2004 -- S 2330 ======LC01353 ======STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2004 ______

A N A C T

RELATING TO DEER

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 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 ======

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