Iowa Code 482.1 – Authority of the commission
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1. The natural resource commission shall observe, administer, and enforce this chapter. The natural resource commission may adopt and enforce rules under chapter 17A as necessary to carry out this chapter.
Terms Used In Iowa Code 482.1
- Commercial fishing: means taking, attempting to take, possessing, or transporting of commercial fish or turtles for the purpose of selling, bartering, trading, offering, or exposing for sale. See Iowa Code 482.2
- Commercial gear: means the capturing equipment used by commercial fishers, commercial roe harvesters, and commercial turtle harvesters. See Iowa Code 482.2
- Commercial turtle harvesting: means taking, attempting to take, possessing, or transporting of commercial turtles or turtle eggs for the purpose of selling, bartering, trading, offering, or exposing for sale. See Iowa Code 482.2
- Commission: means the natural resource commission. See Iowa Code 462A.2
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the department of natural resources. See Iowa Code 462A.2
- Director: means the director of the department or the director's designee. See Iowa Code 462A.2
- Director: means the director of the department of natural resources, and the director's duly authorized assistants, deputies, or agents. See Iowa Code 482.2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means an individual, partnership, firm, corporation, or association. See Iowa Code 462A.2
- Roe: means fish eggs. See Iowa Code 482.2
- 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
- Use: means to operate, navigate, or employ a vessel. See Iowa Code 462A.2
- Waters of the state: means all of the waters under the jurisdiction of the state. See Iowa Code 482.2
- year: means twelve consecutive months. See Iowa Code 4.1
2. The natural resource commission may:
a. Remove or cause to be removed from the waters of the state any aquatic species that in the judgment of the commission is an underused renewable resource or has a detrimental effect on other aquatic populations. All proceeds from a sale of these aquatic organisms shall be credited to the state fish and game protection fund.
b. Issue to any person a permit or license authorizing that person to take, possess, and sell underused, undesirable, or injurious aquatic organisms from the waters of the state. The person receiving a permit or license shall comply with the applicable provisions of this chapter.
c. Authorize the director to enter into written contracts for the removal of underused, undesirable, or injurious organisms from the waters of the state. The contracts shall specify all terms and conditions desired. A person who enters into such a contract with the director, and any subcontractor under such a contract, shall have an appropriate valid commercial license under section 482.4. However, other persons assisting with performance of the contract or subcontract may be unlicensed.
d. Prohibit, restrict, or regulate commercial fishing and commercial turtle harvesting in any waters of the state.
e. Revoke the license of a licensee for up to one year if the licensee has been convicted of a violation of chapter 481A, 482, or 483A. A licensee shall not continue commercial fishing while a license issued by the natural resource commission or issued by another state is under revocation or suspension.
f. Regulate the numbers of commercial fishers and commercial turtle harvesters and the amount, type, seasonal use, mesh size, construction and design, manner of use, and other criteria relating to the use of commercial gear for any body of water or part thereof.
g. Establish catch quotas, seasons, size limits, and other regulations for any species of commercial fish or turtles for any body of water or part thereof.
h. Designate by listing species as commercial fish or turtles.
i. Designate any body of water or its part as protected habitat and restrict, prohibit, or otherwise regulate the taking of commercial fish and turtles in protected habitat areas.
3. Employees of the department may lift and inspect any commercial gear at any time and may inspect commercial catches, commercial markets, and landings, and examine sale and purchase records of commercial fishers, commercial turtle harvesters, commercial roe harvesters, commercial turtle buyers, and commercial roe buyers upon demand.
4. Employees of the department may seize and retain as evidence any illegal fish or turtles, or any illegal commercial gear, or any other personal property used in violation of any provision of the Code, and may confiscate any untagged or illegal commercial gear as contraband.