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1 H.323
2 Introduced by Representative Satcowitz of Randolph
3 Referred to Committee on
4 Date:
5 Subject: Fish and wildlife; hunting; hunting with dogs
6 Statement of purpose of bill as introduced: This bill proposes to prohibit the
7 hunting of bears or coyote with the aid of dogs.
8 An act relating to prohibiting the hunting of bear or coyote with dogs
9 It is hereby enacted by the General Assembly of the State of Vermont:
10 Sec. 1. 10 V.S.A. § 5007 is amended to read:
11 § 5007. HUNTING BLACK BEAR WITH DOGS; PROHIBITION
12 (a) No person shall pursue black bear with the aid of dogs, either for
13 training or taking purposes, without a permit issued by the Commissioner. The
14 number of permits issued to nonresidents in any given year shall not exceed 10
15 percent of the number of permits issued to residents in the preceding year. The
16 Commissioner shall establish a process for determining which nonresidents are
17 to receive a permit if there are more nonresident applicants than nonresident
18 permits. A nonresident may train dogs to hunt bear only while training season
19 is in effect in the nonresident’s home state and subject to the laws and
20 regulations of this State.
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1 (b) Permits will be issued to residents for a fee of $50.00.
2 (c) Application fees for nonresidents shall be $10.00 with a permit fee of
3 $200.00 for successful applicants.
4 Sec. 2. 2022 Acts and Resolves No. 165, Sec. 1 is amended to read:
5 Sec. 1. 10 V.S.A. §§ 5008 and 5009 are added to read:
6 § 5008. HUNTING COYOTE WITH AID OF DOGS; PERMIT
7 (a) No person shall pursue coyote with the aid of dogs, either for training or
8 taking purposes, without a permit issued by the Commissioner.
9 (1) The Commissioner may deny any permit at the Commissioner’s
10 discretion. The Commissioner shall not issue more than 100 permits annually.
11 (2) The number of permits that the Commissioner issues to nonresidents
12 in any given year shall not exceed 10 percent of the number of permits issued
13 to residents in the preceding year. The Commissioner shall establish a process
14 and standards for determining which nonresidents are to receive a permit,
15 including who will receive a permit if there are more nonresident applicants
16 than nonresident permits.
17 (3) A nonresident may train dogs to pursue coyote only while the
18 training season is in effect in the nonresident’s home state and subject to the
19 requirements of this part and rules adopted under this part.
20 (b)(1) The Commissioner shall issue permits under this section to a resident
21 for a fee of $50.00.
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1 (2) The application fee for a nonresident permit issued under this section
2 shall be $10.00, and the fee for a nonresident permit issued under this section
3 shall be $200.00 for a successful applicant.
4 § 5009. PURSUING COYOTE WITH AID OF DOGS; LANDOWNER
5 PERMISSION
6 (a) A person shall not release a dog onto land posted in accordance with
7 section 5201 of this title for the purpose of pursuing coyote with the aid of
8 dogs unless the dog owner or handler of the hunting dog has obtained a
9 courtesy permission card from the landowner or landowner’s agent allowing
10 the pursuit of coyote with the aid of dogs on the land.
11 (b) A person shall not release onto land a dog for the purpose of pursuing
12 coyote with the aid of dogs if in the previous 365 days a dog had been
13 previously found on the land, and the dog owner, a handler of the dog, or a
14 person participating in the hunt has been personally informed by law
15 enforcement that hunting dogs are not permitted on the property.
16 (c)(1) For a first offense, a person who violates this section shall have
17 committed a minor fish and wildlife violation and shall be assessed a five-point
18 violation under subdivision 4502(b)(1) of this title.
19 (2) For a second or subsequent violation of this section, a person shall
20 be assessed a 10-point violation under subdivision 4502(b)(2) of this title and
21 shall be fined under section 4515 of this title. [Repealed.]
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1 Sec. 3. REPEAL; COYOTE MORATORIUM; FISH AND WILDLIFE
2 BOARD RULES ON PURSUING COYOTE WITH DOGS
3 2022 Acts and Resolves No. 165, Secs. 2 and 3 (moratorium on hunting
4 coyote with dogs; Fish and Wildlife Board rules on pursuing coyote with dogs)
5 are repealed.
6 Sec. 4. 2022 Acts and Resolves No. 165, Sec. 11(c) is amended to read:
7 (c) Sec. 1 (permit requirement and prohibition on pursuing coyote with aid
8 of dogs) shall take effect on the effective date of the Fish and Wildlife Board
9 rules required under Sec. 3 of this act July 1, 2023.
