Senate File 206 - Introduced
SENATE FILE
BY COMMITTEE ON NATURAL RESOURCES
AND ENVIRONMENT
(SUCCESSOR TO SSB 1147)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to deer population management and providing
2 penalties and appropriations.
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. "Farm deer" means an animal belonging to the cervidae
1 4 family and classified as part of the dama species of the dama
1 5 genus, commonly referred to as fallow deer; part of the
1 6 elaphus species of the cervus genus, commonly referred to as
1 7 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 does not include any unmarked free=ranging elk, whitetail
1 13 deer, or mule deer, or whitetail deer on hunting preserves
1 14 regulated under chapter 484B.
1 15 Sec. 2. Section 483A.1, subsection 2, paragraph c, Code
1 16 2005, is amended to read as follows:
1 17 c. Hunting license, eighteen years of age or older
1 18 .................................................. $ 80.00
1 19 100.00
1 20 Sec. 3. Section 483A.1, subsection 2, paragraphs f through
1 21 u, Code 2005, are amended to read as follows:
1 22 f. Deer hunting license, antlerless deer only, required
1 23 with the purchase of an antlered or any sex deer hunting license
1 24 ................................................... $ 100.00
1 25 f. g. Deer hunting license, antlerless deer only
1 26 .................................................. $ 150.00
1 27 g. h. Wild turkey hunting license ........... $ 100.00
1 28 h. i. Fur harvester license ................. $ 200.00
1 29 i. j. Fur dealer license .................... $ 501.00
1 30 j. k. Location permit for fur dealers ....... $ 56.00
1 31 k. l. Aquaculture unit license .............. $ 56.00
1 32 l. m. Retail bait dealer license ............ $ 125.00
1 33 or the amount for the same type of license in
1 34 the nonresident's state, whichever is greater
1 35 m. n. Trout fishing fee ..................... $ 13.00
2 1 n. o. Game breeder license .................. $ 26.00
2 2 o. p. Taxidermy license ..................... $ 26.00
2 3 p. q. Falconry license ...................... $ 26.00
2 4 q. r. Wildlife habitat fee .................. $ 8.00
2 5 r. s. Migratory game bird fee ............... $ 8.00
2 6 s. t. Fishing license, three=day ............ $ 15.50
2 7 t. u. Wholesale bait dealer license ......... $ 250.00
2 8 or the amount for the same type of license in
2 9 the nonresident's state, whichever is greater
2 10 u. v. Fishing license, one=day .............. $ 8.50
2 11 Sec. 4. Section 483A.8, subsections 1, 3, and 6, Code
2 12 2005, are amended to read as follows:
2 13 1. A resident hunting deer who is required to have a
2 14 hunting license must have a resident hunting license in
2 15 addition to the deer hunting license and must pay the wildlife
2 16 habitat fee. In addition, a resident who purchases a deer
2 17 hunting license shall pay a one dollar fee that shall be used
2 18 and is appropriated for the purpose of assisting with the cost
2 19 of processing deer donated to the help us stop hunger program
2 20 administered by the commission.
2 21 3. a. A nonresident hunting deer is required to have a
2 22 nonresident hunting license and a nonresident deer license and
2 23 must pay the wildlife habitat fee. In addition, a nonresident
2 24 who purchases a deer hunting license shall pay a one dollar
2 25 fee that shall be used and is appropriated for the purpose of
2 26 assisting with the cost of processing deer donated to the help
2 27 us stop hunger program administered by the commission.
2 28 b. A nonresident who purchases an antlered or any sex deer
2 29 hunting license pursuant to section 483A.1, subsection 2,
2 30 paragraph "e", is required to purchase an antlerless deer only
2 31 deer hunting license at the same time, pursuant to section
2 32 483A.1, subsection 2, paragraph "f".
2 33 c. The commission shall annually limit to eight six
2 34 thousand five hundred licenses the number of nonresidents
2 35 allowed to have antlered or any sex deer hunting licenses. Of
3 1 the first six thousand nonresident antlered or any sex deer
3 2 licenses issued, not more than thirty=five percent of the
3 3 licenses shall be bow season licenses and, after. After the
3 4 first six thousand antlered or any sex nonresident deer
3 5 licenses have been issued, all additional licenses shall be
3 6 issued for antlerless deer only. The commission shall
3 7 annually determine the number of nonresident antlerless deer
3 8 only deer hunting licenses that will be available for
3 9 issuance.
