House File 490 - Introduced
HOUSE FILE
BY MERTZ
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 2027YH 81
4 da/pj/5
PAG LIN
1 1 Section 1. Section 170.3, subsection 1, Code 2005, is
1 2 amended to read as follows:
1 3 1. Farm deer are livestock as provided in this title and
1 4 are principally subject to regulation by the department of
1 5 agriculture and land stewardship, and also the department of
1 6 natural resources as specifically provided in this chapter.
1 7 The regulations adopted by the department of agriculture and
1 8 land stewardship may include but are not limited to providing
1 9 for the importation, transportation, and disease control of
1 10 farm deer. The department of agriculture and land stewardship
1 11 and the department of natural resources shall not require that
1 12 the landowner be issued a license or permit for keeping farm
1 13 deer or. The department of natural resources shall not
1 14 require that the landowner be issued a certificate for the
1 15 construction of a fence for keeping farm deer.
1 16 Sec. 2. Section 170.4, Code 2005, is amended to read as
1 17 follows:
1 18 170.4 REQUIREMENTS FOR KEEPING WHITETAIL == FENCE
1 19 CERTIFICATION.
1 20 1. A landowner shall not keep whitetail as farm deer,
1 21 unless the whitetail is kept on land of any number of acres
1 22 which is enclosed by a fence. The fence must be constructed
1 23 and maintained as prescribed by rules adopted by the
1 24 department. A landowner shall not keep the whitetail unless
1 25 the fence is certified in a manner and according to procedures
1 26 required by the department. The fence shall be constructed
1 27 and maintained to ensure that whitetail are kept in the
1 28 enclosure and that other deer are excluded from the enclosure.
1 29 A fence that is constructed on or after May 23, 2003, shall be
1 30 at least eight feet in height above ground level. The
1 31 department of agriculture and land stewardship may require
1 32 that the fence is inspected and approved prior to
1 33 certification. The department of natural resources may
1 34 periodically inspect the fence according to appointment with
1 35 the enclosure's landowner.
2 1 2. Any person may take farm deer which are kept within a
2 2 certified fence, subject to the consent of the landowner. The
2 3 department of agriculture and land stewardship shall not
2 4 regulate the taking of farm deer unless the regulation is to
2 5 prevent the outbreak of a transmissible disease including but
2 6 not limited to chronic wasting disease.
2 7 EXPLANATION
2 8 This bill provides for the regulation of farm deer,
2 9 including animals belonging to the cervidae family commonly
2 10 referred to as fallow deer, red deer, elk, sika, whitetail,
2 11 and mule deer. These types of cervidae are considered
2 12 livestock under a number of provisions throughout the Code,
2 13 and are generally excluded from provisions referring to game
2 14 in Code chapters administered by the department of natural
2 15 resources (DNR), including those chapters providing for
2 16 wildlife conservation and hunting regulations (see Code
2 17 section 481A.1). The department of agriculture and land
2 18 stewardship (DALS) has regulatory jurisdiction over these
2 19 types of animals under Code chapter 170. Code section 170.4
2 20 provides that a landowner cannot keep whitetail as farm deer
2 21 unless the whitetail are kept on land enclosed by a fence
2 22 which is constructed and maintained according to rules adopted
2 23 by DALS.
2 24 The bill prohibits DALS from requiring that a landowner be
2 25 issued a license to keep farm deer. It prohibits DNR from
2 26 requiring that a landowner be issued a certificate for the
2 27 construction of a fence to keep farm deer. The bill expressly
2 28 provides that a landowner may enclose any number of acres to
2 29 keep whitetail. It provides that any person may take farm
2 30 deer kept within a certified fence, subject to the landowner's
2 31 consent. Finally, the bill prohibits DALS from regulating the
2 32 taking of farm deer unless the regulation is to prevent the
2 33 outbreak of a transmissible disease.
2 34 LSB 2027YH 81
2 35 da/pj/5