§ 19a — Rule governing the transition of the relevant captive hunt facility to compliance with 10 V.S.A. App. § 19

1.0 Authority.
1.1 This rule is promulgated pursuant to No. 54 of the Acts of the 2011 Sess. (2011) (hereinafter “Act 54”) which requires that “the Fish and Wildlife Board shall adopt by rule a process by which the number of white-tailed deer and moose entrapped within the relevant captive hunt facility is reduced to zero by taking, as that term is defined in 10 V.S.A. § 4001, over a three-year period from September 1, 2011.”
1.2 This rule is promulgated pursuant to 10 V.S.A. §§ 4081, 4082.
1.3 In accordance with 10 V.S.A. § 4081, this rule is following the policy established by the General Assembly that “the protection, propagation control, management and conservation of fish, wildlife and furbearing 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.”
1.4 In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of wild animals.
2.0 Purpose and Policy.
2.1 The purpose of this rule is to: In accordance with Act 54, establish the necessary criteria to implement the transition from the jurisdiction of the relevant captive hunt facility from the Secretary of Agriculture, Food, and Markets to the Commissioner of the Department of Fish and Wildlife.
2.2 In Act 54, the General Assembly found and declared that: “To preserve the health of the wildlife of Vermont, all owners of captive cervidae facilities should be required to remove entrapped white-tailed deer or moose, and such facilities should be required to take the necessary measures to prevent future entrapment of white-tailed deer or moose.”
2.3 This rule is designed to bring the population of entrapped white-tailed deer and moose to zero over the three-year period September 1, 2011 - August 31, 2014.
2.4 This rule is designed to permit the disease surveillance that is consistent with the goals set forth in 10 V.S.A. § 4081 and Act 54 to prevent the introduction or spread of a disease, or parasite, by imported animals that are harmful to humans and wild animals, specifically, but not exclusively, the spread of “Chronic Wasting Disease” (“CWD”), bovine tuberculosis, and rabies.
2.5 In accordance with 10 V.S.A. § 4081, “It is the policy of the State that . . . . As provided by Chapter II, § 67 of the Constitution of the State of Vermont, the fish and wildlife of Vermont are held in trust by the State for the benefit of the citizens of Vermont and shall not be reduced to private ownership. The State of Vermont, in its sovereign capacity as a trustee for the citizens of the State, shall have ownership, jurisdiction, and control of all of the fish and wildlife of Vermont.”
3.0 Definitions.
3.1 “Animals” means all members of the animal kingdom, wild or domestic.
3.2 “Board” means the Vermont Fish and Wildlife Board.
3.3 “Captive animal” has the same meaning as under 10 V.S.A. § 4715(a)(1).
3.4 “Cervid,” “Cervidae,” and “deer” means any member of the Cervidae family.
3.5 “Chronic Wasting Disease” (“CWD”) means a transmissible spongiform encephalopathy (TSE) of cervids.
3.6 “Commissioner” means the Vermont Fish and Wildlife Department Commissioner.
3.7 “Department” means the Vermont Department of Fish and Wildlife.
3.8 “Enclosure” means a structure designed to restrict the free movement of animals and the area within that structure.
3.9 “Herd” means one or more cervids that are under common ownership or supervision permitted under this rule and are grouped on one or more parts of any single premises (lot, farm or ranch), and all cervids under common ownership or supervision on two or more premises which are geographically separated but on which cervids have been commingled or had direct or indirect contact with one another.
3.10 “Herd inventory” means an official list maintained by the facility of all of the animals enclosed within the facility including individual animals’ official or approved identifications.
3.11 “Hunting” means the taking of an animal by use of a firearm, muzzleloader, bow or crossbow or other implement authorized by the General Assembly, or the Vermont Fish and Wildlife Board to pursue or take any live animal.
3.12 “Import” means any act of transporting animals into Vermont from any state or country.
3.13 “Permit” means a written authorization from the Commissioner specifically granting a request to import and/or possess animals for hunting within an authorized facility.
3.14 “Relevant captive cervidae facility” shall mean a captive cervidae facility subject to the requirements of Sec. E.702.1 of No. 156 of the Acts of the 2009 Adj. Sess. (2010).6
3.15 “Take and taking” means pursuing, shooting, hunting, killing, capturing, trapping, snaring and all lesser acts, such as disturbing, harrying or worrying or wounding or placing, setting, drawing or using any net or other device commonly used to take animals, whether they result in the taking or not; and shall include every attempt to take and every act of assistance to every other person in taking or attempting to take fish or wild animals, provided that when taking is allowed by law, such a taking must be by lawful means and in a lawful manner.” 10 V.S.A. § 4001 (23).
4.0 Scope of the Rule.
4.1 On September 1, 2011, the relevant captive cervidae facility shall be regulated as a captive hunt facility under the Fish and Wildlife Board’s rule governing the importation and possession of animals for taking by hunting as set forth in 10 V.S.A. App. § 19.
4.2 This rule does not supersede the requirements of 10 V.S.A. App. § 19.
