Seasons, Waters, and Limits

V.S.A. tit. 10 Appendix, ch. 2, subch. 2

in effect

10 App. V.S.A. § 121 Rule establishing a list for prohibited, restricted and unrestricted fish species

121. Rule establishing a list for prohibited, restricted and unrestricted fish species 1.0 Authority. 1.1 This rule is adopted pursuant to 10 V.S.A § 4081(a) which provides that the protection, propagation, control, management, and conservation of fish, wildlife, and furbearing animals in this State is in the interest of the public welfare and that the safeguarding of these valuable resources for the people of the State requires a constant and continual vigilance. 1.2 10 V.S.A. § 4605(c)(3) provides that the Commissioner may, by rule, adopt a list of fish which, if introduced into Vermont waters, have the potential to cause harm to the fish population of the State. 2.0 Purpose. 2.1 It is the purpose of this regulation to carry out the mandate of the Vermont General Assembly to control through a permit program the importation and possession of fish species as provided in 10 V.S.A. § 4605(c)(3) to guard the health of Vermont’s fish populations by preventing the introduction of fish species that could have the potential to cause harm to fish populations of the State. 3.0 Definitions. 3.1 “Fish” means all live fresh- and salt-water fish species including viable fish ovum and viable fish semen. 3.2 “Transgenic Fish” means any fish that possesses a novel combination of genetic material obtained through the use of modern biotechnology. This definition does not include diploid, triploid, or hybrid-crossed fish. 3.3 “Department” means Vermont Fish and Wildlife Department. 3.4 “Commissioner” means Fish and Wildlife Department Commissioner. 3.5 “Person” means an individual, association, corporation, partnership, or municipality, or other entity. 3.6 “State” means State of Vermont. 4.0 Importation and Possession of Live Fish. 4.1 This rule establishes a list by which the importation and possession of fish shall be regulated. 4.1.1 Prohibited Fish Species Section: Fish species for which importation into or possession within Vermont shall be prohibited except through a Commissioner’s Prohibited Fish Species Permit. This section of the list primarily includes species not native to the State that are known to pose a threat to Vermont’s fish populations and/or aquatic ecosystems. 4.1.2 Restricted Fish Species Section: This section of the list primarily includes native and certain naturalized fish species which although they may not require a Commissioner’s Prohibited Fish Species Permit as set out in 4.1.1 above, may be regulated through other department permits including but not limited to 10 V.S.A. § 4605(b) Importation of Fish; 10 V.S.A. § 5403, Protection of Endangered and Threatened Species; and 10 V.S.A. App. § 122, Fish Regulations. 4.1.3 Unrestricted Fish Species Section: This section of the list primarily includes species commonly imported into the State for the pet or aquarium trade and are currently considered to pose minimal or no risk to Vermont fish populations. A Commissioner’s Prohibited Fish Species Permit is not required to import or possess these species. Additionally, any species not on the Unrestricted, Restricted and Prohibited lists and which natural global distribution range occurs entirely within the bounds of the 30° north latitude and the 30° south latitude may be imported or possessed in Vermont without prior review and approval of the Commissioner. Notwithstanding the foregoing, an importation permit is required for any fish brought into the State which are intended to be introduced into waters of the State as per 10 V.S.A. § 4605(b), and no fish shall be introduced into any waters except private ponds lacking access to other waters of the State as per 10 V.S.A. § 4605(a). 4.2 All fish species not included in the sections of the list covered by 4.1.2 (Restricted Fish Species Section) and 4.1.3 (Unrestricted Fish Species Section) shall also be considered to be Prohibited Fish Species. 4.3 The importation and/or possession of transgenic fishes shall be prohibited unless explicitly included in the Unrestricted Fish Species section. 5.0 Review, Revision & Maintenance of List. 5.1 The Commissioner may review and revise the species contained within the list. The public may submit any species of fish for consideration of inclusion in this list by submitting a written request with relevant documentation. 5.2 The Department shall maintain an up-to-date list of prohibited, restricted, and unrestricted fish species and shall make this list available on the Department’s website, from the Department’s headquarters and from the Department’s district offices. 6.0 Permits. 6.1 Prohibited Fish Species Permits. The Commissioner may issue a Commissioner’s Prohibited Fish Species Permit allowing importation and possession of a fish on the Prohibited Fish Species section of the list. 6.1.1 In issuing a permit, the Commissioner shall consider: (a) How the fish are being kept in a controlled environment including but not limited to artificial tanks without inflow or outflow, and; without connection to waters of the State; (b) Whether the purpose is for research; (c) Whether the purpose is for education; c (d) Whether it is for public purpose; c (e) Whether there are available alternatives; c (f) The health of native or naturalized fish species. 6.1.2 A permit issued under this subsection shall include conditions that ensure the health and safety of Vermont’s fish population. 6.2 Restricted Fish Species Permits. Fish in the Restricted Fish Species section do not require a Commissioner’s Prohibited Fish Species Permit. However, as noted in paragraph 4.1.2 above, other Department permits may be required to import and/or possess fish listed in the Restricted Fish Species section. 7.0 Permit Applications. 7.1 Applications for Commissioner’s Prohibited Fish Species Permits shall be complete and submitted to the Department on an application form to be provided by the Department. For an application to be considered complete, it shall be legible, shall contain all information requested by the Department, shall contain no false statements, shall bear the applicant’s official signature and shall be accompanied by the required application fee. 7.2 With regard to all fish, the applicant shall present to the Department, as a requirement of the permit, written fish health inspection reports as the Department may specify, and invoices clearly indicating the source of the fish to be imported. Fish health inspection reports shall be made by a qualified fish health inspector acceptable to the Department. 8.0 Inspections. 8.1 Persons holding a Commissioner’s Prohibited Fish Species Permit shall allow inspection at reasonable times of their premises, facilities, records, and fish by the Commissioner or the Commissioner’s designee(s). 8.2 The issued permit shall be available for inspection by the Commissioner or the Commissioner’s designee(s). 9.0 Quarantine, Destruction or Sterilization Where Disease and/or Harmful Species are Present. 9.1 The Department may require a period of quarantine and treatment, the destruction of fish, and/or order remedial action if necessary, if a harmful fish species and/or fish pathogen is confirmed. This shall occur at the expense of the owner. Added 2009, Fish and Wildlife Board Reg., eff. Jan. 10, 2010; amended 2018 Fish and Wildlife Reg., eff. Feb. 1, 2018.

