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Subchapter 001: ESTABLISHMENT
§ 4041. Department of Fish and Wildlife; Fish and Wildlife Board; members, term, chair
(a) There is hereby established a Department of Fish and Wildlife that shall be administered
by the Commissioner.
(b) There is hereby established a Fish and Wildlife Board. The Board shall consist of
14 members, one from each county, appointed by the Governor with the advice and consent
of the Senate. The members of the Board shall be appointed for a term of six years,
or unexpired portion thereof, and during their terms shall reside in the county from
which they are appointed. In the event a member no longer resides in the county from
which he or she was appointed, the Governor shall appoint a member from that county
for the unexpired portion of the term. Appointments shall be made in such manner that
either two or three terms shall expire each year. A member serving a full six-year
term shall not be eligible for reappointment. The Governor shall biennially designate
a chair. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1965, No. 22, eff. April 8, 1965; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1985, No. 215 (Adj. Sess.), § 1, eff. June 2, 1986; 2003, No. 136 (Adj. Sess.), § 1; 2013, No. 161 (Adj. Sess.), § 72.)
§ 4042. Commissioner; appointment
The Commissioner shall be appointed pursuant to the provisions of 3 V.S.A. § 2851. The Commissioner shall also be Executive Secretary of the Board. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1985, No. 215 (Adj. Sess.), § 2, eff. June 2, 1986.)
§ 4043. Repealed. 1991, No. 230 (Adj. Sess.), § 1(1).
§ 4044. Repealed. 1991, No. 230 (Adj. Sess.), § 1(2).
§ 4045. Cooperative fisheries projects
The State of Vermont hereby assents to the provisions of the act of Congress entitled
“An act to provide that the United States shall aid the states in fish restoration
and management projects, and for other purposes,” approved August 9, 1950 (Public
Law 681-81st Congress) and the Department of Fish and Wildlife is hereby authorized,
empowered, and directed to perform such acts as may be necessary to the conduct and
establishment of cooperative fisheries restoration project, as defined in said act
of Congress, in compliance with said act and with rules and regulations promulgated
by the U.S. Secretary of the Interior thereunder. No funds accruing to the State
of Vermont from fishing license fees shall be diverted for any other purpose than
the administration of the Department of Fish and Wildlife. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 158 (Adj. Sess.), eff. April 13, 1984.)
§ 4046. Cooperative wildlife projects
(a) The State of Vermont hereby assents to the provisions of the act of Congress entitled
“An act to provide the United States shall aid the states in wildlife restoration
projects, and for other purposes,” approved September 2, 1937 (Public Law, No. 415,
75th Congress), and the Secretary is hereby authorized, empowered, and directed to
perform such acts as may be necessary to the conduct and establishment of cooperative
wildlife restoration projects, as defined in said act of Congress, in compliance with
said act and with rules and regulations promulgated by the U.S. Secretary of the Interior
thereunder; and no funds accruing to the State of Vermont from license fees paid by
hunters shall be diverted for any other purpose than the administration of the Department
of Fish and Wildlife.
(b) The Secretary may form cooperative agreements with the U.S. Secretary of the Interior
under section 6(c) of the Endangered Species Act of 1973, Public Law 93-205, 16 U.S.C. § 1535(c), for the purpose of implementing chapter 123 of this title. Entry into any cooperative
agreement shall not require the State to carry on any program in the event that federal
funds are withdrawn or terminated.
(c) Any funds or in-kind services received by the State shall be administered by the Secretary. (Amended 1981, No. 188 (Adj. Sess.), § 3; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1991, No. 230 (Adj. Sess.), § 3.)
§ 4047. Department of Fish and Wildlife funds
(a) The receipts of the Department of Fish and Wildlife shall not become a part of the
General Fund of the State but shall be used solely for the Department of Fish and
Wildlife. Interest on the cash balance of Department receipts shall likewise accrue
to the Department.
(b) The State of Vermont assents to the provisions of the Pittman-Robertson Wildlife Restoration
Act of September 2, 1937, as amended (16 U.S.C. §§ 669-669i) and the Dingell-Johnson Sport Fish Restoration Act of August 1950, as amended (16 U.S.C. §§ 777-777k) and diversion of license fees paid by hunters and anglers to purposes other than
the administration of the Department of Fish and Wildlife is prohibited.
(c) Receipts for each fiscal year in excess of the amount appropriated for each fiscal
year shall remain in the Fish and Wildlife Fund and be carried forward to the following
year. If appropriations exceed receipts, the Commissioner of Finance and Management
may anticipate receipts and issue warrants based thereon. With the approval of the
Emergency Board, funds not to exceed $100,000.00 each fiscal year may be appropriated
to the Department if needed for any emergency under the jurisdiction of the Board
or Department that may occur during any fiscal year.
(d) With the approval of the Emergency Board, funds not to exceed $300,000.00 may be appropriated
each fiscal year for the purpose of purchasing land to achieve the purposes of the
Department. Such purchase(s) shall be in accordance with the provisions of this title.
Each purchase shall be approved by the Emergency Board. These funds may be used in
conjunction with funds provided by other State agencies, the federal government, or
any provider or quasi-public entity.
(e) Receipts from tuition charged for attendance at Green Mountain Conservation Camps
shall be deposited in the Fish and Wildlife Fund.
(f) A Species and Habitat Conservation Fund is created within the Fish and Wildlife Fund.
