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.TheA 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