§ 33 - Moose - Vermont Statutes

§ 33. Moose TITLE 10AConservation and Development APPENDIXCHAPTER 1. GAMESubchapter III. Quadrupeds

§ 33. Moose

1.0 Authority

1.1 This rule is adopted pursuant to 10 V.S.A. § 4081(a). In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and fur-bearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance.

1.2 In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of the moose herd.

1.3 In accordance with 10 V.S.A. § 4082, the Vermont Fish and Wildlife Board may establish open seasons; daily, season and possession limits for game; territorial limits; prescribe the manner and means of taking moose; establish territorial limits for the taking of moose; and establish restrictions on taking based upon sex, maturity and other physical distinctions.

1.4 In accordance with 10 V.S.A. § 4254, this rule establishes a process to auction up to five (5) moose permits to be awarded to the highest bidders.

1.5 In accordance with 10 V.S.A. §4254(i), this rule establishes a separate drawing for Vermont residents who have received, or are eligible to receive a campaign ribbon for Operation Iraqi Freedom or Operation Enduring Freedom through a special priority drawing through the permit lottery system.

2.0 Purpose

The purpose of this regulation is to establish an annual moose season, to establish the procedures to be used in applying for and issuing moose permits, to establish the administrative framework for regulating the taking of moose, to establish open Wildlife Management Units (WMU's) for the taking of moose, and to establish limits on the number of moose to be taken.

3.0 Definitions

3.1 "Antlerless" means a moose that does not have antlers greater than six inches in length.

3.2 "Applicant" means a person who has submitted a completed legal application to the lottery.

3.3 "Application"means the form provided by the Department that allows a person to be entered into the lottery.

3.4 "Bonus point"means a point accrued for successfully applying for a permit, but not being drawn, or indication that one should not be entered in to that year's drawing.

3.5 "Commissioner" means the Commissioner of the Vermont Fish and Wildlife Department.

3.6 "Department"means the means the Vermont Fish and Wildlife Department.

3.7 "Guide" means a person authorized to accompany, direct, aid, assist, and/or instruct a Permittee during a moose hunt.

3.8 "Guide License"means a document, provided by the Department to the Permittee, to allow for a guide to assist in a moose hunt.

3.9 "Legal means" means the taking of a moose by muzzleloader, rifle, pistol, or archery equipment in conformance with Section 13 of this rule.

3.10 "Permit"means a document issued by the Department authorizing the taking of a moose.

3.11 "Permittee"means a person who has successfully acquired a legal permit through the lottery or auction as described in this rule.

3.12 "Subpermittee" means an individual designated by a Permittee, whose name has been provided to the Department in conformance with this rule, who may be permitted to take a moose.

3.13 "Wildlife Management Unit" (WMU) means one of twenty-four geographical areas in Vermont for which big game regulations may vary.

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4.0 Moose Seasons

There shall be two moose seasons annually.

4.1 Either Sex: The first season shall be open for any legal means of take:

a) This season shall be open for six consecutive days beginning the third Saturday in October and ending the following Thursday, both dates inclusive.

b) A moose of either sex may be taken during this season.

c) To take a moose during this season a person must have a valid either sex moose permit.

4.2 Antlerss: The second season shall be for any legal means of take:

a) This season shall be open for nine consecutive days beginning the fourth Saturday in October and ending the following Sunday, both dates inclusive.

b) Only antlerless moose may be taken during this season.

c) To take a moose during this season a person must have a valid antlerless moose permit.

5.0 Possession Limit

The possession limit for moose shall be one moose per moose hunting permit.

6.0 Permit Application Process

6.1 Applications must be made on an official moose hunting application form provided by the Department.

6.2 Only applications received by the Department during the official application period will be considered. Applications must have a Federal Post Office postmark no later than the first Tuesday in June or be delivered by 4:30 p.m. on that day to an office of the Vermont Fish and Wildlife Department.

6.3 The Department will consider only complete applications. For an application to be complete it must be legible, must contain all the information requested by the Department, must bear the applicant's original signature, or, in the case of electronic or facsimile applications, attestation under the pains and penalties of perjury. To be considered complete the form must be accompanied by any required application fee, or means of payment, such as a valid credit card number.

6.4 The Department will consider no more than one complete application from any applicant per year.

6.5 Ten (10) percent of the moose hunting permits may be issued to non-resident hunters.

6.6 No person who has held a valid Vermont moose hunting permit in any of the previous three calendar years may apply for a moose hunting permit or a bonus point in the current calendar year.

7.0 Points

7.1 A person may accumulate one additional chance, or "bonus point" to win the lottery for each consecutive year that person legally submits and provides the fee for an application but is not selected to receive a permit.

7.2 Applicants may accumulate one bonus point each year.

7.3 Applicants may elect to accrue a bonus point without entering the moose hunt lottery by submitting a completed application and fee and indicating at the appropriate place on the application form that they do not wish to be entered in the lottery the current calendar year.