10 Sec. 5. 10 V.S.A. § 5001(a) is amended to read:
11 (a) While accompanying the dog, a person may train a hunting dog to hunt
12 and pursue:
13 (1) bear during the period from June 1 to September 15 and then only
14 from sunrise to sunset; [Repealed.]
15 (2) rabbits and game birds during the period from June 1 to the last
16 Saturday in September and then only from sunrise to sunset;
17 (3) raccoon during the period from June 1 through any time of day or
18 night on the day before the opening day of raccoon hunting season; and
19 (4) bobcat and fox during the period June 1 to March 15, except during
20 regular deer season as prescribed in section 4741 of this title.
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1 Sec. 6. 10 V.S.A. § 4502(b) is amended to read:
2 (b) A person violating provisions of this part shall receive points for
3 convictions in accordance with the following schedule (all sections are in this
4 title of the Vermont Statutes Annotated):
5 (1) Except for biological collection violations determined to be nonpoint
6 violations under the rules of the Board, five points shall be assessed for any
7 violation of statutes or rules adopted under this part except those listed in
8 subdivisions (2) and (3) of this subsection.
9 (2) Ten points shall be assessed for:
10 ***
11 (RR) Appendix § 7, section 6.3(b). Hunting bear with any dog not
12 listed on the permit [Repealed.]
13 ***
14 (3) Twenty points shall be assessed for:
15 ***
16 (O) Appendix § 7, sections 4.2, 5.1, 5.2, 5.3, 6.1, 6.2, 6.3(d), 6.3(e),
17 6.4, 6.5(c), and 6.5(d), 7.1, and 7.2. Bear, unauthorized taking
18 ***
19 Sec. 7. 10 V.S.A. § 4747 is amended to read:
20 § 4747. BIG GAME TAKEN BY ILLEGAL MEANS
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1 A person shall not take or possess big game by the aid of a snare, trap, salt
2 lick, jack, or other light or use these devices to entrap or ensnare big game. A
3 person shall not use a dog of any breed or sex at any time for the purpose of
4 hunting any big game except black bear and wild turkey as provided in fish
5 and wildlife rules, nor shall he or she a person harbor or have in his or her the
6 person’s possession a dog for this purpose. A person other than the owner or a
7 person designated by the owner shall not take a confined fallow deer or a
8 confined red deer.
9 Sec. 8. 10 V.S.A. App. § 7 is amended to read:
10 § 7. Bear Management Rule
11 1.0 Authority.
12 1.1 This rule is adopted pursuant to 10 V.S.A. § 4081(a). In adopting
13 this rule, the Fish and Wildlife Board is following the policy established by the
14 General Assembly that the protection, propagation, control, management, and
15 conservation of fish, wildlife and furbearing animals in this State is in the
16 interest of the public welfare and that the safeguarding of this valuable
17 resource for the people of the State requires a constant and continual vigilance.
18 1.2 In accordance with 10 V.S.A. § 4082, this rule is designed to
19 maintain the best health, population and utilization levels of the black bear
20 population.
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1 1.3 In accordance with 10 V.S.A. § 4084, this rule establishes season
2 and possession limits for black bear, and prescribes the manner and means of
3 taking black bears.
4 ***
5 3.0 Definitions:
6 3.1 “Accompany” for the purposes of hunting bear with dogs means
7 that:
8 (a) A Sub-permittee engaged in the control, handling, transporting or
9 intercepting of Department registered dogs while hunting with dogs, shall be
10 under the express direction of the permit holder, and
11 (b) A Sub-permittee who harvests a black bear shall be under the
12 direct control and supervision of the bear dog permit holder, including the
13 ability to see and communicate with each other without the aid of artificial
14 devices such as radios or binoculars, except for medically necessary devices
15 such as hearing aids or eyeglasses. [Repealed.]
16 ***
17 3.4 “Bear Dog Permit” or “Permit” means a permit issued by the
18 Commissioner to a person who wishes to hunt, pursue or take black bear with
19 the aid of dogs. [Repealed.]
20 ***
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1 3.6 “Control of Dog/Dogs” means the transportation, loading or
2 unloading of dogs from vehicle(s); the handling, catching, restraining or
3 releasing dogs; and the use of telemetry/GPS to locate or track dogs.
4 [Repealed.]
5 ***
6 3.8 “Department Registered Dog” means a dog bearing a numbered
7 identification dog-tag (Department Registration Dog-Tag) approved or issued
8 by the Vermont Fish and Wildlife Department, with the permit holder’s bear
9 dog permit number and a number one through six. [Repealed.]
10 3.9 “Hunting with Dogs” for the purposes of this rule means that one or
11 more dog(s) with Department Registered Dog-Tags are on the ground whether
12 in pursuit of a black bear or not. [Repealed.]