4.3 Nothing in this rule is intended to modify or abridge the authority of the Commissioner to authorize the taking of white-tailed deer and moose pursuant to 10 V.S.A. Section 4138.
5.0 Record, Reporting and Disease Surveillance7 .
5.1 Records.
(a) Availability: Documentation shall be made available to Department personnel immediately upon request or 24 hours if not practicable.
(b) Content: Information provided in the records shall be kept on forms provided by the Department. Information shall include: where animals originated, travel (sale) history, individual animal identification, certificate of veterinary inspection, carcass and sample identification numbers, sex, species, and age. Information shall also include the name and address of any person taking a white-tailed deer or moose and the identification number of the animal taken.
5.2 Animal Health: Captive animals shall have sufficient food, water, and cover, as well as a variety of topographical areas and vegetation types that are not to become excessively degraded over time due to over-stocking of animals. Animals shall receive humane and proper treatment in accordance with accepted agricultural or veterinarian practices.
5.3 Identification:
(a) Any captive animal within the enclosure shall have a minimum of two official/approved unique identifiers. At least one of these identification systems shall include visible identification and at least one shall include identification as approved by the Commissioner.
(b) Other means of identification are available for approval subject to 10 V.S.A. App. § 19, Section 5.2(b).
6.0 Annual Herd Assessment In order maintain successful surveillance, the Department shall, on September 1 of each year conduct an annual assessment, including:
6.1 Herd Inventory
(a) The number of white-tailed deer and moose taken by the means of hunting by August 31 of that year;
(b) The number of white-tailed deer or moose experiencing mortality by August 31 of that year; and
(c) The total number of white-tailed deer and moose remaining in the relevant captive hunt facility and the herd inventory identification numbers for each animal.
6.2 Inspection of the Facility Inspections may include, but are not limited to, records kept under this rule, perimeter fencing, captive animals, and any structures within the facility. Requests for inspection shall take place during reasonable business hours.
6.3 Removal of Wild Cervids.
(a) Any untagged white-tailed deer or moose shall be considered a wild animal;
(b) All such animals will be removed either by the relevant captive hunt facility owner or the Department at the Department’s discretion.
6.4 Monitoring: Facilities operating under this rule shall allow the Commissioner, or the Commissioner’s designee, to inspect the permitted relevant captive hunt facility and records at any time.
6.5 Testing of Animals: Testing of animals shall be in accordance with the rules of the Secretary of Agriculture, Food and Markets. The head of any white-tailed deer or moose experiencing mortality by any means shall be preserved consistent with CWD testing protocols and notice shall be provided to the Department within 24 hours.
7.0 Open Season and Restrictions.
7.1 There is no closed season for taking of white-tailed deer and moose within the relevant captive hunt facility subject to the following restrictions:
(a) Shooting Hours: 1/2 before sunrise - 1/2 after sunset;
(b) No Fee: No fee, other than for guide services, shall be charged by the relevant captive cervidae facility for the right to take white-tailed deer or moose;
(c) Escape or Release: No person may knowingly or intentionally allow wild cervidae at the relevant captive cervidae facility to escape or to be released from the facility;
(d) Tagging: A person taking a white-tailed deer or moose within the facility shall immediately tag the big game carcass upon taking with a tag provided by the Department. The tag shall be placed on the big game carcass in a location that is open to view. Such tag shall remain on the big game carcass during possession and transportation;
(e) Legal Means: Any white-tailed deer or moose taken by any legal means as prescribed in 10 V.S.A. Appendix § 37;
(f) License: Any person taking an animal within the relevant captive hunt facility shall possess a valid and current Vermont hunting license;
(g) No Limit: There is no possession limit on persons taking white-tailed deer or moose within the facility so long as it is properly tagged under this rule. The annual deer limit contained in 10 V.S.A. App. § 37, and any moose hunting limit contained in 10 V.S.A. App. § 33 shall not apply to white-tailed deer and moose legally taken under this rule.
8.0 Percentages of White-tailed Deer and Moose to be Taken Per Year.
8.1 September 1, 2011 - August 31, 2012
(a) White-Tailed Deer
8.2 September 1, 2012 - August 31, 2013
(a) White-Tailed Deer
8.3 September 1, 2013 - August 31, 2014
(a) 100% of the remaining deer
(b) 100% of the remaining moose8
9.0 Posting.
9.1 Pursuant to Act 54, the owner of the relevant captive cervidae facility may post his or her land according to 10 V.S.A. § 5201 and may restrict access to the facility for hunting.
6 Repealed by Act 54, Section 5.
7 These recording keeping and reporting requirements mirror those found in 10 V.S.A. App. § 19 and are repeated here to meet the requirements of Act 54.
8 Consistent with Act 54, Sec. 5 (c)(2)(B)(i)(I).

Legislative History

(Added 2012, Fish and Wildlife Board Reg., eff. Nov. 23, 2011.)