CHAPTER 106
DEER HUNTING BY RESIDENTS
[Prior to 12/31/86, Conservation Commission[290] Ch 106]
571—106.1(481A) Licenses. When hunting deer, all hunters must have in their possession a valid deer hunting license and a valid resident hunting license and must have paid the habitat fee (if normally required to have a hunting license and to pay the habitat fee to hunt). No person while hunting deer shall carry or have in possession any license or transportation tag issued to another person. No one who is issued a deer hunting license and transportation tag shall allow another person to use or possess that license or transportation tag while that person is deer hunting or tagging a deer.
	106.1(1) Type of license.
	a. 	Any-deer licenses. Any-deer licenses shall be valid for taking deer of either sex in one season selected at the time the license is purchased. Paid any-deer licenses shall be valid statewide except where prohibited in deer population management zones established under 571—Chapter 105. Free any-deer licenses shall be valid only on the farm unit of an eligible landowner or tenant in the season or seasons selected at the time the license is obtained.
	b. 	Antlerless-deer-only licenses. Antlerless-deer-only licenses shall be valid for taking deer that have no forked antler. Paid antlerless-deer-only licenses shall be valid in one county or in one deer population management zone and in one season as selected at the time the license is purchased. Free and reduced-fee antlerless-deer-only licenses shall be valid on the farm unit of an eligible landowner or tenant in the season or seasons selected at the time the license is obtained.
	106.1(2) Bow season licenses. Any-deer and antlerless-deer-only licenses, paid or free, shall be valid in both segments of the bow season.
	106.1(3) Regular gun season licenses. Paid any-deer and antlerless-deer-only licenses shall be valid in either the first or the second regular gun season, as designated on the license. Free any-deer licenses and antlerless-deer-only licenses shall be valid in both the first and second regular gun seasons.
	106.1(4) Muzzleloader season licenses. Any-deer and antlerless-deer-only licenses, paid or free, shall be valid in either the early or the late muzzleloader season, as designated on the license.
	106.1(5) November antlerless-deer-only licenses. Only antlerless-deer-only licenses, paid or free, will be issued for the November antlerless-deer-only season. Free antlerless-deer-only licenses shall be available only for the portion of the farm unit located in a county where paid antlerless-deer-only licenses are available during that season.
	106.1(6) January antlerless-deer-only licenses. Only antlerless-deer-only licenses, paid or free, will be issued for the January antlerless-deer-only season. Free antlerless-deer-only licenses shall be available only in the portion of the farm unit located in a county where paid antlerless-deer-only licenses are available during that season.
	106.1(7) Free and reduced-fee deer licenses for landowners and tenants. A maximum of one free any-deer license, two free antlerless-deer-only licenses, and two reduced-fee antlerless-deer-only licenses may be issued to a qualifying landowner or eligible family member and a qualifying tenant or eligible family member. Eligibility for licenses is described in 571—106.12(481A). The free any-deer license shall be available for one of the following seasons: the youth/disabled hunter season (if eligible), bow season, early muzzleloader season, late muzzleloader season or first and second regular gun seasons. One free antlerless-deer-only license shall be available for one of the following seasons: youth/disabled hunter season (if eligible), bow season, early muzzleloader season, late muzzleloader season, first and second regular gun seasons, or November antlerless-deer-only season. The second free antlerless-deer-only license shall be valid only for the January antlerless-deer-only season and will be available only if a portion of the farm unit lies within a county where paid antlerless-deer-only licenses are available during that season. Each reduced-fee antlerless-deer-only license shall be valid for one of the following seasons: youth/disabled hunter season (if eligible), bow season, early muzzleloader season, late muzzleloader season, first and second regular gun seasons, November antlerless-deer-only season or January antlerless-deer-only season. January antlerless-deer-only licenses will be available only if a portion of the farm unit is located in a county where paid antlerless-deer-only licenses are available in that season.
	106.1(8) Antlerless-deer-only crossbow licenses for senior citizens. Persons 70 years old or older may obtain one paid antlerless-deer-only license valid statewide for taking antlerless deer with a crossbow. The license will be valid only during the bow season.
	106.1(9) Nonambulatory deer hunting licenses. The commission shall issue licenses in conformance with 2009 Iowa Acts, Senate File 187. A person applying for this license must provide a completed form obtained from the department of natural resources. The application shall be certified by the applicant’s attending physician with an original signature and declare that the applicant is nonambulatory using the criteria listed in 2009 Iowa Acts, Senate File 187. A medical statement from the applicant’s attending physician that specifies criteria met shall be on 8½″ × 11″ letterhead stationery. The attending physician shall be a currently practicing doctor of medicine, doctor of osteopathy, physician assistant or nurse practitioner.
[ARC 7921B, IAB 7/1/09, effective 8/5/09; ARC 8255B, IAB 11/4/09, effective 12/9/09; ARC 8888B, IAB 6/30/10, effective 8/18/10]
571—106.2(481A) Season dates. Deer may be taken only during the following seasons:
	106.2(1) Bow season. Deer may be taken in accordance with the type of license issued from October 1 through the Friday before the first Saturday in December and from the Monday following the third Saturday in December through January 10 of the following year.
