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