2005 Vermont Code - § 37. — Deer Management Rule, Fish and Wildlife Regulation #1502

§ 37. Deer Management Rule, Fish and Wildlife Regulation #1502

1.0 Authority

1.1 This rule is adopted pursuant to 10 V.S.A. § 4081(b). In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and fur-bearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance.

1.2 In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of the deer herd.

1.3 In accordance with 10 V.S.A. § 4084, this rule establishes open seasons; establishes daily, season and possession limits; prescribes the manner and means of taking white-tailed deer and establishes restrictions on taking based on sex and antler size.

2.0 Purpose

The purpose of this rule is to manage the white-tailed deer herd, implementing the policy found in ACT NO. 136, AN ACT RELATING TO DEER HERD MANAGEMENT, as passed by the General Assembly in 2004.

3.0 General Restrictions and Definitions

3.1 For the 16 consecutive calendar days commencing 12 days prior to Thanksgiving day, a person may take by lawful means one white-tailed deer, with at least one antler having two or more points.

3.2 A person shall not take more than two white-tailed deer in a calendar year, both of which may have at least one antler having two or more points.

3.3 If the Board has authorized the taking of antlerless deer, and if an individual has a permit to take an antlerless deer, then the individual may take an antlerless deer as authorized by the permit.

3.4 Bait: For the purposes of this regulation, "bait" is defined as any animal, vegetable, fruit or mineral matter placed with the intention of attracting wildlife. Natural and artificial substances that are, or that mimic the natural odors of deer, (scents and lures), shall not be bait for the purposes of this rule.

3.5 Baiting: "Baiting" is the placing of any animal, vegetable or mineral matter, except scents and lures as defined in paragraph 3.4, that has the effect of enticing wildlife to a certain location.

3.6 Anterless Deer: "Antlerless Deer" are defined as those deer without antlers or with antlers less than three (3") inches long.

3.7 Point: A "point" is an antler projection of at least 1" measured from base to tip. A broken main beam shall count as a point regardless of length.

4.0 Deer; special season for taking by muzzle loading firearm

4.1 For the nine consecutive calendar days commencing on the first Saturday after the completion of the regular deer hunting season, a person may take one white-tailed deer by muzzle loading firearm provided, that only deer with at least one antler having two or more points may be taken unless the person has an antlerless permit.

4.2 Persons wishing to hunt with a muzzle loading firearm under this section shall obtain a license as provided in section 4254 of Title 10.

4.3 Persons licensed pursuant to this rule shall not carry while hunting deer during this special season, any firearms other than one single barreled muzzle loading firearm as defined in 10 V.S.A. § 4001(33).

4.4 If the Board has authorized the taking of antlerless deer, and a person has an antlerless permit, then the person may take an antlerless deer.

5.0 Deer; special season for taking by bow and arrow and crossbow

5.1 For the twenty-three consecutive calendar days commencing on the first Saturday in October, and the nine consecutive calendar days commencing on the first Saturday after the completion of the regular deer hunting season, a person may take by bow and arrow anywhere in the state, one white-tailed deer with at least one antler having two or more points and one deer without antlers or having antlers less than three inches long. White-tailed deer without antlers or having antlers less than three (3) inches in length may only be taken in Wildlife Management Units that the Board has opened to antlerless deer hunting under Regulation #911.

5.2 Crossbows shall not be used or be carried by any person taking deer except, a person holding a permit issued under 10 V.S.A. § 4711 which sets forth that person's inability to operate a standard bow may take by crossbow one white-tailed with at least one antler having two or more points or one deer without antlers or having antlers less than three inches long. White-tailed deer without antlers or having antlers less than three (3) inches in length may only be taken in Wildlife Management Units that the Board has opened to antlerless deer hunting under Regulation #911.

5.3 A person wishing to hunt with a bow and arrow under this section shall obtain an archery license as provided in section 4254 of Title 10.

5.4 If the Board has authorized the taking of antlerless deer, and a person has an antlerless permit, then the person may take an antlerless deer.

5.5 No person taking deer may carry a firearm and no deer may be taken by firearms during the season established by this paragraph.

6.0 Youth Deer Hunting Weekend

6.1 The Saturday and Sunday prior to the opening day of the regular deer season shall be youth deer hunting weekend.

6.2 A person who is under 16 years of age, who has one parent or guardian who is a legal resident of Vermont and who has successfully completed a hunter safety course, may take one white-tailed deer, with at least one antler having two or more points during youth deer hunting weekend.

6.3 A person qualified to hunt during youth deer hunting weekend may take an antlerless deer during youth deer hunting weekend if the Board has authorized the taking of antlerless deer by youth deer hunting weekend participants in Regulation #911.

6.4 If deer of either sex may be taken during youth deer hunting weekend, then only one deer may be taken. That deer may have no antlers, antlers less than 3 inches in length, or at least one antler greater than 3 inches in length regardless of the number of points.

6.5 Proof of satisfactory compliance in a hunter firearms safety course and proof of the parent or guardian's residency must be presented before the issuance of a tag.

6.6 Each person hunting under this section shall be accompanied by an unarmed adult who holds a valid hunting license and who is over 18 years of age.

6.7 An adult accompanying a youth under this regulation shall accompany no more than two (2) youth deer hunting weekend hunters at one time.

6.8 No person shall hunt under this section on privately owned land without first obtaining the permission of the owner or occupant.

6.9 A deer taken pursuant to this section shall immediately be tagged upon being taken into a person's possession by attaching the tag to the deer carcass. The tag shall be placed on the deer carcass in a location that is open to view. Such tag shall remain on the deer carcass during possession and transportation and until such time that the animal is cut up for consumption.

6.10 A person shall not transport parts of a deer taken under this section unless the parts or package containing them are marked with a name and address of the person who killed the deer.

6.11 A person taking a deer pursuant to this section shall within 48 hours report the taking and exhibit the carcass to the nearest Game Warden, official Fish & Wildlife Department Reporting Station, or to a person designated by the Commissioner to receive the reports.

6.12 No deer taken under this section shall be transported out of the State without first being reported as required herein.

7.0 Feeding of Deer

7.1 Feeding White-tailed Deer in Vermont. No person shall feed white-tailed deer at any time in Vermont except:

7.1.1 under a license or permit issued by the Department pursuant for bona fide scientific research, mitigation of wildlife damage or nuisance problems, or wildlife population reduction programs only; or

7.1.2 by planting, cultivating or harvesting of crops directly associated with bona fide agricultural practices, including planted wildlife food plots; or

7.1.3 by distribution of food material for livestock directly associated with bona fide agricultural practices; or

7.1.4 by cutting of trees or brush.

8.0 Baiting

8.1 No person shall take deer by using bait. Exempted from this prohibition are:

8.1.1 elevated bird/squirrel feeders providing seed, grain, fruit, worms, or suet for birds or squirrels located within 100 feet of a dwelling devoted to human occupancy;

8.1.2 incidental feeding of wildlife within active livestock operations;

8.1.3 standing crops planted and left standing as food plots for wildlife;

8.1.4 grain or other feed scattered or distributed solely as a result of normal agricultural, gardening, or soil stabilization practices;

8.1.5 standing, flooded, or manipulated natural vegetation or food/seed deposited by natural vegetation;

8.2 No person shall take any game or wild animal by using bait during deer seasons established under Part 4 of Title 10 or by rules of the Board, except that persons taking fur-bearers as authorized under 10 VSA section 4252(3) may use bait in conjunction with traps being set to take fur-bearers. (Added 2005, Fish and Wildlife Board Reg. No. 1502, eff. July 2, 2005.)