§12. Leashed tracking dogs

Link to law: http://legislature.vermont.gov/statutes/section/10APPENDIX/001/00012
Published: 2015

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The Vermont Statutes Online



Title

10APPENDIX

:
Vermont Fish and Wildlife Regulations






Chapter

001

:
GAME






Subchapter

001
:
GENERAL PROVISIONS










 

§

12. Leashed tracking dogs

 Section 1. Definitions:

For the purposes

of this rule:

(a)

"Department" means the Vermont Department of Fish and Wildlife.

(b)

"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.

(c)

"Licensed" means a leashed tracking dog certificate issued pursuant

to this rule, authorizing use of leashed tracking dogs as specified in this

rule.

(d)

"Licensee" means a person who is the holder of a leashed tracking dog

license.

(e)

"Physically incapacitated" means incapable of participating in the

hunt due to physical injury.

(f)

"Dispatch" means to humanely kill.

(g) "Big

game animal" means deer and bear only.

 Section 2. Prohibition:

Except as

permitted by 10 V.S.A. § 4701and 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.

 Section 3. Leashed tracking dog license:

A leashed

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

(a) 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.

(b) Dispatch

wounded or injured big game animals which have been tracked and found in

accordance with and pursuant to the conditions of such license.

(c) 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.

 Section 4. Leashed tracking dog license;

conditions:

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) 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.

(g) 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.

(h) The licensee

must personally carry a current big game license and a valid leashed tracking

dog license when conducting activities pursuant to this rule.

(i) The licensee

must notify the department in writing, of any change of address within 30 days

of that change of address.

(j) The licensee

must submit to the department a written request for license renewal within the

30 days prior to the expiration of such license.

(k) 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.

 Section 5. Leashed tracking dog license

qualifications:

The applicant

for a license must:

(a) Provide

proof of possession of a current Vermont big game hunting license;

(b) 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;

(c) Submit a

non-refundable application fee of $25.00 and a completed application to the

Department prior to taking the written examination;

(d) 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.

 Section 6. Leashed tracking dog license;

issuance:

(a) Applicants

and licensees shall pay the following fees:

(1) Initial

license—resident—$100

non-resident—$200

(2)

Renewal/-resident—$125.00

non-resident—$225.00

(b) A license is

valid for five years from the date of issuance.

(c) A license is

valid only for the individual identified on the license and is not transferable.

(d) 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.

(e) 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.

 Section 7. 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. (1996, Fish and Wildlife Commissioner's Reg. No. 1015, eff.

Sept. 5, 1996.)
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