Vermont Wildlife Coalition

P.O. Box 987 Shelburne, VT 05482 [email protected]

Dear Vermonter,

The Wildlife Coalition is pleased to present the second edition of the Annual Review of Legislative Action on Wildlife. This edition covers the 2019-20 legislative session. It will:

1) update you on current wildlife issues in the form of actual and proposed bills before the legislature, 2) show, when information is available, where legislators, the governor, the Department of Fish & Wildlife and the Fish and Wildlife Board stand on those issues. It will be up to you to decide whether these parties are representing your interests, 3) clarify who is making decisions about Vermont’s wildlife.

Why should you care? One compelling reason is that wildlife is an essential member of the ecological community that sustains all life, including humans. Another reason is that by law, wildlife is held in trust by the state for Vermonters, present and future. We can separate out the ways that different groups enjoy wildlife, but no group owns wildlife or can claim rights above those of other Vermont citizens with respect to wildlife. Finally, wildlife in 2019 faces impacts from many directions. Those include cultural shifts in attitudes towards animals, declining interest in hunting/trapping, global warming, habitat loss to development, increased human-animal interactions, pollution, declining department revenue from traditional sources, and dramatic changes in conservation science. If you care about wildlife, and understand that wildlife is under threat, you will need to stay informed and take action.

As you look through this issue, you’ll notice that the legislature seemed to have taken little real action regarding wildlife in the past session. That’s true. We are disappointed that so little seemed to have happened in the past year. Few bills were introduced and they failed to travel far. Reasons for this include the late start of operations in the key House committee on wildlife. That committee also spent considerable time working on Act 250 revisions. These revisions, which hopefully will ultimately serve wildlife, are complex and technical. New (and experienced) members needed to get up to speed on them, and that took valuable committee time.

Yet the Act 250 legislation and the four bills we review here all have critical implications for Vermont wildlife and represent the planting of vital seeds for future reward. The legislature works in two year cycles. Watch this coming session (year two) to be more intense, and perhaps more productive. We hope wildlife will make real gains with the bills that are on the table. Call or write to your legislators to let them know you are watching wildlife legislation this year.

The Vermont Wildlife Coalition began as a grassroots effort in 2016. Our mission is to ensure a vibrant and protected future for Vermont’s wild species through wildlife-centered public education and political action. Our ranks include scientists, wildlife watchers, hikers, farmers, hunters, birders, anglers, etc. All share an interest in humane, pro-wildlife policies. Will you join us?

To learn more, visit www.vermontwildlifecoalition.org and our Facebook page. Write to us at [email protected].

ANNUAL REVIEW OF LEGISLATIVE ACTION ON WILDLIFE

GOVERNMENT ORGANIZATIONS OF RELEVANCE:

Vermont Agency of Natural Resources

Environmental Forests, Parks and Fish & Wildlife Conservation Recreation

Fish & Wildlife Board

VERMONT DEPARTMENT OF FISH & WILDLIFE The Department of Fish & Wildlife’s (DFW) official mission is to conserve Vermont's fish, wildlife, plants and their habitats for all Vermonters to enjoy. DFW includes over 125 biologists, game wardens, educational coordinators and support staff in five divisions: Fisheries, Wildlife, Law Enforcement, Outreach and Administration. Traditionally oriented to hunting, trapping and fishing activities, DFW in present times finds itself also charged with search and rescue, fish restoration and conservation, human-wildlife conflict management, boating, snowmobile and ATV enforcement, public boat access, research and management of non-game and endangered/threatened wildlife in an era of global warming and invasive species, habitat protection and acquisition and public outreach and education. The Department works with the Agency of Natural Resources on endangered species listings and with the legislature on relevant legislation. It also manages about $1 million dollars of “grants out” to municipalities, conservation organizations and colleges/universities. DFW also works with the Fish & Wildlife Board in creating and overseeing a host of state regulations and policies regarding hunting, trapping and fishing, and issues licenses related to these activities. DFW alone makes decisions about non-game wildlife.

VERMONT FISH & WILDLIFE BOARD The Fish & Wildlife Board (FWB) is an autonomous, all volunteer entity that make decisions about wildlife regulations and policies that pertain to fish and “game” animals. The Board sets the annual

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ANNUAL REVIEW OF LEGISLATIVE ACTION ON WILDLIFE

antlerless deer and moose hunting permit allocations, for example, and it votes on proposals submitted to and by DFW. It also is meant to serve as a forum for the public to raise issues with the Department. The FWB, in short, gets to decide about a wide range of wildlife issues and create public policy. Staffed by one volunteer per Vermont county (14 total members) and appointed by the governor to serve 6 year terms, the board has no explicit credentials, scientific or other, required for membership. In practice, virtually all FWB members have been drawn from the consumptive community, i.e., hunters, trappers, anglers, taxidermists, etc. A powerful decision- making body with regard to Vermont wildlife, the FWB can choose to override DFW recommendations, and, essentially accountable only to itself, is not required to justify its decisions, individually or as a board, to the governor, the legislature or the public.

