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