The Vermont Statutes Online

Title 10 Appendix: Vermont Fish and Wildlife Regulations

Chapter 001: Game

• Subchapter 001: General Provisions

• § 1. Wild animals generally

  Wild animals, other than protected birds or game or furbearing animals, may be taken at any time, by any lawful means, by any person, holding a valid license for such taking or by any person permitted by law to take game without a license. (Added 1961, No. 119, § 2, eff. May 9, 1961.)

• § 2. Report, big game

  (a) Unless otherwise specified in the 10 App. V.S.A. section relating to the specific big game species, a person taking big game, as defined by 10 V.S.A. § 4001(31), pursuant to the seasons provided by law or regulation of the Fish and Wildlife Board, shall within 48 hours report the taking and exhibit the carcass in the manner required by the Commissioner. The Commissioner may authorize a person taking big game to report in the following manners including but not limited to; electronic reporting via email or website or mobile application, telephone, or in-person reporting. The Commissioner may waive the exhibition of the carcass unless requested by a warden. The Commissioner shall publish the reporting and exhibition requirements.

  (b) Notwithstanding the reporting requirements of 10 App. V.S.A. § 7 subsection 8.3 of the Bear Management Rule and 10 App. V.S.A. § 33 subsection 14.3 of the Moose Management Rule, in the event of an emergency, the Commissioner may authorize any person who takes big game to report and exhibit the carcass in the manner required by the Commissioner. The Commissioner shall publish the reporting and exhibition requirements during the emergency period. For the purposes of this section, “emergency” shall mean “a serious, unexpected, and dangerous situation that poses a threat to public health or safety, or to wildlife or natural resources, and requires immediate action.”

  (c) No big game carcass shall be transported out of the State without first being reported as required herein.

  (d) The Commissioner shall pay to the authorized agent a fee of $1.00 for each report taken on species where reports are required by law. (Added 1961, No. 119, § 2, eff. May 9, 1961; amended 1963, No. 144; 1971, No. 84, § 5; 1976, Fish and Game Board Reg. No. —, eff. Jan. 1, 1977; 1977, No. 225 (Adj. Sess.), § 9, eff. April 12, 1978; 1982, Fish and Game Board Reg. No. 935, § 2, eff. Sept. 1, 1982; 1985, No. 120 (Adj. Sess.), § 6, eff. April 16, 1986; 1993, Fish and Wildlife Board Reg. No. 996, eff. April 22, 1993; 2019 (Adj. Sess.) Fish and Wildlife Reg, eff. Oct. 23, 2020.)

• § 2a. Big game; tagging

  (a) A person taking big game, as defined by 10 V.S.A. § 4001(31), pursuant to the seasons provided by law or regulation of the Fish and Wildlife Board, shall immediately tag the big game carcass upon taking. The tag shall be placed on the big game carcass in a location that is open to view. Such tag shall remain on the big game carcass during possession and transportation and until such time that the animal is cut up for consumption.

  (b) A person shall not transport parts of a big game animal unless the parts or package containing them are marked with the name and address of the person who killed the big game.

  (c) A person may transport into and possess in this state big game legally taken in another state or country provided such person shall retain the tag required to be attached to the carcass by the state or country where taken and mark each package of meat with the name of the person who took the animal, tag number, date, and state or country of origin. (Added 1968, Fish and Game Board Reg. No. 778, eff. Jan. 1, 1969; amended 1985, Fish and Wildlife Board Reg. No. 957, eff. July 5, 1985; 1987, Fish and Wildlife Board Reg. No. 957, eff. Jan 1, 1987; 1989, Fish and Wildlife Board Reg. No. 957, eff. Nov. 24, 1989; 1992, Fish and Wildlife Board Reg. No. 957, eff. Nov. 14, 1992; 2008, Fish and Game Board Reg. No. 957, eff. Sept. 6, 2008.)

• § 2b. Wildlife Management Units

  1.0 Annual Public Meetings.

  Five Regions are established for annual public meetings on deer herd management pursuant to 10 V.S.A. § 4081(f). The Regions are comprised of Wildlife Management Units (WMU)s,, as delineated in section 2.0 below, and are as follows:

  a. Region 1—WMU’s A, B, C, F1, F2, G

  b. Region 2—WMU’s D1, D2, E1, E2

  c. Region 3—WMU’s H, I, J1, J2

  d. Region 4—WMU’s K, L, N, P

  e. Region 5—WMU’s M, O, Q.

  2.0 WMU boundaries.

  The WMU district boundaries are all those lands enclosed within the boundary lines described for each unit as follows:

  Unit A — All of Grand Isle County including the islands.

  Unit B — Beginning at the junction of the United States/Canadian Border and the Grand Isle/Franklin Counties Border proceed east along the Canadian Border to its intersection with State Route 139 in Richford. Then proceed southerly along that road to State Route 105. Continue southerly along Route 105 to State Route 108 in Enosburg Falls and then southerly along Route 108 to its intersection with the Upper Pleasant Valley Road (Cambridge T.H. #5) in Jeffersonville. Continue southerly along the Upper Pleasant Valley Road to the Pleasant Valley Road and then southerly along the Pleasant Valley Road (Cambridge T.H. #1, Underhill T.H. #1) which becomes River Road (Jericho T.H. #5) and along that road to State Route 15. Then south along Route 15 to the Brown’s Trace Road (Jericho T.H. #1, #3, and #4) and along that road which becomes the Jericho Road (Richmond T.H. #4). Continue along the Jericho Road to Bridge Street in Richmond and along Bridge Street to the Winooski River. Then westerly along the Winooski River to its mouth at Lake Champlain and then in a northwesterly direction to the Grand Isle/Chittenden County Border. Then north along that border to the point of beginning.

  Unit C — Beginning at the junction of the United States/Canadian Border and State Route 139 in Richford proceed east along the Canadian Border to State Route 243 in North Troy. Then proceed southerly along that road to State Route 105. Then southerly along Route 105 to State Route 101 and southerly along Route 101 to State Route 100 in Troy. Continue south along Route 100 to State Route 15 in Hyde Park then west along Route 15 to State Route 108 in Jeffersonville. Then north along Route 108 to State Route 105 in Enosburg Falls and north along Route 105 to State Route 139 and north along Route 139 to the point of beginning.

  Unit D — Beginning at the United States/Canadian Border and State Route 243 in North Troy proceed east along the Canadian Border to Line Farm Road (Holland T.H. #13) in Holland. Then south along that road to Holland Pond Road (Holland T.H. #4 & #19). Then west, turning south on Holland Pond Road to Valley Road (Holland T.H. #1, Morgan T.H. #1). Continue south along Valley Road to State Route 111 in Morgan. Then east on Route 111 to State Route 114. Then proceed south along Route 114 to State Routes 114/105, and continue south on Route 114 to Mountain Road (Burke #7) in East Burke. Then east on Mountain Road to Kirby Road (Burke T.H. #8, Lyndon T.H. #7) then south on Kirby Road which becomes Ridge Road (Kirby T.H. #1), continue south on Ridge Road to Kirby Mountain Road (Kirby T.H. #29) and south on that road to Ranney Hill Road (Kirby T.H. #29) and east on that road to Wood Lane (Kirby T.H. #29) and then south on Wood Lane which becomes Brook Road (Concord T.H. #66) to U.S. Route 2 Concord. Then west along U.S. Route 2 to State Route 15 in West Danville and west along Route 15 to State Route 100 in Hyde Park. Then north along Route 100 to State Route 101 in Troy and north along Route 101 to State Route 105. Continue north along Route 105 to State Route 243, then north along Route 243 to the point of beginning. Wildlife Management Unit D is subdivided into subunits D1 and D2.

  Subunit D1 — is that part of Unit “D” lying West of a line commencing at the junction of State Routes 15 and 16 in Hardwick and proceeding northerly along State Route 16 to State Route 5A in Westmore, then northerly on Route 5A to Hudson Road (Charleston T.H. #1) in Charleston. Then southeast on Hudson Road to State Route 105. Continue southeast on Route 105 ending at its junction with State Route 114 in Brighton.

  Subunit D2 — is that part of Unit “D” lying East of a line commencing at the junction of State Routes 15 and 16 in Hardwick and proceeding northerly along State Route 16 to State Route 5A in Westmore, then northerly on Route 5A to Hudson Road (Charleston T.H. #1) in Charleston. Then southeast on Hudson Road to State Route 105. Continue southeast on Route 105 ending at its junction with State Route 114 in Brighton.

  Unit E — Beginning at the United States/Canadian Border and Line Farm Road (Holland T.H. #13) in Holland proceed east along the Canadian Border to the Vermont/New Hampshire Border at Canaan. Then south along the New Hampshire Border to U.S. Route 2 in Guildhall. Then west along U.S. Route 2 to Brook Road (Concord T.H. #66) in Concord. Then north on Brook Road which becomes Wood Lane (Kirby T.H. #29), then west on Ranney Hill Road (Kirby T.H. #29) to Kirby Mountain Road (Kirby T.H. #29) then north on that road to Ridge Road (Kirby T.H. #1). Continue north on Ridge Road which becomes Kirby Road (Burke T.H. #8, Lyndon T.H. #7) and north on that road to Mountain Road (Burke T.H. #7) and west on Mountain Road to State Route 114 in East Burke. Then north along Route 114 to State Routes 114/105, continue north on Route 114 State Route 111 in Morgan. Then west along Route 111 to Valley Road (Morgan T.H. #1, Holland T.H. #1) and north on Valley Road to Holland Pond Road (Holland T.H. #4 & #19). Continue north, then east on Holland Pond Road to Line Farm Road (Holland T.H. #13) then north on that road to the point of beginning. Wildlife Management Unit E is subdivided into subunits E1 and E2.

  Subunit E1 — All of the Unit E as described previously north of State Route 105.

  Subunit E2 — All of the Unit E as described previously south of State Route 105.

  Unit F — Beginning at the mouth of the Winooski River at Lake Champlain in Colchester proceed east along the river to Bridge Street in Richmond. Then south along Bridge Street to Huntington Road (Richmond T.H. #1), and south along it where it becomes Main Road (Huntington T.H. #1) continuing south to the Hinesburg Hollow Road (Huntington T.H. #2, Starksboro T.H. #2). Then west along the Hinesburg Hollow Road which becomes Hollow Road (Hinesburg T.H. #5) to State Route 116. Continue south along Route 116 to State Route 125 in East Middlebury and then east on that road to the Upper Plains Road (Middlebury T.H. #11, Salisbury #5). Then south along that road to State Route 53 and along it to State Route 73 in Forest Dale. Proceed westerly on Route 73 to Mount Independence Road (Orwell T.H. #2) in Orwell. Then westerly on that road to Chipman’s Point Road (Orwell T.H. #2), and west on that road to Lake Champlain. Then on a west line to the Vermont/New York Border and then north along New York Border to the Grand Isle County Border. Then southeast to the mouth of the Winooski River and the point of beginning. Wildlife Management Unit F is subdivided into subunits F1 and F2.

  Subunit F1 — is that part of Unit “F” lying West of a line commencing at the junction of State Routes 22A and 73 in the Town of Orwell, then proceeding northerly along Route 22A to State Route 74 in Shoreham, then northerly along Route 74 to State Route 30 in Cornwall. Continue northerly along Route 30 to U.S. Route 7 in Middlebury then northerly along U.S. Route 7 to the Monkton Road (Ferrisburg T.H. #2, Monkton T.H. #1) in Ferrisburg. Then northerly along the Monkton Road which becomes Silver Street (Hinesburg T.H. #4) to State Route 116 in Hinesburg and northerly along Route 116 to State Route 2A in St. George and then northerly along 2A ending at its junction with the Winooski River in Williston.

  Subunit F2 — is that part of Unit “F” lying East of a line commencing at the junction of State Routes 22A and 73 in the Town of Orwell, then proceeding northerly along Route 22A to State Route 74 in Shoreham, then northerly along Route 74 to State Route 30 in Cornwall. Continue northerly along Route 30 to U.S. Route 7 in Middlebury then northerly along U.S. Route 7 to the Monkton Road (Ferrisburg T.H. #2, Monkton T.H. #1) in Ferrisburg. Then northerly along the Monkton Road which becomes Silver Street (Hinesburg T.H. #4) to State Route 116 in Hinesburg and northerly along Route 116 to State Route 2A in St. George and then northerly along Route 2A ending at its junction with the Winooski River in Williston.

  Unit G — Beginning at the junction of State Route 108 and the Upper Pleasant Valley Road (Cambridge T.H. #5) in Jeffersonville proceed north on Route 108 to State Route 15. Then east on Route 15 to State Route 100 in Morrisville and then south on that road to State Route 17 in Waitsfield. Continue westerly along Route 17 to State Route 116 in Bristol then north along that road to Hollow Road (Hinesburg T.H. #5). Proceed easterly along Hollow Road which becomes Hinesburg Hollow Road (Starksboro T.H. #2, Huntington T.H. #2) to Main Road (Huntington T.H. #1) then north on Main Road which becomes Huntington Road (Richmond T.H. #1) and along that road to Bridge Street in Richmond. Continue along Bridge Street to the Jericho Road (Richmond T.H. #4) and north along Jericho Road which becomes Brown’s Trace Road (Jericho T.H. #1, #3, #4) to State Route 15 and along Route 15 to River Road (Jericho T.H. #5) which turns into the Pleasant Valley Road (Underhill T.H. #1, Cambridge #1). Continue on that road to the Upper Pleasant Valley Road (Cambridge T.H. #5) and northerly along it to the point of beginning.

  Unit H — Beginning at the intersection of State Routes 15 and 100 in Morristown, proceed east along Route 15 to U.S. Route 2 in West Danville. Then east along U.S. Route 2 Peacham Road (Danville T.H. #3) in Danville, then south on the Peacham Road which becomes the Peacham Danville Road, then becomes the Bayley-Hazen Road (Peacham T.H. #1) to Peacham where it becomes South Main Street (Peacham T.H. #1). Continue south along that road which then becomes the Peacham Groton Road (Peacham T.H. #3) changing to Peacham Road (Barnet T.H. #4, Ryegate T.H. #4) to Groton where it becomes Minard Hill Road (Groton T.H. #2). Continue south on that road to U.S. Route 302. Proceed west on U.S. Route 302 to U.S. Route 2 in Montpelier and then westerly along U.S. Route 2 to State Route 100 in Waterbury. Then north along Route 100 to the point of beginning.

  Unit I — Beginning at the intersection of State Routes 116 and 17 in Bristol, proceed east along Route 17 to State Route 100 in Waitsfield. Then south along Route 100 to U.S. Route 4 in Killington, and then west on U.S. Route 4 to U.S. Route 7 in Rutland. Then north along U.S. Route 7 to State Route 73 in Brandon. Then easterly along Route 73 to State Route 53 in Forest Dale and north along Route 53 to the Upper Plains Road (Salisbury T.H. #5, Middlebury T.H. #11). Proceed north along the Upper Plains Road to State Route 125 in East Middlebury and west along Route 125 to State Route 116, then north along Route 116 to the point of beginning.

  Unit J — Beginning at the intersection of State Route 100 and U.S. Route 2 in North Moretown proceed east on U.S. Route 2 to U.S. Route 302 in Montpelier and along U.S. Route 302 to Minard Hill Road (Groton T.H. #2) in Groton. Then northerly on Minard Hill Road which then becomes Peacham Road (Barnet T.H. #4, Ryegate T.H. #4). Continue north along that road which then becomes the Peacham Groton Road (Peacham T.H. #3) to South Peacham where it becomes South Main Street (Peacham T.H. #1). Continue north on that road which becomes the Bayley-Hazen Road then becomes the Peacham Danville Road (Peacham T.H. #1) to Danville where it becomes the Peacham Road (Danville T.H. #3). Continue north on that road to U.S. Route 2. Proceed east along U.S Route 2 to the Vermont/New Hampshire Border in Guildhall. Then south along the New Hampshire border to U.S. Route 4 in White River Junction and then west on U.S. Route 4 to State Route 14 and west along Route 14 to State Route 107 in North Royalton. Continue west on Route 107 to State Route 100 in Stockbridge and north along Route 100 to the point of beginning. Wildlife Management Unit “J” is subdivided into subunits J1 and J2.

  Subunit J1 — is that part of Unit “J” lying West of a line commencing at the junction of State Routes 14 and 110 in South Royalton, then proceeding northerly along Route 110 ending at its junction with U.S. Route 302 in East Barre.

  Subunit J2 — is that part of Unit “J” lying East of a line commencing at the junction of State Routes 14 and 110 in South Royalton, then proceeding northerly along Route 110 ending at its junction with U.S. Route 302 in East Barre.

  Unit K — Beginning at the Vermont/New York Border off Chipman’s Point Road in Orwell, proceed east along Chipman’s Point Road to Mount Independence Road (Orwell T.H. #2) and along that road to State Route 73. Continue east on Route 73 to U.S. Route 7 in Brandon. Then south along U.S. Route 7 to Mt Tabor Ave (Mt. Tabor T.H. #1) in Mt. Tabor and west along that road to Brook Road (Danby T.H. #1). Then west on Brook Road to the Danby/Pawlet Road (Danby T.H. #1, Pawlet T.H. #4). Then west along that road to State Route 133 in Pawlet and along Route 133 to State Route 30, then westerly along Route 30 to State Route 149 and along Route 149 to the Vermont/New York Border. Then north along the New York Border to the point of beginning.

  Unit L — Beginning at the intersection of U.S. Routes 4 and 7 in Rutland, proceed east along U.S. Route 4 to State Route 100 in Bridgewater. Then south along Route 100 to State Route 30 in Rawsonville and then west along Route 30 to the junction of State Route 11 in Winhall. Continue west on Routes 11/30 to U.S. Route 7 in Manchester and north along U.S. Route 7 to the point of beginning.

  Unit M — Beginning at the intersection of State Routes 100 and 107 in Stockbridge proceed east on Route 107 to State Route 12. Then south on Route 12 to US Route 4 in Woodstock. Then west on Route 4 to State Route 106 and continue south on Route 106 to State Route 131 in Weathersfield, proceed west on Route 131 to State Route 103 in Proctorsville. Then south on Route 103 to State Route 11 to State Route 35 in Chester. Continue south on Route 35 to State Route 35/121 in Grafton. Then south on Route 35 to State Route 30 in Townshend. Then northwesterly on Route 30 to State Routes 30 and 100. Then north on Vermont Routes 30/100 to Rawsonville, continuing north on Route 100 to the point of beginning.

  Unit N — Beginning at the junction of State Route 149 and the Vermont/New York Border proceed east on Route 149 to State Route 30 then southeast on Route 30 to State Route 133. Continue easterly on Route 133 to the Danby/Pawlet Road (Pawlet T.H. #4) and easterly along that road to Brook Road (Danby T.H. #1). Continue east on Brook Road to Mt. Tabor Ave (Mt. Tabor T.H. #1) and continue east to its junction with U.S Route 7 in Mt. Tabor, then south on U.S. Route 7 to State Route 9 in Bennington. Then east on Route 9 to South Branch Street in Bennington and south to Beech Street and then south along it to South Stream Road (Bennington T.H. #3, Pownal T.H. #3) continuing south on that road which becomes Barber Pond Road and along it to U.S. Route 7 in Pownal. Then south along U.S. Route 7 to the Vermont/Massachusetts Border and then west along the Massachusetts Border to the Vermont/New York Border and north along the New York Border to the point of beginning.

  Unit O — Beginning at the intersection of State Routes 107 and 14 in North Royalton proceed easterly along Route 14 to U.S. Route 4 in White River Jct. Then east along U.S. Route 4 to the Vermont/New Hampshire Border. Then south along the New Hampshire Border to the Vermont/Massachusetts Border. Then west along the Massachusetts Border to Stark Mountain Road in Halifax (Halifax T.H. 39). Then north on Stark Mountain Road to Amidon Road (Halifax T.H. 32). Continue north on Amidon Road to Jacksonville Stage Road (Halifax T.H. 2) in Grove. Then northeast along Jacksonville Stage Road which becomes Stage Road (Guilford T.H. 1) to Guilford Center. Continue northeast on Guilford Center Road (Guilford T.H. 1) to U.S. Route 5 in Guilford. Then north on U.S Route 5 to Interstate 91 at Exit 1. Then northerly along Interstate 91 to State Route 30 in Brattleboro and along Route 30 to State Route 35 in Townshend. Then north on Route 35 to State Route 35/121 in Grafton. Then north on Route 35 to State Route 11 to State Route 103 in Chester. Continue north on Route 103 to State Route 131 in Proctorsville. Then easterly on Route 131 to State Route 106 in Weathersfield. Then northerly on Route 106 to U.S. Route 4 in Woodstock. Then east on U.S. Route 4 to State Route 12 and north on Route 12 to State Route 107 near Stockbridge. Then easterly on Route 107 to the point of beginning.

  Unit P — Beginning at the intersection of U.S. Route 7 and State Routes 11 and 30 in Manchester proceed east on Routes 11/30 to their junction in Winhall. Continue southeast on Route 30 to State Routes 30 and 100 in Rawsonville and then south on Routes 30/100 to East Jamaica. Continue south on Route 100 to State Route 112 in Jacksonville. Then along Route 112 to State Route 8A and south along Route 8A to the Vermont/Massachusetts Border. Then west along the Massachusetts Border to U.S. Route 7 in Pownal and then north on U.S. Route 7 to Barber Pond Road (Pownal T.H. #3) then northeast along that road which becomes South Stream Road (Bennington T.H. #3) to Beech Street in Bennington and then on South Branch Street to State Route 9. Then west on Route 9 to U.S. Route 7 and then north on U.S. Route 7 to the point of beginning.

  Unit Q — Beginning at the intersection of State Routes 100 and 30 in East Jamaica proceed southeast on Route 30 to Interstate 91, then proceed south along Interstate 91 to U.S. Route 5 at Exit 1. Then south on U.S Route 5 to Guilford Center Road (Guilford T.H. 1). Then southwest on Guilford Center Road to Guilford Center. Continue southwest along Stage Road (Guilford (T.H. 1) which becomes Jacksonville Stage Road (Halifax T.H. 2) to Grove. Then south on Amidon Road (Halifax T.H. 32) to Stark Mountain Road (Halifax T.H.39) and south on that road to the Vermont/Massachusetts Border and then west along the Massachusetts Border to State Route 8A. Then northerly along Route 8A to State Route 112 in Jacksonville and then north along Route 112 to State Route 100. Proceed north along Route 100 to the point of beginning. (Added 1974, Fish and Game Board Reg. No. 877, eff. Oct. 1, 1974; amended 1985, Fish and Wildlife Board Reg. No. 957, eff. July 5, 1985; 1986, Fish and Wildlife Board Reg. No. 912, eff. Sept. 14, 1986; 1987, Fish and Wildlife Board Reg. No. 957, eff. Jan 1, 1987; 1991, Fish and Wildlife Board Reg. No. 912, eff. Aug. 9, 1991; 1996, Fish and Wildlife Board Reg. No. 912, eff. May 5, 1996; 2013 (Adj. Sess.), Regulation of the Secretary of Natural Resources, eff. Feb. 20, 2014.)

• § 2c. Repealed. 2013, No. 78, § 3, effective July 1, 2013.

• § 2d. Repealed. 2019 Fish and Wildlife Board Reg., eff. January 1, 2020.

• § 3. Rabbit, squirrel; sale

  A person shall not buy or sell wild rabbit or gray squirrel at any time. (Added 1961, No. 119, § 2, eff. May 9, 1961.)

• § 4. Bow and arrow hunting

  Unless otherwise prohibited by federal law, any game which may be taken by shooting may be taken by use of bow and arrow, or by crossbow where authorized by Vermont Fish and Wildlife Board rules. (Added 1961, No. 119, § 2, eff. May 9, 1961; amended 1987, No. 159 (Adj. Sess.), § 3; 2015, Fish and Wildlife Board Reg. eff. Jan. 1, 2016; 2019, Fish and Wildlife Board Reg., eff. Jan. 1, 2020.)

• § 5. Bow and arrow standards

  No person shall hunt deer with bow and arrow if the arrow has an arrowhead that measures less than seven-eighths of an inch at its widest point or that has less than two sharp cutting edges. (Added 1961, No. 119, § 2, eff. May 9, 1961; amended 1963, Fish and Game Board Reg. No.—, eff. Aug. 23, 1963.)

• § 6. Repealed.

• § 7. Bear Management Rule

  1.0 Authority.

  1.1 This rule is adopted pursuant to 10 V.S.A. § 4081(a). In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and furbearing animals in this State is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance.

  1.2 In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of the black bear population.

  1.3 In accordance with 10 V.S.A. § 4084, this rule establishes season and possession limits for black bear, and prescribes the manner and means of taking black bears.

  2.0 Purpose.

  The purpose of this regulation is to establish seasons for the taking of black bear, to establish legal means or methods of taking black bears, and to establish limits on the number of black bears to be taken annually.

  3.0 Definitions:

  3.1 “Accompany” for the purposes of hunting bear with dogs means that:

  (a) A Sub-permittee engaged in the control, handling, transporting or intercepting of Department registered dogs while hunting with dogs, shall be under the express direction of the permit holder, and

  (b) A Sub-permittee who harvests a black bear shall be under the direct control and supervision of the bear dog permit holder, including the ability to see and communicate with each other without the aid of artificial devices such as radios or binoculars, except for medically necessary devices such as hearing aids or eyeglasses.

  3.2 “Bait” means as any animal, vegetable, fruit, mineral matter, honey, or any other substance capable of luring or attracting black bear or any other wildlife.

  3.3 “Baited area” means an area where any animal, vegetable, fruit, mineral matter, honey, or any other substance capable of luring or attracting black bear or any wildlife, has been placed or deposited including, but not limited to, bird feeders.

  3.4 “Bear Dog Permit” or “Permit” means a permit issued by the Commissioner to a person who wishes to hunt, pursue or take black bear with the aid of dogs.

  3.5 “Commissioner” means the Commissioner of the Vermont Fish and Wildlife Department.

  3.6 “Control of Dog/Dogs” means the transportation, loading or unloading of dogs from vehicle(s); the handling, catching, restraining or releasing dogs; and the use of telemetry/GPS to locate or track dogs.

  3.7 “Department” means the Vermont Fish and Wildlife Department.

  3.8 “Department Registered Dog” means a dog bearing a numbered identification dog-tag (Department Registration Dog-Tag) approved or issued by the Vermont Fish and Wildlife Department, with the permit holder’s bear dog permit number and a number one through six.

  3.9 “Hunting with Dogs” for the purposes of this rule means that one or more dog(s) with Department Registered Dog-Tags are on the ground whether in pursuit of a black bear or not.

  3.10 “Legal means” or “Legal method” means the taking of a black bear by muzzleloader, rifle, handgun, archery equipment, or crossbow.

  3.11 “Pack of Dogs” means one to six dogs, acting as a unit during the pursuit of black bear.

  3.12 “Sub-Permittee” means any person with a valid Vermont hunting license designated by the bear dog permit holder to assist or take a bear with the aid of dogs, in accordance with written authorization issued by the Department.

  3.13 “Relaying Dogs/Packs” means the removal and replacement of one or more dog or dogs to the trail of a bear to the original pack of dogs once the pursuit has begun. If the hunting or pursuit of a black bear commences with fewer than six dogs in the original Pack of Dogs, the addition of a dog or dogs shall not be considered relaying, provided that no more than the same six dogs are part of a single Pack of Dogs during the hunting, pursuing or taking of a black bear.

  3.14 “Bear Tag” means a document issued by the Department authorizing the taking of a black bear in the current season.

  3.15 “Unregistered Dog” means a dog that does not have a valid numbered dog license as described in 3.8.

  4.0 Seasons and Shooting Hours.

  4.1 Early and Late Season

  (a) Early Season: For Vermont Residents: September 1 through the day before the first day of the Regular Deer Season.
  For Non-Vermont Residents without the use of dogs: September 1 through the day before the first day of the Regular Deer Season.
  For Non-resident Bear Dog Permit Holders: The early black bear season shall be open to Non-Resident bear dog permit holders on September 15 and not before.

  (b) Late Season: For Vermont Residents and Nonresidents: The first day of the Regular Deer Season through the second Sunday of the Regular Deer Season.

  4.2 Shooting hours: One half hour before sunrise until one half hour after sunset.

  5.0 Tags and Bag Limit.

  5.1 To take a black bear during the Early Season, a person must, in addition to a having a valid Vermont Big Game Hunting license, possess an Early Season Bear Tag issued separately by the Department.

  5.2 To take a black bear during the Late Season, a person must have a valid Vermont Big Game Hunting license.

  5.3 A person shall not harvest more than one black bear per calendar year, not to include animals taken pursuant to 10 V.S.A. § 4827.

  6.0 The taking of bear with the aid of dogs.

  6.1 Licenses and Permits Any person hunting, pursuing, harvesting, or in any manner involved in the taking of a black bear with the use of dogs must hold a valid Vermont Big Game Hunting License, use only Department Registered Dogs and have purchased a valid bear tag. In addition, the person hunting, pursuing, harvesting, or in any manner involved in the taking of a black bear with the use of dogs must hold a valid bear dog permit or accompany a bear dog permit holder. The permit shall be carried at all times by the permittee while hunting with dogs or taking black bear and exhibited to a game warden, landowner, or law enforcement officer upon demand.

  6.2 Legal Methods.

  (a) A person shall not take a black bear into his/her actual possession except by killing the bear by legal means or methods.

  (b) A person taking black bear with the use of a bow and arrow or crossbow shall, upon demand of a game warden or other law enforcement personnel, show proof of having a prior archery license, or of having passed a bow hunter education course in Vermont, another state or a province of Canada approved by the Commissioner.

  6.3 Dogs and Packs.

  (a) A person shall not take black bear with the aid of dogs unless the person is in control of the dog or dogs.

  (b) No person shall take a black bear with the aid of any Unregistered Dog. No person shall have an Unregistered Dog in his or her possession while hunting, pursuing or taking a black bear.

  (c) A person hunting with dogs, pursuing, and taking black bear with the aid of dogs shall attach a Department Registration Dog-Tag and a metal identification name plate with the person’s name, address and telephone number to the dog’s collar.

  (d) A person taking a black bear with the aid of dogs shall only take a black bear with a Pack of Dogs as defined in this rule. No person shall pursue, hunt, or take black bear by Relaying Dogs/Packs.

  (e) Two or more permit holders may hunt together and combine Department Registered dog(s) to form a Pack of Dogs. The combined bear dog permit holders shall not take black bear with the aid of more than six dogs combined forming a single pack of dogs. Once hunting with dogs commences, dogs not on the hunt shall be restrained in the dog box or inside the vehicle. The combined bear dog permit holders shall not possess any Unregistered Dogs while hunting, pursuing or taking black bear.

  7.0 Prohibitions.

  7.1 No person shall place bait to attract black bear for the purposes of allowing a bear dog to catch/strike the scent of a black bear. No person take bear by using bait or a baited area.

  7.2 A person shall not advertise, barter, exchange goods or services, or otherwise sell the use of a dog or dogs for the purpose of taking any black bear.

  7.3 While hunting with dogs, no person shall have in their possession an Unregistered Dog while possessing Department Registered dogs.

  7.4 It shall be a violation for a Vermont resident to apply for a bear dog permit for the purpose of allowing a nonresident bear dog owner to hunt bear in Vermont with the aid of dogs.

  7.5 No person shall hunt black bear with a bow and arrow or crossbow if the arrow or bolt has an arrowhead that measures less than seven-eighths of an inch at its widest point or that has less than two sharp cutting edges.

  8.0 Reporting.

  8.1 The black bear carcass shall be field dressed prior to reporting.

  8.2 Upon request of a Game Warden, the person harvesting the bear and the permit holder shall show and return to the kill site with a Game Warden.

  8.3 All bear harvests shall be reported to a game warden, official Fish and Wildlife Department Reporting Station, or a person designated by the Commissioner within 48 hours. The person who harvested the bear and the bear dog permit holder must both be present to legally report the harvest. If the bear dog permit holder harvested the bear, only he or she must be present when reporting the harvest.

  8.4 It shall be unlawful to provide false information when reporting a black bear taken with the aid of dogs.

  8.5 The fine, points and any other penalty for any violation of this subsection 8 shall be assessed to the violator and in addition, to the permit holder if the violator is not the permit holder.

  9.0 Biological Collection.

  9.1 Any person who harvests a bear shall collect a premolar tooth and submit the tooth to a game warden, official Fish and Wildlife Department Reporting Station, or to a person designated by the Commissioner to receive the biological collection, within (30) thirty days of taking the bear.

  9.2 Unless otherwise specified by statute, the failure to collect and submit a bear tooth shall not result in license suspension points and shall be considered a minor violation subject to a civil fine. (Added 1972, Fish and Game Board Reg. No. 845, eff. ; amended 1982, Fish and Game Board Reg. No. 935, § 1, eff. Sept. 1, 1982; 2007, Fish and Game Board Reg. No. 935, § 1, eff. June 1, 2007; 2012, Fish and Wildlife Board Reg. eff. Jan. 1, 2013; 2017, Fish and Wildlife Board Reg. eff. Jan. 1, 2017; 2017, Fish and Wildlife Board Reg. eff. Jan. 1, 2018; 2019, Fish and Wildlife Board Reg., eff. Jan. 1, 2020.)

• § 8. Repealed.

