House File 159 - Introduced
HOUSE FILE
BY WHITAKER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to hunting including nonresident turkey and deer
2 hunting licenses, the help us stop hunger program,
3 registration of hunting guides and outfitters, deer management
4 plans, providing for fees and penalties, and making an
5 appropriation.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
7 TLSB 1542HH 81
8 av/gg/14
PAG LIN
1 1 Section 1. Section 483A.7, subsection 3, Code 2005, is
1 2 amended to read as follows:
1 3 3. A nonresident wild turkey hunter is required to have a
1 4 nonresident hunting license and a nonresident wild turkey
1 5 hunting license and pay the wildlife habitat fee. The
1 6 commission shall annually limit to two three thousand three
1 7 hundred licenses the number of nonresidents allowed to have
1 8 wild turkey hunting licenses. Of the two three thousand three
1 9 hundred licenses, one hundred fifty licenses shall be valid
1 10 for hunting with muzzle loading shotguns only. The commission
1 11 shall allocate the nonresident wild turkey hunting licenses
1 12 issued among the zones based on the populations of wild
1 13 turkey. A nonresident applying for a wild turkey hunting
1 14 license must exhibit proof of having successfully completed a
1 15 hunter safety and ethics education program as provided in
1 16 section 483A.27 or its equivalent as determined by the
1 17 department before the license is issued.
1 18 Sec. 2. Section 483A.8, subsections 2 and 3, Code 2005,
1 19 are amended to read as follows:
1 20 2. a. The deer hunting license for residents shall be
1 21 accompanied by a tag designed to be used only once. When a
1 22 deer is taken, the deer shall be tagged and the tag shall be
1 23 dated.
1 24 b. The deer hunting license for nonresidents shall be
1 25 accompanied by two tags and each tag shall be used only once.
1 26 The first tag shall be used to take an antlerless deer and the
1 27 second tag may be used after the first tag has been used, to
1 28 take either an antlered deer or an antlerless deer. When a
1 29 deer is taken, the deer shall be tagged and the time and date
1 30 of taking shall be written on the tag.
1 31 3. A nonresident hunting deer is required to have a
1 32 nonresident hunting license and a nonresident deer license and
1 33 must pay the wildlife habitat fee. The commission shall
1 34 annually limit to eight ten thousand five hundred licenses the
1 35 number of nonresidents allowed to have deer hunting licenses.
2 1 Of the first six eight thousand nonresident deer licenses
2 2 issued, not more than thirty=five percent of the licenses
2 3 shall be bow season licenses and, after the first six eight
2 4 thousand nonresident deer licenses have been issued, all
2 5 additional licenses shall be issued for antlerless deer only.
2 6 The commission shall allocate the nonresident deer hunting
2 7 licenses issued among the zones based on the populations of
2 8 deer. However, a nonresident applicant may request one or
2 9 more hunting zones, in order of preference, in which the
2 10 applicant wishes to hunt. If the request cannot be fulfilled,
2 11 the applicable fees shall be returned to the applicant. A
2 12 nonresident applying for a deer hunting license must exhibit
2 13 proof of having successfully completed a hunter safety and
2 14 ethics education program as provided in section 483A.27 or its
2 15 equivalent as determined by the department before the license
2 16 is issued.
2 17 Sec. 3. NEW SECTION. 483A.8A HELP US STOP HUNGER PROGRAM
2 18 FEE.
2 19 A nonresident hunting deer who obtains an any sex deer
2 20 hunting license pursuant to section 483A.8, subsection 3,
2 21 shall not hunt deer unless the person has paid the help us
2 22 stop hunger program fee of fifty dollars. The proceeds from
2 23 the fee are appropriated for the exclusive use of assisting
2 24 with the cost of processing deer donated to the help us stop
2 25 hunger program administered by the commission.
2 26 Sec. 4. NEW SECTION. 483A.28 REGISTRATION OF HUNTING
2 27 OUTFITTERS OR HUNTING GUIDES == PENALTY.
2 28 1. A person shall not engage in or be employed for any
2 29 compensation in the business of a hunting outfitter or a
2 30 hunting guide in this state unless the person is registered as
2 31 a hunting outfitter or a hunting guide with the department.
2 32 The commission shall define, by rule, the activities that
2 33 constitute hunting outfitter activities or hunting guide
2 34 activities for the purposes of this section. The rules shall
2 35 require an applicant for registration to identify the location
3 1 and acreage to be hunted and the equipment and services to be
3 2 provided by the outfitter or the guide.
3 3 2. The commission shall establish, by rule, a conduct
3 4 board consisting of hunting outfitters and hunting guides
3 5 selected by the department, to compose standards of ethical
3 6 and professional conduct concerning hunting outfitters and
3 7 hunting guides and to review complaints and make
3 8 recommendations to the department for the revocation of
3 9 registrations of hunting outfitters and hunting guides who are
3 10 in violation of this section or the rules adopted pursuant to
3 11 this section.
