§ 4502 - Uniform point system; revocation of license - Vermont Statutes

§ 4502. Uniform point system; revocation of license

(a) A uniform point system which assigns points to those convicted of a violation of a provision of this part is established. The conviction report from the court shall be prima facie evidence of the points assessed. In addition to other penalties assessed for violation of fish and wildlife statutes, the commissioner shall suspend licenses issued under this part which are held by a person who has accumulated ten or more points in accordance with the provisions of subsection (c) of this section.

(b) A person violating provisions of this part shall receive points for convictions in accordance with the following schedule (all sections are in Title 10 of Vermont Statutes Annotated):

(1) Five points shall be assessed for any violation of statutes or rules adopted under this part except those listed in subdivisions (2) and (3) of this subsection.

(2) Ten points shall be assessed for:

(A) § 4148. Trespass on state property

(B) § 4270. Fur buyer's records

(C) § 4517. Destruction of state property

(D) § 4605. Placing fish in waters

(E) § 4607. Obstructing streams

(F) § 4611. Sale of gamefish

(G) § 4704. Use of machine guns and autoloading rifles

(H) § 4705. Shooting from motor vehicles or aircraft

(I) § 4706. Snaring animals

(J) § 4707. Traps: notice

(K) § 4708. Interference with hunting, fishing or trapping

(L) § 4709. Importation, stocking of wild animals

(M) § 4710. Safety zone

(N) § 4748. Dogs pursuing deer

(O) § 4753. Deer, annual limit

(P) § 4864. Transporting beaver skins

(Q) § 5101. Fish and game; restrictions on transportation

(R) § 5204. Poaching; private preserves

(S) § 5205. Injuring notice of posted land

(T) § 5209. Special penalty; breeders

(U) § 5211. Poaching; propagation farms

(V) § 5213. Mansfield state forest; game refuge

(W) § 5220. Birds released

(X) § 5226. Bomoseen state game refuge

(Y) Appendix § 2. Reporting of deer, bear

(Z) Appendix § 2a. Big game tags

(AA) Appendix § 3. Rabbit, squirrel; sale

(BB) Appendix § 8. Bobcat

(CC) Appendix § 22E. Turkey reporting

(DD) Appendix § 23(d)(1), (3)-(9). Waterfowl hunting methods

(EE) Appendix § 23(h). Waterfowl, wanton waste

(FF) Appendix § 43. Method of taking (trapping)

(GG) Appendix § 44. Trapping

(HH) § 4827. A black bear doing damage

(II) Appendix § 37, as it applied to annual deer limits.

(3) Twenty points shall be assessed for:

(A) § 4192. General powers and duties-failure to obey warden

(B) § 4278. Falconry license

(C) Subchapter 2 of chapter 105. Eel fishing

(D) § 4606. Taking fish by unlawful means, except for violations of subsection 4606(g) of this title

(E) § 4702. Use of light (firearm or bow involved)

(F) § 4703. Use of set guns

(G) § 4743(c). Muzzle loader deer season

(H) § 4744(a) and (b). Bow and arrow deer season

(I) § 4745. Taking deer out of season prohibited

(J) § 4747. Taking big game by illegal means

(K) § 4781. Big game possession

(L) § 4783. Purchase and sale of big game

(M) § 4784. Transportation of big game

(N) § 5403. Taking, possession or transport of endangered or threatened species

(O) Appendix § 7. Bear, taking with aid of dogs

(P) Appendix § 22 (excluding § 22E). Turkey season

(Q) [Repealed.]

(R) Appendix § 31(c), (d), (e), and (f). Seasons, bag limits for bear, caribou, elk, and moose

(S) Appendix § 116. Atlantic salmon in the Connecticut River

(T) § 4521. Failure to stop.

(U) Appendix § 37, excluding violations of annual deer limits, requirements for youth deer hunting weekend, and limitations on feeding of deer.

(4) In addition to other points assessed under this subsection, a person shall be assessed one point for each fish, bird, animal or pelt possessed, taken, transported, bought or sold in excess of the limits established in statutes or rules adopted under this part.

(c) Licenses shall be suspended as follows:

(1) For ten to 14 points accumulated in five years-a one-year suspension.

(2) For 15 to 19 points accumulated in five years-a two-year suspension.

(3) For 20 or more points accumulated in five years-a three-year suspension.

(d) The commissioner shall establish a centralized registry of licensees and shall track all convictions and the point accumulations, if any, against licensees. The commissioner shall provide adequate notice to licensees of their point accumulations, and suspensions, if any.

(e) The commissioner shall revoke a hunting license issued under this part when the holder thereof has been convicted of a violation of subdivision 1023(a)(2) of Title 13 or has been convicted of manslaughter by the careless and negligent use of firearms, and another license shall not be issued to such person within five years from the date of such revocation or within five years from the date of such conviction if such person had no license. The court before which such person is convicted shall certify such conviction to the commissioner. A revocation shall be deemed effective when notice is given, when made in person, or three days after the deposit of such notice in the United States mails, if made in writing.

(f) The commissioner shall not reinstate a license suspended pursuant to subdivisions 4502(c)(2) and (3) of this title until the licensee has successfully completed a remedial course designed to teach hunters, trappers and anglers correct legal and ethical behavior while hunting, trapping and fishing in Vermont. The remedial course shall be approved by the commissioner and conducted by the department. The fee for the remedial course shall be $100.00. Funds collected for the course shall be deposited in the fish and wildlife fund. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1981, No. 80, § 1, eff. Jan. 1, 1982; 1991, No. 13, § 1; 1991, No. 13, § 1; 1991, No. 269 (Adj. Sess.), §§ 1, 2, eff. June 26, 1992; 1993, No. 236 (Adj. Sess.), §§ 1, 5; 1995, No. 91 (Adj. Sess.), § 1, eff. April 4, 1996; 2001, No. 65, § 21; 2003, No. 99 (Adj. Sess.), § 2, eff. April 27, 2004; 2007, No. 65, § 204a; 2007, No. 97 (Adj. Sess.), § 4.)