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NO. 12.  AN ACT RELATING TO REGULATING ANIMALS IN THE DEER FAMILY FOR PURPOSES OF DISEASE CONTROL.

(H.526)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  6 V.S.A. § 1151(2) and (15) are amended to read:

(2)  “Animal” or “domestic animal” means cattle, sheep, goats, equines, fallow deer, red deer, reindeer deer, American bison, swine, poultry, pheasant, Chukar partridge, Coturnix quail, psittacine birds, ferrets, camelids, ratites (ostriches, rheas, and emus), and water buffalo.  The term shall include cultured trout propagated by commercial trout farms.  However, an animal, including any of those listed in this subdivision, which is imported, possessed, or confined for the purpose of hunting it, shall be a wild animal and regulated by the fish and wildlife board and commissioner of fish and wildlife under the provisions of part 4 of Title 10.

(15)  “Cervidae” or “domesticated deer” means fallow deer, red deer and reindeer.  “Deer” means any member of the family cervidae except for white‑tailed deer and moose.

Sec. 2.  6 V.S.A. § 1152(d) is amended and (f) is added to read:

(d)  The secretary may contract and cooperate with the United States Department of Agriculture and other federal agencies or other states for the control and eradication of contagious diseases of animals.  The secretary shall consult and cooperate, as appropriate, with the commissioner of fish and wildlife and the commissioner of health regarding the control of contagious diseases.

(f)  The taking and possessing of an animal which is imported, possessed, or confined for the purpose of hunting shall be regulated by the fish and wildlife board and commissioner of fish and wildlife under the provisions of part 4 of Title 10.  However, the secretary shall have jurisdiction over the animal for the purposes described in section 1153 of this title.

Sec. 3.  6 V.S.A. § 1153(b) is amended and (c) is added to read:

(b)  The secretary shall adopt rules establishing fencing and transportation requirements for fallow deer, red deer and reindeer deer.

(c)  The secretary shall adopt rules necessary for the inventory, registration, tracking, and testing of deer.

Sec. 4.  6 V.S.A. § 1159(e) is amended to read:

(e)  The secretary may compensate the owner of fallow or red deer destroyed pursuant to this chapter because of exposure to or infection with brucellosis or, tuberculosis, or transmissible spongiform encephalopathies.  Payment shall not exceed two-thirds of the difference between the salvage value and the appraised value of the animal, and in no event shall exceed $250.00 per animal.

Sec. 5.  10 V.S.A. § 4714(b) is amended to read:

(b)  An application for a permit shall be accompanied by a certificate of veterinary inspection certifying that the animal has been inspected, is not showing signs of contagious diseases, and has been inventoried, registered, and tested in accordance with rules of the secretary of agriculture, food and markets.  The commissioner of fish and wildlife may inspect animals being imported under an importation and possession permit and may dispose of unlawfully imported or possessed animals.  The state may collect treble damages for expenses incurred in enforcing a violation of this subsection.

Sec. 6.  EXPEDITED RULEMAKING

In order to enable the state to respond in a timely fashion to the potential for transmissible spongiform encephalopathies to enter the state of Vermont, notwithstanding the provisions of 3 V.S.A. chapter 25, the secretary of agriculture, food and markets shall adopt rules to implement the provisions of 6 V.S.A. § 1153(a) and (c), relating to deer using the following timeline:

(1)  The secretary shall file final proposed rules with the secretary of state and the legislative committee on administrative rules under 3 V.S.A. § 841, after publication, in three daily newspapers with the highest average circulation in the state, of a notice that lists the rules to be adopted pursuant to this process and a seven-day public comment period following publication.

(2)  The secretary shall file final proposed rules with the legislative committee on administrative rules no later than 21 days after the effective date of this act.

(3)  The legislative committee on administrative rules shall review, and may approve or object to, the final proposed rules under 3 V.S.A. § 842, except that its action shall be completed no later than 14 days after the final proposed rules are filed with the committee.

(4)  The secretary may adopt a properly filed final proposed rule after the passage of 14 days from the date of filing final proposed rules with the legislative committee on administrative rules or after receiving notice of approval from the committee, provided the secretary:

(A)  has not received a notice of objection from the legislative committee on administrative rules; or

(B)  after having received a notice of objection from the committee, has responded pursuant to 3 V.S.A. § 842.

(5)  Rules adopted under this section shall be effective upon being filed with the secretary of state and shall have the full force and effect of rules adopted pursuant to 3 V.S.A. chapter 25.  Any such rules filed by the secretary of agriculture, food and markets with the secretary of state shall be deemed to be in full compliance with 3 V.S.A. § 843, and shall be accepted by the secretary of state if filed with a certification by the agency that the rule is required to meet the purposes of this section.

Sec. 7.  EFFECTIVE DATE

This act shall take effect on passage.

Approved:  May 2, 2005



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us