Iowa Code 481A.130 – Damages in addition to penalty — animals — ginseng
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1. In addition to the penalties for violations of this chapter and chapters 350, 461A, 481B, and 482, a person convicted of unlawfully selling, taking, catching, killing, injuring, destroying, or having in possession any animal, shall reimburse the state for the value of such as follows:
a. For each elk, antelope, buffalo, or moose, two thousand five hundred dollars.
b. For each wild turkey, two hundred dollars.
c. For each bird or animal or the raw pelt or plumage of such bird or animal for which damages are not otherwise prescribed, fifty dollars.
d. For each reptile, mussel, or amphibian, fifteen dollars.
e. For each beaver, bobcat, mink, otter, red fox, gray fox, or raccoon, two hundred dollars.
f. For each animal classified by the commission as an endangered or threatened species, one thousand dollars.
g. For each antlered deer, reimbursement shall be based on the score of the antlered deer as measured by the Boone and Crockett club’s scoring system for whitetail deer as follows:
(1) 150 gross inches or less: A minimum of two thousand dollars and not more than five thousand dollars, and eighty hours of community service or, in lieu of the community service, a minimum of four thousand dollars and not more than ten thousand dollars, in an amount that is deemed reasonable by the court.
(2) More than 150 gross inches: A minimum of five thousand dollars and not more than ten thousand dollars, and eighty hours of community service or, in lieu of the community service, a minimum of ten thousand dollars and not more than twenty thousand dollars, in an amount that is deemed reasonable by the court.
h. For each antlerless deer, seven hundred fifty dollars.
i. For each swan or crane, one thousand five hundred dollars.
j. For each fish, reimbursement shall be as follows:
(1) For each fish of a species other than shovelnose sturgeon, with an established daily limit greater than twenty-five, fifteen dollars.
(2) For each fish of a species other than paddlefish and muskellunge, with an established daily limit of twenty-five or less, fifty dollars.
(3) For each shovelnose sturgeon, paddlefish, and muskellunge, one thousand dollars.
Terms Used In Iowa Code 481A.130
- Amphibian: means a member of the class Amphibia. See Iowa Code 481A.1
- Bird: means a member of the class Aves. See Iowa Code 481A.1
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the department of natural resources. See Iowa Code 462A.2
- Department: means the department of natural resources. See Iowa Code 481A.1
- Fish: means a member of the class Pisces. See Iowa Code 481A.1
- Person: means an individual, partnership, firm, corporation, or association. See Iowa Code 462A.2
- Person: shall mean any person, firm, partnership, or corporation. See Iowa Code 481A.1
- Reptile: means a member of the class Reptilia. See Iowa Code 481A.1
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- Whitetail: means an animal belonging to the Cervidae family and classified as part of the Virginianus species of the Odocoileus genus, commonly referred to as whitetail. See Iowa Code 481A.1
- Wild animal: means a wild mammal, bird, fish, amphibian, reptile, or other wildlife found in this state, whether game or nongame, migratory or nonmigratory, the ownership and title to which is claimed by this state. See Iowa Code 481A.1
2. In addition to any other penalty, a person convicted of unlawfully harvesting wild ginseng in violation of section 456A.24 shall reimburse the state at one hundred fifty percent of the ginseng’s market value, as determined by the department.
3. This section does not apply to a landowner who cooperates with the department of natural resources and the department of agriculture and land stewardship to remove all whitetail from enclosed land as provided in section 170.5, even if all whitetail are not removed.
4. This section does not apply to a person who is liable to pay restitution to the department pursuant to section 481A.151 for injury to a wild animal caused by polluting a water of this state in violation of state law.