Establishment

V.S.A. tit. 10, ch. 103, subch. 1

in effect

10 V.S.A. § 4041 Department of Fish and Wildlife; Fish and Wildlife Board; members, term, chair

4041. Department of Fish and Wildlife; Fish and Wildlife Board; members, term, chair (a) There is hereby established a Department of Fish and Wildlife that shall be administered by the Commissioner. (b) There is hereby established a Fish and Wildlife Board. The Board shall consist of 14 members, one from each county, appointed by the Governor with the advice and consent of the Senate. The members of the Board shall be appointed for a term of six years, or unexpired portion thereof, and during their terms shall reside in the county from which they are appointed. In the event a member no longer resides in the county from which he or she was appointed, the Governor shall appoint a member from that county for the unexpired portion of the term. Appointments shall be made in such manner that either two or three terms shall expire each year. A member serving a full six-year term shall not be eligible for reappointment. The Governor shall biennially designate a chair. Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1965, No. 22, eff. April 8, 1965; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1985, No. 215 (Adj. Sess.), § 1, eff. June 2, 1986; 2003, No. 136 (Adj. Sess.), § 1; 2013, No. 161 (Adj. Sess.), § 72.

10 V.S.A. § 4042 Commissioner; appointment

4042. Commissioner; appointment The Commissioner shall be appointed pursuant to the provisions of 3 V.S.A. § 2851. The Commissioner shall also be Executive Secretary of the Board. Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1985, No. 215 (Adj. Sess.), § 2, eff. June 2, 1986.

10 V.S.A. § 4045 Cooperative fisheries projects

4045. Cooperative fisheries projects The State of Vermont hereby assents to the provisions of the act of Congress entitled “An act to provide that the United States shall aid the states in fish restoration and management projects, and for other purposes,” approved August 9, 1950 (Public Law 681-81st Congress) and the Department of Fish and Wildlife is hereby authorized, empowered, and directed to perform such acts as may be necessary to the conduct and establishment of cooperative fisheries restoration project, as defined in said act of Congress, in compliance with said act and with rules and regulations promulgated by the U.S. Secretary of the Interior thereunder. No funds accruing to the State of Vermont from fishing license fees shall be diverted for any other purpose than the administration of the Department of Fish and Wildlife. Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 158 (Adj. Sess.), eff. April 13, 1984.

10 V.S.A. § 4046 Cooperative wildlife projects

4046. Cooperative wildlife projects (a) The State of Vermont hereby assents to the provisions of the act of Congress entitled “An act to provide the United States shall aid the states in wildlife restoration projects, and for other purposes,” approved September 2, 1937 (Public Law, No. 415, 75th Congress), and the Secretary is hereby authorized, empowered, and directed to perform such acts as may be necessary to the conduct and establishment of cooperative wildlife restoration projects, as defined in said act of Congress, in compliance with said act and with rules and regulations promulgated by the U.S. Secretary of the Interior thereunder; and no funds accruing to the State of Vermont from license fees paid by hunters shall be diverted for any other purpose than the administration of the Department of Fish and Wildlife. (b) The Secretary may form cooperative agreements with the U.S. Secretary of the Interior under section 6(c) of the Endangered Species Act of 1973, Public Law 93-205, 16 U.S.C. § 1535(c), for the purpose of implementing chapter 123 of this title. Entry into any cooperative agreement shall not require the State to carry on any program in the event that federal funds are withdrawn or terminated. (c) Any funds or in-kind services received by the State shall be administered by the Secretary. Amended 1981, No. 188 (Adj. Sess.), § 3; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1991, No. 230 (Adj. Sess.), § 3.

