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 for the producers owners
  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 13 landowner owner 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 require a producer an 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 to a landowner and owners 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 landowner An 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 producer An 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 the producer's owner's or
  2 21 tenant's depredation plan.  A producer An owner or tenant may
  2 22 transfer an authorization number issued to that producer
  2 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 to landowners owners 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 producer an 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 assist producers owners
  3 18 or tenants in the deer depredation management program by
  3 19 increasing the harvest of antlerless deer on the producer's
  3 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 a resident of Iowa person 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 who is a
  3 35 resident of Iowa and who is 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 owns Owns a farm
  4 16 unit and who employs a farm manager or third party to operate
  4 17 the farm unit, or a person who owns a farm unit and who rents
  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