§ 20-15-3 - Permit to landowner to protect property.
SECTION 20-15-3
§ 20-15-3 Permit to landowner to protectproperty. – (a) Any person owning or occupying any property and any employee of thatperson, while on that person's premises, may kill any deer found destroying anycrops, vegetables, or fruit trees, or otherwise causing damage to thatproperty; provided, however, that this person shall not kill any deer unless heor she has obtained a permit from the director to do so. The director, onapplication, may issue the permit to any responsible owner or the owner'semployee, provided that no such permit shall be issued until the director hasdetermined that actual damage has been done to crops, vegetables, fruit trees,or other property by any deer, and that no practical alternative to theshooting of the deer is available. This permit shall be issued on an annualbasis at a fee of twenty-five dollars ($25.00). Any person taking or wounding adeer under the permit shall report the taking or wounding to a conservationofficer or other designee of the director within twenty-four (24) hours of thetaking or wounding.
(b) Hunting shall only be permitted from one half (1/2) hourbefore sunrise to one half (1/2) hour after sunset; provided that the director,subject to terms and conditions to be set forth by regulation, may authorizehunting at other times on farmlands; and further provided, that these farmshave experienced severe deer damage to a cash crop or crops, and have attemptedunsuccessfully other reasonable means of controlling the damage, includingdaylight hunting; and provided further, that the director determines whetherthese farmlands are of sufficient size to support night hunting withoutendangering the public safety. A night hunting permit may be issued by thedirector to any responsible owner or the owner's employee, provided that nosuch permit shall be issued until the director has determined that actualdamage has been done to crops, vegetables, fruit trees, or other property byany deer, and that no practical alternative to the shooting of the deer isavailable. This permit shall be issued on an annual basis at a fee oftwenty-five dollars ($25.00).
(c) Under the authority of the director, the division ofagriculture shall be responsible for administering the provisions of thissection as they relate to farmers, and may also be responsible foradministering this section as it relates to other landowners.