reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 107 - Suspension of Open Season › § 4404. Report of effect of closed season

§ 4404. Report of effect of closed season
When the fishing or hunting season is wholly or partly closed by such proclamation, the Commissioner shall seasonably report to the Governor upon the effect of such action and the Governor may reopen or extend the season by proclamation for a period not to exceed that for which she or he had closed it. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1991, No. 230 (Adj. Sess.), § 22.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 107 - Suspension of Open Season › § 4405. Publication

§ 4405. Publication
(a) Proclamations made under the provisions of section 4401 or 4402 of this title shall be published in such newspapers of the State and posted in such places and in such manner as the Governor may order. A copy of such publication and order, attested by the Secretary of Civil and Military Affairs, shall be filed with the Secretary of State and a like copy shall be furnished to the Secretary who shall attend to the publication and posting thereof. The expenses of such publication and posting shall be paid by the Secretary and the Commissioner of Finance and Management shall issue his or her warrant therefor.
(b) The certificate of the Secretary that she or he has complied with the order of the Governor in respect to the publication shall be prima facie evidence of the promulgation of such proclamation. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 195 (Adj. Sess.), § 5(b); 1991, No. 230 (Adj. Sess.), § 23.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 107 - Suspension of Open Season › § 4406. Violation of closed season; penalty

§ 4406. Violation of closed season; penalty
During the time which shall be made a closed season as provided in section 4401 or 4402 of this title, the several provisions of law relating to closed seasons shall be in force and a person violating a provision thereof shall be subjected to the penalty provided for taking fish and wild animals in closed season. (Added 1961, No. 119, § 1, eff. May 9, 1961.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 108 - Interstate Wildlife Violator Compact › § 4452. Compact Administrator

§ 4452. Compact Administrator
The Compact Administrator for Vermont shall be the Commissioner of Fish and Wildlife or a designated representative of the Commissioner. The duties of the Compact Administrator shall be deemed a regular part of the duties of the office of the Commissioner of Fish and Wildlife. (Added 2011, No. 108 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 108 - Interstate Wildlife Violator Compact › § 4454. Penalties

§ 4454. Penalties
(a) Notwithstanding section 4502 of this title, the Commissioner may suspend a Vermont hunting, fishing, or trapping license and privileges to obtain such licenses of a person convicted of a wildlife violation in a state party to the Compact, provided that the wildlife violation would have been the basis for suspension of license privileges in Vermont.
(b) No person whose license, privilege, or right to hunt, fish, trap, possess, or transport wildlife, having been suspended or revoked pursuant to this chapter, shall be permitted to obtain a license to hunt, fish, or trap in Vermont.
(c) A person shall be subject to the financial penalties as set forth under section 4518 of this title if he or she:
(1) hunts, fishes, traps, possesses, or transports wildlife in Vermont in violation of a suspension or revocation of a license under chapter 108 of this title; or
(2) purchases or possesses a license to hunt, fish, trap, possess, or transport wildlife in Vermont in violation of a suspension of revocation of a license under chapter 108 of this title.
(d)(1) Prior to suspending a Vermont hunting, fishing, or trapping license of a resident of this State under subsection (a) of this section, the Commissioner shall notify the person in writing. A suspension shall be deemed effective:
(A) when given if notice is made in person; or
(B) three days after the deposit of notice in the U.S. mail, if notice is made in writing.
(2) A person receiving notice under subsection (a) of this section may, within 20 days of the date notice is given, request a hearing before the Commissioner on whether the requirements for suspension or penalty have been met. The requesting person may present evidence and arguments at the hearing only regarding whether:
(A) a participating state suspended the person’s privileges;
(B) there was a conviction in the participating state;
(C) the person failed to comply with the terms of a citation issued for a wildlife violation in a participating state; or
(D) a conviction in a participating state could have led to a license suspension or penalty in Vermont.
(3) At the hearing, the Commissioner or a hearing officer designated by the Commissioner may:
(A) administer oaths;
(B) issue subpoenas for the attendance of witnesses; and
(C) admit all relevant evidence and documents, including notifications from participating states.
(4) Following a hearing under this subsection, the Commissioner or a designated hearing officer may, based on the evidence, affirm, modify, or rescind the suspension of a license.
(5) A decision of the Commissioner or hearing officer under this section shall not be appealable. (Added 2011, No. 108 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 108 - Interstate Wildlife Violator Compact › § 4455. Withdrawal from Compact