10 App. V.S.A. § 122 Fish Management Regulation

122. Fish Management Regulation 1.0 Authority (a) This rule is adopted pursuant to 10 V.S.A. § 4081(b). In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and furbearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance. (b) In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of Vermont’s fisheries. (c) In accordance with 10 V.S.A. § 4083, this rule establishes open seasons; establishes daily, season, possession limits and size limits; prescribes the manner and means of taking fish; and prescribes the manner of transportation and exportation of fish. 2.0 Purpose It is the policy of the State that the protection, propagation control, management and conservation of fish, wildlife, and furbearing animals in this State is in the interest of the public welfare, and that safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance. 3.0 Open-Water Fishing, legal methods of taking fish 3.1 Definitions (a) Department — Vermont Department of Fish and Wildlife. (b) Commissioner — Vermont Department of Fish and Wildlife Commissioner. (c) Open-water fishing — Fishing by means of hook and line in hand or attached to a rod or other device in open water. Fishing by casting or trolling baited hooks, artificial flies or lures is considered open-water fishing. (d) Baited Hook — A single shank hook with 1, 2, or 3 points which may be baited with natural or artificial bait or both. (e) Lure — A man-made device designed to catch only 1 fish at a time, to include a spoon, plug, spinner, bait harness, tandem hook streamer or lead head jig. (f) Fly — A single pointed hook dressed with feathers, hair, thread, tinsel, or any similar material wound on or about the hook to which no hooks, spinners, spoons, or similar devices have been added. (g) Handheld Spear — A manually powered spear used from above the water’s surface. (h) Speargun — A pneumatic or rubber band powered device, with a line not to exceed 20 feet attached to a spear, used from below the water’s surface. (i) Cull Fish — Carp, tench, rudd, shad (alewife and gizzard shad), and goldfish. Additional invasive/exotic fish species may be designated by the Commissioner as “cull fish.” (j) Immediate Control — Such constant control as would enable the angler to respond forthwith to a fish taking their bait, lure or fly promptly and without any delay. (k) Snagging — Snagging shall mean the intentional hooking of a fish in a place other than the inside of the fish’s mouth. No person shall pull, jerk or otherwise purposefully and/or repeatedly manipulate a hook, or hooks and line to snag or hook a fish in any method other than to entice a fish into taking, by mouth, a hook, lure or fly. Repeated and/or exaggerated jerking or pulling of the fishing line and/or hooks in any attempt to snag fish, whether it results in physically snagging a fish or not, shall be prima facie evidence that snagging has taken place. This shall not apply to the use of a gaff to land a fish that has been legally hooked. 3.2 Whether still fishing, casting, or trolling in Vermont waters, a person may take fish only by using not more than two lines over which he or she has immediate control and to each of which lines is attached not more than two baited hooks, or more than three artificial flies, or more than two lures with or without bait. 3.3 A person shall not take any fish pursuant to subsection (3.2) unless it is hooked in the mouth. Any fish taken under subsection (3.2) that is not hooked in the mouth shall be immediately released pursuant to 10 V.S.A. § 4602. A fish hooked in any part of the body other than in the mouth shall be considered to be foul hooked, and shall be prima facie evidence of foul hooking. 3.4 Taking or attempting to take fish by snagging is prohibited in all Vermont Waters. 3.5 Catch and Release: For species with defined harvest seasons, targeted C&R angling with immediate release can occur outside of harvest season, using artificial lures and flies. 4.0 Ice Fishing 4.1 Definitions — The definitions of section 3 are applicable to this section. (a) Ice Fishing — Ice fishing is defined as fishing by means of hook and line in hand or attached to a rod, tip-up, jack or bob, where the angler is fishing through a hole in the ice, from the ice or on an object supported by the ice. Fishing by casting or trolling baited hooks, artificial flies or lures shall not be considered ice fishing. 4.2 Fish may be taken through the ice with not more than eight lines, except on Lake Champlain where no more than fifteen lines may be operated. Each line shall not have more than two baited hooks, or more than three artificial flies, or more than two lures with or without bait. 4.3 A person ice fishing shall have at all times, immediate control over all lines they operate. A person ice fishing shall be able to visually observe lines they operate. Any line that indicates a fish shall be tended within 30 minutes. 4.4 A person shall not take any fish pursuant to subsection (4.2) unless it is hooked in the mouth. Any fish taken under subsection (4.2) that is not hooked in the mouth shall be immediately released pursuant to 10 V.S.A. § 4602. A fish hooked in any part of the body other than in the mouth shall be considered to be foul hooked, and shall be prima facie evidence of foul hooking. 4.5 Taking or attempting to take fish by snagging is prohibited in all Vermont Waters. 4.6 Catch and Release (C&R): For species with defined harvest seasons, targeted C&R angling with immediate release can occur outside of harvest season, using artificial lures and flies. 