H.F. 2151 Section 1. NEW SECTION . 163.33 Feral swine. 1 1. As used in this section, unless the context otherwise 2 requires: 3 a. “Feral swine” means any swine that fails to comply 4 with inspection, testing, or vaccination requirements for an 5 infectious or contagious disease that is capable of affecting 6 swine as those requirements are provided by any of the 7 following: 8 (1) Federal law applicable to swine within this state. 9 (2) State law applicable to swine within this state, 10 including but not limited to this chapter, chapter 163A, 11 chapter 166, chapter 166B, chapter 166D, or any other provision 12 in this subtitle. 13 b. “Swine” means any animal classified as belonging to the 14 genus sus regardless of its species. 15 2. A person shall not do any of the following: 16 a. Own or possess feral swine. 17 b. Cause or allow a feral swine owned or possessed by a 18 person to come into contact with another animal in this state. 19 c. Transport a feral swine into this state. 20 Sec. 2. Section 163.61, Code 2011, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 3A. A person who violates section 163.33 23 shall be subject to a civil penalty under this section only to 24 the extent that a civil penalty is not imposed upon the person 25 pursuant to another provision of law for the same violation. 26 Sec. 3. Section 484B.1, Code 2011, is amended by adding the 27 following new subsections: 28 NEW SUBSECTION . 3A. “Feral swine” means the same as defined 29 in section 163.33. 30 NEW SUBSECTION . 3B. “Game animal” means a swine, other than 31 a feral swine, or an ungulate. 32 NEW SUBSECTION . 8A. “Swine” means the same as defined in 33 section 163.33. 34 Sec. 4. Section 484B.4, subsection 1, Code 2011, is amended 35 -1- LSB 5601YH (3) 84 da/nh 1/ 7

H.F. 2151 to read as follows: 1 1. a. A person who owns or controls by lease or otherwise 2 for five or more years, a contiguous tract of land having an 3 area of not less than three hundred twenty acres, and who 4 desires to establish a hunting preserve, to propagate may apply 5 to the department for a hunting preserve operator’s license 6 under this chapter or rules adopted by the commission. A 7 person whose application is approved shall be issued a license 8 to do any of the following: 9 (1) Propagate and sell game birds and their young or 10 unhatched eggs , and or shoot game birds and ungulates on the 11 land , under this chapter or the rules of the commission, . 12 (2) Breed, raise, or maintain game animals for the purpose 13 of hunting on the land, including as provided in section 14 717F.7. However, a person shall not keep feral swine on the 15 land. 16 b. A person shall make submit an application to the 17 department for an a hunting preserve operator’s license as 18 required by the department . The application shall be made 19 under oath of the applicant or under oath of one of its 20 principal officers if the applicant is an association or 21 corporation. Under the authority of this license, any property 22 or facilities to be used for propagating, holding, processing, 23 or pasturing of game birds or ungulates or game animals 24 shall not be required to be contained within the contiguous 25 land area used for hunting purposes. The application shall 26 be accompanied by an operator’s license fee of two hundred 27 dollars. 28 Sec. 5. Section 484B.4, subsection 2, unnumbered paragraph 29 1, Code 2011, is amended to read as follows: 30 Upon receipt of an application, the department or its 31 authorized agent shall inspect the proposed hunting preserve 32 and facilities described in the application. The department 33 of agriculture and land stewardship may inspect a proposed 34 hunting preserve that confines swine and shall advise the 35 -2- LSB 5601YH (3) 84 da/nh 2/ 7

