Bill Text: IA HF2403 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to the baiting of deer on public or private property and providing penalties. (Formerly HF 2160)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2016-03-11 - Rereferred to Natural Resources. H.J. 456. [HF2403 Detail]
Download: Iowa-2015-HF2403-Introduced.html
House File 2403 - Introduced HOUSE FILE BY COMMITTEE ON NATURAL RESOURCES (SUCCESSOR TO HF 2160) A BILL FOR 1 An Act relating to the baiting of deer on public or private 2 property and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5942HV (2) 86 av/nh PAG LIN 1 1 Section 1. NEW SECTION. 481A.41 Baiting of deer. 1 2 1. As used in this section, unless the context otherwise 1 3 requires: 1 4 a. "Baited area" means any area where feed is placed, 1 5 exposed, deposited, distributed, or scattered with the intent 1 6 to lure, attract, or entice wildlife to a specific location. 1 7 b. (1) "Feed" means grain, fruit, vegetables, nuts, hay, 1 8 salt, mineral blocks, or any other natural food materials; 1 9 commercial products containing natural food materials; or 1 10 by=products of such materials, that are capable of luring, 1 11 attracting, or enticing wildlife to a specific location. 1 12 (2) "Feed" does not include any of the following: 1 13 (a) Food placed during normal agricultural activities 1 14 including but not limited to feed placed for livestock that are 1 15 present and are actively consuming the feed on a regular basis. 1 16 (b) Incidental feeding of wildlife within an active 1 17 livestock operation. 1 18 (c) Crops planted and left standing as food plots for 1 19 wildlife. 1 20 (d) Grain or other feed scattered or distributed as a result 1 21 of normal agricultural, gardening, soil stabilization, or 1 22 logging practices. 1 23 (e) Vegetation or other feed that is naturally deposited in 1 24 an area. 1 25 2. A person shall not hunt, take, or attempt to take deer 1 26 on or in a baited area. 1 27 3. A person shall not place, expose, deposit, distribute, 1 28 or scatter feed on a baited area on any private or public 1 29 property, or knowingly allow another person to place, expose, 1 30 deposit, distribute, or scatter feed on a baited area on 1 31 private property under the person's ownership or lease in 1 32 the state unless all feed is removed from the baited area at 1 33 least ten days prior to the opening day of the first fall deer 1 34 hunting season. An area remains a baited area for ten days 1 35 following complete removal of all feed from the area, except 2 1 for salt, minerals, or any other feed that will dissolve and 2 2 leach into the soil, in which case the area shall be considered 2 3 a permanently baited area until such time as all contaminated 2 4 soil is removed or until there is no longer evidence that deer 2 5 are artificially attracted to or are accessing the site. A 2 6 person shall not hunt, take, or attempt to take deer within two 2 7 hundred yards of a permanently baited area until such time as 2 8 all contaminated soil is removed from the area or until there 2 9 is no evidence that deer are artificially attracted to or are 2 10 accessing the area. 2 11 4. If salt, minerals, or any other feed that will dissolve 2 12 and leach into the soil is placed in an area for agricultural 2 13 purposes, that area shall not be considered a baited area or a 2 14 permanently baited area. 2 15 5. A person shall not establish a baited area or place, 2 16 expose, deposit, distribute, or scatter feed in an area with 2 17 the intent to prevent or disrupt the hunting activities of 2 18 another person. A violation of this subsection constitutes a 2 19 violation of section 481A.125. 2 20 Sec. 2. Section 805.8B, subsection 3, paragraph e, Code 2 21 2016, is amended to read as follows: 2 22 e. For violations of sections 481A.41, 481A.57, 481A.85, 2 23 481A.93, 481A.95, 481A.120, 481A.137, 481B.5, 482.3, 482.9, 2 24 482.15, and 483A.42, the scheduled fine is one hundred dollars. 2 25 EXPLANATION 2 26 The inclusion of this explanation does not constitute agreement with 2 27 the explanation's substance by the members of the general assembly. 2 28 This bill prohibits hunting, taking, or attempting to take 2 29 deer on or in a baited area. The bill also requires that 2 30 if a person places feed in a baited area, all feed must be 2 31 removed from that area at least 10 days before the opening 2 32 day of the first fall deer hunting season. An area remains 2 33 a baited area for 10 days following complete removal of all 2 34 feed from the area, except for salt, minerals, or any other 2 35 feed that will dissolve and leach into the soil, in which case 3 1 the area is considered a permanently baited area until such 3 2 time as all contaminated soil is removed or until there is no 3 3 longer evidence that deer are artificially attracted to or are 3 4 accessing the site. A person shall not hunt, take, or attempt 3 5 to take deer within 200 yards of a permanently baited area 3 6 until such time as all contaminated soil is removed from the 3 7 area or until there is no evidence that deer are artificially 3 8 attracted to or are accessing the area. 3 9 If salt, minerals, or any other feed that will dissolve 3 10 and leach into the soil is placed in an area for agricultural 3 11 purposes, that area is not considered a baited area or a 3 12 permanently baited area. 3 13 A person shall not establish a baited area or place, expose, 3 14 deposit, distribute, or scatter feed in an area with the 3 15 intent to prevent or disrupt the hunting activities of another 3 16 person. A violation of this provision constitutes intentional 3 17 interference with lawful hunting under section 481A.125 and is 3 18 punishable as a simple misdemeanor for a first offense and as 3 19 a serious misdemeanor for any subsequent offense. A simple 3 20 misdemeanor is punishable by confinement for no more than 30 3 21 days or a fine of at least $65 but not more than $625 or by 3 22 both. A serious misdemeanor is punishable by confinement for 3 23 no more than one year and a fine of at least $315 but not more 3 24 than $1,875. 3 25 For purposes of the bill, "feed" is grain, fruit, 3 26 vegetables, nuts, hay, salt, mineral blocks, or any other 3 27 natural food materials; commercial products containing natural 3 28 food materials; or by=products of such materials, that are 3 29 capable of luring, attracting, or enticing wildlife to a 3 30 specific location. "Feed" does not include food placed during 3 31 normal agricultural activities including but not limited to 3 32 feed placed for livestock that are present and are actively 3 33 consuming the feed on a regular basis; incidental feeding 3 34 of wildlife within an active livestock operation; crops 3 35 planted and left standing as food plots for wildlife; grain 4 1 or other feed scattered or distributed as a result of normal 4 2 agricultural, gardening, soil stabilization, or logging 4 3 practices; or vegetation or other feed that is naturally 4 4 deposited in an area. A "baited area" is any area where feed 4 5 is placed, exposed, deposited, distributed, or scattered with 4 6 the intent to lure, attract, or entice wildlife to a specific 4 7 location. 4 8 A violation of the bill's provisions is punishable with a 4 9 scheduled fine of $100. LSB 5942HV (2) 86 av/nh