The Commissioner may solicit federal funds, grants, and private contributions and
may accept mitigation payments directed toward fish and wildlife species and habitat
conservation. Such monies shall be deposited in the Species and Habitat Conservation
Fund, and the Commissioner may make expenditures from the Fund for purposes of species
and habitat conservation. Interest accrued on the Fund shall be credited to the Fund. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 95, § 307; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1991, No. 230 (Adj. Sess.), § 4; 1993, No. 210 (Adj. Sess.), § 206; 1995, No. 5, § 43, eff. March 3, 1995; 1995, No. 178 (Adj. Sess.), § 385, eff. May 22, 1996; 1995, No. 186 (Adj. Sess.), § 18, eff. May 22, 1996; 1997, No. 2, § 73, eff. Feb. 12, 1997; 1997, No. 155 (Adj. Sess.), § 40, eff. Jan. 1, 1999; 2003, No. 70 (Adj. Sess.), § 26, eff. March 1, 2004; 2003, No. 163 (Adj. Sess.), § 46, eff. Aug. 20, 2004; 2007, No. 76, § 26; 2011, No. 128 (Adj. Sess.), § 26.)
§ 4047a. Raffles; Department authority
(a) Notwithstanding the provisions of 13 V.S.A. chapter 51, the Department may organize
and execute raffles to dispose of property, and a person may participate in raffles
executed by the Department, provided that the proceeds of raffles executed under this
section shall be used solely to fund actions fulfilling or consistent with the purposes
of the Department.
(b) All monies received by the Department under this section shall be deposited in the
Fish and Wildlife Fund to be used for the purposes of that Fund. (Added 2013, No. 78, § 1.)
§ 4048. Nongame Wildlife Account; expenditures
(a) A Nongame Wildlife Account is created and shall consist of:
(1) funds appropriated by the General Assembly, subject to availability of funds generated
pursuant to 32 V.S.A. § 5862a;
(2) funds from public and private sources that the Commissioner accepts for the Fund;
(3) funds from federal government aid for State activities in nongame conservation; and
(4) interest on the cash balance of the account.
(b) For purposes of this section, nongame wildlife shall consist of members of nongame
species that are native to this State, that are not classified as domesticated, and
that are not commonly taken for sport or profit.
(c) Amounts in the account shall carry over from year to year.
(d) The Commissioner of Fish and Wildlife, according to the provisions of 3 V.S.A. chapter
25, shall adopt a rule establishing a plan for nongame wildlife. The rule may be
amended from time to time, and shall be reviewed, after public hearings, at least
every five years. The plan shall contain:
(1) strategies to manage, inventory, preserve, protect, perpetuate, and enhance all nongame
wildlife in the State, including identification of wildlife species in need of protection
and information on their population distributions, habitat requirements, limiting
factors, and other pertinent biological and ecological data on nongame wildlife species
in need of protection;
(2) estimates of resources available for these strategies; and
(3) plans for research and education in nongame wildlife.
(e) In accordance with the plan, the Commissioner of Fish and Wildlife may make expenditures
from the Nongame Wildlife Account. Expenditures shall be restricted to programs specified
in the duly adopted plan. Expenditures may be made under the terms of contracts with
private organizations and groups, consistent with the purposes of the plan. Expenditures
shall not exceed the monies available in the Account.
(f) The Commissioner of Fish and Wildlife may take appropriate actions to encourage taxpayers
to make designations to the Account, including explaining the purposes of the Fund
and the uses to which the Account has been or will be applied. (Added 1985, No. 191 (Adj. Sess.), § 3, eff. May 14, 1986; amended 1991, No. 230 (Adj. Sess.), § 5.)
§ 4049. Fish and Wildlife Trust Fund
(a) The General Assembly recognizes the importance to the people of Vermont of conserving
Vermont’s fish and wildlife resources. Therefore, in order to provide the opportunity
for Vermonters to invest in the future of its fish and wildlife resources, there is
hereby created a Fish and Wildlife Trust Fund within the Fish and Wildlife Fund that
shall consist of:
(1) receipts from sales of any lifetime licenses created pursuant to subsection 4279(f) of this title;
(2) any gifts, grants, or contributions made to the Trust Fund;
(3) funds that may be appropriated by the General Assembly.
(b) The Commissioner, after consultation with the Secretary of Natural Resources, the
Secretary of Administration, and the State Treasurer, may determine whether the Trust
Fund is to be managed by the State Treasurer or by a private firm contracted by the
State Treasurer at the direction of the Commissioner.
(c) When the balance of the Trust Fund reaches $250,000.00, the Commissioner may withdraw
interest as needed for operation of departmental programs. The principal shall remain
in the Trust Fund in perpetuity, even should provisions of law regarding lifetime
licenses be repealed.
(d) [Repealed.] (Added 1991, No. 205 (Adj. Sess.), § 1, eff. July 1, 1993; amended 1993, No. 191 (Adj. Sess.), §§ 2, 3; 1997, No. 155 (Adj. Sess.), § 41, eff. April 27, 1998; 1997, No. 155 (Adj. Sess.), § 41, eff. Jan. 1, 1999.)
§ 4049a. Green Mountain Conservation Camp Endowment Fund
(a) There is established in the Agency of Natural Resources a fund to be known as the
Green Mountain Conservation Camp Endowment Fund, to be managed by the Secretary and
from which expenditures may be made by the Commissioner of Fish and Wildlife, after
consultation with the Green Mountain Conservation Camp Fund Committee, for the purpose
of supporting the maintenance of and enhancements to the Green Mountain Conservation
Camps in Castleton and Woodbury and for the Camps’ ongoing expenses such as the purchase
of recreation equipment. There shall be deposited into the Fund monies received by
the Agency and designated for this purpose, including appropriations of the General
Assembly, grants, and donations.
(b) Interest from the Fund shall be credited annually to the Fund, and the amount in the
account shall carry forward from year to year. (Added 2003, No. 63, § 64, eff. June 11, 2003; amended 2005, No. 93 (Adj. Sess.), § 86, eff. March 3, 2006.)
