§ 1. Wild animals generally.

Wild animals, other than protected birds or game or furbearing animals, may be taken at any time, by any lawful means, by any person, holding a valid license for such taking or by any person permitted by law to take game without a license.

Added 1961, No. 119 , § 2, eff. May 9, 1961.

§ 2. Report, big game.

1. Unless otherwise specified in the 10 App. V.S.A. section relating to the specific big game species, a person taking big game, as defined by 10 V.S.A. § 4001(31) , pursuant to the seasons provided by law or regulation of the Fish and Wildlife Board, shall within 48 hours report the taking and exhibit the carcass in the manner required by the Commissioner. The Commissioner may authorize a person taking big game to report in the following manners including but not limited to; electronic reporting via email or website or mobile application, telephone, or in-person reporting. The Commissioner may waive the exhibition of the carcass unless requested by a warden. The Commissioner shall publish the reporting and exhibition requirements.
2. Notwithstanding the reporting requirements of 10 App. V.S.A. § 7 subsection 8.3 of the Bear Management Rule and 10 App. V.S.A. § 33 subsection 14.3 of the Moose Management Rule, in the event of an emergency, the Commissioner may authorize any person who takes big game to report and exhibit the carcass in the manner required by the Commissioner. The Commissioner shall publish the reporting and exhibition requirements during the emergency period. For the purposes of this section, "emergency" shall mean "a serious, unexpected, and dangerous situation that poses a threat to public health or safety, or to wildlife or natural resources, and requires immediate action."
3. No big game carcass shall be transported out of the State without first being reported as required herein.
4. The Commissioner shall pay to the authorized agent a fee of $1.00 for each report taken on species where reports are required by law.

   Added 1961, No. 119 , § 2, eff. May 9, 1961; amended 1963, No. 144 ; 1971, No. 84 , § 5; 1976, Fish and Game Board Reg. No. - , eff. Jan. 1, 1977; 1977, No. 225 (Adj. Sess.), § 9, eff. April 12, 1978; 1982, Fish and Game Board Reg. No. 935, § 2, eff. Sept. 1, 1982; 1985, No. 120 (Adj. Sess.), § 6, eff. April 16, 1986; 1993, Fish and Wildlife Board Reg. No. 996, eff. April 22, 1993; 2019 (Adj. Sess.) Fish and Wildlife Reg, eff. Oct. 23, 2020.

§ 2a. Big game; tagging.

1. A person taking big game, as defined by 10 V.S.A. § 4001(31) , pursuant to the seasons provided by law or regulation of the Fish and Wildlife Board, shall immediately tag the big game carcass upon taking. The tag shall be placed on the big game carcass in a location that is open to view. Such tag shall remain on the big game carcass during possession and transportation and until such time that the animal is cut up for consumption.
2. A person shall not transport parts of a big game animal unless the parts or package containing them are marked with the name and address of the person who killed the big game.
3. A person may transport into and possess in this state big game legally taken in another state or country provided such person shall retain the tag required to be attached to the carcass by the state or country where taken and mark each package of meat with the name of the person who took the animal, tag number, date, and state or country of origin.

   Added 1968, Fish and Game Board Reg. No. 778, eff. Jan. 1, 1969; amended 1985, Fish and Wildlife Board Reg. No. 957, eff. July 5, 1985; 1987, Fish and Wildlife Board Reg. No. 957, eff. Jan 1, 1987; 1989, Fish and Wildlife Board Reg. No. 957, eff. Nov. 24, 1989; 1992, Fish and Wildlife Board Reg. No. 957, eff. Nov. 14, 1992; 2008, Fish and Game Board Reg. No. 957, eff. Sept. 6, 2008.

§ 2b. Wildlife Management Units.

1. Annual Public Meetings.

   Five Regions are established for annual public meetings on deer herd management pursuant to 10 V.S.A. § 4081(f) . The Regions are comprised of Wildlife Management Units (WMU)s,, as delineated in section 2.0 below, and are as follows:

2. WMU boundaries.

   The WMU district boundaries are all those lands enclosed within the boundary lines described for each unit as follows:

   Unit A - All of Grand Isle County including the islands.

   Unit B - Beginning at the junction of the United States/Canadian Border and the Grand Isle/Franklin Counties Border proceed east along the Canadian Border to its intersection with State Route 139 in Richford. Then proceed southerly along that road to State Route 105. Continue southerly along Route 105 to State Route 108 in Enosburg Falls and then southerly along Route 108 to its intersection with the Upper Pleasant Valley Road (Cambridge T.H. #5) in Jeffersonville. Continue southerly along the Upper Pleasant Valley Road to the Pleasant Valley Road and then southerly along the Pleasant Valley Road (Cambridge T.H. #1, Underhill T.H. #1) which becomes River Road (Jericho T.H. #5) and along that road to State Route 15. Then south along Route 15 to the Brown's Trace Road (Jericho T.H. #1, #3, and #4) and along that road which becomes the Jericho Road (Richmond T.H. #4). Continue along the Jericho Road to Bridge Street in Richmond and along Bridge Street to the Winooski River. Then westerly along the Winooski River to its mouth at Lake Champlain and then in a northwesterly direction to the Grand Isle/Chittenden County Border. Then north along that border to the point of beginning.

   Unit C - Beginning at the junction of the United States/Canadian Border and State Route 139 in Richford proceed east along the Canadian Border to State Route 243 in North Troy. Then proceed southerly along that road to State Route 105. Then southerly along Route 105 to State Route 101 and southerly along Route 101 to State Route 100 in Troy. Continue south along Route 100 to State Route 15 in Hyde Park then west along Route 15 to State Route 108 in Jeffersonville. Then north along Route 108 to State Route 105 in Enosburg Falls and north along Route 105 to State Route 139 and north along Route 139 to the point of beginning.

   Unit D - Beginning at the United States/Canadian Border and State Route 243 in North Troy proceed east along the Canadian Border to Line Farm Road (Holland T.H. #13) in Holland. Then south along that road to Holland Pond Road (Holland T.H. #4 & #19). Then west, turning south on Holland Pond Road to Valley Road (Holland T.H. #1, Morgan T.H. #1). Continue south along Valley Road to State Route 111 in Morgan. Then east on Route 111 to State Route 114. Then proceed south along Route 114 to State Routes 114/105, and continue south on Route 114 to Mountain Road (Burke #7) in East Burke. Then east on Mountain Road to Kirby Road (Burke T.H. #8, Lyndon T.H. #7) then south on Kirby Road which becomes Ridge Road (Kirby T.H. #1), continue south on Ridge Road to Kirby Mountain Road (Kirby T.H. #29) and south on that road to Ranney Hill Road (Kirby T.H. #29) and east on that road to Wood Lane (Kirby T.H. #29) and then south on Wood Lane which becomes Brook Road (Concord T.H. #66) to U.S. Route 2 Concord. Then west along U.S. Route 2 to State Route 15 in West Danville and west along Route 15 to State Route 100 in Hyde Park. Then north along Route 100 to State Route 101 in Troy and north along Route 101 to State Route 105. Continue north along Route 105 to State Route 243, then north along Route 243 to the point of beginning. Wildlife Management Unit D is subdivided into subunits D1 and D2.

   Subunit D1 - is that part of Unit "D" lying West of a line commencing at the junction of State Routes 15 and 16 in Hardwick and proceeding northerly along State Route 16 to State Route 5A in Westmore, then northerly on Route 5A to Hudson Road (Charleston T.H. #1) in Charleston. Then southeast on Hudson Road to State Route 105. Continue southeast on Route 105 ending at its junction with State Route 114 in Brighton.

   Subunit D2 - is that part of Unit "D" lying East of a line commencing at the junction of State Routes 15 and 16 in Hardwick and proceeding northerly along State Route 16 to State Route 5A in Westmore, then northerly on Route 5A to Hudson Road (Charleston T.H. #1) in Charleston. Then southeast on Hudson Road to State Route 105. Continue southeast on Route 105 ending at its junction with State Route 114 in Brighton.

   Unit E - Beginning at the United States/Canadian Border and Line Farm Road (Holland T.H. #13) in Holland proceed east along the Canadian Border to the Vermont/New Hampshire Border at Canaan. Then south along the New Hampshire Border to U.S. Route 2 in Guildhall. Then west along U.S. Route 2 to Brook Road (Concord T.H. #66) in Concord. Then north on Brook Road which becomes Wood Lane (Kirby T.H. #29), then west on Ranney Hill Road (Kirby T.H. #29) to Kirby Mountain Road (Kirby T.H. #29) then north on that road to Ridge Road (Kirby T.H. #1). Continue north on Ridge Road which becomes Kirby Road (Burke T.H. #8, Lyndon T.H. #7) and north on that road to Mountain Road (Burke T.H. #7) and west on Mountain Road to State Route 114 in East Burke. Then north along Route 114 to State Routes 114/105, continue north on Route 114 State Route 111 in Morgan. Then west along Route 111 to Valley Road (Morgan T.H. #1, Holland T.H. #1) and north on Valley Road to Holland Pond Road (Holland T.H. #4 & #19). Continue north, then east on Holland Pond Road to Line Farm Road (Holland T.H. #13) then north on that road to the point of beginning. Wildlife Management Unit E is subdivided into subunits E1 and E2.

   Subunit E1 - All of the Unit E as described previously north of State Route 105.

   Subunit E2 - All of the Unit E as described previously south of State Route 105.

   Unit F - Beginning at the mouth of the Winooski River at Lake Champlain in Colchester proceed east along the river to Bridge Street in Richmond. Then south along Bridge Street to Huntington Road (Richmond T.H. #1), and south along it where it becomes Main Road (Huntington T.H. #1) continuing south to the Hinesburg Hollow Road (Huntington T.H. #2, Starksboro T.H. #2). Then west along the Hinesburg Hollow Road which becomes Hollow Road (Hinesburg T.H. #5) to State Route 116. Continue south along Route 116 to State Route 125 in East Middlebury and then east on that road to the Upper Plains Road (Middlebury T.H. #11, Salisbury #5). Then south along that road to State Route 53 and along it to State Route 73 in Forest Dale. Proceed westerly on Route 73 to Mount Independence Road (Orwell T.H. #2) in Orwell. Then westerly on that road to Chipman's Point Road (Orwell T.H. #2), and west on that road to Lake Champlain. Then on a west line to the Vermont/New York Border and then north along New York Border to the Grand Isle County Border. Then southeast to the mouth of the Winooski River and the point of beginning. Wildlife Management Unit F is subdivided into subunits F1 and F2.

   Subunit F1 - is that part of Unit "F" lying West of a line commencing at the junction of State Routes 22A and 73 in the Town of Orwell, then proceeding northerly along Route 22A to State Route 74 in Shoreham, then northerly along Route 74 to State Route 30 in Cornwall. Continue northerly along Route 30 to U.S. Route 7 in Middlebury then northerly along U.S. Route 7 to the Monkton Road (Ferrisburg T.H. #2, Monkton T.H. #1) in Ferrisburg. Then northerly along the Monkton Road which becomes Silver Street (Hinesburg T.H. #4) to State Route 116 in Hinesburg and northerly along Route 116 to State Route 2A in St. George and then northerly along 2A ending at its junction with the Winooski River in Williston.

   Subunit F2 - is that part of Unit "F" lying East of a line commencing at the junction of State Routes 22A and 73 in the Town of Orwell, then proceeding northerly along Route 22A to State Route 74 in Shoreham, then northerly along Route 74 to State Route 30 in Cornwall. Continue northerly along Route 30 to U.S. Route 7 in Middlebury then northerly along U.S. Route 7 to the Monkton Road (Ferrisburg T.H. #2, Monkton T.H. #1) in Ferrisburg. Then northerly along the Monkton Road which becomes Silver Street (Hinesburg T.H. #4) to State Route 116 in Hinesburg and northerly along Route 116 to State Route 2A in St. George and then northerly along Route 2A ending at its junction with the Winooski River in Williston.

   Unit G - Beginning at the junction of State Route 108 and the Upper Pleasant Valley Road (Cambridge T.H. #5) in Jeffersonville proceed north on Route 108 to State Route 15. Then east on Route 15 to State Route 100 in Morrisville and then south on that road to State Route 17 in Waitsfield. Continue westerly along Route 17 to State Route 116 in Bristol then north along that road to Hollow Road (Hinesburg T.H. #5). Proceed easterly along Hollow Road which becomes Hinesburg Hollow Road (Starksboro T.H. #2, Huntington T.H. #2) to Main Road (Huntington T.H. #1) then north on Main Road which becomes Huntington Road (Richmond T.H. #1) and along that road to Bridge Street in Richmond. Continue along Bridge Street to the Jericho Road (Richmond T.H. #4) and north along Jericho Road which becomes Brown's Trace Road (Jericho T.H. #1, #3, #4) to State Route 15 and along Route 15 to River Road (Jericho T.H. #5) which turns into the Pleasant Valley Road (Underhill T.H. #1, Cambridge #1). Continue on that road to the Upper Pleasant Valley Road (Cambridge T.H. #5) and northerly along it to the point of beginning.

   Unit H - Beginning at the intersection of State Routes 15 and 100 in Morristown, proceed east along Route 15 to U.S. Route 2 in West Danville. Then east along U.S. Route 2 Peacham Road (Danville T.H. #3) in Danville, then south on the Peacham Road which becomes the Peacham Danville Road, then becomes the Bayley-Hazen Road (Peacham T.H. #1) to Peacham where it becomes South Main Street (Peacham T.H. #1). Continue south along that road which then becomes the Peacham Groton Road (Peacham T.H. #3) changing to Peacham Road (Barnet T.H. #4, Ryegate T.H. #4) to Groton where it becomes Minard Hill Road (Groton T.H. #2). Continue south on that road to U.S. Route 302. Proceed west on U.S. Route 302 to U.S. Route 2 in Montpelier and then westerly along U.S. Route 2 to State Route 100 in Waterbury. Then north along Route 100 to the point of beginning.

   Unit I - Beginning at the intersection of State Routes 116 and 17 in Bristol, proceed east along Route 17 to State Route 100 in Waitsfield. Then south along Route 100 to U.S. Route 4 in Killington, and then west on U.S. Route 4 to U.S. Route 7 in Rutland. Then north along U.S. Route 7 to State Route 73 in Brandon. Then easterly along Route 73 to State Route 53 in Forest Dale and north along Route 53 to the Upper Plains Road (Salisbury T.H. #5, Middlebury T.H. #11). Proceed north along the Upper Plains Road to State Route 125 in East Middlebury and west along Route 125 to State Route 116, then north along Route 116 to the point of beginning.

   Unit J - Beginning at the intersection of State Route 100 and U.S. Route 2 in North Moretown proceed east on U.S. Route 2 to U.S. Route 302 in Montpelier and along U.S. Route 302 to Minard Hill Road (Groton T.H. #2) in Groton. Then northerly on Minard Hill Road which then becomes Peacham Road (Barnet T.H. #4, Ryegate T.H. #4). Continue north along that road which then becomes the Peacham Groton Road (Peacham T.H. #3) to South Peacham where it becomes South Main Street (Peacham T.H. #1). Continue north on that road which becomes the Bayley-Hazen Road then becomes the Peacham Danville Road (Peacham T.H. #1) to Danville where it becomes the Peacham Road (Danville T.H. #3). Continue north on that road to U.S. Route 2. Proceed east along U.S Route 2 to the Vermont/New Hampshire Border in Guildhall. Then south along the New Hampshire border to U.S. Route 4 in White River Junction and then west on U.S. Route 4 to State Route 14 and west along Route 14 to State Route 107 in North Royalton. Continue west on Route 107 to State Route 100 in Stockbridge and north along Route 100 to the point of beginning. Wildlife Management Unit "J" is subdivided into subunits J1 and J2.

   Subunit J1 - is that part of Unit "J" lying West of a line commencing at the junction of State Routes 14 and 110 in South Royalton, then proceeding northerly along Route 110 ending at its junction with U.S. Route 302 in East Barre.

   Subunit J2 - is that part of Unit "J" lying East of a line commencing at the junction of State Routes 14 and 110 in South Royalton, then proceeding northerly along Route 110 ending at its junction with U.S. Route 302 in East Barre.

   Unit K - Beginning at the Vermont/New York Border off Chipman's Point Road in Orwell, proceed east along Chipman's Point Road to Mount Independence Road (Orwell T.H. #2) and along that road to State Route 73. Continue east on Route 73 to U.S. Route 7 in Brandon. Then south along U.S. Route 7 to Mt Tabor Ave (Mt. Tabor T.H. #1) in Mt. Tabor and west along that road to Brook Road (Danby T.H. #1). Then west on Brook Road to the Danby/Pawlet Road (Danby T.H. #1, Pawlet T.H. #4). Then west along that road to State Route 133 in Pawlet and along Route 133 to State Route 30, then westerly along Route 30 to State Route 149 and along Route 149 to the Vermont/New York Border. Then north along the New York Border to the point of beginning.

   Unit L - Beginning at the intersection of U.S. Routes 4 and 7 in Rutland, proceed east along U.S. Route 4 to State Route 100 in Bridgewater. Then south along Route 100 to State Route 30 in Rawsonville and then west along Route 30 to the junction of State Route 11 in Winhall. Continue west on Routes 11/30 to U.S. Route 7 in Manchester and north along U.S. Route 7 to the point of beginning.

   Unit M - Beginning at the intersection of State Routes 100 and 107 in Stockbridge proceed east on Route 107 to State Route 12. Then south on Route 12 to US Route 4 in Woodstock. Then west on Route 4 to State Route 106 and continue south on Route 106 to State Route 131 in Weathersfield, proceed west on Route 131 to State Route 103 in Proctorsville. Then south on Route 103 to State Route 11 to State Route 35 in Chester. Continue south on Route 35 to State Route 35/121 in Grafton. Then south on Route 35 to State Route 30 in Townshend. Then northwesterly on Route 30 to State Routes 30 and 100. Then north on Vermont Routes 30/100 to Rawsonville, continuing north on Route 100 to the point of beginning.

   Unit N - Beginning at the junction of State Route 149 and the Vermont/New York Border proceed east on Route 149 to State Route 30 then southeast on Route 30 to State Route 133. Continue easterly on Route 133 to the Danby/Pawlet Road (Pawlet T.H. #4) and easterly along that road to Brook Road (Danby T.H. #1). Continue east on Brook Road to Mt. Tabor Ave (Mt. Tabor T.H. #1) and continue east to its junction with U.S Route 7 in Mt. Tabor, then south on U.S. Route 7 to State Route 9 in Bennington. Then east on Route 9 to South Branch Street in Bennington and south to Beech Street and then south along it to South Stream Road (Bennington T.H. #3, Pownal T.H. #3) continuing south on that road which becomes Barber Pond Road and along it to U.S. Route 7 in Pownal. Then south along U.S. Route 7 to the Vermont/Massachusetts Border and then west along the Massachusetts Border to the Vermont/New York Border and north along the New York Border to the point of beginning.

   Unit O - Beginning at the intersection of State Routes 107 and 14 in North Royalton proceed easterly along Route 14 to U.S. Route 4 in White River Jct. Then east along U.S. Route 4 to the Vermont/New Hampshire Border. Then south along the New Hampshire Border to the Vermont/Massachusetts Border. Then west along the Massachusetts Border to Stark Mountain Road in Halifax (Halifax T.H. 39). Then north on Stark Mountain Road to Amidon Road (Halifax T.H. 32). Continue north on Amidon Road to Jacksonville Stage Road (Halifax T.H. 2) in Grove. Then northeast along Jacksonville Stage Road which becomes Stage Road (Guilford T.H. 1) to Guilford Center. Continue northeast on Guilford Center Road (Guilford T.H. 1) to U.S. Route 5 in Guilford. Then north on U.S Route 5 to Interstate 91 at Exit 1. Then northerly along Interstate 91 to State Route 30 in Brattleboro and along Route 30 to State Route 35 in Townshend. Then north on Route 35 to State Route 35/121 in Grafton. Then north on Route 35 to State Route 11 to State Route 103 in Chester. Continue north on Route 103 to State Route 131 in Proctorsville. Then easterly on Route 131 to State Route 106 in Weathersfield. Then northerly on Route 106 to U.S. Route 4 in Woodstock. Then east on U.S. Route 4 to State Route 12 and north on Route 12 to State Route 107 near Stockbridge. Then easterly on Route 107 to the point of beginning.

   Unit P - Beginning at the intersection of U.S. Route 7 and State Routes 11 and 30 in Manchester proceed east on Routes 11/30 to their junction in Winhall. Continue southeast on Route 30 to State Routes 30 and 100 in Rawsonville and then south on Routes 30/100 to East Jamaica. Continue south on Route 100 to State Route 112 in Jacksonville. Then along Route 112 to State Route 8A and south along Route 8A to the Vermont/Massachusetts Border. Then west along the Massachusetts Border to U.S. Route 7 in Pownal and then north on U.S. Route 7 to Barber Pond Road (Pownal T.H. #3) then northeast along that road which becomes South Stream Road (Bennington T.H. #3) to Beech Street in Bennington and then on South Branch Street to State Route 9. Then west on Route 9 to U.S. Route 7 and then north on U.S. Route 7 to the point of beginning.

   Unit Q - Beginning at the intersection of State Routes 100 and 30 in East Jamaica proceed southeast on Route 30 to Interstate 91, then proceed south along Interstate 91 to U.S. Route 5 at Exit 1. Then south on U.S Route 5 to Guilford Center Road (Guilford T.H. 1). Then southwest on Guilford Center Road to Guilford Center. Continue southwest along Stage Road (Guilford (T.H. 1) which becomes Jacksonville Stage Road (Halifax T.H. 2) to Grove. Then south on Amidon Road (Halifax T.H. 32) to Stark Mountain Road (Halifax T.H.39) and south on that road to the Vermont/Massachusetts Border and then west along the Massachusetts Border to State Route 8A. Then northerly along Route 8A to State Route 112 in Jacksonville and then north along Route 112 to State Route 100. Proceed north along Route 100 to the point of beginning.

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   Added 1974, Fish and Game Board Reg. No. 877, eff. Oct. 1, 1974; amended 1985, Fish and Wildlife Board Reg. No. 957, eff. July 5, 1985; 1986, Fish and Wildlife Board Reg. No. 912, eff. Sept. 14, 1986; 1987, Fish and Wildlife Board Reg. No. 957, eff. Jan 1, 1987; 1991, Fish and Wildlife Board Reg. No. 912, eff. Aug. 9, 1991; 1996, Fish and Wildlife Board Reg. No. 912, eff. May 5, 1996; 2013 (Adj. Sess.), Regulation of the Secretary of Natural Resources, eff. Feb. 20, 2014.

1. Region 1 - WMU's A, B, C, F1, F2, G
2. Region 2 - WMU's D1, D2, E1, E2
3. Region 3 - WMU's H, I, J1, J2
4. Region 4 - WMU's K, L, N, P
5. Region 5 - WMU's M, O, Q.

§ 2c. Repealed. 2013, No. 78, § 3, effective July 1, 2013.

§ 2d. Repealed. 2019 Fish and Wildlife Board Reg., eff. January 1, 2020.

§ 3. Rabbit, squirrel; sale.

A person shall not buy or sell wild rabbit or gray squirrel at any time.

Added 1961, No. 119 , § 2, eff. May 9, 1961.

Cross References

Cross references. Point assessment for violations of section, see 10 V.S.A. § 4502.

§ 4. Bow and arrow hunting.

Unless otherwise prohibited by federal law, any game which may be taken by shooting may be taken by use of bow and arrow, or by crossbow where authorized by Vermont Fish and Wildlife Board rules.

Added 1961, No. 119 , § 2, eff. May 9, 1961; amended 1987, No. 159 (Adj. Sess.), § 3; 2015, Fish and Wildlife Board Reg. eff. Jan. 1, 2016; 2019, Fish and Wildlife Board Reg., eff. Jan. 1, 2020.

§ 5. Bow and arrow standards.

No person shall hunt deer with bow and arrow if the arrow has an arrowhead that measures less than seven-eighths of an inch at its widest point or that has less than two sharp cutting edges.

Added 1961, No. 119 , § 2, eff. May 9, 1961; amended 1963, Fish and Game Board Reg. No. - , eff. Aug. 23, 1963.

§ 6. Repealed.

§ 7. Bear Management Rule.

1. Authority.
2. This rule is adopted pursuant to 10 V.S.A. § 4081(a) . In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and furbearing animals in this State is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance.
3. In accordance with 10 V.S.A. § 4082 , this rule is designed to maintain the best health, population and utilization levels of the black bear population.
4. In accordance with 10 V.S.A. § 4084 , this rule establishes season and possession limits for black bear, and prescribes the manner and means of taking black bears.
5. Purpose.

   The purpose of this regulation is to establish seasons for the taking of black bear, to establish legal means or methods of taking black bears, and to establish limits on the number of black bears to be taken annually.

6. Definitions:
7. "Accompany" for the purposes of hunting bear with dogs means that:
   1. A Sub-permittee engaged in the control, handling, transporting or intercepting of Department registered dogs while hunting with dogs, shall be under the express direction of the permit holder, and
   2. A Sub-permittee who harvests a black bear shall be under the direct control and supervision of the bear dog permit holder, including the ability to see and communicate with each other without the aid of artificial devices such as radios or binoculars, except for medically necessary devices such as hearing aids or eyeglasses.
8. "Bait" means as any animal, vegetable, fruit, mineral matter, honey, or any other substance capable of luring or attracting black bear or any other wildlife.
9. "Baited area" means an area where any animal, vegetable, fruit, mineral matter, honey, or any other substance capable of luring or attracting black bear or any wildlife, has been placed or deposited including, but not limited to, bird feeders.
10. "Bear Dog Permit" or "Permit" means a permit issued by the Commissioner to a person who wishes to hunt, pursue or take black bear with the aid of dogs.
11. "Commissioner" means the Commissioner of the Vermont Fish and Wildlife Department.
12. "Control of Dog/Dogs" means the transportation, loading or unloading of dogs from vehicle(s); the handling, catching, restraining or releasing dogs; and the use of telemetry/GPS to locate or track dogs.
13. "Department" means the Vermont Fish and Wildlife Department.
14. "Department Registered Dog" means a dog bearing a numbered identification dog-tag (Department Registration Dog-Tag) approved or issued by the Vermont Fish and Wildlife Department, with the permit holder's bear dog permit number and a number one through six.
15. "Hunting with Dogs" for the purposes of this rule means that one or more dog(s) with Department Registered Dog-Tags are on the ground whether in pursuit of a black bear or not.
16. "Legal means" or "Legal method" means the taking of a black bear by muzzleloader, rifle, handgun, archery equipment, or crossbow.
17. "Pack of Dogs" means one to six dogs, acting as a unit during the pursuit of black bear.
18. "Sub-Permittee" means any person with a valid Vermont hunting license designated by the bear dog permit holder to assist or take a bear with the aid of dogs, in accordance with written authorization issued by the Department.
19. "Relaying Dogs/Packs" means the removal and replacement of one or more dog or dogs to the trail of a bear to the original pack of dogs once the pursuit has begun. If the hunting or pursuit of a black bear commences with fewer than six dogs in the original Pack of Dogs, the addition of a dog or dogs shall not be considered relaying, provided that no more than the same six dogs are part of a single Pack of Dogs during the hunting, pursuing or taking of a black bear.
20. "Bear Tag" means a document issued by the Department authorizing the taking of a black bear in the current season.
21. "Unregistered Dog" means a dog that does not have a valid numbered dog license as described in 3.8.
22. Seasons and Shooting Hours.
23. Early and Late Season
    1. Early Season: For Vermont Residents: September 1 through the day before the first day of the Regular Deer Season.
    2. Late Season: For Vermont Residents and Nonresidents: The first day of the Regular Deer Season through the second Sunday of the Regular Deer Season.
24. Shooting hours: One half hour before sunrise until one half hour after sunset.
25. Tags and Bag Limit.
26. To take a black bear during the Early Season, a person must, in addition to a having a valid Vermont Big Game Hunting license, possess an Early Season Bear Tag issued separately by the Department.
27. To take a black bear during the Late Season, a person must have a valid Vermont Big Game Hunting license.
28. A person shall not harvest more than one black bear per calendar year, not to include animals taken pursuant to 10 V.S.A. § 4827 .
29. The taking of bear with the aid of dogs.
30. Licenses and Permits.  Any person hunting, pursuing, harvesting, or in any manner involved in the taking of a black bear with the use of dogs must hold a valid Vermont Big Game Hunting License, use only Department Registered Dogs and have purchased a valid bear tag. In addition, the person hunting, pursuing, harvesting, or in any manner involved in the taking of a black bear with the use of dogs must hold a valid bear dog permit or accompany a bear dog permit holder. The permit shall be carried at all times by the permittee while hunting with dogs or taking black bear and exhibited to a game warden, landowner, or law enforcement officer upon demand.
31. Legal Methods.
    1. A person shall not take a black bear into his/her actual possession except by killing the bear by legal means or methods.
    2. A person taking black bear with the use of a bow and arrow or crossbow shall, upon demand of a game warden or other law enforcement personnel, show proof of having a prior archery license, or of having passed a bow hunter education course in Vermont, another state or a province of Canada approved by the Commissioner.
32. Dogs and Packs.
    1. A person shall not take black bear with the aid of dogs unless the person is in control of the dog or dogs.
    2. No person shall take a black bear with the aid of any Unregistered Dog. No person shall have an Unregistered Dog in his or her possession while hunting, pursuing or taking a black bear.
    3. A person hunting with dogs, pursuing, and taking black bear with the aid of dogs shall attach a Department Registration Dog-Tag and a metal identification name plate with the person's name, address and telephone number to the dog's collar.
    4. A person taking a black bear with the aid of dogs shall only take a black bear with a Pack of Dogs as defined in this rule. No person shall pursue, hunt, or take black bear by Relaying Dogs/Packs.
    5. Two or more permit holders may hunt together and combine Department Registered dog(s) to form a Pack of Dogs. The combined bear dog permit holders shall not take black bear with the aid of more than six dogs combined forming a single pack of dogs. Once hunting with dogs commences, dogs not on the hunt shall be restrained in the dog box or inside the vehicle. The combined bear dog permit holders shall not possess any Unregistered Dogs while hunting, pursuing or taking black bear.
33. Prohibitions.
34. No person shall place bait to attract black bear for the purposes of allowing a bear dog to catch/strike the scent of a black bear. No person take bear by using bait or a baited area.
35. A person shall not advertise, barter, exchange goods or services, or otherwise sell the use of a dog or dogs for the purpose of taking any black bear.
36. While hunting with dogs, no person shall have in their possession an Unregistered Dog while possessing Department Registered dogs.
37. It shall be a violation for a Vermont resident to apply for a bear dog permit for the purpose of allowing a nonresident bear dog owner to hunt bear in Vermont with the aid of dogs.
38. No person shall hunt black bear with a bow and arrow or crossbow if the arrow or bolt has an arrowhead that measures less than seven-eighths of an inch at its widest point or that has less than two sharp cutting edges.
39. Reporting.
40. The black bear carcass shall be field dressed prior to reporting.
41. Upon request of a Game Warden, the person harvesting the bear and the permit holder shall show and return to the kill site with a Game Warden.
42. All bear harvests shall be reported to a game warden, official Fish and Wildlife Department Reporting Station, or a person designated by the Commissioner within 48 hours. The person who harvested the bear and the bear dog permit holder must both be present to legally report the harvest. If the bear dog permit holder harvested the bear, only he or she must be present when reporting the harvest.
43. It shall be unlawful to provide false information when reporting a black bear taken with the aid of dogs.
44. The fine, points and any other penalty for any violation of this subsection 8 shall be assessed to the violator and in addition, to the permit holder if the violator is not the permit holder.
45. Biological Collection.
46. Any person who harvests a bear shall collect a premolar tooth and submit the tooth to a game warden, official Fish and Wildlife Department Reporting Station, or to a person designated by the Commissioner to receive the biological collection, within (30) thirty days of taking the bear.
47. Unless otherwise specified by statute, the failure to collect and submit a bear tooth shall not result in license suspension points and shall be considered a minor violation subject to a civil fine.

    Added 1972, Fish and Game Board Reg. No. 845, eff. ____________ ; amended 1982, Fish and Game Board Reg. No. 935, § 1, eff. Sept. 1, 1982; 2007, Fish and Game Board Reg. No. 935, § 1, eff. June 1, 2007; 2012, Fish and Wildlife Board Reg. eff. Jan. 1, 2013; 2017, Fish and Wildlife Board Reg. eff. Jan. 1, 2017; 2017, Fish and Wildlife Board Reg. eff. Jan. 1, 2018; 2019, Fish and Wildlife Board Reg., eff. Jan. 1, 2020.

For Non-Vermont Residents without the use of dogs: September 1 through the day before the first day of the Regular Deer Season.

For Non-resident Bear Dog Permit Holders: The early black bear season shall be open to Non-Resident bear dog permit holders on September 15 and not before.

§ 8. Repealed.

§ 9. Wildlife rehabilitation.

1. Purpose ( 10 V.S.A. § 5215 ).

   The proper care of distressed wildlife requires special knowledge and facilities not possessed by the general public. The purpose of this Regulation is to establish a licensed group of individuals collectively called wildlife rehabilitators to provide for the care of injured, debilitated, and in certain cases, orphaned wildlife so that such wildlife may be returned to the wild. Licensed pursuant to Vermont Fish and Wildlife Law, 10 V.S.A. § 5215 (b) , the wildlife rehabilitator is authorized to possess sick or injured wildlife and provide necessary aid. It is, therefore, possible to achieve more humane care and an earlier return to the wild.

   Nothing in this Regulation authorizes or is intended to authorize a licensed wildlife rehabilitator to practice veterinary medicine in violation of Vermont State Law, Title 26. However, a licensed veterinarian may apply to become a rehabilitator. A rehabilitator rendering gratuitous services in case of emergency should not attempt diagnosis or treatment beyond his or her level of skill and training. No member of the Fish and Wildlife Department shall become a rehabilitator.

2. Definitions.

   For purposes of this Part:

3. "Commissioner" means the Commissioner of the Department of Fish and Wildlife.
4. "Department" means the Department of Fish and Wildlife.
5. "Permit" means the license to possess wildlife for a limited time issued pursuant to Fish and Wildlife Law, 10 V.S.A. § 5215(b) .
6. "Wild animals" means all animals including birds, other than domestic animals, whether or not native to Vermont, including the family canidae, any hybrid with domestic dogs.
7. "Wildlife rehabilitation" means the practice of providing care for injured or debilitated wild animals including their housing, feeding, emergency treatment and release to the wild.
8. "Big game" is defined as deer, bear, moose, wild turkey, caribou, elk.
9. "Orphaned wildlife" is defined as the young of the year whose survival in the wild is not possible without the presence of the mother.
10. Qualifications for appointment.
    1. A wildlife rehabilitator must:
       1. be over the age of 18 years, a resident of Vermont of good character and reputation in the community as judged by two character references written by persons not related to the applicant or to each other;
       2. not have been convicted of or pleaded guilty to a violation of Vermont Fish and Wildlife Law within the previous three years, nor have been convicted of any misdemeanor or felony within the previous three years;
       3. be interviewed by a State Game Warden employed by the Department to assess the applicant's proficiency in wildlife rehabilitation;
       4. include in the application:
          1. Name, address, telephone number and date of birth;
          2. Location of facilities;
          3. Related background experience;
          4. Experience and training;
          5. Species of interest (i.e.: mammals/raptors/passerines/amphibians/reptiles/all);
          6. Name and address of veterinarian who has agreed to assist or advise the applicant;
          7. Proof of adequate liability insurance to cover all handlers of wildlife.
11. Appointment.
    1. Application for appointment as wildlife rehabilitator must be submitted to the Chief Game Warden or his designee. The Chief Game Warden shall investigate and forward his recommendation along with the application to the Commissioner.
    2. Appointment as a wildlife rehabilitator will be made by the Commissioner after a determination that eligibility requirements for appointment have been met.
    3. Appointment will continue until:
       1. terminated by the Commissioner or his designee for just cause pursuant to section 6.
       2. resignation, incapacity or death of the wildlife rehabilitator.
12. Duties.
    1. The wildlife rehabilitator must:
       1. practice wildlife rehabilitation in a humane and professional manner;
       2. consult licensed veterinarians as necessary to ensure that proper care is administered to injured or debilitated wildlife;
       3. not require payment for the care, treatment or maintenance of wildlife;
       4. comply with applicable provisions of Fish and Wildlife Law and rules and regulations adopted pursuant thereto and with the Department's instructions concerning methods of wildlife rehabilitation, reporting requirements and any conditions contained in their license;
       5. display in a prominent place the license provided by the Department;
       6. submit to the Department in a timely manner all required records and reports properly executed;
       7. notify the Department at least 90 days in advance of moving his/her place of operation to a new location;
       8. allow authorized Department employees to inspect his/her wildlife rehabilitation operations and records at any reasonable time;
       9. participate in all training programs as may be required by the Department.
    2. Additionally, the wildlife rehabilitator may distribute, if appropriate, to persons who submit wildlife to them any material supplied by the Department relating to wildlife rehabilitation.
13. Termination of Appointment.
    1. Appointment as wildlife rehabilitator shall be terminated by the Commissioner after a hearing at any time, for any of the following reasons;
       1. the wildlife rehabilitator has ceased to meet the appropriate eligibility requirements for appointment as set forth in this Regulation;
       2. the wildlife rehabilitator has failed to perform duties as provided in this Regulation;
       3. conviction of any Fish and Wildlife Law in this state;
       4. conviction of any law relating to cruelty to animals.
    2. In cases where an appointment is terminated, the Department must hold a hearing upon written request of the wildlife rehabilitator within 20 days of written receipt of the written request. The Commissioner may: uphold the termination, or impose a period of probational approval of continued appointment.
14. Limitations.
    1. The wildlife rehabilitator permit is not an authorization for the handling of raptors or other wildlife requiring Federal permits, see section 7(e), nor is the permit a blanket authorization for the rearing of orphaned wildlife. Orphaned wildlife, except for threatened or endangered species, shall be immediately returned to the wild as soon as they can survive on their own.
    2. Big Game Animals. Rehabilitators will not attempt to rehabilitate any big game animal except as delineated below. (Big game animals are as defined by 10 V.S.A. § 4001 .) Should the rehabilitator receive notification of an injured big game animal or receive an injured big game animal from any member of the public, the rehabilitator shall forthwith notify the nearest available State Game Warden. The State Game Warden shall handle the big game animal by either returning it to the wild, dispatching it in a humane manner, or, if the animal is a young of the year, he may allow the rehabilitator to possess the animal until it is well enough to be returned to the wild. If the officer feels the animal could survive if handled in this manner, the officer shall notify Fish and Wildlife Headquarters of the location and name of the licensed rehabilitator. The determination of whether a big game animal should be dispatched, because of its physical condition, is solely the responsibility of the officer or officers involved, as indicated by 10 V.S.A. § 4749 relating to deer.
    3. The sale, trade, barter or giving away of any live or dead animal, or parts thereof, is prohibited.
    4. No human contact, other than the licensee, their assistants, and a licensed veterinarian is permitted, nor will any wildlife be viewed by the general public. This section does not preclude Fish and Wildlife Department Wardens or biologists from inspecting the captive animals in the performance of their duties.
    5. All rehabilitators wishing to handle raptors and threatened or endangered species must have the proper Federal and/or State permits in their possession prior to handling same.
    6. Records - submission. The wildlife rehabilitator shall submit such reports as required by the Commissioner. Such reports shall be filed with the Division of Law Enforcement in Waterbury, Vermont on a monthly basis indicating type of animal, reason for acceptance, name and address of individual submitting the animal and nature of injuries or illness.
15. Housing and Feeding of Wildlife.

    Wild animals acquired and handled pursuant to this regulation shall be housed, fed and cared for as recommended by the biologists of the Fish and Wildlife Department and the rehabilitators' consulting veterinarian.

    Added 1989, Fish and Wildlife Board Reg. No. 977, eff. Feb. 1, 1989.

§ 10. Vermont endangered and threatened species rule.

1. Authority.

   This rule is adopted pursuant to 10 V.S.A. §§ 5402 , 5403, and 5408 which provides that the Secretary "shall adopt by rule a state-endangered species list and a state threatened species list," and may "adopt rules for the protection and conservation of endangered and threatened species."

2. Purpose.

   The purpose of this rule is to identify and list species of wild plants and animals that have been determined by the Secretary to be endangered and threatened in Vermont so that they may be protected under the law. The rule also sets out a process for Takings and Possession permits.

3. Definitions.
4. "Endangered Species" means those species whose continued existence as viable components of the state's wild flora or fauna is determined to be in jeopardy or determined to be an "endangered species" under the federal Endangered Species Act.
5. "Listed Species" means any species that appears on the List in Section 5.0 of this rule, or has been determined to be threatened or endangered by other relevant law.
6. "Secretary"  means the Secretary of the Agency of Natural Resources except where otherwise specified.
7. "Take and taking" with respect to wildlife means pursuing, shooting, hunting, killing, capturing, trapping, snaring and netting fish, birds and quadrupeds and all lesser acts, such as disturbing, harrying or worrying or wounding or placing, setting, drawing or using any net or other device commonly used to take fish or wild animals, whether they result in the taking or not; and shall include every attempt to take and every act of assistance to every other person in taking or attempting to take fish or wild animals, provided that when taking is allowed by law, reference is had to taking by lawful means and in lawful manner, and with respect to wild plants means uprooting, transplanting, cutting, injuring or killing or any attempt to do the same or assisting another who is doing or is attempting to do the same, consistent with the definitions found in 10 V.S.A. §§ 5401 (14) and 4001(23).
8. "Threatened Species" means those species that are likely within the foreseeable future to become Endangered.
9. Permits for Taking and Possession.
10. No person shall take or possess an endangered or threatened species, except when exempted as provided for in 10 V.S.A. § 5408 .
11. Pursuant to 10 V.S.A. § 5408(a) the Secretary may, after receiving the advice of the Endangered Species Committee, grant permits for the taking and possession of an endangered or threatened species: for scientific purposes; to enhance the propagation of species; to prevent or mitigate economic hardship; for zoological exhibition; for educational purposes; for noncommercial cultural or ceremonial purposes to a person for the collection and possession of a dead salvage bird or parts thereof, including bird feathers, provided that the permit issued complies with federal requirements regarding collection and possession of migratory birds and the bird was legally acquired, transferred from an individual who acquired it legally, or found dead and the permittee had no part in the intentional killing of the bird; or for a special purpose consistent with the purpose of the Federal Endangered Species Act (see 16 U.S.C. § 1531(b)) .
12. An applicant for a Taking and Possession permit shall submit an administratively complete application to the Secretary, specifying for which purpose(s) the permit is required, as listed in 10 V.S.A. § 5408(a) .
13. An administratively complete application shall include all information deemed necessary by the Secretary to evaluate the application. An application shall include a description of the possible impacts due to the proposed action and a plan for conservation or mitigation. The fee or mitigation proposal as required by 10 V.S.A. ch. 123 shall accompany the application.
14. Avoidance and Minimization
    1. Applicants for Takings and Possession permits shall have the burden to show that reasonable steps have been taken in to avoid and minimize takings. The Applicant shall provide information that demonstrates:
       1. The proposed activity cannot practicably be designed to avoid taking and still satisfy the basic project purpose; and
       2. If avoidance of taking of a listed species cannot practicably be achieved, the proposed activity has been planned to minimize adverse impacts on the listed species.
    2. The Secretary may require an applicant to submit additional information that the Secretary considers necessary to make a decision on the issuance or denial of a permit. The Secretary may dismiss the application without prejudice if the requested information is not provided to the Secretary within sixty (60) days of the Secretary's request.
    3. In determining whether the burden has been met, the Secretary shall evaluate the potential effect of any proposed activity on the basis of both its direct and immediate effects, as well as on the basis of any cumulative or on-going effects on the listed species.
15. Mitigation
    1. Mitigation may be required when full compliance with the requirements of 4.5 of this rule is insufficient to achieve no taking.
       1. Mitigation may include permanent conservation of habitat in which the same species exists, ongoing monitoring of conserved areas, and treatment of conserved areas for the purposes of restoration or propagation of listed species.
       2. The mitigation may also include payment of fees to a state "in-lieu fee" program or mitigation fund approved by the Secretary.
16. Hearings
    1. The Secretary may conduct a non-adversarial, public hearing in order to evaluate the application. Such a hearing will be held within 60 (sixty) days of the receipt of the administratively complete application.
    2. When a petition has been denied and no public hearing has been held, the Applicant may request in writing to the Secretary that a hearing be held regarding the proposed activity.  The Secretary will conduct a hearing within 30 (thirty) days of receipt of the request.
17. Permit Conditions

    The Secretary may require, as part of any issued permit, conditions for the protection and conservation of endangered species, per 10 V.S.A. ch. 123.

18. The Secretary shall inform an applicant of a decision to approve or deny a permit no more than 60 (sixty) days following an application being deemed administratively complete unless the Secretary determines there is just cause.
19. The Secretary maintains continuing jurisdiction over activities permitted under this rule and may, at any time, order the permittee to undertake remedial measures to ensure the protection and conservation of listed species.
20. Listing.
21. The following list of plants and animals is adopted as the Vermont Endangered and Threatened Species List pursuant to 10 V.S.A. ch. 123.
22. Plants.

    1 Lespedeza violacea (L.) Pers. is now what was formerly known as L. intermedia (S. Watts) Britton and is not listed

23. No enforcement shall be taken and no permit shall be required for the taking of listed threatened or endangered plants in instances where the plants are legally acquired and exist in a cultivated state or are artificially propagated (produced and grown under controlled conditions or originated from cultivated parental stock); unless the plants are cultivated or artificially propagated as part of a recovery plan or, for mitigation purposes in accordance with a takings permit, a directive of the Secretary, or an enforcement action.
24. No enforcement shall be taken and no permit shall be required for the taking of threatened or endangered bees:
    1. for the application of pesticides unless:
       1. The pesticide was not applied in accordance with the applicable federally approved label and state Agency of Agriculture, Food, and Markets (AAFM) regulations or permits; or
       2. The Secretary of the Agency of Natural Resources after consultation with the Secretary of the Agency of Agriculture, has notified a person of the likely presence of threatened or endangered bees, has advised the person to avoid taking the bees or to obtain a permit, and the person has failed to prevent a taking or obtain a permit.
    2. for otherwise legal activities such as, silviculture, mowing, road maintenance, construction, and painting and staining unless: the Secretary of the Agency of Natural Resources, has notified a person of the likely presence of threatened or endangered bees, has advised the person to avoid taking the bees or to obtain a permit, and the person has failed to prevent a taking or obtain a permit.
    3. for aerial spraying or other activities under the direction of the Vermont Department of Health (VDH) to address public health threats such as arbovirus. The Secretary shall coordinate with AAFM and VDH to reduce the likelihood of taking bees.
25. The Secretary may develop best management practices (BMPs) to avoid and minimize the taking of bees. The Secretary shall consult with the AAFM, the Vermont Agency of Transportation, VDH, and any other interested state agency prior to finalizing the BMPs.

    Added 1989, Regulation of the Secretary Agency of Natural Resources, eff. June 23, 1989; amended 1991, Regulation of the Secretary of Agency of Natural Resources, eff. Nov. 9, 1991; amended 1995, Regulation of the Secretary of Agency of Natural Resources, eff. Dec. 7, 1994; amended 1999, Regulation of the Secretary of Agency of Natural Resources, eff. Mar. 18, 1999; 2005 Regulation of the Secretary of Agency of Natural Resources, eff. April 28, 2005; 2011 Regulation of the Secretary of Agency of Natural Resources, eff. July 15, 2011; 2012 Regulation of the Secretary of Agency of Natural Resources, eff. Nov. 15, 2012; 2014, No. 116 (Adj. Sess.), § 13; 2015 Regulation of the Secretary of Agency of Natural Resources, eff. March 28, 2015.