House Committee on Natural Resources, Fish Senate Committee on Natural Resources & & Wildlife (Room 47) Energy (Room 8) •The House Committee on Natural Resources, •The Senate Committee on Natural Resources Fish & Wildlife considers matters relating to and Energy has jurisdiction over matters conservation and development of the state's relating to the conservation, development, water resources; conservation and and planning of the State's natural resources, development of lands; land resources; land including water quality, geology, forestry, use; geology; fish and wildlife; natural parks and recreation, and fish and wildlife; habitats; air quality, environmental community and regional planning and permitting; climate change; scenery; and development; and the conservation and solid waste and toxic substances planning of sources of energy. management. Most bills (which if passed by the legislature, become law) that directly •Members (2019-2020 Session): relate to Vermont fish and wildlife originate •Sen. Christopher Bray, Chair in this committee. •Sen. Brian Campion, Vice Chair •Sen. Mark A. MacDonald •Members (2019-2020 Session): •Sen. John Rodgers •Rep. , Chair •Sen. Corey Parent •Rep. Paul Lefebvre, Vice Chair •Rep. , Ranking Member •Rep. Christopher Bates •Rep. Katherine “Kari” Dolan •Rep. James McCullough •Rep. •Rep. Carole Ode •Rep. Harvey Smith •Rep. Thomas Terenzini

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ANNUAL REVIEW OF LEGISLATIVE ACTION ON WILDLIFE

PETITIONS OF RELEVANCE: The following pro-wildlife petitions (which, if accepted, become regulation) were submitted by the public to the Fish & Wildlife Board in the past year:

● Petition to regulate Nuisance Wildlife Control Operators (NWCOs) ○ Initiated by: Protect Our Wildlife Vermont ○ Purpose: NWCOs are businesses that kill wildlife for a fee. They are not required to undergo any training specific to NWCO work, including humane standards, safety protocols, or non- lethal conflict resolution options. Other states have successfully implemented NWCO training and registration requirements, with some states such as NY and CT having robust training manuals and programs. The petition’s purpose was to ensure NWCOs are well trained, offer sustainable solutions and operate in the most humane way possible. ○ DFW position: Opposed the petition ○ Status: FWB voted to reject the petition.

● Petition to establish a closed coyote season ○ Initiated by: Law students at Vermont Law School following a year-long survey of Vermonters. ○ Purpose: End the current 24/7/365 open season on coyotes that singles them out as a species for recreational and wanton killing, and replace it with a season that is closed from March through October. ○ DFW position: Opposed the petition. ○ Status: FWB voted to reject the petition.

BILLS OF RELEVANCE:

H. 357: An act relating to prohibiting the wanton waste of wildlife ○ This bill proposes to prohibit wanton waste of game, fur-bearing species, wild birds or other wildlife. “Wanton waste,” a term describing purposeless killing, clearly violates the North American Model of Wildlife Conservation’s prohibition against the casual killing of wildlife for reasons other than food and fur, self-defense and property protection. ○ Read first time and referred to the Committee on Natural Resources, Fish and Wildlife. Hearings were held. A working subgroup including a committee member, the Commissioner of Fish and Wildlife, two representatives of trapping/hunting organizations though only one wildlife advocate, were appointed to negotiate common ground on certain issues in the bill. The group issued a summary letter outlining their progress in the discussions along with remaining points of disagreement, and they intend to meet again prior to the 2020 session. ○ Sponsors: Rep. Curt McCormack, Rep. ○ https://legislature.vermont.gov/Documents/2020/Docs/BILLS/H-0357/H- 0357%20As%20Introduced.pdf

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ANNUAL REVIEW OF LEGISLATIVE ACTION ON WILDLIFE

H. 190: An Act Relating to the Management of Fish and Wildlife ○ The bill would establish a working group of legislators to review and update state practices and structures involved in management of fish, wildlife and fur-bearing animals: a) The Department of Fish and Wildlife has recognized that Vermont’s population will continue to age and, as a result, the revenues from the sale of angler, hunter and trapper licenses and permits will continue its steady decline. b) At the same time, interest in and involvement with wildlife by the broad public has increased, resulting in a demand for more public contributions to Department revenue and more public voice in management decision-making. c) The working group would identify collaborative, long-term solutions to ensure Vermont’s wildlife is protected and sustainably funded for future generations, and that all Vermonters are allowed to participate in management processes. ○ Sponsors: Rep. Jim McCullough, Rep. Amy Sheldon, Rep. , Rep. Katherine Dolan, Rep. Trevor Squirrell, Rep. Mary Sullivan ○ Read first time and referred to the Committee on Natural Resources, Fish, and Wildlife ○ https://legislature.vermont.gov/Documents/2020/Docs/BILLS/H-0190/H- 0190%20As%20Introduced.pdf

