The Vermont Statutes Online

Title 10: Conservation and Development

Chapter 107: Suspension of Open Season

• § 4401. Suspension of open season by proclamation of Governor; exception

  (a) During an open season for the taking of game or fish, when it appears to the Governor that by reason of drought hunting, fishing, and trapping are likely to cause forest fires, he or she may by proclamation suspend hunting, fishing, and trapping and make it a closed season for such time as he or she may designate. In such proclamation, he or she may except from the provisions thereof localities not affected by drought and certain game birds, animals, and fish.

  (b) When it appears to the Governor that the necessity therefor has ceased to exist, he or she shall remove by proclamation the suspension; except that in case such period of suspension includes the open season for taking deer, such open season shall not be reopened, but the Governor by proclamation shall fix some period of equal number of days in the same year as the open season for the taking of deer.

  (c), (d) [Repealed.] (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1967, No. 56, §§ 1, 2.)

• § 4402. Recommendations of Secretary for closed season; proclamation; special season

  When in the opinion of the Secretary conditions exist that constitute an emergency calling for measures of protection for fish, wildlife, or fur-bearing animals additional to those provided by existing law, the Secretary shall certify the opinion to the Governor and attach therewith a statement of the measures of protection she or he recommends. Upon receipt of such certificate, the Governor by proclamation may suspend or close the open season in whole or in part with respect to any species of fish, wildlife, or fur-bearing animal either throughout the State or in any specified locality or localities or may impose restrictions additional to those already imposed by statute upon the number of any species of fish, wildlife, or fur-bearing animal to be taken. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1991, No. 230 (Adj. Sess.), § 21.)

• § 4403. Suspension period

  A proclamation issued under section 4402 of this title shall continue in force until such date as is specified in the proclamation or until the Governor shall recall it or, if no expiration date is specified or recalling proclamation issued, until, but in no instance beyond, the convening of the next regular session of the General Assembly. (Added 1961, No. 119, § 1, eff. May 9, 1961.)

• § 4404. Report of effect of closed season

  When the fishing or hunting season is wholly or partly closed by such proclamation, the Commissioner shall seasonably report to the Governor upon the effect of such action and the Governor may reopen or extend the season by proclamation for a period not to exceed that for which she or he had closed it. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1991, No. 230 (Adj. Sess.), § 22.)

• § 4405. Publication

  (a) Proclamations made under the provisions of section 4401 or 4402 of this title shall be published in such newspapers of the State and posted in such places and in such manner as the Governor may order. A copy of such publication and order, attested by the Secretary of Civil and Military Affairs, shall be filed with the Secretary of State and a like copy shall be furnished to the Secretary who shall attend to the publication and posting thereof. The expenses of such publication and posting shall be paid by the Secretary and the Commissioner of Finance and Management shall issue his or her warrant therefor.

  (b) The certificate of the Secretary that she or he has complied with the order of the Governor in respect to the publication shall be prima facie evidence of the promulgation of such proclamation. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 195 (Adj. Sess.), § 5(b); 1991, No. 230 (Adj. Sess.), § 23.)

• § 4406. Violation of closed season; penalty

  During the time which shall be made a closed season as provided in section 4401 or 4402 of this title, the several provisions of law relating to closed seasons shall be in force and a person violating a provision thereof shall be subjected to the penalty provided for taking fish and wild animals in closed season. (Added 1961, No. 119, § 1, eff. May 9, 1961.)