§ 4049b. Green Mountain Conservation Camp Endowment Fund Committee
(a) There is created a Green Mountain Conservation Camp Endowment Fund Committee comprising
five members who shall serve for concurrent terms of four years. Members of the Committee
shall be appointed by the Commissioner of Fish and Wildlife as follows: two members
shall be chosen from the employees of the Department; the three other members shall
be chosen on the basis of fundraising experience.
(b) The Committee shall promote and seek contributions to the Green Mountain Conservation
Camp Endowment Fund established by section 4049a of this title. The Committee may use any technique, method, or service that is otherwise authorized
by law to promote contributions to the Fund and may use a portion of the Endowment
Fund for the purpose.
(c) [Repealed.] (Added 2003, No. 63, § 65, eff. June 11, 2003; amended 2005, No. 93 (Adj. Sess.), § 87, eff. March 3, 2006; 2009, No. 33, § 83(e)(4).)
§ 4050. Watershed Management Account
(a) There is created a Watershed Management Account within the Fish and Wildlife Fund
for the purpose of protecting the Lake Champlain, Lake Memphremagog, and Connecticut
River and Hudson River watersheds. The Account shall consist of:
(1) receipts from sale of conservation motor vehicle registration plates pursuant to 23 V.S.A. § 304b;
(2) any gifts, grants, or contributions made to the account;
(3) funds that may be appropriated by the General Assembly.
(b) Interest from the Account shall be credited annually to the Watershed Management Account
and the amount in the Account shall carry over from year to year.
(c) The Commissioner may make expenditures from the Account in the form of grants to local
or regional governments or governmental agencies, or nonprofit or citizen groups for
the following purposes:
(1) protection of fish and wildlife habitats;
(2) improvement of water quality and protection of shorelines;
(3) provision of recreational access and trails within the watershed areas;
(4) identifying and protecting historic and cultural resources in the watershed areas;
(5) activities that educate people about watershed resources and protection and that encourage
citizen participation in protecting watershed resources;
(6) monitoring of fish and wildlife populations of watershed resources and water quality.
(d) [Repealed.] (Added 1995, No. 189 (Adj. Sess.), § 15, eff. May 22, 1996; amended 2009, No. 33, § 83(e)(5).)
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Subchapter 002: REGULATORY POWERS OVER FISH AND WILDLIFE
§ 4081. Policy
(a)(1) As provided by Chapter II, § 67 of the Constitution of the State of Vermont, the fish and wildlife of Vermont are held in trust by the State for the benefit of the citizens of Vermont and shall not be reduced to private ownership. The State of Vermont, in its sovereign capacity as a trustee for the citizens of the State, shall have ownership, jurisdiction, and control of all of the fish and wildlife of Vermont.
(2) The Commissioner of Fish and Wildlife shall manage and regulate the fish and wildlife
of Vermont in accordance with the requirements of this part and the rules of the Fish
and Wildlife Board. The protection, propagation control, management, and conservation
of fish, wildlife, and fur-bearing animals in this State are in the interest of the
public welfare. The State, through the Commissioner of Fish and Wildlife, shall safeguard
the fish, wildlife, and fur-bearing animals of the State for the people of the State,
and the State shall fulfill this duty with a constant and continual vigilance.
(b) Notwithstanding the provisions of 3 V.S.A. § 2803, the Fish and Wildlife Board shall be the State agency charged with carrying out
the purposes of this subchapter.
(c) An abundant, healthy deer herd is a primary goal of fish and wildlife management.
The use of a limited unit open season on antlerless deer shall be implemented only
after a scientific game management study by the Department of Fish and Wildlife supports
such a season.
(d) Annually, the Department shall update a scientific management study of the State deer
herd. The study shall consider data provided by Department biologists and citizen
testimony taken under subsection (f) of this section.
(e) Based on the results of the updated management study and citizen testimony, the Board
shall decide whether an antlerless deer hunting season is necessary and if so how
many permits are to be issued. If the Board determines that an antlerless season
is necessary, it shall adopt a rule creating one and the Department shall then administer
an antlerless program.
(f) Annually, the Department shall hold regional public hearings to receive testimony
and data from concerned citizens about their knowledge and concerns about the deer
herd. The Board shall identify the regions by rule.
(g) If the Board finds that an antlerless season is necessary to maintain the health and
size of the herd, the Department shall administer an antlerless deer program. Annually,
the Board shall determine how many antlerless permits to issue in each wildlife management
unit. For a nonrefundable fee of $10.00 for residents and $25.00 for nonresidents,
a person may apply for a permit. Each person may submit only one application for
a permit. The Department shall allocate the permits in the following manner:
(1) A Vermont landowner, as defined in section 4253 of this title, who owns 25 or more contiguous acres and who applies shall receive a permit for
antlerless hunting in the management unit on which the land is located before any
are given to people eligible under subdivision (2) of this subsection. If the land
is owned by more than one individual, corporation, or other entity, only one permit
shall be issued. Landowners applying for antlerless permits under this subdivision
shall not, at the time of application or thereafter during the regular hunting season,
post their lands except under the provisions of section 4710 of this title. As used in this section, “post” means any signage that would lead a reasonable person
to believe that hunting is restricted on the land. If the number of landowners who
apply exceeds the number of permits for that district, the Department shall award
all permits in that district to landowners by lottery.
(2) Permits remaining after allocation pursuant to subdivision (1) of this subsection
shall be issued by lottery.