H.410: An Act Relating to Bear Hunting and Trapping ○ This bill would: a) Shorten the bear hound training season by two months, allowing sows to tend to their cubs b) Provide that bear hounds may only be registered under one permit. c) Require that someone who is trapping “nuisance” wildlife for compensation has a license specific to that activity and pay a fee ○ Sponsor: Rep. Jim McCullough ○ Read first time and referred to the Committee on Natural Resources, Fish, and Wildlife ● https://legislature.vermont.gov/Documents/2020/Docs/BILLS/H-0410/H- 0410%20As%20Introduced.pdf

H. 411: An Act Relating to Nuisance Wildlife and Trapping ○ This bill would require the training and licensing of individuals who, for a fee, trap or kill nuisance wildlife: a) Currently, individuals who are paid to trap nuisance wildlife animals are not licensed by the state and undergo no specific training in humane methods or non-lethal conflict resolution options. b) The bill directs the Department of Fish and Wildlife to require licensing and training for commercial operators, encourages use of non-lethal options, and requires use of humane killing methods.

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ANNUAL REVIEW OF LEGISLATIVE ACTION ON WILDLIFE

c) It prohibits the inhumane use of drowning for any wildlife species. ○ Sponsors: Rep. Jim McCullough ○ Read first time and referred to the Committee on Ways and Means ○ https://legislature.vermont.gov/Documents/2020/Docs/BILLS/H-0411/H- 0411%20As%20Introduced.pdf

H.99 and S.29: An act relating to trade in covered animal parts or products ○ This bill would would limit the purchase, sale, or possession with intent to sell of any protected animal product: a) Vermont has the opportunity to protect animals by passing legislation that will restrict the sale of products and parts of elephants, rhinos, tigers, sea turtles and other imperiled species. b) Federal laws do not regulate ivory sales within Vermont. Prohibiting ivory sales within the state would reduce demand and end Vermont’s participation in this trade. ⚫ HOUSE Version (H.99) ○ Sponsors of H.99: Rep. Jim McCollough, Rep. Jessica Brunsted, Rep. Kate Webb and 31 others. ○ Read first time and referred to the Committee on Natural Resources, Fish, and Wildlife ○ https://legislature.vermont.gov/Documents/2020/Docs/BILLS/H-0099/H- 0099%20As%20Introduced.pdf ⚫ SENATE Version (S.29) ○ Sponsors: Sen. Christopher Pearson, Sen. Rebecca Balint, Sen. Alison Clarkson ○ Read first time and referred to the Committee on Economic Development, Housing and General Affairs ○ https://legislature.vermont.gov/Documents/2020/Docs/BILLS/S-0029/S- 0029%20As%20Introduced.pdf

COMMISSIONS:

The Vermont legislature passed Act 250 in 1970 to mitigate the effects of development on natural habitat through an application process that addresses the environmental and community impacts of projects that exceed a certain size threshold. In 2017, the legislature created the Commission on Act 250: The Next 50 Years. The Commission issued its final report with recommendations in January of 2019, along with draft legislation reflecting the proposed changes. It then became the task of the House Committee on Natural Resources, Fish & Wildlife to hold hearings on the draft

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ANNUAL REVIEW OF LEGISLATIVE ACTION ON WILDLIFE legislation, which began to occur over the 2019-20 session, the first of the biennium. Because Act 250 is complex and controversy surrounds some of the recommendations, those hearings will continue in the upcoming session.

The proposed changes would have a significant impact on Vermont’s wildlife. Generally speaking, whether we consider the Commission’s focus on climate change, lowering the elevation threshold for development from 2,500 to 2,000 feet, or concentrating development within enhanced designation areas (towns, villages, growth centers, etc.), the recommendations offer more breathing room to wildlife.

One specific recommendation of particular importance has to do with forest and habitat fragmentation. The DFW has identified habitat loss and fragmentation as one of the major challenges facing Vermont wildlife. The Commission supports passage of the new Criteria 8(B) and 8(C) enacted by the House in 2017. These criteria would require avoidance or mitigation of fragmentation with respect to forest blocks and connecting habitats.

Here is a link to the Commission’s final report https://legislature.vermont.gov/Documents/2020/WorkGroups/Act250/Highlights/Commission %20on%20Act%20250%20Final%20Report.pdf Here is a link to the Committee’s Act 250 page https://legislature.vermont.gov/committee/detail/2020/333

HOW YOUR LEGISLATORS VOTED:

In the 2019-20 session, there were no votes taken on the floor of the House or Senate on wildlife bills.

Note: Legislative votes by individual legislators are not publicly recorded unless a legislator requests that a “roll call” be taken. You can always contact them and ask them how they plan to vote on a particular bill. Since they are not in session, now is a great time to communicate with legislators by phone, email or greeting them in the supermarket.

Here’s a link to locate your legislators: https://legislature.vermont.gov/people/

Find this Review at www.vtwildlifecoalition.org

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