5.0 Lake Champlain Boundaries Lake Champlain proper shall be considered to include the setback at the same level and the major tributaries to the lake to the following boundaries: Dead Creek to Panton Road bridge in Panton; East Creek to the falls in Orwell (downstream of Mount Independence Road); Lamoille River to the top of first dam (Peterson Dam) in Milton; LaPlatte River to the falls in Shelburne (under Falls Road bridge); Lewis Creek to falls in North Ferrisburgh (just upstream of Old Hollow Road); Little Otter Creek to falls in Ferrisburgh Center (downstream of Little Chicago Road); Malletts Creek to the first falls upstream of Roosevelt Highway (US 2 and US 7) in Colchester; Mill River in Georgia to the falls in Georgia (just upstream of Georgia Shore Road bridge); Missisquoi River to the top of Swanton Dam in the Village of Swanton; Mud Creek to the dam in Alburg (just upstream of Route 78 bridge); Otter Creek to the top of the dam in the city of Vergennes; Poultney River to Central Vermont Power Dam at Carver Falls in West Haven; Rock River to first Canadian border crossing; Winooski River to the Winooski One hydropower dam west of Main Street (US 7) in Winooski and Burlington; 6.0 Seasonally Closed Waters 6.1 Lakes and Ponds — The following lakes and ponds or portions thereof are hereby designated seasonally closed waters and shall be closed to all fishing except between Second Saturday in April through October 31: Bald Hill Pond, Westmore Beaver Pond, Holland Beck Pond, Newark Beebe Pond, Sunderland Big Mud Pond, Mt. Tabor Bourn Pond, Sunderland Branch Pond, Sunderland Cary Pond, Walden Cow Mountain Pond, Granby Duck Pond, Sutton Forest Lake, Averill Griffith Lake, Mt. Tabor Holland Pond, Holland Jobs Pond, Westmore Lake Pleiad, Hancock Levi Pond, Groton Lewis Pond, Lewis Little Rock Pond, Wallingford Long Pond, Westmore Marl Pond, Sutton Martins Pond, Peacham Mud Pond, Hyde Park North Pond, Chittenden Notch Pond, Ferdinand Noyes (Seyon) Pond, Groton Perch Pond (Zack Woods Pond), Hyde Park Pigeon Pond, Groton Red Mill Pond, Woodford Silver Lake, Leicester South America Pond, Ferdinand South Pond, Marlboro Spring Lake, Shrewsbury Stannard Pond, Stannard Sterling Pond, Cambridge Stoughton Pond, Weathersfield Stratton Pond, Stratton Unknown Pond, Averys Gore Unknown Pond, Ferdinand Vail Pond, Sutton Vernon Hatchery Pond, Vernon West Mountain Pond, Maidstone Wheeler Pond, Barton and Sutton Zack Woods (Perch Pond), Hyde Park 6.2 Rivers and Streams — All rivers and streams are hereby designated seasonally closed waters except as listed in all the sections below. For species with defined harvest seasons, targeted C&R angling with immediate release can occur outside of harvest season, using artificial lures and flies. 7.0 Fish — Open Seasons, Size Restrictions and Daily Bag Limits 7.1 Fish of the species named or described in the tables set forth below may be taken: (a) In the waters specified in column 1, by the method specified in column 2, during the open season specified in column 3. (b) Provided they meet any size restrictions specified in column 4., and only in numbers listed under daily bag limits specified in column 5., under no circumstances may a person take in one day, more than the daily bag or weight limit from a listed body of water. No person may take in aggregate more than the daily State-wide aggregate limit for any species listed. (c) Businesses may buy lawfully taken fish, with the approval of Commissioner, pursuant to the Commercial angling rules set forth in 10 V.S.A. App. 123. 7.2 Possession limits are equal to twice the daily bag limits. Fish species with limit restrictions may not be possessed in excess of the possession limits at any time. (a) No person shall have live fish in their possession that are transported in a manner which attempts to keep them alive when leaving waters of the State (10 V.S.A. § 1251(13)), except as follows: (1) a person may transport approved baitfish species pursuant to the baitfish rules set forth in 10 V.S.A. App. § 141. (2) the person has been issued a scientific collection permit by the Commissioner which specifically approves of the activity, (3) the person has been issued a fish transportation permit by the Commissioner which specifically approves of the activity, (4) the person has been issued a fish breeders permit or fish importation permit by the Commissioner which specifically approves of the activity. 7.3 The daily bag limit for a fish species on a water body with a closed season for that fish species is zero during the closed season. 7.4 “General waters” restrictions are the provisions applicable to all waters of the State, except the waters specifically named or described. 7.5 Unless otherwise specifically provided, fish not listed in this regulation may be taken at any time and without size or catch limit, in waters not listed as seasonally closed waters in Section 6 of these regulations. 7.6 Open Seasons, Size Restrictions and Daily Bag Limits Tables FISH SPECIES | DAILY AGGREGRATE LIMITS Brook and Brown and Rainbow Trout — Streams/ Rivers | Maximum Combination of 8 fish Brook and Brown and Rainbow Trout — lakes and ponds | Maximum Combination of 6 fish Lake Trout | 2 fish, (3 if taken from Lake Champlain) Salmon | 2 fish Large and Smallmouth Bass | Maximum combination of 5 fish Northern Pike | 5 fish Chain Pickerel | 10 fish Muskellunge | 0 fish Walleye | 3 fish American Shad | 0 fish Sauger | 0 fish Sturgeon | 0 fish Panfish, defined as: Bluegill, Bullhead, Black and White Crappie, Pumpkinseed, Rock Bass, Yellow Perch | 50 fish total, no more than 25 of which can be Black and White Crappie Exception for Bluegill, Bullhead, Pumpkinseed, Rock Bass, Yellow Perch | Lake Champlain – no daily limit 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag Limit Lakes and Ponds | Open-water and ice fishing | Second Saturday in April through October 31 January 1, through March 15 | No restriction | 6 trout Lake Champlain | Open-water and ice fishing | No closed season | Minimum length of 12 inches | 3 trout Rivers and Streams | Open-water fishing | Second Saturday in April through October 31 | No restriction | 8 trout Sherman Reservior, Whitingham | Open-water fishing | Second Saturday in April through October 31 | No restriction | 6 trout 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag Limit Listed Below: | Open-water fishing | Second Saturday in April through October 31 | No restriction | 2 trout in aggregate Black River along Rt. 131 in Weathersfield and Cavendish, - from Downers covered bridge upstream (approximately 4 miles) to the next bridge across the river, the Howard Hill Bridge. Deerfield River in Searsburg and Somerset – from the downstream edge of the East Branch Trailhead bridge upstream 4 miles to the downstream edge of the bridge on Somerset Rd. near junction with Forest Rd. 71. East Creek in Rutland City — From the confluence with Otter Creek upstream approximately 2.7 miles) to the top of the Patch Dam in Rutland City. Lamoille River — From the downstream edge of the bridge on Route 104 in the Village of Fairfax upstream (approximately 1.6 miles) to the top of the Fairfax Falls Dam in Fairfax Little River — From the confluence with Winooski River in Waterbury upstream to the top of the Waterbury Reservoir Dam in Waterbury. Missisquoi River in Enosburg and Sheldon — From the downstream edge of Kane Road (TH-3) bridge upstream (approximately 5.7 miles) to the top of the Enosburg Falls Dam in Enosburg Falls. Otter Creek in Danby and Mt. Tabor — From the Vermont Railway Bridge north of the fishing access upstream (approximately 2 miles) to the Danby-Mt. Tabor Forest Rd. Bridge (Forest Road # 10). Passumpsic River in the Village of St. Johnsbury — From the top of the Gage Dam in St. Johnsbury upstream (approximately 2.4 miles) to the top of the Arnold Falls Dam Moose River — From the confluence with the Passumpsic River upstream (approximately 350 feet) to the downstream edge of the Concord Avenue bridge in the Village of St. Johnsbury. Walloomsac River in Shaftsbury and Bennington — From the Vermont/New York border inShaftsbury upstream to the top of the former Vermont Tissue Plant Dam (downstream of Murphy Road) in Bennington. Winooski River in Duxbury and Waterbury — From the top of the Bolton Dam in Duxbury and Waterbury upstream to the Route 2 Bridge (east side of Waterbury Village). 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag Limit Listed Below: | Open-water fishing | Second Saturday in April through October 31 | Minimum length of 10 inches | 2 trout Rivers and Streams: Orleans County: Barton River — From Lake Memphremagog upstream to the downstream side of the US Route 5 bridge southernmost and closest to the Village of Barton in Barton. Black River — From Lake Memphremagog upstream to the downstream side of the VT Route 14 / 58 bridge in Irasburg. Browning Branch of the Willoughby River — From its confluence at the Willoughby River extending upstream to the second road crossing on Brownington Chilafonx Road (TH #15). Crossing is located approximately 2.4 miles from Browington Center on Chilafoux Road (TH #15). Johns River — From the downstream edge of the first bridge (culvert) upstream of Lake Memphremagog on North Derby Road (TH #6) upstream to U.S. 5, in Derby. Willoughby River — The entire Willoughby River, from confluence with Barton River in Barton upstream to the Willoughby Lake outlet in Westmore. 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag Limit Listed below: | Open-water and Ice fishing | Second Saturday in April through October 31 January 1 through March 15 | See regulations for specific bodies of waters | Two fish in aggregate Big Averill Lake, Norton and Averill Caspian Lake, Greensboro Crystal Lake, Barton East Long Pond, Woodbury Echo Lake, Charleston Elligo Lake, Craftsbury and Greensboro Forest Lake (Nelson Pond), Calais and Woodbury Harveys Lake, Barnet Jobs Pond, Westmore (Seasonally Closed) Lake Dunmore, Salisbury Lake Memphremagog (including South Bay), Coventry, Derby, Newport City and Newport Little Averill Lake, Averill Maidstone Lake, Maidstone Martins Pond, Peacham (Seasonally Closed) Nelson Pond (Forest Lake), Calais and Woodbury Nichols Pond, Woodbury Seymour Lake, Morgan Shadow Lake, Glover Spring Lake, Shrewsbury Sunset Lake, Benson Willoughby Lake, Westmore. 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag Limit General Waters (except as listed below) | Open-water and ice fishing | Second Saturday in April through October 31January 1 through March 15 | Salmon - Minimum length of 17 inches Lake Trout - Minimum length of 18 inches | 2 Lake Trout or 2 Salmon or 1 of each Lake Champlain | Open-water and ice fishing | No Closed Season | Lake Trout and Salmon - Minimum length of 15 inches | 3 Lake Trout and 2 Salmon Clyde Pond, Derby Little Salem Lake, Derby Salem Lake, Derby Clyde River from Lake Memphremagog upstream to Citizen’s Charleston Dam (Lubber Lake), West Charleston | Open-water fishing | Second Saturday in April through August 31 | Lake Trout - Minimum length of 18 inches Salmon - Minimum length of 17 inches | 2 Lake Trout or 2 Salmon or 1 of each Lake Memphremagog (including South Bay) | Open-water and ice fishing | Second Saturday in April through October 31 January 1 through March 15 | Lake Trout - Minimum length of 24 inches Salmon - Minimum length of 17 inches | 1 Lake Trout or 2 Salmon or 1 of each Listed Below: | Open-water fishing | Second Saturday in April through October 31 | Lake Trout— Minimum length of 18 inchesSalmon - Minimum length of 17 inches | 2 Lake Trout or 2 Salmon or 1 of each Orleans County: Barton River — From Lake Memphremagog upstream to the downstream side of the US Route 5 bridge southernmost and closest to the Village of Barton in Barton. Black River — From Lake Memphremagog upstream to the downstream side of the VT Route 14 / 58 bridge in Irasburg. Johns River — From the downstream edge of the first bridge (culvert) upstream of Lake Memphremagog on North Derby Road (TH #6) upstream to U.S. 5, in Derby. Willoughby River — The entire Willoughby River, from confluence with Barton River in Barton upstream to the Willoughby Lake outlet in Westmore. 