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The Vermont Statutes Online
Title
10APPENDIX
:
Vermont Fish and Wildlife Regulations
Chapter
001
:
GAME
[effective until January 1, 2016]
[Section 37 effective until January 1,
2016; see also section 37 effective January 1, 2016 set out below.]
§
37. Deer Management Rule
1.0 Authority
1.1 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 fur-bearing 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.
1.2 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.
1.3 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 size.
2.0 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.
3.0 Definitions
3.1 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, provided they are not
designed to be consumed by eating or licking or any scent placed on clothing,
for the purposes of providing cover scent, shall not be bait for the purposes
of this rule.
3.2 Baiting:
"Baiting " is the placing of any animal, vegetable or mineral matter,
except scents and lures as defined in paragraph 3.1, that has the effect of
enticing wildlife to a certain location.
3.3 Bona fide
agricultural practices: Practices that have been employed to plant, grow and
harvest an agricultural product conducted in the usual manner.
3.4 Board: The
Vermont Fish and Wildlife Board.
3.5 Antlerless
Deer: "Antlerless Deer " are defined as those deer without antlers or
with no antler longer less than three (3") inches long.
3.6 Antler
Point: A "point " is an antler projection of at least 1"
measured from base to tip. A broken main beam shall count as a point regardless
of length.
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3.7 Legal Buck:
any whitetail deer with at least one antler with two or more antler points.
3.8 Youth: A
person who is under 15 years of age or younger.
4.0 Regular
Rifle Season
Pursuant to 10 V.S.A.
§ 4741, for the 16 consecutive calendar days commencing 12 days prior to
Thanksgiving day, a person may take by lawful means one legal buck.
5.0 Annual Deer
Limit
A person shall
not take more than three white-tailed deer in a calendar year, only two of
which may be a legal buck.
6.0 Deer;
Seasons for Taking by Muzzleloading Firearm
6.1 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 white-tailed deer by muzzleloading firearm. Only one legal buck may be
taken unless the person possesses an antlerless permit.
a) If the Board
has authorized the taking of antlerless deer, and if an individual possesses a
permit to take an antlerless deer, then the individual may take an antlerless
deer as authorized.
6.2 A person
hunting with a muzzleloading firearm under this section shall obtain a license
as provided in 10 V.S.A. § 4252.
6.3 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.
6.4 No person
taking deer by means of muzzleloader may possess archery equipment or crossbow
while hunting.
6.5 Limit: No
more than two deer, only one of which may be a legal buck, may be taken during
muzzleloader season, not to exceed the annual limit as prescribed in Section
5.1 of this rule.
7.0 Archery
Season for Taking by Bow and Arrow or Crossbow
7.1 Archery
Season: For the 23 consecutive calendar days commencing on the first Saturday
in October and the nine consecutive calendar days starting on the first
Saturday after the completion of the regular rifle deer hunting season.
7.2 One legal
buck may be taken during the archery season anywhere in the state. In Wildlife
Management Units declared open by the Board to the taking of antlerless deer, a
person may take antlerless deer.
7.3 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 tag will be valid
for one deer; additional tags are required for the taking of additional deer in
accordance with 10 V.S.A. § 4252.
7.4 Crossbows
shall not be carried or used as a means of take by any person hunting or taking
a deer except by a person holding a permit issued under 10 V.S.A. § 4711.
7.5 No person
taking deer with a bow and arrow or crossbow under this section may possess a
firearm while hunting and no deer may be taken by firearms while archery
hunting.
7.6 Limit: No
more than three deer, only one of which may be a legal buck, may be taken
during this season; not to exceed the annual limit as prescribed in
Section 5.0 of this rule.
8.0 Youth Deer
Hunting Weekend
8.1 Pursuant to
10 V.S.A. § 4742a, the Saturday and Sunday prior to the opening day of the
regular rifle deer hunting season shall be youth deer hunting weekend.
8.2 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.
8.3 To
participate in the youth deer hunt, a qualified youth must have a valid Vermont
hunting license and a youth deer hunting weekend tag.
9.0 Feeding of Deer
9.1 No person
shall feed white-tailed deer at any time in Vermont except:
a. 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
b. By planting,
cultivating or harvesting of crops directly associated with bona fide
agricultural practices, including planted wildlife food plots; or
c. By distribution
of food material for livestock directly associated with bona fide agricultural
practices; or
d. By cutting of
trees or brush; or
e. 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.
10.0 Baiting
10.1 No person
shall take deer by using bait. Exempted from this prohibition are:
a. Incidental
feeding of wildlife within active livestock operations;
b. Standing
crops planted and left standing as food plots for wildlife;
c. Grain or
other feed scattered or distributed solely as a result of normal agricultural,
gardening, or soil stabilization, and logging practices;
d. Vegetation or
food/seed naturally deposited.
