Bill Summary – FastDemocracy

BILL AS INTRODUCED                                                           H.587
                                                                   Page 1 of 6
                                        H.587
 Introduced by Representative Brennan of Colchester
 Referred to Committee on
 Date:
 Subject: Fish and wildlife; enforcement; penalties
 Statement of purpose of bill as introduced: This bill proposes to amend
 multiple provisions relating to the enforcement of fish and wildlife violations.
    An act relating to enforcement of fish and wildlife violations
 It is hereby enacted by the General Assembly of the State of Vermont:
 Sec. 1. 10 V.S.A. § 4518 is amended to read:
 § 4518. BIG GAME VIOLATIONS; THREATENED AND ENDANGERED
          SPECIES; SUSPENSION; VIOLATIONS
    (a) Whoever violates commits a big game violation in violation of a
 provision of this part or orders order or rules of the Board relating to taking,
 possessing, transporting, buying, or selling of big game; relating to threatened
 or endangered species; or relating to the trade in covered animal parts or
 products shall be fined not more than $1,000.00 $2,000.00 nor less than
 $400.00 $500.00 or imprisoned for not more than 60 days, or both. Upon a
 second and all subsequent convictions or any conviction while under license
 suspension related to the requirements of part 4 of this title, the violator shall VT LEG #373188 v.1
     BILL AS INTRODUCED                                                             H.587
                                                                     Page 2 of 6
 be fined not more than $4,000.00 $5,000.00 nor less than $2,000.00 or
 imprisoned for not more than 60 180 days, or both.
    (b) As used in this part, “big game violation” means:
       (1) a violation relating to the taking, possessing, transporting, buying, or
 selling of big game;
       (2) a violation of chapter 123 of this title and the rules related to
 threatened and endangered species;
       (3) a violation of section 4280 of this title relating to criminal
 suspensions;
       (4) a violation of chapter 124 of this title relating to the trade in covered
 animal parts or products;
       (5) interference with hunting, fishing, or trapping in violation of section
 4708 of this title; or
       (6) illegal commercial importation or possession of wild animals in
 violation of section 4709 of this title.
 Sec. 2. 10 V.S.A. § 4552 is amened to read:
 § 4552. JURISDICTION; VENUE
    The Vermont Criminal Division of the Superior Court shall have exclusive
 jurisdiction over fish and wildlife violations, except for violations of section
 4152 of this title and chapters 123 and 124 of this title and the rules adopted
 under the section and chapters. Venue for adjudicating fish and wildlife VT LEG #373188 v.1
     BILL AS INTRODUCED                                                         H.587
                                                                 Page 3 of 6
 violations shall be the unit of the Criminal Division of the Superior Court
 having jurisdiction over the geographical area where the offense is stated to
 have occurred.
 Sec. 3. 10 V.S.A. § 4572 is amended to read:
 § 4572. DEFINITIONS; ENFORCEMENT DISCRETION
    (a) As used in this subchapter, a minor fish and wildlife violation means:
        (1) a violation of 10 V.S.A. § 4145 (violation of access and landing area
 rules);
        (2) a violation of 10 V.S.A. § 4251 (taking wild animals and fish
 without a license);
        (3) a violation of 10 V.S.A. § 4266 (failure to carry a license on person
 or failure to exhibit license);
        (4) a violation of 10 V.S.A. § 4267 (false statements in license
 application; altering license; transferring license to another person; using
 another person’s license; or guiding an unlicensed person);
        (5) a violation of 10 V.S.A. § 4713 (tree or ground stands or blinds); or
        (6) [Repealed.]
        (7) a violation of a biological collection rule adopted by the Board under
 part 4 of this title.
    (b) “Bureau” means the Judicial Bureau as created in 4 V.S.A. § 1102.
                                                                        VT LEG #373188 v.1
     BILL AS INTRODUCED                                                         H.587
                                                                 Page 4 of 6
    (c) Except for big game violations and under revocation offenses, a fish
 and game warden may determine that a fish and wildlife violation shall be
 charged as a minor violation based on factors such as:
       (1) the offender has no prior history of violations;
       (2) the offender was cooperative and forthcoming or reported the
 violation;
       (3) mitigating circumstances;
       (4) the totality of circumstances would lead a reasonable person to
 believe that the offense is minor in nature;
       (5) there is no possibility of forfeiture; or
       (6) there is no need for a criminal warrant to investigate a violation.
 Sec. 4. 10 V.S.A. § 8003(a) is amended to read:
    (a) The Secretary may take action under this chapter to enforce the
 following statutes and rules, permits, assurances, or orders implementing the
 following statutes, and the Board may take such action with respect to
 subdivision (10) of this subsection:
                                        ***
       (31) 10 V.S.A. chapter 124, relating to the trade in covered animal parts
 or products; and
       (32) 10 V.S.A. chapter 164B, relating to collection and management of
 covered household hazardous products; and VT LEG #373188 v.1
     BILL AS INTRODUCED                                                         H.587
                                                                 Page 5 of 6
       (33) 10 V.S.A. § 4152, relating to permits for scientific, educational, and
 noncommercial ceremonial purposes.
 Sec. 5. 10 V.S.A. § 4519 is amended to read;
 § 4519. ASSURANCE OF DISCONTINUANCE
    (a) As an alternative to judicial proceedings, the Commissioner may accept
 an assurance of discontinuance of any violation of this part. An assurance of
 discontinuance may include, but need not be limited to:
       (1) specific actions to be taken;
       (2) abatement or mitigation schedules;
       (3) payment of a civil penalty and the costs of investigation;
       (4) payment of an amount to be held in escrow pending the outcome of
 an action or as restitution to aggrieved persons.
    (b) An assurance of discontinuance shall be in writing and signed by the
 respondent and shall specify the statute or regulation alleged to have been
 violated. An assurance of discontinuance shall be simultaneously filed with the
 Attorney General and the Civil Division of the Superior Court of the county in
 which the alleged violation occurred or the Civil Division of the Superior
 Court of Washington County. An assurance of discontinuance may, by its
 terms, become an order of the court. Evidence of a violation of an assurance of
 discontinuance shall be prima facie proof of the violation.
                                                                       VT LEG #373188 v.1
    BILL AS INTRODUCED                                                         H.587
                                                                 Page 6 of 6
    (c) Any violation of an assurance of discontinuance shall constitute a
 separate and distinct offense of the underlying statute or rule and shall be
 subject to an administrative penalty under section 4520 of this title, in addition
 to any other applicable penalties. [Repealed.]
 Sec. 6. REPEAL
    10 V.S.A. §§ 4520 (administrative penalties) and 4520a (notice and hearing
 of fish and wildlife violations) are repealed.
 Sec. 7. EFFECTIVE DATE
    This act shall take effect on July 1, 2024.
                                                                       VT LEG #373188 v.1
Statutes affected: 
As Introduced: 10-4518, 10-4572, 10-8003(a), 10-8003, 10-4519