§ 4455. Withdrawal from Compact
Withdrawal of Vermont from the Compact, as authorized under Article VIII of the Compact, shall be by an act or resolution of the General Assembly. (Added 2011, No. 108 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4501. Aiding in violations; sharing in proceeds

§ 4501. Aiding in violations; sharing in proceeds
A person who drives, transports, scouts, counsels, or otherwise aids another person in a violation of a provision of this part, or who knowingly possesses, consumes, or otherwise shares in the proceeds of such a violation by receiving or possessing fish or wild animals, or any parts thereof, shall be punished as a principal. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 2015, No. 145 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4503. Unlawful equipment, vehicle, forfeiture

§ 4503. Unlawful equipment, vehicle, forfeiture
A person convicted of violating the provisions of section 4745, 4781, 4783, 4784, 4705(a), 4280, 4747, or 4606 of this title relating to taking big game shall forfeit to the Department of Fish and Wildlife the firearms, jacks, artificial lights, motor vehicle, or any other device used in committing the violation. Forfeiture of a motor vehicle shall not apply to the illegal taking, possessing, or transporting of wild turkey, anadromous Atlantic salmon, section 4606, or to the person’s first conviction of the provisions of section 4745, 4781, 4783, or 4784 under this section. Proceeds from the sale of items or equipment forfeited under this section shall be deposited in the Fish and Wildlife Fund. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 234 (Adj. Sess.), § 1; 1985, No. 92, § 2; 2015, No. 145 (Adj. Sess.), § 6.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4504. Duties of prosecutor and warden

§ 4504. Duties of prosecutor and warden
(a) When firearms, jacks, artificial lights, motor vehicles, and any other devices used in the taking or transportation of big game are seized or taken by a game warden or other officer, with or without a warrant, the officer who makes the seizure shall forthwith give notice to the State’s Attorney of the county.
(b) The State’s Attorney shall attend and act in behalf of the State at the hearing against the devices so seized, and the officer making the seizure without a warrant shall be allowed the same fees as if he or she had acted under a warrant. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 234 (Adj. Sess.), § 2; 1985, No. 92, § 3; 2017, No. 93 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4505. Hearing; forfeiture

§ 4505. Hearing; forfeiture
The game warden or other officer shall retain possession of firearms, jacks, lights, motor vehicles, and devices taken until final disposition of the charge against the owner, possessor, or person using the same in violation of the provisions of section 4745, 4781, 4783, 4784, 4705(a), 4280, 4747, or 4606 of this title, in accordance with the provisions of section 4503 of this title. When the owner, possessor, or person using firearms, jacks, lights, motor vehicles, and devices in violation of the section is convicted of the offense, the court where the conviction is had shall cause the owner, if known, and possessor and all persons having the custody of or exercising any control over the firearms, jacks, lights, motor vehicles, and devices seized, either as principal, clerk, servant, or agent and the respondent to appear and show cause, if any they have, why a forfeiture or condemnation order should not issue. The hearings may be held as a collateral proceeding to the trial of the respondent in the discretion of the court. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1985, No. 92, § 4; 2017, No. 170 (Adj. Sess.), § 6.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4506. Disposal order

§ 4506. Disposal order
If, upon hearing, it appears that such firearm, jack, light, vehicle, and device was used or intended to be used contrary to law, it shall be adjudged forfeited and condemned, and shall be turned over to the game warden or other officer for the benefit of the State as the court shall direct. In the event such device is illegal, such officer shall destroy the same upon order of such court. (Added 1961, No. 119, § 1, eff. May 9, 1961.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4507. Costs of condemnation

§ 4507. Costs of condemnation
Upon condemnation of such firearm, jack, light, vehicle, or device, any and all persons before such court, pursuant to the provisions of sections 4505 and 4506 of this title, shall be liable to pay the costs of the condemnation proceedings, if, in the judgment of such court, any of them by themselves, clerks, servants, or agents, shall have been engaged in, aided in, assisted in, or abetted in the unlawful use of such firearm, jack, light, vehicle, or device in violation of the provisions hereof, or have been privy thereto, or have knowingly permitted the use of the same by them owned or controlled, for such unlawful purposes. (Added 1961, No. 119, § 1, eff. May 9, 1961.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4508. Sale of forfeited equipment