(3) Any permits remaining after permits have been allocated pursuant to subdivisions (1)
and (2) of this subsection shall be issued by the Department for a $10.00 fee for
residents. Ten percent of the remaining permits may be issued to nonresident applicants
for a $25.00 fee. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1979, No. 68, § 1, eff. May 8, 1979; 1979, No. 126 (Adj. Sess.); 1979, No. 189 (Adj. Sess.), § 3, eff. date, see note set out below; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1989, No. 140 (Adj. Sess.), § 1; 1989, No. 248 (Adj. Sess.); 1991, No. 16; 1991, No. 230 (Adj. Sess.), § 6; 1997, No. 99 (Adj. Sess.), § 1; 1997, No. 155 (Adj. Sess.), § 53a, eff. Jan. 1, 1999; 2003, No. 136 (Adj. Sess.), § 2; 2011, No. 54, § 2; 2011, No. 54, § 9, eff. May 31, 2011; 2013, No. 78, § 2.)
§ 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.)
§ 4083. Fish
Any rule or amendment to a rule adopted pursuant to this subchapter that relates to
fish may apply to all or any portion of the State and may address any or all of the
following as to any species or varieties of fish:
(1) establish, extend, shorten, or abolish open seasons and closed seasons;
(2) establish, change, or abolish daily limits, season limits, possession limits, and
size limits;
(3) establish and change territorial limits for the pursuit, taking, or killing of any
species or varieties, and close or open lakes, streams, or parts thereof;
(4) prescribe the manner and the means of pursuing, taking, or killing any species or
variety, including the prescribing of type or kinds of bait, lures, tackle, equipment,
traps, or any other means or devices for taking such fish;
(5) prescribe such rules relating to transportation and exportation of fish as may be
necessary for the enforcement of this part;
(6) establish rules regarding the purchase and sale of fish caught in Vermont, including
prohibiting the sale of specified fish, seasons, limits, reporting requirements, and
the manner and means of pursuing or taking fish, in accordance with the requirements
of part 4 of this title. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 2015, No. 145 (Adj. Sess.), § 1, eff. Jan. 1, 2017; 2017, No. 113 (Adj. Sess.), § 44f.)
§ 4084. Game
(a) Rules concerning wild game may:
(1) establish open seasons; however, rules regarding taking of deer adopted under this
subdivision shall, unless there is a scientific reason not to do so, make provision
for a regular rifle hunting season of no fewer than 16 consecutive days, an archery
season, and a muzzle loader season;
(2) establish daily, season, and possession limits;
(3) establish territorial limits for any rule under this subchapter;
(4) prescribe the manner and means of taking any species or variety, and including reporting
and tagging of game;
(5) establish restrictions on taking based upon sex, maturity, or other physical distinction
of the species or variety pursued; and
(6) designate Wildlife Management Units for various species or varieties.
(b)(1) On or before July 1 of each year, the Commissioner shall publish a report showing
all the Wildlife Management Units and proposed deer seasons. The reports shall include
supporting data for the proposed actions.
(2) Each January, the Commissioner shall publish an annual deer report.
(c) The Board may alter the outer boundary of a Wildlife Management Unit no more frequently
than every 10 years without approval of the General Assembly; however, the Board shall
have authority to subdivide established Wildlife Management Units.
(d), (e) [Repealed.] (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1979, No. 68, § 3, eff. May 8, 1979; 1979, No. 148 (Adj. Sess.), § 1, eff. April 24, 1980; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1985, No. 29, §§ 1, 2; 1985, No. 120 (Adj. Sess.), § 1, eff. April 16, 1986; 1987, No. 10, § 1; 1989, No. 24, § 2; 1991, No. 230 (Adj. Sess.), § 7; 1997, No. 99 (Adj. Sess.), § 2; 2003, No. 136 (Adj. Sess.), § 3; 2013, No. 78, § 4; 2013, No. 116 (Adj. Sess.), § 5, eff. Jan. 1, 2015.)
§ 4085. Reptiles and amphibians; taking; possession
[Subsection (a) effective January 1, 2027.]
(a) A person shall not intentionally take a reptile or amphibian in the State unless authorized
by rules adopted under subsection (b) of this section.
(b) The Commissioner may establish requirements for the following by rule:
(1) the collection or possession for commercial use, export, or sale of reptiles and amphibians
specified by the Commissioner;
(2) the taking of reptiles or amphibians that have been classified as common, widespread,
and abundant, known as S5 ranked species, with stable or increasing populations indicated
by data collected or compiled by the Department of Fish and Wildlife;
(3) the taking of a reptile or amphibian that due to population, risk to other native
species, or risk to ecosystems has been identified as requiring a reduction in population;
or
(4) under specified criteria, the taking, collection, or possession of a specified reptile
or amphibian for scientific, educational, or noncommercial cultural or ceremonial
purposes.
(c) Rules adopted by the Commissioner of Fish and Wildlife under this section shall be
designed to maintain the best health, population, and utilization levels of the regulated
reptile or amphibian. (Added 2025, No. 47, § 13.)
§ 4086. Repealed. 1997, No. 99 (Adj. Sess.), § 11, eff. July 1, 2003.
§§ 4087-4091. Repealed. 1979, No. 66, § 2(1)-(6).
§ 4092. Repealed. 1991, No. 230 (Adj. Sess.), § 1(4).
§§ 4093-4097. Repealed. 1979, No. 66, § 2(7)-(11).
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Subchapter 003: POWERS AND DUTIES
§ 4131. Repealed. 1991, No. 230 (Adj. Sess.), § 1(5).
§ 4132. General duties of Commissioner
(a) The Commissioner shall have charge of the enforcement of the provisions of this part.
(b) The Commissioner may publish such bulletins as he or she deems advisable for information
and instruction concerning the work of the Department and shall keep an account of
the business and proceedings of the Department. Any publication available to the general
public that describes rules regarding boating and fishing shall include information
about aquatic nuisances provided to the Commissioner.
