The Vermont Statutes Online

Title 10: Conservation and Development

Chapter 111: FISH

§ 5202. Private preserves, stocking, affidavit

(a) To post a stream as a private preserve under section 5201 of this title, a person annually shall:

(1) stock the waters of each half mile of stream with at least 1,000 fry, 600 advanced fry, 300 fingerlings, or 150 fish, each not less than six inches in length, and

(2) file with the commissioner and the town clerk of the town in which the waters lie, immediately after stocking the waters, a sworn affidavit declaring that the provisions of this section have been complied with. The affidavit shall identify the number and kind of fish placed in the waters, the date they were purchased, and the person from whom they were purchased.

(b) When land or waters are stocked by the state with fish, wild animals or game, with the knowledge and consent of the owner, the owner may not prohibit the taking of fish, wild animals or game under section 5201 of this title. However, the commissioner may, at his or her discretion, stock a private fishing preserve which allows some charitable or nonprofit organizations to use the area at no charge. In that case, the owner may prohibit the taking of fish or game by the general public under section 5201 of this title. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1989, No. 223 (Adj. Sess.), § 1; 1991, No. 14.)

§ 5203. Repealed. 1989, No. 223 (Adj. Sess.), § 2.

§ 5204. Poaching; private preserves

(a) A person who, 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 subsection 5201(b) of this title shall be fined not less than $25.00 nor more than $100.00.

(b) The owner or person in control of such private preserve may recover the actual damages sustained by him or her in a civil action on this statute. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1967, No. 302 (Adj. Sess.), § 2, eff. March 20, 1968; 1969, No. 16, § 3, eff. March 11, 1969.)

§ 5205. Injuring notice

A person shall not damage or remove a notice maintained under the provisions of section 5201 of this title. (Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 5206. Maintaining notice one year

A person shall not maintain a notice prohibiting fishing for more than one year after such waters were last stocked. (Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 5207. Propagation farms

(a) The commissioner may issue a license to propagate fish and wild animals and shall make and publish regulations governing such industry. The application for such a breeder's license shall be in writing, addressed to the commissioner, shall be signed by the applicant and shall describe the land or waters owned or leased by such breeder to be used for such purpose and shall contain such other facts as may be required by the commissioner. When it appears that the application is made in good faith, the commissioner may issue such a license, which shall continue in force for one year, upon the payment of a fee of $50.00 for a new application and $10.00 for a renewal of an application. Fees collected under this section shall be deposited into the fish and wildlife fund.

(b) All health testing of cultured trout shall be provided to commercial trout farms through an aquaculture inspection program conducted jointly by the agency of agriculture, food and markets and the department of fish and wildlife as provided by 6 V.S.A. § 1154a and part 4 of this title. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1991, No. 161 (Adj. Sess.), § 1; 1993, No. 202 (Adj. Sess.), § 1; 2003, No. 42, § 2, eff. May 27, 2003.)

§ 5208. Rights of breeders

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. (Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 5209. Special penalty

A breeder selling game procured from lands other than lands covered by a license under section 5207 of this title, or who violates a provision of this part or a regulation issued under the provisions of sections 5207 and 5208 of this title shall be fined not more than $100.00, and in addition thereto shall be punished as provided for such particular violation. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1991, No. 13, § 6.)

§ 5210. Private ponds

A person owning a natural pond of not more than 20 acres or an artificial pond entirely upon his or her premises, stocked at his or her own expense with fish artificially hatched or reared, may take fish from such pond at any time for the purpose of propagation or consumption as food on his or her premises, provided that the sources of water supply for such pond are entirely upon his or her premises or that fish do not have access to such pond from waters not under his or her control or from waters stocked at the expense of the state. (Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 5211. Poaching; propagation farms; injury; penalties

A person shall not, without permission, enter upon the premises of a propagation farm and take fish, or wild animals, or upon a pond as defined in section 5210 of this title and take fish, or foul the waters of such farm or pond with a substance injurious to the life or growth of fish or break or destroy a dam, reservoir or embankment, or divert the water, or wilfully damage such farm or pond. Such person shall be liable to the owner of such premises for damages in a civil action on this section. (Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 5212. Repealed. 1997, No. 110 (Adj. Sess.), § 3.

§ 5213. Mansfield state forest; game refuge

(a) A person shall not hunt, trap, take, or kill wild animals on that part of the Mansfield state forest bounded by the Smugglers' Notch road on the east, the road to the summit of Mt. Mansfield on the south and west, the summit of Mt. Mansfield on the west, and the present boundary of the state forest on the north.

(b) The commissioner may include in such game refuge, private lands within the bounds mentioned in subsection (a) of this section as a part of such game refuge.

(c) The boundaries of such game refuge shall be marked by a suitable sign every one-half mile at conspicuous places along the roads and by cloth notices nailed on trees every 40 rods along the northerly boundary. (Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 5214. Vermin destruction

Permits for the control and destruction of vermin upon a game refuge may be granted by the commissioner to such person and at such times as he shall deem advisable. (Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 5215. Game refuges; how created; regulations

(a) For a specified period of years, the commissioner may prohibit or regulate the taking of wild animals upon public lands set aside with the approval of the governor or upon private lands set aside with the consent of the owner thereof, for game refuges. At least 30 days before such a prohibition or regulation takes effect, he or she shall file a copy of the same in the office of the town clerk of the town in which such lands lie. Notices reading "State Game Refuge; hunting is unlawful" shall be placed at conspicuous places on the boundaries of refuges.

(b) Upon receipt of a fee of $50.00, the commissioner may issue a permit to a person, organization or group for the purpose of rehabilitating sick or injured wild animals. For the purposes of this subsection, rehabilitation means treating the sick or injured wild animal back to a sufficient state of health so that the animal may be returned to the wild. The commissioner shall adopt rules to implement this subsection. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1985, No. 209 (Adj. Sess.), § 2, eff. June 2, 1986; 1997, No. 155 (Adj. Sess.), § 51, eff. Jan. 1, 1999.)

§ 5216. Migratory bird reservations; consent of state; jurisdiction

Consent of the state of Vermont is given to the acquisition by the United States by purchase, gift, devise, or lease of such land or water, or of land and water in Vermont, as the United States may deem necessary for the establishment of migratory bird reservations in accordance with the act of Congress, approved February 18, 1929, entitled, "Act to more effectively meet the obligations of the United States under the migratory bird treaty with Great Britain by lessening the dangers threatening migratory game birds from drainage and other causes by the acquisition of areas of land and of water to furnish perpetuity reservations for the adequate protection of such birds; and authorizing appropriations for the establishment of such areas, their maintenance and improvement and for other purposes," reserving, however, to the state of Vermont full and complete jurisdiction and authority over all such areas not incompatible with the administration, maintenance, protection, and control thereof by the United States under the terms of the act of Congress. (Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 5217. Permits to operate regulated shooting ground

Upon receipt of a fee of $100.00, the fish and wildlife commissioner may issue a shooting grounds permit to operate a shooting ground upon which to propagate and release small game under regulations approved by the commissioner and upon which to release small game when regularly propagated or purchased for shooting and other purposes. (1961, No. 251, § 1; amended 1963, No. 131, § 1; 1983, No. 245 (Adj. Sess.), § 1; 1997, No. 72 (Adj. Sess.), § 1; 1997, No. 155 (Adj. Sess.), § 52, eff. Jan. 1, 1999.)