§ 4508. Sale of forfeited equipment
Upon seizure of such firearm, jack, light, vehicle, or device without a warrant, a game warden or other officer shall forthwith make complaint, under oath, subscribed by him or her, to a court or magistrate having jurisdiction of offenses hereunder in whose jurisdiction the same was seized. In the event, under proceedings provided in sections 4503-4507 of this title, such device is ordered forfeited and is a device not illegal in itself, such firearm, jack, light, motor, or other vehicle or device, upon written order of such court shall be sold at public auction for the benefit of the State by the Commissioner. (Added 1961, No. 119, § 1, eff. May 9, 1961.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4509. Proceeds; accounting; liens

§ 4509. Proceeds; accounting; liens
The Commissioner shall make return in writing to the court issuing such order of sale and shall transmit to the court therewith from the proceeds of such sale all costs of condemnation proceedings not taxed against other persons as herein provided. The balance of proceeds remaining shall be credited to the General Fund of the Fish and Wildlife Department and deposited, held, and accounted for in the same manner as provided by law for the miscellaneous receipts by such Department, after paying all liens on such device, according to their validity and priority that are established by intervention or otherwise at the time of forfeiture being adjudged or in other proceedings brought for such purpose as being bona fide and having been created without knowledge by the holders thereof that such device was being or intended to be used contrary to the provisions hereof, such liens to be specified by the court in its order of sale or by order in writing of any other court having jurisdiction over such liens and devices. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 158 (Adj. Sess.), eff. April 13, 1984.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4510. Rights of innocent owner

§ 4510. Rights of innocent owner
Nothing contained in sections 4503-4509 of this title shall prejudice the rights of the bona fide owner of any such device upon affirmative proof by him or her that he or she had no express or implied knowledge that such forfeited property was being or intended to be used for the illegal purposes aforesaid and the owner shall be entitled to a return of the same if he or she appears before adjudication of forfeiture and establishes his or her right to such return in accord with the foregoing. If, upon hearing, the person in charge of such firearm, jack, light, vehicle, or device does not appear to be the owner thereof and no person shall claim the same, further hearing shall be continued to a date certain. The taking of such articles and the date, place, and purpose of adjourned hearing shall be advertised once a week for three consecutive weeks in some newspaper published in the town or county where such device was taken, and, if there is no newspaper published in such town or county where such property was taken, in a newspaper having circulation in such county once a week for three successive weeks. The court before whom such proceeding is held shall be allowed the necessary expense of such advertising by the Commissioner of Finance and Management and order entered by such court at such adjourned hearing. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 195 (Adj. Sess.), § 5(b).)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4511. Reopening forfeiture proceedings; rehearing; jurisdiction of courts

§ 4511. Reopening forfeiture proceedings; rehearing; jurisdiction of courts
(a) At any time within one year after such property shall have been adjudged forfeited, and upon notice to the State’s Attorney of the county, a claimant, upon showing that he or she had no knowledge of the hearing, may apply to the court before whom former proceedings were had to have the cause reopened, provided he or she shall give security by way of recognizance to the State, with sufficient sureties, in such sum as the court directs, conditioned that the claimant will prosecute his or her claim to effect and pay the costs awarded against him or her. If, upon rehearing, such claimant establishes his or her claim, the court shall certify to the Commissioner of Finance and Management the amount of such claim, not exceeding the net amount actually realized by the State from the sale of such firearm, motor or other vehicle, or other device and the Commissioner of Finance and Management shall issue his or her warrant therefor.
(b) [Repealed.] (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974; 1983, No. 195 (Adj. Sess.), § 5(b).)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4512. Appeal

§ 4512. Appeal
Appeals from the orders or judgments of a court or magistrate entered or made pursuant to the provisions of sections 4503-4511 of this title shall be allowed in the same manner and to the same extent as provided in criminal causes. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 12, eff. April 9, 1974.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4513. Unlawful devices for taking fish or wild animals; confiscation; sale

