Bill Summary – FastDemocracy

AS PASSED BY SENATE                                                      S.258
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                                      S.258
    An act relating to the management of fish and wildlife
 It is hereby enacted by the General Assembly of the State of Vermont:
                * * * Fish and Wildlife Board; Governance * * *
 Sec. 1. 10 V.S.A. § 4041 is amended to read:
 § 4041. DEPARTMENT OF FISH AND WILDLIFE; FISH AND WILDLIFE
         BOARD; MEMBERS, TERM, CHAIR
    (a) There is hereby established a Department of Fish and Wildlife that shall
 be administered by the Commissioner.
    (b)(1) There is hereby established a Fish and Wildlife Board. The purpose
 of the Board shall be to serve in an advisory capacity to the Department of Fish
 and Wildlife in the establishment of Department rules and any policies therein
 regarding the regulation and conservation of fish and wild game and the taking
 thereof, except as otherwise specifically provided by law.
       (2) The Board shall consist of 14 16 members, one from each county of
 the 14 counties in the State, appointed by the Governor with the advice and
 consent of the Senate and two at large members, one appointed by the Speaker
 of the House, and one appointed by the Committee on Committees. The
 members of the Board shall be appointed for a term of six years, or the
 unexpired portion thereof, and during their terms the 14 members appointed by
 the Governor by county shall reside in the county from which they are VT LEG #375798 v.1
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 appointed. In the event a member resigns or no longer resides in the county
 from which he or she the member was appointed, the Governor authority that
 appointed the member shall appoint a new member from that county for the
 unexpired portion of the term. Appointments shall be made in such a manner
 that either two or three terms shall expire each year. A member serving a full
 six-year term shall not be eligible for reappointment shall be eligible to serve a
 maximum of two full six-year terms. The Governor Board shall biennially
 designate elect a chair.
       (3) In order to be appointed to the Board, a person shall apply in writing
 to the appointing authority.
       (4) The appointing authority shall give due consideration to appointing
 persons who:
          (A) have a history of involvement with and dedication to fish and
 wildlife, including a knowledge of fish and wildlife biology, ecology, and the
 ethics of fish and wildlife management;
          (B) provide balanced viewpoints; and
          (C) recognize the challenges to wildlife and habitat caused by climate
 change, including an unprecedented loss of biodiversity, and prioritize the
 value of science in the work to conserve, protect, and restore natural
 ecosystems.
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    (c) Upon appointment, each Board member shall receive training from the
 Department on wildlife management and hunting ethics, such as the North
 American Model of Wildlife Conservation; wildlife biology; coexistence with
 wildlife; the reduction of conflict between humans and wildlife; and the
 impacts of climate change on fish and wildlife.
    (d) Upon the filing of a proposed rule regarding the regulation and
 conservation of fish and wild game and the taking thereof with the Secretary of
 State pursuant to 3 V.S.A. § 838, the Department shall submit the proposed
 rule to the Board for its review. After a public hearing and an opportunity for
 the public to submit written comments, the Board shall consider whether a
 proposed rule is designed to maintain the best health, population, viewing
 opportunities, and utilization levels of the regulated species and of other
 necessary or desirable species that are ecologically related to the regulated
 species and whether the rules are adequately supported by investigation and
 research conducted by the Department. If the Board, by majority vote,
 determines that a proposed rule should be revised, it shall submit a written
 report to the Department setting forth its recommended revisions, and the
 reasons therefore, within 60 days following its receipt of a proposed rule. The
 Board shall include with its report the public comments it received. The
 Department shall consider fully any recommendations by the Board. If the
 Board’s recommendations are not included in the rule, the Department shall VT LEG #375798 v.1
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 issue a written explanation of why it did not include the Board’s
 recommendations in the rule. The Board’s written report and the Department’s
 response thereto shall be included with the materials submitted to the
 Legislative Committee on Administrative Rules under 3 V.S.A. § 841.
 Sec. 2. 10 V.S.A. § 4081 is amended to read:
 § 4081. POLICY
    (a)(1) 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.
