Title 10, Title 10: Conservation and Development

§ 4047. Department of Fish and Wildlife funds (a) The receipts of the Department of Fish and Wildlife shall not become a part of the General Fund of the State but shall be used solely for the Department of Fish and Wildlife. Interest on the cash balance of Department receipts sha…

§ 4047a. Raffles; Department authority (a) Notwithstanding the provisions of 13 V.S.A. chapter 51, the Department may organize and execute raffles to dispose of property, and a person may participate in raffles executed by the Department, provided that the proceeds of raffles exe…

§ 4048. Nongame Wildlife Account; expenditures (a) A Nongame Wildlife Account is created and shall consist of: (1) funds appropriated by the General Assembly, subject to availability of funds generated pursuant to 32 V.S.A. § 5862a; (2) funds from public and private sources that …

§ 4049. Fish and Wildlife Trust Fund (a) The General Assembly recognizes the importance to the people of Vermont of conserving Vermont’s fish and wildlife resources. Therefore, in order to provide the opportunity for Vermonters to invest in the future of its fish and wildlife res…

§ 4049a. Green Mountain Conservation Camp Endowment Fund (a) There is established in the Agency of Natural Resources a fund to be known as the Green Mountain Conservation Camp Endowment Fund, to be managed by the Secretary and from which expenditures may be made by the Commission…

§ 4049b. Green Mountain Conservation Camp Endowment Fund Committee (a) There is created a Green Mountain Conservation Camp Endowment Fund Committee comprising five members who shall serve for concurrent terms of four years. Members of the Committee shall be appointed by the Commi…

§ 4050. Watershed Management Account (a) There is created a Watershed Management Account within the Fish and Wildlife Fund for the purpose of protecting the Lake Champlain, Lake Memphremagog, and Connecticut River and Hudson River watersheds. The Account shall consist of: (1) rec…

§ 4081. Policy (a)(1) As provided by Chapter II, § 67 of the Constitution of the State of Vermont, the fish and wildlife of Vermont are held in trust by the State for the benefit of the citizens of Vermont and shall not be reduced to private ownership. The State of Vermont, in it…

§ 4082. Vermont Fish and Wildlife Regulations (a) The Board may adopt rules, under 3 V.S.A. chapter 25, to be known as the “Vermont Fish and Wildlife Regulations” for the regulation of fish and wild game and the taking thereof except as otherwise specifically provided by law. The…

§ 4083. Fish Any rule or amendment to a rule adopted pursuant to this subchapter that relates to fish may apply to all or any portion of the State and may address any or all of the following as to any species or varieties of fish: (1) establish, extend, shorten, or abolish open s…

§ 4084. Game (a) Rules concerning wild game may: (1) establish open seasons; however, rules regarding taking of deer adopted under this subdivision shall, unless there is a scientific reason not to do so, make provision for a regular rifle hunting season of no fewer than 16 conse…

§ 4085. Reptiles and amphibians; taking; possession [Subsection (a) effective January 1, 2027.] (a) A person shall not intentionally take a reptile or amphibian in the State unless authorized by rules adopted under subsection (b) of this section. (b) The Commissioner may establis…

§ 4132. General duties of Commissioner (a) The Commissioner shall have charge of the enforcement of the provisions of this part. (b) The Commissioner may publish such bulletins as he or she deems advisable for information and instruction concerning the work of the Department and …

§ 4135. Finances, accounts (a) All monies received by the Commissioner shall be deposited into the State Treasury and credited to the Fish and Wildlife Fund. (b) All payments by the Commissioner from the Fish and Wildlife Fund shall be disbursed from the State Treasury only upon …

§ 4136. Propagation and distribution of fish and wild animals The Commissioner shall have charge of the propagation and distribution of fish and wild animals, and shall provide for the construction, maintenance, and operation of fish culture facilities, fishways, screens, and wei…

§ 4137. Taking by U.S. Armed Forces The Commissioner may, upon request of appropriate authorities, permit the taking of fish and wild animals in such manner as he or she shall specify by designated units of the U.S. Armed Forces while undergoing maneuvers of the type known as “su…

§ 4138. Control of fish, game; powers of Commissioner (a) The Commissioner may take, permit, or cause to be taken at any time from any waters, and in any manner, fish that hinder or prevent the propagation of game or food fish and may take, permit, or cause to be taken at any tim…

§ 4139. Closed waters by agreement with owners of land The Commissioner, by agreement with the owners of lands through which private waters flow or in which private waters lie, the same not being boatable waters, may close such waters, or parts thereof, against fishing, and such …

§ 4140. Closing waters during spawning Not less than 10 days prior to and continuing 10 days after the usual spawning periods of any species of game or food fish, the Commissioner may close portions of waters where such species congregate preparatory to or during the spawning sea…

