VT
Vermont House Bill H0230

Vermont 2025-2026 Regular Session

Vermont House Bill H0230 Compare Versions

Only one version of the bill is available at this time.
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11 BILL AS INTRODUCED H.230
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55 VT LEG #380522 v.1
66 H.230 1
77 Introduced by Representative Satcowitz of Randolph 2
88 Referred to Committee on 3
99 Date: 4
1010 Subject: Fish and wildlife; fish and game; hunting; conservation 5
1111 Statement of purpose of bill as introduced: This bill proposes to amend 6
1212 multiple provisions related to hunting, fishing, and trapping and related to the 7
1313 conservation of threatened and endangered species. The bill would authorize 8
1414 the Commissioner of Fish and Wildlife to designate Labor Day weekend as a 9
1515 free mentored fishing weekend. The bill would adjust the fees for fishing 10
1616 tournaments based on the number of participants. The bill also increases the 11
1717 penalties for big game violations. In addition, the bill would allow for 12
1818 enforcement of a fish and wildlife violation in the Judicial Bureau based on the 13
1919 determination of the enforcing warden. The bill authorizes the Commissioner 14
2020 of Fish and Wildlife to adopt rules for the protection, conservation, and taking 15
2121 of amphibians and reptiles. The bill would clarify that a person could not take, 16
2222 collect, or possess a wild bird, wild animal, reptile, or amphibians with a 17
2323 permit from the Commissioner. The bill also clarifies the authority of the 18
2424 Commissioner of Fish and Wildlife to not disclose the location of specific 19
2525 endangered or threatened species. In addition, the bill would repeal the statute 20 BILL AS INTRODUCED H.230
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3030 requiring the Department of Fish and Wildlife to reimburse farmers whose 1
3131 crops are damaged by black bear. 2
3232 An act relating to the management of fish and wildlife 3
3333 It is hereby enacted by the General Assembly of the State of Vermont: 4
3434 Sec. 1. 10 V.S.A. § 4251 is amended to read: 5
3535 § 4251. TAKING WILD ANIMALS AND FISH; LICENSE 6
3636 (a) Except as provided in sections 4253 and 4254b of this title, a person 7
3737 shall not take wild animals or fish without first having procured a license 8
3838 therefor; provided, however, that a person under 15 years of age may take fish 9
3939 in accordance with this part and regulations of the Board, without first having 10
4040 procured a license therefor. 11
4141 (b) The Commissioner of Fish and Wildlife may designate two days each 12
4242 calendar year as “free fishing days” for which no license shall be required. 13
4343 One day shall occur in the open water fishing season and one day shall occur 14
4444 during the ice fishing season. 15
4545 (c) The Commissioner of Fish and Wildlife may designate Labor Day 16
4646 weekend each year as “free mentored fishing weekend,” during which one 17
4747 unlicensed angler can fish with one licensed angler throughout this three-day 18
4848 period. 19
4949 Sec. 2. 10 V.S.A. § 4613 is amended to read: 20 BILL AS INTRODUCED H.230
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5454 § 4613. FISHING TOURNAMENTS 1
5555 (a) No person or organization shall hold a fishing tournament on the waters 2
5656 of the State without first obtaining a permit from the Department of Fish and 3
5757 Wildlife. Tournaments held on the Connecticut River, excluding Moore and 4
5858 Comerford Reservoirs, that do not utilize an access area in Vermont are not 5
5959 required to obtain a permit from the Department of Fish and Wildlife. 6
6060 (b) A fishing tournament means a contest in which anglers pay a fee to 7
6161 enter and in which the entrants compete for a prize based on the quality or size 8
6262 of the fish they catch. A contest may run multiple days, but the days must be 9
6363 consecutive for that contest to be considered a single event. A tournament that 10
6464 limits the entrants to people below 15 years of age or a tournament held as part 11
6565 of a Special Olympics program shall be exempt from paying the fee required 12
6666 under subsection (d) of this section. 13
6767 (c) The Commissioner shall adopt rules that establish the procedure for 14
6868 implementation of this section. The rules shall include a provision that an 15
6969 angler may not enter a fish that was caught and confined to an enclosed area 16
7070 prior to the beginning of the tournament. 17
7171 (d) The Commissioner shall charge a fee of $50.00 based on the number of 18
7272 participants for each permit issued under this section and shall deposit the fee 19
7373 collected into the Fish and Wildlife Fund. Tournaments with up to 25 20
