Section 1.0 Authority
This rule is adopted pursuant to
10 V.S.A. §
4081(a). In adopting 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 4084(a)(4), the Fish and Wildlife Board
has the authority to prescribe the manner and means of taking any species or
variety, and including reporting and tagging of game.
Section 2.0 Purpose
The purpose of this rule is to restrict the taking of wild
animals by use of aircraft and drones.
Section 3.0 Definitions
a) "Aircraft" means a contrivance used for
navigation of or flight in the air and specifically includes, but is not
limited to, planes, helicopters, hang-gliders, hot air balloons and any other
device that allows a person to fly or hover above the ground.
b) "Take or taking" as defined in
10 V.S.A. §
4001: pursuing, shooting, hunting, killing,
capturing, trapping, snaring and netting fish, birds and quadrupeds and all
lesser acts, such as disturbing, harrying or worrying or wounding or placing,
setting, drawing or using any net or other device commonly used to take fish or
wild animals, whether they result in the taking or not; and shall include every
attempt to take and every act of assistance to every other person in taking or
attempting to take fish or wild animals, provided that when taking is allowed
by law, reference is had to taking by lawful means and in lawful
manner.
c) "Unmanned aerial
vehicle" means any device capable of flying in the air which is remotely,
automatically or otherwise piloted without an occupant, including but not
limited to drones.
d) "Wild animal"
as defined in
10 V.S.A. §
4001: all animals, including birds, fish,
amphibians, and reptiles, other than domestic animals.
Section 4.0 Aerial Hunting and Taking
Prohibitions; Generally
4.1 It shall be
unlawful for any person to take or attempt to take wild animals while a person
is in an aircraft.
4.2 It shall be
unlawful for any person to take or attempt to take wild animals by use of an
UAV.
4.3 It shall be unlawful for
any person within an aircraft, or with the use of a drone or UAV, to:
a) attempt to locate, surveil, or aid or
assist in attempting to locate or surveil any wild animal, for the purpose of
taking or attempting to take the wild animal; or
b) drive or harass any wild animal, or
otherwise aid or assist in taking or attempting to take a wild
animal.
Section
5.0 Authorized Exceptions
Nothing in this rule shall be construed to relieve or modify
the requirement to comply with applicable state and federal regulations,
regarding aircraft and UAVs or, to apply to qualified personnel carrying out
their lawful duties, in compliance with applicable state and federal
regulations and permits, regarding aircraft and
"UAVs".
