House File 390 - Introduced HOUSE FILE BY WINDSCHITL Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to hunting by certain nonresident landowners on 2 land owned by them. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1777YH 83 5 av/nh/8 PAG LIN 1 1 Section 1. Section 481C.2, Code 2009, is amended to read 1 2 as follows: 1 3 481C.2 DUTIES. 1 4 1. The director of the department of natural resources 1 5 shall enter into a memorandum of agreement with the United 1 6 States department of agriculture, animal damage control 1 7 division. The wild animal depredation unit shall serve and 1 8 act as the liaison to the department forthe producersowners 1 9 and tenants in the state, as defined in section 483A.24, who 1 10 suffer crop, horticultural product, tree, or nursery damage 1 11 due to wild animals. 1 12 2. The department shall issue depredation permits to any 1 13landownerowner or tenant, as defined in section 483A.24, who 1 14 incurs agricultural crop, horticultural product, tree, or 1 15 nursery damage of one thousand dollars or more due to wild 1 16 animals. 1 17 3. The criteria for issuing depredation licenses and 1 18 permits shall be established in administrative rules in 1 19 consultation with the farmer advisory committee created in 1 20 section 481A.10A. The administrative rules adopted pursuant 1 21 to this section shall not requirea produceran owner or 1 22 tenant to erect or maintain fencing at a cost exceeding one 1 23 thousand dollars as a requisite for receiving a depredation 1 24 license or permit or for participation in a depredation plan. 1 25 Sec. 2. Section 481C.2A, subsections 1, 2, 3, and 7, Code 1 26 2009, are amended to read as follows: 1 27 1. Deer depredation licenses shall be available for 1 28 issuance as follows: 1 29 a. Deer depredation licenses shall be available for 1 30 issuance to resident hunters and to owners and tenants or 1 31 family members of owners and tenants as defined in section 1 32 483A.24. 1 33 b. Depredation licenses issued pursuant to this subsection 1 34 shall be valid to harvest antlerless deer only. Depredation 1 35 licenses that are issued toa landowner andowners and tenants 2 1 or family members of owners and tenants as defined in section 2 2 483A.24 shall be in addition to the number of free licenses 2 3 that are available for issuance to such persons under section 2 4 483A.24.A landownerAn owner or tenant or a family member of 2 5 an owner or tenant may obtain one free depredation license for 2 6 each deer hunting season that is established by the 2 7 commission. Deer may be harvested with a rifle pursuant to a 2 8 depredation license in any area and in any season where the 2 9 commission authorizes the use of rifles. 2 10 c. Licenses issued pursuant to this subsection may be 2 11 issued at any time to a resident hunter who has permission to 2 12 hunt on the land for which the license is valid pursuant to 2 13 this subsection. 2 14 d.A producerAn owner or tenant who enters into a 2 15 depredation agreement with the department of natural resources 2 16 shall be issued a set of authorization numbers. Each 2 17 authorization number authorizes the owner or tenant, a family 2 18 member of the owner or tenant, or a resident hunter to obtain 2 19 a depredation license that is valid only for taking antlerless 2 20 deer on the land designated in theproducer'sowner's or 2 21 tenant's depredation plan.A producerAn owner or tenant may 2 22 transfer an authorization number issued to thatproducer2 23 person to a resident hunter who has permission to hunt on the 2 24 land for which the authorization number is valid. An 2 25 authorization number shall be valid to obtain a depredation 2 26 license in any season.The provisions of this paragraph shall 2 27 be implemented by August 15, 2008.A transferee who receives 2 28 an authorization number pursuant to this paragraph "d" shall 2 29 be otherwise qualified to hunt deer in this state, have a 2 30 hunting license, pay the wildlife habitat fee, and pay the one 2 31 dollar fee for the purpose of the deer herd population 2 32 management program. 2 33 2. Deer shooting permits shall be available for issuance 2 34 as follows: 2 35 a. Deer shooting permits shall be available for issuance 3 1 tolandownersowners or tenants who incur crop, horticultural 3 2 product, tree, or nursery damage as provided in section 481C.2 3 3 and shall be available for issuance for use on areas where 3 4 public safety may be an issue. 3 5 b. Deer shooting permits issued pursuant to this 3 6 subsection shall be valid and may be used outside of 3 7 established deer hunting seasons. 3 8 3. Notwithstanding section 481C.2, subsection 3,a 3 9 produceran owner or tenant shall not be required to erect or 3 10 maintain fencing as a requisite for receiving a deer 3 11 depredation permit or for participation in a deer depredation 3 12 plan pursuant to this section. 