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State of Rhode Island 2004 -- S 2330 ======= LC01353 ======= STATE OF RHODE ISLAND IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2004 ____________ A N A C T RELATING TO DEER HUNTING Introduced By: Senators Breene, Tassoni, Blais, Ciccone, and Walaska Date Introduced: February 10, 2004 Referred To: Senate Environment & Agriculture It is enacted by the General Assembly as follows: 1 SECTION 1. Sections 20-15-1, 20-15-2, 20-15-4 and 20-15-5 of the General Laws in 2 Chapter 20-15 entitled "Deer Hunting" are hereby amended to read as follows: 3 20-15-1. Deer hunting prohibited except as provided. -- No person shall hunt, pursue, 4 or shoot, or attempt to hunt, pursue, or shoot, deer in this state except as provided in this chapter. 5 Deer hunting shall be limited to seasons, times, manner of taking, and bag limits established in 6 regulations adopted by the director pursuant to section 20-1-12. The regulations shall be 7 formulated to include the best methods to provide for the safety both of hunters and residents. In 8 any event, the following prohibitions and restrictions shall always apply to deer hunting: 9 (1) (i) No firearm deer hunting shall be done within five hundred feet (500') of any 10 building or dwelling house in use, without the specific written permission of the owner or tenant 11 of the dwelling. 12 (ii) No archery deer hunting shall be done within two hundred feet (200') of any building 13 or dwelling house in use without the specific written permission of the owner or tenant of the 14 dwelling unless otherwise established in regulations adopted by the director or his or her designee 15 for the purpose of wildlife management; 16 (2) Hunting shall only be permitted from one half (1/2) hour before sunrise to one half 17 (1/2) hour after sunset; 18 (3) No dog shall be employed in any deer hunting activities; 19 (4) No hunting shall be done on any privately owned land without the written permission 1 of the owner of the land; 2 (5) Only a shotgun, muzzle loading rifle, or long bow (straight limb, reflex, recurve, and 3 compound bow) or crossbow and arrow shall be utilized in deer hunting; 4 (6) No person shall make, set, or use any trap or snare, or salt lick or other device for the 5 purpose of ensnaring, enticing, taking, injuring, or killing a deer; 6 (7) No person shall individually, or in conjunction with others, use an artificial light at 7 any time to illuminate, jack light, locate, attempt to locate, or show up wild birds or mammals or 8 any other vertebrates when that person or persons have in their actual possession, in the passenger 9 compartment of their vehicle, or in the storage area of a truck or van, unless locked in a case, a 10 crossbow, long bow (straight limb, reflex, recurve, and compound bow) rifle, gun, or pistol; and 11 (8) Upon conviction of a violation of any provisio n of this section or the rules and 12 regulations promulgated under this section and section 20-1-12, in addition to the penalties 13 provided by section 20-1-16, any weapons, guns, lights, or other equipment used in killing or 14 attempting to kill any deer shall be forfeited to the state. 15 20-15-2. Deer permits. – (a) No person shall hunt deer within this state unless that 16 person possesses a deer tag. Any resident or non-resident holder of a hunting license or 17 combination license may obtain a shotgun, muzzle loading rifle, or crossbow, or archery deer tag 18 from the director. The deer permit shall be carried at all times by the person to whom it is issued 19 while hunting for deer. Any person who takes a deer in this state shall immediately affix his or 20 her tag portion of his or her deer permit to the carcass of the taken deer, and, within twenty-four 21 (24) hours of the taking, convey the deer to a conservation an environmental police officer or 22 other designee of the department, or to a deer check station, if one is in operation at the time, for 23 checking. Any dead deer found not having a tag attached to it identifying the owner shall be the 24 property of the state and shall be seized by any conservation environmental police officer who 25 finds or locates the carcass, to be disposed of by direction of the director. 26 (b) Crossbow permits. Crossbow permits may be issued by the department to those 27 persons who have a permanent physical impairment due to injury or disease, congenital or 28 acquired, which renders them so severely disabled as to be unable to use a conventional bow and 29 arrow device. Said permits will be issued by the department only after the receipt of a physician's 30 statement confirming the applicant is impaired as referred to above. All permittees must have 31 taken and successfully completed both hunter education and bow hunter education classes prior to 32 the issuance of a permit. 33 20-15-4. Equipment used by archers. -- A person hunting, pursuing or taking deer by 34 archery shall be equipped with a long bow (straight limb, reflex, recurve, and compound bow) of 2 1 not less than forty (40) pounds pull at the archer's draw length, and shall use only broadhead 2 arrows, with at least two (2) cutting edges seven eighths inches (7/8") or greater in width at the 3 widest point. Each arrow possessed while hunting shall be marked with the name and address of 4 the person using it. No bow used in hunting deer shall be equipped with any mechanical device 5 for drawing or releasing the arrow. (a) No person hunting, pursuing or taking deer by archery 6 shall be equipped with equipment not authorized by regulations promulgated by the department 7 and/or as authorized by subsection (b) herein. 8 (b) Possession of archery aid devices for deer hunting with special permit. Any person 9 who has a permanent physical impairment due to injury or disease, congenital or acquired, which 10 renders them so severely disabled as to be unable to use a conventional bow and arrow device, 11 and/or who is sixty-five (65) years of age or older, may legally hunt deer using adaptive 12 equipment and aids. Said permits will be issued by the department only after the receipt of a 13 physician's statement confirming the applicant is impaired as referred to above. 14 20-15-5. Possession of unlawful weapons while hunting. -- No person shall use or have 15 in his or her possession while hunting for deer, pistols, guns or other firearms, spear guns, 16 crossbows, explosive points, poisonous or barbed points or any other projectile, propelled by any 17 means, capable of carrying or injecting any incapacitating drug or chemical; provided, however, 18 that a duly licensed person may hunt for deer by shotgun, muzzle loading rifle, or long bow 19 (straight limb, reflex, recurve, or compound bow) or crossbow. Possession of any deer showing 20 evidence that it was taken with a prohibited device shall be a violation of this section. Upon 21 conviction of a violation of any provision of this section, any weapons, guns, or ammunition shall 22 be forfeited to the state. 23 SECTION 2. This act shall take effect upon passage. ======= LC01353 ======= 3 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO DEER HUNTING *** 1 This act would allow the issuance of permits to hunt with crossbows. This act would also 2 allow persons with certain impairments to use adaptive equipment and aids while engaged in 3 hunting. 4 This act would take effect upon passage. ======= LC01353 ======= 4 .
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