10.2 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 fur-bearers as authorized under 10 V.S.A. § 4252(3) may use bait
in conjunction with traps being set to take fur-bearers. (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.)
[effective January 1, 2016]
[Section 37 effective January 1, 2016; see
also section 37 effective until January 1, 2016 set out above..]
§
37. Deer Management Rule
1.0 Authority
1.1 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 fur-bearing 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.
1.2 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.
1.3 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.
2.0 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.
3.0 Definitions
3.1 Anterless
Deer: "Antlerless Deer" are defined as those deer without antlers or
antlers less than three (3") inches in length.
3.2 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.
3.3 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 11 of this regulation and are not designed to be consumed by eating or
licking shall not be bait for the purposes of this rule.
3.4 Baiting:
"Baiting" is the use of any animal, vegetable or mineral matter,
including scents and lures prohibited under section 11 of this regulation that
has the effect of enticing wildlife to a certain location.
3.5 Board: The
Vermont Fish and Wildlife Board.
3.6 Bona fide
agricultural practices: Practices that have been employed to plant, grow and
harvest an agricultural product conducted in the usual manner.
3.7 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.
3.8 Legal Buck:
any white-tail deer with at least one antler with two or more antler points one
inch in length or longer.
3.9 Youth: A
person who is 15 years of age or younger.
4.0 Regular
Rifle Season
Pursuant to 10
V.S.A. § 4741, for the 16 consecutive calendar days commencing 12 days prior to
Thanksgiving day, a person may take by lawful means one legal buck.
5.0 Annual Deer
Limit
5.1 A person
shall not take more than three white-tailed deer in a calendar year, only two
of which may be a legal buck.
6.0 Deer;
Seasons for Taking by Muzzleloading Firearm
6.1 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.
a) If the Board
has authorized the taking of antlerless deer, and if an individual possesses a
permit to take an antlerless deer, then the individual may take an antlerless
deer as authorized.
6.2 A person
hunting with a muzzleloading firearm under this section shall obtain a license
as provided in 10 V.S.A. § 4252.
6.3 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.
6.4 No person
taking deer by means of muzzleloader may possess archery equipment or crossbow
while hunting.
6.5 Limit: No
more than two deer, only one of which may be a legal buck, may be taken during
muzzeloader season, not to exceed the annual limit as prescribed in Section 5.1
of this rule.
7.0 Archery
Season for Taking by Bow and Arrow or Crossbow
7.1 Archery
Season: During the period from the first Saturday in October running for 28
consecutive calendar days and the nine consecutive calendar days starting on
the first Saturday after the completion of the regular rifle deer hunting
season.
7.2 One legal
buck may be taken during the archery season anywhere in the state. In Wildlife
Management Units declared open by the Board to the taking of antlerless deer, a
person may take antlerless deer.
7.3 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 tag will be valid
for one deer; additional archery tags are required for the taking of additional
deer in accordance with 10 V.S.A. § 4252 and section 7.6 of this rule.
7.4 Crossbows
may be used as a means of take during any season that permits the use of a bow
and arrow by any person who is 50 years or older or by a person holding a
permit issued under 10 V.S.A. § 4711.
7.5 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.
7.6 Limit: No
more than two deer, only one of which may be a legal buck, may be taken during
the archery season; not to exceed the annual limit as prescribed in
Section 5.1 of this rule.
7.7 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.
8.0 Youth Deer
Hunting Weekend
8.1 Pursuant to
10 V.S.A. § 4742a, the Saturday and Sunday prior to the opening day of the
regular rifle deer hunting season shall be youth deer hunting weekend.
8.2 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.
8.3 To
participate in the youth deer hunt, a qualified youth must have a valid Vermont
hunting license and a youth deer hunting weekend tag.
9.0 Feeding of Deer
9.1 No person
shall feed white-tailed deer at any time in Vermont except:
a. 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
b. By planting,
cultivating or harvesting of crops directly associated with bona fide
agricultural practices, including planted wildlife food plots; or
c. By
distribution of food material for livestock directly associated with bona fide
agricultural practices; or
d. By cutting of
trees or brush; or
e. 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.
10.0 Baiting
10.1 No person
shall take deer by using bait. Exempted from this prohibition are:
a. Incidental feeding
of wildlife within active livestock operations;
b. Standing
crops planted and left standing as food plots for wildlife;
c. Grain or
other feed scattered or distributed solely as a result of normal agricultural,
gardening, or soil stabilization, and logging practices;
d. Vegetation or
food/seed naturally deposited.
10.2 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 fur-bearers as authorized under 10 V.S.A. § 4252(3) may use bait
in conjunction with traps being set to take fur-bearers.
11.0 The Ban of
urine and other natural lures.
11.1 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.
11.2 Restricted
and Permitted Uses of cervid urine, blood, glands, gland oil, feces, or other
bodily fluids.
(a) 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.
b) 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.)
