Bill Text: IA HF177 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to the keeping of farm deer and preserve whitetail and including penalties and applicability provisions.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [HF177 Detail]
Download: Iowa-2013-HF177-Introduced.html
House
File
177
-
Introduced
HOUSE
FILE
177
BY
HANSON
,
GASKILL
,
HALL
,
THEDE
,
WESSEL-KROESCHELL
,
and
KELLEY
A
BILL
FOR
An
Act
relating
to
the
keeping
of
farm
deer
and
preserve
1
whitetail
and
including
penalties
and
applicability
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1249YH
(10)
85
av/sc
H.F.
177
DIVISION
I
1
FARM
DEER
2
Section
1.
Section
170.1,
subsection
5,
Code
2013,
is
3
amended
to
read
as
follows:
4
5.
“Fence”
“Fencing”
means
a
boundary
perimeter
fence
and
a
5
secondary
fence
which
encloses
farm
deer
within
a
landowner’s
6
property
as
required
to
be
constructed
and
maintained
pursuant
7
to
section
170.4
.
8
Sec.
2.
Section
170.2,
subsection
2,
paragraph
b,
Code
2013,
9
is
amended
to
read
as
follows:
10
b.
Advise
the
department
about
the
administration
and
11
enforcement
of
this
chapter
,
including
but
not
limited
to
12
consulting
with
the
department
regarding
the
rules
adopted
13
under
this
chapter
,
the
registration
of
landowners,
the
14
certification
of
fences
fencing
,
and
disciplinary
actions.
15
However,
the
council
shall
not
control
policy
decisions
or
16
direct
the
administration
or
enforcement
of
this
chapter
.
17
Sec.
3.
Section
170.3,
subsection
1,
Code
2013,
is
amended
18
to
read
as
follows:
19
1.
Farm
deer
are
livestock
as
provided
in
this
title
and
20
are
principally
subject
to
regulation
by
the
department
of
21
agriculture
and
land
stewardship,
and
also
the
department
of
22
natural
resources
as
specifically
provided
in
this
chapter
.
23
The
regulations
adopted
by
the
department
of
agriculture
and
24
land
stewardship
may
shall
include
but
are
not
limited
to
25
providing
for
the
importation,
transportation,
and
disease
26
control
of
farm
deer
and
for
fencing
certification
and
27
registration
requirements
under
this
chapter
.
The
department
28
of
natural
resources
shall
not
require
that
the
landowner
be
29
issued
a
license
or
permit
for
keeping
farm
deer
or
for
the
30
construction
of
a
fence
fencing
for
keeping
farm
deer.
31
Sec.
4.
Section
170.3A,
Code
2013,
is
amended
to
read
as
32
follows:
33
170.3A
Chronic
wasting
disease
control
program
——
testing
.
34
1.
The
department
shall
establish
and
administer
a
chronic
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wasting
disease
control
program
for
the
control
of
chronic
1
wasting
disease
which
threatens
farm
deer.
The
program
shall
2
include
procedures
for
the
inspection
and
testing
of
farm
deer,
3
responses
to
reported
cases
of
chronic
wasting
disease,
and
4
methods
to
ensure
that
owners
of
farm
deer
may
engage
in
the
5
movement
and
sale
of
farm
deer.
6
2.
Farm
deer
that
die
or
are
sent
for
slaughter
shall
7
be
tested
for
chronic
wasting
disease
as
set
forth
in
rules
8
adopted
by
the
department.
The
landowner
who
keeps
such
farm
9
deer
shall
pay
the
full
cost
of
the
testing.
10
Sec.
5.
Section
170.3B,
Code
2013,
is
amended
to
read
as
11
follows:
12
170.3B
Farm
deer
administration
Registration
and
fee
——
proof
13
of
financial
responsibility
.
14
1.
The
department
may
establish
a
farm
deer
administration
A
15
landowner
who
keeps
farm
deer
under
this
chapter
shall
annually
16
register
with
the
department
by
June
30.
A
landowner
shall
not
17
be
registered
under
this
section
unless
the
landowner
meets
the
18
applicable
fencing
certification
and
other
requirements
of
this
19
chapter.