10 V.S.A. § 4047 Department of Fish and Wildlife funds

4047. Department of Fish and Wildlife funds (a) The receipts of the Department of Fish and Wildlife shall not become a part of the General Fund of the State but shall be used solely for the Department of Fish and Wildlife. Interest on the cash balance of Department receipts shall likewise accrue to the Department. (b) The State of Vermont assents to the provisions of the Pittman-Robertson Wildlife Restoration Act of September 2, 1937, as amended (16 U.S.C. §§ 669-669i) and the Dingell-Johnson Sport Fish Restoration Act of August 1950, as amended (16 U.S.C. §§ 777-777k) and diversion of license fees paid by hunters and anglers to purposes other than the administration of the Department of Fish and Wildlife is prohibited. (c) Receipts for each fiscal year in excess of the amount appropriated for each fiscal year shall remain in the Fish and Wildlife Fund and be carried forward to the following year. If appropriations exceed receipts, the Commissioner of Finance and Management may anticipate receipts and issue warrants based thereon. With the approval of the Emergency Board, funds not to exceed $100,000.00 each fiscal year may be appropriated to the Department if needed for any emergency under the jurisdiction of the Board or Department that may occur during any fiscal year. (d) With the approval of the Emergency Board, funds not to exceed $300,000.00 may be appropriated each fiscal year for the purpose of purchasing land to achieve the purposes of the Department. Such purchase(s) shall be in accordance with the provisions of this title. Each purchase shall be approved by the Emergency Board. These funds may be used in conjunction with funds provided by other State agencies, the federal government, or any provider or quasi-public entity. (e) Receipts from tuition charged for attendance at Green Mountain Conservation Camps shall be deposited in the Fish and Wildlife Fund. (f) A Species and Habitat Conservation Fund is created within the Fish and Wildlife Fund. The Commissioner may solicit federal funds, grants, and private contributions and may accept mitigation payments directed toward fish and wildlife species and habitat conservation. Such monies shall be deposited in the Species and Habitat Conservation Fund, and the Commissioner may make expenditures from the Fund for purposes of species and habitat conservation. Interest accrued on the Fund shall be credited to the Fund. Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 95, § 307; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1991, No. 230 (Adj. Sess.), § 4; 1993, No. 210 (Adj. Sess.), § 206; 1995, No. 5, § 43, eff. March 3, 1995; 1995, No. 178 (Adj. Sess.), § 385, eff. May 22, 1996; 1995, No. 186 (Adj. Sess.), § 18, eff. May 22, 1996; 1997, No. 2, § 73, eff. Feb. 12, 1997; 1997, No. 155 (Adj. Sess.), § 40, eff. Jan. 1, 1999; 2003, No. 70 (Adj. Sess.), § 26, eff. March 1, 2004; 2003, No. 163 (Adj. Sess.), § 46, eff. Aug. 20, 2004; 2007, No. 76, § 26; 2011, No. 128 (Adj. Sess.), § 26.

10 V.S.A. § 4047a Raffles; Department authority

4047a. Raffles; Department authority (a) Notwithstanding the provisions of 13 V.S.A. chapter 51, the Department may organize and execute raffles to dispose of property, and a person may participate in raffles executed by the Department, provided that the proceeds of raffles executed under this section shall be used solely to fund actions fulfilling or consistent with the purposes of the Department. (b) All monies received by the Department under this section shall be deposited in the Fish and Wildlife Fund to be used for the purposes of that Fund. Added 2013, No. 78, § 1.

10 V.S.A. § 4048 Nongame Wildlife Account; expenditures

4048. Nongame Wildlife Account; expenditures (a) A Nongame Wildlife Account is created and shall consist of: (1) funds appropriated by the General Assembly, subject to availability of funds generated pursuant to 32 V.S.A. § 5862a; (2) funds from public and private sources that the Commissioner accepts for the Fund; (3) funds from federal government aid for State activities in nongame conservation; and (4) interest on the cash balance of the account. (b) For purposes of this section, nongame wildlife shall consist of members of nongame species that are native to this State, that are not classified as domesticated, and that are not commonly taken for sport or profit. (c) Amounts in the account shall carry over from year to year. (d) The Commissioner of Fish and Wildlife, according to the provisions of 3 V.S.A. chapter 25, shall adopt a rule establishing a plan for nongame wildlife. The rule may be amended from time to time, and shall be reviewed, after public hearings, at least every five years. The plan shall contain: (1) strategies to manage, inventory, preserve, protect, perpetuate, and enhance all nongame wildlife in the State, including identification of wildlife species in need of protection and information on their population distributions, habitat requirements, limiting factors, and other pertinent biological and ecological data on nongame wildlife species in need of protection; (2) estimates of resources available for these strategies; and (3) plans for research and education in nongame wildlife. (e) In accordance with the plan, the Commissioner of Fish and Wildlife may make expenditures from the Nongame Wildlife Account. Expenditures shall be restricted to programs specified in the duly adopted plan. Expenditures may be made under the terms of contracts with private organizations and groups, consistent with the purposes of the plan. Expenditures shall not exceed the monies available in the Account. (f) The Commissioner of Fish and Wildlife may take appropriate actions to encourage taxpayers to make designations to the Account, including explaining the purposes of the Fund and the uses to which the Account has been or will be applied. Added 1985, No. 191 (Adj. Sess.), § 3, eff. May 14, 1986; amended 1991, No. 230 (Adj. Sess.), § 5.

