§ 37 - Deer Management Rule - Vermont Statutes

§ 37. Deer Management Rule TITLE 10AConservation and Development 4 APPENDIXCHAPTER 1. GAMESubchapter III. Quadrupeds

§ 37. Deer Management Rule

1.0 Authority

1.1 This rule is adopted pursuant to 10 V.S.A. § 4081(b). 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 deer herd.

1.3 In accordance with 10 V.S.A. § 4084, this rule establishes open seasons; establishes daily, season and possession limits; prescribes the manner and means of taking white-tailed deer and establishes restrictions on taking based on sex and antler size.

2.0 Purpose

The purpose of this rule is to manage the white-tailed deer herd, implementing the policy found in ACT NO. 136, AN ACT RELATING TO DEER HERD MANAGEMENT, as passed by the General Assembly in 2004.

3.0 Definitions

3.1 Bait: For the purposes of this regulation, "bait" is defined as any animal, vegetable, fruit or mineral matter placed with the intention of attracting wildlife. Natural and artificial substances that are, or that mimic the natural odors of deer, (scents and lures), shall not be bait for the purposes of this rule.

3.2 Baiting: "Baiting" is the placing of any animal, vegetable or mineral matter, except scents and lures as defined in paragraph 3.1, that has the effect of enticing wildlife to a certain location.

3.3 Bona fide agricultural practices: Practices that have been employed to plant, grow and harvest an agricultural product conducted in the usual manner.

3.4 Anterless Deer: "Antlerless Deer" are defined as those deer without antlers or with antlers less than three (3") inches long.

3.5 Point: A "point" is an antler projection of at least 1" measured from base to tip. A broken main beam shall count as a point regardless of length.

PLEASE REFER TO THE BOOK FOR GRAPHIC OF ANTLER PROJECTION

3.6 Legal Buck: any whitetail deer with at least one antler with two or more points.

3.7 Youth: A person who is under 16 years of age.

4.0 General Restrictions

4.1 For the 16 consecutive calendar days commencing 12 days prior to Thanksgiving day, a person may take by lawful means one legal buck.

4.2 A person shall not take more than three white-tailed deer in a calendar year, only two of which may be a legal buck.

5.0 Deer; special season for taking by muzzle loading firearm

5.1 For the nine consecutive calendar days commencing on the first Saturday after the completion of the regular deer hunting season, a person may take one white-tailed deer by muzzle loading firearm. Only deer with at least one antler having two or more points may be taken unless the person has an antlerless permit.

5.2 If the Board has authorized the taking of antlerless deer, and if an individual has a permit to take an antlerless deer, then the individual may take an antlerless deer as authorized by the permit.

5.3 A person hunting with a muzzle loading firearm under this section shall obtain a license as provided in 10 V.S.A. § 4254.

5.4 Persons licensed pursuant to this rule shall not carry any firearms other than one single-barreled muzzle loading firearm as defined in 10 V.S.A. § 4001(33) while hunting deer during this special season.

6.0 Deer; special archery season for taking by bow and arrow or crossbow

6.1 For the twenty-three consecutive calendar days commencing on the first Saturday in October, and the nine consecutive calendar days commencing on the first Saturday after the completion of the regular rifle deer hunting season.

6.2 No more than two deer may be taken during the archery season. One legal buck may be taken during the archery season anywhere in the state. In Wildlife Management Unit's open to the taking of antlerless deer, both deer may be antlerless deer.

6.3 A person hunting with a bow and arrow or crossbow under this section shall obtain an archery license as provided in 10 V.S.A. § 4254. Where permitted, to take a second deer during the archery season, a second archery tag is required in accordance with 10 V.S.A. § 4254.

6.4 Crossbows shall not be carried or used as a means of take by any person hunting or taking a deer except by a person holding a permit issued under 10 V.S.A. § 4711. A holder of such a license shall act in accordance with section 6.1 of this rule.

6.5 No person taking deer with a bow and arrow or crossbow under this section may possess a firearm and no deer may be taken by firearms during the archery season.

7.0 Youth Deer Hunting Weekend

7.1 The Saturday and Sunday prior to the opening day of the regular rifle deer hunting season shall be youth deer hunting weekend.

7.2 A person who is under 16 years of age during the youth deer hunting weekend, who has one parent or guardian who is a legal resident of Vermont, and who has successfully completed a hunter safety course is eligible to participate in Youth Deer Hunting Weekend.

7.3 Only one white-tail deer may be taken during the youth deer hunting Weekend.

7.4 A youth may take a legal buck during the youth deer hunting weekend, if the Board authorizes the taking of antlerless deer during youth hunting weekend, a qualified youth may take any deer.

7.5 To participate in the youth deer hunt, a qualified youth must have a valid hunting license and a youth deer hunting weekend tag.

7.6 Proof of satisfactory completion of a hunter firearms safety course and proof of theparent or guardian's residency must be presented before the issuance of a youth deerhunting season tag.

7.7 Any qualified youth hunting under this section shall be accompanied by an unarmed adult who holds a valid Vermont hunting license and who is 18 years of age or older.

7.8 An adult accompanying a youth under this regulation shall accompany no more than two (2) youth deer hunting weekend hunters at one time.

7.9 No person shall hunt under this section on privately owned land without first obtaining the permission of the owner or occupant.

8.0 Feeding of Deer

8.1 No person shall feed white-tailed deer at any time in Vermont except:

8.1.1 Under a license or permit issued pursuant to 10 V.S.A. § 4148 by the Department for bona fide scientific research, mitigation of wildlife damage or nuisance problems, or wildlife population reduction programs only; or

8.1.2 By planting, cultivating or harvesting of crops directly associated with bona fide agricultural practices, including planted wildlife food plots; or

8.1.3 By distribution of food material for livestock directly associated with bona fide agricultural practices; or

8.1.4 By cutting of trees or brush; or

8.1.5 By incidental feeding by an elevated bird/squirrel feeders (feeders must be at least 5 feet above the ground) providing seed, grain, fruit, worms, or suet for birds or squirrels, located within 100 feet of an occupied dwelling.

9.0 Baiting

9.1 No person shall take deer by using bait. Exempted from this prohibition are:

9.1.2 Incidental feeding of wildlife within active livestock operations;

9.1.3 Standing crops planted and left standing as food plots for wildlife;

9.1.4 Grain or other feed scattered or distributed solely as a result of normal agricultural, gardening, or soil stabilization, and logging practices;

9.1.5 Vegetation or food/seed naturally deposited.

9.2 No person shall take any game or wild animal by using bait during deer seasons established under Part 4 of Title 10 or by rules of the Board, except that persons taking fur-bearers as authorized under 10 V.S.A. § 4252(3) may use bait in conjunction with traps being set to take fur-bearers. (Added 2005, Fish and Wildlife Board Reg. No. 1502, eff. July 2, 2005; amended 2008 Fish and Wildlife Board Reg. No. 1502, eff. Sept. 6, 2008.)