House File 2406 HOUSE FILE BY MERTZ, WHITAKER, and DOLECHECK (COMPANION TO LSB 5675SS BY FRAISE) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the keeping of farm deer. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5675HH 80 4 da/cf/24 PAG LIN 1 1 Section 1. Section 170.4, Code Supplement 2003, is amended 1 2 to read as follows: 1 3 170.4 REQUIREMENTS FOR KEEPING WHITETAIL == FENCE 1 4 CERTIFICATION. 1 5 A landowner shall not keep whitetail as farm deer, unless 1 6 the whitetail is kept on land of any number of acres which is 1 7 enclosed by a fence. The fence must be constructed and 1 8 maintained as prescribed by rules adopted by the department. 1 9 A landowner shall not keep the whitetail unless the fence is 1 10 certified in a manner and according to procedures required by 1 11 the department. The fence shall be constructed and maintained 1 12 to ensure that whitetail are kept in the enclosure and that 1 13 other deer are excluded from the enclosure. A fence that is 1 14 constructed on or after May 23, 2003, shall be at least eight 1 15 feet in height above ground level. The department of 1 16 agriculture and land stewardship may require that the fence is 1 17 inspected and approved prior to certification. The department 1 18 of natural resources may periodically inspect the fence 1 19 according to appointment with the enclosure's landowner. 1 20 EXPLANATION 1 21 During the 2003 legislative session the General Assembly 1 22 passed House File 624 (2003 Acts, chapter 149) regulating farm 1 23 deer, including whitetail deer. The bill effectively 1 24 transferred regulatory authority from the department of 1 25 natural resources under Code chapter 484 (which supervises 1 26 hunting preserves) to the department of agriculture and land 1 27 stewardship under new Code chapter 170. That Code chapter 1 28 does not currently establish minimum acreage restrictions. 1 29 The department's administrative rules provide that an 1 30 enclosure must include at least 320 contiguous acres. This 1 31 bill expressly provides that there is no minimum acreage 1 32 requirement. 1 33 LSB 5675HH 80 1 34 da/cf/24.2 1 35