House Amendment 1536


PAG LIN




     1  1    Amend the House amendment, S=3096, to Senate File
     1  2 206, as amended, passed, and reprinted by the Senate,
     1  3 as follows:
     1  4 #1.  Page 1, line 3, by striking the figure <14.>
     1  5 and inserting the following:  <14, and inserting the
     1  6 following:
     1  7    <Sec.    .  Section 170.1, subsection 4, Code 2005,
     1  8 is amended to read as follows:
     1  9    4.  a.  "Farm deer" means an animal belonging to
     1 10 the cervidae family and classified as part of the dama
     1 11 species of the dama genus, commonly referred to as
     1 12 fallow deer; part of the elaphus species of the cervus
     1 13 genus, commonly referred to as red deer or elk; part
     1 14 of the virginianus species of the odocoileus genus,
     1 15 commonly referred to as whitetail; part of the
     1 16 hemionus species of the odocoileus genus, commonly
     1 17 referred to as mule deer; or part of the nippon
     1 18 species of the cervus genus, commonly referred to as
     1 19 sika.  However, a farm deer
     1 20    b.  "Farm deer" does not include any unmarked free=
     1 21 ranging elk, whitetail, or mule deer.  "Farm deer"
     1 22 also does not include preserve whitetail which are
     1 23 kept on a hunting preserve as provided in chapter
     1 24 484C.
     1 25    Sec.    .  NEW SECTION.  170.1A  APPLICATION OF
     1 26 CHAPTER.
     1 27    1.  A landowner shall not keep whitetail unless the
     1 28 whitetail are kept as farm deer under this chapter or
     1 29 kept as preserve whitetail on a hunting preserve
     1 30 pursuant to chapter 484C.
     1 31    2.  This chapter authorizes the department of
     1 32 agriculture and land stewardship to regulate whitetail
     1 33 kept as farm deer.  However, the department of natural
     1 34 resources shall regulate preserve whitetail kept on a
     1 35 hunting preserve pursuant to chapter 484C.>>
     1 36 #2.  Page 1, by striking lines 5 through 12.
     1 37 #3.  Page 1, by striking lines 35 and 36, and
     1 38 inserting the following:
     1 39    <#   .  Page 4, line 20, by inserting after the
     1 40 word <land> the following:  <, not necessarily>.
     1 41 #   .  Page 4, by striking lines 23 and 24, and
     1 42 inserting the following:
     1 43    <(a)  Are in tracts of two or more contiguous,
     1 44 acres.>>
     1 45 #4.  Page 2, by striking lines 24 through 27, and
     1 46 inserting the following:  <the special season.>
     1 47 #5.  Page 2, by inserting after line 45, the
     1 48 following:
     1 49    <#   .  Page 6, by inserting after line 35, the
     1 50 following:
     2  1    <Sec.    .  Section 484B.3, Code 2005, is amended
     2  2 to read as follows:
     2  3    484B.3  AUTHORITY OF THE DIRECTOR.
     2  4    1.   The director shall develop, administer, and
     2  5 enforce hunting preserve programs and requirements
     2  6 within the state which implement the provisions of
     2  7 this chapter and the rules adopted by the commission
     2  8 pursuant to this chapter.
     2  9    2.  The chapter does not apply to keeping farm deer
     2 10 as defined in section 170.1 as regulated by the
     2 11 department of agriculture and land stewardship
     2 12 pursuant to chapter 170 or to preserve whitetail kept
     2 13 on a hunting preserve as regulated by the department
     2 14 of natural resources pursuant to chapter 484C.
     2 15    Sec.    .  NEW SECTION.  484C.1  DEFINITIONS.
     2 16    As used in this chapter, unless the context
     2 17 otherwise requires:
     2 18    1.  "Commission" means the natural resource
     2 19 commission as created pursuant to section 455A.6.
     2 20    2.  "Department" means the department of natural
     2 21 resources as created pursuant to section 455A.2.
     2 22    3.  "Documented event" includes but is not limited
     2 23 to the birth, death, harvest, transfer for
     2 24 consideration, or release of preserve whitetail.
