Senate File 464 - Introduced SENATE FILE 464 BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT (SUCCESSOR TO SF 427) A BILL FOR An Act relating to deer population management, and including 1 effective date and retroactive applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2542SV (2) 89 js/rn
S.F. 464 Section 1. Section 481A.130, subsection 1, paragraph h, 1 Code 2021, is amended to read as follows: 2 h. For each deer, except as provided in paragraph “g” , and 3 for each swan or crane, one thousand five hundred dollars. 4 Sec. 2. Section 481C.2A, subsection 5, Code 2021, is amended 5 to read as follows: 6 5. The department shall administer and enforce the 7 administrative rules concerning deer depredation, including 8 issuance of deer depredation licenses and deer shooting 9 permits, that are established by the commission and subject to 10 the following conditions: 11 a. Except for a free license issued under subsection 1, 12 paragraph “b” , the department shall require a fee of two dollars 13 for a license or permit issued pursuant to this section . 14 b. In addition to other times the department finds 15 necessary, the department shall allow licenses and permits 16 issued pursuant to this section to be used in the months of 17 September, October, November, and December. 18 Sec. 3. Section 483A.8, Code 2021, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 9. There shall be a January antlerless 21 deer only hunting season in a county whenever that county 22 has unsold antlerless deer licenses available in its county 23 quota as set by the commission by rule. The commission shall 24 establish the season dates. Licenses shall be available for 25 sale beginning the day after the close of the late muzzleloader 26 season until either the county quota allotment has been sold or 27 until the end of the season, whichever occurs first. A January 28 antlerless deer only license issued under this subsection is 29 valid only in the county identified on the license. A rifle 30 with a barrel length of at least sixteen inches and firing 31 centerfire ammunition propelling an expanding-type bullet with 32 a maximum diameter of no less than two hundred twenty-three 33 thousandths of one inch and no larger than five hundred 34 thousandths of one inch and with a published or calculated 35 -1- LSB 2542SV (2) 89 js/rn 1/ 5
S.F. 464 muzzle energy of five hundred foot pounds or higher is the 1 approved method of take for this season. 2 Sec. 4. DEER POPULATION STUDY. The department of natural 3 resources shall conduct a study to determine the estimated 4 deer population in each county in this state, which shall be 5 supported by historical records dating back to 1970. The 6 department shall review and provide scientific data relating 7 to the environmental impact of deer populations, including the 8 impact to crops and trees. The department shall also review 9 the spread of disease in deer and other wildlife populations. 10 Additionally, the report shall include information on property 11 loss, medical costs, and fatalities due to deer-vehicle 12 accidents. In conducting the study, the department shall work 13 with relevant representatives from the Iowa state university 14 of science and technology, the department of transportation, 15 and the insurance division of the department of commerce. 16 Expenses for conducting the study shall be paid from the fish 17 and wildlife protection fund established in section 456A.17 18 and such payments are considered a proper use of the funds for 19 purposes of section 456A.27 and Article VII, section 9, of the 20 Constitution of the State of Iowa. The department shall submit 21 a report summarizing the results of the study to the general 22 assembly by October 1, 2023. 23 Sec. 5. REIMBURSEMENT PAYMENTS FOR UNLAWFULLY TAKEN 24 ANTLERLESS DEER —— REFUNDS. A person convicted on or after 25 July 1, 2020, for unlawfully selling, taking, catching, 26 killing, injuring, destroying, or having in possession an 27 antlerless deer who has paid the reimbursement amount set forth 28 in section 481A.130, subsection 1, paragraph “h”, shall be 29 refunded the difference between the person’s payment and the 30 reimbursement amount set forth in section 481A.130, subsection 31 1, paragraph “c”. 32 Sec. 6. EFFECTIVE DATE. The following, being deemed of 33 immediate importance, take effect upon enactment: 34 1. The section of this Act amending section 481A.130. 35 -2- LSB 2542SV (2) 89 js/rn 2/ 5
S.F. 464 2. The section of this Act requiring the issuance of a 1 refund for a reimbursement payment made pursuant to section 2 481A.130 for a conviction entered on or after July 1, 2020, 3 for unlawfully selling, taking, catching, killing, injuring, 4 destroying, or having in possession an antlerless deer. 5 Sec. 7. RETROACTIVE APPLICABILITY. The following applies 6 retroactively to July 1, 2020, to persons convicted on or after 7 that date for unlawfully selling, taking, catching, killing, 8 injuring, destroying, or having in possession an antlerless 9 deer: 10 The section of this Act amending section 481A.130. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to deer population management. 15 Current law provides that a person convicted of unlawfully 16 selling, taking, catching, killing, injuring, destroying, 17 or having in possession an antlerless deer shall reimburse 18 the state $1,500. The bill removes antlerless deer from the 19 provision that sets the reimbursement value at $1,500. Because 20 damages are not otherwise prescribed for an antlerless deer, 21 a person convicted of unlawfully selling, taking, catching, 22 killing, injuring, destroying, or having in possession an 23 antlerless deer shall reimburse the state $50. This provision 24 takes effect upon enactment and applies retroactively to 25 July 1, 2020, to persons convicted on or after that date 26 for unlawfully selling, taking, catching, killing, injuring, 27 destroying, or having in possession an antlerless deer. A 28 person convicted on or after July 1, 2020, for unlawfully 29 selling, taking, catching, killing, injuring, destroying, 30 or having in possession an antlerless deer who has paid the 31 current reimbursement amount for an antlerless deer shall 32 be refunded the difference between the person’s payment and 33 the reimbursement amount set forth in Code section 481A.130, 34 subsection 1, paragraph “c”. 35 -3- LSB 2542SV (2) 89 js/rn 3/ 5
S.F. 464 In administering and enforcing administrative rules relating 1 to deer depredation, the bill requires the department of 2 natural resources (DNR) to require payment of a $2 fee for the 3 issuance of a deer depredation license or permit. The bill 4 also requires DNR to allow deer depredation tags to be filled 5 in the months of September, October, November, and December, in 6 addition to any other time that DNR finds necessary. 7 Under current law, deer hunting licenses are allocated by 8 zones and counties. The bill establishes a January antlerless 9 deer hunting season in a county whenever that county has unsold 10 antlerless deer hunting licenses available in its county quota 11 set by the natural resource commission. The commission shall 12 establish the season dates. The bill sets the time when a 13 person may purchase a license for the January season and states 14 that the license is valid only in the county identified on the 15 license. The bill makes a rifle with a barrel length of at 16 least 16 inches and firing centerfire ammunition propelling 17 an expanding-type bullet with a maximum diameter of no less 18 than 0.233 inches and no larger than 0.500 inches and with a 19 published or calculated muzzle energy of 500 foot pounds or 20 higher the approved method of take for the January antlerless 21 deer hunting season. 22 The bill requires DNR to conduct a study to determine 23 the estimated deer population in each county in this state. 24 The bill requires DNR to review and provide scientific data 25 relating to the environmental impact of deer populations, 26 including the impact to crops and trees, review information 27 relating to the spread of disease in deer and other wildlife 28 populations, and include information on property loss, medical 29 costs, and fatalities due to deer-vehicle accidents. The bill 30 requires DNR to work with relevant representatives from the 31 Iowa state university of science and technology, the department 32 of transportation, and the insurance division of the department 33 of commerce. Expenses for conducting the study shall be paid 34 from the fish and wildlife protection fund. The bill requires 35 -4- LSB 2542SV (2) 89 js/rn 4/ 5
S.F. 464 DNR to submit a report to the general assembly by October 1, 1 2023. 2 -5- LSB 2542SV (2) 89 js/rn 5/ 5