House File 2400 - Introduced HOUSE FILE 2400 BY COMMITTEE ON NATURAL RESOURCES (SUCCESSOR TO HSB 700) A BILL FOR An Act relating to the hunting of untamed game livestock on 1 hunting preserves and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6201HV (2) 89 js/rn
H.F. 2400 Section 1. Section 481A.125A, subsections 1 and 2, Code 1 2022, are amended to read as follows: 2 1. As used in this section , “remote control or internet 3 hunting” means use of a computer or other electronic device, 4 equipment, or software to remotely control the aiming or 5 discharge of a firearm or other weapon, allowing a person who 6 is not physically present to take a wild animal, a game bird , 7 untamed game livestock, or ungulate kept on a hunting preserve 8 under chapter 484B , a wild animal, or a preserve whitetail kept 9 on a hunting preserve under chapter 484C . 10 2. A person shall not offer for sale, take, or assist in the 11 taking of a wild animal, a game bird , untamed game livestock, 12 or ungulate kept on a hunting preserve under chapter 484B , a 13 wild animal, or a preserve whitetail kept on a hunting preserve 14 under chapter 484C , by remote control or internet hunting. 15 Sec. 2. Section 484B.1, Code 2022, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 11. “Untamed game livestock” means bison, 18 sheep, or goats if the bison, sheep, or goats are birthed and 19 raised in this state for purposes of hunting on a preserve in 20 this state. 21 Sec. 3. Section 484B.4, Code 2022, is amended to read as 22 follows: 23 484B.4 Hunting preserve operator’s license —— application and 24 requirements. 25 1. A person who owns or controls by lease or otherwise for 26 five or more years , a contiguous tract of land having an area 27 of not less than three hundred twenty acres , and who desires 28 to establish a hunting preserve, to propagate and sell game 29 birds and their young or unhatched eggs, and shoot game birds , 30 untamed game livestock, and ungulates on the land, under this 31 chapter or the rules of the commission, shall make application 32 to the department for an operator’s license. The application 33 shall be made under oath of the applicant or under oath of one 34 of its principal officers if the applicant is an association 35 -1- LSB 6201HV (2) 89 js/rn 1/ 6
H.F. 2400 or corporation. Under the authority of this license, any 1 property or facilities to be used for propagating, holding, 2 processing, or pasturing of game birds , untamed game livestock, 3 or ungulates shall not be required to be contained within 4 the contiguous land area used for hunting purposes. The 5 application shall be accompanied by an operator’s license fee 6 of two hundred dollars. 7 2. Upon receipt of an application, the department or its 8 authorized agent shall inspect the proposed hunting preserve 9 and facilities described in the application. If the department 10 finds that the proposed hunting preserve meets the following 11 requirements, the department may approve the application and 12 issue a hunting preserve operator’s license for the operation 13 of the property and facilities described in the application 14 with the rights and subject to the limitations in this chapter 15 and the rules adopted by the commission: 16 a. The proposed hunting preserve contains at least three 17 hundred twenty acres but not more than two thousand five 18 hundred sixty acres. 19 b. The area of the proposed hunting preserve is contiguous. 20 c. The total area of all licensed hunting preserves and the 21 proposed hunting preserve will not exceed three percent of the 22 land area of the county. 23 d. The game birds , untamed game livestock, or ungulates 24 released on the preserve will not be detrimental to wildlife. 25 e. The proposed hunting preserve will not interfere with the 26 normal activities of migratory birds. 27 3. All hunting preserve operator’s licenses shall expire 28 on March 31 of each year unless the department has granted a 29 variance pursuant to section 484B.10, in which case the license 30 shall expire at the conclusion of the extended season . 31 Sec. 4. NEW SECTION . 484B.4B Minimum enclosed acreage —— 32 untamed game livestock. 33 1. A hunting preserve on which untamed game livestock are 34 kept must include at least three hundred twenty contiguous 35 -2- LSB 6201HV (2) 89 js/rn 2/ 6
H.F. 2400 acres that are enclosed by a fence as required pursuant to 1 section 484B.5. However, a person may keep untamed game 2 livestock only on a hunting preserve that includes a fewer 3 number of enclosed acres if the hunting preserve was operated 4 as a business on January 1, 2005. If the hunting preserve 5 operated as a business on January 1, 2005, the landowner or 6 the landowner’s successor in interest may sell or otherwise 7 transfer ownership of the hunting preserve to another person 8 who may continue to operate the hunting preserve in the same 9 manner as the landowner. 10 2. This section shall not apply if the owner of the hunting 11 preserve or any successor in interest fails to meet the 12 licensing requirements of section 484B.4 each year. 13 Sec. 5. Section 484B.5, Code 2022, is amended to read as 14 follows: 15 484B.5 Boundaries signed —— fenced. 16 Upon receipt of a hunting preserve operator’s license, 17 the licensee shall promptly sign the licensed property with 18 signs prescribed by the department. A licensee holding and 19 releasing ungulates or untamed game livestock shall construct 20 and maintain boundary fences prescribed by the department so 21 as to enclose and contain all released ungulates or untamed 22 game livestock and exclude all ungulates which or wild animals 23 similar to untamed game livestock that are property of the 24 state from becoming a part of the hunting preserve enterprise. 25 Sec. 6. Section 484B.7, subsection 2, Code 2022, is amended 26 to read as follows: 27 2. Each licensee shall file an annual report with the 28 department on or before April 30. The report shall detail the 29 hunting preserve operations during the preceding license year. 30 The original report shall be forwarded to the department and a 31 copy shall be retained in the hunting preserve’s file for three 32 years from the date of expiration of the hunting preserve’s 33 last license issued. Records required by this section shall be 34 entered in the annual report record within twenty-four hours 35 -3- LSB 6201HV (2) 89 js/rn 3/ 6
