The Vermont Statutes Online

Title 10: Conservation and Development

Chapter 105: Licenses

• Subchapter 001: GENERALLY

• § 4251. Taking wild animals and fish; license

  (a) Except as provided in sections 4253 and 4254b of this title, a person shall not take wild animals or fish without first having procured a license therefor; provided, however, that a person under 15 years of age may take fish in accordance with this part and regulations of the Board, without first having procured a license therefor.

  (b) The Commissioner of Fish and Wildlife may designate two days each calendar year as “free fishing days” for which no license shall be required. One day shall occur in the open water fishing season and one day shall occur during the ice fishing season. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1989, No. 27; 1989, No. 36, § 4; 2013, No. 78, § 5.)

• § 4252. Activities permitted under licenses

  (a) Subject to provisions of this part and rules of the Board:

  (1) A fishing license shall entitle the holder to take fish.

  (2) A hunting license shall entitle the holder to take wild animals, other than fish, except by trapping and for those species that require a separate big game license, and to shoot and spear pickerel.

  (3) A trapping license shall entitle the holder to take animals other than fish with the use of traps.

  (4) A combination fishing and hunting license shall entitle the holder to take fish and wild animals, except by trapping and for those species that require a separate big game license, and to shoot and spear pickerel.

  (5) An archery license shall entitle the holder to take wild deer by bow and arrow or crossbow.

  (6) A muzzle loader license shall entitle the holder to take deer with a muzzle loading firearm.

  (7) A turkey license shall entitle the holder to take wild turkey.

  (8) A small game license shall entitle the holder to take small game by any lawful means other than a trap.

  (9) [Repealed.]

  (10) [Repealed.]

  (11) A moose license shall entitle the holder who has been issued a moose permit under the authority of the Fish and Wildlife Board under subsection 4081(b) and sections 4082 and 4084 of this title to take moose.

  (12) A super sport license shall entitle the holder to take fish, shoot pickerel, take wild animals pursuant to chapter 113 of this title, take wild animals as allowed under a combination hunting and fishing license and the following big game licenses: archery, muzzle loader, and turkey. The Commissioner may establish procedures to encourage purchasers of a super sport license to make a stewardship donation of $10.00 to the Fish and Wildlife Fund for the purpose of habitat improvement.

  (13) A mentored hunting license shall entitle the holder to the same privileges as permitted by the fully licensed accompanying hunter’s hunting license under subdivision (2) of this section.

  (14) A free youth turkey hunting weekend license for persons aged 15 or under on youth turkey hunting weekend shall entitle the holder to take wild turkey.

  (15) A free youth deer weekend license for persons aged 15 or under on youth deer hunting weekend shall entitle the holder to take deer.

  (16) A youth hunting license for persons aged 17 and under on the date of the license purchase shall entitle the holder to take wild animals, other than fish, except by trapping and for those animals that require a separate big game license, and to shoot and spear pickerel.

  (17) A youth fishing license, eligible for persons aged 15 to 17 on the date of the license purchase, shall entitle the holder to take fish.

  (18) A youth combination fishing and hunting license, eligible for persons aged 15 to 17 on the date of the license purchase, shall entitle the holder to take fish and wild animals, except by trapping and for those animals that require a separate big game license, and to shoot and spear pickerel.

  (b) In addition to the activities authorized under subsection (a) of this section and the rules authorized thereunder, the holder of an archery license or a super sport license may possess a handgun while archery hunting, provided that the license holder shall not take game by firearm while archery hunting. As used in this section, “handgun” means a pistol or revolver which will expel a projectile by the action of an explosive. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1989, No. 190 (Adj. Sess.), § 2; 1991, No. 199 (Adj. Sess.), § 1, eff. May 27, 1992; 1997, No. 99 (Adj. Sess.), § 4; 1999, No. 30, § 1, eff. Jan. 1, 2000; 2003, No. 163 (Adj. Sess.), § 12; 2005, No. 72, § 11; 2009, No. 120 (Adj. Sess.), § 2, eff. January 1, 2011; 2011, No. 128 (Adj. Sess.), § 27; 2013, No. 78, § 6; 2015, No. 97 (Adj. Sess.), § 25; 2019, No. 50, § 10.)

• § 4253. Landowner; family; exception

  (a) A resident owner of lands, his or her spouse, and their minor children may, without procuring a license under this chapter, take fish from the waters therein, shoot pickerel, and take wild animals or wild birds therein subject to the provisions of this part.

  (b) A nonresident owner of lands, his or her spouse, and their minor children, may without procuring a license under this chapter, take fish from the waters therein, shoot pickerel, and take wild animals or wild birds thereon subject to the provisions of this part, except if the lands are posted under provisions other than section 4710 of this title.

  (c) As used in this section, “post” means any signage that would lead a reasonable person to believe that hunting is prohibited on the land.

  (d) Nothing in this section shall be construed to:

  (1) exempt a captive hunt facility from the permitting requirements adopted under the rules of the Fish and Wildlife Board; or

  (2) without a permit from the Commissioner of Fish and Wildlife, allow any person, including a hunt club, hunting association, or multiple landowners, to transport, possess, or fence any animal for the purpose of taking or attempting to take the animal by hunting. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1969, No. 274 (Adj. Sess.); 1973, No. 178 (Adj. Sess.), § 1; 1981, No. 85, § 2; 2011, No. 54, § 10, eff. May 31, 2011; 2013, No. 116 (Adj. Sess.), § 2, eff. May 5, 2014.)