• § 9. Wildlife rehabilitation

  1.0 Purpose (10 V.S.A. § 5215).

  The proper care of distressed wildlife requires special knowledge and facilities not possessed by the general public. The purpose of this Regulation is to establish a licensed group of individuals collectively called wildlife rehabilitators to provide for the care of injured, debilitated, and in certain cases, orphaned wildlife so that such wildlife may be returned to the wild. Licensed pursuant to Vermont Fish and Wildlife Law, 10 V.S.A. § 5215(b), the wildlife rehabilitator is authorized to possess sick or injured wildlife and provide necessary aid. It is, therefore, possible to achieve more humane care and an earlier return to the wild.

  Nothing in this Regulation authorizes or is intended to authorize a licensed wildlife rehabilitator to practice veterinary medicine in violation of Vermont State Law, Title 26. However, a licensed veterinarian may apply to become a rehabilitator. A rehabilitator rendering gratuitous services in case of emergency should not attempt diagnosis or treatment beyond his or her level of skill and training. No member of the Fish and Wildlife Department shall become a rehabilitator.

  2.0 Definitions.

  For purposes of this Part:

  2.1. “Commissioner” means the Commissioner of the Department of Fish and Wildlife.

  2.2. “Department” means the Department of Fish and Wildlife.

  2.3. “Permit” means the license to possess wildlife for a limited time issued pursuant to Fish and Wildlife Law, 10 V.S.A. § 5215(b).

  2.4. “Wild animals” means all animals including birds, other than domestic animals, whether or not native to Vermont, including the family canidae, any hybrid with domestic dogs.

  2.5. “Wildlife rehabilitation” means the practice of providing care for injured or debilitated wild animals including their housing, feeding, emergency treatment and release to the wild.

  2.6. “Big game” is defined as deer, bear, moose, wild turkey, caribou, elk.

  2.7. “Orphaned wildlife” is defined as the young of the year whose survival in the wild is not possible without the presence of the mother.

  3.0 Qualifications for appointment.

  (a) A wildlife rehabilitator must:

  (1) be over the age of 18 years, a resident of Vermont of good character and reputation in the community as judged by two character references written by persons not related to the applicant or to each other;

  (2) not have been convicted of or pleaded guilty to a violation of Vermont Fish and Wildlife Law within the previous three years, nor have been convicted of any misdemeanor or felony within the previous three years;

  (3) be interviewed by a State Game Warden employed by the Department to assess the applicant’s proficiency in wildlife rehabilitation;

  (4) include in the application:

  (A) Name, address, telephone number and date of birth;

  (B) Location of facilities;

  (C) Related background experience;

  (D) Experience and training;

  (E) Species of interest (i.e.: mammals/raptors/passerines/amphibians/reptiles/all);

  (F) Name and address of veterinarian who has agreed to assist or advise the applicant;

  (G) Proof of adequate liability insurance to cover all handlers of wildlife.

  4.0 Appointment.

  (a) Application for appointment as wildlife rehabilitator must be submitted to the Chief Game Warden or his designee. The Chief Game Warden shall investigate and forward his recommendation along with the application to the Commissioner.

  (b) Appointment as a wildlife rehabilitator will be made by the Commissioner after a determination that eligibility requirements for appointment have been met.

  (c) Appointment will continue until:

  (1) terminated by the Commissioner or his designee for just cause pursuant to section 6.

  (2) resignation, incapacity or death of the wildlife rehabilitator.

  5.0 Duties.

  (a) The wildlife rehabilitator must:

  (1) practice wildlife rehabilitation in a humane and professional manner;

  (2) consult licensed veterinarians as necessary to ensure that proper care is administered to injured or debilitated wildlife;

  (3) not require payment for the care, treatment or maintenance of wildlife;

  (4) comply with applicable provisions of Fish and Wildlife Law and rules and regulations adopted pursuant thereto and with the Department’s instructions concerning methods of wildlife rehabilitation, reporting requirements and any conditions contained in their license;

  (5) display in a prominent place the license provided by the Department;

  (6) submit to the Department in a timely manner all required records and reports properly executed;

  (7) notify the Department at least 90 days in advance of moving his/her place of operation to a new location;

  (8) allow authorized Department employees to inspect his/her wildlife rehabilitation operations and records at any reasonable time;

  (9) participate in all training programs as may be required by the Department.

  (b) Additionally, the wildlife rehabilitator may distribute, if appropriate, to persons who submit wildlife to them any material supplied by the Department relating to wildlife rehabilitation.

  6.0 Termination of Appointment.

  (a) Appointment as wildlife rehabilitator shall be terminated by the Commissioner after a hearing at any time, for any of the following reasons;

  (1) the wildlife rehabilitator has ceased to meet the appropriate eligibility requirements for appointment as set forth in this Regulation;

  (2) the wildlife rehabilitator has failed to perform duties as provided in this Regulation;

  (3) conviction of any Fish and Wildlife Law in this state;

  (4) conviction of any law relating to cruelty to animals.

  (b) In cases where an appointment is terminated, the Department must hold a hearing upon written request of the wildlife rehabilitator within 20 days of written receipt of the written request. The Commissioner may: uphold the termination, or impose a period of probational approval of continued appointment.

  7.0 Limitations.

  (a) The wildlife rehabilitator permit is not an authorization for the handling of raptors or other wildlife requiring Federal permits, see section 7(e), nor is the permit a blanket authorization for the rearing of orphaned wildlife. Orphaned wildlife, except for threatened or endangered species, shall be immediately returned to the wild as soon as they can survive on their own.

  (b) Big Game Animals. Rehabilitators will not attempt to rehabilitate any big game animal except as delineated below. (Big game animals are as defined by 10 V.S.A. § 4001.) Should the rehabilitator receive notification of an injured big game animal or receive an injured big game animal from any member of the public, the rehabilitator shall forthwith notify the nearest available State Game Warden. The State Game Warden shall handle the big game animal by either returning it to the wild, dispatching it in a humane manner, or, if the animal is a young of the year, he may allow the rehabilitator to possess the animal until it is well enough to be returned to the wild. If the officer feels the animal could survive if handled in this manner, the officer shall notify Fish and Wildlife Headquarters of the location and name of the licensed rehabilitator. The determination of whether a big game animal should be dispatched, because of its physical condition, is solely the responsibility of the officer or officers involved, as indicated by 10 V.S.A. § 4749 relating to deer.

  (c) The sale, trade, barter or giving away of any live or dead animal, or parts thereof, is prohibited.

  (d) No human contact, other than the licensee, their assistants, and a licensed veterinarian is permitted, nor will any wildlife be viewed by the general public. This section does not preclude Fish and Wildlife Department Wardens or biologists from inspecting the captive animals in the performance of their duties.

  (e) All rehabilitators wishing to handle raptors and threatened or endangered species must have the proper Federal and/or State permits in their possession prior to handling same.

  (f) Records—submission. The wildlife rehabilitator shall submit such reports as required by the Commissioner. Such reports shall be filed with the Division of Law Enforcement in Waterbury, Vermont on a monthly basis indicating type of animal, reason for acceptance, name and address of individual submitting the animal and nature of injuries or illness.

  8.0 Housing and Feeding of Wildlife.

  Wild animals acquired and handled pursuant to this regulation shall be housed, fed and cared for as recommended by the biologists of the Fish and Wildlife Department and the rehabilitators’ consulting veterinarian. (Added 1989, Fish and Wildlife Board Reg. No. 977, eff. Feb. 1, 1989.)

• § 10. Vermont endangered and threatened species rule

  1.0 Authority

  This rule is adopted pursuant to 10 V.S.A. Chapter 123 which provides that the Secretary “shall adopt by rule a State endangered species list and a State threatened species list,” and may “adopt rules for the protection, conservation, or recovery of endangered and threatened species.”

  2.0 Purpose

  The purpose of this rule is to identify and list species of wild plants and animals and designate critical habitats that have been determined by the Secretary to require protection under Vermont law. The rule also sets out a process for the issuance of permits for the taking and possession of endangered and threatened species and the destruction or adverse impact to designated critical habitat.

  3.0 Definitions

  3.1 “Accepted silvicultural practices” means the accepted silvicultural practices defined by the Commissioner of Forests, Parks and Recreation, including the Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont adopted by the Commissioner of Forests, Parks and Recreation.

  3.2 “Critical habitat” for a threatened species or endangered species means: (A) a delineated location within the geographical area occupied by the species that: (i) has the physical or biological features that are identifiable, concentrated, and decisive to the survival of a population of the species; and (ii) is necessary for the conservation or recovery of the species; and (iii) may require special management considerations or protection; or (B) a delineated location outside the geographical area occupied by a species at the time it is listed under 10 V.S.A. § 5402, Vermont Endangered and Threatened Species Rule that: (i)(I) was historically occupied by a species; or (II) contains habitat that is hydrologically connected or directly adjacent to occupied habitat; and (ii) contains habitat that is identifiable, concentrated, and decisive to the continued survival of a population of the species; and (iii) is necessary for the conservation or recovery of the species.

  3.3 “Destroy or adversely impact” means, with respect to critical habitat, a direct or indirect activity that negatively affects the value of critical habitat for the survival, conservation, or recovery of a listed threatened or endangered species.

  3.4 “Endangered Species” means a species that has been listed as endangered by the Secretary because the species normally occurs in the State and its continued existence as a sustainable component of the State’s wildlife or wild plants is in jeopardy, or it is listed as an “endangered species” under the federal Endangered Species Act.

  3.5 “Farming” shall have the same meaning as used in 10 V.S.A. § 6001(22) of this title.

  3.6 “Forestry operations” means activities related to the management of forests, including a timber harvest; pruning; planting; reforestation; pest, disease, and invasive species control; wildlife habitat management; and fertilization. “Forestry operations” include the primary processing of forest products of commercial value on a parcel where the timber harvest occurs.

  3.7 “Habitat” means the physical and biological environment in which a particular species of plant or animal lives.

  3.8 “Harming,” as used in the definition of “take” or “taking” in this rule means: an act that kills or injures a threatened or endangered species; or the destruction or imperilment of habitat that kills or injures a threatened or endangered species by significantly impairing continued survival or essential behavioral patterns, including reproduction, feeding, or sheltering.

  3.9 “Plant” means any member of the plant kingdom, including seeds, roots, and other parts thereof. As used in this rule, plants shall include fungi.

  3.10 “Possession” means holding, controlling, exporting, importing, processing, selling, offering to sell, delivering, carrying, transporting, or shipping by any means a member of a species.

  3.11 “Secretary” means the Secretary of the Agency of Natural Resources except where otherwise specified.

  3.12 “Take and taking”

  (a) With respect to wildlife designated a threatened or endangered species, means: (1) pursuing, shooting, hunting, killing, capturing, trapping, harming, snaring, or netting wildlife; (2) an act that creates a risk of injury to wildlife, whether or not the injury occurs, including harassing, wounding, or placing, setting, drawing, or using any net or other device used to take animals; or (3) attempting to engage in or assisting another to engage in an act set forth under subdivision (1) or (2) of this subdivision.

  (b) With respect to a wild plant designated a threatened or endangered species, means uprooting, transplanting, gathering seeds or fruit, cutting, injuring, harming, or killing or any attempt to do the same or assisting another who is doing or attempting to do the same.

  3.13 “Threatened Species” means a species that has been listed as threatened by the Secretary because the species is a sustainable component of the State’s wildlife or wild plants; it is reasonable to conclude based on available information that its numbers are declining; and unless protected, it will become an endangered species or, a species determined to be a “threatened species” under the federal Endangered Species Act.

  4.0 Critical Habitat Designations

  4.1 “Critical habitat,” as defined in 10 V.S.A. § 5401(4) and 10 V.S.A. § 5402a, has been designated for the following locations:

  (a) Three (3) Common Tern Nesting Islands.

  (b) Four (4) Spiny Softshell Nesting Areas.

  (c) One (1) Bat Hibernaculum.

  5.0 Permits for Taking and Possession

  5.1 No person shall take or possess an endangered or threatened species without a permit, unless exempt as provided for in 10 V.S.A. § 5408(d) and as follows:

  (a) No enforcement shall be taken, and no permit shall be required for the taking of listed threatened or endangered plants in instances where the plants are legally acquired and exist in a cultivated state or are artificially propagated (produced and grown under controlled conditions or originated from cultivated parental stock); unless the plants are cultivated or artificially propagated as part of a recovery plan or, for mitigation purposes in accordance with a takings permit, a directive of the Secretary, or an enforcement action.

  (b) Prior to requiring a permit or initiating enforcement for the taking of any threatened or endangered bee(s), the Secretary of the Agency of Natural Resources shall:

  1. notify affected landowners and persons who are engaged in activities that may result in taking the threatened or endangered bees of the presence of threatened or endangered bees and the requirement to avoid taking the bees or to obtain a permit; and

  2. notify and consult with affected or interested state agencies including as applicable: the Agency of Commerce and Community Development (ACCD), the Agency of Transportation (AOT), the Vermont Department of Health (VDH), and the Agency of Agriculture, Food, and Markets (AAFM) whenever the presence of bees may impact farming or the application of pesticides.

  (c) Upon discovering the presence of a threatened or endangered grassland bird on or in proximity to any farm or land used for farming, the Secretary of the Agency of Natural Resources shall:

  1. consult with the Secretary of the AAFM prior to requiring a taking permit or engaging in enforcement activities; and

  2. ensure that the regulatory actions taken to protect the species do not cause undue interference with farming.

  5.2 No person shall destroy or adversely impact the designated critical habitat of an endangered or threatened species without a permit.

  5.3 Pursuant to 10 V.S.A. § 5408(a) the Secretary may, after receiving the advice of the Endangered Species Committee, grant permits for the taking and possession of an endangered or threatened species:

  (a) for scientific purposes;

  (b) to enhance the propagation or survival of species;

  (c) for zoological exhibition;

  (d) for educational purposes;

  (e) for noncommercial cultural or ceremonial purposes; or

  (f) for a special purpose consistent with the purpose of the Federal Endangered Species Act (see16 U.S.C. § 1531(b)).

  5.4 Pursuant to 10 V.S.A. § 5408(b), the Secretary may allow the incidental take of a threatened or endangered species or the destruction or adverse impact to critical habitat only if:

  (a) the taking is necessary to conduct an otherwise lawful activity;

  (b) the taking or the destruction and impact to the critical habitat, is attendant or secondary to, and not the purpose of, the lawful activity;

  (c) the impact of the permitted incidental take or impact to critical habitat is minimized; and

  (d) the incidental taking or the impact to critical habitat will not impair the conservation or recovery of any endangered species or threatened species.

  5.5 An applicant for a Taking and Possession permit shall submit an administratively complete application to the Secretary, specifying for which purpose(s) the permit is required, as listed in 10 V.S.A. § 5408(a) and (b). The permit application shall include:

  (a) a description of the activities that could lead to a taking of a listed threatened or endangered species or the destruction of or adverse impact on critical habitat;

  (b) the steps that the applicant has or will take to avoid, minimize, and mitigate the impact to the relevant threatened or endangered species or critical habitat;

  (c) a plan for ensuring that funding is available to conduct any required monitoring and mitigation, if applicable;

  (d) a summary of the alternative actions to the taking or destruction of critical habitat that the applicant considered and the reasons that these alternatives were not selected, if applicable;

  (e) the name or names and obligations and responsibilities of the person or persons that will be involved in the proposed taking or destruction of critical habitat;

  (f) a description of the possible impacts due to the proposed action, and as applicable a plan for conservation or mitigation;

  (g) permit fees and mitigation funding, if applicable; and

  (h) any additional information that the Secretary may require.

  5.6 Avoidance and Minimization

  (a) Applicants for Taking and Possession permits shall have the burden to show that reasonable steps have been taken to avoid and minimize takings. The Applicant must provide information that demonstrates:

  (1) The proposed activity cannot practicably be designed to avoid taking or the destruction or adverse impact to critical habitat, and still satisfy the basic project purpose; and

  (2) If avoidance of taking of a listed species or the destruction or adverse impact to critical habitat, cannot practicably be achieved, the proposed activity has been planned to minimize adverse impacts on the listed species.

  (b) The Secretary may require an applicant to submit additional information that the Secretary considers necessary to make a decision on the issuance or denial of a permit. The Secretary may dismiss the application without prejudice if the requested information is not provided to the Secretary within sixty (60) days of the Secretary's request.

  (c) In determining whether the burden has been met, the Secretary shall evaluate the potential effect of any proposed activity on the basis of both its direct and immediate effects, as well as on the basis of any cumulative or on-going effects on the listed species.

  (d) The Secretary may develop, and require the implementation of, best management practices (BMPs) to avoid and minimize the taking of threatened and endangered species. The Secretary shall consult with the AAFM, the AOT, VDH, and any other interested state agency prior to finalizing the BMPs.

  5.7 Mitigation

  The Secretary may require the implementation of mitigation strategies and may collect mitigation funds, in addition to the permit fees, in order to mitigate the impacts of a taking or the destruction of or adverse impact on critical habitat. Provided that the mitigation is commensurate with the taking or adverse impact proposed, mitigation may include:

  (a) a requirement to rectify the taking or adverse impact or to reduce the adverse impact over time;

  (b) a requirement to manage or restore land within the area of the proposed activity or in an area outside the proposed area as habitat for the threatened or endangered species, including treatment of conserved areas for the purposes of restoration or propagation of listed species;

  (c) compensation, including payment into the Threatened and Endangered Species Fund for the uses of that Fund; or

  (d) permanent conservation of habitat in which the same species exists, and ongoing monitoring of conserved areas.

  5.8 Hearings

  (a) The Secretary may conduct a non-adversarial, public hearing in order to evaluate the application. Such a hearing will be held within 60 (sixty) days of the receipt of the administratively complete application.

  (b) When a petition has been denied and no public hearing has been held, the Applicant may request in writing to the Secretary that a hearing be held regarding the proposed activity. The Secretary will conduct a hearing within 30 (thirty) days of receipt of the request.

  5.9 The Secretary may require, as part of an issued permit, conditions for the protection and conservation of endangered species.

  5.10 The Secretary shall inform an applicant of a decision to approve or deny a permit no more than 60 (sixty) days following an application being deemed administratively complete unless the Secretary determines there is just cause.

  5.11 The Secretary maintains continuing jurisdiction over activity permitted under this rule and may, at any time, order the permittee to undertake remedial measures to ensure the protection and conservation of listed species.

  6.0 Listing

  6.1 The following list of plants and animals is adopted as the Vermont Endangered and Threatened Species List pursuant to 10 V.S.A., chapter 123.

