Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 77 - Endangered and Threatened Plant and Animal Species › Rule 571-77.4 - Exemptions

Current through Register Vol. 47, No. 3, July 24, 2024
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.