(c) The Commissioner may confer with the fish and wildlife directors or commissioners
of other states and Canada.
(d) The Commissioner of Fish and Wildlife may develop promotional programs to include
the sale of promotional items at a reasonable profit, to promote hunting, fishing,
and trapping and the use of wildlife management areas. Proceeds from the sale of promotional
items shall be deposited in the Fish and Wildlife Fund.
(e) The Commissioner, subject to the direction and approval of the Secretary, shall adopt
and publish rules in the name of the Agency for reasonable fees or charges for the
use of the lands, roads, buildings, other property, and the use of and tuition for
the Green Mountain Conservation Camps, notwithstanding 32 V.S.A. § 603. Fees collected for the use of fish and wildlife lands and properties shall be deposited
in the Fish and Wildlife Fund.
(f) The Commissioner may collect data, conduct scientific research, and contract with
qualified consultants for the purposes of managing fish and wildlife in the State
and achieving the requirements and policies of this part. The Commissioner may designate
as confidential any records produced or acquired by Department staff or contractors
in the conduct of a study of or research related to fish, wildlife, wild plants, or
the habitat of fish, wildlife, or wild plants, if release of the records would present
a threat of harm to a species or the habitat of a species. Records designated as confidential
under this subsection shall be exempt from inspection and copying under the Public
Records Act. Records of Department staff or contractors that are not designated as
confidential under this subsection shall be available for inspection and copying under
the Public Records Act. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1991, No. 230 (Adj. Sess.), § 8; 2003, No. 121 (Adj. Sess.), § 68, eff. June 8, 2004; 2003, No. 163 (Adj. Sess.), § 10, eff. Jan. 1, 2006; 2005, No. 72, § 10; 2007, No. 76, § 26a; 2015, No. 97 (Adj. Sess.), § 24; 2017, No. 170 (Adj. Sess.), § 1.)
§§ 4133, 4134. Repealed, 1966, No. 14, § 2.
§ 4135. Finances, accounts
(a) All monies received by the Commissioner shall be deposited into the State Treasury
and credited to the Fish and Wildlife Fund.
(b) All payments by the Commissioner from the Fish and Wildlife Fund shall be disbursed
from the State Treasury only upon warrants issued by the Commissioner of Finance and
Management, after receipt of proper documentation regarding services rendered and
expenses incurred. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 195 (Adj. Sess.), § 5(b); 1991, No. 230 (Adj. Sess.), § 9.)
§ 4136. Propagation and distribution of fish and wild animals
The Commissioner shall have charge of the propagation and distribution of fish and
wild animals, and shall provide for the construction, maintenance, and operation of
fish culture facilities, fishways, screens, and weirs. The Commissioner may introduce
fish into waters that are not private preserves. The Commissioner may take and transport
fish and wild animals at such times and in such manner as she or he deems proper for
the artificial propagation thereof, for scientific purposes, and for the proper management
of lands owned by the State and controlled by the Department of Fish and Wildlife.
The Commissioner may sell, exchange, or dispose at any time of such fish and wild
animals as she or he deems for the best interest of the State. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 158 (Adj. Sess.); 1991, No. 230 (Adj. Sess.), § 10.)
§ 4137. Taking by U.S. Armed Forces
The Commissioner may, upon request of appropriate authorities, permit the taking of
fish and wild animals in such manner as he or she shall specify by designated units
of the U.S. Armed Forces while undergoing maneuvers of the type known as “survival
tests.” (Added 1961, No. 119, § 1, eff. May 9, 1961.)
§ 4138. Control of fish, game; powers of Commissioner
(a) The Commissioner may take, permit, or cause to be taken at any time from any waters,
and in any manner, fish that hinder or prevent the propagation of game or food fish
and may take, permit, or cause to be taken at any time wild animals that are doing
damage. Such removal or taking and the possession and disposition of such fish or
wild animals shall be under such regulations as the Commissioner may prescribe.
(b) The Commissioner may take necessary measures to control, in public waters, aquatic
vegetation, insects, or aquatic life, for the purpose of improving such waters as
a habitat.
(c) Any measures that involve temporary pollution of waters shall be carried out in accordance
with the provisions of chapter 50, section 1455 of this title.
(d) The Commissioner shall cooperate with the Transportation Board in any proceeding brought
under 19 V.S.A. § 37 to protect a highway, railroad, or public airport from impoundments of water created
by beaver. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1981, No. 222 (Adj. Sess.), § 9; 1991, No. 134 (Adj. Sess.), § 1, eff. April 17, 1992; 1991, No. 230 (Adj. Sess.), § 11.)
§ 4139. Closed waters by agreement with owners of land
The Commissioner, by agreement with the owners of lands through which private waters
flow or in which private waters lie, the same not being boatable waters, may close
such waters, or parts thereof, against fishing, and such waters while closed shall
be considered closed waters. In the name of the State, the Commissioner may receive
from the owners of such lands such deeds or writings as are necessary for this purpose.
Such waters shall not thereafter during the term for which they are closed be included
in private preserves or propagation farms. Notice that such waters are closed shall
be given by notices posted conspicuously upon the banks or shores of such waters. (Added 1961, No. 119, § 1, eff. May 9, 1961.)
§ 4140. Closing waters during spawning
Not less than 10 days prior to and continuing 10 days after the usual spawning periods
of any species of game or food fish, the Commissioner may close portions of waters
where such species congregate preparatory to or during the spawning season. (Added 1961, No. 119, § 1, eff. May 9, 1961.)