  Group	Family	English Name	Scientific Name	Author	Date Listed	Sta- tus	Previously Listed As	Notes
  6.2 Plants	Apiaceae- Carrot Family	Long-styled Snakeroot	Sanicula canadensis var. grandis	Fern.	04-13-1987	T
  6.2 Plants	Apiaceae- Carrot Family	Yellow Pimpernel	Taenidia integerrima	(L.) Drude	04-13-1987	T
  6.2 Plants	Apocyna- ceae-Dog- bane Family	Blunt-leaved Milkweed	Asclepias amplexicaulis	Sm.	04-13-1987	T
  6.2 Plants	Apocyna- ceae-Dog- bane Family	Butterfly-weed	Asclepias tuberosa ssp. tuberosa	L.	04-13-1987	T	Asclepias tuberosa L.
  6.2 Plants	Apocyna- ceae-Dog- bane Family	Whorled Milkweed	Asclepias verticillata	L.	03-28-2015	E
  6.2 Plants	Araceae- Arum Family	Green Dragon	Arisaema dracontium	(L.) Schott	04-13-1987	T
  6.2 Plants	Aspleniaceae- Spleenwort Family	Mountain Spleenwort	Asplenium montanum	Willd.	04-13-1987	T
  6.2 Plants	Aspleniaceae- Spleenwort Family	Green Spleenwort	Asplenium viride	Huds.	04-13-1987	T	Asplenium trichomanes- ramosum L.
  6.2 Plants	Astera- ceae-Aster Family	Sessile-leaved Boneset	Eupatorium sessilifolium	L.	11-09-1991	E
  6.2 Plants	Astera- ceae-Aster Family	Harsh Sunflower	Helianthus strumosus	L.	04-13-1987	T
  6.2 Plants	Astera- ceae-Aster Family	Hairy Lettuce	Lactuca hirsuta	Muhl. ex Nutt.	12-07-1994	T
  6.2 Plants	Astera- ceae-Aster Family	Boott’s Rattlesnake- root	Nabalus boottii	D.C.	04-13-1987	E	Prenan- thes boottii (DC.) A. Gray
  6.2 Plants	Astera- ceae-Aster Family	Woodland Cudweed	Omalotheca sylvatica	(L.) Schultz- Bip. & F.W. Schultz	11-09-1991	E
  6.2 Plants	Astera- ceae-Aster Family	Sweet Coltsfoot	Petasites frigidus var. palmatus	(Ait.) Cronq.	04-13-1987	T
  6.2 Plants	Astera- ceae-Aster Family	White- flowered Leafcup	Polymnia canadensis	L.	12-07-1994	E		Listed as Threatened on 04-13-1987.
  6.2 Plants	Astera- ceae-Aster Family	Sweet Goldenrod	Solidago odora ssp. odora	Ait.	04-13-1987	T	Solidago odora Ait.
  6.2 Plants	Astera- ceae-Aster Family	Elm-leaved Goldenrod	Solidago ulmifolia	Muhl. ex Willd.	11-09-1991	E		Listed as Threatened on 04-13-1987.
  6.2 Plants	Betula- ceae- Birch Family	Dwarf Birch	Betula minor	(Tuckerman) Fern.	03-28-2015	E
  6.2 Plants	Blechna- ceae- Chain- fern Family	Virginia Chain-fern	Woodwardia virginica	(L.) Sm.	04-13-1987	T
  6.2 Plants	Boragina- ceae- Borage Family	Northern Wild Comfrey	Cynoglossum virginianum var. boreale	(Fern.) Cooperrider	04-13-1987	T
  6.2 Plants	Boragina- ceae- Borage Family	Nodding Stickseed	Hackelia deflexa ssp. americana	(Gray) A. & D. Löve	04-13-1987	T	Hackelia deflexa var. americana (Gray) Fern. & I.M. Johnston
  6.2 Plants	Brassica- ceae- Mustard Family	Lyre-leaved Rock-cress	Arabidopsis lyrata	(L.) O’Kane & Al-Shehbaz	04-13-1987	T	Arabis lyrata L.
  6.2 Plants	Brassicaceae- Mustard Family	Drummond’s Rock-cress	Boechera stricta	(Graham) Al- Shehbaz	11-09-1991	E	Arabis drum- mondii A. Gray
  6.2 Plants	Brassicaceae- Mustard Family	Northern Rock-cress	Braya humilis ssp. humilis	(C.A. Mey.) B.L. Robins.	04-13-1987	T	Braya humilis (C.A. Mey) B.L. Rob.
  6.2 Plants	Brassicaceae- Mustard Family	Hoary Draba	Draba cana	Rydb.	04-13-1987	T	Draba breweri var. cana (Rydb.) Rollins
  6.2 Plants	Brassicaceae- Mustard Family	Smooth Draba	Draba glabella	Pursh	04-13-1987	T
  6.2 Plants	Brassicaceae- Mustard Family	Lake-cress	Rorippa aquatica	(Eat.) Palmer & Steyermark	04-13-1987	T	Neobeckia aquatica (Eaton) Greene
  6.2 Plants	Bryaceae- Bryum Moss Family	A Moss	Plagiobryum zieri	(Hedw.) Lindb.	06-23-1989	E
  6.2 Plants	Caprifoliaceae- Honeysuckle Family	Squash- berry	Viburnum edule	(Michx.) Raf.	04-13-1987	T
  6.2 Plants	Caryophylla- ceae-Pink Family	Marcescent Sandwort	Minuartia marcescens	(Fern.) House	04-13-1987	T
  6.2 Plants	Caryophylla- ceae-Pink Family	Marble Sandwort	Minuartia rubella	(Wahlenb.) Hiern	04-13-1987	T
  6.2 Plants	Cistaceae- Rock-rose Family	Plains Frostweed	Crocan- the-mum bicknellii	(Fernald) Janchen	04-13-1987	T	Helianthe- mum bick- nellii Fern.
  6.2 Plants	Cistaceae- Rock-rose Family	Beach Heather	Hudsonia tomentosa	Nutt.	04-13-1987	E
  6.2 Plants	Cistaceae- Rock-rose Family	Hairy Pinweed	Lechea mucronata	Raf.	11-09-1991	E
  6.2 Plants	Clusiaceae- St. John’s- wort Family	Great St. John’s-wort	Hypericum ascyron	L.	04-13-1987	T
  6.2 Plants	Convolvula- ceae-Morn- ing-glory Family	Low Bindweed	Calystegia spithamaea ssp. spitha- maea	(L.) Pursh	04-13-1987	T	Calystegia spithamaea (L.) Pursh
  6.2 Plants	Cornaceae- Dogwood Family	Flowering Dogwood	Cornus florida	L.	04-13-1987	T
  6.2 Plants	Crassulaceae- Stonecrop Family	Roseroot	Rhodiola rosea	L.	04-13-1987	T	Sedum rosea L. Scop.
  6.2 Plants	Cupressaceae- Cypress Family	Creeping Juniper	Juniperus horizontalis	Moench	04-13-1987	T
  6.2 Plants	Cyperaceae- Sedge Family	Contracted Sedge	Carex arcta	Boott	11-09-1991	E
  6.2 Plants	Cyperaceae- Sedge Family	Blackish Sedge	Carex atratiformis	Britt.	04-13-1987	T
  6.2 Plants	Cyperaceae- Sedge Family	Buxb- aum’s Sedge	Carex buxbaumii	Wahlenb.	04-13-1987	E
  6.2 Plants	Cyperaceae- Sedge Family	Capillary Sedge	Carex capillaris ssp. capillaris	L.	04-13-1987	T	Carex capillaris L.
  6.2 Plants	Cyperaceae- Sedge Family	Creeping Sedge	Carex chordorrhiza	Ehrh. ex L. f	11-09-1991	E
  6.2 Plants	Cyperaceae- Sedge Family	Bronze Sedge	Carex foenea	Willd.	11-09-1991	E
  6.2 Plants	Cyperaceae- Sedge Family	Garber’s Sedge	Carex garberi	Fern.	04-13-1987	T
  6.2 Plants	Cyperaceae- Sedge Family	Houghton’s Sedge	Carex houghtoniana	Torr. ex Dewey	02-10-2022	E
  6.2 Plants	Cyperaceae- Sedge Family	Pale Sedge	Carex livida	(Wahlenb.) Willd.	04-13-1987	T
  6.2 Plants	Cyperaceae- Sedge Family	Nerveless Muehlen- berg Sedge	Carex muehlen- bergii var. enervis	Boott	04-13-1987	T	Carex muehlen- bergii Schkuhr ex Willd.
  6.2 Plants	Cyperaceae- Sedge Family	Muehlen- berg’s Sedge	Carex muehlen- bergii var. muehlen- bergii	Schkuhr ex Willd.	04-13-1987	T	Carex muehlen- bergii Schkuhr ex Willd.
  6.2 Plants	Cyperaceae- Sedge Family	Few-fruited Sedge	Carex oligocarpa	Schkuhr ex Willd.	11-09-1991	E
  6.2 Plants	Cyperaceae- Sedge Family	Richard- son’s Sedge	Carex richardsonii	R. Br.	04-13-1987	E
  6.2 Plants	Cyperaceae- Sedge Family	Hay Sedge	Carex siccata	Dewey	11-09-1991	E
  6.2 Plants	Cyperaceae- Sedge Family	Sheathed Sedge	Carex vaginata	Tausch	11-09-1991	E
  6.2 Plants	Cyperaceae- Sedge Family	Low Flatsedge	Cyperus diandrus	Torr.	06-23-1989	E
  6.2 Plants	Cyperaceae- Sedge Family	Houghton’s Flatsedge	Cyperus houghtonii	Torr.	04-13-1987	T
  6.2 Plants	Cyperaceae- Sedge Family	Few-flower- ed Spike- rush	Eleoch- aris quinqueflora	(F.X. Hartmann) Schwarz	04-13-1987	T	Eleoch- aris pauciflora (Lightf.) Link
  6.2 Plants	Cyperaceae- Sedge Family	Autumn Fimbristylis	Fimbristylis autumnalis	(L.) Roemer & J.A. Schultes	11-09-1991	E
  6.2 Plants	Cyperaceae- Sedge Family	Capillary Beak-rush	Rhyncho- spora capillacea	Torr.	04-13-1987	T
  6.2 Plants	Cyperaceae- Sedge Family	Barbed- bristle Bulrush	Scirpus ancistro- chaetus	Schuyler	11-09-1991	E		Listed as Threatened on 04-13-1987.
  6.2 Plants	Cyperaceae- Sedge Family	Bashful Bulrush	Trichopho- rum plani- folium	(Spreng.) Palla	11-09-1991	E	Scirpus verecun- dus Fern.	Listed as Threatened on 04-13-1987.
  6.2 Plants	Diapensia- ceae-Dia- pensia Family	Diapensia	Diapensia lapponica ssp. lapponica	L.	04-13-1987	E	Diapensia lapponica L.
  6.2 Plants	Dryopterida- ceae-Wood- fern Family	Male Fern	Dryopteris filix-mas ssp. brittonii	Fraser- Jenkins & Widen	04-13-1987	T	Dryopteris filix-mas (L.) Schott
  6.2 Plants	Dryopterida- ceae-Wood- fern Family	Alpine Woodsia	Woodsia alpina	(Bolton) S.F. Gray	04-13-1987	E
  6.2 Plants	Equisetaceae- Horsetail Family	Marsh Horsetail	Equisetum palustre	L.	04-13-1987	T
  6.2 Plants	Ericaceae- Heath Family	Pinedrops	Pterospora andromedea	Nutt.	11-09-1991	E
  6.2 Plants	Ericaceae- Heath Family	Bog Win- tergreen	Pyrola asarifolia ssp. asarifolia	Michx.	11-09-1991	T	Pyrola asarifolia Michx.
  6.2 Plants	Ericaceae- Heath Family	Lesser Pyrola	Pyrola minor	L.	04-13-1987	E
  6.2 Plants	Ericaceae- Heath Family	Great Laurel	Rhododendron maximum	L.	04-13-1987	T
  6.2 Plants	Ericaceae- Heath Family	Deerberry	Vaccinium stamineum	L.	12-07-1994	E
  6.2 Plants	Fabaceae- Pea Family	Canada Milk-vetch	Astragalus canadensis var. canadensis	L.	04-13-1987	T	Astragalus canaden- sis L.
  6.2 Plants	Fabaceae- Pea Family	Jesup’s Milk-vetch	Astragalus robbinsii var. jesupii	Egglest. & Sheldon	04-13-1987	E
  6.2 Plants	Fabaceae- Pea Family	Rattlebox	Crotalaria sagittalis	L.	04-13-1987	T
  6.2 Plants	Fabaceae- Pea Family	Large- bracted Tick-trefoil	Desmodium cuspidatum	(Muhl. ex Willd.) DC. ex Loud.	11-09-1991	E
  6.2 Plants	Fabaceae- Pea Family	Prostrate Tick-trefoil	Desmodium rotundifolium	DC.	04-13-1987	T
  6.2 Plants	Fabaceae- Pea Family	Beach Pea	Lathyrus japonicus var. mari- timus	(L.) Kartesz & Gandhi	04-13-1987	T	Lathyrus maritimus (L.) Bigelow
  6.2 Plants	Fabaceae- Pea Family	Marsh Vetchling	Lathyrus palustris	L.	04-13-1987	T
  6.2 Plants	Fabaceae- Pea Family	Violet Bush-clover	Lespedeza frutescens	(L.) Hornem.	04-13-1987	T	Lespedeza violacea auct. non (L.) Pers	Lespedeza violacea (L.) Pers. is now what was formerly known as L. intermedia (S. Watts) Britton and is not listed.
  6.2 Plants	Fabaceae- Pea Family	Hairy Bush- clover	Lespedeza hirta ssp. hirta	(L.) Hornem.	11-09-1991	T	Lespedeza hirta (L.) Hornem.
  6.2 Plants	Fabaceae- Pea Family	Wild Lupine	Lupinus perennis ssp. perennis	L.	03-18-1999	E	Lupinus perennis L.	Listed as Threatened on 04-13-1987.
  6.2 Plants	Fabaceae- Pea Family	Wild Senna	Senna hebecarpa	(Fern.) Irwin & Barneby	04-13-1987	T
  6.2 Plants	Fagaceae- Beech Family	Scrub Oak	Quercus ilicifolia	Wangenh.	11-09-1991	E
  6.2 Plants	Fagaceae- Beech Family	Dwarf Chinqua- pin Oak	Quercus prinoides	Willd.	04-23-2005	E
  6.2 Plants	Gentianaceae- Gentian Family	Fringe-top Closed Gentian	Gentiana andrewsii	Griseb.	04-13-1987	T
  6.2 Plants	Gentiana- ceae- Gentian Family	Felwort	Gentianella amarella ssp. acuta	(Michx.) J. Gillett	04-13-1987	T	Gentianella amarella (L.) Boerner
  6.2 Plants	Gentiana- ceae- Gentian Family	Stiff Gentian	Gentianella quinquefolia	(L.) Small	04-13-1987	T
  6.2 Plants	Hydrophyll- aceae-Water- leaf Family	Broad-leaved Waterleaf	Hydrophy- llum cana- dense	L.	04-13-1987	T
  6.2 Plants	Isoetaceae- Quillwort Family	Engelmann’s Quillwort	Isoetes engelmannii	A. Braun	04-13-1987	T
  6.2 Plants	Isoetaceae- Quillwort Family	Green Mountain Quillwort	Isoetes viridimon- tana	M. Rosen- thal & W.C. Taylor	03-28-2015	E
  6.2 Plants	Juncaceae- Rush Family	Greene’s Rush	Juncus greenei	Oakes & Tuckerman	11-09-1991	E
  6.2 Plants	Juncaceae- Rush Family	Soldier Rush	Juncus militaris	Bigelow	11-09-1991	E
  6.2 Plants	Juncaceae- Rush Family	Secund Rush	Juncus secundus	Beauv. ex Poir.	11-09-1991	E
  6.2 Plants	Juncagina- ceae-Arrow- grass Family	Common Arrow- grass	Triglochin maritima	L.	02-16-2011	E
  6.2 Plants	Lamiaceae- Mint Family	Yellow Giant Hyssop	Agast- ache nepetoides	(L.) Kuntze	04-13-1987	T
  6.2 Plants	Lamiaceae- Mint Family	Purple Giant Hyssop	Agast- ache scrophulariifolia	(Willd.) Kuntze	04-13-1987	T
  6.2 Plants	Lamiaceae- Mint Family	Smooth Wood-mint	Blephilia hirsuta var. glabrata	Fern.	04-13-1987	T	Blephilia hirsuta (Pursh.) Benth.
  6.2 Plants	Lamiaceae- Mint Family	Hairy Wood-mint	Blephilia hirsuta var. hirsuta	(Pursh) Benth.	04-13-1987	T	Blephilia hirsuta (Pursh.) Benth.
  6.2 Plants	Lamiaceae- Mint Family	American Dragon- head	Dracoceph- alum parvi- florum	Nutt.	04-13-1987	T
  6.2 Plants	Lamiaceae- Mint Family	Obedient Plant	Physostegia virginiana ssp. virgin- iana	(L.) Benth.	04-13-1987	T	Physostegia virginiana (L.) Benth.
  6.2 Plants	Lamiaceae- Mint Family	Hoary Mountain- mint	Pycnan- themum incanum var. incanum	(L.) Michx.	11-09-1991	E	Pycnan- themum incanum (L.) Michx.
  6.2 Plants	Lentibular- iaceae- Bladder- wort Family	North- eastern Bladder- wort	Utricularia resupinata	B.D. Greene ex Bigelow	04-13-1987	T
  6.2 Plants	Liliaceae- Lily Family	Wild Garlic	Allium cana- dense var. cana- dense	L.	04-13-1987	T	Allium cana- dense L.
  6.2 Plants	Liliaceae- Lily Family	White Camas	Anticlea elegans ssp. glauca	(Nutt.) A. Haines	11-15-2012	E	Anticlea glauca (Nutt.) Kunth
  6.2 Plants	Lygodia- ceae- Climbing Fern Family	Climbing Fern	Lygodium palmatum	(Bernh.) Sw.	04-13-1987	E
  6.2 Plants	Magnolia- ceae- Magnolia Family	Tulip Tree	Lirioden- dron tulip- ifera	L.	03-28-2015	E
  6.2 Plants	Melastoma- taceae- Mela- stome Family	Virginia Meadow- beauty	Rhexia virginica	L.	04-13-1987	T
  6.2 Plants	Moraceae- Mulberry Family	Red Mulberry	Moras rubra	L.	04-13-1987	T
  6.2 Plants	Nymphaea- ceae-Water- lily Family	Dwarf Water-lily	Nymph- aea leibergii	Morong	04-23-2005	E
  6.2 Plants	Onagraceae- Evening- primrose Family	Many- fruited False- loosestrife	Ludwigia polycarpa	Short & Peter	04-13-1987	E
  6.2 Plants	Ophioglossa- ceae- Adder’s- tongue Family	Mingan Moonwort	Botrychium minganense	Victorin	02-16-2011	E
  6.2 Plants	Orchidaceae- Orchid Family	Putty- root	Aplectrum hyemale	(Muhl. ex Willd.) Torr.	04-13-1987	T
  6.2 Plants	Orchidaceae- Orchid Family	Arethusa	Arethusa bulbosa	L.	04-13-1987	T
  6.2 Plants	Orchidaceae- Orchid Family	Fairy Slipper	Calypso bulbosa var. americana	(R. Br. ex Ait. f.) Luer	04-13-1987	T	Calypso bulbosa (L.) Oakes
  6.2 Plants	Orchidaceae- Orchid Family	Autumn Coral-root	Corallorhiza odontorhiza var. odon- torhiza	(Willd.) Nutt.	04-13-1987	T	Corallorhiza odontorhiza (Willd.) Nutt.
  6.2 Plants	Orchidaceae- Orchid Family	Ram’s Head Lady’s- slipper	Cypripedium arietinum	Ait. f.	04-13-1987	T
  6.2 Plants	Orchidaceae- Orchid Family	Small Whorled Pogonia	Isotria medeo- loides	(Pursh) Raf.	11-09-1991	E
  6.2 Plants	Orchidaceae- Orchid Family	Large Whorled Pogonia	Isotria verticillata	Raf.	04-13-1987	T
  6.2 Plants	Orchidaceae- Orchid Family	Lily- leaved Tway- blade	Liparis liliifolia	(L.) L.C Rich, ex Ker-Gawl.	04-13-1987	T
  6.2 Plants	Orchidaceae- Orchid Family	White Adder’s- mouth	Malaxis monophy- llos var. brachypoda	(Gray) F. Morris & Eames	04-13-1987	T	Malaxis brachypoda (A.Gray) Fern.
  6.2 Plants	Orchidaceae- Orchid Family	Auricled Tway- blade	Neottia auriculata	(Wiegand) Szlachetko	04-13-1987	E	Listera auriculata Wieg.
  6.2 Plants	Orchidaceae- Orchid Family	Southern Tway- blade	Neottia bifolia	(Raf.) Baumbach	04-13-1987	E	Listera australis Lindl.
  6.2 Plants	Orchidaceae- Orchid Family	Tubercled Orchid	Platanthera flava var. herbiola	(R. Br. ex Ait. f.) Luer	04-13-1987	T	Platanthera flava (L.) Lindl.
  6.2 Plants	Orchidaceae- Orchid Family	Hooker’s Orchid	Platanthera hookeri	(Torr. ex Gray) Lindl.	04-13-1987	T
  6.2 Plants	Orchidaceae- Orchid Family	Three-bird Orchid	Triphora triantho- phoros ssp. triantho- phoros	(Sw.) Rydb.	04-13-1987	T	Triphora triantho- phora (Sw.) Rydb.
  6.2 Plants	Orobancha- ceae-Can- cer-root Family	Pale Painted- cup	Castilleja septentrion- alis	Lindl.	04-13-1987	T
  6.2 Plants	Papavera- ceae- Poppy Family	Golden Corydalis	Corydalis aurea	Willd.	04-13-1987	T
  6.2 Plants	Pinaceae- Pine Family	Jack Pine	Pinus banksiana	Lamb.	04-13-1987	T
  6.2 Plants	Plantagi- naceae- Plantain Family	Mare’s-tail	Hippuris vulgaris	L.	11-09-1991	E
  6.2 Plants	Plantagi- naceae- Plantain Family	Culver’s- root	Veronica- strum virgini- cum	(L.) Farw.	04-13-1987	E
  6.2 Plants	Poaceae- Grass Family	Champlain Beach Grass	Ammophila breviligulata ssp. champ- lainensis	(Seymour) P.J. Walker, CA. Paris & Barrington ex Barkworth	04-13-1987	E	Ammophila champlain- ensis Seymour
  6.2 Plants	Poaceae- Grass Family	Alpine Sweet- grass	Anthoxan- thum monti- cola ssp. monticola	(Bigelow) Veldkamp	04-13-1987	T	Hierochloe alpina (Swartz) R. & S.; Anthoxan- thum monti- cola (Bige- low) Veld- kamp
  6.2 Plants	Poaceae- Grass Family	Pickering’s Reed- grass	Calama- grostis pickeringii	Gray	02-16-2011	E
  6.2 Plants	Poaceae- Grass Family	Bentgrass	Calama- grostis stricta ssp. inexpansa	(Gray) C.W. Greene	11-09-1991	E
  6.2 Plants	Poaceae- Grass Family	Sharp Manna- grass	Glyceria acutiflora	Torr.	11-09-1991	E
  6.2 Plants	Poaceae- Grass Family	Stiff Witch- grass	Panicum flexile	(Gattinger) Scribn.	11-09-1991	E
  6.2 Plants	Poaceae- Grass Family	Slender Mountain- rice	Piptathe- ropsis pungens	(Torr.) Romasch., P.M. Peter- son & Soreng	11-09-1991	T	Oryzopsis pungens (Torr.) Hitchc; Piptatherum pungens (Torr ex Spreng.) Dorn
  6.2 Plants	Poaceae- Grass Family	Shiny Wedgegrass	Sphenopholis nitida	(Biehler) Scribn.	11-09-1991	E
  6.2 Plants	Poaceae- Grass Family	Blunt Sphenopholis	Sphenopholis obtusata	(Michx.) Scribn.	11-09-1991	E
  6.2 Plants	Poaceae- Grass Family	Rough Dropseed	Sporobolus compositus var. compo- situs	(Poir.) Merr.	04-13-1987	E	Sporobolus compositus (Poir.) Merr.; Sporobolus asper (Michx.) Kunth
  6.2 Plants	Poaceae- Grass Family	Eight- flowered Fescue	Vulpia octoflora var. tenella	(Willd.) Fern.	11-09-1991	E	Vulpia octoflora (Walt.) Rydb.
  6.2 Plants	Polemonia- ceae-Phlox Family	Eastern Jacob’s Ladder	Polemon- ium van- bruntiae	Britt.	04-13-1987	T
  6.2 Plants	Polygona- ceae-Buck- wheat Family	Douglas’ Knotweed	Polygon- um doug- lasii	Greene	11-09-1991	E
  6.2 Plants	Primula- ceae-Prim- rose Family	Bird’s- eye Prim- rose	Primula mistass- inica	Michx.	04-13-1987	T
  6.2 Plants	Pterida- ceae-Maid- enhair-fern Family	Green Mountain Maidenhair- fern	Adiantum viridimon- tanum	Paris	12-07-1994	T
  6.2 Plants	Ranuncu- laceae- Buttercup Family	Early Thimble- weed	Anemone multifida var. multi- fida	Poir.	04-13-1987	E	Anemone multifida Poir.
  6.2 Plants	Ranuncu- laceae- Buttercup Family	Golden- seal	Hydrastis canadensis	L.	04-13-1987	E
  6.2 Plants	Ranuncu- laceae- Buttercup Family	Allegheny Crowfoot	Ranun- culus alle- gheniensis	Britt.	11-09-1991	T
  6.2 Plants	Ranuncu- laceae- Buttercup Family	Rue- anemone	Thalic- trum thali- ctroides	(L.) Eames & Boivin	02-10-2022	E
  6.2 Plants	Rhamn- aceae- Buckthorn Family	Prairie Redroot	Ceanothus herbaceus	Raf.	04-13-1987	E
  6.2 Plants	Rosaceae- Rose Family	Northern Cinquefoil	Potentilla litoralis	Rydb.	11-09-1991	E	Potentilla pensylvan- ica var. bipinnati- fida (Doug- las) T. & G.
  6.2 Plants	Rosaceae- Rose Family	Wild Plum	Prunus americana	Marsh.	04-13-1987	T
  6.2 Plants	Rosaceae- Rose Family	Susque- hanna Sand Cherry	Prunus susquehanae	hort. ex Willd.	11-16-2012	E
  6.2 Plants	Rosaceae- Rose Family	Needle- spine Rose	Rosa acicularis ssp. sayi	(Schwein) W.H. Lewis	11-09-1991	E	Rosa acicularis Lindl.
  6.2 Plants	Rubiaceae- Madder Family	Bog Bedstraw	Galium labrador- icum	(Wieg.) Wieg.	04-13-1987	T
  6.2 Plants	Salicaceae- Willow Family	Tea- leaved Willow	Salix planifolia ssp. planifolia	Pursh	04-13-1987	T	Salix planifolia Pursh
  6.2 Plants	Salicaceae- Willow Family	Bearberry Willow	Salix uva-ursi	Pursh	04-13-1987	E
  6.2 Plants	Scheuchze- riaceae- Scheuch- zeria Family	Pod- grass	Scheuch- zeria palustris	L.	04-13-1987	T
  6.2 Plants	Spargania- ceae-Bur- reed Family	Lesser Bur-reed	Spar- ganium natans	L.	11-09-1991	T
  6.2 Plants	Sphagna- ceae-Sphag- num Family	A Peat- moss	Sphag- num sub- fulvum	Sjors	06-23-1989	E	Sphagnum nitidum Warnstorf
  6.2 Plants	Tofieldia- ceae-False Asphodel Family	Sticky False- asphodel	Triantha glutinosa	(Michx.) Baker	04-13-1987	T	Tofieldia glutinosa (Michx.) Baker
  6.2 Plants	Ulmaceae- Elm Family	Cork Elm (Rock Elm)	Ulmus thomasii	Sarg.	02-16-2011	T
  6.2 Plants	Valeriana- ceae-Vale- rian Family	Marsh Valerian	Valeriana uliginosa	(Torr. & Gray) Rydb.	04-13-1987	E
  6.2 Plants	Violaceae- Violet Family	Lance- leaved Violet	Viola lanceo- lata ssp. lanceo- lata	L.	04-13-1987	T	Viola lanceo- lata L.
  6.2 Plants	Xyridaceae- Yellow-eyed- grass Family	Northern Yellow- eyed-grass	Xyris montana	Ries	04-13-1987	T
  6.3 Amphipods	Crangonyc- tidae-A Gammarid Amphipod Family	Taconic Cave Amphipod	Stygo- bromus borealis		12-07-1994	E
  6.4.1 Insects	Apidae- Bee Family	Rusty- patched Bumble Bee	Bombus affinis		03-28-2015	E
  6.4.1 Insects	Apidae- Bee Family	Ashton Cuckoo Bumble Bee	Bombus ashtoni		03-28-2015	E
  6.4.1 Insects	Apidae- Bee Family	American Bumble Bee	Bombus pensylvan- icus		02-10-2022	E
  6.4.1 Insects	Apidae- Bee Family	Yellow- banded Bumble Bee	Bombus terricola		03-28-2015	T
  6.4.2 Insects	Carabidae- Ground Beetle Family	Hairy- necked Tiger Beetle	Cicindela hirticollis		12-07-1994	T
  6.4.2 Insects	Carabidae- Ground Beetle Family	Cobble- stone Tiger Beetle	Cicindela margini- pennis		04-13-1987	T
  6.4.2 Insects	Carabidae- Ground Beetle Family	Puritan Tiger Beetle	Ellipsop- tera puri- tana		12-07-1994	T	Cicindela puritana
  6.5 Mollusks	Margariti- feridae -Pearl Mussel Family	Eastern Pearlshell	Margar- itifera margari- tifera		12-07-1994	T
  6.5 Mollusks	Unionidae- Unionid Mussel Family	Dwarf Wedge- mussel	Alasmi- donta heterodon		11-09-1991	E		Listed as Threatened on 04-13-1987.
  6.5 Mollusks	Unionidae- Unionid Mussel Family	Brook Floater	Alasmi- donta vari- cosa		02-10-2022	E		Listed as Threatened on 12-07- 1994.
  6.5 Mollusks	Unionidae- Unionid Mussel Family	Cylindrical Papershell	Anodon- toides ferussa- cianus		03-18-1999	E
  6.5 Mollusks	Unionidae- Unionid Mussel Family	Pocket- book	Lampsilis ovata		03-18-1999	E
  6.5 Mollusks	Unionidae- Unionid Mussel Family	Fluted- shell	Lasmi- gona co- stata		03-18-1999	E
  6.5 Mollusks	Unionidae- Unionid Mussel Family	Fragile Paper- shell	Lepto- dea fra- gilis		03-18-1999	E
  6.5 Mollusks	Unionidae- Unionid Mussel Family	Black Sandshell	Ligumia recta		03-18-1999	E		Listed as Threatened on 12-07- 1994.
  6.5 Mollusks	Unionidae- Unionid Mussel Family	Pink Heel- splitter	Potami- lus alatus		03-18-1999	E
  6.5 Mollusks	Unionidae- Unionid Mussel Family	Giant Floater	Pygano- don gran- dis		03-18-1999	T
  6.6 Fish	Acipen- seridae- Sturgeon Family	Lake Sturgeon	Acipenser fulvescens		04-13-1987	E
  6.6 Fish	Ictaluridae- North Amer- ican Fresh- water Cat- fish Family	Stonecat	Noturus flavus		12-07-1994	E
  6.6 Fish	Percidae- Perch Family	Eastern Sand Darter	Ammo- crypta pellucida		04-13-1987	T
  6.6 Fish	Percidae- Perch Family	Channel Darter	Percina copelandi		03-18-1999	E
  6.6 Fish	Petromyzon- tidae-Lamp- rey Family	Northern Brook Lamprey	Ichthyo- myzon fossor		11-09-1991	E		Listed as Threatened on 04-13-1987.
  6.6 Fish	Petromyzon- tidae-Lamp- rey Family	American Brook Lamprey	Lethen- teron ap- pendix		04-13-1987	T	Lampetra appendix
  6.7 Amphibians	Bufonidae- Toad Family	Fowler’s Toad	Anaxyrus fowleri		03-28-2015	E
  6.7 Amphibians	Hylidae- New World Tree Frog Family	Boreal Chorus Frog	Pseuda- cris mac- ulata		11-15-2012	E
  6.8 Reptiles	Colubridae- Colubrid Snake Family	North American Racer	Coluber constrict- or		04-23-2005	T
  6.8 Reptiles	Colubridae- Colubrid Snake Family	Eastern Ratsnake	Panther- ophis alleghan- iensis		04-23-2005	T	Elaphe obsoleta
  6.8 Reptiles	Emydidae- Box Turtle and Pond Turtle Family	Spotted Turtle	Clemmys guttata		03-18-1999	E		Listed as Threatened on 06-23- 1989.
  6.8 Reptiles	Scincidae- Skink Family	Common Five-lined Skink	Plestiodon fasciatus		04-13-1987	E	Eumeces fasciatus
  6.8 Reptiles	Trionychi- dae-Soft- shell Turtle Family	Spiny Softshell	Apalone spinifera		04-13-1987	T
  6.8 Reptiles	Viperidae- Viper and Pit Viper Family	Timber Rattle- snake	Crotalus horridus		04-13-1987	E
  6.9 Birds	Caprimul- gidae- Nightjar Family	Eastern Whip- poor-will	Antrosto- mus voci- ferus		11-15-2012	T	Capri- mulgus voci- ferus
  6.9 Birds	Caprimul- gidae- Nightjar Family	Common Nighthawk	Chordeiles minor		11-15-2012	E
  6.9 Birds	Icteridae- Blackbird Family	Rusty Blackbird	Euphagus carolinus		03-28-2015	E
  6.9 Birds	Icteridae- Blackbird Family	Eastern Meadow- lark	Sturnella magna		02-10-2022	T
  6.9 Birds	Laniidae- Shrike Family	Logger- head Shrike	Lanius ludovi- cianus		04-13-1987	E
  6.9 Birds	Laridae- Gull and Tern Family	Black Tern	Chlidonias niger		04-23-2005	E		Listed as Threatened on 12-07- 1994.
  6.9 Birds	Laridae- Gull and Tern Family	Common Tern	Sterna hirundo		07-30-1988	E		Listed as Threatened on 04-13-1987.
  6.9 Birds	Passerel- lidae-New World Spar- row Family	Grasshop- per Spar- row	Ammodram- us savannar- um		03-18-1999	T
  6.9 Birds	Passerel- lidae-New World Spar- row Family	Henslow’s Sparrow	Centronyx henslowii		04-13-1987	E	Ammo- dramus henslowii
  6.9 Birds	Phasianidae- Turkey, Grouse, Pheasant and Partridge Family	Spruce Grouse	Canachites canadensis		07-30-1988	E	Falcipen- nis cana- densis
  6.9 Birds	Scolopacidae- Sandpiper, Snipe and Relatives Family	Upland Sandpiper	Bartramia longicauda		04-23-2005	E		Listed as Threatened on 04-13-1987.
  6.9 Birds	Troglody- tidae-Wren Family	Sedge Wren	Cistothorus stellaris		03-18-1999	E	Cistothor- us plate- nsis	Listed as Threatened on 04-13-1987.
  6.10 Mammals	Felidae- Cat Family	Canadian Lynx	Lynx canadensis		04-13-1987	E
  6.10 Mammals	Felidae- Cat Family	Eastern Mountain Lion	Puma concolor couguar		04-13-1987	E	Felis concolor couguar
  6.10 Mammals	Mustelidae- Weasel Family	American Marten	Martes americana		04-13-1987	E
  6.10 Mammals	Vesperti- lioni-dae- Evening Bat and Vesper Bat Family	Eastern Small- footed Bat	Myotis leibii		04-13-1987	T
  6.10 Mammals	Vesperti- lioni-dae- Evening Bat and Vesper Bat Family	Little Brown Bat	Myotis lucifugus		07-15-2011	E
  6.10 Mammals	Vesperti- lioni-dae- Evening Bat and Vesper Bat Family	Northern Long-ear- ed Bat	Myotis septentrion- alis		07-15-2011	E
  6.10 Mammals	Vesperti- lioni-dae- Evening Bat and Vesper Bat Family	Indiana Bat	Myotis sodalis		04-13-1987	E
  6.10 Mammals	Vesperti- lioni-dae- Evening Bat and Vesper Bat Family	Tri-colored Bat	Perimyotis subflavus		11-15-2012	E

  (Added 1989, Regulation of the Secretary Agency of Natural Resources, eff. June 23, 1989; amended 1991, Regulation of the Secretary of Agency of Natural Resources, eff. Nov. 9, 1991; amended 1995, Regulation of the Secretary of Agency of Natural Resources, eff. Dec. 7, 1994; amended 1999, Regulation of the Secretary of Agency of Natural Resources, eff. Mar. 18, 1999; 2005 Regulation of the Secretary of Agency of Natural Resources, eff. Apr. 28, 2005; 2011 Regulation of the Secretary of Agency of Natural Resources, eff. July 15, 2011; 2012 Regulation of the Secretary of Agency of Natural Resources, eff. Nov. 15, 2012; 2014, No. 116 (Adj. Sess.), § 13; 2015 Regulation of the Secretary of Agency of Natural Resources, eff. Mar. 28, 2015; 2022 Regulation of the Secretary of Agency of Natural Resources, eff. Feb. 10, 2022.)

• § 11. Falconry

  1.0 Purpose.

  This rule is adopted pursuant to 10 V.S.A. § 4278. In adopting this rule, the Commissioner establishes specific requirements for ensuring that holders of falconry permits are qualified and that the birds they possess are legally acquired and appropriately cared for. This regulation defines required raptor housing facilities and falconry equipment, legal means of taking, lawful species, ages and numbers of raptors that may be taken and possessed, banding requirements, and other restrictions on the practice of falconry.

  2.0 Definitions.

  2.1 “Apprentice” permittee means a person meeting the requirements of 5(a) of this rule.

  2.2 “Commissioner” means the Commissioner of the Vermont Department of Fish and Wildlife or his/her designee.

  2.3 “Department” means the Vermont Department of Fish and Wildlife.

  2.4 “Permit” means a written authorization issued by the Department to take and possess raptors and to practice the sport of falconry issued pursuant to 10 V.S.A. § 4278(b).

  2.5 “Falconry” means the sport of hunting by use of trained raptors, including the training, feeding and handling of such raptors and their recapture after being released for hunting or training.

  2.6 “Falconer” means a person who possesses a raptor for the purposes of Falconry under this rule.

  2.7 “General” permittee means a person meeting the requirements of 5(b) of this rule.

  2.8 “Master” permittee means a person meeting the requirements of 5(c) of this rule.

  2.9 “Passage Bird” means a wild bird less than one year old.

  2.10 “Raptor” means all species and hybrids of the orders Strigiformes (owls) and Falconiformes (hawks and falcons), and Accipitriformes (hawks, eagles, and kites).

  2.11 “Sponsor” means a General or Master Falconer, currently permitted by Vermont, or another state, who has agreed to advise and train a holder of an Apprentice permit.

  2.12 “USFWS” means U.S. Fish and Wildlife Service.

  3.0 Application Requirements Qualifications for Appointment.

  (a) An applicant for a falconry permit must:

  (1) be at least sixteen (16) years old and a resident of Vermont;

  (2) not have a license under revocation for violation Title 10, Part 4.

  (3) submit to the Department, on a form prepared and furnished by the Department, an application for a falconry permit, to include:

  (1) the applicant’s name, address, telephone number, and date of birth and the location of his or her raptor housing facilities;

  (2) the number of raptors the applicant possesses at the time the application is submitted, including the species, age (if known), sex (if known), date of acquisition, and source of each;

  (3) the class of permit requested, including the name, address, and signature of sponsor, if required;

  (4) a listing of falconry permits previously held by the applicant;

  (5) an account of the applicant’s experience and training in falconry;

  (6) an original, certification by the applicant concerning the validity of the information, or the signature of a parent or guardian if the applicant is under the age of eighteen (18) years;

  (4) complete a supervised written examination on basic biology, care, and handling of raptors. The examination shall be given by the Department at a state-approved site. Successful completion requires a minimum score of eighty five (85) percent. An applicant who fails the exam may retake it no sooner than sixty (60) days; and

  (5) submit to the Department a permit fee in accordance with Section 4(a).

  (b) The Commissioner may issue a permit to an applicant who meets the requirements of this rule.

  4.0 Permit Terms.

  4.1 Term of permit. A Vermont falconry permit is issued for three (3) years, unless amended or revoked. A permitted Apprentice or General Falconer may apply for a permit of higher class while possessing an unexpired permit without paying additional fees.

  4.2 Compliance. Permittees shall comply with all terms under this regulation and all terms under federal falconry standards issued by the USFWS, including proper filing of electronic federal Migratory Bird Acquisition and Disposition Reports (Form 3—186A). A copy of each federal report shall be submitted to the Department.

  4.3 Revocation of permit.

  (a) The Commissioner may revoke a permit and seize raptors held under the permit if the Commissioner finds that the permittee:

  (1) failed to properly and humanely care for the raptors held under the permit;

  (2) allowed the raptors held under the permit to become a public nuisance;

  (3) failed to comply with any of the terms or conditions of the falconry permit.

  (b) Raptors seized under this section shall be released to the wild, transferred to another permittee, or disposed of as directed by the Commissioner.

  5.0 Classes of Permits.

  5.1 Permits shall be issued in three classes based upon the age and experience of the applicant.

  (a) Apprentice. Holders of an Apprentice permit shall:

  (1) be at least sixteen (16) years old;

  (2) obtain a sponsor who will consent to train and advise the permittee for a minimum of twenty (20) hours annually for the first two (2) years;

  (3) notify the Department in writing within ten (10) days after his or her sponsorship has been withdrawn for any reason, and notify the Department within ten (10) days of obtaining a new sponsor.

  (4) find a sponsor within ninety (90) days following the withdrawal of a previous sponsor. If an Apprentice fails to obtain a new sponsor and notify the Department within ninety (90) days, the Apprentice will surrender any raptors possessed under this rule to the Department.

  (b) General. Holders of a General permit shall:

  (1) be at least eighteen (18) years old;

  (2) have a minimum of two (2) years experience in the practice of falconry at the Apprentice level or its equivalent, including maintaining, training, flying, and hunting the raptor(s) for at least 4 months in each year, to be verified in writing by a sponsor of the applicant who also recommends applicant for a permit; or verified by a state agency that has previously issued a permit to the applicant; or by other proof deemed appropriate by the Commissioner.

  (c) Master. Holders of a Master permit shall:

  (1) have a minimum or five (5) years experience in the practice of falconry at the General class level or its equivalent, to be verified by the State agency that has previously issued a permit to the applicant, or by other proof deemed appropriate by the Commissioner.

  5.2 Sponsor. A General permittee shall sponsor no more than one (1) Apprentice permittee at a time. A Master permittee shall sponsor no more than two (2) Apprentice permittees at a time.

  5.3 Out of State Permits. Upon moving to Vermont, any falconer who holds a valid falconry permit from another state may use that state’s permit for a period of no more than six (6) months when applying for a Vermont falconry permit. After six months, the person must have a Vermont falconry permit in order to engage in falconry in Vermont.

  6.0 Facilities and Care.

  6.1 Facilities. Prior to acquiring a raptor, the permittee shall possess or have access to suitable raptor housing facilities that have passed inspection by the Department. The facilities shall provide for protection from the environment, predators, and undue disturbance and shall include the following:

  (a) Indoor facilities (mews) shall be large enough to allow easy access for caring for the raptors housed in the facility.

  (1) If more than one (1) raptor is to be kept in a mews, the raptors shall be tethered or separated by partitions and the area for each bird shall be large enough to allow the bird to fully extend its wings.

  (2) There shall be at least one (1) window, protected on the inside by vertical bars, spaced narrower than the width of the bird’s body, and a secure door that can be easily closed.

  (3) The floor of the mews shall permit easy cleaning and be well drained.

  (4) Suitable perches, of sufficient diameter and space for injury-free landings and take-offs, shall be provided.

  (b) An outdoor facility, or (weathering area) shall be fenced and covered with netting or wire, or roofed to protect the bird or birds from disturbance and attack by predators, except that perches more than 6 1/2 feet high need not be covered or roofed.

  (1) The enclosed areas shall be large enough to insure the birds cannot strike the fence when flying from the perch.

  (2) Protection from excessive sun, wind, and inclement weather shall be provided for each bird.

  (3) The enclosure must contain suitable perches for the species housed there.

  (c) Alternative housing is allowable so long as it is more protective of animal health and welfare than those specified above.

  6.2 Equipment. Prior to acquiring a raptor, the permittee shall have suitable equipment that has passed inspection by the Department. The permittee shall have the following equipment in his or her possession:

  (a) Jesses. At least two (2) pairs of Aylmeri jesses or similar type constructed of pliable, high-quality leather or suitable synthetic material to be used when any raptor is flown free. Traditional one-piece jesses may be used on raptors when not being flown free.

  (b) Leashes and swivels. At least two (2) leashes and two (2) strong swivels of acceptable falconry design.

  (c) Bath container. At least one (1) suitable container for each raptor, two (2) to six (6) inches deep and wider than the length of the raptor, for drinking and bathing.

  (d) Outdoor perches. At least one (1) weathering area perch of an acceptable design for each raptor.

  (e) Weighing device. A reliable scale or balance suitable for weighing the raptor(s) held, and graduated to increments of not more than one (1) gram.

  6.3 Maintenance. All facilities and equipment shall be kept at or above the preceding standards at all times.

  6.4 Food. Adequate food shall be provided at appropriate intervals for each raptor according to its age and condition. Adequate food shall mean sufficient quantity and nutritional value to maintain a normal body weight and healthy physiological function. All foods shall be served in a clean and sanitary manner.

  6.5 Medical care. The permittee shall provide the Department with a written statement from a veterinarian stating his/her qualifications and a willingness to work with raptors on an ongoing basis prior to the permittee’s possession of a raptor.

  6.6 Transportation and temporary holding. A raptor may be transported or held in temporary facilities comparable to those required for permanent housing (including but not limited to adequate perching, bathing and protection from natural elements) for a period not to exceed thirty (30) days.

  6.7 Inspection. Permitees and applicants shall allow the Department to inspect their facilities, equipment, and raptors for compliance with permit standards. An inspection may be made at reasonable hours of the day with seventy two (72) hours notice. The notice requirement is waived when there are grounds to believe that the standards set forth in this rule are not being met.

  7.0 Capture of Wild Raptors for Falconry.

  7.1 Capture. Only passage (hatching year) Red-tailed Hawks (Buteo jamaicensis) and Goshawks (Accipiter gentili) may be captured for falconry. Nestlings (eyass) and adult birds may not be taken for falconry.

  (a) The raptors may be captured from 1 September through 25 January, inclusive.

  (b) The permittee may use traps, nets and other legal methods of raptor capture that do not cause injury or lethal stress. It is illegal to use steel-jawed traps, gins, pole traps or jump traps.

  (c) Each capture device shall be identified legibly with an attached tag bearing the permittee’s name and address.

  (d) Each deployed capture device shall be inspected at least once each calendar day.

  (e) Any raptor not retained for falconry shall be immediately released.

  7.2 Landowner permission. Prior to attempting to capture a raptor, a permittee shall obtain permission from the owner of private property on which the activity will occur.

  7.3 Land closure. The Commissioner may close any area of the State to the taking of raptors.

  7.4 Recapture of escaped raptors. A permittee may recapture an escaped raptor that was legally acquired and held. The bird may be recaptured by legal means at any time by a permitted falconer to be returned to the falconer who last possessed the escaped bird.

  8.0 Species and Possession Limits.

  8.1 Permit class restrictions.

  (1) An Apprentice permittee may not possess more than one (1) raptor and may not obtain more than one (1) raptor for replacement from all sources during any twelve (12) month period calculated from the first day of possession of the first raptor. An apprentice may temporarily possess the raptors of the apprentice’s sponsor.