	106.2(2) Regular gun seasons. Deer may be taken in accordance with the type, season and zone designated on the license from the first Saturday in December and continuing for five consecutive days (first regular gun season) or from the second Saturday in December and continuing for nine consecutive days (second regular gun season).
	106.2(3) Muzzleloader seasons. Deer may be taken in accordance with the type, season and zone designated on the license from the Saturday closest to October 14 and continuing for nine consecutive days (early muzzleloader season) or from the Monday following the third Saturday in December through January 10 of the following year (late muzzleloader season).
	106.2(4) November antlerless-deer-only season. Antlerless deer may be taken for three days beginning the Friday after Thanksgiving.
	106.2(5) January antlerless-deer-only season. Antlerless deer may be taken from January 11 through the third following Sunday.
571—106.3(481A) Shooting hours. Legal shooting hours shall be from one-half hour before sunrise to one-half hour after sunset in all seasons.
571—106.4(481A) Limits.
	106.4(1) Bow season. The daily bag limit is one deer per license. The possession limit is one deer per license. A person may shoot and tag a deer only by utilizing the license and tag issued in the person’s name.
	106.4(2) Muzzleloader seasons. The daily bag limit is one deer per license. The possession limit is one deer per license. A person may shoot and tag a deer only by utilizing the license and tag issued in the person’s name.
	106.4(3) Regular gun seasons. The bag limit is one deer for each hunter in the party who has a valid deer transportation tag. The possession limit is one deer per license. “Possession” shall mean that the deer is in the possession of the person whose license number matches the number of the transportation tag on the carcass of the deer.
	106.4(4) November antlerless-deer-only season. The bag and possession limits and the tagging requirements are the same as for the regular gun seasons.
	106.4(5) January antlerless-deer-only season. The daily bag and possession limit and the tagging requirements are the same as for the regular gun seasons.
	106.4(6) Maximum annual possession limit. The maximum annual possession limit for a resident deer hunter is one deer for each legal license and transportation tag obtained.
571—106.5(481A) Areas closed to hunting. There shall be no open seasons for hunting deer on the county roads immediately adjacent to or through Union Slough National Wildlife Refuge, Kossuth County, where posted accordingly. There shall be no open seasons for hunting deer on all portions of rights-of-way on Interstate Highways 29, 35, 80 and 380.
571—106.6(481A) Paid deer license quotas and restrictions. Paid deer licenses, including antlerless-deer-only licenses, will be restricted in the type and number that may be purchased.
	106.6(1) Paid any-deer licenses. Residents may purchase no more than two paid any-deer licenses, one for the bow season and one for one of the following seasons: early muzzleloader season, late muzzleloader season, first regular gun season, or second regular gun season. No more than 7,500 paid statewide any-deer licenses will be sold for the early muzzleloader season. Fifty additional paid early muzzleloader season licenses will be sold through and will be valid only for the Iowa Army Ammunition Plant. There will be no quota on the number of paid any-deer licenses issued in the bow season, late muzzleloader season, first regular gun season, or second regular gun season.
	106.6(2) Paid antlerless-deer-only licenses. Paid antlerless-deer-only licenses have quotas for each county and will be sold for each county until quotas are reached.
	a. 	Paid antlerless-deer-only licenses may be purchased for any season in counties where licenses are available, except as outlined in 106.6(2)“b.” A license must be used in the season, county or deer population management area selected at the time the license is purchased.
	b. 	No one may obtain paid licenses for both the first regular gun season and second regular gun season regardless of whether the licenses are valid for any deer or antlerless deer only. Paid antlerless-deer-only licenses for the early muzzleloader season may only be purchased by hunters who have already purchased one of the 7,500 paid statewide any-deer licenses.
	c. 	Prior to September 15, a hunter may purchase one antlerless-deer-only license for any season for which the hunter is eligible. Beginning September 15, a hunter may purchase an unlimited number of antlerless-deer-only licenses for any season for which the hunter is eligible, as set forth in 106.6(2)“b,” until the county or population management area quotas are filled. Licenses purchased for deer population management areas will not count in the county quota.
	106.6(3) November antlerless-deer-only season. Antlerless-deer-only licenses for the November antlerless-deer-only season shall be available in the following counties: Adair, Adams, Allamakee, Appanoose, Cass, Clarke, Clayton, Dallas, Davis, Decatur, Des Moines, Fayette, Fremont, Guthrie, Harrison, Henry, Jasper, Jefferson, Keokuk, Lee, Louisa, Lucas, Madison, Mahaska, Marion, Mills, Monona, Monroe, Montgomery, Page, Polk, Pottawattamie, Ringgold, Taylor, Union, Van Buren, Wapello, Warren, Washington, Wayne, Winneshiek, and Woodbury. Beginning the second Saturday prior to the opening of the November antlerless-deer-only season, an unlimited number of paid antlerless-deer-only licenses may be purchased for the November antlerless-deer-only season. These licenses may be obtained regardless of any other paid any-deer or paid antlerless-deer-only licenses that may have been obtained. Licenses will be sold until county quotas are filled. Licenses issued for this season are valid only on private property.
