VERMONT BEARHOUND ASSOCIATION POSITION STATEMENT
SILVIO CONTI NATIONAL FISH & WILDLIFE REFUGE
RE:
PURSUIT HOUNDS
Ever since the United States Supreme Court ruled in 1842 that public in New Jersey had
a common right to take oysters and fish in navigable and tidal-waters because they were the property of the public and not
the landowner who owned the shoreline, the concept of public ownership of wildlife has underpinned the management of wildlife
resources in U.S. Law.
This concept has been strengthened and expanded over the past century and a half and enshrined
in many State Constitutions.
The Public Trust Doctrine establishes a Trustee relationship of Government to hold and
manage wildlife and fish for the benefit of the resources and the public, its beneficiary. Inherent in the Public Trust
Doctrine is the notion that Natural Resources are important to the lives of the people and owned by the public. ALL
public then, should have an opportunity to access these resources for the purposes such as fishing, hunting and trapping,
not just the privileged few.
The Vermont Fish & Game Department was established over 100 years ago and is comprised
of professional wildlife wardens, wildlife biologists and managers dedicated to the excellence in wildlife stewardship.
The wardens, biologists, technicians and managers actively work to study, manage, conserve and protect native and desired
non-native wildlife and their habitats statewide within the boundaries of the State of Vermont.
The Vermont Fish &
Wildlife Mission statement reads:
"TO PROTECT AND CONSERVE OUR FISH, WILDLIFE, PLANTS AND THEIR HABITATS FOR
THE PEOPLE OF VERMONT."
This has been the rule for the past 180 years or so, case law supports that the wild
animals are held in trust by the State. Additionally this has been supported for over 400 years of Common Law.
Vermont Constitution Section 67: Hunting, fowling and fishing
The inhabitants of the State shall have the
liberty in seasonal times, to hunt and fowl on lands they hold and on other lands no enclosed, and in like manner to fish
in all boatable and other waters (not private property) under proper regulations, to be made by the Vermont General Assembly.
The U.S. Fish & Wildlife enacts seasons for animals that are under Federal control such as waterfowl
and the Vermont Fish & Wildlife through the Vermont Fish & Wildlife Board adopt the proposed Federal regulations in
order to mirror the regulations and enforce the Federal regulations.
The Silvio Conti National Fish & Wildlife
Refuge should adapt and mirror ALL State laws and regulations.
We urge the Silvio Conti National Wildlife Refuge is
located completely within the boundaries of the State of Vermont and restore Vermont's wildlife management to the rightful
managers to the Vermont Fish & Wildlife. The possible actions by the Silvio Conti National Wildlife Refuge undermine
the foundation of wildlife management in North America and more importantly the State of Vermont. The State of Vermont
needs to restore Vermont's wildlife to its rightful owner, the citizens (ALL) of the State of Vermont.
From Common
Law and then Case Law, the Public Trust Doctrine was created "The Wild Animals belong to the people as a whole and held
in trust by the State".
- Wildlife is held in trust for all Americans
- Any
Legislation that threatens this long held tradition must be opposed.
- The wildlife belongs to the people not any one
individual or organization
Vermont Title 10 V.S.A. Sec. 5001 Hunting dogs; field training:
(a)
While accompanying the dog, a person without a firearm may train a hunting dog to hunt and pursue:
(1)
Bear during the period from June 1 to September 15 and then only from sunrise to sunset;
(2) Rabbits and
game birds during the period from June 1 to the lat Saturday in September and then only from sunrise to sunset;
(3)
Raccoon during the period from June 1 to the last Saturday in September at any time of the day or night;
(4)
Bobcat and fox during the period June 1 to March 15, except during regular deer season as prescribed in 10 V.S.A. § 4741.
(b) The commissioner may permit a person without a gun to train and condition a hunting dog between the second
Monday in March and June 1. The board may adopt rules as it considers necessary to control the training and condition
of hunting dogs.-Added 1961, No. 199, § 1, eff. May 9, 1961; amended 1965, No. 48, eff. May 7, 1965; 1973, No. 178 (Adj.
Sess.), § 6; 1977, No. 137 (Adj. Sess.); 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1991, No. 230 (Adj. Sess.),
§ 28. (b) Amended Generally - made since only fee changes from $15.00 to $50.00
Be advised the Silvio Conti National
Fish & Wildlife Refuge, and Silvio Conte National Fish & Wildlife Nulhegan Basin Division office; 5396 Rte 105; Brunswick,
VT 05905; telephone number 802-962-5240; Mark Maghini; mark_maghini@fws.gov
Proposed Federal Regulations in order to mirror the regulations and enforce the Federal Regulations.
The
Silvio Conti National Fish & Wildlife Refuge should adopt and mirror ALL State Laws and Regulations.
All owners
of pursuit hounds and friends of the owners of pursuit hound to contact their U.S. Senators and U.S. Representatives.
Patrick Leahy, Vermont U.S. Senator (1-800-642-3193); 199 Main St., 4th Floor, Burlington, VT 05401
Bernie
Sanders, Vermont U.S. Senator (1-800-439-9834); 1 Church St., 2nd Floor, Burlington, VT 05401
Peter Welch,
Vermont U.S. House of Representative (1-888-605-7270); 30 Main St, 3rd Floor, Burlington, VT 05401
Write
letters to or e-mail:
Andrew French e-mail: andrew_french@fws.gov
Silvio
O. Conti National Fish & Wildlife Refuge
103 East Plum Tree Road
Sunderland, MA 01375