1 | 1 | | BILL AS INTRODUCED H.166 |
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5 | 5 | | VT LEG #379823 v.1 |
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6 | 6 | | H.166 1 |
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7 | 7 | | Introduced by Representatives Bos-Lun of Westminster, Goldman of 2 |
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8 | 8 | | Rockingham, Headrick of Burlington, Krasnow of South 3 |
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9 | 9 | | Burlington, Logan of Burlington, Masland of Thetford, and 4 |
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10 | 10 | | Torre of Moretown 5 |
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11 | 11 | | Referred to Committee on 6 |
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12 | 12 | | Date: 7 |
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13 | 13 | | Subject: Fish and wildlife; game; hunting with dogs 8 |
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14 | 14 | | Statement of purpose of bill as introduced: This bill proposes to establish 9 |
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15 | 15 | | minimum requirements for hunting with dogs or training dogs to hunt. 10 |
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16 | 16 | | An act relating to establishing requirements for hunting with dogs 11 |
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17 | 17 | | It is hereby enacted by the General Assembly of the State of Vermont: 12 |
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18 | 18 | | Sec. 1. 10 V.S.A. chapter 115 is amended to read: 13 |
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19 | 19 | | CHAPTER 115. HUNTING WITH DOGS; MINIMUM REQUIREMENTS 14 |
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20 | 20 | | Subchapter 1. Definitions 15 |
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21 | 21 | | § 5000. DEFINITIONS 16 |
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22 | 22 | | As used in this chapter: 17 |
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23 | 23 | | (1) “Accompany” or “accompanied” means to be within hearing 18 |
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24 | 24 | | distance or visual contact of a dog without the use of any visual or audio 19 |
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25 | 25 | | enhancement devices and not more than 150 feet from the dogs at all times. 20 BILL AS INTRODUCED H.166 |
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30 | 30 | | Electronic remote equipment does not qualify as and is not a substitute for 1 |
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31 | 31 | | accompaniment. 2 |
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32 | 32 | | (2) “At large” or “running at large” means a hunting dog is off the 3 |
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33 | 33 | | owner’s property, not on-leash, and unaccompanied, unsupervised, or not in 4 |
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34 | 34 | | the presence of the owner or permittee. 5 |
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35 | 35 | | (3) “Attack” means that dogs used for hunting and pursuing black bears 6 |
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36 | 36 | | and furbearers exhibit the following behaviors: chasing a person, a domestic 7 |
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37 | 37 | | animal, or livestock in an aggressive manner and without provocation; 8 |
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38 | 38 | | approaching a person, domestic pet, or domestic animal with the intent to 9 |
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39 | 39 | | chase, bite, or cause injure; or behave in a way, alone or in a pack, that causes 10 |
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40 | 40 | | a reasonable fear of injury or harm to a person, domestic pet, or domestic 11 |
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41 | 41 | | animal. 12 |
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42 | 42 | | (4) “Control of dog” or “control” means that while hunting and pursuing 13 |
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43 | 43 | | black bears and furbearers with the aid of a dog, the owner or permittee shall 14 |
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44 | 44 | | maintain visual contact with the dog; shall be able to hear the dogs at all times; 15 |
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45 | 45 | | or shall have physical control over the dog with a leash or long lead. A dog is 16 |
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46 | 46 | | only controlled on-leash or lead if the handler is physically capable of or able 17 |
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47 | 47 | | to restrain the dog. Global positioning system collars or similar devices do not 18 |
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48 | 48 | | meet the requirements of control under this section. 19 |
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49 | 49 | | (5) “Domestic animal” has the same meaning as in 6 V.S.A. § 1151(2). 20 |
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50 | 50 | | (6) “Domestic pet” has the same meaning as in section 4001 of this title. 21 BILL AS INTRODUCED H.166 |
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55 | 55 | | (7) “Fur-bearing species” or “furbearer” has the same meaning as in 1 |
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56 | 56 | | section 4001 of this title. 2 |
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57 | 57 | | (8) “In the presence of” means within hearing distance or visual contact 3 |
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58 | 58 | | with the dogs under conditions that allow the handler to take immediate action 4 |
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59 | 59 | | to control them. 5 |
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60 | 60 | | (9) “Supervised” or “supervision” means that a person at all times 6 |
