ElkHunter
Life Member
Everyone in the House has a bill to end the deer problem.I'll put 159 on this post,it's long. This bill was sponsored by John Whitaker Dis. 90, Van Buren Co.
Need some opinions
House File 159
PAG LIN
1 1 Section 1. Section 483A.7, subsection 3, Code 2005, is
1 2 amended to read as follows:
1 3 3. A nonresident wild turkey hunter is required to have a
1 4 nonresident hunting license and a nonresident wild turkey
1 5 hunting license and pay the wildlife habitat fee. The
1 6 commission shall annually limit to two three thousand three
1 7 hundred licenses the number of nonresidents allowed to have
1 8 wild turkey hunting licenses. Of the two three thousand three
1 9 hundred licenses, one hundred fifty licenses shall be valid
1 10 for hunting with muzzle loading shotguns only. The commission
1 11 shall allocate the nonresident wild turkey hunting licenses
1 12 issued among the zones based on the populations of wild
1 13 turkey. A nonresident applying for a wild turkey hunting
1 14 license must exhibit proof of having successfully completed a
1 15 hunter safety and ethics education program as provided in
1 16 section 483A.27 or its equivalent as determined by the
1 17 department before the license is issued.
1 18 Sec. 2. Section 483A.8, subsections 2 and 3, Code 2005,
1 19 are amended to read as follows:
1 20 2. a. The deer hunting license for residents shall be
1 21 accompanied by a tag designed to be used only once. When a
1 22 deer is taken, the deer shall be tagged and the tag shall be
1 23 dated.
1 24 b. The deer hunting license for nonresidents shall be
1 25 accompanied by two tags and each tag shall be used only once.
1 26 The first tag shall be used to take an antlerless deer and the
1 27 second tag may be used after the first tag has been used, to
1 28 take either an antlered deer or an antlerless deer. When a
1 29 deer is taken, the deer shall be tagged and the time and date
1 30 of taking shall be written on the tag.
1 31 3. A nonresident hunting deer is required to have a
1 32 nonresident hunting license and a nonresident deer license and
1 33 must pay the wildlife habitat fee. The commission shall
1 34 annually limit to eight ten thousand five hundred licenses the
1 35 number of nonresidents allowed to have deer hunting licenses.
2 1 Of the first six eight thousand nonresident deer licenses
2 2 issued, not more than thirty=five percent of the licenses
2 3 shall be bow season licenses and, after the first six eight
2 4 thousand nonresident deer licenses have been issued, all
2 5 additional licenses shall be issued for antlerless deer only.
2 6 The commission shall allocate the nonresident deer hunting
2 7 licenses issued among the zones based on the populations of
2 8 deer. However, a nonresident applicant may request one or
2 9 more hunting zones, in order of preference, in which the
2 10 applicant wishes to hunt. If the request cannot be fulfilled,
2 11 the applicable fees shall be returned to the applicant. A
2 12 nonresident applying for a deer hunting license must exhibit
2 13 proof of having successfully completed a hunter safety and
2 14 ethics education program as provided in section 483A.27 or its
2 15 equivalent as determined by the department before the license
2 16 is issued.
2 17 Sec. 3. NEW SECTION. 483A.8A HELP US STOP HUNGER PROGRAM
2 18 FEE.
2 19 A nonresident hunting deer who obtains an any sex deer
2 20 hunting license pursuant to section 483A.8, subsection 3,
2 21 shall not hunt deer unless the person has paid the help us
2 22 stop hunger program fee of fifty dollars. The proceeds from
2 23 the fee are appropriated for the exclusive use of assisting
2 24 with the cost of processing deer donated to the help us stop
2 25 hunger program administered by the commission.
2 26 Sec. 4. NEW SECTION. 483A.28 REGISTRATION OF HUNTING
2 27 OUTFITTERS OR HUNTING GUIDES == PENALTY.