§ 4513. Unlawful devices for taking fish or wild animals; confiscation; sale
Fish, wild animals, and illegal devices for taking fish or wild animals found in the possession of a person in violation of a provision of this part, shall be seized and confiscated in the name of the State and the Commissioner may sell or otherwise dispose of the same as he or she deems for the best interests of the State and for that purpose may order the transportation of the same at any time. (Added 1961, No. 119, § 1, eff. May 9, 1961.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4514. Possession of flesh of game; restitution

§ 4514. Possession of flesh of game; restitution
(a) When legally taken, the flesh of a fish or wild animal may be possessed for food for a reasonable time thereafter and such flesh may be transported and stored in a public cold storage plant. Nothing in this section shall authorize the possession of game birds or carcasses or parts thereof contrary to regulations made pursuant to the Migratory Bird Treaty Act.
(b) Any person convicted of illegally taking, destroying, or possessing wild animals or threatened or endangered species shall, in addition to other penalties provided under this chapter, pay restitution in the following amounts into the Fish and Wildlife Fund for each animal taken, destroyed, or possessed:
(c) A person who damages or destroys a wildlife facsimile owned by the Department of Fish and Wildlife in violation of the requirements of part 4 of this title shall pay restitution for the replacement or repair of the decoy into the Fish and Wildlife Fund. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1989, No. 205 (Adj. Sess.), § 2; 2011, No. 14, § 1, eff. July 1, 2012; 2015, No. 145 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4515. General penalty

§ 4515. General penalty
Whoever violates or attempts to violate a provision of this part or an order or regulation of the Board or of the Commissioner for which no other penalty is provided shall be fined not more than $1,000.00. (Added 1961, No. 119, § 1, May 9, 1961; amended 1985, No. 92, § 11.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4517. Destruction of State property

§ 4517. Destruction of State property
(a) Whoever intentionally or recklessly damages, injures, interferes with, or destroys any property, real or personal, belonging to or controlled by the State for fish, game, or wildlife purposes shall be fined not more than $2,500.00.
(b) A person convicted of intentionally or recklessly damaging, injuring, interfering with, or destroying property belonging to or controlled by the State for fish, game, or wildlife purposes shall, in addition to other penalties provided under this chapter, pay restitution into the Fish and Wildlife Fund to repair or replace the damaged property. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1985, No. 92, § 12; 2015, No. 145 (Adj. Sess.), § 8.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4518. Big game violations; threatened and endangered species; suspension; violations

§ 4518. Big game violations; threatened and endangered species; suspension; violations
Whoever violates a provision of this part or orders 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 nor less than $400.00 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 be fined not more than $4,000.00 nor less than $2,000.00 or imprisoned for not more than 60 days, or both. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1963, No. 6; 1973, No. 4; 1981, No. 80, § 2, eff. Jan. 1, 1982; 1983, No. 234 (Adj. Sess.), § 3; 1985, No. 92, § 5; 1991, No. 13, § 3; 2011, No. 14, § 2, eff. July 1, 2012; 2015, No. 145 (Adj. Sess.), § 9; 2019, No. 169 (Adj. Sess.), § 2, eff. Jan. 1, 2022.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4519. Assurance of discontinuance

§ 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.
(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. (Added 2011, No. 54, § 6.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4520. Administrative penalties

§ 4520. Administrative penalties
(a) In addition to other penalties provided by law, the Commissioner may assess administrative penalties, not to exceed $1,000.00, for each violation of this part.
(b) In determining the amount of the penalty to be assessed under this section, the Commissioner may give consideration to one or more of the following:
(1) the degree of actual and potential impact on fish, game, public safety, or the environment resulting from the violation;
(2) the presence of mitigating or aggravating circumstances;
(3) whether the violator has been warned or found in violation of fish and wildlife law in the past;
(4) the economic benefit gained by the violation;
(5) the deterrent effect of the penalty;
(6) the financial condition of the violator.
(c) Each violation may be a separate and distinct offense and, in the case of a continuing violation, each day’s continuance may be deemed to be a separate and distinct offense. In no event shall the maximum amount of the penalty assessed under this section exceed $25,000.00.
(d) In addition to the administrative penalties authorized by this section, the Commissioner may recover the costs of investigation, which shall be credited to a special fund and shall be available to the Department to offset these costs.
(e) Any party aggrieved by a final decision of the Commissioner under this section may appeal de novo to the Civil Division of the Superior Court of the county in which the violation occurred or the Civil Division of the Superior Court of Washington County within 30 days of the final decision of the Commissioner.
(f) The Commissioner may enforce a final administrative penalty by filing a civil collection action in the Civil Division of the Superior Court of any county.
(g) The Commissioner may, subject to 3 V.S.A. chapter 25, suspend any license or permit issued pursuant to his or her authority under this part for failure to pay a penalty under this section more than 60 days after the penalty was issued. (Added 2011, No. 54, § 6.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4520a. Notice and hearing requirements