If
a
landowner
meets
the
applicable
certification
and
20
other
requirements
of
this
chapter,
the
landowner
shall
pay
the
21
department
a
registration
fee
which
shall
be
annually
imposed
22
on
each
landowner
who
keeps
farm
deer
in
this
state.
The
23
amount
of
the
fee
shall
not
exceed
two
hundred
be
five
thousand
24
dollars
per
year.
The
fee
shall
be
collected
by
the
department
25
in
a
manner
specified
by
rules
adopted
by
the
department
after
26
consulting
with
the
farm
deer
council
established
in
section
27
170.2
.
The
collected
fees
shall
be
credited
to
the
farm
deer
28
administration
fund
created
pursuant
to
section
170.3C
.
29
2.
a.
An
initial
application
for
registration
under
30
subsection
1
shall
be
accompanied
by
a
surety
or
cash
31
performance
bond
in
conformity
with
rules
adopted
by
the
32
department,
in
the
principal
amount
of
a
minimum
of
one
hundred
33
thousand
dollars.
The
bond
shall
be
executed
by
a
surety
34
company
authorized
to
do
business
in
this
state,
and
the
bond
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shall
be
continuous
in
nature
until
canceled
by
the
surety
with
1
not
less
than
sixty
days’
written
notice
to
both
the
landowner
2
and
to
the
department.
The
notice
shall
indicate
the
surety’s
3
intent
to
cancel
the
bond
on
a
date
at
least
sixty
days
after
4
the
date
of
the
notice.
5
b.
The
bond
shall
be
payable
to
the
state
to
indemnify
the
6
state
for
any
costs
that
may
be
incurred
in
the
event
that
a
7
confirmed
case
of
chronic
wasting
disease
is
found
in
farm
deer
8
kept
by
the
applicant
who
purchased
the
bond.
9
Sec.
6.
Section
170.3C,
subsection
1,
Code
2013,
is
amended
10
to
read
as
follows:
11
1.
The
fund
shall
be
composed
of
moneys
appropriated
by
12
the
general
assembly
and
moneys
available
to
and
obtained
or
13
accepted
by
the
department
from
the
United
States
or
private
14
sources
for
placement
in
the
fund.
The
fund
shall
include
all
15
moneys
collected
from
the
farm
deer
administration
registration
16
fee
as
provided
in
section
170.3B
and
penalties
assessed
17
pursuant
to
section
170.8,
subsection
2
.
18
Sec.
7.
Section
170.4,
Code
2013,
is
amended
to
read
as
19
follows:
20
170.4
Requirements
for
keeping
whitetail
——
fence
fencing
21
certification.
22
A
landowner
shall
not
keep
whitetail
as
farm
deer,
unless
the
23
whitetail
is
kept
on
land
which
is
enclosed
by
a
double
fence
,
24
which
includes
a
perimeter
fence
around
the
enclosed
area
and
25
a
secondary
fence
that
is
a
minimum
of
thirty
feet
inside
the
26
perimeter
fence
.
The
fence
fences
must
be
constructed
and
27
maintained
as
prescribed
by
rules
adopted
by
the
department.
A
28
landowner
shall
not
keep
the
whitetail
unless
the
fence
fencing
29
is
certified
in
a
manner
and
according
to
procedures
required
30
by
the
department.
The
fence
fences
shall
be
constructed
and
31
maintained
to
ensure
that
whitetail
are
kept
in
the
enclosure
32
and
that
other
deer
are
excluded
from
the
enclosure.
A
fence
33
that
is
constructed
on
or
after
May
23,
2003,
The
fences
shall
34
be
at
least
eight
ten
feet
in
height
above
ground
level.
The
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department
of
agriculture
and
land
stewardship
may
shall
1
require
that
the
fence
is
fencing
be
inspected
and
approved
2
prior
to
certification.
The
department
of
natural
resources
3
may
periodically
inspect
the
fence
fencing
according
to
4
appointment
with
the
enclosure’s
landowner.
5
Sec.
8.
NEW
SECTION
.
