Title 10, Conservation and Development

§ 4271. Fur buyer’s license year; expiration of license Such licenses shall be effective from July 1 to June 30 inclusive. A person while engaged in the business of buying furs and skins shall have upon his or her person a license as provided in section 4268 of this title and on …

§ 4273. False statement by fur buyer No person shall make a false statement in an application for a fur buyer’s license or change or alter such a license in any way nor permit another to have or use such license. (Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4274. Fur buyer’s license; definition of “person” The word “person” as used in sections 4268-4273 of this title shall mean only an individual. (Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 4277. Migratory Waterfowl Stamp Program (a) Definitions. As used in this section: (1) “Migratory waterfowl” means all waterfowl species in the family anatidae, including wild ducks, geese, brant, and swans. (2) “Stamp” means the State migratory waterfowl hunting stamp furnished…

§ 4278. Falconry license (a) In this section, “raptor” means species of the orders Strigiformes, Falconiformes, and Accipitriformes. (b)(1) A Vermont resident may obtain, sell, transport, possess, and train raptor species allowable under State and federal laws and regulations for…

§ 4279. Lifetime licenses (a) A resident or nonresident lifetime fishing, hunting, or combination fishing and hunting license may be obtained upon application to the Department. (b) In order to obtain a resident lifetime license, an applicant must be a resident or a dependent of …

§ 4280. Taking wildlife during a period of license suspension A person shall not hunt, fish, or trap while a license or right to obtain a license is under suspension, including those persons who could otherwise hunt, fish, or trap pursuant to section 4253 of this title. (Added 20…

§ 4401. Suspension of open season by proclamation of Governor; exception (a) During an open season for the taking of game or fish, when it appears to the Governor that by reason of drought hunting, fishing, and trapping are likely to cause forest fires, he or she may by proclamat…

§ 4402. Recommendations of Secretary for closed season; proclamation; special season When in the opinion of the Secretary conditions exist that constitute an emergency calling for measures of protection for fish, wildlife, or fur-bearing animals additional to those provided by ex…

§ 4403. Suspension period A proclamation issued under section 4402 of this title shall continue in force until such date as is specified in the proclamation or until the Governor shall recall it or, if no expiration date is specified or recalling proclamation issued, until, but i…

§ 4404. Report of effect of closed season When the fishing or hunting season is wholly or partly closed by such proclamation, the Commissioner shall seasonably report to the Governor upon the effect of such action and the Governor may reopen or extend the season by proclamation f…

§ 4405. Publication (a) Proclamations made under the provisions of section 4401 or 4402 of this title shall be published in such newspapers of the State and posted in such places and in such manner as the Governor may order. A copy of such publication and order, attested by the S…

§ 4406. Violation of closed season; penalty During the time which shall be made a closed season as provided in section 4401 or 4402 of this title, the several provisions of law relating to closed seasons shall be in force and a person violating a provision thereof shall be subjec…

§ 4451. Adoption of Compact The Wildlife Violator Compact is hereby enacted into law and entered into by the State of Vermont with any and all states legally joining therein in accordance with its terms. The Compact is substantially as follows: (a) The party states find that: (1)…

§ 4452. Compact Administrator The Compact Administrator for Vermont shall be the Commissioner of Fish and Wildlife or a designated representative of the Commissioner. The duties of the Compact Administrator shall be deemed a regular part of the duties of the office of the Commiss…

§ 4453. Rulemaking The Department of Fish and Wildlife may adopt rules to carry out the purposes of this chapter. (Added 2011, No. 108 (Adj. Sess.), § 1.)

§ 4454. Penalties (a) Notwithstanding section 4502 of this title, the Commissioner may suspend a Vermont hunting, fishing, or trapping license and privileges to obtain such licenses of a person convicted of a wildlife violation in a state party to the Compact, provided that the w…

§ 4455. Withdrawal from Compact Withdrawal of Vermont from the Compact, as authorized under Article VIII of the Compact, shall be by an act or resolution of the General Assembly. (Added 2011, No. 108 (Adj. Sess.), § 1.)

§ 4501. Aiding in violations; sharing in proceeds A person who drives, transports, scouts, counsels, or otherwise aids another person in a violation of a provision of this part, or who knowingly possesses, consumes, or otherwise shares in the proceeds of such a violation by recei…

§ 4502. Uniform point system; revocation of license (a) A uniform point system that assigns points to those convicted of a violation of a provision of this part is established. The conviction report from the court shall be prima facie evidence of the points assessed. In addition …

§ 4503. Unlawful equipment, vehicle, forfeiture A person convicted of violating the provisions of section 4745, 4781, 4783, 4784, 4705(a), 4280, 4747, or 4606 of this title relating to taking big game shall forfeit to the Department of Fish and Wildlife the firearms, jacks, artif…

§ 4504. Duties of prosecutor and warden (a) When firearms, jacks, artificial lights, motor vehicles, and any other devices used in the taking or transportation of big game are seized or taken by a game warden or other officer, with or without a warrant, the officer who makes the …

§ 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.).)