§ 4520a. Notice and hearing requirements
(a) The Commissioner shall use the following procedures in assessing the penalty under section 4520 of this title: the Attorney General or an alleged violator shall be given an opportunity for a hearing after reasonable notice; and the notice shall be served by personal service or by certified mail, return receipt requested. The notice shall include:
(1) a statement of the legal authority and jurisdiction under which the hearing is to be held;
(2) a statement of the matter at issue, including reference to the particular statute allegedly violated and a factual description of the alleged violation;
(3) the amount of the proposed administrative penalty; and
(4) a warning that the decision shall become final and the penalty imposed if no hearing is requested within 15 days of receipt of the notice. The notice shall specify the requirements which shall be met in order to avoid being deemed to have waived the right to a hearing or the manner of payment if the person elects to pay the penalty and waive a hearing.
(b) Any person who receives notification pursuant to this section shall be deemed to have waived the right to a hearing unless, within 15 days of the receipt of the notice, the person requests a hearing in writing. If the person waives the right to a hearing, the Commissioner shall issue a final order finding the person in default and imposing the penalty. A copy of the final default order shall be sent to the violator by certified mail, return receipt requested.
(c) When an alleged violator requests a hearing in a timely fashion, the Commissioner shall hold the hearing pursuant to 3 V.S.A. chapter 25. (Added 2011, No. 54, § 6.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4521. Failure to stop

§ 4521. Failure to stop
(a) An operator of a motor vehicle or vessel shall bring the vehicle or vessel to a stop when signaled to do so by a warden or deputy warden wearing a uniform identifying him or her as such or operating a law enforcement vehicle or vessel sounding a siren and displaying a flashing blue or blue and white signal lamp. A person who violates this section shall be fined not more than $500.00.
(b) A person who is traveling on foot who fails to stop when requested to do so by a warden or deputy warden wearing a uniform identifying him or her as a law enforcement officer shall be fined not more than $100.00. (Added 1991, No. 215 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4551. Fish and wildlife violation defined

§ 4551. Fish and wildlife violation defined
A violation of any provision of this part, other than a violation for which a term of imprisonment may be imposed or a minor violation as defined in section 4572 of this title, shall be a fish and wildlife violation. (Added 1977, No. 229 (Adj. Sess.); amended 1995, No. 181 (Adj. Sess.), § 9, eff. Sept. 1, 1996; 2017, No. 170 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4552. Jurisdiction; venue

§ 4552. Jurisdiction; venue
The Vermont Criminal Division of the Superior Court shall have exclusive jurisdiction over fish and wildlife violations. Venue for adjudicating fish and wildlife 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. (Added 1977, No. 229 (Adj. Sess.); amended 2009, No. 154 (Adj. Sess.), § 238.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4553. Information and summons; form

§ 4553. Information and summons; form
(a) In all fish and wildlife violations the information and summons may be in the form known as the “Uniform Fish and Wildlife Information.” The Court Administrator shall prepare the form for the uniform fish and wildlife information. The Court Administrator shall be responsible for printing and issuing all uniform fish and wildlife informations to game wardens and other law enforcement officers and he may require them to keep records and make reports concerning the disposition of each uniform fish and wildlife information issued. A game warden or law enforcement officer may void a uniform fish and wildlife information by so marking the information and returning it to the Court Administrator. A prosecuting attorney may dismiss a uniform fish and wildlife game information.
(b) The uniform fish and wildlife information shall consist of five sheets:
(1) the information and warrant, which shall include spaces for the signatures of the game warden or law enforcement officer, the prosecuting attorney, and judge or clerk;
(2) the abstract of the court record, which shall be forwarded to the Commissioner after conviction;
(3) the police record, which shall be a copy of the information;
(4) the prosecutor’s record, which shall be a copy of the information;
(5) the summons, which shall include a copy of the information, a waiver, and an explanation of rights.
(c) The reverse sides of the sheets shall contain such information as the court administrator considers necessary.
(d) The uniform fish and wildlife information shall contain the following two paragraphs:
(1) Failure to comply with the instructions contained on this information will result in the suspension of your hunting, fishing, and trapping license or your privilege to take wild animals in this State.
(2) If you admit you have committed a violation of a provision of part 4 of this title relating to the conservation of fish and wildlife you will be liable for a fine and, in addition, your license to hunt, fish, or trap or privilege to hunt, fish, or trap is subject to suspension or revocation as provided by law.
(e) The information form may be used in all cases involving violations of this part whether the case is prosecuted on the information as issued by a game warden, law enforcement officer, or by any other person. (Added 1977, No. 229 (Adj. Sess.); amended 1981, No. 85, § 5, eff. May 7, 1981.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4554. Procedure on failure to appear; notice

