House File 759 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON AGRICULTURE

                                       (SUCCESSOR TO HF 490)


    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, and providing for
  2    fees and the appropriation of the fees.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2027HV 81
  5 da/pj/5

PAG LIN



  1  1    Section 1.  Section 170.1, Code 2005, is amended by adding
  1  2 the following new subsections:
  1  3    NEW SUBSECTION.  3A.  "Escape cover" means plants which
  1  4 afford farm deer cover or camouflage including but not limited
  1  5 to timberland, woodland, woody brush, switch grass, canary
  1  6 reed grass, common cattail, or standing corn.
  1  7    NEW SUBSECTION.  7.  "Professional hunting ranch" means
  1  8 land where a landowner keeps farm deer as part of a business,
  1  9 if the business's purpose is to charge persons for the
  1 10 opportunity to hunt the farm deer as part of a recreational
  1 11 endeavor.
  1 12    Sec. 2.  Section 170.4, Code 2005, is amended to read as
  1 13 follows:
  1 14    170.4  REQUIREMENTS FOR KEEPING WHITETAIL == FENCE
  1 15 CERTIFICATION.
  1 16    1.  A landowner shall not keep whitetail as farm deer,
  1 17 unless the whitetail is kept on land which is enclosed by a
  1 18 fence.
  1 19    2.  If the land is part of a professional hunting ranch
  1 20 which keeps whitetail, the fence must enclose at least one
  1 21 hundred fifty contiguous acres.  However, the fence may
  1 22 enclose a lesser number of acres, if the enclosure includes
  1 23 any of the following:
  1 24    a.  At least one hundred contiguous acres, with fifty or
  1 25 more of those acres being predominately escape cover.
  1 26    b.  At least eighty contiguous acres being predominately
  1 27 escape cover and enclosed by a fence which was certified
  1 28 during a period beginning on May 23, 2003, and ending on June
  1 29 30, 2005.
  1 30    3.  The A fence must be constructed and maintained as
  1 31 prescribed by rules adopted by the department.  A landowner
  1 32 shall not keep the whitetail unless the fence is certified in
  1 33 a manner and according to procedures required by the
  1 34 department.  The fence shall be constructed and maintained to
  1 35 ensure that whitetail are kept in the enclosure and that other
  2  1 deer are excluded from the enclosure.  A fence that is
  2  2 constructed on or after May 23, 2003, shall be at least eight
  2  3 feet in height above ground level.  The department of
  2  4 agriculture and land stewardship may require that the fence is
  2  5 inspected and approved prior to certification.  The department
  2  6 of natural resources may periodically inspect the fence
  2  7 according to appointment with the enclosure's landowner.
  2  8    Sec. 3.  NEW SECTION.  170.6A  PROFESSIONAL HUNTING RANCH
  2  9 == WHITETAIL == COMPLIANCE FEE.
  2 10    A compliance fee is imposed on a landowner who keeps
  2 11 whitetail as farm deer as part of a professional hunting
  2 12 ranch.  The compliance fee shall be administered by the
  2 13 department.  The fee shall not exceed three hundred fifty
  2 14 dollars per fiscal year.  If on June 30, the balance of
  2 15 unencumbered and unobligated moneys in the compliance fund
  2 16 created pursuant to section 170.6B is fifty thousand dollars
  2 17 or more, the fee is waived for the following fiscal year.
  2 18    Sec. 4.  NEW SECTION.  170.6B  PROFESSIONAL HUNTING RANCH
  2 19 == WHITETAIL == COMPLIANCE FUND == APPROPRIATION.
  2 20    1.  A compliance fund is created in the state treasury
  2 21 under the control of the department.  The fund is composed of
  2 22 moneys appropriated by the general assembly and moneys
  2 23 available to and obtained or accepted by the department from
  2 24 the United States or private sources for placement in the
  2 25 compliance fund.  The compliance fund shall include all moneys
  2 26 collected from the imposition of compliance fees as provided
  2 27 in section 170.6A.
  2 28    2.  The moneys in the compliance fund are appropriated to
  2 29 the department for the exclusive purpose of administrating and
  2 30 enforcing requirements applicable to keeping whitetail as part
  2 31 of a professional hunting ranch, including but not limited to
  2 32 rules adopted under this chapter, the certification of fences
  2 33 pursuant to section 170.4, and carrying out disciplinary
  2 34 proceedings under section 170.6.
  2 35    3.  Section 8.33 shall not apply to moneys in the fund.
  3  1 Notwithstanding section 12C.7, moneys earned as income or
  3  2 interest from the fund shall remain in the fund until expended
  3  3 as provided in this section.
  3  4                           EXPLANATION
  3  5    This bill provides for the regulation of farm deer,
  3  6 including animals belonging to the cervidae family commonly
  3  7 referred to as fallow deer, red deer, elk, mule deer, sika,
  3  8 whitetail, and mule deer.  These types of cervidae are
  3  9 considered livestock under a number of provisions throughout
  3 10 the Code, and are generally excluded from provisions referring
  3 11 to game in Code chapters administered by the department of
  3 12 natural resources (DNR), including those chapters providing
  3 13 for wildlife conservation and hunting regulations (see Code
  3 14 section 481A.1).  The department of agriculture and land
  3 15 stewardship (DALS) has regulatory jurisdiction over these
  3 16 types of animals under Code chapter 170.  Code section 170.4
  3 17 provides that a landowner cannot keep whitetail as farm deer
  3 18 unless the whitetail are kept on land enclosed by a fence
  3 19 which is constructed and maintained according to rules adopted
  3 20 by DALS.
  3 21    The bill regulates how farm deer are kept by a business
  3 22 which offers persons the opportunity to hunt them.  The area
  3 23 is defined in the bill as a professional hunting ranch, and
  3 24 the bill specifically regulates for those professional hunting
  3 25 ranches which keep whitetail.  The bill provides that the
  3 26 certified fence must enclose at least 150 acres.  However,
  3 27 there are two exceptions and both require that the land
  3 28 include escape cover such as timber or woody plants and may
  3 29 include standing corn.  First, a professional hunting ranch
  3 30 may have a minimum of 100 contiguous acres so long as at least
  3 31 50 of those acres include escape cover.  Second, the
  3 32 professional hunting ranch may have a minimum of 80 acres if
  3 33 the land is predominately escape cover and enclosed by a fence
  3 34 which was certified by the department between May 23, 2003,
  3 35 and June 30, 2005.
  4  1    The bill imposes a $350 compliance fee on landowners who
  4  2 keep whitetail as part of a professional hunting ranch.  The
  4  3 moneys are required to be deposited into a compliance fund
  4  4 under the control of DALS.  Moneys in the compliance fund are
  4  5 appropriated to DALS for the purpose of regulating
  4  6 professional hunting ranches which keep whitetail.  The moneys
  4  7 do not revert to the general fund and the fund retains
  4  8 interest earned on the moneys.  The compliance fee is imposed
  4  9 on a fiscal year basis beginning on July 1 and ending on June
  4 10 30.  If at the end of a fiscal year there is $50,000 or more
  4 11 in the fund, the fee for the next fiscal year is waived.
  4 12 LSB 2027HV 81
  4 13 da:rj/pj/5