Annual Review of Legislative Action on Wildlife

Vermont Wildlife Coalition P.O. Box 987 Shelburne, VT 05482 [email protected] Dear Vermonter, The Vermont 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 2 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. Amy Sheldon, Chair •Sen. Corey Parent •Rep. Paul Lefebvre, Vice Chair •Rep. Trevor Squirrell, Ranking Member •Rep. Christopher Bates •Rep. Katherine “Kari” Dolan •Rep. James McCullough •Rep. Leland Morgan •Rep. Carole Ode •Rep. Harvey Smith •Rep. Thomas Terenzini 3 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

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