1. Waters | 2. Method | 3. Season | 4. Size Restrictions | 5. Daily Bag Limit White River — From the confluence with Lilliesville Brook in Stockbridge downstream 3.3 miles to 220 ft. downstream of the confluence with Cleveland Brook in Bethel. | Open-water fishing, with artificial lures and flies only. | Second Saturday in April through October 31. | Minimum length of 18 inches | 1 trout Winooski River Tributaries — Listed Below | Open-water fishing | June 1 through October 31 | 10 to 16 inches protected slot: (all fish 10 to 16 inches must be released) | 2 trout, only 1 greater than 16 inches Winooski River Tributaries Joiner Brook, Bolton — From the confluence of the Winooski River upstream approximately 1900 feet to the first falls. Pinneo Brook, Bolton — From the confluence of the Winooski River upstream approximately 100 feet to the railroad crossing. Preston Brook, Bolton — From the confluence of the Winooski River upstream approximately 2600 feet to the first falls. Ridley Brook, Duxbury — From the confluence of the Winooski River upstream approximately 1700 feet to the first falls. Listed Below: | Open-water fishing | Second Saturday in April through October 31 | 10 to 16 inches protected slot: (all fish 10 to 16 inches must be released) | 2 trout, only 1 greater than 16 inches New Haven River — From Munger Street Bridge in New Haven upstream (approximately 4.1 miles) to the South Street bridge in Bristol. Mettawee River — From the downstream edge of the Route 153 bridge in Pawlet upstream (approximately 16 miles) to the downstream edge of first bridge on Dorset Hollow Road and including tributary: Flower Brook upstream (approximately 1000ft) to the downstream edge of the Route 30 bridge in Pawlet. Winooski River — From Preston Brook mouth upstream (approximately 4.4 miles) to the Ridley Brook mouth. Listed below: | Open-water fishing | Second Saturday in April through September 30 | No size restriction. | 8 trout Open-water fishing | October 1, through October 31 | All trout must be immediately released. | Zero, all trout must be immediately released. Batten Kill (East Branch) — In towns of Manchester and Dorset from the downstream side of Depot Street Bridge (Route 11/30) in Manchester upstream (approximately 5.0 miles) to the downstream side of the US Route 7 Bridge south of East Dorset. Green River — In the towns of Arlington and Sandgate from its confluence with Batten Kill upstream (approximately 8.5 miles) to the confluence with Moffitt Hollow Brook in Beartown. Roaring Branch In the towns of Arlington and Sunderland from its confluence with the Batten Kill upstream (approximately 3.0 miles) to the downstream side of the Bridge #14 on Sunderland TH# 3 in East Kansas. Warm Brook — In the town of Arlington from its Confluence with the Roaring Branch upstream (approximately 0.8 miles) to the base of the so-called Hale Company Dam in East Arlington. 1. Waters | 2. Method | 3. Season | 4. Size Restrictions | 5. Daily Bag Limit Connecticut River and tributaries | No person shall take or attempt to take an anadromous Atlantic salmon, any salmon unintentionally taken shall be immediately released in accordance with section 4602 | No open season | All fish must be immediately released | Zero — All Anadromous Atlantic salmon must be immediately released 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag Limit Connecticut River, including Vermont river tributaries | Open-water fishing | No closed season | All shad must be released. | Zero — All shad must be immediately released. 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag Limit General Waters (and as listed below) | Open-water and ice fishing | No closed season | No restriction | No more than 5 of any one species General Waters (Except seasonally closed waters and as listed below | Speargun, bow and crossbow all with line attached to arrow | No closed season | No restriction | No more than 5 of any one species Lake Champlain, not to include tributaries | Open-water and ice fishing, speargun, bow and crossbow all with line attached to arrow | No closed season | No restriction | No more than 5 fish of any one species Lake Champlain, not to include tributaries | Shooting and Handheld Spear | March 25 through May 25, Title 10 4606(e) | No restriction | No more than 5 of any one species 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag Limit General Waters (and as listed below) | Open-water and ice fishing | No closed season | No restriction | No Limit General Waters (Except seasonally closed waters and as listed below) | Speargun, bow and crossbow all with line attached to arrow | No Closed Season | No restriction | No Limit Lake Champlain, not to include tributaries | Open-water and ice fishing, speargun, bow and crossbow all with line attached to arrow | No closed season | No restriction | No Limit Lake Champlain, not to include tributaries | Shooting and Handheld Spear | March 25 through May 25, Title 10 