7.4 A person's accrued points shall be lost if: the applicant fails to provide a complete application, with the required fee, for each consecutive year's lottery; or, the successful applicant is issued a valid permit for a given year.

8.0 Permit Selection Process

8.1 All applications deemed complete will be entered into the lottery. The Department will hold, or cause to be held, a transparent, random drawing wherein all persons who have submitted a complete application will be chosen to have the opportunity to purchase a permit.

8.2 Selected applicants will receive a permit for their WMU of preference until the permit quota for their preferred WMU is filled at which time a permit will be awarded for their second choice WMU, and so on.

8.3 Successful applicants will be notified by mail, and will receive a permit form to complete. Successful applicants until the last Thursday in August to return the completed forms with the appropriate fee.

9.0 Moose Hunting Permits

9.1 An applicant who is chosen by lottery, or is the successful auction bidder may purchase a moose hunting permit from the Department.

9.2 At the time of issuance, permit recipients and designated Subpermittees must hold a valid Vermont big game hunting license.

9.3 Moose hunting permits are valid only within the WMU designated on the permit, for the specified season, and for the sex specified on the permit.

10.0 Deferments

10.1 The Commissioner may grant a one time, one-year deferment to successful Applicants for reasons of personal or family illness, temporary disability, or military deployment.

10.2 Requests for deferment shall be submitted in writing to the Commissioner no later than three (3) days prior to the start of the moose season for which a permit has been issued. Requests shall contain information required by the Commissioner to substantiate the request.

10.3 Deferred permits shall be issued for the same WMU and permit type (either-sex or antlerless) as the originally issued permit.

11.0 Subpermittees

11.1 A person holding a valid moose hunting permit may designate one (1) subpermittee who shall be permitted to hunt moose pursuant to the permit.

11.2 The subpermittee must always be accompanied by the permit holder. For these purposes, "accompanied,"' means being able to communicate without the aid of artificial devices except medically-prescribed eyeglasses or hearing aids.

11.3 Once the applicant has provided the name of their selected subpermittee to the Department, no change to this selection will be allowed except for personal or family illness, temporary disability, or military deployment.

11.4 Any request for change of subpermittee must be made in writing to the Commissioner and received no later than three (3) days prior to the start of the moose season for which a permit has been issued.

11.5 A Subpermittee need not be a Vermont resident, but must possess a valid Vermont big game hunting license.

11.6 Ineligibility

a) No person who has held a Vermont moose hunting permit in any of the previous three (3) calendar years may be designated as a subpermittee in the current calendar year.

b) No person who holds a valid moose hunting permit in a year may be designated as a subpermittee the same year.

c) No person may be named as a subpermittee on more than one permit during the same year.

12.0 Guides and Guide Licenses

12.1 The guide shall be allowed to direct, aid, assist and instruct the Permittee and subpermittee during the hunt.

12.2 A guide may not take a moose nor carry or fire any firearm or bow.

12.3 A Permittee who employs a guide is required to acquire a guide license issued by the Department. The guide license must be carried at all times on the person of the guide while moose hunting.

12.4 A person serving as a guide must hold a current valid Vermont big game hunting license.

12.5 A guide license may be carried by different persons at any time during the moose hunt, but only one person at a time may serve as a guide for each moose hunting party.

12.6 A person may simultaneously serve as a guide for more than one moose Permittee but must be carrying the proper guide license for each guided party.

13.0 Control Measures

13.1 All laws and regulations pertaining to the hunting and taking of big game in Vermont apply to moose, except as provided below:

a) No persons other than the Permittee, subpermittee and guide shall participate in a joint hunt to take moose.

b) Portable radio transceivers and/or cell phones shall not be used in the hunting or taking of moose. Such devices may be used, however, after the moose is legally tagged.

c) No electronic devices such as radio telemetry equipment shall be used to take moose.

d) No electronic devices may be used to attract moose.

13.2 Moose may be taken only with the following implements:

a) Centerfire rifles or centerfire handguns not less than .25 caliber.

b) A muzzleloading firearm of not less than .50 caliber, with a minimum barrel length of 20 inches and designed to be fired from the shoulder, or a muzzleloading pistol of not less than .50 caliber and with a minimum barrel length of 10 inches.

c) Bows of not less than 60 pound draw weight, based on the archer's normal draw length for traditional bows, and using arrowheads with a minimum of 7/8 of an inch in width with no fewer than two or more cutting edges.

d) Shotguns not less than 12 gauge and utilizing slugs only.

13.3 No person shall shoot or attempt to shoot a moose when the moose is within 100 yards of any town, state, or federal highway as defined in 10 V.S.A. Section 4705(f).

13.4 Swimming moose shall not be taken.

14.0 Tagging and Reporting

14.1 The transporting of moose shall be in accordance with current regulations and statutes pertaining to big game.

14.2 Once a moose is legally tagged, there is no limit to the number of persons who can assist with the field dressing and removal of the moose from the kill site.

