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Subchapter 001: GENERAL PROVISIONS
§ 4501. Aiding in violations; sharing in proceeds
A person who drives, transports, scouts, counsels, or otherwise aids another person
in a violation of a provision of this part, or who knowingly possesses, consumes,
or otherwise shares in the proceeds of such a violation by receiving or possessing
fish or wild animals, or any parts thereof, shall be punished as a principal. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 2015, No. 145 (Adj. Sess.), § 4.)
§ 4502. Uniform point system; revocation of license
(a) A uniform point system that assigns points to those convicted of a violation of a
provision of this part is established. The conviction report from the court shall
be prima facie evidence of the points assessed. In addition to other penalties assessed
for violation of fish and wildlife statutes, the Commissioner shall suspend licenses
issued under this part that are held by a person who has accumulated 10 or more points
in accordance with the provisions of subsection (c) of this section.
(b) A person violating provisions of this part shall receive points for convictions in
accordance with the following schedule (all sections are in this title of the Vermont
Statutes Annotated):
(1) Except for biological collection violations determined to be nonpoint violations under
the rules of the Board, five points shall be assessed for any violation of statutes
or rules adopted under this part except those listed in subdivisions (2) and (3) of
this subsection.
(2) Ten points shall be assessed for:
(A) § 4148. Trespass on State property
(B) § 4270. Fur buyer’s records
(C) § 4517. Destruction of State property
(D) § 4605. Placing fish in waters
(E) § 4607. Obstructing streams
(F) § 4611. Sale of gamefish
(G) § 4704. Use of machine guns, autoloading rifles, and gun suppressors
(H) § 4705. Shooting from motor vehicles or aircraft
(I) [Repealed.]
(J) § 4707. Traps: notice
(K) § 4708. Interference with hunting, fishing, or trapping
(L) § 4709. Importation, stocking of wild animals
(M) § 4710. Safety zone
(N) § 4748. Dogs pursuing deer or moose
(O) [Repealed.]
(P) § 4864. Transporting beaver skins
(Q) § 5101. Fish and wildlife; restrictions on transportation
(R) § 5204. Poaching; private preserves
(S) § 5205. Injuring notice of posted land
(T) § 5209. Special penalty; breeders
(U) § 5211. Poaching; propagation farms
(V) § 5213. Mansfield State Forest; game refuge
(W) § 5220. Birds released
(X) § 5226. Bomoseen State Game Refuge
(Y) Appendix § 2. Reporting of big game
(Z) Appendix § 2a. Big game tags
(AA) Appendix § 3. Rabbit, squirrel; sale
(BB) [Repealed.]
(CC) [Repealed.]
(DD) Appendix § 23(d)(1), (3)-(9). Waterfowl hunting methods
(EE) Appendix § 23(h). Waterfowl, wanton waste
(FF) [Repealed.]
(GG) Appendix § 44. Trapping, except for violations of Appendix § 44, sections 4.3, 4.4, 4.6, 4.9, 4.10, 4.11, 4.12, 4.14(c), and 4.14(e)
(HH) § 4827. Taking black bear doing damage
(II) Appendix § 37, section 10. Novice season
(JJ) § 4742a. Youth deer hunting weekend. The points shall be assessed solely against the adult who is accompanying the youth hunter.
(KK) § 4908. Youth turkey hunting weekend. The points assessed against the adult accompanying the youth hunter.
(LL) § 4256. Mentored hunting license. The points shall be assessed against the licensed adult who is accompanying the individual holding the mentored hunting license.
(MM) § 4827a. Feeding a black bear
(NN) § 4826. Taking deer doing damage
(OO) § 22a. Taking turkey doing damage
(PP) § 35. Taking moose doing damage
(QQ) [Repealed.]
(RR) [Repealed.]
(SS) Appendix § 37, section 9.0. Feeding deer
(TT) § 4716. Participating in a coyote-hunting competition.
(3) Twenty points shall be assessed for:
(A) [Repealed.]
