Connecticut 2019 Regular Session

Connecticut Senate Bill SB00586 Compare Versions

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3		-	LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00586-R02-
4		-	SB.docx
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	3	+	LCO No. 4336 1 of 7
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7		-	General Assembly ~~Substitute~~ Bill No. 586
	5	+	General Assembly Committee Bill No. 586
8	6		January Session, 2019
	7	+	LCO No. 4336
	8	+
	9	+
	10	+	Referred to Committee on ENVIRONMENT
	11	+
	12	+
	13	+	Introduced by:
	14	+	(ENV)
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12		-
13		-
14		-	AN ACT CONCERNING TH E CONTROL OF NUISANC E WILDLIFE.
	18	+	AN ACT AUTHORIZING B LACK BEAR HUNTING IN LITCHFIELD
	19	+	COUNTY.
15	20		Be it enacted by the Senate and House of Representatives in General
16	21		Assembly convened:
17	22
18		-	Section 1. Subsection (a) of section 26-47 of the general statutes is 1
19		-	repealed and the following is substituted in lieu thereof (Effective 2
20		-	October 1, 2019): 3
21		-	(a) When it is shown to the satisfaction of the commissioner that 4
22		-	wildlife is causing unreasonable damage to agricultural crops, [during 5
23		-	the night and it is found by the commissioner that control of such 6
24		-	damage by wildlife is impracticable during the daylight hours] 7
25		-	livestock, poultry or bees, the commissioner may issue permits for the 8
26		-	taking of such wildlife as the commissioner deems necessary to control 9
27		-	such damage by such method and at such time of day as the 10
28		-	commissioner determines, including the use of lights, during the 11
29		-	period between sunset and sunrise, upon written application of the 12
30		-	owner or lessee of record of the land on which such crops are grown or 13
31		-	such livestock, poultry or bees are cared for, raised or fed. Such 14
32		-	permits may be issued to any qualified person designated by such 15
33		-	landowner or lessee. The person to whom such permit is issued shall 16
34		-	be held responsible for complying with the conditions under which 17
35		-	such permit is issued which shall include, but not be limited to, the 18
36		-	taking of such wildlife on the land where such crops are grown or such 19
37		-	livestock, poultry or bees are cared for, raised or fed. The person to 20 Substitute Bill No. 586
	23	+	Section 1. Section 26-86a of the general statutes is repealed and the 1
	24	+	following is substituted in lieu thereof (Effective October 1, 2019): 2
	25	+	(a) (1) The commissioner shall establish by regulation adopted in 3
	26	+	accordance with the provisions of chapter 54 standards for deer 4
	27	+	management, and methods, regulated areas, bag limits, seasons and 5
	28	+	permit eligibility for hunting deer with bow and arrow, muzzleloader 6
	29	+	and shotgun, except that no such hunting shall be permitted on 7
	30	+	Sunday by any means other than with bow and arrow on private 8
	31	+	property pursuant to section 26-73. No person shall hunt, pursue, 9
	32	+	wound or kill deer with a firearm without first obtaining a deer permit 10
	33	+	from the commissioner in addition to the license required by section 11
	34	+	26-27. Application for such permit shall be made on forms furnished 12
	35	+	by the commissioner and containing such information as he may 13
	36	+	require. Such permit shall be of a design prescribed by the 14
	37	+	commissioner, shall contain such information and conditions as the 15
	38	+	commissioner may require, and may be revoked for violation of any 16
	39	+	Committee Bill No. 586
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44		-	whom such permit is issued may retain any wildlife taken pursuant to 21
45		-	such a permit. The provisions of this section shall not apply to deer. 22
	44	+	provision of this chapter or regulations adopted pursuant thereto. As 17
	45	+	used in this section, "muzzleloader" means a rifle or shotgun of at least 18
	46	+	forty-five caliber, incapable of firing a self-contained cartridge, which 19
	47	+	uses powder, a projectile, including, but not limited to, a standard 20
	48	+	round ball, mini-balls, maxi-balls and Sabot bullets, and wadding 21
	49	+	loaded separately at the muzzle end, and "rifle" means a long gun the 22
	50	+	projectile of which is six millimeters or larger in diameter. The fee for a 23
	51	+	firearms permit shall be nineteen dollars for residents of the state and 24
	52	+	sixty-eight dollars for nonresidents, except that any nonresident who is 25
	53	+	an active full-time member of the armed forces, as defined in section 26