3 10 d. The commission shall allocate the all nonresident deer
3 11 hunting licenses issued among the zones based on the
3 12 populations of deer. However, a nonresident applicant may
3 13 request one or more hunting zones, in order of preference, in
3 14 which the applicant wishes to hunt. If the request cannot be
3 15 fulfilled, the applicable fees shall be returned to the
3 16 applicant. A nonresident applying for a deer hunting license
3 17 must exhibit proof of having successfully completed a hunter
3 18 safety and ethics education program as provided in section
3 19 483A.27 or its equivalent as determined by the department
3 20 before the license is issued.
3 21 6. The commission shall provide by rule for the annual
3 22 issuance to a nonresident of a nonresident antlerless deer
3 23 hunting license that is valid for use only during the period
3 24 beginning on December 24, 2003, and ending at sunset on
3 25 January 2, 2004 of the following year, and costs fifty
3 26 dollars. A nonresident hunting deer with a license issued
3 27 under this subsection shall be otherwise qualified to hunt
3 28 deer in this state and shall have a nonresident hunting
3 29 license, and pay the wildlife habitat fee, and pay the one
3 30 dollar fee for the help us stop hunger program as provided in
3 31 subsection 3. Pursuant to this subsection, the commission
3 32 shall make available for issuance only the remaining
3 33 nonresident antlerless deer hunting licenses allocated under
3 34 subsection 3 that have not yet been issued for the 2003==2004
3 35 current year's nonresident antlerless deer hunting seasons.
4 1 Sec. 5. NEW SECTION. 483A.8A DEER HARVEST REPORTING
4 2 SYSTEM.
4 3 1. The commission shall provide, by rule, for the
4 4 establishment of a deer harvest reporting system for the
4 5 purpose of collecting information from deer hunters concerning
4 6 the deer population in this state. Each person who is issued
4 7 a deer hunting license in this state shall report such
4 8 information pursuant to this section as is required by the
4 9 commission by rule.
4 10 2. A resident deer hunter who violates this section shall
4 11 be assessed a ten dollar surcharge before that person is
4 12 issued another deer hunting license.
4 13 3. A nonresident deer hunter who violates this section
4 14 shall not be issued another deer hunting license for the next
4 15 year until after all other nonresident applications for deer
4 16 hunting licenses have been fulfilled and then only if such
4 17 licenses allocated remain available for issuance.
4 18 Sec. 6. Section 483A.24, subsection 2, paragraph a,
4 19 subparagraph (2), Code 2005, is amended to read as follows:
4 20 (2) "Farm unit" means all parcels of land which are
4 21 certified by the commission pursuant to rule as meeting all of
4 22 the following requirements:
4 23 (a) Are in tracts of ten acres or more, not necessarily
4 24 contiguous,.
4 25 (b) which are Are operated as a unit for agricultural
4 26 purposes and which are.
4 27 (c) Are under the lawful control of the owner or the
4 28 tenant.
4 29 The commission shall adopt rules establishing a procedure
4 30 for the certification of parcels of land as farm units for the
4 31 purposes of this subsection.
4 32 Sec. 7. Section 483A.24, subsection 2, paragraph b, Code
4 33 2005, is amended to read as follows:
4 34 b. Upon written application on forms furnished by the
4 35 department, the department shall issue annually without fee
5 1 one deer or one wild turkey license, or both, to the owner of
5 2 a farm unit or to a member of the owner's family, but not to
5 3 both, and to the tenant or to a member of the tenant's family,
5 4 but not to both. The deer hunting license or wild turkey
5 5 hunting license issued shall be valid only on the farm unit
5 6 for which an applicant qualifies pursuant to this subsection
5 7 and shall be equivalent to the least restrictive license
5 8 issued under section 481A.38. The owner or the tenant need
5 9 not reside on the farm unit to qualify for a free license to
5 10 hunt on that farm unit. A free deer hunting license issued
5 11 pursuant to this subsection shall be valid during all shotgun
5 12 deer seasons.
