House File 2523 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON NATURAL
                                           RESOURCES

                                       (SUCCESSOR TO HF 2052)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to deer depredation management, providing for a
  2    deer study advisory committee, and providing an effective
  3    date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5320HV 82
  6 av/nh/5

PAG LIN



  1  1    Section 1.  Section 481A.10A, Code 2007, is amended to read
  1  2 as follows:
  1  3    481A.10A  FARMER ADVISORY COMMITTEE.
  1  4    The director shall establish a farmer advisory committee
  1  5 for the purpose of providing information to the department
  1  6 regarding crop and tree damage caused by deer, wild turkey,
  1  7 and other predators.  Members of the committee shall include a
  1  8 representative designated by each of the following
  1  9 organizations:  the Iowa corn growers association, the Iowa
  1 10 farm bureau federation, the Iowa farmers union, the Iowa state
  1 11 horticulture society, the Iowa Christmas tree growers
  1 12 association, the department of agriculture and land
  1 13 stewardship, and the Iowa state university agricultural
  1 14 extension service.  The committee shall meet with a
  1 15 representative of the department of natural resources on a
  1 16 semiannual basis.  The committee shall serve without
  1 17 compensation or reimbursement for expenses.
  1 18    Sec. 2.  Section 481C.2, Code 2007, is amended to read as
  1 19 follows:
  1 20    481C.2  DUTIES.
  1 21    1.  The director of the department of natural resources
  1 22 shall enter into a memorandum of agreement with the United
  1 23 States department of agriculture, animal damage control
  1 24 division.  The wild animal depredation unit shall serve and
  1 25 act as the liaison to the department for the producers in the
  1 26 state who suffer crop and, horticultural product, tree, or
  1 27 nursery damage due to wild animals.
  1 28    2.  The department shall issue depredation permits to any
  1 29 landowner who incurs crop and, horticultural product, tree, or
  1 30 nursery damage of one thousand dollars or more due to wild
  1 31 animals.
  1 32    3.  The criteria for issuing depredation licenses and
  1 33 permits shall be established in administrative rules in
  1 34 consultation with the farmer advisory committee created in
  1 35 section 481A.10A.  The administrative rules adopted pursuant
  2  1 to this section shall not require a producer to erect or
  2  2 maintain fencing at a cost exceeding one thousand dollars as a
  2  3 requisite for receiving a depredation license or permit or for
  2  4 participation in a depredation plan.
  2  5    Sec. 3.  NEW SECTION.  481C.2A  DEER DEPREDATION MANAGEMENT
  2  6 PROGRAM == LICENSES AND PERMITS.
  2  7    1.  Deer depredation licenses shall be available for
  2  8 issuance as follows:
  2  9    a.  Deer depredation licenses shall be available for
  2 10 issuance to resident hunters.
  2 11    b.  Depredation licenses issued pursuant to this subsection
  2 12 shall be valid to harvest antlerless deer only.  Depredation
  2 13 licenses that are issued to a landowner and family members as
  2 14 defined in section 483A.24 shall be in addition to the number
  2 15 of free licenses that are available for issuance to such
  2 16 persons under section 483A.24.  A landowner or a family member
  2 17 may obtain one free depredation license for each deer hunting
  2 18 season that is established by the commission.  Deer may be
  2 19 harvested with a rifle pursuant to a depredation license in
  2 20 any area and in any season where the commission authorizes the
  2 21 use of rifles.
  2 22    c.  Licenses issued pursuant to this subsection may be
  2 23 issued at any time to a resident hunter who has permission to
  2 24 hunt on the land for which the license is valid pursuant to
  2 25 this subsection.
  2 26    d.  A producer who enters into a depredation agreement with
  2 27 the department of natural resources shall be issued a set of
  2 28 authorization numbers.  Each authorization number authorizes a
  2 29 resident hunter to obtain a depredation license that is valid
  2 30 only for taking antlerless deer on the land designated in the
  2 31 producer's depredation plan.  A producer may transfer an
  2 32 authorization number issued to that producer to a resident
  2 33 hunter who has permission to hunt on the land for which the
  2 34 authorization number is valid.  An authorization number shall
  2 35 be valid to obtain a depredation license in any season.  The
  3  1 provisions of this paragraph shall be implemented by August
  3  2 15, 2008.  A transferee who receives an authorization number
  3  3 pursuant to this paragraph "d" shall be otherwise qualified to
  3  4 hunt deer in this state, have a hunting license, pay the
  3  5 wildlife habitat fee, and pay the one dollar fee for the
  3  6 purpose of the deer herd population management program.
