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statutes  is  repealed  and   the   following   is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statutes  is  repealed  and   the   following   is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