§ 4082. Vermont Fish and Wildlife Regulations
(a) The Board may adopt rules, under 3 V.S.A. chapter 25, to be known as the “Vermont Fish and Wildlife Regulations” for the regulation of
fish and wild game and the taking thereof except as otherwise specifically provided
by law. The rules shall be designed to maintain the best health, population, and
utilization levels of the regulated species and of other necessary or desirable species
that are ecologically related to the regulated species. The rules shall be supported
by investigation and research conducted by the Department on behalf of the Board.
(b)(1) Except as provided for under subdivision (2) of this subsection, the Board annually
may adopt rules relating to the management of migratory game birds, and shall follow
the procedures for rulemaking contained in 3 V.S.A. chapter 25. For each such rule, the Board shall conduct a hearing but, when necessary, may schedule
the hearing for a day before the terms of the rule are expected to be determined.
(2) Beginning with the 2015 hunting season, the Board may set by procedure the daily bag
and possession limits of migratory game birds that may be harvested in each Waterfowl
Hunting Zone annually without following the procedures for rulemaking contained in
3 V.S.A. chapter 25. The annual daily bag and possession limits of migratory game birds shall be consistent
with federal requirements. Prior to setting the migratory game bird daily bag and
possession limits, the Board shall provide a period of not less than 30 days of public
notice and shall conduct at least two public informational hearings. The final migratory
game bird daily bag and possession limits shall be enforceable by the Department under
its enforcement authority in part 4 of this title.
(c) The Board may set by procedure the annual number of antlerless deer that can be harvested
in each Wildlife Management Unit and the annual number of moose that can be harvested
in each Wildlife Management Unit without following the procedures for rulemaking contained
in 3 V.S.A. chapter 25. The annual numbers of antlerless deer and moose that can be harvested shall be supported by investigation and research conducted by the Department on behalf of the Board. Prior to setting the antlerless deer and moose permit numbers, the Board shall provide a period of not less than 30 days of public notice and shall conduct at least three public informational hearings. The public informational hearings may be conducted simultaneously with the regional antlerless deer meetings required by 10 V.S.A. App. § 2b. The final annual antlerless deer and moose harvest permit numbers shall be enforceable by the Department under its enforcement authority in part 4 of this title. The final annual antlerless deer and moose harvest permit numbers shall be reported to the House Committee on Environment as part of the annual deer report required under section 4084 of this title. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this
subsection. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1979, No. 66, § 1; 1979, No. 68, § 2, eff. May 8, 1979; 1979, No. 148 (Adj. Sess.), §§ 3, 4, eff. April 24, 1980; 1985, No. 215 (Adj. Sess.), § 5, eff. June 2, 1986; 2013, No. 78, § 3; 2013, No. 116 (Adj. Sess.), § 4; 2017, No. 154 (Adj. Sess.), §§ 1, 21, eff. May 21, 2018.)