	106.6(4) January antlerless-deer-only licenses. Antlerless-deer-only licenses for the January antlerless-deer-only season shall be available in the following counties: Adair, Adams, Allamakee, Appanoose, Cass, Clarke, Clayton, Dallas, Davis, Decatur, Des Moines, Fayette, Fremont, Guthrie, Harrison, Henry, Jasper, Jefferson, Keokuk, Lee, Louisa, Lucas, Madison, Mahaska, Marion, Mills, Monona, Monroe, Montgomery, Page, Polk, Pottawattamie, Ringgold, Taylor, Union, Van Buren, Wapello, Warren, Washington, Wayne, Winneshiek, and Woodbury. Beginning December 15, an unlimited number of paid antlerless-deer-only licenses may be purchased for the January antlerless-deer-only season. These licenses may be obtained regardless of any other paid any-deer or paid antlerless-deer-only licenses that may have been obtained.
	106.6(5) Free landowner/tenant licenses. A person obtaining a free landowner/tenant license may purchase any combination of paid bow and paid gun licenses available to persons who are not eligible for landowner/tenant licenses as described in 571—106.12(481A).
	106.6(6) Antlerless-deer-only licenses. Paid antlerless-deer-only licenses will be available by county as follows:

County	Quota	 	County	Quota	 	County	Quota	
Adair	2400	 	Floyd	0	 	Monona	2500	
Adams	1950	 	Franklin	0	 	Monroe	3000	
Allamakee	4500	 	Fremont	1500	 	Montgomery	1300	
Appanoose	3300	 	Greene	150	 	Muscatine	1700	
Audubon	100	 	Grundy	0	 	O’Brien	0	
Benton	1000	 	Guthrie	3300	 	Osceola	0	
Black Hawk	0	 	Hamilton	100	 	Page	1800	
Boone	650	 	Hancock	0	 	Palo Alto	0	
Bremer	700	 	Hardin	200	 	Plymouth	100	
Buchanan	250	 	Harrison	2500	 	Pocahontas	0	
Buena Vista	0	 	Henry	2000	 	Polk	1500	
Butler	0	 	Howard	350	 	Pottawattamie	2100	
Calhoun	0	 	Humboldt	0	 	Poweshiek	650	
Carroll	100	 	Ida	0	 	Ringgold	2600	
Cass	1300	 	Iowa	1200	 	Sac	0	
Cedar	1300	 	Jackson	1800	 	Scott	800	
Cerro Gordo	0	 	Jasper	1700	 	Shelby	400	
Cherokee	0	 	Jefferson	2150	 	Sioux	0	
Chickasaw	450	 	Johnson	2000	 	Story	500	
Clarke	2500	 	Jones	1500	 	Tama	650	
Clay	0	 	Keokuk	1900	 	Taylor	2650	
Clayton	5800	 	Kossuth	0	 	Union	2100	
Clinton	1200	 	Lee	2500	 	Van Buren	5400	
Crawford	300	 	Linn	1900	 	Wapello	2150	
Dallas	2700	 	Louisa	1500	 	Warren	4200	
Davis	3600	 	Lucas	2800	 	Washington	2250	
Decatur	2800	 	Lyon	0	 	Wayne	3000	
Delaware	1550	 	Madison	4000	 	Webster	100	
Des Moines	2000	 	Mahaska	1350	 	Winnebago	0	
Dickinson	0	 	Marion	2250	 	Winneshiek	3500	
Dubuque	2000	 	Marshall	500	 	Woodbury	2500	
Emmet	0	 	Mills	1350	 	Worth	0	
Fayette	2500	 	Mitchell	0	 	Wright	0	
[ARC 7921B, IAB 7/1/09, effective 8/5/09; ARC 8888B, IAB 6/30/10, effective 8/18/10]
571—106.7(481A) Method of take. Permitted weapons and devices vary according to the type of season.
	106.7(1) Bow season. Only longbow, compound or recurve bows shooting broadhead arrows are permitted during the bow season. Arrows must be at least 18 inches long.
	a. 	Crossbows may be used during the bow season in the following two situations:
	(1)	By persons with certain afflictions of the upper body as provided in 571—15.5(481A); and
	(2)	By persons over the age of 70 with an antlerless-deer-only license as provided in Iowa Code section 483A.8A.
	b. 	No explosive or chemical devices may be attached to the arrow, broadhead or bolt (if used with a crossbow).
	106.7(2) Regular gun seasons. Only 10-, 12-, 16- and 20-gauge shotguns shooting single slugs and muzzleloaders and handguns as described in 106.7(3) will be permitted for taking deer during the regular gun seasons.
