Text: SF00247 Text: SF00249 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 10.1, subsection 14, Code 2003, is 1 2 amended to read as follows: 1 3 14. "Livestock" means an animal belonging to the bovine, 1 4 caprine, equine, ovine, or porcine species, ostriches, rheas, 1 5 emus, farm deer as defined in section481A.1170.1, or 1 6 poultry. 1 7 Sec. 2. Section 169A.1, subsection 1, Code 2003, is 1 8 amended to read as follows: 1 9 1. "Animal" means a creature belonging to the bovine, 1 10 caprine, equine, ovine, or porcine species; ostriches, rheas, 1 11 or emus; farm deer as defined in section481A.1170.1; or 1 12 poultry. 1 13 Sec. 3. Section 169C.1, subsection 3, Code 2003, is 1 14 amended to read as follows: 1 15 3. "Livestock" means an animal belonging to the bovine, 1 16 caprine, equine, ovine, or porcine species; ostriches, rheas, 1 17 or emus; farm deer as defined in section481A.1170.1; or 1 18 poultry. 1 19 Sec. 4. NEW SECTION. 170.1 DEFINITIONS. 1 20 As used in this chapter, unless the context otherwise 1 21 requires: 1 22 1. "Board" means the whitetail enclosure certification 1 23 board established pursuant to section 170.2. 1 24 2. "Department" means the department of agriculture and 1 25 land stewardship. 1 26 3. "Farm deer" means an animal belonging to the cervidae 1 27 family and classified as part of the dama species of the dama 1 28 genus, commonly referred to as fallow deer; part of the 1 29 elaphus species of the cervus genus, commonly referred to as 1 30 red deer or elk; part of the virginianus species of the 1 31 odocioleus genus, commonly referred to as whitetail; part of 1 32 the hemionus species of the odocioleus genus, commonly 1 33 referred to as mule deer; or part of the nippon species of the 1 34 cervus genus, commonly referred to as sika. However, a farm 1 35 deer does not include any unmarked free-ranging elk, 2 1 whitetail, or mule deer. 2 2 4. "Landowner" means a person who holds an interest in 2 3 land, including a titleholder or tenant. 2 4 Sec. 5. NEW SECTION. 170.2 WHITETAIL ENCLOSURE 2 5 CERTIFICATION BOARD. 2 6 1. A whitetail enclosure certification board is 2 7 established within the department. The board shall consist of 2 8 not more than seven members who shall be appointed by the 2 9 secretary of agriculture. All members must be actively 2 10 engaged in the production of farm deer and at least four 2 11 members must be actively engaged in the production of 2 12 whitetail as farm deer. 2 13 2. The members of the board shall serve staggered terms of 2 14 two years, except that the initial board members shall serve 2 15 terms of unequal length. A person appointed to fill a vacancy 2 16 for a member shall serve only for the unexpired portion of the 2 17 term. A member is eligible for reappointment for three 2 18 successive terms. 2 19 3. The board shall elect a chairperson and meet according 2 20 to rules adopted by the board. A majority of the board 2 21 constitutes a quorum and an affirmative vote of a majority of 2 22 members is necessary for substantive action taken by the 2 23 board. The majority shall not include any member who has a 2 24 conflict of interest and a statement by a member of a conflict 2 25 of interest shall be conclusive for this purpose. A vacancy 2 26 in the membership does not impair the right of a quorum to 2 27 exercise all rights and perform all duties of the board. 2 28 4. A member of the board is not entitled to receive 2 29 expenses incurred in the discharge of the member's duties on 2 30 the board. A member is also not entitled to receive 2 31 compensation as otherwise provided in section 7E.6. 2 32 Sec. 6. NEW SECTION. 170.3 JURISDICTION OF THE 2 33 DEPARTMENT OF NATURAL RESOURCES – COOPERATION WITH THE 2 34 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP. 2 35 1. Except as provided in this chapter, farm deer are 3 1 livestock as provided in this title and are not subject to 3 2 regulation by the department of natural resources. The 3 3 department of natural resources shall not require that the 3 4 landowner be issued a license or permit for keeping farm deer 3 5 or for the construction of a fence for keeping farm deer. 3 6 2. The department of agriculture and land stewardship and 3 7 the department of natural resources shall cooperate in 3 8 administering and enforcing this chapter. 