Substitute Senate Bill No. 857
Substitute Senate Bill No. 857
PUBLIC ACT NO. 97-250
AN ACT CONCERNING WILDLIFE MANAGEMENT.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 26-35 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Each firearms hunting, archery hunting,
trapping or sport fishing license or the
combination firearms hunting and fishing license,
except licenses issued pursuant to [subdivision
(9)] SUBDIVISIONS (7) AND (10) of subsection (a)
of section 26-28, shall expire December
thirty-first next following the date of issue and
shall not be transferable. No person shall change
or alter such a license or loan to another or
permit another to have or use such license issued
to himself or use any license issued to another.
All licenses shall be carried as designated by the
commissioner at all times when such licensee is
hunting, trapping or sport fishing and shall be
produced for examination upon demand of any
conservation officer or other employee of the
department designated by the commissioner or any
other officer authorized to make arrests or the
owner or lessee or the agent of any owner or
lessee of any land or water upon which such
licensed person may be found. Whenever the
commissioner has designated any land or water area
a wildlife management study area, he may require
such licensee to surrender his license upon
entering such area and issue to the licensee an
arm band, back tag or other identification. The
license shall be returned to the licensee upon
leaving such area. Each person receiving a license
to hunt or to trap shall make an annual report to
the commissioner in such form and at such time as
may be required by him showing the numbers and
kinds of birds and quadrupeds killed or trapped. A
firearms hunting or a combination firearms hunting
and fishing license shall not authorize the
carrying or possession of a pistol or revolver.
Sec. 2. Section 26-101 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The commissioner may establish wildlife
refuges, closed areas [and] OR safety zones on
public lands [and] OR waters [and] OR, [with the
consent of the owner] PROVIDING HE FIRST OBTAINS
THE NECESSARY WRITTEN CONSENT, on private lands
and waters. [, and close such areas to hunting,
trapping, fishing and trespassing] THE
COMMISSIONER MAY CLOSE ANY SUCH AREA, OR PORTION
OF ANY SUCH AREA, TO HUNTING, TRAPPING, FISHING,
OTHER PUBLIC USE, OR TRESPASSING, WHEN HE
DETERMINES SUCH CLOSURE TO BE NECESSARY FOR THE
MANAGEMENT OF ANY WILDLIFE OR PLANT SPECIES OR FOR
PUBLIC SAFETY. THE COMMISSIONER SHALL CAUSE NOTICE
OF SUCH CLOSURE, INCLUDING THE LENGTH OF ANY SUCH
CLOSURE, TO BE POSTED NEAR THE BOUNDARY LINES OR
NEAR ANY AREA, OR PORTION OF ANY AREA, CLOSED
PURSUANT TO THIS SECTION. Any person who [violates
any provision of any regulation issued by the
commissioner pursuant to the provisions of this
section] USES ANY AREA IN VIOLATION OF ANY SUCH
NOTICE OF CLOSURE shall be fined not more than two
hundred dollars or be imprisoned not more than
sixty days or both.
Sec. 3. Section 26-3 of the general statutes
is repealed and the following is substituted in
lieu thereof:
The Commissioner of Environmental Protection
shall enforce all of the laws relating to
wildlife, fish, crustacea, game and nongame birds,
waterfowl and game and fur-bearing animals of the
state and shall possess all powers necessary to
fulfill the duties prescribed by law with respect
thereto and to bring actions in the proper courts
of this state for the enforcement of such laws and
the orders and regulations adopted and promulgated
by him. He shall have the supervision of
hatcheries and retaining ponds and of the
introduction, propagation, securing and
distribution of such fish and game as are adapted
to the waters or lands of this state, and may
designate, as closed to fishing, areas of inland
waters to provide for spawning beds, and may take
at any time or place any fish, crustacean, bird or
animal for scientific and educational purposes,
public health and safety, propagation and
dissemination. He shall have jurisdiction of all
matters relating to fish and game on any land
belonging to the state and the regulation of
hunting, fishing and trapping and the use of the
waters of any lake, pond or stream on such land.