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61 | 61 | | remains within visual sight or hearing distance of a dog, remains within 150 7 |
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62 | 62 | | feet of the dog, and is physically able to control the dog. 8 |
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63 | 63 | | Subchapter 2. Field Trials 9 |
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64 | 64 | | § 5001. HUNTING DOGS; FIELD TRAINING 10 |
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65 | 65 | | (a) While accompanying the dog, a person may train a hunting dog to hunt 11 |
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66 | 66 | | and pursue: 12 |
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67 | 67 | | (1) bear during the period from June 1 to September 15 and then only 13 |
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68 | 68 | | from sunrise to sunset; 14 |
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69 | 69 | | (2) rabbits and game birds during the period from June 1 to the last 15 |
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70 | 70 | | Saturday in September and then only from sunrise to sunset; 16 |
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71 | 71 | | (3) raccoon during the period from June 1 through any time of day or 17 |
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72 | 72 | | night on the day before the opening day of raccoon hunting season; and 18 |
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73 | 73 | | (4) bobcat and fox during the period June 1 to March 15, except during 19 |
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74 | 74 | | regular deer season as prescribed in section 4741 of this title. 20 BILL AS INTRODUCED H.166 |
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79 | 79 | | (b) The Commissioner may permit a person to train and condition a hunting 1 |
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80 | 80 | | dog between the second Monday in March and June 1. The Board may adopt 2 |
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81 | 81 | | rules as it considers necessary to control the training and conditioning of 3 |
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82 | 82 | | hunting dogs. 4 |
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83 | 83 | | (c) A person training a hunting dog under this section may possess a 5 |
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84 | 84 | | handgun while training the hunting dog, provided that the person shall not take 6 |
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85 | 85 | | game by any method while training the hunting dog. As used in this section, 7 |
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86 | 86 | | “handgun” means a pistol or revolver that will expel a projectile by the action 8 |
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87 | 87 | | of an explosive. 9 |
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88 | 88 | | § 5002. HUNTING DOGS; FIELD TRIALS; FEE 10 |
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89 | 89 | | The Commissioner may issue permits to organized groups to hold field 11 |
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90 | 90 | | trials for hunting dogs. Persons seeking a permit shall submit an application to 12 |
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91 | 91 | | the Commissioner as prescribed by the Commissioner and shall pay a fee of 13 |
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92 | 92 | | $50.00. 14 |
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93 | 93 | | § 5003. RETRIEVING DOGS; FIELD TRIALS 15 |
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94 | 94 | | The Commissioner may issue a license to any responsible person or field 16 |
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95 | 95 | | trial group to hold a field trial for retrieving dogs, or bird dogs, with game 17 |
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96 | 96 | | birds that have been propagated or legally acquired and released on the day of 18 |
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97 | 97 | | the trial on premises owned or controlled by the individual or group 19 |
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98 | 98 | | conducting the same, and shot for such purposes during daylight hours. Such 20 BILL AS INTRODUCED H.166 |
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101 | 101 | | |
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102 | 102 | | VT LEG #379823 v.1 |
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103 | 103 | | trials shall be held under the supervision of the Department of Fish and 1 |
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104 | 104 | | Wildlife. 2 |
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105 | 105 | | § 5004. RETRIEVER FIELD TRIALS; FEE 3 |
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106 | 106 | | The Commissioner may issue permits which shall authorize a holder or 4 |
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107 | 107 | | authorized designee to take all of the birds released by the holder of the permit 5 |
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108 | 108 | | or designee on the day the trial is in progress. Persons seeking a permit shall 6 |
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109 | 109 | | submit an application to the Commissioner as prescribed by the Commissioner, 7 |
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110 | 110 | | and shall pay a fee of $50.00. 8 |
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111 | 111 | | § 5006. EXEMPTION; HUNTING LICENSE 9 |
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112 | 112 | | Any person who participates in a trial under the provisions of sections 10 |
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113 | 113 | | 5002–5004 of this title shall not be required to have a hunting license. 11 |
