§4827. Black bear doing damage

Link to law: http://legislature.vermont.gov/statutes/section/10/113/04827
Published: 2015

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The Vermont Statutes Online



Conservation and Development








4827. Black bear doing damage

(a)(1) Except as

provided in subdivision (2) of this subsection and in subsection 4827a(b) of

this title, a person, an authorized member of the person's family, or the

person's authorized regular on-premise employee may, after attempting

reasonable nonlethal measures to protect his or her property, take on land

owned or occupied by the person a bear which he or she can prove was doing

damage to the following:

(A) livestock, a

pet, or another domestic animal;

(B) bees or bee


(C) a vehicle,

building, shed, or any dwelling; or

(D) a crop or

crop-bearing plant other than grass.

(2)(A) The

requirements of subdivision (1) of this subsection shall not apply in exigent

circumstances. As used in this subdivision, "exigent circumstances"

means the need for immediate protection of a person, livestock, pet, domestic

animal, or occupied dwelling.

(B) Landowners

or lessees subject to bear damage in unharvested cornfields shall be exempt

from having to first use nonlethal control measures prior to taking a black

bear doing damage under subdivision (a)(1) of this section.

(b) A person

authorized to take a bear under subsection (a) of this section may designate

one individual who holds a resident Vermont hunting license as an agent to take

a bear doing damage on his or her behalf. The person may not offer or accept

any form of payment to or from the agent under this subsection except as

allowed in subsection (e) of this section.

(c) A person who

wounds or kills a bear pursuant to this section shall immediately report the

wounding or killing to a game warden. Within 12 hours of the wounding or

killing, the 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.

(d) A person who

kills a bear under this section shall immediately properly dress the carcass

and care for the meat.

(e) The game

warden shall immediately investigate the case and if satisfied that the bear

was taken as provided in this section, the warden shall give the person who

owns or occupies the land a certificate of his or her finding in the matter.

The certificate shall entitle the person who owns or occupies the land to the

ownership of the carcass. However, the person may not sell or give away the

carcass except to offer all or a portion of it to an agent designated under

subsection (b) of this section as compensation for killing the bear. 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.

(f) Repealed.]

(g) The

Commissioner is authorized to issue an order requiring a person to contain food

which has the effect of luring a bear onto property owned or occupied by the

person. In this subsection, food does not include a crop, a crop bearing plant,

or livestock. The order shall include specific measures which would constitute

containing the food and the date by which the food shall be contained.

Containing food means to prevent a bear from having access to the food.

Following issuance of an order under this subsection, a person who fails to

contain the food may not shoot a bear causing damage pursuant to this section.

However, if the person contains the food and a bear continues to do damage

pursuant to subsection (a) of this section, 30 days or more after containment,

the person may take the bear pursuant to this section.

(h) A person who

shoots a bear in violation of subsection (g) of this section or subsection

4827a(b) of this title may be fined up to $2,000.00. A person who does not

remove bait or contain food following an order issued under subsection (g) of

this section or subsection 4827a(b) may be fined up to $1,000.00. (Added 1961,

No. 119, § 1, eff. May 9, 1961; amended 2003, No. 99 (Adj. Sess.), § 1, eff.

April 27, 2004; 2013, No. 78, § 16.)