H.F. 2151 department of natural resources regarding the approval of the 1 application. If the department of natural resources finds that 2 the proposed hunting preserve meets the following requirements, 3 the department may approve the application and issue a hunting 4 preserve operator’s license for the operation of the property 5 and facilities described in the application with the rights 6 and subject to the limitations in this chapter and the rules 7 adopted by the commission: 8 Sec. 6. Section 484B.4, subsection 2, paragraph d, Code 9 2011, is amended to read as follows: 10 d. The game birds or ungulates game animals released on the 11 preserve will not be detrimental to wildlife. 12 Sec. 7. Section 484B.4, subsection 2, Code 2011, is amended 13 by adding the following new paragraph: 14 NEW PARAGRAPH . f. If the application is for a hunting 15 preserve operator’s license for swine, the application shall 16 include a certificate made on an official form approved by 17 the department of agriculture, and issued by a veterinarian 18 licensed pursuant to chapter 169, which provides that the swine 19 listed on the form meets the health requirements of this state. 20 Sec. 8. Section 484B.5, Code 2011, is amended to read as 21 follows: 22 484B.5 Boundaries signed —— fenced. 23 Upon receipt of a hunting preserve license, the licensee 24 shall promptly sign the licensed property with signs prescribed 25 by the department. A licensee holding and releasing ungulates 26 game animals shall construct and maintain boundary fences 27 prescribed by the department so as to enclose and contain all 28 released ungulates game animals and exclude all ungulates or 29 swine which are property of the state not owned by the licensee 30 from becoming a part of the hunting preserve enterprise. 31 Sec. 9. Section 484B.7, subsection 2, Code 2011, is amended 32 to read as follows: 33 2. a. Each licensee shall file an annual report with the 34 department on or before April 30. The report shall detail the 35 -3- LSB 5601YH (3) 84 da/nh 3/ 7

H.F. 2151 hunting preserve operations during the preceding license year. 1 The original report shall be forwarded to the department and a 2 copy shall be retained in the hunting preserve’s file for three 3 years from the date of expiration of the hunting preserve’s 4 last license issued. Records required by this section shall be 5 entered in the annual report record within twenty-four hours 6 of the event. Failure A failure to keep or submit the required 7 records and reports is grounds for refusal to renew a license 8 for the succeeding year. 9 b. An on-site inspection of property and facilities shall be 10 conducted by an authorized agent of the department prior to the 11 initial issuance of a hunting preserve license. The hunting 12 preserve may be reinspected by an agent of the department at 13 any reasonable time. The department of agriculture and land 14 stewardship may provide for an inspection of swine maintained 15 at the hunting preserve at any time and inform the department 16 of natural resources whether the licensee is in compliance 17 with this chapter. A licensed hunting preserve shall maintain 18 adequate facilities for all designated birds , and ungulates , or 19 swine held under the hunting preserve license. 20 Sec. 10. Section 484B.9, Code 2011, is amended to read as 21 follows: 22 484B.9 Ungulate Game animal transportation tags —— markings. 23 The department shall prepare transportation tags suitable 24 for use upon the carcass of ungulates a game animal as 25 described in this chapter . The tags shall be used to designate 26 all ungulates game animals taken by hunters upon a licensed 27 hunting preserve. The department shall provide licensees with 28 the tags. All ungulates game animals taken on a licensed 29 hunting preserve shall be tagged with a numbered tag prior 30 to being removed from the hunting preserve. The tags shall 31 distinguish between ungulates and swine. The hunter shall tag 32 the ungulate a game animal taken in accordance with the rules 33 as determined by the department. The tag shall remain attached 34 to the carcass of the dead ungulate game animal until processed 35 -4- LSB 5601YH (3) 84 da/nh 4/ 7

H.F. 2151 for consumption or otherwise prepared for display . The hunter 1 shall be provided with a bill of sale by the licensee. The bill 2 of sale shall remain in the possession of the hunter. Ungulate 3 tags A tag issued to a hunting preserve are under this section 4 is not transferable. 5 Sec. 11. Section 484B.10, subsection 1, Code 2011, is 6 amended to read as follows: 7 1. A person shall not take a game bird or ungulate game 8 animal upon a hunting preserve, by shooting in any manner, 9 except during the established season or as authorized by 10 section 481A.56 . The established season shall be September 1 11 through March 31 of the succeeding year, both dates inclusive. 12 The owner of a hunting preserve shall establish the hunting 13 season for nonnative, pen-reared ungulates on the hunting 14 preserve. 15 Sec. 12. Section 484B.12, Code 2011, is amended to read as 16 follows: 17 484B.12 Health requirements —— ungulates game animals . 18 1. All ungulates which are purchased, propagated, confined, 19 released, or sold by a licensed hunting preserve shall be free 20 of diseases considered significant for wildlife, poultry, or 21 livestock. Swine shall not be feral. 22 2. The department of agriculture and land stewardship shall 23 provide for the regulation of farm all of the following: 24 a. Farm deer as provided in chapter 170 . 25 b. Swine as provided in title V. 26 (1) The swine must be born and reared in captivity. 27 (2) The department shall provide for the inspection, 28 testing, and vaccination of swine that the department 29 determines may be feral with the associated costs paid by 30 the licensee. Alternatively, the department may order the 31 quarantine, transportation, and slaughter or humane destruction 32 of such swine as determined by the department. The licensee 33 shall not be entitled to indemnification as provided in section 34 163.15, section 165.18, chapter 166B, or otherwise. 35 -5- LSB 5601YH (3) 84 da/nh 5/ 7