2 28 1. A person shall not engage in or be employed for any
2 29 compensation in the business of a hunting outfitter or a
2 30 hunting guide in this state unless the person is registered as
2 31 a hunting outfitter or a hunting guide with the department.
2 32 The commission shall define, by rule, the activities that
2 33 constitute hunting outfitter activities or hunting guide
2 34 activities for the purposes of this section. The rules shall
2 35 require an applicant for registration to identify the location
3 1 and acreage to be hunted and the equipment and services to be
3 2 provided by the outfitter or the guide.
3 3 2. The commission shall establish, by rule, a conduct
3 4 board consisting of hunting outfitters and hunting guides
3 5 selected by the department, to compose standards of ethical
3 6 and professional conduct concerning hunting outfitters and
3 7 hunting guides and to review complaints and make
3 8 recommendations to the department for the revocation of
3 9 registrations of hunting outfitters and hunting guides who are
3 10 in violation of this section or the rules adopted pursuant to
3 11 this section.
3 12 3. The commission shall establish, by rule, the annual fee
3 13 for a hunting outfitter or hunting guide registration required
3 14 pursuant to this section. In determining an annual fee, the
3 15 commission shall consider the costs of providing for the
3 16 registration and administering and enforcing the provisions of
3 17 this section.
3 18 4. A violation of this section or the rules adopted
3 19 pursuant to this section is punishable as provided in section
3 20 483A.42.
3 21 5. This section does not apply to the activities of a
3 22 hunting outfitter or hunting guide that are conducted on a
3 23 hunting preserve pursuant to chapter 484B.
3 24 Sec. 5. NEW SECTION. 483A.29 DEER POPULATION MANAGEMENT
3 25 PLAN.
3 26 A person who holds an interest in land, including a
3 27 titleholder or tenant, and charges hunters a fee to hunt deer
3 28 on the land shall prepare and adhere to a deer population
3 29 management plan approved by the department. The primary
3 30 purpose of a deer population management plan is to manage deer
3 31 populations on land where deer hunting for a fee is allowed so
3 32 that damage by deer to agricultural crops on adjacent land is
3 33 minimized. The commission shall adopt rules prescribing the
3 34 format and content of such plans. This section does not apply
3 35 to licensed hunting preserves.
4 1 Sec. 6. Section 805.8B, subsection 3, paragraph b, Code
4 2 2005, is amended to read as follows:
4 3 b. For violations of sections 481A.54, 481A.69, 481A.71,
4 4 481A.72, 482.6, 483A.3, 483A.6, 483A.8A, 483A.19, and 483A.27,
4 5 the scheduled fine is twenty dollars.
4 6 EXPLANATION
4 7 This bill contains provisions relating to nonresident
4 8 turkey and deer hunting licenses, the natural resource
4 9 commission's help us stop hunger (HUSH) program, registration
4 10 of hunting guides and outfitters, and deer management plans.
4 11 The bill changes the number of nonresident turkey hunting
4 12 licenses available from 2,300 to 3,300. The bill also changes
4 13 the number of nonresident deer hunting licenses available from
4 14 8,500 to 10,500, of which 8,000, instead of 6,000, are any sex
4 15 deer hunting licenses.
4 16 The bill provides that a deer hunting license for
4 17 nonresidents shall be accompanied by two tags, each of which
4 18 shall only be used once. The bill provides that the first tag
4 19 shall be used to take an antlerless deer and that the second
4 20 tag may be used only after the first tag has been used, to
4 21 take either an antlered deer or an antlerless deer. The bill
4 22 provides that when a deer is taken, the deer shall be tagged
4 23 and the time and date of taking written on the tag.
4 24 The bill also provides that a nonresident hunting deer who
4 25 obtains an any sex deer hunting license pursuant to Code
4 26 section 483A.8A, subsection 3, is required to pay a HUSH
4 27 program fee of $50 in addition to purchasing a nonresident
4 28 hunting license, a nonresident deer license, and paying the
4 29 wildlife habitat fee.