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114 | 114 | | Subchapter 3. Hunting Bear or Coyote with Dogs 12 |
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115 | 115 | | § 5007. HUNTING BLACK BEAR WITH DOGS 13 |
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116 | 116 | | (a) No person shall pursue black bear with the aid of dogs, either for 14 |
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117 | 117 | | training or taking purposes, without a permit issued by the Commissioner. A 15 |
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118 | 118 | | Vermont resident shall not pursue black bear with the aid of dogs for training 16 |
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119 | 119 | | purposes without a permit issued by the Commissioner. The number of take 17 |
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120 | 120 | | permits issued to nonresidents in any given year shall not exceed 10 percent of 18 |
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121 | 121 | | the number of take permits issued to residents in the preceding year. The 19 |
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122 | 122 | | Commissioner shall establish a process for determining which nonresidents are 20 |
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123 | 123 | | to receive a take permit if there are more nonresident applicants than 21 BILL AS INTRODUCED H.166 |
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126 | 126 | | |
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127 | 127 | | VT LEG #379823 v.1 |
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128 | 128 | | nonresident permits. A nonresident may train dogs to hunt bear only while 1 |
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129 | 129 | | training season is in effect in the nonresident’s home state and subject to the 2 |
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130 | 130 | | laws and regulations of this State. 3 |
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131 | 131 | | (b) Permits will be issued to residents for a fee of $50.00. 4 |
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132 | 132 | | (c) Application fees The application fee for nonresidents a nonresident take 5 |
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133 | 133 | | permit shall be $10.00 with a nonresident take permit fee of $200.00 for 6 |
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134 | 134 | | successful applicants. 7 |
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135 | 135 | | § 5008. HUNTING COYOTE WITH AID OF DOGS; PERMIT 8 |
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136 | 136 | | (a) No person shall pursue coyote with the aid of dogs, either for training or 9 |
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137 | 137 | | taking purposes, without a permit issued by the Commissioner. A Vermont 10 |
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138 | 138 | | resident shall not pursue coyote with the aid of dogs for training purposes 11 |
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139 | 139 | | without a permit issued by the Commissioner. 12 |
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140 | 140 | | (1) The Commissioner may deny any permit at the Commissioner’s 13 |
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141 | 141 | | discretion. The Commissioner shall not issue more than 100 permits annually. 14 |
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142 | 142 | | (2) The number of take permits that the Commissioner issues to 15 |
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143 | 143 | | nonresidents in any given year shall not exceed 10 percent of the number of 16 |
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144 | 144 | | take permits issued to residents in the preceding year. The Commissioner shall 17 |
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145 | 145 | | establish a process and standards for determining which nonresidents are to 18 |
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146 | 146 | | receive a take permit, including who will receive a take permit if there are 19 |
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147 | 147 | | more nonresident applicants than nonresident permits. 20 BILL AS INTRODUCED H.166 |
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150 | 150 | | |
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151 | 151 | | VT LEG #379823 v.1 |
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152 | 152 | | (3) A nonresident may train dogs to pursue coyote only while the 1 |
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153 | 153 | | training season is in effect in the nonresident’s home state and subject to the 2 |
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154 | 154 | | requirements of this part and rules adopted under this part. [Repealed.] 3 |
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155 | 155 | | (b)(1) The Commissioner shall issue permits under this section to a resident 4 |
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156 | 156 | | for a fee of $50.00. 5 |
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157 | 157 | | (2) The application fee for a nonresident take permit issued under this 6 |
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158 | 158 | | section shall be $10.00, and the fee for a nonresident take permit issued under 7 |
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159 | 159 | | this section shall be $200.00 for a successful applicant. 8 |
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160 | 160 | | § 5009. PURSUING COYOTE WITH AID OF DOGS; LANDOWNER 9 |
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161 | 161 | | PERMISSION 10 |
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162 | 162 | | (a) A person shall not release a dog onto land posted in accordance with 11 |
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163 | 163 | | section 5201 of this title for the purpose of pursuing coyote with the aid of 12 |