	54	+	27-103, may purchase a firearms permit for the same fee as is charged a 27
	55	+	resident of the state. The commissioner shall issue, without fee, a 28
	56	+	private land deer permit to the owner of ten or more acres of private 29
	57	+	land and the husband or wife, parent, grandparent, sibling and any 30
	58	+	lineal descendant of such owner, provided no such owner, husband or 31
	59	+	wife, parent, grandparent, sibling or lineal descendant shall be issued 32
	60	+	more than one such permit per season. Such permit shall allow the use 33
	61	+	of a rifle, shotgun, muzzleloader or bow and arrow on such land from 34
	62	+	November first to December thirty-first, inclusive. Deer may be so 35
	63	+	hunted at such times and in such areas of such state-owned land as are 36
	64	+	designated by the Commissioner of Energy and Environmental 37
	65	+	Protection and on privately owned land with the signed consent of the 38
	66	+	landowner, on forms furnished by the department, and such signed 39
	67	+	consent shall be carried by any person when so hunting on private 40
	68	+	land. The owner of ten acres or more of private land may allow the use 41
	69	+	of a rifle to hunt deer on such land during the shotgun season. The 42
	70	+	commissioner shall determine, by regulation, the number of consent 43
	71	+	forms issued for any regulated area established by said commissioner. 44
	72	+	The commissioner shall provide for a fair and equitable random 45
	73	+	method for the selection of successful applicants who may obtain 46
	74	+	shotgun and muzzleloader permits for hunting deer on state lands. 47
	75	+	Any person whose name appears on more than one application for a 48
	76	+	shotgun permit or more than one application for a muzzleloader 49
	77	+	permit shall be disqualified from the selection process for such permit. 50
	78	+	Committee Bill No. 586
	79	+
	80	+
	81	+	LCO No. 4336 3 of 7
	82	+
	83	+	No person shall hunt, pursue, wound or kill deer with a bow and 51
	84	+	arrow without first obtaining a bow and arrow permit pursuant to 52
	85	+	section 26-86c, as amended by this act. "Bow and arrow", as used in 53
	86	+	this section and in section 26-86c, as amended by this act, means a bow 54
	87	+	with a draw weight of not less than forty pounds. The arrowhead shall 55
	88	+	have two or more blades and may not be less than seven-eighths of an 56
	89	+	inch at the widest point. No person shall carry firearms of any kind 57
	90	+	while hunting with a bow and arrow under this section and section 26-58
	91	+	86c, as amended by this act. 59
	92	+	(2) Any regulations adopted pursuant to subsection (a) of this 60
	93	+	section may provide for the hunting of black bear in Litchfield County 61
	94	+	provided any such regulations: (A) Permit the taking of black bear 62
	95	+	during the first year of such hunting at a rate that does not exceed five 63
	96	+	per cent of the total black bear population in the state as of the effective 64
	97	+	date of this section, (B) require the submission of a report to the joint 65
	98	+	standing committee of the General Assembly having cognizance of 66
	99	+	matters relating to the environment one year after the beginning of 67
	100	+	such black bear hunting that includes information on the number of 68
	101	+	black bear taken pursuant to such hunting, the number of licenses 69
	102	+	issued by the department to hunt such black bear and any 70
	103	+	recommendations of the commissioner for any modifications to such 71
	104	+	black bear hunting in the state, (C) authorize such hunting only on 72
	105	+	private lands, (D) prohibit such hunting on Sundays, and (E) prescribe 73
	106	+	that such hunting only be by bow and arrow or long gun. 74
	107	+	(b) Any person who takes a deer or black bear without a permit 75
	108	+	shall be fined not less than two hundred dollars or more than five 76
	109	+	hundred dollars or imprisoned not less than thirty days or more than 77
	110	+	six months or shall be both fined and imprisoned, for the first offense, 78
	111	+	and for each subsequent offense shall be fined not less than two 79
	112	+	hundred dollars or more than one thousand dollars or imprisoned not 80
	113	+	more than one year or shall be both fined and imprisoned. The 81
	114	+	provisions of this subsection concerning black bear shall only be 82
	115	+	applicable after the commissioner adopts regulations pursuant to 83
	116	+	Committee Bill No. 586
	117	+
	118	+
	119	+	LCO No. 4336 4 of 7
	120	+
	121	+	subdivision (2) of subsection (a) of this section. 84
	122	+	Sec. 2. Section 26-86b of the general statutes is repealed and the 85
	123	+	following is substituted in lieu thereof (Effective October 1, 2019): 86