4 30 The bill provides that the HUSH program fee is appropriated
4 31 for the exclusive use of assisting with the cost of processing
4 32 deer meat donated to the HUSH program administered by the
4 33 natural resource commission. A violation of this provision is
4 34 punishable by a scheduled fine of $20.
4 35 The bill provides for the registration of persons engaged
5 1 in the business of a hunting outfitter or hunting guide. The
5 2 natural resource commission is directed to define what
5 3 activities constitute hunting outfitter activities or hunting
5 4 guide activities and the department of natural resources is
5 5 directed to register hunting outfitters or hunting guides upon
5 6 application and payment of an annual fee determined by rule of
5 7 the natural resource commission. An applicant shall identify
5 8 the location and acreage to be hunted and the equipment and
5 9 services to be provided by the outfitter or the hunting guide.
5 10 The bill also requires the natural resource commission to
5 11 establish, by rule, a conduct board consisting of hunting
5 12 outfitters and hunting guides to compose standards of ethics
5 13 and conduct, to review complaints, and to make recommendations
5 14 concerning revocations of registrations of hunting outfitters
5 15 and hunting guides.
5 16 The bill does not apply to activities that are conducted on
5 17 a hunting preserve.
5 18 A violator is guilty of a simple misdemeanor and subject to
5 19 a scheduled fine of $100 for each offense.
5 20 New Code section 483A.29 requires a person who holds an
5 21 interest in land, including a titleholder or tenant, and who
5 22 charges hunters a fee to hunt deer on the land, to prepare and
5 23 adhere to a deer population management plan approved by the
5 24 department of natural resources. The primary purpose of a
5 25 deer population management plan is to manage deer populations
5 26 on land where deer hunting for a fee is allowed so that damage
5 27 by deer to agricultural crops on adjacent land is minimized.
5 28 The natural resource commission is directed to adopt rules
5 29 regarding the format and content of such plans. This new
5 30 provision does not apply to licensed hunting preserves.
5 31 LSB 1542HH 81
5 32 av:rj/gg/14
Need some opinions
House File 159
PAG LIN
1 1 Section 1. Section 483A.7, subsection 3, Code 2005, is
1 2 amended to read as follows:
1 3 3. A nonresident wild turkey hunter is required to have a
1 4 nonresident hunting license and a nonresident wild turkey
1 5 hunting license and pay the wildlife habitat fee. The
1 6 commission shall annually limit to two three thousand three
1 7 hundred licenses the number of nonresidents allowed to have
1 8 wild turkey hunting licenses. Of the two three thousand three
1 9 hundred licenses, one hundred fifty licenses shall be valid
1 10 for hunting with muzzle loading shotguns only. The commission
1 11 shall allocate the nonresident wild turkey hunting licenses
1 12 issued among the zones based on the populations of wild
1 13 turkey. A nonresident applying for a wild turkey hunting
1 14 license must exhibit proof of having successfully completed a
1 15 hunter safety and ethics education program as provided in
1 16 section 483A.27 or its equivalent as determined by the
1 17 department before the license is issued.
1 18 Sec. 2. Section 483A.8, subsections 2 and 3, Code 2005,
1 19 are amended to read as follows:
1 20 2. a. The deer hunting license for residents shall be
1 21 accompanied by a tag designed to be used only once. When a
1 22 deer is taken, the deer shall be tagged and the tag shall be
1 23 dated.
1 24 b. The deer hunting license for nonresidents shall be
1 25 accompanied by two tags and each tag shall be used only once.
1 26 The first tag shall be used to take an antlerless deer and the
1 27 second tag may be used after the first tag has been used, to
1 28 take either an antlered deer or an antlerless deer. When a
1 29 deer is taken, the deer shall be tagged and the time and date
1 30 of taking shall be written on the tag.
