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H.519

Introduced by Committee on Fish, Wildlife and Water Resources

Date:

Subject:  Fish and wildlife; penalties; fines

Statement of purpose:  This bill proposes to remove fines related to specific violations of fish and wildlife laws and to make all the violations subject to a general penalty for fish and wildlife violations.

AN ACT RELATING TO FINES FOR VIOLATION OF FISH AND WILDLIFE LAWS

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

Sec. 1.  10 V.S.A. § 4518 is amended to read:

§ 4518.  BIG GAME VIOLATIONS

Whoever violates a provision of this part or orders or rules of the board relating to taking, possessing, transporting, buying, or selling of big game shall be fined not more than $500.00, nor less than $200.00 pursuant to section 4515 of this title or imprisoned for not more than 60 days, or both.  Upon a second and all subsequent convictions, the violator shall be fined not more than $1,000.00 nor less than $500.00 or imprisoned for not more than 60 days, or both.

Sec. 2.  10 V.S.A. § 4521 is amended to read:

§ 4521.  FAILURE TO STOP

(a)  An operator of a motor vehicle or vessel shall bring the vehicle or vessel to a stop when signaled to do so by a warden or deputy warden wearing a uniform identifying him or her as such or operating a law enforcement vehicle or vessel sounding a siren and displaying a flashing blue or blue and white signal lamp.  A person who violates this section shall be fined not more than $500.00.

(b)  A person who is traveling on foot who fails to shall stop when requested to do so by a warden or deputy warden wearing a uniform identifying him or her as a law enforcement officer shall be fined not more than $100.00.

Sec. 3.  10 V.S.A. § 4710 is amended to read:

§ 4710.  SAFETY ZONE; SHOOTING PROHIBITED

(a)  A person may on land owned or occupied by him or her and within 500 feet of any occupied dwelling house, residence, or other building or camp occupied by human beings, or any barn, stable, or other building used in connection therewith, maintain posters furnished by the fish and wildlife department not less than 12 inches wide and 18 inches high containing the words “safety zone, shooting prohibited.”  An area bounded by such posters placed at each corner, and not more than 200 feet apart on the boundaries shall be considered enclosed land for the purpose of this section and is hereby defined as a “safety zone.”  Without advance permission of the owner or occupant, a person shall not discharge a firearm within or take a wild animal that is within a “safety zone” as defined herein.

(b)  Any person who violates a provision of this section shall be fined $50.00.

Sec. 4.  10 V.S.A. § 4748(b) is amended to read:

(b)  A state game warden, deputy warden, sheriff, deputy sheriff, constable, police officer, or state police officer may kill by shooting with firearms, dogs, whether licensed or unlicensed, when in such close pursuit as to endanger the life of a deer or moose or found in the act of wounding, maiming, or killing deer or moose.  Provisions of this section shall be subject to limitations set forth in section 4710 of this title.  A warden or other person authorized under this subsection who does not kill a dog under the provisions of this subsection shall if possible, locate the owner or keeper of the dog and shall issue a warning that the dog was in violation of this section, and each future violation shall result in the owner or keeper being fined not more than $200.00 nor less than $50.00 pursuant to section 4515 of this title.

Sec. 5.  10 V.S.A. § 5204(a) is amended to read:

(a)  A person who shall not take fish, game, or other wild animals or carry or possess a firearm, bow and arrow, or wild animal trap in a private preserve posted under section 5201 of this title or mutilate or defaces the notice called for in subdivison 5201(b), without the written consent of the owner or person having the exclusive right to take fish or wild animals, takes fish, game, or other animals or carries or possesses a firearm, bow and arrow, or wild animal trap in private preserve as posted under section 5201 of this title or mutilates or defaces the notice called for in section 5201(b) hereof shall be fined not less than $25.00 nor more than $100.00.

Sec. 6.  10 V.S.A. § 5208 is amended to read:
§ 5208.  RIGHTS OF BREEDERS

(a)  A breeder may sell and transport fish and wild animals at all times, alive for propagation, and for food during such season as the commissioner may prescribe.  Such fish and wild animals shall be identified either by marking the packages or by individual tagging as the commissioner may prescribe.

(b)  A breeder shall not sell game procured from lands other than those covered by a license issued under section 5207 of this title.

Sec. 7.  10 V.S.A. § 5226(c) is amended to read:

(c)  A person who enters this refuge to hunt, trap, take or kill wild animals or carries or possesses shall not carry or possess a firearm, bow and arrow, or animal trap or who mutilates or defaces on the refuge, nor mutilate or deface the notices marking the boundaries of the refuge shall be fined not less than $25.00 nor more than $100.00.

Sec. 8.  REPEAL

10 V.S.A. § 5209 (special penalty) is repealed.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us