7474 participants shall pay a fee of $10.00; tournaments with 26 to 50 participants 21 BILL AS INTRODUCED H.230
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7979 shall pay a fee of $30.00; and tournaments with more than 50 participants shall 1
8080 pay a fee of $100.00. 2
8181 Sec. 3. 10 V.S.A. § 4518 is amended to read: 3
8282 § 4518. BIG GAME VIOLATIONS; THREATENED AND ENDANGERED 4
8383 SPECIES; SUSPENSION; VIOLATIONS 5
8484 (a) Whoever violates a provision of this part or orders or rules of the Board 6
8585 relating to taking, possessing, transporting, buying, or selling of big game; 7
8686 relating to threatened or endangered species; or relating to the trade in covered 8
8787 animal parts or products that constitutes a big game violation shall be fined not 9
8888 more than $1,000.00 $2,000.00 nor less than $400.00 $500.00 or imprisoned 10
8989 for not more than 60 days, or both. Upon a second and all subsequent 11
9090 convictions or any conviction while under license suspension related to the 12
9191 requirements of part 4 of this title, the violator shall be fined not more than 13
9292 $4,000.00 $5,000.00 nor less than $2,000.00 or imprisoned for not more than 14
9393 60 180 days, or both. 15
9494 (b) A “big game violation” means: 16
9595 (1) violations relating to taking, possessing, transporting, buying, or 17
9696 selling of big game; 18
9797 (2) violations of chapter 123 of this title and the rules related to 19
9898 threatened and endangered species; 20 BILL AS INTRODUCED H.230
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103103 (3) violation of section 4280 of this title relating to criminal 1
104104 suspensions; 2
105105 (4) violations of chapter 124 of this title relating to the trade in covered 3
106106 animal parts or products; 4
107107 (5) interference with hunting, fishing, or trapping in violation of section 5
108108 4708 of this title; or 6
109109 (6) illegal commercial importation or possession of wild animals in 7
110110 violation of section 4709 of this title. 8
111111 Sec. 4. 10 V.S.A. § 4552 is amended to read: 9
112112 § 4552. JURISDICTION; VENUE 10
113113 The Vermont Criminal Division of the Superior Court shall have exclusive 11
114114 jurisdiction over fish and wildlife violations with the exception of violations 12
115115 related to section 4152 and chapters 123 and 124 of this title. Venue for 13
116116 adjudicating fish and wildlife violations shall be the unit of the Criminal 14
117117 Division of the Superior Court having jurisdiction over the geographical area 15
118118 where the offense is stated to have occurred. 16
119119 Sec. 5. 10 V.S.A. § 4572 is amended to read: 17
120120 § 4572. DEFINITIONS 18
121121 (a) As used in this subchapter, a minor fish and wildlife violation means: 19
122122 (1) a violation of 10 V.S.A. § 4145 (violation of access and landing area 20
123123 rules); 21 BILL AS INTRODUCED H.230
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128128 (2) a violation of 10 V.S.A. § 4251 (taking wild animals and fish 1
129129 without a license); 2
130130 (3) a violation of 10 V.S.A. § 4266 (failure to carry a license on person 3
131131 or failure to exhibit license); 4
132132 (4) a violation of 10 V.S.A. § 4267 (false statements in license 5
133133 application; altering license; transferring license to another person; using 6
134134 another person’s license; or guiding an unlicensed person); 7
135135 (5) a violation of 10 V.S.A. § 4713 (tree or ground stands or blinds); or 8
136136 (6) [Repealed.] 9
137137 (7) a violation of a biological collection rule adopted by the Board under 10
138138 part 4 of this title; or 11
139139 (8) except for big game offenses and under revocation offenses, a 12
140140 warden may determine that a fish and wildlife violation not listed in this 13
141141 section should be charged as a minor violation based on factors such as: 14
142142 (A) the offender has no prior history of violations; 15
143143 (B) the offender was cooperative and forthcoming or reported the 16
144144 violation; 17
145145 (C) there are mitigating circumstances; 18
146146 (D) the totality of circumstances would lead a reasonable person to 19
147147 believe that the offense is minor in nature; 20
148148 (E) there is no possibility of forfeiture; and 21 BILL AS INTRODUCED H.230
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153153 (F) there is no need for a criminal warrant to investigate the violation. 1
154154 (b) “Bureau” means the Judicial Bureau as created in 4 V.S.A. § 1102. 2
155155 Sec. 6. 10 V.S.A. § 4085 is added to read: 3
156156 §  4085. REPTILES AND AMPHIBIANS 4
157157 The Commissioner may adopt rules related to the protection, conservation, 5
158158 and taking of reptiles and amphibians. The rules may: 6
159159 (1) prohibit the possession and importation of species that pose a threat 7