     2 25    4.  "Fence" means a boundary fence which encloses
     2 26 preserve whitetail within a landowner's property as
     2 27 required to be constructed and maintained pursuant to
     2 28 this chapter.
     2 29    5.  "Hunting preserve" means land where a landowner
     2 30 keeps preserve whitetail as part of a business, if the
     2 31 business's purpose is to provide persons with the
     2 32 opportunity to hunt the preserve whitetail.
     2 33    6.  "Landowner" means a person who holds an
     2 34 interest in land, including a titleholder.
     2 35    7.  "Preserve whitetail" means whitetail kept on a
     2 36 hunting preserve.
     2 37    8.  "Whitetail" means an animal belonging to the
     2 38 cervidae family and classified as part of the
     2 39 virginianus species of the odocoileus genus.
     2 40    Sec.    .  NEW SECTION.  484C.2  APPLICATION OF
     2 41 CHAPTER.
     2 42    1.  A landowner shall not keep whitetail unless the
     2 43 whitetail are kept as preserve whitetail pursuant to
     2 44 this chapter or as farm deer pursuant to chapter 170.
     2 45    2.  This chapter authorizes the department of
     2 46 natural resources to regulate preserve whitetail.
     2 47 However, the department of agriculture and land
     2 48 stewardship shall regulate whitetail kept as farm deer
     2 49 pursuant to chapter 170.
     2 50    Sec.    .  NEW SECTION.  484C.3  RULES.
     3  1    The department shall adopt rules pursuant to
     3  2 chapter 17A as necessary to administer this chapter.
     3  3    Sec.    .  NEW SECTION.  484C.4  DEPARTMENTAL
     3  4 PROGRAMS AND REQUIREMENTS.
     3  5    The department shall develop, administer, and
     3  6 enforce hunting preserve programs and requirements,
     3  7 which implement the provisions of this chapter and
     3  8 rules adopted by the department pursuant to section
     3  9 484C.3, regarding fencing, recordkeeping, reporting,
     3 10 and the tagging, transportation, testing, and
     3 11 monitoring for disease of preserve whitetail.
     3 12    Sec.    .  NEW SECTION.  484C.5  MINIMUM ENCLOSED
     3 13 ACREAGE == EXCEPTIONS.
     3 14    A hunting preserve must include at least three
     3 15 hundred twenty contiguous acres which are enclosed by
     3 16 a fence certified pursuant to section 484C.6.
     3 17 However, the hunting preserve may include a fewer
     3 18 number of enclosed acres if any of the following
     3 19 applies:
     3 20    1.  The commission grants a waiver for the hunting
     3 21 preserve according to terms and conditions required by
     3 22 the commission.  The hunting preserve must include at
     3 23 least one hundred sixty contiguous acres.
     3 24    2.  a.  The hunting preserve was operated as a
     3 25 business on January 1, 2005.
     3 26    b.  If the hunting preserve operated as a business
     3 27 on January 1, 2005, the landowner or the landowner's
     3 28 successor in interest may sell or otherwise transfer
     3 29 ownership of the hunting preserve to another person
     3 30 who may continue to operate the hunting preserve in
     3 31 the same manner as the landowner.  However, this
     3 32 paragraph shall not apply if the owner of the hunting
     3 33 preserve or any successor in interest fails to
     3 34 register with the department as provided in section
     3 35 484C.7 for three or more consecutive years.
     3 36    3.  a.  The hunting preserve was not operated as a
     3 37 business on January 1, 2005, and all of the following
     3 38 apply:
     3 39    (1)  The hunting preserve has at least one hundred
     3 40 contiguous acres.
     3 41    (2)  The hunting preserve's fence is certified by
     3 42 the department not later than September 1, 2005.
     3 43    b.  If the hunting preserve complies with paragraph
     3 44 "a", the landowner or the landowner's successor in
     3 45 interest may sell or otherwise transfer ownership of
     3 46 the hunting preserve to another person who may
     3 47 continue to operate the hunting preserve in the same
     3 48 manner as the landowner.  However, this paragraph
     3 49 shall not apply if the owner of the hunting preserve
     3 50 or any successor in interest fails to register with
     4  1 the department as provided in section 484C.7 for three
     4  2 or more consecutive years.