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164 | 164 | | dogs unless the dog owner or handler of the hunting dog has obtained a 13 |
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165 | 165 | | courtesy permission card from the landowner or landowner’s agent allowing 14 |
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166 | 166 | | the pursuit of coyote with the aid of dogs on the land. 15 |
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167 | 167 | | (b) A person shall not release onto land a dog for the purpose of pursuing 16 |
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168 | 168 | | coyote with the aid of dogs if in the previous 365 days a dog had been 17 |
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169 | 169 | | previously found on the land, and the dog owner, a handler of the dog, or a 18 |
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170 | 170 | | person participating in the hunt has been personally informed by law 19 |
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171 | 171 | | enforcement that hunting dogs are not permitted on the property. 20 BILL AS INTRODUCED H.166 |
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175 | 175 | | VT LEG #379823 v.1 |
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176 | 176 | | (c)(1) For a first offense, a person who violates this section shall have 1 |
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177 | 177 | | committed a minor fish and wildlife violation and shall be assessed a five-point 2 |
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178 | 178 | | violation under subdivision 4502(b)(1) of this title. 3 |
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179 | 179 | | (2) For a second or subsequent violation of this section, a person shall 4 |
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180 | 180 | | be assessed a 10-point violation under subdivision 4502(b)(2) of this title and 5 |
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181 | 181 | | shall be fined under section 4515 of this title. [Repealed.] 6 |
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182 | 182 | | Subchapter 4. General Requirements; Access to Land 7 |
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183 | 183 | | § 5021. SUPERVISION AND CONTROL OF DOGS; TRAINING AND 8 |
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184 | 184 | | HUNTING 9 |
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185 | 185 | | (a) A person shall not use a dog of any breed or sex at any time for the 10 |
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186 | 186 | | purpose of hunting or training the dog to hunt a black bear or fur-bearing 11 |
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187 | 187 | | species unless the person has direct supervision of the dog. 12 |
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188 | 188 | | (b) A person using a dog for hunting or training to pursue black bears or 13 |
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189 | 189 | | fur-bearing species shall supervise and control the dog by maintaining visual or 14 |
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190 | 190 | | auditory contact with the dog at all times. 15 |
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191 | 191 | | § 5022. LANDOWNER PERMISSION 16 |
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192 | 192 | | (a) A person shall not allow dogs used for hunting or training of any 17 |
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193 | 193 | | species to run at large on private property where pets or domestic animals are 18 |
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194 | 194 | | kept or pastured without prior written permission of the owner of the property. 19 |
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195 | 195 | | (b) A person using dogs for hunting or training to pursue black bears or fur-20 |
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196 | 196 | | bearing species on private property shall obtain written permission from the 21 BILL AS INTRODUCED H.166 |
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199 | 199 | | |
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200 | 200 | | VT LEG #379823 v.1 |
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201 | 201 | | property owner or lawful occupant before releasing the dogs on the private 1 |
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202 | 202 | | property. 2 |
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203 | 203 | | (c) The written permission required under this section shall be carried by 3 |
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204 | 204 | | the person hunting or training with dogs at all times while engaged in the 4 |
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205 | 205 | | activity and shall be presented upon request by law enforcement or a game 5 |
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206 | 206 | | warden. 6 |
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207 | 207 | | § 5023. COLLAR REQUIREMENTS AND NOTIFICATION 7 |
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208 | 208 | | (a) A person shall not hunt or train a dog on black bears or fur-bearing 8 |
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209 | 209 | | species unless the dog has a collar with a functioning global positioning system 9 |
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210 | 210 | | tracker that legibly provides the name, telephone number, and address of the 10 |
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211 | 211 | | owner of the dog or the permittee authorized to use the dog. 11 |
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212 | 212 | | (b) A person who owns dogs to hunt or train black bear or fur-bearing 12 |
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213 | 213 | | species or a person permitted to use dogs to hunt or train shall notify the town 13 |
