Section 20 022 021 - RULES ESTABLISHING FACILITY, FENCING AND TRANSPORTATION REQUIREMENTS FOR CERVIDAESection 1 Statutory Authority These rules are promulgated pursuant to 6 V.S.A., Chapter 102, Section 1153.
Section 2 Definitions 6 V.S.A. CH. 102, Section 1153(a) "Antlers in velvet" means antlers in the growing stage that are covered with viable skin and are sensitive to touch.(b) "Cervidae" shall have the same meaning as provided under 6 V.S.A., Chapter 102, Section 1151(15), (fallow deer, red deer, reindeer).(c) "Escape-proof" means so constructed that the cervidae will remain confined under all circumstances, except when natural catastrophe or other incidents occur over which the owner or the owner's agent has no control.(d) "Owner" means the person or the legal entity that has title to the animals.(e) "Suitable facilities" means facilities specially built to confine cervidae and to enable disease testing procedures to be performed on cervidae in a safe and humane manner.Section 3 Fencing Requirements (a) General: Cervidae must be contained within an escape-proof enclosure at all times except when used as work animals or for exhibition under conditions appropriate for the species involved.(b) Specifications: (1) Conventional or hi-tensile perimeter fences of which at least the bottom six (6) feet must be mesh (maximum mesh size shall be 12-1/2" x 7").(2) Minimum wire gauges - 12 1/2 gauge - conventional fence, 14-1/2 gauge - woven hi-tensile.(3) All perimeter gates providing access to animal holding facilities shall be kept secured when animals are present. Gate construction shall prevent escape of cervidae either by crawling under the gate or by jumping over the gate.(4) Posts - four (4) inch minimum diameter, wood or equivalent, spaced no more than fifty (50) feet apart (60 foot spacing is allowed if there are at least two (2) steel posts between the wood posts). There shall be a post or stay (wood or steel) every 20 feet. Posts must be at least six (6) feet above ground level. Corners shall be braced wood or equivalent material.(5) Perimeter fences constructed prior to enactment of these rules have until October 1, 1999 to come into compliance.(c) Inspection: The commissioner may inspect the perimeter fence to ensure compliance with these rules.(d) Responsibility: The owner is responsible to ensure that their cervidae remain within the escape-proof enclosure.(e) Time requirements for capture of cervidae that escape from the enclosure: (1) The owner must notify the commissioner within 72 hours of learning that the cervidae have escaped.(2) The owner has seven days (168 hours) after discovery that cervidae have escaped from the enclosure to return the cervidae to the enclosure and repair the damage to the perimeter fence.(3) For good cause shown, the commissioner may grant additional time for recapture when a written request for extension of time is submitted.(f) Entrapment of native wildlife: All native wildlife which become entrapped within a perimeter fence containing domestic cervidae must be separated from the domestic cervidae promptly following discovery. The owner of the cervid herd must notify the Department of Fish and Wildlife within 72 hours of discovery of the entrapment.(g) Penalties: Any owner that allows cervidae to remain outside the enclosure longer than permitted by the commissioner shall be deemed in violation of these rules.
Section 4 Testing Facilities for Disease Control It is the owners responsibility to present the cervidae for testing for control of contagious livestock disease upon request by the Commissioner, pursuant to 6 VSA Chapter 102. All owners must construct or maintain suitable facilities for restraining and testing cervidae. Failure to provide suitable facilities for restraint and testing of cervidae shall be deemed a violation of these rules.
Section 5 Transportation of Cervidae (a) General: 13 VSA Chapter 8, Subchapter 7, Transportation of Animals and rules promulgated thereunder apply to the transportation of cervidae.(b) Cervidae with antlers not in the velvet must be dehomed or: (1) shall be separated from antlerless deer, or(2) shall be so confined as to prevent injury to each other from the antlers.Section 6 Penalties Any person who violates a provision of these rules is subject to Administrative Penalties, 6 V.S.A., Section 15, 16 & 17 and Civil Penalties, 6 V.S.A. Section 1164.
20-021 Code Vt. R. 20-022-021-X
Effective Date: December 5, 1997 (Secretary of State Rule Log #97-58)