(B) § 4278. Falconry license
(C) [Repealed.]
(D) § 4606. Taking fish by unlawful means, except for violations of subsection 4606(g) of this title
(E) § 4702. Use of light (firearm or bow involved)
(F) § 4703. Use of set guns
(G) [Repealed.]
(H) [Repealed.]
(I) § 4745. Taking big game out of season prohibited
(J) § 4747. Taking big game by illegal means
(K) § 4781. Big game possession
(L) § 4783. Purchase and sale of big game
(M) § 4784. Transportation of big game
(N) § 5403. Taking, possession, or transport of endangered or threatened species
(O) Appendix § 7, sections 4.2, 5.3, 6.1, 6.2, 6.3(b), 6.3(d), 6.3(e), 7.1, 7.2, 7.3, and 7.4. Bear, unauthorized taking
(P) Appendix § 22. Turkey season, excluding: requirements for youth turkey hunting season; and size of shot used or possessed
(Q) [Repealed.]
(R) Appendix § 31 (d), (e), and (f). Seasons, bag limits for caribou, elk, and moose
(S) Appendix § 116. Atlantic salmon in the Connecticut River
(T) § 4521. Failure to stop
(U) Appendix § 37. Deer management rule, excluding requirements for youth deer hunting weekend; requirements for novice season; limitations on feeding of deer; reporting big game; and section 11.0, ban of urine and other natural lures
(V) § 4454. Interstate Wildlife Violator Compact
(W) [Repealed.]
(X) [Repealed.]
(Y) Appendix § 20. Aerial hunting
(Z) Appendix § 44. Use of tooth jawed traps
(AA) Appendix § 44. Taking furbearers with poison
(BB) Appendix § 44. Taking furbearers from a den
(CC) § 4716. Holding or conducting a coyote-hunting competition
(DD) § 4706. Snaring animals
(4) In addition to other points assessed under this subsection, a person shall be assessed
one point for each fish, bird, animal, or pelt possessed, taken, transported, bought,
or sold in excess of the limits established in statutes or rules adopted under this
part.
(c) Licenses shall be suspended as follows:
(1) For 10 to 14 points accumulated in five years—a one-year suspension.
(2) For 15 to 19 points accumulated in five years—a two-year suspension.
(3) For 20 or more points accumulated in five years—a three-year suspension.
(d) The Commissioner shall establish a centralized registry of licensees and shall track
all convictions and the point accumulations, if any, against licensees. The Commissioner
shall provide adequate notice to licensees of their point accumulations, and suspensions,
if any.
(e) When a person holding a license issued under this part has been convicted of a violation
of 13 V.S.A. § 1023(a)(2) or has been convicted of manslaughter by the careless and negligent use of firearms,
the Commissioner shall revoke the person’s hunting license, 20 points shall accumulate
on the person’s license, and another license shall not be issued to the person within
five years from the date of the revocation or within five years from the date of the
conviction if the person had no license. The court before which such person is convicted
shall certify the conviction to the Commissioner. A revocation shall be deemed effective
when notice is given, when made in person, or three days after the deposit of the
notice in the U.S. mail, if made in writing.
(f) The Commissioner shall not reinstate a license suspended pursuant to subdivisions
(c)(2) and (3) of this section until the licensee has successfully completed a remedial
course designed to teach hunters, trappers, and anglers correct legal and ethical
behavior while hunting, trapping, and fishing in Vermont. The remedial course shall
be approved by the Commissioner and conducted by the Department. The fee for the remedial
course shall be $100.00. Funds collected for the course shall be deposited in the
Fish and Wildlife Fund. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1981, No. 80, § 1, eff. Jan. 1, 1982; 1991, No. 13, § 1; 1991, No. 269 (Adj. Sess.), §§ 1, 2, eff. June 26, 1992; 1993, No. 236 (Adj. Sess.), §§ 1, 5; 1995, No. 91 (Adj. Sess.), § 1, eff. April 4, 1996; 2001, No. 65, § 21; 2003, No. 99 (Adj. Sess.), § 2, eff. April 27, 2004; 2007, No. 65, § 204a; 2007, No. 97 (Adj. Sess.), § 4; 2009, No. 120 (Adj. Sess.), § 4, eff. July 1, 2011; 2009, No. 122 (Adj. Sess.), § 3; 2011, No. 108 (Adj. Sess.), § 2; 2013, No. 78, § 13; 2015, No. 61, § 17, eff. July 2, 2015; 2015, No. 97 (Adj. Sess.), § 26; 2015, No. 145 (Adj. Sess.), § 5; 2017, No. 170 (Adj. Sess.), § 15, eff. Jan. 1, 2019; 2025, No. 47, § 3, eff. July 1, 2025.)