§ 4141. Public and private waters, powers as to; private preserve or propagation farm, filing notice of intent Waters, except closed waters, stocked by the Commissioner, thereafter shall be treated as public waters, but he or she may prohibit fishing therein for a period of not e…

§ 4142. Test waters; notices (a) For the purpose of securing data relative to the propagation of fish, the Commissioner may designate as test waters streams and ponds within the State. He or she shall cause notices of the designation of any pond or stream as a test water to be pu…

§ 4143. Power to sell fish for stocking, other purposes (a) The Commissioner may sell fish fry, fingerlings, and adult trout to residents of this State for the purpose of stocking waters in the State and he or she may sell to residents fish reared by the State. Such fish shall be…

§ 4144. Acquisition of property by State, closed season (a) The Secretary with approval of the Governor may acquire for the use of the Department of Fish and Wildlife by gift, purchase, or lease any and all rights and interests in lands, ponds, or streams, and hunting and fishing…

§ 4145. Access, landing area rules (a) The Board may adopt rules, under 3 V.S.A. chapter 25, to regulate the use by the public of access areas, landing areas, parking areas, or of other lands or waters acquired or maintained pursuant to section 4144 of this title. Such rules shal…

§ 4146. Public shooting grounds; establishment The Commissioner may establish public shooting grounds on land acquired or controlled by and under the jurisdiction of the Department. The Commissioner may, for a specified period of time, prohibit or regulate the taking of wild anim…

§ 4147. Fish and wildlife lands (a) Notwithstanding the provisions of 29 V.S.A. § 166, the Secretary with the approval of the Governor may convey, exchange, sell, or lease lands of the Department of Fish and Wildlife for one or more of the following purposes: (1) resolving trespa…

§ 4148. Trespass on State property A person shall not trespass, in violation of regulations, upon property under the jurisdiction of the Secretary. (Added 1961, No. 119, § 1; amended 1991, No. 230 (Adj. Sess.), § 17.)

§ 4149. State Ornithologist The Commissioner, by virtue of his or her office, shall be State Ornithologist and as such may employ, subject to the approval of the Governor, one or more assistants. (Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4150. Study of birds; dissemination of information The Ornithologist or his or her assistants shall investigate the distribution, food, and unity of the birds of the State, study regarding their relations to insects and other pests, and disseminate the information thus obtained…

§ 4151. Bulletins regarding birds; lectures The Ornithologist or his or her assistants may prepare bulletins regarding the birds of the State, means of protecting them, the methods of protecting crops from birds and other economic matters relating to birds, and the same may be pu…

§ 4152. Permits for scientific and educational collections (a) The Commissioner may issue permits to a properly accredited person or educational institution permitting the holder thereof to collect birds, their nests and eggs, and fish and wild animals or parts thereof, for publi…

§ 4153. Lifetime license; award (a) The Commissioner is authorized to hold an annual drawing of applications for prizes that the Department may have available such as lifetime or other licenses, time at a Fish and Wildlife Conservation Camp, and fish and wildlife publications. Ho…

§ 4191. Game wardens, number, record (a) The Commissioner, with the approval of the Governor, may employ a chief game warden and as many State game wardens as may be required for the proper enforcement of the fish and wildlife laws of the State. These officers shall be included i…

§ 4192. Duties of deputy game wardens Deputy game wardens shall have authority to enforce all provisions of this part and all orders and rules adopted thereunder. They shall also have authority to enforce the provisions of chapter 47 of this title, 13 V.S.A. § 3705, 24 V.S.A. § 2…

§ 4193. Seizure; power to arrest (a) The Chief Game Warden and State and deputy game wardens shall seize fish or wild animals taken or held in violation of a provision of this part or regulations or orders authorized under this part. They may arrest, without warrant and on view, …

§ 4195. Power as to forest fires; payment (a) While in and about the woods, the game wardens shall caution persons as to the danger of fires and shall extinguish a fire left burning. When a fire is threatening to extend beyond his or her control, the game warden shall notify all …

§ 4196. Instructions and meetings The Chief Game Warden, with the advice and consent of the Commissioner, shall instruct and assist the game wardens in their duties and from time to time may call such wardens together at some time and place designated by the Commissioner for inst…

§ 4197. Records and reports A game warden shall keep a record of his or her official acts in the manner and form prescribed by the Commissioner. He or she shall submit such record and such reports to the Commissioner as he or she may require. (Added 1961, No. 119, § 1, eff. May 9…

§ 4198. Police powers; training; State game wardens; deputy game wardens Upon obtaining from the Vermont Criminal Justice Council Level II or Level III law enforcement officer certification as established in 20 V.S.A. § 2358, State game wardens and deputy game wardens shall have …

§ 4199. Reciprocal assistance agreements (a) In this section, “officer” means a game warden, a conservation law enforcement officer, or a person in another state charged with enforcing the fish and wildlife laws of that state. (b) The Commissioner may enter into a reciprocal assi…