blake
Life Member
Iowabowhunters.org
HF 390 ( Sorry about the format but this is a long one)
<span style="color: #CC0000">You need to email or call Rep. Windschitl ( [email protected]). I think the Friends of Iowa have gotten to him. Please read the red high lighted items at the end of email. Want to give nr landowners same rights as res landowners. Please forward to all your hunting friends. </span>
House File 390 - Introduced HOUSE FILE
BY WINDSCHITL Passed House, Date
Passed Senate, Date Vote: Ayes Nays
Vote: Ayes Nays Approved
A BILL FOR 1 An Act relating to hunting by
certain nonresident landowners on 2 land owned by them. 3 BE IT ENACTED BY THE
GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1777YH 83 5 av/nh/8 PAG LIN 1 1
Section 1. Section 481C.2, Code 2009, is amended to read 1 2 as follows: 1 3
481C.2 DUTIES. 1 4 1. The director of the department of natural resources
1 5 shall enter into a memorandum of agreement with the United 1 6 States
department of agriculture, animal damage control 1 7 division. The wild animal
depredation unit shall serve and 1 8 act as the liaison to the department for the
producers owners 1 9 and tenants in the state, as defined in section 483A.24, who
1 10 suffer crop, horticultural product, tree, or nursery damage 1 11 due to wild
animals. 1 12 2. The department shall issue depredation permits to any 1 13
landowner owner or tenant, as defined in section 483A.24, who 1 14 incurs
agricultural crop, horticultural product, tree, or 1 15 nursery damage of one
thousand dollars or more due to wild 1 16 animals. 1 17 3. The criteria for
issuing depredation licenses and 1 18 permits shall be established in
administrative rules in 1 19 consultation with the farmer advisory committee
created in 1 20 section 481A.10A. The administrative rules adopted pursuant 1 21
to this section shall not require a producer an owner or 1 22 tenant to erect or
maintain fencing at a cost exceeding one 1 23 thousand dollars as a requisite for
receiving a depredation 1 24 license or permit or for participation in a
depredation plan. 1 25 Sec. 2. Section 481C.2A, subsections 1, 2, 3, and 7,
Code 1 26 2009, are amended to read as follows: 1 27 1. Deer depredation
licenses shall be available for 1 28 issuance as follows: 1 29 a. Deer
depredation licenses shall be available for 1 30 issuance to resident hunters and
to owners and tenants or 1 31 family members of owners and tenants as defined in
section 1 32 483A.24. 1 33 b. Depredation licenses issued pursuant to this
subsection 1 34 shall be valid to harvest antlerless deer only. Depredation 1 35
licenses that are issued to a landowner and owners and tenants 2 1 or family
members of owners and tenants as defined in section 2 2 483A.24 shall be in
addition to the number of free licenses 2 3 that are available for issuance to
such persons under section 2 4 483A.24. A landowner An owner or tenant or a
family member of 2 5 an owner or tenant may obtain one free depredation license
for 2 6 each deer hunting season that is established by the 2 7 commission.
Deer may be harvested with a rifle pursuant to a 2 8 depredation license in any
area and in any season where the 2 9 commission authorizes the use of rifles. 2
10 c. Licenses issued pursuant to this subsection may be 2 11 issued at any
time to a resident hunter who has permission to 2 12 hunt on the land for which the
license is valid pursuant to 2 13 this subsection. 2 14 d. A producer An owner
or tenant who enters into a 2 15 depredation agreement with the department of
natural resources 2 16 shall be issued a set of authorization numbers. Each 2 17
authorization number authorizes the owner or tenant, a family 2 18 member of the
owner or tenant, or a resident hunter to obtain 2 19 a depredation license that is
valid only for taking antlerless 2 20 deer on the land designated in the producer's
owner's or 2 21 tenant's depredation plan. A producer An owner or tenant may 2 22
transfer an authorization number issued to that producer 2 23 person to a resident
hunter who has permission to hunt on the 2 24 land for which the authorization
number is valid. An 2 25 authorization number shall be valid to obtain a
depredation 2 26 license in any season. The provisions of this paragraph shall 2
27 be implemented by August 15, 2008. A transferee who receives 2 28 an
authorization number pursuant to this paragraph "d" shall 2 29 be otherwise
qualified to hunt deer in this state, have a 2 30 hunting license, pay the wildlife
habitat fee, and pay the one 2 31 dollar fee for the purpose of the deer herd
population 2 32 management program. 2 33 2. Deer shooting permits shall be
available for issuance 2 34 as follows: 2 35 a. Deer shooting permits shall be
available for issuance 3 1 to landowners owners or tenants who incur crop,
horticultural 3 2 product, tree, or nursery damage as provided in section 481C.2
3 3 and shall be available for issuance for use on areas where 3 4 public safety
may be an issue. 3 5 b. Deer shooting permits issued pursuant to this 3 6