	106.7(3) Muzzleloader seasons. Only muzzleloading rifles and muzzleloading pistols will be permitted for taking deer during the early muzzleloader season. During the late muzzleloader season, deer may be taken with a muzzleloader, centerfire handgun, or bow as described in 106.7(1). Muzzleloading rifles are defined as flintlock or percussion cap lock muzzleloaded rifles and muskets of not less than .44 and not larger than .775 caliber, shooting single projectiles only. Centerfire handguns must be .357 caliber or larger shooting straight-walled cartridges propelling an expanding-type bullet (no full-metal jacket) and complying with all other requirements provided in Iowa Code section 481A.48. Legal handgun calibers are listed on the department of natural resources list of Acceptable Handgun Calibers for Hunting Deer in Iowa. Revolvers, pistols and black powder handguns must have a 4-inch minimum barrel length. There can be no shoulder stock or long-barrel modifications to handguns. Muzzleloading handguns must be .44 caliber or larger, shooting single projectiles only.
	106.7(4) November antlerless-deer-only season. Bows, shotguns, muzzleloaders and handguns as described in this rule may be used.
	106.7(5) January antlerless-deer-only season. Bows, shotguns, muzzleloaders and handguns as described in this rule may be used during the January antlerless-deer-only season. Centerfire rifles .24 caliber or larger may be used in the southern two tiers of counties.
	106.7(6) Prohibited weapons and devices. The use of dogs, domestic animals, bait, rifles other than muzzleloaded or as provided in 106.7(5), handguns except as provided in 106.7(3), crossbows except as provided in 106.7(1), automobiles, aircraft, or any mechanical conveyance or device, including electronic calls, is prohibited, except that paraplegics and single or double amputees of the legs may hunt from any stationary motor-driven land conveyance. “Bait” means grain, fruit, vegetables, nuts, hay, salt, mineral blocks, or any other natural food materials; commercial products containing natural food materials; or by-products of such materials transported to or placed in an area for the intent of attracting wildlife. Bait does not include food placed during normal agricultural activities. “Paraplegic” means an individual with paralysis of the lower half of the body with involvement of both legs, usually due to disease of or injury to the spinal cord. It shall be unlawful for a person, while hunting deer, to carry or have in possession a rifle except as provided in 106.7(3) and 106.7(5). It shall be unlawful for a person hunting with a bow license to carry a handgun unless that person also has a valid deer hunting license and an unfilled transportation tag that permits a handgun to be used to take deer.
	106.7(7) Discharge of firearms from roadway. No person shall discharge a rifle, including a muzzleloading rifle or musket, or a handgun from a highway while deer hunting. In addition, no person shall discharge a shotgun shooting slugs from a highway north of U.S. Highway 30. A “highway” means the way between property lines open to the public for vehicle traffic, including the road ditch, as defined in Iowa Code section 321.1(78).
	106.7(8) Hunting from blinds. No person shall use a blind for hunting deer during the regular gun deer seasons as defined in 106.2(2), unless such blind exhibits a solid blaze orange marking which is a minimum of 144 square inches in size and is visible in all directions. Such blaze orange shall be affixed directly on or directly on top of the blind. For the purposes of this subrule, the term “blind” is defined as an enclosure used for concealment while hunting, constructed either wholly or partially from man-made materials, and used by a person who is hunting for the purpose of hiding from sight. A blind is not a naturally occurring landscape feature or an arrangement of natural or agricultural plant material that a hunter uses for concealment. In addition to the requirements in this subrule, hunters using blinds must also satisfy the requirements of wearing blaze orange as prescribed in Iowa Code section 481A.122.
[ARC 9717B, IAB 9/7/11, effective 10/12/11]
571—106.8(481A) Procedures to obtain licenses. All resident deer hunting licenses must be obtained using the electronic licensing system for Iowa (ELSI). Licenses may be purchased from ELSI license agents, or online at www.iowadnr.com, or by calling the ELSI telephone ordering system.
	106.8(1) Licenses with quotas. All paid deer hunting licenses for which a quota is established may be obtained from the ELSI system on a first-come, first-served basis beginning August 15 until the quota fills, or through the last day of the hunting period for which the license is valid.
	106.8(2) Licenses without quotas. All deer hunting licenses that have no quota may be obtained from the ELSI system beginning August 15 through the last day of the hunting period for which a license is valid.
	106.8(3) Providing false information.
	a. 	Any person who provides false information about the person’s identity or eligibility for any paid or free landowner/tenant deer license and tag and who attests that the information is correct by accepting and signing the license or tag shall have the person’s hunting license revoked as a part of the sentencing for such criminal conviction, and the person shall not be issued a hunting license for one year pursuant to the authority of Iowa Code Supplement section 483A.24(2)“f” and rule 571—15.6(483A).
	b. 	In addition to any legal penalties that may be imposed, the obtaining of a license in violation of this rule shall invalidate that deer license and transportation tag and any other deer hunting license and transportation tag obtained during the same year.
