Chapter 197

2008 -- S 2630 SUBSTITUTE A

Enacted 07/02/08

 

A N A C T

RELATING TO FISH AND WILDLIFE -- BIRDS

          

     Introduced By: Senator Kevin A. Breene

     Date Introduced: February 26, 2008   

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Sections 20-14-1 and 20-14-1.1 of the General Laws in Chapter 20-14

entitled "Birds" are hereby amended to read as follows:

 

     20-14-1. Birds protected. -- (a) No person shall pursue, hunt with intent to kill, take,

destroy, or have in his or her possession any wild bird or birds at any season of the year unless

harvested or taken in accordance with rules and regulations promulgated by the director. except

during the established open seasons. Possession of any bird during the time when the taking of

birds is prohibited shall be evidence that the bird was taken in violation of this section, and each

bird possessed in violation of this section shall constitute a separate and distinct offense.

      (b) This section shall not be construed to apply to any species of birds for which: (1) a

federal depredation permit/order or a control permit/order has been issued in accordance with

applicable federal law; or (2) a state depredation permit has been issued in accordance with

section 20-14-1.1.

 

     20-14-1.1. Bird depredation permits Bird depredation and control permits and

orders. -- (a) A person may petition and be issued a depredation permit/order or control

permit/order from the director or his or her designee, in accordance with applicable federal law,

for the taking of birds when found committing depredations upon agricultural crops, livestock, or

wildlife, or when concentrated in such numbers and manner as to constitute a health or public

safety hazard or other nuisance.

      (b) Before any state depredation permits/orders or control permits/orders are issued, the

director shall promulgate rules and regulations, in accordance with applicable federal law,

establishing standards governing the issuance of the permits/orders and other measures necessary

for the control of birds causing depredation or constituting a health or public safety hazard or

other nuisance.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC01766/SUB A

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