160160 to species and ecosystems in Vermont and allow the Department to establish a 8
161161 list of prohibited or restricted species; 9
162162 (2) allow for waivers for possession of prohibited species legally 10
163163 acquired as a pet prior to July 1, 2025; 11
164164 (3) prohibit the taking and collection of specified reptiles and 12
165165 amphibians; 13
166166 (4) establish open seasons for common species; 14
167167 (5) establish daily, season, and possession limits for common species; 15
168168 (6) establish territorial limits for any rule under this subchapter; 16
169169 (7) prescribe the manner and means of taking any species or variety, 17
170170 including reporting and tagging of game; 18
171171 (8) establish restrictions on taking based upon sex, maturity, or other 19
172172 physical distinction of the species or variety pursued; and 20 BILL AS INTRODUCED H.230
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177177 (9) designate Wildlife Management Units for various species or 1
178178 varieties. 2
179179 Sec. 7. 10 V.S.A. § 4709 is amended to read: 3
180180 § 4709. TRANSPORT, IMPORTATION, POSSESSION, AND STOCKING 4
181181 OF WILD ANIMALS; POSSESSION OF WILD BOAR OR FERAL 5
182182 SWINE 6
183183 (a) A person shall not bring into, transport into, transport within, transport 7
184184 through, or possess in the State any live wild bird or animal of any kind, 8
185185 including reptiles, amphibians, or any manner of feral swine, without 9
186186 authorization from the Commissioner or his or her the Commissioner’s 10
187187 designee. The importation permit may be granted under such regulations 11
188188 therefor as rules, requirements, or conditions that the Commissioner shall 12
189189 prescribe and only after the Commissioner has made such investigation and 13
190190 inspection of the birds or animals as she or he the Commissioner may deem 14
191191 necessary. The Department may dispose of unlawfully possessed or imported 15
192192 wildlife as it may judge best, and the State may collect treble damages from the 16
193193 violator of this subsection for all expenses incurred. 17
194194 (b) No person shall bring into the State from another country, state, or 18
195195 province wildlife illegally taken, transported, or possessed contrary to the laws 19
196196 governing the country, state, or province from which the wildlife originated. 20 BILL AS INTRODUCED H.230
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201201 (c) No person shall place a Vermont-issued tag on wildlife taken outside 1
202202 the State. No person shall report big game in Vermont when the wildlife is 2
203203 taken outside the State. 3
204204 (d) Nothing in this section shall prohibit the Commissioner or duly 4
205205 authorized agents of the Department of Fish and Wildlife from bringing into 5
206206 the State for the purpose of planting, introducing, or stocking or from planting, 6
207207 introducing, or stocking in the State any wild bird or animal. 7
208208 (e) A person shall not take, collect, possess, sell, import, or export any wild 8
209209 bird or animal, or parts thereof, dead or alive, for commercial purposes unless 9
210210 authorized by the rules of the Board, rules of the Commissioner, or a permit 10
211211 from the Commissioner. 11
212212 (f) A person shall not take, collect, or possess any reptile or amphibian, or 12
213213 parts thereof, dead or alive, for personal use unless authorized by the rules of 13
214214 the Commissioner or a permit from the Commissioner. 14
215215 (g) Any person who violates this section may be subject to the penalties set 15
216216 forth in section 4518 of this title and also may be required to pay additional 16
217217 penalties based on reasonable mitigation and potential economic benefit 17
218218 associated with commercial trade. 18
219219 (h) The Commissioner may bring an action in the unit of the Criminal 19
220220 Division of the Superior Court having jurisdiction over the geographical area 20
221221 where the offense is stated to have occurred, or the Environmental Division of 21 BILL AS INTRODUCED H.230
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226226 the Superior Court, to compel reasonable mitigation and recover economic 1
227227 benefits for commercial collection and trade violations under this subsection. 2
228228 (i) Applicants shall pay a permit fee of $100.00. 3
229229 (f)(j)(1) The Commissioner shall not issue a permit under this section for 4
230230 the importation or possession of the following live species, a hybrid or genetic 5
231231 variant of the following species, offspring of the following species, or 6
232232 offspring or a hybrid of a genetically engineered variant of the following 7
233233 species: feral swine, including wild boar, wild hog, wild swine, feral pig, feral 8
234234 hog, old world swine, razorback, Eurasian wild boar, or Russian wild boar (Sus 9