§ 4554. Procedure on failure to appear; notice
If a defendant fails to appear or answer an information or summons served upon him or her, the court shall immediately report the name of the defendant and other pertinent facts to the Commissioner. The Commissioner shall mail a notice to the defendant at the address stated in the information notifying the defendant that his or her failure to appear has resulted in the suspension or revocation of his or her hunting, fishing, and trapping license and his or her privilege to take wild animals in this State. Nothing in this subchapter shall prevent the court from issuing an arrest warrant or punishing the defendant for contempt. (Added 1977, No. 229 (Adj. Sess.); amended 1981, No. 85, § 6, eff. May 7, 1981.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4555. Answers to uniform fish and wildlife informations

§ 4555. Answers to uniform fish and wildlife informations
(a) A person who is charged with committing a violation of this part may waive appearance and trial with the consent of the prosecuting attorney and plead guilty or nolo contendere by a signed statement. The person shall submit a fine in an amount as established under subsection (b) of this section with the signed statement. The court shall accept the signed statement accompanied by the fine assessed as a plea of guilty or nolo contendere as indicated on the signed statement and shall proceed accordingly.
(b) Three Criminal Division of the Superior Court judges appointed by the Court Administrator shall establish schedules, within the limits prescribed by law, of the amount of fines to be imposed. The fines shall be paid to, receipted by, and accounted for by the clerk in the same manner as other fines. A game warden or law enforcement officer who issues an information shall advise the defendant of the schedule of fines and show him or her a copy of that schedule.
(c) If a defendant fails to answer or appear as directed on the uniform fish and wildlife information or by the Criminal Division of the Superior Court judge or fails to pay the fine after judgment, the Commissioner shall suspend the hunting, fishing, and trapping license or the privilege of the defendant to take wild animals in this State until the defendant answers, appears, or pays the fine. (Added 1977, No. 229 (Adj. Sess.); amended 2009, No. 154 (Adj. Sess.), § 238.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4557. Supreme Court rules

§ 4557. Supreme Court rules
The Supreme Court may make and amend rules consistent with this subchapter governing proceedings under this subchapter. The rules shall be adopted under 12 V.S.A. § 1. (Added 1977, No. 229 (Adj. Sess.).)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4571. Legislative findings; minor fish and wildlife violations defined

§ 4571. Legislative findings; minor fish and wildlife violations defined
The General Assembly recognizes that minor fish and wildlife violations must be dealt with fairly but do not require the full weight of the Criminal Justice System. Minor fish and wildlife violations do not involve terms of imprisonment or substantial monetary penalties and persons who commit minor fish and wildlife violations should not be treated as criminal offenders. The purpose of this subchapter is to treat minor fish and wildlife violations as civil violations, removing them from the criminal courts and removing the label of criminality from those who commit them. (Added 1995, No. 181 (Adj. Sess.), § 10, eff. Sept. 1, 1996.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4572. Definitions

§ 4572. Definitions
(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. (Added 1995, No. 181 (Adj. Sess.), § 10, eff. Sept. 1, 1996; amended 1997, No. 99 (Adj. Sess.), § 5; 1997, No. 121 (Adj. Sess.), § 5; 2009, No. 130 (Adj. Sess.), § 2; 2015, No. 145 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4574. Procedure

