House File 165 - Introduced HOUSE FILE 165 BY KAJTAZOVIC , KELLEY , STECKMAN , and ISENHART A BILL FOR An Act authorizing the natural resource commission to limit the 1 types of ammunition that may be used to take wildlife in the 2 state. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1533YH (3) 85 av/nh

H.F. 165 Section 1. Section 481A.38, subsection 1, paragraph a, Code 1 2013, is amended to read as follows: 2 a. The commission may upon its own motion and after an 3 investigation, alter, limit, or restrict the methods or means 4 employed and the instruments or equipment used , including 5 the types of ammunition that may be used, in taking wild 6 mammals, birds subject to section 481A.48 , fish, reptiles, 7 and amphibians, if the investigation reveals that the action 8 would be desirable or beneficial in promoting the interests of 9 conservation, or the commission may, after an investigation 10 when it is found there is imminent danger of loss of fish 11 through natural causes, authorize the taking of fish by means 12 found advisable to salvage imperiled fish populations. 13 Sec. 2. Section 481A.38, subsection 1, Code 2013, is amended 14 by adding the following new paragraph: 15 NEW PARAGRAPH . c. Pursuant to its power as the sole agency 16 to determine the facts as to whether biological balance does or 17 does not exist and the power to regulate taking conditions in 18 accordance with sound fish and wildlife management principles 19 pursuant to section 481A.39, the commission may adopt rules 20 prohibiting the use of lead shot as ammunition for the purpose 21 of taking wildlife in this state. 22 Sec. 3. Section 481A.39, Code 2013, is amended to read as 23 follows: 24 481A.39 Biological balance maintained. 25 The commission is designated the sole agency to determine 26 the facts as to whether biological balance does or does not 27 exist. The commission shall, by administrative rule, extend, 28 shorten, open, or close seasons and set, increase, or reduce 29 catch limits, bag limits, size limits, possession limits, or 30 territorial limitations or further regulate taking conditions , 31 including the type of ammunition that may be used for taking 32 wildlife, in accordance with sound fish and wildlife management 33 principles. 34 EXPLANATION 35 -1- LSB 1533YH (3) 85 av/nh 1/ 2

H.F. 165 This bill provides that the natural resource commission may, 1 upon its own motion and after an investigation, restrict the 2 equipment used in taking certain wildlife, including the types 3 of ammunition that may be used. The bill allows the natural 4 resource commission to adopt rules prohibiting the use of lead 5 shot as ammunition for the purpose of taking wildlife in this 6 state, pursuant to the commission’s power as the sole agency 7 to determine the facts as to whether biological balance exists 8 and the power to regulate taking conditions in accordance 9 with sound fish and wildlife management principles. The bill 10 also specifies that the commission’s power to regulate taking 11 conditions includes regulating the type of ammunition which may 12 be used for taking wildlife. 13 A violation of a rule adopted pursuant to the bill for 14 attempting to take or taking an animal would be punishable as 15 a scheduled violation under Code sections 805.8B(3)(f) and 16 805.8B(3)(g), with the amount of the fine dependent on the type 17 of wildlife that was taken or attempted to be taken. 18 -2- LSB 1533YH (3) 85 av/nh 2/ 2