  (2) A General permittee may not possess more than two (2) raptors and may not obtain more than two (2) raptors for replacement from all sources during any twelve (12) month period calculated from the first day of possession of the first raptor.

  (3) A Master permittee may not possess more than three (3) raptors and may not obtain more than two (2) raptors taken from the wild during any twelve (12) month period calculated from the first day of possession of the first raptor. A Master permittee may obtain no more than three (3) raptors from all sources during any twelve (12) month period calculated from the first day of possession of the first raptor.

  8.2 Species Restrictions.

  (a) An apprentice permittee may only possess Red-tailed Hawk taken from the wild as a passage bird. The Apprentice may capture a Red-tailed Hawk only under the supervision of the sponsor.

  (b) General or Master permittees may take and possess raptors according to the following limitations:

  (1) A Master permittee may only take passage Red-tailed Hawks and Goshawks from the wild.

  (2) A General permittee may take only passage Red-tailed Hawks from the wild.

  (3) A Master or General permittee may petition the Commissioner for authorization to capture a passage bird of another species.

  (4) Provided that possession is allowed in accordance with state and federal law, a General or Master permittee may possess a captive-bred bird, born and raised beyond two (2) weeks in captivity. The permittee shall keep complete and accurate records of all transactions conducted under this clause, including the name, address, and permit number of the transferee; the day, month, and year of the transaction or disposition; the sale price or other consideration involved in the transaction or disposition; and the species, sex, age, origin, and pedigree (lineage) of the raptor or raptors involved.

  8.3 Raptors taken for other purposes. Raptors of any age captured under depredation or special use permits, or seized under Section 4(c) may be acquired by a General or Master permittee. Such raptors are counted as part of the permittee’s possession limit.

  8.4 All raptors possessed under this rule shall be banded with readily identifiable bands. Goshawks shall be banded with non-reusable bands.

  9.0 Importation, Exportation, Seizure, Sale, Trade and Release of Raptors.

  9.1 Importation. Raptors brought into Vermont may be imported only under the authority of an importation permit from the Commissioner to a permitted falconer in accordance with 10 V.S.A. § 4709.

  (a) Importation permits shall not be issued for the possession of species that are specifically prohibited by these regulations, by laws of the exporting state, the laws of the State of Vermont, or by regulations of the federal government.

  (b) A nonresident falconer may temporarily bring raptor(s) he or she legally possesses into Vermont.

  9.2 Exportation. Raptors taken in Vermont shall not be permanently transferred or exported to another state without written authorization from the Commissioner.

  9.3 Seizure. The Commissioner may seize a raptor if the person in possession of the raptor does not have a valid permit as required by these rules.

  9.4 Sale of raptors. Pursuant to 10 V.S.A. § 4902, a permittee may not sell, purchase, barter, or offer to sell, purchase or barter any raptor taken from the wild.

  9.5 Transfer. A permittee may transfer a legally-held raptor to another permittee according to the restrictions in Section 9, including the electronic filing of the federal form 3-186A.

  9.6 Release, Transfer or Euthanization.

  (a) A wild falconry raptor captured in Vermont that can survive for an extended period in the wild may be intentionally released in Vermont. Prior to release, any non-federal band shall be removed and surrendered to the Department, and a standard federal bird band shall be attached to the bird by the Department or a federally-permitted bird bander.

  (b) With the written authorization of the Commissioner, a wild falconry raptor captured in Vermont that is incapable of surviving for an extended period in the wild may:

  (1) be transferred to an approved educational facility, or to a breeding or rearing facility that holds a scientific collection permit for the species.

  (2) be transferred to a licensed wildlife rehabilitator.

  (3) upon a veterinarian’s recommendation a raptor may be euthanized in a manner that minimizes pain and stress, and the carcass disposed of either by donation to a public scientific or educational organization permitted to receive wild animals, or by burial or incineration. Notice of euthanization of any raptor possessed under this rule shall be provided the Commissioner within ninety six (96) hours.

  (c) Captive-bred birds shall not be released into the wild.

  10.0 Reporting Requirements.

  (a) Upon the loss or addition of any raptor held under a falconry permit, the falconer shall report such a loss or addition by filing form 3-186A within five (5) days of any such transaction. Such losses or additions shall include any takings, purchases, deaths, transfers, and dispositions of raptors held under a permit.

  (b) A raptor possessed under authority of a falconry permit may be temporarily held by a person other than the permittee if that person is otherwise authorized to possess raptors, and if the raptor is accompanied at all times by a copy of the properly completed form 3-186A (Migratory Bird Acquisition/Disposition Report) designating the permittee as the possessor of record, and by a signed, dated statement from the permittee authorizing the temporary possession.

  11.0 Hunting with Raptors.

  (a) Any resident hunting with a raptor in Vermont must possess a valid falconry permit and a valid Vermont hunting or combination fishing and hunting license.

  (b) Any nonresident hunting with a raptor in Vermont must possess a valid falconry permit from his or her state of residence and a valid Vermont non-resident hunting or combination fishing and hunting license.

  (c) A falconry permittee must possess both valid Vermont and federal Migratory Waterfowl Hunting stamps before hunting migratory waterfowl.

  (d) A falconry permittee hunting ducks, coots, geese, brant, swans, doves, woodcock, rails, snipe, sandhill cranes, or gallinules must be registered with the Harvest Information Program (HIP).

  (e) A falconer whose raptor kills wildlife that is out of season or the taking of which is otherwise prohibited shall leave the dead wildlife where it lies, except that the raptor may feed upon the wildlife prior to leaving the site of the kill. The permittee shall report the kill to a Vermont State Game Warden within twenty four (24) hours. (Added 1995, Fish and Wildlife Commissioner’s Reg. No. 1006, eff. Aug. 27, 1994; 2013, Fish and Wildlife Board Reg. eff. January 1, 2014.)

• § 12. Leashed tracking dogs

  1.0 Definitions.

  For the purposes of this rule:

  1.1 “Department” means the Vermont Department of Fish and Wildlife.

  1.2 “Leashed tracking dog” means a dog which is used to track and find dead, injured, or wounded big game pursuant to a license issued in accordance with this rule. The dog must be licensed as required by subchapter 2 of chapter 193 of Title 20.

  1.3 “Licensed” means a leashed tracking dog certificate issued pursuant to this rule, authorizing use of leashed tracking dogs as specified in this rule.

  1.4 “Licensee” means a person who is the holder of a leashed tracking dog license.

  1.5 “Physically incapacitated” means incapable of participating in the hunt due to physical injury.

  1.6 “Dispatch” means to humanely kill.

  1.7 “Big game animal” means deer and bear only.

  2.0 Prohibition.

  Except as permitted by 10 V.S.A. § 4701 and section 4 of this rule, no person may use a dog to track dead, wounded or injured big game. Law enforcement officials acting in the performance of their official duties are exempt from the provisions of this rule.

  3.0 Leashed Tracking Dog License.

  A leashed tracking dog license issued by the Department entitles the licensee to:

  3.1 Use leashed tracking dogs, during the day or at night to track and find dead, wounded or injured big game during all big game seasons and the 24 hour period immediately following the last day of a big game season.

  3.2 Dispatch wounded or injured big game animals which have been tracked and found in accordance with and pursuant to the conditions of such license.

  3.3 Temporarily possess a big game animal which has been dispatched by the licensee, or reduced to possession by the licensee, until lawfully tagged or until delivered to a State Game Warden pursuant to the conditions of the license.

  4.0 Leashed Tracking Dog License; Conditions.

  4.1 A big game hunter who has killed, wounded or injured, or reasonably believes he or she has killed, wounded or injured, a big game animal during a big game season may engage a licensee to track and recover the animal. If the hunter is physically incapacitated, the licensee may track and dispatch the animal if the licensee is personally carrying a written signed instrument from the hunter listing (1) the date, (2) the hunter’s name, address, telephone number and big game license number, and (3) a statement that the hunter has engaged the licensee to track the animal, and that the hunter has killed, wounded or injured such animal, and that the hunter is unable to accompany the licensee because of physical incapacitation.

  4.2 No person other than the licensee or, during legal hunting periods, the big game hunter who has engaged the licensee when specifically so authorized by the licensee, may carry a firearm or bow of any description while tracking dead, wounded or injured big game pursuant to this rule.

  4.3 During legal hunting periods, the hunter who has engaged the licensee must dispatch the wounded or injured big game animal when found by the licensee by means which are lawful during the season in which it was wounded or injured and in a lawful manner reduce the animal to legal possession. However, the licensee must dispatch the wounded or injured animal if the legal hunting period has ended, when the hunter is not present, or, when in the judgment of the licensee it is unsafe or otherwise inappropriate for the hunter to do so.

  4.4 The licensee may use a handgun of no less than .35 caliber with a barrel length of not less than four inches to dispatch a wounded or injured big game animal, and during the 24 hour period immediately following the last day of a big game season, provided that the licensee complies with all other provisions of federal, state and local laws and regulations concerning possession and discharge of firearms and the conditions of a license granted under this rule.

  4.5 Before tracking a dead, wounded or injured animal, the licensee must notify, by telephone or in person, the State Game Warden assigned to the area. If the warden is unavailable, his or her immediate supervisor will be notified. Notification must include the 1) name of the licensee, 2) name, address, telephone number, and big game license number of the big game hunter engaging the licensee, 3) general location of the wounded or injured animal, and 4) the name of the owner(s) of the land where the search will be conducted.

  4.6 The licensee must maintain physical control of the leashed tracking dog(s) at all times while conducting activities subject to this rule by means of a lead attached to the dog’s collar or harness. This lead must be at least twelve (12) feet in length.

  4.7 After a big game animal has been dispatched, the licensed hunter must immediately tag the carcass as required by Section 2a of part 4 Title 10 Appendix. If the hunter is physically incapacitated, the hunter must immediately tag the carcass upon delivery of the animal by the licensee. If the hunter is unavailable the licensee must report the incident to and deliver the animal to a State Game Warden or the State Game Warden’s immediate supervisor.

  4.8 The licensee must personally carry a current big game license and a valid leashed tracking dog license when conducting activities pursuant to this rule.

  4.9 The licensee must notify the department in writing, of any change of address within 30 days of that change of address.

  4.10 The licensee must submit to the department a written request for license renewal within the 30 days prior to the expiration of such license.

  4.11 The licensee must submit an annual report to the Commissioner within 15 days of the close of the last yearly big game season, which shall give all dates, locations and outcomes of tracking incidents as well as the name, address and hunting license number of each hunter and name of each State Game Warden contacted in each case.

  5.0 Leashed Tracking Dog License Qualifications.

  The applicant for a license must:

  (a) Provide proof of possession of a current Vermont big game hunting license;

  (b) Not have been convicted of, or pled guilty to, an offense under the Fish and Wildlife Law, within the previous five years which resulted in a revocation of the person’s big game, hunting, or archery license;

  (c) Submit a non-refundable application fee of $25.00 and a completed application to the Department prior to taking the written examination;

  (d) Receive a grade of 80 percent or higher on a written examination administered by the department. The examination will be offered at least once a year and will test the applicant’s knowledge of Fish and Wildlife law and regulations, dog training and handling methods and other areas of knowledge as deemed appropriate or relevant by the Commissioner.

  6.0 Leashed Tracking Dog License; Issuance.

  6.1 Applicants and licensees shall pay the following fees:

  (a) Initial license—resident—$100

  (b) Renewal—resident—$125.00

  non-resident—$200

  non-resident—$225.00

  6.2 A license is valid for five years from the date of issuance.

  6.3 A license is valid only for the individual identified on the license and is not transferable.

  6.4 A licensee who fails to renew his/her license within one year of the date of expiration must reapply and meet all the qualifications set forth in Section 5 of this rule.

  6.5 The Department may place special conditions on the license which it deems appropriate or necessary. The Department may also waive or dispense with any requirement of this rule when the Department deems it to be in the public interest to do so.

  7.0 Leashed Tracking Dog License; Suspension Or Revocation.

  A license issued pursuant to this rule shall be revoked concurrently with all other licenses upon conviction of a violation of Vermont Fish and Wildlife law pursuant to 10 V.S.A. § 4502. (Added 1996, Fish and Wildlife Commissioner’s Reg. No. 1015, eff. Sept. 5, 1996.)

• § 13. Regulations for operating regulated shooting grounds

  13.1. A regulated shooting ground shall be at least 200 acres in area, on lands that the Commissioner deems suitable for the purpose. The land shall be enclosed as prescribed in 10 V.S.A. § 5218, and the notices prescribed therein shall contain the words: “Regulated Private Shooting Ground, Special Regulations in Effect.” The permittee may further include notice of such restrictions as they may desire as to trespassing. Such notices shall not be less than 18 inches long by one foot wide.

  13.2 Permits will be issued to operate a regulated shooting ground for the following species only: mallard ducks, pheasant, quail, chukar partridge, and Hungarian partridge.

  13.3 All birds released on regulated shooting grounds shall be at least 10 weeks old when released and raised on the premises, legally acquired from licensed breeders, or imported as provided in 10 V.S.A. § 4709.

  13.4 The permittee shall keep a current record of the birds taken, which shall include the name and address of the person taking such birds, their hunting license number, the kind and number of birds taken, and the date of taking. Each hunter will receive a signed and dated receipt from the permittee showing the number and species of birds in possession.

  13.5 The open season for taking game birds under these regulations shall be from January 1st to December 31st, both dates inclusive.

  13.6 Annually within 40 days of the end of such season, the permittee shall file with the Fish and Wildlife Department a notarized report of the number and species of birds released, name of the breeder from which they were acquired, date released and the records as provided in paragraph 4.

  13.7 Except as specially provided in this regulation, all laws and fish and wildlife regulations shall be in effect on regulated shooting grounds. (Added 1964, Fish and Game Commissioner’s Reg. No. 690, eff. May 30, 1964; 1984, Fish and Game Commissioner’s Reg. No. 690, eff. March 17, 1984; 1990, Fish and Wildlife Commissioner’s Reg. No. 690, eff. Jan. 5, 1991.)

• § 14. Posting against hunting, fishing or trapping

  14.1 Pursuant to 10 V.S.A. § 5201(b) the Fish & Wildlife Commissioner specifies that signs prohibiting the taking of fish or wild animals on land posted against such activity by the person or persons having the exclusive hunting, fishing and trapping rights thereto shall:

  (a) be not less than 8 1/2″ x 11″;

  (b) have lettering and background of contrasting colors;

  (c) state that hunting, fishing or trapping or any combination of the three are prohibited or forbidden;

  (d) be dated each year;

  (e) be erected on or near the boundaries of the posted land or waters, not more than 400 feet apart, and at each corner of the boundaries of posted land;

  (f) be annually recorded at the town clerk’s office in the town where the posted land or waters is located, on a form provided by the Fish & Wildlife Commissioner, with a copy retained and a copy provided to the Commissioner; and

  (g) shall not be considered void if other language is added to the sign that is not covered by section 5201, as long as a reasonable person would understand that hunting, fishing or trapping are prohibited or forbidden.

  14.2 Pursuant to 10 V.S.A. § 5201(b), signs restricting the taking of fish or wild animals on land “by permission only” by the person or persons having the exclusive hunting, fishing and trapping rights thereto shall:

  (a) be not less than 8 1/2″ x 11″;

  (b) have lettering and background of contrasting colors;

  (c) state that hunting, fishing, or trapping or any combination of the three is by “permission only”;

  (d) be dated each year;

  (e) state the landowner’s name and a method by which to contact the property owner or person authorized to provide permission to hunt on the property;

  (f) be erected on or near the posted land or waters, not more than 400 feet apart and at each corner of the boundaries of posted land;

  (g) be annually recorded at the town clerk’s office in the town where the posted land or waters are located, on a form provided by the Fish & Wildlife Commissioner, with a copy retained and a copy provided to the Commissioner; and

  (h) shall not be considered void if other language is added that is not expressly required by Section 5201, as long as a reasonable person would understand that hunting, fishing or trapping are prohibited or forbidden.

  14.3 Pursuant to 10 V.S.A. § 5201(b) signs prohibiting the taking of fish shall also include the date the waters were last stocked, and shall be erected on or near the shores of the waters. To legally post a river or stream against fishing under Section 5201, the numbers of fish stocked must meet or exceed those specified in Section 5202. A stocking affidavit must also be filed with the Fish and Wildlife Commissioner and the town clerk of the town where stocked. (Added 1968, Fish and Game Commissioner’s Reg. No. 762, eff. April 24, 1968; amended 1996, Fish and Wildlife Commissioner’s Reg. No. 762, eff. Sept. 5, 1996; 2014, Regulation of the Secretary of Natural Resources, eff. Jan. 1, 2015.)

• § 15. Rule governing public use of Vermont Fish and Wildlife Department Lands

  1.0 Authority.

  1.1 This rule is adopted pursuant to 10 V.S.A. § 4145(a) which authorizes the Board to adopt rules 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 10 V.S.A. § 4144.”

  2.0 Purpose.

  2.1 The purposes of this rule is to regulate public activities and use at Wildlife Management Areas, Riparian Lands, Conservation Camps and Fish Culture Stations in order to protect, manage, and conserve the fish, wildlife, vegetation and other natural and cultural resources of the State, to provide for the safe and efficient operation of the developed facilities of the Department and to protect the health, safety, and welfare of the public.

  2.2 To foster quality hunting, fishing, trapping and other fish-based and wildlife-based activities at these lands and facilities.

  2.3 This rule does not apply to Fishing Access Areas governed by 10 V.S.A. § 4145.

  2.4 This rule is not intended to interfere with deed restrictions, easements, rights-of-way or other applicable legal agreements.

  3.0 Definitions.

  3.1 “Board” means the Vermont Fish and Wildlife Board as defined in 10 V.S.A. § 4041.

  3.2 “Department” means Vermont Fish and Wildlife Department.

  3.3 “Commissioner” means Commissioner of the Vermont Fish and Wildlife Department.

  3.4 “Wildlife Management Area” or “WMA” means any lands or portions of lands of the Department so designated by the Department.

  3.5 “Riparian Land” means any lands or portions of lands of the Department other than WMAs, Fish Culture Stations, Fishing Access Areas and Conservation Camps so designated by the Department, such as but not limited to stream bank parcels, dams, and pond sites.

  3.6 “Conservation Camp” means any facilities, lands or portions of lands of the Department so designated by the Department.

  3.7 “Fish Culture Station” means any facilities, lands or portions of lands of the Department so designated by the Department.

  3.8 “Designated Site” means a delineated area at a WMA, Riparian Land, Conservation Camp or Fish Culture Station that the Department has designated for a particular activity or prohibition on an activity, and so identified and demarcated with signage or identified on a Department-issued map.

  3.9 “Designated Corridor” means a road, trail, path or other linear travel route at a WMA, Riparian Land, Conservation Camp or Fish Culture Station that the Department has designated for travel by a particular means or vehicle, and so identified with signage or identified on a Department-issued map.

  3.10 “Authorized Activity” means an activity for which a person does not need prior permission to engage in, and can engage in at a WMA, Riparian Land, Conservation Camp or Fish Culture Station, or at a Designated Site or on a Designated Corridor within a WMA, Riparian Land, Conservation Camp or Fish Culture Station.

  3.11 “Prohibited Activity” means an activity that no person, group, business or entity shall be allowed to engage in under any circumstances, and for which no Permit, License or Lease shall be authorized, except as provided for in Sections 6.0 of this regulation.

  3.12 “Commercial Activity” means any activity or service that produces income for any person, group, business or entity, including any activity or service by any non-profit entity where a fee is required or requested.

  3.13 “Special Use Permit” means a written authorization issued by the Department or its designee issued to a person, group, business or entity to undertake an activity.

  3.14 “Group” means ten (10) or more persons.

  3.15 “Primitive Camping” means temporary overnight occupancy in a natural environment with no developed facilities leaving the site in its original condition so there is no or minimal evidence of human visitation.

  3.16 “Self-contained Camping” means camping with a portable shelter equipped with a self-contained, portable, sanitary toilet.

  3.17 “Artifact” means an object produced or shaped by human craft, especially a tool, weapon, or ornament of archaeological or historical interest.

  3.18 “Emergency situation” means an unintended or unforeseen situation that poses a risk to health or life of a person or animal.

  3.19 “Field processing” means the gutting or dressing or other removal of non-consumptive parts of an animal for the preservation of the carcass to include the boning and quartering.

  3.20 “Tree stand” means a platform or structure (placed for any period of time) which is fastened to a tree by nails, bolts, wire, or other fasteners that intrude through the bark into the wood of the tree, or around the tree.

  3.21 “Ground blind” means a structure or manufactured enclosure made of natural or man-made materials placed on the ground to assist in concealing or disguising the user or occupant. This does not apply to blinds constructed for purposes of hunting waterfowl which are governed by 10 V.S.A. App. § 23.

  3.22 “Bait” means any animal, vegetable, fruit or mineral matter placed with the intention of attracting wildlife.

  3.23 “All-terrain vehicle” or “ATV” means any non-highway recreational vehicle, except snowmobiles, having no less than two low pressure tires (10 pounds per square inch, or less) or tracks, not wider than 60 inches with two-wheel ATVs having permanent, full-time power to both wheels, and having a dry weight of less than 1,700 pounds, when used for cross-country travel on trails or on any one of the following or a combination thereof: land, water, snow, ice, marsh, swampland, and natural terrain.

  3.24 “Utility task vehicle” means a side-by-side four-wheel drive off-road vehicle that has four wheels, or tracks, and is propelled by an internal combustion engine with a piston displacement capacity of 1,200 cubic centimeters or less, and has a total dry weight of 1,200 to 2,600 pounds.

  3.25 “Waterbody” means any lake, pond, river, or stream.

  4.0 Authorized Activities.

  4.1 The following activities are authorized on all lands under this rule:

  (a) Hunting, fishing, trapping and target shooting at designated shooting ranges, as well as all other activities authorized under 10 V.S.A. Part 4;

  (b) Fish and wildlife viewing and photography;

  (c) Boating, including launching and landing, for fish-based and wildlife-based activities where not otherwise prohibited by any other relevant regulations or statutes;

  (d) Dispersed, wildlife-based pedestrian activities including walking, snowshoeing, swimming, cross-country skiing, and collection of shed antlers;

  (e) Non-commercial picking of berries, nuts, fungi and other wild edibles except ginseng;

  (f) Camping for purposes of hunting, fishing or trapping:

  (1) Primitive camping on WMAs designated by the Department for no more than 3 consecutive nights. Camp sites must be at least 200 feet from any waterbody, property line, or road;

  (2) Self-contained camping on sites designated by the Department for this purpose, for no more than 16 days during the periods of May 1-31, September 1 through December 15. No individual parcel will have more than three designated sites for self-contained camping unless that site’s use has been demonstrated to have preceded January 1, 2007.

  (g) Fish-based and wildlife-based commercial activities limited to those specified in 4.1(a) — 4.1(c) of this subsection when conducted by a person. This shall include guiding for purposes of fishing, hunting and trapping.

  4.2 Prohibition on Otherwise Authorized Activities.

  The Department may prohibit otherwise Authorized Activities for purposes such as, but not limited to: animal and/or habitat management, plant protection, habitat restoration or public safety.

  5.0 Prohibited Activities.

  5.1 The following activities are strictly prohibited, unless otherwise authorized in accordance with Section 6:

  (a) The operation of any ATV, UTV, or any wheeled or tracked motorized vehicle not registered for public highway use, except as provided for under this subsection and section 6.0 of this regulation;

  (1) Pursuant to 23 V.S.A. § 3506 (b)(4), ATV use is prohibited on, “any public land, body of public water . . . unless the Secretary has designated the area for ATV use by all-terrain vehicles pursuant to rules promulgated under provisions of 3 V.S.A. chapter 25.”

  (2) If the Secretary has previously designated an area of state land for use by ATVs pursuant to 23 V.S.A. § 3506 (b)(4), the Commissioner shall authorize a designated corridor on Department lands for ATV use under section 6.0 of this rule subject to the terms and conditions the Commissioner deems appropriate.

  (b) Use of motorized vehicles except on roads specifically designated for such use;

  (c) Snowmobiling except as approved by the Department and on designated corridors;

  (d) Horseback riding, dog sledding, non-motorized cycle riding, or use of motorized vehicles except on designated corridors;

  (e) Draft and pack animals, except for retrieval of legally harvested moose, deer and black bear during the respective hunting season(s);

  (f) Commercial Activities except those allowed under 4.1(a-c);

  (g) Artifact or fossil collection;

  (h) Fires except in emergency situations, or for non-primitive and primitive camping in accordance with 4.1(f);

  (i) Abandoning, or disposing of any animal carcass, or their parts, except that portions of fish or game legally harvested on the property may be deposited on site during routine field processing for preservation and transport, or parts used in conjunction with legal trapping;

  (j) Construction or placement of temporary or permanent structures, except as provided under Section 7 of this rule or for primitive and non-primitive camping in accordance with Section 4.1(f);

  (k) Collection of plants, trees, evergreen brush or limbs, except wild edibles as allowed under Section 4.1(e) of this rule;

  (l) Use of any fireworks or pyrotechnic devices except signal flares in an emergency situation;

  (m) Feeding or baiting of wildlife except if otherwise authorized by law;

  (n) Taking of fish from a fish culture station except during special events established by the Department, including but not limited to fishing derbies, clinics and educational events;

  (o) Entering within 500 feet of any building or other associated infrastructure that is associated with a Department Fish Culture Station or Conservation Camp during times of the day other than those times posted for public use;

  (p) Parking of vehicles except while engaged in an Authorized Activity;

  (q) All other activities not specifically authorized by this rule, or authorized in writing by the Commissioner including, but not limited to: para-sailing, hang-gliding, recreational rock climbing, and geocaching.

  6.0 Special Use Activities and Designated Sites on Vermont Fish and Wildlife Department Lands.

  6.1 The Commissioner may grant a Special Use Permit, Lease or License for any activity under this rule so long as the Commissioner has determined that there will be no adverse impact on Authorized Activities or other adverse impacts on the primary purposes of ownership.

  6.2 The Commissioner may designate a site, by means of signage, or being identified on a Department-issued map, for any activity under this rule so long as the Commissioner has determined that there will be no adverse impact on Authorized Activities or other adverse impacts on the primary purposes of ownership.

  6.3 The Commissioner may permit accommodations to persons with a qualified disability pursuant to the Americans with Disabilities Act.

  7.0 Use of Tree Stands and Ground Blinds on WMAs.

  7.1 Permanent tree stands and ground blinds are prohibited on state-owned WMAs.

  7.2 Temporary tree stands and ground blinds are permitted on state-owned WMAs under the following conditions:

  (a) Tree stands and ground blinds may be erected and used without written permission from the Department during the time period from the third Sunday in August through the third Saturday in December annually, May 1 through May 31, all dates inclusive, or during any Youth Hunting Day or Weekend. This does not include blinds constructed for purposes of hunting waterfowl pursuant to 10 V.S.A. App. § 23.

  (b) Tree stands and ground blinds may be erected and used at other times of the year with advance notice to, and written permission from, the Department’s District office staff responsible for managing and administering state land in the District in which the land is located.

  (c) Tree stands and ground blinds used on WMAs must be constructed and erected in such a way that:

  (1) No damage is done to any living tree in erecting, maintaining, using, or accessing the stand or blind except that:

  (2) Dead limbs, trees or shrubs may be removed as needed to erect and use the stand or blind, and;

  (3) No live limbs, trees or shrubs may be cut for any purpose except those one inch or less in diameter at either ground level or from the main stem or branch of the tree where the stand or blind is located as appropriate (for guidance, a U.S. quarter is .9 inch in diameter), and;

  (4) No nails, bolts, screws (including access steps), wire, chain or other material that penetrates through the bark and into the wood of live trees shall be used in erecting any stand or blind.

  (d) All tree stands or ground blinds used on WMAs must be clearly and legibly marked with the owner’s name and address. Marking shall be legible and placed in a manner that enables a person to conveniently and easily read it.

  7.3 Tree stands and ground blinds that do not conform to this regulation are prohibited and may be confiscated and/or destroyed by the Department. Building, erecting, maintaining, using or occupying a non-conforming tree stand or ground blind is prohibited. Construction of any tree stand or ground blind does not confer exclusive use of its location to the person who built it. Any person may use that location for purposes consistent with this rule. (Added 1998, Fish and Wildlife Commissioner’s Reg. No. 1024, eff. Sept. 8, 1998; 2013, Fish and Wildlife Commissioner’s Reg. eff. Dec. 28, 2012.)

• § 15a. Fees for the Use of Fish and Wildlife Department Lands and Facilities

  1.0 Authority.

  1.1 This rule is adopted pursuant to 10 V.S.A. § 4132(e) that requires the Commissioner of the Vermont Fish and Wildlife Department to adopt and publish regulations for reasonable fees for the use of Department lands.

  1.2 In accordance with 10 V.S.A. § 4132(e), all fees or charges collected for the use of fish and wildlife lands and properties shall be deposited in the Fish and Wildlife Fund.

  2.0 Purpose.

  2.1 In accordance 10 V.S.A. § 4132(e), this rule is designed to set fees for the use of Vermont of Fish and Wildlife Department lands, roads, buildings, other property including Wildlife Management Areas, Fishing Access Areas, and other Department lands and sets tuition for the Green Mountain Conservation Camps.

  2.2 The activities for which fees shall be charged under this rule shall be consistent with the Rule Governing Public Use of Fish and Wildlife Department Lands.

  3.0 Definitions.

  3.1 “Partnering organizations” means any government entity or non-governmental organization with whom the Department has a memorialized partnership and whose purposes, and proposed activity, are consistent with the mission of the Vermont Fish and Wildlife Department.

  3.2 “Private entity” means a person or group whose proposed activity is unaffiliated with the mission of the Vermont Fish and Wildlife Department.

  3.3 “License” a written instrument that authorizes a certain activity on Department property but does not vest the licensee with any property rights.

  3.4 “Special Use Permit” means a formal written authorization for short-term, low impact use by individuals or groups.

  3.5 “Department” means the Vermont Fish and Wildlife Department.

  3.6 “Edward F. Kehoe Education Center” means the main floor of the Educational Center and surrounding buildings, lawns.

  3.7 “Buck Lake Conservation Camp” means the dining hall, restrooms, tent erection areas and Wightman building.

  4.0 Fees.

  4.1 Edward F. Kehoe Education Center

  (a) Partnering Organizations and Municipalities

  Day Use (per day/all facilities $175

  Conference Room $30/day; $20/1/2 day

  Damage Deposit (refundable if all $150 day/use

  requirements are met)

  Cabin Rental (Includes 4 people $60 / night

  $5 per additional person)

  School Groups (K-12) Day Use $5/per student

  (b) Private Entity

  Grounds - Day Use (Weekend) $750

  Grounds - Day Use (Weekday) $500

  Conference Room (single) $200

  Conference Room (double) $350

  Weddings $3,000

  4.2 Buck Lake Conservation Camp

  Facility Day Use (per day) $175

  Damage Deposit (refundable if all $150 /day use

  requirements met)

  Dining Hall Only $50 day; $25/1/2 day

  Cabin Rentals (rate is for 4 people; $60/night

  $5.00 per additional persons)

  4.3 Conservation Camp Tuition $250

  4.4 Controlled Waterfowl Hunt $10 /person

  Dead Creek WMA and Mud Creek WMA

  4.5 Meeting Rooms - Grand Isle Fish $25 /day

  Culture Station, Gorden Center Training Facility

  Overnight Accommodations - $25/person/night

  Gordon Center Training Facility

  4.6 Special Use Permit $50 Minimum -

  $10,000 Maximum

  4.7 License $50 Minimum

  $10,000 Maximum

  5.0 Waivers.

  5.1 Department Employees working in their official capacity, and participants of Department sponsored events, are exempt from fees subject to the approval of the Commissioner or the Commissioner’s designee.

  5.2 Partnering organizations paying fees for an activity under 4.1 of this rule shall be waived of any additional fees for use of Department lands associated with that activity. (Added 2013, Fish and Wildlife Board Reg. eff. July 1, 2013.)

• § 15b. Rule Governing Public Use of Vermont Fish and Wildlife Department Shooting Ranges

  1.0 Authority.

  1.1 This rule is adopted pursuant to 10 V.S.A. § 4146 which authorizes the Commissioner to adopt rules “as necessary for the proper protection and management” of public shooting grounds.

  1.2 This rule is only applicable to shooting range facilities which are owned by the Vermont Fish and Wildlife Department and are open to the general public.

  2.0 Purpose.

  2.1 The purposes of this rule are to regulate public activities and use at Vermont Fish and Wildlife Department shooting ranges, to provide for the safe and efficient operation of these facilities and to protect the health, safety, and welfare of the public.

  3.0 Requirements and Prohibited Activities at all Department Shooting Ranges.

  3.1 All range users shall:

  (a) have a valid Vermont hunting, fishing or combination license as required for individuals 15 years of age and older, unless attending an event or training sponsored by the Department;

  (b) be limited to one unlicensed visitor and shall be held accountable for the visitor. All visitors shall be required to purchase his or her own license after 3 visits during the range year (April 1st — Dec 14th).

