The Vermont Statutes Online

Title 10: Conservation and Development

Chapter 103: Department of Fish and Wildlife

• 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 Repealed. 1991, No. 230 (Adj.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 Repealed. 1991, No. 230 (Adj.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).)

• 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 and Energy 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. Repealed. 1991, No. 230 (Adj. Sess.), § 1(3).

• § 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).

• 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 and Energy, 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.)

• 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.).)