House File 258 - Introduced HOUSE FILE 258 BY HORBACH A BILL FOR An Act providing for hunting preserves confining swine, which 1 is a member of the species sus scrofa linnaeus, making 2 penalties applicable, and including contingent effective 3 date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2279YH (5) 84 da/nh
H.F. 258 Section 1. Section 484B.1, Code 2011, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 01. “Boar” means a member of the species 3 sus scrofa linnaeus, including but not limited to swine 4 commonly known as a Russian boar or European boar of either 5 sex. 6 Sec. 2. Section 484B.4, subsection 1, Code 2011, is amended 7 to read as follows: 8 1. A person who owns or controls by lease or otherwise for 9 five or more years, a contiguous tract of land having an area 10 of not less than three hundred twenty acres, and who desires 11 to establish a hunting preserve, may apply to the department 12 for a hunting preserve operator’s license under this chapter or 13 rules adopted by the commission. The application shall allow 14 the person to propagate and sell game birds and their young or 15 unhatched eggs , ; and shoot game birds and or ungulates on the 16 land , under this chapter or the rules of the commission, shall 17 make application to the department for an operator’s license ; 18 or breed, raise, or maintain boars for hunting on the land . 19 The application shall be made under oath of the applicant or 20 under oath of one of its principal officers if the applicant 21 is an association or corporation. Under the authority of this 22 license, any property or facilities to be used for propagating, 23 holding, processing, or pasturing of game birds or ungulates 24 shall not be required to be contained within the contiguous 25 land area used for hunting purposes. The application shall be 26 accompanied by an a hunting preserve operator’s license fee of 27 two hundred dollars. 28 Sec. 3. NEW SECTION . 484B.5A Boars. 29 1. A person issued a hunting preserve operator’s license 30 under section 484B.4 may confine a boar within a hunting 31 preserve subject to the license as provided in this section. 32 2. a. A hunting preserve holding and releasing boars shall 33 be enclosed by boundary fences which confine boars within 34 the hunting preserve and which exclude all other swine from 35 -1- LSB 2279YH (5) 84 da/nh 1/ 4
H.F. 258 entering into the hunting preserve. A boar may be released 1 within the hunting preserve for purposes of hunting. 2 b. A hunting preserve holding and releasing boars shall 3 have signs posted on or near the boundary fences in a manner 4 that reasonably notifies the public that the hunting preserve 5 maintains boars. 6 c. A hunting preserve shall not confine a boar unless it has 7 been born and reared in captivity. 8 3. The department shall adopt rules necessary to administer 9 and enforce this section. 10 Sec. 4. Section 484B.7, subsection 2, Code 2011, is amended 11 to read as follows: 12 2. Each licensee shall file an annual report with the 13 department on or before April 30. The report shall detail the 14 hunting preserve operations during the preceding license year. 15 The original report shall be forwarded to the department and a 16 copy shall be retained in the hunting preserve’s file for three 17 years from the date of expiration of the hunting preserve’s 18 last license issued. Records required by this section shall be 19 entered in the annual report record within twenty-four hours 20 of the event. Failure to keep or submit the required records 21 and reports is grounds for refusal to renew a license for 22 the succeeding year. An on-site inspection of property and 23 facilities shall be conducted by an authorized agent of the 24 department prior to the initial issuance of a hunting preserve 25 license. The hunting preserve may be reinspected by an agent 26 of the department at any reasonable time. A licensed hunting 27 preserve shall maintain adequate facilities for all designated 28 birds , and ungulates , or boars held under the hunting preserve 29 license. 30 Sec. 5. NEW SECTION . 484B.9A Boar transportation tags —— 31 markings. 32 The department shall prepare transportation tags suitable 33 for use upon the carcasses of boars. The tags shall be used to 34 designate all boars taken by hunters upon a licensed hunting 35 -2- LSB 2279YH (5) 84 da/nh 2/ 4
H.F. 258 preserve. The department shall provide licensees with the 1 tags. A boar taken on a licensed hunting preserve shall be 2 tagged with a numbered tag prior to being removed from the 3 hunting preserve. The hunter shall tag the boar taken in 4 accordance with the rules as determined by the department. The 5 tag shall remain attached to the carcass of the dead boar until 6 processed for consumption. The hunter shall be provided with 7 a bill of sale by the licensee. The bill of sale shall remain 8 in the possession of the hunter. Boar tags issued to a hunting 9 preserve are not transferable. 10 Sec. 6. Section 484B.12, Code 2011, is amended to read as 11 follows: 12 484B.12 Health requirements —— ungulates and boars . 13 All ungulates or boars which are purchased, propagated, 14 confined, released, or sold by a licensed hunting preserve 15 shall be free of diseases considered significant for wildlife, 16 poultry, or livestock. The department of agriculture and land 17 stewardship shall provide for the regulation of farm all of the 18 following: 19 1. The health of boars which shall meet the same 20 requirements as for other swine as provided in Title V, 21 Subtitle 2, of the Code, including the prevention, control, and 22 eradication of diseases afflicting swine. 23 2. Farm deer as provided in chapter 170 . 24 Sec. 7. Section 717F.7, Code 2011, is amended by adding the 25 following new subsection: 26 NEW SUBSECTION . 12A. A hunting preserve licensed pursuant 27 to section 484B.5A, which confines a member of the species sus 28 scrofa linnaeus, including but not limited to swine commonly 29 known as a Russian boar or European boar of either sex. 30 Sec. 8. CONTINGENT EFFECTIVE DATE. This Act becomes 31 effective on the date that a declaration by the secretary 32 of agriculture stating that a hunting preserve may confine 33 swine which is a member of the species sus scrofa linnaeus, 34 including but not limited to swine commonly known as Russian 35 -3- LSB 2279YH (5) 84 da/nh 3/ 4
H.F. 258 boar or European boar of either sex, is published in the Iowa 1 administrative bulletin. The declaration shall be based upon a 2 finding that hunting such swine confined in a hunting preserve 3 contributes to the economic value of the state. The secretary 4 shall deliver the declaration to the administrative code editor 5 and the Iowa Code editor upon making the determination. 6 EXPLANATION 7 This bill provides that a hunting preserve may enclose swine 8 belonging to the species sus scrofa linnaeus including but not 9 limited to swine commonly known as a Russian boar or European 10 boar of either sex (referred to in the bill as a boar). 11 Currently, a person is prohibited from owning a boar because 12 its species is classified as a wild or dangerous animal 13 under Code chapter 717F. The department of natural resources 14 licenses hunting preserves which enclose captive-raised game, 15 including game birds and ungulates under Code chapter 484B. 16 The bill provides restrictions upon keeping a boar as part 17 of a hunting preserve, including maintaining boundary fences 18 and posting warning notices to the public. The bill provides 19 that a hunting preserve cannot keep a boar unless it has 20 been born and reared in captivity. It provides that a boar 21 must meet health requirements of other swine as regulated by 22 the department of agriculture and land stewardship. It also 23 provides for the same reporting requirements and transportation 24 tags as for other game. 25 A person who violates a provision of Code chapter 484B 26 is guilty of a simple misdemeanor. A simple misdemeanor is 27 punishable by confinement for no more than 30 days or a fine of 28 at least $65 but not more than $625 or by both. 29 The bill takes effect on the date that a declaration by the 30 secretary of agriculture stating that a hunting preserve may 31 confine such swine is published in the Iowa administrative 32 bulletin. 33 -4- LSB 2279YH (5) 84 da/nh 4/ 4