The commissioner shall not grant to any
conservation officer, appointee or other person
any special privileges with respect to hunting,
fishing, trapping or the use of the waters of any
lake, pond or stream on such land. He may erect
buildings upon any such land, subject to the
permission of the authorities of any institution
or commission controlling such land and the
approval of the Commissioner of Public Works and
the State Properties Review Board. He may employ
such special assistants as he finds advisable. He
shall cooperate with the United States Fish and
Wildlife Service and the fish and game
commissioners of other states. He may acquire, by
gift or lease and, with the approval of the
Governor alone, by purchase, lands for the
establishment of fish hatcheries or game
preserves. He may, with the approval of the
Attorney General, grant rights-of-way or other
easements or leases for public purposes to the
United States government, any subdivision of the
state or any public utility within the state on or
with respect to any lands under his jurisdiction
if he finds that such purposes are not in conflict
with the public interest, provided any such public
utility shall pay for any right-of-way, easement
or lease so granted such compensation as said
commissioner considers reasonable. He shall have
authority to establish the boundaries of any
properties under his jurisdiction by agreement
with owners of adjoining property and may, with
the approval of the Attorney General alone,
exchange land with such property owners and
execute deeds in the name of the state for the
purpose of establishing such boundaries. The
commissioner may provide for the importation of
game birds and game and fur-bearing animals, and
provide for the protection, propagation and
distribution of such imported or native birds and
animals. The commissioner may locate, lay out,
construct and maintain nurseries and rearing ponds
where fish may be planted, propagated and reared
and liberate and distribute such fish in the
waters of this state. He may acquire by gift,
purchase, capture or otherwise any fish, game,
game birds or animals for propagation,
experimental or scientific purposes, and may
destroy and dispose of any undesirable [and] OR
diseased WILDLIFE species in the interest of
wildlife management IF HE DETERMINES THAT THE
SPECIES (1) AGGRESSIVELY INVADES, OR IS LIKELY TO
BE DETRIMENTAL TO, AGRICULTURAL CROPS OR NATIVE
PLANTS OR WILDLIFE, (2) IS LIKELY TO BE A CARRIER
OF INSECTS, DISEASE OR PARASITES DETRIMENTAL TO
SUCH CROPS, PLANTS OR WILDLIFE OR (3) IS LIKELY TO
HAVE A DETRIMENTAL EFFECT ON NATURAL OR
AGRICULTURAL ECOSYSTEMS. The commissioner may
enter into cooperative agreements with educational
institutions and state, federal or other agencies
to promote wildlife research and to train [men]
PERSONNEL for wildlife management, information,
distribution and education projects, and may enter
into cooperative agreements with federal agencies,
municipalities, corporations, organized groups or
landowners, associations and individuals for the
development of game, birds, fish or fur-bearing
animals management and demonstration projects. The
commissioner may allocate and expend for the
protection, restoration, preservation and
propagation of fish, crustacea, game and
fur-bearing animals, and game and nongame birds,
all funds of the state collected, appropriated and
acquired for the purpose.
Sec. 4. Section 26-82 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) No person shall hunt, pursue, wound or
kill any deer or sell or offer for sale or have in
possession the flesh of any deer captured or
killed in this state, or have in possession the
flesh of any deer from any other state or country
unless it is properly tagged as required by such
state or country except as provided by the terms
of this chapter or regulations adopted pursuant
thereto, and except that any landowner or primary
lessee of land owned by such landowner or the
husband or wife or any lineal descendant of such
landowner or lessee or any designated agent of
such landowner or lessee may kill deer with a
shotgun, [or] rifle OR BOW AND ARROW provided a
damage permit has first been obtained from the
commissioner and such person has not been
convicted for any violation of section 26-82, AS
AMENDED BY THIS SECTION, 26-85, 26-86a, AS AMENDED
BY SECTION 5 OF THIS ACT, 26-86b or 26-90 or
subsection (b) of section 26-86a-2 of the
regulations of Connecticut state agencies within
three years preceding the date of application.
