H.F. 2232 Section 1. Section 481C.2, Code 2009, is amended to read as 1 follows: 2 481C.2 Duties. 3 1. The director of the department of natural resources shall 4 enter into a memorandum of agreement with the United States 5 department of agriculture, animal damage control division. The 6 wild animal depredation unit shall serve and act as the liaison 7 to the department for the producers owners and tenants in 8 the state , as defined in section 483A.24, who suffer crop, 9 horticultural product, tree, or nursery damage due to wild 10 animals. 11 2. The department shall issue depredation permits to any 12 landowner owner or tenant, as defined in section 483A.24, who 13 incurs agricultural crop, horticultural product, tree, or 14 nursery damage of one thousand dollars or more due to wild 15 animals. 16 3. The criteria for issuing depredation licenses and 17 permits shall be established in administrative rules in 18 consultation with the farmer advisory committee created in 19 section 481A.10A. The administrative rules adopted pursuant to 20 this section shall not require a producer an owner or tenant to 21 erect or maintain fencing at a cost exceeding one thousand 22 dollars as a requisite for receiving a depredation license or 23 permit or for participation in a depredation plan. 24 Sec. 2. Section 481C.2A, subsections 1, 2, 3, and 7, Code 25 2009, are amended to read as follows: 26 1. Deer depredation licenses shall be available for 27 issuance as follows: 28 a. Deer depredation licenses shall be available for issuance 29 to resident hunters and to owners and tenants or family members 30 of owners and tenants as defined in section 483A.24 . 31 b. Depredation licenses issued pursuant to this subsection 32 shall be valid to harvest antlerless deer only. Depredation 33 licenses that are issued to a landowner and owners and tenants 34 or family members of owners and tenants as defined in section 35 -1- LSB 6043YH (2) 83 av/nh 1/ 5

H.F. 2232 483A.24 shall be in addition to the number of free licenses 1 that are available for issuance to such persons under section 2 483A.24. A landowner An owner or tenant or a family member of 3 an owner or tenant may obtain one free depredation license for 4 each deer hunting season that is established by the commission. 5 Deer may be harvested with a rifle pursuant to a depredation 6 license in any area and in any season where the commission 7 authorizes the use of rifles. 8 c. Licenses issued pursuant to this subsection may be issued 9 at any time to a resident hunter who has permission to hunt 10 on the land for which the license is valid pursuant to this 11 subsection. 12 d. A producer An owner or tenant who enters into a 13 depredation agreement with the department of natural resources 14 shall be issued a set of authorization numbers. Each 15 authorization number authorizes the owner or tenant, a family 16 member of the owner or tenant, or a resident hunter to obtain a 17 depredation license that is valid only for taking antlerless 18 deer on the land designated in the producer’s owner’s 19 or tenant’s depredation plan. A producer An owner or 20 tenant may transfer an authorization number issued to that 21 producer person to a resident hunter who has permission to hunt 22 on the land for which the authorization number is valid. An 23 authorization number shall be valid to obtain a depredation 24 license in any season. The provisions of this paragraph shall 25 be implemented by August 15, 2008. A transferee who receives 26 an authorization number pursuant to this paragraph “d” shall be 27 otherwise qualified to hunt deer in this state, have a hunting 28 license, pay the wildlife habitat fee, and pay the one dollar 29 fee for the purpose of the deer herd population management 30 program. 31 2. Deer shooting permits shall be available for issuance as 32 follows: 33 a. Deer shooting permits shall be available for issuance 34 to landowners owners or tenants who incur crop, horticultural 35 -2- LSB 6043YH (2) 83 av/nh 2/ 5