170.4A
Missing
or
escaped
farm
deer.
6
A
landowner
who
keeps
farm
deer
shall
notify
the
department
7
within
forty-eight
hours
of
discovering
that
a
farm
deer
has
8
escaped
or
is
missing
from
enclosed
land.
A
farm
deer
that
9
has
escaped
or
is
missing
from
enclosed
land
for
more
than
ten
10
days
shall
be
subject
to
the
jurisdiction
of
the
department
of
11
natural
resources.
12
Sec.
9.
Section
170.5,
subsection
1,
paragraph
a,
Code
2013,
13
is
amended
to
read
as
follows:
14
a.
A
statement
verifying
that
the
fence
which
encloses
15
the
land
is
certified
by
landowner
is
registered
with
the
16
department
of
agriculture
and
land
stewardship
pursuant
to
17
section
170.4
170.3B
.
18
Sec.
10.
Section
170.6,
Code
2013,
is
amended
to
read
as
19
follows:
20
170.6
Disciplinary
proceedings.
21
1.
The
department
of
agriculture
and
land
stewardship
may
22
suspend
or
revoke
a
certification
registration
issued
pursuant
23
to
section
170.4
170.3B
if
the
department
determines
that
a
24
landowner
has
done
any
of
the
following:
25
a.
Provided
false
information
to
the
department
in
an
26
application
for
certification
registration
pursuant
to
section
27
170.4
170.3B
.
28
b.
Failed
to
provide
notice
or
access
to
the
department
of
29
natural
resources
and
the
department
of
agriculture
and
land
30
stewardship
as
required
by
section
170.5
.
31
c.
Failed
to
maintain
a
fence
fencing
enclosing
the
land
32
where
a
whitetail
is
kept
as
required
in
section
170.4
.
33
d.
Forces
or
lures
Forced
or
lured
a
whitetail
that
is
34
property
of
the
state
onto
the
enclosed
land.
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e.
Restrains
or
inhibits
Restrained
or
inhibited
a
whitetail
1
that
is
property
of
the
state
from
leaving
the
enclosed
land.
2
f.
Takes
Taken
a
whitetail
that
is
property
of
the
state
3
which
is
enclosed
on
the
property
in
violation
of
a
chapter
in
4
Title
XI,
subtitle
6
.
5
g.
Falsely
claimed
that
a
farm
deer
died
or
was
sent
for
6
slaughter
when
the
farm
deer
escaped
or
was
otherwise
sold.
7
h.
Failed
to
maintain
proof
of
financial
responsibility
as
8
required
in
section
170.3B.
9
2.
If
the
department
suspends
a
landowner’s
certification
10
registration
,
the
landowner
shall
not
release
additional
11
whitetail
onto
the
enclosed
land,
unless
otherwise
provided
12
in
the
department’s
order
for
suspension.
If
the
department
13
revokes
a
landowner’s
certification
registration
under
this
14
section
,
the
landowner
shall
provide
for
the
disposition
of
the
15
enclosed
whitetail
by
any
lawful
means.
16
Sec.
11.
Section
170.8,
Code
2013,
is
amended
to
read
as
17
follows:
18
170.8
Penalties.
19
1.
A
person
is
guilty
of
taking
a
whitetail
in
violation
of
20
section
481A.48
if
the
whitetail
is
on
the
land
enclosed
by
a
21
fence
fencing
required
to
be
certified
as
provided
in
section
22
170.4
and
the
person
does
any
of
the
following:
23
1.
a.
Forces
or
lures
a
whitetail
that
is
property
of
the
24
state
onto
the
enclosed
land.
25
2.
b.
Restrains
or
inhibits
a
whitetail
that
is
property
of
26
the
state
from
leaving
the
enclosed
land.
27
3.
c.
Takes
a
whitetail
that
is
property
of
the
state
that
28
is
within
the
enclosure
in
violation
of
a
chapter
in
Title
XI,
29
subtitle
6
.
30
2.
A
person
who
falsely
claims
that
a
farm
deer
died
or
31
was
sent
for
slaughter
when
the
farm
deer
escaped
or
was
32
otherwise
sold
is
subject
to
a
civil
penalty
of
five
thousand
33
dollars.
