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§33. Moose Management Rule


Published: 2015

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The Vermont Statutes Online



Title

10APPENDIX

:
Vermont Fish and Wildlife Regulations






Chapter

001

:
GAME









[effective until July 1, 2016]

[Section 33 effective until July 1, 2016;

see also section 33 effective July 1, 2016 set out below.]

§

33. Moose Management Rule

 1.0 Authority

1.1 This rule is

adopted pursuant to 10 V.S.A. § 4081(a). 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 moose herd.

1.3 In

accordance with 10 V.S.A. § 4082, the Vermont Fish and Wildlife Board may:

establish open seasons; daily, season and possession limits for game;

territorial limits; prescribe the manner and means of taking moose; establish

territorial limits for the taking of moose; and establish restrictions on

taking based upon sex, maturity and other physical distinctions.

1.4 In

accordance with 10 V.S.A. § 4254(i)(1), this rule establishes a process to

auction five (5) moose permits to be awarded to the highest bidders.

1.5 In

accordance with 10 V.S.A. § 4254(i)(2), this rule establishes a separate

drawing for  Vermont residents who have

received, or are eligible to receive a campaign ribbon for Operation Iraqi

Freedom or Operation Enduring Freedom through a special priority drawing

through the permit lottery system.

 2.0 Purpose

The purpose of

this regulation is to establish two annual moose seasons, to establish the

procedures to be used in applying for and issuing moose permits, and to

establish the administrative framework for regulating the taking of moose.

 3.0 Definitions

3.1

"Antlerless" means those moose without antlers or no antler greater

than six inches in length.

3.2

"Applicant" means a person who has submitted a completed legal

application to the lottery.

3.3

"Application" means the form provided by the Department that allows a

person to be entered into the lottery.

3.4

"Board" means the Vermont Fish and Wildlife Board.

3.5 "Bonus

point" means: 1) a point accrued for successfully applying for a permit,

but not being drawn, or 2) a point accrued by indicating on the application

that the person should not be entered into that year's drawing, but wishes to

accrue a point.

3.6

"Commissioner" means the Commissioner of the Vermont Fish and

Wildlife Department.

3.7

"Department" means the Vermont Fish and Wildlife Department.

3.8 "Either

sex" means a moose of any sex.

3.9

"Guide" means a person authorized to accompany, direct, aid, assist,

and/or instruct a Permittee during a moose hunt.

3.10 "Guide

Permit" means a document, provided by the Department to the Permittee, to

allow for a guide to assist in a moose hunt.

3.11 "Legal

means" means the taking of a moose by muzzleloader, rifle, handgun,

shotgun, a permitted crossbow, or bow and arrow in conformance with Section 14

of this rule.

3.12

"Permit" means a document issued by the Department authorizing the

taking of a moose.

3.13

"Permittee" means a person who has successfully acquired a legal

permit through the lottery or auction as described in this rule.

3.14

"Subpermittee" means an individual designated by a Permittee, whose

name has been provided to the Department in conformance with this rule, who may

be permitted to take a moose.

3.15

"Wildlife Management Unit" (WMU) means one of twenty-five

geographical areas in Vermont established for moose hunting regulation.

4.0 Moose Seasons

There shall be

two moose seasons annually.

4.1 Archery. The

first moose season shall be by archery only:

a) This season

shall be open for seven consecutive days, beginning the first day of October.

b) An animal of

either sex may be taken during this season.

c) To take an

animal during this season a person must possess a valid archery moose permit as

prescribed in Section 9 of this rule.

4.2 Regular. The

second moose season shall be for any legal means of take:

a) This season

shall be open for six consecutive days beginning the third Saturday in October.

b) An animal of

either sex may be taken during this season.

5.0 Possession Limit

5.1 The bag

limit for moose shall be one moose per moose hunting permit.

5.2 The

possession limit for moose shall be one moose per moose hunting permit.

6.0 Permit Application Process

6.1 Applications

must be made on an official moose hunting application form provided by the

Department.

6.2 Only

applications received by the Department's central office during the official

application period will be considered. Applications must be received prior to

the deadline established by the Department.

6.3 The Department

will consider only complete applications. For an application to be complete it

must be legible, must contain all the information requested by the Department,

must bear the applicant's original signature, or, in the case of electronic or

facsimile applications, attestation under the pains and penalties of perjury.

To be considered complete the form must be accompanied by any required

application fee, or means of payment, such as a valid credit card number.