subsection shall be valid and may be used outside of 3 7 established deer hunting
seasons. 3 8 3. Notwithstanding section 481C.2, subsection 3, a 3 9 producer
an owner or tenant shall not be required to erect or 3 10 maintain fencing as a
requisite for receiving a deer 3 11 depredation permit or for participation in a
deer depredation 3 12 plan pursuant to this section. 3 13 7. The department
shall conduct outreach programs for 3 14 farmers and farm and commodity
organizations that explain the 3 15 deer depredation management program. The
department shall 3 16 develop, by rule, a master hunter program and maintain a list
3 17 of master hunters who are available to assist producers owners 3 18 or
tenants in the deer depredation management program by 3 19 increasing the harvest
of antlerless deer on the producer's 3 20 owner's or tenant's property. 3 21
Sec. 3. Section 483A.24, subsection 2, paragraph a, Code 3 22 2009, is amended to
read as follows: 3 23 a. As used in this subsection: 3 24 (1) "Family
member" means a resident of Iowa person who is 3 25 the spouse or child of the
owner or tenant and who resides 3 26 with the owner or tenant. 3 27 (2) "Farm
unit" means all parcels of land which are 3 28 certified by the commission pursuant
to rule as meeting all of 3 29 the following requirements: 3 30 (a) Are in
tracts of two or more contiguous acres. 3 31 (b) Are operated as a unit for
agricultural purposes. 3 32 (c) Are under the lawful control of the owner or
the 3 33 tenant. 3 34 (3) "Owner" means an owner of a farm unit who is a 3 35
resident of Iowa and who is one of the following: 4 1 (a) Is the sole operator
of the farm unit. 4 2 (b) Makes all of the farm operation decisions but 4 3
contracts for custom farming or hires labor for all or part of 4 4 the work on the
farm unit. 4 5 (c) Participates annually in farm operation decisions or 4 6
cropping practices on specific fields of the farm unit that 4 7 are rented to a
tenant. 4 8 (d) Raises specialty crops on the farm unit including, but 4 9
not limited to, orchards, nurseries, or tree farms that do not 4 10 always produce
annual income but require annual operating 4 11 decisions about maintenance or
improvement. 4 12 (e) Has all or part of the farm unit enrolled in a 4 13
long=term agricultural land retirement program of the federal 4 14 government. 4
15 (f) An "owner" does not mean a person who owns Owns a farm 4 16 unit and who
employs a farm manager or third party to operate 4 17 the farm unit, or a person
who owns a farm unit and who rents 4 18 the entire farm unit to a tenant who is
responsible for all 4 19 farm operations. However, this paragraph does not apply
to an 4 20 owner who is a parent of the tenant and who resides in this 4 21 state.
4 22 (4) "Tenant" means a person who is a resident of Iowa and 4 23 who rents
and actively farms a farm unit owned by another 4 24 person. A member of the
owner's family may be a tenant. A 4 25 person who works on the farm for a wage and
is not a family 4 26 member does not qualify as a tenant. 4 27
<span style="color: #CC0000"> EXPLANATION 4 28 This bill relates to hunting, particularly deer hunting, by certain nonresident landowners on land owned by them. Code chapter concerning the state's wild animal depredation procedures, is amended to
apply to nonresident owners of farm units as defined in Code section.
The bill provides that depredation licenses and permits, and in particular deer depredation licenses and permits, be available for issuance to and nonresident owners who incur agricultural crop, horticultural product, tree, or nursery damage of $1,000 or more due to wild animals, particularly deer. Deer depredation licenses may be transferred by a resident or nonresident owner or tenant to a resident hunter for use on the land designated in the depredation plan. Deer shooting permits are available to resident and nonresident owners and tenants who incur such
damage, for use on areas where public safety may be an issue, and outside of established deer hunting seasons. Code section 483A.24 is amended to allow a nonresident owner of a farm unit, or a family member of such an owner to hunt, fish, and trap on the farm unit without a license and to obtain special licenses to hunt deer and wild turkey on that farm unit, just as
resident owners and their families do. The bill also changes the definition of "owner" of a farm unit to include a person who owns a farm unit and employs a farm manager or third party to operate the farm unit or who rents the entire farm unit to a tenant who is responsible for all farm operations.
"Farm unit" means all parcels of land which are certified by the natural resource commission as being in tracts of two or more contiguous acres, operated as a unit for agricultural purposes, and under the lawful control of the owner or tenant.</span>
<span style='font-size: 14pt'>United we can make a difference! Please join & Support the IBA </span>>>>>>Details<<<<<
PM
Ron Wyllie
Southwest Iowa IBA Area Representative
[email protected]