4606(e) | No restriction | No Limit 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag Limit General Waters (and as listed below) | Open-water and ice fishing | No closed season | Minimum length of 8” for Black and White Crappie; No restriction for other species | 50 fish total, no more than 25 of which can be Black and WhiteCrappie Lake Champlain | Open-water and ice fishing | No closed season | Minimum length of 8” for Black and White Crappie; No restriction for other species | 25 Black and Whit Crappie Combined; No limit for other species species Lake Champlain, not to include tributaries | Bullhead only: Shooting and handheld Spear | March 25 through May 25, Title 10 4606(e) | Bullhead only: No restriction | Bullhead only: No limit Berlin Pond Stiles Pond | Open-water and ice fishing | No closed season | Minimum length of 8” for Black and White Crappie; No restriction for other species | 50 fish total, no more than 10 of which can be Yellow Perch, and no more than 25 of which can be Black and White Crappie Businesses may buy lawfully taken fish, with the approval of the Commissioner, pursuant to the Commercial angling rule set forth in 10 V.S.A. APP § 123. 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag Limit General Waters (except as listed below) | Open-water and ice fishing | No closed season | Minimum length of 20 inches | 5 Fish Lake Champlain | Open-water and ice fishing | No closed season | Minimum length of 20 inches | 5 Fish Lake Champlain | Shooting and handheld spearing | March 25 through May 25, 10 VSA 4606 | Minimum length of 20 inches | 5 Fish 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag Limits General Waters (except as listed below) | Open-water and ice fishing | No closed season | No restriction | No Limit Lake Champlain | Open-water and ice fishing | No closed season | No restriction | 10 fish Lake Champlain | Shooting and handheld spearing | March 25 through May 25 | No restriction | 10 fish 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag Limits General Waters (except as listed below) | Open-water and ice fishing; Catch and release with artificial lures and flies only | No closed season | All muskellunge must be released | Zero - All muskellunge must be immediately released Lake Champlain | Open-water and ice fishing; Catch and release with artificial lures and flies only | No closed season | All muskellunge must be released | Zero - All muskellunge must be immediately released Lake Champlain | Shooting and handheld spearing | March 25 through May 25, 10 VSA 4606(e) | Zero Fish 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag Limit All waters | Open-water and ice fishing | No closed season | No restriction | No limit 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag Limit General Waters (except as listed below) | Open-water and ice fishing | Second Saturday in June through March 15. | Minimum length of 10 inches | 5 fish Lake Champlain | Open-water fishing | Second Saturday in June through Nov. 30 | Minimum length of 12 inches | 5 fish Lakes, Ponds and reservoirs (seasonally closed) | Open-water fishing | Second Saturday in June through October 31. | Minimum length of 10 inches | 5 Fish Lakes, Ponds and reservoirs (seasonally closed) | Open-water fishing: Catch and release with artificial lures and flies only | Second Saturday in April through the Friday before the Second Saturday in June, both dates inclusive. | All bass must be released | Zero — All bass must be immediately released Lake Morey, Fairlee | Open-water and ice fishing | Second Saturday in June through March 15 | Minimum length of 14 inches | 5 Fish Listed below: | Open-water fishing | Second Saturday in June through Nov. 30. | Minimum length of 10 inches | 5 fish Catch and release with artificial lures and flies only | Dec. 1 through the Friday before the second Saturday in June, both dates inclusive | All bass must be released | Zero — All bass must be immediately released. Austin Pond, Hubberton Black Pond, Hubberton Blueberry Lake (Warren Lake), Warren Breese Pond, Hubberton Bullhead Pond, Manchester Gale Meadows, Londonderry Half Moon Pond, Hubberton Lily Pond, Vernon Lowell Lake, Londonderry Mill Pond, Windsor Raponda Lake, Wilmington Retreat Meadows, Brattleboro Roach Pond, Hubberton Runnemede Lake, Windsor Sadawga, Whitingham Weatherhead Hollow, Guilford 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag Limit General Waters and Lake Champlain (except as listed below) | Open-water and ice fishing | First Saturday in May through March 15 | Minimum length of 18 inches | 3 Fish Lake Carmi, Franklin | Open-water and ice fishing | First Saturday in May through March 15 | Minimum length of 15 inches Protected lengths — 17 to 19 inches (all fish between 17 & 19 inches must be released) | 5 fish, provided only 1 is over 19 inches Chittenden Reservoir, Chittenden including all tributaries upstream to the first barrier impassable to upstream fish movement | Open-water and ice fishing | June 1 through March 15 | Minimum length of 22 inches | 2 fish 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag Limit General Waters and Lake Champlain | Open-water and ice fishing | No open season | Any fish taken must be immediately released. | Zero — All Sauger taken must be immediately released. 