6.4 The

Department will consider no more than one complete application from any

applicant per year for each of the two separate lotteries held. A lottery will

be held for both the regular and archery seasons. Only one permit may be issued

per person per calendar year.

6.5 Ten (10)

percent of the moose hunting permits may be issued to non-resident hunters.

6.6 No person

who has held a valid Vermont moose hunting permit in any of the previous three

(3) calendar years may apply for a moose hunting permit or a bonus point in the

current calendar year.

7.0 Lottery Points

7.1 A person may

accumulate one additional chance, or "bonus point" to win the lottery

for each consecutive year that person legally submits and provides the fee for

an application but is not selected to receive a permit.

7.2 Applicants

may accumulate up to one bonus point per year in each of the two separate

lotteries (archery and regular) provided a complete application is submitted.

7.3 Applicants

may elect to accrue a bonus point without entering the moose hunt lottery by

submitting a completed application and fee and indicating at the appropriate

place on the application form that they do not wish to be entered in the

lottery for the current calendar year.

7.4 To accrue

bonus points, a person must provide a complete application for the given year's

lottery for which the person wishes to receive a permit (archery or regular).

All bonus points in both lotteries are lost upon receipt of a valid permit or

failure to provide a complete application for each designated lottery - a

person may continue to accrue bonus points in one lottery, even if he or she

fails to provide a valid application for the other.

8.0 Permit Selection Process

8.1 All those

who have submitted completed applications and who wish to be entered into the

lottery will be entered into the lottery. The Department will hold, or cause to

be held, a transparent, random drawing to include all persons who have

submitted a complete application.

8.2 Selected

regular season applicants will receive a permit for their WMU of preference

until the permit quota for their preferred WMU is filled at which time a permit

will be awarded for their second choice WMU, and so on.

8.3 Selected

regular season applicants will be notified by mail, and will receive a permit

form to complete. Successful applicants have 15 calendar days to return the

completed forms with the appropriate fee, and their Subpermittee's name, if

any.

8.4 Selected

archery season applicants will be notified by mail, and will receive a permit

form to complete. Successful applicants have 15 calendar days to return the

completed forms with the appropriate fee and indicate which Wildlife Management

Unit they, and their Subpermittee, if any, will hunt in.

9.0 Moose Hunting Permits

9.1 An applicant

who is chosen by lottery, or is the successful auction bidder may purchase a

moose hunting permit from the Department.

9.2 At the time

of issuance, moose season permit recipients and designated Subpermittees must

hold a valid Vermont big game hunting license.

9.3 At the time

of issuance, archery season permit recipients and designated Subpermittees must

show proof of having held an archery deer license and/or a certificate of

satisfactory completion of a bowhunter education course from Vermont or another

state or province of Canada which is approved by the Commissioner. Archery

season permit recipients and designated Subpermittees must hold a valid Vermont

big game hunting license.

9.4 Moose

hunting permits are valid only within the WMU or WMUs designated on the permit,

for the specified season, and for the type (either sex) specified on the

permit.

10.0 Deferments

10.1 The

Commissioner may grant a one time, one-year deferment to successful  applicants for reasons of personal or family

illness, temporary disability, or military deployment.

10.2 Requests

for deferment shall be received on the Department-issued form to the

Commissioner and received no later than three days prior to the start of the

moose season for which a permit has been issued. Requests shall contain

information required by the Commissioner to substantiate the request.

10.3 Deferred

permits shall be issued for the same WMU and permit type (either sex, archery

or regular) as the originally issued permit.

11.0 Subpermittees

11.1 A person

holding a valid moose hunting permit may designate one (1) Subpermittee who

shall be permitted to hunt moose pursuant to the permit.

11.2 The

Subpermittee must always be accompanied by the permit holder. For these

purposes, "accompanied," means being able to communicate without the

aid of artificial devices except medically-prescribed eyeglasses or hearing

aids.

11.3 Once the

applicant has provided the name of their selected Subpermittee to the

Department, no change to this selection will be allowed except for personal or

family illness, temporary physical disability, or military deployment.

11.4 Any request

for change of Subpermittee must be made in writing to the Commissioner and

received no later than three (3) days prior to the start of the moose season

for which a permit has been issued.

11.5 [Deleted.]

12.0 Subpermittee Ineligibility

12.1 No person

who has held a Vermont moose hunting permit in any of the previous three

calendar years may be designated as a Subpermittee in the current calendar

year.

12.2 No person

who holds a valid moose hunting permit in one year may be designated as a

Subpermittee the same year.