14.3 Moose taken under this rule must be reported by exhibiting the eviscerated carcass, or parts thereof, to a Department official at a Department-authorized moose check station during its scheduled days and hours of operation within 48 hours of tagging.

14.4 The moose head hide, lower legs, and boned-out backbone and/or ribcage need not be reported, however, both complete central incisors must be presented.

14.5 If a male moose is reported in parts, the antlers must also be presented and the scrotum containing the testicles must be left attached to the carcass or one of the hindquarters.

14.6 If a female moose is reported in parts, the udder must also be left attached to the carcass or one of the hindquarters.

14.7 No moose shall be transported out of the state without first being reported as required herein.

14.8 The Permittee and/or subpermittee must identify the exact kill site on a Department map, and if requested, shall be required to take Department personnel to the kill site and/or the site of carcass evisceration for purposes such as, but not limited to, verification of the cause of death and site of kill, or to obtain ovaries or other biological samples left behind.

15.0 Permit Allocation

15.1 A total of 700 permits to hunt and take moose of any sex and age are authorized for the following WMUs:

WMU B C D1 D2 E1 E2 G H1 H2 I J1 J2 L M O P Q

Either- 10 25 40 115 150 150 20 40 5 25 20 25 10 25 15 20 5

Sex

permits

15.2 A total of 415 permits to hunt and take only moose that do not have antlers more than 6 inches in length are authorized for the following WMUs:

WMU D2 E1 E2

Anterless Permits 170 150 150

16.0 Special Drawing for Those Awarded or Are Eligible to Receive a Campaign Ribbon for Operation Iraqi Freedom or Operation Enduring Freedom (in Afghanistan)

16.1 Pursuant to 10 V.S.A. § 4254, there shall be a separateto for Vermont residents who possess or are eligible to receive a campaign ribbon for Operation Iraqi Freedom or Operation Enduring Freedom through a special priority drawing through the permit lottery system.

16.2 A total of five (5) permits will be allocated for this special priority drawing.

16.3 Vermont residents who qualify for the special priority lottery drawing must submit a complete application approved by the Department. A person applying for the special priority lottery permits must have marked the appropriate box on the application indicating that they comply with the provisions of this section.

16.4 Vermont residents who qualify for the special priority lottery drawing and who are not drawn for a moose permit in that special priority drawing,drawing shall be entered into the subsequent regular drawing.

16.5 Vermont residents who qualify for the special priority lottery drawing and who who do not receive a moose permit shall be awarded preference points for the subsequent special priority drawing.

17.0 Moose Permit Auction

17.1 Five (5) moose permits shall be set aside to be issued by auction. These permits are in addition to the permits authorized in paragraph 15.0

17.2 Complete bids and post must be received by the Department's Waterbury office by this deadline 4:30 p.m. of the first Tuesday in August of that year to be entered into the auction.

17.3 Permits will be awarded to individuals who submit the five (5) highest bids. Individuals submitting the next five (5) highest bids will be notified that they are alternates, and that they are eligible, in order of declining bid value, to receive a permit if higher-ranked bidders do not submit payment within a 15-day period following notification.

17.4 An individual may submit more than one bid; however he/she may only receive one moose permit. If an individual submits multiple bids, only the highest value bid will be included in the auction as an official bid.

17.5 Once notified of winning a moose permit, successful bidders have 15 days to submit their payment to the Waterbury office and to indicate: the Wildlife Management Unit they will hunt in, and their subpermittee, if any.

17.6 If an individual wins a moose permit in the auction, and then receives a public chance drawing moose permit, the person is no longer eligible in the current year's auction and the bid amount will be refunded and the next highest unsuccessful bidder will be offered the permit.

17.7 Individuals who have held a valid moose permit acquired by public lottery or auction are ineligible from participating in the moose permit auction for three years. (Added 1993, Fish and Wildlife Board Reg. No. 999, eff. June 12, 1993; amended 1994, Fish and Wildlife Board Reg. No. 999, eff. April 8, 1994; 1995 Fish and Wildlife Board Reg. No. 999, eff. May 15, 1995; 1995, Fish and Wildlife Board Reg. No. 999, eff. May 4, 1996; 1999, Fish and Wildlife Board Reg. No. 999, eff. June 5, 1999; 1999 (Adj. Sess.), Fish and Wildlife Board Reg. No. 999, eff. June 16, 2000; 2003, Fish and Wildlife Board Reg. No. 1000, eff. June 21, 2003; 2005, Fish and Wildlife Board Reg. No. 999, eff. Aug. 6, 2005; 2006 Fish and Wildlife Board Reg. No. 999, eff. Aug. 31, 2006; 2007, Fish and Wildlife Board Reg. No. 999, eff. July 6, 2007; 2008, Fish and Wildlife Board Reg. No. 999, eff. July 7, 2008; 2009, Fish and Wildlife Board Reg. No. 999, eff. June 18, 2009.)