House Amendment 1506


PAG LIN




     1  1    Amend House File 874 as follows:
     1  2 #1.  By striking everything after the enacting
     1  3 clause and inserting the following:
     1  4    <Section 1.  Section 170.1, subsection 4, Code
     1  5 2005, is amended to read as follows:
     1  6    4.  a.  "Farm deer" means an animal belonging to
     1  7 the cervidae family and classified as part of the dama
     1  8 species of the dama genus, commonly referred to as
     1  9 fallow deer; part of the elaphus species of the cervus
     1 10 genus, commonly referred to as red deer or elk; part
     1 11 of the virginianus species of the odocoileus genus,
     1 12 commonly referred to as whitetail; part of the
     1 13 hemionus species of the odocoileus genus, commonly
     1 14 referred to as mule deer; or part of the nippon
     1 15 species of the cervus genus, commonly referred to as
     1 16 sika.  However, a farm deer
     1 17    b.  "Farm deer" does not include any unmarked free=
     1 18 ranging elk, whitetail, or mule deer.  "Farm deer"
     1 19 also does not include preserve whitetail which are
     1 20 kept on a hunting preserve as provided in chapter
     1 21 484C.
     1 22    Sec. 2.  NEW SECTION.  170.1A  APPLICATION OF
     1 23 CHAPTER.
     1 24    1.  A landowner shall not keep whitetail unless the
     1 25 whitetail are kept as farm deer under this chapter or
     1 26 kept as preserve whitetail on a hunting preserve
     1 27 pursuant to chapter 484C.
     1 28    2.  This chapter authorizes the department of
     1 29 agriculture and land stewardship to regulate whitetail
     1 30 kept as farm deer.  However, the department of natural
     1 31 resources shall regulate preserve whitetail kept on a
     1 32 hunting preserve pursuant to chapter 484C.
     1 33    Sec. 3.  Section 484B.3, Code 2005, is amended to
     1 34 read as follows:
     1 35    484B.3  AUTHORITY OF THE DIRECTOR.
     1 36    1.   The director shall develop, administer, and
     1 37 enforce hunting preserve programs and requirements
     1 38 within the state which implement the provisions of
     1 39 this chapter and the rules adopted by the commission
     1 40 pursuant to this chapter.
     1 41    2.  The chapter does not apply to keeping farm deer
     1 42 as defined in section 170.1 as regulated by the
     1 43 department of agriculture and land stewardship
     1 44 pursuant to chapter 170 or to preserve whitetail kept
     1 45 on a hunting preserve as regulated by the department
     1 46 of natural resources pursuant to chapter 484C.
     1 47    Sec. 4.  NEW SECTION.  484C.1  DEFINITIONS.
     1 48    As used in this chapter, unless the context
     1 49 otherwise requires:
     1 50    1.  "Commission" means the natural resource
     2  1 commission as created pursuant to section 455A.6.
     2  2    2.  "Department" means the department of natural
     2  3 resources as created pursuant to section 455A.2.
     2  4    3.  "Documented event" includes but is not limited
     2  5 to the birth, death, harvest, transfer for
     2  6 consideration, or release of preserve whitetail.
     2  7    4.  "Fence" means a boundary fence which encloses
     2  8 preserve whitetail within a landowner's property as
     2  9 required to be constructed and maintained pursuant to
     2 10 this chapter.
     2 11    5.  "Hunting preserve" means land where a landowner
     2 12 keeps preserve whitetail as part of a business, if the
     2 13 business's purpose is to provide persons with the
     2 14 opportunity to hunt the preserve whitetail.
     2 15    6.  "Landowner" means a person who holds an
     2 16 interest in land, including a titleholder.
     2 17    7.  "Preserve whitetail" means whitetail kept on a
     2 18 hunting preserve.
     2 19    8.  "Whitetail" means an animal belonging to the
     2 20 cervidae family and classified as part of the
     2 21 virginianus species of the odocoileus genus.
