Full Statute Name:  West's Vermont Statutes Annotated. Title Ten. Conservation and Development. Part 4. Fish and Wildlife Conservation. Chapter 109. Penalties and Enforcement. Subchapter 1. General Provisions. § 4502. Uniform point system; revocation of license

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Primary Citation:  10 V.S.A. § 4502 Country of Origin:  United States Last Checked:  September, 2016 Alternate Citation:  VT ST T. 10 § 4502 Date Adopted:  1961
Summary: Vermont has a point system for hunting licenses similar to that used for driver's licenses.   Certain enumerated violations, including taking bear or deer with dogs, earn points which can result in the suspension or revocation of a hunting license.    A game warden may shoot a dog who is pursuing a deer or moose close enough to endanger its life, or a fine may be issued.
Statute Text: 

(a) A uniform point system that assigns points to those convicted of a violation of a provision of this part is established. The conviction report from the Court shall be prima facie evidence of the points assessed. In addition to other penalties assessed for violation of fish and wildlife statutes, the Commissioner shall suspend licenses issued under this part which are held by a person who has accumulated 10 or more points in accordance with the provisions of subsection (c) of this section.

(b) A person violating provisions of this part shall receive points for convictions in accordance with the following schedule (all sections are in this title of the Vermont Statutes Annotated):

(1) Except for biological collection violations determined to be nonpoint violations under the rules of the Board, five points shall be assessed for any violation of statutes or rules adopted under this partexcept those listed in subdivisions (2) and (3) of this subsection.

(2) Ten points shall be assessed for:

(A) § 4148. Trespass on State property

(B) § 4270. Fur buyer's records

(C) § 4517. Destruction of State property

(D) § 4605. Placing fish in waters

(E) § 4607. Obstructing streams

(F) § 4611. Sale of gamefish

(G) § 4704. Use of machine guns, autoloading rifles, and gun suppressors

(H) § 4705. Shooting from motor vehicles or aircraft

(I) § 4706. Snaring animals

(J) § 4707. Traps: notice

(K) § 4708. Interference with hunting, fishing, or trapping

(L) § 4709. Importation, stocking of wild animals

(M) § 4710. Safety zone

(N) § 4748. Dogs pursuing deer or moose

(O) Repealed by 2015, Adj. Sess., No. 97, § 26, eff. July 1, 2016.

(P) § 4864. Transporting beaver skins

(Q) § 5101. Fish and wildlife; restrictions on transportation

(R) § 5204. Poaching; private preserves

(S) § 5205. Injuring notice of posted land

(T) § 5209. Special penalty; breeders

(U) § 5211. Poaching; propagation farms

(V) § 5213. Mansfield State Forest; game refuge

(W) § 5220. Birds released

(X) § 5226. Bomoseen State Game Refuge

(Y) Appendix § 2; Appendix § 33, section 14.3. Reporting of big game

(Z) Appendix § 2a. Big game tags

(AA) Appendix § 3. Rabbit, squirrel; sale

(BB) Repealed by 2015, Adj. Sess., No. 97, § 26, eff. July 1, 2016.

(CC) Deleted by 2009, Adj. Sess., No. 120, § 4, eff. Jan. 1, 2011.

(DD) Appendix § 23(d)(1), (3)-(9). Waterfowl hunting methods

(EE) Appendix § 23(h). Waterfowl, wanton waste

(FF) Repealed by 2015, Adj. Sess., No. 97, § 26, eff. July 1, 2016.

(GG) Appendix § 44. Trapping, except for violations of Appendix § 44, sections 4.3, 4.4, 4.6, 4.9, 4.10, 4.11, 4.12, 4.14(c), and 4.14(e)

(HH) § 4827. Taking black bear doing damage

(II) Appendix § 37, as it applies to annual deer limits.

(JJ) § 4742a. Youth deer hunting weekend. The points shall be assessed solely against the adult who is accompanying the youth hunter.

(KK) § 4908. Youth turkey hunting weekend. The points assessed against the adult accompanying the youth hunter.

(LL) § 4256. Mentored hunting license. The points shall be assessed against the licensed adult who is accompanying the individual holding the mentored hunting license.

(MM) § 4827a. Feeding a black bear.

(NN) § 4826. Taking deer doing damage

(OO) § 22a. Taking turkey doing damage

(PP) § 35. Taking moose doing damage

(QQ) Appendix § 22, section 6.7; Appendix § 33, section 13.1(g); Appendix § 37, section 7.7. Possession or transport of a cocked crossbow in or on a motor vehicle, motorboat, airplane, snowmobile, orother motor-propelled vehicle

(RR) Appendix § 7, section 6.3(b). Hunting bear with any dog not listed on the permit

(SS) Appendix § 37, section 9.0. Feeding deer.