3 9 Sec. 7. NEW SECTION. 170.4 REQUIREMENTS FOR KEEPING 3 10 WHITETAIL – BOARD CERTIFICATION. 3 11 A landowner shall not keep whitetail as farm deer, unless 3 12 the whitetail is kept on land which is enclosed by a fence. 3 13 The fence must be constructed and maintained as prescribed by 3 14 rules adopted by the department upon approval by the board. A 3 15 landowner shall not keep the whitetail unless the fence is 3 16 certified by the board in a manner and according to procedures 3 17 required by the board. The board may require that it inspect 3 18 the fence prior to certification. 3 19 Sec. 8. NEW SECTION. 170.5 REQUIREMENTS FOR RELEASING 3 20 WHITETAIL – PROPERTY INTERESTS. 3 21 A person shall not release whitetail kept as farm deer onto 3 22 land unless the landowner complies with all of the following: 3 23 1. The landowner must notify the department of natural 3 24 resources at least thirty days prior to first releasing the 3 25 whitetail on the land. The notice shall be provided in a 3 26 manner required by the department. The notice must at least 3 27 provide all of the following: 3 28 a. A statement verifying that the fence which encloses the 3 29 land is certified by the board pursuant to section 170.4. 3 30 b. The landowner's name. 3 31 c. The location of the land enclosed by the fence. 3 32 2. The landowner must provide access to land by the 3 33 department of natural resources for one or more days as 3 34 required by that department to remove any whitetail from the 3 35 enclosed land. Any whitetail that is removed from the 4 1 enclosed land shall be deemed to be state property. However, 4 2 after the thirtieth day following receipt of notice, the state 4 3 shall relinquish its property interest in any remaining 4 4 whitetail existing at that time on the enclosed land and any 4 5 progeny of the whitetail, which shall become property of the 4 6 landowner. 4 7 Sec. 9. NEW SECTION. 170.6 DISCIPLINARY PROCEEDINGS. 4 8 1. The board may suspend or revoke a certification issued 4 9 pursuant to section 170.4 if the board determines that a 4 10 landowner has done any of the following: 4 11 a. Provided false information to the board in an 4 12 application for certification pursuant to section 170.4. 4 13 b. Failed to provide notice or access to the department of 4 14 natural resources as required by section 170.5. 4 15 c. Failed to maintain a fence enclosing the land where a 4 16 whitetail is kept as required in section 170.4. 4 17 d. Forces or lures a whitetail that is property of the 4 18 state onto the enclosed land. 4 19 e. Restrains or inhibits a whitetail that is property of 4 20 the state from leaving the enclosed land. 4 21 f. Takes a whitetail that is property of the state which 4 22 is enclosed on the property in violation of a chapter in Title 4 23 XI, subtitle 6. 4 24 2. If the board suspends a landowner's certification, the 4 25 landowner shall not release additional whitetail onto the 4 26 enclosed land, unless otherwise provided in the board's order 4 27 for suspension. If the board revokes a landowner's 4 28 certification under this section, the board may provide for 4 29 any of the following: 4 30 a. The removal of all or a portion of the gates to the 4 31 fence enclosing the land. The landowner shall not restrain or 4 32 inhibit the movement of whitetail leaving the enclosed land 4 33 for a period provided in the board's order for revocation. 4 34 The removal of all or a portion of the gates shall be 4 35 supervised by the sheriff in the county in which the land is 5 1 located. 5 2 b. The removal of all or a percentage of whitetail from 5 3 the enclosed land by the department of natural resources, if 5 4 the department of natural resources consents to removing the 5 5 whitetail. However, the department of natural resources must 5 6 remove the whitetail within thirty days after receiving notice 5 7 by the board. 5 8 3. The disciplinary proceedings shall comply with rules 5 9 adopted by the department which shall to every extent 5 10 practicable comply with requirements for contested case 5 11 proceedings provided under chapter 17A. However, a decision 5 12 by the board shall be deemed final agency action as provided 5 13 in chapter 17A. 5 14 Sec. 10. NEW SECTION. 