12.3 No person

may be named as a Subpermittee on more than one permit during the same year.

13.0 Guides and Guide Permits

13.1 The Guide

shall be allowed to direct, aid, assist and instruct the Permittee and

Subpermittee during the hunt.

13.2 A Guide may

not carry or possess any firearm, muzzleloader, or archery equipment.

13.3 Each

Permittee shall be issued a Guide Permit by the Department. The Guide Permit

must be carried by the guide at all times while accompanying the Permittee

while hunting moose.

13.4 A person

serving as a Guide must hold a current valid Vermont big game hunting license.

13.5 A Guide

Permit may be carried by different persons at any time during the moose hunt,

but only one person at a time may serve as a Guide for each moose hunting

party.

13.6 A person

may simultaneously serve as a Guide for more than one moose Permittee but must

be carrying the proper Guide Permit for each guided party.

14.0 Control Measures

14.1 In addition

to all relevant laws and regulations pertaining to the hunting and taking of

big game in Vermont, the following additional restrictions apply:

a) No persons

other than the Permittee, Subpermittee and Guide shall participate in a hunt to

take moose.

b) Portable

radio transceivers and/or cell phones shall not be used in the hunting or

taking of moose. Such devices may be used, however, after the moose is legally

tagged.

c) No electronic

devices such as radio telemetry equipment shall be used to take moose.

d) No electronic

devices may be used to attract moose.

e) No person

shall shoot or attempt to shoot a moose when the moose is within 100 yards of

any town, state, or federal highway as defined in 10 V.S.A. §  4705(f).

f) Pursuant to

10 V.S.A. App. § 12, notwithstanding 10 V.S.A. App. § 12, Section 1(g), a

person may employ the licensed handler of an authorized leashed tracking dog to

track a moose wounded while lawfully hunting under this rule.

14.2 Regular Season: Moose may be taken only

with the following implements and restrictions:

a) Centerfire

rifles or handguns not less than .25 caliber.

b) A

muzzleloading firearm of not less than .50 caliber, with a minimum barrel

length of 20 inches and designed to be fired from the shoulder, or a

muzzleloading handgun of not less than .50 caliber and with a minimum barrel

length of 10 inches.

c) Bows of not

less than  50 pound draw weight, based on

the archer's normal draw length for traditional bows, and using arrowheads with

a minimum of 7/8 of an inch in width with no fewer than two or more cutting edges.

A person taking moose may use and possess a crossbow only when holding a valid

permit issued pursuant to 10 V.S.A. § 4711 and used consistent with this

subsection.

d) Shotguns not

less than 12 gauge and utilizing slugs only.

14.3 Archery Season: Moose may be taken only

with the following implements and restrictions:

a) Bows of not

less than 50 pound draw weight, based on the archer's normal draw length for

traditional bows, and using arrowheads with a minimum of 7/8 of an inch in

width with no fewer than two or more cutting edges.

b) A person

taking moose may use and possess a crossbow only when holding a valid permit

issued pursuant to 10 V.S.A. § 4711. Crossbow bolts shall have arrowheads with

a minimum of 7/8 of an inch in width with no fewer than two or more cutting

edges.

c) No person

taking moose may possess a firearm or muzzleloader while hunting moose. No

person taking moose may do so by means of firearms or muzzleloader.

15.0 Tagging and Reporting

15.1 The

transporting of moose shall be in accordance with current regulations and

statutes pertaining to big game.

15.2 Once a

moose is legally tagged, pursuant to 10 V.S.A. Appendix § 2a., there is no

limit to the number of persons that can assist with the field dressing and

removal of the moose from the kill site.

15.3 Moose taken

under this rule must be reported, pursuant to 10 V.S.A. Appendix § 2, by

exhibiting the eviscerated carcass, or parts thereof, to a Department official

at a Department-authorized moose check station during its scheduled days and

hours of operation within 48 hours of tagging.

15.4 The moose

head hide, lower legs, and boned-out backbone and/or ribcage need not be

reported, however, both complete central incisors must be presented.

15.5 If a male

moose is reported in parts, the antlers must also be presented and the scrotum

containing the testicles must be left attached to the carcass or one of the

hindquarters.

15.6 If a female

moose is reported in parts, the udder must also be left attached to the carcass

or one of the hindquarters.

15.7 No moose

shall be transported out of the state without first being reported as required

herein.

15.8 The

Permittee and/or Subpermittee must identify the exact kill site on a Department

map, and if requested, shall be required to take Department personnel to the

kill site and/or the site of carcass evisceration for purposes such as, but not

limited to, verification of the cause of death and site of kill, or to obtain

ovaries or other biological samples left behind.