571—106.9(481A) Transportation tag. A transportation tag bearing the license number of the licensee, year of issuance, and date of kill properly shown shall be visibly attached to one leg of each antlerless deer or on the main beam between two points, if present, on one of the antlers of an antlered deer in such a manner that the tag cannot be removed without mutilating or destroying the tag. This tag shall be attached to the carcass of the deer within 15 minutes of the time the deer carcass is located after being taken or before the carcass is moved to be transported by any means from the place where the deer was taken, whichever occurs first. No person shall tag a deer with a transportation tag issued to another person or with a tag that was purchased after the deer was taken. During the youth/disabled hunter season, bow season, early muzzleloader season and late muzzleloader season, the hunter who killed the deer must tag the deer by using the transportation tag issued in that person’s name. During the first and second regular gun seasons and the November and January antlerless-deer-only seasons, anyone present in the hunting party may tag a deer with a tag issued in that person’s name. This tag shall be proof of possession and shall remain affixed to the carcass until such time as the animal is processed for consumption. The head, and antlers if any, shall remain attached to the deer while being transported by any means whatsoever from the place where taken to the processor or commercial preservation facility or until the deer has been processed for consumption.
[ARC 9717B, IAB 9/7/11, effective 10/12/11]
571—106.10(481A) Youth deer and severely disabled hunts.
	106.10(1) Licenses.
	a. 	Youth deer hunt. A youth deer license may be issued to any Iowa resident who is not over 15 years old on the day the youth obtains the license. The youth license may be paid or free to persons eligible for free licenses. If the youth obtains a free landowner/tenant license, it will count as the one free any-deer license for which the youth’s family is eligible.
Each participating youth must be accompanied by an adult who possesses a regular hunting license and has paid the habitat fee (if the adult is normally required to have a hunting license and to pay the habitat fee to hunt). Only one adult may participate for each youth hunter. The accompanying adult must not possess a firearm or bow and must be in the direct company of the youth at all times.
A person may obtain only one youth any-deer license but may also obtain any other paid or free any-deer and antlerless-deer-only licenses that are available to other hunters. Antlerless-deer-only licenses must be obtained in the same manner with which other hunters obtain them, as described in 106.6(2).
	b. 	Severely disabled hunt. Any severely disabled Iowa resident meeting the requirements of Iowa Code section 321L.1(8) may be issued one any-deer license to hunt deer during the youth season. A person applying for this license must either possess a disability parking permit or provide a completed form from the department of natural resources. The form must be signed by a physician verifying that the person’s disability meets the criteria defined in Iowa Code section 321L.1(8). Forms are available online at www.iowadnr.com, by visiting the DNR central office or any district office, or by calling (515)281-5918. A person between 16 and 65 years of age must also possess a regular hunting license and have paid the habitat fee to obtain a license (if normally required to have a hunting license and to pay the habitat fee to hunt). A severely disabled person obtaining this license may obtain any other paid and free any-deer and antlerless-deer-only licenses that are available to other hunters. Antlerless-deer-only licenses must be obtained in the same manner by which other hunters obtain them, as described in 106.6(2).
	106.10(2) Season dates. Deer of either sex may be taken statewide for 16 consecutive days beginning on the third Saturday in September. A person who is issued a youth deer hunting license and does not take a deer during the youth deer hunting season may use the deer hunting license and unused tag during the early muzzleloader, late muzzleloader, and one of the shotgun seasons. The license will be valid for the type of deer and in the area specified on the original license. The youth must follow all other rules specified in this chapter for each season. A youth hunting in one of the other seasons must obtain a hunting license and habitat stamp or hunt with a licensed adult if required by Iowa Code section 483A.24. If the tag is filled during one of the seasons, the license will not be valid in subsequent seasons.
	106.10(3) Shooting hours. Legal shooting hours will be one-half hour before sunrise to one-half hour after sunset each day regardless of weapon used.
	106.10(4) Limits and license quotas. An unlimited number of licenses may be issued. The daily and season bag and possession limit is one deer per license. A person may shoot and tag a deer only by utilizing the license and tag issued in the person’s name.
	106.10(5) Method of take and other regulations. Deer may be taken with shotgun, bow or muzzleloaded rifles as permitted in 571—106.7(481A). All participants must meet the deer hunters’ orange apparel requirement in Iowa Code section 481A.122. All other regulations for obtaining licenses or hunting deer shall apply.
	106.10(6) Procedures for obtaining licenses. Paid and free youth season licenses and licenses for severely disabled hunters may be obtained through ELSI beginning August 15 through the last day of the youth season.
571—106.11(481A) Deer depredation management. The deer depredation management program provides assistance to producers through technical advice and additional deer licenses and permits where the localized reduction of female deer is needed to reduce damage. Upon signing a depredation management agreement with the department, producers of agricultural or high-value horticultural crops may be issued deer depredation permits to shoot deer causing excessive crop damage. If immediate action is necessary to forestall serious damage, depredation permits may be issued before an agreement is signed. Further permits will not be authorized until an agreement is signed.
	106.11(1) Method of take and other regulations. Legal weapons and restrictions will be governed by 571—106.7(481A). For deer shooting permits only, there are no shooting hour restrictions; however, taking deer with an artificial light is prohibited by Iowa Code section 481A.93. The producer or designee must meet the deer hunters’ orange apparel requirement in Iowa Code section 481A.122.
