NO. 24. AN ACT RELATING TO TAKING DEER DAMAGING CROPS.
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 10 V.S.A. § 4826 is amended to read:
§ 4826. TAKING DEER DAMAGING CROPS
person, including an authorized member of
his the person’s family
or his, an authorized regular on-premise employee, or an agent
who holds a Vermont hunting license and who is designated by the person,
may take, on land owned or occupied by him, a the person, up to four
deer per year which he the person can prove was were
doing damage to the following:
tree which is being grown in a plantation or being cultivated
and from which
he intends to harvest for the purpose of harvesting an annual or
perennial crop or from which he intends to produce producing any
marketable item; or
bearing crop-bearing plant; or
(3) a crop, except grass.
person by whom, or under whose direction,
the a deer is wounded
or killed, shall report in writing signed by him or her within twelve
12 hours all the facts relative to the act to a game warden. The report
shall state the time and place of the wounding or killing.
person who kills
the a deer shall immediately properly dress the
carcass and care for the meat.
game warden shall immediately investigate the case and if
satisfied that the deer was taken as provided in this section, he shall
give the person a certificate of his the finding in the matter. The
certificate shall entitle the person to the ownership of the carcass, but he
the person shall not sell or give away the same. Any However,
the head and the antlers, if any, shall be turned over to a warden. In
addition, any carcass not needed for home consumption in the household of
the certificate-holder shall be turned over to a game warden.
(e) When a game warden finds that a deer has been wounded or killed contrary to the provisions of this section, he or she shall dispose of the deer under the direction of the commissioner, and any monies received therefor shall be paid to the commissioner.
(f) “Person” includes all people who jointly own or occupy the land. Therefore, if two or more people jointly own or occupy land, they may jointly take or authorize the taking of only up to four deer.
(g) The commissioner may issue a permit to a person to take more than four deer under this section if:
(1) the land owned by the person is not posted against hunting;
(2) the person can prove that the property is sustaining additional and ongoing damage; and
(3) the person has taken reasonable measures to prevent the deer from continuing to damage the crop.
(h) The commissioner is authorized to issue an order requiring any person to remove food or bait which has the effect of luring deer into the vicinity of the property sustaining damage. In this subsection, food does not include a crop or crop-bearing plant.
Approved: May 19, 2005
The Vermont General Assembly
115 State Street