• § 4254. Fishing and hunting licenses; eligibility, design, distribution, sale, and issue

  (a) Fishing licenses. A fishing license may be issued to any person aged 15 or older.

  (b) Hunting licenses. A resident or nonresident hunting license, combination fishing and hunting license, or archery license may be issued to any person, provided that the applicant prior to issue first presents:

  (1) a certificate of satisfactory completion of a Vermont hunter safety course, bow hunter education course as applicable, or an equivalent approved by the Commissioner; or

  (2) a certificate of satisfactory completion of a hunter safety course, or bow hunter education course as applicable, in another state or a province of Canada which is approved by the Commissioner; or

  (3) a hunting license, a combination hunting and fishing license, or archery license, if applicable, issued for this State or any other state or a province of Canada and valid for any license year; or

  (4) other satisfactory proof that the applicant has previously held a hunting, or combination hunting and fishing license or archery license, if applicable. A hunting license or archery license may be issued to a person aged 15 or under only with the written consent of the applicant’s parent or legal guardian given in the presence of the agent issuing the license.

  (c) Hunter Education. The Commissioner shall provide for a course of basic instruction in the safe handling of firearms, survival training, and first aid training and a course in bow hunter education. For this purpose, the Commissioner may cooperate with any reputable association, organization, or agency, and he or she may designate any person found by him or her to be competent to give such instruction. A person satisfactorily completing the course of instruction shall receive from the instructor a certificate in evidence thereof. No fee shall be charged for a course of instruction provided under this subsection.

  (d) Administration. The Commissioner shall be responsible for the design of all licensing documents and forms, the sale of licenses, the reporting of sales, and the full return of all funds due the Department.

  (e) Licenses. The Commissioner shall establish:

  (1) license agencies, for the sale and distribution of licenses or lottery applications for licenses, including any town clerk who desires to sell licenses or process lottery applications for licenses;

  (2) the number, type, and location of license agencies, other than town clerk agencies;

  (3) the qualifications of all agencies and agents except town clerks;

  (4) controls for the inventory, safeguarding, issue, and recall of all licensing materials;

  (5) the times and methods for reporting the sale and issuance of all licenses;

  (6) procedures for accounting for and return of all monies and negotiable documents due the Department from agencies in accordance with the provisions of this title and Title 32 of the Vermont Statutes Annotated;

  (7) procedures for the audit of all license programs and license agency transactions and the proper retention and inspection of all accounting and inventory records related to the sale or issuance of licenses;

  (8) procedures for the suspension of any license agent or agency, including a town clerk agent, for noncompliance with the provisions of this title, any written agreement between the agent and the Department, or any licensing rule established by the Department;

  (9) that for each license or lottery application, $1.50 of the fee is a filing fee that may be retained by the agent, except for the super sport license for which $5.00 of the fee is a filing fee that may be retained by the agent; and

  (10) that for licenses, lottery applications, and tags issued where the Department does not receive any part of the fee, $1.50 may be charged as a filing fee and retained by the agent.

  (f) License agency. All persons or businesses who wish to serve as agents shall apply on forms provided by the Department. Except for the fee collected under subdivision (e)(9) of this section, all license fees collected by an agent are the property of the State of Vermont and shall be promptly paid to the State following the procedures established under subdivision (e)(6) of this section.

  (g) [Repealed.]

  (h) Lotteries. If the Board decides to hold a lottery for the purpose of allocating permits to hunt or fish, except for a lottery held pursuant to section 4081 or 4153 of this title or for water fowl hunting permits for specific areas as defined by the Board by rule, the Department shall require that each resident entering the lottery shall submit a nonrefundable fee of $10.00 and each nonresident entering the lottery shall submit a nonrefundable fee of $25.00 with each application. Proceeds from the sale of applications shall be deposited into the Fish and Wildlife Fund.

  (i) Moose hunting.

  (1) If the Board establishes a moose hunting season, not more than 10 percent of the total number of annual moose permits authorized by the Board shall be set aside to be auctioned. The total number of annual moose permits set aside to be auctioned shall not exceed six. The moose permits, if any, set aside for auction shall be included in the total number of annual moose permits authorized by the Board. The Board shall adopt rules necessary for the Department to establish, implement, and run the auction process. The Commissioner annually may establish a minimum dollar amount of not less than $1,500.00 for any winning bid for a moose permit auctioned under this subdivision. Proceeds from the auction shall be deposited in the Fish and Wildlife Fund and used for conservation education programs run by the Department. Successful bidders must have a Vermont hunting or combination license in order to purchase a moose permit.

  (2) If the Board establishes a moose hunting season, the Commissioner shall set aside not more than 10 percent of the total number of annual moose permits authorized by the Board for Vermont residents who have served on active duty in any branch of the U.S. Armed Forces provided that he or she has not received a dishonorable discharge. The total number of annual moose permits set aside for Vermont veterans shall not exceed six. Veterans awarded a moose permit under this subsection shall possess a valid Vermont hunting license or combination license in order to purchase a moose permit. The Department of Fish and Wildlife shall coordinate with the Office of Veterans Affairs to provide notice to eligible veterans of the moose permits set aside under this subsection.

