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The Vermont Statutes Online
Title
10APPENDIX
:
Vermont Fish and Wildlife Regulations
Chapter
001
:
GAME
Subchapter
004
:
FUR-BEARING ANIMALS
§
44. Furbearing species
1.0 Authority
1.1 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 fur-bearing 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.
1.2 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.
1.3 This rule
shall apply to all persons who take or attempt to take fur-bearing animals by trapping or hunting.
2.0 Purpose
The purpose of
this rule is to regulate the taking of fur-bearing animals.
3.0 Definitions
3.1
"Commissioner" means the Commissioner of the Vermont Department of
Fish and Wildlife.
3.2
"Department" means the Vermont Department of Fish and Wildlife.
3.3
"Board" means the Vermont Fish and Wildlife Board.
3.4
"Fur-bearing 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.
3.5
"Trapping" means to take or attempt to take fur-bearing animals with
traps including the dispatching of such lawfully trapped fur-bearing animals.
3.6 A
"trap" means a mechanical device used to capture, kill and/or
restrain fur-bearing animals excluding firearms, muzzleloaders and archery
equipment.
3.7 A
"tanned" pelt is one that has been treated to turn the skin into
leather.
4.0 Restrictions
4.1 A person
trapping for fur-bearing 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.
4.2 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.
4.3 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.
4.4 All traps under
ice will be marked with a tag visible above the ice.
4.5 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.
4.6 A person
shall not use toothed foothold traps or snares when trapping under this
section.
4.7 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.
4.8 A person
shall not possess a living fur-bearing animal, except as provided by rules of
the board or part 4 of Title 10.
4.9 A person
shall not possess a fur-bearing 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.
4.10 A person
shall not possess fur or skin of a fur-bearing animal unlawfully taken.
4.11 A person
shall not take a fur-bearing animal by use of any poisonous mixture.
4.12 A person shall
not take a fur-bearing animal from dens by cutting, digging, smoking, by the
use of chemicals, or by the use of mechanical devices.
4.13 Beaver
Muskrat
a.) When
trapping muskrat between March 1 and March 31, body gripping traps are
restricted to 5 inches or less.
b.) 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.
c.) 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.
d.) 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 Commssioner.
e.) When
trapping beaver between March 1 and March 31, body gripping traps shall:
i.) Have a
parallel trigger and trigger stop. Acceptable trigger stops include twisted
wire, cable ties, wire wrap, or welded bead. The trigger should be offset at
least 8" from one side of the trap and be no longer than 6 1/2 inches.
Trigger wires must be joined together.
ii.) Include
tension adjustable, square-notch trigger brackets. Four-way and/or V-notch
triggers are illegal to use.
iii.) Diagram 1.
below illustrates these requirements.
4.14 Bobcat;
Otter; Fisher
a.) 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.
b.) The skins of
bobcat, otter, and fisher legally taken may be possessed, transported, bought
and sold only when tagged and marked as hereinafter provided.
c.) 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.
d.) 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.
e.) 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.
4.15 Raccoons
a.) 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.
b.) 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.
4.16 Lynx
(a) This
subsection shall be effective on January 1, 2014.
(b) Any person
who incidentally captures a lynx shall notify the Department immediately.
(c) 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:
a. the trap jaws
shall be completely within the device;
b. the trap
springs may extend outside of device through openings no larger than 7.5"
wide by 1.5" high;
c. the device
shall not have an opening greater than 6" by 8";
d. the opening
shall not be directly in front of the trap but shall instead be either on the
top or side of the device;
e. the trap set
within the device shall be a minimum of 18" from the closest edge of the
opening to the trap;
f. there shall
be at least two attachment points for each side of the device where there is a
joint or where panels come together;
g. 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,
h. 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 5above
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 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.
(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:
i. 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.
(d) The establishment of a ten-year "Lynx Study
Period" shall commence on the effective date of this subsection. 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.
5.0 Seasons, Bag Limits
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 fur-bearing animals. The taking
of fur-bearing 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 Feb.
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
(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.
January 1, 2014.)