16.0 Permit Allocation

16.1 Regular

Season

a) The number of

either-sex and/or antlerless permits to hunt and take moose during the regular

season will be set by separate Board rule.

16.2 Archery

Season

a) A total of 50

permits to hunt and take moose of either sex by the use of bows only are

authorized for the archery moose season.

b) Archery

season permits are authorized for all WMUs open to regular season moose

hunting.

 17.0 Special

Drawing for Those Awarded or Are Eligible to Receive a Campaign Ribbon for

Operation Iraqi Freedom or Operation Enduring Freedom (in Afghanistan)

17.1 Pursuant to

10 V.S.A. § 4254, there shall be a separate drawing for  Vermont residents who possess or who are

eligible to receive a campaign ribbon for Operation Iraqi Freedom or Operation

Enduring Freedom through a special priority drawing through the permit lottery

system.

17.2 A total of

five (5) regular season permits will be allocated for this special priority

drawing. These five permits will be included in the total permits authorized by

separate Board Rule.

17.3 Vermont residents

who qualify for the special priority drawing must submit a complete application

approved by the Department. A person applying for the special priority drawing

permits must have marked the appropriate box on the application indicating that

they comply with the provisions of this section.

17.4 Vermont

residents who qualify for the special priority drawing and who are not drawn

for a moose permit in that special priority drawing shall be entered into the

subsequent regular drawing.

17.5 Vermont

residents who qualify for the special priority drawing and who do not receive a

moose permit shall be awarded preference points for the subsequent special

priority drawing.

 18.0 Moose

Permit Auction

18.1 Pursuant to

10 V.S.A. § 4254(i), five moose permits shall be set aside to be issued by

auction. These permits are in addition to the permits authorized by separate

Board rule.

18.2 Complete

bids must be received by the Department's central office prior to the deadline

established by the Department.

18.3 Permits

will be awarded to individuals that submit the five (5) highest bids.

Individuals submitting the next five (5) highest bids will be eligible, in

order of declining bid value, to receive a permit if higher-ranked bidders do

not submit payment within 15 calendar days following notification.

18.4 An

individual may submit more than one bid; however he/she may only receive one

moose permit. If an individual submits multiple bids, only the highest value

bid will be included in the auction as an official bid.

18.5 Once

notified of winning a moose permit, successful bidders have 15 calendar days to

submit their bid payment, and to indicate: the season they will hunt in, the

Wildlife Management Unit they will hunt in; and their Subpermittee, if any.

18.6 If an individual

receives a moose permit from the regular moose lottery or archery moose

lottery, and is also a successful auction bidder, the person may choose either

permit. Should a person choose the regular moose lottery permit or the archery

moose lottery permit, the bid amount will be refunded and the next highest

unsuccessful bidder will be offered the auction permit.

18.7 Individuals

who have held a valid moose permit acquired by the regular or archery moose

lottery or auction are ineligible from participating in the moose permit

auction for three calendar years.

 

Historical

Citation

(Added 1993,

Fish and Wildlife Board Reg. No. 999, eff. June 12, 1993; amended 1994, Fish

and Wildlife Board Reg. No. 999, eff. April 8, 1994; 1995 Fish and Wildlife

Board Reg. No. 999, eff. May 15, 1995; 1995, Fish and Wildlife Board Reg. No.

999, eff. May 4, 1996; 1999, Fish and Wildlife Board Reg. No. 999, eff. June 5,

1999; 1999 (Adj. Sess.), Fish and Wildlife Board Reg. No. 999, eff. June 16,

2000; 2003, Fish and Wildlife Board Reg. No. 1000, eff. June 21, 2003; 2005,

Fish and Wildlife Board Reg. No. 999, eff. Aug. 6, 2005; 2006 Fish and Wildlife

Board Reg. No. 999, eff. Aug. 31, 2006; 2007, Fish and Wildlife Board Reg. No.

999, eff. July 6, 2007; 2008, Fish and Wildlife Board Reg. No. 999, eff. July

7, 2008; 2009, Fish and Wildlife Board Reg. No. 999, eff. June 18, 2009; 2010,

Fish and Wildlife Board Reg. eff. July 9, 2010; 2011, Fish and Wildlife Board

Reg. eff. March 3, 2011; 2012, Fish and Wildlife Board Reg. eff. June 3, 2012.)