§ 4503. Unlawful equipment, vehicle, forfeiture
A person convicted of violating the provisions of section 4745, 4781, 4783, 4784, 4705(a), 4280, 4747, or 4606 of this title relating to taking big game shall forfeit to the Department of Fish and Wildlife
the firearms, jacks, artificial lights, motor vehicle, or any other device used in
committing the violation. Forfeiture of a motor vehicle shall not apply to the illegal
taking, possessing, or transporting of wild turkey, anadromous Atlantic salmon, section
4606, or to the person’s first conviction of the provisions of section 4745, 4781,
4783, or 4784 under this section. Proceeds from the sale of items or equipment forfeited
under this section shall be deposited in the Fish and Wildlife Fund. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 234 (Adj. Sess.), § 1; 1985, No. 92, § 2; 2015, No. 145 (Adj. Sess.), § 6.)
§ 4504. Duties of prosecutor and warden
(a) When firearms, jacks, artificial lights, motor vehicles, and any other devices used
in the taking or transportation of big game are seized or taken by a game warden or
other officer, with or without a warrant, the officer who makes the seizure shall
forthwith give notice to the State’s Attorney of the county.
(b) The State’s Attorney shall attend and act in behalf of the State at the hearing against
the devices so seized, and the officer making the seizure without a warrant shall
be allowed the same fees as if he or she had acted under a warrant. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 234 (Adj. Sess.), § 2; 1985, No. 92, § 3; 2017, No. 93 (Adj. Sess.), § 11.)
§ 4505. Hearing; forfeiture
The game warden or other officer shall retain possession of firearms, jacks, lights,
motor vehicles, and devices taken until final disposition of the charge against the
owner, possessor, or person using the same in violation of the provisions of section 4745, 4781, 4783, 4784, 4705(a), 4280, 4747, or 4606 of this title, in accordance with the provisions of section 4503 of this title. When the owner, possessor, or person using firearms, jacks, lights, motor vehicles,
and devices in violation of the section is convicted of the offense, the court where
the conviction is had shall cause the owner, if known, and possessor and all persons
having the custody of or exercising any control over the firearms, jacks, lights,
motor vehicles, and devices seized, either as principal, clerk, servant, or agent
and the respondent to appear and show cause, if any they have, why a forfeiture or
condemnation order should not issue. The hearings may be held as a collateral proceeding
to the trial of the respondent in the discretion of the court. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1985, No. 92, § 4; 2017, No. 170 (Adj. Sess.), § 6.)
§ 4506. Disposal order
If, upon hearing, it appears that such firearm, jack, light, vehicle, and device was
used or intended to be used contrary to law, it shall be adjudged forfeited and condemned,
and shall be turned over to the game warden or other officer for the benefit of the
State as the court shall direct. In the event such device is illegal, such officer
shall destroy the same upon order of such court. (Added 1961, No. 119, § 1, eff. May 9, 1961.)
§ 4507. Costs of condemnation
Upon condemnation of such firearm, jack, light, vehicle, or device, any and all persons
before such court, pursuant to the provisions of sections 4505 and 4506 of this title, shall be liable to pay the costs of the condemnation proceedings, if, in the judgment
of such court, any of them by themselves, clerks, servants, or agents, shall have
been engaged in, aided in, assisted in, or abetted in the unlawful use of such firearm,
jack, light, vehicle, or device in violation of the provisions hereof, or have been
privy thereto, or have knowingly permitted the use of the same by them owned or controlled,
for such unlawful purposes. (Added 1961, No. 119, § 1, eff. May 9, 1961.)