The
civil
penalty
shall
be
deposited
in
the
farm
deer
34
administration
fund
created
in
section
170.3C.
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Sec.
12.
APPLICABILITY.
1
1.
The
section
of
this
Act
amending
section
170.4
applies
to
2
fencing
that
is
newly
constructed
on
or
after
July
1,
2013.
3
2.
The
section
of
this
Act
amending
section
170.4
is
4
applicable
on
or
after
July
1,
2014,
to
fences
constructed
5
before
July
1,
2013,
and
in
existence
on
July
1,
2014.
6
DIVISION
II
7
PRESERVE
WHITETAIL
8
Sec.
13.
Section
484C.1,
subsection
5,
Code
2013,
is
amended
9
to
read
as
follows:
10
5.
“Fence”
“Fencing”
means
a
boundary
perimeter
fence
and
11
a
secondary
fence
which
encloses
preserve
whitetail
within
12
a
landowner’s
property
as
required
to
be
constructed
and
13
maintained
pursuant
to
this
chapter
.
14
Sec.
14.
Section
484C.5,
subsection
1,
unnumbered
paragraph
15
1,
Code
2013,
is
amended
to
read
as
follows:
16
A
hunting
preserve
must
include
at
least
three
hundred
17
twenty
contiguous
acres
which
are
enclosed
by
a
fence
fencing
18
certified
pursuant
to
section
484C.6
.
However,
the
hunting
19
preserve
may
include
a
fewer
number
of
enclosed
acres
if
any
of
20
the
following
applies:
21
Sec.
15.
Section
484C.6,
Code
2013,
is
amended
to
read
as
22
follows:
23
484C.6
Fencing
——
certification
Fencing
certification
——
24
identification
of
animals
.
25
1.
a.
A
fence
Fencing
required
to
enclose
preserve
26
whitetail
under
section
484C.5
must
be
constructed
and
27
maintained
as
prescribed
by
rules
adopted
by
the
department
28
and
as
certified
by
the
department.
The
fence
fencing
shall
29
be
constructed
and
maintained
to
ensure
that
the
preserve
30
whitetail
are
kept
in
the
enclosure
and
all
other
whitetail
are
31
excluded
from
the
enclosure.
32
2.
b.
A
fence
Fencing
that
was
certified
by
the
department
33
of
agriculture
and
land
stewardship
pursuant
to
chapter
170
34
prior
to
July
1,
2005,
shall
be
certified
by
the
department
of
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natural
resources.
1
3.
c.
A
fence
A
hunting
preserve
shall
be
enclosed
by
2
a
double
fence,
which
includes
a
perimeter
fence
around
the
3
enclosed
area
and
a
secondary
fence
that
is
a
minimum
of
thirty
4
feet
inside
the
perimeter
fence.
The
fences
shall
be
at
least
5
eight
ten
feet
in
height
above
ground
level.
The
enclosure
6
perimeter
fence
shall
be
posted
with
signs
as
prescribed
by
7
rules
adopted
by
the
department.
8
4.
d.
The
department
may
shall
require
that
the
fence
9
fencing
be
inspected
and
approved
by
the
department
prior
to
10
certification.
The
department
shall
periodically
inspect
11
the
fence
fencing
at
any
reasonable
time
by
appointment
or
12
by
providing
the
landowner
with
at
least
forty-eight
hours’
13
notice.
14
2.
Whitetail
kept
as
preserve
whitetail
shall
bear
15
identification
that
is
one
of
the
following:
16
a.
An
identification
ear
tag
approved
by
the
United
States
17
department
of
agriculture
that
conforms
to
the
alphanumeric
18
national
uniform
tagging
system
as
defined
in
9
C.F.R.
ch.
1,
19
subch.
c,
pt.
71.1,
revised
as
of
July
21,
2006.
20
b.
A
plastic
or
other
material
tag
that
includes
the
21
official
herd
number
issued
by
the
United
States
department
22
of
agriculture,
and
includes
individual
animal
identification
23
which
is
no
more
than
five
digits
and
is
unique
for
each
24
animal.