     2 22    Sec. 5.  NEW SECTION.  484C.2  APPLICATION OF
     2 23 CHAPTER.
     2 24    1.  A landowner shall not keep whitetail unless the
     2 25 whitetail are kept as preserve whitetail pursuant to
     2 26 this chapter or as farm deer pursuant to chapter 170.
     2 27    2.  This chapter authorizes the department of
     2 28 natural resources to regulate preserve whitetail.
     2 29 However, the department of agriculture and land
     2 30 stewardship shall regulate whitetail kept as farm deer
     2 31 pursuant to chapter 170.
     2 32    Sec. 6.  NEW SECTION.  484C.3  RULES.
     2 33    The department shall adopt rules pursuant to
     2 34 chapter 17A as necessary to administer this chapter.
     2 35    Sec. 7.  NEW SECTION.  484C.4  DEPARTMENTAL
     2 36 PROGRAMS AND REQUIREMENTS.
     2 37    The department shall develop, administer, and
     2 38 enforce hunting preserve programs and requirements,
     2 39 which implement the provisions of this chapter and
     2 40 rules adopted by the department pursuant to section
     2 41 484C.3, regarding fencing, recordkeeping, reporting,
     2 42 and the tagging, transportation, testing, and
     2 43 monitoring for disease of preserve whitetail.
     2 44    Sec. 8.  NEW SECTION.  484C.5  MINIMUM ENCLOSED
     2 45 ACREAGE == EXCEPTIONS.
     2 46    A hunting preserve must include at least three
     2 47 hundred twenty contiguous acres which are enclosed by
     2 48 a fence certified pursuant to section 484C.6.
     2 49 However, the hunting preserve may include a fewer
     2 50 number of enclosed acres if any of the following
     3  1 applies:
     3  2    1.  The commission grants a waiver for the hunting
     3  3 preserve according to terms and conditions required by
     3  4 the commission.  The hunting preserve must include at
     3  5 least one hundred sixty contiguous acres.
     3  6    2.  a.  The hunting preserve was operated as a
     3  7 business on January 1, 2005.
     3  8    b.  If the hunting preserve was operating on
     3  9 January 1, 2005, the landowner or the landowner's
     3 10 successor in interest may sell or otherwise transfer
     3 11 ownership of the hunting preserve to another person
     3 12 who may continue to operate the hunting preserve in
     3 13 the same manner as the landowner.  However, this
     3 14 paragraph shall not apply if the owner of the hunting
     3 15 preserve or any successor in interest fails to
     3 16 register with the department as provided in section
     3 17 484C.7 for three or more consecutive years.
     3 18    3.  a.  The hunting preserve was not operated as a
     3 19 business on January 1, 2005, and all of the following
     3 20 apply:
     3 21    (1)  The hunting preserve has at least one hundred
     3 22 contiguous acres.
     3 23    (2)  The hunting preserve's fence is certified by
     3 24 the department not later than September 1, 2005.
     3 25    b.  If the hunting preserve complies with paragraph
     3 26 "a", the landowner or the landowner's successor in
     3 27 interest may sell or otherwise transfer ownership of
     3 28 the hunting preserve to another person who may
     3 29 continue to operate the hunting preserve in the same
     3 30 manner as the landowner.  However, this paragraph
     3 31 shall not apply if the owner of the hunting preserve
     3 32 or any successor in interest fails to register with
     3 33 the department as provided in section 484C.7 for three
     3 34 or more consecutive years.
     3 35    Sec. 9.  NEW SECTION.  484C.6  FENCING ==
     3 36 CERTIFICATION.
     3 37    1.  A fence required to enclose preserve whitetail
     3 38 under section 484C.5 must be constructed and
     3 39 maintained as prescribed by rules adopted by the
     3 40 department and as certified by the department.  The
     3 41 fence shall be constructed and maintained to ensure
     3 42 that the preserve whitetail are kept in the enclosure
     3 43 and all other whitetail are excluded from the
     3 44 enclosure.
