House File 2406
HOUSE FILE
BY MERTZ, WHITAKER,
and DOLECHECK
(COMPANION TO LSB 5675SS BY
FRAISE)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the keeping of farm deer.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 5675HH 80
4 da/cf/24
PAG LIN
1 1 Section 1. Section 170.4, Code Supplement 2003, is amended
1 2 to read as follows:
1 3 170.4 REQUIREMENTS FOR KEEPING WHITETAIL == FENCE
1 4 CERTIFICATION.
1 5 A landowner shall not keep whitetail as farm deer, unless
1 6 the whitetail is kept on land of any number of acres which is
1 7 enclosed by a fence. The fence must be constructed and
1 8 maintained as prescribed by rules adopted by the department.
1 9 A landowner shall not keep the whitetail unless the fence is
1 10 certified in a manner and according to procedures required by
1 11 the department. The fence shall be constructed and maintained
1 12 to ensure that whitetail are kept in the enclosure and that
1 13 other deer are excluded from the enclosure. A fence that is
1 14 constructed on or after May 23, 2003, shall be at least eight
1 15 feet in height above ground level. The department of
1 16 agriculture and land stewardship may require that the fence is
1 17 inspected and approved prior to certification. The department
1 18 of natural resources may periodically inspect the fence
1 19 according to appointment with the enclosure's landowner.
1 20 EXPLANATION
1 21 During the 2003 legislative session the General Assembly
1 22 passed House File 624 (2003 Acts, chapter 149) regulating farm
1 23 deer, including whitetail deer. The bill effectively
1 24 transferred regulatory authority from the department of
1 25 natural resources under Code chapter 484 (which supervises
1 26 hunting preserves) to the department of agriculture and land
1 27 stewardship under new Code chapter 170. That Code chapter
1 28 does not currently establish minimum acreage restrictions.
1 29 The department's administrative rules provide that an
1 30 enclosure must include at least 320 contiguous acres. This
1 31 bill expressly provides that there is no minimum acreage
1 32 requirement.
1 33 LSB 5675HH 80
1 34 da/cf/24.2
1 35