§ 4081 -   Policy

§ 4081. Policy

(a) It is the policy of the state 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 safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance.

(b) Notwithstanding the provisions of section 2803 of Title 3, the fish and wildlife board shall be the state agency charged with carrying out the purposes of this subchapter.

(c) An abundant, healthy deer herd is a primary goal of fish and wildlife management. The use of a limited unit open season on antlerless deer shall be implemented only after a scientific game management study by the fish and wildlife department supports such a season.

(d) Annually, the department shall update a scientific management study of the state deer herd. The study shall consider data provided by department biologists and citizen testimony taken under subsection (f) of this section.

(e) Based on the results of the updated management study and citizen testimony, the board shall decide whether an antlerless deer hunting season is necessary and if so how many permits are to be issued. If the board determines that an antlerless season is necessary, it shall adopt a rule creating one and the department shall then administer an antlerless program.

(f) Annually, the department shall hold regional public hearings to receive testimony and data from concerned citizens about their knowledge and concerns about the deer herd. The board shall identify the regions by rule.

(g) If the board finds that an antlerless season is necessary to maintain the health and size of the herd, the department shall administer an antlerless deer program. Annually, the board shall determine how many antlerless permits to issue in each wildlife management unit. For a nonrefundable fee of $10.00 for residents and $25.00 for nonresidents a person may apply for a permit. Each person may submit only one application for a permit. The department shall allocate the permits in the following manner:

(1) A Vermont landowner, as defined in section 4253 of this title, who owns 25 or more contiguous acres and who applies shall receive a permit for antlerless hunting in the management unit on which the land is located before any are given to people eligible under subdivision (2) of this subsection. If the land is owned by more than one individual, corporation or other entity, only one permit shall be issued. Landowners applying for antlerless permits under this subdivision shall not, at the time of application or thereafter during the regular hunting season, post their lands except under the provisions of section 4710 of this title. If the number of landowners who apply exceeds the number of permits for that district, the department shall award all permits in that district to landowners by lottery.

(2) Permits remaining after allocation pursuant to subdivision (1) of this subsection shall be issued by lottery.

(3) Any permits remaining after permits have been allocated pursuant to subdivisions (1) and (2) of this subsection shall be issued by the department for a $10.00 fee for residents. Ten percent of the remaining permits may be issued to nonresident applicants for a $25.00 fee. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1979, No. 68, § 1, eff. May 8, 1979; 1979, No. 126 (Adj. Sess.); No. 189 (Adj. Sess.), § 3, eff. date, see note set out below; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1989, No. 140 (Adj. Sess.), § 1; No. 248 (Adj. Sess.); 1991, No. 16; 1991, No. 230 (Adj. Sess.), § 6; 1997, No. 99 (Adj. Sess.), § 1; No. 155 (Adj. Sess.), § 53a, eff. Jan. 1, 1999; 2003, No. 136 (Adj. Sess.), § 2; 2009, No. 47, § 11.)

§ 4081. Policy

(a) It is the policy of the state 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 safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance.

(b) Notwithstanding the provisions of section 2803 of Title 3, the fish and wildlife board shall be the state agency charged with carrying out the purposes of this subchapter.

(c) An abundant, healthy deer herd is a primary goal of fish and wildlife management. It is also acknowledged that although a statewide open season on antlerless deer is not recognized as desirable or necessary to achieve this goal, a limited antlerless season on a deer management unit basis could be an effective tool for harvesting an overpopulation of the deer herd. The use of a limited unit open season on antlerless deer shall be implemented only after a scientific game management study by the fish and wildlife department supports such a season.

(d) After each fall hunting season held pursuant to section 4741 of this title, the department shall update a scientific management study of the state deer herd. The study shall consider data provided by department biologists and citizen testimony taken under subsection (f) of this section.

(e) Based on the results of the updated management study and citizen testimony, the board shall decide whether an antlerless deer hunting season is necessary and if so how many permits are to be issued. If the board determines that an antlerless season is necessary, it shall adopt a rule creating one and the department shall then administer an antlerless program.

(f) After each fall hunting season held pursuant to section 4741 of this title, the department shall hold regional public hearings to receive testimony and data from concerned citizens about their knowledge and concerns about the deer herd. The board shall identify the regions by rule.

(g) If the board finds that an antlerless season is necessary to maintain the health and size of the herd, the department shall administer an antlerless deer program. Any open season on antlerless deer shall be held following the regular deer season held pursuant to section 4741 of this title, except as provided in section 4086 of this title. Annually, the board shall determine how many antlerless permits to issue in each deer management district. For a nonrefundable fee of $10.00 for residents and $25.00 for nonresidents a person may apply for a permit. Each person may submit only one application for a permit. The department shall allocate the permits in the following manner:

(1) A Vermont landowner, as defined in section 4253 of Title 10, who owns 25 or more contiguous acres and who applies shall receive a permit for antlerless hunting in the management unit on which the land is located before any are given to people eligible under subdivision (2) of this subsection. If the land is owned by more than one individual, corporation or other entity, only one permit shall be issued. Landowners applying for antlerless permits under this subdivision shall not, at the time of application or thereafter during the regular hunting season, post their lands except under the provisions of section 4710 of this title. If the number of landowners who apply exceeds the number of permits for that district, the department shall award all permits in that district to landowners by lottery.

(2) All remaining permits shall be issued by lottery. Ten percent of these shall be issued to nonresident applicants. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1979, No. 68, § 1, eff. May 8, 1979; 1979, No. 126 (Adj. Sess.); No. 189 (Adj. Sess.), § 3, eff. date, see note set out below; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1989, No. 140 (Adj. Sess.), § 1; No. 248 (Adj. Sess.); 1991, No. 16; 1991, No. 230 (Adj. Sess.), § 6; 1997, No. 99 (Adj. Sess.), § 1; No. 155 (Adj. Sess.), § 53a, eff. Jan. 1, 1999; 2003, No. 136 (Adj. Sess.), § 2.)