2001-H 5375
Enacted 07/13/2001

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Introduced By:  Representatives Carter, George and Faria Date Introduced:  January 31, 2001

It is enacted by the General Assembly as follows:

SECTION 1. Section 20-1-21 of the General Laws in Chapter 20-1 entitled "General Provisions" is hereby amended to read as follows:

20-1-21. General powers -- (a) The following fees shall be established and paid to the department of environmental management for issuance of the following special permits:

Deer Nuisance Permit


Ferret Permit


Scientific Collector's Permit


(b) Any fees collected under authority of this section shall be deposited into restricted receipt accounts established by this title, as appropriate to the type of special permit issued, and shall be used only for the authorized purposes of the restricted receipt accounts. The accounts include, but are not limited to: fishing license account, hunting license account, wildlife fund. (c) The division of fish and wildlife shall be authorized to establish fees for reference, educational and souvenir-type materials provided upon request to interested parties. Those materials include, but are not limited to: surveys, guides, maps, posters, reference and educational booklets and materials, and articles of clothing. No fee shall be required for any materials describing or implementing any licensing or regulatory authority of the division. Any fees collected under authority of this section shall be deposited as general revenues.

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. 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.

(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.

Provided further that any permit granted pursuant to section 20-15-3(b) shall be exempt from all fees.

SECTION 3. This act shall take effect upon passage.

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