484CPRESERVE WHITETAIL484C.1Definitions.As used in this chapter, unless the context otherwise requires:1“Commission” means the natural resource commission as created pursuant to section 455A.6.2“Department” means the department of natural resources as created pursuant to section 455A.2.3“Documented event” includes but is not limited to the birth, death, harvest, transfer for consideration, or release of preserve whitetail.4“Elk” means an animal belonging to the cervidae family and classified as part of the canadensis species of the cervus genus.5“Fence” means a boundary fence which encloses preserve whitetail within a landowner’s property as required to be constructed and maintained pursuant to this chapter.6“Hunting preserve” means land where a landowner keeps preserve whitetail as part of a business, if the business’s purpose is to provide persons with the opportunity to hunt the preserve whitetail.7“Landowner” means a person who holds an interest in land, including a titleholder.8“Preserve whitetail” means whitetail kept on a hunting preserve.9“Whitetail” means an animal belonging to the cervidae family and classified as part of the virginianus species of the odocoileus genus.2005 Acts, ch 139, §14; 2012 Acts, ch 1118, §17, 21484C.2Application of chapter.1A landowner shall not keep whitetail unless the whitetail are kept as preserve whitetail pursuant to this chapter or as farm deer pursuant to chapter 170.2This chapter authorizes the department of natural resources to regulate preserve whitetail. However, the department of agriculture and land stewardship shall regulate whitetail kept as farm deer pursuant to chapter 170.2005 Acts, ch 139, §15484C.3Rules.The department shall adopt rules pursuant to chapter 17A as necessary to administer this chapter.2005 Acts, ch 139, §16484C.4Departmental programs and requirements.The department shall develop, administer, and enforce hunting preserve programs and requirements, which implement the provisions of this chapter and rules adopted by the department pursuant to section 484C.3, regarding fencing, recordkeeping, reporting, and the tagging, transportation, testing, and monitoring for disease of preserve whitetail.2005 Acts, ch 139, §17484C.5Minimum enclosed acreage exceptions.1A hunting preserve must include at least three hundred twenty contiguous acres which are enclosed by a fence certified pursuant to section 484C.6. However, the hunting preserve may include a fewer number of enclosed acres if any of the following applies:aThe commission grants a waiver for the hunting preserve according to terms and conditions required by the commission. The hunting preserve must include at least one hundred sixty contiguous acres.b1The hunting preserve was operated as a business on January 1, 2005.2If the hunting preserve operated as a business on January 1, 2005, the landowner or the landowner’s successor in interest may sell or otherwise transfer ownership of the hunting preserve to another person who may continue to operate the hunting preserve in the same manner as the landowner. However, this subparagraph shall not apply if the owner of the hunting preserve or any successor in interest fails to register with the department as provided in section 484C.7 for three or more consecutive years.c1The hunting preserve was not operated as a business on January 1, 2005, and all of the following apply:aThe hunting preserve has at least one hundred contiguous acres.bThe hunting preserve’s fence is certified by the department not later than September 1, 2005.2If the hunting preserve complies with subparagraph (1), the landowner or the landowner’s successor in interest may sell or otherwise transfer ownership of the hunting preserve to another person who may continue to operate the hunting preserve in the same manner as the landowner. However, this subparagraph shall not apply if the owner of the hunting preserve or any successor in interest fails to register with the department as provided in section 484C.7 for three or more consecutive years.2Notwithstanding any other provision of this chapter or chapter 484B, a person may keep whitetail and elk together on a hunting preserve that includes less than three hundred twenty enclosed acres if the person receives a waiver as provided in subsection 1, paragraph “a” or meets the conditions specified in subsection 1, paragraph “b”.2005 Acts, ch 139, §18; 2012 Acts, ch 1118, §18, 21484C.6Fencing — certification.1A fence required to enclose preserve whitetail under section 484C.5 must be constructed and maintained as prescribed by rules adopted by the department and as certified by the department. The fence shall be constructed and maintained to ensure that the preserve whitetail are kept in the enclosure and all other whitetail are excluded from the enclosure.2A fence that was certified by the department of agriculture and land stewardship pursuant to chapter 170 prior to July 1, 2005, shall be certified by the department of natural resources.3A fence shall be at least eight feet in height above ground level. The enclosure shall be posted with signs as prescribed by rules adopted by the department.4The department may require that the fence be inspected and approved by the department prior to certification. The department shall periodically inspect the fence at any reasonable time by appointment or by providing the landowner with at least forty-eight hours’ notice.2005 Acts, ch 139, §19484C.7Registration and fee.A landowner who keeps preserve whitetail shall annually register the landowner’s hunting preserve with the department by June 30. The landowner shall pay the department a registration fee. The amount of the registration fee shall not exceed three hundred fifty dollars per fiscal year. The fee shall be deposited into the state fish and game protection fund.2005 Acts, ch 139, §20484C.8Requirements for releasing whitetail — property interests.A person shall not release whitetail kept as preserve whitetail onto land unless the landowner complies with all of the following:1The landowner must notify the department at least thirty days prior to first releasing the preserve whitetail on the land. The notice shall be provided in a manner required by the department. The notice must at least provide all of the following:aA statement verifying that the fence which encloses the land is certified by the department