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H.230 1
Introduced by Representative Satcowitz of Randolph 2
Referred to Committee on 3
Date: 4
Subject: Fish and wildlife; fish and game; hunting; conservation 5
Statement of purpose of bill as introduced: This bill proposes to amend 6
multiple provisions related to hunting, fishing, and trapping and related to the 7
conservation of threatened and endangered species. The bill would authorize 8
the Commissioner of Fish and Wildlife to designate Labor Day weekend as a 9
free mentored fishing weekend. The bill would adjust the fees for fishing 10
tournaments based on the number of participants. The bill also increases the 11
penalties for big game violations. In addition, the bill would allow for 12
enforcement of a fish and wildlife violation in the Judicial Bureau based on the 13
determination of the enforcing warden. The bill authorizes the Commissioner 14
of Fish and Wildlife to adopt rules for the protection, conservation, and taking 15
of amphibians and reptiles. The bill would clarify that a person could not take, 16
collect, or possess a wild bird, wild animal, reptile, or amphibians with a 17
permit from the Commissioner. The bill also clarifies the authority of the 18
Commissioner of Fish and Wildlife to not disclose the location of specific 19
endangered or threatened species. In addition, the bill would repeal the statute 20 BILL AS INTRODUCED H.230
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requiring the Department of Fish and Wildlife to reimburse farmers whose 1
crops are damaged by black bear. 2
An act relating to the management of fish and wildlife 3
It is hereby enacted by the General Assembly of the State of Vermont: 4
Sec. 1. 10 V.S.A. § 4251 is amended to read: 5
§ 4251. TAKING WILD ANIMALS AND FISH; LICENSE 6
(a) Except as provided in sections 4253 and 4254b of this title, a person 7
shall not take wild animals or fish without first having procured a license 8
therefor; provided, however, that a person under 15 years of age may take fish 9
in accordance with this part and regulations of the Board, without first having 10
procured a license therefor. 11
(b) The Commissioner of Fish and Wildlife may designate two days each 12
calendar year as “free fishing days” for which no license shall be required. 13
One day shall occur in the open water fishing season and one day shall occur 14
during the ice fishing season. 15
(c) The Commissioner of Fish and Wildlife may designate Labor Day 16
weekend each year as “free mentored fishing weekend,” during which one 17
unlicensed angler can fish with one licensed angler throughout this three-day 18
period. 19
Sec. 2. 10 V.S.A. § 4613 is amended to read: 20 BILL AS INTRODUCED H.230
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§ 4613. FISHING TOURNAMENTS 1
(a) No person or organization shall hold a fishing tournament on the waters 2
of the State without first obtaining a permit from the Department of Fish and 3
Wildlife. Tournaments held on the Connecticut River, excluding Moore and 4
Comerford Reservoirs, that do not utilize an access area in Vermont are not 5
required to obtain a permit from the Department of Fish and Wildlife. 6
(b) A fishing tournament means a contest in which anglers pay a fee to 7
enter and in which the entrants compete for a prize based on the quality or size 8
of the fish they catch. A contest may run multiple days, but the days must be 9
consecutive for that contest to be considered a single event. A tournament that 10
limits the entrants to people below 15 years of age or a tournament held as part 11
of a Special Olympics program shall be exempt from paying the fee required 12
under subsection (d) of this section. 13
(c) The Commissioner shall adopt rules that establish the procedure for 14
implementation of this section. The rules shall include a provision that an 15
angler may not enter a fish that was caught and confined to an enclosed area 16
prior to the beginning of the tournament. 17
(d) The Commissioner shall charge a fee of $50.00 based on the number of 18
participants for each permit issued under this section and shall deposit the fee 19
collected into the Fish and Wildlife Fund. Tournaments with up to 25 20
participants shall pay a fee of $10.00; tournaments with 26 to 50 participants 21 BILL AS INTRODUCED H.230