5 13 Sec. 8. Section 483A.24, subsection 2, Code 2005, is
5 14 amended by adding the following new paragraph:
5 15 NEW PARAGRAPH. c. Upon written application on forms
5 16 furnished by the department, the department shall issue
5 17 annually without fee two deer hunting licenses, one antlered
5 18 or any sex deer hunting license and one antlerless deer only
5 19 deer hunting license, to the owner of a farm unit or a member
5 20 of the owner's family, but only a total of two licenses for
5 21 both, and to the tenant of a farm unit or a member of the
5 22 tenant's family, but only a total of two licenses for both.
5 23 The deer hunting licenses issued shall be valid only for use
5 24 on the farm unit for which the applicant applies pursuant to
5 25 this paragraph. The owner or the tenant need not reside on
5 26 the farm unit to qualify for the free deer hunting licenses to
5 27 hunt on that farm unit. The free deer hunting licenses issued
5 28 pursuant to this paragraph shall be valid and may be used
5 29 during any shotgun deer season. The licenses may be used to
5 30 harvest deer in two different seasons. In addition, a person
5 31 who receives a free deer hunting license pursuant to this
5 32 paragraph shall pay a one dollar fee for each license that
5 33 shall be used and is appropriated for the purpose of assisting
5 34 with the cost of processing deer donated to the help us stop
5 35 hunger program administered by the commission.
6 1 Sec. 9. Section 483A.24, subsection 2, paragraphs c and d,
6 2 Code 2005, are amended to read as follows:
6 3 c. d. In addition to the free deer hunting license
6 4 licenses received pursuant to paragraph "c", an owner of a
6 5 farm unit or a member of the owner's family and the tenant or
6 6 a member of the tenant's family may purchase a deer hunting
6 7 license for any option offered to paying deer hunting
6 8 licensees. An owner of a farm unit or a member of the owner's
6 9 family and the tenant or a member of the tenant's family may
6 10 also purchase two additional antlerless deer hunting licenses
6 11 which are valid only on the farm unit for a fee of ten dollars
6 12 each.
6 13 d. e. If the commission establishes a deer hunting season
6 14 to occur in the first quarter of a calendar year that is
6 15 separate from a deer hunting season that continues from the
6 16 last quarter of the preceding calendar year, each owner and
6 17 each tenant of a farm unit located within a zone where a deer
6 18 hunting season is established, upon application, shall be
6 19 issued a free deer hunting license for each of the two
6 20 calendar quarters. Each license is valid only for hunting on
6 21 the farm unit of the owner and tenant.
6 22 Sec. 10. NEW SECTION. 483A.24B SPECIAL DEER HUNTS ==
6 23 INTENT == PENALTY.
6 24 It is the intent of the general assembly that the
6 25 department shall administer and enforce the administrative
6 26 rules concerning special deer hunts promulgated pursuant to
6 27 sections 481A.38 and 481A.39. A person violating such rules
6 28 is guilty of a simple misdemeanor punishable as a scheduled
6 29 violation as provided in section 483A.42.
6 30 Sec. 11. NEW SECTION. 483A.24C DEER DEPREDATION
6 31 MANAGEMENT AGREEMENTS == PERMITS.
6 32 It is the intent of the general assembly that the
6 33 department shall administer and enforce the administrative
6 34 rules concerning deer depredation that are contained in 571
6 35 IAC chapter 106.
7 1 EXPLANATION
7 2 This bill contains various provisions relating to
7 3 management of the deer population in this state.
7 4 Code section 170.1 is amended to provide that whitetail
7 5 deer on hunting preserves are not "farm deer" that are subject
7 6 to regulation by the department of agriculture and land
7 7 stewardship but are instead subject to regulation by the
7 8 department of natural resources.
7 9 Code section 483A.1 is amended to change the fee for a
7 10 nonresident adult hunting license from $80 to $100 and to
7 11 provide for the purchase of a nonresident antlerless deer only
7 12 hunting license for $100 when purchased with a nonresident
7 13 antlered or any sex deer hunting license.
