Sources: Vermont Statutes Annotated, 1981 Replacement Edition, Title 10; 1992 Cumulative Pocket Supplement.
STATE WILDLIFE POLICY
It is the policy of the state that the protection, propagation control, management and conservation of fish, wildlife and fur-bearing animals in this state is in the interest of the public welfare, and that safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance. The Fish and Wildlife Board is the state agency charged with carrying out these purposes. An abundant, healthy deer herd is a primary goal of fish and game management. It is also acknowledged that although a statewide open season on antlerless deer is not recognized as desirable or necessary to achieve this goal, a limited antlerless season on a deer management unit basis could be an effective tool for harvesting an overpopulation of the deer herd [details of establishing anterless deer hunting season provided] (10-4081).
PROTECTED SPECIES OF WILDLIFE
The Commissioner shall adopt a rule establishing a plan for nongame wildlife. The rule may be amended from time to time, and shall be reviewed, after public hearings, at least every five years. The plan shall contain: strategies to manage, inventory, preserve, protect, perpetuate and enhance all nongame wildlife in the state, including identification of wildlife species in need of protection and information on their population distributions, habitat requirements, limiting factors and other pertinent biological and ecological data on nongame wildlife species in need of protection; estimates of resources available for these strategies; plans for research and education in nongame wildlife. In accordance with the plan, the Commissioner may make expenditures from the Nongame Wildlife Account. Expenditures shall be restricted to programs specified in the adopted plan, may be made under the terms of contracts with private organizations and groups, consistent with the purposes of the plan, and shall not exceed the moneys available in the account. The Commissioner may take appropriate actions to encourage taxpayers to make designations to the account, including explaining the purposes of the fund and the uses to which the account has been or will be applied (10-4048). (See Agency Funding Sources under STATE FISH AND WILDLIFE AGENCIES.)
The Secretary shall adopt by rule a state endangered species list and a state threatened species list. The listing for a species may apply to the whole or to a part of the state. The Secretary shall determine a species to be endangered if it normally occurs in the state and its continued existence as wildlife or a wild plant in the state is in jeopardy, and shall determine a species to be threatened if its numbers are significantly declining because of loss of habitat or human disturbance and unless protected will become endangered. In determining whether a species is endangered or threatened, the Secretary shall consider: the present or threatened destruction, modification or curtailment of the range or habitat of the species; over-utilization of the species for commercial, sporting, scientific, educational or other purposes; disease or predation affecting the species; the adequacy of existing regulation; actions relating to the species carried out or about to be carried out by a governmental agency or other person who may affect the species; other natural or man-made factors affecting the continued existence of the species. In determining whether a species is endangered or threatened, the Secretary shall: use the best scientific, commercial and other data available; consult with interested state or federal agencies, other states having a common interest in the species, and interested persons; notify the Governor of any state contiguous to Vermont in which the species affected is known to occur (10-5402).
Except as authorized under this chapter, a person shall not take, possess or transport wildlife or plants that are endangered or threatened. The Secretary, with advice of the endangered species committee, may adopt rules for protection and conservation of endangered and threatened species. Violation: fine up to $500. Violation for an endangered species: fine up to $1,000 on first offense; subsequent conviction, fine of $500 to $1,000. Violation for a threatened species: fine up to $500 on first offense; a subsequent conviction, fine of $250 to $500. A person who knowingly injures a threatened or endangered species may be required by the court to pay restitution of no more than $500 for veterinarian costs and related expenses incurred in treating and caring for the injured bird or animal (10-5403).
The Secretary, with the advice of the Endangered Species Committee, may establish conservation programs for threatened or endangered species of wildlife or plants, including the purchase of land or aquatic habitat and the formation of contracts for management of wildlife or wild plant refuge areas or for other purposes. All state agencies shall review programs administered by them which may relate to this chapter and in consultation with the Secretary shall utilize their authorities only in a manner which does not jeopardize conservation programs established by this chapter or by the Secretary. In addition to other methods of enforcement authorized by law, the Secretary may direct under this section that wildlife or wild plants seized because of violation of this chapter be transferred to a zoological, botanical, educational or scientific institution, and that the costs of the transfer may be charged to the violator. The Secretary, with the advice of the Endangered Species Committee, may adopt rules for the implementation of this section (10- 5405 through -5407).
