Senate File 2328 - Enrolled
PAG LIN
1 1 SENATE FILE 2328
1 2
1 3 AN ACT
1 4 RELATING TO THE DEER DEPREDATION MANAGEMENT PROGRAM,
1 5 ESTABLISHING A DEER STUDY ADVISORY COMMITTEE, AND PROVIDING
1 6 AN EFFECTIVE DATE.
1 7
1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 9
1 10 Section 1. Section 481A.10A, Code 2007, is amended to read
1 11 as follows:
1 12 481A.10A FARMER ADVISORY COMMITTEE.
1 13 The director shall establish a farmer advisory committee
1 14 for the purpose of providing information to the department
1 15 regarding crop and tree damage caused by deer, wild turkey,
1 16 and other predators. Members of the committee shall include a
1 17 representative designated by each of the following
1 18 organizations: the Iowa corn growers association, the Iowa
1 19 farm bureau federation, the Iowa farmers union, the Iowa state
1 20 horticulture society, the Iowa Christmas tree growers
1 21 association, the Iowa nursery and landscape association, the
1 22 department of agriculture and land stewardship, and the Iowa
1 23 state university agricultural extension service. The
1 24 committee shall meet with a representative of the department
1 25 of natural resources on a semiannual basis. The committee
1 26 shall serve without compensation or reimbursement for
1 27 expenses.
1 28 Sec. 2. Section 481C.2, Code 2007, is amended to read as
1 29 follows:
1 30 481C.2 DUTIES.
1 31 1. The director of the department of natural resources
1 32 shall enter into a memorandum of agreement with the United
1 33 States department of agriculture, animal damage control
1 34 division. The wild animal depredation unit shall serve and
1 35 act as the liaison to the department for the producers in the
2 1 state who suffer crop and, horticultural product, tree, or
2 2 nursery damage due to wild animals.
2 3 2. The department shall issue depredation permits to any
2 4 landowner who incurs crop and, horticultural product, tree, or
2 5 nursery damage of one thousand dollars or more due to wild
2 6 animals.
2 7 3. The criteria for issuing depredation licenses and
2 8 permits shall be established in administrative rules in
2 9 consultation with the farmer advisory committee created in
2 10 section 481A.10A. The administrative rules adopted pursuant
2 11 to this section shall not require a producer to erect or
2 12 maintain fencing at a cost exceeding one thousand dollars as a
2 13 requisite for receiving a depredation license or permit or for
2 14 participation in a depredation plan.
2 15 Sec. 3. NEW SECTION. 481C.2A DEER DEPREDATION MANAGEMENT
2 16 PROGRAM == LICENSES AND PERMITS.
2 17 1. Deer depredation licenses shall be available for
2 18 issuance as follows:
2 19 a. Deer depredation licenses shall be available for
2 20 issuance to resident hunters.
2 21 b. Depredation licenses issued pursuant to this subsection
2 22 shall be valid to harvest antlerless deer only. Depredation
2 23 licenses that are issued to a landowner and family members as
2 24 defined in section 483A.24 shall be in addition to the number
2 25 of free licenses that are available for issuance to such
2 26 persons under section 483A.24. A landowner or a family member
2 27 may obtain one free depredation license for each deer hunting
2 28 season that is established by the commission. Deer may be
2 29 harvested with a rifle pursuant to a depredation license in
2 30 any area and in any season where the commission authorizes the
2 31 use of rifles.
2 32 c. Licenses issued pursuant to this subsection may be
2 33 issued at any time to a resident hunter who has permission to
2 34 hunt on the land for which the license is valid pursuant to
2 35 this subsection.
3 1 d. A producer who enters into a depredation agreement with
3 2 the department of natural resources shall be issued a set of
3 3 authorization numbers. Each authorization number authorizes a
3 4 resident hunter to obtain a depredation license that is valid
3 5 only for taking antlerless deer on the land designated in the
3 6 producer's depredation plan. A producer may transfer an
3 7 authorization number issued to that producer to a resident
3 8 hunter who has permission to hunt on the land for which the
3 9 authorization number is valid. An authorization number shall
3 10 be valid to obtain a depredation license in any season. The
3 11 provisions of this paragraph shall be implemented by August
3 12 15, 2008. A transferee who receives an authorization number
3 13 pursuant to this paragraph "d" shall be otherwise qualified to
3 14 hunt deer in this state, have a hunting license, pay the
3 15 wildlife habitat fee, and pay the one dollar fee for the
3 16 purpose of the deer herd population management program.
3 17 2. Deer shooting permits shall be available for issuance
3 18 as follows:
3 19 a. Deer shooting permits shall be available for issuance
3 20 to landowners who incur crop, horticultural product, tree, or
3 21 nursery damage as provided in section 481C.2 and shall be
3 22 available for issuance for use on areas where public safety
3 23 may be an issue.
3 24 b. Deer shooting permits issued pursuant to this
3 25 subsection shall be valid and may be used outside of
3 26 established deer hunting seasons.
3 27 3. Notwithstanding section 481C.2, subsection 3, a
3 28 producer shall not be required to erect or maintain fencing as
3 29 a requisite for receiving a deer depredation permit or for
3 30 participation in a deer depredation plan pursuant to this
3 31 section.