25
c.
A
legible
tattoo,
that
includes
the
official
herd
number
26
issued
by
the
United
States
department
of
agriculture,
and
27
includes
individual
animal
identification
which
is
no
more
than
28
five
digits
and
is
unique
for
each
animal.
29
d.
A
plastic
or
other
material
tag
that
provides
unique
30
animal
identification
and
is
issued
and
approved
by
the
North
31
American
deer
farmers
association.
32
3.
Preserve
whitetail
previously
kept
as
farm
deer
33
that
are
released
on
a
hunting
preserve
shall
maintain
the
34
identification
affixed
on
the
whitetail
pursuant
to
chapter
170
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and
rules
adopted
to
implement
that
chapter.
1
Sec.
16.
Section
484C.7,
Code
2013,
is
amended
to
read
as
2
follows:
3
484C.7
Registration
and
fee
——
proof
of
financial
4
responsibility
.
5
1.
A
landowner
who
keeps
preserve
whitetail
shall
annually
6
register
the
landowner’s
hunting
preserve
with
the
department
7
by
June
30.
The
A
landowner
shall
not
be
registered
under
8
this
section
unless
the
landowner
meets
the
applicable
fencing
9
certification
and
other
requirements
of
this
chapter.
If
a
10
landowner
meets
the
applicable
fencing
certification
and
other
11
requirements
of
this
chapter,
the
landowner
shall
pay
the
12
department
a
registration
fee.
The
amount
of
the
registration
13
fee
shall
not
exceed
three
hundred
fifty
be
five
thousand
14
dollars
per
fiscal
year.
The
fee
shall
be
deposited
into
the
15
state
fish
and
game
protection
fund.
16
2.
a.
An
initial
application
for
registration
under
17
subsection
1
shall
be
accompanied
by
a
surety
or
cash
18
performance
bond
in
conformity
with
rules
adopted
by
the
19
department,
in
the
principal
amount
of
a
minimum
of
one
hundred
20
thousand
dollars.
The
bond
shall
be
executed
by
a
surety
21
company
authorized
to
do
business
in
this
state,
and
the
bond
22
shall
be
continuous
in
nature
until
canceled
by
the
surety
with
23
not
less
than
sixty
days’
written
notice
to
both
the
landowner
24
and
to
the
department.
The
notice
shall
indicate
the
surety’s
25
intent
to
cancel
the
bond
on
a
date
at
least
sixty
days
after
26
the
date
of
the
notice.
27
b.
The
bond
shall
be
payable
to
the
state
to
indemnify
the
28
state
for
any
costs
that
may
be
incurred
in
the
event
that
a
29
confirmed
case
of
chronic
wasting
disease
is
found
in
preserve
30
whitetail
kept
by
the
applicant
who
purchased
the
bond.
31
Sec.
17.
Section
484C.8,
subsection
1,
paragraphs
a
and
c,
32
Code
2013,
are
amended
to
read
as
follows:
33
a.
A
statement
verifying
that
the
fence
which
encloses
the
34
land
landowner
is
certified
by
registered
with
the
department
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pursuant
to
section
484C.6
484C.7
.
1
c.
The
location
of
the
land
enclosed
by
the
fence
fencing
.
2
Sec.
18.
Section
484C.12,
Code
2013,
is
amended
by
adding
3
the
following
new
subsection:
4
NEW
SUBSECTION
.
3.
Preserve
whitetail
that
die
or
are
5
taken
by
persons
on
the
hunting
preserve
shall
be
tested
for
6
chronic
wasting
disease
as
set
forth
in
rules
adopted
by
the
7
department.
The
landowner
or
the
person
taking
the
preserve
8
whitetail
shall
pay
the
full
cost
of
the
testing.
9
Sec.
19.
Section
484C.13,
subsection
3,
unnumbered
10
paragraph
1,
Code
2013,
is
amended
to
read
as
follows:
11
The
department
may
suspend
or
revoke
a
fence
certification
12
registration
issued
pursuant
to
section
484C.6
484C.7
if
the
13
department
determines
that
a
landowner
has
done
any
of
the
14
following:
15
Sec.
