Title 10, Conservation and Development

§ 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 (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 establish requirements for the following by rule: (1…

§ 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…

§ 4251. Taking wild animals and fish; license (a) Except as provided in sections 4253 and 4254b of this title, a person shall not take wild animals or fish without first having procured a license therefor; provided, however, that a person under 15 years of age may take fish in ac…

§ 4252. Activities permitted under licenses (a) Subject to provisions of this part and rules of the Board: (1) A fishing license shall entitle the holder to take fish. (2) A hunting license shall entitle the holder to take wild animals, other than fish, except by trapping and for…

§ 4253. Landowner; family; exception (a) A resident owner of lands, his or her spouse, and their minor children may, without procuring a license under this chapter, take fish from the waters therein, shoot pickerel, and take wild animals or wild birds therein subject to the provi…

§ 4254. Fishing and hunting licenses; eligibility, design, distribution, sale, and issue (a) Fishing licenses. A fishing license may be issued to any person aged 15 or older. (b) Hunting licenses. A resident or nonresident hunting license, combination fishing and hunting license,…

§ 4254a. Trapping licenses (a) A resident, resident youth aged 17 or under on the date of license purchase, or nonresident trapping license may be issued to any person, provided that the applicant prior to issue first presents: (1) a certificate of satisfactory completion of a tr…

§ 4254b. Therapeutic group fishing license (a) As used in this section: (1) “Health care professional” means an individual licensed or certified or otherwise authorized by Vermont law to provide professional health services. (2) “Health service” means any treatment or procedure d…

§ 4254c. Notice of trapping; dog or cat A person who incidentally traps a dog or cat shall notify a fish and wildlife warden or the Department within 24 hours after discovery of the trapped dog or cat. The Department shall maintain records of all reports of incidentally trapped d…

§ 4255. License fees (a) Vermont residents may apply for licenses on forms provided by the Commissioner. Fees for each license shall be: (b) Nonresidents may apply for licenses on forms provided by the Commissioner. Fees for each license shall be: (c) A permanent or free license …

§ 4256. Mentored hunting licenses (a) An individual who holds a mentored hunting license shall be entitled to hunt only when accompanied by an individual 21 years of age or older who holds a valid hunting license under subsection 4254(b) of this title. A resident or nonresident m…

§ 4258. License; U.S. Armed Forces A license to hunt or fish shall be issued, upon payment of the resident license fee, to any member of the U.S. Armed Forces who is on active duty and stationed at some military, air, or naval post, station, or base within the State. The member o…

§ 4259. Vermont residents; U.S. Armed Forces Any resident of the State of Vermont who is serving in the U.S. Armed Forces or is performing or under orders to perform any homeland defense or State-side contingency operation, or both, for a period of 120 consecutive days or more sh…

§ 4261. Lost, replacement, or free license certificate (a) A person who has lost a license other than a lifetime license or permanent license may demand a lost license certificate from the agent of original issue. The fee shall be $5.00, which the agent may retain. If the agent o…

§ 4263. Expiration; nontransferability Licenses shall not be transferable and shall be dated when issued. Annual licenses shall be valid from January 1 of the calendar year for which they are issued or from the day of purchase and issue in that year as certified by the issuing ag…

§ 4266. Carrying and exhibiting license A person who is required to have a license, as provided in section 4251 of this title, shall not take fish or wild animals, or transport fish, game, or fur-bearing animals, unless at the time of such taking and transporting he or she has su…