§ 4574. Procedure
Minor fish and wildlife violations shall be heard by the Bureau and the procedure shall be as provided in 4 V.S.A. chapter 29. (Added 1995, No. 181 (Adj. Sess.), § 10, eff. Sept. 1, 1996; amended 1997, No. 121 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4575. Suspension for failure to pay

§ 4575. Suspension for failure to pay
In the case of failure to pay a penalty, the Judicial Bureau shall mail a notice to the defendant at the address in the complaint notifying the defendant that failure to pay or otherwise satisfy the penalty within 20 days of the notice will result in suspension of the person’s fish and wildlife license until the penalty is paid or otherwise satisfied. A copy of the notice shall be sent to the Commissioner of Fish and Wildlife, who, after 20 days from the date of notice, shall suspend the person’s fish and wildlife license until the penalty is paid or otherwise satisfied. (Added 1995, No. 181 (Adj. Sess.), § 10, eff. Sept. 1, 1996; amended 1997, No. 121 (Adj. Sess.), § 8.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4576. Violation report; assessment of points

§ 4576. Violation report; assessment of points
The Bureau shall send a report of each finding of a minor fish and wildlife violation to the Commissioner of the Fish and Wildlife Department. Such a finding shall be prima facie evidence of a violation and shall result in assessment of points and suspension or revocation of the person’s license pursuant to section 4502 of this title. (Added 1995, No. 181 (Adj. Sess.), § 10, eff. Sept. 1, 1996.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 109 - Penalties and Enforcement › § 4577. Reports

§ 4577. Reports
The Court Administrator shall prepare audits, records, and reports relating to minor fish and wildlife complaints and violations. The Court Administrator shall also notify the Commissioner of Fish and Wildlife of any violations which are uncontested or admitted or which are determined after hearing to have been committed or in connection with which a default judgment has been entered. The Commissioner of Fish and Wildlife shall file and record information on violations received under this section. (Added 1995, No. 181 (Adj. Sess.), § 10, eff. Sept. 1, 1996.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 111 - Fish › § 4601. Taking fish; possession

§ 4601. Taking fish; possession
A person shall not take fish, except in accordance with this part and regulations of the Board, or possess a fish taken in violation of this part or regulations of the Board. (Added 1961, No. 119, § 1, eff. May 9, 1961.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 111 - Fish › § 4602. Unintentional taking; return to water

§ 4602. Unintentional taking; return to water
When a fish is unintentionally taken contrary to a provision of this part or of regulations of the Board, such fish shall be immediately liberated and returned to the water from whence taken, without unnecessary injury. The person so returning such fish shall not be subject to the penalty for taking same. (Added 1961, No. 119, § 1, eff. May 9, 1961.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 111 - Fish › § 4603. Catch limit; exception

§ 4603. Catch limit; exception
When it is unlawful to take more than a specified number of pounds of any fish in one legal day, the taking of one fish additional by a person having less than the number of pounds specified when taken shall not be regarded as a violation of the provision fixing such limit. (Added 1961, No. 119, § 1, eff. May 9, 1961.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 111 - Fish › § 4604. Ice fishing

§ 4604. Ice fishing
A person who holds a fishing license and a person who is allowed to take fish without such a license shall not take fish through the ice except in accordance with regulations of the Board. (Added 1961, No. 119, § 1, eff. May 9, 1961.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 111 - Fish › § 4605. Placing fish in waters; fish importation permits