  (c) wear hearing and eye protection, this includes both shooters and spectators;

  (d) not handle or shoot any firearms while anyone is beyond or in front of the firing line, shooting benches or otherwise down range;

  (e) communicate to all shooters to cease shooting, before going down range;

  (f) point any firearm in a safe direction at all times;

  (g) cap and prime muzzleloaders from the firing line;

  (h) keep all firearms unloaded, with actions open, until the shooter is ready to fire at the firing line; and

  (i) remove and place all discarded objects, trash, targets and spent cartridge hulls in trash receptacles before leaving the range.

  3.2 The following activities are strictly prohibited:

  (a) The use of the shooting range at any other time than the range hours posted at the range by the Commissioner of the Vermont Fish and Wildlife Department.

  (b) The use of tracer, armor piercing or steel core ammunition.

  (c) The shooting of any airborne or thrown objects (e.g. clay pigeons), unless designated for such purpose.

  (d) Shooting long rifles and shotguns from any pistol bench.

  (e) Shooting handguns from the long-gun benches.

  (f) Shooting outside the designated shooting areas, in front of the firing line or, anywhere other than from or right next to shooting benches.

  (g) Shooting any target other than paper targets secured to the target frames and raised above ground level, unless attending an event or training sponsored by the Department. No other targets shall be allowed.

  (h) Shooting at the vegetation, trash, range equipment or facilities.

  (i) Shooting from the hip or any other shooting position in which the shooter cannot properly utilize the sights.

  (j) The use of lighted tobacco products such as cigarettes, cigars, and pipes; and the use of alcohol, or any illegal substances.

  (k) The presence at the facility or use of the facility by any person who is under the influence of alcohol or any illegal substances.

  (l) Children (aged 15 years or younger) that are not accompanied by an individual over the age of 18, unless attending an event or training sponsored by the Department.

  (m) The presence of any domestic animal or pets on the range except bona fide Service and Assistance Animals.

  (n) The use of any fireworks, pyrotechnics, or any other explosive targets, including tannerite.

  4.0 Hours of Operation and Prohibited Activities Applicable Only to Hammonds Cove Shooting Range.

  4.1 Unless otherwise posted at the discretion of the Commissioner of the Fish and Wildlife Department, the Hammond Cove Shooting Range shall be open: April 1 to December 14, Thursday through Monday, 10AM to 3PM; except Sundays, 10AM to 2PM.

  4.2 Hammonds Cove Shooting Range shall be closed December 15 through March 31; and on all Vermont State & Federal Holidays; except for special events approved by the Commissioner.

  4.3 Firing more than one round per second is prohibited at Hammonds Cove Shooting Range. (Added 2015, Fish and Wildlife Board Reg. eff. July 1, 2016.)

• § 16. Suspension of licenses: Enforcement of child support orders, 15 V.S.A. § 798

  16.1 For the purposes of this rule the term “license” shall include any and all licenses and permits issued by the Vermont Fish & Wildlife Department.

  16.2 Upon receipt of a license suspension order issued by the court pursuant to 15 V.S.A. § 798, a suspension notice shall be issued to the license holder. The license holder shall have 15 days to contest the suspension based on the grounds of mistaken identity or compliance with the support order. If the suspension is not contested, the suspension will be effective on the 16th day as provided in the notice and the license shall be forwarded to the Law Enforcement Division of the Fish & Wildlife Department, 103 South Main Street, Waterbury, VT.

  16.3 All notices of compliance with a child support order shall be upon a standard compliance form, as devised and approved by the court, the Vermont Agency of Human Services, Department of Children and Families, and this Department.

  16.4 If the motion for the court order was brought by the Vermont Agency of Human Services, Department of Children and Families, then notice of compliance shall only be accepted from the Vermont Agency of Human Services, Department of Children and Families or the court.

  16.5 If the motion for the court order was brought by the custodial parent, then notice of compliance shall be accepted from the custodial parent, custodial parent’s attorney, or the court.

  16.6 If the notice of compliance was dated before the effective date of the suspension, the suspension shall be canceled.

  16.7 Upon notice of reinstatement from the court, the Department shall reissue the suspended license and notify the individual of such within five (5) working days of the receipt of the notice. The Department shall charge a reinstatement fee equal to the cost of the original license.

  16.8 Department personnel shall direct all inquiries from persons seeking reinstatement to the court or the Vermont Agency of Human Services, Department of Children and Families, if Vermont Agency of Human Services, Department of Children and Families was the entity which brought the motion for suspension before this court. (Added 1998, Fish and Wildlife Commissioner’s Reg. No. 1026, eff. Dec. 19, 1998.)

• § 17. Rule governing the importation and possession of deer or elk from chronic wasting disease endemic areas and captive hunt or farm facilities

  1.1 This rule is promulgated pursuant to 10 V.S.A. § 4081. In promulgating this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and furbearing animals in this State is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance.

  1.2 In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of the regulated species and other necessary or desirable species which are related to the regulated species.

  1.3 This rule applies to importation and possession of deer or elk carcasses or the parts thereof, from chronic wasting disease endemic areas and captive hunt or farm facilities.

  1.4 This rule shall apply to all persons who import, possess, transport, use, or deal with deer or elk carcasses, or parts thereof, from chronic wasting disease endemic areas and captive hunt or farm facilities.

  The purpose of this rule is to:

  (a) ensure the conservation of the wildlife in the State, and

  (b) maintain the best health of native cervidae of the State, and

  (c) prevent the introduction or spread of a disease that is potentially harmful to humans and wild species.

  3.0 Permitted Activities and Restrictions

  3.1 The importation or possession of deer or elk carcasses, or the parts thereof, from chronic wasting disease endemic areas and captive hunt or farm facilities is prohibited except as provided below:

  (a) Meat that is cut up and packaged, and not mixed with other deer or elk during processing.

  (b) Meat that is boneless.

  (c) Hides or cape with no part of the head attached.

  (d) Clean skull-cap with antlers attached.

  (e) Antlers with no other meat or tissue attached.

  (f) Finished taxidermy heads.

  (g) Upper canine teeth with no tissue attached.

  3.2 All hunters shall identify their deer and elk with their non-resident license information in accordance with section 2a of this title.

  4.0 Chronic Wasting Disease Endemic Areas

  The Department shall provide a list of chronic wasting disease endemic areas and shall update the list as areas are added or deleted. The list shall be available on the Department’s web site, from the Department’s headquarters and from the Department’s district offices. The list shall also be made available to the media as much as practicably possible to provide maximum notice to the public.

  5.0 Captive Hunting or Farm Facilities Defined.

  5.1 Captive Hunting Facilities are any facilities with captive deer or elk held in a fenced or walled enclosure for the purpose of taking by hunting.

  5.2 Farm Facilities are any facilities with captive deer or elk held in a fenced or walled enclosure and are raised for meat, hides, antlers or other products. (Added 2003, Fish and Wildlife Board Reg. No. 1100, eff. June 4, 2003.)

• § 18. Governing the importation and possession of wild animals, excluding fish

  1.0 Authority.

  1.1 This rule is adopted pursuant to 10 V.S.A. § 4081(a) and (b) which authorizes the Board to carry out the purposes of protecting the State’s wildlife, and 10 V.S.A. § 4709 which regulates the importation and possession of wild birds and animals in the State and establishes a permit application fee, and 10 V.S.A. § 4152 establishes scientific and education collection permits.

  2.0 Purpose.

  2.1 It is the purpose of this regulation to carry out the mandate of the Vermont General Assembly to control through a permit program the importation and possession of wild animals in Vermont as provided in 10 V.S.A. § 4709. It is the purpose of this statute and its regulations to protect the health, safety and welfare of animals, both wild and domestic, to prevent damage to agriculture and livestock, and to protect the health, safety and welfare of human inhabitants of the State of Vermont.

  3.0 Definitions.

  3.1 (Wild Animals or Wildlife) — All animals, including mammals, birds, amphibians and reptiles, excluding fish and those animals defined by the Secretary of Agriculture, Food and Markets by rule as pets and those defined as domestic under paragraph 3.2 of this rule. Included in this definition is any part, product, egg, offspring, dead body, or part of the dead body of any such wildlife. Wildlife includes all subspecies of wildlife and any other group of wildlife of the same species, the members of which may interbreed when mature, including any hybrid species except wolf-hybrids. Wild animals taken or possessed, or reared in captivity remain wild animals and are not domestic or tame animals.

  3.2 (Domestic Birds and Animals) — The Department shall provide a list of domestic animals and shall update the list as needed, adding or deleting animals as necessary. The list shall be available on the Department’s web site, from the Department’s headquarters and from the Department’s district offices. The list shall also be made available to the media as much as practicably possible to provide maximum notice to the public.

  3.3 (Board) — Vermont Fish and Wildlife Board

  3.4 (Department) — Vermont Fish and Wildlife Department

  3.5 (Commercial) — To sell, have sold, or offer for sale as defined in 10 V.S.A. § 4001(22); barter, exchange and offering or exposing for sale; and possession with the intent to sell, import, or export.

  3.6 (Commissioner) — Fish and Wildlife Department Commissioner as defined in 10 V.S.A. § 4001(27).

  3.7 (Dealer) — Any person, who commercially buys or sells any wild animal, as defined in 3.5.

  3.8 (Unrestricted Wild Animals) — Those species determined not to conflict with the purposes of this regulation.

  3.9 (Native Wildlife) — Native to the State of Vermont, either historically or at present.

  4.0 Importation or possession of wild animals.

  4.1 Except as otherwise provided by law, it is unlawful for any person to bring into or possess in the State of Vermont any live wild animal, or live ovum or semen thereof, of any kind, unless upon application in writing, the person obtains from the Commissioner a permit to do so; or the species of animal, ovum, or semen is listed as a domestic bird or animal, domestic pet, or unrestricted wild animal.

  4.2 The importation and possession of dead wild animals, in accordance with all laws and regulations applicable in Vermont or the place of origin, for personal use are exempt from this regulation.

  4.3 The importation, possession and regulation of pests and beneficial organisms regulated by the Secretary of Agriculture, Food and Markets is exempt from this regulation.

  5.0 Permits.

  5.1 Dealer’s Permit.

  All commercial dealers in Vermont, including, but not limited to pet shop owners, persons raising frogs for sale as institutional experimental animals, and all persons who import, export, and/or sell wild birds and animals must first obtain a valid Dealer’s Permit from the Department.

  (a) Except as provided herein, the Commissioner shall not issue a permit for the keeping or possession of any wild animal in captivity, except for bona fide scientific or educational purposes as permitted by (10 V.S.A. § 4152).

  (b) For purposes other than importation and possession for bona fide research and educational purposes, the Commissioner shall not issue a permit unless it has been determined that the wild animal or wildlife proposed to be brought into or possessed in the State does not conflict with the purpose of this regulation. The Commissioner shall establish a list of Unrestricted Wild Animals that do not conflict with the purpose of this regulation, are commonly sold in the pet trade, and do not require an Importation and Possession Permit from the Department.

  (c) The Unrestricted Wild Animals List will consist of those species that are determined to be no threat to the State’s native wildlife, minimal threat to human health and safety, and suitable as pets for the residents of the State. This list is expected to be revised periodically by the Commissioner depending on recent pet trade trends, disease, and health issues. The list shall be posted on the Department website and made available at the Department’s central and district offices.

  In accordance with 10 V.S.A. § 4152, the Commissioner may issue permits to collect birds, their nests and eggs and wild animals, or their parts thereof, for public scientific research, educational purposes, art, or photography.

  Any person who collects any wild animal within the boundaries of the State of Vermont and sells said wild animal must obtain a Commercial Collection Permit from the Department.

  Any person importing or possessing any wild animal for the purposes of temporary exhibition must obtain from the Commissioner a permit to do so; unless the species is listed as a domestic bird or animal, domestic pet, or unrestricted wild animal.

  Any person breeding and propagating wild birds and animals in accordance with 10 V.S.A. § 5207 must obtain from the Commissioner a license to do so; unless the species is listed as a domestic bird or animal, domestic pet, or unrestricted wild animal.

  6.0 Permit Application.

  6.1 Applications for a permit for importation and possession, scientific and educational collection, commercial collection, temporary exhibition, or propagation must be complete and submitted to the Department on an application form to be provided by the Department. For an application to be complete, it must be legible, must contain all of the information requested by the Department, shall contain no false statements, must bear the applicant’s official signature, and must be accompanied by the required application fee.

  7.0 Facilities.

  7.1 Any person permitted to import, possess, or collect wild animals shall provide adequate facilities as required by the Commissioner. Conditions may be imposed that require specific conditions for captivity or exposure to humans (e.g., prohibit the touching of wild animals by any person other than the permit holder).

  8.0 Inspections.

  8.1 Persons holding a permit for dealer, importation and possession, scientific and educational collection, commercial collection, or temporary exhibition shall allow inspection at reasonable times of their premises, facilities, records and wild animals by a State Game Warden, or other Department representative.

  8.2 If upon inspection, a wild animal is not being kept as required by the conditions of the permit, or the presence of disease has been determined, destruction of the wild animal may be required by the Commissioner.

  9.0 Violations.

  9.1 Any wild animal that is taken, imported or possessed in violation of this regulation, or is kept in violation of any permit issued may be confiscated and disposed of in accordance with 10 V.S.A. § 4513. Permit violations and violations of Part 4 of Title 10 may result in the revocation of the permit. (Added 2008, Fish and Wildlife Board Reg. No. 881, eff. Jan. 23, 2008.)

• § 19. Rule governing the importation and possession of animals for taking by hunting

  1.0 Authority and Application.

  1.1 This rule is promulgated pursuant to 10 V.S.A. §§ 4081, 4082, and 4714.

  1.2 In promulgating this rule, the Vermont Fish and Wildlife Board is following the policy established by the General Assembly that “the protection, propagation control, management and conservation of fish, wildlife and furbearing animals in this State is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance,” as stated in 10 V.S.A. § 4081.

  1.3 In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of wild animals.

  1.4 Wild animals in Vermont belong to the people in their collective and sovereign capacity, not in their private and individual capacities, as long recognized by the Vermont Supreme Court.1 Ownership of wild animals may only be acquired subject to the reasonable regulation as provided for by the General Assembly.

  1.5 This rule applies to any live animal that is possessed or confined for the purposes of taking by hunting.

  1.6 This rule applies to enclosures whose purpose is to confine animals to be taken by the means of hunting. It shall not apply to activities permitted under the provisions of 10 V.S.A. § 5217, or 10 V.S.A Appx §§ 32 and 13.

  2.0 Purpose and Policy.

  2.1 The purpose of this rule is to:

  (a) In accordance with 10 V. S.A. § 4714, establish the necessary criteria to implement and enforce the permit and permit process for the importation and possession of animals for the purposes of hunting;

  (b) Maintain the best health of the wild animals of the State, both in the wild populations and those animals within facilities permitted under this rule;

  (c) Prevent the introduction or spread of a disease, or parasite by imported animals that are harmful to humans and wild animals, specifically, but not exclusively, the spread of “Chronic Wasting Disease” (“CWD”), bovine tuberculosis, and rabies;

  (d) Ensure the physical health and safety of humans;

  (e) Ensure the rights of hunting and fowling enshrined in Chapter II, Section 67 of the Vermont Constitution;

  (f) Prohibit entrapment of white-tailed deer and moose or any wild animal not authorized in this regulation, even if temporary, by means of a fenced enclosure or enclosed hunting facility; and

  (g) Maintain the health of the white-tailed deer and moose populations by ensuring that diseases associated with enclosed animals are not introduced into the wild and that there are sufficient open lands for the wildlife of the State to travel, feed, and meet all their life requirements and support population levels to accommodate the public’s interests in these resources.

  3.0 Definitions.

  3.1 “Animals” means all members of the animal kingdom, wild or domestic.

  3.2 “Application” means a document produced and published by the Department, completed by a person seeking a permit from the Commissioner to import or possess animals for taking by hunting.

  3.3 “Board” means the Vermont Fish and Wildlife Board.

  3.4 “Cervid,” “Cervidae,” and “deer” means any member of the Cervidae family.

  3.5 “Chronic wasting disease” (“CWD”) means a transmissible spongiform encephalopathy (TSE) of cervids.

  3.6 “Commissioner” means the Vermont Fish and Wildlife Department Commissioner.

  3.7 “CWD susceptible cervid” means any species of the family Cervidae, or any other family or genera, when published scientific evidence shows susceptibility to Chronic Wasting Disease (“CWD”), including black-tailed and mule deer, white-tailed deer, elk, red deer, and moose. Fallow deer (Dama dama) are excluded until susceptibility evidence is discovered.

  3.8 “Department” means the Vermont Department of Fish and Wildlife.

  3.9 “Designated Employee” means an employee or agent of the permittee who has been designated by the permittee to take a captive animal or wild animal that has become entrapped. The names of all designated employees shall be provided to the Department, in writing, prior to being given authorization to take any animal.

  3.10 “Enclose” means to create through the use of fences, manmade structures, or natural barriers, an area that can be used to restrict the free movement of animals.

  3.11 “Enclosure” means a structure designed to restrict the free movement of animals and the area within that structure.

  3.12 “Escape-proof ” means so constructed that the captive animals will remain confined under all circumstances, except when natural catastrophe or other incidents occur over which the owner or the owner’s agent has no control. “Escape-proof” also means so constructed as to prevent ingress from white-tailed deer and moose.

  3.13 “Herd” means one or more cervids that are under common ownership or supervision permitted under this rule and are grouped on one or more parts of any single premises (lot, farm or ranch), and all cervids under common ownership or supervision on two or more premises which are geographically separated but on which cervids have been commingled or had direct or indirect contact with one another.

  3.14 “Herd inventory” means an official list of all of the animals enclosed within the facility including verification of the official or approved identifications.

  3.15 “Hunting” means the taking of an animal by use of a firearm, muzzleloader, bow or crossbow or other implement authorized by the General Assembly, or the Vermont Fish and Wildlife Board to pursue or take any live animal.

  3.16 “Hunting Facility” means an enclosure created by the use of fences, man-made structures, or natural barriers where animals are confined to be taken by hunting. Specifically excluded from this definition are activities covered by regulations 734 (Beagle Training) and 690 (Regulated Shooting Grounds).

  3.17 “Import” means any act of transporting animals into Vermont from any state or country.

  3.18 “NAIS” means National Animal Identification System. This is a national program administered by the U.S. Department of Agriculture outlining standard operating procedures in animal identification.

  3.19 “Owner” means an individual, partnership, company, corporation or other legal entity that has legal title to an animal or herd of animals.

  3.20 “Permit” means a written authorization from the Commissioner specifically granting a request to import and/or possess animals for hunting within an authorized facility.

  3.21 “Person” includes individuals, principals, agents, employees, firms, partnerships, corporations and associations.

  3.22 “Possession” means actual or constructive possession.

  3.23 “Take and taking” means pursuing, shooting, hunting, killing, capturing, trapping, snaring and all lesser acts, such as disturbing, harrying or worrying or wounding or placing, setting, drawing or using any net or other device commonly used to take animals, whether they result in the taking or not; and shall include every attempt to take and every act of assistance to every other person in taking or attempting to take fish or wild animals, provided that when taking is allowed by law, such a taking must be by lawful means and in a lawful manner.

  4.0 Generally.

  4.1 Prohibited: It is unlawful to take by hunting any animal in an enclosed area by a person other than the owner of the facility, spouse, the landowner’s minor child, licensed veterinarian, or designated employee as defined by this rule, unless the facility is properly licensed as a captive hunt facility under this rule or has been granted authorization by the Commissioner.

  4.2 Importation: It shall be prohibited to import, possess or confine any live animal, to be taken by hunting except the species listed in Section 4.5 of this rule. It shall be unlawful to import, possess or confine to be taken by hunting white-tailed deer and moose.

  4.3 Ingress: When any species of animal that is imported or possessed for the purposes of hunting but not approved under 4.5 of this Rule, or any white-tailed deer or moose becomes entrapped within an enclosure of a permitted facility, the permittee, or an agent of the permittee shall notify the Department of Fish and Wildlife within the 24 hours of actual or constructive notice of the entrapment. The Department of Fish and Wildlife may take whatever steps under its authority that are deemed necessary to remove and dispose of any entrapped white-tailed deer or moose.

  (a) Authorization to take by permittee: The permittee, or its designated employee, is authorized to take an entrapped animal. Any such taking must be reported to the Department within 12 hours of the taking. Any authorized person shall immediately properly dress the carcass and care for the meat. The entire carcass of any animal taken or removed under this subsection is the property of the Commissioner and shall be tested for diseases as specified by the Fish and Wildlife Department.

  4.4 Escape: Any animal approved for importation and possession under 4.5 of this Rule that escapes any enclosure of a permitted facility shall be reported to the Fish and Wildlife Department within 24 hours of the permittee’s actual or constructive notice of the escape.

  (a) Escaped animals: Upon actual or constructive notice of an escape of an approved animal from a permitted facility, the permittee shall attempt to recapture the animal. Any such escaped animal which remains outside the enclosure longer than 72 hours, shall be subject to being destroyed by the Department.

  (b) Extension: For good cause shown, the Commissioner may grant additional time for recapture when a request for extension of time is submitted.

  4.5 Allowed Species: No species of animal may be hunted in any hunting facility except those listed below.

  (a) The list of allowed animals is as follows:

  Buffalo (Bison bison)

  Elk or wapiti (Cervus elaphus canadensis)

  Red deer (Cervus elaphus)

  Fallow deer (Dama dama)

  European wild boar (Sus scrofa ferus)

  Spanish goat (Capra aegagrus hircus)

  Mouflan sheep (Ovis musimon)

  Corsican, Black Hawaiian, Texas Dall, and Barbarossa sheep (Ovis hybrids)

  (b) If a permittee or applicant wishes to import and enclose a species not listed in 4.a. above for the purpose of being taken by hunting, the Board may be petitioned to include that species. Species approved must not have an adverse effect on the State’s wildlife, and the proposed importation and/or possession will maintain the best health, utilization and population levels of wildlife.

  4.6 Season: There shall be no closed season for any animal possessed for the purposes of hunting if in compliance with this rule.

  4.7 License: It is unlawful for any person to take an animal in a hunting facility unless in the possession of a valid and current Vermont hunting license.

  4.8 Rare and Irreplaceable Natural Areas: No part of the proposed enclosure will encompass any land designated as a Rare and Irreplaceable Natural Area, as defined by the Act 250 process.

  4.9 Necessary Wildlife Habitat: No part of the proposed enclosure will encompass any areas designated as Necessary Wildlife Habitat as defined by the Act 250 process, or as designated by the Department.

  4.10 Enclosure Size: No hunting facility may have an enclosure less than 100 acres in size for the purpose of taking an animal by hunting. No hunting facility may have enclosures with total summed area greater than 1280 acres.2

  4.11 Premises Inspection: All facilities permitted under this rule shall be subject to inspection by the Commissioner or the Commissioner’s designee. Such inspections may include, but are not limited to, records kept under this rule, perimeter fencing, enclosed animals, and any structures within the facility. Requests for inspection shall take place during reasonable business hours.

  4.12 Record keeping and CWD Certified Herd Program: Accurate records documenting purchases, sales, interstate shipments, intrastate shipments, escaped animals, entrapped white-tailed deer and moose, deaths (including harvested animals), and births shall be established and maintained for all hunting operations.

  (a) Availability of Documents: Documentation shall be made available to Department personnel immediately upon request.

  (b) Content of Documents: Information provided in the records shall be kept on forms provided by the Department. Information shall include: where animals originated, travel (sale) history, individual animal identification, certificate of veterinary inspection, carcass and sample identification numbers, sex, species, and age.

  (c) Multiple Enclosures: If a facility has multiple enclosures, movement of animals between such enclosures shall be recorded as if they were separately owned enclosures.

  (d) CWD Certified Herd Program: The owners of any CWD susceptible cervid shall enroll in the Vermont agency of agriculture, food and market’s CWD Certified Herd Program and remain compliant with the Vermont Rules Governing Captive Cervidae as applied to any possession or take of a CWD susceptible cervid.

  4.13 Feeding: The feeding of ruminant protein to cervids is strictly prohibited. All facilities permitted under this rule are forbidden from feeding prohibited feed ingredients. The storage of prohibited feed in the same area as allowable feed is also prohibited. Feeding practices will be reviewed during inspections.

  4.14 Animal Health: Captive animals shall have sufficient food, water, and cover, as well as a variety of topographical areas and vegetation types that are not to become excessively degraded over time due to over-stocking of animals. Animals shall receive humane and proper treatment in accordance with accepted agricultural or veterinarian practices.

  5.0 Requirements of the Facility and Operation5.1 Fencing Requirements: 3

  (a) General: Captive animals must be contained within an escape-proof enclosure that complies with all specifications under this rule at all times. Repeated escapes of captive animals, or the ingress of white-tailed deer or moose is evidence of non-compliance with this rule.

  (b) Specifications.

  (1) Conventional or hi-tensile perimeter fences of which at least the bottom six (6) feet must be mesh (maximum mesh size shall be 12 1/2″ x 7″). The overall height is to be a minimum of eight (8) feet.

  (2) Minimum wire gauges - 12 1/2 gauge - conventional fence; 14 1/2 gauge - woven hi-tensile.

  (3) All perimeter gates providing access to animal holding facilities shall be kept secured when animals are present. Gate construction shall be constructed and maintained to prevent escape of captive animals, or ingress by white-tailed deer or moose, by crawling under the gate, jumping over the gate, or passing between the gate and adjacent fence.

  (4) Posts - four (4) inch minimum diameter, wood or equivalent (e.g., rust resistant steel), spaced no more than fifty (50) feet apart (60-foot spacing is allowed if there are at least two (2) steel posts between the wood posts). There shall be a post or stay (wood or steel) every 20 feet. Posts must be at least eight (8) feet above ground level. Corners shall be braced with wood or equivalent material.

  5.2 Identification:

  (a) Any animal added to the enclosure shall have a minimum of two official/approved unique identifiers. At least one of these identification systems shall include visible identification and at least one shall include identification as approved by the Commissioner.

  (b) For all animals not covered by the agency of agriculture’s identification requirements, the Commissioner shall establish an identification system such as, but not limited to, tags and tattooing. The Commissioner may approve a written identification plan generated by the permittee. All animals to be enclosed shall be identified prior to being placed in the enclosure.

  5.3 Capture Chutes for Testing: Shall be in accordance with the rules of the Secretary of the Agency of Agriculture, Food and Markets.

  5.4 Testing of Live Animals: Shall be in accordance with the rules of the Secretary of the Agency of Agriculture, Food and Markets.

  5.5 Monitoring: Facilities operating under this rule shall allow the Commissioner, or the Commissioner’s designee, to inspect the permitted facility and records at any time.

  5.6 Testing of Harvested Animals: Shall be in accordance with the rules of the Secretary of Agriculture, Food and Markets.

  6.0 Application Process.

  6.1 Eligibility: Only those hunting facilities in existence prior to October 28, 2008, will be eligible to apply for a permit subject to this rule. No new hunting facilities for the taking of animals by hunting behind fences will be established or permitted.

  6.2 It is unlawful to import or possess any animal for the purposes of being taken by hunting without a permit. Prior to the importation or possession of any animal by a person, party, or corporation for the purposes of being taken by hunting under this rule, a facility shall apply to the Commissioner in writing with a permit application designed and provided by the Commissioner. The application shall include:

  (a) Name, address and phone number of the Applicant and/or Owner and/Operator if different. Name address and phone number of any “designated employee” as defined in this rule.

  (b) Map of facility, depicting enclosure location and parcel boundaries.

  (c) Proof of ownership, including title or lease.

  (d) Area, in acres, of the lands to be enclosed.

  (e) A description of the lands to be enclosed, including habitat and vegetative conditions including wetlands, cover, and water sources.

  (f) A letter from the Department indicating that the area to be enclosed does not encompass a Rare and Irreplaceable Natural Area, Necessary Wildlife Habitat, or other rare community type.

  (g) Detail of the two kinds of identification systems to be used at the facility as prescribed in this rule.

  (h) Copies of veterinary inspection reports certifying the disease free status of the animals and all necessary testing in compliance with rules of the Secretary of the Agency of Agriculture, Food and Markets.

  (i) Documentation showing the facility to be in compliance with all local, municipal, state and federal licensing, zoning, taxation, and other applicable laws or regulations.

  (j) Any additional information as is necessary to determine that the importation or possession of the animals referred to complies with the purposes of this rule.

  (k) A permittee shall provide a bond, secured note of credit, or equivalent instrument, equal to the cost of decommissioning the facility. Factors in determining the cost of decommissioning shall include, but not be limited to: acreage, number of animals, and linear feet of fencing.

  6.3 Receipt: The Commissioner shall acknowledge, in writing, receipt of the application within thirty (30) days of receipt. The acknowledgement shall state whether the application is complete or deficient.

  6.4 Deficiencies: If the application is administratively deficient, the Commissioner shall inform the applicant of the deficiencies and give the applicant thirty (30) days starting the day the notice is placed in the U.S. mail to correct the deficiencies. Applications that remain deficient after the thirty (30) day period shall be deemed denied by the Commissioner and returned to the applicant.

  6.5 Review: When an application is deemed administratively complete, the Commissioner shall review the information supplied to determine if the application complies with all parts of this rule.

  6.6 Site Inspection: Prior to final approval, the Commissioner, or the Commissioner’s designee, shall conduct a site inspection. The inspection shall ensure that all parts of this rule have been verified, including the absence of white-tailed deer or moose within the hunting facility enclosure. Any animals subject to this rule may not be added to the premises prior to inspection and approval.

  6.7 Issuance: If the application has been deemed complete by the Commissioner, the site inspection has revealed no deficiencies, and the Commissioner has found that the applicant is in full compliance with this rule, a permit shall be issued and a facility identification number will be assigned for future correspondence and reporting purposes.

  6.8 Denial: If the application is denied, the Commissioner shall, within thirty (30) days, provide a written denial providing the reasons why the application was denied.4

  6.9 Term: Subject to full compliance with this rule, a permittee may apply for a renewal every three years.

  7.0 Permit Revocation7.1 Grounds for Revocation: The Commissioner may revoke any permit issued for failure to comply with the provisions of this rule or when there is an imminent threat of a disease from the facility to any wildlife species of the State.

  7.2 Notification: If the Commissioner finds that a facility permitted under this rule is in violation of the rules promulgated by the Board or the provisions of 10 V.S.A. Part 4, or there is an imminent threat of disease from the hunting facility to any wildlife species of the State, then the Commissioner shall notify the permittee in writing of the intent to revoke the permit.

  7.3 Opportunity to Cure: A permittee found out of compliance with Sections 5.1, 5.2, and 5.3 of this rule will have thirty (30) days from the date of notification to cure the non-compliance.

  7.4 Proceeding: Notwithstanding the license revocation in accordance with 10 V.S.A. § 4502, under Section 7.1 of this rule, the Commissioner shall, prior to permit revocation, provide a proceeding consistent with 3 V.S.A. § 814(c).

  7.5 Emergency Revocation: If the Department finds that the public health, safety, or welfare imperatively requires emergency action, or there is an imminent threat to any wildlife species of the State, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings as described above.

  8.0 Appeals.

  Notwithstanding 10 V.S.A. § 4502, any person aggrieved by the Commissioner’s finding, order or revocation under this rule may appeal to the Superior Court in Washington County.

  9.0 Facility Decommissioning.

  9.1 Following permit revocation, or permit abandonment, captive animals within enclosures shall not be released from facilities.

  9.2 All imported animals and their offspring shall be subject to the requirements of 5.2 and 5.4 of this rule5. Thereafter, animals may be removed from the enclosure, or continue within the enclosure and subject to the jurisdiction of the Agency of Agriculture, Food and Markets.

  9.3 Depopulated facilities shall have at least 1/10 of perimeter fencing removed from all sides to allow passage of wild animals in addition to the removal of all corner fencing of the enclosures. Exceptions to this clause will be made for CWD and/or tuberculosis-positive facilities at the discretion of the Department in accordance with most recent scientific evidence for environmental resilience of CWD and/or tuberculosis pathogens.

  10.0 Compliance of Existing Facilities.

  10.1 All existing facilities must receive a permit under this rule within one year of its adoption or will be deemed out of compliance with this rule and subject to the penalties allowed by law.

  10.2 Hunting facilities found operating without a valid permit shall be deemed out of compliance with rule and subject to the penalties allowed by law. (Added 2009, Fish and Wildlife Board Reg., eff. Jan. 4, 2009.)

  1 See, inter alia, State v. Theriault, 70 Vt. 617 (1898), Payne v. Sheets, 75 Vt. 335 (1903); State v. Niles, 78 Vt. 266 (1906); Zanotti v. Bolles 80 Vt. 345 (1907).

  2 1280 acres is equivalent to two square miles. Limiting the size to 1280 acres reduces the risk of interfering with populations of white-tailed deer, moose, bear and other species that depend on large areas of land during seasonal movement to fulfill their life requirements.

  3 These requirements are consistent with the Vermont Agency of Agriculture, Food and Market’s Rules Governing Captive Cervidae (2006).

  4 See Section 8.0 of this rule regarding appeals of a denial.

  5 That is, all animals must be identified and tested prior to being introduced into any other population or enclosure.

• § 19a. Rule governing the transition of the relevant captive hunt facility to compliance with 10 V.S.A. App. § 19

  1.0 Authority.

  1.1 This rule is promulgated pursuant to No. 54 of the Acts of the 2011 Sess. (2011) (hereinafter “Act 54”) which requires that “the Fish and Wildlife Board shall adopt by rule a process by which the number of white-tailed deer and moose entrapped within the relevant captive hunt facility is reduced to zero by taking, as that term is defined in 10 V.S.A. § 4001, over a three-year period from September 1, 2011.”

