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Speaker outlines scope of Fish and Wildlife Board authority over hunting, fishing and trapping rules
Summary
Mike Greg briefed the Natural Resources & Energy committee on how Vermont law divides rulemaking authority between the Fish and Wildlife Board and the commissioner, noting statutory provisions in Title 10, Part 4, the 1961 codification of board rules, and recent controversies over trapping rules and procedures for bag limits.
Mike Greg, a presenter, told the Natural Resources & Energy committee that state law places wildlife in public trust and that the legislature has delegated certain rulemaking and management duties to the commissioner of Fish and Wildlife and to the Fish and Wildlife Board.
"The wildlife of the state, under the constitution, under common law, and under statute are held in trust by the state for the benefit of the citizens," Greg said, summarizing the public-trust foundation for state wildlife law.
Greg said the legislature placed many Fish and Wildlife Board rules into statute in 1961 and that those statutory provisions remain operative "until such time as amended, revoked, or superseded by an act of the general assembly or by the fish and wildlife board." He explained that statutory text therefore controls when there is any inconsistency between a statute…
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