Senate File 206 - Reprinted



                                 SENATE FILE       
                                 BY  COMMITTEE ON NATURAL RESOURCES
                                     AND ENVIRONMENT

                                 (SUCCESSOR TO SSB 1147)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to deer population management and providing
  2    penalties and appropriations.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2270SV 81
  5 av/sh/8

PAG LIN



  1  1    Section 1.  Section 170.1, subsection 4, Code 2005, is
  1  2 amended to read as follows:
  1  3    4.  "Farm deer" means an animal belonging to the cervidae
  1  4 family and classified as part of the dama species of the dama
  1  5 genus, commonly referred to as fallow deer; part of the
  1  6 elaphus species of the cervus genus, commonly referred to as
  1  7 red deer or elk; part of the virginianus species of the
  1  8 odocoileus genus, commonly referred to as whitetail; part of
  1  9 the hemionus species of the odocoileus genus, commonly
  1 10 referred to as mule deer; or part of the nippon species of the
  1 11 cervus genus, commonly referred to as sika.  However, a farm
  1 12 deer does not include any unmarked free=ranging elk, whitetail
  1 13 deer, or mule deer, or whitetail deer on hunting preserves
  1 14 regulated under chapter 484B.
  1 15    Sec. 2.  Section 483A.1, subsection 2, paragraph c, Code
  1 16 2005, is amended to read as follows:
  1 17    c.  Hunting license, eighteen years of age or older
  1 18 .................................................. $      80.00
  1 19                                                          100.00
  1 20    Sec. 3.  Section 483A.1, subsection 2, paragraphs f through
  1 21 u, Code 2005, are amended to read as follows:
  1 22    f.  Deer hunting license, antlerless deer only, required
  1 23 with the purchase of an antlered or any sex deer hunting license
  1 24 ................................................... $    100.00
  1 25    f.  g.  Deer hunting license, antlerless deer only
  1 26 .................................................. $     150.00
  1 27    g.  h.  Wild turkey hunting license ........... $     100.00
  1 28    h.  i.  Fur harvester license ................. $     200.00
  1 29    i.  j.  Fur dealer license .................... $     501.00
  1 30    j.  k.  Location permit for fur dealers ....... $      56.00
  1 31    k.  l.  Aquaculture unit license .............. $      56.00
  1 32    l.  m.  Retail bait dealer license ............ $     125.00
  1 33 or the amount for the same type of license in
  1 34 the nonresident's state, whichever is greater
  1 35    m.  n.  Trout fishing fee ..................... $      13.00
  2  1    n.  o.  Game breeder license .................. $      26.00
  2  2    o.  p.  Taxidermy license ..................... $      26.00
  2  3    p.  q.  Falconry license ...................... $      26.00
  2  4    q.  r.  Wildlife habitat fee .................. $       8.00
  2  5    r.  s.  Migratory game bird fee ............... $       8.00
  2  6    s.  t.  Fishing license, three=day ............ $      15.50
  2  7    t.  u.  Wholesale bait dealer license ......... $     250.00
  2  8 or the amount for the same type of license in
  2  9 the nonresident's state, whichever is greater
  2 10    u.  v.  Fishing license, one=day .............. $       8.50
  2 11    Sec. 4.  Section 483A.8, subsections 1, 3, and 6, Code
  2 12 2005, are amended to read as follows:
  2 13    1.  A resident hunting deer who is required to have a
  2 14 hunting license must have a resident hunting license in
  2 15 addition to the deer hunting license and must pay the wildlife
  2 16 habitat fee.  In addition, a resident who purchases a deer
  2 17 hunting license shall pay a one dollar fee that shall be used
  2 18 and is appropriated for the purpose of deer herd population
  2 19 management, including assisting with the cost of processing
  2 20 deer donated to the help us stop hunger program administered
  2 21 by the commission.
  2 22    3.  a.  A nonresident hunting deer is required to have a
  2 23 nonresident hunting license and a nonresident deer license and
  2 24 must pay the wildlife habitat fee.  In addition, a nonresident
  2 25 who purchases a deer hunting license shall pay a one dollar
  2 26 fee that shall be used and is appropriated for the purpose of
  2 27 deer herd population management, including assisting with the
  2 28 cost of processing deer donated to the help us stop hunger
  2 29 program administered by the commission.