  (3) The Department of Fish and Wildlife shall adopt a procedure to implement the set-aside program for auction and for veterans, including a method to award applicants bonus points and a method by which auction participants and veterans who applied for but failed to receive a permit in one hunting season are awarded priority in the subsequent moose hunting season. The procedure adopted under this subdivision may include a provision for freezing bonus points in the event that the Board does not approve a moose hunting season or approves a small number of permits for the moose hunting season. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1963, No. 126, § 1, eff. Jan. 1, 1964; 1967, No. 373 (Adj. Sess.), § 1, eff. March 27, 1968; 1973, No. 169 (Adj. Sess.), § 1; 1973, No. 173 (Adj. Sess.), § 1; 1977, No. 111, § 2, eff. Jan. 1, 1978; 1977, No. 225 (Adj. Sess.), §§ 1, 2, 10, eff. April 12, 1978; 1989, No. 87, § 1, eff. June 6, 1989; 1989, No. 190 (Adj. Sess.), § 3; 1993, No. 192 (Adj. Sess.), § 1; 1997, No. 59, § 42, eff. June 30, 1997; 1997, No. 155 (Adj. Sess.), § 42, eff. Jan. 1, 1999; 1999, No. 30, § 3, eff. Jan. 1, 2001; 2001, No. 65, § 19, eff. Jan. 1, 2002; 2003, No. 163 (Adj. Sess.), § 13, eff. Nov. 1, 2004; 2005, No. 42, § 1; No. 72, § 11a; 2007, No. 98 (Adj. Sess.), § 1; 2009, No. 146 (Adj. Sess.), § B11; 2011, No. 128 (Adj. Sess.), § 28; 2013, No. 78, § 7; 2015, No. 61, §§ 2, 14, eff. June 17, 2015; 2017, No. 170 (Adj. Sess.), § 4, eff. May 22, 2018; 2019, No. 14, § 43, eff. April 30, 2019; 2019, No. 50, § 5, eff. Jan. 1, 2020.)

• § 4254a. Trapping licenses

  (a) A resident, resident youth aged 17 or under on the date of license purchase, or nonresident trapping license may be issued to any person, provided that the applicant prior to issue first presents:

  (1) a certificate of satisfactory completion of a trapper education course or its equivalent approved by the Commissioner; or

  (2) a certificate of satisfactory completion of a trapper education course in another state or a province of Canada that is approved by the Commissioner; or

  (3) a trapping license issued for this State or any other state or province of Canada and valid for any license year; or

  (4) other satisfactory proof that the applicant has previously held a valid trapping license.

  (b) The Commissioner shall provide for a course of basic instruction in trapper education. For this purpose, the Commissioner may cooperate with any reputable association, organization, or agency and may designate any person found by the Commissioner to be competent to give such instruction. A person so designated shall give such instruction and upon the successful completion thereof shall issue to a person satisfactorily completing the course of instruction a certificate in evidence thereof. No fee may be charged for taking a course of instruction provided for under this subsection. (Added 1989, No. 36, § 3; amended 2011, No. 128 (Adj. Sess.), § 29.)

• § 4254b. Therapeutic group fishing license

  (a) As used in this section:

  (1) “Health care professional” means an individual licensed or certified or otherwise authorized by Vermont law to provide professional health services.

  (2) “Health service” means any treatment or procedure delivered by a health care professional to maintain an individual’s physical or mental health or to diagnose or treat an individual’s physical or mental health condition, including services ordered by a health care professional, chronic care management, preventive care, wellness services, and medically necessary services to assist in activities of daily living.

  (3) “Individual representing a long-term care facility” means an employee of a long-term care facility or a person recognized as an official volunteer by the long-term care facility.

  (4) “Long-term care facility” means any facility required to be licensed under 33 V.S.A. chapter 71 or a psychiatric facility with a long-term care unit required to be licensed under 18 V.S.A. chapter 43.

  (b) The Commissioner may issue an annual therapeutic group fishing license to a health care professional or an individual representing a long-term care facility. A therapeutic group fishing license shall allow up to four persons per day to fish at one time, provided that:

  (1) the persons are under the care of a health care professional or are residing in a long-term care facility; and

  (2) while fishing, the persons are supervised by the health care professional or the individual representing a long-term care facility who was issued the therapeutic group fishing license.

  (c) A person fishing under a therapeutic group fishing license shall not be required to obtain a fishing license under section 4251 of this title but shall be required to comply with all other requirements of this chapter, chapter 111 of this title, and the rules of the Board. When a person or group of persons is fishing under a therapeutic group fishing license, the person or group shall be accompanied at all times by the health care professional or the individual representing a long-term care facility to which the license was issued. The health care professional or individual representing a long-term care facility may assist persons fishing under the license with all aspects of fishing activity. The health care professional or individual representing a long-term care facility shall carry the license at all times while a person is fishing under the license and shall produce the license on demand by any fish and wildlife warden. (Added 2013, No. 78, § 8.)

• § 4254c. Notice of trapping; dog or cat

  A person who incidentally traps a dog or cat shall notify a fish and wildlife warden or the Department within 24 hours after discovery of the trapped dog or cat. The Department shall maintain records of all reports of incidentally trapped dogs or cats submitted under this section, and the reports shall include the disposition of each incidentally trapped dog or cat. (Added 2017, No. 170 (Adj. Sess.), § 10, eff. Jan. 1, 2019.)

