2026 -- H 8451

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LC006339

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO FISH AND WILDLIFE -- DEER HUNTING

     Introduced By: Representative Tina L. Spears

     Date Introduced: April 15, 2026

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

     SECTION 1. Findings and Purpose.

     The General Assembly finds that the town of New Shoreham, located on Block Island,

presents unique ecological, geographic, and public health circumstances with respect to deer

management that are not adequately addressed by the statewide regulatory framework established

under this chapter and § 20-1-12. The island's geographic isolation, limited land area, a deer

population exceeding ecologically sustainable levels, and the associated risks to human health from

tick-borne illness, to native flora and fauna, and to public safety, collectively constitute a distinct

management challenge. It is therefore the purpose of this section to create a mechanism by which

New Shoreham may seek a time-limited exemption from certain statewide prohibitions governing

deer hunting and management, subject to the oversight and approval of the director of the

department of environmental management.

     SECTION 2. Chapter 20-15 of the General Laws entitled "Deer Hunting" is hereby

amended by adding thereto the following section:

     20-15-10. New Shoreham island deer overpopulation exemption.

     (a) Definitions. As used in this section:

     (1) "Director" means the director of the department of environmental management or

designee.

     (2) "Exemption period" means the time-limited period, not to exceed two (2) years, during

which an approved island deer management plan is in effect.

     (3) "Island deer management plan" or "plan" means the written plan submitted by the town

council to the director pursuant to subsection (c) of this section.

     (4) "Town" means the town of New Shoreham.

     (5) "Town council" means the elected town council of the town of New Shoreham.

     (6) "Town lands" means all lands within the territorial jurisdiction of the town of New

Shoreham, including privately owned parcels for which written landowner consent has been

obtained, but expressly excluding any lands owned, managed, or controlled by the federal

government or the State of Rhode Island, unless the relevant federal or state authority has provided

written consent to inclusion.

     (b) Authority to seek exemption. The town council is hereby authorized to petition the

director for a time-limited exemption from one or more of the prohibitions or restrictions set forth

in regulations adopted pursuant to § 20-1-12 including, but not limited to, restrictions concerning

allowable seasons, hunting hours, permissible methods of take, bag limits, and permitting

requirements, for the sole purpose of deer population control on town lands to mitigate tick-borne

illnesses. Nothing in this section shall be construed to authorize an exemption from any prohibition

enumerated in §§ 20-15-(1)(i) and 20-15-(4), or from any requirement of federal law.

     (c) Petition requirements. A petition for exemption submitted by the town council shall be

in writing and shall include, at a minimum, the following:

     (1) A description of the deer population conditions on the island, supported by population

data, wildlife surveys, or other evidence acceptable to the director;

     (2) A demonstration that the deer population presents a significant threat to public health

including, but not limited to, the high incidence of tick-borne illnesses, native ecological resources,

agricultural interests, or public safety on the island;

     (3) A proposed island deer management plan specifying:

     (i) The specific regulatory prohibitions or restrictions from which an exemption is sought;

     (ii) The proposed methods of deer management and take to be authorized in lieu of or in

addition to existing statewide regulations;

     (iii) The geographic boundaries of lands to be covered by the plan;

     (iv) The proposed duration of the exemption period, which shall not exceed two (2)

consecutive years;

     (v) Measurable population reduction targets and benchmarks;

     (vi) Proposed public safety protocols;

     (vii) A harvest reporting and monitoring program; and

     (viii) Evidence that the town council has held at least one duly noticed public hearing on

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the proposed plan prior to submission;

     (4) A list of any local ordinances or regulations the town council proposes to adopt to

implement the plan during the exemption period; and

     (5) A description of coordination efforts with adjacent landowners, conservation

organizations, and other affected parties.

     (d) Review and approval by director. Upon receipt of a complete petition, the director shall:

     (1) Review the petition and island deer management plan for consistency with sound

wildlife management principles, public safety, and applicable state and federal law;

     (2) Hold at least one public hearing on the petition in New Shoreham within thirty (30)

days of receipt of a complete petition;

     (3) Issue a written decision approving, approving with conditions, or denying the petition

within sixty (60) days of the public hearing;

     (4) In approving a petition, specify the precise regulatory provisions from which an

exemption is granted, the exemption period, all conditions and reporting requirements, and any

provisions the director deems necessary to protect public safety and wildlife resources;

     (5) File the approved plan as an emergency or limited regulation in accordance with the

applicable provisions of the chapter 35 of title 42("Administrative Procedures Act"); and

     (6) The director may deny a petition upon a finding that the proposed plan is inconsistent

with public safety, sound wildlife management, or applicable law, and shall state the reasons for

such denial in writing. A denial may be appealed to the department of environmental management

office of administrative adjudication within thirty (30) days.

     (e) Local regulations during exemption period. Upon director approval of an island deer

management plan, the town council is authorized to adopt local ordinances or regulations

implementing the plan solely within town lands, which may include provisions governing:

     (1) Allowable seasons and hunting hours applicable on town lands, subject to the limits

authorized in the approved plan;

     (2) Permissible methods of take, which may include methods not otherwise authorized

under § 20-15-(5), to the extent specifically authorized by the director in the approved plan;

     (3) Landowner cooperative arrangements facilitating access to private lands for purposes

of deer management under the plan;

     (4) Local permitting and certification requirements for persons engaged in deer

management activities under the plan; and

     (5) The administration and disbursement of any local bounty, incentive, or reimbursement

program for deer harvested pursuant to the plan.

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     (6) Local regulations adopted under this subsection shall not conflict with any condition

imposed by the director in approving the plan and shall be filed with the director within thirty (30)

days of adoption.

     (f) Continuation of state enforcement authority. Nothing in this section shall be construed

to limit, diminish, or transfer the enforcement authority of the director, environmental police

officers, or conservation officers under §§ 20-1-5 and 20-1-8. Environmental police officers shall

retain full authority to enforce state law and the conditions of the approved island deer management

plan within town lands throughout any exemption period.

     (g) Reporting and monitoring. During any exemption period, the town shall submit to the

director annual written reports documenting:

     (1) The number and sex of deer harvested;

     (2) Progress toward population reduction targets;

     (3) Any public safety incidents; and

     (4) Such other data as the director may require. The director shall retain authority to modify

or revoke an approved plan at any time upon a finding that continued implementation presents a

threat to public safety or wildlife resources, or that the town has materially failed to comply with

the plan or its conditions, following written notice to the town council and an opportunity to be

heard.

     (h) Expiration and renewal. An exemption period shall expire automatically at the

conclusion of the term specified in the approved plan. The town council may petition for renewal

pursuant to the same process set forth in this section. No exemption shall be in effect for more than

two (2) consecutive years without renewal. Upon expiration or revocation of an exemption, all

statewide regulations under this chapter and § 20-1-12 shall apply in full to town lands.

     (i) Liability and indemnification. The town shall indemnify and hold harmless the State of

Rhode Island, the department of environmental management, and their officers, agents, and

employees from any claims, damages, or liabilities arising from the implementation of an island

deer management plan by the town or its agents.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FISH AND WILDLIFE -- DEER HUNTING

***

     This act would create a mechanism by which the town of New Shoreham may seek a time

limited exemption from certain statewide prohibitions governing deer hunting and management,

subject to the oversight and approval of the director of the department of environmental

management.

     This act would take effect upon passage.

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