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214 | 214 | | in which the dogs will be used to hunt or train of the breeds and number of 14 |
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215 | 215 | | dogs to be used, the proposed location of training or hunting, and the days and 15 |
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216 | 216 | | times when training or hunting will occur. 16 |
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217 | 217 | | § 5024. DAMAGE TO PROPERTY 17 |
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218 | 218 | | A person shall not, while training, pursuing, or hunting black bears or fur-18 |
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219 | 219 | | bearing species with dogs, enter upon the land of another or damage any 19 |
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220 | 220 | | private property without prior written permission of the property owner. 20 BILL AS INTRODUCED H.166 |
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225 | 225 | | § 5025. SIGNAGE 1 |
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226 | 226 | | (a) When pursuing black bears and furbearers with dogs, the owner of the 2 |
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227 | 227 | | dogs or the person permitted to use the dogs shall post signs along roadways 3 |
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228 | 228 | | and on the property where the dogs are present that read “Caution Hunting 4 |
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229 | 229 | | Dogs.” The signs shall be a minimum of 12 inches by 12 inches and shall be 5 |
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230 | 230 | | printed with blaze orange letters on a yellow background. The signs shall be 6 |
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231 | 231 | | posted at least 40 inches above the ground and shall be placed at intervals not 7 |
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232 | 232 | | exceeding 1,000 feet apart. 8 |
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233 | 233 | | (b) The owner of the dogs or the person permitted to use the dogs shall bear 9 |
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234 | 234 | | the cost and maintenance of signs and shall not block driveways, intersections, 10 |
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235 | 235 | | or rights of way with the signs. A person shall not post the signs required by 11 |
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236 | 236 | | this section on private roads or private property without prior permission of the 12 |
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237 | 237 | | property owner. 13 |
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238 | 238 | | § 5026. REPORTING OF INCIDENTS, INJURIES, OR ATTACKS 14 |
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239 | 239 | | (a) A person hunting black bears or fur-bearing species with dogs or 15 |
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240 | 240 | | training dogs to pursue black bears or fur-bearing species shall immediately 16 |
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241 | 241 | | report to a game warden or law enforcement any incident when the dogs injure 17 |
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242 | 242 | | or attack a person, domestic pet, or domestic animal. 18 |
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243 | 243 | | (b) A report required under subsection (a) of this section shall include: 19 |
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244 | 244 | | (1) the date, time, and location of the incident; and 20 |
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245 | 245 | | (2) the names and contact information of all parties involved. 21 BILL AS INTRODUCED H.166 |
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250 | 250 | | § 5027. NONRESIDENT RESTRICTIONS ON TRAINING 1 |
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251 | 251 | | A nonresident of Vermont shall not train dogs to hunt black bears or fur-2 |
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252 | 252 | | bearing species during training season. 3 |
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253 | 253 | | § 5028. DAMAGES 4 |
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254 | 254 | | The owner of dogs used to hunt black bear of fur-bearing species or the 5 |
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255 | 255 | | person permitted to use dogs to hunt black bear or fur-bearing species shall be 6 |
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256 | 256 | | liable for all damages to animals or people caused by hunting the dogs the 7 |
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257 | 257 | | owner or person is required to supervise. If the owner of a dog or person 8 |
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258 | 258 | | authorized to use a dog damages animals or people a second or subsequent 9 |
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259 | 259 | | time while hunting bear or fur-bearing species with the dogs, the owner or the 10 |
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260 | 260 | | dogs or the person authorized to use the dogs shall permittees shall be liable 11 |
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261 | 261 | | for double the amount of the damages. 12 |
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262 | 262 | | Sec. 2. 10 V.S.A. § 4502 is amended to read: 13 |
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263 | 263 | | § 4502. UNIFORM POINT SYSTEM; REVOCATION OF LICENSE 14 |
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264 | 264 | | (a) A uniform point system that assigns points to those convicted of a 15 |
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265 | 265 | | violation of a provision of this part is established. The conviction report from 16 |