	106.11(2) Eligibility. Producers growing typical agricultural crops (such as corn, soybeans, hay and oats and tree farms and other forestlands under a timber management program) and producers of high-value horticultural crops (such as Christmas trees, fruit or vegetable crops, nursery stock, and commercially grown nuts) shall be eligible to enter into depredation management agreements if these crops sustain excessive damage.
	a. 	The producer may be the landowner or a tenant, whoever has cropping rights to the land.
	b. 	Excessive damage is defined as crop losses exceeding $1,000 in a single growing season, or the likelihood that damage will exceed $1,000 if preventive action is not taken, or a documented history of at least $1,000 of damage annually in previous years.
	c. 	Producers who lease their deer hunting rights are not eligible for the deer depredation management program.
	106.11(3) Depredation management plans. Upon request from a producer, field employees of the wildlife bureau will inspect and identify the type and amount of crop damage sustained from deer. If damage is not excessive, technical advice will be given to the producer on methods to reduce or prevent future damage. If damage is excessive and the producer agrees to participate, a written depredation management plan will be developed by depredation biologists in consultation with the producer.
	a. 	The goal of the management plan will be to reduce damage to below excessive levels within a specified time period through a combination of producer-initiated preventive measures and the issuance of deer depredation permits.
	(1)	Depredation plans written for producers of typical agricultural crops may require preventive measures such as harassment of deer with pyrotechnics and cannons, guard dogs, and temporary fencing, as well as allowing more hunters, increasing the take of antlerless deer, and other measures that may prove effective.
	(2)	Depredation plans written for producers of high-value horticultural crops may include all of the measures in (1) above, plus permanent fencing where necessary. Fencing will not be required if the cost of a fence exceeds $1,000.
	(3)	Depredation permits to shoot deer may be issued to Iowa residents to reduce deer numbers until long-term preventive measures become effective. Depredation permits will not be used as a long-term solution to deer damage problems.
	b. 	Depredation management plans will normally be written for a three-year period with progress reviewed annually by the department and the producer.
	(1)	The plan will become effective when signed by the depredation biologist and the producer.
	(2)	Plans may be modified or extended if mutually agreed upon by the department and the producer.
	(3)	Depredation permits will not be issued after the initial term of the management plan if the producer fails to implement preventive measures outlined in the plan.
	106.11(4) Depredation permits. Two types of permits may be issued under a depredation management plan.
	a. 	Deer depredation licenses. Deer depredation licenses may be sold to resident hunters only for the regular deer license fee for use during one or more legal hunting seasons. Depredation licenses will be available to producers of agricultural and horticultural crops.
	(1)	Depredation licenses will be issued up to the number specified in the management plan.
	(2)	The landowner or an eligible family member, which shall include the landowner's spouse or domestic partner and juvenile children, may obtain one depredation license for each season established by the commission. No other individual may initially obtain more than three depredation licenses per management plan. When a deer is reported harvested on one of these licenses, then another license may be obtained.
	(3)	Depredation licenses will be valid only for hunting antlerless deer, regardless of restrictions that may be imposed on regular deer hunting licenses in that county.
	(4)	Hunters may keep any deer legally tagged with a depredation license.
	(5)	All other regulations for the hunting season specified on the license will apply.
	(6)	Depredation licenses will be valid only on the land where damage is occurring and the immediately adjacent property unless the land is within a designated block hunt area as described in subparagraph (7). Other parcels of land in the farm unit not adjacent to the parcels receiving damage will not qualify.
	(7)	Block hunt areas are areas designated and delineated by wildlife biologists of the wildlife bureau to facilitate herd reduction in a given area where all producers may not qualify for the depredation program or in areas of persistent deer depredation. Depredation licenses issued to producers within the block hunt area are valid on all properties within the delineated boundaries. Individual landowner permission is required for hunters utilizing depredation licenses within the block hunt area boundaries. Creation of a given block hunt area does not authorize trespass.
	b. 	Deer shooting permits. Permits for shooting deer outside an established hunting season may be issued to producers of high-value horticultural crops when damage cannot be controlled in a timely manner during the hunting seasons (such as late summer buck rubs in an orchard and winter browsing in a Christmas tree plantation) and to other agricultural producers who have an approved DNR deer depredation plan, and on areas such as airports where public safety may be an issue.
	(1)	Deer shooting permits will be issued at no cost to the applicant.
	(2)	The applicant or one or more designees approved by the department may take all the deer specified on the permit.
	(3)	Permits available to producers of high-value horticultural crops or agricultural crops may be valid for taking deer outside of a hunting season depending on the nature of the damage. The number and type of deer to be killed will be determined by a department depredation biologist and will be part of the deer depredation management plan.
	(4)	Permits issued due to public safety concerns may be used for taking any deer, as necessary, to address unpredictable intrusion which could jeopardize public safety. Permits may be issued for an entire year (January 1 through December 31) if the facility involved signs an agreement with the department.
	(5)	All deer killed must be recovered and processed for human consumption.
	(6)	The times, dates, place and other restrictions on the shooting of deer will be specified on the permit.
