By Guy Page

The Vermont Supreme Court has upheld state regulations governing trapping and coyote hunting with dogs, handing a significant legal victory to the Vermont Fish and Wildlife Board, the Vermont Department of Fish and Wildlife, and sportsmen across the state.

In a decision issued June 12, the high court affirmed a lower court ruling rejecting challenges brought by several animal-rights organizations to rules adopted following legislation passed in 2022.

The ruling states:

“The Board’s explanation for excluding water- and ice-set traps from setback requirements is reasonable, consistent with Act 159, and supported by the record. Plaintiffs do not dispute that there is little to no evidence that traps placed in water or ice during trapping season pose a safety risk to humans or pets. The two reported incidents of pets being harmed by traps occurred in nuisance traps set outside of trapping season; thus, requiring setbacks would not have prevented these incidents. 

“The low risk of such traps, coupled with the potential that setback requirements would actually increase conflicts by requiring more out-of-season nuisance trapping, supports the Board’s chosen approach. We therefore see no reason to invalidate the rule. As explained above, the Board met its burden of demonstrating that the objected to portions of the furbearing species rule were consistent with legislative intent and were not arbitrary. We therefore affirm the decision of the trial court.”

The dispute arose after the Legislature enacted Act 159, which directed the Vermont Department of Fish and Wildlife to establish Best Management Practices (BMPs) for trapping, and Act 165, which required new regulations governing the hunting of coyotes with dogs.

Following a public rulemaking process, the Fish and Wildlife Board adopted regulations addressing both subjects. The rules underwent review by the Legislature’s Joint Committee on Administrative Rules, which repeatedly expressed concerns that portions of the regulations did not reflect legislative intent. Despite those objections and subsequent revisions by the board, the rules ultimately took effect.

In January 2024, four organizations — Protect Our Wildlife, Animal Wellness Action, Center for a Humane Economy, and Vermont Wildlife Coalition — sued the Fish and Wildlife Board. The groups sought a declaratory judgment challenging portions of the trapping regulations and requested a preliminary injunction to halt coyote hunting with dogs.

The Superior Court denied both requests, and the plaintiffs appealed to the Vermont Supreme Court.

The Supreme Court affirmed the lower court’s ruling, upholding challenged provisions involving the definition of “control” for coyote-hunting dogs, the definition of “public trail,” and an exemption for traps set in water or under ice.

The court noted that the plaintiffs did not challenge several key findings made by the trial court and failed to preserve certain arguments on appeal. Among the court’s observations were that the plaintiffs “mischaracterize what is required by the statute” and did not dispute that the trapping regulations were “at least as stringent” as the department’s BMPs, as required by Act 159.

Unless a motion for reargument is filed and granted, the decision effectively ends the litigation and leaves the current trapping and coyote-hunting regulations in place.