     4  3    Sec.    .  NEW SECTION.  484C.6  FENCING ==
     4  4 CERTIFICATION.
     4  5    1.  A fence required to enclose preserve whitetail
     4  6 under section 484C.5 must be constructed and
     4  7 maintained as prescribed by rules adopted by the
     4  8 department and as certified by the department.  The
     4  9 fence shall be constructed and maintained to ensure
     4 10 that the preserve whitetail are kept in the enclosure
     4 11 and all other whitetail are excluded from the
     4 12 enclosure.
     4 13    2.  A fence that was certified by the department of
     4 14 agriculture and land stewardship pursuant to chapter
     4 15 170 prior to the effective date of this Act shall be
     4 16 certified by the department of natural resources.
     4 17    3.  A fence shall be at least eight feet in height
     4 18 above ground level.  The enclosure shall be posted
     4 19 with signs as prescribed by rules adopted by the
     4 20 department.
     4 21    4.  The department may require that the fence be
     4 22 inspected and approved by the department prior to
     4 23 certification.  The department shall periodically
     4 24 inspect the fence at any reasonable time by
     4 25 appointment or by providing the landowner with at
     4 26 least forty=eight hours' notice.
     4 27    Sec.    .  NEW SECTION.  484C.7  REGISTRATION AND
     4 28 FEE.
     4 29    A landowner who keeps preserve whitetail shall
     4 30 annually register the landowner's hunting preserve
     4 31 with the department by June 30.  The landowner shall
     4 32 pay the department a registration fee.  The amount of
     4 33 the registration fee shall not exceed three hundred
     4 34 fifty dollars per fiscal year.  The fee shall be
     4 35 deposited into the state fish and game protection
     4 36 fund.
     4 37    Sec.    .  NEW SECTION.  484C.8  REQUIREMENTS FOR
     4 38 RELEASING WHITETAIL == PROPERTY INTERESTS.
     4 39    A person shall not release whitetail kept as
     4 40 preserve whitetail onto land unless the landowner
     4 41 complies with all of the following:
     4 42    1.  The landowner must notify the department at
     4 43 least thirty days prior to first releasing the
     4 44 preserve whitetail on the land.  The notice shall be
     4 45 provided in a manner required by the department.  The
     4 46 notice must at least provide all of the following:
     4 47    a.  A statement verifying that the fence which
     4 48 encloses the land is certified by the department
     4 49 pursuant to section 484C.6.
     4 50    b.  The landowner's name.
     5  1    c.  The location of the land enclosed by the fence.
     5  2    2.  The landowner shall cooperate with the
     5  3 department to remove any whitetail from the enclosed
     5  4 land.  However, after the thirtieth day following
     5  5 receipt of the notice, the state shall relinquish its
     5  6 property interest in any remaining whitetail that the
     5  7 landowner and the department were unable to remove
     5  8 from the enclosed land.  Any remaining whitetail
     5  9 existing at that time on the enclosed land, and any
     5 10 progeny of the whitetail, shall become preserve
     5 11 whitetail and property of the landowner.
     5 12    3.  A hunting preserve may include whitetail which
     5 13 were regulated as farm deer by the department of
     5 14 agriculture and land stewardship pursuant to chapter
     5 15 170 and transported to the hunting preserve.  The
     5 16 whitetail shall be considered farm deer until released
     5 17 onto the hunting preserve.  Once released onto the
     5 18 hunting preserve, the whitetail and its progeny become
     5 19 preserve whitetail and are subject to regulation by
     5 20 the department of natural resources.
     5 21    Sec.    .  NEW SECTION.  484C.9  DOCUMENTATION ==
     5 22 INSPECTIONS.
     5 23    1.  The department shall prepare forms for
     5 24 documents, including records and reports, and provide
     5 25 such forms to landowners in order to comply with this
     5 26 section.  The department shall provide procedures for
     5 27 the receipt, filing, processing, and return of
     5 28 documents in an electronic format.  The department
     5 29 shall provide for the authentication of the documents
     5 30 that may include electronic signatures as provided in
     5 31 chapter 554D.  However, this subsection does not
     5 32 require a landowner to complete or receive a document
     5 33 in an electronic format.
