally hunting raccoons without the youth having to purchase a fur harvester license, provided that the youth is not hunting and does not use or carry a firearm or other weapon. The second amendment delayed the effective date of the legislation until January 1, 2013, to allow the Department of Natural Resources time to update their electronic licensing system to reflect the changes in the bill. [3/19: 50-0]

SF 2283 – Updates to various conservation and recreation duties under DNR
FLOOR ACTION:

SF 2282 updates the definition of an all-terrain vehicle (ATV) and off-road vehicle (ORV) allowed to be used on designated trails and registered with the Department of Natural Resources (DNR). New ATVs are heavier and have larger engines than the current definition. Updating the definition allows newer ATVs to be used for recreational purposes on designated trails and public lands.

The bill also establishes separate definitions for ATVs and ORVs that are regulated by the Department of Transportation (DOT) for highway use. The newer ATVs and ORVs allowed for trail use are not meant to be used on roads, so the existing regulations for ATVs and ORVs under the DOT are retained by establishing a separate definition under their Code chapter. Previously, the DOT regulations referenced the definitions that were in place for trail development. [3/5: 49-0 (Behn absent)]

SF 2283 makes a variety of changes to conservation and recreation laws under the authority of the DNR. The changes include:

** Moving some violations from unscheduled fines to the standard scheduled fines, which makes enforcement simpler. This includes lowering the fine for use of fireworks in state parks.

** Clarifying that clams and mussels cannot be sold for bait, although fishers can still harvest clams and use as bait.

** Specifying which species of pheasant can be pen-reared and released into the wild.

** Authorizing the DNR to establish a shooting sports program. The program will be funded by grants or federal funds.

** Clarifying bartering and trading regulations for commercial fish, roe and turtle harvesters.

** Simplifying the process for tagging commercial fishing license gear.

** Correcting an error regarding reciprocity agreements for falconry licenses.

** Removing an outdated Code section governing the sale of certain islands and abandoned channels. The section being removed has been superseded by a newer Code section.

The bill includes a compromise between DNR and commercial fishers and turtle harvesters on the change to bartering and trading provisions. The bill also aligns the process for remitting liquidated damages to the DNR that is established in Code with the way the process is handled currently. [3/5: 48-1 (Bartz “no”, Behn absent)]

COMMITTEE ACTION:

SF 2254 requires the Natural Resource Commission to issue a special hunting license to a non-resident person who has or is serving in the US Armed Forces who was disabled during military service (and is at a service-connected rating of 30 per cent or higher) and was awarded the Purple Heart as a result of the injury so that they may participate in a hunt conducted by a nonprofit organization that conducts hunting experiences in Iowa for disabled veterans.

The Iowa Department of Natural Resources will prepare a special application form to be used and adopt rules necessary to administer provisions of this bill, including specifying what requirements a nonprofit organization must meet to be approved to conduct hunts for disabled veterans. The Iowa Department of Veterans Affairs will assist in verifying the applicant’s Purple Heart and disability status.

The person may purchase a hunting license and pay the wildlife habitat fee at the same rate as a resident. Iowa’s current hunter safety and ethics education requirements apply. A license issued under this subsection is valid for use only on a hunt conducted by the approved nonprofit organization. The Commission will issue no more than 40 of each of the special licenses annually. The original proposal was amended and the bill redrafted as a committee bill. [3/7: short form]

SF 2281 – Updates to various environmental duties under the DNR

SF 2282 – Definitions of ATVs for trail use

SF 2283 – Updates to various conservation and recreation duties under DNR
FLOOR ACTION:

SF 2113 requires a person using a deer hunting blind or stand to affix a tag or other form of identification indicating ownership of the structure. The identification would help identify which stands are properly placed on a landowner’s property with permission. This requirement would not apply to deer blinds or stands erected by a landowner on the landowner’s property. [2/27: 26-24 (party-line)]

COMMITTEE ACTION:

SF 2281 addresses issues identified in a State Auditor’s report on Department of Natural Resources (DNR) programs, including outdated Code provisions enacted in the late 1980s. The provisions include:

** The hazardous waste regulatory program, which is now administered by the U.S. Environmental Protection Agency.

** Activities that were to have been funded by the Waste Management Assistance Fund. The Fund has been rescinded since 1989, but not the activities that were to have been funded by it.