• § 4255. License fees

  (a) Vermont residents may apply for licenses on forms provided by the Commissioner. Fees for each license shall be:

  (1) Fishing license $28.00

  (2) Hunting license $28.00

  (3) Combination hunting and fishing license $47.00

  (4) Big game licenses (all require a hunting license)

  (a) archery license $23.00

  (b) muzzle loader license $23.00

  (c) turkey license $23.00

  (d) [Repealed.]

  (e) [Repealed.]

  (f) moose license $100.00

  (g) bear tag $5.00

  (h) additional deer archery tag $23.00

  (5) Trapping license $23.00

  (6) Hunting license for persons 17 years of age or under $8.00

  (7) Trapping license for persons 17 years of age or under $10.00

  (8) Fishing license for persons 15 through 17 years of age $8.00

  (9) Super sport license $150.00

  (10) Three-day fishing license $11.00

  (11) Combination hunting and fishing license for
  persons 17 years of age or under $12.00

  (12) Mentored hunting license $10.00

  (b) Nonresidents may apply for licenses on forms provided by the Commissioner. Fees for each license shall be:

  (1) Fishing license $54.00

  (2) One-day fishing license $21.00

  (3) [Repealed.]

  (4) Hunting license $102.00

  (5) Combination hunting and fishing license $143.00

  (6) Big game licenses (all require a hunting license)

  (a) archery license $38.00

  (b) muzzle loader license $40.00

  (c) turkey license $38.00

  (d) [Repealed.]

  (e) [Repealed.]

  (f) moose license $350.00

  (g) bear tag $15.00

  (h) additional deer archery tag $38.00

  (7) Small game licenses

  (a) all season $50.00

  (b) [Repealed.]

  (8) Trapping license $305.00

  (9) Hunting licenses for persons 17 years of age or under $25.00

  (10) Three-day fishing license $23.00

  (11) Seven-day fishing license $31.00

  (12) Archery-only license (does not require hunting license) $75.00

  (13) Fishing license for persons 15 through 17 years of age $15.00

  (14) Super sport license $250.00

  (15) Combination hunting and fishing license for
  persons 17 years of age or under $30.00

  (16) Mentored hunting license $10.00

  (c) A permanent or free license may be secured on application to the Department by a person qualifying as follows:

  (1) A Vermont resident 66 years of age or older may receive one or all of the following licenses for $60.00:

  (A) a permanent fishing license;

  (B) if the person qualifies for a hunting license, a permanent combination fishing and hunting license, which shall include all big game licenses except for a moose license;

  (C) if the person qualifies for a trapping license, a permanent trapping license; and

  (D) if the person qualifies for an archery license, a permanent archery license.

  (2) A person who is legally blind who is a Vermont resident may receive a free permanent fishing license upon submittal of proper proof of blindness as the Commissioner shall require. A person who is legally blind who is a resident in a state that provides a reciprocal privilege for Vermont residents may receive a free one-year fishing license.

  (3) A Vermont resident with paraplegia as defined in subdivision 4001(30) of this title or a permanent, severe, physical mobility disability certified by a physician may receive a free permanent fishing license or, if the person qualifies for a hunting license, a free combination hunting and fishing license. A person with paraplegia or a person certified by a physician to have permanent, severe, physical mobility disability who is a resident of a state that provides a reciprocal privilege for Vermont residents may receive a free one-year fishing license or, if the person qualifies for a hunting license, a free one-year combination fishing and hunting license.

  (4) A Vermont resident who is a veteran of the U.S. Armed Forces and who is, or ever has been, 60 percent disabled as a result of a service-connected disability may receive a free fishing, hunting, or combination hunting and fishing license that shall include all big game licenses, except for a moose license, upon presentation of a certificate issued by the veterans’ administration so certifying. A resident of a state that provides a reciprocal privilege for Vermont veterans and who would qualify for a free license under this subdivision if the person were a Vermont resident may receive a free one-year fishing, hunting, or combination hunting and fishing license.

  (5) A person participating in a fishing tournament for Special Olympics may receive a free fishing license valid for that event.

  (6) In each year a permanent license holder intends to hunt, trap, or fish, the permanent license holder shall notify the Department that he or she will exercise his or her hunting, trapping, or fishing privileges. Failure to notify the Department as required by this subdivision (c)(6) shall not result in the assessment of points under section 4502 of this title.

  (7) A certified citizen of a Native American Indian tribe that has been recognized by the State pursuant to 1 V.S.A. chapter 23 may receive free of charge one or all of the permanent fishing, hunting, or trapping licenses set forth in subdivisions (1)(A)–(D) of this subsection if qualified for the license and upon submission of a current and valid tribal identification card.

  (d) A nonresident student who is otherwise qualified and who is enrolled in a program of secondary education or in a college or university within the State at which he or she has successfully completed two successive semesters shall be entitled to a resident fishing, hunting, or combination hunting and fishing license upon presentation of a document from a school that affirms his or her status and payment of the fees set forth in this section, provided the student applies for the license to an authorized license agent.

  (e) The Commissioner shall issue honorary hunting and fishing licenses to the President and Vice President of the United States. The Commissioner may, at his or her discretion, issue free licenses that are valid for one year or less.

  (f)-(h) [Repealed.]

  (i)(1) The fee for a permit to trap hare and rabbits shall be $20.00.

  (2) The fee for a permit to transport minnows or bait fish shall be $50.00.

