H.F. 2403 Section 1. NEW SECTION . 481A.41 Baiting of deer. 1 1. As used in this section, unless the context otherwise 2 requires: 3 a. “Baited area” means any area where feed is placed, 4 exposed, deposited, distributed, or scattered with the intent 5 to lure, attract, or entice wildlife to a specific location. 6 b. (1) “Feed” means grain, fruit, vegetables, nuts, hay, 7 salt, mineral blocks, or any other natural food materials; 8 commercial products containing natural food materials; or 9 by-products of such materials, that are capable of luring, 10 attracting, or enticing wildlife to a specific location. 11 (2) “Feed” does not include any of the following: 12 (a) Food placed during normal agricultural activities 13 including but not limited to feed placed for livestock that are 14 present and are actively consuming the feed on a regular basis. 15 (b) Incidental feeding of wildlife within an active 16 livestock operation. 17 (c) Crops planted and left standing as food plots for 18 wildlife. 19 (d) Grain or other feed scattered or distributed as a result 20 of normal agricultural, gardening, soil stabilization, or 21 logging practices. 22 (e) Vegetation or other feed that is naturally deposited in 23 an area. 24 2. A person shall not hunt, take, or attempt to take deer 25 on or in a baited area. 26 3. A person shall not place, expose, deposit, distribute, 27 or scatter feed on a baited area on any private or public 28 property, or knowingly allow another person to place, expose, 29 deposit, distribute, or scatter feed on a baited area on 30 private property under the person’s ownership or lease in 31 the state unless all feed is removed from the baited area at 32 least ten days prior to the opening day of the first fall deer 33 hunting season. An area remains a baited area for ten days 34 following complete removal of all feed from the area, except 35 -1- LSB 5942HV (2) 86 av/nh 1/ 4

H.F. 2403 for salt, minerals, or any other feed that will dissolve and 1 leach into the soil, in which case the area shall be considered 2 a permanently baited area until such time as all contaminated 3 soil is removed or until there is no longer evidence that deer 4 are artificially attracted to or are accessing the site. A 5 person shall not hunt, take, or attempt to take deer within two 6 hundred yards of a permanently baited area until such time as 7 all contaminated soil is removed from the area or until there 8 is no evidence that deer are artificially attracted to or are 9 accessing the area. 10 4. If salt, minerals, or any other feed that will dissolve 11 and leach into the soil is placed in an area for agricultural 12 purposes, that area shall not be considered a baited area or a 13 permanently baited area. 14 5. A person shall not establish a baited area or place, 15 expose, deposit, distribute, or scatter feed in an area with 16 the intent to prevent or disrupt the hunting activities of 17 another person. A violation of this subsection constitutes a 18 violation of section 481A.125. 19 Sec. 2. Section 805.8B, subsection 3, paragraph e, Code 20 2016, is amended to read as follows: 21 e. For violations of sections 481A.41, 481A.57 , 481A.85 , 22 481A.93 , 481A.95 , 481A.120 , 481A.137 , 481B.5 , 482.3 , 482.9 , 23 482.15 , and 483A.42 , the scheduled fine is one hundred dollars. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill prohibits hunting, taking, or attempting to take 28 deer on or in a baited area. The bill also requires that 29 if a person places feed in a baited area, all feed must be 30 removed from that area at least 10 days before the opening 31 day of the first fall deer hunting season. An area remains 32 a baited area for 10 days following complete removal of all 33 feed from the area, except for salt, minerals, or any other 34 feed that will dissolve and leach into the soil, in which case 35 -2- LSB 5942HV (2) 86 av/nh 2/ 4

H.F. 2403 the area is considered a permanently baited area until such 1 time as all contaminated soil is removed or until there is no 2 longer evidence that deer are artificially attracted to or are 3 accessing the site. A person shall not hunt, take, or attempt 4 to take deer within 200 yards of a permanently baited area 5 until such time as all contaminated soil is removed from the 6 area or until there is no evidence that deer are artificially 7 attracted to or are accessing the area. 8 If salt, minerals, or any other feed that will dissolve 9 and leach into the soil is placed in an area for agricultural 10 purposes, that area is not considered a baited area or a 11 permanently baited area. 12 A person shall not establish a baited area or place, expose, 13 deposit, distribute, or scatter feed in an area with the 14 intent to prevent or disrupt the hunting activities of another 15 person. A violation of this provision constitutes intentional 16 interference with lawful hunting under section 481A.125 and is 17 punishable as a simple misdemeanor for a first offense and as 18 a serious misdemeanor for any subsequent offense. A simple 19 misdemeanor is punishable by confinement for no more than 30 20 days or a fine of at least $65 but not more than $625 or by 21 both. A serious misdemeanor is punishable by confinement for 22 no more than one year and a fine of at least $315 but not more 23 than $1,875. 24 For purposes of the bill, “feed” is grain, fruit, 25 vegetables, nuts, hay, salt, mineral blocks, or any other 26 natural food materials; commercial products containing natural 27 food materials; or by-products of such materials, that are 28 capable of luring, attracting, or enticing wildlife to a 29 specific location. “Feed” does not include food placed during 30 normal agricultural activities including but not limited to 31 feed placed for livestock that are present and are actively 32 consuming the feed on a regular basis; incidental feeding 33 of wildlife within an active livestock operation; crops 34 planted and left standing as food plots for wildlife; grain 35 -3- LSB 5942HV (2) 86 av/nh 3/ 4

H.F. 2403 or other feed scattered or distributed as a result of normal 1 agricultural, gardening, soil stabilization, or logging 2 practices; or vegetation or other feed that is naturally 3 deposited in an area. A “baited area” is any area where feed 4 is placed, exposed, deposited, distributed, or scattered with 5 the intent to lure, attract, or entice wildlife to a specific 6 location. 7 A violation of the bill’s provisions is punishable with a 8 scheduled fine of $100. 9 -4- LSB 5942HV (2) 86 av/nh 4/ 4