235235 scrofo Linnaeus). A feral swine is: 10
236236 * * * 11
237237 Sec. 8. 10 V.S.A. § 5403(a) is amended to read: 12
238238 (a) Except as authorized under this chapter, a person shall not: 13
239239 (1) take, possess, or transport wildlife or wild plants that are members of 14
240240 a threatened or endangered species; or 15
241241 (2) destroy or adversely impact critical habitat; 16
242242 (3) sell or offer for sale in intrastate commerce a threatened or 17
243243 endangered species; 18
244244 (4) deliver, receive, carry, transport, or ship a threatened or endangered 19
245245 species in intrastate commerce; or 20 BILL AS INTRODUCED H.230
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250250 (5) import a threatened or endangered species into or export a threatened 1
251251 or endangered species from Vermont. 2
252252 Sec. 9. 10 V.S.A. § 5408 is amended to read: 3
253253 § 5408. AUTHORIZED TAKINGS; INCIDENTAL TAKINGS; 4
254254 DESTRUCTION OF CRITICAL HABITAT 5
255255 (a) Authorized taking. Notwithstanding any provision of this chapter, after 6
256256 obtaining the advice of the Endangered Species Committee, the Secretary may 7
257257 permit, under such terms and conditions as the Secretary may require as 8
258258 necessary to carry out the purposes of this chapter, the taking of a threatened or 9
259259 endangered species, the destruction of or adverse impact on critical habitat, or 10
260260 any act otherwise prohibited by this chapter if done for any of the following 11
261261 purposes: 12
262262 (1) scientific purposes; 13
263263 (2) to enhance the propagation or survival of a threatened or endangered 14
264264 species; 15
265265 (3) zoological exhibition; 16
266266 (4) educational purposes; 17
267267 (5) noncommercial cultural or ceremonial purposes; or 18
268268 (6) special purposes consistent with the purposes of the federal 19
269269 Endangered Species Act. 20 BILL AS INTRODUCED H.230
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274274 (b) Incidental taking. After obtaining the advice of the Endangered Species 1
275275 Committee, the Secretary may permit, under such terms and conditions as 2
276276 necessary to carry out the purposes of this chapter, the incidental taking of a 3
277277 threatened or endangered species or the destruction of or adverse impact on 4
278278 critical habitat if: 5
279279 (1) the taking is necessary to conduct an otherwise lawful activity; 6
280280 (2) the taking is attendant or secondary to, and not the purpose of, the 7
281281 lawful activity; 8
282282 (3) the impact of the permitted incidental take is minimized; and 9
283283 (4) the incidental taking will not impair the conservation or recovery of 10
284284 any endangered species or threatened species. 11
285285 * * * 12
286286 (k) Public notice. Prior Except for threatened and endangered species 13
287287 listed by the Secretary in accordance with subsection 5410(b) of this title, to 14
288288 issuing a permit for an incidental taking and prior to the initial issuance or 15
289289 amendment of a general permit under this section, the Secretary shall provide 16
290290 for public notice of no not fewer than 30 days, opportunity for written 17
291291 comment, and opportunity to request a public informational hearing. The 18
292292 Except for threatened and endangered species listed by the Secretary in 19
293293 accordance with subsection 5410(b) of this title, the Secretary shall post permit 20
294294 applications, permit decisions, and the initial or amended general permits on 21 BILL AS INTRODUCED H.230
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299299 the website of the Agency of Natural Resources. The Except for threatened and 1
300300 endangered species listed by the Secretary in accordance with subsection 2
301301 5410(b) of this title, the Secretary also shall provide notice to interested 3
302302 persons who request notice of permit applications, permit decisions, and 4
303303 proposed general permits or proposed amendments to general permits. 5
304304 (l) General permits. 6
305305 (1) The Secretary may issue general permits for activities that will not 7
306306 affect the continued survival or recovery of a threatened or endangered species. 8
307307 * * * 9
308308 (6) Prior Except for threatened and endangered species listed by the 10
309309 Secretary in accordance with subsection 5410(b) of this title, prior to issuing an 11
310310 initial or amended general permit under this subsection, the Secretary shall: 12
311311 (A) post a draft of the general permit on the Agency website; 13
312312 (B) provide public notice of at least 30 days; and 14
313313 (C) provide for written comments or a public hearing, or both. 15
314314 (7) For applications for coverage under the terms of an issued general 16
