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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.)