Vermont § 18 - Governing the importation and possession of wild animals, excluding fish 1.0 Authority. 1.1 This rule is adopted pursuant to 10 V.S.A. § 4081

§ 18. Governing the importation and possession of wild animals, excluding fish 1.0 Authority. 1.1 This rule is adopted pursuant to 10 V.S.A. § 4081

• (a) and (b) which authorizes the Board to carry out the purposes of protecting the State’s
  wildlife, and 10 V.S.A. § 4709 which regulates the importation and possession of wild birds and animals in the State
  and establishes a permit application fee, and 10 V.S.A. § 4152 establishes scientific and education collection permits. 2.0 Purpose. 2.1 It is the purpose of this regulation to carry out the mandate of the Vermont General
  Assembly to control through a permit program the importation and possession of wild
  animals in Vermont as provided in 10 V.S.A. § 4709. It is the purpose of this statute and its regulations to protect the health, safety
  and welfare of animals, both wild and domestic, to prevent damage to agriculture and
  livestock, and to protect the health, safety and welfare of human inhabitants of the
  State of Vermont. 3.0 Definitions. 3.1 (Wild Animals or Wildlife) — All animals, including mammals, birds, amphibians and
  reptiles, excluding fish and those animals defined by the Secretary of Agriculture,
  Food and Markets by rule as pets and those defined as domestic under paragraph 3.2
  of this rule. Included in this definition is any part, product, egg, offspring, dead
  body, or part of the dead body of any such wildlife. Wildlife includes all subspecies
  of wildlife and any other group of wildlife of the same species, the members of which
  may interbreed when mature, including any hybrid species except wolf-hybrids. Wild
  animals taken or possessed, or reared in captivity remain wild animals and are not
  domestic or tame animals. 3.2 (Domestic Birds and Animals) — The Department shall provide a list of domestic animals
  and shall update the list as needed, adding or deleting animals as necessary. 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. 3.3 (Board) — Vermont Fish and Wildlife Board 3.4 (Department) — Vermont Fish and Wildlife Department 3.5 (Commercial) — To sell, have sold, or offer for sale as defined in 10 V.S.A. § 4001(22); barter, exchange and offering or exposing for sale; and possession with the intent
  to sell, import, or export. 3.6 (Commissioner) — Fish and Wildlife Department Commissioner as defined in 10 V.S.A. § 4001(27). 3.7 (Dealer) — Any person, who commercially buys or sells any wild animal, as defined
  in 3.5. 3.8 (Unrestricted Wild Animals) — Those species determined not to conflict with the purposes
  of this regulation. 3.9 (Native Wildlife) — Native to the State of Vermont, either historically or at present. 4.0 Importation or possession of wild animals. 4.1 Except as otherwise provided by law, it is unlawful for any person to bring into or
  possess in the State of Vermont any live wild animal, or live ovum or semen thereof,
  of any kind, unless upon application in writing, the person obtains from the Commissioner
  a permit to do so; or the species of animal, ovum, or semen is listed as a domestic
  bird or animal, domestic pet, or unrestricted wild animal. 4.2 The importation and possession of dead wild animals, in accordance with all laws and
  regulations applicable in Vermont or the place of origin, for personal use are exempt
  from this regulation. 4.3 The importation, possession and regulation of pests and beneficial organisms regulated
  by the Secretary of Agriculture, Food and Markets is exempt from this regulation. 5.0 Permits. 5.1 Dealer’s Permit. All commercial dealers in Vermont, including, but not limited to pet shop owners,
  persons raising frogs for sale as institutional experimental animals, and all persons
  who import, export, and/or sell wild birds and animals must first obtain a valid Dealer’s
  Permit from the Department. (a) Except as provided herein, the Commissioner shall not issue a permit for the keeping
  or possession of any wild animal in captivity, except for bona fide scientific or
  educational purposes as permitted by (10 V.S.A. § 4152). (b) For purposes other than importation and possession for bona fide research and
  educational purposes, the Commissioner shall not issue a permit unless it has been
  determined that the wild animal or wildlife proposed to be brought into or possessed
  in the State does not conflict with the purpose of this regulation. The Commissioner
  shall establish a list of Unrestricted Wild Animals that do not conflict with the
  purpose of this regulation, are commonly sold in the pet trade, and do not require
  an Importation and Possession Permit from the Department. (c) The Unrestricted Wild Animals List will consist of those species that are determined
  to be no threat to the State’s native wildlife, minimal threat to human health and
  safety, and suitable as pets for the residents of the State. This list is expected
  to be revised periodically by the Commissioner depending on recent pet trade trends,
  disease, and health issues. The list shall be posted on the Department website and
  made available at the Department’s central and district offices. In accordance with 10 V.S.A. § 4152, the Commissioner may issue permits to collect birds, their nests and eggs and wild
  animals, or their parts thereof, for public scientific research, educational purposes,
  art, or photography. Any person who collects any wild animal within the boundaries of the State of Vermont
  and sells said wild animal must obtain a Commercial Collection Permit from the Department. Any person importing or possessing any wild animal for the purposes of temporary exhibition
  must obtain from the Commissioner a permit to do so; unless the species is listed
  as a domestic bird or animal, domestic pet, or unrestricted wild animal. Any person breeding and propagating wild birds and animals in accordance with 10 V.S.A. § 5207 must obtain from the Commissioner a license to do so; unless the species is listed
  as a domestic bird or animal, domestic pet, or unrestricted wild animal. 6.0 Permit Application. 6.1 Applications for a permit for importation and possession, scientific and educational
  collection, commercial collection, temporary exhibition, or propagation must be complete
  and submitted to the Department on an application form to be provided by the Department.
  For an application to be complete, it must be legible, must contain all of the information
  requested by the Department, shall contain no false statements, must bear the applicant’s
  official signature, and must be accompanied by the required application fee. 7.0 Facilities. 7.1 Any person permitted to import, possess, or collect wild animals shall provide adequate
  facilities as required by the Commissioner. Conditions may be imposed that require
  specific conditions for captivity or exposure to humans (e.g., prohibit the touching
  of wild animals by any person other than the permit holder). 8.0 Inspections. 8.1 Persons holding a permit for dealer, importation and possession, scientific and educational
  collection, commercial collection, or temporary exhibition shall allow inspection
  at reasonable times of their premises, facilities, records and wild animals by a State
  Game Warden, or other Department representative. 8.2 If upon inspection, a wild animal is not being kept as required by the conditions
  of the permit, or the presence of disease has been determined, destruction of the
  wild animal may be required by the Commissioner. 9.0 Violations. 9.1 Any wild animal that is taken, imported or possessed in violation of this regulation,
  or is kept in violation of any permit issued may be confiscated and disposed of in
  accordance with 10 V.S.A. § 4513. Permit violations and violations of Part 4 of Title 10 may result in the revocation of the permit. (Added 2008, Fish and Wildlife Board Reg. No. 881, eff. Jan. 23, 2008.)