  2 30    b.  A nonresident who purchases an antlered or any sex deer
  2 31 hunting license pursuant to section 483A.1, subsection 2,
  2 32 paragraph "e", is required to purchase an antlerless deer only
  2 33 deer hunting license at the same time, pursuant to section
  2 34 483A.1, subsection 2, paragraph "f".
  2 35    c.  The commission shall annually limit to eight six
  3  1 thousand five hundred licenses the number of nonresidents
  3  2 allowed to have antlered or any sex deer hunting licenses.  Of
  3  3 the first six thousand nonresident antlered or any sex deer
  3  4 licenses issued, not more than thirty=five percent of the
  3  5 licenses shall be bow season licenses and, after.  After the
  3  6 first six thousand antlered or any sex nonresident deer
  3  7 licenses have been issued, all additional licenses shall be
  3  8 issued for antlerless deer only.  The commission shall
  3  9 annually determine the number of nonresident antlerless deer
  3 10 only deer hunting licenses that will be available for
  3 11 issuance.
  3 12    d.  The commission shall allocate the all nonresident deer
  3 13 hunting licenses issued among the zones based on the
  3 14 populations of deer.  However, a nonresident applicant may
  3 15 request one or more hunting zones, in order of preference, in
  3 16 which the applicant wishes to hunt.  If the request cannot be
  3 17 fulfilled, the applicable fees shall be returned to the
  3 18 applicant.  A nonresident applying for a deer hunting license
  3 19 must exhibit proof of having successfully completed a hunter
  3 20 safety and ethics education program as provided in section
  3 21 483A.27 or its equivalent as determined by the department
  3 22 before the license is issued.
  3 23    6.  The commission shall provide by rule for the annual
  3 24 issuance to a nonresident of a nonresident antlerless deer
  3 25 hunting license that is valid for use only during the period
  3 26 beginning on December 24, 2003, and ending at sunset on
  3 27 January 2, 2004 of the following year, and costs fifty
  3 28 dollars.  A nonresident hunting deer with a license issued
  3 29 under this subsection shall be otherwise qualified to hunt
  3 30 deer in this state and shall have a nonresident hunting
  3 31 license, and pay the wildlife habitat fee, and pay the one
  3 32 dollar fee for the purpose of deer herd population management
  3 33 as provided in subsection 3.  Pursuant to this subsection, the
  3 34 commission shall make available for issuance only the
  3 35 remaining nonresident antlerless deer hunting licenses
  4  1 allocated under subsection 3 that have not yet been issued for
  4  2 the 2003==2004 current year's nonresident antlerless deer
  4  3 hunting seasons.
  4  4    Sec. 5.  NEW SECTION.  483A.8A  DEER HARVEST REPORTING
  4  5 SYSTEM.
  4  6    1.  The commission shall provide, by rule, for the
  4  7 establishment of a deer harvest reporting system for the
  4  8 purpose of collecting information from deer hunters concerning
  4  9 the deer population in this state.  Each person who is issued
  4 10 a deer hunting license in this state shall report such
  4 11 information pursuant to this section as is required by the
  4 12 commission by rule.
  4 13    2.  A nonresident deer hunter who violates this section
  4 14 shall not be issued another deer hunting license for the next
  4 15 year until after all other nonresident applications for deer
  4 16 hunting licenses have been fulfilled and then only if such
  4 17 licenses allocated remain available for issuance.
  4 18    Sec. 6.  Section 483A.24, subsection 2, paragraph a,
  4 19 subparagraph (2), Code 2005, is amended to read as follows:
  4 20    (2)  "Farm unit" means all parcels of land which are
  4 21 certified by the commission pursuant to rule as meeting all of
  4 22 the following requirements:
  4 23    (a)  Are in tracts of ten acres or more, not necessarily
  4 24 contiguous,.
  4 25    (b)  which are Are operated as a unit for agricultural
  4 26 purposes and which are.
  4 27    (c)  Are under the lawful control of the owner or the
  4 28 tenant.
  4 29    The commission shall adopt rules establishing a procedure
  4 30 for the certification of parcels of land as farm units for the
  4 31 purposes of this subsection.
