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.