H.F. 2400 of the event. Failure to keep or submit the required records 1 and reports is grounds for refusal to renew a license for 2 the succeeding year. An on-site inspection of property and 3 facilities shall be conducted by an authorized agent of the 4 department prior to the initial issuance of a hunting preserve 5 operator’s license. The hunting preserve may be reinspected by 6 an agent of the department at any reasonable time. A licensed 7 hunting preserve shall maintain adequate facilities for all 8 designated birds , untamed game livestock, and ungulates held 9 under the hunting preserve operator’s license. 10 Sec. 7. Section 484B.9, Code 2022, is amended to read as 11 follows: 12 484B.9 Ungulate and untamed game livestock transportation 13 tags —— markings. 14 The department shall prepare transportation tags suitable 15 for use upon the carcass of ungulates and untamed game 16 livestock described in this chapter . The tags shall be used 17 to designate all ungulates and untamed game livestock taken 18 by hunters upon a licensed hunting preserve. The department 19 shall provide licensees with the tags. All ungulates and 20 untamed game livestock taken on a licensed hunting preserve 21 shall be tagged with a numbered tag prior to being removed from 22 the hunting preserve. The hunter shall tag the ungulate or 23 untamed game livestock taken in accordance with the rules as 24 determined by the department. The tag shall remain attached 25 to the carcass of the dead ungulate or untamed game livestock 26 until processed for consumption. The hunter shall be provided 27 with a bill of sale by the licensee. The bill of sale shall 28 remain in the possession of the hunter. Ungulate tags issued 29 to a hunting preserve are not transferable. 30 Sec. 8. Section 484B.12, Code 2022, is amended to read as 31 follows: 32 484B.12 Health requirements —— ungulates and untamed game 33 livestock . 34 All ungulates which and untamed game livestock that are 35 -4- LSB 6201HV (2) 89 js/rn 4/ 6
H.F. 2400 purchased, propagated, confined, released, or sold by a 1 licensed hunting preserve shall be free of diseases considered 2 significant for wildlife, poultry, or livestock. The 3 department of agriculture and land stewardship shall provide 4 for the regulation of farm deer as provided in chapter 170 . 5 Sec. 9. Section 717.2, Code 2022, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 4. This section does not apply to a hunting 8 preserve facility, as defined in section 484B.1, provided that 9 the hunting preserve facility performs functions within the 10 scope of accepted practices and disciplines associated with a 11 hunting preserve. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill relates to hunting untamed game livestock on 16 hunting preserves. 17 The bill defines “untamed game livestock” as bison, sheep, 18 and goats that are birthed and raised in this state for 19 purposes of hunting on a preserve in this state. The bill 20 includes untamed game livestock in provisions in Code chapter 21 484B (hunting preserves) so that untamed game livestock are 22 regulated for hunting on a hunting preserve in a manner similar 23 to ungulates. Those provisions include licensing, acreage, 24 fencing, tagging, and health requirements. 25 The bill prohibits remotely taking an untamed game livestock 26 animal. A person who violates this prohibition commits a 27 serious misdemeanor and a subsequent violation is a class 28 “D” felony. The person is also subject to a civil penalty 29 not to exceed $10,000. A serious misdemeanor is punishable 30 by confinement for no more than one year and a fine of at 31 least $430 but not more than $2,560. A class “D” felony is 32 punishable by confinement for no more than five years and a 33 fine of at least $1,025 but not more than $10,245. 34 The bill exempts untamed game livestock from prohibitions 35 -5- LSB 6201HV (2) 89 js/rn 5/ 6
H.F. 2400 related to livestock neglect provided that the hunting preserve 1 facility performs functions within the scope of accepted 2 practices and disciplines associated with a hunting preserve. 3 A person who commits a livestock neglect violation commits 4 either a simple or a serious misdemeanor. A simple misdemeanor 5 is punishable by confinement for no more than 30 days and a 6 fine of at least $105 but not more than $855. 7 The department of natural resources may revoke the hunting 8 license of a person who violates a general hunting preserve 9 violation relating to hunting untamed game livestock, subject 10 to rules established by the department. A person who pleads 11 guilty or is convicted of an offense while the person’s license 12 or licenses have been suspended or revoked commits either a 13 simple, serious, or aggravated misdemeanor depending on how 14 many prior offenses the person has committed. 15 -6- LSB 6201HV (2) 89 js/rn 6/ 6