When Scientific Name Common Name Status Listed * PLANTS APIACEAE PARSLEY FAMILY Sanicuia canadensis var. Short-styled snakeroot T 1 canadensis L. Sanicula canadensis var. Greater short-styled T 1 grandis Fern. snakeroot Taenidia integerrima (L.) Drude Yellow pimpernel T 1 ARACEAE-ARUM FAMILY Arisaema dracontium (L.) Schott Green dragon T 1 ASCLEPIADACEAE-MILKWEED FAMILY Asclepias amplexicaulis Sm. Blunt-leaved milkweed T 1 Asclepias tuberosa L. Butterfly-weed T 1 Asclepias verticillata L. Whorled Milkweed E 11 ASPLENIACEAE-SPLEENWORT FAMILY Asplenium montanum Willd. Mountain spleenwort T 1 Asplenium viride Huds. Green spleenwort T 1 *(Aspelenium trichomanes- ramosum L.) ASTERACEAE-ASTER FAMILY Eupatorium sessilifolium L. Sessile-leaved boneset E 4 Helianthus strumosus L. Harsh sunflower T 1 Lactuca hirsuta Muhl. ex Nutt.Hairy lettuce T 5 Nabalus boottii D.C. Boott's rattlesnake-root E 1 *(Prenanthes boottii (DC.) A. Gray) Omalotheca sylvatica Woodland cudweed E 4 L. Schultz-Bip. & F.W. Schultz Petasites frigidus var. palmatus (Ait.) Sweet coltsfoot T 1 Cronq. Polymnia canadensis L. White-flowered leafcup E 5, A Solidago odora ssp.odora Ait. Sweet goldenrod T 1 *(Solidago odora Ait.) Solidago ulmifolia Muhl. ex Willd. Elm-leaved goldenrod E 4, A BETULACEAE-BIRCH FAMILY Betula minor (Tuckerman) Fern.Dwarf birch E 11 BLECHNACEAE-CHAIN FERN FAMILY Woodwardia virginica (L.) Sm. Virginia chain-fern T 1 BORAGINACEAE-BORAGE FAMILY Cynoglossum virginianum Northern wild comfrey T 1 var. boreale (Fern.) Cooperider Hackelia deflexa (Wahlenb) Opiz Nodding stickseed T 1 ssp. americana (Gray) A. & D. L ” ve BRASSICACEAE-MUSTARD FAMILY Arabidopsis lyrata Lyre-leaved rock-cress T 1 (L.) O'Kane & Al-Shehbaz *(Arabis lyrata L.) Boechera stricta (Graham) Drummond's rock-cress E 4 *(Arabis drummondii A. Gray)

When Scientific Name Common Name Status Listed Braya humilis (C.A. Mey.) B.L. Rob. Northern rock-cress T 1 Draba canna Rydb. Hoary draba T 1 *(Draba breweri var. cana (Rydb.) Rollins) Draba glabella Pursh Smooth draba T 1 Rorippa aquatica Lake-cress T 1 (Eaton) E.J. Palmer & Steyermark *(Neobeckia aquatica (Eaton) Greene BRYACEAE-BRYUM MOSS FAMILY Plagiobryum zieri (Hedw.) Lindb. A moss E 3 CAPRIFOLIACEAE-HONEYSUCKLE FAMILY Viburnum edule (Michx.) Raf. Squashberry T 1 CARYOPHYLLACEAE-PINK FAMILY Minuartia marcescens Marcescent sandwort T 1 (Fern.) House Minuartia rubella Marble sandwort T 1 (Wahlenb.) Hiern CISTACEAE-ROCK-ROSE FAMILY Crocanthemum bicknellii (Fern) Janchen Plains frostweed T 1 *(Helianthemum bicknellii Fern.) Hudsonia tomentosa Nutt. Beach heather E 1 Lechea mucronata Raf. Hairy pinweed E 4 CLUSIACEAE- ST. JOHN'S-WORT FAMILY Hypericum ascyron L. Great St. John's-wort T 1 CONVOLVULACEAE- MORNING-GLORY FAMILY Calystegia spithamaeus ssp. Low bindweed T 1 spithamaea (L.) Pursh *(Calystegia spithamaeus (L.) Pursh) CORNACEAE-DOGWOOD FAMILY Cornus florida L. Flowering dogwood T 1 CRASSULACEAE-STONECROP FAMILY Rhodiola rosea L. Roseroot T 1 *(Sedum rosea L. Scop.) CUPRESSACEAE-CYPRESS FAMILY Juniperus horizontalis Moench Creeping juniper T 1 CYPERACEAE-SEDGE FAMILY Carex arcta Boott Contracted sedge E 4 Carex atratiformis Britt. Blackish sedge T 1 Carex buxbaumii Walenb. Buxbaum's sedge E 1 Carex capillaris ssp. Capillary sedge T 1 *(Carex capillaris L.) capillaris L. Carex chordorrhiza Ehrh, ex L. f. Creeping sedge E 4 Carex foenea Willd. Bronze sedge E 4 Carex garberi Fern. Garber's sedge T 1 Carex livida (Wahlenb.) Willd.Pale sedge T 1 Carex muehlenbergii var. enervis Boott Nerveless Muehlenberg sedge T 1 Carex muehlenbergii var. muehlenbergii Schkuhr ex Willd. Muehlenberg's sedge T 1 Carex oligocarpa Schkuhr ex Willd. Few-fruited sedge E 4 Carex richardsonii R. Br. Richardson's sedge E 1 Carex siccata Dewey Hay sedge E 4 Carex vaginata Tausch Sheathed sedge E 4 Cyperus diandrus Torr. Low cyperus E 3 Cyperus houghtonii Torr. Houghton's cyperus T 1 Eleocharis quinqueflora (Hartmann) O. Schwarz Few-flowered spike rush T 1 *(Eleocharis pauciflora (Lightf.) Link) Fimbristylis autumnalis (L.) Roem. & Schult. Autumn fimbristylis E 4 Rhynchospora capillacea Torr. Capillary beak-rush T 1 Scirpus ancistrochaetus Schuyler Barbed-bristle bulrush E 4, A Trichophorum planifolium (Spreng.) Palla Bashful bulrush E 4, A *(Scirpus verecundus Fern.) DIAPENSIACEAE-DIAPENSIA FAMILY Diapensia lapponica ssp. lapponica L. Diapensia E 1 *(Diapensia lapponica L.) DRYOPTERIDACEAE-WOOD FERN FAMILY Dryopteris filix-mas (L.) Schott Male Fern T 1 Woodsia alpina (Bolton) S.F. Gray Alpine woodsia E 1 EQUISETACEAE-HORSETAIL FAMILY Equisetum palustre L. Marsh horsetail T 1 ERICACEAE-HEATH FAMILY Pterospora andromedea Nutt. Pinedrops E 4 Pyrola asarifoliea ssp. asarifolia Michx. Bog wintergreen T 4 *(Pyrola asarifoliea ssp. asarifolia Michx.) Pyrola minor L. Lesser pyrola E 1 Rhododendron maximum L. Great laurel T 1 Vaccinium stamineum L. Deerberry E 5 FABACEAE-PEA FAMILY Astragalus canadensis var. Canadian milk-vetch T 1 canadensis L. *(Astragalus canadensis L.) Astragalus robbinsii var. jesupii Jessup's milk-vetch E 1 Egglst. & Sheldon Crotalaria sagittalis L. Rattlebox T 1 Desmodium cuspidatum (Muhl. ex Willd.) DC ex Loud. Large-bracted tick-trefoil E 4 Desmondium rotundifolium DC. Prostrate tick-trefoil T 1 Lathyrus japonicus var. maritimus (L.) Kartesz & Gandhi Beach-pea T 1 *(Lathyrus maritimus (L.)Bigelow) Lathyrus palustris L. Marsh vetchling T 1 Lespedeza frutescens (L.) Hornem Violet bush-cover T 1 *(Lespedeza violacea auct. non (L.) Pers) 1 Lespedeza hirta ssp. Hairy bush-clover T *(Lespedeza hirta (L.) Hornem.) Lupinus perennis L. Wild lupine E 6, A Senna hebecarpa (Fern.) Wild senna T 1 Irwin & Barneby FAGACEAE-BEECH FAMILY Quercus ilicifolia Wangenh. Scrub oak E 4 Quercus prinoides Willd. Dwarf chinquapin oak E 7 GENTIANACEAE-GENTIAN FAMILY Gentiana andrewsii Griseb. Fringe-top closed gentian T 1 Gentianella amarella (L.) Boerner Felwort T 1 Gentianella quinquefolia (L.) Small Stiff gentian T 1 HYDROPHYLLACEAE- WATERLEAF FAMILY Hydrophyllum canadense (L.) Broad-leaved waterleaf T 1 ISOETACEAE-QUILLWORT FAMILY Isoetes engelmannii A. Braun Engelmann's quillwort T 1 Isoetes viridimontana Green Mountain E 11 M. Rosenthal and W.C. Taylor quillwort JUNCACEAE-RUSH FAMILY Juncus greenei Oakes & Tuckerm. Greene's rush E 4 Juncus militaris Bigelow Soldier rush E 4 Juncus secundus Beauv. ex Poir. Secund rush E 4

When Scientific Name Common Name Status Listed JUNICAGINACEAE-ARROW-GRASS FAMILY Triglochin maritima L. Arrow-grass E 8 LAMIACEAE-MINT FAMILY Agastache nepetoides (L.) Kuntze Yellow giant hyssop T 1 Agastache scrophulariifolia (Willd.) Kuntze Purple giant hyssop T 1 Blephilia hirsuta var. glabrata (Fern.) Smooth wood-mint T 1 *(Blephilia hirsuta (Pursh.) Benth.) Blephilia hirsuta var. hirsuta (Pursh.) Benth. Hairy wood-mint T 1 *(Blephilia hirsuta (Pursh.) Benth.) Dracocephalum parviflorum Nutt. American dragonhead T 1 Physostegia virginiana (L.) Benth. Obedient plant T 1 Pycnanthemum incanum (L.) Michx. Hoary mountain mint E 4 LENTIBULARIACEAE- BLADDERWORT FAMILY Utricularia resupinata B.D. Greene Northeastern bladder- T 1 ex Bigelow wort LILIACEAE-LILY FAMILY Allium canadense var. Wild garlic T 1 canadense L. *(allium canadense L.) Anticlea glauca (Nutt.) Kunth White camas E 10 LYGODIACEAE-CLIMBING FERN FAMILY Lygodium palmatum (Bernh.) Sw.Climbing fern E 1 MAGNOLIACEAE- Tulip tree E 11 MELASTOMATACEAE- MEADOW-BEAUTY FAMILY Rhexia virginica L. Virginia meadow-beauty T 1 MORACEAE-MULBERRY FAMILY Morus rubra L. Red mulberry T 1 NYMPHACEAE-WATER-LILY FAMILY Nymphaea leibergii Morong. Pygmy water-lily E 7 ONAGRACEAE-EVENING PRIM- ROSE FAMILY Ludwigia polycarpa Short & Peter Many-fruited false- loosestrife E 1 OPHIOGLOSSACEAE-ADDER'S- TONGUE FAMILY Botrychium minganense Vict. Mingan moonwort E 1 ORCHIDACEAE-ORCHID FAMILY Aplectrum hyemale (Muhl. ex Willd.)Nutt. Putty-root T 1 Arethusa bulbosa L. Arethusa T 1 Calypso bulbosa var. Fairy slipper T 1 americana (R. Br. ex Ait. f.) Luer *(Calypso bulbosa (L.) Oakes) Corallorhiza odontorhiza var. Autumn coral-root T 1 odontorhiza (Willd.) Nutt *(Corallorhiza odontorhiza (Willd.) Nutt.) Cypripedium arietinum Ait. f. Ram's head lady's-slipper T 1 Isotria medeoloides (Pursh) Raf. Small whorled pogonia E 4 Isotria verticillata Raf. Large whorled pogonia T 1 Liparis liliifolia (L.) L.C. Rich. Lily-leaved twayblade T 1 ex Ker-Gawl. Malaxis monophyllos var brachypode (Gray) Morris & Eames White adder's mouth T 1 *(Malaxis brachypoda (A. Gray) Neottia auriculata (Weig.) Szlach. Auricled twayblade E 1 *(Listeria auriculato Weig.) Neottia bifolia (Raf.) Baumbach Southern twayblade E 1 *(Listera australis Lindl.) Platanthera flava var. herbiola Tubercled orchis T 1 (R. Br. ex Ait. f.) Luer *(Platanthera flava (L.) Lindl.) Platanthera hookeri (Torr. ex Gray) Hooker's orchis T 1 Lindl. Triphora trianthophora (Sw.) Rydb. Three-birds orchid T 1 OROBANCHACEAE-CANCER-ROOT FAMILY Castilleja septentrionalis Lindl. Northern-painted-cup T 1 PAPAVERACEAE-POPPY FAMILY Corydalis aurea Willd. Golden corydalis T 1 PINACEAE-PINE FAMILY Pinus banksiana Lamb. Jack pine T 1 PLANTAGINACEAE-PLANTAIN FAMILY Hippuris vulgaris L. Mare's tail E 4 Veronicastrum virginicum Culver's-root E 1 (L.) Farw. POACEAE-GRASS FAMILY Ammophila breviligulata ssp. Champlain beach grass E 1 champlainensis (Seymour) Walker, Paris, & Barrington ex Bankworth *(Ammophila champlainensis Sey- mour) Anthoxanthum monticola ssp. Alpine sweet-grass T 1 monticola (Bigelow) Veldkamp *(Hierochloe alpina (Swartz) R. & S.; Anthoxanthum monticola (Bigelow) Veldkamp) Calamagrostis pickeringii A. Pickering's reed-grass E 8 Gray, Man. Calamagrostis stricta ssp. inexpansa Bentgrass E 4 (Gray) C.W. Greene Glyceria acutiflora Torr. Sharp manna-grass E 4 Panicum flexile (Gattinger) Scribn. Stiff witch-grass E 4 Piptatheropsis pungens Slender mountain-rice T 4 (Torr ex Spreng.) Romasch., P.M. Peterson, & Serong *(Oryzopsis pungens (Torr.) Hitchc.; Piptatherum pungens (Torr. ex Spreng. Dorn) Sphenopholis nitida (Biehler) Scribn. Shiny wedgegrass E 4 Sphenopholis obtusata (Michx.) Scribn. Blunt spenopholis E 4 Sporobolus compositus (Poir.) Merr. Rough dropseed E 1 *(Sporobolus asper (Michx.) Kunth) Vulpia octoflora (Walt.) Rydb.Eight-flowered fescue E 4 POLEMONIACEAE-PHLOX FAMILY Polemonium vanbruntiae Britt. Eastern Jacob's ladder T 1 POLYGONACEAE-BUCKWHEAT FAMILY Polygonum douglasii Greene Douglas' knotweed E 4 PRIMULACEAE-PRIMROSE FAMILY Primula mistassinica Michx. Bird's-eye primrose T 1 PTERIDACEAE-MAIDENHAIR FERN FAMILY Adiantum viridimontanum Paris Green Mountain maid- T 5 enhair

When Scientific Name Common Name Status Listed RANUNCULACEAE-BUTTERCUP FAMILY Anemone multifida var. Early thimbleweed E 1 multifida Poir. *(Anemone multifida Poir.) Hydrastis canadensis L. Golden-seal E 1 Ranunculus allegheniensis Britt. Allegheny crowfoot T 4 RHAMNACEAE-BUCKTHORN FAMILY Ceanothus herbaceus Raf. Prairie red-root E 1 ROSACEAE-ROSE FAMILY Potentilla litoralis Rydb. Northern cinquefoil E 4 *(Potentilla pensylvanica L. var. bipinnatifida (Douglas) T. & G.) Prunus americana Marsh. Wild plum T 1 Prunus susquehanae Willd. Susquehanna sand cherry E 10 Rosa acicularis ssp. sayi Needle-spine rose E 4 (Schwein.) W.H. Lewis *(rosa acicularis Lindl.) RUBIACEAE-MADDER FAMILY Galium labradoricum (Wieg.) Wieg. Bog bedstraw T 1 SALICACEAE-WILLOW FAMILY Salix plainifolia Pursh Tea-leaved willow T 1 Salix uva-ursi Pursh Bearberry willow E 1 SCHEUCHZERIACEAE-SCHEUCHZERIA FAMILY Scheuchzeria palustria L. Pod-grass T 1 SPARGANIACEAE-BUR-REED FAMILY Sparganium natans L. Lesser bur-reed T 4 SPHAGNACEAE-SPHAGNUM FAMILY Sphagnum subfulvum Sjors A peat moss E 3 *(Sphagnum nitidum Warnstorf) TOFIELDIACEAE-FALSE ASPHODEL FAMILY Triantha glutinosa (Michx.) Baker Sticky false-asphodel T 1 *(Tofieldia glutinosa (Michx.) Baker) ULMACEAE-ELM FAMILY Ulmus thomasii Sarg. Rock elm T 8 VALERIANACEAE-VALERIAN FAMILY Valeriana uliginosa (Torr. & Gray) Rydb. Marsh valerian E 1 VIOLACEAE-VIOLET FAMILY Viola lanceolata ssp. Lance-leaved violet T 1 lanceolata L. *(Viola lanceolata L.) XYRIDACEAE-YELLOW-EYED GRASS FAMILY Xyris montana Ries Yellow-eyed grass T 1

When Scientific Name Common Name Status Listed 5.3 AMPHIPODS CRANGONYCTIDAE-A GAMMARID AMPHIPOD FAMILY Stygobromus borealis Taconic cave amphipod E 5 5.4 INSECTS 5.4.1 APIDAE-BEE FAMILY Bombus affinis Rusty-patched Bumble Bee E 11 Bombus ashtoni Ashton Cuckoo Bumble Bee E 11 Bombus terricola Yellow-banded Bumble Bee T 11

When Scientific Name Common Name Status Listed 5.4.4 CICINDELIDAE-TIGER BEETLE FAMILY Cicindela hirticollis Hairy-necked tiger beetle T 5 beetle Cicindela marginipennis Cobblestone tiger T 1 beetle Cicindela puritana Puritan tiger beetle T 5 5.5 MOLLUSKS MARGARITIFERIDAE-PEARL MUSSEL FAMILY Margaritifera margaritifera Eastern pearlshell T 5 UNIONIDAE-UNIONID MUSSEL FAMILY Alasmidonta heterodon Dwarf wedge mussel E 4, A Alasmidonta varicosa Brook floater T 5 Anodontoides ferussacianus Cylindrical papershell E 6 Lampsilis ovata Pocketbook E 6 Lasmigona costata Fluted-shell E 6 Leptodea fragilis Fragile papershell E 6 Ligumia recta Black sand shell E 6, B Potamilus alatus Pink heelsplitter E 6 Pyganodon grandis Giant floater T 6 5.6 FISH ACIPENSERIDAE-STURGEON FAMILY Acipenser fulvescens Lake sturgeon E 1 ICTALURIDAE-NORTH AMERICAN FRESHWATER CATFISH FAMILY Noturus flavus Stonecat E 5 PERCIDAE-PERCH FAMILY Ammocrypta pellucida Eastern sand darter T 1 Percina copelandi Channel darter E 6 PETROMYZONTIDAE-LAMPREY FAMILY Ichthyomyzon fossor Northern brook lamprey E 4, A Lethenteron appendix American brook lamprey T 1 *(Lampetra appendix)

When Scientific Name Common Name Status Listed 5.7 AMPHIBIANS BUFONIDAE-TOAD FAMILY Anaxyrus fowleri Fowler's toad E 11 HYLIDAE-NEW WORLD TREE FROG FAMILY Pseudacris maculata Boreal chorus frog E 10 5.8 REPTILES COLUBRIDAE-COLUBRID SNAKE FAMILY Coluber constrictor North American racer T 7 Pantherophis alleghaniensis Eastern ratsnake T 7 *(Elaphe obsoleta) EMYDIDAE BOX TURTLE AND POND TURTLE FAMILY Clemmys guttata Spotted turtle E 6, C SCINCIDAE-SKINK FAMILY Plestiodon fasciatus *(Eumeces fasciatus) Common five-lined skink E 1 TRONYCHIDAE-SOFTSHELL TURTLE FAMILY Apalone spinifera Spiny softshell T 1 VIPERIDAE-VIPER AND PIT VIPER FAMILY Crotalus horridus Timber rattlesnake E 1 5.9 BIRDS ACCIPITRIDAE-HAWK AND EAGLE FAMILY Haliaeetus leucocephalus Bald eagle E 1 CAPRIMULGIDAE-NIGHTJAR FAMILY Antrostomus sp. vociferous Eastern whip-poor-will T 10 *(Caprimulgus vociferus) Chordeiles minor Common nighthawk E 10 EMBERIZIDAE-AMERICAN SPARROW AND RELATIVES FAMILY Ammodramus henslowii Henslow's sparrow E 1 Ammodramus savannarun Grasshopper sparrow T 6 ICTERIDAE-BLACKBIRD FAMILY Euphagus carolinus Rusty blackbird E 11 LANIIDAE-SHRIKE FAMILY Lanius ludovicianus Loggerhead shrike E 1 LARIDAE-GULL AND TERN FAMILY Chlidonias niger Black tern T 7, B Sterna hirundo Commom tern E 2, A PHASIANIDAE-TURKEY, GROUSE, PHEASANT AND PARTRIDGE FAMILY Falcipennis canadensis Spruce grouse E 2 SCOPLOPACIDAE-SANDPIPER, SNIPE AND RELATIVES FAMILY Bartramia longicauda Upland sandpiper T 7, A TROGLODYTIDAE-WREN FAMILY Cistothorus platensis Sedge wren E 6, A 5.10 MAMMALS FELIDAE-CAT FAMILY Puma concolor cougar Eastern mountain lion E 1 *Felis concolor cougar Lynx canadensis Canada lynx E 1 MUSTELIDAE-WEASEL FAMILY Martes americana American marten E 1 VESPERTILIONIDAE-EVENING- BAT AND VESPER BAT FAMILY Myotis leibii Eastern small-footed bat T 1 Myotis lucifugus Little brown bat E 9 Myotis septentrionalis Northern long-eared bat E 9 Myotis sodalis Indiana bat E 1 Perimyotis subflavus Tri-colored bat E 10

________ *Date listed: 1 = 04-13-87 2 = 07-30-88 3 = 06-23-89 4 = 11-09-91 5 = 12-07-94 6 = 03-18-99 7 = 04-23-05 8 = 02-16-11 9 = 07-15-11 10 = 11-15-12 11 = 3-28-2015 A = listed as threatened on 04-13-87 B = listed as threatened on 12-07-94 C = listed as threatened on 06-23-89 *Indicates a name change (synonym or different taxonomic level) from a previous Vermont Endangered and Threatened Species list

§ 11. Falconry.

1. Purpose.

   This rule is adopted pursuant to 10 V.S.A. § 4278 . In adopting this rule, the Commissioner establishes specific requirements for ensuring that holders of falconry permits are qualified and that the birds they possess are legally acquired and appropriately cared for. This regulation defines required raptor housing facilities and falconry equipment, legal means of taking, lawful species, ages and numbers of raptors that may be taken and possessed, banding requirements, and other restrictions on the practice of falconry.

2. Definitions.
3. "Apprentice" permittee means a person meeting the requirements of 5(a) of this rule.
4. "Commissioner" means the Commissioner of the Vermont Department of Fish and Wildlife or his/her designee.
5. "Department" means the Vermont Department of Fish and Wildlife.
6. "Permit" means a written authorization issued by the Department to take and possess raptors and to practice the sport of falconry issued pursuant to 10 V.S.A. § 4278(b) .
7. "Falconry" means the sport of hunting by use of trained raptors, including the training, feeding and handling of such raptors and their recapture after being released for hunting or training.
8. "Falconer" means a person who possesses a raptor for the purposes of Falconry under this rule.
9. "General" permittee means a person meeting the requirements of 5(b) of this rule.
10. "Master" permittee means a person meeting the requirements of 5(c) of this rule.
11. "Passage Bird" means a wild bird less than one year old.
12. "Raptor" means all species and hybrids of the orders Strigiformes (owls) and Falconiformes (hawks and falcons), and Accipitriformes (hawks, eagles, and kites).
13. "Sponsor" means a General or Master Falconer, currently permitted by Vermont, or another state, who has agreed to advise and train a holder of an Apprentice permit.
14. "USFWS" means U.S. Fish and Wildlife Service.
15. Application Requirements Qualifications for Appointment.
    1. An applicant for a falconry permit must:
       1. be at least sixteen (16) years old and a resident of Vermont;
       2. not have a license under revocation for violation Title 10, Part 4.
       3. submit to the Department, on a form prepared and furnished by the Department, an application for a falconry permit, to include:

          (1) the applicant's name, address, telephone number, and date of birth and the location of his or her raptor housing facilities;

          (2) the number of raptors the applicant possesses at the time the application is submitted, including the species, age (if known), sex (if known), date of acquisition, and source of each;

          (3) the class of permit requested, including the name, address, and signature of sponsor, if required;

       4. a listing of falconry permits previously held by the applicant;
       5. an account of the applicant's experience and training in falconry;
       6. an original, certification by the applicant concerning the validity of the information, or the signature of a parent or guardian if the applicant is under the age of eighteen (18) years;

          (4) complete a supervised written examination on basic biology, care, and handling of raptors. The examination shall be given by the Department at a state-approved site. Successful completion requires a minimum score of eighty five (85) percent. An applicant who fails the exam may retake it no sooner than sixty (60) days; and

          (5) submit to the Department a permit fee in accordance with Section 4(a).

    2. The Commissioner may issue a permit to an applicant who meets the requirements of this rule.
16. Permit Terms.
17. Term of permit.  A Vermont falconry permit is issued for three (3) years, unless amended or revoked. A permitted Apprentice or General Falconer may apply for a permit of higher class while possessing an unexpired permit without paying additional fees.
18. Compliance.  Permittees shall comply with all terms under this regulation and all terms under federal falconry standards issued by the USFWS, including proper filing of electronic federal Migratory Bird Acquisition and Disposition Reports (Form 3 - 186A). A copy of each federal report shall be submitted to the Department.
19. Revocation of permit.
    1. The Commissioner may revoke a permit and seize raptors held under the permit if the Commissioner finds that the permittee:
       1. failed to properly and humanely care for the raptors held under the permit;
       2. allowed the raptors held under the permit to become a public nuisance;
       3. failed to comply with any of the terms or conditions of the falconry permit.
    2. Raptors seized under this section shall be released to the wild, transferred to another permittee, or disposed of as directed by the Commissioner.
20. Classes of Permits.
21. Permits shall be issued in three classes based upon the age and experience of the applicant.
    1. Apprentice.  Holders of an Apprentice permit shall:
       1. be at least sixteen (16) years old;
       2. obtain a sponsor who will consent to train and advise the permittee for a minimum of twenty (20) hours annually for the first two (2) years;
       3. notify the Department in writing within ten (10) days after his or her sponsorship has been withdrawn for any reason, and notify the Department within ten (10) days of obtaining a new sponsor.
       4. find a sponsor within ninety (90) days following the withdrawal of a previous sponsor. If an Apprentice fails to obtain a new sponsor and notify the Department within ninety (90) days, the Apprentice will surrender any raptors possessed under this rule to the Department.
    2. General.  Holders of a General permit shall:
       1. be at least eighteen (18) years old;
       2. have a minimum of two (2) years experience in the practice of falconry at the Apprentice level or its equivalent, including maintaining, training, flying, and hunting the raptor(s) for at least 4 months in each year, to be verified in writing by a sponsor of the applicant who also recommends applicant for a permit; or verified by a state agency that has previously issued a permit to the applicant; or by other proof deemed appropriate by the Commissioner.
    3. Master.  Holders of a Master permit shall:
       1. have a minimum or five (5) years experience in the practice of falconry at the General class level or its equivalent, to be verified by the State agency that has previously issued a permit to the applicant, or by other proof deemed appropriate by the Commissioner.
22. Sponsor.  A General permittee shall sponsor no more than one (1) Apprentice permittee at a time. A Master permittee shall sponsor no more than two (2) Apprentice permittees at a time.
23. Out of State Permits.  Upon moving to Vermont, any falconer who holds a valid falconry permit from another state may use that state's permit for a period of no more than six (6) months when applying for a Vermont falconry permit. After six months, the person must have a Vermont falconry permit in order to engage in falconry in Vermont.
24. Facilities and Care.
25. Facilities.  Prior to acquiring a raptor, the permittee shall possess or have access to suitable raptor housing facilities that have passed inspection by the Department. The facilities shall provide for protection from the environment, predators, and undue disturbance and shall include the following:
    1. Indoor facilities (mews) shall be large enough to allow easy access for caring for the raptors housed in the facility.
       1. If more than one (1) raptor is to be kept in a mews, the raptors shall be tethered or separated by partitions and the area for each bird shall be large enough to allow the bird to fully extend its wings.
       2. There shall be at least one (1) window, protected on the inside by vertical bars, spaced narrower than the width of the bird's body, and a secure door that can be easily closed.
       3. The floor of the mews shall permit easy cleaning and be well drained.
       4. Suitable perches, of sufficient diameter and space for injury-free landings and take-offs, shall be provided.
    2. An outdoor facility, or (weathering area) shall be fenced and covered with netting or wire, or roofed to protect the bird or birds from disturbance and attack by predators, except that perches more than 6 1/2 feet high need not be covered or roofed.
       1. The enclosed areas shall be large enough to insure the birds cannot strike the fence when flying from the perch.
       2. Protection from excessive sun, wind, and inclement weather shall be provided for each bird.
       3. The enclosure must contain suitable perches for the species housed there.
    3. Alternative housing is allowable so long as it is more protective of animal health and welfare than those specified above.
26. Equipment.  Prior to acquiring a raptor, the permittee shall have suitable equipment that has passed inspection by the Department. The permittee shall have the following equipment in his or her possession:
    1. Jesses.  At least two (2) pairs of Aylmeri jesses or similar type constructed of pliable, high-quality leather or suitable synthetic material to be used when any raptor is flown free. Traditional one-piece jesses may be used on raptors when not being flown free.
    2. Leashes and swivels.  At least two (2) leashes and two (2) strong swivels of acceptable falconry design.
    3. Bath container.  At least one (1) suitable container for each raptor, two (2) to six (6) inches deep and wider than the length of the raptor, for drinking and bathing.
    4. Outdoor perches.  At least one (1) weathering area perch of an acceptable design for each raptor.
    5. Weighing device.  A reliable scale or balance suitable for weighing the raptor(s) held, and graduated to increments of not more than one (1) gram.
27. Maintenance.  All facilities and equipment shall be kept at or above the preceding standards at all times.
28. Food.  Adequate food shall be provided at appropriate intervals for each raptor according to its age and condition. Adequate food shall mean sufficient quantity and nutritional value to maintain a normal body weight and healthy physiological function. All foods shall be served in a clean and sanitary manner.
29. Medical care.  The permittee shall provide the Department with a written statement from a veterinarian stating his/her qualifications and a willingness to work with raptors on an ongoing basis prior to the permittee's possession of a raptor.
30. Transportation and temporary holding.  A raptor may be transported or held in temporary facilities comparable to those required for permanent housing (including but not limited to adequate perching, bathing and protection from natural elements) for a period not to exceed thirty (30) days.
31. Inspection.  Permitees and applicants shall allow the Department to inspect their facilities, equipment, and raptors for compliance with permit standards. An inspection may be made at reasonable hours of the day with seventy two (72) hours notice. The notice requirement is waived when there are grounds to believe that the standards set forth in this rule are not being met.
32. Capture of Wild Raptors for Falconry.
33. Capture.  Only passage (hatching year) Red-tailed Hawks (Buteo jamaicensis) and Goshawks (Accipiter gentili) may be captured for falconry. Nestlings (eyass) and adult birds may not be taken for falconry.
    1. The raptors may be captured from 1 September through 25 January, inclusive.
    2. The permittee may use traps, nets and other legal methods of raptor capture that do not cause injury or lethal stress. It is illegal to use steel-jawed traps, gins, pole traps or jump traps.
    3. Each capture device shall be identified legibly with an attached tag bearing the permittee's name and address.
    4. Each deployed capture device shall be inspected at least once each calendar day.
    5. Any raptor not retained for falconry shall be immediately released.
       1. An Apprentice permittee may not possess more than one (1) raptor and may not obtain more than one (1) raptor for replacement from all sources during any twelve (12) month period calculated from the first day of possession of the first raptor. An apprentice may temporarily possess the raptors of the apprentice's sponsor.
       2. A General permittee may not possess more than two (2) raptors and may not obtain more than two (2) raptors for replacement from all sources during any twelve (12) month period calculated from the first day of possession of the first raptor.
       3. A Master permittee may not possess more than three (3) raptors and may not obtain more than two (2) raptors taken from the wild during any twelve (12) month period calculated from the first day of possession of the first raptor. A Master permittee may obtain no more than three (3) raptors from all sources during any twelve (12) month period calculated from the first day of possession of the first raptor.
34. Landowner permission.  Prior to attempting to capture a raptor, a permittee shall obtain permission from the owner of private property on which the activity will occur.
35. Land closure.  The Commissioner may close any area of the State to the taking of raptors.
36. Recapture of escaped raptors.  A permittee may recapture an escaped raptor that was legally acquired and held. The bird may be recaptured by legal means at any time by a permitted falconer to be returned to the falconer who last possessed the escaped bird.
37. Species and Possession Limits.
38. Permit class restrictions.
39. Species Restrictions.
    1. An apprentice permittee may only possess Red-tailed Hawk taken from the wild as a passage bird. The Apprentice may capture a Red-tailed Hawk only under the supervision of the sponsor.
    2. General or Master permittees may take and possess raptors according to the following limitations:
       1. A Master permittee may only take passage Red-tailed Hawks and Goshawks from the wild.
       2. A General permittee may take only passage Red-tailed Hawks from the wild.
       3. A Master or General permittee may petition the Commissioner for authorization to capture a passage bird of another species.
       4. Provided that possession is allowed in accordance with state and federal law, a General or Master permittee may possess a captive-bred bird, born and raised beyond two (2) weeks in captivity. The permittee shall keep complete and accurate records of all transactions conducted under this clause, including the name, address, and permit number of the transferee; the day, month, and year of the transaction or disposition; the sale price or other consideration involved in the transaction or disposition; and the species, sex, age, origin, and pedigree (lineage) of the raptor or raptors involved.
40. Raptors taken for other purposes.  Raptors of any age captured under depredation or special use permits, or seized under Section 4(c) may be acquired by a General or Master permittee. Such raptors are counted as part of the permittee's possession limit.
41. All raptors possessed under this rule shall be banded with readily identifiable bands. Goshawks shall be banded with non-reusable bands.
42. Importation, Exportation, Seizure, Sale, Trade and Release of Raptors.
43. Importation.  Raptors brought into Vermont may be imported only under the authority of an importation permit from the Commissioner to a permitted falconer in accordance with 10 V.S.A. §  4709.
    1. Importation permits shall not be issued for the possession of species that are specifically prohibited by these regulations, by laws of the exporting state, the laws of the State of Vermont, or by regulations of the federal government.
    2. A nonresident falconer may temporarily bring raptor(s) he or she legally possesses into Vermont.
44. Exportation.  Raptors taken in Vermont shall not be permanently transferred or exported to another state without written authorization from the Commissioner.
45. Seizure.  The Commissioner may seize a raptor if the person in possession of the raptor does not have a valid permit as required by these rules.
46. Sale of raptors.  Pursuant to 10 V.S.A. § 4902 , a permittee may not sell, purchase, barter, or offer to sell, purchase or barter any raptor taken from the wild.
47. Transfer.  A permittee may transfer a legally-held raptor to another permittee according to the restrictions in Section 9, including the electronic filing of the federal form 3-186A.
48. Release, Transfer or Euthanization.
    1. A wild falconry raptor captured in Vermont that can survive for an extended period in the wild may be intentionally released in Vermont. Prior to release, any non-federal band shall be removed and surrendered to the Department, and a standard federal bird band shall be attached to the bird by the Department or a federally-permitted bird bander.
    2. With the written authorization of the Commissioner, a wild falconry raptor captured in Vermont that is incapable of surviving for an extended period in the wild may:
       1. be transferred to an approved educational facility, or to a breeding or rearing facility that holds a scientific collection permit for the species.
       2. be transferred to a licensed wildlife rehabilitator.
       3. upon a veterinarian's recommendation a raptor may be euthanized in a manner that minimizes pain and stress, and the carcass disposed of either by donation to a public scientific or educational organization permitted to receive wild animals, or by burial or incineration. Notice of euthanization of any raptor possessed under this rule shall be provided the Commissioner within ninety six (96) hours.
    3. Captive-bred birds shall not be released into the wild.
49. Reporting Requirements.
    1. Upon the loss or addition of any raptor held under a falconry permit, the falconer shall report such a loss or addition by filing form 3-186A within five (5) days of any such transaction. Such losses or additions shall include any takings, purchases, deaths, transfers, and dispositions of raptors held under a permit.
    2. A raptor possessed under authority of a falconry permit may be temporarily held by a person other than the permittee if that person is otherwise authorized to possess raptors, and if the raptor is accompanied at all times by a copy of the properly completed form 3-186A (Migratory Bird Acquisition/Disposition Report) designating the permittee as the possessor of record, and by a signed, dated statement from the permittee authorizing the temporary possession.

1. Hunting with Raptors.
   1. Any resident hunting with a raptor in Vermont must possess a valid falconry permit and a valid Vermont hunting or combination fishing and hunting license.
   2. Any nonresident hunting with a raptor in Vermont must possess a valid falconry permit from his or her state of residence and a valid Vermont non-resident hunting or combination fishing and hunting license.
   3. A falconry permittee must possess both valid Vermont and federal Migratory Waterfowl Hunting stamps before hunting migratory waterfowl.
   4. A falconry permittee hunting ducks, coots, geese, brant, swans, doves, woodcock, rails, snipe, sandhill cranes, or gallinules must be registered with the Harvest Information Program (HIP).
   5. A falconer whose raptor kills wildlife that is out of season or the taking of which is otherwise prohibited shall leave the dead wildlife where it lies, except that the raptor may feed upon the wildlife prior to leaving the site of the kill. The permittee shall report the kill to a Vermont State Game Warden within twenty four (24) hours.

      Added 1995, Fish and Wildlife Commissioner's Reg. No. 1006, eff. Aug. 27, 1994; 2013, Fish and Wildlife Board Reg. eff. January 1, 2014.

§ 12. Leashed tracking dogs.

1. Definitions.

   For the purposes of this rule:

2. "Department" means the Vermont Department of Fish and Wildlife.
3. "Leashed tracking dog" means a dog which is used to track and find dead, injured, or wounded big game pursuant to a license issued in accordance with this rule. The dog must be licensed as required by subchapter 2 of chapter 193 of Title 20.
4. "Licensed" means a leashed tracking dog certificate issued pursuant to this rule, authorizing use of leashed tracking dogs as specified in this rule.
5. "Licensee" means a person who is the holder of a leashed tracking dog license.
6. "Physically incapacitated" means incapable of participating in the hunt due to physical injury.
7. "Dispatch" means to humanely kill.
8. "Big game animal" means deer and bear only.
9. Prohibition.

   Except as permitted by 10 V.S.A. § 4701 and section 4 of this rule, no person may use a dog to track dead, wounded or injured big game. Law enforcement officials acting in the performance of their official duties are exempt from the provisions of this rule.

10. Leashed Tracking Dog License.

    A leashed tracking dog license issued by the Department entitles the licensee to:

11. Use leashed tracking dogs, during the day or at night to track and find dead, wounded or injured big game during all big game seasons and the 24 hour period immediately following the last day of a big game season.
12. Dispatch wounded or injured big game animals which have been tracked and found in accordance with and pursuant to the conditions of such license.
13. Temporarily possess a big game animal which has been dispatched by the licensee, or reduced to possession by the licensee, until lawfully tagged or until delivered to a State Game Warden pursuant to the conditions of the license.
14. Leashed Tracking Dog License; Conditions.
15. A big game hunter who has killed, wounded or injured, or reasonably believes he or she has killed, wounded or injured, a big game animal during a big game season may engage a licensee to track and recover the animal. If the hunter is physically incapacitated, the licensee may track and dispatch the animal if the licensee is personally carrying a written signed instrument from the hunter listing (1) the date, (2) the hunter's name, address, telephone number and big game license number, and (3) a statement that the hunter has engaged the licensee to track the animal, and that the hunter has killed, wounded or injured such animal, and that the hunter is unable to accompany the licensee because of physical incapacitation.
16. No person other than the licensee or, during legal hunting periods, the big game hunter who has engaged the licensee when specifically so authorized by the licensee, may carry a firearm or bow of any description while tracking dead, wounded or injured big game pursuant to this rule.
17. During legal hunting periods, the hunter who has engaged the licensee must dispatch the wounded or injured big game animal when found by the licensee by means which are lawful during the season in which it was wounded or injured and in a lawful manner reduce the animal to legal possession. However, the licensee must dispatch the wounded or injured animal if the legal hunting period has ended, when the hunter is not present, or, when in the judgment of the licensee it is unsafe or otherwise inappropriate for the hunter to do so.
18. The licensee may use a handgun of no less than .35 caliber with a barrel length of not less than four inches to dispatch a wounded or injured big game animal, and during the 24 hour period immediately following the last day of a big game season, provided that the licensee complies with all other provisions of federal, state and local laws and regulations concerning possession and discharge of firearms and the conditions of a license granted under this rule.
19. Before tracking a dead, wounded or injured animal, the licensee must notify, by telephone or in person, the State Game Warden assigned to the area. If the warden is unavailable, his or her immediate supervisor will be notified. Notification must include the 1) name of the licensee, 2) name, address, telephone number, and big game license number of the big game hunter engaging the licensee, 3) general location of the wounded or injured animal, and 4) the name of the owner(s) of the land where the search will be conducted.
20. The licensee must maintain physical control of the leashed tracking dog(s) at all times while conducting activities subject to this rule by means of a lead attached to the dog's collar or harness. This lead must be at least twelve (12) feet in length.
21. After a big game animal has been dispatched, the licensed hunter must immediately tag the carcass as required by Section 2a of part 4 Title 10 Appendix. If the hunter is physically incapacitated, the hunter must immediately tag the carcass upon delivery of the animal by the licensee. If the hunter is unavailable the licensee must report the incident to and deliver the animal to a State Game Warden or the State Game Warden's immediate supervisor.
22. The licensee must personally carry a current big game license and a valid leashed tracking dog license when conducting activities pursuant to this rule.
23. The licensee must notify the department in writing, of any change of address within 30 days of that change of address.
24. The licensee must submit to the department a written request for license renewal within the 30 days prior to the expiration of such license.
25. The licensee must submit an annual report to the Commissioner within 15 days of the close of the last yearly big game season, which shall give all dates, locations and outcomes of tracking incidents as well as the name, address and hunting license number of each hunter and name of each State Game Warden contacted in each case.
26. Leashed Tracking Dog License Qualifications.

    The applicant for a license must:

    1. Provide proof of possession of a current Vermont big game hunting license;
    2. Not have been convicted of, or pled guilty to, an offense under the Fish and Wildlife Law, within the previous five years which resulted in a revocation of the person's big game, hunting, or archery license;
    3. Submit a non-refundable application fee of $25.00 and a completed application to the Department prior to taking the written examination;
    4. Receive a grade of 80 percent or higher on a written examination administered by the department. The examination will be offered at least once a year and will test the applicant's knowledge of Fish and Wildlife law and regulations, dog training and handling methods and other areas of knowledge as deemed appropriate or relevant by the Commissioner.
27. Leashed Tracking Dog License; Issuance.
28. Applicants and licensees shall pay the following fees:
    1. Initial license - resident - $100
    2. Renewal - resident - $125.00
29. A license is valid for five years from the date of issuance.
30. A license is valid only for the individual identified on the license and is not transferable.
31. A licensee who fails to renew his/her license within one year of the date of expiration must reapply and meet all the qualifications set forth in Section 5 of this rule.
32. The Department may place special conditions on the license which it deems appropriate or necessary. The Department may also waive or dispense with any requirement of this rule when the Department deems it to be in the public interest to do so.
33. Leashed Tracking Dog License; Suspension Or Revocation.

    A license issued pursuant to this rule shall be revoked concurrently with all other licenses upon conviction of a violation of Vermont Fish and Wildlife law pursuant to 10 V.S.A. § 4502 .

    Added 1996, Fish and Wildlife Commissioner's Reg. No. 1015, eff. Sept. 5, 1996.

non-resident - $200

non-resident - $225.00

§ 13. Regulations for operating regulated shooting grounds.

1. A regulated shooting ground shall be at least 200 acres in area, on lands that the Commissioner deems suitable for the purpose. The land shall be enclosed as prescribed in 10 V.S.A. § 5218 , and the notices prescribed therein shall contain the words: "Regulated Private Shooting Ground, Special Regulations in Effect." The permittee may further include notice of such restrictions as they may desire as to trespassing. Such notices shall not be less than 18 inches long by one foot wide.
2. Permits will be issued to operate a regulated shooting ground for the following species only: mallard ducks, pheasant, quail, chukar partridge, and Hungarian partridge.
3. All birds released on regulated shooting grounds shall be at least 10 weeks old when released and raised on the premises, legally acquired from licensed breeders, or imported as provided in 10 V.S.A. § 4709 .
4. The permittee shall keep a current record of the birds taken, which shall include the name and address of the person taking such birds, their hunting license number, the kind and number of birds taken, and the date of taking. Each hunter will receive a signed and dated receipt from the permittee showing the number and species of birds in possession.
5. The open season for taking game birds under these regulations shall be from January 1st to December 31st, both dates inclusive.
6. Annually within 40 days of the end of such season, the permittee shall file with the Fish and Wildlife Department a notarized report of the number and species of birds released, name of the breeder from which they were acquired, date released and the records as provided in paragraph 4.
7. Except as specially provided in this regulation, all laws and fish and wildlife regulations shall be in effect on regulated shooting grounds.

   Added 1964, Fish and Game Commissioner's Reg. No. 690, eff. May 30, 1964; 1984, Fish and Game Commissioner's Reg. No. 690, eff. March 17, 1984; 1990, Fish and Wildlife Commissioner's Reg. No. 690, eff. Jan. 5, 1991.

§ 14. Posting against hunting, fishing or trapping.

1. Pursuant to 10 V.S.A. § 5201(b) the Fish & Wildlife Commissioner specifies that signs prohibiting the taking of fish or wild animals on land posted against such activity by the person or persons having the exclusive hunting, fishing and trapping rights thereto shall:
   1. be not less than 8 1/2" x 11";
   2. have lettering and background of contrasting colors;
   3. state that hunting, fishing or trapping or any combination of the three are prohibited or forbidden;
   4. be dated each year;
   5. be erected on or near the boundaries of the posted land or waters, not more than 400 feet apart, and at each corner of the boundaries of posted land;
   6. be annually recorded at the town clerk's office in the town where the posted land or waters is located, on a form provided by the Fish & Wildlife Commissioner, with a copy retained and a copy provided to the Commissioner; and
   7. shall not be considered void if other language is added to the sign that is not covered by section 5201, as long as a reasonable person would understand that hunting, fishing or trapping are prohibited or forbidden.
2. Pursuant to 10 V.S.A. § 5201(b) , signs restricting the taking of fish or wild animals on land "by permission only" by the person or persons having the exclusive hunting, fishing and trapping rights thereto shall:
   1. be not less than 8 1/2" x 11";
   2. have lettering and background of contrasting colors;
   3. state that hunting, fishing, or trapping or any combination of the three is by "permission only";
   4. be dated each year;
   5. state the landowner's name and a method by which to contact the property owner or person authorized to provide permission to hunt on the property;
   6. be erected on or near the posted land or waters, not more than 400 feet apart and at each corner of the boundaries of posted land;
   7. be annually recorded at the town clerk's office in the town where the posted land or  waters are located, on a form provided by the Fish & Wildlife Commissioner, with a copy retained and a copy provided to the Commissioner; and
   8. shall not be considered void if other language is added that is not expressly required by Section 5201, as long as a reasonable person would understand that hunting, fishing or trapping are prohibited or forbidden.
3. Pursuant to 10 V.S.A. § 5201(b) signs prohibiting the taking of fish shall also include the date the waters were last stocked, and shall be erected on or near the shores of the waters.  To legally post a river or stream against fishing under Section 5201, the numbers of fish stocked must meet or exceed those specified in Section 5202. A stocking affidavit must also be filed with the Fish and Wildlife Commissioner and the town clerk of the town where stocked.

