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Senate File 2013 - IntroducedA Bill ForAn Act 1relating to the baiting of deer on public or private
2property and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 481A.41 Baiting of deer.
21. As used in this section, unless the context otherwise
3requires:
4a. “Baited area” means any area where feed is placed,
5exposed, deposited, distributed, or scattered with the intent
6to lure, attract, or entice wildlife to a specific location.
7b. (1) “Feed” means any of the following materials that
8are capable of luring, attracting, or enticing wildlife to a
9specific location:
10(a) Grain, fruit, vegetables, nuts, hay, salt, mineral
11blocks, or any other natural food materials.
12(b) Commercial products containing natural food materials.
13(c) By-products of materials listed in subparagraph
14division (a) or (b).
15(2) “Feed” does not include any of the following:
16(a) Food placed during normal agricultural activities
17including but not limited to feed placed for livestock that are
18present and are actively consuming the feed on a regular basis.
19(b) Incidental feeding of wildlife within an active
20livestock operation.
21(c) Crops planted and left standing as food plots for
22wildlife.
23(d) Grain or other feed scattered or distributed as a result
24of normal agricultural, gardening, soil stabilization, or
25logging practices.
26(e) Vegetation or other feed that is naturally deposited in
27an area.
282. A person shall not hunt, take, or attempt to take deer
29on or in a baited area.
303. A person shall not place, expose, deposit, distribute,
31or scatter feed on a baited area on any private or public
32property, or knowingly allow another person to place, expose,
33deposit, distribute, or scatter feed on a baited area on
34private property under the person’s ownership or lease in
35the state unless all feed is removed from the baited area at
-1-1least ten days prior to the opening day of the first fall deer
2hunting season. An area remains a baited area for ten days
3following complete removal of all feed from the area, except
4for salt, minerals, or any other feed that will dissolve and
5leach into the soil, in which case the area shall be considered
6a permanently baited area until such time as all contaminated
7soil is removed or until there is no longer evidence that deer
8are artificially attracted to or are accessing the site. A
9person shall not hunt, take, or attempt to take deer within two
10hundred yards of a permanently baited area until such time as
11all contaminated soil is removed from the area or until there
12is no evidence that deer are artificially attracted to or are
13accessing the area.
144. If salt, minerals, or any other feed that will dissolve
15and leach into the soil is placed in an area for agricultural
16purposes, that area shall not be considered a baited area or a
17permanently baited area.
185. A person shall not establish a baited area or place,
19expose, deposit, distribute, or scatter feed in an area with
20the intent to prevent or disrupt the hunting activities of
21another person. A violation of this subsection constitutes a
22violation of section 481A.125.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill prohibits hunting, taking, or attempting to take
27deer on or in a baited area. The bill also provides that
28if a person places feed in a baited area, all feed must be
29removed from that area at least 10 days before the opening
30day of the first fall deer hunting season. An area remains
31a baited area for 10 days following complete removal of all
32feed from the area, except for salt, minerals, or any other
33feed that will dissolve and leach into the soil, in which case
34the area is considered a permanently baited area until such
35time as all contaminated soil is removed or until there is no
-2-1longer evidence that deer are artificially attracted to or are
2accessing the site. A person shall not hunt, take, or attempt
3to take deer within 200 yards of a permanently baited area
4until such time as all contaminated soil is removed from the
5area or until there is no evidence that deer are artificially
6attracted to or are accessing the area.
7If salt, minerals, or any other feed that will dissolve
8and leach into the soil is placed in an area for agricultural
9purposes, that area is not considered a baited area or a
10permanently baited area.
11A person shall not establish a baited area or place, expose,
12deposit, distribute, or scatter feed in an area with the
13intent to prevent or disrupt the hunting activities of another
14person. A violation of this provision constitutes intentional
15interference with lawful hunting under Code section 481A.125
16and is punishable as a simple misdemeanor for a first offense
17and as a serious misdemeanor for any subsequent offense. A
18simple misdemeanor is punishable by confinement for no more
19than 30 days and a fine of at least $105 but not more than $855.
20A serious misdemeanor is punishable by confinement for no more
21than one year and a fine of at least $430 but not more than
22$2,560.
23For purposes of the bill, “feed” includes any of the
24following materials that are capable of luring, attracting,
25or enticing wildlife to a specific location: grain, fruit,
26vegetables, nuts, hay, salt, mineral blocks, or any other
27natural food materials; commercial products containing natural
28food materials; or by-products of such materials. “Feed” does
29not include food placed during normal agricultural activities
30including but not limited to feed placed for livestock that are
31present and are actively consuming the feed on a regular basis;
32incidental feeding of wildlife within an active livestock
33operation; crops planted and left standing as food plots for
34wildlife; grain or other feed scattered or distributed as a
35result of normal agricultural, gardening, soil stabilization,
-3-1or logging practices; or vegetation or other feed that is
2naturally deposited in an area. A “baited area” is any area
3where feed is placed, exposed, deposited, distributed, or
4scattered with the intent to lure, attract, or entice wildlife
5to a specific location.
