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Title

10APPENDIX

:
Vermont Fish and Wildlife Regulations






Chapter

001

:
GAME






Subchapter

001
:
GENERAL PROVISIONS










 

§

19a. Rule governing the transition of the relevant captive hunt facility to the

compliance with 10 V.S.A. App. § 19

1.0

Authority 

1.1 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."

1.2 This rule is

promulgated pursuant to 10 V.S.A. §§ 4081, 4082.

1.3 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." 

1.4 In

accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best

health, population and utilization levels of wild animals.

2.0 Purpose and

Policy  The purpose of this rule is to:

2.1 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.

2.2 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."

2.3 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.

2.4 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.

2.5 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."

3.0

Definitions 

3.1

"Animals" means all members of the animal kingdom, wild or domestic.

3.2

"Board" means the Vermont Fish and Wildlife Board.

3.3

"Captive animal" has the same meaning as under 10 V.S.A. §

4715(a)(1).

3.4

"Cervid," "Cervidae," and "deer" means any member

of the Cervidae family.

3.5

"Chronic Wasting Disease" ("CWD") means a transmissible

spongiform encephalopathy (TSE) of cervids.

3.6 "Commissioner"

means the Vermont Fish and Wildlife Department Commissioner.

3.7

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

3.8

"Enclosure" means a structure designed to restrict the free movement

of animals and the area within that structure.

3.9

"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.

3.10 "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.

3.11

"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.

3.12

"Import" means any act of transporting animals into Vermont from any

state or country. 

3.13

"Permit" means a written authorization from the Commissioner

specifically granting a request to import and/or possess animals for hunting

within an authorized facility.

3.14

"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

 

=fn  1 Repealed by Act 54, Section

5. 

3.15 "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).

4.0 Scope of the

Rule  

4.1 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.

4.2 This rule

does not supersede the requirements of 10 V.S.A. App. § 19.

4.3 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.

5.0 Record,

Reporting and Disease Surveillance 2 

 

=fn  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. 

5.1 Records

a) Availability:

Documentation shall be made available to Department personnel immediately upon

request or 24 hours if not practicable.

b) 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.

5.2 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.

5.3

Identification:

a) 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.

b) Other means

of identification are available for approval subject to 10 V.S.A. App. § 19,

Section 5.2(b).

6.0 Annual Herd

Assessment  In order maintain successful

surveillance, the Department shall, on September 1 of each year conduct an

annual assessment, including:

6.1 Herd

Inventory

a) The number of

white-tailed deer and moose taken by the means of hunting by August 31 of that

year;

b) The number of

white-tailed deer or moose experiencing mortality by August 31 of that year;

and

c) 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.

6.2 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.

6.3 Removal of

Wild Cervids

a) Any untagged

white-tailed deer or moose shall be considered a wild animal;

b) All such

animals will be removed either by the relevant captive hunt facility owner or

the Department at the Department's discretion.

6.4

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.

6.5 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.

7.0 Open Season

and Restrictions 

7.1 There is no

closed season for taking of white-tailed deer and moose within the relevant

captive hunt facility subject to the following restrictions:

a) Shooting

Hours: 1/2 before sunrise -  1/2 after

sunset;

b) 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;

c) 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;

d) 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;

e) Legal

Means:  Any white-tailed deer or moose

taken by any legal means as prescribed in 10 V.S.A. Appendix § 37;

f) License:  Any person taking an animal within the

relevant captive hunt facility shall possess a valid and current Vermont

hunting license;

g) 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.

8.0 Percentages

of White-tailed Deer and Moose to be Taken Per Year

8.1 September 1,

2011 - August 31, 2012        

a) White-Tailed

Deer

i) Antlerless:       55%

of antlerless deer

ii) Antlered:       55%

of adult males (bucks)

b) Moose:       50%

of the all the moose

8.2 September 1,

2012  - August 31, 2013       

a) White-Tailed

Deer

i) Antlerless:       65%

of antlerless deer

ii) Antlered:       65%

of adult males (bucks)

b) Moose:       50%

of the all the moose

8.3 September 1,

2013 - August 31, 2014        

a) 100% of the

remaining deer

b) 100% of the

remaining moose 3

 

=fn  3 Consistent with Act 54,

Sec. 5 (c)(2)(B)(i)(I). 

9.0 Posting

9.1 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.)