House File 874 - Introduced
HOUSE FILE
BY COMMITTEE ON WAYS AND MEANS
(SUCCESSOR TO HF 759)
(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 regulation of whitetail, and providing for
2 fees and penalties.
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, subsection 4, Code 2005, is
1 2 amended to read as follows:
1 3 4. a. "Farm deer" means an animal belonging to the
1 4 cervidae family and classified as part of the dama species of
1 5 the dama genus, commonly referred to as fallow deer; part of
1 6 the elaphus species of the cervus genus, commonly referred to
1 7 as red deer or elk; part of the virginianus species of the
1 8 odocoileus genus, commonly referred to as whitetail; part of
1 9 the hemionus species of the odocoileus genus, commonly
1 10 referred to as mule deer; or part of the nippon species of the
1 11 cervus genus, commonly referred to as sika. However, a farm
1 12 deer
1 13 b. "Farm deer" does not include any unmarked free=ranging
1 14 elk, whitetail, or mule deer. "Farm deer" also does not
1 15 include confined whitetail which are kept on a hunting ranch
1 16 or shooting preserve as provided in chapter 484C.
1 17 Sec. 2. NEW SECTION. 170.1A APPLICATION OF CHAPTER.
1 18 1. A landowner shall not keep whitetail unless the
1 19 whitetail are kept as farm deer under this chapter or kept as
1 20 confined whitetail on a hunting ranch or shooting preserve
1 21 pursuant to chapter 484C.
1 22 2. This chapter authorizes the department to regulate
1 23 whitetail kept as farm deer. However, confined whitetail kept
1 24 on a hunting ranch or shooting preserve pursuant to chapter
1 25 484C shall be regulated by the department of natural
1 26 resources.
1 27 Sec. 3. Section 484B.3, Code 2005, is amended to read as
1 28 follows:
1 29 484B.3 AUTHORITY OF THE DIRECTOR.
1 30 1. The director shall develop, administer, and enforce
1 31 hunting preserve programs and requirements within the state
1 32 which implement the provisions of this chapter and the rules
1 33 adopted by the commission pursuant to this chapter.
1 34 2. The chapter does not apply to keeping farm deer as
1 35 defined in section 170.1 as regulated by the department of
2 1 agriculture and land stewardship pursuant to chapter 170 or
2 2 confined whitetail kept on a hunting ranch or shooting
2 3 preserve as regulated by the department of natural resources
2 4 pursuant to chapter 484C.
2 5 Sec. 4. NEW SECTION. 484C.1 DEFINITIONS.
2 6 As used in this chapter, unless the context otherwise
2 7 requires:
2 8 1. "Confined whitetail" means whitetail kept on a hunting
2 9 ranch or shooting preserve.
2 10 2. "Department" means the department of natural resources.
2 11 3. "Escape cover" means plants which afford confined
2 12 whitetail cover or camouflage including but not limited to
2 13 timberland, woodland, woody brush, switch grass, common
2 14 cattail, standing corn, or additional types of cover approved
2 15 by the department.
2 16 4. "Fence" means a boundary fence which encloses confined
2 17 whitetail within a landowner's property as required to be
2 18 constructed and maintained pursuant to this chapter.
2 19 5. "Hunting ranch" or "shooting preserve" means land where
2 20 a landowner keeps confined whitetail as part of a business, if
2 21 the business's purpose is to charge persons for the
2 22 opportunity to hunt the confined whitetail as part of a
2 23 recreational endeavor.
2 24 6. "Landowner" means a person who holds an interest in
2 25 land, including a titleholder.
2 26 7. "Whitetail" means an animal belonging to the cervidae
2 27 family and classified as part of the virginianus species of
2 28 the odocoileus genus.
2 29 Sec. 5. NEW SECTION. 484C.2 APPLICATION OF CHAPTER.
2 30 1. A landowner shall not keep whitetail unless the
2 31 whitetail are kept as confined whitetail pursuant to this
2 32 chapter or as farm deer pursuant to chapter 170.
2 33 2. This chapter authorizes the department to regulate
2 34 confined whitetail. However, whitetail kept as farm deer
2 35 pursuant to chapter 170 shall be regulated by the department
3 1 of agriculture and land stewardship.
3 2 Sec. 6. NEW SECTION. 484C.3 FENCING == MINIMUM ENCLOSED
3 3 ACREAGE.
3 4 A hunting ranch or shooting preserve must include at least
3 5 three hundred twenty contiguous acres which are enclosed by a
3 6 fence certified pursuant to section 484C.4. However, the
3 7 hunting ranch or shooting preserve may include a fewer number
3 8 of enclosed acres if any of the following applies:
3 9 1. The hunting ranch or shooting preserve includes at
3 10 least one hundred sixty contiguous acres and eighty of those
3 11 acres are predominately escape cover.
3 12 2. The hunting ranch or shooting preserve was operated as
3 13 a business on January 1, 2005. If the business was operating
3 14 on that date, the landowner or the landowner's successor in
3 15 interest may sell or otherwise transfer ownership of the
3 16 hunting ranch or shooting preserve to another person who may
3 17 continue to operate the business in the same manner as the
3 18 landowner. However, this subsection shall not apply if the
3 19 owner of the business or any successor in interest fails to
3 20 register with the department as provided in section 484C.5 for
3 21 three or more consecutive years.
3 22 Sec. 7. NEW SECTION. 484C.4 FENCING == CERTIFICATION.