  4 32    Sec. 7.  Section 483A.24, subsection 2, paragraph b, Code
  4 33 2005, is amended to read as follows:
  4 34    b.  Upon written application on forms furnished by the
  4 35 department, the department shall issue annually without fee
  5  1 one deer or one wild turkey license, or both, to the owner of
  5  2 a farm unit or to a member of the owner's family, but not to
  5  3 both, and to the tenant or to a member of the tenant's family,
  5  4 but not to both.  The deer hunting license or wild turkey
  5  5 hunting license issued shall be valid only on the farm unit
  5  6 for which an applicant qualifies pursuant to this subsection
  5  7 and shall be equivalent to the least restrictive license
  5  8 issued under section 481A.38.  The owner or the tenant need
  5  9 not reside on the farm unit to qualify for a free license to
  5 10 hunt on that farm unit.  A free deer hunting license issued
  5 11 pursuant to this subsection shall be valid during all shotgun
  5 12 deer seasons.
  5 13    Sec. 8.  Section 483A.24, subsection 2, Code 2005, is
  5 14 amended by adding the following new paragraph:
  5 15    NEW PARAGRAPH.  c.  Upon written application on forms
  5 16 furnished by the department, the department shall issue
  5 17 annually without fee two deer hunting licenses, one antlered
  5 18 or any sex deer hunting license and one antlerless deer only
  5 19 deer hunting license, to the owner of a farm unit or a member
  5 20 of the owner's family, but only a total of two licenses for
  5 21 both, and to the tenant of a farm unit or a member of the
  5 22 tenant's family, but only a total of two licenses for both.
  5 23 The deer hunting licenses issued shall be valid only for use
  5 24 on the farm unit for which the applicant applies pursuant to
  5 25 this paragraph.  The owner or the tenant need not reside on
  5 26 the farm unit to qualify for the free deer hunting licenses to
  5 27 hunt on that farm unit.  The free deer hunting licenses issued
  5 28 pursuant to this paragraph shall be valid and may be used
  5 29 during any shotgun deer season.  The licenses may be used to
  5 30 harvest deer in two different seasons.  In addition, a person
  5 31 who receives a free deer hunting license pursuant to this
  5 32 paragraph shall pay a one dollar fee for each license that
  5 33 shall be used and is appropriated for the purpose of assisting
  5 34 with the cost of processing deer donated to the help us stop
  5 35 hunger program administered by the commission.
  6  1    Sec. 9.  Section 483A.24, subsection 2, paragraphs c and d,
  6  2 Code 2005, are amended to read as follows:
  6  3    c.  d.  In addition to the free deer hunting license
  6  4 licenses received pursuant to paragraph "c", an owner of a
  6  5 farm unit or a member of the owner's family and the tenant or
  6  6 a member of the tenant's family may purchase a deer hunting
  6  7 license for any option offered to paying deer hunting
  6  8 licensees.  An owner of a farm unit or a member of the owner's
  6  9 family and the tenant or a member of the tenant's family may
  6 10 also purchase two additional antlerless deer hunting licenses
  6 11 which are valid only on the farm unit for a fee of ten dollars
  6 12 each.
  6 13    d.  e.  If the commission establishes a deer hunting season
  6 14 to occur in the first quarter of a calendar year that is
  6 15 separate from a deer hunting season that continues from the
  6 16 last quarter of the preceding calendar year, each owner and
  6 17 each tenant of a farm unit located within a zone where a deer
  6 18 hunting season is established, upon application, shall be
  6 19 issued a free deer hunting license for each of the two
  6 20 calendar quarters.  Each license is valid only for hunting on
  6 21 the farm unit of the owner and tenant.
  6 22    Sec. 10.  NEW SECTION.  483A.24B  SPECIAL DEER HUNTS ==
  6 23 INTENT == PENALTY.
  6 24    It is the intent of the general assembly that the
  6 25 department shall administer and enforce the administrative
  6 26 rules concerning special deer hunts promulgated pursuant to
  6 27 sections 481A.38 and 481A.39.  A person violating such rules
  6 28 is guilty of a simple misdemeanor punishable as a scheduled
  6 29 violation as provided in section 483A.42.
  6 30    Sec. 11.  NEW SECTION.  483A.24C  DEER DEPREDATION
  6 31 MANAGEMENT AGREEMENTS == PERMITS.
  6 32    It is the intent of the general assembly that the
  6 33 department shall administer and enforce the administrative
  6 34 rules concerning deer depredation that are contained in 571
  6 35 IAC chapter 106.
  7  1    Sec. 12.  Section 483A.24A, Code 2005, is repealed.
  7  2 SF 206
  7  3 av:nh/cc/26