   Added 1968, Fish and Game Commissioner's Reg. No. 762, eff. April 24, 1968; amended 1996, Fish and Wildlife Commissioner's Reg. No. 762, eff. Sept. 5, 1996; 2014, Regulation of the Secretary of Natural Resources, eff. Jan. 1, 2015.

§ 15. Rule governing public use of Vermont Fish and Wildlife Department Lands.

1. Authority.
2. This rule is adopted pursuant to 10 V.S.A. § 4145(a) which authorizes the Board to adopt rules 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 10 V.S.A. § 4144 ."
3. Purpose.
4. The purposes of this rule is to regulate public activities and use at Wildlife Management Areas, Riparian Lands, Conservation Camps and Fish Culture Stations in order to protect, manage, and conserve the fish, wildlife, vegetation and other natural and cultural resources of the State, to provide for the safe and efficient operation of the developed facilities of the Department and to protect the health, safety, and welfare of the public.
5. To foster quality hunting, fishing, trapping and other fish-based and wildlife-based activities at these lands and facilities.
6. This rule does not apply to Fishing Access Areas governed by 10 V.S.A.  § 4145.
7. This rule is not intended to interfere with deed restrictions, easements, rights-of-way or other applicable legal agreements.
8. Definitions.
9. "Board" means the Vermont Fish and Wildlife Board as defined in 10 V.S.A. § 4041 .
10. "Department" means Vermont Fish and Wildlife Department.
11. "Commissioner" means Commissioner of the Vermont Fish and Wildlife Department.
12. "Wildlife Management Area" or "WMA" means any lands or portions of lands of the Department so designated by the Department.
13. "Riparian Land" means any lands or portions of lands of the Department other than WMAs, Fish Culture Stations, Fishing Access Areas and Conservation Camps so designated by the Department, such as but not limited to stream bank parcels, dams, and pond sites.
14. "Conservation Camp" means any facilities, lands or portions of lands of the Department so designated by the Department.
15. "Fish Culture Station" means any facilities, lands or portions of lands of the Department so designated by the Department.
16. "Designated Site" means a delineated area at a WMA, Riparian Land, Conservation Camp or Fish Culture Station that the Department has designated for a particular activity or prohibition on an activity, and so identified and demarcated with signage or identified on a Department-issued map.
17. "Designated Corridor" means a road, trail, path or other linear travel route at a WMA, Riparian Land, Conservation Camp or Fish Culture Station that the Department has designated for travel by a particular means or vehicle, and so identified with signage or identified on a Department-issued map.
18. "Authorized Activity" means an activity for which a person does not need prior permission to engage in, and can engage in at a WMA, Riparian Land, Conservation Camp or Fish Culture Station,  or at a Designated Site or on a Designated Corridor within a WMA, Riparian Land, Conservation Camp or Fish Culture Station.
19. "Prohibited Activity" means an activity that no person, group, business or entity shall be allowed to engage in under any circumstances, and for which no Permit, License or Lease shall be authorized, except as provided for in Sections 6.0 of this regulation.
20. "Commercial Activity" means any activity or service that produces income for any person, group, business or entity, including any activity or service by any non-profit entity where a fee is required or requested.
21. "Special Use Permit" means a written authorization issued by the Department or its designee issued to a person, group, business or entity to undertake an activity.
22. "Group" means ten (10) or more persons.
23. "Primitive Camping" means temporary overnight occupancy in a natural environment with no developed facilities leaving the site in its original condition so there is no or minimal evidence of human visitation.
24. "Self-contained Camping" means camping with a portable shelter equipped with a self-contained, portable, sanitary toilet.
25. "Artifact" means an object produced or shaped by human craft, especially a tool, weapon, or ornament of archaeological or historical interest.
26. "Emergency situation" means an unintended or unforeseen situation that poses a risk to health or life of a person or animal.
27. "Field processing" means the gutting or dressing or other removal of non-consumptive parts of an animal for the preservation of the carcass to include the boning and quartering.
28. "Tree stand" means a platform or structure (placed for any period of time) which is fastened to a tree by nails, bolts, wire, or other fasteners that intrude through the bark into the wood of the tree, or around the tree.
29. "Ground blind" means a structure or manufactured enclosure made of natural or man-made materials placed on the ground to assist in concealing or disguising the user or occupant.  This does not apply to blinds constructed for purposes of hunting waterfowl which are governed by 10 V.S.A. App. § 23.
30. "Bait" means any animal, vegetable, fruit or mineral matter placed with the intention of attracting wildlife.
31. "All-terrain vehicle" or "ATV" means any non-highway recreational vehicle, except snowmobiles, having no less than two low pressure tires (10 pounds per square inch, or less) or tracks, not wider than 60 inches with two-wheel ATVs having permanent, full-time power to both wheels, and having a dry weight of less than 1,700 pounds, when used for cross-country travel on trails or on any one of the following or a combination thereof: land, water, snow, ice, marsh, swampland, and natural terrain.
32. "Utility task vehicle" means a side-by-side four-wheel drive off-road vehicle that has four wheels, or tracks, and is propelled by an internal combustion engine with a piston displacement capacity of 1,200 cubic centimeters or less, and has a total dry weight of 1,200 to 2,600 pounds.
33. "Waterbody" means any lake, pond, river, or stream.
34. Authorized Activities.
35. The following activities are authorized on all lands under this rule:
    1. Hunting, fishing, trapping and target shooting at designated shooting ranges, as well as all other activities authorized under 10 V.S.A. Part 4;
    2. Fish and wildlife viewing and photography;
    3. Boating, including launching and landing, for fish-based and wildlife-based activities where not otherwise prohibited by any other relevant regulations or statutes;
    4. Dispersed, wildlife-based pedestrian activities including walking, snowshoeing, swimming,  cross-country skiing, and collection of shed antlers;
    5. Non-commercial picking of berries, nuts, fungi and other wild edibles except ginseng;
    6. Camping for purposes of hunting, fishing or trapping:
       1. Primitive camping on WMAs designated by the Department for no more than 3 consecutive nights.  Camp sites must be at least 200 feet from any waterbody, property line, or road;
       2. Self-contained camping on sites designated by the Department for this purpose, for no more than 16 days during the periods of May 1-31, September 1 through December 15. No individual parcel will have more than three designated sites for self-contained camping unless that site's use has been demonstrated to have preceded January 1, 2007.
    7. Fish-based and wildlife-based commercial activities limited to those specified in 4.1(a) - 4.1(c) of this subsection when conducted by a person.  This shall include guiding for purposes of fishing, hunting and trapping.
36. Prohibition on Otherwise Authorized Activities.

    The Department may prohibit otherwise Authorized Activities for purposes such as, but not limited to: animal and/or habitat management, plant protection, habitat restoration or public safety.

37. Prohibited Activities.
38. The following activities are strictly prohibited, unless otherwise authorized in accordance with Section 6:
    1. The operation of any ATV, UTV, or any  wheeled or tracked motorized vehicle not registered for public highway use, except as provided for under this subsection and section 6.0 of this regulation;
       1. Pursuant to 23 V.S.A. § 3506 (b)(4), ATV use is prohibited on, "any public land, body of public water . . . unless the Secretary has designated the area for ATV use by all-terrain vehicles pursuant to rules promulgated under provisions of 3 V.S.A. chapter 25."
       2. If the Secretary has previously designated an area of state land for use by ATVs pursuant to 23 V.S.A. § 3506 (b)(4), the Commissioner shall authorize a designated corridor on Department lands for ATV use under section 6.0 of this rule subject to the terms and conditions the Commissioner deems appropriate.
    2. Use of motorized vehicles  except on roads specifically designated for such use;
    3. Snowmobiling except as approved by the Department and on designated corridors;
    4. Horseback riding, dog sledding, non-motorized cycle riding, or use of motorized vehicles except on designated corridors;
    5. Draft and pack animals, except for retrieval of legally harvested moose, deer and black bear during the respective hunting season(s);
    6. Commercial Activities except those allowed under 4.1(a-c);
    7. Artifact or fossil collection;
    8. Fires except in emergency situations, or for non-primitive and primitive camping in accordance with 4.1(f);
    9. Abandoning, or disposing of any animal carcass, or their parts, except that portions of fish or game legally harvested on the property may be deposited on site during routine field processing for preservation and transport, or parts used in conjunction with legal trapping;
    10. Construction or placement of temporary or permanent structures, except as provided under Section 7 of this rule or for primitive and non-primitive camping in accordance with Section 4.1(f);
    11. Collection of plants, trees, evergreen brush or limbs, except wild edibles as allowed under Section 4.1(e) of this rule;
    12. Use of any fireworks or pyrotechnic devices except signal flares in an emergency situation;
    13. Feeding or baiting of wildlife except if otherwise authorized by law;
    14. Taking of fish from a fish culture station except during special events established by the Department, including but not limited to fishing derbies, clinics and educational events;
    15. Entering within 500 feet of any building or other associated infrastructure that is associated with a Department Fish Culture Station or Conservation Camp during times of the day other than those times posted for public use;
    16. Parking of vehicles except while engaged in an Authorized Activity;
    17. All other activities not specifically authorized by this rule, or authorized in writing by the Commissioner including, but not limited to: para-sailing, hang-gliding, recreational rock climbing, and geocaching.
39. Special Use Activities and Designated Sites on Vermont Fish and Wildlife Department Lands.
40. The Commissioner may grant a Special Use Permit, Lease or License for any activity under this rule so long as the Commissioner has determined that there will be no adverse impact on Authorized Activities or other adverse impacts on the primary purposes of ownership.
41. The Commissioner may designate a site, by means of signage, or being identified on a Department-issued map, for any activity under this rule so long as the Commissioner has determined that there will be no adverse impact on Authorized Activities or other adverse impacts on the primary purposes of ownership.
42. The Commissioner may permit accommodations to persons with a qualified disability pursuant to the Americans with Disabilities Act.
43. Use of Tree Stands and Ground Blinds on WMAs.
44. Permanent tree stands and ground blinds are prohibited on state-owned WMAs.
45. Temporary tree stands and ground blinds are permitted on state-owned WMAs under the following conditions:
    1. Tree stands and ground blinds may be erected and used without written permission from the Department during the time period from the third Sunday in August through the third Saturday in December annually, May 1 through May 31, all dates inclusive, or during any Youth Hunting Day or Weekend.  This does not include blinds constructed for purposes of hunting waterfowl pursuant to 10 V.S.A. App. § 23.
    2. Tree stands and ground blinds may be erected and used at other times of the year with advance notice to, and written permission from, the Department's District office staff responsible for managing and administering state land in the District in which the land is located.
    3. Tree stands and ground blinds used on WMAs must be constructed and erected in such a way that:
       1. No damage is done to any living tree in erecting, maintaining, using, or accessing the stand or blind except that:
       2. Dead limbs, trees or shrubs may be removed as needed to erect and use the stand or blind, and;
       3. No live limbs, trees or shrubs may be cut for any purpose except those one inch or less in diameter at either ground level or from the main stem or branch of the tree where the stand or blind is located as appropriate (for guidance, a U.S. quarter is .9 inch in diameter), and;
       4. No nails, bolts, screws (including access steps), wire, chain or other material that penetrates through the bark and into the wood of live trees shall be used in erecting any stand or blind.
    4. All tree stands or ground blinds used on WMAs must be clearly and legibly marked with the owner's name and address. Marking shall be legible and placed in a manner that enables a person to conveniently and easily read it.
46. Tree stands and ground blinds that do not conform to this regulation are prohibited and may be confiscated and/or destroyed by the Department.  Building, erecting, maintaining, using or occupying a non-conforming tree stand or ground blind is prohibited.  Construction of any tree stand or ground blind does not confer exclusive use of its location to the person who built it. Any person may use that location for purposes consistent with this rule.

    Added 1998, Fish and Wildlife Commissioner's Reg. No. 1024, eff. Sept. 8, 1998; 2013, Fish and Wildlife Commissioner's Reg. eff. Dec. 28, 2012.

§ 15a. Fees for the Use of Fish and Wildlife Department Lands and Facilities.

1. Authority.
2. This rule is adopted pursuant to 10 V.S.A. § 4132(e) that requires the Commissioner of the Vermont Fish and Wildlife Department to adopt and publish regulations for reasonable fees for the use of Department lands.
3. In accordance with 10 V.S.A. § 4132(e) , all fees or charges collected for the use of fish and wildlife lands and properties shall be deposited in the Fish and Wildlife Fund.
4. Purpose.
5. In accordance 10 V.S.A. § 4132(e) , this rule is designed to set fees for the use of Vermont of Fish and Wildlife Department lands, roads, buildings, other property including Wildlife Management Areas, Fishing Access Areas, and other Department lands and sets tuition for the Green Mountain Conservation Camps.
6. The activities for which fees shall be charged under this rule shall be consistent with the Rule Governing Public Use of Fish and Wildlife Department Lands.
7. Definitions.
8. "Partnering organizations" means any government entity or non-governmental organization with whom the Department has a memorialized partnership and whose purposes, and proposed activity, are consistent with the mission of the Vermont Fish and Wildlife Department.
9. "Private entity" means a person or group whose proposed activity is unaffiliated with the mission of the Vermont Fish and Wildlife Department.
10. "License" a written instrument that authorizes a certain activity on Department property but does not vest the licensee with any property rights.
11. "Special Use Permit" means a formal written authorization for short-term, low impact use by individuals or groups.
12. "Department" means the Vermont Fish and Wildlife Department.
13. "Edward F. Kehoe Education Center" means the main floor of the Educational Center and surrounding buildings, lawns.
14. "Buck Lake Conservation Camp" means the dining hall, restrooms, tent erection areas and Wightman building.
15. Fees.
16. Edward F. Kehoe Education Center
    1. Partnering Organizations and Municipalities
17. Waivers.
18. Department Employees working in their official capacity, and participants of Department sponsored events, are exempt from fees subject to the approval of the Commissioner or the Commissioner's designee.
19. Partnering organizations paying fees for an activity under 4.1 of this rule shall be waived of any additional fees for use of Department lands associated with that activity.

    Added 2013, Fish and Wildlife Board Reg. eff. July 1, 2013.

Day Use (per day/all facilities $175 Conference Room $30/day; $20/ 1 / 2 day Damage Deposit (refundable if all $150 day/use requirements are met) Cabin Rental (Includes 4 people $60 / night $5 per additional person) School Groups (K-12) Day Use $5/per student (b) Private Entity Grounds - Day Use (Weekend) $750 Grounds - Day Use (Weekday) $500 Conference Room (single) $200 Conference Room (double) $350 Weddings $3,000 4.2 Buck Lake Conservation Camp Facility Day Use (per day) $175 Damage Deposit (refundable if all $150 /day use requirements met) Dining Hall Only $50 day; $25/ 1 / 2 day Cabin Rentals (rate is for 4 people; $60/night $5.00 per additional persons) 4.3 Conservation Camp Tuition $250 4.4 Controlled Waterfowl Hunt $10 /person Dead Creek WMA and Mud Creek WMA 4.5 Meeting Rooms - Grand Isle Fish $25 /day Culture Station, Gorden Center Training Facility Overnight Accommodations - $25/person/night Gordon Center Training Facility 4.6 Special Use Permit $50 Minimum - $10,000 Maximum 4.7 License $50 Minimum $10,000 Maximum

§ 15b. Rule Governing Public Use of Vermont Fish and Wildlife Department Shooting Ranges.

1. Authority.
2. This rule is adopted pursuant to 10 V.S.A. § 4146 which authorizes the Commissioner to adopt rules "as necessary for the proper protection and management" of public shooting grounds.
3. This rule is only applicable to shooting range facilities which are owned by the Vermont Fish and Wildlife Department and are open to the general public.
4. Purpose.
5. The purposes of this rule are to regulate public activities and use at Vermont Fish and Wildlife Department shooting ranges, to provide for the safe and efficient operation of these facilities and to protect the health, safety, and welfare of the public.
6. Requirements and Prohibited Activities at all Department Shooting Ranges.
7. All range users shall:
   1. have a valid Vermont hunting, fishing or combination license as required for individuals 15 years of age and older, unless attending an event or training sponsored by the Department;
   2. be limited to one unlicensed visitor and shall be held accountable for the visitor.  All visitors shall be required to purchase his or her own license after 3 visits during the range year (April 1st - Dec 14th).
   3. wear hearing and eye protection, this includes both shooters and spectators;
   4. not handle or shoot any firearms while anyone is beyond or in front of the firing line, shooting benches or otherwise down range;
   5. communicate to all shooters to cease shooting, before going down range;
   6. point any firearm in a safe direction at all times;
   7. cap and prime muzzleloaders from the firing line;
   8. keep all firearms unloaded, with actions open, until the shooter is ready to fire at the firing line; and
   9. remove and place all discarded objects, trash, targets and spent cartridge hulls in trash receptacles before leaving the range.
8. The following activities are strictly prohibited:
   1. The use of the shooting range at any other time than the range hours posted at the range by the Commissioner of the Vermont Fish and Wildlife Department.
   2. The use of tracer, armor piercing or steel core ammunition.
   3. The shooting of any airborne or thrown objects (e.g. clay pigeons), unless designated for such purpose.
   4. Shooting long rifles and shotguns from any pistol bench.
   5. Shooting handguns from the long-gun benches.
   6. Shooting outside the designated shooting areas, in front of the firing line or, anywhere other than from or right next to shooting benches.
   7. Shooting any target other than paper targets secured to the target frames and raised above ground level, unless attending an event or training sponsored by the Department. No other targets shall be allowed.
   8. Shooting at the vegetation, trash, range equipment or facilities.
   9. Shooting from the hip or any other shooting position in which the shooter cannot properly utilize the sights.
   10. The use of lighted tobacco products such as cigarettes, cigars, and pipes; and the use of alcohol, or any illegal substances.
   11. The presence at the facility or use of the facility by any person who is under the influence of alcohol or any illegal substances.
   12. Children (aged 15 years or younger) that are not accompanied by an individual over the age of 18, unless attending an event or training sponsored by the Department.
   13. The presence of any domestic animal or pets on the range except bona fide Service and Assistance Animals.
   14. The use of any fireworks, pyrotechnics, or any other explosive targets, including tannerite.
9. Hours of Operation and Prohibited Activities Applicable Only to Hammonds Cove Shooting Range.
10. Unless otherwise posted at the discretion of the Commissioner of the Fish and Wildlife Department, the Hammond Cove Shooting Range shall be open: April 1 to December 14, Thursday through Monday, 10AM to 3PM; except Sundays, 10AM to 2PM.
11. Hammonds Cove Shooting Range shall be closed December 15 through March 31; and on all Vermont State & Federal Holidays; except for special events approved by the Commissioner.
12. Firing more than one round per second is prohibited at Hammonds Cove Shooting Range.

    Added 2015, Fish and Wildlife Board Reg. eff. July 1, 2016.

§ 16. Suspension of licenses: Enforcement of child support orders, 15 V.S.A. § 798.

1. For the purposes of this rule the term "license" shall include any and all licenses and permits issued by the Vermont Fish & Wildlife Department.
2. Upon receipt of a license suspension order issued by the court pursuant to 15 V.S.A. § 798 , a suspension notice shall be issued to the license holder. The license holder shall have 15 days to contest the suspension based on the grounds of mistaken identity or compliance with the support order. If the suspension is not contested, the suspension will be effective on the 16th day as provided in the notice and the license shall be forwarded to the Law Enforcement Division of the Fish & Wildlife Department, 103 South Main Street, Waterbury, VT.
3. All notices of compliance with a child support order shall be upon a standard compliance form, as devised and approved by the court, the Vermont Agency of Human Services, Department of Children and Families, and this Department.
4. If the motion for the court order was brought by the Vermont Agency of Human Services, Department of Children and Families, then notice of compliance shall only be accepted from the Vermont Agency of Human Services, Department of Children and Families or the court.
5. If the motion for the court order was brought by the custodial parent, then notice of compliance shall be accepted from the custodial parent, custodial parent's attorney, or the court.
6. If the notice of compliance was dated before the effective date of the suspension, the suspension shall be canceled.
7. Upon notice of reinstatement from the court, the Department shall reissue the suspended license and notify the individual of such within five (5) working days of the receipt of the notice. The Department shall charge a reinstatement fee equal to the cost of the original license.
8. Department personnel shall direct all inquiries from persons seeking reinstatement to the court or the Vermont Agency of Human Services, Department of Children and Families, if Vermont Agency of Human Services, Department of Children and Families was the entity which brought the motion for suspension before this court.

   Added 1998, Fish and Wildlife Commissioner's Reg. No. 1026, eff. Dec. 19, 1998.

§ 17. Rule governing the importation and possession of deer or elk from chronic wasting disease endemic areas and captive hunt or farm facilities.

1. Authority.
2. This rule is promulgated pursuant to 10 V.S.A. § 4081 .  In promulgating this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and furbearing animals in this State is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance.
3. In accordance with 10 V.S.A. § 4082 , this rule is designed to maintain the best health, population and utilization levels of the regulated species and other necessary or desirable species which are related to the regulated species.
4. This rule applies to importation and possession of deer or elk carcasses or the parts thereof, from chronic wasting disease endemic areas and captive hunt or farm facilities.
5. This rule shall apply to all persons who import, possess, transport, use, or deal with deer or elk carcasses, or parts thereof, from chronic wasting disease endemic areas and captive hunt or farm facilities.
6. Purpose.

   The purpose of this rule is to:

   1. ensure the conservation of the wildlife in the State, and
   2. maintain the best health of native cervidae of the State, and
   3. prevent the introduction or spread of a disease that is potentially harmful to humans and wild species.
7. Permitted Activities and Restrictions.
8. The importation or possession of deer or elk carcasses, or the parts thereof, from chronic wasting disease endemic areas and captive hunt or farm facilities is prohibited except as provided below:
   1. Meat that is cut up and packaged, and not mixed with other deer or elk during processing.
   2. Meat that is boneless.
   3. Hides or cape with no part of the head attached.
   4. Clean skull-cap with antlers attached.
   5. Antlers with no other meat or tissue attached.
   6. Finished taxidermy heads.
   7. Upper canine teeth with no tissue attached.
9. All hunters shall identify their deer and elk with their non-resident license information in accordance with section 2a of this title.
10. Chronic Wasting Disease Endemic Areas.

    The Department shall provide a list of chronic wasting disease endemic areas and shall update the list as areas are added or deleted. The list shall be available on the Department's web site, from the Department's headquarters and from the Department's district offices. The list shall also be made available to the media as much as practicably possible to provide maximum notice to the public.

11. Captive Hunting or Farm Facilities Defined.
12. Captive Hunting Facilities are any facilities with captive deer or elk held in a fenced or walled enclosure for the purpose of taking by hunting.
13. Farm Facilities  are any facilities with captive deer or elk held in a fenced or walled enclosure and are raised for meat, hides, antlers or other products.

    Added 2003, Fish and Wildlife Board Reg. No. 1100, eff. June 4, 2003.

§ 18. Governing the importation and possession of wild animals, excluding fish.

1. Authority.
2. This rule is adopted pursuant to 10 V.S.A. § 4081(a) and (b) which authorizes the Board to carry out the purposes of protecting the State's wildlife, and 10 V.S.A. § 4709 which regulates the importation and possession of wild birds and animals in the State and establishes a permit application fee, and 10 V.S.A. § 4152 establishes scientific and education collection permits.
3. Purpose.
4. It is the purpose of this regulation to carry out the mandate of the Vermont General Assembly to control through a permit program the importation and possession of wild animals in Vermont as provided in 10 V.S.A. § 4709 . It is the purpose of this statute and its regulations to protect the health, safety and welfare of animals, both wild and domestic, to prevent damage to agriculture and livestock, and to protect the health, safety and welfare of human inhabitants of the State of Vermont.
5. Definitions.
6. (Wild Animals or Wildlife) - All animals, including mammals, birds, amphibians and reptiles, excluding fish and those animals defined by the Secretary of Agriculture, Food and Markets by rule as pets and those defined as domestic under paragraph 3.2 of this rule. Included in this definition is any part, product, egg, offspring, dead body, or part of the dead body of any such wildlife. Wildlife includes all subspecies of wildlife and any other group of wildlife of the same species, the members of which may interbreed when mature, including any hybrid species except wolf-hybrids. Wild animals taken or possessed, or reared in captivity remain wild animals and are not domestic or tame animals.
7. (Domestic Birds and Animals) - The Department shall provide a list of domestic animals and shall update the list as needed, adding or deleting animals as necessary. The list shall be available on the Department's web site, from the Department's headquarters and from the Department's district offices. The list shall also be made available to the media as much as practicably possible to provide maximum notice to the public.
8. (Board) - Vermont Fish and Wildlife Board
9. (Department) - Vermont Fish and Wildlife Department
10. (Commercial) - To sell, have sold, or offer for sale as defined in 10 V.S.A. § 4001(22) ; barter, exchange and offering or exposing for sale; and possession with the intent to sell, import, or export.
11. (Commissioner) - Fish and Wildlife Department Commissioner as defined in 10 V.S.A. § 4001(27) .
12. (Dealer) - Any person, who commercially buys or sells any wild animal, as defined in 3.5.
13. (Unrestricted Wild Animals) - Those species determined not to conflict with the purposes of this regulation.
14. (Native Wildlife) - Native to the State of Vermont, either historically or at present.
15. Importation or possession of wild animals.
16. Except as otherwise provided by law, it is unlawful for any person to bring into or possess in the State of Vermont any live wild animal, or live ovum or semen thereof, of any kind, unless upon application in writing, the person obtains from the Commissioner a permit to do so; or the species of animal, ovum, or semen is listed as a domestic bird or animal, domestic pet, or unrestricted wild animal.
17. The importation and possession of dead wild animals, in accordance with all laws and regulations applicable in Vermont or the place of origin, for personal use are exempt from this regulation.
18. The importation, possession and regulation of pests and beneficial organisms regulated by the Secretary of Agriculture, Food and Markets is exempt from this regulation.
19. Permits.
20. Dealer's Permit.

    All commercial dealers in Vermont, including, but not limited to pet shop owners, persons raising frogs for sale as institutional experimental animals, and all persons who import, export, and/or sell wild birds and animals must first obtain a valid Dealer's Permit from the Department.

21. Importation and Possession.
    1. Except as provided herein, the Commissioner shall not issue a permit for the keeping or possession of any wild animal in captivity, except for bona fide scientific or educational purposes as permitted by ( 10 V.S.A. § 4152 ).
    2. For purposes other than importation and possession for bona fide research and educational purposes, the Commissioner shall not issue a permit unless it has been determined that the wild animal or wildlife proposed to be brought into or possessed in the State does not conflict with the purpose of this regulation. The Commissioner shall establish a list of Unrestricted Wild Animals that do not conflict with the purpose of this regulation, are commonly sold in the pet trade, and do not require an Importation and Possession Permit from the Department.
    3. The Unrestricted Wild Animals List will consist of those species that are determined to be no threat to the State's native wildlife, minimal threat to human health and safety, and suitable as pets for the residents of the State. This list is expected to be revised periodically by the Commissioner depending on recent pet trade trends, disease, and health issues. The list shall be posted on the Department website and made available at the Department's central and district offices.
22. Scientific and Educational Collection.

    In accordance with 10 V.S.A. § 4152 , the Commissioner may issue permits to collect birds, their nests and eggs and wild animals, or their parts thereof, for public scientific research, educational purposes, art, or photography.

23. Commercial Collection.

    Any person who collects any wild animal within the boundaries of the State of Vermont and sells said wild animal must obtain a Commercial Collection Permit from the Department.

24. Temporary Exhibition.

    Any person importing or possessing any wild animal for the purposes of temporary exhibition must obtain from the Commissioner a permit to do so; unless the species is listed as a domestic bird or animal, domestic pet, or unrestricted wild animal.

25. Propagation Licenses.

    Any person breeding and propagating wild birds and animals in accordance with 10 V.S.A. § 5207 must obtain from the Commissioner a license to do so; unless the species is listed as a domestic bird or animal, domestic pet, or unrestricted wild animal.

26. Permit Application.
27. Applications for a permit for importation and possession, scientific and educational collection, commercial collection, temporary exhibition, or propagation must be complete and submitted to the Department on an application form to be provided by the Department. For an application to be complete, it must be legible, must contain all of the information requested by the Department, shall contain no false statements, must bear the applicant's official signature, and must be accompanied by the required application fee.
28. Facilities.
29. Any person permitted to import, possess, or collect wild animals shall provide adequate facilities as required by the Commissioner. Conditions may be imposed that require specific conditions for captivity or exposure to humans (e.g., prohibit the touching of wild animals by any person other than the permit holder).
30. Inspections.
31. Persons holding a permit for dealer, importation and possession, scientific and educational collection, commercial collection, or temporary exhibition shall allow inspection at reasonable times of their premises, facilities, records and wild animals by a State Game Warden, or other Department representative.
32. If upon inspection, a wild animal is not being kept as required by the conditions of the permit, or the presence of disease has been determined, destruction of the wild animal may be required by the Commissioner.
33. Violations.
34. Any wild animal that is taken, imported or possessed in violation of this regulation, or is kept in violation of any permit issued may be confiscated and disposed of in accordance with 10 V.S.A. § 4513 . Permit violations and violations of Part 4 of Title 10 may result in the revocation of the permit.

    Added 2008, Fish and Wildlife Board Reg. No. 881, eff. Jan. 23, 2008.

§ 19. Rule governing the importation and possession of animals for taking by hunting.

1. Authority and Application.
2. This rule is promulgated pursuant to 10 V.S.A. §§ 4081 , 4082, and 4714.
3. In promulgating this rule, the Vermont Fish and Wildlife Board is following the policy established by the General Assembly that "the protection, propagation control, management and conservation of fish, wildlife and furbearing animals in this State is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance," as stated in 10 V.S.A. § 4081 .
4. In accordance with 10 V.S.A. § 4082 , this rule is designed to maintain the best health, population and utilization levels of wild animals.
5. Wild animals in Vermont belong to the people in their collective and sovereign capacity, not in their private and individual capacities, as long recognized by the Vermont Supreme Court.1 Ownership of wild animals may only be acquired subject to the reasonable regulation as provided for by the General Assembly.

   1 See, inter alia, State v. Theriault, 70 Vt. 617 (1898), Payne v. Sheets, 75 Vt. 335 (1903); State v. Niles, 78 Vt. 266 (1906); Zanotti v. Bolles 80 Vt. 345 (1907).

6. This rule applies to any live animal that is possessed or confined for the purposes of taking by hunting.
7. This rule applies to enclosures whose purpose is to confine animals to be taken by the means of hunting. It shall not apply to activities permitted under the provisions of 10 V.S.A. § 5217 , or 10 V.S.A Appx §§ 32 and 13.
8. Purpose and Policy.
9. The purpose of this rule is to:
   1. In accordance with 10 V. S.A. § 4714, establish the necessary criteria to implement and enforce the permit and permit process for the importation and possession of animals for the purposes of hunting;
   2. Maintain the best health of the wild animals of the State, both in the wild populations and those animals within facilities permitted under this rule;
   3. Prevent the introduction or spread of a disease, or parasite by imported animals that are harmful to humans and wild animals, specifically, but not exclusively, the spread of "Chronic Wasting Disease" ("CWD"), bovine tuberculosis, and rabies;
   4. Ensure the physical health and safety of humans;
   5. Ensure the rights of hunting and fowling enshrined in Chapter II, Section 67 of the Vermont Constitution;
   6. Prohibit entrapment of white-tailed deer and moose or any wild animal not authorized in this regulation, even if temporary, by means of a fenced enclosure or enclosed hunting facility; and
   7. Maintain the health of the white-tailed deer and moose populations by ensuring that diseases associated with enclosed animals are not introduced into the wild and that there are sufficient open lands for the wildlife of the State to travel, feed, and meet all their life requirements and support population levels to accommodate the public's interests in these resources.
10. Definitions.
11. "Animals" means all members of the animal kingdom, wild or domestic.
12. "Application" means a document produced and published by the Department, completed by a person seeking a permit from the Commissioner to import or possess animals for taking by hunting.
13. "Board" means the Vermont Fish and Wildlife Board.
14. "Cervid," "Cervidae," and "deer" means any member of the Cervidae family.
15. "Chronic wasting disease" ("CWD") means a transmissible spongiform encephalopathy (TSE) of cervids.
16. "Commissioner" means the Vermont Fish and Wildlife Department Commissioner.
17. "CWD susceptible cervid" means any species of the family Cervidae, or any other family or genera, when published scientific evidence shows susceptibility to Chronic Wasting Disease ("CWD"), including black-tailed and mule deer, white-tailed deer, elk, red deer, and moose. Fallow deer (Dama dama) are excluded until susceptibility evidence is discovered.
18. "Department" means the Vermont Department of Fish and Wildlife.
19. "Designated Employee" means an employee or agent of the permittee who has been designated by the permittee to take a captive animal or wild animal that has become entrapped. The names of all designated employees shall be provided to the Department, in writing, prior to being given authorization to take any animal.
20. "Enclose" means to create through the use of fences, manmade structures, or natural barriers, an area that can be used to restrict the free movement of animals.
21. "Enclosure" means a structure designed to restrict the free movement of animals and the area within that structure.
22. "Escape-proof" means so constructed that the captive animals will remain confined under all circumstances, except when natural catastrophe or other incidents occur over which the owner or the owner's agent has no control. "Escape-proof" also means so constructed as to prevent ingress from white-tailed deer and moose.
23. "Herd" means one or more cervids that are under common ownership or supervision permitted under this rule and are grouped on one or more parts of any single premises (lot, farm or ranch), and all cervids under common ownership or supervision on two or more premises which are geographically separated but on which cervids have been commingled or had direct or indirect contact with one another.
24. "Herd inventory" means an official list of all of the animals enclosed within the facility including verification of the official or approved identifications.
25. "Hunting" means the taking of an animal by use of a firearm, muzzleloader, bow or crossbow or other implement authorized by the General Assembly, or the Vermont Fish and Wildlife Board to pursue or take any live animal.
26. "Hunting Facility" means an enclosure created by the use of fences, man-made structures, or natural barriers where animals are confined to be taken by hunting. Specifically excluded from this definition are activities covered by regulations 734 (Beagle Training) and 690 (Regulated Shooting Grounds).
27. "Import" means any act of transporting animals into Vermont from any state or country.
28. "NAIS" means National Animal Identification System. This is a national program administered by the U.S. Department of Agriculture outlining standard operating procedures in animal identification.
29. "Owner" means an individual, partnership, company, corporation or other legal entity that has legal title to an animal or herd of animals.
30. "Permit" means a written authorization from the Commissioner specifically granting a request to import and/or possess animals for hunting within an authorized facility.
31. "Person" includes individuals, principals, agents, employees, firms, partnerships, corporations and associations.
32. "Possession" means actual or constructive possession.
33. "Take and taking" means pursuing, shooting, hunting, killing, capturing, trapping, snaring and all lesser acts, such as disturbing, harrying or worrying or wounding or placing, setting, drawing or using any net or other device commonly used to take animals, whether they result in the taking or not; and shall include every attempt to take and every act of assistance to every other person in taking or attempting to take fish or wild animals, provided that when taking is allowed by law, such a taking must be by lawful means and in a lawful manner.
34. Generally.
35. Prohibited:  It is unlawful to take by hunting any animal in an enclosed area by a person other than the owner of the facility, spouse, the landowner's minor child, licensed veterinarian, or designated employee as defined by this rule, unless the facility is properly licensed as a captive hunt facility under this rule or has been granted authorization by the Commissioner.
36. Importation:  It shall be prohibited to import, possess or confine any live animal, to be taken by hunting except the species listed in Section 4.5 of this rule. It shall be unlawful to import, possess or confine to be taken by hunting white-tailed deer and moose.
37. Ingress:  When any species of animal that is imported or possessed for the purposes of hunting but not approved under 4.5 of this Rule, or any white-tailed deer or moose becomes entrapped within an enclosure of a permitted facility, the permittee, or an agent of the permittee shall notify the Department of Fish and Wildlife within the 24 hours of actual or constructive notice of the entrapment. The Department of Fish and Wildlife may take whatever steps under its authority that are deemed necessary to remove and dispose of any entrapped white-tailed deer or moose.

    a) Authorization to take by permittee: The permittee, or its designated employee, is authorized to take an entrapped animal. Any such taking must be reported to the Department within 12 hours of the taking. Any authorized person shall immediately properly dress the carcass and care for the meat. The entire carcass of any animal taken or removed under this subsection is the property of the Commissioner and shall be tested for diseases as specified by the Fish and Wildlife Department.

38. Escape:  Any animal approved for importation and possession under 4.5 of this Rule that escapes any enclosure of a permitted facility shall be reported to the Fish and Wildlife Department within 24 hours of the permittee's actual or constructive notice of the escape.
    1. Escaped animals:  Upon actual or constructive notice of an escape of an approved animal from a permitted facility, the permittee shall attempt to recapture the animal.  Any such escaped animal which remains outside the enclosure longer than 72 hours, shall be subject to being destroyed by the Department.
    2. Extension:  For good cause shown, the Commissioner may grant additional time for recapture when a request for extension of time is submitted.
39. Allowed Species:  No species of animal may be hunted in any hunting facility except those listed below.
    1. The list of allowed animals is as follows:

       Buffalo ( Bison bison )

       Elk or wapiti ( Cervus elaphus canadensis )

       Red deer ( Cervus elaphus )

       Fallow deer ( Dama dama )

       European wild boar ( Sus scrofa ferus )

       Spanish goat ( Capra aegagrus hircus )

       Mouflan sheep ( Ovis musimon )

       Corsican, Black Hawaiian, Texas Dall, and Barbarossa sheep ( Ovis hybrids )

    2. If a permittee or applicant wishes to import and enclose a species not listed in 4.a. above for the purpose of being taken by hunting, the Board may be petitioned to include that species. Species approved must not have an adverse effect on the State's wildlife, and the proposed importation and/or possession will maintain the best health, utilization and population levels of wildlife.
40. Season:  There shall be no closed season for any animal possessed for the purposes of hunting if in compliance with this rule.
41. License:  It is unlawful for any person to take an animal in a hunting facility unless in the possession of a valid and current Vermont hunting license.
42. Rare and Irreplaceable Natural Areas:  No part of the proposed enclosure will encompass any land designated as a Rare and Irreplaceable Natural Area, as defined by the Act 250 process.
43. Necessary Wildlife Habitat:  No part of the proposed enclosure will encompass any areas designated as Necessary Wildlife Habitat as defined by the Act 250 process, or as designated by the Department.
44. Enclosure Size:  No hunting facility may have an enclosure less than 100 acres in size for the purpose of taking an animal by hunting. No hunting facility may have enclosures with total summed area greater than 1280 acres.2

    2 1280 acres is equivalent to two square miles. Limiting the size to 1280 acres reduces the risk of interfering with populations of white-tailed deer, moose, bear and other species that depend on large areas of land during seasonal movement to fulfill their life requirements.

45. Premises Inspection:  All facilities permitted under this rule shall be subject to inspection by the Commissioner or the Commissioner's designee. Such inspections may include, but are not limited to, records kept under this rule, perimeter fencing, enclosed animals, and any structures within the facility. Requests for inspection shall take place during reasonable business hours.
46. Record keeping and CWD Certified Herd Program:  Accurate records documenting purchases, sales, interstate shipments, intrastate shipments, escaped animals, entrapped white-tailed deer and moose, deaths (including harvested animals), and births shall be established and maintained for all hunting operations.
    1. Availability of Documents:  Documentation shall be made available to Department personnel immediately upon request.
    2. Content of Documents:  Information provided in the records shall be kept on forms provided by the Department. Information shall include: where animals originated, travel (sale) history, individual animal identification, certificate of veterinary inspection, carcass and sample identification numbers, sex, species, and age.
    3. Multiple Enclosures:  If a facility has multiple enclosures, movement of animals between such enclosures shall be recorded as if they were separately owned enclosures.
    4. CWD Certified Herd Program:  The owners of any CWD susceptible cervid shall enroll in the Vermont agency of agriculture, food and market's CWD Certified Herd Program and remain compliant with the Vermont Rules Governing Captive Cervidae as applied to any possession or take of a CWD susceptible cervid.
47. Feeding:  The feeding of ruminant protein to cervids is strictly prohibited. All facilities permitted under this rule are forbidden from feeding prohibited feed ingredients. The storage of prohibited feed in the same area as allowable feed is also prohibited. Feeding practices will be reviewed during inspections.
48. Animal Health:  Captive animals shall have sufficient food, water, and cover, as well as a variety of topographical areas and vegetation types that are not to become excessively degraded over time due to over-stocking of animals. Animals shall receive humane and proper treatment in accordance with accepted agricultural or veterinarian practices.
49. Requirements of the Facility and Operation.
50. Fencing Requirements:3.

    3 These requirements are consistent with the Vermont Agency of Agriculture, Food and Market's Rules Governing Captive Cervidae (2006).

    1. General:  Captive animals must be contained within an escape-proof enclosure that complies with all specifications under this rule at all times. Repeated escapes of captive animals, or the ingress of white-tailed deer or moose is evidence of non-compliance with this rule.
    2. Specifications.
       1. Conventional or hi-tensile perimeter fences of which at least the bottom six (6) feet must be mesh (maximum mesh size shall be 12 1/2" x 7").  The overall height is to be a minimum of eight (8) feet.
       2. Minimum wire gauges - 12 1/2 gauge - conventional fence; 14 1/2 gauge - woven hi-tensile.
       3. All perimeter gates providing access to animal holding facilities shall be kept secured when animals are present. Gate construction shall be constructed and maintained to prevent escape of captive animals, or ingress by white-tailed deer or moose, by crawling under the gate, jumping over the gate, or passing between the gate and adjacent fence.
       4. Posts - four (4) inch minimum diameter, wood or equivalent (e.g., rust resistant steel), spaced no more than fifty (50) feet apart (60-foot spacing is allowed if there are at least two (2) steel posts between the wood posts). There shall be a post or stay (wood or steel) every 20 feet. Posts must be at least eight (8) feet above ground level. Corners shall be braced with wood or equivalent material.
51. Identification:
    1. Any animal added to the enclosure shall have a minimum of two official/approved unique identifiers. At least one of these identification systems shall include visible identification and at least one shall include identification as approved by the Commissioner.
    2. For all animals not covered by the agency of agriculture's identification requirements, the Commissioner shall establish an identification system such as, but not limited to, tags and tattooing. The Commissioner may approve a written identification plan generated by the permittee. All animals to be enclosed shall be identified prior to being placed in the enclosure.
52. Capture Chutes for Testing:  Shall be in accordance with the rules of the Secretary of the Agency of Agriculture, Food and Markets.
53. Testing of Live Animals:  Shall be in accordance with the rules of the Secretary of the Agency of Agriculture, Food and Markets.
54. Monitoring:  Facilities operating under this rule shall allow the Commissioner, or the Commissioner's designee, to inspect the permitted facility and records at any time.
55. Testing of Harvested Animals:  Shall be in accordance with the rules of the Secretary of Agriculture, Food and Markets.
56. Application Process.
57. Eligibility:  Only those hunting facilities in existence prior to October 28, 2008, will be eligible to apply for a permit subject to this rule.  No new hunting facilities for the taking of animals by hunting behind fences will be established or permitted.
58. It is unlawful to import or possess any animal for the purposes of being taken by hunting without a permit.  Prior to the importation or possession of any animal by a person, party, or corporation for the purposes of being taken by hunting under this rule, a facility shall apply to the Commissioner in writing with a permit application designed and provided by the Commissioner. The application shall include:
    1. Name, address and phone number of the Applicant and/or Owner and/Operator if different. Name address and phone number of any "designated employee" as defined in this rule.
    2. Map of facility, depicting enclosure location and parcel boundaries.
    3. Proof of ownership, including title or lease.
    4. Area, in acres, of the lands to be enclosed.
    5. A description of the lands to be enclosed, including habitat and vegetative conditions including wetlands, cover, and water sources.
    6. A letter from the Department indicating that the area to be enclosed does not encompass a Rare and Irreplaceable Natural Area, Necessary Wildlife Habitat, or other rare community type.
    7. Detail of the two kinds of identification systems to be used at the facility as prescribed in this rule.
    8. Copies of veterinary inspection reports certifying the disease free status of the animals and all necessary testing in compliance with rules of the Secretary of the Agency of Agriculture, Food and Markets.
    9. Documentation showing the facility to be in compliance with all local, municipal, state and federal licensing, zoning, taxation, and other applicable laws or regulations.
    10. Any additional information as is necessary to determine that the importation or possession of the animals referred to complies with the purposes of this rule.
    11. A permittee shall provide a bond, secured note of credit, or equivalent instrument, equal to the cost of decommissioning the facility.  Factors in determining the cost of decommissioning shall include, but not be limited to: acreage, number of animals, and linear feet of fencing.
59. Receipt:  The Commissioner shall acknowledge, in writing, receipt of the application within thirty (30) days of receipt.  The acknowledgement shall state whether the application is complete or deficient.
60. Deficiencies:  If the application is administratively deficient, the Commissioner shall inform the applicant of the deficiencies and give the applicant thirty (30) days starting the day the notice is placed in the U.S. mail to correct the deficiencies.  Applications that remain deficient after the thirty (30) day period shall be deemed denied by the Commissioner and returned to the applicant.
61. Review:  When an application is deemed administratively complete, the Commissioner shall review the information supplied to determine if the application complies with all parts of this rule.
62. Site Inspection:  Prior to final approval, the Commissioner, or the Commissioner's designee, shall conduct a site inspection. The inspection shall ensure that all parts of this rule have been verified, including the absence of white-tailed deer or moose within the hunting facility enclosure. Any animals subject to this rule may not be added to the premises prior to inspection and approval.
63. Issuance:  If the application has been deemed complete by the Commissioner, the site inspection has revealed no deficiencies, and the Commissioner has found that the applicant is in full compliance with this rule, a permit shall be issued and a facility identification number will be assigned for future correspondence and reporting purposes.
64. Denial:  If the application is denied, the Commissioner shall, within thirty (30) days, provide a written denial providing the reasons why the application was denied.4

    4 See Section 8.0 of this rule regarding appeals of a denial.

65. Term:  Subject to full compliance with this rule, a permittee may apply for a renewal every three years.
66. Permit Revocation.
67. Grounds for Revocation:  The Commissioner may revoke any permit issued for failure to comply with the provisions of this rule or when there is an imminent threat of a disease from the facility to any wildlife species of the State.
68. Notification:  If the Commissioner finds that a facility permitted under this rule is in violation of the rules promulgated by the Board or the provisions of 10 V.S.A. Part 4, or there is an imminent threat of disease from the hunting facility to any wildlife species of the State, then the Commissioner shall notify the permittee in writing of the intent to revoke the permit.
69. Opportunity to Cure:  A permittee found out of compliance with Sections 5.1, 5.2, and 5.3 of this rule will have thirty (30) days from the date of notification to cure the non-compliance.
70. Proceeding:  Notwithstanding the license revocation in accordance with 10 V.S.A. § 4502 , under Section 7.1 of this rule, the Commissioner shall, prior to permit revocation, provide a proceeding consistent with 3 V.S.A. § 814(c) .
71. Emergency Revocation:  If the Department finds that the public health, safety, or welfare imperatively requires emergency action, or there is an imminent threat to any wildlife species of the State, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings as described above.
72. Appeals.

    Notwithstanding 10 V.S.A. § 4502 , any person aggrieved by the Commissioner's finding, order or revocation under this rule may appeal to the Superior Court in Washington County.