§ 4508. Sale of forfeited equipment
Upon seizure of such firearm, jack, light, vehicle, or device without a warrant, a
game warden or other officer shall forthwith make complaint, under oath, subscribed
by him or her, to a court or magistrate having jurisdiction of offenses hereunder
in whose jurisdiction the same was seized. In the event, under proceedings provided
in sections 4503-4507 of this title, such device is ordered forfeited and is a device not illegal in itself, such firearm,
jack, light, motor, or other vehicle or device, upon written order of such court shall
be sold at public auction for the benefit of the State by the Commissioner. (Added 1961, No. 119, § 1, eff. May 9, 1961.)
§ 4509. Proceeds; accounting; liens
The Commissioner shall make return in writing to the court issuing such order of sale
and shall transmit to the court therewith from the proceeds of such sale all costs
of condemnation proceedings not taxed against other persons as herein provided. The
balance of proceeds remaining shall be credited to the General Fund of the Fish and
Wildlife Department and deposited, held, and accounted for in the same manner as provided
by law for the miscellaneous receipts by such Department, after paying all liens on
such device, according to their validity and priority that are established by intervention
or otherwise at the time of forfeiture being adjudged or in other proceedings brought
for such purpose as being bona fide and having been created without knowledge by the
holders thereof that such device was being or intended to be used contrary to the
provisions hereof, such liens to be specified by the court in its order of sale or
by order in writing of any other court having jurisdiction over such liens and devices. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 158 (Adj. Sess.), eff. April 13, 1984.)
§ 4510. Rights of innocent owner
Nothing contained in sections 4503-4509 of this title shall prejudice the rights of the bona fide owner of any such device upon affirmative
proof by him or her that he or she had no express or implied knowledge that such forfeited
property was being or intended to be used for the illegal purposes aforesaid and the
owner shall be entitled to a return of the same if he or she appears before adjudication
of forfeiture and establishes his or her right to such return in accord with the foregoing.
If, upon hearing, the person in charge of such firearm, jack, light, vehicle, or device
does not appear to be the owner thereof and no person shall claim the same, further
hearing shall be continued to a date certain. The taking of such articles and the
date, place, and purpose of adjourned hearing shall be advertised once a week for
three consecutive weeks in some newspaper published in the town or county where such
device was taken, and, if there is no newspaper published in such town or county where
such property was taken, in a newspaper having circulation in such county once a week
for three successive weeks. The court before whom such proceeding is held shall be
allowed the necessary expense of such advertising by the Commissioner of Finance and
Management and order entered by such court at such adjourned hearing. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 195 (Adj. Sess.), § 5(b).)
§ 4511. Reopening forfeiture proceedings; rehearing; jurisdiction of courts
(a) At any time within one year after such property shall have been adjudged forfeited,
and upon notice to the State’s Attorney of the county, a claimant, upon showing that
he or she had no knowledge of the hearing, may apply to the court before whom former
proceedings were had to have the cause reopened, provided he or she shall give security
by way of recognizance to the State, with sufficient sureties, in such sum as the
court directs, conditioned that the claimant will prosecute his or her claim to effect
and pay the costs awarded against him or her. If, upon rehearing, such claimant establishes
his or her claim, the court shall certify to the Commissioner of Finance and Management
the amount of such claim, not exceeding the net amount actually realized by the State
from the sale of such firearm, motor or other vehicle, or other device and the Commissioner
of Finance and Management shall issue his or her warrant therefor.
(b) [Repealed.] (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974; 1983, No. 195 (Adj. Sess.), § 5(b).)
§ 4512. Appeal
Appeals from the orders or judgments of a court or magistrate entered or made pursuant
to the provisions of sections 4503-4511 of this title shall be allowed in the same manner and to the same extent as provided in criminal
causes. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 12, eff. April 9, 1974.)