20.
Section
484C.13,
subsection
3,
paragraph
d,
Code
16
2013,
is
amended
to
read
as
follows:
17
d.
Failed
to
maintain
a
fence
fencing
enclosing
the
land
18
where
preserve
whitetail
are
kept
as
required
by
this
chapter
.
19
The
department
shall
not
suspend
or
revoke
a
certification
20
registration
if
the
landowner
remedies
each
item
as
provided
21
in
a
notice
of
deficiency
delivered
to
the
landowner
by
the
22
department.
The
remedies
shall
be
completed
within
seven
days
23
from
receipt
of
the
notice.
The
notice
shall
be
hand
delivered
24
or
sent
by
certified
mail.
25
Sec.
21.
Section
484C.13,
subsection
3,
Code
2013,
is
26
amended
by
adding
the
following
new
paragraph:
27
NEW
PARAGRAPH
.
e.
Failed
to
maintain
proof
of
financial
28
responsibility
as
required
in
section
484C.7.
29
Sec.
22.
Section
484C.13,
Code
2013,
is
amended
by
adding
30
the
following
new
subsection:
31
NEW
SUBSECTION
.
4.
A
person
who
removes
identification
32
required
in
section
484C.6
from
a
preserve
whitetail,
prior
to
33
the
taking
of
the
whitetail,
is
subject
to
a
civil
penalty
of
34
five
hundred
dollars.
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Sec.
23.
APPLICABILITY.
1
1.
The
section
of
this
Act
amending
section
484C.6,
2
subsection
1,
applies
to
fencing
that
is
newly
constructed
on
3
or
after
July
1,
2013.
4
2.
The
section
of
this
Act
amending
section
484C.6,
5
subsection
1,
is
applicable
on
or
after
July
1,
2014,
to
fences
6
constructed
before
July
1,
2013,
and
in
existence
on
July
1,
7
2014.
8
EXPLANATION
9
This
bill
relates
to
the
keeping
of
farm
deer
and
preserve
10
whitetail
and
includes
penalties
and
applicability
provisions.
11
DIVISION
I.
Division
I
of
the
bill
relates
to
regulation
12
of
the
keeping
of
farm
deer,
which
is
principally
under
the
13
purview
of
the
department
of
agriculture
and
land
stewardship
14
(DALS).
DALS
is
required
to
adopt
rules
providing
for
the
15
importation,
transportation,
and
disease
control
of
farm
deer
16
and
for
fencing
certification
and
registration
requirements
17
under
the
Code
chapter.
18
Farm
deer
that
die
or
are
sent
for
slaughter
must
be
tested
19
for
chronic
wasting
disease
pursuant
to
rules
adopted
by
DALS,
20
and
the
landowner
must
pay
the
full
cost
of
the
testing.
21
A
landowner
who
keeps
farm
deer
must
register
with
DALS
by
22
June
30
each
year.
In
order
to
register,
the
landowner
must
23
meet
the
fencing
certification
requirements,
show
proof
of
24
financial
responsibility
via
a
surety
or
cash
performance
bond,
25
and
pay
a
registration
fee
of
$5,000
per
year.
The
surety
or
26
cash
performance
bond
must
be
in
a
minimum
amount
of
$100,000,
27
payable
to
indemnify
the
state
in
the
event
that
a
confirmed
28
case
of
chronic
wasting
disease
is
found
in
farm
deer
kept
by
29
the
landowner.
Registration
fees
are
placed
in
the
farm
deer
30
administration
fund
and
appropriated
to
DALS
for
the
purpose
of
31
administering
the
chronic
wasting
disease
control
program.
32
The
bill
requires
that
fencing
enclosing
land
on
which
33
whitetail
are
kept
as
farm
deer
must
include
a
perimeter
34
fence
around
the
enclosed
area
and
a
secondary
fence
that
is
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a
minimum
of
30
feet
inside
the
perimeter
fence,
must
be
10
1
feet
tall
instead
of
eight
feet
tall,
and
must
be
inspected
2
and
approved
prior
to
certification
of
the
fencing.