3 13 7. The department shall conduct outreach programs for 3 14 farmers and farm and commodity organizations that explain the 3 15 deer depredation management program. The department shall 3 16 develop, by rule, a master hunter program and maintain a list 3 17 of master hunters who are available to assistproducersowners 3 18 or tenants in the deer depredation management program by 3 19 increasing the harvest of antlerless deer on theproducer's3 20 owner's or tenant's property. 3 21 Sec. 3. Section 483A.24, subsection 2, paragraph a, Code 3 22 2009, is amended to read as follows: 3 23 a. As used in this subsection: 3 24 (1) "Family member" means aresident of Iowaperson who is 3 25 the spouse or child of the owner or tenant and who resides 3 26 with the owner or tenant. 3 27 (2) "Farm unit" means all parcels of land which are 3 28 certified by the commission pursuant to rule as meeting all of 3 29 the following requirements: 3 30 (a) Are in tracts of two or more contiguous acres. 3 31 (b) Are operated as a unit for agricultural purposes. 3 32 (c) Are under the lawful control of the owner or the 3 33 tenant. 3 34 (3) "Owner" means an owner of a farm unit whois a 3 35 resident of Iowa and whois one of the following: 4 1 (a) Is the sole operator of the farm unit. 4 2 (b) Makes all of the farm operation decisions but 4 3 contracts for custom farming or hires labor for all or part of 4 4 the work on the farm unit. 4 5 (c) Participates annually in farm operation decisions or 4 6 cropping practices on specific fields of the farm unit that 4 7 are rented to a tenant. 4 8 (d) Raises specialty crops on the farm unit including, but 4 9 not limited to, orchards, nurseries, or tree farms that do not 4 10 always produce annual income but require annual operating 4 11 decisions about maintenance or improvement. 4 12 (e) Has all or part of the farm unit enrolled in a 4 13 long=term agricultural land retirement program of the federal 4 14 government. 4 15 (f)An "owner" does not mean a person who ownsOwns a farm 4 16 unit andwhoemploys a farm manager or third party to operate 4 17 the farm unit, ora person whoowns a farm unit andwhorents 4 18 the entire farm unit to a tenant who is responsible for all 4 19 farm operations.However, this paragraph does not apply to an 4 20 owner who is a parent of the tenant and who resides in this 4 21 state.4 22 (4) "Tenant" means a person who is a resident of Iowa and 4 23 who rents and actively farms a farm unit owned by another 4 24 person. A member of the owner's family may be a tenant. A 4 25 person who works on the farm for a wage and is not a family 4 26 member does not qualify as a tenant. 4 27 EXPLANATION 4 28 This bill relates to hunting, particularly deer hunting, by 4 29 certain nonresident landowners on land owned by them. 4 30 Code chapter 481C, concerning the state's wild animal 4 31 depredation procedures, is amended to apply to nonresident 4 32 owners of farm units as defined in Code section 483A.24. The 4 33 bill provides that depredation licenses and permits, and in 4 34 particular deer depredation licenses and permits, be available 4 35 for issuance to resident and nonresident owners who incur 5 1 agricultural crop, horticultural product, tree, or nursery 5 2 damage of $1,000 or more due to wild animals, particularly 5 3 deer. 5 4 Deer depredation licenses may be transferred by a resident 5 5 or nonresident owner or tenant to a resident hunter for use on 5 6 the land designated in the depredation plan. Deer shooting 5 7 permits are available to resident and nonresident owners and 5 8 tenants who incur such damage, for use on areas where public 5 9 safety may be an issue, and outside of established deer 5 10 hunting seasons. 5 11 Code section 483A.24 is amended to allow a nonresident 5 12 owner of a farm unit, or a family member of such an owner to 5 13 hunt, fish, and trap on the farm unit without a license and to 5 14 obtain special licenses to hunt deer and wild turkey on that 5 15 farm unit, just as resident owners and their families do. 5 16 The bill also changes the definition of "owner" of a farm 5 17 unit to include a person who owns a farm unit and employs a 5 18 farm manager or third party to operate the farm unit or who 5 19 rents the entire farm unit to a tenant who is responsible for 5 20 all farm operations. "Farm unit" means all parcels of land 5 21 which are certified by the natural resource commission as 5 22 being in tracts of two or more contiguous acres, operated as a 5 23 unit for agricultural purposes, and under the lawful control 5 24 of the owner or tenant. 5 25 LSB 1777YH 83 5 26 av/nh/8