Upon the receipt of an application, on forms
provided by the commissioner and containing such
information as said commissioner may require, from
any landowner who has or whose primary lessee has
an actual or potential gross annual income of
twenty-five hundred dollars or more from the
commercial cultivated production of grain, forage,
fruit, vegetables, flowers, ornamental plants or
Christmas trees and who is experiencing an actual
or potential loss of income because of severe
damage by deer, the commissioner shall issue not
more than six damage permits without fee to such
landowner or the primary lessee of such landowner,
or the wife, husband, lineal descendant or
designated agent of such landowner or lessee. The
application shall be notarized and signed by all
landowners or by the landowner or a lessee to whom
a farmer tax exemption permit has been issued
pursuant to subsection (63) of section 12-412.
Such damage permit shall be valid through October
thirty-first of the year in which it is issued and
may specify the hunting implement or shot size or
both which shall be used to take such deer. The
commissioner may at any time revoke such permit
for violation of any provision of this section or
for violation of any regulation pursuant thereto
or upon the request of the applicant.
Notwithstanding the provisions of section 26-85,
the commissioner may issue a permit to any
landowner or primary lessee of land owned by such
landowner or the husband or wife or any lineal
descendant of such landowner or lessee and to not
more than three designated agents of such
landowner or lessee to use a jacklight for the
purpose of taking deer when it is shown, to the
satisfaction of the commissioner, that such deer
is causing damage which cannot be reduced during
the daylight hours between sunrise and one-half
hour after sunset on the land of such landowner.
The commissioner may require notification as
specified on such permit prior to its use. Any
deer killed in accordance with the provisions of
this section shall be the property of the owner of
the land upon which the same has been killed, but
shall not be sold, bartered, traded or offered for
sale, and the person who kills any such deer shall
tag and report each deer killed, as provided in
section 26-86b. Upon receipt of the report
required by section 26-86b, the commissioner shall
issue an additional damage permit to the person
making such report. Any deer killed otherwise than
under the conditions provided for in this chapter
or regulations adopted pursuant thereto shall
remain the property of the state and may be
disposed of by the commissioner at his discretion
to any state institution or may be sold and the
proceeds of such sale shall be remitted to the
State Treasurer, who shall apply the same to the
General Fund, and no person, except the
commissioner, shall retail, sell or offer for sale
the whole or any part of any such deer. No person
shall be a designated agent of more than one
landowner or primary lessee in any calendar year.
No person shall make, set or use any trap, snare,
salt lick, bait or other device for the purpose of
taking, injuring or killing any deer, nor shall
any person hunt, pursue or kill deer being pursued
by any dog, whether or not such dog is owned or
controlled by him, except that no person shall be
guilty of a violation under this section when such
a deer is struck by a motor vehicle operated by
him. No person shall use or allow any dog in his
charge to hunt, pursue or kill deer. No permit
shall be issued when in the opinion of the
Commissioner the Public Safety may be jeopardized.
(b) Any person who violates any provision of
this section shall be fined not less than two
hundred dollars nor more than five hundred dollars
or imprisoned not less than thirty days nor more
than six months or shall be both fined and
imprisoned, for the first offense, and for each
subsequent offense shall be fined not less than
two hundred dollars nor more than one thousand
dollars or imprisoned not more than one year or
shall be both fined and imprisoned.