  (j) If the Board determines that a moose season will be held in accordance with the rules adopted under sections 4082 and 4084 of this title, the Commissioner annually may issue three no-cost moose licenses to a person who has a life-threatening disease or illness and who is sponsored by a qualified charitable organization, provided that at least one of the no-cost annual moose licenses awarded each year shall be awarded to a child or young adult 21 years of age or under who has a life-threatening illness. The child or adult shall comply with all other requirements of this chapter and the rules of the Board. Under this subsection, a person may receive only one no-cost moose license in his or her lifetime.

  (k) The Commissioner may issue multi-year hunting, fishing, trapping, or combination hunting and fishing licenses of up to five years’ duration. The cost of these licenses shall be the sum of the license fee established by this section for the first year, plus the cost of each additional year minus the filing fee established by subdivision 4254(e)(9) of this title for each year.

  (l) If the Board determines that it is in the interest of bear management, it may authorize the Department to issue bear tags in addition to those allowed by a hunting license issued under this chapter.

  (m) The fee for a therapeutic group fishing license issued under section 4254b of this title shall be $50.00 per year, provided that the Commissioner may waive the fee under this section if the applicant for a therapeutic group fishing license completes instructor certification under the Department’s Let’s Go Fishing Program. The Commissioner may, at his or her discretion, issue a free therapeutic fishing license to an applicant. (Added 1961, No. 59, § 1, eff. April 4, 1961; amended 1963, No. 27, § 1; 1967, No. 34, § 1, eff. March 16, 1967; 1967, No. 373 (Adj. Sess.), § 2, eff. March 27, 1968; 1971, No. 224 (Adj. Sess.), § 1, eff. Jan. 1, 1973; 1973, No. 27, eff. Jan. 1, 1974; 1973, No. 173 (Adj. Sess.), § 2; 1977, No. 103, § 3, eff. May 6, 1977; 1979, No. 189 (Adj. Sess.), § 1; 1983, No. 68, § 1; 1985, No. 215 (Adj. Sess.), § 3, eff. June 2, 1986; 1987, No. 118, § 1, eff. Jan. 1, 1988; 1987, No. 170 (Adj. Sess.); 1989, No. 36, § 5; 1989, No. 190 (Adj. Sess.), § 4; 1991, No. 11, §§ 1-3; 1991, No. 30; 1991, No. 34, § 2, eff. Jan. 1, 1992; 1991, No. 34, § 3, eff. June 1, 1991; 1991, No. 199 (Adj. Sess.), §§ 2, 3, eff. May 27, 1992; 1991, No. 205 (Adj. Sess.), §§ 2, 3, eff. July 1, 1993; 1991, No. 230 (Adj. Sess.), § 19; 1991, No. 254 (Adj. Sess.); 1993, No. 191 (Adj. Sess.), § 3; 1997, No. 59, § 43, eff. Jan. 1, 1998; 1997, No. 59, § 43a, eff. June 30, 1997; 1997, No. 155 (Adj. Sess.), § 43, eff. Jan. 1, 1999; 2001, No. 65, § 20, eff. Jan. 1, 2002; 2003, No. 61, § 4; 2003, No. 163 (Adj. Sess.), § 14, eff. Jan. 1, 2005; 2005, No. 72, § 11b; 2007, No. 76, § 27, eff. Jan. 1, 2008; 2009, No. 33, § 83(e)(6); 2009, No. 120 (Adj. Sess.), § 3, eff. Jan. 1, 2011; 2009, No. 134 (Adj. Sess.), § 29, eff. Jan. 1, 2011; 2011, No. 33, § 11a; 2011, No. 128 (Adj. Sess.), § 35a; 2011, No. 128 (Adj. Sess.), § 30, eff. Jan. 1, 2014; 2013, No. 78, § 9; 2013, No. 96 (Adj. Sess.), § 37; 2013, No. 116 (Adj. Sess.), § 3, eff. May 5, 2014; 2015, No. 57, § 24, eff. Jan. 1, 2016; 2015, No. 61, § 3, eff. Jan. 1, 2016; 2015, No. 61, § 5, eff. June 17, 2015; 2015, No. 149 (Adj. Sess.), § 44; 2017, No. 33, § 1, eff. Jan. 1, 2018; 2019, No. 50, § 7, eff. Jan. 1, 2020; 2019, No. 70, § 5, eff. Jan. 1, 2020; 2019, No. 143 (Adj. Sess.), § 1, eff. Jan. 1, 2021; 2021, No. 179 (Adj. Sess.), § 15, eff. January 1, 2023.)

• § 4256. Mentored hunting licenses

  (a) An individual who holds a mentored hunting license shall be entitled to hunt only when accompanied by an individual 21 years of age or older who holds a valid hunting license under subsection 4254(b) of this title. A resident or nonresident mentored hunting license may be issued to any person who has not taken a hunter safety course as required under subdivisions 4254(b)(1) and (2) of this title, provided that:

  (1) A mentored hunting license shall only be issued twice to any one individual, and each license shall last until December 31 of the year for which the license was issued.

  (2) A mentored hunting license shall not be issued to any individual who has held a valid hunting license under subsection 4254(b) of this title or an equivalent license in any other state.

  (3) The mentored hunting license shall not be issued to a person under 16 years of age without the written consent of the applicant’s parent or legal guardian given in the presence of the agent issuing the license.

  (b) Having held a valid mentored hunting license does not exempt an individual from meeting all the requirements for a hunting license under subsection 4254(b) of this title.

