SF 114 (LSB 2142XS (1) 91)

SENATE FILE 114

BY  DRISCOLL

A BILL FOR

An Act relating to the baiting of deer on public or private property and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  481A.41  Baiting of deer.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Baited area” means any area where feed is placed, exposed, deposited, distributed, or scattered with the intent to lure, attract, or entice wildlife to a specific location. 
   b.  (1)  “Feed” means any of the following materials that are capable of luring, attracting, or enticing wildlife to a specific location:
   (a)  Grain, fruit, vegetables, nuts, hay, salt, mineral blocks, or any other natural food materials.
   (b)  Commercial products containing natural food materials.
   (c)  By-products of materials listed in subparagraph division (a) or (b).
   (2)  “Feed” does not include any of the following:
   (a)  Food placed during normal agricultural activities including but not limited to feed placed for livestock that are present and are actively consuming the feed on a regular basis.
   (b)  Incidental feeding of wildlife within an active livestock operation.
   (c)  Crops planted and left standing as food plots for wildlife.
   (d)  Grain or other feed scattered or distributed as a result of normal agricultural, gardening, soil stabilization, or logging practices.
   (e)  Vegetation or other feed that is naturally deposited in an area.
   2.  A person shall not hunt, take, or attempt to take deer on or in a baited area.
   3.  A person shall not place, expose, deposit, distribute, or scatter feed on a baited area on any private or public property, or knowingly allow another person to place, expose, deposit, distribute, or scatter feed on a baited area on private property under the person’s ownership or lease in the state unless all feed is removed from the baited area at least ten days prior to the opening day of the first fall deer hunting season. An area remains a baited area for ten days following complete removal of all feed from the area, except for salt, minerals, or any other feed that will dissolve and leach into the soil, in which case the area shall be considered a permanently baited area until such time as all contaminated soil is removed or until there is no longer evidence that deer are artificially attracted to or are accessing the site. A person shall not hunt, take, or attempt to take deer within two hundred yards of a permanently baited area until such time as all contaminated soil is removed from the area or until there is no evidence that deer are artificially attracted to or are accessing the area.
   4.  If salt, minerals, or any other feed that will dissolve and leach into the soil is placed in an area for agricultural purposes, that area shall not be considered a baited area or a permanently baited area.
   5.  A person shall not establish a baited area or place, expose, deposit, distribute, or scatter feed in an area with the intent to prevent or disrupt the hunting activities of another person. A violation of this subsection constitutes a violation of section 481A.125.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits hunting, taking, or attempting to take deer on or in a baited area. The bill also provides that if a person places feed in a baited area, all feed must be removed from that area at least 10 days before the opening day of the first fall deer hunting season. An area remains a baited area for 10 days following complete removal of all feed from the area, except for salt, minerals, or any other feed that will dissolve and leach into the soil, in which case the area is considered a permanently baited area until such time as all contaminated soil is removed or until there is no longer evidence that deer are artificially attracted to or are accessing the site. A person shall not hunt, take, or attempt to take deer within 200 yards of a permanently baited area until such time as all contaminated soil is removed from the area or until there is no evidence that deer are artificially attracted to or are accessing the area. 
   If salt, minerals, or any other feed that will dissolve and leach into the soil is placed in an area for agricultural purposes, that area is not considered a baited area or a permanently baited area.
   A person shall not establish a baited area or place, expose, deposit, distribute, or scatter feed in an area with the intent to prevent or disrupt the hunting activities of another person. A violation of this provision constitutes intentional interference with lawful hunting under Code section 481A.125 and is punishable as a simple misdemeanor for a first offense and as a serious misdemeanor for any subsequent offense. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560.
   For purposes of the bill, “feed” includes any of the following materials that are capable of luring, attracting, or enticing wildlife to a specific location: grain, fruit, vegetables, nuts, hay, salt, mineral blocks, or any other natural food materials; commercial products containing natural food materials; or by-products of such materials. “Feed” does not include food placed during normal agricultural activities including but not limited to feed placed for livestock that are present and are actively consuming the feed on a regular basis; incidental feeding of wildlife within an active livestock operation; crops planted and left standing as food plots for wildlife; grain or other feed scattered or distributed as a result of normal agricultural, gardening, soil stabilization, or logging practices; or vegetation or other feed that is naturally deposited in an area. A “baited area” is any area where feed is placed, exposed, deposited, distributed, or scattered with the intent to lure, attract, or entice wildlife to a specific location.