Connecticut Seal

General Assembly

Amendment

 

February Session, 2016

LCO No. 6110

   
 

*HB0531506110SDO*

Offered by:

 

SEN. KENNEDY, 12th Dist.

REP. ALBIS, 99th Dist.

REP. LESSER, 100th Dist.

REP. MINER, 66th Dist.

 

To: Subst. House Bill No. 5315

File No. 739

Cal. No. 515

"AN ACT CONCERNING THE HABITUATION OF BEARS AND COYOTES ON PROPERTY NOT OWNED BY THE STATE. "

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. Section 26-25a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Commissioner of Energy and Environmental Protection may adopt regulations in accordance with the provisions of chapter 54 prohibiting or restricting the feeding of wildlife on state-owned property and prohibiting or restricting the feeding of bears or coyotes on property that is not owned by the state and that is designated by the commissioner as an area where such feeding of bears or coyotes is prohibited or restricted. Such regulations shall include, but not be limited to, procedures for designating areas subject to such prohibitions or restrictions and authorization to issue warnings and provide educational materials for first-time violations for feeding bears or coyotes that occur on property that is not owned by the state and that is designated by the commissioner as an area where such feeding of bears or coyotes is prohibited or restricted. Any such designation shall be effective after public notice and a public comment period.

(b) Any conservation officer appointed pursuant to section 26-5 and any other officer authorized to serve criminal process may enforce any regulations adopted pursuant to subsection (a) of this section. Any violation of such regulations shall be an infraction, except a first-time violation for feeding bears or coyotes, that occurs on property that is not owned by the state and that is designated by the commissioner as an area where such feeding of bears or coyotes is prohibited or restricted shall result in the issuance of a written warning and provision of education materials.

Sec. 2. Section 26-82a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The commissioner shall issue, upon payment of a five-dollar fee, to the owner of ten or more acres of private land or a resident of this state, who has the consent of the owner of ten or more acres of private land, a private land [revolver] handgun permit that allows the use of a [revolver, as defined in section 29-27,] handgun to hunt deer from November first to December thirty-first, inclusive, pursuant to the bag limit established for a private land deer permit under subsection (a) of section 26-86a. For the purposes of this section and section 26-35, as amended by this act, "handgun" means any firearm with a rifled bore that is intended to be fired from a handheld position and that holds individual cartridges in individual chambers regardless of whether such firearm contains multiple chambers arrayed in a cylinder or a single chamber. Any person who uses a handgun to hunt deer pursuant to this section shall additionally use such handgun in accordance with the provisions of title 29 if such handgun meets the definition of a pistol or revolver, as defined in section 29-27. Any person authorized to hunt deer by [revolver] handgun pursuant to this section shall use a cartridge of . 357 caliber or larger for such purpose.

Sec. 3. Section 26-35 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

Each firearms hunting, archery hunting, trapping or sport fishing license or the combination firearms hunting and fishing license, except licenses issued pursuant to subdivisions (4), (19) and (21) 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 handgun, pistol or revolver, except as provided in section 26-82a.

Sec. 4. Section 26-78 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) No person shall buy, sell or exchange, or have in possession with intent to sell or exchange, any wild or game bird, wild quadruped, reptile or amphibian, alive or dead, or parts thereof, including plumage of any such bird, except as provided in this chapter, provided any game bird, wild quadruped, reptile or amphibian, alive or dead, or parts thereof, not including plumage of any such bird, legally taken and legally transported into this state from any other state or country which does not prohibit the sale or exportation of such bird, wild quadruped, reptile or amphibian, may be bought or sold in this state at any time of the year under such regulations as may be made by the commissioner. The commissioner may make regulations governing the importation, transportation, purchase, sale or exchange of wild or game bird plumage. Any wild or game bird, wild quadruped, reptile or amphibian, alive or dead, or parts thereof, including plumage of such birds, possessed contrary to any of the provisions of this section or any regulation made by the commissioner, shall be seized by any representative of the department; and the commissioner or his authorized agent shall make disposition of the same by sale or destruction or by gift to any educational institution, museum, zoological park or any other suitable place where in the opinion of the commissioner an educational purpose will be served. The provisions of this section shall not prohibit the possession, sale or exchange of heads, hides or pelts of legally acquired deer and fur-bearing animals or the possession and mounting of legally acquired game birds, wild quadrupeds, reptiles and amphibians. Each wild or game bird, wild quadruped, reptile or amphibian, or part thereof, or each lot or package of wild or game bird plumage, possessed contrary to any provision of this section or any regulation issued by the commissioner, shall constitute a separate offense. Said commissioner may make regulations authorizing the importation, exportation, possession, sale and exchange of legally acquired, protected and unprotected species of live wild birds, live wild quadrupeds, reptiles and amphibians under such conditions as said commissioner shall determine. Said commissioner may order any such bird, quadruped, reptile or amphibian impounded for such period, at such place and in such manner as is determined by the commissioner, to allow examination to determine if such bird, quadruped, reptile or amphibian is diseased or infected with parasites, and the commissioner is authorized to order the destruction of such bird, quadruped, reptile or amphibian when in his opinion such action would be advisable in the public interest. Any person who violates any provision of this section or any regulation or order issued by the commissioner under this section shall be guilty of a class C misdemeanor. The provisions of this section shall not apply to snapping turtles except as provided in regulations adopted pursuant to subsection (b) of this section.

(b) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, concerning the purchase, sale, exchange and possession of snapping turtles, whether living or not, and any part thereof. Any snapping turtle purchased, sold or exchanged pursuant to this section and any snapping turtle taken pursuant to any regulation adopted by the commissioner pursuant to section 26-66 shall be reported to the commissioner in such form and manner as required by the commissioner.

(c) After reviewing any data reported pursuant to subsection (b) of this section, the commissioner may charge a fee of not more than twenty dollars for any person to engage in the purchase, sale or exchange of snapping turtles."

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

26-25a

Sec. 2

from passage

26-82a

Sec. 3

from passage

26-35

Sec. 4

October 1, 2016

26-78