§ 4605. Placing fish in waters; fish importation permits
(a) A person shall not introduce or attempt to introduce any fish into any waters except private ponds lacking access to other waters of the State without a permit issued by the Commissioner under this section or rules adopted by the Commissioner under subsection (c) of this section.
(b) A person shall not bring into the State for the purpose of planting or introducing, or to plant or introduce, into any of the inland or outlying waters of the State any live fish or the live spawn thereof, unless, upon application in writing therefor, the person obtains from the Commissioner a permit so to do.
(c) The Commissioner may, by rule:
(1) Require a permit to introduce or attempt to introduce specific fish species into a specific water of the State based on management purposes.
(2) Prohibit the introduction or attempt at introduction of fish to specific waters of the State based on management purposes, ecosystem considerations, or the health and safety of Vermont’s fish population.
(3) Adopt a list of fish that if introduced into Vermont waters, have the potential to cause harm to the fish population of the State. A person shall not possess or bring into the State any fish on the list unless the person has received a permit issued pursuant to this subsection. The Commissioner may issue a permit allowing importation and possession of a fish on the list, provided the fish is to be kept in a controlled situation and used for a public purpose such as research or education.
(d) Applicants shall pay a permit fee of $50.00. The Commissioner or duly authorized agents shall make such investigation and inspection of the fish as they may deem necessary, and then the importation permit may be granted pursuant to regulations that the Board shall prescribe. The Commissioner may waive the permit fee required under this subsection for organizations cooperating or partnering with the Department. The Commissioner or duly authorized agents shall make a determination on the permit within 10 days of receiving the application. The Department may dispose of unlawfully imported fish as it may judge best, and the State may collect damages from the violator of this subsection for all expenses incurred.
(e) Nothing in this section shall prohibit the Board, the Commissioner, or their duly authorized agents from bringing into the State for the purpose of planting, introducing, or stocking, or from planting, introducing, or stocking any fish in the State.
(f) In any permit issued under this section, the Commissioner may include conditions that ensure the health and safety of Vermont’s fish population. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1981, No. 85, § 7; 1997, No. 155 (Adj. Sess.), § 44, eff. Jan. 1, 1999; 2005, No. 42, § 2; 2015, No. 145 (Adj. Sess.), § 3, eff. Jan. 1, 2017.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 111 - Fish › § 4606. Taking fish by unlawful means

§ 4606. Taking fish by unlawful means
(a) A person shall not take fish by means of explosives, or use explosives in any waters, or have the same in his or her possession upon any waters, the shores thereof, or islands therein, except for mining or mechanical purposes.
(b) A person shall not place in any waters lime, creosote, coculus inducus, or other drug or poison destructive to fish.
(c) A person shall not take or kill fish by shutting or drawing off water.
(d) A person, except as otherwise provided, shall not use or have in his or her possession for use or furnish for another’s use, for taking fish, a pound net, trap net, seine, snare, gill net, set net, fyke net, set line, fishing otter, trawl or grapple, or similar device for killing fish or have in his or her possession such device on any waters or the shores thereof or the islands therein. Such devices may be summarily seized and destroyed by a game warden. Nothing in this subsection shall prohibit the taking of fish with, or the possession of, a spear or artificial light or the taking of eels with eel pots in designated areas of Lake Champlain.
(e) In Lake Champlain pickerel, northern pike, carp, garfish, bowfin, mullet, shad, suckers, bullhead, and other cull fish may be taken from March 25 to May 25 by shooting and spearing in other than spawning areas designated under section 4140 of this title. For the purposes of this subsection, Lake Champlain includes all connected waters at the same level.
(f) Except as authorized in chapter 105, subchapter 2 of this title and as utilized by the Department of Fish and Wildlife, electrofishing is prohibited in all waters of the State.
(g) A person shall not use a lead sinker for taking of fish in any State waters. In this section, “sinker” means any device that weighs one-half ounce or less and is attached to a fishing line for the purpose of sinking the line, and does not include other lead fishing-related items such as weighted fly line, lead-core fishing line, downrigger cannon balls, weighted flies, lures, spoons, or jig heads. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1969, No. 110, eff. April 19, 1969; 1979, No. 148 (Adj. Sess.), § 5, eff. April 24, 1980; 1981, No. 214 (Adj. Sess.), §§ 2, 3, eff. April 26, 1982; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 2003, No. 137 (Adj. Sess.), § 1, eff. Jan. 1, 2007.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 111 - Fish › § 4607. Obstructing streams

§ 4607. Obstructing streams
(a) A person shall not unless authorized by the Commissioner prevent the passing of fish in a stream or the outlet or inlet of a natural or artificial pond on a public stream, by means of a rack, screen, weir, or other obstruction, and shall comply with the terms of the notice provided in subsection (b) of this section.
(b) The Commissioner may order such an obstruction removed by the person erecting the same or by the owner of the land on which it is located, by serving on such person or owner a written notice requiring the removal of such obstruction within 10 days after service thereof. When such person fails to remove any such obstruction within the time required in such notice, the Commissioner may remove the same and recover the expense thereof in a civil action on this section. (Added 1961, No. 119, § 1, eff. May 9, 1961.)