Sec. 5. Section 26-86a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The commissioner shall establish by
regulation adopted in accordance with the
provisions of chapter 54 standards for deer
management, and methods, regulated areas, bag
limits, seasons and permit eligibility for hunting
deer with bow and arrow, muzzleloader and shotgun,
except that no such hunting shall be permitted on
Sunday. No person shall hunt, pursue, wound or
kill deer with a firearm without first obtaining a
deer permit from the commissioner in addition to
the license required by section 26-27. Application
for such permit shall be made on forms furnished
by the commissioner and containing such
information as he may require. Such permit shall
be of a design prescribed by the commissioner,
shall contain such information and conditions as
the commissioner may require, and may be revoked
for violation of any provision of this chapter or
regulations adopted pursuant thereto. As used in
this section, muzzleloader means a rifle or
shotgun of at least forty-five caliber, incapable
of firing a self-contained cartridge, which uses
powder, ball and wadding loaded separately at the
muzzle end and rifle means a long gun which uses
centerfire ammunition and the projectile of which
is six millimeters or larger in diameter. The fee
for a firearms permit shall be ten dollars for
residents of the state and thirty dollars for
nonresidents. The commissioner shall issue,
without fee, a private land deer permit to the
owner of ten or more acres of private land and the
husband or wife, parent, grandparent, sibling and
any lineal descendant of such owner, provided no
such owner, husband or wife, parent, grandparent,
sibling or lineal descendant shall be issued more
than one such permit per season. Such permit shall
allow the use of a rifle, shotgun, [or]
muzzleloader OR BOW AND ARROW on such land from
November first to December thirty-first,
inclusive. Deer may be so hunted at such times and
in such areas of such state-owned land as are
designated by the Commissioner of Environmental
Protection and on privately owned land with the
signed consent of the landowner, on forms
furnished by the department, and such signed
consent shall be carried by any person when so
hunting on private land. The owner of ten acres or
more of private land may allow the use of a rifle
to hunt deer on such land during the shotgun
season. The commissioner shall determine, by
regulation, the number of consent forms issued for
any regulated area established by said
commissioner. The commissioner shall provide for a
fair and equitable random method for the selection
of successful applicants who may obtain shotgun
and muzzleloader permits for hunting deer on state
lands. Any person whose name appears on more than
one application for a shotgun permit or more than
one application for a muzzleloader permit shall be
disqualified from the selection process for such
permit. No person shall hunt, pursue, wound or
kill deer with a bow and arrow without first
obtaining a bow and arrow permit pursuant to
section 26-86c, AS AMENDED BY SECTION 6 OF THIS
ACT. "Bow and arrow" as used in this section and
in section 26-86c, AS AMENDED BY SECTION 6 OF THIS
ACT, means a bow capable of propelling a hunting
type arrow of not less than four hundred grains,
one hundred fifty yards free flight on level
ground. The arrowhead shall have two or more
blades and may not be less than seven-eighths of
an inch at the widest point. No person shall carry
firearms of any kind while hunting with a bow and
arrow under said sections.
(b) Any person who takes a deer without a
permit shall be fined not less than two hundred
dollars nor more than five hundred dollars or
imprisoned not less than thirty days nor more than
six months or shall be both fined and imprisoned,
for the first offense, and for each subsequent
offense shall be fined not less than two hundred
dollars nor more than one thousand dollars or
imprisoned not more than one year or shall be both
fined and imprisoned.
Sec. 6. Section 26-86c of the general
statutes is repealed and the following is
substituted in lieu thereof:
No person may hunt deer or small game with a
bow and arrow under the provisions of this chapter
without a valid permit issued by the Commissioner
of Environmental Protection pursuant to this
section OR SECTION 26-86a, AS AMENDED BY SECTION 5
OF THIS ACT, FOR PERSONS HUNTING DEER WITH BOW AND
ARROW UNDER PRIVATE LAND DEER PERMITS ISSUED FREE
TO QUALIFYING LANDOWNERS, HUSBAND OR WIFE, PARENT,
GRANDPARENT, LINEAL DESCENDANT OR SIBLINGS UNDER
THAT SECTION. The fee for such bow and arrow
permit to hunt deer and small game shall be
twenty-two dollars for residents and forty-four
dollars for nonresidents, or thirteen dollars for
any person twelve years of age or older but under
sixteen years of age. Permits to hunt with a bow
and arrow under the provisions of this chapter
shall be issued only to qualified applicants
therefor by the Commissioner of Environmental
Protection, in such form as said commissioner
prescribes. Applications shall be made on forms
furnished by the commissioner containing such
information as he may require and all such
application forms shall have printed thereon: "I
declare under the penalties of false statement
that the statements herein made by me are true and
correct." Any person who makes any material false
statement on such application form shall be guilty
of false statement and shall be subject to the
penalties provided for false statement and said
offense shall be deemed to have been committed in
the town in which the applicant resides. No such
application shall contain any material false
statement. ON AND AFTER JANUARY 1, 2002, PERMITS
TO HUNT WITH A BOW AND ARROW UNDER THE PROVISIONS
OF THIS CHAPTER SHALL BE ISSUED ONLY TO QUALIFIED
APPLICANTS WHO HAVE SUCCESSFULLY COMPLETED THE
CONSERVATION EDUCATION BOW HUNTING COURSE AS
SPECIFIED IN SECTION 26-31, AS AMENDED BY SECTION
7 OF THIS ACT, OR AN EQUIVALENT COURSE IN ANOTHER
STATE.