	(7)	Antlers from all deer recovered must be turned over to the conservation officer within 48 hours. Antlers will be disposed of according to department rules.
	(8)	For out-of-season shooting permits, there are no shooting hour restrictions; however, taking deer with an artificial light is prohibited by Iowa Code section 481A.93.
	c. 	Depredation licenses and shooting permits will be issued in addition to any other licenses for which the hunters may be eligible.
	d. 	Depredation licenses and shooting permits will not be issued if the producer restricts the legal take of deer from the property sustaining damage by limiting hunter numbers below levels required to control the deer herd. This restriction does not apply in situations where shooting permits are issued for public safety concerns.
	e. 	A person who receives a depredation permit pursuant to this paragraph shall pay a $1 fee for each license that shall be used and is appropriated for the purpose of deer herd population management, including assisting with the cost of processing deer donated to the help us stop hunger (HUSH) program administered by the commission and a $1 writing fee for each license to the license agent.
	106.11(5) Disposal. Rescinded IAB 7/16/08, effective 8/20/08.
[ARC 7921B, IAB 7/1/09, effective 8/5/09]
571—106.12(481A) Eligibility for free landowner/tenant deer licenses.
	106.12(1) Who qualifies for free deer hunting licenses.
	a. 	Owners and tenants of a farm unit and the spouse and juvenile child of an owner or tenant who reside with the owner or tenant are eligible for free deer licenses. The owner or tenant does not have to reside on the farm unit but must be actively engaged in farming it. Nonresident landowners do not qualify.
	b. 	Juvenile child defined. “Juvenile child” means a person less than 18 years of age or a person who is 18 or 19 years of age and is in full-time attendance at an accredited school pursuing a course of study leading to a high school diploma or a high school equivalency diploma. A person 18 years of age or older who has received a high school diploma or high school equivalency diploma does not qualify.
	106.12(2) Who qualifies as a tenant. A “tenant” is a person other than the landowner who is actively engaged in the operation of the farm. The tenant may be a member of the landowner’s family, including in some circumstances the landowner’s spouse or child, or a third party who is not a family member. The tenant does not have to reside on the farm unit.
	106.12(3) What “actively engaged in farming” means. Landowners and tenants are “actively engaged in farming” if they personally participate in decisions about farm operations and those decisions, along with external factors such as weather and market prices, determine their profit or loss for the products they produce. Tenants qualify if they farm land owned by another and pay rent in cash or in kind. A farm manager or other third party who operates a farm for a fee or a laborer who works on the farm for a wage and is not a family member does not qualify as a tenant.
	106.12(4) Landowners who qualify as active farmers. These landowners:
	a. 	Are the sole operator of a farm unit (along with immediate family members), or
	b. 	Make all decisions about farm operations, but contract for custom farming or hire labor to do some or all of the work, or
	c. 	Participate annually in decisions about farm operations such as negotiations with federal farm agencies or negotiations about cropping practices on specific fields that are rented to a tenant, or
	d. 	Raise specialty crops from operations such as orchards, nurseries, or tree farms that do not necessarily produce annual income but require annual operating decisions about maintenance or improvements, or
	e. 	May have portions of the farm enrolled in a long-term land retirement program such as the Conservation Reserve Program (CRP) as long as other farm operations occur annually, or
	f. 	Place their entire cropland in the CRP or other long-term land retirement program with no other active farming operation occurring on the farm.
	106.12(5) Landowners who do not qualify. These landowners:
	a. 	Use a farm manager or other third party to operate the farm, or
	b. 	Cash rent the entire farm to a tenant who is responsible for all farm operations including following preapproved operations plans.
	106.12(6) Where free licenses are valid. A free license is valid only on that portion of the farm unit that is in a zone open to deer hunting. “Farm unit” means all parcels of land in tracts of two or more contiguous acres that are operated as a unit for agricultural purposes and are under lawful control of the landowner or tenant regardless of how that land is subdivided for business purposes. Individual parcels of land do not need to be adjacent to one another to be included in the farm unit. “Agricultural purposes” includes but is not limited to field crops, livestock, horticultural crops (e.g., from nurseries, orchards, truck farms, or Christmas tree plantations), and land managed for timber production.
	106.12(7) Registration of landowners and tenants. Landowners and tenants and their eligible family members who want to obtain free deer hunting licenses must register with the department before the free licenses will be issued. Procedures for registering are described in 571—95.2(481A).
571—106.13(481A) Harvest reporting. Each hunter who bags a deer must report that kill according to procedures described in 571—95.1(481A).
571—106.14(481A) Extension to the regular gun seasons. Rescinded IAB 7/16/08, effective 8/20/08.
These rules are intended to implement Iowa Code sections 481A.38, 481A.39, 481A.48, 483A.24, and 483A.24B and 2009 Iowa Acts, Senate File 187.