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shall pay a fee of $30.00; and tournaments with more than 50 participants shall 1
pay a fee of $100.00. 2
Sec. 3. 10 V.S.A. § 4518 is amended to read: 3
§ 4518. BIG GAME VIOLATIONS; THREATENED AND ENDANGERED 4
SPECIES; SUSPENSION; VIOLATIONS 5
(a) Whoever violates a provision of this part or orders or rules of the Board 6
relating to taking, possessing, transporting, buying, or selling of big game; 7
relating to threatened or endangered species; or relating to the trade in covered 8
animal parts or products that constitutes a big game violation shall be fined not 9
more than $1,000.00 $2,000.00 nor less than $400.00 $500.00 or imprisoned 10
for not more than 60 days, or both. Upon a second and all subsequent 11
convictions or any conviction while under license suspension related to the 12
requirements of part 4 of this title, the violator shall be fined not more than 13
$4,000.00 $5,000.00 nor less than $2,000.00 or imprisoned for not more than 14
60 180 days, or both. 15
(b) A “big game violation” means: 16
(1) violations relating to taking, possessing, transporting, buying, or 17
selling of big game; 18
(2) violations of chapter 123 of this title and the rules related to 19
threatened and endangered species; 20 BILL AS INTRODUCED H.230
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(3) violation of section 4280 of this title relating to criminal 1
suspensions; 2
(4) violations of chapter 124 of this title relating to the trade in covered 3
animal parts or products; 4
(5) interference with hunting, fishing, or trapping in violation of section 5
4708 of this title; or 6
(6) illegal commercial importation or possession of wild animals in 7
violation of section 4709 of this title. 8
Sec. 4. 10 V.S.A. § 4552 is amended to read: 9
§ 4552. JURISDICTION; VENUE 10
The Vermont Criminal Division of the Superior Court shall have exclusive 11
jurisdiction over fish and wildlife violations with the exception of violations 12
related to section 4152 and chapters 123 and 124 of this title. Venue for 13
adjudicating fish and wildlife violations shall be the unit of the Criminal 14
Division of the Superior Court having jurisdiction over the geographical area 15
where the offense is stated to have occurred. 16
Sec. 5. 10 V.S.A. § 4572 is amended to read: 17
§ 4572. DEFINITIONS 18
(a) As used in this subchapter, a minor fish and wildlife violation means: 19
(1) a violation of 10 V.S.A. § 4145 (violation of access and landing area 20
rules); 21 BILL AS INTRODUCED H.230
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(2) a violation of 10 V.S.A. § 4251 (taking wild animals and fish 1
without a license); 2
(3) a violation of 10 V.S.A. § 4266 (failure to carry a license on person 3
or failure to exhibit license); 4
(4) a violation of 10 V.S.A. § 4267 (false statements in license 5
application; altering license; transferring license to another person; using 6
another person’s license; or guiding an unlicensed person); 7
(5) a violation of 10 V.S.A. § 4713 (tree or ground stands or blinds); or 8
(6) [Repealed.] 9
(7) a violation of a biological collection rule adopted by the Board under 10
part 4 of this title; or 11
(8) except for big game offenses and under revocation offenses, a 12
warden may determine that a fish and wildlife violation not listed in this 13
section should be charged as a minor violation based on factors such as: 14
(A) the offender has no prior history of violations; 15
(B) the offender was cooperative and forthcoming or reported the 16
violation; 17
(C) there are mitigating circumstances; 18
(D) the totality of circumstances would lead a reasonable person to 19
believe that the offense is minor in nature; 20
(E) there is no possibility of forfeiture; and 21 BILL AS INTRODUCED H.230
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(F) there is no need for a criminal warrant to investigate the violation. 1
(b) “Bureau” means the Judicial Bureau as created in 4 V.S.A. § 1102. 2
Sec. 6. 10 V.S.A. § 4085 is added to read: 3
§ 4085. REPTILES AND AMPHIBIANS 4
The Commissioner may adopt rules related to the protection, conservation, 5
and taking of reptiles and amphibians. The rules may: 6
(1) prohibit the possession and importation of species that pose a threat 7
to species and ecosystems in Vermont and allow the Department to establish a 8
list of prohibited or restricted species; 9