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266 | 266 | | the court shall be prima facie evidence of the points assessed. In addition to 17 |
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267 | 267 | | other penalties assessed for violation of fish and wildlife statutes, the 18 |
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268 | 268 | | Commissioner shall suspend licenses issued under this part that are held by a 19 |
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269 | 269 | | person who has accumulated 10 or more points in accordance with the 20 |
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270 | 270 | | provisions of subsection (c) of this section. 21 BILL AS INTRODUCED H.166 |
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273 | 273 | | |
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274 | 274 | | VT LEG #379823 v.1 |
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275 | 275 | | (b) A person violating provisions of this part shall receive points for 1 |
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276 | 276 | | convictions in accordance with the following schedule (all sections are in this 2 |
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277 | 277 | | title of the Vermont Statutes Annotated): 3 |
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278 | 278 | | (1) Except for biological collection violations determined to be nonpoint 4 |
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279 | 279 | | violations under the rules of the Board, five points shall be assessed for any 5 |
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280 | 280 | | violation of statutes or rules adopted under this part except those listed in 6 |
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281 | 281 | | subdivisions (2) and (3) of this subsection. 7 |
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282 | 282 | | (2) Ten points shall be assessed for: 8 |
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283 | 283 | | * * * 9 |
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284 | 284 | | (TT) § 4716. Participating in a coyote-hunting competition. 10 |
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285 | 285 | | (UU) chapter 115, subchapter 4. Violating requirements for hunting 11 |
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286 | 286 | | or training with dogs. 12 |
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287 | 287 | | (3) Twenty points shall be assessed for: 13 |
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288 | 288 | | (A) § 4192. General powers and duties; failure to obey warden 14 |
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289 | 289 | | * * * 15 |
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290 | 290 | | (4) In addition to other points assessed under this subsection, a person 16 |
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291 | 291 | | shall be assessed one point for each fish, bird, animal, or pelt possessed, taken, 17 |
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292 | 292 | | transported, bought, or sold in excess of the limits established in statutes or 18 |
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293 | 293 | | rules adopted under this part. 19 |
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294 | 294 | | (c) Licenses shall be suspended as follows: 20 BILL AS INTRODUCED H.166 |
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297 | 297 | | |
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298 | 298 | | VT LEG #379823 v.1 |
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299 | 299 | | (1) For 10 to 14 points accumulated in five years—a one-year 1 |
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300 | 300 | | suspension. 2 |
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301 | 301 | | (2) For 15 to 19 points accumulated in five years—a two-year 3 |
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302 | 302 | | suspension. 4 |
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303 | 303 | | (3) For 20 or more points accumulated in five years—a three-year 5 |
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304 | 304 | | suspension. 6 |
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305 | 305 | | * * * 7 |
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306 | 306 | | Sec. 3. 10 V.S.A. § 4712(a) is amended to read: 8 |
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307 | 307 | | (a) The Commissioner may certify an individual to use a dog on a leash to 9 |
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308 | 308 | | track injured wild animals, consistent with the requirements of chapter 115, 10 |
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309 | 309 | | subchapter 4 of this title. The certificate shall be valid for five years from date 11 |
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310 | 310 | | of issuance. The Commissioner shall establish the following by rule: 12 |
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311 | 311 | | (1) procedures for issuing a certificate under this section; 13 |
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312 | 312 | | (2) qualifications required for certification under this section; 14 |
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313 | 313 | | (3) privileges granted to a person holding a certificate under this section. 15 |
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314 | 314 | | Sec. 4. REPEAL OF FISH AND WILDLIFE BOARD RULES 16 |
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315 | 315 | | 10 V.S.A. App. §§ 3.1 (definition of supervise), 3.6 (definition of control of 17 |
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316 | 316 | | dogs), and 4.20.7 (land owner permission requirements) are repealed. 18 |
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317 | 317 | | Sec. 5. EFFECTIVE DATE 19 |
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318 | 318 | | This act shall take effect on passage. 20 |
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