13 3.10 “Legal means” or “Legal method” means the taking of a black bear
14 by muzzleloader, rifle, handgun, archery equipment, or crossbow.
15 3.11 “Pack of Dogs” means one to six dogs, acting as a unit during the
16 pursuit of black bear. [Repealed.]
17 3.12 “Sub-Permittee” means any person with a valid Vermont hunting
18 license designated by the bear dog permit holder to assist or take a bear with
19 the aid of dogs, in accordance with written authorization issued by the
20 Department. [Repealed.]
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1 3.13 “Relaying Dogs/Packs” means the removal and replacement of one
2 or more dog or dogs to the trail of a bear to the original pack of dogs once the
3 pursuit has begun. If the hunting or pursuit of a black bear commences with
4 fewer than six dogs in the original Pack of Dogs, the addition of a dog or dogs
5 shall not be considered relaying, provided that no more than the same six dogs
6 are part of a single Pack of Dogs during the hunting, pursuing or taking of a
7 black bear. [Repealed.]
8 3.14 “Bear Tag” means a document issued by the Department
9 authorizing the taking of a black bear in the current season.
10 3.15 “Unregistered Dog” means a dog that does not have a valid
11 numbered dog license as described in 3.8. [Repealed.]
12 4.0 Seasons and Shooting Hours.
13 4.1 Early and Late Season
14 (a) Early Season: For Vermont Residents: September 1 through the
15 day before the first day of the Regular Deer Season.
16 For Non-Vermont Residents without the use of dogs: September 1
17 through the day before the first day of the Regular Deer Season.
18 For Non-resident Bear Dog Permit Holders: The early black bear
19 season shall be open to Non-Resident bear dog permit holders on September
20 15 and not before.
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1 (b) Late Season: For Vermont Residents and Nonresidents: The first
2 day of the Regular Deer Season through the second Sunday of the Regular
3 Deer Season.
4 ***
5 6.0 The taking of bear with the aid of dogs.
6 6.1 Licenses and Permits Any person hunting, pursuing, harvesting, or
7 in any manner involved in the taking of a black bear with the use of dogs must
8 hold a valid Vermont Big Game Hunting License, use only Department
9 Registered Dogs and have purchased a valid bear tag. In addition, the person
10 hunting, pursuing, harvesting, or in any manner involved in the taking of a
11 black bear with the use of dogs must hold a valid bear dog permit or
12 accompany a bear dog permit holder. The permit shall be carried at all times
13 by the permittee while hunting with dogs or taking black bear and exhibited to
14 a game warden, landowner, or law enforcement officer upon demand.
15 [Repealed.]
16 6.2 Legal Methods.
17 (a) A person shall not take a black bear into his/her actual possession
18 except by killing the bear by legal means or methods.
19 (b) A person taking black bear with the use of a bow and arrow or
20 crossbow shall, upon demand of a game warden or other law enforcement
21 personnel, show proof of having a prior archery license, or of having passed a VT LEG #366891 v.1
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1 bow hunter education course in Vermont, another state or a province of Canada
2 approved by the Commissioner.
3 6.3 Dogs and Packs.
4 (a) A person shall not take black bear with the aid of dogs unless the
5 person is in control of the dog or dogs.
6 (b) No person shall take a black bear with the aid of any Unregistered
7 Dog. No person shall have an Unregistered Dog in his or her possession while
8 hunting, pursuing or taking a black bear.
9 (c) A person hunting with dogs, pursuing, and taking black bear with
10 the aid of dogs shall attach a Department Registration Dog-Tag and a metal
11 identification name plate with the person’s name, address and telephone
12 number to the dog’s collar.
13 (d) A person taking a black bear with the aid of dogs shall only take a
14 black bear with a Pack of Dogs as defined in this rule. No person shall pursue,
15 hunt, or take black bear by Relaying Dogs/Packs.
16 (e) Two or more permit holders may hunt together and combine
17 Department Registered dog(s) to form a Pack of Dogs. The combined bear
18 dog permit holders shall not take black bear with the aid of more than six dogs
19 combined forming a single pack of dogs. Once hunting with dogs commences,
20 dogs not on the hunt shall be restrained in the dog box or inside the vehicle.
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1 The combined bear dog permit holders shall not possess any Unregistered
2 Dogs while hunting, pursuing or taking black bear. [Repealed.]
3 7.0 Prohibitions.
4 7.1 No person shall place bait to attract black bear for the purposes of
5 allowing a bear dog to catch/strike the scent of a black bear. No person take
6 bear by using bait or a baited area.
7 7.2 A person shall not advertise, barter, exchange goods or s