§ 4141. Public and private waters, powers as to; private preserve or propagation farm, filing
notice of intent
Waters, except closed waters, stocked by the Commissioner, thereafter shall be treated
as public waters, but he or she may prohibit fishing therein for a period of not exceeding
five years and notice thereof shall be given in the manner provided in section 4139 of this title. A person who might otherwise make the same a private preserve or propagation farm
may do so at the expiration of five years from the date of filing with the Commissioner
a written notice of such intent. Such notice shall contain a description of the waters,
or part thereof, intended to be made a private preserve or propagation farm and shall
be kept on file by the Commissioner. (Added 1961, No. 119, § 1, eff. May 9, 1961.)
§ 4142. Test waters; notices
(a) For the purpose of securing data relative to the propagation of fish, the Commissioner
may designate as test waters streams and ponds within the State. He or she shall cause
notices of the designation of any pond or stream as a test water to be published in
a newspaper circulating in the vicinity thereof at least three times not more than
30 nor less than five days before the effective date of such designation and to be
posted conspicuously on the banks or shores of such waters. Such notices shall state
the dates between which such waters are designated as test waters and shall contain
such portions of the laws relating to test waters as may be desirable to inform the
public of the restrictions thereon.
(b) Fishing in such test waters shall be in accordance with regulations of the Commissioner.
(c) [Repealed.] (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1963, No. 14, eff. March 19, 1963; 1991, No. 230 (Adj. Sess.), § 12.)
§ 4143. Power to sell fish for stocking, other purposes
(a) The Commissioner may sell fish fry, fingerlings, and adult trout to residents of this
State for the purpose of stocking waters in the State and he or she may sell to residents
fish reared by the State. Such fish shall be sold at a price sufficient to return
the State a reasonable profit. The Commissioner shall keep an itemized account of
such sales.
(b) A person shall not make other use of such fish fry or fingerlings than is represented
in the application therefor or is prescribed by the Commissioner, or make a false
statement in such application. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 2011, No. 139 (Adj. Sess.), § 9, eff. May 14, 2012.)
§ 4144. Acquisition of property by State, closed season
(a) The Secretary with approval of the Governor may acquire for the use of the Department
of Fish and Wildlife by gift, purchase, or lease any and all rights and interests
in lands, ponds, or streams, and hunting and fishing rights and privileges in any
lands or waters in the State, and the necessary rights of ingress or egress to and
from such lands and waters. The Secretary’s authority to acquire property interests
under this section shall include all of the interests that may be acquired under subsection 6303(a) of this title.
(b) The Board may regulate the taking of wild animals on such lands or of fish in such
waters and close or open such waters or lands or any part thereof to the taking of
fish or wild animals.
(c) Such regulations shall be posted in the areas affected. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1991, No. 230 (Adj. Sess.), § 13; 2017, No. 170 (Adj. Sess.), § 2.)
§ 4145. Access, landing area rules
(a) The Board may adopt rules, under 3 V.S.A. chapter 25, to regulate the use by the public of access areas, landing areas, parking areas,
or of other lands or waters acquired or maintained pursuant to section 4144 of this title. Such rules shall be posted in the areas affected and shall permit the launching
of all vessels that have a Vermont registration certificate required by 23 V.S.A. chapter 29 and the parking of vehicles and boat trailers used by these vessels. The rules shall
not preclude the authorization to launch vessels not registered in Vermont. These
rules also shall permit the launching of all nonmotorized vessels not used for commercial
purposes and the parking of vehicles and boat trailers used by these vessels.
(b) The Commissioner may enter into agreements with owners of land, which shall not involve
payment to the landowner, in order to allow public access for launching of nonmotorized
vessels in public waters. The Commissioner may agree to upgrade the land area in a
minor way; for example, the Commissioner may agree to build a footpath to the water,
build and maintain a small parking area, or perform minor grading to improve boat
access. The Commissioner may not agree to major upgrading, such as building a launching
ramp or paving a parking area. A landowner who enters into an agreement under this
subsection shall be afforded the landowner liability protections of 12 V.S.A. § 5793. The Commissioner shall post signs in these areas, inviting private contributions
to the Fish and Wildlife Fund for the purpose of building and maintaining nonmotorized
vessel access areas, and shall issue to any person contributing, a sticker that may
be placed on a vessel and that identifies the person as a contributor to the nonmotorized
vessel access area program.
(c) The Commissioner shall keep account of funds, including private donations and State
appropriations, that are deposited into the Fish and Wildlife Fund for the purpose
of building and maintaining access areas and shall annually, on or before January
15, report to the House Committee on Environment, the Senate Committee on Natural
Resources and Energy, and the Senate and House Committees on Appropriations, concerning
the use of those funds in the past year and plans for use of the funds for the coming
year. 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.
(d) The Board shall allow the Commissioner of Environmental Conservation to post aquatic
nuisance signs pursuant to subdivision 1453(b)(6) of this title. (Added 1961, No. 119, § 1; amended 1991, No. 230 (Adj. Sess.), § 14; 1993, No. 52, § 5; 1999, No. 76 (Adj. Sess.), § 1; 2003, No. 121 (Adj. Sess.), § 69, eff. June 8, 2004; 2013, No. 142 (Adj. Sess.), § 22.)
§ 4146. Public shooting grounds; establishment
The Commissioner may establish public shooting grounds on land acquired or controlled
by and under the jurisdiction of the Department. The Commissioner may, for a specified
period of time, prohibit or regulate the taking of wild animals in accordance with
law on any part or parts of such lands. He or she may also make such regulations as
may be necessary for the proper protection and management of such lands. At least
30 days before such a prohibition or regulation takes effect, she or he shall file
a copy of same in the office of the town clerk of the town in which such lands lie,
and shall cause the same to be published three times in a newspaper having general
circulation in such area. Any part or parts of such shooting grounds which are closed
against the taking of game shall be surrounded by suitable notices, as prescribed
by the Commissioner, placed at conspicuous places along such boundaries. (Added 1961, No. 119, § 1; amended 1991, No. 230 (Adj. Sess.), § 15.)
