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:

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

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Hunting" is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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be disposed of by direction of the director.

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

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

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

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

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

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

 

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

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

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the issuance of a permit.

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

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Hunting" is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

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

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

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or wounding.

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

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

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crops.

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

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

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

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

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

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

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

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

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

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

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

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

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

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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-

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five dollars ($25.00).

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

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

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for administering this section as it relates to other landowners.

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     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

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

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

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

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intent.

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     This act would take effect upon passage.

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