Sources: Iowa Code Annotated, 1984, Sections 107, 109, 110, 111 and 455A; 1992 Cumulative Annual Pocket Part.
[NOTE: On May 24, 1993, the Code Editor changed the Iowa cites for Code 1993. Due to publishing constraints, these cites were not changed in this statutory summary. The cite changes are: Section 107 to Section 456A, 109 to 481A, 110 to 483A and 111 to 461A. Section 455A was not changed.]
STATE WILDLIFE POLICY
The title and ownership of all fish, mussels, clams, and frogs in state public waters and ponds, sloughs, bayous, or other land and waters adjacent to public waters stocked with fish by overflow of public waters, and of wild game, animals, and birds, including their nests and eggs, and other wildlife, whether game or nongame, native or migratory, except deer in parks and in public and private preserves, the ownership of which was acquired prior to April 19, 1911, are hereby declared to be in the state, except as otherwise provided in this chapter. The title and ownership of all fish in private fish hatcheries shall be in private persons (109.2).
PROTECTED SPECIES OF WILDLIFE
See RELEVANT WILDLIFE DEFINITIONS for protected nongame species.
No person, except as otherwise provided, willfully shall disturb, pursue, shoot, kill, take or attempt to take or have in possession any of the following game birds or animals except in open season: gray or fox squirrel, bobwhite quail, cottontail or jack rabbit, duck, snipe, pheasant, goose, woodcock, partridge, coot, rail, rugged grouse, wild turkey, pigeons, or deer. Seasons, bag limits, possession limits and locality are established by the Department or Commission. The Commission may adopt rules for taking and possession of migratory birds, including designated raptors and crows, subject to the Migratory Bird Treaty Act and Migratory Bird Stamp Hunting Act. The Commission shall establish methods for taking pigeons, including trapping, chemical repellents or toxic perches (109.48).
It is unlawful for a nonresident or alien to take turtles or crayfish by any means or method, except from the Missouri, Mississippi and Big Sioux Rivers. It is a simple misdemeanor to take a predominantly white deer; this applies to whitetail deer only (109.121 and .124).
The Commission shall cooperate with the federal government in the conservation, protection, restoration and propagation of endangered and threatened species. The Director shall conduct investigations on fish, plants, and wildlife to develop information on population, distribution, habitat needs, limiting factors, and other biological and ecological data to determine management measures. Using these determinations and available scientific and commercial data, the Commission shall issue a rule listing state endangered or threatened species of fish, plants, and wildlife, the list being reviewed at least every two years, and the Commission may amend the list. The Director shall establish programs, including acquisition of land or aquatic habitat, for the management of endangered or threatened species. The Commission may treat any species as endangered or threatened, even if not on the list, if it finds that it closely resembles in appearance a listed species, and enforcement personnel would have substantial difficulty in differentiating between the listed and unlisted species (109A.2 through .6).
HABITAT PROTECTION
The Commission may establish state game refuges or sanctuaries on any state land to preserve biological balance for the protection of public parks, public health, safety and welfare, or to effect sound wildlife management. In emergency situations, the Director may establish temporary state game refuges by posting notices in conspicuous places around the refuge. Establishment shall be effective until five days after the next meeting of the Commission or longer as necessary (109.5). The Commission may establish a game management area upon any public lands or waters, or upon any private lands or waters with the consent of the owner, to maintain a biological balance or to provide for public hunting, fishing, or trapping. When a game management area is established, the Commission, with the consent of any owner, shall have the right to post and prohibit, and to regulate or limit the lands or waters against trespassing, hunting, fishing, or trapping (109.6). The Commission may also set aside portions of state water for spawning grounds, and notice must be posted in conspicuous places. Violation: misdemeanor (109.9).
It is unlawful to hunt, pursue, kill, trap, or take any wild animal, bird, or game on any state game refuge at any time, and no one shall carry firearms thereon, providing that predatory birds and animals may be killed or trapped under authority and direction of the Director. The Commission may specify the necessary distance from a state game refuge where shooting is prohibited and shall post notice at such distance in conspicuous places. This prohibition shall not apply to owners or tenants hunting on their own land outside of a state game refuge (109.7).
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New Mexico Center for Wildlife Law
University of New Mexico School of Law
1117 Stanford NE, Albuquerque, NM 87131
(505) 277-5006
lprovenc@unm.edu