H.F. 2232 product, tree, or nursery damage as provided in section 481C.2 1 and shall be available for issuance for use on areas where 2 public safety may be an issue. 3 b. Deer shooting permits issued pursuant to this subsection 4 shall be valid and may be used outside of established deer 5 hunting seasons. 6 3. Notwithstanding section 481C.2, subsection 3, a 7 producer an owner or tenant shall not be required to erect 8 or maintain fencing as a requisite for receiving a deer 9 depredation permit or for participation in a deer depredation 10 plan pursuant to this section. 11 7. The department shall conduct outreach programs for 12 farmers and farm and commodity organizations that explain 13 the deer depredation management program. The department 14 shall develop, by rule, a master hunter program and maintain 15 a list of master hunters who are available to assist 16 producers owners or tenants in the deer depredation management 17 program by increasing the harvest of antlerless deer on the 18 producer’s owner’s or tenant’s property. 19 Sec. 3. Section 483A.24, subsection 2, paragraph a, Code 20 2009, is amended to read as follows: 21 a. As used in this subsection: 22 (1) “Family member” means a resident of Iowa person who is 23 the spouse or child of the owner or tenant and who resides with 24 the owner or tenant. 25 (2) “Farm unit” means all parcels of land which are 26 certified by the commission pursuant to rule as meeting all of 27 the following requirements: 28 (a) Are in tracts of two or more contiguous acres. 29 (b) Are operated as a unit for agricultural purposes. 30 (c) Are under the lawful control of the owner or the tenant. 31 (3) “Owner” means an owner of a farm unit who is a resident 32 of Iowa and who is one of the following: 33 (a) Is the sole operator of the farm unit. 34 (b) Makes all of the farm operation decisions but contracts 35 -3- LSB 6043YH (2) 83 av/nh 3/ 5

H.F. 2232 for custom farming or hires labor for all or part of the work 1 on the farm unit. 2 (c) Participates annually in farm operation decisions or 3 cropping practices on specific fields of the farm unit that are 4 rented to a tenant. 5 (d) Raises specialty crops on the farm unit including , but 6 not limited to , orchards, nurseries, or tree farms that do 7 not always produce annual income but require annual operating 8 decisions about maintenance or improvement. 9 (e) Has all or part of the farm unit enrolled in a long-term 10 agricultural land retirement program of the federal government. 11 (f) An “owner” does not mean a person who owns Owns a farm 12 unit and who employs a farm manager or third party to operate 13 the farm unit, or a person who owns a farm unit and who rents 14 the entire farm unit to a tenant who is responsible for all 15 farm operations. However, this paragraph does not apply to an 16 owner who is a parent of the tenant and who resides in this 17 state. 18 (4) “Tenant” means a person who is a resident of Iowa and 19 who rents and actively farms a farm unit owned by another 20 person. A member of the owner’s family may be a tenant. A 21 person who works on the farm for a wage and is not a family 22 member does not qualify as a tenant. 23 EXPLANATION 24 This bill relates to hunting, particularly deer hunting, by 25 certain nonresident landowners on land owned by them. 26 Code chapter 481C, concerning the state’s wild animal 27 depredation procedures, is amended to apply to nonresident 28 owners of farm units as defined in Code section 483A.24. The 29 bill provides that depredation licenses and permits, and in 30 particular deer depredation licenses and permits, be available 31 for issuance to resident and nonresident owners who incur 32 agricultural crop, horticultural product, tree, or nursery 33 damage of $1,000 or more due to wild animals, particularly 34 deer. 35 -4- LSB 6043YH (2) 83 av/nh 4/ 5

H.F. 2232 Deer depredation licenses may be transferred by a resident 1 or nonresident owner or tenant to a resident hunter for use on 2 the land designated in the depredation plan. Deer shooting 3 permits are available to resident and nonresident owners and 4 tenants who incur such damage, for use on areas where public 5 safety may be an issue, and outside of established deer hunting 6 seasons. 7 Code section 483A.24 is amended to allow a nonresident owner 8 of a farm unit, or a family member of such an owner to hunt, 9 fish, and trap on the farm unit without a license and to obtain 10 special licenses to hunt deer and wild turkey on that farm 11 unit, just as resident owners and their families do. 12 The bill also changes the definition of “owner” of a farm 13 unit to include a person who owns a farm unit and employs a 14 farm manager or third party to operate the farm unit or who 15 rents the entire farm unit to a tenant who is responsible for 16 all farm operations. “Farm unit” means all parcels of land 17 which are certified by the natural resource commission as being 18 in tracts of two or more contiguous acres, operated as a unit 19 for agricultural purposes, and under the lawful control of the 20 owner or tenant. 21 -5- LSB 6043YH (2) 83 av/nh 5/ 5