§ 4513. Unlawful devices for taking fish or wild animals; confiscation; sale
Fish, wild animals, and illegal devices for taking fish or wild animals found in the
possession of a person in violation of a provision of this part, shall be seized and
confiscated in the name of the State and the Commissioner may sell or otherwise dispose
of the same as he or she deems for the best interests of the State and for that purpose
may order the transportation of the same at any time. (Added 1961, No. 119, § 1, eff. May 9, 1961.)
§ 4514. Possession of flesh of game; restitution
(a) When legally taken, the flesh of a fish or wild animal may be possessed for food for
a reasonable time thereafter and such flesh may be transported and stored in a public
cold storage plant. Nothing in this section shall authorize the possession of game
birds or carcasses or parts thereof contrary to regulations made pursuant to the Migratory
Bird Treaty Act.
(b) Any person convicted of illegally taking, destroying, or possessing wild animals or
threatened or endangered species shall, in addition to other penalties provided under
this chapter, pay restitution in the following amounts into the Fish and Wildlife
Fund for each animal taken, destroyed, or possessed:
| |
(1) Big game |
no more than $2,000.00 and no less than $200.00 for the first offense and no less
than $500.00 each for a second or subsequent offense
|
| |
(2) Endangered or threatened species as defined in section 5401 of this title |
no more than $2,000.00 and no less than $500.00 each |
| |
(3) Small game |
no more than $500.00 and no less than $50.00 each |
| |
(4) Fish |
no more than $50.00 and no less than $25.00 each |
(c) A person who damages or destroys a wildlife facsimile owned by the Department of Fish
and Wildlife in violation of the requirements of part 4 of this title shall pay restitution
for the replacement or repair of the decoy into the Fish and Wildlife Fund. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1989, No. 205 (Adj. Sess.), § 2; 2011, No. 14, § 1, eff. July 1, 2012; 2015, No. 145 (Adj. Sess.), § 7.)
§ 4515. General penalty
Whoever violates or attempts to violate a provision of this part or an order or regulation
of the Board or of the Commissioner for which no other penalty is provided shall be
fined not more than $1,000.00. (Added 1961, No. 119, § 1, May 9, 1961; amended 1985, No. 92, § 11.)
§ 4516. Repealed. 1993, No. 236 (Adj. Sess.), § 5.
§ 4517. Destruction of State property
(a) Whoever intentionally or recklessly damages, injures, interferes with, or destroys
any property, real or personal, belonging to or controlled by the State for fish,
game, or wildlife purposes shall be fined not more than $2,500.00.
(b) A person convicted of intentionally or recklessly damaging, injuring, interfering
with, or destroying property belonging to or controlled by the State for fish, game,
or wildlife purposes shall, in addition to other penalties provided under this chapter,
pay restitution into the Fish and Wildlife Fund to repair or replace the damaged property. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1985, No. 92, § 12; 2015, No. 145 (Adj. Sess.), § 8.)
§ 4518. Big game violations; threatened and endangered species; suspension; violations
(a) Whoever violates a provision of this part or orders or rules of the Board that constitutes
a big game violation shall be fined not more than $2,000.00 nor less than $500.00
or imprisoned for not more than 60 days, or both. Upon a second and all subsequent
convictions or any conviction while under license suspension related to the requirements
of part 4 of this title, the violator shall be fined not more than $5,000.00 nor less
than $2,000.00 or imprisoned for not more than 180 days, or both.
