§37. Deer Management Rule


Published: 2015

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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.)

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