     5 34    2.  A landowner who operates a hunting preserve
     5 35 shall do all of the following:
     5 36    a.  Keep records as required by the department.
     5 37 The records shall be open for inspection at any
     5 38 reasonable time by the department.
     5 39    b.  File an annual report with the department on or
     5 40 before June 30.  The report shall describe the hunting
     5 41 preserve operations during the preceding twelve
     5 42 months.  The original report shall be forwarded to the
     5 43 department and a copy shall be retained in the hunting
     5 44 preserve's file for three years from the date of
     5 45 expiration of the landowner's last registration as
     5 46 provided in section 484C.7.
     5 47    c.  Keep a record of a documented event as required
     5 48 by the department.  The record of the documented event
     5 49 shall be entered in the annual report required in this
     5 50 section.  The record of the documented event shall be
     6  1 maintained by the landowner and submitted to the
     6  2 department.  The entry of the documented event shall
     6  3 be made within twenty=four hours after its occurrence
     6  4 as prescribed by departmental rule.
     6  5    Sec.    .  NEW SECTION.  484C.10  TAKING PRESERVE
     6  6 WHITETAIL == TRANSPORTATION TAGS.
     6  7    The department shall provide transportation tags to
     6  8 a landowner for use in identifying the carcass of
     6  9 preserve whitetail.
     6 10    1.  The tags shall be used to designate all
     6 11 preserve whitetail taken by persons on the hunting
     6 12 preserve.  A person taking the preserve whitetail
     6 13 shall tag the preserve whitetail in accordance with
     6 14 the rules adopted by the department.
     6 15    2.  The preserve whitetail taken on a hunting
     6 16 preserve shall be tagged prior to being removed from
     6 17 the hunting preserve.
     6 18    3.  A tag shall remain attached to the carcass of
     6 19 the dead preserve whitetail until processed for
     6 20 consumption.  The person taking the preserve whitetail
     6 21 shall be provided with a bill of sale by the
     6 22 landowner.  The bill of sale shall remain in the
     6 23 possession of the person taking the preserve
     6 24 whitetail.
     6 25    4.  Preserve whitetail tags issued to a hunting
     6 26 preserve are not transferable.
     6 27    Sec.    .  NEW SECTION.  484C.11  TAKING PRESERVE
     6 28 WHITETAIL == PROCESSING.
     6 29    If preserve whitetail have been taken, the
     6 30 harvested preserve whitetail may be processed by the
     6 31 hunting preserve as prescribed by rules adopted by the
     6 32 department.  The rules shall provide for the marking
     6 33 and shipment of meat.
     6 34    Sec.    .  NEW SECTION.  484C.12  HEALTH
     6 35 REQUIREMENTS == CHRONIC WASTING DISEASE.
     6 36    1.  Preserve whitetail that are purchased,
     6 37 propagated, confined, released, or sold by a hunting
     6 38 preserve shall be free of diseases considered
     6 39 reportable for wildlife, poultry, or livestock.  The
     6 40 department may provide for the quarantine of diseased
     6 41 preserve whitetail that threaten the health of animal
     6 42 populations.
     6 43    2.  The landowner, or the landowner's veterinarian,
     6 44 and an epidemiologist designated by the department
     6 45 shall develop a plan for eradicating a reportable
     6 46 disease among the preserved whitetail population.  The
     6 47 plan shall be designed to reduce and then eliminate
     6 48 the reportable disease, and to prevent the spread of
     6 49 the disease to other animals.  The plan must be
     6 50 developed and signed within sixty days after a
     7  1 determination that the preserved whitetail population
     7  2 is affected with the disease.  The plan must address
     7  3 population management and adhere to rules adopted by
     7  4 the department.  The plan must be formalized as a
     7  5 memorandum of agreement executed by the landowner or
     7  6 landowner's veterinarian and the epidemiologist.  The
     7  7 plan must be approved by the department.
     7  8    Sec.    .  NEW SECTION.  484C.13  PENALTIES.