73. Facility Decommissioning.
74. Following permit revocation, or permit abandonment, captive animals within enclosures shall not be released from facilities.
75. All imported animals and their offspring shall be subject to the requirements of 5.2 and 5.4 of this rule5.  Thereafter, animals may be removed from the enclosure, or continue within the enclosure and subject to the jurisdiction of the Agency of Agriculture, Food and Markets.

    5 That is, all animals must be identified and tested prior to being introduced into any other population or enclosure.

76. Depopulated facilities shall have at least 1/10 of perimeter fencing removed from all sides to allow passage of wild animals in addition to the removal of all corner fencing of the enclosures. Exceptions to this clause will be made for CWD and/or tuberculosis-positive facilities at the discretion of the Department in accordance with most recent scientific evidence for environmental resilience of CWD and/or tuberculosis pathogens.
77. Compliance of Existing Facilities.
78. All existing facilities must receive a permit under this rule within one year of its adoption or will be deemed out of compliance with this rule and subject to the penalties allowed by law.
79. Hunting facilities found operating without a valid permit shall be deemed out of compliance with rule and subject to the penalties allowed by law.

    Added 2009, Fish and Wildlife Board Reg., eff. Jan. 4, 2009.

§ 19a. Rule governing the transition of the relevant captive hunt facility to compliance with 10 V.S.A. App. § 19.

1. Authority.
2. This rule is promulgated pursuant to No. 54 of the Acts of the 2011 Sess. (2011) (hereinafter "Act 54") which requires that "the Fish and Wildlife Board shall adopt by rule a process by which the number of white-tailed deer and moose entrapped within the relevant captive hunt facility is reduced to zero by taking, as that term is defined in 10 V.S.A. § 4001 , over a three-year period from September 1, 2011."
3. This rule is promulgated pursuant to 10 V.S.A. §§ 4081 , 4082.
4. In accordance with 10 V.S.A. § 4081 , this rule is following the policy established by the General Assembly that "the protection, propagation control, management and conservation of fish, wildlife and furbearing animals in this State is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance."
5. In accordance with 10 V.S.A. § 4082 , this rule is designed to maintain the best health, population and utilization levels of wild animals.
6. Purpose and Policy.
7. The purpose of this rule is to: In accordance with Act 54, establish the necessary criteria to implement the transition from the jurisdiction of the relevant captive hunt facility from the Secretary of Agriculture, Food, and Markets to the Commissioner of the Department of Fish and Wildlife.
8. In Act 54, the General Assembly found and declared that: "To preserve the health of the wildlife of Vermont, all owners of captive cervidae facilities should be required to remove entrapped white-tailed deer or moose, and such facilities should be required to take the necessary measures to prevent future entrapment of white-tailed deer or moose."
9. This rule is designed to bring the population of entrapped white-tailed deer and moose to zero over the three-year period September 1, 2011 - August 31, 2014.
10. This rule is designed to permit the disease surveillance that is consistent with the goals set forth in 10 V.S.A. § 4081 and Act 54 to prevent the introduction or spread of a disease, or parasite, by imported animals that are harmful to humans and wild animals, specifically, but not exclusively, the spread of "Chronic Wasting Disease" ("CWD"), bovine tuberculosis, and rabies.
11. In accordance with 10 V.S.A. § 4081 , "It is the policy of the State that . . . . 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 its sovereign capacity as a trustee for the citizens of the State, shall have ownership, jurisdiction, and control of all of the fish and wildlife of Vermont."
12. Definitions.
13. "Animals" means all members of the animal kingdom, wild or domestic.
14. "Board" means the Vermont Fish and Wildlife Board.
15. "Captive animal" has the same meaning as under 10 V.S.A. § 4715(a)(1) .
16. "Cervid," "Cervidae," and "deer" means any member of the Cervidae family.
17. "Chronic Wasting Disease" ("CWD") means a transmissible spongiform encephalopathy (TSE) of cervids.
18. "Commissioner" means the Vermont Fish and Wildlife Department Commissioner.
19. "Department" means the Vermont Department of Fish and Wildlife.
20. "Enclosure" means a structure designed to restrict the free movement of animals and the area within that structure.
21. "Herd" means one or more cervids that are under common ownership or supervision permitted under this rule and are grouped on one or more parts of any single premises (lot, farm or ranch), and all cervids under common ownership or supervision on two or more premises which are geographically separated but on which cervids have been commingled or had direct or indirect contact with one another.
22. "Herd inventory" means an official list maintained by the facility of all of the animals enclosed within the facility including individual animals' official or approved identifications.
23. "Hunting" means the taking of an animal by use of a firearm, muzzleloader, bow or crossbow or other implement authorized by the General Assembly, or the Vermont Fish and Wildlife Board to pursue or take any live animal.
24. "Import" means any act of transporting animals into Vermont from any state or country.
25. "Permit" means a written authorization from the Commissioner specifically granting a request to import and/or possess animals for hunting within an authorized facility.
26. "Relevant captive cervidae facility" shall mean a captive cervidae facility subject to the requirements of Sec. E.702.1 of No. 156 of the Acts of the 2009 Adj. Sess. (2010). 1

    1 Repealed by Act 54, Section 5.

27. "Take and taking" means pursuing, shooting, hunting, killing, capturing, trapping, snaring and all lesser acts, such as disturbing, harrying or worrying or wounding or placing, setting, drawing or using any net or other device commonly used to take animals, whether they result in the taking or not; and shall include every attempt to take and every act of assistance to every other person in taking or attempting to take fish or wild animals, provided that when taking is allowed by law, such a taking must be by lawful means and in a lawful manner." 10 V.S.A. § 4001 (23).
28. Scope of the Rule.
29. On September 1, 2011, the relevant captive cervidae facility shall be regulated as a captive hunt facility under the Fish and Wildlife Board's rule governing the importation and possession of animals for taking by hunting as set forth in 10 V.S.A. App. § 19.
30. This rule does not supersede the requirements of 10 V.S.A. App. § 19.
31. Nothing in this rule is intended to modify or abridge the authority of the Commissioner to authorize the taking of white-tailed deer and moose pursuant to 10 V.S.A. Section 4138.
32. Record, Reporting and Disease Surveillance 2.

    2 These recording keeping and reporting requirements mirror those found in 10 V.S.A. App. § 19 and are repeated here to meet the requirements of Act 54.

33. Records.
    1. Availability:  Documentation shall be made available to Department personnel immediately upon request or 24 hours if not practicable.
    2. Content:  Information provided in the records shall be kept on forms provided by the Department. Information shall include: where animals originated, travel (sale) history, individual animal identification, certificate of veterinary inspection, carcass and sample identification numbers, sex, species, and age. Information shall also include the name and address of any person taking a white-tailed deer or moose and the identification number of the animal taken.
34. Animal Health:  Captive animals shall have sufficient food, water, and cover, as well as a variety of topographical areas and vegetation types that are not to become excessively degraded over time due to over-stocking of animals. Animals shall receive humane and proper treatment in accordance with accepted agricultural or veterinarian practices.
35. Identification:
    1. Any captive animal within the enclosure shall have a minimum of two official/approved unique identifiers. At least one of these identification systems shall include visible identification and at least one shall include identification as approved by the Commissioner.
    2. Other means of identification are available for approval subject to 10 V.S.A. App. § 19, Section 5.2(b).
36. Annual Herd Assessment.  In order maintain successful surveillance, the Department shall, on September 1 of each year conduct an annual assessment, including:
37. Herd Inventory
    1. The number of white-tailed deer and moose taken by the means of hunting by August 31 of that year;
    2. The number of white-tailed deer or moose experiencing mortality by August 31 of that year; and
    3. The total number of white-tailed deer and moose remaining in the relevant captive hunt facility and the herd inventory identification numbers for each animal.
38. Inspection of the Facility.  Inspections may include, but are not limited to, records kept under this rule, perimeter fencing, captive animals, and any structures within the facility. Requests for inspection shall take place during reasonable business hours.
39. Removal of Wild Cervids.
    1. Any untagged white-tailed deer or moose shall be considered a wild animal;
    2. All such animals will be removed either by the relevant captive hunt facility owner or the Department at the Department's discretion.
40. Monitoring:  Facilities operating under this rule shall allow the Commissioner, or the Commissioner's designee, to inspect the permitted relevant captive hunt facility and records at any time.
41. Testing of Animals:  Testing of animals shall be in accordance with the rules of the Secretary of Agriculture, Food and Markets. The head of any white-tailed deer or moose experiencing mortality by any means shall be preserved consistent with CWD testing protocols and notice shall be provided to the Department within 24 hours.
42. Open Season and Restrictions.
43. There is no closed season for taking of white-tailed deer and moose within the relevant captive hunt facility subject to the following restrictions:
    1. Shooting Hours: 1/2 before sunrise -  1/2 after sunset;
    2. No Fee:  No fee, other than for guide services, shall be charged by the relevant captive cervidae facility for the right to take white-tailed deer or moose;
    3. Escape or Release:  No person may knowingly or intentionally allow wild cervidae at the relevant captive cervidae facility to escape or to be released from the facility;
    4. Tagging:  A person taking a white-tailed deer or moose within the facility shall immediately tag the big game carcass upon taking with a tag provided by the Department. The tag shall be placed on the big game carcass in a location that is open to view. Such tag shall remain on the big game carcass during possession and transportation;
    5. Legal Means:  Any white-tailed deer or moose taken by any legal means as prescribed in 10 V.S.A. Appendix § 37;
    6. License:  Any person taking an animal within the relevant captive hunt facility shall possess a valid and current Vermont hunting license;
    7. No Limit: There is no possession limit on persons taking white-tailed deer or moose within the facility so long as it is properly tagged under this rule. The annual deer limit contained in 10 V.S.A. App. § 37, and any moose hunting limit contained in 10 V.S.A. App. § 33 shall not apply to white-tailed deer and moose legally taken under this rule.
44. Percentages of White-tailed Deer and Moose to be Taken Per Year.
45. September 1, 2011 - August 31, 2012
    1. White-Tailed Deer

       (i) Antlerless: 55% of antlerless deer

       (ii) Antlered: 55% of adult males (bucks)

    2. Moose: 50% of all the moose
46. September 1, 2012  - August 31, 2013
    1. White-Tailed Deer

       (i) Antlerless: 65% of antlerless deer

       (ii) Antlered: 65% of adult males (bucks)

    2. Moose: 50% of all the moose
47. September 1, 2013 - August 31, 2014
    1. 100% of the remaining deer
    2. 100% of the remaining moose 3

       3 Consistent with Act 54, Sec. 5 (c)(2)(B)(i)(I).

48. Posting.
49. Pursuant to Act 54, the owner of the relevant captive cervidae facility may post his or her land according to 10 V.S.A. § 5201 and may restrict access to the facility for hunting.

    Added 2012, Fish and Wildlife Board Reg., eff. Nov. 23, 2011.

§ 20. Aerial Hunting.

1. Authority.

   This rule is adopted pursuant to 10 V.S.A. § 4081(a) . In adopting this rule, the Fish and Wildlife Board is following the policy established by the general assembly that the protection, propagation, control, management, and conservation of fish, wildlife and furbearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance. In accordance with 10 V.S.A § 4084(a)(4), the Fish and Wildlife Board has the authority to prescribe the manner and means of taking any species or variety, and including reporting and tagging of game.

2. Purpose.

   The purpose of this rule is to restrict the taking of wild animals by use of aircraft and drones.

3. Definitions.
4. "Aircraft" means a contrivance used for navigation of or flight in the air and specifically includes, but is not limited to, planes, helicopters, hang-gliders, hot air balloons and any other device that allows a person to fly or hover above the ground.
5. "Take or taking" as defined in 10 V.S.A. § 4001 : pursuing, shooting, hunting, killing, capturing, trapping, snaring and netting fish, birds and quadrupeds and all lesser acts, such as disturbing, harrying or worrying or wounding or placing, setting, drawing or using any net or other device commonly used to take fish or wild animals, whether they result in the taking or not; and shall include every attempt to take and every act of assistance to every other person in taking or attempting to take fish or wild animals, provided that when taking is allowed by law, reference is had to taking by lawful means and in lawful manner.
6. "Unmanned aerial vehicle" means any device capable of flying in the air which is remotely, automatically or otherwise piloted without an occupant, including but not limited to drones.
7. "Wild animal" as defined in 10 V.S.A. § 4001 : all animals, including birds, fish, amphibians, and reptiles, other than domestic animals.
8. Aerial Hunting and Taking Prohibitions; Generally.
9. It shall be unlawful for any person to take or attempt to take wild animals while a person is in an aircraft.
10. It shall be unlawful for any person to take or attempt to take wild animals by use of an UAV.
11. It shall be unlawful for any person within an aircraft, or with the use of a drone or UAV, to:
    1. attempt to locate, surveil, or aid or assist in attempting to locate or surveil any wild animal, for the purpose of taking or attempting to take the wild animal; or
    2. drive or harass any wild animal, or otherwise aid or assist in taking or attempting to take a wild animal.
12. Authorized Exceptions.

    Nothing in this rule shall be construed to relieve or modify the requirement to comply with applicable state and federal regulations, regarding aircraft and UAVs or, to apply to qualified personnel carrying out their lawful duties, in compliance with applicable state and federal regulations and permits, regarding aircraft and "UAVs".

    Added 2015, Fish and Wildlife Board Reg., eff. Mar. 14, 2015.

§ 21. Seasons, bag limits.

Game birds of the species listed in column one of the Table set forth below may be taken during the period specified in column two in the number specified in column three, and may be possessed only in the numbers specified in column three as "possession limits."

Column One Column Two Column Three BIRD SEASON BAG LIMIT (a) Migratory game birds, all species In accordance with Federal regulations In accordance with Federal regulations (b) Partridge (ruffed grouse) Last Saturday in September to December 31, inclusive 4 daily limit 8 possession limit (c) Pheasant Last Saturday in September to December 31, inclusive 2 daily limit 4 possession limit (d) Wild Turkey see § 22, post see § 22, post (e) Quail Last Saturday in September to last Thursday before regular deer season, inclusive 4 daily limit 8 possession limit (1) Bobwhite Quail No closed season None (f) Chukar No closed season None Partridge (g) Others No open season (h) Crow Friday through Monday only, inclusive, January 15 - April 11 and August 19 - December 19 No limit

Added 1961, No. 119 , § 2, eff. May 9, 1961; amended 1963, Fish and Game Board Reg. No. - , eff. Aug. 23, 1963; 1965, Fish and Game Board Reg. No. - , eff. Sept. 13, 1965; 1968, Fish and Game Board Reg. No. - , eff. Jan. 6, 1968; 1975, Fish and Game Board Reg. No. 891, eff. Sept. 1, 1975; 1978, Fish and Game Board Reg. No. 908, eff. Oct. 31, 1978 ; 1980, Fish and Game Board Reg. No. 921, eff. Jan. 1, 1981; 1980, Fish and Game Board Reg. No. 922, eff. Oct. 27, 1980; 1984, Fish and Wildlife Board Reg. No. 952, eff. Sept. 17, 1984; 1989, Fish and Wildlife Board Reg. No. 979, eff. Nov. 24, 1989; 1991, Fish and Wildlife Board Reg. No. 988, eff. Sept. 1991; 2015, Fish and Wildlife Board Reg., eff. January 1, 2016.

§ 22. Turkey Seasons.

1. Authority.
2. This rule is adopted pursuant to 10 V.S.A. § 4081(a) . In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and furbearing animals in this State is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance.
3. In accordance with 10 V.S.A. § 4082 , this rule is designed to maintain the best health, population and utilization levels of the turkey flock.
4. In accordance with 10 V.S.A. § 4084 , this rule establishes daily, season and possession limits for game, territorial limits, and the manner and means of taking; to establish territorial limits for the taking of turkeys; and to establish restrictions on taking based upon sex, maturity or other physical distinction.
5. Purpose.  The purpose of this regulation is to establish seasons for the taking of turkeys, to establish open Wildlife Management Units (WMUs) for the taking of turkeys, to establish methods of taking turkeys and to establish limits on the number of turkeys to be taken.
6. Definitions.
7. "Commissioner" means the Commissioner of the Vermont Fish and Wildlife Department.
8. "Crossbow" means a device consisting of a bow mounted to a rigid stock for discharging bolts or arrows and having a mechanical means to hold and release the drawn string, which must be fired from the shoulder. A bolt means a short projectile for a crossbow that resembles an arrow and has a head that measures no less than 7/8 inch at its widest point.  A crossbow shall have a minimum pull of 125 pounds, a working mechanical safety and a stock no less than 23 inches in length.
9. "Legal means" means the taking of a turkey by shotgun, crossbow, or archery equipment in conformance with Section 6 of this rule.
10. "Novice" means a person who obtained their first hunting license within the past 12 months and is 16 years of age or older.
11. "Wildlife Management Unit" (WMU) means one of 21 geographical areas in Vermont for which big game regulations may vary.
12. "Youth" means a person who is 15 years of age or younger.
13. Spring Season.
14. Dates: May 1, through May 31, inclusive.
15. Shooting hours: One-half hour before sunrise to twelve noon.
16. Legal turkey: Only wild turkeys with beard(s).
17. Bag Limit: Two bearded wild turkeys per person per season.
18. Open WMUs: Open statewide
19. Fall Season.
20. Dates and Open WMU's.
    1. Bow and Arrow, and crossbow only:
       1. Dates: From the 1st Saturday in October to the beginning of the shotgun/bow and arrow/crossbow season.
       2. Open WMUs: Open Statewide
    2. Shotgun•ow & Arrow/Crossbow Season
       1. Dates: Nine consecutive days beginning 21 days prior to the regular deer season, inclusive.
       2. Open WMUs: B, D, G, H, I, J, L, M, O, P, and Q and their respective subunits.
    3. Shotgun•ow & Arrow/Crossbow Season
       1. Dates: For 16 consecutive days beginning 21 days prior to the regular deer season, inclusive.
       2. Open WMUs: subunits: WMUs F, K, and N and their respective subunits:.
21. Shooting hours: One-half hour before sunrise to one-half hour after sunset.
22. Legal Turkey: Any wild turkey.
23. Bag limit: One turkey per person.
24. Legal Method of Taking:
25. Only a shotgun, crossbow, or bow and arrow may be used.
26. Only number 2 or smaller size shot shall be used or possessed.
27. An arrowhead must be at least 7/8th of an inch in width and have two or more cutting edges.
28. Rifles shall not be used or carried by any person while hunting turkeys. A person taking a turkey with a crossbow or bow and arrow may carry a handgun in accordance with 10 V.S.A. § 4252(b) , however, that person may not use the handgun to take turkey.
29. No person shall use dogs in the spring, nor electronic calling devices, bait, live decoys, or participate in cooperative drives during either season.
30. Any person wishing to hunt turkey with a crossbow or bow and arrow must hold proof of having held an archery license or a certificate of satisfactory completion of a bowhunter education course from Vermont or another state or province of Canada which is approved by the Commissioner.
31. Unless it is uncocked, a person shall not possess or transport a crossbow in or on a motor vehicle, motorboat, airplane, snowmobile, or other motor-propelled vehicle except as permitted in accordance with 10 V.S.A. § 4705 .
32. Youth Turkey Hunting Weekend.
33. Youth turkey hunting weekend shall be the Saturday and Sunday prior to opening day of spring turkey season on May 1. Legal shooting hours shall be one half hour before sunrise until 5 p.m.
34. Legal Turkey: Only bearded turkeys may be taken.
35. Bag limit: One bearded turkey per youth. A youth may also hunt during the spring season and take two bearded turkeys during that season.
36. To participate in the youth turkey hunt, a qualified youth must be 15 years of age or younger and have a valid Vermont hunting and turkey license and a youth turkey hunting weekend license.
37. The youth must be accompanied by an unarmed adult who hold a valid Vermont hunting license and who is 18 years of age or older. An adult accompanying a youth under this section shall accompany no more than two young people at one time. As used in this section, "accompany," "accompanied," or "accompanying" means direct control and supervision, including the ability to see and communicate with the youth hunter without the aid of artificial devices such as radios or binoculars, except for medically necessary devices such as hearing aids or eyeglasses.
38. No youth shall hunt under this section on privately owned land without first obtaining the permission of the owner or occupant.
39. Novice Turkey Hunting Weekend.
40. Novice Turkey Hunting Weekend: This season shall be concurrent with the Youth Turkey Hunting Weekend as prescribed in 10 V.S.A. § 4908 and section 7.1 of this rule.
41. Limit: One bearded turkey per novice. A novice may also hunt during the spring season and take two bearded turkeys during that season.
42. To participate in the novice turkey hunting weekend, a qualified person must have a valid Vermont hunting and turkey license and a novice turkey hunting weekend license and follow the requirements of youth turkey hunting weekend.
43. The novice must be accompanied by an unarmed adult who holds a valid Vermont hunting license and who is 18 years of age or older. An adult accompanying a novice under this section shall accompany no more than two novice hunters at one time. As used in this section, "accompany," :accompanied," or "accompanying" means direct control and supervision, including the ability to see and communicate with the novice hunter without the aid of artificial devices such as radios or binoculars, except for medically necessary devices such as hearing aids or eyeglasses.
44. No novice shall hunt under this section on privately owned land without first obtaining the permission of the owner or occupant.

    Added 1982, Fish and Game Board Reg. No. 938, §§ 1-3, eff. Jan. 1, 1983; amended 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1985, Fish and Wildlife Board Reg. No. 956, eff. March 7, 1985; 1985, Fish and Wildlife Board Reg. No. 957, eff. July 5, 1985; 1987, Fish and Wildlife Board Reg. No. 957, eff. Jan. 1, 1987; 1988, Fish and Wildlife Board Reg. No. 974, eff. April 12, 1988; 1990, Fish and Wildlife Board Reg. No. 981, eff. April 27, 1990; 1992, Fish and Wildlife Board Reg. No. 981, eff. November 14, 1992; 1993, Fish and Wildlife Board Reg. No. 996, eff. April 22, 1993; 1993, Fish and Wildlife Board Reg. No. in subsec. (E) 1007, eff. Feb. 13, 1994; 1998, Fish and Wildlife Board Reg. No. 1007, eff. April 3, 1998; 1999, Fish and Wildlife Board Reg. No. 1007, eff. Feb. 17, 1999; 2002, Fish and Wildlife Board Reg. No. 1007, eff. Aug. 3, 2002; 2003, Fish and Wildlife Board Reg. No. 1007a, eff. Feb. 12, 2003, 2003, Fish and Wildlife Board Reg. No. 1007, eff. March 5, 2004, 2010, Fish and Wildlife Board Reg. eff. July 9, 2010; 2015, Fish and Wildlife Board Reg., eff. Jan. 1, 2016; 2016, Fish and Wildlife Board Reg., eff. Jan. 1, 2017; 2019, Fish and Wildlife Board Reg., eff. Jan. 1, 2020; 2020, Fish and Wildlife Board Reg., eff Oct. 15, 2020.

§ 22a. Taking of turkey doing damage.

1. A landowner, or the landowner's authorized agent, with prior approval from a Game Warden, may take, on land owned or occupied by the landowner and not posted except as provided in 10 V.S.A. § 4710 , a turkey which the landowner can prove, has repeatedly, or may continue to substantially damage the following:
   1. a crop bearing plant; or
   2. a crop, except grass; or
   3. a crop which has been harvested and stored.
2. A landowner may designate one individual who holds a resident Vermont hunting license as an agent to take a turkey doing damage, pursuant to subsection (A) of this section, on the landowner's behalf. A landowner may not offer or accept any form of payment to or from a person designated as an agent under this subsection except as allowed in subsection (E) of this section.
3. The landowner shall immediately report the wounding or killing of a turkey under this section to a Game Warden. Within 12 hours of said wounding or killing of a turkey under this section, the landowner or person who performed the act shall submit a written, signed report relating the date, time, place and reason for the wounding or killing to a Game Warden.
4. A person who kills the turkey shall immediately properly dress the carcass and care for the meat.
5. The Game Warden shall immediately investigate the case and if satisfied that the turkey was taken as provided in this section, the Warden shall give the landowner a certificate of his or her finding in the matter. The certificate shall entitle the landowner to the ownership of the carcass. The landowner may not sell or give away the carcass except to offer all or a portion of it to the agent designated under subsection (B) of this section as compensation for killing the turkey.  Any carcass not desired for home consumption in the household of the certificate holder or designated agent shall be turned over to a Game Warden.

   Added 2002, Fish and Wildlife Board Reg. No. 1007a, eff. Sept. 7, 2002.

§ 23. Methods of taking, possessing and transporting migratory game birds.

1. Scope of Regulations.
   1. In general.  The regulations contained in this section relate only to the hunting of migratory game birds, and crows.
   2. Procedural and substantive requirements.  Migratory game birds may be taken, possessed, transported, shipped, exported, or imported only in accordance with the restrictions, conditions, and requirements contained in this section. Crows may be taken, possessed, transported, exported, or imported only in accordance with subsections 32.0 through 34.0 of this section.
2. Relation to Other Provisions.
3. Migratory bird hunting stamps.  The provisions of this section are in addition to the provisions of the Migratory Bird Hunting Stamp Act of 1934 (48 Stat. 451, as amended; 16 U.S.C. 718a).
4. National wildlife refuges.  The provisions of this section are in addition to, and are not in lieu of, any other provision of law respecting migratory game birds under the National Wildlife Refuge System Administration Act of 1966 (80 Stat. 927, as amended; 16 U.S.C. 668dd) or any regulation made pursuant thereto.
5. Each person hunting migratory game birds in Vermont shall annually register with the Vermont Department of Fish and Wildlife's Harvest Information Program (H.I.P.), and must be able to provide proof of the H.I.P. registration.
6. Definitions.  For the purpose of this section, the following terms shall be construed, respectively, to mean and to include:
7. "Migratory game birds" means those migratory birds included in the terms of conventions between the United States and any foreign country for the protection of migratory birds, for which open seasons are prescribed in this section and belong to the following families:

   (i) Anatidae (ducks, geese, brant, and swans);

   (ii) Columbidae (doves and pigeons);

   (iii) Gruidae (little brown cranes);

   (iv) Rallidae (rails, coots, and gallinules); and

   (v) Scolpacidae (woodcock and snipe).

8. "Open season" means the days on which migratory game birds may lawfully be taken. Each period prescribed as an open season shall be construed to include the first and last days thereof.
9. "Closed season" means the days on which migratory game birds shall not be taken.
10. "Daily bag limit" means the maximum number of migratory game birds permitted to be taken by one person in any one day during the open season in any one specified geographic area for which a daily bag limit is prescribed.
11. "Possession limit" means the number of migratory game birds permitted to be possessed by any one person when lawfully taken in the state for which a possession limit is prescribed.
12. "Personal abode" means one's principal or ordinary home or dwelling place, as distinguished from his or her temporary or transient place of abode or dwelling such as a hunting club, or any club house, cabin, tent, or trailer house used as a hunting club, or any hotel, motel, or rooming house used during a hunting, pleasure, or business trip.
13. "Migratory bird preservation facility" means:

    (i) Any person who, at his or her residence or place of business and for hire or other consideration; or

    (ii) Any taxidermist, cold-storage facility or locker plant which, for hire or other consideration; or

    (iii) Any hunting club which, in the normal course of operations, receives, possesses, or has in custody any migratory game birds belonging to another person for purposes of picking, cleaning, freezing, processing, storage, or shipment.

14. "Paraplegic" means an individual afflicted with paralysis of the lower half of the body with involvement of both legs usually due to disease of or injury to the spinal cord.
15. "Nontoxic shot" includes steel, bismuth/tin, tungsten/iron, tungsten/polymer, tungsten/matrix, tungsten/nickel/iron, tungsten/iron/nickel/tin, tungsten/bronze, tungsten/tin/bismuth, tungsten/iron/copper/nickel, tungsten/tin/iron, or other shot approved by the U.S. Fish and Wildlife Service.
16. Hunting Methods.  Migratory birds on which open seasons are prescribed in this section may be taken by any method except those prohibited in this section. No person shall take migratory game birds:
17. With a trap, snare, net, crossbow, rifle, pistol, swivel gun, shotgun larger than 10 gauge, punt gun, battery gun, machinegun, fish hook, poison, drug, explosive, or stupefying substance;
18. With a shotgun of any description capable of holding more than three shells, unless it is plugged with an on-piece filler, incapable of removal without disassembling the gun, so its total capacity does not exceed three shells;
19. From or by means, aid, or use of a sinkbox or any other type of low floating device, having a depression affording the hunter a means of concealment beneath the surface of the water;
20. From or by means, aid, or use of any motor vehicle, motor-driven land conveyance, or aircraft of any kind, except that paraplegics and persons missing one or both legs may take from any stationary motor vehicle or stationary motor-driven land conveyance;
21. From or by means of any motorboat or other craft having a motor attached, or any sailboat, unless the motor has been completely shut off and/or the sails furled, and its progress therefrom has ceased: Provided, That a craft under power may be used to retrieve dead or crippled birds; however, crippled birds may not be shot from such craft under power;
22. By the use or aid of live birds as decoys; although not limited to, it shall be a violation of this paragraph for any person to take migratory waterfowl on an area where tame or captive live ducks or geese are present unless such birds are and have been for a period of 10 consecutive days prior to such taking, confined within an enclosure which substantially reduces the audibility of their calls and totally conceals such birds from the sight of wild migratory waterfowl;
23. By the use or aid of recorded or electrically amplified bird calls or sounds, or recorded or electrically amplified imitations of bird calls or sounds;
24. By means or aid of any motor-driven land, water, or air conveyance, or any sailboat used for the purpose of or resulting in the concentrating, driving, rallying, or stirring up of any migratory bird; or
25. By the aid of baiting, or on or over any baited area. As used in this paragraph, "baiting" shall mean the placing, exposing, depositing, distributing, or scattering of shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed so as to constitute for such birds a lure, attraction or enticement to, on, or over any areas where hunters are attempting to take them; and "baited area" means any area where shelled, shucked, or unshucked corn, wheat or other grain, salt or other feed whatsoever capable of luring, attracting, or enticing such birds is directly and indirectly placed, exposed, deposited, distributed, or scattered; and such area shall remain a baited area for 10 days following complete removal of all such corn, wheat or other grain, salt, or other feed. However, nothing in this paragraph shall prohibit:

    (i) The taking of all migratory game birds, including waterfowl, on or over standing crops, flooded standing crops (including aquatics), flooded harvested croplands, grain crops properly shocked on the field where grown, or grains found scattered solely as the result of normal agricultural planting or harvesting; and

    (ii) The taking of all migratory game birds, except waterfowl, on or over any lands where shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed has been distributed or scattered as the result of bona fide agricultural operations or procedures, or as a result of manipulation of a crop or other feed on the land where grown for wildlife management purposes: Provided, that manipulation for wildlife management purposes does not include the distributing or scattering of grain or other feed once it has been removed from or stored on the field where grown.

26. Prohibition on Toxic Shot:

    (i) No person shall take waterfowl or coots while possessing loose shot or shot shells loaded with shot other than nontoxic shot, and then of a shot size no larger than size T.

    (ii) No person shall take an aggregate or combination of waterfowl/coots and other species while possessing loose shot or shot shell loaded with shot other than nontoxic shot.

27. Closed Seasons.  No person shall take migratory game birds during the closed season.
28. Shooting Hours.  No person shall take migratory game birds except during the hours open to shooting.
29. Daily Limit.  No person shall take in any one calendar day, more than the daily bag limit or aggregate daily bag limit, whichever applies.
30. Wanton Waste Of Migratory Game Birds.  No person shall kill or cripple any migratory game bird pursuant to this section without making a reasonable effort to retrieve the bird, and retain it in his or her actual custody, at the place where taken or between that place and either (1) his or her automobile or principal means of land transportation; or (2) his or her personal abode or temporary or transient place of lodging; or (3) a migratory bird preservation facility; or (4) a post office; or (5) a common carrier facility.
31. Possession Prohibitions.  No person shall at any time, by any means, or in any manner, possess or have in custody any migratory game bird or part thereof, taken in violation of any provision of subsections 4.0 through 8.0 of this section.
32. During Closed Season.  No person shall possess any freshly killed migratory game birds during the closed season.
33. Possession Limit.  No person shall possess more migratory game birds taken in this State than the possession limit or the aggregate possession limit, whichever applies.
34. Opening Day of a Season.  No person on the opening day of the season shall possess any freshly killed migratory game birds in excess of the daily bag limit.
35. Field Possession Limit.  No person shall possess, have in custody, or transport more than the daily bag limit of migratory game birds, tagged or not tagged, at or between the place where taken and either (1) his automobile or principal means of land transportation; or (2) his personal abode or temporary or transient place of lodging; or (3) a migratory bird preservation facility; or (4) a post office; or (5) a common carrier facility.
36. Tagging Requirement.  No person shall put or leave any migratory game birds at any place (other than at his or her personal abode), or in the custody of another person for picking, cleaning, processing, shipping, transportation, or storage (including temporary storage), or for the purpose of having taxidermy services performed, unless such birds have a tag attached, signed by the hunter, stating his or her address, the total number and species of birds, and the date such birds were killed. Migratory game birds being transported in any vehicle as the personal baggage of the possessor shall not be considered as being in storage or temporary storage.
37. Custody of Birds of Another.  No person shall receive or have in custody any migratory game birds belonging to another person unless such birds are tagged as required by subsection 14.0 of this section.
38. Possession of Live Birds.  Every migratory game bird wounded by hunting and reduced to possession by the hunter shall be immediately killed and become a part of the daily bag limit. No person shall at any time, or by any means, possess or transport live migratory game birds taken under authority of this section.
39. Termination of Possession.  Subject to all other requirements of this section, the possession of birds taken by any hunter shall be deemed to have ceased when such birds have been delivered by him or her to another person as a gift; or have been delivered by him or her to a post office, a common carrier, or a migratory bird preservation facility and consigned for transport by the U.S. Postal Service or a common carrier to some person other than the hunter.
40. Gift of Migratory Game Birds.  No person may receive, possess, or give to another, any freshly killed migratory game birds as a gift, except at the personal abodes of the donor or donee, unless such birds have a tag attached, signed by the hunter who took the birds, stating such hunter's address, the total number and species of birds, and the date such birds were taken.
41. Transportation Prohibitions.  No person shall at any time, by any means, or in any manner, transport any migratory game bird or part thereof, taken in violation of any provision of subsections 4.0 through 8.0 of this section.
42. Birds of Another.  No person shall transport migratory game birds belonging to another person unless such birds are tagged as required by subsection (14.0) of this section.
43. Species Identification Requirement.  No person shall transport within the United States any migratory game birds, except doves and band-tailed pigeons (Columba fasciata), unless the head or one fully feathered wing remains attached to each such bird at all times while being transported from the place where taken until they have arrived at the personal abode of the possessor or a migratory bird preservation facility.
44. Marking Package or Container.  No person shall transport by the U.S. Postal Service or a common carrier migratory game birds unless the package or container in which such birds are transported has the name and address of the shipper and the consignee and an accurate statement of the numbers of each species of birds therein contained clearly and conspicuously marked on the outside thereof.

1. Exportation Prohibitions.  No person shall at any time, by any means, or in any manner, export or cause to be exported, any migratory game bird or part thereof, taken in violation of any provision of subsections 4.0 through 8.0 of this section.
2. Species Identification Requirement.  No person shall export migratory game birds unless one fully feathered wing remains attached to each such bird while being transported from the United States and/or any of its possessions to any foreign country.
3. Marking Package or Container.  No person shall export migratory game birds via the U.S. Postal Service or a common carrier unless the package or container has the name and address of the shipper and the consignee and an accurate statement of the numbers of each species of birds therein contained clearly and conspicuously marked on the outside thereof.
4. Importation Limits.  No person shall import migratory game birds in excess of the following importation limits:
5. Doves and Pigeons.

   (i) From any foreign country except Mexico, during any one calendar week beginning on Sunday, not to exceed 25 doves, singly or in the aggregate of all species, and 10 pigeons, singly or in the aggregate of all species.

   (ii) From Mexico, not to exceed the maximum number permitted by Mexican authorities to be taken in any one day: Provided, that if the importer has his or her Mexican hunting permit date-stamped by appropriate Mexican wildlife authorities on the first day he or she hunts in Mexico, he or she may import the applicable Mexican possession limit corresponding to the days actually hunted during that particular trip.

6. Waterfowl.

   (i) From any foreign country except Canada and Mexico, during any one calendar week beginning on Sunday, not to exceed 10 ducks, singly or in the aggregate of all species, and five geese including brant, singly or in the aggregate of all species.

   (ii) From Canada, not to exceed the maximum number permitted to be exported by Canadian authorities.

   (iii) From Mexico, not to exceed the maximum number permitted by Mexican authorities to be taken in any one day: Provided, that if the importer has his or her Mexican hunting permit date-stamped by appropriate Mexican wildlife authorities on the first day he or she hunts in Mexico, he or she may import the applicable Mexican possession limit corresponding to the days actually hunted during that particular trip.

7. Birds of Another.  No person shall import migratory game birds to another person.
8. Species Identification Requirement.  No person shall import migratory game birds unless each such bird has one fully feathered wing attached, and such wing must remain attached while being transported between the port of entry and the personal abode of the possessor or between the port of entry and a migratory bird preservation facility.
9. Foreign Export Permits.  No person shall import, possess or transport, any migratory game birds killed in a foreign country unless such birds are accompanied by export permits, tags, or other documentation required by applicable foreign laws or regulations.
10. Processing Requirement.  No person shall import migratory game birds killed in any foreign country, except Canada, unless such birds are dressed (except as required in subsection 28.0), drawn, and the head and feet are removed: Provided, That this shall not prohibit the importation of legally taken, fully feathered migratory game birds consigned for mounting purposes to a taxidermist who holds a current taxidermist permit and who is also licensed by the U.S. Department of Agriculture to decontaminate such birds.
11. Marking of Package or Container.  No person shall import migratory game birds via the U.S. Postal Service or a common carrier unless the package or container has the name and address of the shipper and the consignee and an accurate statement of the numbers of each species of birds therein contained clearly and conspicuously marked on the outside thereof.
12. Violation of Federal Law.  No person shall at any time, by any means or in any manner, take, possess, transport, or export any migratory bird, or any part, nest, or egg of any such bird, in violation of any act of Congress or any regulation issued pursuant thereto.
13. Violation of State Law.  No person shall at any time, by any means or in any manner, take, possess, transport, or export any migratory bird, or any part, nest, or egg of any such bird, in violation of any applicable law or regulation of any state.
14. Violation of Foreign Law.  No person shall at any time, by any means, or in any manner, import, possess, or transport, any migratory bird, or any part, nest, or egg of any such bird taken, bought, sold, transported, possessed, or exported contrary to any applicable law or regulation of any foreign country, or state or province thereof.
15. Tagging Requirement.  No migratory bird preservation facility shall receive or have in custody any migratory game birds unless such birds are tagged as required by subsection 14.0 of this section.
16. Records Required.
17. No migratory bird preservation facility shall:
18. Record keeping as required by this section will not be necessary at hunting clubs which do not fully process migratory birds by removal of both the head and wings.
19. Inspection of Premises.  No migratory bird preservation facility shall prevent any person authorized to enforce this section from entering such facilities at all reasonable hours and inspecting the records and the premises where such operations are being carried.
20. Commercial Use of Feathers.  Any person may possess, purchase, sell, barter, or transport for the making of fishing flies, bed pillows, and mattresses, and for similar commercial uses the feathers of migratory waterfowl (ducks, geese, brant, and swans) killed by hunting pursuant to this section, or seized and condemned by federal or state game authorities, except that:
21. No person shall purchase, sell, barter, or offer to purchase, sell, or barter for millinery or ornamental use the feathers of migratory game birds taken under authority of this section; and
22. No person shall purchase, sell, barter, or offer to purchase, sell, or barter mounted specimens of migratory game birds taken under authority of this section.
23. Personal Use of Feathers or Skins.  Any person for his or her own use may possess, transport, ship, import, and export without a permit the feathers and skins of lawfully taken migratory game birds.

    Added 1983, Fish and Game Board Reg. No. 940, eff. ____________; amended 2010, Fish and Wildlife Board Reg. eff. May 18, 2010.

1. Receive or have in custody any migratory game bird unless accurate records are maintained which can identify each bird received by, or in the custody of, the facility by the name of the person from whom the bird was obtained, and show (i) the number of each species; (ii) the location where taken; (iii) the date such birds were received; (iv) the name and address of the person from whom such birds were received; (v) the date such birds were disposed of; and (vi) the name and address of the person to whom such birds were delivered, or
2. Destroy any records required to be maintained under this section for a period of one year following the last entry on the record.

Cross References

Cross references. Migratory waterfowl hunting stamps, see § 4277 of this title.

Point assessment for violations of section, see § 4502 of this title.

§ 23a. Spring Snow Goose Conservation Order.

1. Authority.
2. This rule is adopted pursuant to 10 V.S.A. § 4081(a) .  In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and furbearing animals in this State is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance.
3. The Board's authority to permit the taking of migratory game birds is found at 10 V.S.A. § 4082(b) and at 50 CFR, Parts 20 and 21.
4. Purpose.  The purpose of this regulation is to establish a Spring Conservation Order for harvesting of snow and Ross' geese. The United Fish and Wildlife Service has issued a Conservation Order with the intent to decrease the population of light geese due to an overabundance of these species. Specifically, "[v]arious populations of light geese (greater and lesser snow geese and Ross's geese) have undergone rapid growth during the past 30 years, and have become seriously injurious to their habitat, habitat important to other migratory birds, and agricultural interests. The U.S. Fish and Wildlife Service believes that several of these populations have exceeded the long term carrying capacity of their breeding and/or migration habitats and must be reduced." The USFWS has set "forth regulations that authorize measures to increase harvest of certain populations of light geese." This rule implements this directive.
5. Definitions.
6. "Daily bag limit" means the maximum number of geese permitted to be taken by one person in any one day during the open season in any one specified geographic area for which a daily bag limit is prescribed.
7. "Possession limit" means the number of geese permitted to be possessed by any one person when lawfully taken in the State for which a possession limit is prescribed.
8. "Commissioner" means the Commissioner of the Vermont Fish and Wildlife Department.
9. "Conservation order" means a special management action that is needed to control certain wildlife populations when traditional management programs are unsuccessful in preventing overabundance of the population.
10. "Department" means the Vermont Fish and Wildlife Department.
11. "Light goose" refers collectively to greater and lesser snow geese and Ross's geese.
12. "Legal means" means the taking by the means described in Section 8.0 of this rule.
13. "Permit" means a document issued by the Department authorizing the taking of snow geese.
14. Species Subject to the Conservation Order.  Greater snow (Chen caerulescens atlantica), lesser snow ( C. c. caerulescens), and Ross's (C. rossii ) geese that breed, migrate, and winter in North America.
15. Open Season.
16. Season Dates: March 11 - Friday before Youth Turkey Hunting Weekend, annually.
17. Bag Limits and Possession Limits.
18. Daily Bag Limit: 15 geese
19. Possession Limit: No limit
20. License and Stamp Requirements.
21. Any person harvesting geese under this rule shall:
    1. Possess and carry a valid Vermont State hunting license;
    2. Possess and carry a valid Vermont Migratory Waterfowl Stamp;
    3. Possess and carry a valid Federal Migratory Bird Hunting Stamp;
    4. Possess and carry a valid Vermont Snow Goose Conservation Order Permit; and
    5. Possess and carry proof of Harvest Information Program (HIP) Registration.
22. Hunting Methods.
23. Light geese on which open seasons are prescribed in this section may be taken by any method except those prohibited in this section. No person shall take migratory game birds:
    1. With a trap, snare, net, crossbow, rifle, pistol, swivel gun, shotgun larger than 10 gauge, punt gun, battery gun, machinegun, fish hook, poison, drug, explosive, or stupefying substance;
    2. From or by means, aid, or use of a sinkbox or any other type of low floating device, having a depression affording the hunter a means of concealment beneath the surface of the water;
    3. From or by means, aid, or use of any motor vehicle, motor-driven land conveyance, or aircraft of any kind, except that paraplegics and persons missing one or both legs may take from any stationary motor vehicle or stationary motor-driven land conveyance;
    4. From or by means of any motorboat or other craft having a motor attached, or any sailboat, unless the motor has been completely shut off and/or the sails furled, and its progress therefrom has ceased: Provided, that a craft under power may be used to retrieve dead or crippled birds; however, crippled birds may not be shot from such craft under power;
    5. By the use or aid of live birds as decoys; although not limited to, it shall be a violation of this paragraph for any person to take migratory waterfowl on an area where tame or captive live ducks or geese are present unless such birds are and have been for a period of 10 consecutive days prior to such taking, confined within an enclosure which substantially reduces the audibility of their calls and totally conceals such birds from the sight of wild migratory waterfowl;
    6. By means or aid of any motor-driven land, water, or air conveyance, or any sailboat used for the purpose of or resulting in the concentrating, driving, rallying, or stirring up of any migratory bird; or
    7. By the aid of baiting, or on or over any baited area. As used in this subsection, "baiting" shall mean the placing, exposing, depositing, distributing, or scattering of shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed so as to constitute for such birds a lure, attraction or enticement to, on, or over any areas where hunters are attempting to take them; and "baited area" means any area where shelled, shucked, or unshucked corn, wheat or other grain, salt or other feed whatsoever capable of luring, attracting, or enticing such birds is directly and indirectly placed, exposed, deposited, distributed, or scattered; and such area shall remain a baited area for 10 days following complete removal of all such corn, wheat or other grain, salt, or other feed. However, nothing in this subsection shall prohibit:

       (i) The taking of all migratory game birds, including waterfowl, on or over standing crops, flooded standing crops (including aquatics), flooded harvested croplands, grain crops properly shocked on the field where grown, or grains found scattered solely as the result of normal agricultural planting or harvesting; and

       (ii) The taking of all migratory game birds, except waterfowl, on or over any lands where shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed has been distributed or scattered as the result of bona fide agricultural operations or procedures, or as a result of manipulation of a crop or other feed on the land where grown for wildlife management purposes: Provided, that manipulation for wildlife management purposes does not include the distributing or scattering of grain or other feed once it has been removed from or stored on the field where grow

24. Nontoxic Shot.
    1. No person shall take light geese while possessing loose shot or shot shells loaded with shot other than nontoxic shot.
    2. Approved nontoxic shots include: steel, bismuth/tin, tungsten/iron, tungsten/polymer, tungsten/matrix, tungsten/nickel/iron, tungsten/iron/nickel/tin, tungsten/bronze, tungsten/tin/bismuth, tungsten/iron/copper/nickel, tungsten/tin/iron, or other shot approved by the U.S. Fish and Wildlife Service.
25. Allowed Special Measures.  Notwithstanding the provisions of section 23 of this title, the following special measures may be used when harvesting light geese under this rule:
    1. Unplugged shotguns (that can accommodate more than three shells);
    2. Electronic calls.
26. Shooting Hours.  Notwithstanding the provisions of section 23 of this title, the legal shooting hours under this rule are:  one-half hour before legal sunrise to one-half hour after legal sunset.
27. Wanton waste of migratory game birds.  No person shall kill or cripple any migratory game bird pursuant to this rule without making a reasonable effort to retrieve the bird, and retain it in his or her actual custody, at the place where taken or between that place and either (1) his or her automobile or principal means of land transportation; or (2) his or her personal abode or temporary or transient place of lodging; or (3) a migratory bird preservation facility; or (4) a post office; or (5) a common carrier facility.
28. Other Applicable Laws.
29. All other federal and state laws and regulation relevant to the harvesting of light geese, including: importation, possession, custody, tagging, sale of parts and eggs apply unless otherwise stated herein.
30. No person shall at any time, by any means or in any manner, take, possess, transport, or export any migratory bird, or any part, nest, or egg of any such bird, in violation of any act of Congress or any regulation issued pursuant thereto.
31. No person shall at any time, by any means or in any manner, take, possess, transport, or export any migratory bird, or any part, nest, or egg of any such bird, in violation of any applicable law or regulation of any state.
32. Suspension.  If the Director of the U.S. Fish and Wildlife Service suspends the Conservation Order, this Rule is automatically suspended.