  1.2 This rule is promulgated pursuant to 10 V.S.A. §§ 4081, 4082.

  1.3 In accordance with 10 V.S.A. § 4081, this rule is following the policy established by the General Assembly that “the protection, propagation control, management and conservation of fish, wildlife and furbearing animals in this State is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance.”

  1.4 In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of wild animals.

  2.0 Purpose and Policy.

  2.1 The purpose of this rule is to: In accordance with Act 54, establish the necessary criteria to implement the transition from the jurisdiction of the relevant captive hunt facility from the Secretary of Agriculture, Food, and Markets to the Commissioner of the Department of Fish and Wildlife.

  2.2 In Act 54, the General Assembly found and declared that: “To preserve the health of the wildlife of Vermont, all owners of captive cervidae facilities should be required to remove entrapped white-tailed deer or moose, and such facilities should be required to take the necessary measures to prevent future entrapment of white-tailed deer or moose.”

  2.3 This rule is designed to bring the population of entrapped white-tailed deer and moose to zero over the three-year period September 1, 2011 - August 31, 2014.

  2.4 This rule is designed to permit the disease surveillance that is consistent with the goals set forth in 10 V.S.A. § 4081 and Act 54 to prevent the introduction or spread of a disease, or parasite, by imported animals that are harmful to humans and wild animals, specifically, but not exclusively, the spread of “Chronic Wasting Disease” (“CWD”), bovine tuberculosis, and rabies.

  2.5 In accordance with 10 V.S.A. § 4081, “It is the policy of the State that . . . . 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.”

  3.0 Definitions.

  3.1 “Animals” means all members of the animal kingdom, wild or domestic.

  3.2 “Board” means the Vermont Fish and Wildlife Board.

  3.3 “Captive animal” has the same meaning as under 10 V.S.A. § 4715(a)(1).

  3.4 “Cervid,” “Cervidae,” and “deer” means any member of the Cervidae family.

  3.5 “Chronic Wasting Disease” (“CWD”) means a transmissible spongiform encephalopathy (TSE) of cervids.

  3.6 “Commissioner” means the Vermont Fish and Wildlife Department Commissioner.

  3.7 “Department” means the Vermont Department of Fish and Wildlife.

  3.8 “Enclosure” means a structure designed to restrict the free movement of animals and the area within that structure.

  3.9 “Herd” means one or more cervids that are under common ownership or supervision permitted under this rule and are grouped on one or more parts of any single premises (lot, farm or ranch), and all cervids under common ownership or supervision on two or more premises which are geographically separated but on which cervids have been commingled or had direct or indirect contact with one another.

  3.10 “Herd inventory” means an official list maintained by the facility of all of the animals enclosed within the facility including individual animals’ official or approved identifications.

  3.11 “Hunting” means the taking of an animal by use of a firearm, muzzleloader, bow or crossbow or other implement authorized by the General Assembly, or the Vermont Fish and Wildlife Board to pursue or take any live animal.

  3.12 “Import” means any act of transporting animals into Vermont from any state or country.

  3.13 “Permit” means a written authorization from the Commissioner specifically granting a request to import and/or possess animals for hunting within an authorized facility.

  3.14 “Relevant captive cervidae facility” shall mean a captive cervidae facility subject to the requirements of Sec. E.702.1 of No. 156 of the Acts of the 2009 Adj. Sess. (2010).6

  3.15 “Take and taking” means pursuing, shooting, hunting, killing, capturing, trapping, snaring and all lesser acts, such as disturbing, harrying or worrying or wounding or placing, setting, drawing or using any net or other device commonly used to take animals, whether they result in the taking or not; and shall include every attempt to take and every act of assistance to every other person in taking or attempting to take fish or wild animals, provided that when taking is allowed by law, such a taking must be by lawful means and in a lawful manner.” 10 V.S.A. § 4001 (23).

  4.0 Scope of the Rule.

  4.1 On September 1, 2011, the relevant captive cervidae facility shall be regulated as a captive hunt facility under the Fish and Wildlife Board’s rule governing the importation and possession of animals for taking by hunting as set forth in 10 V.S.A. App. § 19.

  4.2 This rule does not supersede the requirements of 10 V.S.A. App. § 19.

  4.3 Nothing in this rule is intended to modify or abridge the authority of the Commissioner to authorize the taking of white-tailed deer and moose pursuant to 10 V.S.A. Section 4138.

  5.0 Record, Reporting and Disease Surveillance7 .

  5.1 Records.

  (a) Availability: Documentation shall be made available to Department personnel immediately upon request or 24 hours if not practicable.

  (b) Content: Information provided in the records shall be kept on forms provided by the Department. Information shall include: where animals originated, travel (sale) history, individual animal identification, certificate of veterinary inspection, carcass and sample identification numbers, sex, species, and age. Information shall also include the name and address of any person taking a white-tailed deer or moose and the identification number of the animal taken.

  5.2 Animal Health: Captive animals shall have sufficient food, water, and cover, as well as a variety of topographical areas and vegetation types that are not to become excessively degraded over time due to over-stocking of animals. Animals shall receive humane and proper treatment in accordance with accepted agricultural or veterinarian practices.

  5.3 Identification:

  (a) Any captive animal within the enclosure shall have a minimum of two official/approved unique identifiers. At least one of these identification systems shall include visible identification and at least one shall include identification as approved by the Commissioner.

  (b) Other means of identification are available for approval subject to 10 V.S.A. App. § 19, Section 5.2(b).

  6.0 Annual Herd Assessment In order maintain successful surveillance, the Department shall, on September 1 of each year conduct an annual assessment, including:

  6.1 Herd Inventory

  (a) The number of white-tailed deer and moose taken by the means of hunting by August 31 of that year;

  (b) The number of white-tailed deer or moose experiencing mortality by August 31 of that year; and

  (c) The total number of white-tailed deer and moose remaining in the relevant captive hunt facility and the herd inventory identification numbers for each animal.

  6.2 Inspection of the Facility Inspections may include, but are not limited to, records kept under this rule, perimeter fencing, captive animals, and any structures within the facility. Requests for inspection shall take place during reasonable business hours.

  6.3 Removal of Wild Cervids.

  (a) Any untagged white-tailed deer or moose shall be considered a wild animal;

  (b) All such animals will be removed either by the relevant captive hunt facility owner or the Department at the Department’s discretion.

  6.4 Monitoring: Facilities operating under this rule shall allow the Commissioner, or the Commissioner’s designee, to inspect the permitted relevant captive hunt facility and records at any time.

  6.5 Testing of Animals: Testing of animals shall be in accordance with the rules of the Secretary of Agriculture, Food and Markets. The head of any white-tailed deer or moose experiencing mortality by any means shall be preserved consistent with CWD testing protocols and notice shall be provided to the Department within 24 hours.

  7.0 Open Season and Restrictions.

  7.1 There is no closed season for taking of white-tailed deer and moose within the relevant captive hunt facility subject to the following restrictions:

  (a) Shooting Hours: 1/2 before sunrise - 1/2 after sunset;

  (b) No Fee: No fee, other than for guide services, shall be charged by the relevant captive cervidae facility for the right to take white-tailed deer or moose;

  (c) Escape or Release: No person may knowingly or intentionally allow wild cervidae at the relevant captive cervidae facility to escape or to be released from the facility;

  (d) Tagging: A person taking a white-tailed deer or moose within the facility shall immediately tag the big game carcass upon taking with a tag provided by the Department. The tag shall be placed on the big game carcass in a location that is open to view. Such tag shall remain on the big game carcass during possession and transportation;

  (e) Legal Means: Any white-tailed deer or moose taken by any legal means as prescribed in 10 V.S.A. Appendix § 37;

  (f) License: Any person taking an animal within the relevant captive hunt facility shall possess a valid and current Vermont hunting license;

  (g) No Limit: There is no possession limit on persons taking white-tailed deer or moose within the facility so long as it is properly tagged under this rule. The annual deer limit contained in 10 V.S.A. App. § 37, and any moose hunting limit contained in 10 V.S.A. App. § 33 shall not apply to white-tailed deer and moose legally taken under this rule.

  8.0 Percentages of White-tailed Deer and Moose to be Taken Per Year.

  8.1 September 1, 2011 - August 31, 2012

  (a) White-Tailed Deer

  (i) Antlerless: 55% of antlerless deer

  (ii) Antlered: 55% of adult males (bucks)

  (b) Moose: 50% of all the moose

  8.2 September 1, 2012 - August 31, 2013

  (a) White-Tailed Deer

  (i) Antlerless: 65% of antlerless deer

  (ii) Antlered: 65% of adult males (bucks)

  (b) Moose: 50% of all the moose

  8.3 September 1, 2013 - August 31, 2014

  (a) 100% of the remaining deer

  (b) 100% of the remaining moose8

  9.0 Posting.

  9.1 Pursuant to Act 54, the owner of the relevant captive cervidae facility may post his or her land according to 10 V.S.A. § 5201 and may restrict access to the facility for hunting. (Added 2012, Fish and Wildlife Board Reg., eff. Nov. 23, 2011.)

  6 Repealed by Act 54, Section 5.

  7 These recording keeping and reporting requirements mirror those found in 10 V.S.A. App. § 19 and are repeated here to meet the requirements of Act 54.

  8 Consistent with Act 54, Sec. 5 (c)(2)(B)(i)(I).

• § 20. Aerial Hunting

  1.0 Authority

  This rule is adopted pursuant to 10 V.S.A. § 4081(a). In adopting this rule, the Fish and Wildlife Board is following the policy established by the general assembly that the protection, propagation, control, management, and conservation of fish, wildlife and furbearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance. In accordance with 10 V.S.A § 4084(a)(4), the Fish and Wildlife Board has the authority to prescribe the manner and means of taking any species or variety, and including reporting and tagging of game.

  2.0 Purpose

  The purpose of this rule is to restrict the taking of wild animals by use of aircraft and drones.

  3.0 Definitions3.1 “Aircraft” means a contrivance used for navigation of or flight in the air and specifically includes, but is not limited to, planes, helicopters, hang-gliders, hot air balloons and any other device that allows a person to fly or hover above the ground.

  3.2 “Take or taking” as defined in 10 V.S.A. § 4001: pursuing, shooting, hunting, killing, capturing, trapping, snaring and netting fish, birds and quadrupeds and all lesser acts, such as disturbing, harrying or worrying or wounding or placing, setting, drawing or using any net or other device commonly used to take fish or wild animals, whether they result in the taking or not; and shall include every attempt to take and every act of assistance to every other person in taking or attempting to take fish or wild animals, provided that when taking is allowed by law, reference is had to taking by lawful means and in lawful manner.

  3.3 “Unmanned aerial vehicle” means any device capable of flying in the air which is remotely, automatically or otherwise piloted without an occupant, including but not limited to drones.

  3.4 “Wild animal” as defined in 10 V.S.A. § 4001: all animals, including birds, fish, amphibians, and reptiles, other than domestic animals.

  4.0 Aerial Hunting and Taking Prohibitions; Generally.

  4.1 It shall be unlawful for any person to take or attempt to take wild animals while a person is in an aircraft.

  4.2 It shall be unlawful for any person to take or attempt to take wild animals by use of an UAV.

  4.3 It shall be unlawful for any person within an aircraft, or with the use of a drone or UAV, to:

  (a) attempt to locate, surveil, or aid or assist in attempting to locate or surveil any wild animal, for the purpose of taking or attempting to take the wild animal; or

  (b) drive or harass any wild animal, or otherwise aid or assist in taking or attempting to take a wild animal.

  5.0 Authorized Exceptions.

  Nothing in this rule shall be construed to relieve or modify the requirement to comply with applicable state and federal regulations, regarding aircraft and UAVs or, to apply to qualified personnel carrying out their lawful duties, in compliance with applicable state and federal regulations and permits, regarding aircraft and “UAVs”. (Added 2015, Fish and Wildlife Board Reg., eff. Mar. 14, 2015.)

• Subchapter 002: Birds

• § 21. Seasons, bag limits

  Game birds of the species listed in column one of the Table set forth below may be taken during the period specified in column two in the number specified in column three, and may be possessed only in the numbers specified in column three as “possession limits.”

  Column One	Column Two	Column Three
  BIRD	SEASON	BAG LIMIT
  (a) Migratory game birds, all species	In accordance with Federal regulations	In accordance with Federal regulations
  (b) Partridge (ruffed grouse)	Last Saturday in September to December 31, inclusive	4 daily limit
  		8 possession limit
  (c) Pheasant	Last Saturday in September to December 31, inclusive	2 daily limit
  		4 possession limit
  (d) Wild Turkey	see § 22, post	see § 22, post
  (e) Quail	Last Saturday in September to last Thursday before regular deer season, inclusive	4 daily limit
  		8 possession limit
  (1) Bobwhite Quail	No closed season	None
  (f) Chukar	No closed season	None
  Partridge
  (g) Others	No open season
  (h) Crow	Friday through Monday only, inclusive, January 15 — April 11 and August 19 — December 19	No limit

  (Added 1961, No. 119, § 2, eff. May 9, 1961; amended 1963, Fish and Game Board Reg. No.—, eff. Aug. 23, 1963; 1965, Fish and Game Board Reg. No.—, eff. Sept. 13, 1965; 1968, Fish and Game Board Reg. No.—, eff. Jan. 6, 1968; 1975, Fish and Game Board Reg. No. 891, eff. Sept. 1, 1975; 1978, Fish and Game Board Reg. No. 908, eff. Oct. 31, 1978; 1980, Fish and Game Board Reg. No. 921, eff. Jan. 1, 1981; 1980, Fish and Game Board Reg. No. 922, eff. Oct. 27, 1980; 1984, Fish and Wildlife Board Reg. No. 952, eff. Sept. 17, 1984; 1989, Fish and Wildlife Board Reg. No. 979, eff. Nov. 24, 1989; 1991, Fish and Wildlife Board Reg. No. 988, eff. Sept. 1991; 2015, Fish and Wildlife Board Reg., eff. January 1, 2016.)

• § 22. Turkey Seasons

  1.0 Authority

  1.1 This rule is adopted pursuant to 10 V.S.A. § 4081(a). In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and furbearing animals in this State is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance.

  1.2 In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of the turkey flock.

  1.3 In accordance with 10 V.S.A. § 4084, this rule establishes daily, season and possession limits for game, territorial limits, and the manner and means of taking; to establish territorial limits for the taking of turkeys; and to establish restrictions on taking based upon sex, maturity or other physical distinction.

  2.0 Purpose The purpose of this regulation is to establish seasons for the taking of turkeys, to establish open Wildlife Management Units (WMUs) for the taking of turkeys, to establish methods of taking turkeys and to establish limits on the number of turkeys to be taken.

  3.0 Definitions.

  3.1 “Commissioner” means the Commissioner of the Vermont Fish and Wildlife Department.

  3.2 “Crossbow” means a device consisting of a bow mounted to a rigid stock for discharging bolts or arrows and having a mechanical means to hold and release the drawn string, which must be fired from the shoulder. A bolt means a short projectile for a crossbow that resembles an arrow and has a head that measures no less than 7/8 inch at its widest point. A crossbow shall have a minimum pull of 125 pounds, a working mechanical safety and a stock no less than 23 inches in length.

  3.3 “Legal means” means the taking of a turkey by shotgun, crossbow, or archery equipment in conformance with Section 6 of this rule.

  3.4 “Novice” means a person who obtained their first hunting license within the past 12 months and is 16 years of age or older.

  3.5 “Wildlife Management Unit” (WMU) means one of 21 geographical areas in Vermont for which big game regulations may vary.

  3.6 “Youth” means a person who is 15 years of age or younger.

  4.0 Spring Season.

  4.1 Dates: May 1, through May 31, inclusive.

  4.2 Shooting hours: One-half hour before sunrise to twelve noon.

  4.3 Legal turkey: Only wild turkeys with beard(s).

  4.4 Bag Limit: Two bearded wild turkeys per person per season.

  4.5 Open WMUs: Open statewide

  5.0 Fall Season.

  5.1 Dates and Open WMU’s.

  (a) Bow and Arrow, and crossbow only:

  (1) Dates: From the 1st Saturday in October to the beginning of the shotgun/bow and arrow/crossbow season.

  (2) Open WMUs: Open Statewide

  (b) Shotgun/Bow & Arrow/Crossbow Season

  (1) Dates: Nine consecutive days beginning 21 days prior to the regular deer season, inclusive.

  (2) Open WMUs: B, D, G, H, I, J, L, M, O, P, and Q and their respective subunits.

  (c) Shotgun/Bow & Arrow/Crossbow Season

  (1) Dates: For 16 consecutive days beginning 21 days prior to the regular deer season, inclusive.

  (2) Open WMUs: subunits: WMUs F, K, and N and their respective subunits:.

  5.2 Shooting hours: One-half hour before sunrise to one-half hour after sunset.

  5.3 Legal Turkey: Any wild turkey.

  5.4 Bag limit: One turkey per person.

  6.0 Legal Method of Taking:

  6.1 Only a shotgun, crossbow, or bow and arrow may be used.

  6.2 Only number 2 or smaller size shot shall be used or possessed.

  6.3 An arrowhead must be at least 7/8th of an inch in width and have two or more cutting edges.

  6.4 Rifles shall not be used or carried by any person while hunting turkeys. A person taking a turkey with a crossbow or bow and arrow may carry a handgun in accordance with 10 V.S.A. § 4252(b), however, that person may not use the handgun to take turkey.

  6.5 No person shall use dogs in the spring, nor electronic calling devices, bait, live decoys, or participate in cooperative drives during either season.

  6.6 Any person wishing to hunt turkey with a crossbow or bow and arrow must hold proof of having held an archery license or a certificate of satisfactory completion of a bowhunter education course from Vermont or another state or province of Canada which is approved by the Commissioner.

  6.7 Unless it is uncocked, a person shall not possess or transport a crossbow in or on a motor vehicle, motorboat, airplane, snowmobile, or other motor-propelled vehicle except as permitted in accordance with 10 V.S.A. § 4705.

  7.0 Youth Turkey Hunting Weekend

  7.1 Youth turkey hunting weekend shall be the Saturday and Sunday prior to opening day of spring turkey season on May 1. Legal shooting hours shall be one half hour before sunrise until 5 p.m.

  7.2 Legal Turkey: Only bearded turkeys may be taken.

  7.3 Bag limit: One bearded turkey per youth. A youth may also hunt during the spring season and take two bearded turkeys during that season.

  7.4 To participate in the youth turkey hunt, a qualified youth must be 15 years of age or younger and have a valid Vermont hunting and turkey license and a youth turkey hunting weekend license.

  7.5 The youth must be accompanied by an unarmed adult who hold a valid Vermont hunting license and who is 18 years of age or older. An adult accompanying a youth under this section shall accompany no more than two young people at one time. As used in this section, “accompany,” “accompanied,” or “accompanying” means direct control and supervision, including the ability to see and communicate with the youth hunter without the aid of artificial devices such as radios or binoculars, except for medically necessary devices such as hearing aids or eyeglasses.

  7.6 No youth shall hunt under this section on privately owned land without first obtaining the permission of the owner or occupant.

  8.0 Novice Turkey Hunting Weekend

  8.1 Novice Turkey Hunting Weekend: This season shall be concurrent with the Youth Turkey Hunting Weekend as prescribed in 10 V.S.A. § 4908 and section 7.1 of this rule.

  8.2 Limit: One bearded turkey per novice. A novice may also hunt during the spring season and take two bearded turkeys during that season.

  8.3 To participate in the novice turkey hunting weekend, a qualified person must have a valid Vermont hunting and turkey license and a novice turkey hunting weekend license and follow the requirements of youth turkey hunting weekend.

  8.4 The novice must be accompanied by an unarmed adult who holds a valid Vermont hunting license and who is 18 years of age or older. An adult accompanying a novice under this section shall accompany no more than two novice hunters at one time. As used in this section, “accompany,” :accompanied,” or “accompanying” means direct control and supervision, including the ability to see and communicate with the novice hunter without the aid of artificial devices such as radios or binoculars, except for medically necessary devices such as hearing aids or eyeglasses.

  8.5 No novice shall hunt under this section on privately owned land without first obtaining the permission of the owner or occupant. (Added 1982, Fish and Game Board Reg. No. 938, §§ 1-3, eff. Jan. 1, 1983; amended 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1985, Fish and Wildlife Board Reg. No. 956, eff. March 7, 1985; 1985, Fish and Wildlife Board Reg. No. 957, eff. July 5, 1985; 1987, Fish and Wildlife Board Reg. No. 957, eff. Jan. 1, 1987; 1988, Fish and Wildlife Board Reg. No. 974, eff. April 12, 1988; 1990, Fish and Wildlife Board Reg. No. 981, eff. April 27, 1990; 1992, Fish and Wildlife Board Reg. No. 981, eff. November 14, 1992; 1993, Fish and Wildlife Board Reg. No. 996, eff. April 22, 1993; 1993, Fish and Wildlife Board Reg. No. in subsec. (E) 1007, eff. Feb. 13, 1994; 1998, Fish and Wildlife Board Reg. No. 1007, eff. April 3, 1998; 1999, Fish and Wildlife Board Reg. No. 1007, eff. Feb. 17, 1999; 2002, Fish and Wildlife Board Reg. No. 1007, eff. Aug. 3, 2002; 2003, Fish and Wildlife Board Reg. No. 1007a, eff. Feb. 12, 2003, 2003, Fish and Wildlife Board Reg. No. 1007, eff. March 5, 2004, 2010, Fish and Wildlife Board Reg. eff. July 9, 2010; 2015, Fish and Wildlife Board Reg., eff. Jan. 1, 2016; 2016, Fish and Wildlife Board Reg., eff. Jan. 1, 2017; 2019, Fish and Wildlife Board Reg., eff. Jan. 1, 2020; 2020, Fish and Wildlife Board Reg., eff Oct. 15, 2020.)

• § 22a. Taking of turkey doing damage

  (a) A landowner, or the landowner’s authorized agent, with prior approval from a Game Warden, may take, on land owned or occupied by the landowner and not posted except as provided in 10 V.S.A. § 4710, a turkey which the landowner can prove, has repeatedly, or may continue to substantially damage the following:

  (1) a crop bearing plant; or

  (2) a crop, except grass; or

  (3) a crop which has been harvested and stored.

  (b) A landowner may designate one individual who holds a resident Vermont hunting license as an agent to take a turkey doing damage, pursuant to subsection (A) of this section, on the landowner’s behalf. A landowner may not offer or accept any form of payment to or from a person designated as an agent under this subsection except as allowed in subsection (E) of this section.

  (c) The landowner shall immediately report the wounding or killing of a turkey under this section to a Game Warden. Within 12 hours of said wounding or killing of a turkey under this section, the landowner or person who performed the act shall submit a written, signed report relating the date, time, place and reason for the wounding or killing to a Game Warden.

  (d) A person who kills the turkey shall immediately properly dress the carcass and care for the meat.

  (e) The Game Warden shall immediately investigate the case and if satisfied that the turkey was taken as provided in this section, the Warden shall give the landowner a certificate of his or her finding in the matter. The certificate shall entitle the landowner to the ownership of the carcass. The landowner may not sell or give away the carcass except to offer all or a portion of it to the agent designated under subsection (B) of this section as compensation for killing the turkey. Any carcass not desired for home consumption in the household of the certificate holder or designated agent shall be turned over to a Game Warden. (Added 2002, Fish and Wildlife Board Reg. No. 1007a, eff. Sept. 7, 2002.)

• § 23. Methods of taking, possessing and transporting migratory game birds

  1.0 Scope of Regulations.

  (a) In general. The regulations contained in this section relate only to the hunting of migratory game birds, and crows.

  (b) Procedural and substantive requirements. Migratory game birds may be taken, possessed, transported, shipped, exported, or imported only in accordance with the restrictions, conditions, and requirements contained in this section. Crows may be taken, possessed, transported, exported, or imported only in accordance with subsections 32.0 through 34.0 of this section.

  2.0 Relation to Other Provisions.

  2.1 Migratory bird hunting stamps. The provisions of this section are in addition to the provisions of the Migratory Bird Hunting Stamp Act of 1934 (48 Stat. 451, as amended; 16 U.S.C. 718a).

  2.2 National wildlife refuges. The provisions of this section are in addition to, and are not in lieu of, any other provision of law respecting migratory game birds under the National Wildlife Refuge System Administration Act of 1966 (80 Stat. 927, as amended; 16 U.S.C. 668dd) or any regulation made pursuant thereto.

  2.3 Each person hunting migratory game birds in Vermont shall annually register with the Vermont Department of Fish and Wildlife’s Harvest Information Program (H.I.P.), and must be able to provide proof of the H.I.P. registration.

  3.0 Definitions. For the purpose of this section, the following terms shall be construed, respectively, to mean and to include:

  3.1 “Migratory game birds” means those migratory birds included in the terms of conventions between the United States and any foreign country for the protection of migratory birds, for which open seasons are prescribed in this section and belong to the following families:

  (i) Anatidae (ducks, geese, brant, and swans);

  (ii) Columbidae (doves and pigeons);

  (iii) Gruidae (little brown cranes);

  (iv) Rallidae (rails, coots, and gallinules); and

  (v) Scolpacidae (woodcock and snipe).

  3.2 “Open season” means the days on which migratory game birds may lawfully be taken. Each period prescribed as an open season shall be construed to include the first and last days thereof.

  3.3 “Closed season” means the days on which migratory game birds shall not be taken.

  3.4 “Daily bag limit” means the maximum number of migratory game birds permitted to be taken by one person in any one day during the open season in any one specified geographic area for which a daily bag limit is prescribed.

  3.5 “Possession limit” means the number of migratory game birds permitted to be possessed by any one person when lawfully taken in the state for which a possession limit is prescribed.

  3.6 “Personal abode” means one’s principal or ordinary home or dwelling place, as distinguished from his or her temporary or transient place of abode or dwelling such as a hunting club, or any club house, cabin, tent, or trailer house used as a hunting club, or any hotel, motel, or rooming house used during a hunting, pleasure, or business trip.

  3.7 “Migratory bird preservation facility” means:

  (i) Any person who, at his or her residence or place of business and for hire or other consideration; or

  (ii) Any taxidermist, cold-storage facility or locker plant which, for hire or other consideration; or

  (iii) Any hunting club which, in the normal course of operations, receives, possesses, or has in custody any migratory game birds belonging to another person for purposes of picking, cleaning, freezing, processing, storage, or shipment.

  3.8 “Paraplegic” means an individual afflicted with paralysis of the lower half of the body with involvement of both legs usually due to disease of or injury to the spinal cord.

  3.9 “Nontoxic shot” includes steel, bismuth/tin, tungsten/iron, tungsten/polymer, tungsten/matrix, tungsten/nickel/iron, tungsten/iron/nickel/tin, tungsten/bronze, tungsten/tin/bismuth, tungsten/iron/copper/nickel, tungsten/tin/iron, or other shot approved by the U.S. Fish and Wildlife Service.

  4.1 With a trap, snare, net, crossbow, rifle, pistol, swivel gun, shotgun larger than 10 gauge, punt gun, battery gun, machinegun, fish hook, poison, drug, explosive, or stupefying substance;

  4.2 With a shotgun of any description capable of holding more than three shells, unless it is plugged with an on-piece filler, incapable of removal without disassembling the gun, so its total capacity does not exceed three shells;

  4.3 From or by means, aid, or use of a sinkbox or any other type of low floating device, having a depression affording the hunter a means of concealment beneath the surface of the water;

  4.4 From or by means, aid, or use of any motor vehicle, motor-driven land conveyance, or aircraft of any kind, except that paraplegics and persons missing one or both legs may take from any stationary motor vehicle or stationary motor-driven land conveyance;

  4.5 From or by means of any motorboat or other craft having a motor attached, or any sailboat, unless the motor has been completely shut off and/or the sails furled, and its progress therefrom has ceased: Provided, That a craft under power may be used to retrieve dead or crippled birds; however, crippled birds may not be shot from such craft under power;

  4.6 By the use or aid of live birds as decoys; although not limited to, it shall be a violation of this paragraph for any person to take migratory waterfowl on an area where tame or captive live ducks or geese are present unless such birds are and have been for a period of 10 consecutive days prior to such taking, confined within an enclosure which substantially reduces the audibility of their calls and totally conceals such birds from the sight of wild migratory waterfowl;

  4.7 By the use or aid of recorded or electrically amplified bird calls or sounds, or recorded or electrically amplified imitations of bird calls or sounds;

  4.8 By means or aid of any motor-driven land, water, or air conveyance, or any sailboat used for the purpose of or resulting in the concentrating, driving, rallying, or stirring up of any migratory bird; or

  4.9 By the aid of baiting, or on or over any baited area. As used in this paragraph, “baiting” shall mean the placing, exposing, depositing, distributing, or scattering of shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed so as to constitute for such birds a lure, attraction or enticement to, on, or over any areas where hunters are attempting to take them; and “baited area” means any area where shelled, shucked, or unshucked corn, wheat or other grain, salt or other feed whatsoever capable of luring, attracting, or enticing such birds is directly and indirectly placed, exposed, deposited, distributed, or scattered; and such area shall remain a baited area for 10 days following complete removal of all such corn, wheat or other grain, salt, or other feed. However, nothing in this paragraph shall prohibit:

  (i) The taking of all migratory game birds, including waterfowl, on or over standing crops, flooded standing crops (including aquatics), flooded harvested croplands, grain crops properly shocked on the field where grown, or grains found scattered solely as the result of normal agricultural planting or harvesting; and

  (ii) The taking of all migratory game birds, except waterfowl, on or over any lands where shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed has been distributed or scattered as the result of bona fide agricultural operations or procedures, or as a result of manipulation of a crop or other feed on the land where grown for wildlife management purposes: Provided, that manipulation for wildlife management purposes does not include the distributing or scattering of grain or other feed once it has been removed from or stored on the field where grown.

  4.10 Prohibition on Toxic Shot:

  (i) No person shall take waterfowl or coots while possessing loose shot or shot shells loaded with shot other than nontoxic shot, and then of a shot size no larger than size T.

  (ii) No person shall take an aggregate or combination of waterfowl/coots and other species while possessing loose shot or shot shell loaded with shot other than nontoxic shot.

  4.0 Hunting Methods. Migratory birds on which open seasons are prescribed in this section may be taken by any method except those prohibited in this section. No person shall take migratory game birds:

  5.0 Closed Seasons. No person shall take migratory game birds during the closed season.

  6.0 Shooting Hours. No person shall take migratory game birds except during the hours open to shooting.

  7.0 Daily Limit. No person shall take in any one calendar day, more than the daily bag limit or aggregate daily bag limit, whichever applies.

  8.0 Wanton Waste Of Migratory Game Birds. No person shall kill or cripple any migratory game bird pursuant to this section without making a reasonable effort to retrieve the bird, and retain it in his or her actual custody, at the place where taken or between that place and either (1) his or her automobile or principal means of land transportation; or (2) his or her personal abode or temporary or transient place of lodging; or (3) a migratory bird preservation facility; or (4) a post office; or (5) a common carrier facility.

  9.0 Possession Prohibitions. No person shall at any time, by any means, or in any manner, possess or have in custody any migratory game bird or part thereof, taken in violation of any provision of subsections 4.0 through 8.0 of this section.

  10.0 During Closed Season. No person shall possess any freshly killed migratory game birds during the closed season.

  11.0 Possession Limit. No person shall possess more migratory game birds taken in this State than the possession limit or the aggregate possession limit, whichever applies.

  12.0 Opening Day of a Season. No person on the opening day of the season shall possess any freshly killed migratory game birds in excess of the daily bag limit.

  13.0 Field Possession Limit. No person shall possess, have in custody, or transport more than the daily bag limit of migratory game birds, tagged or not tagged, at or between the place where taken and either (1) his automobile or principal means of land transportation; or (2) his personal abode or temporary or transient place of lodging; or (3) a migratory bird preservation facility; or (4) a post office; or (5) a common carrier facility.

  14.0 Tagging Requirement. No person shall put or leave any migratory game birds at any place (other than at his or her personal abode), or in the custody of another person for picking, cleaning, processing, shipping, transportation, or storage (including temporary storage), or for the purpose of having taxidermy services performed, unless such birds have a tag attached, signed by the hunter, stating his or her address, the total number and species of birds, and the date such birds were killed. Migratory game birds being transported in any vehicle as the personal baggage of the possessor shall not be considered as being in storage or temporary storage.

  15.0 Custody of Birds of Another. No person shall receive or have in custody any migratory game birds belonging to another person unless such birds are tagged as required by subsection 14.0 of this section.

  16.0 Possession of Live Birds. Every migratory game bird wounded by hunting and reduced to possession by the hunter shall be immediately killed and become a part of the daily bag limit. No person shall at any time, or by any means, possess or transport live migratory game birds taken under authority of this section.

  17.0 Termination of Possession. Subject to all other requirements of this section, the possession of birds taken by any hunter shall be deemed to have ceased when such birds have been delivered by him or her to another person as a gift; or have been delivered by him or her to a post office, a common carrier, or a migratory bird preservation facility and consigned for transport by the U.S. Postal Service or a common carrier to some person other than the hunter.