[effective July 1, 2016]

[Section 33 effective July 1, 2016; see

also section 33 effective until July 1, 2016 set out above.]

§

33. Moose Management Rule

 1.0 Authority

1.1 This rule is

adopted pursuant to 10 V.S.A. § 4081(a). 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 moose herd.

1.3 In

accordance with 10 V.S.A. § 4082, the Vermont Fish and Wildlife Board may:

establish open seasons; daily, season and possession limits for game;

territorial limits; prescribe the manner and means of taking moose; establish

territorial limits for the taking of moose; and establish restrictions on

taking based upon sex, maturity and other physical distinctions.

1.4 In

accordance with 10 V.S.A. § 4254(i)(1), this rule establishes a process to

auction five (5) moose permits to be awarded to the highest bidders.

1.5 In

accordance with 10 V.S.A. § 4254(i)(2), this rule establishes a separate

drawing for eligible Vermont veterans through a special priority drawing

through the permit lottery system.

 2.0 Purpose

The purpose of

this regulation is to establish two annual moose seasons, to establish the

procedures to be used in applying for and issuing moose permits, and to

establish the administrative framework for regulating the taking of moose.

 3.0 Definitions

3.1

"Antlered moose" means a moose which has at least one antler 6 inches

or more in length measured from the tip of the main beam along the distal edge

of the antler to the base of the antler burr at the skull.

3.2

"Antlerless" means those moose without antlers or antlers less than

six inches in length.

3.3

"Applicant" means a person who has submitted a completed legal

application to the lottery.

3.4

"Application" means the form provided by the Department that allows a

person to be entered into the lottery.

3.5

"Board" means the Vermont Fish and Wildlife Board.

3.6 "Bonus

point" means: 1) a point accrued for successfully applying for a permit,

but not being drawn, or 2) a point accrued by indicating on the application

that the person should not be entered into that year's drawing, but wishes to

accrue a point.

3.7

"Commissioner" means the Commissioner of the Vermont Fish and

Wildlife Department.

3.8

"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 for a crossbow that resembles an arrow and has a head that

measures no less than 7/8 inch at its widest point. A crossbow shall have a

minimum pull of 125 pounds, a working mechanical safety and a stock no less

than 23 inches in length.

3.9

"Department" means the Vermont Fish and Wildlife Department.

3.10

"Either sex" means a moose of any sex.

3.11

"Guide" means a person authorized to accompany, direct, aid, assist,

and/or instruct a Permittee during a moose hunt.

3.12 "Guide

Permit" means a document, provided by the Department to the Permittee, to

allow for a guide to assist in a moose hunt.

3.13 "Legal

means" means the taking of a moose by muzzleloader, rifle, handgun,

shotgun, a crossbow, or bow and arrow in conformance with this rule.

3.14

"Permit" means a document issued by the Department authorizing the

taking of a moose.

3.15

"Permittee" means a person who has successfully acquired a legal

permit through the lottery or auction as described in this rule.

3.16

"Subpermittee" means an individual designated by a Permittee, whose

name has been provided to the Department in conformance with this rule, who may

be permitted to take a moose.

3.17

"Wildlife Management Unit" (WMU) means one of twenty-five

geographical areas in Vermont established for managing wildlife through

regulation.

.

 4.0 Moose

Seasons

There shall be

two moose seasons annually.

4.1 Archery. The first moose season shall

be by archery only:

a) This season

shall be open for seven consecutive days, beginning the first day of October.

b) To take an

animal during this season a person must possess a valid archery moose permit as

prescribed in Section 9 of this rule.

4.2 Regular. The second moose season shall

be for any legal means of take:

a) This season

shall be open for six consecutive days beginning the third Saturday in October.

5.0 Possession Limit

5.1 The bag

limit for moose shall be one moose per moose hunting permit.

5.2 The

possession limit for moose shall be one moose per moose hunting permit.

6.0 Permit Application Process

6.1 Applications

must be made on an official moose hunting application form provided by the

Department.

6.2 Only

applications received by the Department's central office during the official

application period will be considered. Applications must be received prior to

the deadline established by the Department.

6.3 The

Department will consider only complete applications. For an application to be

complete it must be legible, must contain all the information requested by the

Department, must bear the applicant's original signature, or, in the case of

electronic or facsimile applications, attestation under the pains and penalties

of perjury. To be considered complete the form must be accompanied by any

required application fee, or means of payment, such as a valid credit card

payment.

6.4 The

Department will consider no more than one complete application from any

applicant per year for each of the two separate lotteries held. A lottery will

be held for both the regular and archery seasons. Only one permit may be issued

per person per calendar year.