1 31 3. A nonresident hunting deer is required to have a
1 32 nonresident hunting license and a nonresident deer license and
1 33 must pay the wildlife habitat fee. The commission shall
1 34 annually limit to eight ten thousand five hundred licenses the
1 35 number of nonresidents allowed to have deer hunting licenses.
2 1 Of the first six eight thousand nonresident deer licenses
2 2 issued, not more than thirty=five percent of the licenses
2 3 shall be bow season licenses and, after the first six eight
2 4 thousand nonresident deer licenses have been issued, all
2 5 additional licenses shall be issued for antlerless deer only.
2 6 The commission shall allocate the nonresident deer hunting
2 7 licenses issued among the zones based on the populations of
2 8 deer. However, a nonresident applicant may request one or
2 9 more hunting zones, in order of preference, in which the
2 10 applicant wishes to hunt. If the request cannot be fulfilled,
2 11 the applicable fees shall be returned to the applicant. A
2 12 nonresident applying for a deer hunting license must exhibit
2 13 proof of having successfully completed a hunter safety and
2 14 ethics education program as provided in section 483A.27 or its
2 15 equivalent as determined by the department before the license
2 16 is issued.
2 17 Sec. 3. NEW SECTION. 483A.8A HELP US STOP HUNGER PROGRAM
2 18 FEE.
2 19 A nonresident hunting deer who obtains an any sex deer
2 20 hunting license pursuant to section 483A.8, subsection 3,
2 21 shall not hunt deer unless the person has paid the help us
2 22 stop hunger program fee of fifty dollars. The proceeds from
2 23 the fee are appropriated for the exclusive use of assisting
2 24 with the cost of processing deer donated to the help us stop
2 25 hunger program administered by the commission.
2 26 Sec. 4. NEW SECTION. 483A.28 REGISTRATION OF HUNTING
2 27 OUTFITTERS OR HUNTING GUIDES == PENALTY.
2 28 1. A person shall not engage in or be employed for any
2 29 compensation in the business of a hunting outfitter or a
2 30 hunting guide in this state unless the person is registered as
2 31 a hunting outfitter or a hunting guide with the department.
2 32 The commission shall define, by rule, the activities that
2 33 constitute hunting outfitter activities or hunting guide
2 34 activities for the purposes of this section. The rules shall
2 35 require an applicant for registration to identify the location
3 1 and acreage to be hunted and the equipment and services to be
3 2 provided by the outfitter or the guide.
3 3 2. The commission shall establish, by rule, a conduct
3 4 board consisting of hunting outfitters and hunting guides
3 5 selected by the department, to compose standards of ethical
3 6 and professional conduct concerning hunting outfitters and
3 7 hunting guides and to review complaints and make
3 8 recommendations to the department for the revocation of
3 9 registrations of hunting outfitters and hunting guides who are
3 10 in violation of this section or the rules adopted pursuant to
3 11 this section.
3 12 3. The commission shall establish, by rule, the annual fee
3 13 for a hunting outfitter or hunting guide registration required
3 14 pursuant to this section. In determining an annual fee, the
3 15 commission shall consider the costs of providing for the
3 16 registration and administering and enforcing the provisions of
3 17 this section.
3 18 4. A violation of this section or the rules adopted
3 19 pursuant to this section is punishable as provided in section
3 20 483A.42.
3 21 5. This section does not apply to the activities of a
3 22 hunting outfitter or hunting guide that are conducted on a
3 23 hunting preserve pursuant to chapter 484B.
3 24 Sec. 5. NEW SECTION. 483A.29 DEER POPULATION MANAGEMENT
3 25 PLAN.
3 26 A person who holds an interest in land, including a
3 27 titleholder or tenant, and charges hunters a fee to hunt deer
3 28 on the land shall prepare and adhere to a deer population
3 29 management plan approved by the department. The primary
3 30 purpose of a deer population management plan is to manage deer
3 31 populations on land where deer hunting for a fee is allowed so
3 32 that damage by deer to agricultural crops on adjacent land is
3 33 minimized. The commission shall adopt rules prescribing the
3 34 format and content of such plans. This section does not apply
3 35 to licensed hunting preserves.
