This text of Iowa § 481A.151 (Restitution for pollution causing injury to wild animals) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.A person who is liable for polluting a water of this state in violation of state law,
including this chapter, shall also be liable to pay restitution to the department for injury
caused to a wild animal by the pollution. The amount of the restitution shall also include
the department’s administrative costs for investigating the incident. The administration of
this section shall not result in a duplication of damages collected by the department under
section 455B.392, subsection 1, paragraph “a”, subparagraph (3).
2.The commission shall adopt rules providing for procedures for investigations and the
administrative assessment of restitution amounts. The rules shall establish an opportunity to
appeal a departmental action including by a contested case proceeding under chapter 17A.
A final
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1. A person who is liable for polluting a water of this state in violation of state law,
including this chapter, shall also be liable to pay restitution to the department for injury
caused to a wild animal by the pollution. The amount of the restitution shall also include
the department’s administrative costs for investigating the incident. The administration of
this section shall not result in a duplication of damages collected by the department under
section 455B.392, subsection 1, paragraph “a”, subparagraph (3).
2. The commission shall adopt rules providing for procedures for investigations and the
administrative assessment of restitution amounts. The rules shall establish an opportunity to
appeal a departmental action including by a contested case proceeding under chapter 17A.
A final administrative decision assessing an amount of restitution may be enforced by the
attorney general at the request of the director.
3. Rules adopted by the commission shall provide for methods used to determine the
extent of an injury and the monetary values for the loss of injured wild animals based on
species.
a. The rules shall provide for methods used to count dead fish and to calculate restitution
values. The rules may incorporate methods and values published by the American fisheries
society. To every extent practicable, the values shall be based on the estimates of lost
recreational angler opportunities where applicable. As an alternative method of valuation,
the rules may provide that for fish species that are protected by catch limits, possession
limits, size limits, or closed seasons applicable to anglers, liquidated damages apply. The
amount of the liquidated damages shall not exceed fifteen dollars per fish. For fish species
that are classified by the commission as endangered or threatened, the rules may establish
liquidated damages not to exceed one thousand dollars per fish.
b. The rules shall provide guidelines for estimating the extent of loss of a species that is
affected by a pollution incident but which would not be practical to count in sample areas.
The rules may establish liquidated damage amounts for species whose replacement cost is
difficult to determine.
4. Moneys collected by the department in restitution shall be deposited into the state fish
and game protection fund. The moneys shall be used exclusively to support restoration or
improvement of fisheries, including but not limited to aquatic habitat improvement projects
§481A.151, WILDLIFE CONSERVATION 40
as provided in rules adopted by the commission. However, moneys collected from restitution
paid for investigative costs shall be used as determined by the director.