§ 7 - Regulation #935, The taking of bear with dogs - Vermont Statutes

§ 7. Regulation #935, The taking of bear with dogs TITLE 10AConservation and Development 4 APPENDIXCHAPTER 1. GAMESubchapter I. General Provisions

§ 7. Regulation #935, The taking of bear with dogs

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(a), this rule is designed to maintain the best health, population and utilization levels of Vermont's bear population.

1.3 In accordance with 10 V.S.A. § 4082(a), the Board may prescribe the manner and means of taking bear.

2.0 Purpose

The purpose of this regulation is to ensure compliance with the statutory requirements in 10 V.S.A. §§ 4747, 5007.

3.0 Definitions:

3.1 Baited Area: A baited area shall be construed as an area where meat, carrion, honey or other substance capable of luring or attracting bear has been placed or deposited.

3.2 Control of Dog/Dogs: Control shall be construed as the transportation, loading or unloading of dogs from vehicle(s); handling, catching, restraining or releasing dogs; use of telemetry to locate or track dogs.

3.3 Pack of Dogs: A pack of dogs shall be defined as one to six dogs, acting as a unit during the pursuit of bear. Dogs may be added to the pack during the course of a hunt up to a total of 6 dogs forming an original pack of dogs.

3.4 Relaying Dogs/Packs: The removal and replacement of one or more dog or dogs to the trail of a bear to the original pack of dogs consisting of a maximum of a six dog unit, once the pursuit has begun.

3.5 Dog Registration: A numbered dog license valid for the current calendar year issued to the dog's owner by the town for the purpose of identification of the individual dog and the owner of the dog.

3.6 Unregistered Dog: Dog(s) that do not have a numbered dog license valid for the current calendar year issued to the dog's owner by the town for the purpose of identification of the individual dog and the owner of the dog.

3.7 Resident Dog Owner: An individual person who is a Vermont resident as defined in Title 10 V.S.A. § 4001(20) whose dog is kenneled in Vermont and has a dog license issued by a Vermont town valid for the current calendar year.

3.8 Non-Resident Dog Owner: An individual person who is a non-resident as defined in Title 10 V.S.A. § 4001(21) whose dog is kenneled in another state other than in Vermont and has a dog license issued by a town not in Vermont valid for the current calendar year.

3.9 Bear Dog Permit: A permit to take bear with the aid of dogs. This permit is issued by the Commissioner to a person who owns dogs and wishes to hunt, pursue or take bear with the aid of said dogs. The permit holder may add to his/her permit, dog/dogs owned by another individual person(s) provided the dog/dogs added are owned by an individual person(s) who is a legal resident of the same state as is the permit holder. The said dog/dogs must be legally registered. In addition the Commissioner will issue six laminated sub-permittee permits to each permit holder with the permit number on them with the current year. The Permit holder may request additional sub-permittee permits in writing to the Commissioner as needed.

3.10 Sub-Permittee: Any individual person designated or recognized by the permit holder to assist or take a bear with the aid of dogs. The sub-permittee may have control of the dog(s) while assisting the permit holder. The sub-permittee must have a Vermont valid hunting license. The sub-permittee must be given a sub-permittee permit by the permit holder and must carry it on their person during the hunt. The permit holder must collect the sub-permittee's permit at the end of the sub-permittee's involvement in the hunt of that particular day.

3.11 Non-hunting individual person: An individual person may accompany the permit holder as long as they do not have control of dog/dogs. The non-hunting individual does not require having a valid hunting license.

4.0 Methods of Take

4.1 An individual person shall not take black bear in a baited area.

4.2 An individual person shall not take black bear with the aid of dogs unless the person in control of the dog or dogs, has a permit to do so from the Commissioner or is recognized by the permit holder to be a sub-permittee. Each dog must have a valid dog license. The dog owner shall have a metal identification name plate attached to the dog's collar with the owner's name address and telephone number. The telemetry collar may also have the identification plate attached but is not mandatory.

4.3 Two or more permit holders may hunt together and combine dog(s) listed on each permit holder's permit. The combined permit holder's shall not take black bear with the aid of more than six dogs combined forming a unit of a single pack of dogs. The combined permit holders shall not pursue black bear by relaying dogs/ packs, unregistered dogs , or dogs not listed on their bear dog permits.

4.4 An individual person shall not take black bear with the aid of more than six dogs acting as a unit to pursue bear. The individual person shall not pursue black bear by relaying dogs/packs, unregistered dog/dogs, or dog/dogs not listed on the individual person's bear dog permit.

4.5 An individual person shall not take a bear into his/her actual possession except by killing the bear by lawful means by the use of a firearm to include archery equipment and when applicable a cross bow.

4.6 A person shall not advertise, barter, exchange goods or services, expose or otherwise sell the use of a dog or dogs for the purpose of taking any black bear.

4.7 Bear dog permits must be carried upon their person and exhibited to a game warden upon demand. The dog registration(s) may be carried in the permit holder's vehicle and exhibited to a game warden at the permit holder's vehicle upon the game warden's request. Photo copies of the permit or dog registration(s) may be exhibited to the game warden in lieu of the original documents.

4.8 The dog owner must apply for a "Bear Dog Permit" to hunt and pursue bear with the aid of dogs on the prescribed permit application and shall specify the particular dog(s) to be included in the permit, town dog license number(s), location and addresses where the dog(s) will be kenneled, name of the person whose name appears on the town dog license as owner. False information on the application will constitute a violation under Title 10 V.S.A. § 4267.

4.9 A Vermont resident shall not list a dog(s) owned by a non-resident on any resident bear dog permit application. A non-resident shall list a dog(s) owned only by a non-resident of the same state as the non-resident applicant.

4.10 A bear dog permit holder may continue to pursue bear with the aid of dogs after legally taking and tagging a bear provided they are being accompanied by a sub-permittee with a valid Vermont hunting license and an unused bear tag.

4.11 Individual persons assisting in control of dog/dogs and the taking of bear with the aid of dogs must be a sub-permittee. The sub-permittee may take a bear with the aid of dogs only while accompanying a dog owner with a bear dog permit. The sub-pemittee may continue to pursue bear with the aid of dogs provided they are accompanied by a permit holder with a valid Vermont hunting license with an unused bear tag. If both the permit holder and a sub-permittee have legally taken and tagged a bear, the holder and sub-permittee may continue to pursue bear with the aid of dogs provided that both shall be accompanied by at least one or more sub-permittee with a valid Vermont hunting license with an unused bear tag. (1972, Fish and Game Board Reg. No. 845, eff. _______/t ; amended 1982, Fish and Game Board Reg. No. 935, § 1, eff. Sept. 1, 1982; 2007, Fish and Game Board Reg. No. 935, § 1, eff. June 1, 2007.)