[Filed 7/16/75]
[Filed emergency 6/11/76—published 6/28/76, effective 6/11/76]
[Filed emergency 6/13/77—published 7/13/77, effective 6/13/77]
[Filed emergency 9/1/77—published 9/21/77, effective 9/1/77]
[Filed 6/8/78, Notice 3/8/78—published 6/28/78, effective 8/2/78]
[Filed 6/5/79, Notice 3/7/79—published 6/27/79, effective 8/1/79]
[Filed 6/6/80, Notice 3/5/80—published 6/25/80, effective 7/30/80]
[Filed 6/5/81, Notice 3/4/81—published 6/24/81, effective 7/29/81]
[Filed 6/3/82, Notice 3/3/82—published 6/23/82, effective 7/28/82]
[Filed 6/3/83, Notice 3/30/83—published 6/22/83, effective 8/1/83]
[Filed emergency after Notice 6/13/84, Notice 2/29/84—published 7/4/84, effective 6/15/84]
[Filed 5/31/85, Notice 2/27/85—published 6/19/85, effective 7/24/85]
[Filed emergency 8/16/85—published 9/11/85, effective 8/16/85]
[Filed 6/11/86, Notice 2/26/86—published 7/2/86, effective 8/6/86]
[Filed without Notice 12/12/86—published 12/31/86, effective 2/4/87]
[Filed 6/11/87, Notice 3/11/87—published 7/1/87, effective 8/10/87]
[Filed 5/13/88, Notice 2/24/88—published 6/1/88, effective 7/6/88]
[Filed 6/10/88, Notice 2/24/88—published 6/29/88, effective 8/10/88]
[Filed 5/12/89, Notice 3/8/89—published 5/31/89, effective 7/5/89]
[Filed 5/11/90, Notice 3/7/90—published 5/30/90, effective 7/4/90]
[Filed 5/10/91, Notice 3/6/91—published 5/29/91, effective 7/3/91]
[Filed 5/8/92, Notice 3/4/92—published 5/27/92, effective 7/6/92]
[Filed emergency 12/4/92—published 12/23/92, effective 12/4/92]
[Filed emergency 3/12/93—published 3/31/93, effective 3/12/93]
[Filed 5/7/93, Notice 3/31/93—published 5/26/93, effective 7/6/93]
[Filed 5/20/94, Notice 3/2/94—published 6/8/94, effective 7/13/94]
[Filed emergency 5/15/95—published 6/7/95, effective 5/15/95]
[Filed 5/15/95, Notice 3/1/95—published 6/7/95, effective 7/14/95]
[Filed 8/11/95, Notice 6/7/95—published 8/30/95, effective 10/4/95]
[Filed 5/15/96, Notice 2/28/96—published 6/5/96, effective 7/15/96]
[Filed emergency 12/13/96 after Notice 11/6/96—published 1/1/97, effective 12/13/96]
[Filed 5/15/97, Notice 3/12/97—published 6/4/97, effective 7/14/97]
[Filed 8/22/97, Notice 6/4/97—published 9/10/97, effective 10/15/97]
[Filed 9/19/97, Notice 7/16/97—published 10/8/97, effective 11/12/97]
[Filed 5/29/98, Notice 3/11/98—published 6/17/98, effective 7/22/98]
[Filed 5/14/99, Notice 3/10/99—published 6/2/99, effective 7/7/99]
[Filed emergency 9/13/99—published 10/6/99, effective 9/13/99]
[Filed emergency 11/12/99 after Notice 9/8/99—published 12/1/99, effective 11/12/99]
[Filed 5/12/00, Notice 3/8/00—published 5/31/00, effective 7/5/00]
[Filed 5/11/01, Notice 3/7/01—published 5/30/01, effective 7/4/01]
[Filed 5/9/02, Notice 3/6/02—published 5/29/02, effective 7/3/02]
[Nullified language editorially removed 5/28/03]†
[Filed 6/20/03, Notice 3/5/03—published 7/9/03, effective 8/13/03]
[Filed 10/10/03, Notice 7/9/03—published 10/29/03, effective 12/3/03]
[Filed 6/18/04, Notice 3/3/04—published 7/7/04, effective 8/11/04]
[Filed 6/17/05, Notice 3/30/05—published 7/6/05, effective 8/10/05]
[Filed 6/16/06, Notice 3/29/06—published 7/5/06, effective 8/9/06]
[Filed 6/14/07, Notice 3/28/07—published 7/4/07, effective 8/8/07]
[Filed emergency 12/14/07—published 1/16/08, effective 12/14/07]
[Filed 6/24/08, Notice 4/9/08—published 7/16/08, effective 8/20/08]
[Filed 11/20/08, Notice 9/10/08—published 12/17/08, effective 1/21/09]
[Filed ARC 7921B (Notice ARC 7690B, IAB 4/8/09), IAB 7/1/09, effective 8/5/09]
[Filed ARC 8255B (Notice ARC 8015B, IAB 7/29/09), IAB 11/4/09, effective 12/9/09]
[Filed ARC 8888B (Notice ARC 8684B, IAB 4/7/10), IAB 6/30/10, effective 8/18/10]
[Filed ARC 9717B (Notice ARC 9587B, IAB 6/29/11), IAB 9/7/11, effective 10/12/11]