Section 1 Purpose
Section 5215(b) Title 10 V.S.A.
The proper care of distressed wildlife requires special
knowledge and facilities not possessed by the general public. The purpose of
this Regulation is to establish a licensed group of individuals collectively
called Wildlife Rehabilitators to provide for the care of injured, debilitated,
and in certain cases, orphaned wildlife so that such wildlife may be returned
to the wild. Licensed pursuant to Vermont Fish and Wildlife Law,
10 V.S.A.,
Section 5215(b), the
Wildlife Rehabilitator is authorized to possess sick or injured wildlife and
provide necessary aid. It is, therefore, possible to achieve more humane care
and an earlier return to the wild.
Nothing in this Regulation authorizes or is intended to
authorize a licensed Wildlife Rehabilitator to practice veterinary medicine in
violation of Vermont State Law, Title 26. However, a licensed veterinarian may
apply to become a rehabilitator. A rehabilitator rendering gratuitous services
in case of emergency should not attempt diagnosis or treatment beyond his or
her level of skill and training. No member of the Fish and Wildlife Department
shall become a Rehabilitator.
Section
2 Definitions
For purposes of this Part:
(a) Commissioner means the Commissioner of
the Department of Fish and Wildlife.
(b) Department means the Department of Fish
and Wildlife.
(c) Permit means the
license to possess wildlife for a limited time issued pursuant to Fish and
Wildlife Law,
10 V.S.A.,
Section 5215(b).
(d) Wild animals means all animals including
birds, other than domestic animals, whether or not native to Vermont, including
the family canidae, any hybrid with domestic dogs.
(e) Wildlife rehabilitation means the
practice of providing care for injured or debilitated wild animals including
their housing, feeding, emergency treatment and release to the wild.
(f) Big Game is defined as deer, bear, moose,
wild turkey, caribou, elk.
(g)
Orphaned wildlife is defined as the young of the year whose survival in the
wild is not possible without the presence of the mother.
Section 3 Qualifications for appointment
(a) A Wildlife Rehabilitator must:
(1) be over the age of 18 years, a resident
of Vermont of good character and reputation in the community as judged by two
character references written by persons not related to the applicant or to each
other;
(2) not have been convicted
of or pleaded guilty to a violation of Vermont Fish and Wildlife Law within the
previous three years, nor have been convicted of any misdemeanor or felony
within the previous three years;
(3) be interviewed by a State Game Warden
employed by the department to assess the applicant's proficiency in wildlife
rehabilitation;
(4) must include in
the application:
a. Name, address, telephone
number and date of birth;
b.
Location of facilities;
c. Related
background experience;
d.
Experience and training;
e. Species
of interest (i.e.: mammals/raptors/
passerines/amphibians/reptiles/all);
f. Name and address of Veterinarian who has
agreed to assist or advise the applicant.
g. Proof of adequate liability insurance to
cover all handlers of wildlife.
Section 4 Appointment
(a) Application for appointment as wildlife
rehabilitator must be submitted to the Chief Game Warden or his designee. The
Chief Game Warden shall investigate and forward his recommendation along with
the application to the Commissioner.
(b) Appointment as a wildlife rehabilitator
will be made by the commissioner after a determination that eligibility
requirements for appointment have been met.
(c) Appointment will continue until:
(1) terminated by the commissioner or his
designee for just cause pursuant to Section 6.
(2) resignation, incapacity or death of the
wildlife rehabilitator.
Section 5 Duties
(a) The wildlife rehabilitator must:
(1) practice wildlife rehabilitation in a
humane and professional manner.
(2)
consult licensed veterinarians as necessary to ensure that proper care is
administered to injured or debilitated wildlife.
(3) not require payment for the care,
treatment or maintenance of wildlife.
(4) comply with applicable provisions of Fish
and Wildlife Law and rules and regulations adopted pursuant thereto and with
the department's instructions concerning methods of wildlife rehabilitation,
reporting requirements and any conditions contained in their license.
(5) display in a prominent place the license
provided by the department.
(6)
submit to the department in a timely manner all required records and reports
properly executed.
(7) notify the
department at least 90 days in advance of moving his/her place of operation to
a new location.
(8) allow
authorized department employees to inspect his/her wildlife rehabilitation
operations and records at any reasonable time.
(9) participate in all training programs as
may be required by the department.
(b) additionally, the wildlife rehabilitator
may distribute, if appropriate, to persons who submit wildlife to them any
material supplied by the department relating to wildlife
rehabilitation.
Section
6 Termination of appointment
(a)
Appointment as wildlife rehabilitator shall be terminated by the commissioner
after a hearing at any time, for any of the following reasons:
(1) the wildlife rehabilitator has ceased to
meet the appropriate eligibility requirements for appointment as set forth in
this Regulation;
(2) the Wildlife
Rehabilitator has failed to perform duties as provided in this
Regulation;
(3) conviction of any
Fish and Wildlife law in this state.
(4) conviction of any law relating to cruelty
to animals.
(b) In cases
where an appointment is terminated, the department must hold a hearing upon
written request of the wildlife rehabilitator within 20 days of written receipt
of the written request. The commissioner may: uphold the termination, or impose
a period of probational approval of continued appointment.
Section 7 Limitations
(a) The Wildlife Rehabilitator permit is not
an authorization for the handling of raptors or other wildlife requiring
Federal permits, see Section 7(e), nor is the permit a blanket authorization
for the rearing of orphaned wildlife. Orphaned wildlife, except for threatened
or endangered species, shall be immediately returned to the wild as soon as
they can survive on their own.
(b)
Big Game Animals - Rehabilitators will not attempt to rehabilitate any big game
animal except as delineated below. (Big game animals are as defined by
10 V.S.A. Section
4001.) Should the rehabilitator receive
notification of an injured big game animal or receive an injured big game
animal from any member of the public, the rehabilitator shall forthwith notify
the nearest available state game warden. The state game warden shall handle the
big game animal by either returning it to the wild, dispatching it in a humane
manner, or, if the animal is a young of the year, he may allow the
rehabilitator to possess the animal until it is well enough to be returned to
the wild. If the officer feels the animal could survive if handled in this
manner, the officer shall notify Fish & Wildlife Headquarters of the
location and name of the licensed rehabilitator. The determination of whether a
big game animal should be dispatched, because of its physical condition, is
solely the responsibility of the officer or officers involved, as indicated by
10 V.S.A. 4749 relating to deer.
(c) The sale, trade, barter or giving away of
any live or dead animal, or parts thereof, is prohibited.
(d) No human contact, other than the
licensee, their assistants, and a licensed Veterinarian is permitted, nor will
any wildlife be viewed by the general public. This section does not preclude
Fish and Wildlife Department Wardens or biologists from inspecting the captive
animals in the performance of their duties.
(e) All Rehabilitators wishing to handle
raptors and threatened or endangered species must have the proper Federal
and/or State permits in their possession prior to handling same.
(f) Records - submission. The wildlife
rehabilitator shall submit such reports as required by the Commissioner. Such
reports shall be filed with the Division of Law Enforcement in Waterbury,
Vermont on a monthly basis indicating type of animal, reason for acceptance,
name and address of individual submitting the animal and nature of injuries or
illness.
Section 8
Housing and feeding of wildlife
Wild animals acquired and handled pursuant to this regulation
shall be housed, fed and cared for as recommended by the Biologists of the Fish
and Wildlife Department and the Rehabilitators' consulting
Veterinarian.
