12-072 Code Vt. R. 12-010-072-X - SPECIAL OPPORTUNITY YOUTH MOOSE LICENSE RULE

Section 1.0 Authority

In accordance with 10 V.S.A. § 4255(f), this rule provides the criteria and procedure for issuing a no-cost moose license to a child or young adult age 21 years or younger who has a life threatening disease or illness and who is sponsored by a qualified charitable organization.

Section 2.0 Purpose

The purpose of this rule is to provide the criteria and procedure for issuing up to one annual no-cost moose license to a child or young adult, 21 or younger, who has a life threatening disease or illness, implementing the policy found in ACT NO. 163, AN ACT RELATING TO EXECUTIVE BRANCH FEES, as passed by the General Assembly in 2004.

Section 3.0 Definitions
3.1 "Accompany" means being able to communicate without the aid of artificial devices except medically prescribed eyeglasses or hearing aids.
3.2 "Department" means the Vermont Department of Fish and Wildlife.
3.3 "Qualified Child or Young Adult 21 Years of Age or Younger" means a person twenty-one years of age or younger who has been determined by a licensed physician to have a life-threatening disease or illness.
3.4 "Qualified Charitable Organization" means a nonprofit organization that is qualified under section 503(c)(3) of the United States Internal Revenue Code and that affords opportunities and experiences to qualified children or young adults with life threatening diseases or illnesses.
3.5 "Applicant" means a person twenty-one years of age or younger who has been determined by a licensed physician to have a life-threatening disease or illness and who has submitted an application for a no-cost moose license through a qualified charitable organization to the Department.
Section 4.0
Section 5.0 Permit Selection Process
5.1 If more than one application is received the Department will hold, or cause to be held, a transparent, random drawing wherein all persons who have submitted a complete application will be chosen to have the opportunity to obtain a permit.
5.2 The successful applicant will be notified by mail, and will receive a permit form to complete.
5.3 A valid moose hunting permit will be issued to the successful applicant only after the permit form has been completed and returned to the Department.
Section 6.0 Support Personnel and Second Shooter
6.1 The Permittee may designate up to five (5) support personnel who may accompany the applicant on the moose hunt, one of whom may be designated as a second shooter as described in Section 6.3 of this rule. Once the Permittee has provided the names of the support personnel to the Department, no change to this selection will be allowed except for personal or family illness or disability and then only if an application to the Commissioner, or designee, is made in writing and received no later than 12:00 noon on the Wednesday immediately preceding the opening of the moose season.
6.2 The Permittee may designate one (1) person to act as second shooter. The designated person may only discharge a firearm in order to dispatch an animal if the Permittee has taken the initial shot with the intent to take the animal and is incapable of dispatching it on his or her own. The designee must have and carry a valid Vermont hunting license. Once the applicant has provided the name of the designee to the Department, no change to this selection will be allowed except for personal or family illness or disability and then only if an application to the Commissioner, or designee, is made in writing and received no later than 12:00 noon on the Wednesday immediately preceding the opening of the moose season.
6.3 In addition to the Permittee, only the designated second shooter may carry a firearm or bow.
Section 7.0 Other Requirements and Alternates
7.1 No Permittee may be designated as a subpermittee on another Vermont moose hunting permit in the same year.
7.2 All laws and regulations pertaining to the hunting and taking of big game in Vermont apply to a Qualified Child or Young Adult 21 Years of Age or Younger issued a no-cost moose license under this rule, except as specifically modified by this regulation.
7.3 The Permittee and the designated second shooter must hold a valid Vermont hunting licenses in addition to the valid moose hunting permit.
7.4 When moose hunting, the Permittee must carry the permit. The permit is only valid for the hunting within the approved WMU.
7.5 The support personnel must always accompany the successful applicant.
7.6 If the Permittee is unable to complete the hunt due to illness or physical disability, an alternate may be may be selected as described in paragraphs 5.1, 5.2 and 5.3.

Notes

12-072 Code Vt. R. 12-010-072-X
STATUTORY AUTHORITY: 10 V.S.A. §§ 4081, 4082, 4255
EFFECTIVE DATE: September 13, 2005 Secretary of State Rule Log #05-031
AMENDED: May 18, 2010 Secretary of State Rule Log #10-020

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