     7  9    1.  A person who violates a provision of this
     7 10 chapter or a rule adopted pursuant to this chapter is
     7 11 guilty of a simple misdemeanor.
     7 12    2.  A landowner who keeps preserve whitetail and
     7 13 who fails to register with the department as required
     7 14 in section 484C.7 is subject to a civil penalty of not
     7 15 more than two thousand five hundred dollars.  The
     7 16 civil penalty shall be deposited in the state fish and
     7 17 game protection fund.
     7 18    3.  The department may suspend or revoke a fence
     7 19 certification issued pursuant to section 484C.6 if the
     7 20 department determines that a landowner has done any of
     7 21 the following:
     7 22    a.  Provided false information to the department in
     7 23 an application for fence certification pursuant to
     7 24 section 484C.6.
     7 25    b.  Failed to provide access to the department for
     7 26 an inspection as provided in this chapter.
     7 27    c.  Failed to maintain adequate records or to
     7 28 submit timely reports as provided in section 484C.9.
     7 29    d.  Failed to maintain a fence enclosing the land
     7 30 where preserve whitetail are kept as required by this
     7 31 chapter.  The department shall not suspend or revoke a
     7 32 certification, if the landowner remedies each item as
     7 33 provided in a notice of deficiency delivered to the
     7 34 landowner by the department.  The remedies shall be
     7 35 completed within seven days from receipt of the
     7 36 notice.  The notice shall be hand delivered or sent by
     7 37 certified mail.>
     7 38 #   .  Page 7, by inserting after line 1 the
     7 39 following:
     7 40    <Sec.    .  DEPARTMENT OF AGRICULTURE AND LAND
     7 41 STEWARDSHIP AND DEPARTMENT OF NATURAL RESOURCES ==
     7 42 JOINT STUDY AND RECOMMENDATIONS.
     7 43    1.  The department of agriculture and land
     7 44 stewardship and the department of natural resources
     7 45 shall conduct a joint study to consider issues
     7 46 relating to keeping of whitetail farm deer pursuant to
     7 47 Code chapter 170 and keeping preserve whitetail as
     7 48 part of a hunting preserve pursuant to Code chapter
     7 49 484C as enacted by this Act.  As part of the study,
     7 50 the departments shall consider all of the following:
     8  1    a.  The fair and effective regulation of whitetail
     8  2 farm deer and preserve whitetail by the departments.
     8  3    b.  Threats to whitetail farm deer, preserve
     8  4 whitetail, and state=owned whitetail caused by
     8  5 potential outbreaks of infectious diseases including
     8  6 but not limited to chronic wasting disease, and
     8  7 methods to cooperate in monitoring and controlling
     8  8 infectious diseases and obtaining federal moneys
     8  9 necessary to provide for the prevention and
     8 10 suppression of infectious diseases.
     8 11    2.  The departments shall jointly report the
     8 12 results of the study, including findings and
     8 13 recommendations, to the government oversight
     8 14 committees by November 2005 as required by the
     8 15 committees.
     8 16    Sec.    .  DEPARTMENT OF NATURAL RESOURCES AND
     8 17 HUNTING PRESERVE INDUSTRY == JOINT STUDY AND
     8 18 RECOMMENDATIONS.
     8 19    1.  A preserve whitetail committee is established.
     8 20 The committee shall be composed of the following:
     8 21    a.  Not more than five persons appointed by the
     8 22 governor who shall be members of the Iowa whitetail
     8 23 deer association.
     8 24    b.  Not more than five persons appointed by the
     8 25 director of the department of natural resources who
     8 26 shall be knowledgeable regarding hunting preserves.
     8 27    2.  The committee shall develop recommendations for
     8 28 industry standards and guidelines to be used by the
     8 29 natural resource commission when considering the
     8 30 granting of waivers for minimum acreage requirements
     8 31 for hunting preserves as provided in section 484C.5 as
     8 32 enacted in this Act.
     8 33    3.  The committee shall submit the recommendations
     8 34 required in this section to the natural resource
     8 35 commission by January 1, 2006.>>
     8 36 #6.  By renumbering as necessary.
     8 37 SF 206.S
     8 38 av/cc/26

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