  (c) At the time of licensing, the Department shall provide each mentored hunter a document to explain the details of the mentored hunting license program and to educate the mentored hunter about hunting safety and responsibility. The applicant shall certify, according to Department procedure, that he or she has read the document. The Department shall provide copies of this document to all locations authorized to sell licenses pursuant to subsection 4254(e) of this title.

  (d) As used in this section, “accompany,” “accompanied,” or “accompanying” means that the mentored hunter is in the direct control and supervision of the licensed hunter and is within 15 feet of the licensed hunter. While hunting, an individual who holds a valid hunting license under subsection 4254(b) of this title shall accompany only one mentored hunter at a time.

  (e) An individual who holds a mentored hunting license is not eligible to hunt moose pursuant to subsection 4254(b) of this title.

  (f) An individual who holds a mentored hunting license shall be subject to the bag limit of the fully licensed accompanying hunter. When game is taken by a mentored hunter, it shall be deemed taken by the fully licensed accompanying hunter.

  (g) Notwithstanding subdivision 5101(a)(1) of this title, after tagging and reporting game pursuant to fish and wildlife regulations, a person who holds a mentored hunting license may, unaccompanied by the fully licensed accompanying hunter, transport game the mentored hunter has taken.

  (h) The scheduled amount of a fine under section 4555 of this title shall be doubled for a violation of this section, and the fine shall be assessed against the licensed adult accompanying the mentored hunter.

  (i) On demand of a game warden or other officer authorized by law to make arrests, or of the owner of the land on which a person is hunting, the individual who holds a mentored hunting license shall exhibit the license. (Added 2009, No. 120 (Adj. Sess.), § 1, eff. Jan. 1, 2011; amended 2015, No. 61, § 6, eff. Jan. 1, 2016.)

• § 4257. Repealed. 1989, No. 190 (Adj. Sess.), § 5.

• § 4258. License; U.S. Armed Forces

  A license to hunt or fish shall be issued, upon payment of the resident license fee, to any member of the U.S. Armed Forces who is on active duty and stationed at some military, air, or naval post, station, or base within the State. The member of the U.S. Armed Forces desiring a hunting, fishing, or combination hunting and fishing license shall certify that he or she is eligible for such a license under this section. Holders of such licenses shall be subject to all the laws of the State and the rules and regulations of the Board regulating hunting and fishing; and for violations of said laws or rules and regulations, shall be subject to the penalties prescribed therefor, and such licenses shall be revoked in the same manner as provided in section 4502 of this title. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1977, No. 225 (Adj. Sess.), § 4, eff. April 12, 1978; 2011, No. 54, § 7; 2011, No. 128 (Adj. Sess.), § 32.)

• § 4259. Vermont residents; U.S. Armed Forces

  Any resident of the State of Vermont who is serving in the U.S. Armed Forces or is performing or under orders to perform any homeland defense or State-side contingency operation, or both, for a period of 120 consecutive days or more shall certify that he or she is eligible under this section to obtain at no cost a hunting or fishing license or a combination hunting and fishing license. This provision will apply only during the period he or she is serving in the U. S. Armed Forces, or as certified pursuant to this section. A person who obtains a license under this section may keep the license until it expires, whether or not the person continues to serve in the U.S. Armed Forces until the expiration date. (Added 1971, No. 224 (Adj. Sess.), § 2, eff. Jan. 1, 1973; amended 2001, No. 143 (Adj. Sess.), § 58a, eff. June 21, 2002; 2003, No. 10, § 1; 2011, No. 54, § 8.)

• § 4260. Repealed. 1973, No. 178 (Adj. Sess.), § 9.

• § 4261. Lost, replacement, or free license certificate

  (a) A person who has lost a license other than a lifetime license or permanent license may demand a lost license certificate from the agent of original issue. The fee shall be $5.00, which the agent may retain. If the agent of original issue is no longer selling licenses, the applicant may apply directly to the Department. If available, replacement and free licenses may be obtained from a point-of-sale agent or online at the State’s website. If requested from a point-of-sale agent, a $1.50 filing fee may be charged and retained by the agent.

  (b) A person who has lost a lifetime license or permanent license may obtain a new license upon application to the Department, payment of a $5.00 fee, and submission of proof of identification. If available, replacement and free licenses may be obtained from a point-of-sale agent or online at the State’s website. If requested from a point-of-sale agent, a $1.50 filing fee may be charged and retained by the agent. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1967, No. 373 (Adj. Sess.), § 4, eff. March 27, 1968; 1971, No. 84, § 4; 1977, No. 225 (Adj. Sess.), § 5, eff. April 12, 1978; 1989, No. 190 (Adj. Sess.), § 6; 1991, No. 205 (Adj. Sess.), § 4, eff. July 1, 1993; 1991, No. 230 (Adj. Sess.), § 20; 1997, No. 99 (Adj. Sess.), § 12; 2009, No. 146 (Adj. Sess.), § B12; 2011, No. 128 (Adj. Sess.), § 33.)

• § 4262. Repealed. 1989, No. 190 (Adj. Sess.), § 5.

• § 4263. Expiration; nontransferability

  Licenses shall not be transferable and shall be dated when issued. Annual licenses shall be valid from January 1 of the calendar year for which they are issued or from the day of purchase and issue in that year as certified by the issuing agent. All annual licenses shall expire on December 31 of the year for which they were issued. Term licenses shall be valid only for the time period certified on the license form by the issuing agent. Any licenses may be sold prior to the date that they are to become effective. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1963, No. 27, § 2; 1989, No. 190 (Adj. Sess.), § 9.)