    Added 2010, Fish and Wildlife Board Reg. eff. July 9, 2010.

Cross References

Cross references. Migratory waterfowl hunting stamps, see § 4277 of this title.

Point assessment for violations of section, see § 4502 of this title.

§ 23b. Waterfowl Boundary Rule.

1. Authority.
2. This rule is adopted pursuant to 10 V.S.A. § 4081 .  In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and furbearing animals in this State is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance.
3. 10 V.S.A. § 4082(a) states: "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 rules shall be designed to maintain the best health, population and utilization levels of the regulated species . . ."
4. The Board's authority to permit the taking of migratory game birds is a found at 10 V.S.A. § 4082(b) and at 50 CFR, Parts 20 and 21.
5. Purpose.  The purpose of this rule is to establish zones for the taking of waterfowl during the prescribed waterfowl season(s).
6. Zone Descriptions.
7. Lake Champlain Zone:  The U.S. portion of Lake Champlain and that area north and west of the line extending from the New York border along U.S. 4 to VT 22A at Fair Haven; VT 22A to U.S. 7 at Vergennes; U.S. 7 to VT 78 at Swanton; VT 78 to VT 36; VT 36 to Maquam Bay on Lake Champlain; along and around the shoreline of Maquam Bay and Hog Island to VT 78 at the West Swanton Bridge; VT 78 to VT 2 in Alburg; VT 2 to the Richelieu River in Alburg; along the east shore of the Richelieu River to the Canadian border.
8. Interior Zone: That portion of Vermont east of the Lake Champlain Zone and west of a line extending from the Massachusetts border at Interstate 91; north along Interstate 91 to US 2; east along US 2 to VT 102; north along VT 102 to VT 253; north along VT 253 to the Canadian border.
9. Connecticut River Zone: The remaining portion of Vermont east of the Interior Zone.  The waterfowl season regulations for the Connecticut River Zone will be the same as the New Hampshire Inland Zone and will be set annually by the New Hampshire Fish and Game Department.

   CLICK TO VIEW IMAGE

   Figure 1. Proposed change in Vermont Waterfowl Zone Boundary. New boundary outlined in red

   Added 2011, Fish and Wildlife Board Reg. eff. July 3, 2011.

§ 24. Repealed.

§ 25. Nongame wildlife species.

1. A plan for the management of nongame wildlife species in Vermont includes all members of the animal kingdom: mammals, birds, reptiles, amphibians, fish, mollusks, crustaceans, insects, and other invertebrates; and is limited to native species not commonly taken for sport or profit, nor classified as domesticated.
2. Projects determined in accordance with the plan will be coordinated by the Nongame and Natural Heritage Program and performed by program staff with assistance from other Fish and Wildlife Department staff and cooperating organizations and individuals. Projects may also be performed on a contractual basis with qualified individuals and/or institutions.
3. The plan comprises four primary objectives: (1) inventories and status determination of species and natural communities, (2) species, habitat, and natural community management, (3) planning assistance and environmental review, and (4) outreach and education. Determination of project priorities will include consideration of species status and degree of threat, population and habitat trends, level of knowledge, public interest and support, availability of funding, arenas underserved by other institutions, and ability to make a difference.
4. Financial resources for project expenditures will be derived from donations to the Vermont Nongame Wildlife Fund, proceeds from sale of vehicle conservation license plates, federal funding sources, the business community, grants, and other sources authorized by the Commissioner of Fish and Wildlife.
   1. Inventories and Status Determination of Species and Natural Communities:  Inventories of Vermont's wildlife and natural communities will be conducted to increase our understanding about Vermont's wildlife, their rarity, threats to their continued survival, and to help identify other conservation needs. Status will be determined for species and natural communities as practicable and the expertise of others will be solicited when needed.
   2. 1. Species, Habitat, and Natural Community Management:  Monitoring and management of populations will proceed if needed based on status determination and level of knowledge. Measures to reduce threats or enhance numbers in populations experiencing decline will be taken. In situations where a common species is negatively impacting other wildlife or humans, population control or management may be attempted. Species may be reintroduced when appropriate. Legal protection of nongame species will be enforced by law enforcement personnel. Collection of nongame wildlife for scientific research, education purposes, or for the purpose of using them as the subjects of art or photography shall be authorized by issuance of a Scientific Collection Permit. Other collections or take of nongame wildlife shall be authorized by Commissioner letter in addition to a valid Vermont Hunting License or Small Game License. (2) (A) Species, Habitat, and Natural Community Management:  Monitoring and management of populations will proceed if needed based on status determination and level of knowledge. Measures to reduce threats or enhance numbers in populations experiencing decline will be taken. In situations where a common species is negatively impacting other wildlife or humans, population control or management may be attempted. Species may be reintroduced when appropriate. Legal protection of nongame species will be enforced by law enforcement personnel. Collection of nongame wildlife for scientific research, education purposes, or for the purpose of using them as the subjects of art or photography shall be authorized by issuance of a Scientific Collection Permit. Other collections or take of nongame wildlife shall be authorized by Commissioner letter in addition to a valid Vermont Hunting License or Small Game License.
      2. Land in state ownership will be managed using appropriate wildlife and natural community management techniques. Site-specific management on state lands and on other lands when landowner permission is granted may include placement of predator shields, artificial nesting platforms, and informational signs; controlled burning; vegetation management; and water level stabilization. Wildlife and natural community management will be encouraged through publications and other outreach efforts.
   3. Planning Assistance and Environmental Review:  Certain critical land and aquatic systems will be protected statewide. Protection will be afforded through Act 250 criteria and other legislation, land acquisition, purchase of development rights, conservation agreements, and the assistance of interested landowners. Aquatic systems will be protected through current laws and legislation, and acquisition of riparian lands. Conservation and other planning will be assisted through appropriate information sharing using the Biological Conservation Database (BCD). Caution shall be exercised so that revealing site-specific information does not result in threats to rare species and necessary habitat or compromise landowner privacy interests.
   4. Outreach and Education:  To foster increased respect and appreciation of our natural heritage, education and outreach efforts will be directed toward achieving a better understanding of Vermont's nongame wildlife, their habitats, and natural communities. An Outreach and Education Specialist position will be integrated into the Nongame and Natural Heritage Program and help develop an education and outreach strategy. Activities to enhance nongame wildlife education will complement other Department and Agency efforts, and those of other conservation education groups. Networking with other organizations and teachers will be emphasized in order to maximize information exchange. Products and activities may include, but are not limited to, fact sheets, booklets, slide shows, videos, workshops, exhibits, and school programs. Opportunities for nongame wildlife education will be created when appropriate on public land. These may include, but are not limited to observation areas and walking trails.

      Added 1997, Fish and Wildlife Board Reg. No. 1020, eff. Aug. 1, 1997.

§ 31. Seasons, bag limits.

The game animals specified in column one may be taken only during the period specified in column two not in excess of the numbers specified in column three and may be possessed only to the numbers specified as possession limit, except as provided in section 32 of this title.

Column One Column Two Column Three ANIMAL SEASON BAG LIMIT (a) Gray Squirrel September 1st to December 31st both dates inclusive 4 bag limit, 8 possession limit (b) Rabbit Last Saturday in September to second Sunday in March, inclusive WMUs D and E to remain open through March 31 3 bag limit, 6 possession limit (c) [Repealed] (d) Caribou No open season Zero (e) Elk No open season Zero (f) Moose No open season except as established by Regulation of the Board

Added 1961 No. 119, § 2, eff. May 9, 1961; amended 1963, Fish and Game Board Reg. No. - , eff. Aug. 23, 1963; 1965, Fish and Game Board Reg. No. - , eff. Sept. 13, 1965; 1966, Fish and Game Board Reg. No. - , eff. Jan. 1, 1967; 1968, Fish and Game Board Reg. No. - , eff. Jan. 6, 1968; 1974, Fish and Game Board Reg. No. 878, eff. Sept. 8, 1974; 1976, Fish and Game Board Reg. No. - , eff. Sept. 15, 1976; 1976, Fish and Game Board Reg. No. 893, eff. Jan. 1, 1977; 1980, Fish and Game Board Reg. No. 916, eff. July 2, 1980; 1980, Fish and Game Board Reg. No. 919, eff. Aug. 16, 1980; 1989, Fish and Wildlife Board Reg. No. 978, eff. May 12, 1989; 1990, Fish and Wildlife Board Reg. No. 919, eff. Aug. 24, 1990; 1993, Fish and Wildlife Board Reg. No. 999, eff. June 12, 1993; 2011, Fish and Wildlife Board Reg. No. 999, eff. January 1, 2013.

§ 32. Trapping, hare and rabbits.

1. The Commissioner may issue a permit to no more than 5 members of any beagle club or to a private owner of an enclosed area not less than 20 acres in size, maintained for the training of beagles, to take live snowshoe hare and cottontail rabbits by the method described in subsection (b) of this section.
2. Snowshoe hare and cottontail rabbits taken under a permit must be captured or trapped by means of a box or cage trap which will not wound the animal. Box or cage traps used for this purpose must be identified with an attached tag made of rustless material, with the permit holder's name and address permanently and legibly stamped or engraved thereon. Prior to setting any trap, the permit holder must obtain written permission from the owner of the property where the trap is to be set. Said written permission, must accompany the application to the Commissioner for the trapping permit. The owner of the property may, at any time, revoke the permission. Any person who traps snowshoe hare or cottontail rabbits by the permit shall visit his traps at least once in every twenty-four hours. The snowshoe hare and cottontail rabbits taken by such trap may be transported to the permit holder's training area any time during the permit period and must be released within twenty-four hours of taking. The permit must be carried on the permit holder's person during transportation.
3. Snowshoe hare and cottontail rabbits taken by this permit are to be used solely for stocking of fenced beagle training areas. Any unauthorized use shall result in revocation of the permit by the Commissioner and shall be considered a violation of this regulation.
4. The permit shall specify the time of year and number of snowshoe hare and/or cottontail rabbits to be taken.

   Added 1980, Fish and Game Board Reg. No. 916, eff. July 2, 1980.

§ 33. Moose Management Rule.

1. Authority.
2. This rule is adopted pursuant to 10 V.S.A. § 4081(a) .  In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and furbearing animals in this State is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance.
3. In accordance with 10 V.S.A. § 4082 , this rule is designed to maintain the best health, population and utilization levels of the moose herd.
4. In accordance with 10 V.S.A. § 4082 , the Vermont Fish and Wildlife Board may: establish open seasons; daily, season and possession limits for game; territorial limits; prescribe the manner and means of taking moose; establish territorial limits for the taking of moose; and establish restrictions on taking based upon sex, maturity and other physical distinctions.
5. In accordance with 10 V.S.A. § 4254(i)(1) , this rule establishes a process to auction five (5) moose permits to be awarded to the highest bidders.
6. In accordance with 10 V.S.A. § 4254(i)(2) , this rule establishes a separate drawing for eligible Vermont veterans through a special priority drawing through the permit lottery system.
7. Purpose.

   The purpose of this regulation is to establish two annual moose seasons, to establish the procedures to be used in applying for and issuing moose permits, and to establish the administrative framework for regulating the taking of moose.

8. Definitions.
9. "Antlered moose" means a moose which has at least one antler 6 inches or more in length measured from the tip of the main beam along the distal edge of the antler to the base of the antler burr at the skull.
10. "Antlerless" means those moose without antlers or antlers less than six inches in length.
11. "Applicant" means a person who has submitted a completed legal application to the lottery.
12. "Application" means the form provided by the Department that allows a person to be entered into the lottery.
13. "Board" means the Vermont Fish and Wildlife Board.
14. [Repealed.]
15. "Commissioner" means the Commissioner of the Vermont Fish and Wildlife Department.
16. "Crossbow" means a device consisting of a bow mounted to a rigid stock for discharging bolts or arrows and having a mechanical means to hold and release the drawn string, which must be fired from the shoulder. A bolt means a short projectile for a crossbow that resembles an arrow and has a head that measures no less than 7/8 inch at its widest point.  A crossbow shall have a minimum pull of 125 pounds, a working mechanical safety and a stock no less than 23 inches in length.
17. "Department" means the Vermont Fish and Wildlife Department.
18. "Either sex" means a moose of any sex.
19. "Guide" means a person authorized to accompany, direct, aid, assist, and/or instruct a Permittee during a moose hunt.
20. "Guide Permit" means a document, provided by the Department to the Permittee, to allow for a guide to assist in a moose hunt.
21. "Legal means" means the taking of a moose by muzzleloader, rifle, handgun, shotgun, a crossbow, or bow and arrow in conformance with this rule.
22. "Permit" means a document issued by the Department authorizing the taking of a moose.
23. "Permittee" means a person who has successfully acquired a legal permit through the lottery or auction as described in this rule.
24. "Subpermittee" means an individual designated by a Permittee, whose name has been provided to the Department in conformance with this rule, who may be permitted to take a moose.
25. "Wildlife Management Unit" (WMU) means one of twenty-five geographical areas in Vermont established for managing wildlife through regulation.
26. Moose Seasons.

    There shall be two moose seasons annually.

27. Archery.  The first moose season shall be by archery only:
    1. This season shall be open for seven consecutive days, beginning the first day of October.
    2. To take an animal during this season a person must possess a valid archery moose permit as prescribed in Section 9 of this rule.
28. Regular.  The second moose season shall be for any legal means of take. This season shall be open for six consecutive days beginning the third Saturday in October.
29. Possession Limit.
30. The bag limit for moose shall be one moose per moose hunting permit.
31. The possession limit for moose shall be one moose per moose hunting permit.
32. Permit Application Process.
33. Applications must be made on an official moose hunting application form provided by the Department.
34. Only applications received by the Department's central office during the official application period will be considered. Applications must be received prior to the deadline established by the Department.
35. The Department will consider only complete applications.  For an application to be complete it must be legible, must contain all the information requested by the Department, must bear the applicant's original signature, or, in the case of electronic or facsimile applications, attestation under the pains and penalties of perjury. To be considered complete the form must be accompanied by any required application fee, or means of payment, such as a valid credit card payment.
36. The Department will consider no more than one complete application from any applicant per year for each of the two separate lotteries held.  A lottery will be held for both the regular and archery seasons. Only one permit may be issued per person per calendar year.
37. Ten (10) percent of the moose hunting permits may be issued to non-resident hunters.
38. No person who has held a valid Vermont moose hunting permit in any of the previous five (5) years may apply for a moose hunting permit or a bonus point in the current calendar year. The application of the five (5) year waiting period shall only be effective for persons who hold a moose hunting permit after January 1, 2016.
39. [Repealed.]
40. Permit Selection Process.
41. All those who have submitted completed applications and who wish to be entered into the lottery will be entered into the lottery. The Department will hold, or cause to be held, a transparent, random drawing to include all persons who have submitted a complete application.
42. Selected regular season applicants will receive a permit for their WMU of preference until the permit quota for their preferred WMU is filled at which time a permit will be awarded for their second choice WMU, and so on.
43. Selected regular season applicants will be notified by mail, and will receive a permit form to complete. Successful applicants have 15 calendar days to return the completed forms with the appropriate fee, and their Subpermittee's name, if any.
44. Selected archery season applicants will be notified by mail, and will receive a permit form to complete. Successful applicants have 15 calendar days to return the completed forms with the appropriate fee and indicate the name of their Subpermittee, if any.
45. Moose Hunting Permits.
46. An applicant who is chosen by lottery, or is the successful auction bidder may purchase a moose hunting permit from the Department.
47. At the time of issuance, moose season permit recipients and designated Subpermittees must hold a valid Vermont big game hunting license.
48. At the time of issuance, archery season permit recipients and designated Subpermittees must show proof of having held an archery deer license and/or a certificate of satisfactory completion of a bowhunter education course from Vermont or another state or province of Canada which is approved by the Commissioner. Archery season permit recipients and designated Subpermittees must hold a valid Vermont big game hunting license.
49. Moose hunting permits are valid only within the WMU or WMUs designated on the permit, for the specified season, and for the type (either sex, antlered, or antlerless) specified on the permit.
50. Deferments.
51. The Commissioner may grant a one time, one-year deferment to successful  applicants for reasons of personal or family illness, temporary disability, or military deployment.
52. Requests for deferment shall be made on the Department-issued form to the Commissioner and received no later than three days prior to the start of the moose season for which a permit has been issued. Requests shall contain information required by the Commissioner to substantiate the request.
53. Deferred permits shall be issued for the same WMU and permit type (either sex, antlered, antlerless, archery or regular) as the originally issued permit.
54. Subpermittees.
55. A person holding a valid moose hunting permit may designate one (1) Subpermittee who shall be permitted to hunt moose pursuant to the permit.
56. The Subpermittee must always be accompanied by the permit holder.  For these purposes, "accompanied," means being able to communicate without the aid of artificial devices except medically-prescribed eyeglasses or hearing aids.
57. Once the applicant has provided the name of their selected Subpermittee to the Department, no change to this selection will be allowed except for personal or family illness, temporary physical disability, or military deployment.
58. Any request for change of Subpermittee must be made in writing to the Commissioner and received no later than three (3) days prior to the start of the moose season for which a permit has been issued.
59. Subpermittee Ineligibility.
    1. No person who has held a Vermont moose hunting permit in any of the previous five (5) years may be designated as a Subpermittee in the current calendar year.
    2. No person who holds a valid moose hunting permit in one year may be designated as a Subpermittee in the same year.
    3. No person may be named as a Subpermittee on more than one permit during the same year.
60. Guides and Guide Permits.
61. The Guide shall be allowed to direct, aid, assist and instruct the Permittee and Subpermittee during the hunt.
62. A Guide may not carry any other firearm, muzzleloader, or archery equipment.
63. Each Permittee shall be issued a Guide Permit by the Department. The Guide Permit must be carried by the guide at all times while accompanying the Permittee while hunting moose.
64. A person serving as a Guide must hold a current valid Vermont big game hunting license.
65. A Guide Permit may be carried by different persons at any time during the moose hunt, but only one person at a time may serve as a Guide for each moose hunting party.
66. A person may simultaneously serve as a Guide for more than one moose Permittee but must be carrying the proper Guide Permit for each guided party.
67. Control Measures.
68. In addition to all relevant laws and regulations pertaining to the hunting and taking of big game in Vermont, the following additional restrictions apply:
    1. No persons other than the Permittee, Subpermittee and Guide shall participate in a hunt to take moose.
    2. Portable radio transceivers, GPS, and/or cell phones shall not be used to communicate during the hunting or taking of moose. Such devices may be used, however, after the moose is legally tagged.
    3. No electronic devices such as radio telemetry equipment shall be used to take moose.
    4. No electronic devices may be used to attract moose.
    5. No person shall shoot or attempt to shoot a moose when the moose is within 100 yards of any town, state, or federal highway as defined in 10 V.S.A. §  4705(f).
    6. Pursuant to 10 V.S.A. App. § 12, notwithstanding 10 V.S.A. App. § 12, Section 1(g), a person may employ the licensed handler of an authorized leashed tracking dog to track a moose wounded while lawfully hunting under this rule.
    7. Unless it is uncocked, a person shall not possess or transport a crossbow in or on a motor vehicle, motorboat, airplane, snowmobile, or other motor-propelled vehicle except as permitted in accordance with 10 V.S.A. § 4705 .
69. Regular Season:  Moose may be taken only with the following implements and restrictions:
    1. Centerfire rifles or handguns not less than .25 caliber.
    2. A muzzleloading firearm of not less than .45 caliber, with a minimum barrel length of 20 inches and designed to be fired from the shoulder, or a muzzleloading handgun of not less than .45 caliber and with a minimum barrel length of 10 inches.
    3. Bows of not less than  50 pound draw weight, based on the archer's normal draw length for traditional bows, and using arrowheads with a minimum of 7/8 of an inch in width with two or more cutting edges. A person taking moose may use a crossbow as a means of take during any season that permits the use of a bow and arrow-only; and the crossbow is used in accordance with this subsection.
    4. Shotguns not less than 20 gauge and utilizing slugs only.
70. Archery Season:  Moose may be taken only with the following implements and restrictions:
    1. Bows of not less than 50 pound draw weight, based on the archer's normal draw length for traditional bows, and using arrowheads with a minimum of 7/8 of an inch in width with no fewer than two or more cutting edges.
    2. Crossbow bolts shall have arrowheads with a minimum of 7/8 of an inch in width with two or more cutting edges.
    3. No person taking moose may possess a firearm or muzzleloader while hunting moose during the archery season, except for a handgun in accordance with 10 V.S.A. § 4252(b) . No person taking moose may do so by means of firearms or muzzleloader in the archery season.
71. Tagging and Reporting.
72. The transporting of moose shall be in accordance with current regulations and statutes pertaining to big game.
73. Once a moose is legally tagged, pursuant to 10 V.S.A. Appendix § 2a., there is no limit to the number of persons that can assist with the field dressing and removal of the moose from the kill site.
74. Moose taken under this rule must be reported, pursuant to 10 V.S.A. Appendix § 2, by exhibiting the eviscerated carcass, or parts thereof, to a Department official at a Department-authorized moose check station during its scheduled days and hours of operation within 48 hours of tagging.
75. The moose head hide, lower legs, and boned-out ribcage and/or bones need not be reported, however, both complete central incisors must be presented.
76. The permittee shall bring the following to the biological check station:
    1. The lower jaw, including incisors, one of which shall be taken for aging purposes;
    2. The intact antler rack on an antlered moose;
    3. The portion of the skull on a male antlerless moose where antlers would be attached;
    4. The female reproductive tract including both of the ovaries;
    5. The udder; and
    6. All edible portions of the moose not including organs.
77. No moose shall be transported out of the State without first being reported as required herein.
78. The Permittee and/or Subpermittee must identify the exact kill site on a Department map, and if requested, shall be required to take Department personnel to the kill site and/or the site of carcass evisceration for purposes such as, but not limited to, verification of the cause of death and site of kill, or to obtain ovaries or other biological samples left behind.
79. Permit Allocation.
80. The number of either-sex and/or antlerless permits or bull only permits to hunt and take moose during both the regular and archery seasons will be set by the Board.
81. Special Priority for Eligible Vermont Veterans.
82. Pursuant to 10 V.S.A. § 4254 , eligible for Vermont veterans will receive special priority drawing in the regular moose season lottery drawing.
83. A total of five (5) regular season permits will be allocated for this special priority drawing. These five permits will be included in the total permits authorized by separate Board Rule.
84. Vermont residents who qualify for the special priority drawing must submit a complete application approved by the Department.  A person applying for the special priority drawing permits must have marked the appropriate box on the application indicating that they comply with the provisions of this section.
85. Vermont residents who qualify for the special priority drawing and who are not drawn for a moose permit in that special priority drawing shall be entered into the subsequent regular drawing.
86. Vermont residents who qualify for the special priority drawing and who do not receive a moose permit shall be awarded preference points for the subsequent special priority drawing.
87. Moose Permit Auction.
88. Pursuant to 10 V.S.A. § 4254(i) , five moose permits shall be set aside to be issued by auction.  These permits are in addition to the permits authorized by separate Board rule.
89. Complete bids must be received by the Department's central office prior to the deadline established by the Department.
90. Permits will be awarded to individuals that submit the five (5) highest bids.  Individuals submitting the next five (5) highest bids will be eligible, in order of declining bid value, to receive a permit if higher-ranked bidders do not submit payment within 15 calendar days following notification.
91. An individual may submit more than one bid; however he/she may only receive one moose permit.  If an individual submits multiple bids, only the highest value bid will be included in the auction as an official bid.
92. Once notified of winning a moose permit, successful bidders have 15 calendar days to submit their bid payment, and to indicate: the season they will hunt in, the Wildlife Management Unit they will hunt in; and their Subpermittee, if any.
93. If an individual receives a moose permit from the regular moose lottery or archery moose lottery, and is also a successful auction bidder, the person may choose either permit. Should a person choose the regular moose lottery permit or the archery moose lottery permit, the bid amount will be refunded and the next highest unsuccessful bidder will be offered the auction permit.
94. Individuals who have held a valid moose permit acquired by the regular or archery moose lottery or auction are ineligible from participating in the moose permit auction for five years.

    Added 1993, Fish and Wildlife Board Reg. No. 999, eff. June 12, 1993; amended 1994, Fish and Wildlife Board Reg. No. 999, eff. April 8, 1994; 1995 Fish and Wildlife Board Reg. No. 999, eff. May 15, 1995; 1995, Fish and Wildlife Board Reg. No. 999, eff. May 4, 1996; 1999, Fish and Wildlife Board Reg. No. 999, eff. June 5, 1999; 1999 (Adj. Sess.), Fish and Wildlife Board Reg. No. 999, eff. June 16, 2000; 2003, Fish and Wildlife Board Reg. No. 1000, eff. June 21, 2003; 2005, Fish and Wildlife Board Reg. No. 999, eff. Aug. 6, 2005; 2006 Fish and Wildlife Board Reg. No. 999, eff. Aug. 31, 2006; 2007, Fish and Wildlife Board Reg. No. 999, eff. July 6, 2007; 2008, Fish and Wildlife Board Reg. No. 999, eff. July 7, 2008; 2009, Fish and Wildlife Board Reg. No. 999, eff. June 18, 2009; 2010, Fish and Wildlife Board Reg. eff. July 9, 2010; 2011, Fish and Wildlife Board Reg. eff. March 3, 2011; 2012, Fish and Wildlife Board Reg. eff. June 3, 2012; 2015, Fish and Wildlife Board Reg. eff. January 1, 2016; 2019, No. 50 , § 6, eff. Jan. 1, 2020; 2019, Fish and Wildlife Board Reg. eff. Jan. 1, 2020.

§ 33a. Repealed. 2013, No. 78, § 3, effective July 1, 2013.

§ 34. Repealed.

§ 35. Taking of moose doing damage to fencing, tubing, or Christmas trees.

1. Only with prior approval from a Game Warden, a landowner may take a moose which has repeatedly or may continue to substantially damage:
   1. tubing, fittings, and mainline used in maple sap collection.
   2. fencing that is currently containing hoofed livestock.
   3. Christmas Tree Plantations.
2. A landowner may designate one individual who holds a resident Vermont hunting license as an agent to take a moose doing damage, pursuant to subsection (a) of this section, on the landowner's behalf. A landowner may not offer or accept any form of payment to or from a person designated as an agent under this subsection except as allowed in subsection (e) of this section.
3. The landowner shall immediately report the wounding or killing of a moose under this section to a Game Warden. Within 12 hours of said wounding or killing of a moose under this section, the landowner or person who performed the act shall submit a written, signed report relating the date, time, place and reason for the wounding or killing to a Game Warden.
4. A person who kills the moose shall immediately properly dress the carcass and care for the meat.
5. The Game Warden shall immediately investigate the case and if satisfied that the moose was taken as provided in this section, the Warden shall give the landowner a certificate of his or her finding in the matter. The certificate shall entitle the landowner to the ownership of the carcass. The landowner may not sell or give away the carcass except to offer all or a portion of it to the agent designated under subsection (b) of this section as compensation for killing the moose. Any carcass not desired for home consumption in the household of the certificate holder or designated agent shall be turned over to a Game Warden.

   Added 1996, Fish and Wildlife Commissioner's Reg. No. 1013, eff. July 6, 1996.

§ 36. Repealed. 2019 Fish and Wildlife Board Reg., eff. January 1, 2020.

§ 37. Deer Management Rule.

1. Authority.
2. This rule is adopted pursuant to 10 V.S.A. § 4081(b) . In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and furbearing animals in this State is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance.
3. In accordance with 10 V.S.A. § 4082 , this rule is designed to maintain the best health, population and utilization levels of the deer herd.
4. In accordance with 10 V.S.A. § 4084 , this rule establishes open seasons; establishes daily, season and possession limits; prescribes the manner and means of taking white-tailed deer and establishes restrictions on taking based on sex and antler characteristics.
5. Purpose.

   The purpose of this rule is to manage the white-tailed deer herd, implementing will of the General Assembly to design rules to maintain the best health, population and utilization levels of the deer herd.

6. Definitions.
7. "Antlerless Deer" are defined as those deer without antlers or antlers less than three (3") inches in length.
8. An "Anterless Deer Permit" is a permit issued pursuant to 10 V.S.A. § 4081(g) that allows a person to take one anterless deer during the anterless or muzzleloader seasons.
9. "Antler Point": A "point" is an antler projection of at least 1" measured from the base of the point at the main beam to the tip of the point. A broken main beam shall count as a point regardless of length.
10. "Bait": For the purposes of this regulation, 'bait' is defined as any animal, vegetable, fruit or mineral matter placed with the intention of attracting wildlife. Natural and artificial scents and lures that are not prohibited under Section 14 of this regulation and are not designed to be consumed by eating or licking shall not be bait for the purposes of this rule.
11. "Baiting" is the use of any animal, vegetable or mineral matter, including scents and lures prohibited under section 14 of this regulation that has the effect of enticing wildlife to a certain location.
12. "Board": The Vermont Fish and Wildlife Board.
13. "Bona fide agricultural practices": Practices that have been employed to plant, grow and harvest an agricultural product conducted in the usual manner.
14. "Crossbows": A crossbow means a device consisting of a bow mounted to a rigid stock for discharging bolts or arrows and having a mechanical means to hold and release the drawn string, which must be fired from the shoulder. A bolt means a short projectile, designed for a crossbow, that resembles an arrow. No person shall hunt wild animals or game with a crossbow if the bolt has an arrowhead less than seven-eighths of an inch at its widest point and has less than two sharp cutting edges.  A crossbow shall have a minimum pull of 125 pounds, a working mechanical safety and a stock no less than 23 inches in length.
15. "Legal Buck": In Wildlife Management Units C, D1, D2 E1, E2, G, I, L, M, P, Q any white-tail deer with at least one antler three (3") inches or more in length; and in Wildlife Management Units A, B, F1, F2, H, J1, J2, K, N, and O a legal buck shall be any white-tailed deer with at least one antler with two or more antler points one inch in length or longer.
16. "Novice": A person who purchased their first hunting license within the past 12 months and is 16 years of age or older.
17. "Youth": A person who is 15 years of age or younger.
18. Annual Deer Limit.
19. A person shall not take more than four white-tailed deer in a calender year, only one of which may be a legal buck.
20. Youth and novice hunters shall be allowed to take two legal bucks, provided that one is taken during the youth or novice season, not to exceed the annual limit of four white-tailed deer.
21. Antlerless Deer Season.
22. For four consecutive days, commencing on the Thursday 16 days prior to the opening day of the regular rifle season shall be the antlerless deer season.
23. A person hunting under this section shall obtain a muzzleloader license as provided in 10 V.S.A. § 4252 and must possess an antlerless deer permit.
24. A person may take one antlerless deer per antlerless deer permit. A person may take additional antlerless deer if they obtain additional antlerless deer permits not to exceed the annual limit as prescribed in section 4.1 of this rule.  No person may purchase or possess more than one antlerless deer permit at a time, or purchase a subsequent antlerless deer permit until the person has harvested an antlerless deer.  If a person possesses a permit to take an antlerless deer, then the person may take an antlerless deer.
25. A person hunting with a muzzleloading firearm pursuant to this rule shall not carry any firearms other than one single-barreled muzzleloading firearm as defined in 10 V.S.A.§ 4001(33) while hunting deer during this season.
26. No person taking deer by means of muzzleloader may possess archery equipment or crossbow while hunting.
27. No person shall take a deer in a WMU unless they are licensed, permitted or explicitly authorized to do so by the Board rules, or procedures adopted in accordance with 10 V.S.A. § 4082 (c).
28. Muzzleloading Season.
29. Muzzleloader Season:  For the nine consecutive calendar days commencing on the first Saturday after the completion of the regular rifle deer hunting season, a person may take one legal buck by muzzleloading firearm.
    1. One legal buck by muzzleloading firearm, provided that they have not yet taken a buck  as prescribed in Section 4.1 of this rule, and
    2. If the Board has authorized the taking of antlerless deer, and if a person possesses an antlerless deer permit, then the person may take an antlerless deer. No person may purchase or possess more than one antlerless deer permit and a person can only purchase a subsequent antlerless deer permit after the person has harvested an antlerless deer, not to exceed the annual limit as prescribed in section 4.1 of this rule.
30. A person hunting with a muzzleloading firearm under this section shall obtain a muzzleloader license as provided in 10 V.S.A. § 4252 .
31. A person hunting with a muzzleloading firearm pursuant to this rule shall not carry any firearms other than one single-barreled muzzleloading firearm as defined in 10 V.S.A. § 4001(33) while hunting deer during this season.
32. No person taking deer by means of muzzleloader may possess archery equipment or crossbow while hunting.
33. No person shall take a deer in a WMU unless they are licensed, permitted or explicitly authorized to do so by the Board rules, or procedures adopted in accordance with 10 V.S.A. § 4082(c) .
34. Archery Season.
35. Archery Season:  October 1 through December 15, except during the regular rifle deer hunting season:
    1. One legal buck may be taken by bow and arrow or crossbow, during the archery season anywhere in the state; not to exceed the annual limit as prescribed in Section 4.1 of this rule, and
    2. In Wildlife Management Units declared open by the Board to the taking of antlerless deer, a person may take antlerless deer.
36. A person hunting with a bow and arrow or crossbow under this section shall obtain an archery license as provided in 10 V.S.A. § 4252 . An archery license will be valid for one deer; additional archery licenses are required for the taking of additional deer.
37. The Board may establish Expanded Archery Zones
    1. Within these zones, the archery season shall begin September 15. From September 15 to September 30, only antlerless deer may be taken.
    2. [Zone Boundaries]
38. Crossbows may be used as a means of take during any season that permits the use of a bow and arrow.
39. The holder of an archery license or a super sport license, hunting with a bow and arrow or a crossbow, may possess a handgun while archery hunting, in accordance with 10 V.S.A. § 4252(b) , provided that the license holder shall not take game by firearm while hunting.
40. Unless it is uncocked, a person shall not possess or transport a crossbow in or on a motor vehicle, motorboat, airplane, snowmobile, or other motor-propelled vehicle except as permitted in accordance with 10 V.S.A. § 4705 .
41. Regular Rifle Season.
42. Pursuant to 10 V.S.A. § 4084 for the 16 consecutive calendar days commencing 12 days prior to Thanksgiving day, a person may take by lawful means one legal buck.  No person shall take a deer in a WMU unless they are licensed, permitted or explicitly authorized to do so by the Board rules, or procedures adopted in accordance with 10 V.S.A. § 4082(c) .
43. Youth Deer Hunting Weekend.
44. Pursuant to 10 V.S.A. § 4742a , the Saturday and Sunday three weeks prior to the opening day of the regular rifle deer hunting season shall be youth deer hunting weekend.
45. Limit:  One white-tailed deer. One legal buck may be taken during the youth deer hunting weekend, or any deer if the Board has authorized the taking of antlerless deer during youth hunting weekend.
46. To participate in the youth deer hunt, a qualified youth must be 15 years of age or younger and have a valid Vermont hunting license and a youth deer hunting weekend license.
47. The youth must be accompanied by an unarmed adult who holds a valid Vermont hunting license and who is 18 years of age or older. An adult accompanying a youth under this section shall accompany no more than two young people at one time.  As used in this section, "accompany," "accompanied," or "accompanying" means direct control and supervision, including the ability to see and communicate with the youth hunter without the aid of artificial devices such as radios or binoculars, except for medically necessary devices such as hearing aids or eyeglasses.
48. No youth shall hunt under this section on privately owned land without first obtaining the permission of the owner or occupant.
49. Novice Season.
50. Novice Season:  This season shall be concurrent with the Youth Deer Hunting Weekend as prescribed in 10 V.S.A. § 4742a and section 9.1 of this rule.
51. Limit:  One white-tailed deer. One legal buck may be taken during this season, or any deer if the Board has authorized the taking of antlerless deer during youth hunting weekend.
52. To participate in the novice season, a qualified person must have a valid Vermont hunting license, and follow the requirements of youth hunting week-end.
53. The novice hunter must be accompanied by an unarmed adult who holds a valid Vermont hunting license and who is 18 years of age or older. An adult accompanying a novice under this section shall accompany no more than two novice hunters at one time.  As used in this section, "accompany," "accompanied," or "accompanying" means direct control and supervision, including the ability to see and communicate with the novice hunter without the aid of artificial devices such as radios or binoculars, except for medically necessary devices such as hearing aids or eyeglasses.
54. No Novice hunter shall hunt under this section on privately owned land without first obtaining the permission of the owner or occupant.
55. Reporting.
56. A deer carcass shall be field dressed prior to reporting in accordance with 10 V.S.A. App. § 2.
57. Upon request, the person harvesting a deer shall show and return to the kill site with a Game Warden.
58. Feeding of Deer.
59. No person shall feed white-tailed deer at any time in Vermont except:
    1. Under a license or permit issued pursuant to 10 V.S.A. § 4152 by the Department for bona fide scientific research, mitigation of wildlife damage or nuisance problems, or wildlife population reduction programs only; or
    2. By planting, cultivating or harvesting of crops directly associated with bona fide agricultural practices, including planted wildlife food plots; or
    3. By distribution of food material for livestock directly associated with bona fide agricultural practices; or
    4. By cutting of trees or brush; or
    5. By incidental feeding by an elevated bird/squirrel feeders (feeders must be at least five feet above the ground) providing seed, grain, fruit, worms, or suet for birds or squirrels, located within 100 feet of an occupied dwelling.
60. Baiting.
61. No person shall take deer by using bait. Exempted from this prohibition are:
    1. Incidental feeding of wildlife within active livestock operations;
    2. Standing crops planted and left standing as food plots for wildlife;
    3. Grain or other feed scattered or distributed solely as a result of normal agricultural, gardening, or soil stabilization, and logging practices;
    4. Vegetation or food/seed naturally deposited.
62. No person shall take any game or wild animal by using bait during deer seasons established under Part 4 of Title 10 or by rules of the Board, except that persons taking furbearers as authorized under 10 V.S.A. § 4252(3) may use bait in conjunction with traps being set to take furbearers.
63. The Ban of urine and other natural lures.
64. Authority.  The Fish & Wildlife Board finds that, in order to protect the health of white-tailed deer in Vermont, it is necessary to prohibit the use of cervid urine, blood, glands, gland oil, feces, or other bodily fluids for the purpose of taking or attempting to take deer.
65. Restricted and Permitted Uses of cervid urine, blood, glands, gland oil, feces, or other bodily fluids.
    1. No person shall possess while hunting or use, for the purposes of taking or attempting to take, attracting, surveillance or scouting deer; any product that contains or purports to contain any cervid urine, blood, gland oil, feces, or other bodily fluids.
    2. A person may utilize the body parts of a wild Vermont white-tailed deer legally taken or acquired by that person for coyote hunting.

       Added 2005, Fish and Wildlife Board Reg. No. 1502, eff. July 2, 2005; amended 2008 Fish and Wildlife Board Reg. No. 1502, eff. Sept. 6, 2008; 2011 Fish and Wildlife Board Reg. No. 1502, eff. Mar. 3, 2011; 2015 Fish and Wildlife Board Reg., eff. January 1, 2016; 2019, Fish and Wildlife Board Reg., eff. Jan. 1, 2020.

§§ 41-43. Repealed.

§ 44. Furbearing species.

1. Authority.
2. This rule is promulgated pursuant to 10 V.S.A. §§ 4081 , 4082, 4084, 4828, and 4861.  In promulgating this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife, and furbearing animals in this State is in the interest of the public welfare and that the safeguarding of these valuable resources for the people of the State requires a constant and continual vigilance.
3. In accordance with 10 V.S.A. §§ 4082 and 4084, this rule is designed to maintain the best health, population, and utilization levels of the regulated species.
4. This rule shall apply to all persons who take or attempt to take furbearing  animals by trapping or hunting.
5. Purpose.

   The purpose of this rule is to regulate the taking of furbearing animals.

6. Definitions.
7. "Commissioner" means the Commissioner of the Vermont Department of Fish and Wildlife.
8. "Compensation" shall mean money.
9. "Department" means the Vermont Department of Fish and Wildlife.
10. "Board" means the Vermont Fish and Wildlife Board.
11. "Furbearing Animal" means beaver, otter, marten, mink, raccoon, fisher, fox, skunk, coyote, bobcat, weasel, opossum, lynx, wolf, and muskrat or as amended pursuant to 10 V.S.A. § 4001 .
12. "Trapping" means to take or attempt to take furbearing animals with traps including the dispatching of such lawfully trapped furbearing animals.
13. A "Trap" means a mechanical device used to capture, kill and/or restrain furbearing animals excluding firearms, muzzleloaders and archery equipment.
14. A "Tanned" pelt is one that has been treated to turn the skin into leather.
15. Restrictions.
16. A person trapping for furbearing animals under this rule shall visit his/her traps at least once every calendar day, except as provided in paragraph 4.2, and dispatch or release any animal caught therein.
17. A person who sets body gripping traps in the water or under the ice, or foothold or cage traps under the ice shall visit his/her traps at least once every three calendar days and remove any animal caught therein.
18. A person shall not set a trap on lands other than his/her own which does not have his/her name and address permanently and legibly stamped or engraved thereon, or on a tag of rustless material securely attached thereto.
19. All traps under ice will be marked with a tag visible above the ice.
20. A person shall not set a body gripping trap with a jaw spread over eight inches measured inside the jaws unless the trap is set five feet or more above the ground, or in the water.
21. A person shall not use toothed foothold traps or snares when trapping under this section.
22. A person shall not set a trap between December 31 and the following fourth Saturday in October unless the trap is in the water, under the ice, or on a float in the water.
23. A person shall not possess a living furbearing animal, except as provided by rules of the board or 10 V.S.A. part 4.
24. A person shall not possess a furbearing animal trapped outside of its legal season without the written authorization of the Department, not to include animals taken pursuant to 10 V.S.A. § 4828 .
25. A person shall not possess fur or skin of a furbearing animal unlawfully taken.
26. A person shall not take a furbearing animal by use of any poisonous mixture.
27. A person shall not take a furbearing animal from dens by cutting, digging, smoking, by the use of chemicals, or by the use of mechanical devices.
28. Beaver Muskrat.
    1. When trapping muskrat between March 1 and March 31, body gripping traps are restricted to 5 inches or less.
    2. A person shall not disturb or destroy a beaver or muskrat house or den or place a trap therein, thereon, or in the entrance thereof.
    3. A person may set a trap within 10 feet of the nearest point, above the water, of a beaver house or dam only from the 4th Saturday in October through the last day of February, all dates inclusive.
    4. Except for the setting of traps as provided under 4.13b and 4.13c, a person shall not interfere in any manner with dams, dens, or houses of beaver except upon prior written approval from the Commissioner.
29. Bobcat; Otter; Fisher.
    1. From December 17 to December 31, both dates inclusive, in order to minimize incidental bobcat harvest during the remainder of the fisher season, a person shall not set a body gripping trap with a jaw spread over 6 inches measured inside the jaws unless the trap is set 5 or more feet above the ground, or in the water.
    2. The skins of bobcat, otter, and fisher legally taken may be possessed, transported, bought and sold only when tagged and marked as hereinafter provided.
    3. A person who takes bobcats, otter, or fisher during these seasons shall notify authorized Department staff within 48 hours of the close of the season.  Pelts shall be presented to authorized Department staff for tagging. Such tags shall remain affixed to the pelts until tanned. Carcasses shall be surrendered to authorized Department staff at the time of tagging.
    4. No bobcat, otter, or fisher pelts or carcasses taken during these seasons shall be transported out of the State of Vermont prior to being tagged by authorized Department staff.
    5. A person who takes bobcat, fisher, and otter pursuant to 10 V.S.A. § 4828 and who desires to keep the pelt shall notify authorized Department staff with 84 hours of the taking. Pelts shall be presented to authorized Department staff for tagging. Such tags shall remain affixed to the pelts until tanned. Carcasses shall be surrendered to authorized Department staff at the time of tagging.
30. Raccoons.
    1. A person shooting raccoons during the raccoon hunting season shall use a 0.22 caliber rimfire firearm or a shotgun with #2 shot or smaller.
    2. A light may be used to illuminate and shoot a raccoon once treed by a dog, or dogs, during the raccoon hunting season. A light may also be used to illuminate a raccoon once treed by a dog, or dogs, during the training season.
31. Lynx.
    1. This subsection shall be effective on January 1, 2014.
    2. Any person who incidentally captures a lynx shall notify the Department immediately.
    3. The following regulations on traps and trapping shall only apply within the Wildlife Management Unit E.
       1. Foothold traps set on land must be anchored using a chain or cable no longer than 18" that is center-mounted to the trap using a swivel connection and must have at least one in-line swivel along the chain or cable.
       2. From the fourth Saturday in October to December 31, both dates inclusive, all body gripping traps must be set:

          i. In the water, or;

          ii. Within a Canada lynx exclusion device as described below and as depicted in Diagram 1:

       3. From the fourth Saturday in October to December 31, both dates inclusive, body gripping traps no larger than a typical 160 (inside jaw spread up to 6.5") may also be set on the ground if placed:
    4. The  establishment of a ten-year "Lynx Study Period" shall commence on January 1, 2014. The Department will assess the status of lynx in Vermont, identify and evaluate additional techniques and devices for avoiding incidental capture of lynx, and develop revisions to these rules in accordance with the findings of such studies and all current information. The rules set forth in this subsection 4.16 shall expire on January 1, 2024 unless such rules are either extended or amended by the Fish and Wildlife Board. The decision to extend or amend these rules shall be based on an evaluation of the following key criteria:
       1. Reliable evidence of the presence or absence of a resident, breeding population of Canada lynx;
       2. The availability of more effective and/or practical alternatives for avoiding the incidental capture of lynx; and
       3. The outcome of Maine's Incidental Take Permit application process.

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32. Biological Collection.

    a) Any person who obtains a trapping license shall complete and submit an annual biological collection trapper survey for the license season to the Department, within the timeline specified by the Commissioner.

    b) The failure to complete and submit a biological collection survey to the Department shall be a nonpoint violation under 10 V.S.A. § 4502 .

33. Seasons, Bag Limits.
34. With the exception of state and federally listed threatened and endangered species, seasons shall not be applicable to any person, who takes a furbearing animal in defense of persons or property for compensation, in accordance with 10 V.S.A. § 4828 .
35. Trapping Rabbits and Furbearers in Defense of Property for a Fee.
36. In accordance with Sec. 11 of Act 170 from the 2017-2018 Adj Session, the following sections and subsections of Board rules set forth in Title 10, Appendix § 44 are applicable to trapping rabbits and furbearing animals in defense of property for compensation: 4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.8 (however, possession is allowed for the purpose of moving the animal to a more appropriate place for dispatch), 4.10, 4.11 (unless the animal has already been trapped), 4.14 (e), 4.16 (b), 4.17 (a) and (b).

    Added 1961, No. 119 , § 2, eff. May 9, 1961; amended 1966, Fish and Game Board Reg. No. - , eff. Jan. 1, 1967; 1974, Fish and Game Board Reg. No. 883, eff. Jan. 18, 1974; 1977, Fish and Game Board Reg. No. 904, § 3, eff. Jan. 1, 1978; 1977, No. 231 (Adj. Sess.); 1980, Fish and Game Board Reg. No. 917, eff. July 2, 1980; 1980, Fish and Game Board Reg. No. 925,§§ 1, 2, eff. Dec. 27, 1980; 1984, Fish and Game Board Reg. No. 949, eff. June 2, 1984; 1989, No. 36 , § 2; 1995, Fish and Game Board Reg. No. 1008, eff. July 9, 1994; 2003, Fish and Wildlife Reg. No. 1008, eff. Oct. 31, 2003; 2007, Fish and Wildlife Reg. No. 1008, eff. Jan. 12, 2007; 2012 Fish and Wildlife Board Reg. eff. July 14, 2012; 2013 Fish and Wildlife Board Reg. eff. Jan. 1, 2014; 2017 Fish and Wildlife Board Reg. eff. Jan. 1, 2018; 2019, Fish and Wildlife Board Reg., eff. Jan. 1, 2020.