	124	+	The commissioner shall issue tags to be attached to the carcass of 87
	125	+	any deer killed under the provisions of sections 26-82 and 26-86a to 26-88
	126	+	86c, inclusive, as amended by this act, which tag shall be immediately 89
	127	+	attached to such deer and remain affixed until such carcass is dressed 90
	128	+	and butchered and packaged for consumption. Each person so taking 91
	129	+	deer shall, within twenty-four hours, report such kill to the 92
	130	+	commissioner on a form furnished by him. The provisions of this 93
	131	+	section shall apply to black bear when the commissioner adopts 94
	132	+	regulations in accordance with section 26-86a, as amended by this act. 95
	133	+	Sec. 3. Section 26-86c of the general statutes is repealed and the 96
	134	+	following is substituted in lieu thereof (Effective October 1, 2019): 97
	135	+	No person may hunt deer, black bear or small game with a bow and 98
	136	+	arrow under the provisions of this chapter without a valid permit 99
	137	+	issued by the Commissioner of Energy and Environmental Protection 100
	138	+	pursuant to this section or section 26-86a, as amended by this act, for 101
	139	+	persons hunting deer or black bear with bow and arrow under private 102
	140	+	land deer and black bear permits issued free to qualifying landowners, 103
	141	+	or their husbands or wives, parents, grandparents, lineal descendants 104
	142	+	or siblings under that section. The fee for such bow and arrow permit 105
	143	+	to hunt deer, black bear and small game shall be forty-one dollars for 106
	144	+	residents and one hundred thirty-five dollars for nonresidents, or 107
	145	+	nineteen dollars for any person twelve years of age or older but under 108
	146	+	sixteen years of age, except that any nonresident who is an active full-109
	147	+	time member of the armed forces, as defined in section 27-103, may 110
	148	+	purchase a bow and arrow permit to hunt deer, black bear and small 111
	149	+	game for the same fee as is charged a resident of the state. The 112
	150	+	provisions of this section concerning black bear shall only be 113
	151	+	applicable after the commissioner adopts regulations in accordance 114
	152	+	with section 26-86a, as amended by this act. Permits to hunt with a 115
	153	+	Committee Bill No. 586
	154	+
	155	+
	156	+	LCO No. 4336 5 of 7
	157	+
	158	+	bow and arrow under the provisions of this chapter shall be issued 116
	159	+	only to qualified applicants therefor by the Commissioner of Energy 117
	160	+	and Environmental Protection, in such form as said commissioner 118
	161	+	prescribes. Applications shall be made on forms furnished by the 119
	162	+	commissioner containing such information as he may require and all 120
	163	+	such application forms shall have printed thereon: "I declare under the 121
	164	+	penalties of false statement that the statements herein made by me are 122
	165	+	true and correct." Any person who makes any material false statement 123
	166	+	on such application form shall be guilty of false statement and shall be 124
	167	+	subject to the penalties provided for false statement and said offense 125
	168	+	shall be deemed to have been committed in the town in which the 126
	169	+	applicant resides. No such application shall contain any material false 127
	170	+	statement. On and after January 1, 2002, permits to hunt with a bow 128
	171	+	and arrow under the provisions of this chapter shall be issued only to 129
	172	+	qualified applicants who have successfully completed the conservation 130
	173	+	education bow hunting course as specified in section 26-31 or an 131
	174	+	equivalent course in another state. 132
	175	+	Sec. 4. Subsection (a) of section 26-28 of the general statutes is 133
	176	+	repealed and the following is substituted in lieu thereof (Effective 134
	177	+	October 1, 2019): 135
	178	+	(a) Except as provided in subsections (b) to (f), inclusive, of this 136
	179	+	section, the fees for firearms hunting, archery hunting, trapping and 137
	180	+	sport fishing licenses or for the combination thereof shall be as follows: 138
	181	+	(1) Resident firearms hunting license, nineteen dollars; (2) resident 139
	182	+	fishing license, twenty-eight dollars; (3) resident marine waters fishing 140
	183	+	license, ten dollars; (4) one-day resident marine waters fishing license, 141
	184	+	five dollars; (5) resident all-waters fishing license, thirty-two dollars; 142
	185	+	(6) resident combination license to fish in inland waters and firearms 143
	186	+	hunt, thirty-eight dollars; (7) resident combination license to fish in 144