** Rescinding language establishing a Toxics Pollution Prevention programs. This program was meant to work with the business community but received no interest in participation. Since then, the DNR has developed an alternative program that is voluntary and helps businesses offer confidential business assistance to reduce pollution and improve operations.

** Updating provisions for the DNR’s existing business assistance programs.

The committee adopted an amendment that requires the DNR to compile a product stewardship report annually. The DNR will examine opportunities to manage waste streams to increase recycling and re-use of materials in ways that will reduce the costs of waste management. [2/23: short form]

SF 2282 updates the definition of an all-terrain vehicle (ATV) and off-road vehicle (ORV) allowed to be used on designated trails and registered with the Department of Natural Resources (DNR). New ATVs are heavier and have larger engines than the existing definition. Updating the definition allows these newer ATVs to be used for recreational purposes on designated trails and public lands.

The bill also establishes separate definitions for ATVs and ORVs that are regulated by the Department of Transportation (DOT) for highway use. The newer ATVs and ORVs allowed for trail use are not meant to be used on roads, so the existing regulations for ATVs and ORVs under the DOT are retained by establishing a separate definition under their Code chapter. Previously, the DOT regulations referenced the definitions that were in place for trail development. [2/23: short form]

SF 2283 makes a variety of changes to conservation and recreation laws under the authority of the DNR. The changes include:

** Moves some violations from unscheduled fines to the standard scheduled fines, which makes enforcement simpler. This includes lowering the fine for use of fireworks in state parks.

** Clarifies that clams and mussels cannot be sold for bait, although fishers can still harvest clams and use as bait.

** Specifies which species of pheasant can be pen-reared and released into the wild.

** Authorizes the DNR to establish a shooting sports program. The program will be funded by grants or federal funds.

** Clarifies bartering and trading regulations for commercial fish, roe and turtle harvesters.

** Simplifies the process for tagging commercial fishing license gear.

** Corrects an error regarding reciprocity agreements for falconry licenses.

** Removes an outdated Code section governing the sale of certain islands and abandoned channels. The section being removed has been superseded by a newer Code section.

The committee adopted an amendment that included a compromise between DNR and commercial fishers and turtle harvesters on the change to bartering and trading provisions. The amendment also aligns the process for remitting liquidated damages to the DNR that is established in Code with the way the process is handled currently. [2/23: short form]

SSB 3162 would require the Department of Natural Resources (DNR) to conduct a scientific study to determine the effectiveness of stocking wild or first-generation pheasants in southern Iowa. DNR currently does not stock pheasants under the presumption that it is not an effective means of managing and restoring pheasant populations. The bill also requires DNR to collect new information to confirm or revise its existing model for pheasant population change. Additionally, the bill requires DNR to cooperate with an institution under the Board of Regents to conduct an economic impact study of pheasant hunting in Iowa, focusing on rural areas and small communities. The studies are contingent on DNR receiving funding from public or private sources to complete the studies. [2/21: short form]

SF 7 – Lowering the blood-alcohol content level for boating while intoxicated

COMMITTEE ACTION:

SF 7 lowers the legal limit for boating while intoxicated. The legal blood-alcohol content (BAC) limit is currently .10. The bill would lower the level to .08, which would match the current BAC limit for driving while intoxicated. [1/25: short form]

SF 2310 – Natural Resources and Outdoor Recreation Trust Fund

HF 2310 – Raising and releasing of pen-reared pheasants

FLOOR ACTION:

SF 2310 establishes the framework for the administration of the Natural Resources and Outdoor Recreation Trust Fund if a constitutional amendment to establish the fund is approved by the voters this November. The framework is based on a report from the Sustainable Funding Advisory Committee, which proposes creating a constitutionally protected fund to provide money for natural resource initiatives in the state. The bill divides money up according to percentages set forth by the advisory committee and provides for the administration of those accounts. The bill also outlines acceptable uses of the money in the trust fund. Additionally, the bill provides for the annual audit of the fund and all accounts and transactions of the trust fund. Like the constitutional amendment, this bill does not set forth a tax increase that is necessary for money to be deposited into the fund. That issue must be revisited by the Legislature in the future. Under this bill, here’s how the funding would be divided:

• 23 percent to a Natural Resources account administered by state Department of Natural Resources (DNR);
• 20 percent to a Soil Conservation and Water Protection Account administered by Department of Agriculture (IDALS);
• 14 percent to a watershed protection account jointly administered by DNR and IDALS;
• 13 percent to a Resource Enhancement and Protection (REAP) account administered according to the REAP formula;
• 13 percent to a local conservation partnership account administered through DNR;
• 10 percent to a trails account jointly administered by DNR and Iowa Department of Transportation;
• 7 percent to a lake restoration account administered by DNR in accordance with the DNR’s lake restoration plan and report.

On this passage, the Senate adopted a House amendment that made mostly technical changes to the bill, including removing some conflicting requirements for the state treasurer and auditor regarding the management and oversight of the fund and creating a Web site that would offer easy public viewing of expenses from the fund. [3/23: 49-0 (Hatch absent)]

HF 2310 allows for the raising and releasing of pen-reared pheasants. The pheasants would be raised at a hatchery approved by the DNR for release on private lands in the state. [3/23: 29-20 (Appel, Black, Bolkcom, Dandekar, Feenstra, Hancock, Heckroth, Hogg, Jochum, Johnson, Kapucian, Kreiman, Noble, Olive, Quirmbach, Rielly, Schmitz, Schoenjahn, Ward, Wilhelm “no”; Hatch absent)]

Bills Passed by Senate Committee – Not Yet Passed By Either Chamber

None

Bills Passed by House Committee – Not Yet Passed by Either Chamber

HF 2481 – Various conservation and recreation activities under DNR(SF 2370)

HF 2503 – Apportionment and audit of funds in the Natural Resources and Outdoor Recreation Trust Fund (Companion to SF 2310)

Bills Passed Senate Only

SF 2310 – Apportionment and audit of funds in the Natural Resources and Outdoor Recreation Trust Fund (HF 2503)

SF 2370 – Various conservation and recreation activities under DNR (HF 2481)

Bills Passed House Only

HF 2310 – Allow the raising and releasing of pen-reared pheasants

HF 2458 – Restrictions on mowing primary and secondary ditches before July 15^th

Bills Passed by Both Chambers in Different Forms

None

Bills Passed Senate and House – Not Yet Signed by Governor

SF 2216 – Hunting of game birds on licensed hunting preserves

HF 2200 – Allowed to carry loaded, detached, magazine from a long-gun (not handgun) while in a vehicle

HF 2484 – Dock regulations for Ellis Harbor in Cedar Rapids

Bills Signed by Governor

None

Bills Vetoed by Governor

None

SF 2370 – Various conservation and recreation activities under DNR

FLOOR ACTION:

SF 2370 makes various changes to conservation and recreation activities regulated by the Iowa Department of Natural Resources (DNR). The bill:

• Clarifies regulations on the operation of all-terrain vehicles (ATVs) and snowmobiles;
• Changes licenses for ATV and snowmobile dealers from one year to three years and adjusts the decal fee;
• Authorizes the State Forest Nursery to sell bare-root tree seedlings out of state;
• Authorizes online boating safety education classes;
• Adjusts fees for dog trial special events to be similar to those for other special events;
• Strikes a license requirement for nonresident falconers. This is covered by the U.S. Fish and Wildlife Service.

The bill also contains language banning the baiting and feeding of wildlife. The goal is to help prevent the spread of animal diseases, such avian influenza, chronic wasting disease and bovine tuberculosis, which can be transmitted from wildlife to domestic livestock. The bill includes exemptions from the ban for:

• normal agricultural activity,
• feeding of waterfowl at parks,
• feeding within 50 yards of a residence,
• feed that is placed for normal agricultural, forest management, orchard management, wildlife food planting or other similar land management practices,
• feeding activities authorized by the director for wildlife management purposes or those practices carried out by other federal, state or local agencies in relation to their official duties,
• feed for the purposes of luring fur-bearing animals for hunting and trapping as permitted by law,

and feed placed within a licensed whitetail hunting preserve. [3/11: 29-20 (Republicans, Dandekar, Kreiman “no”; Heckroth absent)]