1. the trap jaws shall be completely within the device;
2. the trap springs may extend outside of device through openings no larger than 7.5" wide by 1.5" high;
3. the device shall not have an opening greater than 6" by 8";
4. the opening shall not be directly in front of the trap but shall instead be either on the top or side of the device;
5. the trap set within the device shall be a minimum of 18" from the closest edge of the opening to the trap;
6. there shall be at least two attachment points for each side of the device where there is a joint or where panels come together;
7. the device shall be constructed of wood or of wire mesh of 16 gauge or less wire (.05" diameter wire or greater) and having a mesh size with openings no greater than 1.5" X 1.5" or 1" X 2"; and,
8. the trap shall be anchored outside of the device; or

   iii. Off the ground as described below and as depicted in Diagram 2:

   a. at least 5'above the ground or if snow is on the ground at least 5 feet above snow level with the exception of the 24-hour period immediately following a snowstorm;

   b. affixed to a standing tree which is free of branches below the trap or to a leaning section of pole that has not been planed or otherwise altered except for the removal of branches and is less than 4" in diameter at the trap and is angled at least 45 ø along its entire length from the ground to the trap; and

   c. in an area that is free of any object within 4' of the trap.

9. Under overhanging stream banks, or;

   ii. In blind sets without the aid of bait, lure or visual attractants, or;

   iii. Within a cubby constructed of artificial materials with the trap inserted at least 7" from the front and with an opening no greater than 50 square inches as depicted in Diagram 3.

The following seasons, methods and bag limits are hereby established for the species listed. All hunting seasons will be with or without dogs, except as otherwise provided. Below is the exclusive, exhaustive list of season and means of take of furbearing animals. The taking of furbearing animals at other times or by other means, except where otherwise provided by law, is prohibited. All dates are inclusive.

Seasons Dates Bag Limit 5.1 Beaver By trapping Fourth Sat. in Oct. No limit through March 31 By hunting No open season Zero 5.2 Otter By trapping Fourth Sat. in Oct.- No limit last day of March By hunting No open season Zero 5.3 Marten No open season Zero 5.4 Mink By trapping Fourth Sat in Oct.-Dec. 31 No limit By hunting No open season Zero 5.5 Raccoon By trapping Fourth Sat. in Oct.-Dec. 31 No limit By hunting Second Sat. in Oct.-Dec. 31 No limit 5.6 Bobcat By trapping December 1-December 16 No limit By hunting January 10-February 7 No limit 5.7 Fox (red or grey) By trapping Fourth Sat. in Oct.-Dec. 31 No limit By hunting Fourth Sat. in Oct. through No limit the second Sun. in Feb. 5.8 Skunk Fourth Sat. in Oct.-Dec. 31 No limit By trapping Fourth Sat. in Oct.-Dec. 31 No limit By hunting No closed Season No limit 5.9 Muskrat By trapping Fourth Sat. in Oct.-March 31 No limit By hunting March 20-April 19 No limit 5.10 Coyote By trapping Fourth Sat. in Oct.-Dec. 31 No limit By hunting No closed season No limit 5.14 Fisher By trapping December 1-December 31 No limit By hunting No open season Zero 5.15 Weasel By trapping Fourth Sat. in Oct.-Dec. 31 No limit By hunting No closed season No limit 5.16 Opossum By trapping Fourth Sat. in Oct.-Dec. 31 No limit By hunting No closed season No limit 5.17 Wolf No open season Zero 5.18 Lynx No open season Zero

§§ 45-48. Repealed.

§ 101. Day.

Unless otherwise specifically provided, the legal day for purposes of this chapter shall begin at twelve o'clock midnight and continue until the next 12:00 midnight.

Added 1961, No. 119 , § 2, eff. May 9, 1961.

§ 102. Hours.

Fish may be taken during the open season at any hour of the day.

Added 1961, No. 119 , § 2, eff. May 9, 1961.

§§ 103-106. Repealed.

§ 107. Handheld Spear, Speargun, Crossbow, and Bow and Arrow.

1. A person holding a hunting or combination license may take fish by handheld spear or speargun in accordance with 10 V.S.A. Appendix § 122.  Section 122 sets forth the list of species that may be taken, the season, and the waters where the fish species may be taken. A Handheld Spear (including "spearing" in Title 10 § 4606(e)) is a manually powered spear used from above the water's surface.  A Speargun is a pneumatic or rubber band powered device with a line not to exceed 20 feet attached to a spear, used from below the water's surface. Spearguns shall be loaded and discharged only beneath the surface of the water and shall be used while snorkeling/freediving only. Spearing while SCUBA diving is not permitted.
2. A person who holds a fishing or combination license may take fish species allowed under § 122 by bow or crossbow with line attached to arrow during the season provided and in waters designated by § 122 of these regulations.
3. A person who takes a fish by handheld spear, speargun, bow or crossbow with line attached to arrow, in accordance with § 122, shall keep the fish in his or her possession until the fish is permanently removed from waters of the state and used or disposed of properly.

   Added 1961, No. 119 , § 2, eff. May 9, 1961; amended 2017 Fish and Wildlife Regs, eff. Jan. 1, 2018.

§ 108. Shooting pickerel.

A person holding a hunting or combination license may take pickerel by shooting, during the season provided therefor and in waters designated by section 122 of these regulations.

Added 1961, No. 119 , § 2, eff. May 9, 1961.

§ 109. Repealed. 2017 Fish and Wildlife Reg., eff. January 1, 2018.

§§ 109a Repealed.

§ 110. Repealed.

§ 111. Repealed. 1991, No. 230 (Adj. Sess.), § 1(11).

§§ 112-114. Repealed.

§ 114a. Rule defining mouths of tributaries and lines between points to identify the Vermont portion of Lake Champlain.

1. Authority.

   This rule is promulgated pursuant to 10 V.S.A. § 4609 .

   This rule defines the Vermont portion of Lake Champlain, for reciprocal license purposes, easterly of which a Vermont fishing license is required for all individuals fifteen (15) years of age or older.

   This rule shall apply to all persons who take or attempt to take fish on the Vermont portion of Lake Champlain and that portion of Lake Champlain easterly of the Vermont portion of Lake Champlain.

2. Purpose.

   The purpose of this rule is to:

   1. Define that portion of Lake Champlain lying between the Vermont-New York State boundary and that portion of Lake Champlain lying wholly in Vermont where holders of a New York fishing license are extended reciprocal fishing privileges, and
   2. Provide a border for the eastern side of the Vermont portion of Lake Champlain that is easy for anglers to identify, and
   3. Ensure the conservation of the fish in the state.
3. The Vermont-New York Lake Champlain Border.

   For the purposes of this rule, and for reciprocal fishing privileges authorized by 10 V.S.A. § 4609(b) , the Vermont-New York Lake Champlain Border is defined as starting at a point where the Poultney River empties into the East Bay, then through the middle of the deepest channel of East Bay to the middle of the deepest channel of Lake Champlain, then following the middle of the deepest channel of Lake Champlain in a generally northerly direction to the east of the Four Brothers Islands and the west of Grand Isle, North Hero and Isle La Motte, to the United States border with Canada.

4. The Eastern Border of the Vermont Portion of Lake Champlain.

   For the purposes of this rule, and for reciprocal fishing privileges authorized by 10 V.S.A. § 4609(b) , the eastern border of the Vermont portion of Lake Champlain is defined as a line starting on the north shore of the Poultney River where it empties into East Bay, proceeding generally northerly along the shore to the old Rutland Railroad fill on Colchester Point, then following the western side of the old Rutland Railroad fill to Allen Point on Grand Isle, continuing northerly following the western shore of Grand Isle to Tromp Point, then across The Gut to Bow and Arrow Point, then continuing generally northerly along the western shore of North Hero to Pelots Point, then across the Alburg passage to the Point of the Tongue, and then along the western shore of the Alburg peninsula to the United States Border with Canada. When this line crosses a tributary to Lake Champlain, the line shall proceed from the downstream most point of land on one side of the tributary to the downstream most point of land on the other side of the tributary.

5. Permitted Activities.

   Holders of New York fishing licenses may take fish from that portion of Lake Champlain lying between the Vermont-New York border of Lake Champlain and the eastern border of the Vermont portion of Lake Champlain as defined in Part 4.0 above provided the State of New York grants the right to take fish to holders of Vermont fishing licenses in that portion of Lake Champlain lying between the Vermont-New York border and the New York shore.

   Graphic Representation of the Mouth of a Tributary

   SEE ORIGINAL TO VIEW IMAGE

   Added 2003, Fish and Wildlife Board Reg. No. 1500, eff. Oct. 31, 2003.

§ 115. Use of state controlled fishing access areas.

1. Authority.
2. This rule is adopted pursuant to 10 V.S.A. § 4145(a) which authorizes the board to make rules 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 10 V.S.A. § 4144 ."
3. This rule applies to use of state controlled fishing access areas and to persons, businesses, or entities that use the fishing access areas.
4. Purpose.

   The purpose of this rule is to:

5. Ensure current and future uses are orderly, sustainable, and in accordance with state and federal statutes and guidelines.
6. Manage conflict between users by clarifying authorized and prohibited activities and ensuring users share in the burdens and benefits of use.
7. Protect the fishing access areas for statutorily approved uses.
8. Definitions.
9. Commercial Activity is any activity or service that produces income to any entity or individual.
10. Nonprofit Charitable Organization means an entity organized and operated exclusively for exempt purposes set forth in Section 501(c)(3) of the Internal Revenue Code.
11. Picnicking includes but is not limited to any activity that involves, cooking, grilling, food preparation and, set-up associated with eating (including setting blankets or table cloths laid on the ground).
12. Camping includes any activity using a tent, camper, or motor home, any activity involving preparation of an area for sleeping or, any overnight sleeping.
13. Group use is use actually or potentially involving 10 or more people or two or more vehicles at a time.
14. Parking is the leaving of motor vehicles or trailers unattended in an access area.
15. Motor vehicles are all vehicles propelled or drawn by power other than muscle power.
16. Vessel means motor boats, boats, kayaks, canoes and sail boats.
17. Authorized Activities.

    The following are authorized activities in order of priority:

18. Angling, ice fishing and the launching of any vessel to be used for fishing and parking of vehicles and trailers necessary for and contemporaneous with these purposes.
19. The launching of inboard and outboard motorboats engaging in any activity and parking of vehicles and trailers necessary for and contemporaneous with that purpose.
20. Trapping, hunting and parking of vehicles and boat trailers necessary for and contemporaneous with that purpose.
21. Launching of all non-motorized vessels not used for commercial purposes and parking of vehicles and boat trailers necessary for and contemporaneous  with that purpose.  Users shall launch from the designated non-motorized launch site, when such a site is identified.
22. ATV's and snowmobiles when being used solely for the purposes of ice fishing.
23. Permitted special uses.
24. Prohibited Activities.
25. Discarding of bottles, glass, cans, paper, junk, litter, food, or any other garbage or trash.
26. Discarding of dead fish, wildlife or portions thereof.
27. Washing or cleaning of vehicles and equipment other than for the purpose of removing aquatic plants and organisms.
28. Washing or cleaning of fish or wildlife.
29. Camping.
30. Picnicking.
31. Making or maintaining fire of any kind.
32. Water skiing.
33. Swimming.
34. Use of snowmobiles and ATVs, except for those being utilized solely for the purpose of ice fishing.
35. Parking of vehicles and or trailers while the vehicle owner or user is not present at the access area or on the adjacent public waters except as otherwise permitted by the Commissioner.
36. Storage of vehicles and or trailers or placing of vehicles or trailers for sale.
37. Withdrawal of water except as authorized under paragraph 6.0.
38. Parking in excess of 72 consecutive hours except that the Commissioner may issue permits for longer parking when the Commissioner determines that there will be no adverse impact on authorized uses found in 4.0 above.
39. Commercial activity except as authorized by paragraph 7.0 below.
40. Activity that interferes with a priority use, such as, but not limited to the mooring or beaching of boats, using the ramp to rig a boat or boats thus obstructing use of the ramp, and the storing of boats or trailers at an access area.
41. Group use not specifically authorized by the Commissioner.
42. Launching and recovery of sailboards, rafts, snow kites, and the parking of vehicles and trailers supporting these activities.
43. All other activity that is not specifically permitted by this rule unless specifically authorized by the Commissioner.
44. Authorized Users.
45. Any person who is engaged in any authorized activity.
46. Any group that has received approval for group use in accordance with this rule.
47. Fire departments that have executed a Memorandum Of Agreement (MOA) with the Commissioner for the installation and use of a dry hydrant.  And then, only in accordance with their MOA. Fire departments may also use Access Areas without dry hydrants as emergency water sources to fight fires and will notify the local warden as soon as practicably possible.
48. Individuals participating in a fishing tournament permitted under 10 V.S.A. § 4613 .
49. Limited Commercial Activity.
50. Commercial activity at fishing access areas is limited to entities and persons taking part in activities authorized by 4.1, 4.2 and 4.3 above.
51. Special Permits.
52. The Commissioner may authorize special permits for entities or persons to use an access area for group use when the Commissioner determines that there will be no adverse impact on authorized priority uses.
53. The Commissioner may authorize the use of access areas by an educational institution or a nonprofit charitable organization conducting a fundraising event of limited duration, provided that the event will not conflict with a priority use of the access area.
54. Special permits shall not be issued and may be revoked immediately for activities that substantially interfere with authorized uses.
55. Permit fees shall be in accordance with the schedule of fees established under 10 V.S.A. § 4132(e) .
56. Speed Limit.

    The maximum speed on access areas shall be 15 miles per hour.

    Added 1962, Fish and Game Board Reg. No. 641, eff. May 1, 1962; amended 1987, Fish and Wildlife Board Reg. No. 641, eff. June 4, 1987; 2006, Fish and Wildlife Board Reg. No. 641, eff. Aug. 31, 2006; 2007, Fish and Wildlife Board Reg. No. 641, eff. Sept. 1, 2006; Fish and Wildlife Board Reg., effective May 18, 2010.

§ 116. Atlantic salmon management in Connecticut River.

1. Definitions.
   1. "Angling" means fishing with hook and line which must be personally attended.
   2. "Fly fishing" means angling with the use of a single fly with either a single or double (side by side) hook, whose gape may not exceed 1/2 inch, dressed with hair, feathers, tinsel, thread, yarn or similar material. The use of lead core lines is prohibited. Additional weight may not be built into the fly in its construction, as in a weighted nymph, and no additional weight or other attachments such as spinners or swivels shall be attached to the hook, leader or line, and the use of open or closed face spinning reels, spin cast reels, free spool reels, bait casting reels or similar devices is prohibited.
   3. "River" means the main stem of the Connecticut River from a line drawn from Griswold Point in Old Lyme, Connecticut to Lynde Point, Old Saybrook, Connecticut upstream to the base of the dam at Lake Francis in Pittsburg, New Hampshire.
   4. "Snagging" (snatching, lifting or jigging) means the taking or attempting to take any fish by foul hooking, that is, hooking the fish in any part of the body other than inside the mouth.
   5. "States" means the Connecticut River basin states of Connecticut, Massachusetts, New Hampshire and Vermont.
   6. "Take" or "taking" means killing or capturing or otherwise rendering into possession.
2. Connecticut River Basin Atlantic Salmon License.
   1. In accordance with the authorizing statutes, no person shall take, attempt to take, assist in taking or possess on the waters or the shores of the river or any of its tributaries any Atlantic salmon without first having obtained a Connecticut River basin Atlantic salmon license.
   2. Such license shall be issued by the states on forms provided by the Commission and shall be valid during the calendar year of issue.
   3. No person shall be issued such license unless such person has first obtained the appropriate sport fishing license required by the state which is to issue the Connecticut River basin Atlantic salmon license.
   4. Such license shall be displayed in a conspicuous manner on the outer garment at all times when angling for Atlantic salmon.
   5. The fee for such license shall be ten dollars and fifty cents ($10.50), fifty cents ($0.50) of which may be retained by the state of issuance.
3. Seasons, methods and limits.
   1. No person shall take or attempt to take from the river or possess on the waters or shores of the river any Atlantic salmon except that the Commission, acting under Article VIII, Section 6 of its Statement of Practices and Procedures, when it has evidence that sufficient numbers of Atlantic salmon have returned to the river, may declare an open season in the river or in specified sections of the river for such periods as it deems appropriate and may close such season for cause.
   2. Upon the declaration of an open season for Atlantic salmon in the river, the Commission shall provide, to the states, Connecticut River Atlantic salmon tags to be issued, at no additional cost, to holders of the Connecticut River basin Atlantic salmon license in a number determined by the Commission to be the individual season creel limit. Any person taking any Atlantic salmon in the main stem of the Connecticut River shall immediately attach thereto a Connecticut River salmon tag and the possession of an Atlantic salmon on the waters or shores of the river without such tag attached and the removal of such tag prior to preparation for consumption is prohibited.
   3. During any open season declared by the Commission, Atlantic salmon may be taken by fly fishing only, the minimum length for Atlantic salmon shall be fifteen (15) inches and the daily and seasonal creel limit shall be as determined by the Commission upon declaration of an open season.
   4. Any Atlantic salmon taken under the provisions of this section must be presented for inspection within forty-eight (48) hours to an authorized agent of the fish and wildlife agency in the state in which such Atlantic salmon was taken.
   5. The snagging of Atlantic salmon is prohibited.
   6. The taking of Atlantic salmon with the aid of an artificial light is prohibited.
   7. No Atlantic salmon may be taken within 250 feet of any dam or fishway.
   8. The use of a gaff to land Atlantic salmon is prohibited.
   9. All Atlantic salmon taken contrary to this section shall be immediately returned, without avoidable injury, to the water from which taken.
4. Scientific purposes.  Nothing in this section shall prohibit a duly authorized state, federal, or Commission employee, acting within the scope of official employment, from taking or possessing Atlantic salmon for the purposes of research, management or propagation.
5. Penalties.  Any person who violates any provision of this section shall be subject to the penalties set forth in the statutes of the state in which the violation occurred. Upon conviction of any person for any violation of any provision of this section, the Connecticut River basin license issued to such person and the right to obtain such license shall be suspended for a period of one year for the first violation, two years for the second violation and five years for the third and subsequent violations. Upon suspension of said license, any Connecticut River Atlantic salmon tags issued under the provisions of this section shall be surrendered to the state of issuance.
6. Effective date.  The effective date of this section shall be June 1, 1985.

   Added 1985, Connecticut River Atlantic Salmon Commission Regs., eff. June 1, 1985.

§ 117. Fish propagation.

1. Purpose.  The purpose of this regulation is to carry out the mandate of the Vermont General Assembly to control, through a permit program, the propagation of fish, 10 V.S.A. chapter 119, §§ 5207-5209. In addition, a Memorandum of Understanding of the operation of the fish health inspection program was adopted July 21, 1992, by the Commissioners of the Fish and Wildlife Department and the Department of Agriculture, Food and Markets. The Department of Fish and Wildlife will review the Fish and Wildlife regulation governing the industry of fish propagation annually. This review will consider the recommendations of the Vermont Aquaculture Advisory Board to include testimony and data.
2. Scope of Regulations.  The provisions of this part are in addition to, and not in lieu of, any present State law or regulation pertaining to the taking of any fish in a lawful means and lawful manner. These regulations provide for the establishment of an application process, investigation process, permit issuance process and conditions under which the propagated species may be sold or purchased.
3. Definitions.
   1. Fish.  All fresh water fish and any salt water fish capable of adapting to fresh water. Also includes live fish, viable fish eggs, and viable sperm.
   2. Propagation.  To cause to multiply or breed. To increase the species, or to cause to spread.
   3. Endangered Species.  All fish named as threatened or endangered by the Federal Endangered Species Act (P.L. 93-205) and those listed as threatened or endangered pursuant to 10 V.S.A. chapter 123.
   4. Commissioner.  Commissioner of the Vermont Fish and Wildlife Department.
   5. Department.  Vermont Fish and Wildlife Department.
   6. Injurious Fish.  Fish determined by the Vermont Fish and Wildlife Department or the U.S. Fish and Wildlife Service to be a danger to or potential danger to, Vermont's fish or wildlife.
   7. Annual Fish Health Inspection.  Annual inspection (minimum once a year) for fish pathogens using inspection procedures approved by the Department, such as those provided for in the most recent addition of the "Blue Book," which is developed by the Fish Health Section of the American Fisheries Society (AFS) or the most recent addition of the "Fish Health Protection Regulations Manual of Compliance," of the Department of Fisheries and Oceans, Canada.
   8. Fish Health Inspector.  Person responsible for carrying out fish health inspections based on standards approved by the Department, such as those provided for by the Fish Health Section of the American Fisheries Society and/or the New England Salmonid Health Guidelines.

      Fish health inspectors shall have access to adequate laboratory facilities and qualified personnel to assure the prompt conduct of inspections, diagnosis, and reporting.

   9. Fish Lot.  A group of fish of the same species and age that originated from the same discrete spawning population during the same year, and are being raised on the same water source.
4. Permit Requirements.
   1. A person shall not rear for sale or distribution, any species of live fish within this state without first procuring a permit from the Commissioner to do so (10 V.S.A. chapter 119, §§ 5207-5209). Persons maintaining fish in a closed rearing aquarium (no water discharge) may request exemptions (on the fish propagation application form) from the Annual Fish Health Inspection and/or the Breeders License.
   2. All individuals holding a Breeders License for trout and/or salmon will be required to have annual fish health inspections, conducted by a qualified fish health inspector acceptable by the Department. However, persons maintaining fish in a closed rearing unit may be exempt from the annual fish health inspection. All fish lots on the facility shall be tested for VHS (Viral Hemorrhagic Septicemia), IPN (Infectious Pancreatic Necrosis), IHN (Infectious Hematopietic Necrosis), BKD (Renibacterium salmoninarum), ERM (Yersinia ruckeri), Aeromonas salmonicida (Furunculosis), Myxobolus cerebralis (Whirling disease), and other disease agents, that may be deemed necessary by the Commissioner. Fish health inspections will be scheduled by the fish health inspector. Individuals holding a Breeders License will be responsible for providing aid to help the fish health inspector with the collection of fish during the scheduled date of the inspection.
   3. Other species will be required to be inspected for those pathogens deemed necessary by the Commissioner with the approval of the Commissioner of Agriculture, Food and Markets.
   4. Sample sizes for each lot must be approved by the Department such as those provided for by the Fish Health Section of the (AFS) and/or the New England Salmonid Health Guidelines. (Mixed fish lots will be sampled according to the discretion of the Department.)
   5. If at any time fish are found to be infected with the causative agents of VHS (Viral Hemorrhagic Septicemia), IHN (Infectious Hematopoietic Necrosis), Whirling Disease (Myxobolus cerebralis) and/or other diseases as determined by the Commissioner to be a serious threat to the fishery resources of the State of Vermont, the Commissioner shall have the authority to impose an immediate prohibition on moving any fish. During the prohibition a compliance agreement stating the appropriate procedures for the disposal of fish and the disinfection of the facility shall be determined by the Department's appropriate representative and in consultation with the owner/operator in cooperation with a nonaffiliated fish health specialist. Other diseases as determined by the Commissioner, with the approval of the Commissioner of Agriculture, Food and Markets, to be a serious threat to the fisheries resources of the State of Vermont may also result in this action.

      The action shall be designed to bring the least amount of economic hardship to the affected party, while affording maximum protection to other operators, growers, and the fishery resources of the State of Vermont.

5. 1. Application. (5) (A)  Application.
   2. Issuance of Permit.

   (1) The applicant for a Breeders License shall apply on a form supplied by the Department and include appropriate fee. Such forms must be complete in all respects and shall contain the following information:

1. License number.
2. A description of the land or water to be utilized for propagation.
3. Information on whether the applicant is the owner or lessee of such lands or waters. If the applicant is not the owner, list the owner's name and address.
4. A map of the property and waters indicating any ingress and egress to his/her waters by public waters.
5. A map of existing and/or proposed fish rearing units, including water sources. Unit type, volume, and available water supply (gallons per minute) should be included.
6. Reason for propagating species: food fish or live sale (percent of each).
7. The complete name, common and scientific, of each fish species will be listed on the application.
8. A copy of the latest annual fish health inspection report and the fish health inspection reports of fish lots introduced to the station in the past year must be included. (See Page 2, B through E.)
9. The applicant shall sign the application.
10. A report shall be sent to the Department 30 days prior to the anniversary date of initial issuance. The report shall have an annual accounting (since submission of previous application) of all fish lots and/or eggs purchased or obtained, from who purchased or obtained, number, kind, and size of fish and/or eggs. The applicant shall sign the report. (Failure to comply will disqualify the permittee for issuance of a subsequent permit.)

    (2) Upon receipt of the application the Department shall, within 30 working days, investigate and determine if the information on the application is correct and approve or deny the application.

    1. Breeders Licenses will not be issued for: Endangered Species or Injurious Fish.
    2. If the permit application is denied, the applicant may appeal to the Commissioner for a hearing pursuant to 3 V.S.A. chapter 25.
    3. Conditional permits may be issued, based on specifications and requirements set forth by the Department.
    4. All Breeders Licenses shall expire on the anniversary date of initial issuance. Subsequent applications for a propagation permit will, if approved, receive the same breeders permit number assigned in the past.

       (6) Marking - Invoices. All persons licensed to propagate fish pursuant to this part shall provide an invoice and/or mark any box, carton, barrel, can, or other type of container or wrapper containing any propagated fish with the following information:

       (a) Name and address of propagator, supplier, or producer

       (b) License number

       (c) Species

       (d) Number and/or total weight.

       Added 1994, Fish and Wildlife Commissioner's Reg. No. 1004, eff. March 26, 1994.

§ 118. Repealed by order of the commissioner.

§ 119. Filleting fish.

No species of fish that has a length limit restriction shall be filleted or altered to restrict the determination of length while on any body of water, except as follows:

If fish are to be consumed or filleted on the water, the fillets may be removed, but the head, vertebrae, and tail must be retained and remain intact to determine legal length.

Added 1991, Fish and Wildlife Board Reg. No. 943, eff. Jan. 5, 1991.

§ 120. Special regulations - Noyes Pond.

1. Fishing in Noyes Pond shall be by fly fishing only. (Flies shall be artificial only.)
2. The flies shall be single hook only, and must be either barbless or the barb filed or crimped down.
3. Fishing from the shore of Noyes Pond and its tributaries is prohibited.
4. Fishing is permitted only between the hours of 6:00 a.m. and one (1) hour after official sunset.

   Added 1991, Fish and Wildlife Board Reg. No. 987, eff. Aug. 9, 1991.

§ 121. Rule establishing a list for prohibited, restricted and unrestricted fish species.

1. Authority.
2. This rule is adopted pursuant to 10 V.S.A §  4081(a) which provides that the protection, propagation, control, management, and conservation of fish, wildlife, and furbearing animals in this State is in the interest of the public welfare and that the safeguarding of these valuable resources for the people of the State requires a constant and continual vigilance.
3. 10 V.S.A. § 4605(c)(3) provides that the Commissioner may, by rule, adopt a list of fish which, if introduced into Vermont waters, have the potential to cause harm to the fish population of the State.
4. Purpose.
5. It is the purpose of this regulation to carry out the mandate of the Vermont General Assembly to control through a permit program the importation and possession of fish species as provided in 10 V.S.A.  § 4605(c)(3) to guard the health of Vermont's fish populations by preventing the introduction of fish species that could have the potential to cause harm to fish populations of the State.
6. Definitions.
7. "Fish" means all live fresh- and salt-water fish species including viable fish ovum and viable fish semen.
8. "Transgenic Fish" means any fish that possesses a novel combination of genetic material obtained through the use of modern biotechnology.  This definition does not include diploid, triploid, or hybrid-crossed fish.
9. "Department" means Vermont Fish and Wildlife Department.
10. "Commissioner" means Fish and Wildlife Department Commissioner.
11. "Person" means an individual, association, corporation, partnership, or municipality, or other entity.
12. "State" means State of Vermont.
13. Importation and Possession of Live Fish.
14. This rule establishes a list by which the importation and possession of fish shall be regulated.
15. Prohibited Fish Species Section: Fish species for which importation into or possession within Vermont shall be prohibited except through a Commissioner's Prohibited Fish Species Permit.  This section of the list primarily includes species not native to the State that are known to pose a threat to Vermont's fish populations and/or aquatic ecosystems.
16. Restricted Fish Species Section: This section of the list primarily includes native and certain naturalized fish species which although they may not require a Commissioner's Prohibited Fish Species Permit as set out in 4.1.1 above, may be regulated through other department permits including but not limited to 10 V.S.A. § 4605(b) Importation of Fish; 10 V.S.A. § 5403 , Protection of Endangered and Threatened Species; and 10 V.S.A. App. § 122, Fish Regulations.
17. Unrestricted Fish Species Section: This section of the list primarily includes species commonly imported into the State for the pet or aquarium trade and are currently considered to pose minimal or no risk to Vermont fish populations.  A Commissioner's Prohibited Fish Species Permit is not required to import or possess these species. Additionally, any species not on the Unrestricted, Restricted and Prohibited lists and which natural global distribution range occurs entirely within the bounds of the 30ø north latitude and the 30ø south latitude may be imported or possessed in Vermont without prior review and approval of the Commissioner.  Notwithstanding the foregoing, an importation permit is required for any fish brought into the State which are intended to be introduced into waters of the State as per 10 V.S.A. § 4605(b) , and no fish shall be introduced into any waters except private ponds lacking access to other waters of the State as per 10 V.S.A. § 4605(a) .
18. All fish species not included in the sections of the list covered by 4.1.2 (Restricted Fish Species Section) and 4.1.3 (Unrestricted Fish Species Section) shall also be considered to be Prohibited Fish Species.
19. The importation and/or possession of transgenic fishes shall be prohibited unless explicitly included in the Unrestricted Fish Species section.
20. Review, Revision & Maintenance of List.
21. The Commissioner may review and revise the species contained within the list.  The public may submit any species of fish for consideration of inclusion in this list by submitting a written request with relevant documentation.
22. The Department shall maintain an up-to-date list of prohibited, restricted, and unrestricted fish species and shall make this list available on the Department's website, from the Department's headquarters and from the Department's district offices.
23. Permits.
24. Prohibited Fish Species Permits.  The Commissioner may issue a Commissioner's Prohibited Fish Species Permit allowing importation and possession of a fish on the Prohibited Fish Species section of the list.
25. In issuing a permit, the Commissioner shall consider:
    1. How the fish are being kept in a controlled environment including but not limited to artificial tanks without inflow or outflow, and; without connection to waters of the State;
    2. Whether the purpose is for research;
    3. Whether the purpose is for education;

       c (d) Whether it is for public purpose;

       c (e) Whether there are available alternatives;

       c (f) The health of native or naturalized fish species.

26. A permit issued under this subsection shall include conditions that ensure the health and safety of Vermont's fish population.
27. Restricted Fish Species Permits.  Fish in the Restricted Fish Species section do not require a Commissioner's Prohibited Fish Species Permit.  However, as noted in paragraph 4.1.2 above, other Department permits may be required to import and/or possess fish listed in the Restricted Fish Species section.
28. Permit Applications.
29. Applications for Commissioner's Prohibited Fish Species Permits shall be complete and submitted to the Department on an application form to be provided by the Department. For an application to be considered complete, it shall be legible, shall contain all information requested by the Department, shall contain no false statements, shall bear the applicant's official signature and shall be accompanied by the required application fee.
30. With regard to all fish, the applicant shall present to the Department, as a requirement of the permit, written fish health inspection reports as the Department may specify, and invoices clearly indicating the source of the fish to be imported.  Fish health inspection reports shall be made by a qualified fish health inspector acceptable to the Department.
31. Inspections.
32. Persons holding a Commissioner's Prohibited Fish Species Permit shall allow inspection at reasonable times of their premises, facilities, records, and fish by the Commissioner or the Commissioner's designee(s).
33. The issued permit shall be available for inspection by the Commissioner or the Commissioner's designee(s).
34. Quarantine, Destruction or Sterilization Where Disease and/or Harmful Species are Present.
35. The Department may require a period of quarantine and treatment, the destruction of fish, and/or order remedial action if necessary, if a harmful fish species and/or fish pathogen is confirmed.  This shall occur at the expense of the owner.

    SEE ORIGINAL TO VIEW IMAGE

    Added 2009, Fish and Wildlife Board Reg., eff. Jan. 10, 2010; amended 2018 Fish and Wildlife Reg., eff. Feb. 1, 2018.

§ 122. Fish Management Regulation. Section 122 effective until January 1, 2022; see also section 122 effective January 1, 2022 set out below.

1. Authority.

   This rule is adopted pursuant to 10 V.S.A. § 4081(b) . In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and furbearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance.

   In accordance with 10 V.S.A. § 4082 , this rule is designed to maintain the best health, population and utilization levels of Vermont's fisheries.

   In accordance with 10 V.S.A. § 4083 , this rule establishes open seasons; establishes daily, season, possession limits and size limits; prescribes the manner and means of taking fish; and prescribes the manner of transportation and exportation of fish.

2. Purpose.

   It is the policy of the State that the protection, propagation control, management and conservation of fish, wildlife, and furbearing 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.

3. Open-Water Fishing, legal methods of taking fish.
4. Definitions
5. Department - Vermont Department of Fish and Wildlife.
6. Commissioner - Vermont Department of Fish and Wildlife Commissioner.
7. Open-water fishing - Fishing by means of hook and line in hand or attached to a rod or other device in open water. Fishing by casting or trolling baited hooks, artificial flies or lures is considered open-water fishing.
8. Baited Hook - A single shank hook with 1, 2, or 3 points which may be baited with natural or artificial bait or both.
9. Lure - A man-made device designed to catch only 1 fish at a time, to include a spoon, plug, spinner, bait harness, tandem hook streamer or lead head jig.
10. Fly - A single pointed hook dressed with feathers, hair, thread, tinsel, or any similar material wound on or about the hook to which no hooks, spinners, spoons, or similar devices have been added.
11. Handheld Spear - A manually powered spear used from above the water's surface.
12. Speargun - A pneumatic or rubber band powered device, with a line not to exceed 20 feet attached to a spear, used from below the water's surface.
13. Cull Fish - Carp, tench, rudd, shad (alewife and gizzard shad), and goldfish. Additional invasive/exotic fish species may be designated by the Commissioner as "cull fish."
14. Immediate Control - Such constant control as would enable the angler to respond forthwith to a fish taking their bait, lure or fly promptly and without any delay.
15. Snagging - Snagging shall mean the intentional hooking of a fish in a place other than the inside of the fish's mouth.  No person shall pull, jerk or otherwise purposefully and/or repeatedly manipulate a hook, or hooks and line to snag or hook a fish in any method other than to entice a fish into taking, by mouth, a hook, lure or fly. Repeated and/or exaggerated jerking or pulling of the fishing line and/or hooks in any attempt to snag fish, whether it results in physically snagging a fish or not, shall be prima facie evidence that snagging has taken place.  This shall not apply to the use of a gaff to land a fish that has been legally hooked.
16. Whether still fishing, casting, or trolling in Vermont waters, a person may take fish only by using not more than two lines over which he or she has immediate control and to each of which lines is attached not more than two baited hooks, or more than three artificial flies, or more than two lures with or without bait, except that at Seymour Lake and Little Averill Lake a person may take fish only by using not more than one line.
17. A person open-water fishing shall not take fish through the ice, from the ice, or from an object supported by the ice.
18. A person shall not take any fish pursuant to subsection (3.2) unless it is hooked in the mouth. Any fish taken under subsection (3.2) that is not hooked in the mouth shall be immediately released pursuant to 10 V.S.A. §  4602. A fish hooked in any part of the body other than in the mouth shall be considered to be foul hooked, and shall be prima facie evidence of foul hooking.
19. Taking or attempting to take fish by snagging is prohibited in all Vermont Waters.
20. Ice Fishing.
21. Definitions
22. Ice Fishing - Ice fishing is defined as fishing by means of hook and line in hand or attached to a rod, tip-up, jack or bob, where the angler is fishing through a hole in the ice, from the ice or on an object supported by the ice.  Fishing by casting or trolling baited hooks, artificial flies or lures shall not be considered ice fishing.
23. Fish may be taken through the ice with not more than two baited hooks or three artificial flies or two lures on each line. A person shall not operate more than eight lines, except on Lake Champlain where no more than 15 lines may be operated, and except on Seymour and Little Averill Lakes, where not more than four lines may be operated.
24. A person ice fishing shall at all times, have immediate control over all lines they operate. A person ice fishing shall be able to visually observe lines they operate. Any line that indicates a fish shall be tended with 30 minutes.
25. A person shall not take any fish pursuant to subsection (4.2) unless it is hooked in the mouth. Any fish taken under subsection (4.2) that is not hooked in the mouth shall be immediately released pursuant to 10 V.S.A. § 4602 . A fish hooked in any part of the body other than in the mouth shall be considered to be foul hooked, and shall be prima facie evidence of foul hooking.
26. The definitions of section 3 are applicable to this section.
27. Taking or attempting to take fish by snagging is prohibited in all Vermont Waters.
28. Lake Champlain Boundaries.

    Lake Champlain proper shall be considered to include the setback at the same level and the major tributaries to the lake to the following boundaries:

    Dead Creek to Panton Road bridge in Panton;

    East Creek to the falls in Orwell (downstream of Mount Independence Road);

    Lamoille River to the top of first dam (Peterson Dam) in Milton;

    LaPlatte River to the falls in Shelburne (under Falls Road bridge);

    Lewis Creek to falls in North Ferrisburgh (just upstream of Old Hollow Road);

    Little Otter Creek to falls in Ferrisburgh Center (downstream of Little Chicago Road);

    Malletts Creek to the first falls upstream of Roosevelt Highway (US 2 and US 7) in Colchester;

    Mill River in Georgia to the falls in Georgia (just upstream of Georgia Shore Road bridge);

    Missisquoi River to the top of Swanton Dam in the Village of Swanton;

    Mud Creek to the dam in Alburg (just upstream of Route 78 bridge);

    Otter Creek to the top of the dam in the city of Vergennes;

    Poultney River to Central Vermont Power Dam at Carver Falls in West Haven;

    Rock River to first Canadian border crossing;

    Winooski River to the Winooski One hydropower dam west of Main Street (US 7) in Winooski and Burlington;

29. Clyde River: Catch and Release.

    Between September 1 and October 31, on the Clyde River from Lake Memphremagog upstream to Charleston Dam (Lubber Lake), West Charleston, a person may fish with artificial flies and lures only, and all salmon caught must be released.

30. Seasonally Closed Waters.
31. The following lakes and ponds or portions thereof are hereby designated seasonally closed waters and shall be closed to all fishing except during the open season for trout as provided in section 8 of these regulations:

    Adams Reservoir, Woodford

    Ansel Pond, Bethel

    Baker Pond, Barton

    Bald Hill Pond, Westmore

    Bean Pond, Sutton

    Beaver Pond, Holland

    Beck Pond, Newark

    Beebe Pond, Sunderland

    Big Averill Lake, Norton and Averill

    Big Mud Pond, Mt. Tabor

    Blake Pond, Sutton

    Bourn Pond, Sunderland

    Branch Pond, Sunderland

    Brown Pond, Westmore

    Caspian Lake, Greensboro

    Center Pond, Newark

    Colby Pond, Plymouth

    Cow Mountain Pond, Granby

    Crystal Lake, Barton

    Duck Pond, Sutton

    Dufresne Pond, Manchester

    East Long Pond, Woodbury

    Echo Lake, Charleston

    Ewell Pond, Peacham

    Forest Lake, Averill

    Goshen Dam (Sugar Hill Reservoir), Goshen

    Griffith Lake, Mt. Tabor

    Hapgood Pond, Peru

    Hartwell Pond, Albany

    Holland Pond, Holland

    Jobs Pond, Westmore

    Knapp Brook Pond No. 1, Reading and Cavendish

    Knapp Brook Pond No. 2, Reading and Cavendish

    Lake Dunmore-Salisbury and Leicester - Except from Sucker Brook to the island south, which shall be open.

    Levi Pond, Groton

    Lewis Pond, Lewis

    Little Averill Lake, Averill

    Little Elmore Pond, Elmore

    Little Rocky Pond, Wallingford

    Long Pond, Newbury

    Long Pond, Westmore

    Maidstone Lake, Maidstone

    Marl Pond, Sutton

    Martins Pond, Peacham

    May Pond, Barton

    McIntosh Pond, Royalton

    Mud Pond, Hyde Park

    Nelson Pond (Forest Lake), Calais and Woodbury

    Nichols Pond, Woodbury

    North Pond, Chittenden

    Norton Pond, Norton

    Notch Pond, Ferdinand

    Noyes (Seyon) Pond, Groton

    Peacham Pond, Peacham

    Perch Pond, (Zack Woods Pond), Hyde Park

    Pigeon Pond, Groton

    Red Mill Pond, Woodford

    Seymour Lake, Morgan

    Shadow Lake, Glover

    Silver Lake, Leicester

    South America Pond, Ferdinand

    South Pond, Marlboro

    Spring Lake, Shrewsbury

    Stannard Pond, Stannard

    Sterling Pond, Cambridge

    Stoughton Pond, Weathersfield

    Stratton Pond, Stratton

    Sunset Lake, Benson

    Unknown Pond, Averys Gore

    Unknown Pond, Ferdinand

    Vail Pond, Sutton

    Vernon Hatchery Pond, Vernon

    West Mountain Pond, Maidstone

    Wheeler Pond, Barton and Sutton

    Willoughby Lake, Westmore

    Zack Woods, (Perch Pond), Hyde Park

32. All streams are hereby designated seasonally closed waters and shall be closed to all fishing except during the open season for trout as provided in section 8 of these regulations; and
33. except that the following streams shall be open to trout fishing only, and no fishing for other species shall be allowed, from November 1 to the Friday before the second Saturday in April, as set forth in Table 7.2.2.
34. : STREAMS OPEN TO FISHING FOR TROUT ONLY FROM NOVEMBER 1 TO THE FRIDAY BEFORE THE SECOND WEEK IN APRIL
35. Fish - Open Seasons, Size Restrictions and Daily Bag Limits.

    Fish of the species named or described in the tables set forth below may be taken:

    In the waters specified in column 1, by the method specified in column 2, during the open season specified in column 3.

    Provided they meet any size restrictions specified in column 4., and only in numbers listed under daily bag limits specified in column 5., under no circumstances may a person take in one day, more than the daily bag or weight limit from a listed body of water. No person may take in aggregate more than the daily State-wide aggregate limit for any species listed.

    Businesses may buy lawfully taken fish, with the approval of the Commissioner, pursuant to the Commercial angling rules set forth in 10 V.S.A. App. 123.

36. Possession limits are equal to twice the daily bag limits. Fish species with limit restrictions may not be possessed in excess of the possession limits at any time.
37. No person shall have live fish in their possession that are transported in a manner which attempts to keep them alive when leaving waters of the State ( 10 V.S.A. § 1251(13) ), except as follows:
38. .1 the person has been issued a Commercial Bait Dealers Permit by the Commissioner,
39. .2 the person has been issued scientific collection permit by the Commissioner which specifically approves of the activity,
40. .3 the person has been issued a fish transportation permit by the Commissioner which specifically approves of the activity,
41. .4 the person has been issued a fish breeders permit or fish importation permit by the Commissioner which specifically approves of the activity.
42. The daily bag limit for a fish species on a water body with a closed season for that fish species is zero.
43. "General waters" restrictions are the provisions applicable to all waters of the State, except the waters specifically named or described.
44. Unless otherwise specifically provided, fish not listed in this regulation may be taken at any time and without size or catch limit, in waters not listed as seasonally closed waters in Section 7 of these regulations.
45. Open Seasons, Size Restrictions and Daily Bag Limits Tables
46. STATEWIDE AGGREGATE DAILY BAG LIMITS
47. BROOK, BROWN AND RAINBOW TROUT
48. TROPHY TROUT STREAMS
49. RAINBOW TROUT (Including STEELHEAD) / BROWN TROUT
50. BROOK, BROWN, RAINBOW, LAKE TROUT AND SALMON - 2 FISH AGGREGATE LIMITS
51. STREAMS OPEN TO YEAR ROUND TROUT FISHING
52. LAKE TROUT AND SALMON
53. SPECIAL ICE FISHING PROVISIONS FOR BROOK, BROWN,
54. SPECIAL REGULATION TROUT STREAMS
55. ANADROMOUS ATLANTIC SALMON
56. AMERICAN SHAD
57. BOWFIN, REDHORSE SUCHER MULLET, LONGNOSE GAR.
58. SUCKER (LONGNOSE AND WHITE), and CULL FISH
59. BULLHEAD
60. NORTHERN PIKE
61. CHAIN AND REDFIN PICKEREL
62. MUSKELLUNGE
63. SMELT
64. BLACK AND WHITE CRAPPIE
65. YELLOW PERCH
66. LARGEMOUTH AND SMALLMOUTH BASS
67. WALLEYE
68. SAUGER

    Spawning grounds for game fish - generally.

69. The below listed waters are declared spawning grounds for game fish and are hereby closed to the taking of fish from second Saturday in April through May 31 annually.

    Chittenden County

    Joiner Brook, Bolton - From the confluence of the Winooski River upstream approximately 1,900 feet to the first falls.

    Pinneo Brook, Bolton - From the confluence of the Winooski River upstream approximately 100 feet to the railroad crossing.

    Preston Brook, Bolton - From the confluence of the Winooski River upstream approximately 2,600 feet to the first falls.

    Orleans County

    Black River - From 600 feet below the falls at Old Harman Mill in Coventry upstream to the top of falls at Old Harman Mill in Coventry.

    Ware Brook - From the downstream edge of the furthest downstream bridge/culvert on Back Coventry Road (TH #8 in Irasburg) upstream approximately one mile to top of the first major natural falls on Ware Brook.

    Alder (Stony) Brook - From its confluence with the Black River upstream 3 1/2 miles to the outlet of Sargent Pond, in Coventry.

    Willoughby River - From the confluence of the Brownington Branch of the Willoughby River in Brownington upstream to the downstream edge of the bridge on Vermont Route 58 in the village of Evansville (Brownington); and from the downstream edge of bridge on the Tarbox Hill Road in Orleans Village upstream to the top of the natural falls upstream of the bridge on Tarbox Hill Road in Orleans Village.

    Dorin, Wells, Myers, Schoolhouse and Mill Brooks - From mouth of brooks at Lake Willoughby upstream approximately 3/4 mile in Dorin Brook, all of Wells Brook, 1/2 mile in Myers Brook, 1/4 mile in the Schoolhouse Brook and 1/4 mile in Mill Brook and tributaries, all in Westmore. For identification purpose these brooks are arranged in order from north to south, and flow through Vermont Agency of Transportation structures on Route 5A number 10, 9, 8, 7 and 6, respectively.

    Brownington Branch of the Willoughby River in Brownington - From its confluence at the Willoughby River extending upstream to the second road crossing on Brownington Chilafoux Road (TH #15). Said crossing is located approximately 2.4 miles from Brownington Center on Chilafoux Road (TH #15).

    Country Club Brook - From its confluence with the Willoughby River extending upstream to Hollow Road (TH #14) in Barton.

    Porter Brook, Greensboro - From Caspian Lake upstream to its headwaters. (1987, Fish and Wildlife Commissioner's Reg. No. 970, eff. April 1, 1987.)

    Johns River - From the downstream edge of the bridge on Beebe Road (TH #3) upstream approximately two tenths of a mile to the downstream edge of bridge on Elm Street (TH #2) in Derby.

    Outlet Brook - From the highway bridge near Echo Lake in Charleston upstream to the top of dam at outlet of Seymour Lake.

    Washington County

    Chase Brook - From its confluence with the Dog River upstream approximately 1/2 mile to the top of the natural falls in Berlin.

    Ridley Brook, Duxbury - From the confluence of the Winooski River upstream approximately 1,700 feet to the first falls.

    Windsor County

    Lilliesville Brook in the Town of Stockbridge from its confluence with the White River upstream to the 2nd bridge on the Lilliesville Brook Road.