The
3
new
requirements
are
applicable
to
fencing
that
is
newly
4
constructed
on
or
after
July
1,
2013,
when
the
bill
takes
5
effect,
and
are
applicable
on
or
after
July
1,
2014,
to
fences
6
existing
before
July
1,
2013.
7
A
landowner
who
keeps
farm
deer
shall
notify
DALS
within
48
8
hours
of
discovering
that
a
farm
deer
has
escaped
or
is
missing
9
from
enclosed
land.
A
farm
deer
that
has
escaped
or
is
missing
10
for
more
than
10
days
is
subject
to
the
jurisdiction
of
the
11
department
of
natural
resources.
12
A
landowner’s
registration
may
be
suspended
or
revoked
for
13
failure
to
maintain
proof
of
financial
responsibility,
or
14
for
falsely
claiming
that
a
farm
deer
died
or
was
sent
for
15
slaughter
when
the
farm
deer
escaped
or
was
otherwise
sold.
A
16
person
who
makes
such
a
false
claim
is
also
subject
to
a
civil
17
penalty
of
$5,000,
which
will
be
deposited
in
the
farm
deer
18
administration
fund.
19
DIVISION
II.
Division
II
of
the
bill
relates
to
regulation
20
of
the
keeping
of
preserve
whitetail
on
a
hunting
preserve,
21
which
is
principally
under
the
purview
of
the
department
of
22
natural
resources
(department).
23
The
bill
requires
that
a
landowner
cannot
keep
whitetail
on
24
a
hunting
preserve
unless
the
preserve
is
enclosed
by
double
25
fencing
that
includes
a
perimeter
fence
around
the
enclosed
26
area
and
a
secondary
fence
that
is
a
minimum
of
30
feet
inside
27
the
perimeter
fence.
The
fence
must
be
at
least
10
feet
in
28
height.
The
fencing
requirements
are
applicable
to
fences
29
that
are
newly
constructed
on
or
after
July
1,
2013,
when
the
30
bill
takes
effect,
and
is
applicable
on
or
after
July
1,
2014,
31
to
fences
existing
before
July
1,
2013.
The
department
must
32
inspect
and
approve
the
fencing
prior
to
certification.
33
Whitetail
kept
on
a
hunting
preserve
must
also
bear
an
34
ear
tag,
tattoo,
or
other
identification
as
specified
in
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the
bill.
Preserve
whitetail
previously
kept
as
farm
deer
1
that
are
released
on
a
hunting
preserve
shall
maintain
the
2
identification
affixed
on
them
pursuant
to
the
requirements
3
applicable
to
farm
deer
under
Code
chapter
170
and
rules
4
adopted
to
implement
that
Code
chapter.
5
A
landowner
who
keeps
whitetail
on
a
hunting
preserve
must
6
register
each
year
and
pay
the
registration
fee
of
$5,000.
A
7
landowner
cannot
be
registered
unless
the
landowner
meets
the
8
applicable
fencing
certification
and
other
requirements
of
Code
9
chapter
484C.
The
initial
application
for
registration
must
10
include
proof
of
financial
responsibility
via
a
surety
or
cash
11
performance
bond.
The
surety
or
cash
performance
bond
must
be
12
in
a
minimum
amount
of
$100,000,
payable
to
indemnify
the
state
13
in
the
event
that
a
confirmed
case
of
chronic
wasting
disease
14
is
found
in
preserve
whitetail
kept
by
the
landowner.
15
Preserve
whitetail
that
die
or
are
taken
by
persons
hunting
16
on
the
hunting
preserve
shall
be
tested
for
chronic
wasting
17
disease
as
set
forth
in
rules
adopted
by
the
department.
The
18
landowner
or
the
hunter
taking
the
preserve
whitetail
shall
pay
19
the
full
cost
of
the
testing.
20
A
person
who
removes
the
required
identification
from
a
21
preserve
whitetail,
prior
to
the
taking
of
the
whitetail,
is
22
subject
to
a
civil
penalty
of
$500.
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