  3  7    2.  Deer shooting permits shall be available for issuance
  3  8 as follows:
  3  9    a.  Deer shooting permits shall be available for issuance
  3 10 to landowners who incur crop, horticultural product, tree, or
  3 11 nursery damage as provided in section 481C.2 and shall be
  3 12 available for issuance for use on areas where public safety
  3 13 may be an issue.
  3 14    b.  Deer shooting permits issued pursuant to this
  3 15 subsection shall be valid and may be used outside of
  3 16 established deer hunting seasons.
  3 17    3.  Notwithstanding section 481C.2, subsection 3, a
  3 18 producer shall not be required to erect or maintain fencing as
  3 19 a requisite for receiving a deer depredation permit or for
  3 20 participation in a deer depredation plan pursuant to this
  3 21 section.
  3 22    4.  A person who harvests a deer with a deer depredation
  3 23 license or a deer shooting permit issued pursuant to this
  3 24 section shall utilize the deer harvest reporting system set
  3 25 forth in section 483A.8A and shall not be subject to different
  3 26 disposal or reporting requirements than are applicable to the
  3 27 harvest of deer pursuant to other deer hunting licenses except
  3 28 that any antlers on a deer taken pursuant to a shooting permit
  3 29 shall be delivered to the local conservation officer for
  3 30 disposal.
  3 31    5.  The department shall administer and enforce the
  3 32 administrative rules concerning deer depredation, including
  3 33 issuance of deer depredation licenses and deer shooting
  3 34 permits, that are established by the commission.
  3 35    6.  The department shall make educational materials that
  4  1 explain the deer depredation management program available to
  4  2 the general public, and available specifically to farmers and
  4  3 farm and commodity organizations, in both electronic and
  4  4 brochure formats by June 30, 2008.
  4  5    7.  The department shall conduct outreach programs for
  4  6 farmers and farm and commodity organizations that explain the
  4  7 deer depredation management program.  The department shall
  4  8 develop, by rule, a master hunter program and maintain a list
  4  9 of master hunters who are available to assist producers in the
  4 10 deer depredation management program by increasing the harvest
  4 11 of anterless deer on the producer's property.
  4 12    Sec. 4.  DEER STUDY ADVISORY COMMITTEE.  A deer study
  4 13 advisory committee is established for the purpose of studying
  4 14 the best way to maintain a sustainable, socially acceptable
  4 15 deer population in the state while maximizing and balancing
  4 16 the economic value of deer hunting to Iowa's economy with the
  4 17 needs of the agricultural industry and public safety concerns.
  4 18    1.  The advisory committee shall be composed of the
  4 19 following members:
  4 20    a.  One representative from each of the following
  4 21 organizations or entities, to be appointed by the governor:
  4 22    (1)  Iowa association of county conservation boards.
  4 23    (2)  Iowa farm bureau federation.
  4 24    (3)  Iowa farmers union.
  4 25    (4)  Iowa conservation alliance.
  4 26    (5)  Iowa bow hunters association.
  4 27    (6)  Whitetails unlimited.
  4 28    (7)  Iowa hospitality association.
  4 29    (8)  Iowa restaurant association.
  4 30    (9)  Iowa meat processors association.
  4 31    (10)  Iowa league of cities.
  4 32    (11)  The department of transportation.
  4 33    (12)  Iowa woodland owners association.
  4 34    (13)  Federation of Iowa insurers.
  4 35    (14)  Iowa realtors association.
  5  1    (15)  Iowa chapter of the sierra club.
  5  2    (16)  Iowa environmental council.
  5  3    b.  The director of the department of natural resources or
  5  4 a designee.
  5  5    c.  The secretary of agriculture or a designee.
  5  6    d.  The director of the department of economic development
  5  7 or a designee.
  5  8    e.  Two members of the senate, one of whom is appointed by
  5  9 the majority leader of the senate and one of whom is appointed
  5 10 by the minority leader of the senate.
  5 11    f.  Two members of the house of representatives, one of
  5 12 whom is appointed by the speaker of the house of
  5 13 representatives and one of whom is appointed by the minority
  5 14 leader of the house of representatives.
  5 15    2.  The director of the department of natural resources or
  5 16 the director's designee shall serve as the chairperson of the
  5 17 advisory committee.
  5 18    3.  Legislative members of the committee are eligible for
  5 19 per diem and reimbursement of actual expenses as provided in
  5 20 section 2.10.
  5 21    4.  The committee shall review, analyze, and make
  5 22 recommendations on issues relating to the state's deer
  5 23 population including but not limited to the following:
  5 24    a.  The current status of Iowa's deer population, harvest,
  5 25 and population management programs.
  5 26    b.  The economic impact and value of Iowa's deer
  5 27 population.
  5 28    c.  The cost of damage to crops caused by deer.