     3 45    2.  A fence that was certified by the department of
     3 46 agriculture and land stewardship pursuant to chapter
     3 47 170 prior to the effective date of this Act shall be
     3 48 certified by the department of natural resources.
     3 49    3.  A fence shall be at least eight feet in height
     3 50 above ground level.  The enclosure shall be posted
     4  1 with signs as prescribed by rules adopted by the
     4  2 department.
     4  3    4.  The department may require that the fence be
     4  4 inspected and approved by the department prior to
     4  5 certification.  The department shall periodically
     4  6 inspect the fence at any reasonable time by
     4  7 appointment or by providing the landowner with at
     4  8 least forty=eight hours' notice.
     4  9    Sec. 10.  NEW SECTION.  484C.7  REGISTRATION AND
     4 10 FEE.
     4 11    A landowner who keeps preserve whitetail shall
     4 12 annually register the landowner's hunting preserve
     4 13 with the department by June 30.  The landowner shall
     4 14 pay the department a registration fee.  The amount of
     4 15 the registration fee shall not exceed three hundred
     4 16 fifty dollars per fiscal year.  The fee shall be
     4 17 deposited into the state fish and game protection
     4 18 fund.
     4 19    Sec. 11.  NEW SECTION.  484C.8  REQUIREMENTS FOR
     4 20 RELEASING WHITETAIL == PROPERTY INTERESTS.
     4 21    A person shall not release whitetail kept as
     4 22 preserve whitetail onto land unless the landowner
     4 23 complies with all of the following:
     4 24    1.  The landowner must notify the department at
     4 25 least thirty days prior to first releasing the
     4 26 preserve whitetail on the land.  The notice shall be
     4 27 provided in a manner required by the department.  The
     4 28 notice must at least provide all of the following:
     4 29    a.  A statement verifying that the fence which
     4 30 encloses the land is certified by the department
     4 31 pursuant to section 484C.6.
     4 32    b.  The landowner's name.
     4 33    c.  The location of the land enclosed by the fence.
     4 34    2.  The landowner shall cooperate with the
     4 35 department to remove any whitetail from the enclosed
     4 36 land.  However, after the thirtieth day following
     4 37 receipt of the notice, the state shall relinquish its
     4 38 property interest in any remaining whitetail that the
     4 39 landowner and the department were unable to remove
     4 40 from the enclosed land.  Any remaining whitetail
     4 41 existing at that time on the enclosed land, and any
     4 42 progeny of the whitetail, shall become preserve
     4 43 whitetail and property of the landowner.
     4 44    3.  A hunting preserve may include whitetail which
     4 45 were regulated as farm deer by the department of
     4 46 agriculture and land stewardship pursuant to chapter
     4 47 170 and transported to the hunting preserve.  The
     4 48 whitetail shall be considered farm deer until released
     4 49 onto the hunting preserve.  Once released onto the
     4 50 hunting preserve, the whitetail and its progeny become
     5  1 preserve whitetail and are subject to regulation by
     5  2 the department of natural resources.
     5  3    Sec. 12.  NEW SECTION.  484C.9  DOCUMENTATION ==
     5  4 INSPECTIONS.
     5  5    1.  The department shall prepare forms for
     5  6 documents, including records and reports, and provide
     5  7 such forms to landowners in order to comply with this
     5  8 section.  The department shall provide procedures for
     5  9 the receipt, filing, processing, and return of
     5 10 documents in an electronic format.  The department
     5 11 shall provide for the authentication of the documents
     5 12 that may include electronic signatures as provided in
     5 13 chapter 554D.  However, this subsection does not
     5 14 require a landowner to complete or receive a document
     5 15 in an electronic format.
     5 16    2.  A landowner who operates a hunting preserve
     5 17 shall do all of the following:
     5 18    a.  Keep records as required by the department.
     5 19 The records shall be open for inspection at any
     5 20 reasonable time by the department.
