2014 -- S 2266

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO FISH AND WILDLIFE - DEER HUNTING

     Introduced By: Senators Sosnowski, Hodgson, Kettle, Cool Rumsey, and Cote

     Date Introduced: February 04, 2014

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 20-15-2 of the General Laws in Chapter 20-15 entitled "Deer

Hunting" is hereby amended to read as follows:

     20-15-2. Deer permits. -- (a) No person shall hunt deer within this state unless that

person possesses a deer tag. Any resident or non-resident holder of a hunting license or

combination license may obtain a shotgun, muzzle loading rifle, or crossbow, or archery deer tag

from the director. The deer permit shall be carried at all times by the person to whom it is issued

while hunting for deer. Any person who takes a deer in this state shall immediately affix his or

her tag portion of his or her deer permit to the carcass of the taken deer, and, within twenty-four

(24) hours of the taking, convey the deer to an environmental police officer or other designee of

the department, or to a deer check station, if one is in operation at the time, for checking. Any

dead deer found not having a tag attached to it identifying the owner shall be the property of the

state and shall be seized by any environmental police officer who finds or locates the carcass, to

be disposed of by direction of the director.

     Farmers, as defined in § 20-15-3, who are protecting their crops, vegetables or fruit trees

need not obtain deer tags or a hunting license to shoot deer.

      (b) Crossbow permits. - Crossbow permits may be issued by the department to those

persons who have a permanent physical impairment due to injury or disease, congenital or

acquired, which renders them so severely disabled as to be unable to use a conventional bow and

arrow device. Said permits will be issued by the department only after the receipt of a physician's

statement confirming the applicant is impaired as referred to above. All permittees must have

taken and successfully completed both hunter education and bow hunter education classes prior to

the issuance of a permit.

     SECTION 2. Section 20-15-3 of the General Laws in Chapter 20-15 entitled "Deer

Hunting" is hereby amended to read as follows:

     20-15-3. Permit to landowner to protect property. -- (a) Any person owning or

occupying any property and any employee of that person, while on that person's premises, may

kill any deer found destroying any crops, vegetables, or fruit trees, or otherwise causing damage

to that property; provided, however, that this person shall not kill any deer unless he or she has

obtained a permit from the director to do so. The director, on application, may issue the permit to

any responsible owner or the owner's employee, provided that no such permit shall be issued until

the director has determined that actual damage has been done to crops, vegetables, fruit trees, or

other property by any deer, and that no practical alternative to the shooting of the deer is

available. This permit shall be issued on an annual basis at a fee of twenty-five dollars ($25.00).

Any person taking or wounding a deer under the permit shall report the taking or wounding to a

conservation officer or other designee of the director within twenty-four (24) hours of the taking

or wounding.

     Farmers shall not be required to obtain a permit pursuant to this section, but shall be

required to notify the chief of the division of agriculture of their intent to kill deer harming their

crops.

     For purposes of this chapter, a farmer shall be defined as any individual who has obtained

a Level 1 or Level 2 sales tax exempt certificate from the Rhode Island division of taxation for

their farm. Nothing in this section shall be construed as exempting farmers from compliance with

any and all existing laws, rules, and regulations relating to the use of firearms and hunting.

      (b) Hunting shall only be permitted from one half (1/2) hour before sunrise to one half

(1/2) hour after sunset; provided that the director, subject to terms and conditions to be set forth

by regulation, may authorize hunting at other times on farmlands; and further provided, that these

farms have experienced severe deer damage to a cash crop or crops, and have attempted

unsuccessfully other reasonable means of controlling the damage, including daylight hunting; and

provided further, that the director determines whether these farmlands are of sufficient size to

support night hunting without endangering the public safety. A night hunting permit may be

issued by the director to any responsible owner or the owner's employee, provided that no such

permit shall be issued until the director has determined that actual damage has been done to

crops, vegetables, fruit trees, or other property by any deer, and that no practical alternative to the

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shooting of the deer is available. This permit shall be issued on an annual basis at a fee of twenty-

five dollars ($25.00).

      (c) Under the authority of the director, the division of agriculture shall be responsible for

administering the provisions of this section as they relate to farmers, and may also be responsible

for administering this section as it relates to other landowners.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FISH AND WILDLIFE - DEER HUNTING

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     This act would allow farmers to protect their crops by hunting and possessing deer

without first obtaining deer tags or a hunting license. This act would also allow farmers to kill any

deer found destroying crops, vegetables, or fruit trees without first obtaining a permit to do so,

provided that said farmer has previously notified the chief of the division of agriculture at their

intent.

     This act would take effect upon passage.

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