  18.0 Gift of Migratory Game Birds. No person may receive, possess, or give to another, any freshly killed migratory game birds as a gift, except at the personal abodes of the donor or donee, unless such birds have a tag attached, signed by the hunter who took the birds, stating such hunter’s address, the total number and species of birds, and the date such birds were taken.

  19.0 Transportation Prohibitions. No person shall at any time, by any means, or in any manner, transport any migratory game bird or part thereof, taken in violation of any provision of subsections 4.0 through 8.0 of this section.

  20.0 Birds of Another. No person shall transport migratory game birds belonging to another person unless such birds are tagged as required by subsection (14.0) of this section.

  21.0 Species Identification Requirement. No person shall transport within the United States any migratory game birds, except doves and band-tailed pigeons (Columba fasciata), unless the head or one fully feathered wing remains attached to each such bird at all times while being transported from the place where taken until they have arrived at the personal abode of the possessor or a migratory bird preservation facility.

  22.0 Marking Package or Container. No person shall transport by the U.S. Postal Service or a common carrier migratory game birds unless the package or container in which such birds are transported has the name and address of the shipper and the consignee and an accurate statement of the numbers of each species of birds therein contained clearly and conspicuously marked on the outside thereof.

  23.0 Exportation Prohibitions. No person shall at any time, by any means, or in any manner, export or cause to be exported, any migratory game bird or part thereof, taken in violation of any provision of subsections 4.0 through 8.0 of this section.

  24.0 Species Identification Requirement. No person shall export migratory game birds unless one fully feathered wing remains attached to each such bird while being transported from the United States and/or any of its possessions to any foreign country.

  25.0 Marking Package or Container. No person shall export migratory game birds via the U.S. Postal Service or a common carrier unless the package or container has the name and address of the shipper and the consignee and an accurate statement of the numbers of each species of birds therein contained clearly and conspicuously marked on the outside thereof.

  26.0 Importation Limits. No person shall import migratory game birds in excess of the following importation limits:

  26.1 Doves and Pigeons.

  (i) From any foreign country except Mexico, during any one calendar week beginning on Sunday, not to exceed 25 doves, singly or in the aggregate of all species, and 10 pigeons, singly or in the aggregate of all species.

  (ii) From Mexico, not to exceed the maximum number permitted by Mexican authorities to be taken in any one day: Provided, that if the importer has his or her Mexican hunting permit date-stamped by appropriate Mexican wildlife authorities on the first day he or she hunts in Mexico, he or she may import the applicable Mexican possession limit corresponding to the days actually hunted during that particular trip.

  26.2 Waterfowl.

  (i) From any foreign country except Canada and Mexico, during any one calendar week beginning on Sunday, not to exceed 10 ducks, singly or in the aggregate of all species, and five geese including brant, singly or in the aggregate of all species.

  (ii) From Canada, not to exceed the maximum number permitted to be exported by Canadian authorities.

  (iii) From Mexico, not to exceed the maximum number permitted by Mexican authorities to be taken in any one day: Provided, that if the importer has his or her Mexican hunting permit date-stamped by appropriate Mexican wildlife authorities on the first day he or she hunts in Mexico, he or she may import the applicable Mexican possession limit corresponding to the days actually hunted during that particular trip.

  27.0 Birds of Another. No person shall import migratory game birds to another person.

  28.0 Species Identification Requirement. No person shall import migratory game birds unless each such bird has one fully feathered wing attached, and such wing must remain attached while being transported between the port of entry and the personal abode of the possessor or between the port of entry and a migratory bird preservation facility.

  29.0 Foreign Export Permits. No person shall import, possess or transport, any migratory game birds killed in a foreign country unless such birds are accompanied by export permits, tags, or other documentation required by applicable foreign laws or regulations.

  30.0 Processing Requirement. No person shall import migratory game birds killed in any foreign country, except Canada, unless such birds are dressed (except as required in subsection 28.0), drawn, and the head and feet are removed: Provided, That this shall not prohibit the importation of legally taken, fully feathered migratory game birds consigned for mounting purposes to a taxidermist who holds a current taxidermist permit and who is also licensed by the U.S. Department of Agriculture to decontaminate such birds.

  31.0 Marking of Package or Container. No person shall import migratory game birds via the U.S. Postal Service or a common carrier unless the package or container has the name and address of the shipper and the consignee and an accurate statement of the numbers of each species of birds therein contained clearly and conspicuously marked on the outside thereof.

  32.0 Violation of Federal Law. No person shall at any time, by any means or in any manner, take, possess, transport, or export any migratory bird, or any part, nest, or egg of any such bird, in violation of any act of Congress or any regulation issued pursuant thereto.

  33.0 Violation of State Law. No person shall at any time, by any means or in any manner, take, possess, transport, or export any migratory bird, or any part, nest, or egg of any such bird, in violation of any applicable law or regulation of any state.

  34.0 Violation of Foreign Law. No person shall at any time, by any means, or in any manner, import, possess, or transport, any migratory bird, or any part, nest, or egg of any such bird taken, bought, sold, transported, possessed, or exported contrary to any applicable law or regulation of any foreign country, or state or province thereof.

  35.0 Tagging Requirement. No migratory bird preservation facility shall receive or have in custody any migratory game birds unless such birds are tagged as required by subsection 14.0 of this section.

  36.0 Records Required.

  36.1 No migratory bird preservation facility shall:

  (A) Receive or have in custody any migratory game bird unless accurate records are maintained which can identify each bird received by, or in the custody of, the facility by the name of the person from whom the bird was obtained, and show (i) the number of each species; (ii) the location where taken; (iii) the date such birds were received; (iv) the name and address of the person from whom such birds were received; (v) the date such birds were disposed of; and (vi) the name and address of the person to whom such birds were delivered, or

  (B) Destroy any records required to be maintained under this section for a period of one year following the last entry on the record.

  36.2 Record keeping as required by this section will not be necessary at hunting clubs which do not fully process migratory birds by removal of both the head and wings.

  37.0 Inspection of Premises. No migratory bird preservation facility shall prevent any person authorized to enforce this section from entering such facilities at all reasonable hours and inspecting the records and the premises where such operations are being carried.

  38.0 Commercial Use of Feathers. Any person may possess, purchase, sell, barter, or transport for the making of fishing flies, bed pillows, and mattresses, and for similar commercial uses the feathers of migratory waterfowl (ducks, geese, brant, and swans) killed by hunting pursuant to this section, or seized and condemned by federal or state game authorities, except that:

  38.1 No person shall purchase, sell, barter, or offer to purchase, sell, or barter for millinery or ornamental use the feathers of migratory game birds taken under authority of this section; and

  38.2 No person shall purchase, sell, barter, or offer to purchase, sell, or barter mounted specimens of migratory game birds taken under authority of this section.

  39.0 Personal Use of Feathers or Skins. Any person for his or her own use may possess, transport, ship, import, and export without a permit the feathers and skins of lawfully taken migratory game birds. (Added 1983, Fish and Game Board Reg. No. 940, eff.; amended 2010, Fish and Wildlife Board Reg. eff. May 18, 2010.)

• § 23a. Spring Snow Goose Conservation Order

  1.0 Authority1.1 This rule is adopted pursuant to 10 V.S.A. § 4081(a). In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and furbearing animals in this State is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance.

  1.2 The Board’s authority to permit the taking of migratory game birds is found at 10 V.S.A. § 4082(b) and at 50 CFR, Parts 20 and 21.

  2.0 Purpose The purpose of this regulation is to establish a Spring Conservation Order for harvesting of snow and Ross’ geese. The United Fish and Wildlife Service has issued a Conservation Order with the intent to decrease the population of light geese due to an overabundance of these species. Specifically, “[v]arious populations of light geese (greater and lesser snow geese and Ross’s geese) have undergone rapid growth during the past 30 years, and have become seriously injurious to their habitat, habitat important to other migratory birds, and agricultural interests. The U.S. Fish and Wildlife Service believes that several of these populations have exceeded the long term carrying capacity of their breeding and/or migration habitats and must be reduced.” The USFWS has set “forth regulations that authorize measures to increase harvest of certain populations of light geese.” This rule implements this directive.

  3.0 Definitions3.1 “Daily bag limit” means the maximum number of geese permitted to be taken by one person in any one day during the open season in any one specified geographic area for which a daily bag limit is prescribed.

  3.2 “Possession limit” means the number of geese permitted to be possessed by any one person when lawfully taken in the State for which a possession limit is prescribed.

  3.3 “Commissioner” means the Commissioner of the Vermont Fish and Wildlife Department.

  3.4 “Conservation order” means a special management action that is needed to control certain wildlife populations when traditional management programs are unsuccessful in preventing overabundance of the population.

  3.5 “Department” means the Vermont Fish and Wildlife Department.

  3.6 “Light goose” refers collectively to greater and lesser snow geese and Ross’s geese.

  3.7 “Legal means” means the taking by the means described in Section 8.0 of this rule.

  3.8 “Permit” means a document issued by the Department authorizing the taking of snow geese.

  4.0 Species Subject to the Conservation Order Greater snow (Chen caerulescens atlantica), lesser snow ( C. c. caerulescens), and Ross’s (C. rossii ) geese that breed, migrate, and winter in North America.

  5.0 Open Season5.1 Season Dates: March 11 - Friday before Youth Turkey Hunting Weekend, annually.

  6.0 Bag Limits and Possession Limits6.1 Daily Bag Limit: 15 geese

  6.2 Possession Limit: No limit

  7.0 License and Stamp Requirements7.1 Any person harvesting geese under this rule shall:

  (a) Possess and carry a valid Vermont State hunting license;

  (b) Possess and carry a valid Vermont Migratory Waterfowl Stamp;

  (c) Possess and carry a valid Federal Migratory Bird Hunting Stamp;

  (d) Possess and carry a valid Vermont Snow Goose Conservation Order Permit; and

  (e) Possess and carry proof of Harvest Information Program (HIP) Registration.

  8.0 Hunting Methods8.1 Light geese on which open seasons are prescribed in this section may be taken by any method except those prohibited in this section. No person shall take migratory game birds:

  (a) With a trap, snare, net, crossbow, rifle, pistol, swivel gun, shotgun larger than 10 gauge, punt gun, battery gun, machinegun, fish hook, poison, drug, explosive, or stupefying substance;

  (b) From or by means, aid, or use of a sinkbox or any other type of low floating device, having a depression affording the hunter a means of concealment beneath the surface of the water;

  (c) From or by means, aid, or use of any motor vehicle, motor-driven land conveyance, or aircraft of any kind, except that paraplegics and persons missing one or both legs may take from any stationary motor vehicle or stationary motor-driven land conveyance;

  (d) From or by means of any motorboat or other craft having a motor attached, or any sailboat, unless the motor has been completely shut off and/or the sails furled, and its progress therefrom has ceased: Provided, that a craft under power may be used to retrieve dead or crippled birds; however, crippled birds may not be shot from such craft under power;

  (e) By the use or aid of live birds as decoys; although not limited to, it shall be a violation of this paragraph for any person to take migratory waterfowl on an area where tame or captive live ducks or geese are present unless such birds are and have been for a period of 10 consecutive days prior to such taking, confined within an enclosure which substantially reduces the audibility of their calls and totally conceals such birds from the sight of wild migratory waterfowl;

  (f) By means or aid of any motor-driven land, water, or air conveyance, or any sailboat used for the purpose of or resulting in the concentrating, driving, rallying, or stirring up of any migratory bird; or

  (g) By the aid of baiting, or on or over any baited area. As used in this subsection, “baiting” shall mean the placing, exposing, depositing, distributing, or scattering of shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed so as to constitute for such birds a lure, attraction or enticement to, on, or over any areas where hunters are attempting to take them; and “baited area” means any area where shelled, shucked, or unshucked corn, wheat or other grain, salt or other feed whatsoever capable of luring, attracting, or enticing such birds is directly and indirectly placed, exposed, deposited, distributed, or scattered; and such area shall remain a baited area for 10 days following complete removal of all such corn, wheat or other grain, salt, or other feed. However, nothing in this subsection shall prohibit:

  (i) The taking of all migratory game birds, including waterfowl, on or over standing crops, flooded standing crops (including aquatics), flooded harvested croplands, grain crops properly shocked on the field where grown, or grains found scattered solely as the result of normal agricultural planting or harvesting; and

  (ii) The taking of all migratory game birds, except waterfowl, on or over any lands where shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed has been distributed or scattered as the result of bona fide agricultural operations or procedures, or as a result of manipulation of a crop or other feed on the land where grown for wildlife management purposes: Provided, that manipulation for wildlife management purposes does not include the distributing or scattering of grain or other feed once it has been removed from or stored on the field where grow

  8.2 Nontoxic Shot

  (a) No person shall take light geese while possessing loose shot or shot shells loaded with shot other than nontoxic shot.

  (b) Approved nontoxic shots include: steel, bismuth/tin, tungsten/iron, tungsten/polymer, tungsten/matrix, tungsten/nickel/iron, tungsten/iron/nickel/tin, tungsten/bronze, tungsten/tin/bismuth, tungsten/iron/copper/nickel, tungsten/tin/iron, or other shot approved by the U.S. Fish and Wildlife Service.

  8.3 Allowed Special Measures Notwithstanding the provisions of section 23 of this title, the following special measures may be used when harvesting light geese under this rule:

  (a) Unplugged shotguns (that can accommodate more than three shells);

  (b) Electronic calls.

  9.0 Shooting Hours Notwithstanding the provisions of section 23 of this title, the legal shooting hours under this rule are: one-half hour before legal sunrise to one-half hour after legal sunset.

  10.0 Wanton waste of migratory game birds No person shall kill or cripple any migratory game bird pursuant to this rule without making a reasonable effort to retrieve the bird, and retain it in his or her actual custody, at the place where taken or between that place and either (1) his or her automobile or principal means of land transportation; or (2) his or her personal abode or temporary or transient place of lodging; or (3) a migratory bird preservation facility; or (4) a post office; or (5) a common carrier facility.

  11.0 Other Applicable Laws11.1 All other federal and state laws and regulation relevant to the harvesting of light geese, including: importation, possession, custody, tagging, sale of parts and eggs apply unless otherwise stated herein.

  11.2 No person shall at any time, by any means or in any manner, take, possess, transport, or export any migratory bird, or any part, nest, or egg of any such bird, in violation of any act of Congress or any regulation issued pursuant thereto.

  11.3 No person shall at any time, by any means or in any manner, take, possess, transport, or export any migratory bird, or any part, nest, or egg of any such bird, in violation of any applicable law or regulation of any state.

  12.0 Suspension If the Director of the U.S. Fish and Wildlife Service suspends the Conservation Order, this Rule is automatically suspended. (Added 2010, Fish and Wildlife Board Reg. eff. July 9, 2010.)

• § 23b. Waterfowl Boundary Rule

  1.0 Authority1.1 This rule is adopted pursuant to 10 V.S.A. § 4081. In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and furbearing animals in this State is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance.

  1.2 10 V.S.A. § 4082(a) states: “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 . . .”

  1.3 The Board’s authority to permit the taking of migratory game birds is a found at 10 V.S.A. § 4082(b) and at 50 CFR, Parts 20 and 21.

  2.0 Purpose The purpose of this rule is to establish zones for the taking of waterfowl during the prescribed waterfowl season(s).

  3.0 Zone Descriptions3.1 Lake Champlain Zone: The U.S. portion of Lake Champlain and that area north and west of the line extending from the New York border along U.S. 4 to VT 22A at Fair Haven; VT 22A to U.S. 7 at Vergennes; U.S. 7 to VT 78 at Swanton; VT 78 to VT 36; VT 36 to Maquam Bay on Lake Champlain; along and around the shoreline of Maquam Bay and Hog Island to VT 78 at the West Swanton Bridge; VT 78 to VT 2 in Alburg; VT 2 to the Richelieu River in Alburg; along the east shore of the Richelieu River to the Canadian border.

  3.2 Interior Zone: That portion of Vermont east of the Lake Champlain Zone and west of a line extending from the Massachusetts border at Interstate 91; north along Interstate 91 to US 2; east along US 2 to VT 102; north along VT 102 to VT 253; north along VT 253 to the Canadian border.

  3.3 Connecticut River Zone: The remaining portion of Vermont east of the Interior Zone. The waterfowl season regulations for the Connecticut River Zone will be the same as the New Hampshire Inland Zone and will be set annually by the New Hampshire Fish and Game Department.

  Figure 1. Proposed change in Vermont Waterfowl Zone Boundary. New boundary outlined in red (Added 2011, Fish and Wildlife Board Reg. eff. July 3, 2011.)

• § 24. Repealed.

• § 25. Nongame wildlife species

  (a) A plan for the management of nongame wildlife species in Vermont includes all members of the animal kingdom: mammals, birds, reptiles, amphibians, fish, mollusks, crustaceans, insects, and other invertebrates; and is limited to native species not commonly taken for sport or profit, nor classified as domesticated.

  (b) Projects determined in accordance with the plan will be coordinated by the Nongame and Natural Heritage Program and performed by program staff with assistance from other Fish and Wildlife Department staff and cooperating organizations and individuals. Projects may also be performed on a contractual basis with qualified individuals and/or institutions.

  (c) The plan comprises four primary objectives: (1) inventories and status determination of species and natural communities, (2) species, habitat, and natural community management, (3) planning assistance and environmental review, and (4) outreach and education. Determination of project priorities will include consideration of species status and degree of threat, population and habitat trends, level of knowledge, public interest and support, availability of funding, arenas underserved by other institutions, and ability to make a difference.

  (d) Financial resources for project expenditures will be derived from donations to the Vermont Nongame Wildlife Fund, proceeds from sale of vehicle conservation license plates, federal funding sources, the business community, grants, and other sources authorized by the Commissioner of Fish and Wildlife.

  (1) Inventories and Status Determination of Species and Natural Communities: Inventories of Vermont’s wildlife and natural communities will be conducted to increase our understanding about Vermont’s wildlife, their rarity, threats to their continued survival, and to help identify other conservation needs. Status will be determined for species and natural communities as practicable and the expertise of others will be solicited when needed.

  (2)(A) Species, Habitat, and Natural Community Management: Monitoring and management of populations will proceed if needed based on status determination and level of knowledge. Measures to reduce threats or enhance numbers in populations experiencing decline will be taken. In situations where a common species is negatively impacting other wildlife or humans, population control or management may be attempted. Species may be reintroduced when appropriate. Legal protection of nongame species will be enforced by law enforcement personnel. Collection of nongame wildlife for scientific research, education purposes, or for the purpose of using them as the subjects of art or photography shall be authorized by issuance of a Scientific Collection Permit. Other collections or take of nongame wildlife shall be authorized by Commissioner letter in addition to a valid Vermont Hunting License or Small Game License.

  (B) Land in state ownership will be managed using appropriate wildlife and natural community management techniques. Site-specific management on state lands and on other lands when landowner permission is granted may include placement of predator shields, artificial nesting platforms, and informational signs; controlled burning; vegetation management; and water level stabilization. Wildlife and natural community management will be encouraged through publications and other outreach efforts.

  (3) Planning Assistance and Environmental Review: Certain critical land and aquatic systems will be protected statewide. Protection will be afforded through Act 250 criteria and other legislation, land acquisition, purchase of development rights, conservation agreements, and the assistance of interested landowners. Aquatic systems will be protected through current laws and legislation, and acquisition of riparian lands. Conservation and other planning will be assisted through appropriate information sharing using the Biological Conservation Database (BCD). Caution shall be exercised so that revealing site-specific information does not result in threats to rare species and necessary habitat or compromise landowner privacy interests.

  (4) Outreach and Education: To foster increased respect and appreciation of our natural heritage, education and outreach efforts will be directed toward achieving a better understanding of Vermont’s nongame wildlife, their habitats, and natural communities. An Outreach and Education Specialist position will be integrated into the Nongame and Natural Heritage Program and help develop an education and outreach strategy. Activities to enhance nongame wildlife education will complement other Department and Agency efforts, and those of other conservation education groups. Networking with other organizations and teachers will be emphasized in order to maximize information exchange. Products and activities may include, but are not limited to, fact sheets, booklets, slide shows, videos, workshops, exhibits, and school programs. Opportunities for nongame wildlife education will be created when appropriate on public land. These may include, but are not limited to observation areas and walking trails. (Added 1997, Fish and Wildlife Board Reg. No. 1020, eff. Aug. 1, 1997.)

• Subchapter 003: Quadrupeds

• § 31. Seasons, bag limits

  The game animals specified in column one may be taken only during the period specified in column two not in excess of the numbers specified in column three and may be possessed only to the numbers specified as possession limit, except as provided in section 32 of this title.

  Column One	Column Two	Column Three
  ANIMAL	SEASON BAG	LIMIT
  (a) Gray Squirrel	September 1st to December 31st both dates inclusive	4 bag limit,
  		8 possession limit
  (b) Rabbit	Last Saturday in September to second Sunday in March, inclusive WMUs D and E to remain open through March 31	3 bag limit,
  		6 possession limit
  (c) [Repealed]
  (d) Caribou	No open season	Zero
  (e) Elk	No open season	Zero
  (f) Moose	No open season except as established by Regulation of the Board

  (Added 1961 No. 119, § 2, eff. May 9, 1961; amended 1963, Fish and Game Board Reg. No. —, eff. Aug. 23, 1963; 1965, Fish and Game Board Reg. No. —, eff. Sept. 13, 1965; 1966, Fish and Game Board Reg. No. —, eff. Jan. 1, 1967; 1968, Fish and Game Board Reg. No. —, eff. Jan. 6, 1968; 1974, Fish and Game Board Reg. No. 878, eff. Sept. 8, 1974; 1976, Fish and Game Board Reg. No.—, eff. Sept. 15, 1976; 1976, Fish and Game Board Reg. No. 893, eff. Jan. 1, 1977; 1980, Fish and Game Board Reg. No. 916, eff. July 2, 1980; 1980, Fish and Game Board Reg. No. 919, eff. Aug. 16, 1980; 1989, Fish and Wildlife Board Reg. No. 978, eff. May 12, 1989; 1990, Fish and Wildlife Board Reg. No. 919, eff. Aug. 24, 1990; 1993, Fish and Wildlife Board Reg. No. 999, eff. June 12, 1993; 2011, Fish and Wildlife Board Reg. No. 999, eff. January 1, 2013.)

• § 32. Trapping, hare and rabbits

  (a) The Commissioner may issue a permit to no more than 5 members of any beagle club or to a private owner of an enclosed area not less than 20 acres in size, maintained for the training of beagles, to take live snowshoe hare and cottontail rabbits by the method described in subsection (b) of this section.

  (b) Snowshoe hare and cottontail rabbits taken under a permit must be captured or trapped by means of a box or cage trap which will not wound the animal. Box or cage traps used for this purpose must be identified with an attached tag made of rustless material, with the permit holder’s name and address permanently and legibly stamped or engraved thereon. Prior to setting any trap, the permit holder must obtain written permission from the owner of the property where the trap is to be set. Said written permission, must accompany the application to the Commissioner for the trapping permit. The owner of the property may, at any time, revoke the permission. Any person who traps snowshoe hare or cottontail rabbits by the permit shall visit his traps at least once in every twenty-four hours. The snowshoe hare and cottontail rabbits taken by such trap may be transported to the permit holder’s training area any time during the permit period and must be released within twenty-four hours of taking. The permit must be carried on the permit holder’s person during transportation.

  (c) Snowshoe hare and cottontail rabbits taken by this permit are to be used solely for stocking of fenced beagle training areas. Any unauthorized use shall result in revocation of the permit by the Commissioner and shall be considered a violation of this regulation.

  (d) The permit shall specify the time of year and number of snowshoe hare and/or cottontail rabbits to be taken. (Added 1980, Fish and Game Board Reg. No. 916, eff. July 2, 1980.)

• § 33. Moose Management Rule

  1.0 Authority.

  1.1 This rule is adopted pursuant to 10 V.S.A. § 4081(a). In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and furbearing animals in this State is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance.

  1.2 In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of the moose herd.

  1.3 In accordance with 10 V.S.A. § 4082, the Vermont Fish and Wildlife Board may: establish open seasons; daily, season and possession limits for game; territorial limits; prescribe the manner and means of taking moose; establish territorial limits for the taking of moose; and establish restrictions on taking based upon sex, maturity and other physical distinctions.

  1.4 In accordance with 10 V.S.A. § 4254(i)(1), this rule establishes a process to auction five (5) moose permits to be awarded to the highest bidders.

  1.5 In accordance with 10 V.S.A. § 4254(i)(2), this rule establishes a separate drawing for eligible Vermont veterans through a special priority drawing through the permit lottery system.

  2.0 Purpose

  The purpose of this regulation is to establish two annual moose seasons, to establish the procedures to be used in applying for and issuing moose permits, and to establish the administrative framework for regulating the taking of moose.

  3.0 Definitions.

  3.1 “Antlered moose” means a moose which has at least one antler 6 inches or more in length measured from the tip of the main beam along the distal edge of the antler to the base of the antler burr at the skull.

  3.2 “Antlerless” means those moose without antlers or antlers less than six inches in length.

  3.3 “Applicant” means a person who has submitted a completed legal application to the lottery.

  3.4 “Application” means the form provided by the Department that allows a person to be entered into the lottery.

  3.5 “Board” means the Vermont Fish and Wildlife Board.

  3.6 [Repealed.]

  3.7 “Commissioner” means the Commissioner of the Vermont Fish and Wildlife Department.

  3.8 “Crossbow” means a device consisting of a bow mounted to a rigid stock for discharging bolts or arrows and having a mechanical means to hold and release the drawn string, which must be fired from the shoulder. A bolt means a short projectile for a crossbow that resembles an arrow and has a head that measures no less than 7/8 inch at its widest point. A crossbow shall have a minimum pull of 125 pounds, a working mechanical safety and a stock no less than 23 inches in length.

  3.9 “Department” means the Vermont Fish and Wildlife Department.

  3.10 “Either sex” means a moose of any sex.

  3.11 “Guide” means a person authorized to accompany, direct, aid, assist, and/or instruct a Permittee during a moose hunt.

  3.12 “Guide Permit” means a document, provided by the Department to the Permittee, to allow for a guide to assist in a moose hunt.

  3.13 “Legal means” means the taking of a moose by muzzleloader, rifle, handgun, shotgun, a crossbow, or bow and arrow in conformance with this rule.

  3.14 “Permit” means a document issued by the Department authorizing the taking of a moose.

  3.15 “Permittee” means a person who has successfully acquired a legal permit through the lottery or auction as described in this rule.

  3.16 “Subpermittee” means an individual designated by a Permittee, whose name has been provided to the Department in conformance with this rule, who may be permitted to take a moose.

  3.17 “Wildlife Management Unit” (WMU) means one of twenty-five geographical areas in Vermont established for managing wildlife through regulation.

  4.0 Moose Seasons

  There shall be two moose seasons annually.

  (b) To take an animal during this season a person must possess a valid archery moose permit as prescribed in Section 9 of this rule.

  4.1 Archery. The first moose season shall be by archery only:

  (a) This season shall be open for seven consecutive days, beginning the first day of October.

  4.2 Regular. The second moose season shall be for any legal means of take. This season shall be open for six consecutive days beginning the third Saturday in October.

  5.0 Possession Limit.

  5.1 The bag limit for moose shall be one moose per moose hunting permit.

  5.2 The possession limit for moose shall be one moose per moose hunting permit.

  6.0 Permit Application Process6.1 Applications must be made on an official moose hunting application form provided by the Department.

  6.2 Only applications received by the Department’s central office during the official application period will be considered. Applications must be received prior to the deadline established by the Department.

  6.3 The Department will consider only complete applications. For an application to be complete it must be legible, must contain all the information requested by the Department, must bear the applicant’s original signature, or, in the case of electronic or facsimile applications, attestation under the pains and penalties of perjury. To be considered complete the form must be accompanied by any required application fee, or means of payment, such as a valid credit card payment.

  6.4 The Department will consider no more than one complete application from any applicant per year for each of the two separate lotteries held. A lottery will be held for both the regular and archery seasons. Only one permit may be issued per person per calendar year.

  6.5 Ten (10) percent of the moose hunting permits may be issued to non-resident hunters.

  6.6 No person who has held a valid Vermont moose hunting permit in any of the previous five (5) years may apply for a moose hunting permit or a bonus point in the current calendar year. The application of the five (5) year waiting period shall only be effective for persons who hold a moose hunting permit after January 1, 2016.

  7.0 [Repealed.]

  8.0 Permit Selection Process.

  8.1 All those who have submitted completed applications and who wish to be entered into the lottery will be entered into the lottery. The Department will hold, or cause to be held, a transparent, random drawing to include all persons who have submitted a complete application.

  8.2 Selected regular season applicants will receive a permit for their WMU of preference until the permit quota for their preferred WMU is filled at which time a permit will be awarded for their second choice WMU, and so on.

  8.3 Selected regular season applicants will be notified by mail, and will receive a permit form to complete. Successful applicants have 15 calendar days to return the completed forms with the appropriate fee, and their Subpermittee’s name, if any.

  8.4 Selected archery season applicants will be notified by mail, and will receive a permit form to complete. Successful applicants have 15 calendar days to return the completed forms with the appropriate fee and indicate the name of their Subpermittee, if any.

  9.0 Moose Hunting Permits9.1 An applicant who is chosen by lottery, or is the successful auction bidder may purchase a moose hunting permit from the Department.

  9.2 At the time of issuance, moose season permit recipients and designated Subpermittees must hold a valid Vermont big game hunting license.

  9.3 At the time of issuance, archery season permit recipients and designated Subpermittees must show proof of having held an archery deer license and/or a certificate of satisfactory completion of a bowhunter education course from Vermont or another state or province of Canada which is approved by the Commissioner. Archery season permit recipients and designated Subpermittees must hold a valid Vermont big game hunting license.

  9.4 Moose hunting permits are valid only within the WMU or WMUs designated on the permit, for the specified season, and for the type (either sex, antlered, or antlerless) specified on the permit.

  10.0 Deferments10.1 The Commissioner may grant a one time, one-year deferment to successful applicants for reasons of personal or family illness, temporary disability, or military deployment.

  10.2 Requests for deferment shall be made on the Department-issued form to the Commissioner and received no later than three days prior to the start of the moose season for which a permit has been issued. Requests shall contain information required by the Commissioner to substantiate the request.

  10.3 Deferred permits shall be issued for the same WMU and permit type (either sex, antlered, antlerless, archery or regular) as the originally issued permit.

  11.0 Subpermittees11.1 A person holding a valid moose hunting permit may designate one (1) Subpermittee who shall be permitted to hunt moose pursuant to the permit.

  11.2 The Subpermittee must always be accompanied by the permit holder. For these purposes, “accompanied,” means being able to communicate without the aid of artificial devices except medically-prescribed eyeglasses or hearing aids.

  11.3 Once the applicant has provided the name of their selected Subpermittee to the Department, no change to this selection will be allowed except for personal or family illness, temporary physical disability, or military deployment.

  11.4 Any request for change of Subpermittee must be made in writing to the Commissioner and received no later than three (3) days prior to the start of the moose season for which a permit has been issued.

  11.5 Subpermittee Ineligibility(a) No person who has held a Vermont moose hunting permit in any of the previous five (5) years may be designated as a Subpermittee in the current calendar year.

  (b) No person who holds a valid moose hunting permit in one year may be designated as a Subpermittee in the same year.

  (c) No person may be named as a Subpermittee on more than one permit during the same year.

  12.0 Guides and Guide Permits.

  12.1 The Guide shall be allowed to direct, aid, assist and instruct the Permittee and Subpermittee during the hunt.

  12.2 A Guide may not carry any other firearm, muzzleloader, or archery equipment.

  12.3 Each Permittee shall be issued a Guide Permit by the Department. The Guide Permit must be carried by the guide at all times while accompanying the Permittee while hunting moose.

  12.4 A person serving as a Guide must hold a current valid Vermont big game hunting license.

  12.5 A Guide Permit may be carried by different persons at any time during the moose hunt, but only one person at a time may serve as a Guide for each moose hunting party.

  12.6 A person may simultaneously serve as a Guide for more than one moose Permittee but must be carrying the proper Guide Permit for each guided party.

  13.0 Control Measures13.1 In addition to all relevant laws and regulations pertaining to the hunting and taking of big game in Vermont, the following additional restrictions apply:

  (a) No persons other than the Permittee, Subpermittee and Guide shall participate in a hunt to take moose.

  (b) Portable radio transceivers, GPS, and/or cell phones shall not be used to communicate during the hunting or taking of moose. Such devices may be used, however, after the moose is legally tagged.

  (c) No electronic devices such as radio telemetry equipment shall be used to take moose.

  (d) No electronic devices may be used to attract moose.

  (e) No person shall shoot or attempt to shoot a moose when the moose is within 100 yards of any town, state, or federal highway as defined in 10 V.S.A. § 4705(f).

  (f) Pursuant to 10 V.S.A. App. § 12, notwithstanding 10 V.S.A. App. § 12, Section 1(g), a person may employ the licensed handler of an authorized leashed tracking dog to track a moose wounded while lawfully hunting under this rule.

  (g) Unless it is uncocked, a person shall not possess or transport a crossbow in or on a motor vehicle, motorboat, airplane, snowmobile, or other motor-propelled vehicle except as permitted in accordance with 10 V.S.A. § 4705.