(3) Twenty points shall be assessed for:

(A) § 4192. General powers and duties; failure to obey warden

(B) § 4278. Falconry license

(C) Repealed by 2015, Adj. Sess., No. 97, § 26, eff. July 1, 2016.

(D) § 4606. Taking fish by unlawful means, except for violations of subsection 4606(g) of this title

(E) § 4702. Use of light (firearm or bow involved)

(F) § 4703. Use of set guns

(G) [Repealed.]

(H) Repealed by 2015, Adj. Sess., No. 97, § 26, eff. July 1, 2016.

(I) § 4745. Taking deer out of season prohibited

(J) § 4747. Taking big game by illegal means

(K) § 4781. Big game possession

(L) § 4783. Purchase and sale of big game

(M) § 4784. Transportation of big game

(N) § 5403. Taking, possession, or transport of endangered or threatened species

(O) Appendix § 7, sections 4.2, 5.1, 5.2, 5.3, 6.1, 6.2, 6.3(d), 6.3(e), 6.4, 6.5(c), 6.5(d), 7.1, and 7.2. Bear, unauthorized taking

(P) Appendix § 22. Turkey season, excluding: requirements for youth turkey hunting season; section 6.2, size of shot used or possessed; and section 6.7, transport of cocked crossbow

(Q) Repealed.

(R) Appendix § 31(d), (e), and (f). Seasons, bag limits for caribou, elk, and moose

(S) Appendix § 116. Atlantic salmon in the Connecticut River

(T) § 4521. Failure to stop

(U) Appendix § 37, excluding: requirements for youth deer hunting weekend; limitations on feeding of deer; section 7.7, transport of cocked crossbow; and section 11.0, ban of urine and other natural lures

(V) § 4454. Interstate Wildlife Violator Compact

(W) § 4711. Crossbow hunting

(X) Appendix § 4. Hunting with a crossbow without a permit or license

(Y) Appendix § 20. Aerial hunting

(Z) Appendix § 44, section 4.6. Use of tooth jawed traps

(AA) Appendix § 44, section 4.11. Taking furbearers with poison

(BB) Appendix § 44, section 4.12. Taking furbearers from a den.

(4) In addition to other points assessed under this subsection, a person shall be assessed one point for each fish, bird, animal, or pelt possessed, taken, transported, bought, or sold in excess of the limitsestablished in statutes or rules adopted under this part.

(c) Licenses shall be suspended as follows:

(1) For 10 to 14 points accumulated in five years--a one-year suspension.

(2) For 15 to 19 points accumulated in five years--a two-year suspension.

(3) For 20 or more points accumulated in five years--a three-year suspension.

(d) The Commissioner shall establish a centralized registry of licensees and shall track all convictions and the point accumulations, if any, against licensees. The Commissioner shall provide adequate notice to licensees of their point accumulations, and suspensions, if any.

(e) When a person holding a license issued under this part has been convicted of a violation of 13 V.S.A. § 1023(a)(2) or has been convicted of manslaughter by the careless and negligent use of firearms, the Commissioner shall revoke the person's hunting license, 20 points shall accumulate on the person's license, and another license shall not be issued to the person within five years from the date of therevocation or within five years from the date of the conviction if the person had no license. The court before which such person is convicted shall certify the conviction to the Commissioner. A revocation shall be deemed effective when notice is given, when made in person, or three days after the deposit of the notice in the U.S. mail, if made in writing.

(f) The Commissioner shall not reinstate a license suspended pursuant to subdivisions (c)(2) and (3) of this section until the licensee has successfully completed a remedial course designed to teach hunters, trappers, and anglers correct legal and ethical behavior while hunting, trapping, and fishing in Vermont. The remedial course shall be approved by the Commissioner and conducted by the Department. The fee for the remedial course shall be $100.00. Funds collected for the course shall be deposited in the Fish and Wildlife Fund.

Credits
1961, No. 119, § 1; 1981, No. 80, § 1; 1991, No. 13, § 1; 1991, Adj. Sess., No. 269, §§ 1, 2; 1993, Adj. Sess., No. 236, §§ 1, 5; 1995, Adj. Sess., No. 91, § 1; 2001, No. 65, § 21; 2003, Adj. Sess., No. 99, § 2; 2007, No. 65, § 204a, eff. July 1, 2007; 2007, Adj. Sess., No. 97, § 4, eff. July 1, 2008; 2009, Adj. Sess., No. 122, § 3, eff. July 1, 2010; 2009, Adj. Sess., No. 120, § 4, eff. Jan. 1, 2011; 2011, Adj. Sess., No. 108, § 2, eff. July 1, 2012; 2013, No. 78, § 13, eff. July 1, 2013; 2015, No. 61, § 17, eff. July 2, 2015; 2015, Adj. Sess., No. 97, § 26, eff. July 1, 2016; 2015, Adj. Sess., No. 145, § 5, eff. July 1, 2016.

 

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