(2) allow for waivers for possession of prohibited species legally 10
acquired as a pet prior to July 1, 2025; 11
(3) prohibit the taking and collection of specified reptiles and 12
amphibians; 13
(4) establish open seasons for common species; 14
(5) establish daily, season, and possession limits for common species; 15
(6) establish territorial limits for any rule under this subchapter; 16
(7) prescribe the manner and means of taking any species or variety, 17
including reporting and tagging of game; 18
(8) establish restrictions on taking based upon sex, maturity, or other 19
physical distinction of the species or variety pursued; and 20 BILL AS INTRODUCED H.230
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(9) designate Wildlife Management Units for various species or 1
varieties. 2
Sec. 7. 10 V.S.A. § 4709 is amended to read: 3
§ 4709. TRANSPORT, IMPORTATION, POSSESSION, AND STOCKING 4
OF WILD ANIMALS; POSSESSION OF WILD BOAR OR FERAL 5
SWINE 6
(a) A person shall not bring into, transport into, transport within, transport 7
through, or possess in the State any live wild bird or animal of any kind, 8
including reptiles, amphibians, or any manner of feral swine, without 9
authorization from the Commissioner or his or her the Commissioner’s 10
designee. The importation permit may be granted under such regulations 11
therefor as rules, requirements, or conditions that the Commissioner shall 12
prescribe and only after the Commissioner has made such investigation and 13
inspection of the birds or animals as she or he the Commissioner may deem 14
necessary. The Department may dispose of unlawfully possessed or imported 15
wildlife as it may judge best, and the State may collect treble damages from the 16
violator of this subsection for all expenses incurred. 17
(b) No person shall bring into the State from another country, state, or 18
province wildlife illegally taken, transported, or possessed contrary to the laws 19
governing the country, state, or province from which the wildlife originated. 20 BILL AS INTRODUCED H.230
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(c) No person shall place a Vermont-issued tag on wildlife taken outside 1
the State. No person shall report big game in Vermont when the wildlife is 2
taken outside the State. 3
(d) Nothing in this section shall prohibit the Commissioner or duly 4
authorized agents of the Department of Fish and Wildlife from bringing into 5
the State for the purpose of planting, introducing, or stocking or from planting, 6
introducing, or stocking in the State any wild bird or animal. 7
(e) A person shall not take, collect, possess, sell, import, or export any wild 8
bird or animal, or parts thereof, dead or alive, for commercial purposes unless 9
authorized by the rules of the Board, rules of the Commissioner, or a permit 10
from the Commissioner. 11
(f) A person shall not take, collect, or possess any reptile or amphibian, or 12
parts thereof, dead or alive, for personal use unless authorized by the rules of 13
the Commissioner or a permit from the Commissioner. 14
(g) Any person who violates this section may be subject to the penalties set 15
forth in section 4518 of this title and also may be required to pay additional 16
penalties based on reasonable mitigation and potential economic benefit 17
associated with commercial trade. 18
(h) The Commissioner may bring an action in the unit of the Criminal 19
Division of the Superior Court having jurisdiction over the geographical area 20
where the offense is stated to have occurred, or the Environmental Division of 21 BILL AS INTRODUCED H.230
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the Superior Court, to compel reasonable mitigation and recover economic 1
benefits for commercial collection and trade violations under this subsection. 2
(i) Applicants shall pay a permit fee of $100.00. 3
(f)(j)(1) The Commissioner shall not issue a permit under this section for 4
the importation or possession of the following live species, a hybrid or genetic 5
variant of the following species, offspring of the following species, or 6
offspring or a hybrid of a genetically engineered variant of the following 7
species: feral swine, including wild boar, wild hog, wild swine, feral pig, feral 8
hog, old world swine, razorback, Eurasian wild boar, or Russian wild boar (Sus 9
scrofo Linnaeus). A feral swine is: 10