     5 21    b.  File an annual report with the department on or
     5 22 before June 30.  The report shall describe the hunting
     5 23 preserve operations during the preceding twelve
     5 24 months.  The original report shall be forwarded to the
     5 25 department and a copy shall be retained in the hunting
     5 26 preserve's file for three years from the date of
     5 27 expiration of the landowner's last registration as
     5 28 provided in section 484C.7.
     5 29    c.  Keep a record of a documented event as required
     5 30 by the department.  The record of the documented event
     5 31 shall be entered in the annual report required in this
     5 32 section.  The record of the documented event shall be
     5 33 maintained by the landowner and submitted to the
     5 34 department.  The entry of the documented event shall
     5 35 be made within twenty=four hours after its occurrence
     5 36 as prescribed by departmental rule.
     5 37    Sec. 13.  NEW SECTION.  484C.10  TAKING PRESERVE
     5 38 WHITETAIL == TRANSPORTATION TAGS.
     5 39    The department shall provide transportation tags to
     5 40 a landowner for use in identifying the carcass of
     5 41 preserve whitetail.
     5 42    1.  The tags shall be used to designate all
     5 43 preserve whitetail taken by persons on the hunting
     5 44 preserve.  A person taking the preserve whitetail
     5 45 shall tag the preserve whitetail in accordance with
     5 46 the rules adopted by the department.
     5 47    2.  The preserve whitetail taken on a hunting
     5 48 preserve shall be tagged prior to being removed from
     5 49 the hunting preserve.
     5 50    3.  A tag shall remain attached to the carcass of
     6  1 the dead preserve whitetail until processed for
     6  2 consumption.  The person taking the preserve whitetail
     6  3 shall be provided with a bill of sale by the
     6  4 landowner.  The bill of sale shall remain in the
     6  5 possession of the person taking the preserve
     6  6 whitetail.
     6  7    4.  Preserve whitetail tags issued to a hunting
     6  8 preserve are not transferable.
     6  9    Sec. 14.  NEW SECTION.  484C.11  TAKING PRESERVE
     6 10 WHITETAIL == PROCESSING.
     6 11    If preserve whitetail have been taken, the
     6 12 harvested preserve whitetail may be processed by the
     6 13 hunting preserve as prescribed by rules adopted by the
     6 14 department.  The rules shall provide for the marking
     6 15 and shipment of meat.
     6 16    Sec. 15.  NEW SECTION.  484C.12  HEALTH
     6 17 REQUIREMENTS == CHRONIC WASTING DISEASE.
     6 18    1.  Preserve whitetail that are purchased,
     6 19 propagated, confined, released, or sold by a hunting
     6 20 preserve shall be free of diseases considered
     6 21 reportable for wildlife, poultry, or livestock.  The
     6 22 department may provide for the quarantine of diseased
     6 23 preserve whitetail that threaten the health of animal
     6 24 populations.
     6 25    2.  The landowner, or the landowner's veterinarian,
     6 26 and an epidemiologist designated by the department
     6 27 shall develop a plan for eradicating a reportable
     6 28 disease among the preserved whitetail population.  The
     6 29 plan shall be designed to reduce and then eliminate
     6 30 the reportable disease, and to prevent the spread of
     6 31 the disease to other animals.  The plan must be
     6 32 developed and signed within sixty days after a
     6 33 determination that the preserved whitetail population
     6 34 is affected with the disease.  The plan must address
     6 35 population management and adhere to rules adopted by
     6 36 the department.  The plan must be formalized as a
     6 37 memorandum of agreement executed by the landowner or
     6 38 landowner's veterinarian and the epidemiologist.  The
     6 39 plan must be approved by the department.
     6 40    Sec. 16.  NEW SECTION.  484C.13  PENALTIES.
     6 41    1.  A person who violates a provision of this
     6 42 chapter or a rule adopted pursuant to this chapter is
     6 43 guilty of a simple misdemeanor.
