Code of Vermont Rules
Agency 12 - AGENCY OF NATURAL RESOURCES
Sub-Agency 010 - DEPARTMENT OF FISH AND WILDLIFE
Chapter 026 - BEAR MANAGEMENT (10 V.S.A. APP Section 7)
Section 12 010 026 - BEAR MANAGEMENT (10 V.S.A. APP Section 7)
Universal Citation: VT Code of Rules 12 010 026
Current through February, 2024
Section 1.0 Authority
1.1 This rule is adopted pursuant to
10 V.S.A. §
4081(a). 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 black bear
population.
1.3 In accordance with
10 V.S.A. §
4084,
this rule establishes season and possession limits for black bear, and
prescribes the manner and means of taking black bears.
Section 2.0 Purpose
The purpose of this regulation is to establish seasons for the taking of black bear, to establish legal means or methods of taking black bears, and to establish limits on the number of black bears to be taken annually.
Section 3.0 Definitions
3.1 "Accompany" for the purposes
of hunting bear with dogs means that:
a. A
Sub-permittee engaged in the control, handling, transporting or intercepting of
Department registered dogs while hunting with dogs, shall be under the express
direction of the permit holder, and
b. A Sub-permittee who harvests a black bear
shall be under the direct control and supervision of the bear dog permit
holder, including the ability to see and communicate with each other without
the aid of artificial devices such as radios or binoculars, except for
medically necessary devices such as hearing aids or eyeglasses.
3.2 "Bait" means as any animal,
vegetable, fruit, mineral matter, honey, or any other substance capable of
luring or attracting black bear or any other wildlife.
3.3 "Baited area" means an area where any
animal, vegetable, fruit, mineral matter, honey, or any other substance capable
of luring or attracting black bear or any wildlife, has been placed or
deposited including, but not limited to, bird feeders.
3.4 "Bear Dog Permit" or "Permit" means a
permit issued by the Commissioner to a person who wishes to hunt, pursue or
take black bear with the aid of dogs.
3.5 "Commissioner" means the Commissioner of
the Vermont Fish and Wildlife Department.
3.6 "Control of Dog/Dogs" means the
transportation, loading or unloading of dogs from vehicle(s); the handling,
catching, restraining or releasing dogs; and the use of telemetry/GPS to locate
or track dogs.
3.7 "Department"
means the Vermont Fish and Wildlife Department.
3.8 "Department Registered Dog" means a dog
bearing a numbered identification dog-tag (Department Registration Dog-Tag)
approved or issued by the Vermont Fish and Wildlife Department, with the permit
holder's bear dog permit number and a number one through six.
3.9 "Hunting with Dogs" for the purposes of
this rule means that one or more dog(s) with Department Registered Dog-Tags are
on the ground whether in pursuit of a black bear or not.
3.10 "Legal means" or "Legal method" means
the taking of a black bear by muzzleloader, rifle, handgun, archery equipment,
or crossbow.
3.11 "Pack of Dogs"
means one to six dogs, acting as a unit during the pursuit of black
bear.
3.12 "Sub-Permittee" means
any person with a valid Vermont hunting license designated by the bear dog
permit holder to assist or take a bear with the aid of dogs, in accordance with
written authorization issued by the Department.
3.13 "Relaying Dogs/Packs" means the removal
and replacement of one or more dog or dogs to the trail of a bear to the
original pack of dogs once the pursuit has begun. If the hunting or pursuit of
a black bear commences with fewer than six dogs in the original Pack of Dogs,
the addition of a dog or dogs shall not be considered relaying, provided that
no more than the same six dogs are part of a single Pack of Dogs during the
hunting, pursuing or taking of a black bear.
3.14 "Bear Tag" means a document issued by
the Department authorizing the taking of a black bear in the current
season.
3.15 "Unregistered Dog"
means a dog that does not have a valid numbered dog license as described in
3.8.
Section 4.0 Seasons and Shooting Hours
4.1 Early and Late Season
a) Early Season: For Vermont Residents:
September 1 through the day before the first day of the Regular Deer Season.
For Non-Vermont Residents without the use of dogs: September 1 through the day
before the first day of the Regular Deer Season. For Non-resident Bear Dog
Permit Holders: The early black bear season shall be open to Non-Resident bear
dog permit holders on September 15 and not before.
b) Late Season: For Vermont Residents and
Nonresidents: The first day of the Regular Deer Season through the second
Sunday of the Regular Deer Season.
4.2 Shooting hours: One half hour before
sunrise until one half hour after sunset.
Section 5.0 Tags and Bag Limit
5.1 To take a black bear during the Early
Season, a person must, in addition to a having a valid Vermont Big Game Hunting
license, possess an Early Season Bear Tag issued separately by the
Department.
