Relating to the hunting of untamed game livestock on hunting preserves and making penalties applicable

Description

House File 2400 adds a definition of “untamed game livestock” to Iowa Code section 484B.1. Untamed game livestock includes bison, sheep, or goats if the bison, sheep, or goats are birthed and raised in the State for purposes of hunting on a preserve in the State. The Bill amends various Iowa Code sections to include this new definition, including Iowa Code section 481A.125A on remote control or Internet hunting and makes penalties applicable. The Bill also excludes a hunting preserve as defined in Iowa Code section 484B.1 from prohibitions related to livestock neglect as long as that preserve performs functions within the scope of accepted practices and disciplines associated with a hunting preserve. A violation of Iowa Code section 481A.125A results in a serious misdemeanor of a first offense and a Class D felony for a second or subsequent offense. A serious misdemeanor carries a penalty of at least $430 but not more than $2,560, and the court may also order imprisonment of no more than one year, while a Class D felony carries a penalty of at least $1,025 but no more than $13,250 and a prison sentence of no more than five years. In addition, a civil penalty of no more than $10,000 may be levied by the Department of Natural Resources (DNR) for each violation.

In addition, House File 2400 creates a new Iowa Code section that allows a hunting preserve that was operated as a business on January 1, 2005, to have fewer enclosed acres than the 320 acres currently required by Iowa Code section 484B.5.

The DNR may revoke a hunting license of a person who violates a general hunting preserve violation relating to hunting untamed game livestock, subject to rules established by the DNR.

Background

Iowa Code chapter 484B regulates hunting preserves in the State. Hunting preserve operator’s licenses are available to persons who submit an application to the DNR and pay a license fee of $200. To qualify as a hunting preserve, the land must be a contiguous tract that is no less than 320 acres and no more than 2,560 acres; the game birds or ungulates released on the preserve must not be detrimental to wildlife; and the preserve must not interfere with the normal activities of migratory birds. In addition, the total area of all licensed hunting preserves and proposed hunting preserves cannot exceed 3.0% of the land area of a county and must be owned or leased by a person for at least five years.

The boundaries of the hunting preserve must be properly signed and fenced in order to contain any ungulates that are released onto the preserve and to ensure that no ungulates that are property of the State become part of the preserve. A violation of Iowa Code chapter 484B or of a rule adopted under the chapter is a simple misdemeanor, which carries a penalty of a fine of between $105 to $855, and the court may order imprisonment not to exceed 30 days in lieu of or in addition to a fine. Over the last five years, there have been two convictions of operating a hunting preserve without a license.

Assumption

House File 2400 will not significantly change the number of convictions under Iowa Code chapter 484B or Iowa Code section 481A.125A.

Correctional Impact

House File 2400 increases the possibility that a conviction may occur; however, a correctional impact cannot be estimated. In FY 2021, there were no convictions under Iowa Code section 481A.125A or Iowa Code chapter 484B. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 18, 2022, for information related to the correctional system.

Minority Impact

House File 2400 increases the possibility that a conviction may occur, but the impact is unknown. As a result, the minority impact of House File 2400 cannot be estimated. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 18, 2022, for information related to minorities in the criminal justice system.

Fiscal Impact

While there may be an increase in fine and penalty revenue, due to the low number of convictions the fiscal impact is expected to be minimal. Table 1 shows the average cost to the State for each type of offense.

Moneys collected from this civil penalty are deposited in the Fish and Game Protection Fund. There have been no convictions to date under Iowa Code section 481A.125A.

Sources

• Legislative Services Agency
• Department of Human Rights, Criminal and Juvenile Justice Planning Division
• Department of Natural Resources