§ 4254. Fishing and hunting licenses; eligibility, design, distribution, sale, and issue

(a) Fishing licenses. A fishing license may be issued to any person aged 15 or older.

(b) Hunting licenses. A resident or nonresident hunting license, combination fishing and hunting license, or archery license may be issued to any person, provided that the applicant prior to issue first presents:

(1) a certificate of satisfactory completion of a Vermont hunter safety course, bow hunter education course as applicable, or an equivalent approved by the Commissioner; or

(2) a certificate of satisfactory completion of a hunter safety course, or bow hunter education course as applicable, in another state or a province of Canada which is approved by the Commissioner; or

(3) a hunting license, a combination hunting and fishing license, or archery license, if applicable, issued for this State or any other state or a province of Canada and valid for any license year; or

(4) other satisfactory proof that the applicant has previously held a hunting, or combination hunting and fishing license or archery license, if applicable. A hunting license or archery license may be issued to a person aged 15 or under only with the written consent of the applicant's parent or legal guardian given in the presence of the agent issuing the license.

(c) Hunter Education. The Commissioner shall provide for a course of basic instruction in the safe handling of firearms, survival training, and first aid training and a course in bow hunter education. For this purpose, the Commissioner may cooperate with any reputable association, organization, or agency, and he or she may designate any person found by him or her to be competent to give such instruction. A person satisfactorily completing the course of instruction shall receive from the instructor a certificate in evidence thereof. No fee shall be charged for a course of instruction provided under this subsection.

(d) Administration. The Commissioner shall be responsible for the design of all licensing documents and forms, the sale of licenses, the reporting of sales, and the full return of all funds due the Department.

(e) Licenses. The Commissioner shall establish:

(1) license agencies, for the sale and distribution of licenses or lottery applications for licenses, including any town clerk who desires to sell licenses or process lottery applications for licenses;

(2) the number, type, and location of license agencies, other than town clerk agencies;

(3) the qualifications of all agencies and agents except town clerks;

(4) controls for the inventory, safeguarding, issue, and recall of all licensing materials;

(5) the times and methods for reporting the sale and issuance of all licenses;

(6) procedures for accounting for and return of all monies and negotiable documents due the Department from agencies in accordance with the provisions of this title and Title 32 of the Vermont Statutes Annotated;

(7) procedures for the audit of all license programs and license agency transactions and the proper retention and inspection of all accounting and inventory records related to the sale or issuance of licenses;

(8) procedures for the suspension of any license agent or agency, including a town clerk agent, for noncompliance with the provisions of this title, any written agreement between the agent and the Department, or any licensing rule established by the Department;

(9) that for each license or lottery application, $1.50 of the fee is a filing fee that may be retained by the agent, except for the super sport license for which $5.00 of the fee is a filing fee that may be retained by the agent; and

(10) that for licenses, lottery applications, and tags issued where the Department does not receive any part of the fee, $1.50 may be charged as a filing fee and retained by the agent.

(f) License agency. All persons or businesses who wish to serve as agents shall apply on forms provided by the Department. Except for the fee collected under subdivision (e)(9) of this section, all license fees collected by an agent are the property of the State of Vermont and shall be promptly paid to the State following the procedures established under subdivision (e)(6) of this section.

(g) [Repealed.]

(h) Lotteries. If the Board decides to hold a lottery for the purpose of allocating permits to hunt or fish, except for a lottery held pursuant to section 4081 or 4153 of this title or for water fowl hunting permits for specific areas as defined by the Board by rule, the Department shall require that each resident entering the lottery shall submit a nonrefundable fee of $10.00 and each nonresident entering the lottery shall submit a nonrefundable fee of $25.00 with each application. Proceeds from the sale of applications shall be deposited into the Fish and Wildlife Fund.

[Subsection (i) effective until January 1, 2020; see also subsection (i) effective January 1, 2020.]

(i) Moose hunting.

(1) If the Board establishes a moose hunting season, up to five moose permits shall be set aside to be auctioned. The moose permits set aside for auction shall be in addition to the number of annual moose permits authorized by the Board. The Board shall adopt rules necessary for the Department to establish, implement, and run the auction process. The Commissioner annually may establish a minimum dollar amount of not less than $1,500.00 for any winning bid for a moose permit auctioned under this subdivision. Proceeds from the auction shall be deposited in the Fish and Wildlife Fund and used for conservation education programs run by the Department. Successful bidders must have a Vermont hunting or combination license in order to purchase a moose permit.

