Bill Summary – FastDemocracy

BILL AS INTRODUCED                                                           H.597
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                                        H.597
 Introduced by Representative Brennan of Colchester
 Referred to Committee on
 Date:
 Subject: Fish and wildlife; reptiles; amphibians; bear parts; collection; sale;
            possession
 Statement of purpose of bill as introduced: This bill proposes to authorize the
 Commissioner of Fish and Wildlife to regulate the sale or possession of
 reptiles and amphibians in the State. The bill also would amend provisions
 related to the sale of bear parts.
    An act relating to the collection, sale, and possession of wildlife
 It is hereby enacted by the General Assembly of the State of Vermont:
 Sec. 1. 10 V.S.A. § 4085 is added to read:
 § 4085. REPTILES AND AMPHIBIANS
    The Commissioner may adopt rules related to the protection, conservation,
 and taking of reptiles and amphibians. The rules may:
         (1) prohibit the possession and importation of species that pose a threat
 to species and ecosystems in Vermont and allow the Department to establish a
 list of prohibited or restricted species;
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     BILL AS INTRODUCED                                                           H.597
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       (2) allow for waivers for possession of prohibited species legally
 acquired as a pet prior to the effective date of this section;
       (3) prohibit the taking and collection of specified reptiles and
 amphibians;
       (4) establish open seasons for common species;
       (5) establish daily, season, and possession limits for common species;
       (6) establish territorial limits for any rule under this subchapter;
       (7) prescribe the manner and means of taking any species or variety,
 including reporting and tagging of game;
       (8) establish restrictions on taking based upon sex, maturity, or other
 physical distinction of the species or variety pursued; and
       (9) designate Wildlife Management Units for various species or
 varieties.
 Sec. 2. 10 V.S.A. § 4709 is amended to read:
 § 4709. TRANSPORT, IMPORTATION, POSSESSION, AND STOCKING
          OF WILD ANIMALS; POSSESSION OF WILD BOAR OR FERAL
          SWINE
    (a) A person shall not bring into, transport into, transport within, transport
 through, or possess in the State any live wild bird or animal of any kind,
 including reptiles and amphibians and any manner of feral swine, without
 authorization from the Commissioner or his or her designee. The importation VT LEG #372908 v.1
     BILL AS INTRODUCED                                                         H.597
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 permit may be granted under such regulations therefor as the Commissioner
 shall prescribe and only after the Commissioner has made such investigation
 and inspection of the birds or animals as she or he the Commissioner may
 deem necessary. The Department may dispose of unlawfully possessed or
 imported wildlife as it may judge best, and the State may collect treble
 damages from the violator of this subsection for all expenses incurred.
    (b) No person shall bring into the State from another country, state, or
 province wildlife illegally taken, transported, or possessed contrary to the laws
 governing the country, state, or province from which the wildlife originated.
    (c) No person shall place a Vermont-issued tag on wildlife taken outside
 the State. No person shall report big game in Vermont when the wildlife is
 taken outside the State.
    (d) Nothing in this section shall prohibit the Commissioner or duly
 authorized agents of the Department of Fish and Wildlife from bringing into
 the State for the purpose of planting, introducing, or stocking or from planting,
 introducing, or stocking in the State any wild bird or animal.
    (e) A person shall not take, collect, possess, sell, import, or export any wild
 bird or animal, or parts thereof, dead or alive, for commercial purposes unless
 authorized by the rules of the Board, rules of the Commissioner, or a permit
 from the Commissioner.
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     BILL AS INTRODUCED                                                          H.597
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    (f) A person shall not take, collect, or possess any reptile or amphibian, or
 parts thereof, dead or alive, for personal use unless authorized by the rules of
 the Commissioner or a permit from the Commissioner. Any person who
 violates this section shall be subject to the penalties set forth in section 4518 of
 this title and shall pay mitigation upon request by the Commissioner for
 economic benefits directly to the Department in accordance with section 4047
 of this title. The Commissioner may bring an action in the unit of the Criminal
 Division of the Superior Court having jurisdiction over the geographical area
 where the offense is stated to have occurred to compel reasonable mitigation
 and recover economic benefits for commercial collection and trade violations
 under this subsection.
    (g) Applicants shall pay a permit fee of $100.00.
    (f)(h)(1) The Commissioner shall not issue a permit under this section for
 the importation or possession of the following live species, a hybrid or genetic
 variant of the following species, offspring of the following species, or
 offspring or a hybrid of a genetically engineered variant of the following
 species: feral swine, including wild boar, wild hog, wild swine, feral pig, feral
 hog, old world swine, razorback, Eurasian wild boar, or Russian wild boar (Sus
 scrofo Linnaeus). A feral swine is:
                                        ***
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     BILL AS INTRODUCED                                                        H.597
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 Sec. 3. 10 V.S.A. § 4783 is amended to read:
 § 4783. PURCHASE AND SALE OF BIG GAME
    (a) A person shall not buy or sell big game or the meat of big game within
 the State except during the open season and for 20 days thereafter.
    (b) Notwithstanding subsection (a) of this section, a person may buy or sell
 at any time:
       (1) the head, hide, and hoofs of deer or moose legally taken; or
       (2) the head, or hide, paws, and internal organs of a black bear, legally
 taken.
    (c) Neither anadromous Atlantic salmon taken in the Connecticut River
 Basin nor wild turkey shall be bought or sold at any time. The meat of big
 game animals shall not be bought or sold for the purpose of being transported
 out of the State.
 Sec. 4. EFFECTIVE DATE
    This act shall take effect on July 1, 2024.
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Statutes affected: 
As Introduced: 10-4709, 10-4783