* * * 11
Sec. 8. 10 V.S.A. § 5403(a) is amended to read: 12
(a) Except as authorized under this chapter, a person shall not: 13
(1) take, possess, or transport wildlife or wild plants that are members of 14
a threatened or endangered species; or 15
(2) destroy or adversely impact critical habitat; 16
(3) sell or offer for sale in intrastate commerce a threatened or 17
endangered species; 18
(4) deliver, receive, carry, transport, or ship a threatened or endangered 19
species in intrastate commerce; or 20 BILL AS INTRODUCED H.230
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(5) import a threatened or endangered species into or export a threatened 1
or endangered species from Vermont. 2
Sec. 9. 10 V.S.A. § 5408 is amended to read: 3
§ 5408. AUTHORIZED TAKINGS; INCIDENTAL TAKINGS; 4
DESTRUCTION OF CRITICAL HABITAT 5
(a) Authorized taking. Notwithstanding any provision of this chapter, after 6
obtaining the advice of the Endangered Species Committee, the Secretary may 7
permit, under such terms and conditions as the Secretary may require as 8
necessary to carry out the purposes of this chapter, the taking of a threatened or 9
endangered species, the destruction of or adverse impact on critical habitat, or 10
any act otherwise prohibited by this chapter if done for any of the following 11
purposes: 12
(1) scientific purposes; 13
(2) to enhance the propagation or survival of a threatened or endangered 14
species; 15
(3) zoological exhibition; 16
(4) educational purposes; 17
(5) noncommercial cultural or ceremonial purposes; or 18
(6) special purposes consistent with the purposes of the federal 19
Endangered Species Act. 20 BILL AS INTRODUCED H.230
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(b) Incidental taking. After obtaining the advice of the Endangered Species 1
Committee, the Secretary may permit, under such terms and conditions as 2
necessary to carry out the purposes of this chapter, the incidental taking of a 3
threatened or endangered species or the destruction of or adverse impact on 4
critical habitat if: 5
(1) the taking is necessary to conduct an otherwise lawful activity; 6
(2) the taking is attendant or secondary to, and not the purpose of, the 7
lawful activity; 8
(3) the impact of the permitted incidental take is minimized; and 9
(4) the incidental taking will not impair the conservation or recovery of 10
any endangered species or threatened species. 11
* * * 12
(k) Public notice. Prior Except for threatened and endangered species 13
listed by the Secretary in accordance with subsection 5410(b) of this title, to 14
issuing a permit for an incidental taking and prior to the initial issuance or 15
amendment of a general permit under this section, the Secretary shall provide 16
for public notice of no not fewer than 30 days, opportunity for written 17
comment, and opportunity to request a public informational hearing. The 18
Except for threatened and endangered species listed by the Secretary in 19
accordance with subsection 5410(b) of this title, the Secretary shall post permit 20
applications, permit decisions, and the initial or amended general permits on 21 BILL AS INTRODUCED H.230
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the website of the Agency of Natural Resources. The Except for threatened and 1
endangered species listed by the Secretary in accordance with subsection 2
5410(b) of this title, the Secretary also shall provide notice to interested 3
persons who request notice of permit applications, permit decisions, and 4
proposed general permits or proposed amendments to general permits. 5
(l) General permits. 6
(1) The Secretary may issue general permits for activities that will not 7
affect the continued survival or recovery of a threatened or endangered species. 8
* * * 9
(6) Prior Except for threatened and endangered species listed by the 10
Secretary in accordance with subsection 5410(b) of this title, prior to issuing an 11
initial or amended general permit under this subsection, the Secretary shall: 12
(A) post a draft of the general permit on the Agency website; 13
(B) provide public notice of at least 30 days; and 14
(C) provide for written comments or a public hearing, or both. 15
(7) For applications for coverage under the terms of an issued general 16
permit, the applicant shall provide notice on a form provided by the Secretary. 17