§ 4147. Fish and wildlife lands
(a) Notwithstanding the provisions of 29 V.S.A. § 166, the Secretary with the approval of the Governor may convey, exchange, sell, or lease
lands of the Department of Fish and Wildlife for one or more of the following purposes:
(1) resolving trespass issues and implementing boundary line adjustments and right-of-way
and deed corrections, provided that the transfers are advantageous to the State;
(2) implementing the acquisition of new lands for conservation and public recreation when,
in his or her judgment, it is advantageous to the State.
(b) The lease, sale, or exchange of lands under this section shall not include oil and
gas leases and shall not be contrary to the terms of any contract that has been entered
into by the State. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1981, No. 240 (Adj. Sess.), § 5, eff. April 28, 1982; 1983, No. 195 (Adj. Sess.), § 5(b); 1991, No. 230 (Adj. Sess.), § 16; 2017, No. 170 (Adj. Sess.), § 3.)
§ 4148. Trespass on State property
A person shall not trespass, in violation of regulations, upon property under the
jurisdiction of the Secretary. (Added 1961, No. 119, § 1; amended 1991, No. 230 (Adj. Sess.), § 17.)
§ 4149. State Ornithologist
The Commissioner, by virtue of his or her office, shall be State Ornithologist and
as such may employ, subject to the approval of the Governor, one or more assistants. (Added 1961, No. 119, § 1, eff. May 9, 1961.)
§ 4150. Study of birds; dissemination of information
The Ornithologist or his or her assistants shall investigate the distribution, food,
and unity of the birds of the State, study regarding their relations to insects and
other pests, and disseminate the information thus obtained for the benefit of the
people of the State. (Added 1961, No. 119, § 1, eff. May 9, 1961.)
§ 4151. Bulletins regarding birds; lectures
The Ornithologist or his or her assistants may prepare bulletins regarding the birds
of the State, means of protecting them, the methods of protecting crops from birds
and other economic matters relating to birds, and the same may be published. The
Ornithologist or his or her assistants may deliver public lectures and addresses;
provided, however, that all necessary expenses incident thereto are met by those requesting
such services. (Added 1961, No. 119, § 1, eff. May 9, 1961.)
§ 4152. Permits for scientific and educational collections
(a) The Commissioner may issue permits to a properly accredited person or educational
institution permitting the holder thereof to collect birds, their nests and eggs,
and fish and wild animals or parts thereof, for public scientific research or educational
purposes of the institution.
(b) The Commissioner may issue a permit to an individual that allows the holder to collect
fish and wild animals for the purpose of using them as subjects of art or photography.
(c) The Commissioner may issue a permit to a person that allows the holder to collect
and possess a dead salvage bird or bird feathers for noncommercial cultural or ceremonial
purposes, provided that the bird was legally acquired, transferred from an individual
who acquired it legally, or found dead, and the permittee had no part in the intentional
killing of the bird. A permit issued under this section shall comply with federal
requirements regarding collection and possession of migratory birds. (Added 1961, No. 11 § 1, eff. May 9, 1961; amended 1987, No. 171 (Adj. Sess.); 1991, No. 230 (Adj. Sess.), § 30; 2013, No. 116 (Adj. Sess.), § 11.)
§ 4153. Lifetime license; award
(a) The Commissioner is authorized to hold an annual drawing of applications for prizes
that the Department may have available such as lifetime or other licenses, time at
a Fish and Wildlife Conservation Camp, and fish and wildlife publications. However,
the Department shall not offer cash nor purchase or accept goods for the purpose of
making them available through the drawing. Anyone who has reached the age of majority
may enter the drawing by filling out an application provided by the Commissioner and
paying a fee of $2.00. There is no limit to the number of applications a person may
enter. Prizes shall be awarded by the random drawing of applications.
(b) The Commissioner shall establish procedures necessary to implement this section.
(c) The agent shall be reimbursed $0.25 per application.
(d) Fees collected under this section shall be deposited into the Fish and Wildlife Fund.
(e) Licenses awarded under this section shall be paid for from the fees collected under
this section. (Added 1991, No. 96; amended 1993, No. 110 (Adj. Sess.), § 1.)
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Subchapter 004: GAME WARDENS
§ 4191. Game wardens, number, record
(a) The Commissioner, with the approval of the Governor, may employ a chief game warden
and as many State game wardens as may be required for the proper enforcement of the
fish and wildlife laws of the State. These officers shall be included in the classified
service created in 3 V.S.A. chapter 13. These officers and deputy game wardens employed
as herein provided shall be sworn to the faithful performance of their duties. The
Commissioner may appoint and employ for a limited time as many deputy game wardens
as deemed necessary. The number of game wardens shall be determined by the Commissioner
with the approval of the Governor. A copy of the appointment and oath of office of
each game warden and deputy shall be filed in the office of the Commissioner.
(b) While so employed, game wardens shall devote their entire time to the discharge of
their duties and shall not be engaged in any other business without having first obtained
permission to do so from the Commissioner. The Commissioner may grant permission
if it appears that the outside employment will not render the warden unavailable during
an emergency, will not physically or mentally exhaust the warden to the point that
performance of duties might be affected, and will not require that any special consideration
be given to scheduling of regular duty hours. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1985, No. 101 (Adj. Sess.); 1991, No. 230 (Adj. Sess.), § 18.)