6.5 Ten (10)

percent of the moose hunting permits may be issued to non-resident hunters.

6.6 No person

who has held a valid Vermont moose hunting permit in any of the previous five

(5) years may apply for a moose hunting permit or a bonus point in the current

calendar year. The application of the five (5) year waiting period shall only

be effective for persons who hold a moose hunting permit after January 1, 2016.



7.0 Lottery Points

7.1 A person may

accumulate one additional chance, or "bonus point" to win the lottery

for each consecutive year that person legally submits and provides the fee for

an application but is not selected to receive a permit.

7.2 Two separate

lotteries may be held, one for the archery season and one for the regular

season. Applicants may accumulate up to one bonus point per year in each of the

two separate lotteries, provided a complete application is submitted.

7.3 Applicants

may elect to accrue a bonus point without entering the moose hunt lottery by

submitting a completed application and fee and indicating at the appropriate

place on the application form that they do not wish to be entered in the

lottery for the current calendar year.

7.4 To accrue

bonus points, a person must provide a complete application for the given year's

lottery for which the person wishes to receive a permit (archery or regular).

All bonus points in both lotteries are lost upon receipt of a valid permit or

failure to provide a complete application for each designated lottery - a

person may continue to accrue bonus points in one lottery, even if he or she

fails to provide a valid application for the other.

8.0 Permit Selection Process

8.1 All those

who have submitted completed applications and who wish to be entered into the

lottery will be entered into the lottery. The Department will hold, or cause to

be held, a transparent, random drawing to include all persons who have

submitted a complete application.

8.2 Selected

regular season applicants will receive a permit for their WMU of preference

until the permit quota for their preferred WMU is filled at which time a permit

will be awarded for their second choice WMU, and so on.

8.3 Selected

regular season applicants will be notified by mail, and will receive a permit

form to complete. Successful applicants have 15 calendar days to return the

completed forms with the appropriate fee, and their Subpermittee's name, if

any.

8.4 Selected

archery season applicants will be notified by mail, and will receive a permit

form to complete. Successful applicants have 15 calendar days to return the

completed forms with the appropriate fee and indicate the name of their Subpermittee,

if any.

9.0 Moose Hunting Permits

9.1 An applicant

who is chosen by lottery, or is the successful auction bidder may purchase a

moose hunting permit from the Department.

9.2 At the time

of issuance, moose season permit recipients and designated Subpermittees must

hold a valid Vermont big game hunting license.

9.3 At the time

of issuance, archery season permit recipients and designated Subpermittees must

show proof of having held an archery deer license and/or a certificate of

satisfactory completion of a bowhunter education course from Vermont or another

state or province of Canada which is approved by the Commissioner. Archery

season permit recipients and designated Subpermittees must hold a valid Vermont

big game hunting license.

9.4 Moose hunting

permits are valid only within the WMU or WMUs designated on the permit, for the

specified season, and for the type (either sex, antlered, or antlerless)

specified on the permit.

10.0 Deferments

10.1 The

Commissioner may grant a one time, one-year deferment to successful  applicants for reasons of personal or family

illness, temporary disability, or military deployment.

10.2 Requests

for deferment shall be made on the Department-issued form to the Commissioner

and received no later than three days prior to the start of the moose season

for which a permit has been issued. Requests shall contain information required

by the Commissioner to substantiate the request.

10.3 Deferred

permits shall be issued for the same WMU and permit type (either sex, antlered,

antlerless, archery or regular) as the originally issued permit.

11.0 Subpermittees

11.1 A person

holding a valid moose hunting permit may designate one (1) Subpermittee who

shall be permitted to hunt moose pursuant to the permit.

11.2 The

Subpermittee must always be accompanied by the permit holder. For these

purposes, "accompanied," means being able to communicate without the

aid of artificial devices except medically-prescribed eyeglasses or hearing

aids.

11.3 Once the

applicant has provided the name of their selected Subpermittee to the

Department, no change to this selection will be allowed except for personal or

family illness, temporary physical disability, or military deployment.

11.4 Any request

for change of Subpermittee must be made in writing to the Commissioner and

received no later than three (3) days prior to the start of the moose season

for which a permit has been issued.

11.5

Subpermittee Ineligibility

a) Subpermittee

Ineligibility No person who has held a Vermont moose hunting permit in any of

the previous five (5) years may be designated as a Subpermittee in the current

calendar year.

b) No person who

holds a valid moose hunting permit in one year may be designated as a

Subpermittee in the same year.

c) No person may

be named as a Subpermittee on more than one permit during the same year.