       (2) The Commissioner of Fish and Wildlife shall manage and regulate
 the fish and wildlife of Vermont in accordance with the requirements of this
 part and the rules of the Fish and Wildlife Board, including the Department of
 Fish and Wildlife rules on Non-game Management as set forth in Code of
 Vermont Rules 12-010-028. The protection, propagation control,
 management, and conservation of fish, wildlife, and fur-bearing animals in this
 State are in the interest of the public welfare. It is in the public welfare to
 protect, manage, and conserve the fish and wildlife of the State and the habitats
 in which they reside. The State, through the Commissioner of Fish and VT LEG #375798 v.1
     AS PASSED BY SENATE                                                          S.258
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 Wildlife, shall safeguard the fish, and wildlife, and fur-bearing animals of the
 State for the people of the State, and the State shall fulfill this duty with a
 constant and continual vigilance.
    (b) Notwithstanding the provisions of 3 V.S.A. § 2803, the Fish and
 Wildlife Board shall be the State agency charged with carrying out the
 purposes of this subchapter.
    (c) An abundant, A healthy deer herd is a primary goal one of the most
 important goals of fish and wildlife management. The use of a limited unit
 open season on antlerless deer shall be implemented only after a scientific
 game management study by the Department of Fish and Wildlife supports such
 a season.
    (d)(c) Annually, the Department shall update a scientific management
 study of the State deer herd. The study shall consider data provided by
 Department biologists and citizen testimony taken under subsection (f)(e) of
 this section.
    (e)(d) Based on the results of the updated management study and citizen
 testimony, the Board Department shall decide whether an antlerless deer
 hunting season is necessary and, if so, how many permits are to be issued. If
 the Board Department determines that an antlerless season is necessary, it shall
 adopt a rule creating one and the Department shall then administer an
 antlerless program.
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     AS PASSED BY SENATE                                                         S.258
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    (f)(e) Annually, the Department shall hold regional public hearings to
 receive testimony and data from concerned citizens about their knowledge and
 concerns about the deer herd. The Board Department shall identify the regions
 by rule.
    (g)(f) If the Board Department finds that an antlerless season is necessary
 to maintain the health and size of the herd, the Department shall administer an
 antlerless deer program. Annually, the Board Department shall determine how
 many antlerless permits to issue in each wildlife management unit. For a
 nonrefundable fee of $10.00 for residents and $25.00 for nonresidents, a
 person may apply for a permit. Each person may submit only one application
 for a permit. The Department shall allocate the permits in the following
 manner:
       (1) A Vermont landowner, as defined in section 4253 of this title, who
 owns 25 or more contiguous acres and who applies shall receive a permit for
 antlerless hunting in the management unit on which the land is located before
 any are given to people eligible under subdivision (2) of this subsection. If the
 land is owned by more than one individual, corporation, or other entity, only
 one permit shall be issued. Landowners applying for antlerless permits under
 this subdivision shall not, at the time of application or thereafter during the
 regular hunting season, post their lands except under the provisions of section
 4710 of this title. As used in this section, “post” means any signage that would VT LEG #375798 v.1
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 lead a reasonable person to believe that hunting is restricted on the land. If the
 number of landowners who apply exceeds the number of permits for that
 district, the Department shall award all permits in that district to landowners by
 lottery.
       (2) Permits remaining after allocation pursuant to subdivision (1) of this
 subsection shall be issued by lottery.
       (3) Any permits remaining after permits have been allocated pursuant to
 subdivisions (1) and (2) of this subsection shall be issued by the Department
 for a $10.00 fee for residents. Ten percent of the remaining permits may be
 issued to nonresident applicants for a $25.00 fee.
 Sec. 3. 10 V.S.A. § 4082 is amended to read:
 § 4082. VERMONT FISH AND WILDLIFE REGULATIONS
    (a) The Board Department may adopt rules, under 3 V.S.A. chapter 25, to
 be known as the “Vermont Fish and Wildlife Regulations” for the regulation of
 fish and wild game and the taking thereof except as otherwise specifically
 provided by law. The rules shall be designed to maintain the best health,
 population, and utilization levels of the regulated species and of other
 necessary or desirable species that are ecologically related to the regulated
 species. The rules shall be supported by investigation and research conducted
 by the Department on behalf of the Board the best science available through
 Department and peer reviewed research.
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     AS PASSED BY SENATE                                                       S.258
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    (b)(1) Except as provided for under subdivision (2) of this subsection, the
 Board Department annually may adopt rules relating to the management of
 migratory game birds, and shall follow the procedures for rulemaking
 contained in 3 V.S.A. chapter 25. For each such rule, the Board Department
 shall conduct a hearing but, when necessary, may schedule the hearing for a
 day before the terms of the rule are expected to be determined.