4 1 Sec. 6. Section 805.8B, subsection 3, paragraph b, Code
4 2 2005, is amended to read as follows:
4 3 b. For violations of sections 481A.54, 481A.69, 481A.71,
4 4 481A.72, 482.6, 483A.3, 483A.6, 483A.8A, 483A.19, and 483A.27,
4 5 the scheduled fine is twenty dollars.
4 6 EXPLANATION
4 7 This bill contains provisions relating to nonresident
4 8 turkey and deer hunting licenses, the natural resource
4 9 commission's help us stop hunger (HUSH) program, registration
4 10 of hunting guides and outfitters, and deer management plans.
4 11 The bill changes the number of nonresident turkey hunting
4 12 licenses available from 2,300 to 3,300. The bill also changes
4 13 the number of nonresident deer hunting licenses available from
4 14 8,500 to 10,500, of which 8,000, instead of 6,000, are any sex
4 15 deer hunting licenses.
4 16 The bill provides that a deer hunting license for
4 17 nonresidents shall be accompanied by two tags, each of which
4 18 shall only be used once. The bill provides that the first tag
4 19 shall be used to take an antlerless deer and that the second
4 20 tag may be used only after the first tag has been used, to
4 21 take either an antlered deer or an antlerless deer. The bill
4 22 provides that when a deer is taken, the deer shall be tagged
4 23 and the time and date of taking written on the tag.
4 24 The bill also provides that a nonresident hunting deer who
4 25 obtains an any sex deer hunting license pursuant to Code
4 26 section 483A.8A, subsection 3, is required to pay a HUSH
4 27 program fee of $50 in addition to purchasing a nonresident
4 28 hunting license, a nonresident deer license, and paying the
4 29 wildlife habitat fee.
4 30 The bill provides that the HUSH program fee is appropriated
4 31 for the exclusive use of assisting with the cost of processing
4 32 deer meat donated to the HUSH program administered by the
4 33 natural resource commission. A violation of this provision is
4 34 punishable by a scheduled fine of $20.
4 35 The bill provides for the registration of persons engaged
5 1 in the business of a hunting outfitter or hunting guide. The
5 2 natural resource commission is directed to define what
5 3 activities constitute hunting outfitter activities or hunting
5 4 guide activities and the department of natural resources is
5 5 directed to register hunting outfitters or hunting guides upon
5 6 application and payment of an annual fee determined by rule of
5 7 the natural resource commission. An applicant shall identify
5 8 the location and acreage to be hunted and the equipment and
5 9 services to be provided by the outfitter or the hunting guide.
5 10 The bill also requires the natural resource commission to
5 11 establish, by rule, a conduct board consisting of hunting
5 12 outfitters and hunting guides to compose standards of ethics
5 13 and conduct, to review complaints, and to make recommendations
5 14 concerning revocations of registrations of hunting outfitters
5 15 and hunting guides.
5 16 The bill does not apply to activities that are conducted on
5 17 a hunting preserve.
5 18 A violator is guilty of a simple misdemeanor and subject to
5 19 a scheduled fine of $100 for each offense.
5 20 New Code section 483A.29 requires a person who holds an
5 21 interest in land, including a titleholder or tenant, and who
5 22 charges hunters a fee to hunt deer on the land, to prepare and
5 23 adhere to a deer population management plan approved by the
5 24 department of natural resources. The primary purpose of a
5 25 deer population management plan is to manage deer populations
5 26 on land where deer hunting for a fee is allowed so that damage
5 27 by deer to agricultural crops on adjacent land is minimized.
5 28 The natural resource commission is directed to adopt rules
5 29 regarding the format and content of such plans. This new
5 30 provision does not apply to licensed hunting preserves.
5 31 LSB 1542HH 81
5 32 av:rj/gg/14