7 14 Code section 483A.8, subsections 1 and 3, are amended to
7 15 provide that a resident or a nonresident who purchases a deer
7 16 hunting license must pay a one dollar fee that shall be used
7 17 and is appropriated for the purpose of assisting with the cost
7 18 of processing deer donated to the help us stop hunger program
7 19 administered by the natural resource commission.
7 20 Code section 483A.8, subsection 3, is also amended to
7 21 provide that a nonresident who purchases an antlered or any
7 22 sex deer hunting license pursuant to Code section 483A.1,
7 23 subsection 2, is required to purchase an antlerless deer only
7 24 deer hunting license at the same time for $100.
7 25 Code section 483A.8, subsection 3, is amended to provide
7 26 that the commission is limited to issuing 6,000 nonresident
7 27 antlered or any sex deer hunting licenses per year and that
7 28 after those licenses have been issued any additional licenses
7 29 issued shall be for antlerless deer only. The bill also
7 30 provides that the commission shall determine how many
7 31 antlerless deer only deer hunting licenses will be available
7 32 for issuance each year. The bill also provides that all
7 33 nonresident deer hunting licenses issued shall be allocated by
7 34 the commission among zones based on the populations of deer.
7 35 Code section 483A.8, subsection 6, is amended to allow the
8 1 commission to continue to provide by rule for the issuance of
8 2 nonresident deer hunting licenses for use only during the
8 3 period beginning on December 24 of each year and ending on
8 4 January 2 of the following year. The bill also provides that
8 5 a person who obtains such a license is required to pay the one
8 6 dollar fee for the help us stop hunger program as provided in
8 7 Code section 483A.8, subsection 3, as amended in the bill.
8 8 The bill contains new Code section 483A.8A which requires
8 9 the commission to establish, by rule, a deer harvest reporting
8 10 system for the purpose of collecting information from deer
8 11 hunters concerning the deer population in the state. Each
8 12 person who is issued a deer hunting license in this state is
8 13 required to report such information as the commission
8 14 requires. A resident deer hunter who violates the new Code
8 15 section shall be assessed a $10 surcharge before that person
8 16 is issued another deer hunting license. A nonresident deer
8 17 hunter who violates this section shall not be issued a deer
8 18 hunting license for the next year until all other nonresident
8 19 applications for such licenses have been fulfilled and then
8 20 only if allocated licenses are still available.
8 21 Code section 483A.24 is amended by changing the definition
8 22 of "farm unit" by requiring that parcels of land must be
8 23 certified by the commission, pursuant to rules establishing a
8 24 certification process, to be in tracts of 10 acres or more,
8 25 not necessarily contiguous, which are operated as a unit for
8 26 agricultural purposes and are under the lawful control of the
8 27 owner or the tenant. The commission is required to adopt
8 28 rules establishing a certification process.
8 29 Code section 483A.24 is also amended to provide that upon
8 30 written application, the department shall issue annually
8 31 without fee one antlered or any sex deer hunting license and
8 32 one antlerless deer only deer hunting license to the owner of
8 33 a farm unit or a member of the owner's family, but only a
8 34 total of two licenses for both, and to the tenant of a farm
8 35 unit or a member of the tenant's family, but only a total of
9 1 two licenses for both. A person who receives a free deer
9 2 hunting license pursuant to this provision is required to pay
9 3 a one dollar fee for the purpose of assisting with the cost of
9 4 processing deer donated to the help us stop hunger program.
9 5 The bill adds new Code section 483A.24B directing the
9 6 commission to administer and enforce administrative rules
9 7 allowing special season deer hunts for antlerless deer in
9 8 those counties where deer population management is necessary.
9 9 A person who violates this section is guilty of a simple
9 10 misdemeanor punishable as a scheduled violation with a fine of
9 11 $100.
9 12 The bill also adds new Code section 483A.24C providing that
9 13 it is the intent of the general assembly that the department
9 14 of natural resources shall administer and enforce the
9 15 administrative rules concerning deer depredation that are
9 16 contained in 571 IAC chapter 106.
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