• §§ 4264, 4265. Repealed. 1989, No. 87, § 2.

• § 4266. Carrying and exhibiting license

  A person who is required to have a license, as provided in section 4251 of this title, shall not take fish or wild animals, or transport fish, game, or fur-bearing animals, unless at the time of such taking and transporting he or she has such license on his or her person. On demand of a game warden or other officer authorized by law to make arrests, or of the owner of the land on which such person is fishing or hunting, the licensee shall exhibit such license. (Added 1961, No. 119, § 1, eff. May 9, 1961.)

• § 4267. False statements; alterations; use by another; guide

  No person shall make a false statement in an application for a license to be issued under the provisions of this part or change or alter such a license or the coupon issued therewith or furnish to another or permit another to have or use such license or coupon issued to himself or herself or use such license or coupon issued to another or knowingly guide a hunter or angler who has not such a license. (Added 1961, No. 119, § 1, eff. May 9, 1961.)

• § 4268. Fur buyer’s license

  The furs and skins of fur-bearing animals and skins of deer, legally taken, may be bought and sold at any time, subject to the provisions of section 4861 of this title, provided that any person wishing to engage in the business of buying the furs or skins of fur-bearing animals or skins of deer shall first secure a license from the Commissioner, as provided by law. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1981, No. 85, § 3.)

• § 4269. Fees for fur buyer’s license

  The Commissioner may issue a license to a person that shall authorize him or her to engage in the business of buying furs or skins throughout the State while it remains in force. A person so licensed shall pay to the Commissioner the following fees:

  (1) a fee of $25.00 if the applicant is a bona fide resident of the State;

  (2) a fee of $50.00 if the applicant is a nonresident. (Added 1961, No. 59, § 4, eff. April 4, 1961; amended 1973, No. 173 (Adj. Sess.), § 5; 1979, No. 189 (Adj. Sess.), § 5; 1983, No. 68, § 3.)

• § 4270. Fur buyer’s records

  Licensed dealers shall keep such records as the Commissioner may require. Such records shall be open to inspection by the Commissioner or his or her agents, and such dealer shall, within 30 days after the expiration of his or her license and upon request of the Commissioner, file with the Commissioner a sworn statement of such record or such part thereof as the Commissioner may require. (Added 1961, No. 119, § 1, eff. May 9, 1961.)

• § 4271. Fur buyer’s license year; expiration of license

  Such licenses shall be effective from July 1 to June 30 inclusive. A person while engaged in the business of buying furs and skins shall have upon his or her person a license as provided in section 4268 of this title and on demand of a game warden or other officer authorized by law to make arrests shall exhibit such license. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1981, No. 85, § 4, eff. Jan. 1, 1982.)

• § 4272. Repealed. 2011, No. 128 (Adj. Sess.), § 40.

• § 4273. False statement by fur buyer

  No person shall make a false statement in an application for a fur buyer’s license or change or alter such a license in any way nor permit another to have or use such license. (Added 1961, No. 119, § 1, eff. May 9, 1961.)

• § 4274. Fur buyer’s license; definition of “person”

  The word “person” as used in sections 4268-4273 of this title shall mean only an individual. (Added 1961, No. 119, § 1, eff. May 9, 1961.)

• § 4275. Repealed. 1989, No. 190 (Adj. Sess.), § 5.

• § 4276. Repealed. 1991, No. 230 (Adj. Sess.), § 1(6).

• § 4277. Migratory Waterfowl Stamp Program

  (a) Definitions. As used in this section:

  (1) “Migratory waterfowl” means all waterfowl species in the family anatidae, including wild ducks, geese, brant, and swans.

  (2) “Stamp” means the State migratory waterfowl hunting stamp furnished by the Department of Fish and Wildlife as provided for in this section and the federal migratory waterfowl stamp furnished by the U.S. Department of the Interior.

  (b) Waterfowl stamp required. No person 16 years of age or older shall attempt to take or take any migratory waterfowl in this State without first obtaining a State and federal migratory waterfowl stamp for the current year in addition to a regular hunting license as provided by section 4251 of this title. A stamp shall not be transferable. The State stamp year shall run from January 1 to December 31.

  (c) Waterfowl stamp design, production, and distribution. The Commissioner of Fish and Wildlife shall be responsible for the design, production, procurement, distribution, and sale of the State stamp and all marketable stamp by-products such as posters, artwork, calendars, and other items.

  (d) Fee. State stamps shall be sold at the direction of the Commissioner for a fee of $7.50. The issuing agent may retain a fee of $1.00 for each stamp and shall remit $6.50 of each fee to the Department of Fish and Wildlife. The Commissioner shall establish a uniform sale price for all categories of by-products.

  (e) Disposition of waterfowl receipts. All State waterfowl stamp receipts and all receipts from the sale of State stamp by-products shall be deposited in the Fish and Wildlife Fund. All State stamp and by-products receipts shall be expended through the appropriation process for waterfowl acquisition and improvement projects.

  (f) Advisory Committee. There is hereby created the Migratory Waterfowl Advisory Committee which shall consist of five persons and up to three alternates appointed by and serving at the pleasure of the Commissioner of Fish and Wildlife. The Commissioner shall designate the Chair. The Committee shall be consulted with and may make recommendations to the Commissioner in regard to all projects and activities supported with the funds derived from the implementation of this section. The Commissioner shall make an annual financial and progress report to the Committee with regard to all activities authorized by this section. (Added 1985, No. 193 (Adj. Sess.), eff. May 14, 1986; amended 2007, No. 76, § 28, eff. Jan. 1, 2008; 2009, No. 146 (Adj. Sess.), § F32; 2015, No. 61, § 7, eff. June 17, 2015; 2017, No. 170 (Adj. Sess.), § 5.)