§ 4192. Duties of deputy game wardens
Deputy game wardens shall have authority to enforce all provisions of this part and
all orders and rules adopted thereunder. They shall also have authority to enforce
the provisions of chapter 47 of this title, 13 V.S.A. § 3705, 24 V.S.A. § 2201, Title 25, and 23 V.S.A. chapter 29. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1967, No. 96, eff. April 13, 1967; 1971, No. 245 (Adj. Sess.), § 3, eff. April 6, 1972; 1991, No. 215 (Adj. Sess.), § 1.)
§ 4193. Seizure; power to arrest
(a) The Chief Game Warden and State and deputy game wardens shall seize fish or wild animals
taken or held in violation of a provision of this part or regulations or orders authorized
under this part. They may arrest, without warrant and on view, in any part of the
State, a person violating a provision of this part or regulations or orders authorized
under this part and take such person before a magistrate having jurisdiction of the
offense and detain such person in custody at the expense of the State until opportunity
is had to notify a prosecuting officer, who shall forthwith prosecute such offender.
(b) While the State of New York shall have in effect a law similar to this subsection
for the arrest and punishment of violations of the conservation or fish laws of this
State or the State of New York, committed or attempted to be committed by any person
fishing in that portion of Lake Champlain lying between such states, any game protector,
game warden, sheriff, deputy sheriff or other person of either state, who is authorized
to make arrests for violations of the conservation or fish laws of such states, shall
have power and authority to make arrest on any part of such lake between such states
or the shores thereof and to take the person so arrested for trial to the state in
which the violation was committed and there to prosecute such person according to
the laws of such state. (Added 1961, No. 119, § 1, eff. May 9, 1961.)
§ 4194. Repealed. 1991, No. 215 (Adj. Sess.), § 4.
§ 4195. Power as to forest fires; payment
(a) While in and about the woods, the game wardens shall caution persons as to the danger
of fires and shall extinguish a fire left burning. When a fire is threatening to
extend beyond his or her control, the game warden shall notify all parties interested
and the forest fire warden of the town in which such fire occurs. Until the arrival
of such fire warden, he or she shall have all the powers of such fire warden.
(b) Such game wardens shall render a statement accompanied by proper vouchers for expense
incurred in respect to such fire to the treasurer of the town in which the fire occurred
and such town shall make payment therefor in the manner provided for the payment of
forest fire wardens. (Added 1961, No. 119, § 1, eff. May 9, 1961.)
§ 4196. Instructions and meetings
The Chief Game Warden, with the advice and consent of the Commissioner, shall instruct
and assist the game wardens in their duties and from time to time may call such wardens
together at some time and place designated by the Commissioner for instruction in
their duties. (Added 1961, No. 119, § 1, eff. May 9, 1961.)
§ 4197. Records and reports
A game warden shall keep a record of his or her official acts in the manner and form
prescribed by the Commissioner. He or she shall submit such record and such reports
to the Commissioner as he or she may require. (Added 1961, No. 119, § 1, eff. May 9, 1961.)
§ 4198. Police powers; training; State game wardens; deputy game wardens
Upon obtaining from the Vermont Criminal Justice Council Level II or Level III law
enforcement officer certification as established in 20 V.S.A. § 2358, State game wardens and deputy game wardens shall have the same law enforcement authority,
duties, and powers as State Police, sheriffs, constables, and municipal police and
shall have all immunities and defenses now or hereafter available to State Police,
sheriffs, constables, and municipal police in a suit brought against them in consequence
of acts done in the course of their employment. State game wardens and deputy game
wardens shall receive their regular compensation during the time they are enrolled
in the training program. (Added 1973, No. 200 (Adj. Sess.), amended 1979, No. 57, § 11; 1991, No. 215 (Adj. Sess.), § 2; 1993, No. 236 (Adj. Sess.), § 4; 2013, No. 141 (Adj. Sess.), § 16, eff. July 1, 2015.)
§ 4199. Reciprocal assistance agreements
(a) In this section, “officer” means a game warden, a conservation law enforcement officer,
or a person in another state charged with enforcing the fish and wildlife laws of
that state.
(b) The Commissioner may enter into a reciprocal assistance agreement with his or her
counterpart in any other state. An agreement made under this section shall be for
the purpose of cooperating and assisting each other in detecting and apprehending
people violating the fish and wildlife or environmental laws of the State, subject
to the limitations of section 4193 of this title.
(c) Pursuant to an agreement under this section, the Commissioner may send fish and wildlife
wardens into another state for the purpose of assisting the officers of that state
and may accept officers of another state into Vermont for the purpose of assisting
Vermont wardens.
(d) Under an agreement pursuant to this section:
(1) When a Vermont game warden or an officer of one state enters another state for the
purposes of assistance, he or she shall be under the operational control of the chief
officer of the host state and shall have the same duties, rights, privileges, and
immunities as officers of the host state. An officer of another state operating in
Vermont under this section shall have the same powers as a Vermont game warden provided
the officer is certified by the Executive Director of the Vermont Criminal Justice
Council as meeting the standards established in 20 V.S.A. § 2358 for Vermont law enforcement officers. This subsection does not nullify subsection 4193(b) of this title.
(2) When an officer is serving in another state under this section, the host state shall
assume liability to third persons for actions of that officer taken on account of
or in connection with a request for assistance hereunder but only to the extent that
the host state would be liable for actions of one of its own officers. The home state
of the officer shall be responsible for payment of salary, expenses, and injury and
death benefits of the officer while on duty in another state.
(e) A reciprocal assistance agreement shall be executed in writing, shall set forth the
terms and conditions under which assistance may be requested or rendered and shall
remain in full force and effect until terminated by mutual consent of the parties
to the agreement, or until 10 days after one of the parties has given notification
to another party of intention to terminate the agreement. (Added 1991, No. 171 (Adj. Sess.).)