    Locust Creek in Bethel from its confluence with the White River upstream to the 2nd bridge on Rt. 12.

70. The below named waters are closed from March 16 through May 31:

    Chittenden County

    Lamoille River - From the downstream edge of the bridge on Bear Trap Road in Milton (referred to as the West Milton Bridge upstream to the top of first dam (Peterson Dam)) in Milton.

    Winooski River - From the Winooski One Hydro dam west of Main Street (US 7) in Winooski and Burlington and extending downstream to the downstream side of the first railroad bridge.

    Franklin County

    Missisquoi River - From the top of the Swanton dam in the Village of Swanton downstream approximately 850 feet to the water treatment plant on the west side of the river, and downstream approximately 850 feet to the upstream end of the cement breakwater on the east side of the river. (1988, Fish and Wildlife Board Reg. No. 975, eff. April 7, 1988.)

71. The below named waters are closed from March 16 to the Friday before the 1st Saturday in May, both dates inclusive:

    Franklin County

    Missisquoi River - From the top of the Swanton Dam in the Village of Swanton extending downstream 5,120 feet to the Northwest corner (downstream) of the Riverside Cemetery and across the river to a pole on the Northeast bank.

72. The below named waters are closed to fishing year-round:

    Orleans County

    Clyde River - From 260 feet below the top of the abandoned Mill Dam immediately upstream of the Number 1, 2, 3 hydroelectric powerhouse in Newport City, upstream to the top of the abandoned Mill Dam immediately upstream of the Number 1, 2, 3 hydroelectric powerhouse in Newport City.

73. The below named waters are closed from October 1 through October 31:

    Orleans County

    Johns River - From the downstream edge of the first bridge (culvert) upstream of Lake Memphremagog on North Derby Road (TH #6) upstream to U.S. 5, in Derby.

    Added 1961, No. 119 , § 2, eff. May 9, 1961; amended 1963, Fish and Game Board Reg. No. - , eff. Aug. 23, 1963; 1966, Fish and Game Board Reg. No. - , eff. Jan. 1, 1967; 1968, Fish and Game Board Reg. No. - , eff. Jan. 1, 1969; 1971, Fish and Game Board Reg. No. 840, eff. March 19, 1971; 1971, Fish and Game Board Reg. No. - , eff. June 21, 1971; 1973, Fish and Game Board Reg. No. 866, eff. Jan. 20, 1973; 1974, Fish and Game Board Reg. No. 892, eff. Dec. 26, 1974; 1975, Fish and Game Board Reg. No. 895, eff. Jan. 1, 1976; 1976, Fish and Game Board Reg. No. 899, eff. Jan. 1, 1977; 1977, Fish and Game Board Reg. No. 904, § 5, eff. Jan. 1, 1978; 1977, No. 245 (Adj. Sess.), § 1, eff. Apr. 17, 1978; 1978, Fish and Game Board Reg. No. 906, eff. Oct. 21, 1978; 1979, Fish and Game Board Reg. No. 913, eff. Nov. 21, 1979; 1980, Fish and Game Board Reg. No. 915, eff. June 30, 1980; 1980, Fish and Game Board Reg. No. 926, §§ 1-7, eff. Jan. 1, 1981; 1983, Fish and Game Board Reg. No. 936, §§ 1, 5, eff. Jan. 1, 1983; 1983, Fish and Game Board Reg. No. 942, eff. June 9, 1983; 1983, Fish and Game Board Reg. No. 946, eff. Oct. 17, 1983; 1984, Fish and Wildlife Board Reg. No. 950, eff. Sept. 17, 1984; 1984, Fish and Wildlife Board Reg. No. 951, eff. Sept. 17, 1984; 1985, No. 953 , eff. Jan. 1, 1985; 1985, No. 49 ; 1986, No. 962 , eff. June 6, 1986; 1987, Fish and Wildlife Board Reg. No. 971, eff. Sept. 17, 1987; 1990, Fish and Wildlife Board Reg. No. 980, eff. Feb. 23, 1990; 1991, Fish and Wildlife Board Reg. No. 982, eff. Jan. 5, 1991; 1991, Fish and Wildlife Board Reg. No. 990, eff. Sept. 1991; 1993, Fish and Wildlife Board Reg. No. 998, eff. March 23, 1993; 1995, Fish and Wildlife Board Reg. No. 1003, eff. Jan. 2, 1996; 1997, Fish and Wildlife Board Reg. No. 1003, eff. Nov. 1, 1997; 1999, Fish and Wildlife Board Reg. No. 1003, eff. March 13, 1999; 2000 Fish and Wildlife Board Reg. No. 1003, eff. Oct. 7, 2000; 2003, Fish and Wildlife Board Reg. No. 1003, eff. Dec. 6, 2002; 2004, Fish and Wildlife Board Reg. No. 1003, eff. June 4, 2004; 2005, Fish and Wildlife Board Reg. No. 1003, eff. July 21, 2005; 2005A, Fish and Wildlife Board Reg. No. 1003, eff. March 31, 2006; 2007, Fish and Wildlife Board Reg. No. 1003, eff. Sept. 1, 2006; 2008, Fish and Wildlife Board Reg. No. 1003, eff. Jan. 1, 2009; 2010 Fish and Wildlife Reg. effective Jan. 1, 2011; 2013 Fish and Wildlife Reg. eff. Jan. 1, 2014; 2015 Fish and Wildlife Reg. eff. Jan. 1, 2016; 2017 Fish and Wildlife Reg. eff. Jan. 1, 2018; 2018 Fish and Wildlife Reg. eff. Jan. 1, 2019.

1. Waters      2. Methods      3. Season       4. Size         5. Daily Bag                                                Restrictions    Limit Listed below:  Artificial fly                or lure only    November 1 to                                the Friday                                before the 2nd                                Saturday in                                April:          Catch and                                                release only    Zero-All trout                                                                must be                                                                immediately                                                                released to                                                                the water                                                                where taken: Black River From the top of the Lovejoy Dam in Springfield upstream to the Howard Hill Road Bridge in Cavendish. Deerfield River From the Woods Road (Medburyville) bridge in Wilmington upstream approximately 2 miles to the VT Route 9W bridge in Searsburg. East Creek (Rutland City) From the confluence with Otter Creek upstream (approximately 2.7 miles) to the top of the Patch Dam in Rutland City. Hoosic River From the Vermont/New York border upstream to the Vermont/Massachusetts border. Lamoille River From the top of the hydroelectric dam at Fairfax Falls upstream to the top of the Cady's Falls Dam in Morristown. Moose River From the confluence with Passumpsic River upstream to the downstream edge of the Concord Avenue bridge in St. Johnsbury. Otter Creek From the top of the Center Rutland Falls in Rutland upstream to the Danby-Mt. Tabor Forest Road Bridge (Forest Road #10) in Mt. Tabor. Passumpsic River From the Connecticut River boundary upstream to the top of Arnolds Falls Dam in St. Johnsbury. Walloomsac River From the Vermont/New York border in Bennington upstream to the top of the former Vermont Tissue Plant Dam (downstream of Murphy Road) in Bennington. Winooski River From the top of the Bolton Dam  in Waterbury and Duxbury upstream to the VT Route 2/100 in Duxbury and Waterbury.

(Maximum number of a fish species that may be taken in one day)

FISH SPECIES DAILY AGGREGRATE LIMITS Brook Trout 12 fish Brown and Rainbow Trout Maximum Combination of 6 fish Lake Trout 2 fish, (3 if taken from Lake Champlain) Salmon 2 fish Large and Smallmouth Bass Maximum combination of 5 fish Northern Pike 5 fish Chain Pickerel 10 fish Muskellunge 0 fish Walleye 3 fish Black and White Crappie 25 fish American Shad 0 fish Yellow Perch 50 fish Yellow Perch exception Lake Champlain - No daily limit Sauger 0 fish

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limit General waters. (except as listed below) Open-water fishing Second Saturday in April through October 31 No restriction 6 trout Lake Champlain Open-water and ice fishing No closed season Minimum length of 12 inches 3 trout Rivers and Streams Open-water fishing Second Saturday in April through October 31 No restriction 12 trout, of which not more than 6 can be brown and/or rainbow

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limit Listed Below: Open-water fishing Second Saturday in April through October 31 No restriction 2 trout in aggregate Black River along Rt. 131 in Weathersfield and Cavendish, - from Downers covered bridge upstream (approximately 4 miles) to the next bridge across the river, The Howard Hill Bridge. East Creek in Rutland City - From the confluence with Otter Creek upstream (approximately 2.7 miles) to the top of the Patch Dam in Rutland City. Lamoille River From the downstream edge of the bridge on Route 104 in the Village of Fairfax upstream (approximately 1.6 miles) to the top of the Fairfax Falls Dam in Fairfax. Little River - From the confluence with Winooski River in Waterbury upstream to the top of the Waterbury Reservoir Dam in Waterbury. Missisquoi River in Enosburg and Sheldon - From the downstream edge of Kane Road (TH-3) bridge upstream (approximately 5.7 miles) to the top of the Enosburg Falls Dam in Enosburg Falls. Otter Creek in Danby and Mt. Tabor - From the Vermont Railway Bridge north of the fishing access upstream (approximately 2 miles) to the Danby-Mt. Tabor Forest Rd. Bridge (Forest Road # 10). Passumpsic River in the Village of St. Johnsbury - From the top of the Gage Dam in St. Johnsbury upstream (approximately 2.4 miles) to the top of the Arnold Falls Dam. Moose River -- From the confluence with the Passumpsic River upstream (approximately 350 feet) to the downstream edge of the Concord Avenue bridge in the Village of St. Johnsbury. Walloomsac River in Shaftsbury and Bennington - From the Vermont/New York border in Shaftsbury upstream to the top of the former Vermont Tissue Plant Dam (downstream of Murphy Road) in Bennington. Winooski River in Duxbury and Waterbury - From the top of the Bolton Dam in Duxbury and Waterbury upstream to the Route 2 Bridge (east side of Waterbury Village).

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limit Listed Below: Open-water fishing Second Saturday in April through October 31 Minimum length of 10 inches 2 trout Lakes and Ponds Caspian Lake, Greensboro Echo Lake, Charleston Lake Memphremagog (including South Bay), Coventry, Derby, Newport City and Newport; Willoughby Lake, Westmore Rivers and Streams: Orleans County: Barton River - From Lake Memphremagog upstream to the downstream side of the US Route 5 bridge southernmost and closest to the Village of Barton in Barton. Black River - From Lake Memphremagog upstream to the downstream side of the VT Route 14 / 58 bridge in Irasburg. Johns River - From the downstream edge of the first bridge (culvert) upstream of Lake Memphremagog on North Derby Road (TH #6) upstream to U.S. 5, in Derby. Willoughby River - The entire Willoughby River, from confluence with Barton River in Barton upstream to the Willoughby Lake outlet in Westmore.

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limit Listed below: Open-water fishing Second Saturday in April through October 31 See regulations for specific bodies of waters Two fish in aggregate Big Averill Lake, Norton and Averill Caspian Lake, Greensboro Center Pond, Newark Crystal Lake, Barton East Long Pond, Woodbury Echo Lake, Charleston Elligo Lake, Craftsbury and Greensboro Forest Lake (Nelson Pond), Calais and Woodbury Harveys Lake, Barnet Jobs Pond, Westmore Lake Dunmore, Salisbury Lake Memphremagog (including South Bay), Coventry, Derby, Newport City and Newport Little Averill Lake, Averill Long Pond, Westmore Maidstone Lake, Maidstone Martins Pond, Peacham Nelson Pond (Forest Lake), Calais and Woodbury Nichols Pond, Woodbury Seymour Lake, Morgan Shadow Lake, Glover Spring Lake, Shrewsbury Sunset Lake, Benson Willoughby Lake, Westmore.

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limit The following portions of the specified rivers shall be open to fishing for trout year round: (Listed below) Artificial fly or lure only, except during the open season for trout. No closed season for catch and release only Catch and release only Zero - All trout must be immediately returned to the waters where taken, except during the open season, limits apply in accordance with the river selected. Open season; from the 2nd Saturday in April through October 31 During the open season follow any species restrictions for the selected river Black River - From the Connecticut River boundary upstream to the top of the Lovejoy Dam in Springfield. Lamoille River - From the Lake Champlain boundary (top of Peterson Dam in Milton) upstream to the top of the hydroelectric Dam at Fairfax Falls. Lewis Creek - From the Lake Champlain boundary upstream to the State Prison Hollow Road (TH #3) bridge in Starksboro. Missisquoi River - From Lake Champlain boundary upstream to the top of the Enosburg Falls Dam in Enosburg Falls. Ompompanoosuc River - From the Connecticut River boundary upstream to the Union Village Dam in Thetford. Otter Creek - From the Lake Champlain boundary upstream to top of Center Rutland Falls in Rutland. Waits River - From the Connecticut River boundary upstream to the top of the Central Vermont Power Dam in Bradford. West River - From the Connecticut River boundary upstream to the Townshend Dam in Townshend. White River - From the Connecticut River boundary upstream to the bridge on Route 107 in Bethel. Williams River - From the Connecticut River boundary upstream to the top of the dam at Brockway Mills Falls in Rockingham. Winooski River - From the Lake Champlain boundary upstream to the Bolton Dam in Duxbury and Waterbury.

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limit General Waters (except as listed below) Open-water fishing Second Saturday in April through October 31 Salmon - Minimum length of 15 inches Lake Trout - Minimum length of 18 inches 2 Lake Trout or 2 Salmon or 1 of each Lake Champlain Open-water and ice fishing No Closed Season Lake Trout and Salmon - Minimum length of 15 inches 3 Lake Trout and 2 Salmon Little Averill Lake and Seymour Lake Open-water fishing, with not more than 1 line Angling: second Saturday in April through October 31 Lake Trout - Minimum length of 20 inches 1 Lake Trout and 1 salmon or 2 Salmon Ice fishing with not more than 4 lines Ice fishing: third Saturday in January through March 15 Salmon - Minimum length of 15 inches Clyde Pond, Salem Lake, Little Salem Lake, and Clyde River from Lake Memphremagog upstream to Citizen's Charleston Dam (Lubber Lake), West Charleston Open-water fishing Second Saturday in April through August 31 Lake Trout - Minimum length of 18 inches 2 Lake Trout or 2 Salmon or 1 of each Salmon - Minimum length of 17 inches Open-water fishing: Clyde River from Lake Memphremagog to Charleston Dam - Artificial flies and lures only September 1 through October 31 Lake Trout - Minimum length of 18 inches 2 Lake Trout, 0 Salmon (all salmon must be immediately released Lake Memphremagog (including South Bay Open-water fishing Second Saturday in April through October 31 Lake Trout - Minimum length of 18 inches 2 Lake Trout or 2 Salmon or 1 of each Ice Fishing Third Saturday in January through March 15 Salmon - Minimum length of 17 inches Listed Below: Open-water fishing Second Saturday in April through October 31 Lake Trout - Minimum length of 18 inches 2 Lake Trout or 2 Salmon or 1 of each Salmon - Minimum length of 17 inches Orleans County: Barton River - From Lake Memphremagog upstream to the downstream side of the US Route 5 bridge southernmost and closest to the Village of Barton in Barton. Black River - From Lake Memphremagog upstream to the downstream side of the VT Route 14 / 58 bridge in Irasburg. Johns River - From the downstream edge of the first bridge (culvert) upstream of Lake Memphremagog on North Derby Road (TH #6) upstream to U.S. 5, in Derby. Willoughby River - The entire Willoughby River, from confluence with Barton River in Barton upstream to the Willoughby Lake outlet in Westmore.

RAINBOW, LAKE TROUT, SALMON AND BASS

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limit Listed below: Ice Fishing Third Saturday in January through March 15 See species restriction for individual body of water See species restriction for individual body of water Big Averill Lake, Norton and Averill; Big Salem Lake, Derby; Caspian Lake, Greensboro; Chittenden Dam, Chittenden; Crystal Lake, Barton; Echo Lake, Charleston; Echo Lake, Plymouth; Eden Lake, Eden; Elligo Lake, Craftsbury and Greensboro; Glen Lake, Castleton, Fair Haven, and Benson; Harriman Reservoir, Whitingham and Wilmington; Harveys Lake, Barnet; Island Pond, Brighton; Joes Pond, Cabot, Danville; Lake Bomoseen, Castleton and Hubbardton; Lake Dunmore, Leicester, and Salisbury; Lake Fairlee, Thetford, West Fairlee, Fairlee; Lake Hortonia, Sudbury, Hubbardton; Lake Memphremagog (including South Bay), Coventry, Derby, Newport City and Newport; Lake Morey, Fairlee; Lake Rescue, Ludlow; Lake St. Catherine, Wells, Poultney; Little Averill Lake, Averill; Little Salem Lake, Derby; Maidstone Lake, Maidstone; Marshfield Dam (Molly's Falls Reservoir), Cabot; Miles Pond, Concord; Nelson Pond (Forest Lake), Calais and Woodbury; Newark Pond, Newark Norton Pond, Norton; Parker Pond, Glover; Peacham Pond, Peacham; Pensioner Pond, Charleston; Seymour Lake, Morgan; Shadow Lake, Glover; Somerset Reservoir, Somerset; Sunset Lake, Benson; Wallace Pond, Canaan; Waterbury Reservoir, Waterbury; Willoughby Lake, Westmore; Woodbury Lake, (Sabin Pond), Calais and Woodbury

1. Waters 2. Method 3. Season 4. Size 5. Daily Bag Restrictions Limit White River - From the confluence with Lilliesville Brook in Stockbridge downstream 3.3 miles to 220 ft. downstream of the confluence with Cleveland Brook in Bethel. Open-water fishing, with artificial lures and flies only. Second Saturday in April through October 31. Minimum length of 18 inches 1 trout Mettawee River - From the downstream edge of the Route 153 bridge in Pawlet upstream (approximately 16 miles) to the downstream edge of first bridge on Dorset Hollow Road and including tributary: Flower Brook upstream (approximately 1000 ft) to the downstream edge of the Route 30 bridge in Pawlet. Open-water fishing Second Saturday in April through October 31. 10 to 14 inches protected slot: (all trout 10 to 14 inches must be released) 2 trout, only 1 greater than 14 inches Winooski River Tributaries - Listed Below Open-water fishing June 1 through October 31 10 to 16 inches protected slot: (all fish 10 to 16 inches must be released) 2 trout, only 1 greater than 16 inches Winooski River Tributaries Joiner Brook, Bolton - From the confluence of the Winooski River upstream approximately 1900 feet to the first falls. Pinneo Brook, Bolton - From the confluence of the Winooski River upstream approximately 100 feet to the railroad crossing. Preston Brook, Bolton - From the confluence of the Winooski River upstream approximately 2600 feet to the first falls. Ridley Brook, Duxbury - From the confluence of the Winooski River upstream approximately 1700 feet to the first falls. Listed Below: Open-water fishing Second Saturday in April through October 31 10 to 16 inches protected slot: (all fish 10 to 16 inches must be released) 2 trout, only 1 greater than 16 inches New Haven River - From Munger Street Bridge in New Haven upstream (approximately 4.1 miles) to the South Street bridge in Bristol. Winooski River - From Preston Brook mouth upstream (approximately 4.4 miles) to the Ridley Brook mouth. Batten Kill - From the New York State line upstream (approximately 20.6 miles) to downstream side of Depot Street Bridge (Route 11/30) in Manchester. Open-water fishing Second Saturday in April through October 31 All trout must be immediately released. Zero, all trout must be immediately released. Dog River - From the downstream edge of the Junction Road Bridge in Berlin/ Montpelier upstream to the top of the Northfield Falls Dam in Northfield Open-water fishing with artificial lures and flies only for anglers 15 years of age or older Second Saturday in April through October 31 All trout must be immediately released Zero, all trout must be immediately released. Listed below: Open-water fishing Second Saturday in April through September 30 No size restriction. 12 trout of which not more than 6 can be brown and/or rainbow trout in aggregate. Open-water fishing October 1, through October 31 All trout must be immediately released. Zero, all trout must be immediately released. Batten Kill (East Branch) - In towns of Manchester and Dorset from the downstream side of Depot Street Bridge (Route 11/30) in Manchester upstream (approximately 5.0 miles) to the downstream side of the US Route 7 Bridge south of East Dorset. Green River - In the towns of Arlington and Sandgate from its confluence with Batten Kill upstream (approximately 8.5 miles) to the confluence with Moffitt Hollow Brook in Beartown. Roaring Branch In the towns of Arlington and Sunderland from its confluence with the Batten Kill upstream (approximately 3.0 miles) to the downstream side of the Bridge #14 on Sunderland TH# 3 in East Kansas. Warm Brook - In the town of Arlington from its Confluence with the Roaring Branch upstream (approximately 0.8 miles) to the base of the so-called Hale Company Dam in East Arlington.

1. Waters 2. Method 3. Season 4. Size 5. Daily Bag Restrictions Limit Connecticut River and tributaries No person shall take or attempt to take an anadromous Atlantic salmon, any salmon unintentionally taken shall be immediately released in accordance with section 4602 No open season All fish must be immediately released Zero - All Anadromous Atlantic salmon must be immediately released

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limit Connecticut River, including Vermont river tributaries Open-water fishing No closed season All shad must be released. Zero - All shad must be immediately released.

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limit General Waters (and as listed below) Open-water and ice fishing No closed season No restriction No more than 5 of any one species General Waters (Except seasonally closed waters and as listed below Speargun, bow and crossbow all with line attached to arrow No closed season No restriction No more than 5 of any one species Lake Champlain, not to include tributaries Open-water and ice fishing, speargun, bow and crossbow all with line attached to arrow No closed season No restriction No more than 5 fish of any one species Lake Champlain, not to include tributaries Shooting and Handheld Spear March 25 through May 25, Title 10 4606(e) No restriction No more than 5 of any one species

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limit General Waters (and as listed below) Open-water and ice fishing No closed season No restriction No Limit General Waters (Except seasonally closed waters and as listed below) speargun, bow and crossbow all with line attached to arrow No Closed Season No restriction No Limit Lake Champlain, not to include tributaries Open-water and ice fishing, speargun, bow and crossbow all with line attached to arrow No closed season No restriction No Limit Lake Champlain, not to include tributaries Shooting and Handheld Spear March 25 through May 25, Title 10 4606(e) No restriction No Limit

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limit General Waters (and as listed below) Open-water and ice fishing No closed season No restriction No Limit Lake Champlain, not to include tributaries Open-water and ice fishing No closed season No restriction No Limit Lake Champlain, not to include tributaries Shooting and Handheld Spear March 25 through May 25, Title 10 4606(e) No restriction No Limit

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limit General Waters (except as listed below) Open-water and ice fishing No closed season Minimum length of 20 inches 5 Fish Lake Champlain Open-water and ice fishing No closed season Minimum length of 20 inches 5 Fish Shooting and handheld spearing March 25 through May 25, 10 VSA 4606 Minimum length of 20 inches 5 Fish

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limits General Waters (except as listed below) Open-water and ice fishing No closed season No restriction No Limit Lake Champlain Open-water and ice fishing No closed season No restriction 10 fish Shooting and handheld spearing March 25 through May 25 No restriction 10 fish

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limits General Waters (except as listed below) Open-water and ice fishing; Catch and release with artificial lures and flies only No closed season All muskellunge must be released Zero - All muskellunge must be immediately released Lake Champlain Open-water and ice fishing; Catch and release with artificial lures and flies only No closed season All muskellunge must be released Zero - All muskellunge must be immediately released Shooting and handheld spearing March 25 through May 25, 10 VSA 4606(e) Zero Fish

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limit All waters Open-water and ice fishing No closed season No restriction No limit

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limits All waters Open-water and ice fishing No closed season Minimum length of 8 inches 25 fish, Combined

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limits General Waters (except as listed below) Open-water and ice fishing No closed season No restriction 50 fish Lake Champlain Open-water and ice fishing No closed season No restriction No Limit Businesses may buy lawfully taken fish, with the approval of the Commissioner, pursuant to the Commercial angling rule set for in 10 V.S.A. APP § 123.

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limit General Waters (except as listed below) Open-water fishing No closed season No restriction 5 fish Lakes, Ponds and reservoirs Open-water fishing (Ice fishing - see special provisions) Second Saturday in June through Nov. 30 th . Minimum length of 10 inches 5 Fish Lakes, Ponds and reservoirs (seasonally closed) Open-water fishing: Catch and release with artificial lures and flies only Second Saturday in April through the Friday before the Second Saturday in June, both dates inclusive. All bass must be released Zero - All bass must be immediately released Lakes, Ponds and reservoirs (not seasonally closed) Open-water fishing: Catch and release with artificial lures and flies only Dec. 1 through the Friday before the Second Saturday in June, both dates inclusive. All bass must be released Zero - All bass must be immediately released Seasonally, Closed Waters - streams Open-water fishing Only when such rivers and streams are open to trout fishing except as prohibited by Section 9.2 No restrictions 5 fish Lake Morey, Fairlee Angling (Ice fishing - see special provisions) Second Saturday in June through Nov. 30 Largemouth bass - Minimum length of 14 inches 5 Fish Lake Morey, Fairlee Open-water fishing Catch and release with artificial lures and flies only Dec. 1 through Friday before the Second Saturday in June, both dates inclusive. All bass must be released Zero - All bass must be immediately released. Kent Pond, Killington and Baker Pond, Brookfield Open-water fishing Second Saturday in June through Nov. 30 Largemouth Bass: protected slot: 10-12 inches (all fish between 10 & 12 inches must be released) 10 fish, only 1 fish greater than 12 inches. Kent Pond, Killington and Baker Pond, Brookfield Open-water fishing: Catch and release with artificial lures and flies only Dec. 1 through Friday before the Second Saturday in June, both dates inclusive. All bass must be released Zero - All bass must be immediately released

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limit General Waters and Lake Champlain (except as listed below) Open-water and ice fishing First Saturday in May through March 15 Minimum length of 18 inches 3 Fish Lake Carmi, Franklin Open-water and ice fishing First Saturday in May through March 15 Minimum length of 15 inches Protected lengths - 17 to 19 inches (all fish between 17 & 19 inches must be released) 5 fish, provided only 1 is over 19 inches Chittenden Reservoir, Chittenden Open-water and ice fishing June 1 through March 15 Minimum length of 22 inches 2 fish

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limit General Waters and Lake Champlain Open-water and ice fishing No open season Any fish taken must be immediately released. Zero - All Sauger taken must be immediately released.

§ 122. Fish Management Regulation. Section 122 effective January 1, 2022; see also section 122 effective until January 1, 2022 set out above.

1. Authority.
   1. This rule is adopted pursuant to 10 V.S.A. § 4081(b) .  In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and furbearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance.
   2. In accordance with 10 V.S.A. § 4082 , this rule is designed to maintain the best health, population and utilization levels of Vermont's fisheries.
   3. In accordance with 10 V.S.A. § 4083 , this rule establishes open seasons; establishes daily, season, possession limits and size limits; prescribes the manner and means of taking fish; and prescribes the manner of transportation and exportation of fish.
2. Purpose.

   It is the policy of the State that the protection, propagation control, management and conservation of fish, wildlife, and furbearing 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.

3. Open-Water Fishing, legal methods of taking fish.
4. Definitions
5. Department - Vermont Department of Fish and Wildlife.
6. Commissioner - Vermont Department of Fish and Wildlife Commissioner.
7. Open-water fishing - Fishing by means of hook and line in hand or attached to a rod or other device in open water. Fishing by casting or trolling baited hooks, artificial flies or lures is considered open-water fishing.
8. Baited Hook - A single shank hook with 1, 2, or 3 points which may be baited with natural or artificial bait or both.
9. Lure - A man-made device designed to catch only 1 fish at a time, to include a spoon, plug, spinner, bait harness, tandem hook streamer or lead head jig.
10. Fly - A single pointed hook dressed with feathers, hair, thread, tinsel, or any similar material wound on or about the hook to which no hooks, spinners, spoons, or similar devices have been added.
11. Handheld Spear - A manually powered spear used from above the water's surface.
12. Speargun - A pneumatic or rubber band powered device, with a line not to exceed 20 feet attached to a spear, used from below the water's surface.
13. Cull Fish - Carp, tench, rudd, shad (alewife and gizzard shad), and goldfish. Additional invasive/exotic fish species may be designated by the Commissioner as "cull fish."
14. Immediate Control - Such constant control as would enable the angler to respond forthwith to a fish taking their bait, lure or fly promptly and without any delay.
15. Snagging - Snagging shall mean the intentional hooking of a fish in a place other than the inside of the fish's mouth.  No person shall pull, jerk or otherwise purposefully and/or repeatedly manipulate a hook, or hooks and line to snag or hook a fish in any method other than to entice a fish into taking, by mouth, a hook, lure or fly. Repeated and/or exaggerated jerking or pulling of the fishing line and/or hooks in any attempt to snag fish, whether it results in physically snagging a fish or not, shall be prima facie evidence that snagging has taken place.  This shall not apply to the use of a gaff to land a fish that has been legally hooked.
16. Whether still fishing, casting, or trolling in Vermont waters, a person may take fish only by using not more than two lines over which he or she has immediate control and to each of which lines is attached not more than two baited hooks, or more than three artificial flies, or more than two lures with or without bait.
17. A person shall not take any fish pursuant to subsection (3.2) unless it is hooked in the mouth. Any fish taken under subsection (3.2) that is not hooked in the mouth shall be immediately released pursuant to 10 V.S.A. §  4602. A fish hooked in any part of the body other than in the mouth shall be considered to be foul hooked, and shall be prima facie evidence of foul hooking.
18. Taking or attempting to take fish by snagging is prohibited in all Vermont Waters.
19. Catch and Release: For species with defined harvest seasons, targeted C&R angling with immediate release can occur outside of harvest season, using artificial lures and flies.
20. Ice Fishing.
21. Definitions - The definitions of section 3 are applicable to this section.
    1. Ice Fishing - Ice fishing is defined as fishing by means of hook and line in hand or attached to a rod, tip-up, jack or bob, where the angler is fishing through a hole in the ice, from the ice or on an object supported by the ice. Fishing by casting or trolling baited hooks, artificial flies or lures shall not be considered ice fishing.
22. Fish may be taken through the ice with not more than eight lines, except on Lake Champlain where no more than fifteen lines may be operated. Each line shall not have more than two baited hooks, or more than three artificial flies, or more than two lures with or without bait.
23. A person ice fishing shall have at all times, immediate control over all lines they operate. A person ice fishing shall be able to visually observe lines they operate. Any line that indicates a fish shall be tended within 30 minutes.
24. A person shall not take any fish pursuant to subsection (4.2) unless it is hooked in the mouth. Any fish taken under subsection (4.2) that is not hooked in the mouth shall be immediately released pursuant to 10 V.S.A. § 4602 . A fish hooked in any part of the body other than in the mouth shall be considered to be foul hooked, and shall be prima facie evidence of foul hooking.
25. Taking or attempting to take fish by snagging is prohibited in all Vermont Waters.
26. Catch and Release (C&R): For species with defined harvest seasons, targeted C&R angling with immediate release can occur outside of harvest season, using artificial lures and flies.
27. Lake Champlain Boundaries.

    Lake Champlain proper shall be considered to include the setback at the same level and the major tributaries to the lake to the following boundaries:

    Dead Creek to Panton Road bridge in Panton;

    East Creek to the falls in Orwell (downstream of Mount Independence Road);

    Lamoille River to the top of first dam (Peterson Dam) in Milton;

    LaPlatte River to the falls in Shelburne (under Falls Road bridge);

    Lewis Creek to falls in North Ferrisburgh (just upstream of Old Hollow Road);

    Little Otter Creek to falls in Ferrisburgh Center (downstream of Little Chicago Road);

    Malletts Creek to the first falls upstream of Roosevelt Highway (US 2 and US 7) in Colchester;

    Mill River in Georgia to the falls in Georgia (just upstream of Georgia Shore Road bridge);

    Missisquoi River to the top of Swanton Dam in the Village of Swanton;

    Mud Creek to the dam in Alburg (just upstream of Route 78 bridge);

    Otter Creek to the top of the dam in the city of Vergennes;

    Poultney River to Central Vermont Power Dam at Carver Falls in West Haven;

    Rock River to first Canadian border crossing;

    Winooski River to the Winooski One hydropower dam west of Main Street (US 7) in Winooski and Burlington;

28. Seasonally Closed Waters.
29. Lakes and Ponds - The following lakes and ponds or portions thereof are hereby designated seasonally closed waters and shall be closed to all fishing except between Second Saturday in April through October 31:

    Bald Hill Pond, Westmore

    Beaver Pond, Holland

    Beck Pond, Newark

    Beebe Pond, Sunderland

    Big Mud Pond, Mt. Tabor

    Bourn Pond, Sunderland

    Branch Pond, Sunderland

    Cary Pond, Walden

    Cow Mountain Pond, Granby

    Duck Pond, Sutton

    Forest Lake, Averill

    Griffith Lake, Mt. Tabor

    Holland Pond, Holland

    Jobs Pond, Westmore

    Lake Pleiad, Hancock

    Levi Pond, Groton

    Lewis Pond, Lewis

    Little Rock Pond, Wallingford

    Long Pond, Westmore

    Marl Pond, Sutton

    Martins Pond, Peacham

    North Pond, Chittenden

    Notch Pond, Ferdinand

    Noyes (Seyon) Pond, Groton

    Perch Pond (Zack Woods Pond), Hyde Park

    Pigeon Pond, Groton

    Red Mill Pond, Woodford

    Silver Lake, Leicester

    South America Pond, Ferdinand

    South Pond, Marlboro

    Spring Lake, Shrewsbury

    Stannard Pond, Stannard

    Sterling Pond, Cambridge

    Stoughton Pond, Weathersfield

    Stratton Pond, Stratton

    Unknown Pond, Averys Gore

    Unknown Pond, Ferdinand

    Vail Pond, Sutton

    Vernon Hatchery Pond, Vernon

    West Mountain Pond, Maidstone

    Wheeler Pond, Barton and Sutton

    Zack Woods (Perch Pond), Hyde Park

30. Rivers and Streams - All rivers and streams are hereby designated seasonally closed waters except as listed in all the sections below. For species with defined harvest seasons, targeted C&R angling with immediate release can occur outside of harvest season, using artificial lures and flies.
31. Fish - Open Seasons, Size Restrictions and Daily Bag Limits.
32. Fish of the species named or described in the tables set forth below may be taken:
    1. In the waters specified in column 1, by the method specified in column 2, during the open season specified in column 3.
    2. Provided they meet any size restrictions specified in column 4., and only in numbers listed under daily bag limits specified in column 5., under no circumstances may a person take in one day, more than the daily bag or weight limit from a listed body of water. No person may take in aggregate more than the daily State-wide aggregate limit for any species listed.
    3. Businesses may buy lawfully taken fish, with the approval of Commissioner, pursuant to the Commercial angling rules set forth in 10 V.S.A. App. 123.
33. Possession limits are equal to twice the daily bag limits. Fish species with limit restrictions may not be possessed in excess of the possession limits at any time.
    1. No person shall have live fish in their possession that are transported in a manner which attempts to keep them alive when leaving waters of the State ( 10 V.S.A. § 1251(13) ), except as follows:
       1. a person may transport approved baitfish species pursuant to the baitfish rules set forth in 10 V.S.A. App. § 141.
       2. the person has been issued a scientific collection permit by the Commissioner which specifically approves of the activity,
       3. the person has been issued a fish transportation permit by the Commissioner which specifically approves of the activity,
       4. the person has been issued a fish breeders permit or fish importation permit by the Commissioner which specifically approves of the activity.
34. The daily bag limit for a fish species on a water body with a closed season for that fish species is zero during the closed season.
35. "General waters" restrictions are the provisions applicable to all waters of the State, except the waters specifically named or described.
36. Unless otherwise specifically provided, fish not listed in this regulation may be taken at any time and without size or catch limit, in waters not listed as seasonally closed waters in Section 6 of these regulations.
37. Open Seasons, Size Restrictions and Daily Bag Limits Tables
    1. STATEWIDE AGGREGATE DAILY BAG LIMITS
    2. BROOK, BROWN AND RAINBOW TROUT
    3. TROPHY TROUT STREAMS
    4. RAINBOW TROUT (Including STEELHEAD) / BROWN TROUT
    5. BROOK, BROWN, RAINBOW, LAKE TROUT AND SALMON - 2 FISH AGGREGATE LIMITS
    6. LAKE TROUT AND SALMON
    7. SPECIAL REGULATION TROUT STREAMS
    8. ANADROMOUS ATLANTIC SALMON
    9. AMERICAN SHAD
    10. BOWFIN, REDHORSE SUCKER (MULLET), LONGNOSE GAR.
    11. SUCKER (LONGNOSE AND WHITE), and CULL FISH
    12. BULLHEAD
    13. NORTHERN PIKE
    14. CHAIN AND REDFIN PICKEREL
    15. MUSKELLUNGE
    16. SMELT
    17. BLACK AND WHITE CRAPPIE
    18. YELLOW PERCH
    19. LARGEMOUTH AND SMALLMOUTH BASS
    20. WALLEYE
    21. SAUGER
38. Spawning grounds for game fish generally.
    1. The below listed waters are declared spawning grounds for game fish and are hereby closed to the taking of fish from second Saturday in April through May 31 annually.

       Chittenden County

       Joiner Brook, Bolton - From the confluence of the Winooski River upstream approximately 1,900 feet to the first falls.

       Pinneo Brook, Bolton - From the confluence of the Winooski River upstream approximately 100 feet to the railroad crossing.

       Preston Brook, Bolton - From the confluence of the Winooski River upstream approximately 2,600 feet to the first falls.

       Orleans County

       Black River, Coventry - From 600 feet below the falls at Old Harman Mill in Coventry upstream to the top of falls at Old Harman Mill in Coventry.

       Willoughby River, Orleans - From the downstream edge of bridge on Tarbox Hill Road in Orleans Village upstream to the top of the natural falls upstream of the bridge on Tarbox Hill Road in Orleans Village.

       Dorin, Wells, Myers, Schoolhouse and Mill Brooks, all in Westmore - From mouth of brooks at Lake Willoughby upstream approximately 3/4 mile in Dorin Brook, all of Wells Brook, 1/2 mile in Myers Brook, 1/4 mile in the Schoolhouse Brook and 1/4 mile in Mill Brook and tributaries, all in Westmore. For identification purpose these brooks are arranged in order from north to south, and flow through Vermont Agency of Transportation structures on Route 5A number 10, 9, 8, 7 and 6, respectively.

       Porter Brook, Greensboro - From Caspian Lake upstream to its headwaters. (1987, Fish and Wildlife Commissioner's Reg. No. 970, eff. April 1, 1987.)

       Washington County

       Chase Brook - From its confluence with the Dog River upstream approximately 1/2 mile to the top of the natural falls in Berlin.

       Ridley Brook, Duxbury - From the confluence of the Winooski River upstream approximately 1,700 feet to the first falls.

       Windsor County

       Lilliesville Brook, Stockbridge - From its confluence with the White River upstream to the 2nd bridge on the Lilliesville Brook Road.

       Locust Creek, Bethel - From its confluence with the White River upstream to the 2nd bridge on Rt. 12.

    2. The below named waters are closed from March 16 through May 31.

       Chittenden County

       Lamoille River, Milton - From the downstream edge of the bridge on Bear Trap Road in Milton (referred to as the West Milton Bridge upstream to the top of first dam (Peterson Dam) in Milton.

       Winooski River, Winooski and Burlington - From the Winooski One Hydro dam west of Main Street (US 7) in Winooski and Burlington and extending downstream to the downstream side of the first railroad bridge.

       Franklin County

       Missisquoi River, Swanton - From the top of the Swanton dam in the Village of Swanton downstream approximately 850 feet to the water treatment plant on the west side of the river, and downstream approximately 850 feet to the upstream end of the cement breakwater on the east side of the river. (1988, Fish and Wildlife Board Reg. No. 975, eff. April 7, 1988.)

    3. The below named waters are closed from March 16 to the Friday before the 1st Saturday in May, both dates inclusive:

       Franklin County

       Missisquoi River, Swanton - From the top of the Swanton Dam in the Village of Swanton extending downstream 5,120 feet to the Northwest corner (downstream) of the Riverside Cemetery and across the river to a pole on the Northeast bank.

    4. The below named waters are closed to fishing year-round:

       Orleans County

       Clyde River, Newport City - From 260 feet below the top of the abandoned Mill Dam immediately upstream of the Number 1, 2, 3 hydroelectric powerhouse in Newport City, upstream to the top of the abandoned Mill Dam immediately upstream of the Number 1, 2, 3 hydroelectric powerhouse in Newport City.

    5. The below named water is only open to fishing using artificial flies and lures from September 1 to October 31. All salmon caught must be released. Lake Trout may be harvest during this period. The daily limit is 2 lake trout with a minimum length of 18 inches

       Clyde River - From Lake Memphremagog upstream to Charleston Dam (Lubber Lake), West Charleston

    6. The below named water is catch and release for trout from Second Saturday in April to October 31. All trout must be immediately released.

       Batten Kill River - From the New York State line upstream (approximately 20.6 miles) to downstream side of Depot Street Bridge (Route 11/30) in Manchester

    7. The below named water is catch and release for trout with artificial lures and flies only, anglers less than 15 years old may use live bait from Second Saturday in April to October 31. All trout must be immediately released.

       Dog River - From the downstream edge of the Junction Road Bridge in Berlin/Montpelier upstream to the top of the Northfield Falls Dam in Northfield.

    8. The below named waters are closed to fishing from November 1 to the Friday before the second Saturday in April.

       Batten Kill River - From the New York State line upstream (approximately 20.6 miles) to downstream side of Depot Street Bridge (Route 11/30) in Manchester.

       Clyde River - From Lake Memphremagog upstream to Charleston Dam (Lubber Lake), West Charleston

       Dog River - From the downstream edge of the Junction Road Bridge in Berlin/Montpelier upstream to the top of the Northfield Falls Dam in Northfield.

       Added 1961, No. 119 , § 2, eff. May 9, 1961; amended 1963, Fish and Game Board Reg. No. - , eff. Aug. 23, 1963; 1966, Fish and Game Board Reg. No. - , eff. Jan. 1, 1967; 1968, Fish and Game Board Reg. No. - , eff. Jan. 1, 1969; 1971, Fish and Game Board Reg. No. 840, eff. March 19, 1971; 1971, Fish and Game Board Reg. No. - , eff. June 21, 1971; 1973, Fish and Game Board Reg. No. 866, eff. Jan. 20, 1973; 1974, Fish and Game Board Reg. No. 892, eff. Dec. 26, 1974; 1975, Fish and Game Board Reg. No. 895, eff. Jan. 1, 1976; 1976, Fish and Game Board Reg. No. 899, eff. Jan. 1, 1977; 1977, Fish and Game Board Reg. No. 904, § 5, eff. Jan. 1, 1978; 1977, No. 245 (Adj. Sess.), § 1, eff. Apr. 17, 1978; 1978, Fish and Game Board Reg. No. 906, eff. Oct. 21, 1978; 1979, Fish and Game Board Reg. No. 913, eff. Nov. 21, 1979; 1980, Fish and Game Board Reg. No. 915, eff. June 30, 1980; 1980, Fish and Game Board Reg. No. 926, §§ 1-7, eff. Jan. 1, 1981; 1983, Fish and Game Board Reg. No. 936, §§ 1, 5, eff. Jan. 1, 1983; 1983, Fish and Game Board Reg. No. 942, eff. June 9, 1983; 1983, Fish and Game Board Reg. No. 946, eff. Oct. 17, 1983; 1984, Fish and Wildlife Board Reg. No. 950, eff. Sept. 17, 1984; 1984, Fish and Wildlife Board Reg. No. 951, eff. Sept. 17, 1984; 1985, No. 953 , eff. Jan. 1, 1985; 1985, No. 49 ; 1986, No. 962 , eff. June 6, 1986; 1987, Fish and Wildlife Board Reg. No. 971, eff. Sept. 17, 1987; 1990, Fish and Wildlife Board Reg. No. 980, eff. Feb. 23, 1990; 1991, Fish and Wildlife Board Reg. No. 982, eff. Jan. 5, 1991; 1991, Fish and Wildlife Board Reg. No. 990, eff. Sept. 1991; 1993, Fish and Wildlife Board Reg. No. 998, eff. March 23, 1993; 1995, Fish and Wildlife Board Reg. No. 1003, eff. Jan. 2, 1996; 1997, Fish and Wildlife Board Reg. No. 1003, eff. Nov. 1, 1997; 1999, Fish and Wildlife Board Reg. No. 1003, eff. March 13, 1999; 2000 Fish and Wildlife Board Reg. No. 1003, eff. Oct. 7, 2000; 2003, Fish and Wildlife Board Reg. No. 1003, eff. Dec. 6, 2002; 2004, Fish and Wildlife Board Reg. No. 1003, eff. June 4, 2004; 2005, Fish and Wildlife Board Reg. No. 1003, eff. July 21, 2005; 2005A, Fish and Wildlife Board Reg. No. 1003, eff. March 31, 2006; 2007, Fish and Wildlife Board Reg. No. 1003, eff. Sept. 1, 2006; 2008, Fish and Wildlife Board Reg. No. 1003, eff. Jan. 1, 2009; 2010 Fish and Wildlife Reg. effective Jan. 1, 2011; 2013 Fish and Wildlife Reg. eff. Jan. 1, 2014; 2015 Fish and Wildlife Reg. eff. Jan. 1, 2016; 2017 Fish and Wildlife Reg. eff. Jan. 1, 2018; 2018 Fish and Wildlife Reg. eff. Jan. 1, 2019; 2021 Fish and Wildlife Reg. eff. Jan. 1, 2022.

(Maximum number of a fish species that may be taken in one day)

FISH SPECIES DAILY AGGREGRATE LIMITS Brook and Brown and Rainbow Trout - Streams/ Rivers Maximum Combination of 8 fish Brook and Brown and Rainbow Trout - lakes and ponds Maximum Combination of 6 fish Lake Trout 2 fish, (3 if taken from Lake Champlain) Salmon 2 fish Large and Smallmouth Bass Maximum combination of 5 fish Northern Pike 5 fish Chain Pickerel 10 fish Muskellunge 0 fish Walleye 3 fish Black and White Crappie 25 fish American Shad 0 fish Yellow Perch 50 fish Yellow Perch exception Lake Champlain - No daily limit Sauger 0 fish Sturgeon 0 fish

1. Waters      2. Methods      3. Season       4. Size         5. Daily Bag                                                  Restrictions    Limit Lakes and Ponds          Open-water and                ice fishing     Second                                Saturday in                                April through                                October 31                                January 1,                                through March                                15              No restriction  6 trout Lake Champlain Open-water and                ice fishing     No closed                                season          Minimum length                                                of 12 inches    3 trout Rivers and Streams        Open-water                fishing         Second                                Saturday in                                April through                                October 31      No restriction  8 trout Sherman Reservior, Whitingham     Open-water                fishing         Second                                Saturday in                                April through                                October 31      No restriction  6 trout

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limit Listed Below: Open-water fishing Second Saturday in April through October 31 No restriction 2 trout in aggregate Black River along Rt. 131 in Weathersfield and Cavendish, - from Downers covered bridge upstream (approximately 4 miles) to the next bridge across the river, The Howard Hill Bridge. East Creek in Rutland City - From the confluence with Otter Creek upstream (approximately 2.7 miles) to the top of the Patch Dam in Rutland City. Lamoille River From the downstream edge of the bridge on Route 104 in the Village of Fairfax upstream (approximately 1.6 miles) to the top of the Fairfax Falls Dam in Fairfax. Little River - From the confluence with Winooski River in Waterbury upstream to the top of the Waterbury Reservoir Dam in Waterbury. Missisquoi River in Enosburg and Sheldon - From the downstream edge of Kane Road (TH-3) bridge upstream (approximately 5.7 miles) to the top of the Enosburg Falls Dam in Enosburg Falls. Otter Creek in Danby and Mt. Tabor - From the Vermont Railway Bridge north of the fishing access upstream (approximately 2 miles) to the Danby-Mt. Tabor Forest Rd. Bridge (Forest Road # 10). Passumpsic River in the Village of St. Johnsbury - From the top of the Gage Dam in St. Johnsbury upstream (approximately 2.4 miles) to the top of the Arnold Falls Dam. Moose River -- From the confluence with the Passumpsic River upstream (approximately 350 feet) to the downstream edge of the Concord Avenue bridge in the Village of St. Johnsbury. Walloomsac River in Shaftsbury and Bennington - From the Vermont/New York border in Shaftsbury upstream to the top of the former Vermont Tissue Plant Dam (downstream of Murphy Road) in Bennington. Winooski River in Duxbury and Waterbury - From the top of the Bolton Dam in Duxbury and Waterbury upstream to the Route 2 Bridge (east side of Waterbury Village).