170.7 DEPARTMENT OF NATURAL 5 15 RESOURCES – INVESTIGATIONS. 5 16 This chapter does not prevent the department of natural 5 17 resources from conducting an investigation of a violation of 5 18 fish and game laws, including but not limited to a provision 5 19 of Title XI, subtitle 6. The department of natural resources 5 20 may obtain a warrant to search the enclosed land pursuant to 5 21 chapter 808. 5 22 Sec. 11. NEW SECTION. 170.8 PENALTIES. 5 23 A person is guilty of taking a whitetail in violation of 5 24 section 481A.48 if the whitetail is on the land enclosed by a 5 25 fence required to be certified as provided in section 170.4 5 26 and the person does any of the following: 5 27 1. Forces or lures a whitetail that is property of the 5 28 state onto the enclosed land. 5 29 2. Restrains or inhibits a whitetail that is property of 5 30 the state from leaving the enclosed land. 5 31 3. Takes a whitetail that is property of the state that is 5 32 within the enclosure in violation of a chapter in Title XI, 5 33 subtitle 6. 5 34 Sec. 12. Section 189A.2, subsection 6A, Code 2003, is 5 35 amended by striking the subsection and inserting in lieu 6 1 thereof the following: 6 2 6A. "Farm deer" means the same as defined in section 6 3 170.1. 6 4 Sec. 13. Section 190C.1, subsection 12, Code 2003, is 6 5 amended to read as follows: 6 6 12. "Livestock" means an animal belonging to the bovine, 6 7 caprine, equine, ovine, or porcine species; ostriches, rheas, 6 8 or emus; farm deer as defined in section481A.1170.1; or 6 9 poultry. 6 10 Sec. 14. Section 481A.1, Code 2003, is amended by adding 6 11 the following new subsection: 6 12 NEW SUBSECTION. 16A. "Farm deer" means the same as 6 13 defined in section 170.1. 6 14 Sec. 15. Section 481A.1, subsection 20, paragraph h, Code 6 15 2001, is amended to read as follows: 6 16 h. The Cervidae: such as elk or deer, other than farm 6 17 deer.As used in this paragraph, "farm deer" means an animal6 18belonging to the cervidae family and classified as part of the6 19dama species of the dama genus, commonly referred to as fallow6 20deer; part of the elaphus species of the cervus genus,6 21commonly referred to as red deer or elk; or part of the nippon6 22species of the cervus genus, commonly referred to as sika.6 23However, a farm deer does not include any unmarked free-6 24ranging elk.6 25 Sec. 16. Section 481A.1, Code 2003, is amended by adding 6 26 the following new subsection: 6 27 NEW SUBSECTION. 33A. "Whitetail" means an animal 6 28 belonging to the cervidae family and classified as part of the 6 29 virginianus species of the odocioleus genus, commonly referred 6 30 to as whitetail. 6 31 Sec. 17. Section 481A.124, subsection 2, Code 2003, is 6 32 amended to read as follows: 6 33 2. This section only applies todeer of the species6 34 whitetailonly, other than farm deer, that is kept as provided 6 35 in chapter 170. 7 1 Sec. 18. Section 481A.130, Code 2003, is amended by adding 7 2 the following new subsection: 7 3 NEW SUBSECTION. 3. This section does not apply to a 7 4 person who fails to exclude an ungulate that is property of 7 5 the state from becoming part of a hunting preserve licensed 7 6 under chapter 484B if the person acts in compliance with 7 7 section 484B.5. 7 8 Sec. 19. Section 484B.3, Code 2003, is amended by adding 7 9 the following new unnumbered paragraph: 7 10 NEW UNNUMBERED PARAGRAPH. The chapter does not apply to 7 11 keeping farm deer as defined in section 170.1. 7 12 Sec. 20. Section 717.1, subsection 2, Code 2003, is 7 13 amended to read as follows: 7 14 2. "Livestock" means an animal belonging to the bovine, 7 15 caprine, equine, ovine, or porcine species, ostriches, rheas, 7 16 emus; farm deer,as defined in section481A.1170.1; or 7 17 poultry. 7 18 Sec. 21. HUNTING PRESERVES AND GAME BREEDERS – AUTOMATIC 7 19 CERTIFICATION. Any farm deer kept on land which is owned by a 7 20 person licensed pursuant to section 484B.5 or 481A.61 and 7 21 which is enclosed with a fence on the effective date of this 7 22 Act shall be deemed to comply with construction requirements 7 23 of section 170.4 and shall be automatically certified by the 7 24 board without submitting an application. The landowner is not 7 25 required to notify the department of natural resources 7 26 concerning removal of whitetail as otherwise required pursuant 7 27 to section 170.5. 