Sources: General Laws of Rhode Island, 1956, Title 19; Reenactment of 1989; 1992 Cumulative Pocket Supplement.
STATE WILDLIFE POLICY
The General Assembly finds that the animal life inhabiting the lands of the state, its lakes, ponds, streams, and rivers, and the marine waters within its territorial jurisdiction, are a precious, renewable, natural resource which, through application of enlightened management techniques, can be developed, preserved, and maintained for the beauty and mystery that wild animals bring to our environment. The General Assembly further finds that management of fish and wildlife through establishment of hunting and fishing seasons, setting of size, catch, possession, and bag limits, regulation of the manner of hunting and fishing, and establishment of conservation policies should be pursued utilizing modern scientific techniques, having regard for the fluctuations of species populations, the effect of management practices on fish and wildlife, and the conservation and perpetuation of all species of fish and wildlife (20-1-1).
The State of Rhode Island and Providence Plantations recognizes that a diversified, stable, clean, and aesthetically satisfying natural environment is essential to the health, safety and welfare of the people of Rhode Island; such an environment contributes significantly to economic and social development and progress and is also of high value for educational, scientific, recreational and other purposes; it is further recognized that the continued existence of such a natural environment within Rhode Island is dependent upon maintenaning a high order of diversity of life forms and is equally dependent upon the maintenance of sufficient and suitable natural habitat in which such a diverse fauna and flora can reproduce, find food, shelter, and clean soil, water, and otherwise to sustain their existences; it is recognized that in addition to appropriate habitat, diversity and numbers of species and individuals in native faunal and floral populations is the key to maintaining a healthy, stable, and productive natural environment within which the citizens of Rhode Island can function, it is acknowledged that Rhode Island has a distinctive natural community of living things worthy of protecting for its own sake and for the use and benefits of its people; it is further recognized that the existence of many individual species of animals and plants within Rhode Island has been and may continue to be threatened by intentional and unintentional activities of humans. It is declared to be the intent of the state, to provide a means by which "nongame wildlife" research and management may be financed through a voluntary check-off of a portion of an income tax refund owed to a taxpayer by the state. It is also intended that funds generated by the check-off be supplemental to funds which would otherwise be available for the above purposes, and that the funds be used only for "nongame wildlife" research and management (20-18.1-1). (See also RELEVANT WILDLIFE DEFINITIONS and Agency Funding Sources under STATE FISH AND WILDLIFE AGENCIES.)
It is the policy of this state to contribute to the maintenance of a high quality environment for the safety, health and welfare of its citizens by forbidding the importation, sale, offering for sale, transportation, storage, traffic, ownership, or other possession or use of a dead or live animal or plant or part, or body, whether raw, manufactured, processed, or preserved, of any species of animal or plant under the provisions of the Federal Endangered Species Acts of 1969 and 1973 (20-37-1). (See also RELEVANT WILDLIFE DEFINITIONS and PROTECTED SPECIES OF WILDLIFE.)
PROTECTED SPECIES OF WILDLIFE
No person shall buy, sell, offer for sale, store, transport, import, export, or otherwise traffic in an animal or part, living, dead, processed, manufactured, preserved, or raw if the animal has been declared to be an endangered species by either the US Secretaries of the Interior or Commerce or by the Director. The only exception shall be for scientific research or educational displays either of which must be done by or under the formal supervision of a legitimate college or university, with a special permit for each individual excepted species, to be issued by the Director. The permit will be denied if issuance would not be entirely justified or in the best interests of preservation and protecting of the species. Under no circumstances will a permit be granted if commercial considerations are involved (20-37-3).
The Director and all enforcement personnel, all members of the state police force and all authorized city and town law enforcement authorities shall have the power to enforce this law. They shall have authority under warrant to search for and seize goods, merchandise or animal sold or offered for sale or otherwise used or possessed illegally, or property or item used in connection with a violation of this section; the seized goods, wildlife or property shall be held pending proceedings in a court of jurisdiction. Upon conviction, the seized goods, merchandise or animals shall be forfeited, and either offered to a university for scientific or educational purposes, or destroyed. The possessor of an animal included under this chapter shall have the burden of proof that the animal or parts is not held in violation. Individuals in possession of skins of endangered species must show that the skins were purchased or obtained prior to January 1, 1974 (20-37-4). Violation: $500-5,000 fine; and/or jail up to one year (20-37- 5). (See also STATE WILDLIFE POLICY for Endangered Species Provisions.)
No person shall hunt, pursue, shoot or trap defined fur-bearing mammals except in accordance with the Director's regulations (20-16-1). No person shall hunt, trap, take, or kill an otter in this state. Violation: $100 fine for each offense (20-16-17).
See also STATE WILDLIFE POLICY for statement on nongame wildlife.
HABITAT PROTECTION
For state use, and subject to State Properties Committee approval, the Director may acquire by gift, lease, purchase or easement, state land for protecting, conserving, cultivation, or propagating a wildlife species, and with the owner's consent, control land suitable for the same purposes. Land so acquired shall be posted and designated as a state park or management area (20-18-1). It is unlawful to hunt, trap, pursue, take or kill, or molest or destroy a wild bird or the nest or eggs, or a wild animal, on land leased or controlled by the Department except the Director may authorize in writing a deputy and/or landowner, to hunt, take or kill a wild bird or animal detrimental to its species or other species, to agriculture or other plant life, or to man (20-18-2).
It is unlawful to hunt, trap, take or kill, or molest or destroy wild birds, or their nests or eggs, or a wild animal within the boundaries of a state management area, park, or land held in trust for public use, except, with advisable limitations, and consistent with state laws and rules relating to seasons, bag and size limits and manner of taking, the authorities controlling such lands may authorize persons by written permit to hunt, take or kill within the boundaries unprotected wild birds or animals (20-18-3).
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New Mexico Center for Wildlife Law
University of New Mexico School of Law
1117 Stanford NE, Albuquerque, NM 87131
(505) 277-5006
lprovenc@unm.edu