Senate File 2013 - Introduced SENATE FILE 2013 BY DAWSON A BILL FOR An Act relating to the baiting of deer on public or private 1 property and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5528XS (4) 90 lh/js

S.F. 2013 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 any of the following materials that 7 are capable of luring, attracting, or enticing wildlife to a 8 specific location: 9 (a) Grain, fruit, vegetables, nuts, hay, salt, mineral 10 blocks, or any other natural food materials. 11 (b) Commercial products containing natural food materials. 12 (c) By-products of materials listed in subparagraph 13 division (a) or (b). 14 (2) “Feed” does not include any of the following: 15 (a) Food placed during normal agricultural activities 16 including but not limited to feed placed for livestock that are 17 present and are actively consuming the feed on a regular basis. 18 (b) Incidental feeding of wildlife within an active 19 livestock operation. 20 (c) Crops planted and left standing as food plots for 21 wildlife. 22 (d) Grain or other feed scattered or distributed as a result 23 of normal agricultural, gardening, soil stabilization, or 24 logging practices. 25 (e) Vegetation or other feed that is naturally deposited in 26 an area. 27 2. A person shall not hunt, take, or attempt to take deer 28 on or in a baited area. 29 3. A person shall not place, expose, deposit, distribute, 30 or scatter feed on a baited area on any private or public 31 property, or knowingly allow another person to place, expose, 32 deposit, distribute, or scatter feed on a baited area on 33 private property under the person’s ownership or lease in 34 the state unless all feed is removed from the baited area at 35 -1- LSB 5528XS (4) 90 lh/js 1/ 4

S.F. 2013 least ten days prior to the opening day of the first fall deer 1 hunting season. An area remains a baited area for ten days 2 following complete removal of all feed from the area, except 3 for salt, minerals, or any other feed that will dissolve and 4 leach into the soil, in which case the area shall be considered 5 a permanently baited area until such time as all contaminated 6 soil is removed or until there is no longer evidence that deer 7 are artificially attracted to or are accessing the site. A 8 person shall not hunt, take, or attempt to take deer within two 9 hundred yards of a permanently baited area until such time as 10 all contaminated soil is removed from the area or until there 11 is no evidence that deer are artificially attracted to or are 12 accessing the area. 13 4. If salt, minerals, or any other feed that will dissolve 14 and leach into the soil is placed in an area for agricultural 15 purposes, that area shall not be considered a baited area or a 16 permanently baited area. 17 5. A person shall not establish a baited area or place, 18 expose, deposit, distribute, or scatter feed in an area with 19 the intent to prevent or disrupt the hunting activities of 20 another person. A violation of this subsection constitutes a 21 violation of section 481A.125. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill prohibits hunting, taking, or attempting to take 26 deer on or in a baited area. The bill also provides that 27 if a person places feed in a baited area, all feed must be 28 removed from that area at least 10 days before the opening 29 day of the first fall deer hunting season. An area remains 30 a baited area for 10 days following complete removal of all 31 feed from the area, except for salt, minerals, or any other 32 feed that will dissolve and leach into the soil, in which case 33 the area is considered a permanently baited area until such 34 time as all contaminated soil is removed or until there is no 35 -2- LSB 5528XS (4) 90 lh/js 2/ 4

S.F. 2013 longer evidence that deer are artificially attracted to or are 1 accessing the site. A person shall not hunt, take, or attempt 2 to take deer within 200 yards of a permanently baited area 3 until such time as all contaminated soil is removed from the 4 area or until there is no evidence that deer are artificially 5 attracted to or are accessing the area. 6 If salt, minerals, or any other feed that will dissolve 7 and leach into the soil is placed in an area for agricultural 8 purposes, that area is not considered a baited area or a 9 permanently baited area. 10 A person shall not establish a baited area or place, expose, 11 deposit, distribute, or scatter feed in an area with the 12 intent to prevent or disrupt the hunting activities of another 13 person. A violation of this provision constitutes intentional 14 interference with lawful hunting under Code section 481A.125 15 and is punishable as a simple misdemeanor for a first offense 16 and as a serious misdemeanor for any subsequent offense. A 17 simple misdemeanor is punishable by confinement for no more 18 than 30 days and a fine of at least $105 but not more than $855. 19 A serious misdemeanor is punishable by confinement for no more 20 than one year and a fine of at least $430 but not more than 21 $2,560. 22 For purposes of the bill, “feed” includes any of the 23 following materials that are capable of luring, attracting, 24 or enticing wildlife to a specific location: 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. “Feed” does 28 not include food placed during normal agricultural activities 29 including but not limited to feed placed for livestock that are 30 present and are actively consuming the feed on a regular basis; 31 incidental feeding of wildlife within an active livestock 32 operation; crops planted and left standing as food plots for 33 wildlife; grain or other feed scattered or distributed as a 34 result of normal agricultural, gardening, soil stabilization, 35 -3- LSB 5528XS (4) 90 lh/js 3/ 4

S.F. 2013 or logging practices; or vegetation or other feed that is 1 naturally deposited in an area. A “baited area” is any area 2 where feed is placed, exposed, deposited, distributed, or 3 scattered with the intent to lure, attract, or entice wildlife 4 to a specific location. 5 -4- LSB 5528XS (4) 90 lh/js 4/ 4