Sec. 7. Section 26-31 of the general statutes
is amended by adding subsection (g) as follows:
(NEW) (g) Any holder of a hunting license
which has been suspended under section 26-61, as
amended by section 8 of this act, for a hunting
safety violation as identified by the commissioner
in the Hunting and Trapping Guide published
annually by the Department of Environmental
Protection or any holder of such a license which
has been suspended under section 26-62 shall
successfully complete a remedial hunter education
course formulated by the Commissioner of
Environmental Protection prior to any
reinstatement of such license.
Sec. 8. Section 26-61 of the general statutes
is amended by adding subsection (f) as follows:
(NEW) (f) Any person whose hunting license is
under suspension for a hunting safety violation as
identified in section 26-31, as amended by section
7 of this act, shall successfully complete a
remedial hunter education course as required by
said section prior to any restoration or
reinstatement by the commissioner of his privilege
to obtain a hunting license.
Sec. 9. Section 26-62 of the general statutes
is repealed and the following is substituted in
lieu thereof:
Any person who, with any weapon or instrument
used in hunting, injures or causes the death of
any person, or injures or causes the death of any
animal other than a wild animal, or damages the
property of another, shall be given a hearing by
the commissioner, who may, for cause shown,
suspend the hunting license or, if no license is
held, the privilege of such person to hunt, for
such period of time as the commissioner deems
advisable. Any such person may apply to the
commissioner for the restoration of his hunting
privilege and the commissioner shall hear such
application and may at his discretion, restore the
hunting privilege. ANY PERSON WHOSE HUNTING
LICENSE IS UNDER SUSPENSION PURSUANT TO THIS
SECTION SHALL SUCCESSFULLY COMPLETE A REMEDIAL
HUNTER EDUCATION COURSE AS REQUIRED UNDER SECTION
26-31, AS AMENDED BY SECTION 7 OF THIS ACT, PRIOR
TO ANY RESTORATION OF HIS PRIVILEGE TO OBTAIN A
HUNTING LICENSE.
Sec. 10. Section 26-48a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The commissioner may establish, by
regulations adopted in accordance with the
provisions of chapter 54, standards for the
management of salmon, MIGRATORY GAME BIRDS IN
ACCORDANCE WITH SECTION 26-92, pheasant and turkey
which shall include provision for the issuance of
permits, tags or stamps. The commissioner may
charge a fee for a permit, tag or stamp as
follows: Not more than ten dollars for turkey; NOT
MORE THAN TWO DOLLARS FOR MIGRATORY GAME BIRDS;
not more than ten dollars for pheasant and not
more than twenty dollars for salmon. No person
shall be issued a permit, tag or stamp for
MIGRATORY BIRDS, pheasant or turkey without first
obtaining a license to hunt and no person shall be
issued a permit, tag or stamp for salmon without
first obtaining a license to fish. Notwithstanding
any provision of any regulation to the contrary,
the commissioner may charge a fee of ten dollars
for the issuance of a permit to hunt wild turkey
on state-owned or private land during the fall
season.
(b) Such permits, tags or stamps shall be
issued to qualified applicants by any town clerk.
Application for such permits, tags or stamps shall
be on such form AND REQUIRE OF THE APPLICANT SUCH
INFORMATION as the commissioner may prescribe. The
commissioner may adopt regulations in accordance
with the provisions of chapter 54 authorizing a
town clerk to retain part of any fee paid for a
permit, tag or stamp issued by such town clerk
pursuant to this section, provided the amount
retained shall not be less than fifty cents.
Approved June 27, 1997