     6 44    2.  A landowner who keeps preserve whitetail and
     6 45 who fails to register with the department as required
     6 46 in section 484C.7 is subject to a civil penalty of not
     6 47 more than two thousand five hundred dollars.  The
     6 48 civil penalty shall be deposited in the state fish and
     6 49 game protection fund.
     6 50    3.  The department may suspend or revoke a fence
     7  1 certification issued pursuant to section 484C.6 if the
     7  2 department determines that a landowner has done any of
     7  3 the following:
     7  4    a.  Provided false information to the department in
     7  5 an application for fence certification pursuant to
     7  6 section 484C.6.
     7  7    b.  Failed to provide access to the department for
     7  8 an inspection as provided in this chapter.
     7  9    c.  Failed to maintain adequate records or to
     7 10 submit timely reports as provided in section 484C.9.
     7 11    d.  Failed to maintain a fence enclosing the land
     7 12 where preserve whitetail are kept as required by this
     7 13 chapter.  The department shall not suspend or revoke a
     7 14 certification, if the landowner remedies each item as
     7 15 provided in a notice of deficiency delivered to the
     7 16 landowner by the department.  The remedies shall be
     7 17 completed within seven days from receipt of the
     7 18 notice.  The notice shall be hand delivered or sent by
     7 19 certified mail.
     7 20    Sec. 17.  DEPARTMENT OF AGRICULTURE AND LAND
     7 21 STEWARDSHIP AND DEPARTMENT OF NATURAL RESOURCES ==
     7 22 JOINT STUDY AND RECOMMENDATIONS.
     7 23    1.  The department of agriculture and land
     7 24 stewardship and the department of natural resources
     7 25 shall conduct a joint study to consider issues
     7 26 relating to keeping of farm deer pursuant to Code
     7 27 chapter 170 and keeping preserve whitetail as part of
     7 28 a hunting preserve pursuant to Code chapter 484C as
     7 29 enacted by this Act.  As part of the study, the
     7 30 departments shall consider all of the following:
     7 31    a.  The fair and effective regulation of farm deer
     7 32 and preserve whitetail by the departments.
     7 33    b.  Threats to farm deer, preserve whitetail, and
     7 34 state=owned whitetail caused by potential outbreaks of
     7 35 infectious diseases including but not limited to
     7 36 chronic wasting disease, and methods to cooperate in
     7 37 monitoring and controlling infectious diseases and
     7 38 obtaining federal moneys necessary to provide for the
     7 39 prevention and suppression of infectious diseases.
     7 40    2.  The departments shall jointly report the
     7 41 results of the study, including findings and
     7 42 recommendations, to the government oversight
     7 43 committees by November 2005 as required by the
     7 44 committees.
     7 45    Sec. 18.  DEPARTMENT OF NATURAL RESOURCES AND
     7 46 HUNTING PRESERVE INDUSTRY == JOINT STUDY AND
     7 47 RECOMMENDATIONS.
     7 48    1.  A preserve whitetail committee is established.
     7 49 The committee shall be composed of the following:
     7 50    a.  Not more than five persons appointed by the
     8  1 governor who shall be members of the Iowa whitetail
     8  2 deer association.
     8  3    b.  Not more than five persons appointed by the
     8  4 director of the department of natural resources who
     8  5 shall be knowledgeable regarding hunting preserves.
     8  6    2.  The committee shall develop recommendations for
     8  7 industry standards and guidelines to be used by the
     8  8 natural resource commission when considering the
     8  9 granting of waivers for minimum acreage requirements
     8 10 for hunting preserves as provided in section 484C.5 as
     8 11 enacted in this Act.
     8 12    3.  The committee shall submit the recommendations
     8 13 required in this section to the natural resource
     8 14 commission by January 1, 2006.>
     8 15
     8 16
     8 17                               
     8 18 BAUDLER of Adair
     8 19 HF 874.517 81
     8 20 da/pj/2657

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