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:
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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.
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