After obtaining the advice of the Endangered Species Committee, the Secretary may permit, under such terms and conditions as the Secretary may prescribe by rule any act otherwise prohibited if done for the following purposes: scientific purposes; to enhance the propagation or survival of a species; economic hardship; zoological exhibition; educational purposes; special purposes consistent with the purposes of the federal Endangered Species Act. Nothing in this chapter shall prevent a person who holds a proper permit from the federal government or any other state from transporting an endangered or threatened species from a point outside this state within or without this state. Nothing in this chapter shall prevent a person from possessing in this state wildlife or wild plants which are not determined to be "endangered" or "threatened" under the federal Endangered Species Act where the possessor is able to produce substantial evidence that they were first taken or obtained in a place without violating the law of that place. No rule adopted under this chapter shall cause undue interference with normal agricultural or silvicultural practices. This section shall not be construed to exempt a person from the provisions of the federal Endangered Species Act. Nothing in this section permits a person to violate a provision of federal law concerning federally protected endangered species (10-5408).
HABITAT PROTECTION
A landowner, or a person having the exclusive right to take fish or wild animals upon land or waters thereon, who desires to protect such land or waters, may maintain notices stating that shooting and trapping are prohibited, or, that fishing is prohibited, or, that fishing, hunting and trapping are prohibited. Notices prohibiting the taking of wild animals shall be erected upon or near the boundaries of lands at each corner. Notices prohibiting the taking of fish shall show the date that the waters were last stocked and shall be maintained upon or near the shores of the waters. Legible signs must be maintained at all times and shall be dated each year. Signs shall be of a standard size and design as the Commissioner shall specify. The owner or person posting the lands shall record this posting annually in the town clerk's office. The town clerk shall file the record and it shall be open to public inspection. Land posted as provided shall be enclosed land (10-5201).
To post a stream as a private preserve under 10-5201, a person annually shall: stock the waters of each half mile of stream with at least 1,000 fry, 600 advanced fry, 300 fingerlings or 150 fish, each not less than 6 inches in length, and file with the Commissioner and the town clerk of the town in which the waters lie, immediately after stocking the waters, a sworn affidavit declaring that the provisions of this section have been complied with. The affidavit shall identify the number and kind of fish placed in the waters, the date they were purchased, and the person from whom they were purchased. When land or waters are stocked by the state with fish, wild animals or game, with the knowledge and consent of the owner, the owner may not prohibit the taking of fish, wild animals or game under 10-5201. However, the Commissioner may stock a private fishing preserve which allows some charitable or nonprofit organizations to use the area at no charge. In that case, the owner may prohibit the taking of fish or game by the general public (10-5202).
Permits for the control and destruction of vermin upon a game refuge may be granted by the Commissioner to such person and at such times as advisable (10-5214).
For a specified period of years, the Commissioner may prohibit or regulate the taking of wild animals upon public lands set aside with the approval of the Governor or upon private lands set aside, with the consent of the owner, for game refuges. At least thirty days before such a prohibition or regulation takes effect, the Commissioner shall file a copy of the same in the office of the town clerk of the town in which such lands lie. Notices reading "State Game Refuge; hunting is unlawful" shall be placed at conspicuous places on the boundaries of refuges. The Commissioner may issue a permit to a person, organization or group for rehabilitating sick or injured wild animals to a sufficient state of health so that may be returned to the wild. The Commissioner shall promulgate rules to implement this subsection (10-5215).
Consent of the state is given to the acquisition by the U.S. by purchase, gift, devise, or lease of such land or water, or of land and water in Vermont, as the U.S. may deem necessary for the establishment of migratory bird reservations in accordance with the act of Congress, approved February 18, 1929, entitled, "Act to more effectively meet the obligations of the United States under the migratory bird treaty with Great Britain (10-5216).
Select another State Summary
New Mexico Center for Wildlife Law
University of New Mexico School of Law
1117 Stanford NE, Albuquerque, NM 87131
(505) 277-5006
lprovenc@unm.edu