• § 4278. Falconry license

  (a) In this section, “raptor” means species of the orders Strigiformes, Falconiformes, and Accipitriformes.

  (b)(1) A Vermont resident may obtain, sell, transport, possess, and train raptor species allowable under State and federal laws and regulations for hunting, provided the person has first obtained a State falconry license from the Commissioner. The Commissioner may issue a State falconry license, provided that the applicant:

  (A) pays an initial licensing fee of $250.00 for a license valid for three years, or a renewal fee of $50.00 for a license valid for each year thereafter, as appropriate, to the Department;

  (B) meets the minimum age and experience requirements for each of apprentice, general, or master falconry licenses;

  (C) has completed a supervised examination relating to basic biology, care, and handling of raptors, has correctly answered a minimum of 85 percent of the questions; and

  (D) possesses raptor housing facilities and falconry equipment that meet State and federal standards.

  (2) The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 that will establish requirements for ensuring that holders of falconry licenses will be properly qualified and that the birds will be legally acquired and appropriately cared for. Such rules shall further define required raptor housing facilities and falconry equipment, legal means of taking, lawful species, ages, and numbers of raptors to be taken and possessed, banding requirements, and any other further restrictions on taking and possession.

  (c) A holder of a Vermont falconry license or a nonresident who possesses a valid falconry license from another state may use legally held raptors for hunting during an open season provided that the person holds a valid Vermont hunting or combination fishing and hunting license. The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 that regulate the taking of game species by use of trained raptors.

  (d) The Commissioner may revoke a falconry license and seize raptors held under that license if the Commissioner finds that the licensee:

  (1) failed to properly and humanely care for the raptors held under the license;

  (2) allowed raptors held under the license to become a public nuisance; or

  (3) failed to comply with any of the terms or conditions of the falconry license. (Added 1989, No. 196 (Adj. Sess.), § 1; amended 2013, No. 78, § 10, eff. Jan. 1, 2014.)

• § 4279. Lifetime licenses

  (a) A resident or nonresident lifetime fishing, hunting, or combination fishing and hunting license may be obtained upon application to the Department.

  (b) In order to obtain a resident lifetime license, an applicant must be a resident or a dependent of a resident of Vermont at the time of application. In this subsection, a resident shall be a person who has resided in this State for the 12 months immediately prior to the date of application for the license and who has not during that period claimed residency in any other state or country for any purpose. A child born in this State shall be a resident if one or more of the child’s parents or the child’s legal guardian are domiciled in the State at the time of birth and have continued to reside in the State since the birth.

  (c) A lifetime license shall entitle the holder to the privileges allowed under subdivision 4252(1), (2), or (4) of this title as long as the holder is alive, except that the holder shall not be entitled to hunting privileges until he or she has satisfied the criteria of subsection 4254(b) of this title.

  (d) If the holder of a lifetime hunting license wishes to receive the privileges granted to holders of other hunting licenses, such as archery or turkey licenses, the holder must purchase the appropriate license. In this case, the holder shall pay the fee required in subsection 4255(a) or (b) of this title, depending on whether the holder is a resident or nonresident at the time of purchase.

  (e) If the holder of a lifetime hunting or fishing license wishes to upgrade the license to a lifetime combination hunting and fishing license, the holder may do so by paying the difference between the fee for the combination license and the fee for the license held. In this subsection, fee means the fee at the time of the upgrade.

  (f) Fees for lifetime licenses shall be the appropriate multiplication factor for the child’s or adult’s age multiplied by the fee for the appropriate license. Appropriate license fees are those in subdivisions 4255(a)(1), (2), and (3) of this title for residents and subdivisions 4255(b)(1), (4), and (5) of this title for nonresidents. Multiplication factors are as follows:

  (1) for children under 1 year of age 8

  (2) for children 1 through 15 years of age 16

  (3) for adults 16 through 24 years of age 31

  (4) for adults 25 through 64 years of age 26

  (g) In each year a lifetime license holder intends to hunt, trap, or fish, the lifetime license holder shall notify the Department that he or she will exercise his or her hunting, trapping, or fishing privileges. Failure to notify the Department as required by this subsection shall not result in the assessment of points under section 4502 of this title. (Added 1993, No. 191 (Adj. Sess.), § 1; amended 2011, No. 128 (Adj. Sess.), § 34, eff. Jan. 1, 2013; 2015, No. 61, § 5a, eff. June 17, 2015; 2019, No. 70, § 6, eff. Jan. 1, 2020.)

• § 4280. Taking wildlife during a period of license suspension

  A person shall not hunt, fish, or trap while a license or right to obtain a license is under suspension, including those persons who could otherwise hunt, fish, or trap pursuant to section 4253 of this title. (Added 2005, No. 31, § 2; amended 2013, No. 78, § 11.)

• Subchapter 002: EEL FISHING IN LAKE CHAMPLAIN

• §§ 4301-4308. Repealed. 2001, No. 113 (Adj. Sess.), § 1, eff. May 23, 2002.

• § 4309. Repealed. 1985, No. 14, § 2.