(b) As used in this section, “big game violation” means:
(1) violations relating to taking, possessing, transporting, buying, or selling of big
game;
(2) violations of chapter 123 of this title and the rules related to threatened and endangered
species;
(3) violation of section 4280 of this title relating to criminal suspensions;
(4) violations of chapter 124 of this title relating to the trade in covered animal parts
or products;
(5) interference with hunting, fishing, or trapping in violation of section 4708 of this title; or
(6) illegal commercial importation or possession of wild animals in violation of section 4709 of this title. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1963, No. 6; 1973, No. 4; 1981, No. 80, § 2, eff. Jan. 1, 1982; 1983, No. 234 (Adj. Sess.), § 3; 1985, No. 92, § 5; 1991, No. 13, § 3; 2011, No. 14, § 2, eff. July 1, 2012; 2015, No. 145 (Adj. Sess.), § 9; 2019, No. 169 (Adj. Sess.), § 2, eff. Jan. 1, 2022; 2025, No. 47, § 10, eff. July 1, 2025.)
§ 4519. Assurance of discontinuance
(a) As an alternative to judicial proceedings, the Commissioner may accept an assurance
of discontinuance of any violation of this part. An assurance of discontinuance may
include, but need not be limited to:
(1) specific actions to be taken;
(2) abatement or mitigation schedules;
(3) payment of a civil penalty and the costs of investigation;
(4) payment of an amount to be held in escrow pending the outcome of an action or as restitution
to aggrieved persons.
(b) An assurance of discontinuance shall be in writing and signed by the respondent and
shall specify the statute or regulation alleged to have been violated. An assurance
of discontinuance shall be simultaneously filed with the Attorney General and the
Civil Division of the Superior Court of the county in which the alleged violation
occurred or the Civil Division of the Superior Court of Washington County. An assurance
of discontinuance may, by its terms, become an order of the court. Evidence of a violation
of an assurance of discontinuance shall be prima facie proof of the violation.
(c) Any violation of an assurance of discontinuance shall constitute a separate and distinct
offense of the underlying statute or rule and shall be subject to an administrative
penalty under section 4520 of this title, in addition to any other applicable penalties. (Added 2011, No. 54, § 6.)
§ 4520. Administrative penalties
(a) In addition to other penalties provided by law, the Commissioner may assess administrative
penalties, not to exceed $1,000.00, for each violation of this part.
(b) In determining the amount of the penalty to be assessed under this section, the Commissioner
may give consideration to one or more of the following:
(1) the degree of actual and potential impact on fish, game, public safety, or the environment
resulting from the violation;
(2) the presence of mitigating or aggravating circumstances;
(3) whether the violator has been warned or found in violation of fish and wildlife law
in the past;
(4) the economic benefit gained by the violation;
(5) the deterrent effect of the penalty;
(6) the financial condition of the violator.
(c) Each violation may be a separate and distinct offense and, in the case of a continuing
violation, each day’s continuance may be deemed to be a separate and distinct offense.
In no event shall the maximum amount of the penalty assessed under this section exceed
$25,000.00.
(d) In addition to the administrative penalties authorized by this section, the Commissioner
may recover the costs of investigation, which shall be credited to a special fund
and shall be available to the Department to offset these costs.
(e) Any party aggrieved by a final decision of the Commissioner under this section may
appeal de novo to the Civil Division of the Superior Court of the county in which
the violation occurred or the Civil Division of the Superior Court of Washington County
within 30 days of the final decision of the Commissioner.
(f) The Commissioner may enforce a final administrative penalty by filing a civil collection
action in the Civil Division of the Superior Court of any county.
(g) The Commissioner may, subject to 3 V.S.A. chapter 25, suspend any license or permit
issued pursuant to his or her authority under this part for failure to pay a penalty
under this section more than 60 days after the penalty was issued. (Added 2011, No. 54, § 6.)
§ 4520a. Notice and hearing requirements
(a) The Commissioner shall use the following procedures in assessing the penalty under
section 4520 of this title: the Attorney General or an alleged violator shall be given an opportunity for a
hearing after reasonable notice; and the notice shall be served by personal service
or by certified mail, return receipt requested. The notice shall include:
(1) a statement of the legal authority and jurisdiction under which the hearing is to
be held;
(2) a statement of the matter at issue, including reference to the particular statute
allegedly violated and a factual description of the alleged violation;
(3) the amount of the proposed administrative penalty; and
(4) a warning that the decision shall become final and the penalty imposed if no hearing
is requested within 15 days of receipt of the notice. The notice shall specify the
requirements which shall be met in order to avoid being deemed to have waived the
right to a hearing or the manner of payment if the person elects to pay the penalty
and waive a hearing.