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limit Listed Below: Open-water fishing Second Saturday in April through October 31 Minimum length of 10 inches 2 trout Rivers and Streams: Orleans County: Barton River - From Lake Memphremagog upstream to the downstream side of the US Route 5 bridge southernmost and closest to the Village of Barton in Barton. Black River - From Lake Memphremagog upstream to the downstream side of the VT Route 14 / 58 bridge in Irasburg. Browning Branch of the Willoughby River - From its confluence at the Willoughby River extending upstream to the second road crossing on Brownington Chilafonx Road (TH #15). Crossing is located approximately 2.4 miles from Browington Center on Chilafoux Road (TH #15). Johns River - From the downstream edge of the first bridge (culvert) upstream of Lake Memphremagog on North Derby Road (TH #6) upstream to U.S. 5, in Derby. Willoughby River - The entire Willoughby River, from confluence with Barton River in Barton upstream to the Willoughby Lake outlet in Westmore.

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limit Listed below: Open-water and Ice fishing Second Saturday in April through October 31 January 1 through March 15 See regulations for specific bodies of waters Two fish in aggregate Big Averill Lake, Norton and Averill Caspian Lake, Greensboro Crystal Lake, Barton East Long Pond, Woodbury Echo Lake, Charleston Elligo Lake, Craftsbury and Greensboro Forest Lake (Nelson Pond), Calais and Woodbury Harveys Lake, Barnet Jobs Pond, Westmore (Seasonally Closed) Lake Dunmore, Salisbury Lake Memphremagog (including South Bay), Coventry, Derby, Newport City and Newport Little Averill Lake, Averill Maidstone Lake, Maidstone Martins Pond, Peacham (Seasonally Closed) Nelson Pond (Forest Lake), Calais and Woodbury Nichols Pond, Woodbury Seymour Lake, Morgan Shadow Lake, Glover Spring Lake, Shrewsbury Sunset Lake, Benson Willoughby Lake, Westmore.

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limit General Waters (except as listed below) Open-water and ice fishing Second Saturday in April through October 31 January 1 through March 15 Salmon - Minimum length of 17 inches Lake Trout - Minimum length of 18 inches 2 Lake Trout or 2 Salmon or 1 of each Lake Champlain Open-water and ice fishing No Closed Season Lake Trout and Salmon - Minimum length of 15 inches 3 Lake Trout and 2 Salmon Clyde Pond, Derby Little Salem Lake, Derby Salem Lake, Derby Clyde River from Lake Memphremagog upstream to Citizen's Charleston Dam (Lubber Lake), West Charleston Open-water fishing Second Saturday in April through August 31 Lake Trout - Minimum length of 18 inches Salmon - Minimum length of 17 inches 2 Lake Trout or 2 Salmon or 1 of each Lake Memphremagog (including South Bay) Open-water and ice fishing Second Saturday in April through October 31 January 1 through March 15 Lake Trout - Minimum length of 18 inches Salmon - Minimum length of 17 inches 2 Lake Trout or 2 Salmon or 1 of each Listed Below: Open-water fishing Second Saturday in April through October 31 Lake Trout - Minimum length of 18 inches Salmon - Minimum length of 17 inches 2 Lake Trout or 2 Salmon or 1 of each Orleans County: Barton River - From Lake Memphremagog upstream to the downstream side of the US Route 5 bridge southernmost and closest to the Village of Barton in Barton. Black River - From Lake Memphremagog upstream to the downstream side of the VT Route 14 / 58 bridge in Irasburg. Johns River - From the downstream edge of the first bridge (culvert) upstream of Lake Memphremagog on North Derby Road (TH #6) upstream to U.S. 5, in Derby. Willoughby River - The entire Willoughby River, from confluence with Barton River in Barton upstream to the Willoughby Lake outlet in Westmore.

1. Waters 2. Method 3. Season 4. Size 5. Daily Bag Restrictions Limit White River - From the confluence with Lilliesville Brook in Stockbridge downstream 3.3 miles to 220 ft. downstream of the confluence with Cleveland Brook in Bethel. Open-water fishing, with artificial lures and flies only. Second Saturday in April through October 31. Minimum length of 18 inches 1 trout Winooski River Tributaries - Listed Below Open-water fishing June 1 through October 31 10 to 16 inches protected slot: (all fish 10 to 16 inches must be released) 2 trout, only 1 greater than 16 inches Winooski River Tributaries Joiner Brook, Bolton - From the confluence of the Winooski River upstream approximately 1900 feet to the first falls. Pinneo Brook, Bolton - From the confluence of the Winooski River upstream approximately 100 feet to the railroad crossing. Preston Brook, Bolton - From the confluence of the Winooski River upstream approximately 2600 feet to the first falls. Ridley Brook, Duxbury - From the confluence of the Winooski River upstream approximately 1700 feet to the first falls. Listed Below: Open-water fishing Second Saturday in April through October 31 10 to 16 inches protected slot: (all fish 10 to 16 inches must be released) 2 trout, only 1 greater than 16 inches New Haven River - From Munger Street Bridge in New Haven upstream (approximately 4.1 miles) to the South Street bridge in Bristol. Mettawee River - From the downstream edge of the Route 153 bridge in Pawlet upstream (approximately 16 miles) to the downstream edge of first bridge on Dorset Hollow Road and including tributary: Flower Brook upstream (approximately 1000ft) to the downstream edge of the Route 30 bridge in Pawlet. Winooski River - From Preston Brook mouth upstream (approximately 4.4 miles) to the Ridley Brook mouth. Listed below: Open-water fishing Second Saturday in April through September 30 No size restriction. 8 trout Zero, all trout must be immediately released. Open-water fishing October 1, through October 31 All trout must be immediately released. Batten Kill (East Branch) - In towns of Manchester and Dorset from the downstream side of Depot Street Bridge (Route 11/30) in Manchester upstream (approximately 5.0 miles) to the downstream side of the US Route 7 Bridge south of East Dorset. Green River - In the towns of Arlington and Sandgate from its confluence with Batten Kill upstream (approximately 8.5 miles) to the confluence with Moffitt Hollow Brook in Beartown. Roaring Branch In the towns of Arlington and Sunderland from its confluence with the Batten Kill upstream (approximately 3.0 miles) to the downstream side of the Bridge #14 on Sunderland TH# 3 in East Kansas. Warm Brook - In the town of Arlington from its Confluence with the Roaring Branch upstream (approximately 0.8 miles) to the base of the so-called Hale Company Dam in East Arlington.

1. Waters 2. Method 3. Season 4. Size 5. Daily Bag Restrictions Limit Connecticut River and tributaries No person shall take or attempt to take an anadromous Atlantic salmon, any salmon unintentionally taken shall be immediately released in accordance with section 4602 No open season All fish must be immediately released Zero - All Anadromous Atlantic salmon must be immediately released

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limit Connecticut River, including Vermont river tributaries Open-water fishing No closed season All shad must be released. Zero - All shad must be immediately released.

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limit General Waters (and as listed below) Open-water and ice fishing No closed season No restriction No more than 5 of any one species General Waters (Except seasonally closed waters and as listed below Speargun, bow and crossbow all with line attached to arrow No closed season No restriction No more than 5 of any one species Lake Champlain, not to include tributaries Open-water and ice fishing, speargun, bow and crossbow all with line attached to arrow No closed season No restriction No more than 5 fish of any one species Lake Champlain, not to include tributaries Shooting and Handheld Spear March 25 through May 25, Title 10 4606(e) No restriction No more than 5 of any one species

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limit General Waters (and as listed below) Open-water and ice fishing No closed season No restriction No Limit General Waters (Except seasonally closed waters and as listed below) Speargun, bow and crossbow all with line attached to arrow No Closed Season No restriction No Limit Lake Champlain, not to include tributaries Open-water and ice fishing, speargun, bow and crossbow all with line attached to arrow No closed season No restriction No Limit Lake Champlain, not to include tributaries Shooting and Handheld Spear March 25 through May 25, Title 10 4606(e) No restriction No Limit

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limit General Waters (and as listed below) Open-water and ice fishing No closed season No restriction No Limit Lake Champlain, not to include tributaries Open-water and ice fishing No closed season No restriction No Limit Lake Champlain, not to include tributaries Shooting and Handheld Spear March 25 through May 25, Title 10 4606(e) No restriction No Limit

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limit General Waters (except as listed below) Open-water and ice fishing No closed season Minimum length of 20 inches 5 Fish Lake Champlain Open-water and ice fishing No closed season Minimum length of 20 inches 5 Fish Shooting and handheld spearing March 25 through May 25, 10 VSA 4606 Minimum length of 20 inches 5 Fish

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limits General Waters (except as listed below) Open-water and ice fishing No closed season No restriction No Limit Lake Champlain Open-water and ice fishing No closed season No restriction 10 fish Shooting and handheld spearing March 25 through May 25 No restriction 10 fish

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limits General Waters (except as listed below) Open-water and ice fishing; Catch and release with artificial lures and flies only No closed season All muskellunge must be released Zero - All muskellunge must be immediately released Lake Champlain Open-water and ice fishing; Catch and release with artificial lures and flies only No closed season All muskellunge must be released Zero - All muskellunge must be immediately released Shooting and handheld spearing March 25 through May 25, 10 VSA 4606(e) Zero Fish

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limit All waters Open-water and ice fishing No closed season No restriction No limit

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limits All waters Open-water and ice fishing No closed season Minimum length of 8 inches 25 fish, Combined

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limits General Waters (except as listed below) Open-water and ice fishing No closed season No restriction 50 fish Lake Champlain Open-water and ice fishing No closed season No restriction No Limit Businesses may buy lawfully taken fish, with the approval of the Commissioner, pursuant to the Commercial angling rule set forth in 10 V.S.A. APP § 123.

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limit General Waters (except as listed below) Open-water and ice fishing Second Saturday in June through March 15. Minimum length of 10 inches 5 fish Lake Champlain Open-water fishing Second Saturday in June through Nov. 30 Minimum length of 12 inches 5 fish Lakes, Ponds and reservoirs (seasonally closed) Open-water fishing Second Saturday in June through October 31. Minimum length of 10 inches 5 Fish Lakes, Ponds and reservoirs (seasonally closed) Open-water fishing: Catch and release with artificial lures and flies only Second Saturday in April through the Friday before the Second Saturday in June, both dates inclusive. All bass must be released Zero - All bass must be immediately released Lake Morey, Fairlee Open-water and ice fishing Second Saturday in June through March 15 Minimum length of 14 inches 5 Fish Listed below: Open-water fishing Second Saturday in June through Nov. 30. Minimum length of 10 inches 5 fish Catch and release with artificial lures and flies only Dec. 1 through the Friday before the second Saturday in June, both dates inclusive All bass must be released Zero - All bass must be immediately released. Austin Pond, Hubberton Black Pond, Hubberton Blueberry Lake (Warren Lake), Warren Breese Pond, Hubberton Bullhead Pond, Manchester Gale Meadows, Londonderry Half Moon Pond, Hubberton Lily Pond, Vernon Lowell Lake, Londonderry Mill Pond, Windsor Raponda Lake, Wilmington Retreat Meadows, Brattleboro Roach Pond, Hubberton Runnemede Lake, Windsor Sadawga, Whitingham Weatherhead Hollow, Guilford

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limit General Waters and Lake Champlain (except as listed below) Open-water and ice fishing First Saturday in May through March 15 Minimum length of 18 inches 3 Fish Lake Carmi, Franklin Open-water and ice fishing First Saturday in May through March 15 Minimum length of 15 inches Protected lengths - 17 to 19 inches (all fish between 17 & 19 inches must be released) 5 fish, provided only 1 is over 19 inches Chittenden Reservoir, Chittenden including all tributaries upstream to the first barrier impassable to upstream fish movement Open-water and ice fishing June 1 through March 15 Minimum length of 22 inches 2 fish

1. Waters 2. Methods 3. Season 4. Size 5. Daily Bag Restrictions Limit General Waters and Lake Champlain Open-water and ice fishing No open season Any fish taken must be immediately released. Zero - All Sauger taken must be immediately released.

§ 123. Commercial Angling Rule.

1. Authority.
2. This rule is adopted pursuant to 10 V.S.A. § 4083 and 10 V.S.A. § 4611 .  This rule implements the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and furbearing animals in this State is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance.
3. In accordance with 10 V.S.A. § 4083 and 10 V.S.A. § 4611 this rule establishes requirements related to purchase and sale of fish including, but not limited to, prohibiting fish species, seasons, limits, reporting requirements and possible permit requirements.
4. Purpose.

   The purpose of this rule is to:

5. Establish the conditions for anglers to sell legally harvested approved fish species.
6. Establish the process and requirements for businesses and/or individuals to purchase fish legally harvested by anglers.
7. Establish a list of fish species in addition to those listed in 10 V.S.A. § 4611 that are prohibited for sale by anglers.
8. Definitions.
9. Angler - Any person engaged in the take or attempted take of fish, by any method.
10. Buyer - Any person engaged in the purchase of fish harvested within this state.
11. Legally Harvested - Any fish species harvested by any lawful methods approved under the provisions of this part.
12. Seller - Any person engaged in the sale of fish harvested within this State.
13. Selling Fish.
14. No angler shall sell fish species which are not legally harvestable or are listed in 10 V.S.A. § 4611 or in Section 6.0 of this rule.
15. Anglers shall provide information about their commercial fishing activity to the Department as required by the Commissioner.
16. Buying Fish.
17. No person or business shall buy fish for resale without a Fish Buyer Permit issued by the Commissioner.
18. No person or business shall buy fish species which are not legally harvestable or are listed in 10 V.S.A. § 4611 or in Section 6.0 of this rule.
19. A Fish Buyer Permit shall be effective from January 1 through December 31.
20. A holder of Fish Buyer Permit must submit quarterly reports as required by the Commissioner.  Reports shall include but not limited to pounds purchased for each size group by species (Jan-Mar; April-June; July-Sep; Oct-Dec). The reports will include information from all species purchased. Additionally, the percentage of purchased amount from Lake Champlain shall be broken out and reported separately.
21. The Fish Buyer's reports shall be submitted within 30 days of the last day of the quarter (March 31, June 30, September 30, December 31).
22. The Fish Buyer Permit provides Fish Buyer an exemption from specific creel/possession limits.  This exemption to creel and possession limits is restricted to the address specified above under "Business Location", which is defined as an established immobile place of business (not directly on the ice or on any public waters or public access areas), and the transport of legally bought and/or sold fish within the State of Vermont, from the Permitted Fish Buyer's Business Location.
23. Failure to comply with these rules, including submission of quarterly reports, may result in the revocation of a Fish Buyer Permit.
24. List of Species Prohibited for sale and purchase.

    ì Species listed in 10 V.S.A. § 4611 .

    Added 2017, Fish and Wildlife Regs, eff. Jan. 1, 2018.

§ 124. Valley Brook - Spawning waters.

Pursuant to the provisions of 10 V.S.A. § 4140 , the below named waters are declared spawning grounds for game fish and are hereby closed to the taking of fish from October 1 to October 31.

Orleans County

Valley Brook - Tributary to Seymour Lake is to be closed in its entirety.

Added 1986, Fish and Wildlife Commissioner's Reg. No. - , eff. Oct. 1, 1986.

§§ 125, 126. Repealed.

§ 127. Repealed.

§ 128. Repealed.

§§ 129, 130. Repealed.

§ 131. Repealed.

§ 132. Repealed.

§ 133. Expired.

§ 134. Repealed. 1995, Fish and Wildlife Commissioner's Reg. No. 986.

§ 135. Expired.

§ 136. Repealed.

§ 137. Fishing tournaments.

1. The permit for a fishing tournament as required by 10 V.S.A. § 4613 shall be applied for no less than 30 days before the date of the tournament. The following information will be supplied to the Vermont Fish and Wildlife Department:

   Name of Organization, contact person(s), address and phone number(s), dates and times of the tournament, body of water, location of headquarters and check stations, number of anglers expected, fish species involved, a copy of the tournament rules, name and address permit is to be mailed to.

2. Within 30 days after the tournament ends a report of the following information shall be provided to the Department:

   Total number of tickets sold, estimated number of anglers, number of anglers that registered catch, number of each species of fish registered, and the number of registered fish released alive following registration.

   Tournament sponsors may be requested to cooperate further with the Department in gathering additional information.

   All tournaments rules shall be structured within the laws of the State of Vermont. A fishing license is required by anyone 15 years of age and older. All legal fishing methods and limits shall apply.

   1994, Fish and Wildlife Commissioner's Reg. No. 1005, eff. Feb. 13, 1994.

§ 138. Hatchery Brook closure.

That portion of the so-called Hatchery Brook, located in the Town of Grand Isle to the south of the fish hatchery buildings, from the mouth of the brook at Gordon's Landing, Lake Champlain, upstream approximately 1,150 feet to the main hatchery driveway off Bell Hill Road shall be closed to all fishing.

1995, Fish and Wildlife Board Reg. No. 1012, eff. Jan. 2, 1996.

§ 139. Fish importation.

1. Authority.
2. This rule is adopted pursuant to 10 V.S.A §§ 4081(a), 4082, 4083 and 4605 which authorize the board to carry out the purposes of protecting the state's fish and the waters of this state.
3. Purpose:
4. It is the purpose of this regulation to carry out the mandate of the Vermont general assembly to control through a permit program the importation of fish as provided in 10 V.S.A. § 4605 to guard the health of Vermont's fish populations and prevent the introduction of fish and fish diseases that could have the potential to cause harm to fish populations in the waters of the state.
5. Definitions.
6. Fish - all fresh and salt-water fish species including fish ovum and fish semen that will be introduced into any of the inland or outlying waters of the state as defined in 10 V.S.A. § 1251(13) .
7. Board - Vermont Fish and Wildlife Board
8. Department - Vermont Fish and Wildlife Department
9. Commissioner - Fish and Wildlife Department Commissioner
10. Person - an individual, association, corporation, partnership, or municipality.
11. State - State of Vermont
12. Fish Hatchery - Any fish culture station, hatchery, rearing pond, net pen, container which holds, rears or releases fish for sale and/or distribution in waters of Vermont.
13. Importation of Fish.
14. It is unlawful for any person to bring into the State any fish that will be introduced into any of the inland or outlying waters of the State unless upon application in writing and receipt of a fish importation permit from the Commissioner.
15. No person shall import fish unless the fish come from a fish hatchery approved by the Commissioner.  Fish disease inspection shall be made by inspection of the fish at the hatchery source by an inspector acceptable to the Department.  Inspection procedures, methods of diagnosis, and inspection frequency will be specified by the Department.
16. Notwithstanding the provisions of paragraph 4.2, the Commissioner may, subject to conditions designed to protect the fish and wildlife in the State, permit the importation of live wild caught fish species from waters identified in a list maintained by the Department.
17. No fish that are considered endangered or threatened by the Department shall be permitted into the State unless the Department determines that the intent of such importation is for scientific purposes or for purposes of re-establishment of fish populations.
18. The importation and possession of dead fish is exempt from this regulation provided they are disposed of to guard against the introduction of fish diseases to State waters.  Acceptable disposal methods include: 1) placement of all fish waste products in an approved state landfill; or 2) incineration of all fish waste products; or 3) burial of fish on private land only, no less than one hundred feet from a public water.
19. Dead fish imported and possessed as bait must be processed through approved methods which eliminate all fish pathogens.  These approved methods will be identified in a list maintained by the Department.
20. Permits.
21. Bait Dealers Permit
22. All commercial dealers who import, export or sell fish must first obtain a valid bait dealers permit pursuant to 10 V.S.A App. § 122.
23. Importation Permit
24. The Commissioner shall not issue a permit unless it has been determined that the fish proposed to be brought into the State do not conflict with the purpose of this regulation.
25. For all fish species, the Commissioner shall consider the following criteria in determining whether to issue a fish importation permit: does the fish proposed for importation pose a potential threat to the fisheries resources of the State through diseases or species competition; are they free of all disease organisms as the Department may specify; could the fish be a significant competitor with resident fish and wildlife for food and habitat; could the fish be destructive to habitat; could the fish be a threat to the health of resident fishes, wildlife, or humans; and could the fish pose any other threat to public or private interests as may be determined by the Department.
26. Temporary Exhibition
27. Any person importing fish for the purposes of temporary exhibition must obtain a fish importation permit from the Commissioner.  The Commissioner may impose conditions necessary to protect the health and welfare of Vermont's fish and wildlife.
28. Applications.
29. Application for a fish importation, bait dealers, scientific, education, or temporary exhibit permit must be complete and submitted to the Department on an application form to be provided by the Department.   For an application to be considered complete, it must be legible, must contain all information requested by the Department, shall contain no false statements, must bear the applicant's official signature and must be accompanied by the required application fee.
30. With regard to all fish, the applicant shall present to the Department, as a requirement of the permit, written fish health inspection reports as the Department may specify.  Fish health inspection reports shall be made by a qualified fish health inspector acceptable to the Department.
31. Inspections.
32. Persons holding a fish importation, bait dealers and education or temporary exhibit permit shall allow inspection at reasonable times of their premises, facilities, records, and fish by state game wardens or other duly authorized persons as the Commissioner may direct.
33. The issued permit shall be available for inspection by any duly authorized persons as the Commissioner may direct.
34. Quarantine, Destruction, Sterilization and Disposition Where Disease and Harmful Species are Present.
35. The Department may require a period of quarantine and treatment, the destruction of fish, and/or order whatever remedial action necessary; if a harmful fish species and/or fish pathogens are confirmed.  This shall occur at the expense of the owner.
36. Commercial hatcheries or ponds under private ownership may be ordered by the Department to be sterilized at the expense of the owner, if upon inspection a harmful fish pathogen or species is confirmed.
37. Any fish, which are brought into the state in violation of these regulations or kept in violation of any permit issued may be disposed of in accordance with 10 V.S.A. § 4709 .

    Added 2007, Fish and Wildlife Reg. No. 881A, eff. March 13, 2007.

§ 140. Commissioner's Rule Private Stocking of Fish in Public and Private Waters.

1. Authority.
2. Title 10 V.S.A. § 4081(a) provides that the protection, propagation, control, management, and conservation of fish, wildlife, and furbearing animals in Vermont is in the interest of public welfare and that the safeguarding of these valuable resources for the people of the state requires a constant and continual vigilance.
3. This rule is adopted in accordance with 10 V.S.A. § 4605(c) which authorizes the Commissioner to promulgate rules and require a permit prior to introducing of attempting to introduce fish species into waters of the State.
4. Purpose:
5. The purposes of this rule are to protect the health of Vermont's fish populations by preventing the introduction of fish species or pathogens that have the potential to cause harm to the fish populations of the state, and to implement the fish management objectives of the Department.
6. Definitions.
7. "Fish" means all live fresh- and salt-water fish species including viable fish ovum and viable fish semen.
8. "Department" means the Vermont Department of Fish and Wildlife.
9. "Commissioner" means the Vermont Department of Fish and Wildlife Commissioner.
10. "Permit" means the Fish Stocking Permit required under this rule.
11. "Person" means an individual, association, corporation, partnership, or municipality, or other entity.
12. "Private Fish Propagator" means a private fish culture facility that has been approved by the Department and has been issued a Vermont Fish Breeders License or Fish Importation Permit.
13. "Private Pond" means a body of standing water as defined by 10 V.S.A. § 1442(14) , that is a natural water body of not more than 20 acres located on property owned by one person or an artificial water body of any size located on property owned by one person. A "private pond" shall include a reservoir specifically constructed for one of the following purposes: snowmaking, storage, golf course irrigation, stormwater management, or fire suppression.
14. "State" means State of Vermont.
15. "Stocking" means the intentional release of fish into Waters of the State of which they did not originate.
16. "Waters of the State" means all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, springs, and all bodies of surface waters, artificial or natural, which are contained within, flow through or border upon the State or any portion of it, as defined by 10 VSA § 1251(13).
17. Fish Stocking Permit Requirements.
18. A person shall not stock any Waters of the State, with any fish species or fish eggs without first obtaining a Fish Stocking Permit from the Commissioner of the Department, except that:
    1. A Fish Stocking Permit is not required to stock a Private Pond with no inlet or outlet with access to Waters of the State; however, other rules such as rules or statutes regarding possession and transport of fish may apply; and
    2. A person or Private Fish Propagator may stock a Private Pond with an inlet or outlet with access to Waters of the State; located on property owned by one person, with brook trout (Salvelinus fontinalis), brown trout (Salmo trutta), and rainbow trout (Oncorhynchus mykiss) without a permit provided that the person stocks no more than 4,000 fish annually to a single pond.
19. A person or Private Fish Propagator shall only stock brook trout, brown trout, or rainbow trout in Waters of the State.
20. The Commissioner may waive the permit requirement in 4.1 for persons cooperating or partnering with the Department.
21. If a permit is required under this rule, the person who owns the fish at the time of stocking shall apply for the permit.
22. Fish stocked in Waters of the State shall originate from Private Fish Propagators approved by the Department.
23. A person who purchases fish from a Private Fish Propagator, a Vermont Conservation District, or other approved source, and transports those fish themselves, shall be directly liable for compliance with the provisions of this rule.
24. This rule shall not apply to stocking conducted by Department staff or stocking conducted under the supervision of or at the direction of the Commissioner.
25. Permit Applications.
26. All applications for a Fish Stocking Permit shall be complete and submitted to the Department on an application form provided by the Department.  For an application to be considered complete, it shall be legible, shall contain all information requested by the Department, shall contain no false statements, shall bear the applicant's official signature and shall be accompanied by the required application fee.
27. During review of an application, the Commissioner shall consider the following criteria:
    1. The water source and discharge location of the waterbody;
    2. Fish species and fish communities in connected waters or watershed;
    3. The health of native or naturalized fish species;
    4. Fisheries management activities and objectives in connected waters or watershed; and
    5. Any other information the Commissioner deems to be relevant to maintaining the health and management objectives of the Waters of the State to be stocked.
28. A permit issued under this subsection shall include conditions that ensure the health and safety of Vermont's fish communities.
29. Inspections.
30. Persons holding a Fish Stocking Permit shall allow inspection at reasonable times of their premises, facilities, records, and fish by the Commissioner or the Commissioner's designee(s).
31. The permittee shall retain a copy of the permit and make it available for inspection by the Commissioner or the Commissioner's designee(s).
32. The permittee shall possess a copy of the permit and exhibit upon request of the Commissioner or the Commissioner's designee(s) at the time of stocking.
33. Quarantine, Destruction or Sterilization Where Disease and/or Harmful Species are Present.
34. At the expense of the owner, the Department may require the seizure and/or destruction of any fish that the Commissioner determines:
    1. Has been stocked or possessed in violation of this rule or a permit issued under this rule,
    2. Poses a threat to Vermont fisheries, or
    3. Is confirmed to have a fish pathogen or disease.
35. The Commissioner may require commercial hatchery ponds or ponds under private ownership to be sterilized using a method approved by the Department at the expense of the owner if, upon inspection, a harmful fish pathogen or species is confirmed.

    Added 2018, Fish and Wildlife Reg., eff. Feb. 1, 2018.

§ 141. Baitfish Regulation.

1. Authority.

   This regulation is adopted pursuant to 10 V.S.A. §4081(b). In adopting this regulation, the Fish and Wildlife Board is implementing the policy that the protection, propagation, control, management, and conservation of fish, wildlife and furbearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance.

   In accordance with 10 V.S.A. §4082, this regulation is designed to maintain the best health, population and utilization levels of Vermont's fisheries.

   In accordance with 10 V.S.A. §4083, this regulation establishes open seasons; establishes daily, season, possession limits and size limits; prescribes the manner and means of taking fish; and prescribes the purchase, sale, and use of baitfish.

2. Purpose:
3. This regulation applies to fish used as bait.  This regulation shall apply to all persons who take, possess, transport, use, purchase, or sell baitfish.
4. The purpose of this regulation is to: a) conserve and protect the fish, and fisheries in the state, b) maintain the best health of species and natural ecological systems in the state, c) prevent the introduction or spread of diseases or parasites harmful to humans and wild species, and d) prevent the escape or release of non-native species or species that injure or compete with natural ecological systems and processes.
5. Definitions.
6. "Application" means a specific form provided by the Department of Fish and Wildlife.
7. "Baitbox" means a receptacle used for holding or keeping baitfish alive for personal use.  A legal baitbox shall not exceed 25 cubic feet in volume.
8. "Baitfish" means fish species and parts thereof, living or dead, used for the purpose of attracting and catching fish.
9. "Baitfish zone" means a specific geographic area, where it is permissible to use baitfish in accordance with this regulation, and the area is described and depicted on a map by the Commissioner and posted on the Department website.
10. "Black-list water" means a specific waterbody and any listed tributaries where the use of baitfish is restricted in accordance with this regulation, and the waterbody is described and depicted on a map by the Commissioner and posted on the Department website.
11. "Commissioner" means the Commissioner of the Vermont Department of Fish and Wildlife.
12. "Department" means the Vermont Department of Fish and Wildlife.
13. "Fish hatchery" refers to any fish culture station, hatchery, or artificial rearing pond which grows or maintains baitfish for sale in Vermont.
14. "Ice fishing" means a manner of fishing as described in 10 V.S.A App. §122 Subsection 4.0.
15. "Open-water fishing" means a manner of fishing as described in 10 V.S.A. App. § 122 Subsection 3.0.
16. "Permit" is a document from the Commissioner granting a Commercial Bait Dealers Permit.
17. "Waterbody" means any lake, pond, river, or stream including all tributaries upstream to the first barrier impassable to upstream fish movement.
18. "Commercially preserved baitfish" means baitfish which are chemically treated in a manner approved by the Department, and then packaged for retail sale.
19. "Personal baitfish harvest" and "Personally harvested baitfish" means baitfish taken for non-commercial use.
20. Personal Baitfish Harvest.
21. Personally harvested baitfish from black-list waters shall not be used on any other waters or transported away from the black-list water from which they were harvested.
22. Personally harvested baitfish may be used on multiple waterbodies and may be transported away from the waterbody from which they were collected and retained for later use, provided that all of the following criteria are met:
23. The personally harvested baitfish shall not be harvested from or have been previously used on a black-list water;
24. Personally harvested baitfish shall only be used in the same baitfish zone they were harvested in; and
25. A person using personally harvested baitfish on any waterbody that is different from the waterbody where the baitfish was harvested shall possess a wild baitfish endorsement in accordance with Subsection 6.0 of this regulation.
26. A person shall only harvest for use as bait those fish species listed under Subsection 8.1, 8.2, 8.3, and 8.4 of this regulation.
27. Personally harvested baitfish shall only be taken by the following methods: a) minnow traps no longer than eighteen inches with an entrance for fish not exceeding one inch in diameter, b) dip nets, cast nets, and umbrella nets not exceeding a total of 51 square feet of mesh, or a seine net not exceeding 25 feet in length, c) Open-water/ice fishing by hook and line.
28. No person shall personally harvest baitfish in seasonally closed waters for trout as listed in 10 V.S.A. App. § 122, Subsection 7.0, except during the open season for trout. Personal baitfish harvest in seasonally closed waters during open seasons for trout shall only be conducted by open-water/ice fishing or the use of minnow traps no longer than eighteen inches with an entrance for fish not exceeding one inch in diameter.
29. All traps, nets, baitboxes or other holding receptacles capable of taking, holding or keeping live baitfish in public waters shall be marked with the name, address, and telephone number of the owner and user.
30. Baitfish may be held on the water in a baitbox as defined in Subsection 3.2 of this regulation.
31. Only a person with a valid wild baitfish endorsement (Subsection 6.0) may transport unused personally harvested baitfish, collected in non-black-list waters, away from waters of the state for later use.  Baitfish may be held in waters of the baitfish zone where they were harvested provided the water is not a black-list water or waters described in Subsection 12.0.  Outside of the baitfish zone where harvested, the baitfish shall be kept in a closed container isolated from any inflow of lake, pond, or stream water, or outflows to such waters of the state.
32. No person shall personally harvest baitfish from any waterbody of the state that is defined as closed to baitfish harvest. The Department will maintain and make available a list of closed waters.
33. Fish eggs may be collected from legally harvested fish from Vermont waters, and used immediately as bait on the same water where taken unless that waterbody has been closed to baitfish collection.  Personally harvested fish eggs shall not be transported and used in any waterbody other than the waterbody where the fish eggs were harvested.  No person shall transport fish eggs away from a waterbody and return them to the same waterbody for use as bait unless they have been processed in a manner approved by the Department as described on the Department website.
34. Commercially Purchased Baitfish.
35. No person shall import baitfish into the State of Vermont without a fish importation permit, except as provided for in subsections 5.8 and 5.9 of this regulation.
36. A person purchasing commercial baitfish shall retain a transportation receipt issued by a state-approved commercial bait dealer, authorizing transportation of baitfish overland. The receipt shall contain the following information: 1) A unique receipt identification number, 2) The name and telephone number of the bait dealer, 3) time and date of sale, 4) species purchased, 5) quantity purchased, 6) baitfish zone or black-list water (limited to one) in which the baitfish will be used, and 7) the signature of purchaser.
37. A person in possession of commercially purchased baitfish shall only use those baitfish in the baitfish zone or black-list water recorded on the transportation receipt and shall retain and exhibit the receipt upon request of the Commissioner or the Commissioner's designee(s).
38. A transportation receipt shall be valid for 10 days from time and date of sale.
39. A person may transport unused commercially purchased baitfish away from waters of the state, and retain for later use in the same baitfish zone or black-list water as indicated on the baitfish transportation receipt, with the following prohibitions.
40. A person shall not transport unused commercially purchased baitfish away from a black list water if the baitfish transportation receipt does not specify that black list water.
41. A person shall not transport unused commercially purchased smelt for the use as bait away from a black list water.
42. A person transporting unused commercially purchased baitfish away from waters of the state for later use may hold them in waters of the baitfish zone listed on the transportation receipt provided that the water is not a black-list water and the holding waters are not listed in subsection 12.0 of this regulation.  Outside of the baitfish zone or black-listed water listed on the transportation receipt, the commercially purchased baitfish shall be kept in a closed container isolated from any inflow of lake, pond, or stream water, or outflow to such waters of the state.
43. Baitfish may be held beyond the 10 days period in a baitfish zone or black-list water provided they remain in the same waterbody in a baitbox in accordance with Subsection 3.2 of this regulation.
44. A person may purchase baitfish from a New York baitshop for use in the Lake Champlain black-list water, provided the baitshop is Vermont-licensed, and the baitfish are accompanied by a Vermont-issued baitfish transportation receipt.  For the purposes of this regulation, the Lake Champlain black-list water are defined in 10 V.S.A. Appendix § 122 Subsection 5.
45. A person may purchase baitfish from a New Hampshire baitshop for use in the Connecticut River black-list water, provided the baitshop is Vermont-licensed, and the baitfish are accompanied by a Vermont-issued baitfish transportation receipt.  For the purposes of this regulation, the Connecticut River is defined as all waters of the river including the bays, setbacks, and tributaries, but only to the first highway bridge crossing said tributaries on the Vermont side.
46. Commercially prepared and preserved baitfish and fish eggs available from retail stores may be purchased and used as bait, taken home, and kept for later use provided they are retained in the original packaging at all times.
47. Wild Baitfish Endorsement.
48. Any person who wishes to use, sell, or transport personally harvested baitfish outside of the waterbody in which they were harvested must possess and exhibit upon request of the Commissioner or the Commissioner's designee(s) a wild baitfish endorsement as developed and administered by the Department.
49. A person who wishes to obtain a wild baitfish endorsement shall satisfactorily complete a wild baitfish certification course.
50. The wild baitfish certification course shall instruct participants regarding the requirements of the baitfish regulations and the vectors and risks associated with aquatic nuisance species and pathogens.
51. Commercial Bait Dealers.
52. Any person who buys baitfish for resale or sells baitfish shall obtain a commercial bait dealers permit from the Commissioner except as provided for in subsection 7.2. Only persons operating a place of business and offering baitfish for sale to the public may apply for and hold a commercial bait dealers permit.
53. A commercial bait dealers permit is not required when:
54. A person only sells commercially preserved baitfish as defined in Subsection 3.13 of this regulation.
55. A person sells baitfish as specified by subsections 8.1 and 8.2 to another angler while on the same waterbody where the baitfish were personally harvested.
56. A person sells personally harvested rainbow smelt and meets the following criteria:
57. .1  The personally harvested rainbow smelt shall be harvested, transported, and possessed in accordance with subsection 4.0 of this regulation.
58. .2  The buyer shall possess a valid zone-specific commercial bait dealers permit.
59. .3  The commercial bait dealer's zone designation shall be the same zone from which the personally harvested rainbow smelt were harvested.
60. .4  The seller shall possess a valid wild baitfish endorsement in accordance with subsection 6.0 of this regulation.
61. .5  The seller shall complete and sign an affidavit, as specified by subsection 7.11.1 of this regulation, attesting the waterbody of origin for any personally harvested rainbow smelt that are sold.
62. Commercial bait dealers shall only purchase and sell the baitfish species listed under subsection 8.1 of this regulation.  Commercial bait dealers may also sell rainbow smelt as bait, provided one of the following criteria are met:
63. Rainbow smelt are obtained from a fish hatchery approved by the Commissioner as set forth in subsection 7.5 of this regulation and its subsections: or
64. Rainbow smelt are harvested by open-water/ice fishing and sold for use on the same waterbody on which the bait dealer is located in accordance with subsection 7.6 of this regulation and its subsections; or
65. Rainbow smelt are commercially purchased or harvested in accordance with subsection 7.7 and its subsections.
66. Commercial bait dealers must declare in their permit application if they will be a statewide baitfish dealer, waterbody-specific baitfish dealer, or a zone-specific baitfish dealer (limited to one).
67. Statewide baitfish dealers are prohibited from possessing, buying or selling wild-caught baitfish.
68. Baitfish sold by statewide baitfish dealers shall originate from a fish hatchery approved by the Commissioner.
69. Statewide baitfish dealers shall hold or keep baitfish in waters drawn from a secure well, a municipal water source, or other water source approved by the Department.
70. Baitfish sold by statewide baitfish dealers may be used in waters throughout the state, except those waters listed in subsection 12.0 of this regulation.
71. Waterbody specific baitfish dealers shall declare on their permit application the waterbody on which they are located.
72. Waterbody-specific baitfish dealers may harvest wild baitfish only from the declared waterbody and offer them for sale and use only on the declared waterbody.
73. The baitfish facilities of waterbody specific bait fish dealers shall discharge to their declared waterbody. The discharge treatment infrastructure shall adequately filter and disinfect water to the satisfaction of the Department. Note that this does not relieve the baitfish dealer from compliance with all other applicable requirements.
74. No waterbody-specific baitfish dealer shall harvest baitfish by netting in or on seasonally closed waters for trout as listed in 10 V.S.A. Appendix § 122 Subsection 7.0 unless otherwise permitted by their commercial bait dealers permit. Waterbody specific baitfish dealers shall not operate dip nets, cast nets, or umbrella nets exceeding 51 square feet of mesh, or a seine net exceeding 125 feet in length, for the purposes of taking fish for bait, unless otherwise permitted by their commercial bait dealers permit.
75. All traps, nets, baitboxes or other holding receptacles capable of taking, holding or keeping live baitfish in public waters shall be marked with the name, address, and telephone number of the owner and user.
76. No person shall commercially harvest baitfish on any waterbody of the state that is listed as closed to baitfish harvest.  The Department will maintain and make available a list of closed waters.
77. Zone-specific baitfish dealers shall declare on their permit application the waterbody on which they are located, the baitfish zone in which they are located, the baitfish zone from which they intend to harvest, and purchase wild baitfish (limited to one) and the baitfish zone where the baitfish they sell may be used (limited to one).
78. Zone-specific baitfish dealers shall be located in the baitfish zone which they intend to harvest, purchase, hold, and sell baitfish in, with the following exceptions:
79. .1  Baitfish may be purchased from a fish hatchery approved by the Commissioner outside of the zone-specific dealer's baitfish zone and sold as zone-specific baitfish.
80. .2  A Zone-specific baitfish dealer can be physically located outside of the baitfish zone in which they intend to sell baitfish for provided they hold or keep baitfish in water drawn from a secure water source as approved by the Department.
81. Zone-specific baitfish dealers shall harvest and purchase wild baitfish only from the declared baitfish zone where the baitfish they sell may be used, and such baitfish shall be offered for sale and use only in the declared baitfish zone or black-list water within the declared baitfish zone.
82. Zone-specific baitfish dealers may purchase wild rainbow smelt provided they meet the provisions of subsections 7.2.3 and 7.11.1 of this regulation.
83. Zone-specific baitfish dealers shall not harvest or purchase wild baitfish which are from or have been used previously on a black-list water nor shall they hold or keep baitfish in waters drawn from a black-list water.
84. The baitfish holding facilities of zone-specific baitfish dealers shall discharge to the declared baitfish zone or to a water treatment infrastructure which adequately filters and disinfects water to the satisfaction of the Department. Note that this does not relieve the baitfish dealer from compliance with all other applicable requirements.
85. No zone-specific baitfish dealer shall harvest baitfish by netting in seasonally closed waters for trout as listed in 10 V.S.A App § 122 subsection 7.0, unless otherwise permitted by their commercial bait fish dealers permit.  No zone-specific baitfish dealer shall operate dip nets, cast nets, or umbrella nets that exceed 51 square feet of mesh, or a seine net that exceeds 125 feet in length, for the purposes of taking fish for bait, unless otherwise permitted by their commercial bait dealers permit.
86. All traps, nets, baitboxes, or other holding receptacles capable of taking, holding, or keeping live baitfish in public waters shall be marked with the name, address, and telephone number of the owner and user.
87. No person shall commercially harvest baitfish on any waterbody of the state that is defined as closed to baitfish harvest.  The Department will maintain and make available a list of closed waters.
88. A commercial bait dealer shall provide to each customer at the point of sale a copy of a transportation receipt containing the following information: 1) A unique receipt identification number, 2) The name and telephone number of the bait dealer, 3) time and date of sale, 4) species purchased, 5) quantity purchased, 6) baitfish zone or black-list water (limited to one) in which the baitfish will be used, and 7) the signature of purchaser.
89. A transportation receipt shall be valid for 10 days from time and date of sale.
90. Receipt books shall be provided to commercial bait dealers by the Department.
91. Any holder of a commercial bait dealers permit shall maintain receipts or records for each lot of wholesaled hatchery-raised or wild-caught baitfish introduced into their shop. The receipts or records shall include: name, address and telephone number of seller (for wholesaled baitfish), and date received, species identification, and quantity purchased or harvested, for wholesaled and wild-caught baitfish. The permit holder shall retain the receipts and records for at least one year after the date of sale or harvest. Receipts or records shall be provided to the Department immediately upon request.
92. 7.11.1  Any holder of a commercial bait dealers permit that purchases personally harvested wild rainbow smelt from a person shall maintain a list of purchases which includes: name, address, telephone number, and signature of the seller, date of sale, quantity of fish purchased, and waterbody of origin.  Such form will be provided by the Department to the commercial bait dealer.
93. Approved Species of Fish for use as Bait.
94. Banded killifish Fundulus diaphanus       Blacknose dace Rhinichthys atratulus       Bluntnose minnow Pimephales notatus       Common shiner Luxilus cornutus       Creek chub Semotilus atromaculatus       Eastern silvery minnow Hybognathus regius       Emerald shiner Notropis atherinoides       Fallfish Semotilus corporalis       Fathead minnow Pimephales promelas       Golden shiner Notemigonus crysoleucas       Longnose dace Rhinichthys cataractae       Longnose sucker Catostomus catostomus       Mimic shiner Notropis volucellus       Northern redbelly dace Phoxinus eos        Spottail shiner Notropis hudsonius       White sucker Catostomus commersoni
95. Rainbow smelt Osmerus mordax may be taken only by open-water/ice fishing and may be commercially sold as bait.
96. The following additional fish species, or parts thereof, may be taken only by open-water/ice fishing and used for bait only in those waters where taken and shall not be transported alive from those waters.       Bluegill Lepomis macrochirus       Pumpkinseed Lepomis gibbosus       Rock bass Ambloplites rupestris       Yellow perch Perca flavescens
97. Lake Champlain - In addition to subsection 8.2, the following fish species, or parts thereof, may be taken only by open-water/ice fishing in Lake Champlain and used as bait in Lake Champlain, as described in 10 V.S.A. App § 122 subsection 5.0, and may not be commercially harvested or sold as bait; Alewife may only be used/possessed if dead:        Alewife Alosa pseudoharengus       White perch Morone americana
98. All other species of fish are prohibited for use as bait.
99. Commercial Bait Dealer Application Process.
100. A person who wishes to obtain a commercial bait dealers permit shall apply to the Commissioner in writing on a form provided by the Department.  The Department may require the applicant to submit such additional information as is necessary to determine that the permitted activities comply with the purposes of this regulation, including but not limited to fish health testing, and an analysis of the impact of the sale of baitfish on Vermont's fish species, fisheries, and natural ecosystems and processes.
101. If the application is deficient, the Department shall inform the applicant of the deficiencies and return the application within 30 days of receipt, along with any associated fee, to the applicant for revision and re-submission.
102. If the application is denied, the Commissioner shall, within 30 days of receipt of application, send the applicant a written denial setting forth the reasons for the denial.
103. Permit Compliance.
104. The Permittee shall make the permit available upon request by Commissioner or Commissioner's designee. Premises and equipment used by persons to take, harvest, purchase, store, or sell baitfish shall be accessible for inspection by the Commissioner and his or her designee. Samples for species determination or disease examination shall be provided immediately upon request.
105. Permittees shall provide the Department with additional information as requested on an annual basis or prior to the re-issuance of a new permit.
106. Permit Revocation.
107. The Commissioner may revoke any permit for: any violation of a permit; failure to comply with this regulation; a violation of any regulations of the Board; a violation of the provisions of Part 4, Title 10, Vermont Statutes Annotated; or if the Commissioner determines that the revocation is necessary to protect fish or fisheries of Vermont.
108. The Commissioner shall comply with all applicable requirements of 3 V.S.A. Chapter 25, related to any permit revocation.
109. Appeals of the decisions of the Commissioner are subject to the Vermont Rules of Civil Procedure.
110. Use of fish as bait.  The use of fish in any form whether alive or dead for bait in fishing is prohibited in:       Adams Reservoir, Woodford;       Beaver Pond, Holland;       Beebe Pond, Sunderland;       Big Mud Pond, Mt. Tabor;       Blake Pond, Sutton;       Bourn Pond, Sunderland;       Branch Pond, Sunderland;       Cow Mountain Pond, Granby;       Griffith Lake, Mt. Tabor;       Jobs Pond, Westmore;       Lewis Pond, Lewis;       Little Rock Pond, Wallingford;       Martins Pond, Peacham;       McIntosh Pond, Royalton;       North Pond, Chittenden;       Notch Pond, Ferdinand;       Red Mill Pond, Woodford;       Sterling Pond, Cambridge;       South America Pond, Ferdinand;       Stratton Pond, Stratton;       Unknown Pond, Averys Gore;       Unknown Pond, Ferdinand       and any additional waters created or reclaimed by the Department. This regulation shall be posted at all waters affected.

     Added 2019, Fish and Wildlife Reg., eff. Jan. 1, 2020.