Substitute House Bill No. 6577
Substitute House Bill No. 6577
PUBLIC ACT NO. 97-255
AN ACT CONCERNING CONTROL OF NUISANCE WILDLIFE.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 26-47 of the general statutes is
repealed and the following is substituted in lieu
thereof:
(a) When it is shown to the satisfaction of
the commissioner that wildlife is causing
unreasonable damage to agricultural crops during
the night and it is found by the commissioner that
control of such damage by wildlife is
impracticable during the daylight hours, the
commissioner may issue permits for the taking of
such wildlife as he deems necessary to control
such damage by such method as he determines,
including the use of lights, during the period
between sunset and sunrise, upon written
application of the owner or lessee of record of
the land on which such crops are grown. Such
permits may be issued to any qualified person
designated by such landowner or lessee. The person
to whom such permit is issued shall be held
responsible for complying with the conditions
under which such permit is issued. The provisions
of this section shall not apply to deer.
(b) (1) No person shall engage in the business
of controlling nuisance wildlife, OTHER THAN RATS
OR MICE, without obtaining a license from the
commissioner. Such license shall expire on the
last day of December next succeeding its issuance.
The fee for such license shall be fifty dollars.
The controlling of nuisance wildlife at the
direction of the commissioner shall not constitute
engaging in the business of controlling nuisance
wildlife for the purposes of this section. NO
PERSON SHALL BE LICENSED UNDER THIS SUBSECTION
UNLESS HE PROVIDES EVIDENCE, SATISFACTORY TO THE
COMMISSIONER, THAT HE HAS COMPLETED TRAINING WHICH
INCLUDED INSTRUCTION IN SITE EVALUATION, METHODS
OF APPROVED LETHAL RESOLUTION OF COMMON NUISANCE
WILDLIFE PROBLEMS, TECHNIQUES TO PREVENT
REOCCURRENCE OF SUCH PROBLEMS AND HUMANE CAPTURE,
HANDLING AND EUTHANASIA OF NUISANCE WILDLIFE. The
commissioner shall adopt regulations in accordance
with the provisions of chapter 54 which [(1)] (A)
define the scope and methods for controlling
nuisance wildlife PROVIDED SUCH REGULATIONS SHALL
INCORPORATE THE RECOMMENDATIONS OF THE 1993 REPORT
OF THE AMERICAN VETERINARY MEDICAL ASSOCIATION
PANEL ON EUTHANASIA AND FURTHER PROVIDED SUCH
REGULATIONS MAY PROVIDE FOR THE USE OF SPECIFIC
ALTERNATIVES TO SUCH RECOMMENDATIONS ONLY IN
SPECIFIED CIRCUMSTANCES WHERE USE OF A METHOD OF
KILLING APPROVED BY SUCH ASSOCIATION WOULD INVOLVE
AN IMMINENT THREAT TO HUMAN HEALTH OR SAFETY AND
ONLY IF SUCH ALTERNATIVES ARE DESIGNED TO KILL THE
ANIMAL AS QUICKLY AND PAINLESSLY AS PRACTICABLE
WHILE PROTECTING HUMAN HEALTH AND SAFETY, and
[(2)] (B) establish criteria and procedures for
issuance of a license.
(2) EXCEPT AS OTHERWISE PROVIDED IN
REGULATIONS ADOPTED UNDER THIS SECTION, NO PERSON
LICENSED UNDER THIS SUBSECTION MAY KILL ANY ANIMAL
BY ANY METHOD WHICH DOES NOT CONFORM TO THE
RECOMMENDATIONS OF THE 1993 REPORT OF THE AMERICAN
VETERINARY MEDICAL ASSOCIATION PANEL ON
EUTHANASIA. NO PERSON MAY ADVERTISE ANY SERVICES
RELATING TO HUMANE CAPTURE OR RELOCATION OF
WILDLIFE UNLESS ALL METHODS EMPLOYED IN SUCH
SERVICES CONFORM TO SUCH REGULATIONS.
(3) ANY PERSON LICENSED UNDER THIS SUBSECTION
SHALL PROVIDE A PROSPECTIVE CLIENT WITH A WRITTEN
STATEMENT REGARDING APPROVED LETHAL OPTIONS
AVAILABLE TO THE CLIENT FOR RESOLUTION OF THE
NUISANCE PROBLEM PRIOR TO PROVIDING NUISANCE
WILDLIFE CONTROL SERVICES.
(4) ON OR BEFORE FEBRUARY FIRST OF EACH YEAR,
EACH PERSON LICENSED UNDER THIS SUBSECTION SHALL
SUBMIT A REPORT TO THE COMMISSIONER WHICH
SPECIFIES THE MEANS UTILIZED IN EACH CASE OF
NUISANCE WILDLIFE CONTROL SERVICE PROVIDED IN THE
PRECEDING CALENDAR YEAR INCLUDING ANY METHOD USED
IN THOSE CASES WHERE AN ANIMAL WAS KILLED. ANY
INFORMATION INCLUDED IN SUCH REPORT WHICH
IDENTIFIES A CLIENT OF SUCH PERSON OR THE CLIENT'S
STREET ADDRESS MAY BE RELEASED BY THE COMMISSIONER
ONLY PURSUANT TO AN INVESTIGATION RELATED TO
ENFORCEMENT OF THIS SECTION.
(c) Any person who violates any provision of
this section, or any condition under which a
permit or license is issued, shall be fined not
less than twenty-five dollars nor more than two
hundred dollars or be imprisoned not more than
sixty days or be both fined and imprisoned; and
any permit or license issued to such person, and
all other such permits or licenses issued to any
other person for such property, shall be revoked
by the commissioner and the right to obtain such
permit or license shall remain suspended for such
period of time as the commissioner determines.
(d) Any permit or license issued under this
section shall not authorize the taking of deer.
Approved June 27, 1997