Title 10, Title 10: Conservation and Development

§ 4505. Hearing; forfeiture The game warden or other officer shall retain possession of firearms, jacks, lights, motor vehicles, and devices taken until final disposition of the charge against the owner, possessor, or person using the same in violation of the provisions of sectio…

§ 4506. Disposal order If, upon hearing, it appears that such firearm, jack, light, vehicle, and device was used or intended to be used contrary to law, it shall be adjudged forfeited and condemned, and shall be turned over to the game warden or other officer for the benefit of t…

§ 4507. Costs of condemnation Upon condemnation of such firearm, jack, light, vehicle, or device, any and all persons before such court, pursuant to the provisions of sections 4505 and 4506 of this title, shall be liable to pay the costs of the condemnation proceedings, if, in th…

§ 4508. Sale of forfeited equipment Upon seizure of such firearm, jack, light, vehicle, or device without a warrant, a game warden or other officer shall forthwith make complaint, under oath, subscribed by him or her, to a court or magistrate having jurisdiction of offenses hereu…

§ 4509. Proceeds; accounting; liens The Commissioner shall make return in writing to the court issuing such order of sale and shall transmit to the court therewith from the proceeds of such sale all costs of condemnation proceedings not taxed against other persons as herein provi…

§ 4510. Rights of innocent owner Nothing contained in sections 4503-4509 of this title shall prejudice the rights of the bona fide owner of any such device upon affirmative proof by him or her that he or she had no express or implied knowledge that such forfeited property was bei…

§ 4511. Reopening forfeiture proceedings; rehearing; jurisdiction of courts (a) At any time within one year after such property shall have been adjudged forfeited, and upon notice to the State’s Attorney of the county, a claimant, upon showing that he or she had no knowledge of t…

§ 4512. Appeal Appeals from the orders or judgments of a court or magistrate entered or made pursuant to the provisions of sections 4503-4511 of this title shall be allowed in the same manner and to the same extent as provided in criminal causes. (Added 1961, No. 119, § 1, eff. M…

§ 4513. Unlawful devices for taking fish or wild animals; confiscation; sale Fish, wild animals, and illegal devices for taking fish or wild animals found in the possession of a person in violation of a provision of this part, shall be seized and confiscated in the name of the St…

§ 4514. Possession of flesh of game; restitution (a) When legally taken, the flesh of a fish or wild animal may be possessed for food for a reasonable time thereafter and such flesh may be transported and stored in a public cold storage plant. Nothing in this section shall author…

§ 4515. General penalty Whoever violates or attempts to violate a provision of this part or an order or regulation of the Board or of the Commissioner for which no other penalty is provided shall be fined not more than $1,000.00. (Added 1961, No. 119, § 1, May 9, 1961; amended 19…

§ 4517. Destruction of State property (a) Whoever intentionally or recklessly damages, injures, interferes with, or destroys any property, real or personal, belonging to or controlled by the State for fish, game, or wildlife purposes shall be fined not more than $2,500.00. (b) A …

§ 4518. Big game violations; threatened and endangered species; suspension; violations (a) Whoever violates a provision of this part or orders or rules of the Board that constitutes a big game violation shall be fined not more than $2,000.00 nor less than $500.00 or imprisoned fo…

§ 4519. Assurance of discontinuance (a) As an alternative to judicial proceedings, the Commissioner may accept an assurance of discontinuance of any violation of this part. An assurance of discontinuance may include, but need not be limited to: (1) specific actions to be taken; (…

§ 4520. Administrative penalties (a) In addition to other penalties provided by law, the Commissioner may assess administrative penalties, not to exceed $1,000.00, for each violation of this part. (b) In determining the amount of the penalty to be assessed under this section, the…

§ 4520a. Notice and hearing requirements (a) The Commissioner shall use the following procedures in assessing the penalty under section 4520 of this title: the Attorney General or an alleged violator shall be given an opportunity for a hearing after reasonable notice; and the not…

§ 4521. Failure to stop (a) An operator of a motor vehicle or vessel shall bring the vehicle or vessel to a stop when signaled to do so by a warden or deputy warden wearing a uniform identifying him or her as such or operating a law enforcement vehicle or vessel sounding a siren …

§ 4522. Unclaimed evidence (a) Notwithstanding 27 V.S.A. chapter 14, upon final disposition of a charge relating to a violation of this part, a person shall reclaim and remove his or her property seized as evidence of the violation from the fish and wildlife warden or officer in …

§ 4551. Fish and wildlife violation defined A violation of any provision of this part, other than a violation for which a term of imprisonment may be imposed or a minor violation as defined in section 4572 of this title, shall be a fish and wildlife violation. (Added 1977, No. 22…

§ 4552. Jurisdiction; venue The Vermont Criminal Division of the Superior Court shall have exclusive jurisdiction over fish and wildlife violations with the exception of violations related to section 4572 and chapters 123 and 124 of this title. Venue for adjudicating fish and wil…

§ 4553. Information and summons; form (a) In all fish and wildlife violations the information and summons may be in the form known as the “Uniform Fish and Wildlife Information.” The Court Administrator shall prepare the form for the uniform fish and wildlife information. The Cou…

§ 4554. Procedure on failure to appear; notice If a defendant fails to appear or answer an information or summons served upon him or her, the court shall immediately report the name of the defendant and other pertinent facts to the Commissioner. The Commissioner shall mail a noti…

§ 4555. Answers to uniform fish and wildlife informations (a) A person who is charged with committing a violation of this part may waive appearance and trial with the consent of the prosecuting attorney and plead guilty or nolo contendere by a signed statement. The person shall s…

§ 4557. Supreme Court rules The Supreme Court may make and amend rules consistent with this subchapter governing proceedings under this subchapter. The rules shall be adopted under 12 V.S.A. § 1. (Added 1977, No. 229 (Adj. Sess.).)

§ 4571. Legislative findings; minor fish and wildlife violations defined The General Assembly recognizes that minor fish and wildlife violations must be dealt with fairly but do not require the full weight of the Criminal Justice System. Minor fish and wildlife violations do not …

§ 4572. Definitions (a) As used in this subchapter, a minor fish and wildlife violation means: (1) a violation of 10 V.S.A. § 4145 (violation of access and landing area rules); (2) a violation of 10 V.S.A. § 4251 (taking wild animals and fish without a license); (3) a violation o…

§ 4574. Procedure Minor fish and wildlife violations shall be heard by the Bureau and the procedure shall be as provided in 4 V.S.A. chapter 29. (Added 1995, No. 181 (Adj. Sess.), § 10, eff. Sept. 1, 1996; amended 1997, No. 121 (Adj. Sess.), § 7.)

§ 4575. Suspension for failure to pay In the case of failure to pay a penalty, the Judicial Bureau shall mail a notice to the defendant at the address in the complaint notifying the defendant that failure to pay or otherwise satisfy the penalty within 20 days of the notice will r…

§ 4576. Violation report; assessment of points The Bureau shall send a report of each finding of a minor fish and wildlife violation to the Commissioner of the Fish and Wildlife Department. Such a finding shall be prima facie evidence of a violation and shall result in assessment…

§ 4577. Reports The Court Administrator shall prepare audits, records, and reports relating to minor fish and wildlife complaints and violations. The Court Administrator shall also notify the Commissioner of Fish and Wildlife of any violations which are uncontested or admitted or…