Chapter 137
2004 --
S 2330
Enacted
06/23/04
A N A C T
RELATING
TO DEER HUNTING
Introduced
By: Senators Breene, Tassoni, Blais, Ciccone, and Walaska
Date
Introduced: February 10, 2004
It is enacted by the General Assembly as follows:
SECTION 1.
Sections 20-15-1, 20-15-2, 20-15-4 and 20-15-5 of the General Laws in
Chapter 20-15 entitled "Deer Hunting"
are hereby amended to read as follows:
20-15-1.
Deer hunting prohibited except as provided. -- No person shall hunt,
pursue,
or shoot, or attempt to hunt, pursue, or shoot,
deer in this state except as provided in this chapter.
Deer hunting shall be limited to seasons, times,
manner of taking, and bag limits established in
regulations adopted by the director pursuant to
section 20-1-12. The regulations shall be
formulated to include the best methods to
provide for the safety both of hunters and residents. In
any event, the following prohibitions and
restrictions shall always apply to deer hunting:
(1) (i) No firearm
deer hunting shall be done within five hundred feet (500') of any
building or dwelling house in use, without the
specific written permission of the owner or tenant
of the dwelling.
(ii) No archery
deer hunting shall be done within two hundred feet (200') of any building
or dwelling house in use without the specific
written permission of the owner or tenant of the
dwelling unless otherwise established in
regulations adopted by the director or his or her designee
for the purpose of wildlife management;
(2) Hunting shall
only be permitted from one half (1/2) hour before sunrise to one half
(1/2) hour after sunset;
(3) No dog shall
be employed in any deer hunting activities;
(4) No hunting
shall be done on any privately owned land without the written permission
of the owner of the land;
(5) Only a
shotgun, muzzle loading rifle, or long bow (straight limb, reflex, recurve, and
compound bow) or crossbow and arrow shall
be utilized in deer hunting;
(6) No person
shall make, set, or use any trap or snare, or salt lick or other device for the
purpose of ensnaring, enticing, taking,
injuring, or killing a deer;
(7) No person
shall individually, or in conjunction with others, use an artificial light at
any time to illuminate, jack light, locate,
attempt to locate, or show up wild birds or mammals or
any other vertebrates when that person or
persons have in their actual possession, in the passenger
compartment of their vehicle, or in the storage
area of a truck or van, unless locked in a case, a
crossbow, long bow (straight limb, reflex,
recurve, and compound bow) rifle, gun, or pistol; and
(8) Upon
conviction of a violation of any provision of this section or the rules and
regulations promulgated under this section and
section 20-1-12, in addition to the penalties
provided by section 20-1-16, any weapons, guns,
lights, or other equipment used in killing or
attempting to kill any deer shall be forfeited
to the state.
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 a
conservation 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
conservation environmental police officer who
finds or locates the carcass, to be disposed of
by direction of the director.
(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.
20-15-4.
Equipment used by archers. -- A person hunting, pursuing or taking
deer by
archery shall be equipped with a long bow
(straight limb, reflex, recurve, and compound bow) of
not less than forty (40) pounds pull at the
archer's draw length, and shall use only broadhead
arrows, with at least two (2) cutting edges
seven eighths inches (7/8") or greater in width at the
widest point. Each arrow possessed while hunting
shall be marked with the name and address of
the person using it. No bow used in hunting deer
shall be equipped with any mechanical device
for drawing or releasing the arrow. (a) No person
hunting, pursuing or taking deer by archery
shall be equipped with equipment not authorized
by regulations promulgated by the department
and/or as authorized by subsection (b) herein.
(b) Possession
of archery aid devices for deer hunting with special permit. Any person
who has 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,
and/or who is sixty-five (65) years of age or
older, may legally hunt deer using adaptive
equipment and aids. 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.
20-15-5.
Possession of unlawful weapons while hunting. -- No person shall use or
have
in his or her possession while hunting for deer,
pistols, guns or other firearms, spear guns,
crossbows, explosive points, poisonous or barbed
points or any other projectile, propelled by any
means, capable of carrying or injecting any
incapacitating drug or chemical; provided, however,
that a duly licensed person may hunt for deer by
shotgun, muzzle loading rifle, or long bow
(straight limb, reflex, recurve, or compound
bow) or crossbow. Possession of any deer showing
evidence that it was taken with a prohibited
device shall be a violation of this section. Upon
conviction of a violation of any provision of
this section, any weapons, guns, or ammunition shall
be forfeited to the state.
SECTION 2. This
act shall take effect upon passage.
=======
LC01353
=======