315315 permit, the applicant shall provide notice on a form provided by the Secretary. 17
316316 The Except for threatened and endangered species listed by the Secretary in 18
317317 accordance with subsection 5410(b) of this title, the Secretary shall post notice 19
318318 of the application on the Agency website and shall provide an opportunity for 20
319319 written comment, regarding whether the application complies with the terms 21 BILL AS INTRODUCED H.230
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324324 and conditions of the general permit, for ten 10 days following receipt of the 1
325325 application. 2
326326 * * * 3
327327 Sec. 10. 10 V.S.A. § 5410 is amended to read: 4
328328 § 5410. LOCATION CONFIDENTIAL 5
329329 (a) The Secretary shall not disclose information regarding the specific 6
330330 location of threatened or endangered species sites or habitats except that the 7
331331 Secretary shall disclose information regarding the location of the threatened or 8
332332 endangered species to: 9
333333 (1) to the owner of land upon which the species is located; 10
334334 (2) to a potential buyer of land upon which the species is located who 11
335335 has a bona fide contract to buy the land and applies to the Secretary for 12
336336 disclosure of threatened or endangered species information; or 13
337337 (3) to qualified individuals or organizations, public agencies, and 14
338338 nonprofit organizations for scientific research or for preservation and planning 15
339339 purposes when the Secretary determines that the preservation of the species is 16
340340 not further endangered by the disclosure; or 17
341341 (4) during regulatory processes with the exception of threatened or 18
342342 endangered species listed under subsection (b) of this section. 19
343343 (b) The Secretary shall maintain a subset list of threatened and endangered 20
344344 species whose specific names shall not be included in regulatory planning. 21 BILL AS INTRODUCED H.230
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349349 The subset list shall include threatened or endangered species for which the 1
350350 species names and locations shall not be disclosed because of the risk that the 2
351351 species will be significantly harmed by unauthorized take, such as illegal 3
352352 collection, commercial trade, human-caused mortality, or destruction of 4
353353 habitat. The list shall be based on the rarity of the species, known collection, 5
354354 and commercial trade activities in Vermont and other states or countries, 6
355355 incidents of human-caused mortality or destruction of habitat, and other factors 7
356356 that present a threat to the continued existence of the species. 8
357357 (c) When the Secretary issues a permit under this chapter to take a 9
358358 threatened or endangered species or destroy or adversely impact critical habitat 10
359359 and when the Secretary designates critical habitat by rule under section 5402a 11
360360 of this title, the Secretary shall disclose only the municipality and general 12
361361 location where the threatened or endangered species or designated critical 13
362362 habitat is located. When the Secretary designates critical habitat under section 14
363363 5402a of this title, the Secretary shall notify the municipality in which the 15
364364 critical habitat is located and shall disclose the general location of the 16
365365 designated critical habitat. 17
366366 Sec. 11. 10 V.S.A. § 4829 is amended to read: 18
367367 § 4829. PERSON SUFFERING DAMAGE BY DEER OR BLACK BEAR 19
368368 (a) A person engaged in the business of farming who suffers damage by 20
369369 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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374374 against the hunting of deer, or a person engaged in the business of farming who 1
375375 suffers damage by black bear to the person’s cattle, sheep, swine, poultry, or 2
376376 bees or bee hives on land not posted against hunting or trapping of black bear 3
377377 is entitled to reimbursement for the damage up to an amount not to exceed 4
378378 $5,000.00 per year, and may apply to the Department of Fish and Wildlife 5
379379 within 72 hours of the occurrence of the damage for reimbursement for the 6
380380 damage. As used in this section, “post” means any signage that would lead a 7
381381 reasonable person to believe that hunting is prohibited on the land. 8
382382 (b) As used in this section, a person is “engaged in the business of farming” 9
383383 if he or she earns at least one-half of the farmer’s annual gross income from the 10
384384 business of farming, as that term is defined in the Internal Revenue Code, 26 11
385385 C.F.R. § 1.175-3. [Repealed.] 12
386386 Sec. 12. EFFECTIVE DATE 13
387387 This act shall take effect on July 1, 2025. 14