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Title

10APPENDIX

:
Vermont Fish and Wildlife Regulations






Chapter

001

:
GAME






Subchapter

001
:
GENERAL PROVISIONS










 

§

18. Governing the importation and possession of wild animals, excluding fish

1.0 Authority

1.1 This rule is

adopted pursuant to 10 V.S.A. § 4081(a) and (b) which authorizes the board to

carry out the purposes of protecting the state's wildlife, and 10 V.S.A. § 4709

which regulates the importation and possession of wild birds and animals in the

state and establishes a permit application fee, and 10 V.S.A. § 4152

establishes scientific and education collection permits.

2.0 Purpose

2.1 It is the

purpose of this regulation to carry out the mandate of the Vermont general

assembly to control through a permit program the importation and possession of

wild animals in Vermont as provided in 10 V.S.A. § 4709. It is the purpose of

this statute and its regulations to protect the health, safety and welfare of

animals, both wild and domestic, to prevent damage to agriculture and

livestock, and to protect the health, safety and welfare of human inhabitants

of the state of Vermont.

3.0 Definitions

3.1 Wild Animals

or Wildlife - All animals, including mammals, birds, amphibians and reptiles,

excluding fish and those animals defined by the secretary of agriculture food

and markets by rule as pets and those defined as domestic under paragraph 3.2

of this rule. Included in this definition is any part, product, egg, offspring,

dead body, or part of the dead body of any such wildlife. Wildlife includes all

subspecies of wildlife and any other group of wildlife of the same species, the

members of which may interbreed when mature, including any hybrid species

except wolf-hybrids. Wild animals taken or possessed, or reared in captivity

remain wild animals and are not domestic or tame animals.

3.2 Domestic

Birds and Animals - The department shall provide a list of domestic animals and

shall update the list as needed, adding or deleting animals as necessary. The

list shall be available on the department's web site, from the department's

headquarters and from the department's district offices. The list shall also be

made available to the media as much as practicably possible to provide maximum

notice to the public.

3.3 Board -

Vermont fish and wildlife board

3.4 Department -

Vermont fish and wildlife department

3.5 Commercial -

To sell, have sold, or offer for sale as defined in 10 V.S.A. § 4001(22);

barter, exchange and offering or exposing for sale; and possession with the

intent to sell, import, or export.

3.6 Commissioner

- fish and wildlife department commissioner as defined in 10 V.S.A. § 4001(27).

3.7 Dealer - Any

person, who commercially buys or sells any wild animal, as defined in 3.5.

3.8 Unrestricted

Wild Animals - Those species determined not to conflict with the purposes of

this regulation.

3.9 Native

Wildlife - Native to the state of Vermont, either historically or at present.

4.0 Imporation

or possession of wild animals

4.1 Except as

otherwise provided by law, it is unlawful for any person to bring into or

possess in the state of Vermont any live wild animal, or live ovum or semen

thereof, of any kind, unless upon application in writing, the person obtains

from the commissioner a permit to do so; or the species of animal, ovum, or

semen is listed as a domestic bird or animal, domestic pet, or unrestricted

wild animal.

4.2 The

importation and possession of dead wild animals, in accordance with all laws

and regulations applicable in Vermont or the place of origin, for personal use

are exempt from this regulation.

4.3 The

importation, possession and regulation of pests and beneficial organisms

regulated by the secretary of agriculture, food and markets is exempt from this

regulation.

5.0 Permits

5.1 Dealer's

Permit

All commercial

dealers in Vermont, including, but not limited to pet shop owners, persons

raising frogs for sale as institutional experimental animals, and all persons

who import, export, and/or sell wild birds and animals must first obtain a

valid Dealer's Permit from the department.

 Importation and Possession

Except as

provided herein, the Commissioner shall not issue a permit for the keeping or possession

of any wild animal in captivity, except for bona fide scientific or educational

purposes as permitted by (10 V.S.A. § 4152).

For purposes

other than importation and possession for bona fide research and educational

purposes, the commissioner shall not issue a permit unless it has been

determined that the wild animal or wildlife proposed to be brought into or

possessed in the state does not conflict with the purpose of this regulation.

The commissioner shall establish a list of Unrestricted Wild Animals that do

not conflict with the purpose of this regulation, are commonly sold in the pet

trade, and do not require an Importation and Possession Permit from the

department.

The Unrestricted

Wild Animals List will consist of those species that are determined to be no

threat to the state's native wildlife, minimal threat to human health and

safety, and suitable as pets for the residents of the state. This list is

expected to be revised periodically by the Commissioner depending on recent pet

trade trends, disease, and health issues. The list shall be posted on the

department website and made available at the department's central and district

offices.

 Scientific and Educational Collection

In accordance

with 10 V.S.A. § 4152, the commissioner may issue permits to collect birds,

their nests and eggs and wild animals, or their parts thereof, for public

scientific research, educational purposes, art, or photography.

 Commercial Collection

Any person who

collects any wild animal within the boundaries of the state of Vermont and

sells said wild animal must obtain a Commercial Collection Permit from the

department.

 Temporary Exhibition

Any person

importing or possessing any wild animal for the purposes of temporary

exhibition must obtain from the commissioner a permit to do so; unless the

species is listed as a domestic bird or animal, domestic pet, or unrestricted

wild animal.

 Propagation Licenses

Any person

breeding and propagating wild birds and animals in accordance with 10 V.S.A. §

5207 must obtain from the commissioner a license to do so; unless the species

is listed as a domestic bird or animal, domestic pet, or unrestricted wild

animal.

6.0 Permit

Application

6.1 Applications

for a permit for importation and possession, scientific and educational

collection, commercial collection, temporary exhibition, or propagation must be

complete and submitted to the department on an application form to be provided

by the department. For an application to be complete, it must be legible, must

contain all of the information requested by the department, shall contain no

false statements, must bear the applicant's official signature, and must be

accompanied by the required application fee.

7.0 Facilities

7.1 Any person

permitted to import, possess, or collect wild animals shall provide adequate

facilities as required by the commissioner. Conditions may be imposed that

require specific conditions for captivity or exposure to humans (e.g., prohibit

the touching of wild animals by any person other than the permit holder).

8.0 Inspections

8.1 Persons

holding a permit for dealer, importation and possession, scientific and

educational collection, commercial collection, or temporary exhibition shall

allow inspection at reasonable times of their premises, facilities, records and

wild animals by a state game warden, or other department representative.

8.2 If upon

inspection, a wild animal is not being kept as required by the conditions of

the permit, or the presence of disease has been determined, destruction of the

wild animal may be required by the commissioner.

9.0 Violations

9.1 Any wild

animal that is taken, imported or possessed in violation of this regulation, or

is kept in violation of any permit issued may be confiscated and disposed of in

accordance with 10 V.S.A. § 4513. Permit violations and violations of Part 4 of

Title 10 may result in the revocation of the permit. (Added 2008, Fish and

Wildlife Board Reg. No. 881, eff. Jan. 23, 2008.)