(2) If the Board establishes a moose hunting season, there shall be established a program to set aside five moose permits for Vermont residents who have served on active duty in any branch of the U.S. Armed Forces provided that he or she has not received a dishonorable discharge. The Department of Fish and Wildlife shall adopt a procedure to implement the set-aside program for veterans, including a method to award applicants preference points and a method by which veterans who applied for but failed to receive a permit in one hunting season are awarded priority in the subsequent moose hunting season. The procedure adopted under this subdivision shall be consistent with the preference system for the permit auction authorized under subdivision (1) of this subsection. Veterans awarded a moose permit under this subsection must possess a valid Vermont hunting or combination license in order to purchase a moose permit. The Department of Fish and Wildlife shall coordinate with the Office of Veterans Affairs to provide notice to eligible veterans of the moose permits set-aside under this subsection.

[Subsection (i) effective January 1, 2020; see also subsection (i) effective until January 1, 2020.]

(i) Moose hunting.

(1) If the Board establishes a moose hunting season, not more than 10 percent of the total number of annual moose permits authorized by the Board shall be set aside to be auctioned. The total number of annual moose permits set aside to be auctioned shall not exceed six. The moose permits, if any, set aside for auction shall be included in the total number of annual moose permits authorized by the Board. The Board shall adopt rules necessary for the Department to establish, implement, and run the auction process. The Commissioner annually may establish a minimum dollar amount of not less than $1,500.00 for any winning bid for a moose permit auctioned under this subdivision. Proceeds from the auction shall be deposited in the Fish and Wildlife Fund and used for conservation education programs run by the Department. Successful bidders must have a Vermont hunting or combination license in order to purchase a moose permit.

(2) If the Board establishes a moose hunting season, the Commissioner shall set aside not more than 10 percent of the total number of annual moose permits authorized by the Board for Vermont residents who have served on active duty in any branch of the U.S. Armed Forces provided that he or she has not received a dishonorable discharge. The total number of annual moose permits set aside for Vermont veterans shall not exceed six. Veterans awarded a moose permit under this subsection shall possess a valid Vermont hunting license or combination license in order to purchase a moose permit. The Department of Fish and Wildlife shall coordinate with the Office of Veterans Affairs to provide notice to eligible veterans of the moose permits set aside under this subsection.

(3) The Department of Fish and Wildlife shall adopt a procedure to implement the set-aside program for auction and for veterans, including a method to award applicants bonus points and a method by which auction participants and veterans who applied for but failed to receive a permit in one hunting season are awarded priority in the subsequent moose hunting season. The procedure adopted under this subdivision may include a provision for freezing bonus points in the event that the Board does not approve a moose hunting season or approves a small number of permits for the moose hunting season. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1963, No. 126, § 1, eff. Jan. 1, 1964; 1967, No. 373 (Adj. Sess.), § 1, eff. March 27, 1968; 1973, No. 169 (Adj. Sess.), § 1; 1973, No. 173 (Adj. Sess.), § 1; 1977, No. 111, § 2, eff. Jan. 1, 1978; 1977, No. 225 (Adj. Sess.), §§ 1, 2, 10, eff. April 12, 1978; 1989, No. 87, § 1, eff. June 6, 1989; 1989, No. 190 (Adj. Sess.), § 3; 1993, No. 192 (Adj. Sess.), § 1; 1997, No. 59, § 42, eff. June 30, 1997; 1997, No. 155 (Adj. Sess.), § 42, eff. Jan. 1, 1999; 1999, No. 30, § 3, eff. Jan. 1, 2001; 2001, No. 65, § 19, eff. Jan. 1, 2002; 2003, No. 163 (Adj. Sess.), § 13, eff. Nov. 1, 2004; 2005, No. 42, § 1;  No. 72, § 11a; 2007, No. 98 (Adj. Sess.), § 1; 2009, No. 146 (Adj. Sess.), § B11; 2011, No. 128 (Adj. Sess.), § 28; 2013, No. 78, § 7; 2015, No. 61, §§ 2, 14, eff. June 17, 2015; 2017, No. 170 (Adj. Sess.), § 4, eff. May 22, 2018; 2019, No. 14, § 43, eff. April 30, 2019; 2019, No. 50, § 5, eff. Jan. 1, 2020.)