1. A hunting preserve must include at least three hundred twenty contiguous acres which are enclosed by a fence certified pursuant to section 484C.6. However, the hunting preserve may include a fewer number of enclosed acres if any of the following applies:

 a. The commission grants a waiver for the hunting preserve according to terms and conditions required by the commission. The hunting preserve must include at least one hundred sixty contiguous acres.
 b. (1) The hunting preserve was operated as a business on January 1, 2005.

 (2) If the hunting preserve operated as a business on January 1, 2005, the landowner or the landowner’s successor in interest may sell or otherwise transfer ownership of the hunting preserve to another person who may continue to operate the hunting preserve in the same manner as the landowner. However, this subparagraph shall not apply if the owner of the hunting preserve or any successor in interest fails to register with the department as provided in section 484C.7 for three or more consecutive years.
 c. (1) The hunting preserve was not operated as a business on January 1, 2005, and all of the following apply:

 (a) The hunting preserve has at least one hundred contiguous acres.
 (b) The hunting preserve’s fence is certified by the department not later than September 1, 2005.
 (2) If the hunting preserve complies with subparagraph (1), the landowner or the landowner’s successor in interest may sell or otherwise transfer ownership of the hunting preserve to another person who may continue to operate the hunting preserve in the same manner as the landowner. However, this subparagraph shall not apply if the owner of the hunting preserve or any successor in interest fails to register with the department as provided in section 484C.7 for three or more consecutive years.

Terms Used In Iowa Code 484C.5

  • Commission: means the natural resource commission as created pursuant to section 455A. See Iowa Code 484C.1
  • Department: means the department of natural resources as created pursuant to section 455A. See Iowa Code 484C.1
  • Elk: means an animal belonging to the cervidae family and classified as part of the canadensis species of the cervus genus. See Iowa Code 484C.1
  • Fence: means a boundary fence which encloses preserve whitetail within a landowner's property as required to be constructed and maintained pursuant to this chapter. See Iowa Code 484C.1
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Hunting preserve: means land where a landowner keeps preserve whitetail as part of a business, if the business's purpose is to provide persons with the opportunity to hunt the preserve whitetail. See Iowa Code 484C.1
  • Landowner: means a person who holds an interest in land, including a titleholder. See Iowa Code 484C.1
  • Operate: means to navigate or otherwise use a vessel or motorboat. See Iowa Code 462A.2
  • Owner: means a person, other than a lienholder, having the property right in or title to a motorboat or vessel. See Iowa Code 462A.2
  • Person: means an individual, partnership, firm, corporation, or association. See Iowa Code 462A.2
  • Whitetail: means an animal belonging to the cervidae family and classified as part of the virginianus species of the odocoileus genus. See Iowa Code 484C.1
 2. Notwithstanding any other provision of this chapter or chapter 484B, a person may keep whitetail and elk together on a hunting preserve that includes less than three hundred twenty enclosed acres if the person receives a waiver as provided in subsection 1, paragraph “a” or meets the conditions specified in subsection 1, paragraph “b”.
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