3 12 3. The commission shall establish, by rule, the annual fee
3 13 for a hunting outfitter or hunting guide registration required
3 14 pursuant to this section. In determining an annual fee, the
3 15 commission shall consider the costs of providing for the
3 16 registration and administering and enforcing the provisions of
3 17 this section.
3 18 4. A violation of this section or the rules adopted
3 19 pursuant to this section is punishable as provided in section
3 20 483A.42.
3 21 5. This section does not apply to the activities of a
3 22 hunting outfitter or hunting guide that are conducted on a
3 23 hunting preserve pursuant to chapter 484B.
3 24 Sec. 5. NEW SECTION. 483A.29 DEER POPULATION MANAGEMENT
3 25 PLAN.
3 26 A person who holds an interest in land, including a
3 27 titleholder or tenant, and charges hunters a fee to hunt deer
3 28 on the land shall prepare and adhere to a deer population
3 29 management plan approved by the department. The primary
3 30 purpose of a deer population management plan is to manage deer
3 31 populations on land where deer hunting for a fee is allowed so
3 32 that damage by deer to agricultural crops on adjacent land is
3 33 minimized. The commission shall adopt rules prescribing the
3 34 format and content of such plans. This section does not apply
3 35 to licensed hunting preserves.
4 1 Sec. 6. Section 805.8B, subsection 3, paragraph b, Code
4 2 2005, is amended to read as follows:
4 3 b. For violations of sections 481A.54, 481A.69, 481A.71,
4 4 481A.72, 482.6, 483A.3, 483A.6, 483A.8A, 483A.19, and 483A.27,
4 5 the scheduled fine is twenty dollars.
4 6 EXPLANATION
4 7 This bill contains provisions relating to nonresident
4 8 turkey and deer hunting licenses, the natural resource
4 9 commission's help us stop hunger (HUSH) program, registration
4 10 of hunting guides and outfitters, and deer management plans.
4 11 The bill changes the number of nonresident turkey hunting
4 12 licenses available from 2,300 to 3,300. The bill also changes
4 13 the number of nonresident deer hunting licenses available from
4 14 8,500 to 10,500, of which 8,000, instead of 6,000, are any sex
4 15 deer hunting licenses.
4 16 The bill provides that a deer hunting license for
4 17 nonresidents shall be accompanied by two tags, each of which
4 18 shall only be used once. The bill provides that the first tag
4 19 shall be used to take an antlerless deer and that the second
4 20 tag may be used only after the first tag has been used, to
4 21 take either an antlered deer or an antlerless deer. The bill
4 22 provides that when a deer is taken, the deer shall be tagged
4 23 and the time and date of taking written on the tag.
4 24 The bill also provides that a nonresident hunting deer who
4 25 obtains an any sex deer hunting license pursuant to Code
4 26 section 483A.8A, subsection 3, is required to pay a HUSH
4 27 program fee of $50 in addition to purchasing a nonresident
4 28 hunting license, a nonresident deer license, and paying the
4 29 wildlife habitat fee.
4 30 The bill provides that the HUSH program fee is appropriated
4 31 for the exclusive use of assisting with the cost of processing
4 32 deer meat donated to the HUSH program administered by the
4 33 natural resource commission. A violation of this provision is
4 34 punishable by a scheduled fine of $20.
4 35 The bill provides for the registration of persons engaged
5 1 in the business of a hunting outfitter or hunting guide. The
5 2 natural resource commission is directed to define what
5 3 activities constitute hunting outfitter activities or hunting
5 4 guide activities and the department of natural resources is
5 5 directed to register hunting outfitters or hunting guides upon
5 6 application and payment of an annual fee determined by rule of
5 7 the natural resource commission. An applicant shall identify
5 8 the location and acreage to be hunted and the equipment and
5 9 services to be provided by the outfitter or the hunting guide.
5 10 The bill also requires the natural resource commission to
5 11 establish, by rule, a conduct board consisting of hunting
5 12 outfitters and hunting guides to compose standards of ethics
5 13 and conduct, to review complaints, and to make recommendations
5 14 concerning revocations of registrations of hunting outfitters
5 15 and hunting guides.
5 16 The bill does not apply to activities that are conducted on
5 17 a hunting preserve.
5 18 A violator is guilty of a simple misdemeanor and subject to
5 19 a scheduled fine of $100 for each offense.
5 20 New Code section 483A.29 requires a person who holds an
5 21 interest in land, including a titleholder or tenant, and who
5 22 charges hunters a fee to hunt deer on the land, to prepare and
5 23 adhere to a deer population management plan approved by the
5 24 department of natural resources. The primary purpose of a
5 25 deer population management plan is to manage deer populations
5 26 on land where deer hunting for a fee is allowed so that damage
5 27 by deer to agricultural crops on adjacent land is minimized.
5 28 The natural resource commission is directed to adopt rules
5 29 regarding the format and content of such plans. This new
5 30 provision does not apply to licensed hunting preserves.
5 31 LSB 1542HH 81
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