12.0 Guides and Guide Permits

12.1 The Guide

shall be allowed to direct, aid, assist and instruct the Permittee and

Subpermittee during the hunt.

12.2 A Guide may

not carry any other firearm, muzzleloader, or archery equipment.

12.3 Each

Permittee shall be issued a Guide Permit by the Department. The Guide Permit

must be carried by the guide at all times while accompanying the Permittee

while hunting moose.

12.4 A person

serving as a Guide must hold a current valid Vermont big game hunting license.

12.5 A Guide

Permit may be carried by different persons at any time during the moose hunt,

but only one person at a time may serve as a Guide for each moose hunting

party.

12.6 A person

may simultaneously serve as a Guide for more than one moose Permittee but must

be carrying the proper Guide Permit for each guided party.

13.0 Control Measures

13.1 In addition

to all relevant laws and regulations pertaining to the hunting and taking of

big game in Vermont, the following additional restrictions apply:

a) No persons

other than the Permittee, Subpermittee and Guide shall participate in a hunt to

take moose.

b) Portable

radio transceivers, GPS, and/or cell phones shall not be used to communicate

during the hunting or taking of moose. Such devices may be used, however, after

the moose is legally tagged.

c) No electronic

devices such as radio telemetry equipment shall be used to take moose.

d) No electronic

devices may be used to attract moose.

e) No person

shall shoot or attempt to shoot a moose when the moose is within 100 yards of

any town, state, or federal highway as defined in 10 V.S.A. §  4705(f).

f) Pursuant to

10 V.S.A. App. § 12, notwithstanding 10 V.S.A. App. § 12, Section 1(g), a

person may employ the licensed handler of an authorized leashed tracking dog to

track a moose wounded while lawfully hunting under this rule.

g) 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.

13.2 Regular Season: Moose may be taken only

with the following implements and restrictions:

a) Centerfire

rifles or handguns not less than .25 caliber.

b) A

muzzleloading firearm of not less than .45 caliber, with a minimum barrel

length of 20 inches and designed to be fired from the shoulder, or a

muzzleloading handgun of not less than .45 caliber and with a minimum barrel length

of 10 inches.

c) Bows of not

less than  50 pound draw weight, based on

the archer's normal draw length for traditional bows, and using arrowheads with

a minimum of 7/8 of an inch in width with two or more cutting edges. A person taking

moose may use a crossbow as a means of take during any season that permits the

use of a bow and arrow-only when holding a valid permit issued pursuant to 10

V.S.A. § 4711 or when the person is 50 years or older; and the crossbow is used

in accordance with this subsection.

d) Shotguns not

less than 20 gauge and utilizing slugs only.

13.3 Archery Season: Moose may be taken only

with the following implements and restrictions:

a) Bows of not

less than 50 pound draw weight, based on the archer's normal draw length for

traditional bows, and using arrowheads with a minimum of 7/8 of an inch in

width with no fewer than two or more cutting edges.

b) A person

taking moose may use and possess a crossbow only when holding a valid permit

issued pursuant to 10 V.S.A. § 4711 or when the person is 50 years or older.

Crossbow bolts shall have arrowheads with a minimum of 7/8 of an inch in width

with two or more cutting edges.

c) No person

taking moose may possess a firearm or muzzleloader while hunting moose during

the archery season, except for a handgun in accordance with 10 V.S.A. §

4252(b). No person taking moose may do so by means of firearms or muzzleloader

in the archery season.

14.0 Tagging and Reporting

14.1 The

transporting of moose shall be in accordance with current regulations and

statutes pertaining to big game.

14.2 Once a

moose is legally tagged, pursuant to 10 V.S.A. Appendix § 2a., there is no

limit to the number of persons that can assist with the field dressing and

removal of the moose from the kill site.

14.3 Moose taken

under this rule must be reported, pursuant to 10 V.S.A. Appendix § 2, by

exhibiting the eviscerated carcass, or parts thereof, to a Department official

at a Department-authorized moose check station during its scheduled days and

hours of operation within 48 hours of tagging.

14.4 The moose

head hide, lower legs, and boned-out ribcage and/or bones need not be reported,

however, both complete central incisors must be presented.