10 V.S.A. § 4049 Fish and Wildlife Trust Fund

4049. Fish and Wildlife Trust Fund (a) The General Assembly recognizes the importance to the people of Vermont of conserving Vermont’s fish and wildlife resources. Therefore, in order to provide the opportunity for Vermonters to invest in the future of its fish and wildlife resources, there is hereby created a Fish and Wildlife Trust Fund within the Fish and Wildlife Fund that shall consist of: (1) receipts from sales of any lifetime licenses created pursuant to subsection 4279(f) of this title; (2) any gifts, grants, or contributions made to the Trust Fund; (3) funds that may be appropriated by the General Assembly. (b) The Commissioner, after consultation with the Secretary of Natural Resources, the Secretary of Administration, and the State Treasurer, may determine whether the Trust Fund is to be managed by the State Treasurer or by a private firm contracted by the State Treasurer at the direction of the Commissioner. (c) When the balance of the Trust Fund reaches $250,000.00, the Commissioner may withdraw interest as needed for operation of departmental programs. The principal shall remain in the Trust Fund in perpetuity, even should provisions of law regarding lifetime licenses be repealed. (d) [Repealed.] Added 1991, No. 205 (Adj. Sess.), § 1, eff. July 1, 1993; amended 1993, No. 191 (Adj. Sess.), §§ 2, 3; 1997, No. 155 (Adj. Sess.), § 41, eff. April 27, 1998; 1997, No. 155 (Adj. Sess.), § 41, eff. Jan. 1, 1999.

10 V.S.A. § 4049a Green Mountain Conservation Camp Endowment Fund

4049a. Green Mountain Conservation Camp Endowment Fund (a) There is established in the Agency of Natural Resources a fund to be known as the Green Mountain Conservation Camp Endowment Fund, to be managed by the Secretary and from which expenditures may be made by the Commissioner of Fish and Wildlife, after consultation with the Green Mountain Conservation Camp Fund Committee, for the purpose of supporting the maintenance of and enhancements to the Green Mountain Conservation Camps in Castleton and Woodbury and for the Camps’ ongoing expenses such as the purchase of recreation equipment. There shall be deposited into the Fund monies received by the Agency and designated for this purpose, including appropriations of the General Assembly, grants, and donations. (b) Interest from the Fund shall be credited annually to the Fund, and the amount in the account shall carry forward from year to year. Added 2003, No. 63, § 64, eff. June 11, 2003; amended 2005, No. 93 (Adj. Sess.), § 86, eff. March 3, 2006.

10 V.S.A. § 4049b Green Mountain Conservation Camp Endowment Fund Committee

4049b. Green Mountain Conservation Camp Endowment Fund Committee (a) There is created a Green Mountain Conservation Camp Endowment Fund Committee comprising five members who shall serve for concurrent terms of four years. Members of the Committee shall be appointed by the Commissioner of Fish and Wildlife as follows: two members shall be chosen from the employees of the Department; the three other members shall be chosen on the basis of fundraising experience. (b) The Committee shall promote and seek contributions to the Green Mountain Conservation Camp Endowment Fund established by section 4049a of this title. The Committee may use any technique, method, or service that is otherwise authorized by law to promote contributions to the Fund and may use a portion of the Endowment Fund for the purpose. (c) [Repealed.] Added 2003, No. 63, § 65, eff. June 11, 2003; amended 2005, No. 93 (Adj. Sess.), § 87, eff. March 3, 2006; 2009, No. 33, § 83(e)(4).

10 V.S.A. § 4050 Watershed Management Account

4050. Watershed Management Account (a) There is created a Watershed Management Account within the Fish and Wildlife Fund for the purpose of protecting the Lake Champlain, Lake Memphremagog, and Connecticut River and Hudson River watersheds. The Account shall consist of: (1) receipts from sale of conservation motor vehicle registration plates pursuant to 23 V.S.A. § 304b; (2) any gifts, grants, or contributions made to the account; (3) funds that may be appropriated by the General Assembly. (b) Interest from the Account shall be credited annually to the Watershed Management Account and the amount in the Account shall carry over from year to year. (c) The Commissioner may make expenditures from the Account in the form of grants to local or regional governments or governmental agencies, or nonprofit or citizen groups for the following purposes: (1) protection of fish and wildlife habitats; (2) improvement of water quality and protection of shorelines; (3) provision of recreational access and trails within the watershed areas; (4) identifying and protecting historic and cultural resources in the watershed areas; (5) activities that educate people about watershed resources and protection and that encourage citizen participation in protecting watershed resources; (6) monitoring of fish and wildlife populations of watershed resources and water quality. (d) [Repealed.] Added 1995, No. 189 (Adj. Sess.), § 15, eff. May 22, 1996; amended 2009, No. 33, § 83(e)(5).

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/10/103Fetched: 10/21/2026