To the IBA,
We will be moving forward again with a wildlife baiting/feeding bill again this year (language below). I would like to know your organization’s position on this bill. Please send me an email with your response and cc those on the list above. If you have any doubts about the need for this I suggest you contact your local conservation officer and ask their opinion of the feeding/baiting issue in Iowa. We are clearly aware that most of the hunting land in Iowa is in private ownership but the wildlife resources belong to everyone.
Dale Garner[DNR]
Section 1. NEW SECTION. 481A.41 Feeding or baiting of
2 wildlife —— hunting on baited areas —— penalty.
3 1. As used in this section, unless the context otherwise
4 requires:
5 a. “Baited area” means an area where any feed is
6 intentionally placed, deposited, distributed, or scattered for
7 the sole purpose of luring, attracting, or enticing wildlife
8 to, on, or over a specific location. An area shall remain a
9 baited area for thirty days following complete removal of all
10 feed, except for salt, minerals, or any other feed that will
11 dissolve and leach into the soil, in which case such area shall
12 be considered a permanently baited area until such time as
13 all contaminated soil is either removed or covered in such a
14 manner that the area no longer serves to artificially attract
15 wildlife.
16 b. “Feed” means any grain, fruit, vegetable, nut, hay,
17 salt, mineral, or any other natural food material, commercial
18 products containing natural food materials or by-products of
19 such materials, or other food material that is capable of
20 luring, attracting, or enticing wildlife. Scents or lures used
21 to mask human odor or attract wildlife by the sense of smell
22 are not considered feed.
23 c. “Livestock” means the same as defined in section 717.1.
24 d. “Wildlife” means any wild bird or wild animal, except
25 fish or turtles, residing in or migrating through the state of
26 Iowa.
27 2. Except as provided in subsection 3, it shall be unlawful
28 for a person to establish or maintain a baited area on any
29 public or private property or for a person who lawfully
30 controls private property to knowingly allow another person to
31 establish or maintain a baited area on that private property.
32 It shall be unlawful for a person to hunt, take, or attempt to
33 take any wildlife on or in a baited area.
34 3. The prohibitions contained in subsection 2 are not
35 applicable to the following:
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1 a. Feed that is used to attract wildlife for viewing and
2 observation if the feed is placed within fifty yards of a
3 residence, dwelling, or other structure permanently inhabited
4 by a person. However, such an area shall be considered a
5 baited area for the purpose of hunting, taking, or attempting
6 to take wildlife in or on that area.
7 b. Feed that is present solely as a result of normal
8 agricultural, forest management, orchard management, wildlife
9 food planting, or other similar land management practices.
10 c. Feed that is placed for agricultural or livestock
11 purposes if one or more of the following conditions apply:
12 (1) The feed is placed for domestic livestock that are
13 present and actively consuming the feed on a regular basis.
14 (2) The feed is stored in a manner consistent with the
15 person’s normal agricultural practices.
16 d. Feed that is placed for purposes including but
17 not limited to population control, capture and handling
18 of wildlife, or other specific purposes under written
19 authorization from the director or the director’s designee,
20 or as otherwise provided by law. This section shall not
21 be construed to limit employees of agencies of the state,
22 the United States, or local animal control officers in the
23 performance of their official duties related to education,
24 public health, wildlife management, or wildlife removal.
25 e. Feed that is placed for the purpose of luring fur-bearing
26 animals for hunting or trapping as permitted by law.
27 f. Feed that is placed within the confines of a whitetail
28 deer hunting preserve that is licensed by the department
29 pursuant to chapter 484C.
30 g. Recreational feeding of waterfowl at federal, state,
31 county, or city parks or refuges if not otherwise prohibited by
32 the managing agency or municipality of such parks or refuges.
33 4. When entering private property, a person who is an
34 official or agent of the department, or a person accompanying
35 such an official or agent of the department, shall comply with
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1 the provisions of section 455B.103. The person shall also
2 comply with standard biosecurity requirements customarily
3 required by the owner of livestock on the property and which
4 are necessary in order to control the spread of disease among a
5 livestock or wildlife population.
6 5. A person who violates any provision of this section
7 is guilty of a simple misdemeanor punishable as a scheduled
8 violation under section 805.8B, subsection 3, paragraph “e”.
9 6. In addition to any other penalties imposed under this
10 section, a person charged with unlawful establishment or
11 maintenance of a baited area shall immediately remove all feed
12 from the baited area. Failure to do so shall constitute an
13 additional violation of this section for each day that the feed
14 remains.
15 Sec. 2. Section 805.8B, subsection 3, paragraph e, Code
16 2011, is amended to read as follows:
17 e. For violations of sections 481A.41, 481A.57, 481A.85,
18 481A.93, 481A.95, 481A.120, 481A.137, 481B.5, 482.3, 482.9,
19 482.15, and 483A.42, the scheduled fine is one hundred dollars.
20 EXPLANATION
21 This bill prohibits the feeding, baiting, or taking of
22 certain wildlife under specified circumstances and makes
23 penalties applicable.
24 New Code section 481A.41 prohibits the establishment
25 or maintenance on any public or private land of a “baited
26 area”, which is created by intentionally placing, depositing,
27 distributing, or scattering feed for the sole purpose of
28 luring, attracting, or enticing wildlife to a specific
29 location. The provision also prohibits a person who lawfully
30 controls private property from knowingly allowing another
31 person to establish or maintain a “baited area” on that private
32 property. The provision also prohibits hunting, taking,
33 or attempting to take wildlife in such an area. There are
34 a number of specific exceptions to the prohibition against
35 feeding or baiting wildlife. A violation of new Code section
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LSB 1309DP (5) 84
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