7.7 Spawning grounds for game fish generally (a) The below listed waters are declared spawning grounds for game fish and are hereby closed to the taking of fish from March 16 through May 31 annually. Chittenden County Joiner Brook, Bolton — From the confluence of the Winooski River upstream approximately 1,900 feet to the first falls. Pinneo Brook, Bolton — From the confluence of the Winooski River upstream approximately 100 feet to the railroad crossing. Preston Brook, Bolton — From the confluence of the Winooski River upstream approximately 2,600 feet to the first falls. Lamoille River, Milton — From the downstream edge of the bridge on Bear Trap Road in Milton (referred to as the West Milton Bridge upstream to the top of first dam (Peterson Dam) in Milton. Winooski River, Winooski and Burlington — From the Winooski One Hydro dam west of Main Street (US 7) in Winooski and Burlington and extending downstream to the downstream side of the first railroad bridge. Franklin County Missisquoi River, Swanton — From the top of the Swanton dam in the Village of Swanton downstream approximately 850 feet to the water treatment plant on the west side of the river, and downstream approximately 850 feet to the upstream end of the cement breakwater on the east side of the river. (1988, Fish and Wildlife Board Reg. No. 975, eff. April 7, 1988.) Orleans County Black River, Coventry — From 600 feet below the falls at Old Harman Mill in Coventry upstream to the top of falls at Old Harman Mill in Coventry. Blodgett/Tarbox Brook — from the confluence with Willoughby River upstream 1,300’ to bridge on Tarbox Hill Road. Willoughby River, Orleans — From the downstream edge of bridge on Tarbox Hill Road in Orleans Village upstream to the top of the natural falls upstream of the bridge on Tarbox Hill Road in Orleans Village. Dorin, Wells, Myers, Schoolhouse and Mill Brooks, all in Westmore — From mouth of brooks at Lake Willoughby upstream approximately ¾ mile in Dorin Brook, all of Wells Brook, ½ mile in Myers Brook, ¼ mile in the Schoolhouse Brook and ¼ mile in Mill Brook and tributaries, all in Westmore. For identification purpose these brooks are arranged in order from north to south, and flow through Vermont Agency of Transportation structures on Route 5A number 10, 9, 8, 7 and 6, respectively. Porter Brook, Greensboro — From Caspian Lake upstream to its headwaters. (1987, Fish and Wildlife Commissioner’s Reg. No. 970, eff. April 1, 1987.) Washington County Chase Brook, Berlin — From its confluence with the Dog River upstream approximately ½ mile to the top of the natural falls in Berlin. Ridley Brook, Duxbury — From the confluence of the Winooski River upstream approximately 1,700 feet to the first falls. Windsor County Lilliesville Brook, Stockbridge — From its confluence with the White River upstream to the 2nd bridge on the Lilliesville Brook Road. Locust Creek, Bethel — From its confluence with the White River upstream to the 2nd bridge on Rt. 12. (b) The below named waters are closed from March 16 to the Friday before the 1st Saturday in May, both dates inclusive: Franklin County Missisquoi River, Swanton — From the top of the Swanton Dam in the Village of Swanton extending downstream 5,120 feet to the Northwest corner (downstream) of the Riverside Cemetery and across the river to a pole on the Northeast bank. (c) The below named waters are closed to fishing year-round: Orleans County Clyde River, Newport City — From 260 feet below the top of the abandoned Mill Dam immediately upstream of the Number 1, 2, 3 hydroelectric powerhouse in Newport City, upstream to the top of the abandoned Mill Dam immediately upstream of the Number 1, 2, 3 hydroelectric powerhouse in Newport City. (d) The below named water is only open to fishing using artificial flies and lures from September 1 to October 31. All salmon caught must be released. Lake Trout may be harvest during this period. The daily limit is 2 lake trout with a minimum length of 18 inches Clyde River — From Lake Memphremagog upstream to Charleston Dam (Lubber Lake), West Charleston (e) The below named water is catch and release for trout from Second Saturday in April to October 31. All trout must be immediately released. Batten Kill River — From the New York State line upstream (approximately 20.6 miles) to downstream side of Depot Street Bridge (Route 11/30) in Manchester (f) The below named water is catch and release for trout with artificial lures and flies only, anglers less than 15 years old may use live bait from Second Saturday in April to October 31. All trout must be immediately released. Dog River — From the downstream edge of the Junction Road Bridge in Berlin/Montpelier upstream to the top of the Northfield Falls Dam in Northfield. (g) The below named waters are closed to fishing from November 1 to the Friday before the second Saturday in April. Batten Kill River — From the New York State line upstream (approximately 20.6 miles) to downstream side of Depot Street Bridge (Route 11/30) in Manchester. Clyde River — From Lake Memphremagog upstream to Charleston Dam (Lubber Lake), West Charleston Dog River — From the downstream edge of the Junction Road Bridge in Berlin/Montpelier upstream to the top of the Northfield Falls Dam in Northfield. Added 1961, No. 119, § 2, eff. May 9, 1961; amended 1963, Fish and Game Board Reg. No. —, eff. Aug. 23, 1963; 1966, Fish and Game Board Reg. No. —, eff. Jan. 1, 1967; 1968, Fish and Game Board Reg. No. —, eff. Jan. 1, 1969; 1971, Fish and Game Board Reg. No. 840, eff. March 19, 1971; 1971, Fish and Game Board Reg. No. —, eff. June 21, 1971; 1973, Fish and Game Board Reg. No. 866, eff. Jan. 20, 1973; 1974, Fish and Game Board Reg. No. 892, eff. Dec. 26, 1974; 1975, Fish and Game Board Reg. No. 895, eff. Jan. 1, 1976; 1976, Fish and Game Board Reg. No. 899, eff. Jan. 1, 1977; 1977, Fish and Game Board Reg. No. 904, § 5, eff. Jan. 1, 1978; 1977, No. 245 (Adj. Sess.), § 1, eff. Apr. 17, 1978; 1978, Fish and Game Board Reg. No. 906, eff. Oct. 21, 1978; 1979, Fish and Game Board Reg. No. 913, eff. Nov. 21, 1979; 1980, Fish