5.2 To take a black
bear during the Late Season, a person must have a valid Vermont Big Game
Hunting license.
5.3 A person shall
not harvest more than one black bear per calendar year, not to include animals
taken pursuant to
10 V.S.A. §
4827.
Section 6.0 The Taking of Bear with the Aid of Dogs
6.1 Licenses and Permits Any person
hunting, pursuing, harvesting, or in any manner involved in the taking of a
black bear with the use of dogs must hold a valid Vermont Big Game Hunting
License, use only Department Registered Dogs and have purchased a valid bear
tag. In addition, the person hunting, pursuing, harvesting, or in any manner
involved in the taking of a black bear with the use of dogs must hold a valid
bear dog permit or accompany a bear dog permit holder. The permit shall be
carried at all times by the permittee while hunting with dogs or taking black
bear and exhibited to a game warden, landowner, or law enforcement officer upon
demand.
6.2 A person shall not take
a black bear into his/her actual possession except by killing the bear by legal
means or methods.
a) A person taking black
bear with the use of a bow and arrow or crossbow shall, upon demand of a game
warden or other law enforcement personnel, show proof of having a prior archery
license, or of having passed a bow hunter education course in Vermont, another
state or a province of Canada approved by the Commissioner.
6.3 Dogs and Packs
a) A person shall not take black bear with
the aid of dogs unless the person is in control of the dog or dogs.
b) No person shall take a black bear with the
aid of any Unregistered Dog. No person shall have an Unregistered Dog in his or
her possession while hunting, pursuing or taking a black bear.
c) A person hunting with dogs, pursuing, and
taking black bear with the aid of dogs shall attach a Department Registration
Dog-Tag and a metal identification name plate with the person's name, address
and telephone number to the dog's collar.
d) A person taking a black bear with the aid
of dogs shall only take a black bear with a Pack of Dogs as defined in this
rule. No person shall pursue, hunt, or take black bear by Relaying
Dogs/Packs.
e) Two or more permit
holders may hunt together and combine Department Registered dog(s) to form a
Pack of Dogs. The combined bear dog permit holders shall not take black bear
with the aid of more than six dogs combined forming a single pack of dogs. Once
hunting with dogs commences, dogs not on the hunt shall be restrained in the
dog box or inside the vehicle. The combined bear dog permit holders shall not
possess any Unregistered Dogs while hunting, pursuing or taking black
bear.
Section 7.0 Prohibitions
7.1 No person
shall place bait to attract black bear for the purposes of allowing a bear dog
to catch/strike the scent of a black bear. No person take bear by using bait or
a baited area.
7.2 A person shall
not advertise, barter, exchange goods or services, or otherwise sell the use of
a dog or dogs for the purpose of taking any black bear.
7.3 While hunting with dogs, no person shall
have in their possession an Unregistered Dog while possessing Department
Registered dogs.
7.4 It shall be a
violation for a Vermont resident to apply for a bear dog permit for the purpose
of allowing a nonresident bear dog owner to hunt bear in Vermont with the aid
of dogs.
7.5 No person shall hunt
black bear with a bow and arrow or crossbow if the arrow or bolt has an
arrowhead that measures less than seven-eighths of an inch at its widest point
or that has less than two sharp cutting edges.
Section 8.0 Reporting
8.1 The black bear carcass shall be field
dressed prior to reporting.
8.2
Upon request of a Game Warden, the person harvesting the bear and the permit
holder shall show and return to the kill site with a Game Warden.
8.3 All bear harvests shall be reported to a
game warden, official Fish and Wildlife Department Reporting Station, or a
person designated by the Commissioner within 48 hours. The person who harvested
the bear and the bear dog permit holder must both be present to legally report
the harvest. If the bear dog permit holder harvested the bear, only he or she
must be present when reporting the harvest.
8.4 It shall be unlawful to provide false
information when reporting a black bear taken with the aid of dogs.
8.5 The fine, points and any other penalty
for any violation of this subsection 8 shall be assessed to the violator and in
addition, to the permit holder if the violator is not the permit
holder.
Section 9.0 Biological Collection
9.1 Any person who
harvests a bear shall collect a premolar tooth and submit the tooth to a game
warden, official Fish and Wildlife Department Reporting Station, or to a person
designated by the Commissioner to receive the biological collection, within
(30) thirty days of taking the bear.
9.2 Unless otherwise specified by statute,
the failure to collect and submit a bear tooth shall not result in license
suspension points and shall be considered a minor violation subject to a civil
fine.
STATUTORY AUTHORITY:
10 V.S.A. §§ 4081, 4082, 4084
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