Notwithstanding the foregoing list and the prohibitions in
Iowa Code chapter 481B, a person may import, export, possess, transport,
purchase, barter, buy, sell, offer to sell, hold for processing or process a
species of animal or plant which is listed as endangered or threatened on the
state list or as listed in the Code of Federal Regulations, Title 50, part 17,
as amended to December 30, 1991, according to the following rules:
(1) Trophies lawfully taken by persons
licensed to hunt or fish (not including trapping or commercial harvest
licenses) in another state, country or territory may be brought into this state
and possessed, held for processing and processed but may not be sold or offered
for sale.
(2) Furs or skins of
wildlife species appearing on the state list of endangered and threatened
species which were lawfully taken or purchased in another state, country or
territory may be imported, exported, purchased, possessed, bartered, offered
for sale, sold, held for processing, or processed in this state if they are
tagged or permanently marked by the state, country, or territory of
origin.
(3) Species of live animals
appearing on the state list of endangered and threatened species may be
imported, exported, possessed, purchased, bartered, offered for sale, or sold
under the terms of a scientific collecting permit or educational project permit
issued pursuant to Iowa Code section
481A.6 and
administrative rules adopted by the department.
(4) Plants, seeds, roots, and other parts of
plants which appear on the state list of endangered and threatened plants which
were lawfully taken or purchased in another state, country or territory may be
imported, exported, purchased, possessed, offered for sale or sold in this
state.
(5) A part or product of a
species of fish or wildlife appearing on the state list of endangered or
threatened species which enters the state from another state or from a point
outside the territorial limits of the United States may enter, be transported,
exported, possessed, sold, offered for sale, held for processing or processed
in accordance with the terms of a permit issued by the agency of jurisdiction
in the state of origin or, if entering from outside the United States, a
federal permit issued by the United States government. If proper documentation
is available, a person may buy or offer to buy a part or product of a species
offish or wildlife appearing on the state or federal lists as long as it is
imported from a legal source outside this state and proper documentation is
provided.
(6) If a person possesses
a species of fish or wildlife or a part, product or offspring of such a
species, proper documentation such as receipt of purchase and the permit from
the state of origin or the U.S. government must be presented upon request of
any conservation officer. Failure to produce such documentation is a violation
of this chapter and will constitute grounds for forfeiture to the Iowa
DNR.
(7) A species of plant, fish
or wildlife appearing on the state list of endangered and threatened species
may be collected, held, salvaged and possessed under the terms of a scientific
collecting permit issued pursuant to Iowa Code section
481A.6 and
administrative rules adopted by the department.
(8) Drainage district repairs and
improvements to existing open ditch facilities are excluded from the
department's protection efforts for the Topeka shiner. This includes facilities
of levee and drainage districts established and maintained under Iowa Code
chapter 468. This exclusion does not apply to new channelization, deepening, or
leveeing of existing streams and rivers with permanent flow or existing streams
with off-channel water areas capable of supporting fish.
(9) The department may enter into an
agreement with a private landowner for habitat improvements that benefit
endangered and
threatened species while limiting the potential impacts to the
landowner arising when a covered species becomes more numerous due to the
voluntary improvements to the habitat. If any covered species becomes more
numerous as a result of the landowner's voluntary actions, a private landowner
who commits to implement voluntary conservation measures for a listed species
will not be required to implement additional measures, and additional land,
water, or resource use restrictions will not be imposed.
a. The department will provide participating
landowners with technical assistance to develop landowner incentive program
agreements. Each agreement shall include the following:
1.Landowner's name.
2.Legal description of the property covered by the
agreement.
3.Length of agreement period.
4.Species covered by the agreement.
5.Baseline conditions: the estimated number of listed species
and the size and condition of habitat for each species covered.
6.Conservation measures to be implemented and implementation
schedule.
7.Financial commitment of the department and the
landowner.
8.Measures to determine if the agreement has been
fulfilled.
9.Any property use restrictions.
10.Terms for the termination of the agreement prior to its
scheduled expiration.
b.
The landowner, through normal lawful activities, may return the property to the
baseline or a mutually agreed-upon condition above the baseline at any time
after expiration of the landowner incentive program agreement.
This rule is intended to implement Iowa Code chapter
48IB.
