12-069 Code Vt. R. 12-010-069-X - RULE GOVERNING THE IMPORTATION AND POSSESSION OF DEER OR ELK CARCASSES FROM CHRONIC WASTING DISEASE ENDEMIC AREAS, AFFECTED AREAS AND OUT-OF-STATE CAPTIVE HUNT OR FARM FACILITIES

Section 1.0 Authority

This rule is promulgated pursuant to 10 V.S.A. § 4081. In promulgating 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.

In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of the regulated species and other necessary or desirable species which are related to the regulated species.

This rule applies to importation and possession of deer or elk carcasses or the parts thereof, from chronic wasting disease endemic and affected areas, and out-of-state captive hunt and farm facilities.

This rule shall apply to all persons who import, possess, transport, use, or deal with deer or elk carcasses, or parts thereof, from chronic wasting disease endemic affected areas and out-of-state captive and farm facilities.

Section 2.0 Purpose

The purpose of this rule is to:

a) ensure the conservation of the wildlife in the state, and

b) maintain the best health of native cerdivae of the state, and

c) prevent the introduction or spread of a disease that is potentially harmful to humans and wild species.

Section 3.0 Permitted Activities and Restrictions

The importation or possession of deer or elk carcasses, or the parts thereof, from chronic wasting disease endemic areas, affected areas and out-of-state captive hunt and farm facilities is prohibited except as provided below:

a) Meat that is cut up and packaged, and not mixed with other deer or elk during processing.

b) Meat that is boneless.

c) Hides or cape with no part of the head attached.

d) Clean skull-cap with antlers attached.

e) Antlers with no other meat or tissue attached.

f) Finished taxidermy heads.

g) Upper canine teeth with no tissue attached.

h) The Commissioner may issue a letter authorizing the importation of cervid tissue specimens for CWD testing by a USDA certified laboratory if he or she determines that there is no significant threat to Vermont's native cervid population and there is a need for the testing.

All hunters shall identify their deer and elk with their non-resident license information in accordance with 10 V.S.A § Appendix 2a.

Section 4.0 Chronic Wasting Disease Endemic Areas

. The department, in cooperation with the Department of Agriculture, Food and Markets shall provide a list of chronic wasting disease endemic and affected areas and shall update the list as areas added or deleted.

. The list shall be available on the department's web site, from the department's headquarters and from the department's district offices. The list shall also be made available to the media as much as practicably possible to provide maximum notice to the public.

Section 5.0 Definitions

. Affected State means any state, province or department in which CWD has been diagnosed in a captive cervid herd and the Commissioner has determined there remains sufficient concern or undetermined risk for the presence of CWD in the state, province or department.

. Out-of-state Captive Hunting Facilities are any facilities with captive deer or elk held in a fenced or walled enclosure for the purpose of taking by hunting that are located outside the borders of Vermont.

. Endemic Area is any state, province or department in which CWD has been diagnosed in a wild or free ranging cervid.

. Out-of-state Farm Facilities are any facilities with captive deer or elk held in a fenced or walled enclosure and are raised for meat, hides, antlers or other products that are located outside the borders of Vermont. 10 V.S.A. §§ 4081, 4082

Notes

12-069 Code Vt. R. 12-010-069-X

EFFECTIVE DATE: June 4, 2003 Secretary of State Rule Log # 03-14