The Except for threatened and endangered species listed by the Secretary in 18
accordance with subsection 5410(b) of this title, the Secretary shall post notice 19
of the application on the Agency website and shall provide an opportunity for 20
written comment, regarding whether the application complies with the terms 21 BILL AS INTRODUCED H.230
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and conditions of the general permit, for ten 10 days following receipt of the 1
application. 2
* * * 3
Sec. 10. 10 V.S.A. § 5410 is amended to read: 4
§ 5410. LOCATION CONFIDENTIAL 5
(a) The Secretary shall not disclose information regarding the specific 6
location of threatened or endangered species sites or habitats except that the 7
Secretary shall disclose information regarding the location of the threatened or 8
endangered species to: 9
(1) to the owner of land upon which the species is located; 10
(2) to a potential buyer of land upon which the species is located who 11
has a bona fide contract to buy the land and applies to the Secretary for 12
disclosure of threatened or endangered species information; or 13
(3) to qualified individuals or organizations, public agencies, and 14
nonprofit organizations for scientific research or for preservation and planning 15
purposes when the Secretary determines that the preservation of the species is 16
not further endangered by the disclosure; or 17
(4) during regulatory processes with the exception of threatened or 18
endangered species listed under subsection (b) of this section. 19
(b) The Secretary shall maintain a subset list of threatened and endangered 20
species whose specific names shall not be included in regulatory planning. 21 BILL AS INTRODUCED H.230
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The subset list shall include threatened or endangered species for which the 1
species names and locations shall not be disclosed because of the risk that the 2
species will be significantly harmed by unauthorized take, such as illegal 3
collection, commercial trade, human-caused mortality, or destruction of 4
habitat. The list shall be based on the rarity of the species, known collection, 5
and commercial trade activities in Vermont and other states or countries, 6
incidents of human-caused mortality or destruction of habitat, and other factors 7
that present a threat to the continued existence of the species. 8
(c) When the Secretary issues a permit under this chapter to take a 9
threatened or endangered species or destroy or adversely impact critical habitat 10
and when the Secretary designates critical habitat by rule under section 5402a 11
of this title, the Secretary shall disclose only the municipality and general 12
location where the threatened or endangered species or designated critical 13
habitat is located. When the Secretary designates critical habitat under section 14
5402a of this title, the Secretary shall notify the municipality in which the 15
critical habitat is located and shall disclose the general location of the 16
designated critical habitat. 17
Sec. 11. 10 V.S.A. § 4829 is amended to read: 18
§ 4829. PERSON SUFFERING DAMAGE BY DEER OR BLACK BEAR 19
(a) A person engaged in the business of farming who suffers damage by 20
deer to the person’s crops, fruit trees, or crop-bearing plants on land not posted 21 BILL AS INTRODUCED H.230
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against the hunting of deer, or a person engaged in the business of farming who 1
suffers damage by black bear to the person’s cattle, sheep, swine, poultry, or 2
bees or bee hives on land not posted against hunting or trapping of black bear 3
is entitled to reimbursement for the damage up to an amount not to exceed 4
$5,000.00 per year, and may apply to the Department of Fish and Wildlife 5
within 72 hours of the occurrence of the damage for reimbursement for the 6
damage. As used in this section, “post” means any signage that would lead a 7
reasonable person to believe that hunting is prohibited on the land. 8
(b) As used in this section, a person is “engaged in the business of farming” 9
if he or she earns at least one-half of the farmer’s annual gross income from the 10
business of farming, as that term is defined in the Internal Revenue Code, 26 11
C.F.R. § 1.175-3. [Repealed.] 12
Sec. 12. EFFECTIVE DATE 13
This act shall take effect on July 1, 2025. 14