7 28 Sec. 22. EFFECTIVE DATE. This Act, being deemed of 7 29 immediate importance, takes effect upon enactment. 7 30 EXPLANATION 7 31 This bill relates to farm deer, which is an animal 7 32 generally classified as belonging to the cervidae family that 7 33 is more narrowly referred to in common use as fallow deer, red 7 34 deer, elk, or sika. A farm deer does not include any unmarked 7 35 free-ranging elk. These types of cervidae are considered 8 1 livestock under a number of provisions throughout the Code, 8 2 including branding regulations under Code chapter 169A, 8 3 trespassing livestock under Code chapter 169C, meat and 8 4 poultry inspection under Code chapter 189A, organic 8 5 agricultural production under Code chapter 190C, exemptions 8 6 from sales tax for inputs under Code section 422.45, and 8 7 livestock neglect and abuse under Code chapter 717. 8 8 Farm deer are generally excluded from provisions referring 8 9 to game in chapters administered by the department of natural 8 10 resources providing for wildlife conservation and hunting 8 11 regulations (see Code section 481A.1). 8 12 The bill adds whitetail and mule deer to the definition of 8 13 farm deer, but excludes such deer that are free-ranging. 8 14 The bill amends a number of provisions referring to the 8 15 definition of "farm deer" that currently exist in the Code in 8 16 order to provide for uniformity. 8 17 The bill establishes a new Code chapter 170 under the 8 18 jurisdiction of the department of agriculture and land 8 19 stewardship (department). The bill establishes a whitetail 8 20 enclosure certification board (board) within the department. 8 21 The board consists of members actively engaged in the 8 22 production of farm deer. The bill prohibits a landowner from 8 23 keeping whitetail as farm deer, unless the whitetail is kept 8 24 on land which is enclosed by a fence as prescribed by rules 8 25 adopted by the department upon approval by the board. In 8 26 addition, the fence must be certified by the board. According 8 27 to the bill, after the fence is constructed and certified, the 8 28 department of natural resources has 30 days to remove any 8 29 whitetail from the enclosed land. However, after the 8 30 thirtieth day, any remaining whitetail and its progeny become 8 31 property of the landowner. 8 32 The bill provides that a person keeping farm deer who is 8 33 licensed to maintain a hunting preserve or as a game breeder 8 34 by the department of natural resources on the effective date 8 35 of the bill is automatically certified. The bill provides 9 1 that the board may suspend or revoke a certification for 9 2 fraud, failure to provide access to the department of natural 9 3 resources, failure to maintain a proper fence, luring 9 4 whitetail that are property of the state into the enclosure, 9 5 or restraining them from leaving. 9 6 The bill provides that the department of natural resources 9 7 may conduct an investigation of a violation of fish and game 9 8 laws and may obtain a warrant to search the enclosed land. 9 9 If a person lures whitetail which are property of the state 9 10 into the enclosure or keeps them in the enclosure, the person 9 11 is guilty of taking a deer out of season as prohibited in Code 9 12 section 481A.48 as enforced by the department of natural 9 13 resources. According to Code section 481A.130, a person who 9 14 takes a deer in violation of Code section 481A.48 is subject 9 15 to a civil penalty of $1,500. However, for taking an antlered 9 16 deer during September, October, November, or December before 9 17 the regular gun season, the civil penalty is $2,000 and 80 9 18 hours of community service or, in lieu of the community 9 19 service, a total of $4,000. The person is also subject to a 9 20 scheduled violation under Code section 805.8B, which is $100. 9 21 The bill takes effect upon enactment. 9 22 LSB 2435SS 80 9 23 da/cf/24.3
Text: SF00247 Text: SF00249 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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