H.F. 2151 EXPLANATION 1 GENERAL. This bill amends provisions relating to the 2 regulation of infectious or contagious diseases affecting 3 animals, including swine, by the department of agriculture and 4 land stewardship (Code chapter 163). Generally, the department 5 is authorized to provide for the prevention, suppression, or 6 eradication of an infectious or contagious disease afflicting 7 an animal within the state (Code section 163.2(2)). 8 FERAL SWINE —— PROHIBITION. The bill prohibits a person from 9 owning or possessing feral swine, causing or allowing a feral 10 swine owned or possessed by a person to come into contact with 11 another animal, or transporting a feral swine in this state. 12 “Feral swine” is defined as any animal classified as belonging 13 to the genus sus regardless of its species, if the animal fails 14 to comply with inspection, testing, or vaccination requirements 15 for an infectious or contagious disease that is capable of 16 affecting swine as those requirements are set forth in federal 17 or state law. 18 FERAL SWINE —— CIVIL PENALTY APPLICABLE. A person who 19 violates the feral swine prohibition is subject to a civil 20 penalty of not more than $25,000 for a continuous violation 21 (i.e., a violation that extends over the course of continuous 22 days). The civil penalty does not apply if the person is 23 subject to another civil penalty for the same offense (Code 24 section 163.61). 25 NONFERAL SWINE —— HUNTING PRESERVES. The bill also provides 26 that a person may apply for and be issued a license as a hunting 27 preserve (Code chapter 484B) in order to confine swine for 28 the purpose of breeding and hunting. Currently, the license 29 applies to land reserved for hunting game birds and certain 30 animals classified as nondomesticated ungulates. Hunting 31 preserves are regulated by the department of natural resources. 32 HUNTING PRESERVES —— APPLICABLE REGULATIONS. The bill 33 provides that a hunting preserve may also operate for hunting 34 any species of swine so long as the swine are not classified as 35 -6- LSB 5601YH (3) 84 da/nh 6/ 7

H.F. 2151 feral. The bill refers to ungulates and nonferal swine as game 1 animals and many of the requirements that currently apply to 2 ungulates would apply to nonferal swine, including requirements 3 associated with license applications (Code section 484B.4), 4 fence boundaries and signs (Code section 484B.5), records 5 and reports (Code section 484B.7), transportation tags (Code 6 section 484B.9), health (Code section 484B.12), and refusal to 7 renew a license (Code section 484B.13). 8 HUNTING PRESERVES —— SPECIAL REGULATIONS. The bill also 9 provides special requirements applicable to confining swine 10 as part of a hunting preserve. An application must include 11 a health certificate issued by a licensed veterinarian. 12 The confined swine must be born and raised in captivity. 13 The confined swine must be approved by the department 14 of agriculture and land stewardship. The department of 15 agriculture and land stewardship is authorized to conduct 16 inspections of a hunting preserve confining swine. The 17 department may provide for the testing and vaccination of 18 swine at the licensee’s expense or alternatively may order the 19 quarantine, transportation, and slaughter or destruction of the 20 swine without the state being liable for indemnification paid 21 to the licensee. 22 HUNTING PRESERVES —— PENALTIES APPLICABLE. A person who 23 violates a hunting preserve regulation is guilty of a simple 24 misdemeanor (Code section 484B.14). A simple misdemeanor is 25 punishable by confinement for no more than 30 days or a fine of 26 at least $65 but not more than $625 or by both. 27 -7- LSB 5601YH (3) 84 da/nh 7/ 7