  5 29    d.  The number and cost of motor vehicle accidents caused
  5 30 by deer.
  5 31    e.  A review of the deer management challenges and programs
  5 32 of other midwestern states.
  5 33    f.  An assessment of public opinion concerning the number
  5 34 of deer, and the impact and value of Iowa's deer population.
  5 35    5.  The advisory committee shall complete its deliberations
  6  1 in December 2008 and submit a final report to the governor and
  6  2 the general assembly summarizing the committee's activities,
  6  3 analyzing the issues studied, and including any other
  6  4 information or recommendations that the committee deems
  6  5 relevant and necessary by January 10, 2009.
  6  6    Sec. 5.  Section 483A.24C, Code 2007, is repealed.
  6  7    Sec. 6.  EFFECTIVE DATE.  This Act, being deemed of
  6  8 immediate importance, takes effect upon enactment.
  6  9                           EXPLANATION
  6 10    This bill relates to the deer depredation management
  6 11 program and provides for a deer study advisory committee.
  6 12    The bill specifies that the farmer advisory committee that
  6 13 provides information to the department of natural resources
  6 14 (DNR) regarding crop and tree damage caused by deer, wild
  6 15 turkey, and other predators must include representatives of
  6 16 specified organizations.
  6 17    The bill expands the scope of the wild animal depredation
  6 18 unit of the DNR to include horticultural product and tree
  6 19 damage as well as crop and nursery damage.  The bill
  6 20 establishes the deer depredation management program and
  6 21 requires the DNR to issue deer depredation licenses and
  6 22 shooting permits.
  6 23    Deer depredation licenses are available for issuance to
  6 24 resident hunters to shoot antlerless deer on the land
  6 25 designated in the producer's depredation plan during any
  6 26 established deer hunting season.  Such licenses are in
  6 27 addition to free licenses that are available to landowners and
  6 28 family members under Code section 483A.24.  A producer who
  6 29 enters into a depredation agreement with the DNR will be
  6 30 issued a set of authorization numbers.  Each number authorizes
  6 31 a resident hunter to obtain one depredation license.  A
  6 32 producer may transfer such an authorization number to any
  6 33 resident hunter who is otherwise qualified to hunt, has a
  6 34 hunting license, and has paid the wildlife habitat fee and the
  6 35 deer herd population management program fee.  This program
  7  1 must be implemented by August 15, 2008.
  7  2    The bill also requires the DNR to issue deer shooting
  7  3 permits to landowners who incur crop, horticultural product,
  7  4 tree, or nursery damage or for use on areas where public
  7  5 safety may be an issue.  Deer shooting permits are valid for
  7  6 use outside of established deer hunting seasons to harvest
  7  7 antlerless or any sex deer.
  7  8    Deer harvested pursuant to deer depredation licenses or
  7  9 deer shooting permits must be reported using the harvest
  7 10 reporting system set forth in Code section 483A.8A and shall
  7 11 not be subject to different disposal or reporting requirements
  7 12 than are applicable to the harvest of deer pursuant to other
  7 13 deer hunting licenses except that antlers on a deer taken with
  7 14 a shooting permit must be delivered to the local conservation
  7 15 officer for disposal.
  7 16    The DNR is required to make educational materials available
  7 17 explaining the deer depredation management program to the
  7 18 general public and specifically to farmers and farm and
  7 19 commodity organizations, in both electronic and brochure
  7 20 formats by June 30, 2008.  The DNR is required to conduct
  7 21 outreach programs for farmers and farm and commodity
  7 22 organizations to explain the depredation program.  The DNR is
  7 23 also required to develop a master hunter program and maintain
  7 24 a list of master hunters who are available to assist producers
  7 25 in the deer depredation management program by increasing the
  7 26 harvest of antlerless deer on the producer's property.
  7 27    The bill establishes a deer study advisory committee to
  7 28 study the best way to maintain a sustainable, socially
  7 29 acceptable deer population in the state while maximizing and
  7 30 balancing the economic value of deer hunting to Iowa's economy
  7 31 with the needs of the agricultural industry and public safety
  7 32 concerns.  The bill specifies that the committee shall be
  7 33 composed of representatives from specified organizations and
  7 34 entities, the director of the DNR or a designee, the secretary
  7 35 of agriculture or a designee, and six legislators.  The
  8  1 committee is required to complete its deliberations in
  8  2 December 2008 and submit a final report to the governor and
  8  3 the general assembly summarizing the committee's activities,
  8  4 analyzing the issues studied, and include any other
  8  5 information or recommendations by January 10, 2009.
  8  6    The bill is effective upon enactment.
  8  7 LSB 5320HV 82
  8  8 av/nh/5