3 32 4. A person who harvests a deer with a deer depredation
3 33 license or a deer shooting permit issued pursuant to this
3 34 section shall utilize the deer harvest reporting system set
3 35 forth in section 483A.8A and shall not be subject to different
4 1 disposal or reporting requirements than are applicable to the
4 2 harvest of deer pursuant to other deer hunting licenses except
4 3 that any antlers on a deer taken pursuant to a shooting permit
4 4 shall be delivered to the local conservation officer for
4 5 disposal.
4 6 5. The department shall administer and enforce the
4 7 administrative rules concerning deer depredation, including
4 8 issuance of deer depredation licenses and deer shooting
4 9 permits, that are established by the commission.
4 10 6. The department shall make educational materials that
4 11 explain the deer depredation management program available to
4 12 the general public, and available specifically to farmers and
4 13 farm and commodity organizations, in both electronic and
4 14 brochure formats by June 30, 2008.
4 15 7. The department shall conduct outreach programs for
4 16 farmers and farm and commodity organizations that explain the
4 17 deer depredation management program. The department shall
4 18 develop, by rule, a master hunter program and maintain a list
4 19 of master hunters who are available to assist producers in the
4 20 deer depredation management program by increasing the harvest
4 21 of antlerless deer on the producer's property.
4 22 Sec. 4. DEER STUDY ADVISORY COMMITTEE. A deer study
4 23 advisory committee is established for the purpose of studying
4 24 the best way to maintain a sustainable, socially acceptable
4 25 deer population in the state while maximizing and balancing
4 26 the economic value of deer hunting to Iowa's economy with the
4 27 needs of the agricultural industry and public safety concerns.
4 28 1. The advisory committee shall be composed of the
4 29 following members:
4 30 a. One representative from each of the following
4 31 organizations or entities, to be appointed by the governor:
4 32 (1) Iowa association of county conservation boards.
4 33 (2) Iowa farm bureau federation.
4 34 (3) Iowa farmers union.
4 35 (4) Iowa conservation alliance.
5 1 (5) Iowa bow hunters association.
5 2 (6) Whitetails unlimited.
5 3 (7) Iowa hospitality association.
5 4 (8) Iowa restaurant association.
5 5 (9) Iowa meat processors association.
5 6 (10) Iowa league of cities.
5 7 (11) The department of transportation.
5 8 (12) Iowa woodland owners association.
5 9 (13) Iowa insurance institute.
5 10 (14) Iowa realtors association.
5 11 (15) Iowa chapter of the sierra club.
5 12 (16) Iowa environmental council.
5 13 (17) Iowa nursery and landscape association.
5 14 b. The director of the department of natural resources or
5 15 a designee.
5 16 c. The secretary of agriculture or a designee.
5 17 d. The director of the department of economic development
5 18 or a designee.
5 19 e. Two members of the senate, one of whom is appointed by
5 20 the majority leader of the senate and one of whom is appointed
5 21 by the minority leader of the senate.
5 22 f. Two members of the house of representatives, one of
5 23 whom is appointed by the speaker of the house of
5 24 representatives and one of whom is appointed by the minority
5 25 leader of the house of representatives.
5 26 2. The director of the department of natural resources or
5 27 the director's designee shall serve as the chairperson of the
5 28 advisory committee.
5 29 3. Legislative members of the committee are eligible for
5 30 per diem and reimbursement of actual expenses as provided in
5 31 section 2.10.
5 32 4. The committee shall review, analyze, and make
5 33 recommendations on issues relating to the state's deer
5 34 population including but not limited to the following:
5 35 a. The current status of Iowa's deer population, harvest,
6 1 and population management programs.
6 2 b. The economic impact and value of Iowa's deer
6 3 population.
6 4 c. The cost of damage to crops caused by deer.
6 5 d. The number and cost of motor vehicle accidents caused
6 6 by deer.
6 7 e. A review of the deer management challenges and programs
6 8 of other midwestern states.
6 9 f. An assessment of public opinion concerning the number
6 10 of deer, and the impact and value of Iowa's deer population.
6 11 5. The advisory committee shall complete its deliberations
6 12 in December 2008 and submit a final report to the governor and
6 13 the general assembly summarizing the committee's activities,
6 14 analyzing the issues studied, and including any other
6 15 information or recommendations that the committee deems
6 16 relevant and necessary by January 10, 2009.
6 17 Sec. 5. Section 483A.24C, Code 2007, is repealed.
6 18 Sec. 6. EFFECTIVE DATE. This Act, being deemed of
6 19 immediate importance, takes effect upon enactment.
6 20
6 21
6 22
6 23 JOHN P. KIBBIE
6 24 President of the Senate
6 25
6 26
6 27
6 28 PATRICK J. MURPHY
6 29 Speaker of the House
6 30
6 31 I hereby certify that this bill originated in the Senate and
6 32 is known as Senate File 2328, Eighty=second General Assembly.
6 33
6 34
6 35
7 1 MICHAEL E. MARSHALL
7 2 Secretary of the Senate
7 3 Approved , 2008
7 4
7 5
7 6
7 7 CHESTER J. CULVER
7 8 Governor