(b) Any person who receives notification pursuant to this section shall be deemed to have
waived the right to a hearing unless, within 15 days of the receipt of the notice,
the person requests a hearing in writing. If the person waives the right to a hearing,
the Commissioner shall issue a final order finding the person in default and imposing
the penalty. A copy of the final default order shall be sent to the violator by certified
mail, return receipt requested.
(c) When an alleged violator requests a hearing in a timely fashion, the Commissioner
shall hold the hearing pursuant to 3 V.S.A. chapter 25. (Added 2011, No. 54, § 6.)
§ 4521. Failure to stop
(a) An operator of a motor vehicle or vessel shall bring the vehicle or vessel to a stop
when signaled to do so by a warden or deputy warden wearing a uniform identifying
him or her as such or operating a law enforcement vehicle or vessel sounding a siren
and displaying a flashing blue or blue and white signal lamp. A person who violates
this section shall be fined not more than $500.00.
(b) A person who is traveling on foot who fails to stop when requested to do so by a warden
or deputy warden wearing a uniform identifying him or her as a law enforcement officer
shall be fined not more than $100.00. (Added 1991, No. 215 (Adj. Sess.), § 3.)
§ 4522. Unclaimed evidence
(a) Notwithstanding 27 V.S.A. chapter 14, upon final disposition of a charge relating to a violation of this part, a person
shall reclaim and remove his or her property seized as evidence of the violation from
the fish and wildlife warden or officer in possession of the property, or risk forfeiture
of the property as provided in this section.
(b) At any time after the final disposition of a charge relating to a violation of this
part, the Commissioner may serve notice upon the defendant, stating that the property
shall be forfeited unless the defendant reclaims and removes the property within 60
days of receipt of written notice.
(c) Written notice may be delivered personally or by certified mail. If notice is provided
by mail, notice shall be deemed received three days after mailing by the Department.
Written notice that is mailed shall be sent to the defendant at the address indicated
on the citation on which the seizure was based.
(d) Property unclaimed after 60 days from the date of receipt of notice shall be forfeited
to the State and, at the discretion of the Commissioner, may be destroyed, sold, or
donated to a governmental entity, nonprofit organization, or children’s camp.
(e) If the State has knowledge that the seized property is owned by a person other than
the defendant and the State wishes to dispose of the property, the State shall make
a reasonable attempt to identify the owner and provide notice to that person in accordance
with subsections (b) and (c) of this section.
(f) A person claiming to be the bona fide owner of the seized property who is not the
defendant may provide evidence of ownership to the fish and wildlife warden or officer
in possession of the property, and, if satisfied that the person is the bona fide
owner, the warden or officer shall release the property to such person.
(g) After final disposition of a charge related to the seizure of the property, if the
owner of the seized property is unknown, the Commissioner may publish notice twice,
14 days apart, in a newspaper of general circulation in the county where the evidence
was seized. The notice shall include a description of the property, and if known,
the date when the property was seized and the place where the property was seized.
The notice shall state that the property is in the possession of the Commissioner,
and that claims should be directed to the Commissioner. If no person claims the property
within 60 days of the date of the first publication of notice, the property shall
be forfeited to the Commissioner. At the discretion of the Commissioner, the property
may be destroyed, sold, or donated to a governmental entity, nonprofit organization,
or children’s camp.
(h) This section shall not apply to property seized as evidence of a violation of section 4513, 4606, or 4747 of this title.
(i) Proceeds realized from property that the Commissioner has sold under this section
shall be deposited in the Fish and Wildlife Fund. (Added 2001, No. 80 (Adj. Sess.), § 1, eff. April 17, 2002; amended 2015, No. 97 (Adj. Sess.), § 27.)