14.5 The

permittee shall bring the following to the biological check station:

(a) The lower

jaw, including incisors, one of which shall be taken for aging purposes;

(b) The intact

antler rack on an antlered moose;

(c) The portion

of the skull on a male antlerless moose where antlers would be attached;

(d) The female

reproductive tract including both of the ovaries;

(e) The udder;

and

(f) All edible

portions of the moose not including organs.

14.6 No moose

shall be transported out of the state without first being reported as required

herein.

14.7 The

Permittee and/or Subpermittee must identify the exact kill site on a Department

map, and if requested, shall be required to take Department personnel to the

kill site and/or the site of carcass evisceration for purposes such as, but not

limited to, verification of the cause of death and site of kill, or to obtain

ovaries or other biological samples left behind.

15.0 Permit Allocation

15.1 The number

of either-sex and/or antlerless permits or bull only permits to hunt and take

moose during both the regular and archery seasons will be set by the Board.

 16.0 Special

Priority for Eligible Vermont Veterans

16.1 Pursuant to

10 V.S.A. § 4254, eligible for Vermont veterans will receive special priority

drawing in the regular moose season lottery drawing.

16.2 A total of

five (5) regular season permits will be allocated for this special priority

drawing. These five permits will be included in the total permits authorized by

separate Board Rule.

16.3 Vermont

residents who qualify for the special priority drawing must submit a complete

application approved by the Department. A person applying for the special

priority drawing permits must have marked the appropriate box on the

application indicating that they comply with the provisions of this section.

16.4 Vermont

residents who qualify for the special priority drawing and who are not drawn

for a moose permit in that special priority drawing shall be entered into the

subsequent regular drawing.

16.5 Vermont

residents who qualify for the special priority drawing and who do not receive a

moose permit shall be awarded preference points for the subsequent special

priority drawing.

 17.0 Moose

Permit Auction

17.1 Pursuant to

10 V.S.A. § 4254(i), five moose permits shall be set aside to be issued by

auction. These permits are in addition to the permits authorized by separate

Board rule.

17.2 Complete

bids must be received by the Department's central office prior to the deadline

established by the Department.

17.3 Permits

will be awarded to individuals that submit the five (5) highest bids.

Individuals submitting the next five (5) highest bids will be eligible, in

order of declining bid value, to receive a permit if higher-ranked bidders do

not submit payment within 15 calendar days following notification.

17.4 An

individual may submit more than one bid; however he/she may only receive one

moose permit. If an individual submits multiple bids, only the highest value

bid will be included in the auction as an official bid.

17.5 Once

notified of winning a moose permit, successful bidders have 15 calendar days to

submit their bid payment, and to indicate: the season they will hunt in, the

Wildlife Management Unit they will hunt in; and their Subpermittee, if any.

17.6 If an

individual receives a moose permit from the regular moose lottery or archery

moose lottery, and is also a successful auction bidder, the person may choose

either permit. Should a person choose the regular moose lottery permit or the

archery moose lottery permit, the bid amount will be refunded and the next

highest unsuccessful bidder will be offered the auction permit.

17.7 Individuals

who have held a valid moose permit acquired by the regular or archery moose

lottery or auction are ineligible from participating in the moose permit

auction for five years.

 

Historical

Citation

(Added 1993,

Fish and Wildlife Board Reg. No. 999, eff. June 12, 1993; amended 1994, Fish

and Wildlife Board Reg. No. 999, eff. April 8, 1994; 1995 Fish and Wildlife

Board Reg. No. 999, eff. May 15, 1995; 1995, Fish and Wildlife Board Reg. No.

999, eff. May 4, 1996; 1999, Fish and Wildlife Board Reg. No. 999, eff. June 5,

1999; 1999 (Adj. Sess.), Fish and Wildlife Board Reg. No. 999, eff. June 16,

2000; 2003, Fish and Wildlife Board Reg. No. 1000, eff. June 21, 2003; 2005,

Fish and Wildlife Board Reg. No. 999, eff. Aug. 6, 2005; 2006 Fish and Wildlife

Board Reg. No. 999, eff. Aug. 31, 2006; 2007, Fish and Wildlife Board Reg. No.

999, eff. July 6, 2007; 2008, Fish and Wildlife Board Reg. No. 999, eff. July

7, 2008; 2009, Fish and Wildlife Board Reg. No. 999, eff. June 18, 2009; 2010,

Fish and Wildlife Board Reg. eff. July 9, 2010; 2011, Fish and Wildlife Board

Reg. eff. March 3, 2011; 2012, Fish and Wildlife Board Reg. eff. June 3, 2012;

2015, Fish and Wildlife Board Reg. eff. January 1, 2016.)