	187	+	marine waters and firearms hunt, twenty-five dollars; (8) resident 145
	188	+	combination license to fish in all waters and firearms hunt, forty 146
	189	+	dollars; (9) resident combination license to fish in all waters and bow 147
	190	+	and arrow permit to hunt deer, black bear and small game issued 148
	191	+	Committee Bill No. 586
	192	+
	193	+
	194	+	LCO No. 4336 6 of 7
	195	+
	196	+	pursuant to section 26-86c, as amended by this act, sixty-five dollars; 149
	197	+	(10) resident firearms super sport license to fish in all waters and 150
	198	+	firearms hunt, firearms private land shotgun or rifle deer and black 151
	199	+	bear permit issued pursuant to section 26-86a, as amended by this act, 152
	200	+	and permit to hunt wild turkey during the spring season on private 153
	201	+	land issued pursuant to section 26-48a, seventy dollars; (11) resident 154
	202	+	archery super sport license to fish in all waters, bow and arrow permit 155
	203	+	to hunt deer, black bear and small game issued pursuant to section 26-156
	204	+	86c, as amended by this act, and permit to hunt wild turkey during the 157
	205	+	spring season on private land issued pursuant to section 26-48a, 158
	206	+	eighty-two dollars; (12) resident firearms super sport license to fish in 159
	207	+	all waters and firearms hunt, firearms private land shotgun or rifle 160
	208	+	deer and black bear permit, muzzleloader private land deer and black 161
	209	+	bear permit, pursuant to section 26-86 and private land permit to hunt 162
	210	+	wild turkey during spring season pursuant to section 26-48a, eighty-163
	211	+	four dollars; (13) resident firearms super sport license to fish in all 164
	212	+	waters and firearms hunt, migratory bird conservation stamp, and 165
	213	+	migratory bird harvest permit (HIP), fifty dollars; (14) resident 166
	214	+	trapping license, thirty-four dollars; (15) resident junior trapping 167
	215	+	license for persons under sixteen years of age, eleven dollars; (16) 168
	216	+	junior firearms hunting license, eleven dollars; (17) nonresident 169
	217	+	firearms hunting license, ninety-one dollars; (18) nonresident inland 170
	218	+	waters fishing license, fifty-five dollars; (19) nonresident inland waters 171
	219	+	fishing license for a period of three consecutive days, twenty-two 172
	220	+	dollars; (20) nonresident marine waters fishing license, fifteen dollars; 173
	221	+	(21) nonresident marine waters fishing license for a period of three 174
	222	+	consecutive days, eight dollars; (22) nonresident all-waters fishing 175
	223	+	license, sixty-three dollars; (23) nonresident combination license to 176
	224	+	firearms hunt and inland waters fish, one hundred ten dollars; (24) 177
	225	+	nonresident combination license to fish in all waters and firearms hunt, 178
	226	+	one hundred twenty dollars; (25) nonresident combination license to 179
	227	+	fish in marine waters and firearms hunt, ninety-four dollars; and (26) 180
	228	+	nonresident trapping license, two hundred fifty dollars. The provisions 181
	229	+	of this section concerning black bear shall only be applicable after the 182
	230	+	Committee Bill No. 586
	231	+
	232	+
	233	+	LCO No. 4336 7 of 7
	234	+
	235	+	commissioner adopts regulations in accordance with section 26-86a, as 183
	236	+	amended by this act. Persons sixty-five years of age and over who have 184
	237	+	been residents of this state for not less than one year and who meet the 185
	238	+	requirements of subsection (b) of section 26-31 may be issued an 186
	239	+	annual license to firearms hunt or to fish or combination license to fish 187
	240	+	and firearms hunt or a license to trap without fee. The issuing agency 188
	241	+	shall indicate on a combination license the specific purpose for which 189
	242	+	such license is issued. The town clerk shall retain a recording fee of one 190
	243	+	dollar for each license issued by such clerk. 191
46	244		This act shall take effect as follows and shall amend the following
47	245		sections:
48	246
49		-	Section 1 October 1, 2019 26-47(a)
	247	+	Section 1 October 1, 2019 26-86a
	248	+	Sec. 2 October 1, 2019 26-86b
	249	+	Sec. 3 October 1, 2019 26-86c
	250	+	Sec. 4 October 1, 2019 26-28(a)
50	251
51		-	ENV Joint Favorable Subst.
	252	+	Statement of Purpose:
	253	+	To authorize bear hunting in the state.
52	254
	255	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	256	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	257	+	not underlined.]
	258	+
	259	+
	260	+	Co-Sponsors: SEN. MINER, 30th Dist.; SEN. BERTHEL, 32nd Dist.
	261	+	SEN. MARTIN, 31st Dist.; REP. WILSON, 66th Dist.
	262	+
	263	+	S.B. 586