pursuant to section 484C.6.bThe landowner’s name.cThe location of the land enclosed by the fence.2The landowner shall cooperate with the department to remove any whitetail from the enclosed land. However, after the thirtieth day following receipt of the notice, the state shall relinquish its property interest in any remaining whitetail that the landowner and the department were unable to remove from the enclosed land. Any remaining whitetail existing at that time on the enclosed land, and any progeny of the whitetail, shall become preserve whitetail and property of the landowner.3A hunting preserve may include whitetail which were regulated as farm deer by the department of agriculture and land stewardship pursuant to chapter 170 and transported to the hunting preserve. The whitetail shall be considered farm deer until released onto the hunting preserve. Once released onto the hunting preserve, the whitetail and its progeny become preserve whitetail and are subject to regulation by the department of natural resources.2005 Acts, ch 139, §21484C.9Documentation — inspections.1The department shall prepare forms for documents, including records and reports, and provide such forms to landowners in order to comply with this section. The department shall provide procedures for the receipt, filing, processing, and return of documents in an electronic format. The department shall provide for the authentication of the documents that may include electronic signatures as provided in chapter 554D. However, this subsection does not require a landowner to complete or receive a document in an electronic format.2A landowner who operates a hunting preserve shall do all of the following:aKeep records as required by the department. The records shall be open for inspection at any reasonable time by the department.bFile an annual report with the department on or before June 30. The report shall describe the hunting preserve operations during the preceding twelve months. The original report shall be forwarded to the department and a copy shall be retained in the hunting preserve’s file for three years from the date of expiration of the landowner’s last registration as provided in section 484C.7.cKeep a record of a documented event as required by the department. The record of the documented event shall be entered in the annual report required in this section. The record of the documented event shall be maintained by the landowner and submitted to the department. The entry of the documented event shall be made within twenty-four hours after its occurrence as prescribed by departmental rule.2005 Acts, ch 139, §22484C.10Taking preserve whitetail — transportation tags.The department shall provide transportation tags to a landowner for use in identifying the carcass of preserve whitetail.1The tags shall be used to designate all preserve whitetail taken by persons on the hunting preserve. A person taking the preserve whitetail shall tag the preserve whitetail in accordance with the rules adopted by the department.2The preserve whitetail taken on a hunting preserve shall be tagged prior to being removed from the hunting preserve.3A tag shall remain attached to the carcass of the dead preserve whitetail until processed for consumption. The person taking the preserve whitetail shall be provided with a bill of sale by the landowner. The bill of sale shall remain in the possession of the person taking the preserve whitetail.4Preserve whitetail tags issued to a hunting preserve are not transferable.2005 Acts, ch 139, §23484C.11Taking preserve whitetail — processing.If preserve whitetail have been taken, the harvested preserve whitetail may be processed by the hunting preserve as prescribed by rules adopted by the department. The rules shall provide for the marking and shipment of meat.2005 Acts, ch 139, §24484C.12Health requirements — chronic wasting disease.1Preserve whitetail that are purchased, propagated, confined, released, or sold by a hunting preserve shall be free of diseases considered reportable for wildlife, poultry, or livestock. The department may provide for the quarantine of diseased preserve whitetail that threaten the health of animal populations.2The landowner, or the landowner’s veterinarian, and an epidemiologist designated by the department shall develop a plan for eradicating a reportable disease among the preserve whitetail population. The plan shall be designed to reduce and then eliminate the reportable disease, and to prevent the spread of the disease to other animals. The plan must be developed and signed within sixty days after a determination that the preserve whitetail population is affected with the disease. The plan must address population management and adhere to rules adopted by the department. The plan must be formalized as a memorandum of agreement executed by the landowner or landowner’s veterinarian and the epidemiologist. The plan must be approved by the department.2005 Acts, ch 139, §25484C.13Penalties.1A person who violates a provision of this chapter or a rule adopted pursuant to this chapter is guilty of a simple misdemeanor.2A landowner who keeps preserve whitetail and who fails to register with the department as required in section 484C.7 is subject to a civil penalty of not more than two thousand five hundred dollars. The civil penalty shall be deposited in the state fish and game protection fund.3The department may suspend or revoke a fence certification issued pursuant to section 484C.6 if the department determines that a landowner has done any of the following:aProvided false information to the department in an application for fence certification pursuant to section 484C.6.bFailed to provide access to the department for an inspection as provided in this chapter.cFailed to maintain adequate records or to submit timely reports as provided in section 484C.9.dFailed to maintain a fence enclosing the land where preserve whitetail are kept as required by this chapter. The department shall not suspend or revoke a certification if the landowner remedies each item as provided in a notice of deficiency delivered to the landowner by the department. The remedies shall be completed within seven days from receipt of the notice. The notice shall be hand delivered or sent by certified mail.2005 Acts, ch 139, §26Remote control or internet hunting prohibited, see §481A.125A