  13.2 Regular Season: Moose may be taken only with the following implements and restrictions:

  (a) Centerfire rifles or handguns not less than .25 caliber.

  (b) A muzzleloading firearm of not less than .45 caliber, with a minimum barrel length of 20 inches and designed to be fired from the shoulder, or a muzzleloading handgun of not less than .45 caliber and with a minimum barrel length of 10 inches.

  (c) Bows of not less than 50 pound draw weight, based on the archer’s normal draw length for traditional bows, and using arrowheads with a minimum of 7/8 of an inch in width with two or more cutting edges. A person taking moose may use a crossbow as a means of take during any season that permits the use of a bow and arrow-only; and the crossbow is used in accordance with this subsection.

  (d) Shotguns not less than 20 gauge and utilizing slugs only.

  13.3 Archery Season: Moose may be taken only with the following implements and restrictions:

  (a) Bows of not less than 50 pound draw weight, based on the archer’s normal draw length for traditional bows, and using arrowheads with a minimum of 7/8 of an inch in width with no fewer than two or more cutting edges.

  (b) Crossbow bolts shall have arrowheads with a minimum of 7/8 of an inch in width with two or more cutting edges.

  (c) No person taking moose may possess a firearm or muzzleloader while hunting moose during the archery season, except for a handgun in accordance with 10 V.S.A. § 4252(b). No person taking moose may do so by means of firearms or muzzleloader in the archery season.

  14.0 Tagging and Reporting14.1 The transporting of moose shall be in accordance with current regulations and statutes pertaining to big game.

  14.2 Once a moose is legally tagged, pursuant to 10 V.S.A. Appendix § 2a., there is no limit to the number of persons that can assist with the field dressing and removal of the moose from the kill site.

  14.3 Moose taken under this rule must be reported, pursuant to 10 V.S.A. Appendix § 2, by exhibiting the eviscerated carcass, or parts thereof, to a Department official at a Department-authorized moose check station during its scheduled days and hours of operation within 48 hours of tagging.

  14.4 The moose head hide, lower legs, and boned-out ribcage and/or bones need not be reported, however, both complete central incisors must be presented.

  14.5 The permittee shall bring the following to the biological check station:

  (a) The lower jaw, including incisors, one of which shall be taken for aging purposes;

  (b) The intact antler rack on an antlered moose;

  (c) The portion of the skull on a male antlerless moose where antlers would be attached;

  (d) The female reproductive tract including both of the ovaries;

  (e) The udder; and

  (f) All edible portions of the moose not including organs.

  14.6 No moose shall be transported out of the State without first being reported as required herein.

  14.7 The Permittee and/or Subpermittee must identify the exact kill site on a Department map, and if requested, shall be required to take Department personnel to the kill site and/or the site of carcass evisceration for purposes such as, but not limited to, verification of the cause of death and site of kill, or to obtain ovaries or other biological samples left behind.

  15.0 Permit Allocation15.1 The number of either-sex and/or antlerless permits or bull only permits to hunt and take moose during both the regular and archery seasons will be set by the Board.

  16.0 Special Priority for Eligible Vermont Veterans.

  16.1 Pursuant to 10 V.S.A. § 4254, eligible for Vermont veterans will receive special priority drawing in the regular moose season lottery drawing.

  16.2 A total of five (5) regular season permits will be allocated for this special priority drawing. These five permits will be included in the total permits authorized by separate Board Rule.

  16.3 Vermont residents who qualify for the special priority drawing must submit a complete application approved by the Department. A person applying for the special priority drawing permits must have marked the appropriate box on the application indicating that they comply with the provisions of this section.

  16.4 Vermont residents who qualify for the special priority drawing and who are not drawn for a moose permit in that special priority drawing shall be entered into the subsequent regular drawing.

  16.5 Vermont residents who qualify for the special priority drawing and who do not receive a moose permit shall be awarded preference points for the subsequent special priority drawing.

  17.0 Moose Permit Auction17.1 Pursuant to 10 V.S.A. § 4254(i), five moose permits shall be set aside to be issued by auction. These permits are in addition to the permits authorized by separate Board rule.

  17.2 Complete bids must be received by the Department’s central office prior to the deadline established by the Department.

  17.3 Permits will be awarded to individuals that submit the five (5) highest bids. Individuals submitting the next five (5) highest bids will be eligible, in order of declining bid value, to receive a permit if higher-ranked bidders do not submit payment within 15 calendar days following notification.

  17.4 An individual may submit more than one bid; however he/she may only receive one moose permit. If an individual submits multiple bids, only the highest value bid will be included in the auction as an official bid.

  17.5 Once notified of winning a moose permit, successful bidders have 15 calendar days to submit their bid payment, and to indicate: the season they will hunt in, the Wildlife Management Unit they will hunt in; and their Subpermittee, if any.

  17.6 If an individual receives a moose permit from the regular moose lottery or archery moose lottery, and is also a successful auction bidder, the person may choose either permit. Should a person choose the regular moose lottery permit or the archery moose lottery permit, the bid amount will be refunded and the next highest unsuccessful bidder will be offered the auction permit.

  17.7 Individuals who have held a valid moose permit acquired by the regular or archery moose lottery or auction are ineligible from participating in the moose permit auction for five years. (Added 1993, Fish and Wildlife Board Reg. No. 999, eff. June 12, 1993; amended 1994, Fish and Wildlife Board Reg. No. 999, eff. April 8, 1994; 1995 Fish and Wildlife Board Reg. No. 999, eff. May 15, 1995; 1995, Fish and Wildlife Board Reg. No. 999, eff. May 4, 1996; 1999, Fish and Wildlife Board Reg. No. 999, eff. June 5, 1999; 1999 (Adj. Sess.), Fish and Wildlife Board Reg. No. 999, eff. June 16, 2000; 2003, Fish and Wildlife Board Reg. No. 1000, eff. June 21, 2003; 2005, Fish and Wildlife Board Reg. No. 999, eff. Aug. 6, 2005; 2006 Fish and Wildlife Board Reg. No. 999, eff. Aug. 31, 2006; 2007, Fish and Wildlife Board Reg. No. 999, eff. July 6, 2007; 2008, Fish and Wildlife Board Reg. No. 999, eff. July 7, 2008; 2009, Fish and Wildlife Board Reg. No. 999, eff. June 18, 2009; 2010, Fish and Wildlife Board Reg. eff. July 9, 2010; 2011, Fish and Wildlife Board Reg. eff. March 3, 2011; 2012, Fish and Wildlife Board Reg. eff. June 3, 2012; 2015, Fish and Wildlife Board Reg. eff. January 1, 2016; 2019, No. 50, § 6, eff. Jan. 1, 2020; 2019, Fish and Wildlife Board Reg. eff. Jan. 1, 2020.)

• § 33a. Repealed. 2013, No. 78, § 3, effective July 1, 2013.

• § 34. Repealed.

• § 35. Taking of moose doing damage to fencing, tubing, or Christmas trees

  (a) Only with prior approval from a Game Warden, a landowner may take a moose which has repeatedly or may continue to substantially damage:

  (1) tubing, fittings, and mainline used in maple sap collection.

  (2) fencing that is currently containing hoofed livestock.

  (3) Christmas Tree Plantations.

  (b) A landowner may designate one individual who holds a resident Vermont hunting license as an agent to take a moose doing damage, pursuant to subsection (a) of this section, on the landowner’s behalf. A landowner may not offer or accept any form of payment to or from a person designated as an agent under this subsection except as allowed in subsection (e) of this section.

  (c) The landowner shall immediately report the wounding or killing of a moose under this section to a Game Warden. Within 12 hours of said wounding or killing of a moose under this section, the landowner or person who performed the act shall submit a written, signed report relating the date, time, place and reason for the wounding or killing to a Game Warden.

  (d) A person who kills the moose shall immediately properly dress the carcass and care for the meat.

  (e) The Game Warden shall immediately investigate the case and if satisfied that the moose was taken as provided in this section, the Warden shall give the landowner a certificate of his or her finding in the matter. The certificate shall entitle the landowner to the ownership of the carcass. The landowner may not sell or give away the carcass except to offer all or a portion of it to the agent designated under subsection (b) of this section as compensation for killing the moose. Any carcass not desired for home consumption in the household of the certificate holder or designated agent shall be turned over to a Game Warden. (Added 1996, Fish and Wildlife Commissioner’s Reg. No. 1013, eff. July 6, 1996.)

• § 36. Repealed. 2019 Fish and Wildlife Board Reg., eff. January 1, 2020.

• § 37. Deer Management Rule

  1.0 Authority1.1 This rule is adopted pursuant to 10 V.S.A. § 4081(b). In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and furbearing animals in this State is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance.

  1.2 In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of the deer herd.

  1.3 In accordance with 10 V.S.A. § 4084, this rule establishes open seasons; establishes daily, season and possession limits; prescribes the manner and means of taking white-tailed deer and establishes restrictions on taking based on sex and antler characteristics.

  2.0 Purpose.

  The purpose of this rule is to manage the white-tailed deer herd, implementing will of the General Assembly to design rules to maintain the best health, population and utilization levels of the deer herd.

  3.0 Definitions3.1 “Antlerless Deer” are defined as those deer without antlers or antlers less than three (3″) inches in length.

  3.2 An “Anterless Deer Permit” is a permit issued pursuant to 10 V.S.A. § 4081(g) that allows a person to take one anterless deer during the anterless or muzzleloader seasons.

  3.3 “Antler Point”: A “point” is an antler projection of at least 1″ measured from the base of the point at the main beam to the tip of the point. A broken main beam shall count as a point regardless of length.

  3.4 “Bait”: For the purposes of this regulation, ‘bait‘ is defined as any animal, vegetable, fruit or mineral matter placed with the intention of attracting wildlife. Natural and artificial scents and lures that are not prohibited under Section 14 of this regulation and are not designed to be consumed by eating or licking shall not be bait for the purposes of this rule.

  3.5 “Baiting” is the use of any animal, vegetable or mineral matter, including scents and lures prohibited under section 14 of this regulation that has the effect of enticing wildlife to a certain location.

  3.6 “Board”: The Vermont Fish and Wildlife Board.

  3.7 “Bona fide agricultural practices”: Practices that have been employed to plant, grow and harvest an agricultural product conducted in the usual manner.

  3.8 “Crossbows”: A crossbow means a device consisting of a bow mounted to a rigid stock for discharging bolts or arrows and having a mechanical means to hold and release the drawn string, which must be fired from the shoulder. A bolt means a short projectile, designed for a crossbow, that resembles an arrow. No person shall hunt wild animals or game with a crossbow if the bolt has an arrowhead less than seven-eighths of an inch at its widest point and has less than two sharp cutting edges. A crossbow shall have a minimum pull of 125 pounds, a working mechanical safety and a stock no less than 23 inches in length.

  3.9 “Legal Buck”: In Wildlife Management Units C, D1, D2 E1, E2, G, I, L, M, P, Q any white-tail deer with at least one antler three (3″) inches or more in length; and in Wildlife Management Units A, B, F1, F2, H, J1, J2, K, N, and O a legal buck shall be any white-tailed deer with at least one antler with two or more antler points one inch in length or longer.

  3.10 “Novice”: A person who purchased their first hunting license within the past 12 months and is 16 years of age or older.

  3.11 “Youth”: A person who is 15 years of age or younger.

  4.0 Annual Deer Limit4.1 A person shall not take more than four white-tailed deer in a calender year, only one of which may be a legal buck.

  4.2 Youth and novice hunters shall be allowed to take two legal bucks, provided that one is taken during the youth or novice season, not to exceed the annual limit of four white-tailed deer.

  5.0 Antlerless Deer Season.

  5.1 For four consecutive days, commencing on the Thursday 16 days prior to the opening day of the regular rifle season shall be the antlerless deer season.

  5.2 A person hunting under this section shall obtain a muzzleloader license as provided in 10 V.S.A. § 4252 and must possess an antlerless deer permit.

  5.3 A person may take one antlerless deer per antlerless deer permit. A person may take additional antlerless deer if they obtain additional antlerless deer permits not to exceed the annual limit as prescribed in section 4.1 of this rule. No person may purchase or possess more than one antlerless deer permit at a time, or purchase a subsequent antlerless deer permit until the person has harvested an antlerless deer. If a person possesses a permit to take an antlerless deer, then the person may take an antlerless deer.

  5.4 A person hunting with a muzzleloading firearm pursuant to this rule shall not carry any firearms other than one single-barreled muzzleloading firearm as defined in 10 V.S.A.§ 4001(33) while hunting deer during this season.

  5.5 No person taking deer by means of muzzleloader may possess archery equipment or crossbow while hunting.

  5.6 No person shall take a deer in a WMU unless they are licensed, permitted or explicitly authorized to do so by the Board rules, or procedures adopted in accordance with 10 V.S.A. § 4082 (c).

  6.0 Muzzleloading Season.

  6.1 Muzzleloader Season: For the nine consecutive calendar days commencing on the first Saturday after the completion of the regular rifle deer hunting season, a person may take one legal buck by muzzleloading firearm.

  (a) One legal buck by muzzleloading firearm, provided that they have not yet taken a buck as prescribed in Section 4.1 of this rule, and

  (b) If the Board has authorized the taking of antlerless deer, and if a person possesses an antlerless deer permit, then the person may take an antlerless deer. No person may purchase or possess more than one antlerless deer permit and a person can only purchase a subsequent antlerless deer permit after the person has harvested an antlerless deer, not to exceed the annual limit as prescribed in section 4.1 of this rule.

  6.2 A person hunting with a muzzleloading firearm under this section shall obtain a muzzleloader license as provided in 10 V.S.A. § 4252.

  6.3 A person hunting with a muzzleloading firearm pursuant to this rule shall not carry any firearms other than one single-barreled muzzleloading firearm as defined in 10 V.S.A. § 4001(33) while hunting deer during this season.

  6.4 No person taking deer by means of muzzleloader may possess archery equipment or crossbow while hunting.

  6.5 No person shall take a deer in a WMU unless they are licensed, permitted or explicitly authorized to do so by the Board rules, or procedures adopted in accordance with 10 V.S.A. § 4082(c).

  7.0 Archery Season7.1 Archery Season: October 1 through December 15, except during the regular rifle deer hunting season:

  (a) One legal buck may be taken by bow and arrow or crossbow, during the archery season anywhere in the state; not to exceed the annual limit as prescribed in Section 4.1 of this rule, and

  (b) In Wildlife Management Units declared open by the Board to the taking of antlerless deer, a person may take antlerless deer.

  7.2 A person hunting with a bow and arrow or crossbow under this section shall obtain an archery license as provided in 10 V.S.A. § 4252. An archery license will be valid for one deer; additional archery licenses are required for the taking of additional deer.

  7.3 The Board may establish Expanded Archery Zones

  (a) Within these zones, the archery season shall begin September 15. From September 15 to September 30, only antlerless deer may be taken.

  (b) [Zone Boundaries]

  7.4 Crossbows may be used as a means of take during any season that permits the use of a bow and arrow.

  7.5 The holder of an archery license or a super sport license, hunting with a bow and arrow or a crossbow, may possess a handgun while archery hunting, in accordance with 10 V.S.A. § 4252(b), provided that the license holder shall not take game by firearm while hunting.

  7.6 Unless it is uncocked, a person shall not possess or transport a crossbow in or on a motor vehicle, motorboat, airplane, snowmobile, or other motor-propelled vehicle except as permitted in accordance with 10 V.S.A. § 4705.

  8.0 Regular Rifle Season8.1 Pursuant to 10 V.S.A. § 4084 for the 16 consecutive calendar days commencing 12 days prior to Thanksgiving day, a person may take by lawful means one legal buck. No person shall take a deer in a WMU unless they are licensed, permitted or explicitly authorized to do so by the Board rules, or procedures adopted in accordance with 10 V.S.A. § 4082(c).

  9.0 Youth Deer Hunting Weekend9.1 Pursuant to 10 V.S.A. § 4742a, the Saturday and Sunday three weeks prior to the opening day of the regular rifle deer hunting season shall be youth deer hunting weekend.

  9.2 Limit: One white-tailed deer. One legal buck may be taken during the youth deer hunting weekend, or any deer if the Board has authorized the taking of antlerless deer during youth hunting weekend.

  9.3 To participate in the youth deer hunt, a qualified youth must be 15 years of age or younger and have a valid Vermont hunting license and a youth deer hunting weekend license.

  9.4 The youth must be accompanied by an unarmed adult who holds a valid Vermont hunting license and who is 18 years of age or older. An adult accompanying a youth under this section shall accompany no more than two young people at one time. As used in this section, “accompany,” “accompanied,” or “accompanying” means direct control and supervision, including the ability to see and communicate with the youth hunter without the aid of artificial devices such as radios or binoculars, except for medically necessary devices such as hearing aids or eyeglasses.

  9.5 No youth shall hunt under this section on privately owned land without first obtaining the permission of the owner or occupant.

  10.0 Novice Season10.1 Novice Season: This season shall be concurrent with the Youth Deer Hunting Weekend as prescribed in 10 V.S.A. § 4742a and section 9.1 of this rule.

  10.2 Limit: One white-tailed deer. One legal buck may be taken during this season, or any deer if the Board has authorized the taking of antlerless deer during youth hunting weekend.

  10.3 To participate in the novice season, a qualified person must have a valid Vermont hunting license, and follow the requirements of youth hunting week-end.

  10.4 The novice hunter must be accompanied by an unarmed adult who holds a valid Vermont hunting license and who is 18 years of age or older. An adult accompanying a novice under this section shall accompany no more than two novice hunters at one time. As used in this section, “accompany,” “accompanied,” or “accompanying” means direct control and supervision, including the ability to see and communicate with the novice hunter without the aid of artificial devices such as radios or binoculars, except for medically necessary devices such as hearing aids or eyeglasses.

  10.5 No Novice hunter shall hunt under this section on privately owned land without first obtaining the permission of the owner or occupant.

  11.0 Reporting.

  11.1 A deer carcass shall be field dressed prior to reporting in accordance with 10 V.S.A. App. § 2.

  11.2 Upon request, the person harvesting a deer shall show and return to the kill site with a Game Warden.

  12.0 Feeding of Deer.

  12.1 No person shall feed white-tailed deer at any time in Vermont except:

  (a) Under a license or permit issued pursuant to 10 V.S.A. § 4152 by the Department for bona fide scientific research, mitigation of wildlife damage or nuisance problems, or wildlife population reduction programs only; or

  (b) By planting, cultivating or harvesting of crops directly associated with bona fide agricultural practices, including planted wildlife food plots; or

  (c) By distribution of food material for livestock directly associated with bona fide agricultural practices; or

  (d) By cutting of trees or brush; or

  (e) By incidental feeding by an elevated bird/squirrel feeders (feeders must be at least five feet above the ground) providing seed, grain, fruit, worms, or suet for birds or squirrels, located within 100 feet of an occupied dwelling.

  13.0 Baiting13.1 No person shall take deer by using bait. Exempted from this prohibition are:

  (a) Incidental feeding of wildlife within active livestock operations;

  (b) Standing crops planted and left standing as food plots for wildlife;

  (c) Grain or other feed scattered or distributed solely as a result of normal agricultural, gardening, or soil stabilization, and logging practices;

  (d) Vegetation or food/seed naturally deposited.

  13.2 No person shall take any game or wild animal by using bait during deer seasons established under Part 4 of Title 10 or by rules of the Board, except that persons taking furbearers as authorized under 10 V.S.A. § 4252(3) may use bait in conjunction with traps being set to take furbearers.

  14.0 The Ban of urine and other natural lures.

  14.1 Authority. The Fish & Wildlife Board finds that, in order to protect the health of white-tailed deer in Vermont, it is necessary to prohibit the use of cervid urine, blood, glands, gland oil, feces, or other bodily fluids for the purpose of taking or attempting to take deer.

  14.2 Restricted and Permitted Uses of cervid urine, blood, glands, gland oil, feces, or other bodily fluids.

  (a) No person shall possess while hunting or use, for the purposes of taking or attempting to take, attracting, surveillance or scouting deer; any product that contains or purports to contain any cervid urine, blood, gland oil, feces, or other bodily fluids.

  (b) A person may utilize the body parts of a wild Vermont white-tailed deer legally taken or acquired by that person for coyote hunting. (Added 2005, Fish and Wildlife Board Reg. No. 1502, eff. July 2, 2005; amended 2008 Fish and Wildlife Board Reg. No. 1502, eff. Sept. 6, 2008; 2011 Fish and Wildlife Board Reg. No. 1502, eff. Mar. 3, 2011; 2015 Fish and Wildlife Board Reg., eff. January 1, 2016; 2019, Fish and Wildlife Board Reg., eff. Jan. 1, 2020.)

• Subchapter 004: Furbearing Animals

• §§ 41-43. Repealed.

• § 44. Furbearing species

  1.0 Authority.

  1.1 This rule is promulgated pursuant to 10 V.S.A. §§ 4081, 4082, 4084, 4828, and 4861. In promulgating this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife, and furbearing animals in this State is in the interest of the public welfare and that the safeguarding of these valuable resources for the people of the State requires a constant and continual vigilance.

  1.2 In accordance with 10 V.S.A. §§ 4082 and 4084, this rule is designed to maintain the best health, population, and utilization levels of the regulated species.

  1.3 This rule shall apply to all persons who take or attempt to take furbearing animals by trapping or hunting.

  The purpose of this rule is to regulate the taking of furbearing animals.

  3.0 Definitions

  3.1 “Commissioner” means the Commissioner of the Vermont Department of Fish and Wildlife.

  3.2 “Compensation” shall mean money.

  3.3 “Department” means the Vermont Department of Fish and Wildlife.

  3.4 “Board” means the Vermont Fish and Wildlife Board.

  3.5 “Furbearing Animal” means beaver, otter, marten, mink, raccoon, fisher, fox, skunk, coyote, bobcat, weasel, opossum, lynx, wolf, and muskrat or as amended pursuant to 10 V.S.A. § 4001.

  3.6 “Trapping” means to take or attempt to take furbearing animals with traps including the dispatching of such lawfully trapped furbearing animals.

  3.7 A ”Trap” means a mechanical device used to capture, kill and/or restrain furbearing animals excluding firearms, muzzleloaders and archery equipment.

  3.8 A “Tanned” pelt is one that has been treated to turn the skin into leather.

  4.0 Restrictions.

  4.1 A person trapping for furbearing animals under this rule shall visit his/her traps at least once every calendar day, except as provided in paragraph 4.2, and dispatch or release any animal caught therein.

  4.2 A person who sets body gripping traps in the water or under the ice, or foothold or cage traps under the ice shall visit his/her traps at least once every three calendar days and remove any animal caught therein.

  4.3 A person shall not set a trap on lands other than his/her own which does not have his/her name and address permanently and legibly stamped or engraved thereon, or on a tag of rustless material securely attached thereto.

  4.4 All traps under ice will be marked with a tag visible above the ice.

  4.5 A person shall not set a body gripping trap with a jaw spread over eight inches measured inside the jaws unless the trap is set five feet or more above the ground, or in the water.

  4.6 A person shall not use toothed foothold traps or snares when trapping under this section.

  4.7 A person shall not set a trap between December 31 and the following fourth Saturday in October unless the trap is in the water, under the ice, or on a float in the water.

  4.8 A person shall not possess a living furbearing animal, except as provided by rules of the board or 10 V.S.A. part 4.

  4.9 A person shall not possess a furbearing animal trapped outside of its legal season without the written authorization of the Department, not to include animals taken pursuant to 10 V.S.A. § 4828.

  4.10 A person shall not possess fur or skin of a furbearing animal unlawfully taken.

  4.11 A person shall not take a furbearing animal by use of any poisonous mixture.

  4.12 A person shall not take a furbearing animal from dens by cutting, digging, smoking, by the use of chemicals, or by the use of mechanical devices.

  4.13 Beaver Muskrat.

  (a) When trapping muskrat between March 1 and March 31, body gripping traps are restricted to 5 inches or less.

  (b) A person shall not disturb or destroy a beaver or muskrat house or den or place a trap therein, thereon, or in the entrance thereof.

  (c) A person may set a trap within 10 feet of the nearest point, above the water, of a beaver house or dam only from the 4th Saturday in October through the last day of February, all dates inclusive.

  (d) Except for the setting of traps as provided under 4.13b and 4.13c, a person shall not interfere in any manner with dams, dens, or houses of beaver except upon prior written approval from the Commissioner.

  4.14 Bobcat; Otter; Fisher.

  (a) From December 17 to December 31, both dates inclusive, in order to minimize incidental bobcat harvest during the remainder of the fisher season, a person shall not set a body gripping trap with a jaw spread over 6 inches measured inside the jaws unless the trap is set 5 or more feet above the ground, or in the water.

  (b) The skins of bobcat, otter, and fisher legally taken may be possessed, transported, bought and sold only when tagged and marked as hereinafter provided.

  (c) A person who takes bobcats, otter, or fisher during these seasons shall notify authorized Department staff within 48 hours of the close of the season. Pelts shall be presented to authorized Department staff for tagging. Such tags shall remain affixed to the pelts until tanned. Carcasses shall be surrendered to authorized Department staff at the time of tagging.

  (d) No bobcat, otter, or fisher pelts or carcasses taken during these seasons shall be transported out of the State of Vermont prior to being tagged by authorized Department staff.

  (e) A person who takes bobcat, fisher, and otter pursuant to 10 V.S.A. § 4828 and who desires to keep the pelt shall notify authorized Department staff with 84 hours of the taking. Pelts shall be presented to authorized Department staff for tagging. Such tags shall remain affixed to the pelts until tanned. Carcasses shall be surrendered to authorized Department staff at the time of tagging.

  4.15 Raccoons.

  (a) A person shooting raccoons during the raccoon hunting season shall use a 0.22 caliber rimfire firearm or a shotgun with #2 shot or smaller.

  (b) A light may be used to illuminate and shoot a raccoon once treed by a dog, or dogs, during the raccoon hunting season. A light may also be used to illuminate a raccoon once treed by a dog, or dogs, during the training season.

  4.16 Lynx.

  (a) This subsection shall be effective on January 1, 2014.

  (b) Any person who incidentally captures a lynx shall notify the Department immediately.

  (c) The following regulations on traps and trapping shall only apply within the Wildlife Management Unit E.

  (1) Foothold traps set on land must be anchored using a chain or cable no longer than 18″ that is center-mounted to the trap using a swivel connection and must have at least one in-line swivel along the chain or cable.

  (2) From the fourth Saturday in October to December 31, both dates inclusive, all body gripping traps must be set:

  i. In the water, or;

  ii. Within a Canada lynx exclusion device as described below and as depicted in Diagram 1:

  a. the trap jaws shall be completely within the device;

  b. the trap springs may extend outside of device through openings no larger than 7.5″ wide by 1.5″ high;

  c. the device shall not have an opening greater than 6″ by 8″;

  d. the opening shall not be directly in front of the trap but shall instead be either on the top or side of the device;

  e. the trap set within the device shall be a minimum of 18″ from the closest edge of the opening to the trap;

  f. there shall be at least two attachment points for each side of the device where there is a joint or where panels come together;

  g. the device shall be constructed of wood or of wire mesh of 16 gauge or less wire (.05″ diameter wire or greater) and having a mesh size with openings no greater than 1.5″ X 1.5″ or 1″ X 2″; and,

  h. the trap shall be anchored outside of the device; or

  iii. Off the ground as described below and as depicted in Diagram 2:

  a. at least 5′above the ground or if snow is on the ground at least 5 feet above snow level with the exception of the 24-hour period immediately following a snowstorm;

  b. affixed to a standing tree which is free of branches below the trap or to a leaning section of pole that has not been planed or otherwise altered except for the removal of branches and is less than 4″ in diameter at the trap and is angled at least 45° along its entire length from the ground to the trap; and

  c. in an area that is free of any object within 4′ of the trap.

  (3) From the fourth Saturday in October to December 31, both dates inclusive, body gripping traps no larger than a typical 160 (inside jaw spread up to 6.5″) may also be set on the ground if placed:

  i. Under overhanging stream banks, or;

  ii. In blind sets without the aid of bait, lure or visual attractants, or;

  iii. Within a cubby constructed of artificial materials with the trap inserted at least 7″ from the front and with an opening no greater than 50 square inches as depicted in Diagram 3.

  (d) The establishment of a ten-year “Lynx Study Period” shall commence on January 1, 2014. The Department will assess the status of lynx in Vermont, identify and evaluate additional techniques and devices for avoiding incidental capture of lynx, and develop revisions to these rules in accordance with the findings of such studies and all current information. The rules set forth in this subsection 4.16 shall expire on January 1, 2024 unless such rules are either extended or amended by the Fish and Wildlife Board. The decision to extend or amend these rules shall be based on an evaluation of the following key criteria:

  (1) Reliable evidence of the presence or absence of a resident, breeding population of Canada lynx;

  (2) The availability of more effective and/or practical alternatives for avoiding the incidental capture of lynx; and

  (3) The outcome of Maine’s Incidental Take Permit application process.

  4.17 Biological Collection.

  (a) Any person who obtains a trapping license shall complete and submit an annual biological collection trapper survey for the license season to the Department, within the timeline specified by the Commissioner.

  (b) The failure to complete and submit a biological collection survey to the Department shall be a nonpoint violation under 10 V.S.A. § 4502.

  5.0 Seasons, Bag Limits. The following seasons, methods and bag limits are hereby established for the species listed. All hunting seasons will be with or without dogs, except as otherwise provided. Below is the exclusive, exhaustive list of season and means of take of furbearing animals. The taking of furbearing animals at other times or by other means, except where otherwise provided by law, is prohibited. All dates are inclusive.

  Seasons Dates Bag Limit

  5.1 Beaver

  By trapping Fourth Sat. in Oct. No limit

  through March 31

  By hunting No open season Zero

  5.2 Otter

  By trapping Fourth Sat. in Oct.- No limit

  last day of March

  By hunting No open season Zero

  5.3 Marten No open season Zero

  5.4 Mink

  By trapping Fourth Sat in Oct.-Dec. 31 No limit

  By hunting No open season Zero

  5.5 Raccoon

  By trapping Fourth Sat. in Oct.-Dec. 31 No limit

  By hunting Second Sat. in Oct.-Dec. 31 No limit

  5.6 Bobcat

  By trapping December 1-December 16 No limit

  By hunting January 10-February 7 No limit

  5.7 Fox (red or grey)

  By trapping Fourth Sat. in Oct.-Dec. 31 No limit

  By hunting Fourth Sat. in Oct. through No limit

  the second Sun. in Feb.

  5.8 Skunk Fourth Sat. in Oct.-Dec. 31 No limit

  By trapping Fourth Sat. in Oct.-Dec. 31 No limit

  By hunting No closed Season No limit

  5.9 Muskrat

  By trapping Fourth Sat. in Oct.-March 31 No limit

  By hunting March 20-April 19 No limit

  5.10 Coyote

  By trapping Fourth Sat. in Oct.-Dec. 31 No limit

  By hunting No closed season No limit

  5.14 Fisher

  By trapping December 1-December 31 No limit

  By hunting No open season Zero

  5.15 Weasel

  By trapping Fourth Sat. in Oct.-Dec. 31 No limit

  By hunting No closed season No limit

  5.16 Opossum

  By trapping Fourth Sat. in Oct.-Dec. 31 No limit

  By hunting No closed season No limit

  5.17 Wolf No open season Zero

  5.18 Lynx No open season Zero

  5.19 With the exception of state and federally listed threatened and endangered species, seasons shall not be applicable to any person, who takes a furbearing animal in defense of persons or property for compensation, in accordance with 10 V.S.A. § 4828.

  6.0 Trapping Rabbits and Furbearers in Defense of Property for a Fee.

  6.1 In accordance with Sec. 11 of Act 170 from the 2017-2018 Adj Session, the following sections and subsections of Board rules set forth in Title 10, Appendix § 44 are applicable to trapping rabbits and furbearing animals in defense of property for compensation: 4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.8 (however, possession is allowed for the purpose of moving the animal to a more appropriate place for dispatch), 4.10, 4.11 (unless the animal has already been trapped), 4.14 (e), 4.16 (b), 4.17 (a) and (b). (Added 1961, No. 119, § 2, eff. May 9, 1961; amended 1966, Fish and Game Board Reg. No. —, eff. Jan. 1, 1967; 1974, Fish and Game Board Reg. No. 883, eff. Jan. 18, 1974; 1977, Fish and Game Board Reg. No. 904, § 3, eff. Jan. 1, 1978; 1977, No. 231 (Adj. Sess.); 1980, Fish and Game Board Reg. No. 917, eff. July 2, 1980; 1980, Fish and Game Board Reg. No. 925,§§ 1, 2, eff. Dec. 27, 1980; 1984, Fish and Game Board Reg. No. 949, eff. June 2, 1984; 1989, No. 36, § 2; 1995, Fish and Game Board Reg. No. 1008, eff. July 9, 1994; 2003, Fish and Wildlife Reg. No. 1008, eff. Oct. 31, 2003; 2007, Fish and Wildlife Reg. No. 1008, eff. Jan. 12, 2007; 2012 Fish and Wildlife Board Reg. eff. July 14, 2012; 2013 Fish and Wildlife Board Reg. eff. Jan. 1, 2014; 2017 Fish and Wildlife Board Reg. eff. Jan. 1, 2018; 2019, Fish and Wildlife Board Reg., eff. Jan. 1, 2020.)

• §§ 45-48. Repealed.