       (2) Beginning with the 2015 hunting season, the Board Department may
 set by procedure the daily bag and possession limits of migratory game birds
 that may be harvested in each Waterfowl Hunting Zone annually without
 following the procedures for rulemaking contained in 3 V.S.A. chapter 25.
 The annual daily bag and possession limits of migratory game birds shall be
 consistent with federal requirements. Prior to setting the migratory game bird
 daily bag and possession limits, the Board Department shall provide a period
 of not less than 30 days of public notice and shall conduct at least two public
 informational hearings. The final migratory game bird daily bag and
 possession limits shall be enforceable by the Department under its enforcement
 authority in part 4 of this title.
    (c) The Board Department may set by procedure the annual number of
 antlerless deer that can be harvested in each Wildlife Management Unit and the
 annual number of moose that can be harvested in each Wildlife Management
 Unit without following the procedures for rulemaking contained in 3 V.S.A.
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     AS PASSED BY SENATE                                                        S.258
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 chapter 25. The annual numbers of antlerless deer and moose that can be
 harvested shall be supported by investigation and research conducted by the
 Department on behalf of the Board. Prior to setting the antlerless deer and
 moose permit numbers, the Board Department shall provide a period of not
 less than 30 days of public notice and shall conduct at least three public
 informational hearings. The public informational hearings may be conducted
 simultaneously with the regional antlerless deer meetings required by
 10 V.S.A. App. § 2b. The final annual antlerless deer and moose harvest
 permit numbers shall be enforceable by the Department under its enforcement
 authority in part 4 of this title. The final annual antlerless deer and moose
 harvest permit numbers shall be reported to the House Committee on
 Environment and Energy and the Senate Committee on Natural Resources and
 Energy as part of the annual deer report required under section 4084 of this
 title. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall
 not apply to the report to be made under this subsection.
 Sec. 4. 10 V.S.A. § 4048(d) is amended to read:
    (d) The Commissioner of Fish and Wildlife, according to the provisions of
 3 V.S.A. chapter 25 and after consultation with the Endangered Species
 Committee, shall adopt a rule establishing a plan for nongame wildlife. The
 rule may be amended from time to time, and shall be reviewed, after public
 hearings, at least every five years. The plan shall contain:
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       (1) strategies to manage, inventory, preserve, protect, perpetuate, and
 enhance all nongame wildlife in the State, including identification of wildlife
 species in need of protection and information on their population distributions,
 habitat requirements, limiting factors, and other pertinent biological and
 ecological data on nongame wildlife species in need of protection;
       (2) estimates of resources available for these strategies; and
       (3) plans for research and education in nongame wildlife.
 Sec. 5. 10 V.S.A. § 4601 is amended to read:
 § 4601. TAKING FISH; POSSESSION
    A person shall not take fish, except in accordance with this part and
 regulations of the Board Department, or possess a fish taken in violation of this
 part or regulations of the Board Department.
 Sec. 6. 3 V.S.A. § 2803 is amended to read:
 § 2803. ADVISORY CAPACITY
    (a) All boards, committees, councils, activities, and departments which that
 under this chapter are a part of the Agency shall be advisory only, except as
 hereinafter provided, and the powers and duties of such boards, committees,
 councils, activities, and departments, including administrative, policy making,
 rulemaking, and regulatory functions, shall vest in and be exercised by the
 Secretary of the Agency.
    (b) Notwithstanding subsection (a) of this section or any other provision of
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 this chapter, the Fish and Wildlife Board and the Natural Resources Board
 shall retain and exercise all powers and functions given to them it by law
 which that are of regulatory or quasi-judicial nature, including the power to
 adopt, amend, and repeal rules and regulations,; to conduct hearings,; to
 adjudicate controversies,; and to issue and enforce orders, in the manner and to
 the extent to which those powers are given to those respective boards the
 Board by law.
 Sec. 7. CONFORMING REVISIONS
    When preparing the Vermont Statutes Annotated for publication, the Office
 of Legislative Counsel shall make the following revisions throughout the
 statutes as needed for consistency with Secs. 1–6 of thi