3 23 A fence required to enclose confined whitetail under
3 24 section 484C.3 must be constructed and maintained as
3 25 prescribed by rules adopted by the department and certified by
3 26 the department. The fence shall be constructed and maintained
3 27 to ensure that the confined whitetail are kept in the
3 28 enclosure. A fence that was certified by the department of
3 29 agriculture and land stewardship pursuant to chapter 170 prior
3 30 to the effective date of this Act shall be certified by the
3 31 department of natural resources. A fence shall be at least
3 32 eight feet in height above ground level. The department may
3 33 require that the fence be inspected and approved by the
3 34 department prior to certification. The department may
3 35 periodically inspect the fence according to appointment with
4 1 the landowner.
4 2 Sec. 8. NEW SECTION. 484C.5 REGISTRATION AND FEE.
4 3 A landowner who keeps confined whitetail shall annually
4 4 register the landowner's hunting ranch or shooting preserve
4 5 with the department. The landowner shall pay the department a
4 6 registration fee. The amount of the registration fee shall
4 7 not exceed three hundred fifty dollars per fiscal year. The
4 8 fees shall be deposited into the general fund of the state.
4 9 Sec. 9. NEW SECTION. 484C.6 PENALTIES.
4 10 1. A landowner who keeps confined whitetail and who fails
4 11 to register with the department as required in section 484C.5
4 12 is subject to a civil penalty of not more than two thousand
4 13 five hundred dollars. Such civil penalties shall be deposited
4 14 in the state fish and game protection fund.
4 15 2. The department may suspend or revoke a certification
4 16 issued pursuant to section 484C.4 if the department determines
4 17 that a landowner has done any of the following:
4 18 a. Provided false information to the department in an
4 19 application for certification pursuant to section 484C.4.
4 20 b. Failed to provide access to the department for an
4 21 inspection as required by section 484C.4.
4 22 c. Failed to maintain a fence enclosing the land where
4 23 confined whitetail are kept as required by this chapter. The
4 24 department shall not suspend or revoke a certification, if the
4 25 landowner remedies each item as provided in a notice of
4 26 deficiency delivered to the landowner by the department. The
4 27 remedies shall be completed within sixty days from receipt of
4 28 the notice. The notice shall be hand delivered or sent by
4 29 certified mail.
4 30 Sec. 10. DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
4 31 AND DEPARTMENT OF NATURAL RESOURCES == JOINT STUDY AND
4 32 RECOMMENDATIONS.
4 33 1. The department of agriculture and land stewardship and
4 34 the department of natural resources shall conduct a joint
4 35 study to consider issues relating to keeping of farm deer and
5 1 keeping confined whitetail as part of a hunting ranch or
5 2 shooting preserve. As part of the study, the departments
5 3 shall consider all of the following:
5 4 a. The fair and effective regulation of farm deer and
5 5 confined whitetail by the departments.
5 6 b. Threats to farm deer and confined whitetail caused by
5 7 potential outbreaks of infectious diseases including but not
5 8 limited to chronic wasting disease, and methods to cooperate
5 9 in monitoring and controlling infectious diseases and
5 10 obtaining federal moneys necessary to provide for the
5 11 prevention and suppression of infectious diseases.
5 12 2. The departments shall jointly report the results of the
5 13 study, including findings and recommendations, to the
5 14 government oversight committees by November 2005 as required
5 15 by that committee.
5 16 EXPLANATION
5 17 This bill provides for the regulation of whitetail
5 18 classified as a type of farm deer which are kept in fenced
5 19 enclosures as regulated by the department of agriculture and
5 20 land stewardship (DALS) under Code chapter 170. Farm deer are
5 21 considered livestock under a number of provisions throughout
5 22 the Code, and are generally excluded from provisions referring
5 23 to game in Code chapters administered by the department of
5 24 natural resources (DNR), including provisions under Code
5 25 chapter 484B which provide for the regulation of hunting
5 26 preserves.
5 27 The bill restores DNR authority over areas where whitetail
5 28 are kept for purposes of hunting and shooting (referred to as
5 29 a "hunting ranch" or "shooting preserve"). Whitetail which
5 30 are kept in these areas are referred to as "confined
5 31 whitetail". DALS retains authority over areas where whitetail
5 32 are kept for other purposes such as breeding or slaughtering.
5 33 The bill provides that a hunting ranch or shooting preserve
5 34 must include 320 contiguous acres with certain exceptions.
5 35 The area may contain as few as 160 contiguous acres if at
6 1 least 80 acres are predominately escape cover (e.g., wooded)
6 2 or the area was operated as a business on January 1, 2005,
6 3 regardless of acreage.
6 4 The bill requires DNR to certify fences where confined
6 5 whitetail are kept and requires DNR to certify those fences
6 6 that were certified by DALS prior to the effective date of
6 7 this bill. The provisions regarding certification are based
6 8 on similar provisions in Code chapter 170. The bill requires
6 9 that a person operating a hunting ranch or shooting preserve
6 10 must register with DNR and pay an annual registration fee.
6 11 The bill provides for penalties. A landowner who fails to
6 12 register is subject to a civil penalty. DNR may also suspend
6 13 or revoke a certification for a number of causes, including
6 14 failure to maintain a fence.
6 15 The bill provides that DALS and DNR are required to conduct
6 16 a joint study which considers issues affecting the keeping of
6 17 whitetail as farm deer and confined whitetail, including
6 18 regulation and disease control. The department must jointly
6 19 report the results of the study to the government oversight
6 20 committees by November 2005.
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