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2property and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 481A.41 Baiting of deer.
21. As used in this section, unless the context otherwise
3requires:
4a. “Baited area” means any area where feed is placed,
5exposed, deposited, distributed, or scattered with the intent
6to lure, attract, or entice wildlife to a specific location.
7b. (1) “Feed” means any of the following materials that
8are capable of luring, attracting, or enticing wildlife to a
9specific location:
10(a) Grain, fruit, vegetables, nuts, hay, salt, mineral
11blocks, or any other natural food materials.
12(b) Commercial products containing natural food materials.
13(c) By-products of materials listed in subparagraph
14division (a) or (b).
15(2) “Feed” does not include any of the following:
16(a) Food placed during normal agricultural activities
17including but not limited to feed placed for livestock that are
18present and are actively consuming the feed on a regular basis.
19(b) Incidental feeding of wildlife within an active
20livestock operation.
21(c) Crops planted and left standing as food plots for
22wildlife.
23(d) Grain or other feed scattered or distributed as a result
24of normal agricultural, gardening, soil stabilization, or
25logging practices.
26(e) Vegetation or other feed that is naturally deposited in
27an area.
282. A person shall not hunt, take, or attempt to take deer
29on or in a baited area.
303. A person shall not place, expose, deposit, distribute,
31or scatter feed on a baited area on any private or public
32property, or knowingly allow another person to place, expose,
33deposit, distribute, or scatter feed on a baited area on
34private property under the person’s ownership or lease in
35the state unless all feed is removed from the baited area at
-1-1least ten days prior to the opening day of the first fall deer
2hunting season. An area remains a baited area for ten days
3following complete removal of all feed from the area, except
4for salt, minerals, or any other feed that will dissolve and
5leach into the soil, in which case the area shall be considered
6a permanently baited area until such time as all contaminated
7soil is removed or until there is no longer evidence that deer
8are artificially attracted to or are accessing the site. A
9person shall not hunt, take, or attempt to take deer within two
10hundred yards of a permanently baited area until such time as
11all contaminated soil is removed from the area or until there
12is no evidence that deer are artificially attracted to or are
13accessing the area.
144. If salt, minerals, or any other feed that will dissolve
15and leach into the soil is placed in an area for agricultural
16purposes, that area shall not be considered a baited area or a
17permanently baited area.
185. A person shall not establish a baited area or place,
19expose, deposit, distribute, or scatter feed in an area with
20the intent to prevent or disrupt the hunting activities of
21another person. A violation of this subsection constitutes a
22violation of section 481A.125.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill prohibits hunting, taking, or attempting to take
27deer on or in a baited area. The bill also provides that
28if a person places feed in a baited area, all feed must be
29removed from that area at least 10 days before the opening
30day of the first fall deer hunting season. An area remains
31a baited area for 10 days following complete removal of all
32feed from the area, except for salt, minerals, or any other
33feed that will dissolve and leach into the soil, in which case
34the area is considered a permanently baited area until such
35time as all contaminated soil is removed or until there is no
-2-1longer evidence that deer are artificially attracted to or are
2accessing the site. A person shall not hunt, take, or attempt
3to take deer within 200 yards of a permanently baited area
4until such time as all contaminated soil is removed from the
5area or until there is no evidence that deer are artificially
6attracted to or are accessing the area.
7If salt, minerals, or any other feed that will dissolve
8and leach into the soil is placed in an area for agricultural
9purposes, that area is not considered a baited area or a
10permanently baited area.
11A person shall not establish a baited area or place, expose,
12deposit, distribute, or scatter feed in an area with the
13intent to prevent or disrupt the hunting activities of another
14person. A violation of this provision constitutes intentional
15interference with lawful hunting under Code section 481A.125
16and is punishable as a simple misdemeanor for a first offense
17and as a serious misdemeanor for any subsequent offense. A
18simple misdemeanor is punishable by confinement for no more
19than 30 days and a fine of at least $105 but not more than $855.
20A serious misdemeanor is punishable by confinement for no more
21than one year and a fine of at least $430 but not more than
22$2,560.
23For purposes of the bill, “feed” includes any of the
24following materials that are capable of luring, attracting,
25or enticing wildlife to a specific location: grain, fruit,
26vegetables, nuts, hay, salt, mineral blocks, or any other
27natural food materials; commercial products containing natural
28food materials; or by-products of such materials. “Feed” does
29not include food placed during normal agricultural activities
30including but not limited to feed placed for livestock that are
31present and are actively consuming the feed on a regular basis;
32incidental feeding of wildlife within an active livestock
33operation; crops planted and left standing as food plots for
34wildlife; grain or other feed scattered or distributed as a
35result of normal agricultural, gardening, soil stabilization,
-3-1or logging practices; or vegetation or other feed that is
2naturally deposited in an area. A “baited area” is any area
3where feed is placed, exposed, deposited, distributed, or
4scattered with the intent to lure, attract, or entice wildlife
5to a specific location.
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