and Game Board Reg. No. 915, eff. June 30, 1980; 1980, Fish and Game Board Reg. No. 926, §§ 1-7, eff. Jan. 1, 1981; 1983, Fish and Game Board Reg. No. 936, §§ 1, 5, eff. Jan. 1, 1983; 1983, Fish and Game Board Reg. No. 942, eff. June 9, 1983; 1983, Fish and Game Board Reg. No. 946, eff. Oct. 17, 1983; 1984, Fish and Wildlife Board Reg. No. 950, eff. Sept. 17, 1984; 1984, Fish and Wildlife Board Reg. No. 951, eff. Sept. 17, 1984; 1985, No. 953, eff. Jan. 1, 1985; 1985, No. 49; 1986, No. 962, eff. June 6, 1986; 1987, Fish and Wildlife Board Reg. No. 971, eff. Sept. 17, 1987; 1990, Fish and Wildlife Board Reg. No. 980, eff. Feb. 23, 1990; 1991, Fish and Wildlife Board Reg. No. 982, eff. Jan. 5, 1991; 1991, Fish and Wildlife Board Reg. No. 990, eff. Sept. 1991; 1993, Fish and Wildlife Board Reg. No. 998, eff. March 23, 1993; 1995, Fish and Wildlife Board Reg. No. 1003, eff. Jan. 2, 1996; 1997, Fish and Wildlife Board Reg. No. 1003, eff. Nov. 1, 1997; 1999, Fish and Wildlife Board Reg. No. 1003, eff. March 13, 1999; 2000 Fish and Wildlife Board Reg. No. 1003, eff. Oct. 7, 2000; 2003, Fish and Wildlife Board Reg. No. 1003, eff. Dec. 6, 2002; 2004, Fish and Wildlife Board Reg. No. 1003, eff. June 4, 2004; 2005, Fish and Wildlife Board Reg. No. 1003, eff. July 21, 2005; 2005A, Fish and Wildlife Board Reg. No. 1003, eff. March 31, 2006; 2007, Fish and Wildlife Board Reg. No. 1003, eff. Sept. 1, 2006; 2008, Fish and Wildlife Board Reg. No. 1003, eff. Jan. 1, 2009; 2010 Fish and Wildlife Reg. effective Jan. 1, 2011; 2013 Fish and Wildlife Reg. eff. Jan. 1, 2014; 2015 Fish and Wildlife Reg. eff. Jan. 1, 2016; 2017 Fish and Wildlife Reg. eff. Jan. 1, 2018; 2018 Fish and Wildlife Reg. eff. Jan. 1, 2019; 2021 Fish and Wildlife Reg. eff. Jan. 1, 2022; 2025 Fish and Wildlife Reg., eff. Jan. 1, 2026.

10 App. V.S.A. § 123 Commercial Angling Rule

123. Commercial Angling Rule 1.0 Authority. 1.1 This rule is adopted pursuant to 10 V.S.A. § 4083 and 10 V.S.A. § 4611. This rule implements the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and furbearing animals in this State is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance. 1.2 In accordance with 10 V.S.A. § 4083 and 10 V.S.A. § 4611 this rule establishes requirements related to purchase and sale of fish including, but not limited to, prohibiting fish species, seasons, limits, reporting requirements and possible permit requirements. 2.0 Purpose. The purpose of this rule is to: 2.1 Establish the conditions for anglers to sell legally harvested approved fish species. 2.2 Establish the process and requirements for businesses and/or individuals to purchase fish legally harvested by anglers. 2.3 Establish a list of fish species in addition to those listed in 10 V.S.A. § 4611 that are prohibited for sale by anglers. 3.0 Definitions. 3.1 Angler — Any person engaged in the take or attempted take of fish, by any method. 3.2 Buyer — Any person engaged in the purchase of fish harvested within this state. 3.3 Legally Harvested — Any fish species harvested by any lawful methods approved under the provisions of this part. 3.4 Seller — Any person engaged in the sale of fish harvested within this State. 4.0 Selling Fish. 4.1 No angler shall sell fish species which are not legally harvestable or are listed in 10 V.S.A. § 4611 or in Section 6.0 of this rule. 4.2 Anglers shall provide information about their commercial fishing activity to the Department as required by the Commissioner. The holder of a Fish Seller’s Endorsement shall submit a report to the Commissioner that shall include but not be limited to pounds of fish sold for each size group by species. 4.3 No angler may sell fish in the state of Vermont without first obtaining a valid Vermont fishing license, and a Fish Seller’s Endorsement. 5.0 Buying Fish. 5.1 No person or business shall buy fish for resale without a Fish Buyer Permit issued by the Commissioner. 5.2 No person or business shall buy fish species which are not legally harvestable or are listed in 10 V.S.A. § 4611 or in Section 6.0 of this rule. 5.3 A Fish Buyer Permit shall be effective from January 1 through December 31. 5.4 A holder of Fish Buyer Permit must submit quarterly reports as required by the Commissioner. Reports shall include but not be limited to pounds purchased for each size group by species (Jan-Mar; April-June; July-Sep; Oct-Dec). The reports will include information from all species purchased. Additionally, the percentage of purchased amount from Lake Champlain shall be broken out and reported separately. 5.5 The Fish Buyer’s reports shall be submitted within 30 days of the last day of the quarter (March 31, June 30, September 30, December 31). 5.6 The Fish Buyer Permit provides Fish Buyer an exemption from specific creel/possession limits. This exemption to creel and possession limits is restricted to the address specified above under “Business Location”, which is defined as an established immobile place of business (not directly on the ice or on any public waters or public access areas), and the transport of legally bought and/or sold fish within the State of Vermont, from the Permitted Fish Buyer’s Business Location. 5.7 Failure to comply with these rules, including submission of complete reports or falsifying reports, may result in the revocation of a Fish Buyer Permit or Fish Seller’s Endorsement. 6.0 List of Species Prohibited for sale and purchase. 6.1 Black Crappie Pomoxis nigromaculatus 6.2 White Crappie Pomoxis annularis • Species listed in 10 V.S.A. § 4611. Added 2017, Fish and Wildlife Regs, eff. Jan. 1, 2018; amended 2025, Fish and Wildlife Regs, eff. Jan. 1, 2026.

10 App. V.S.A. § 137 Fishing tournaments

137. Fishing tournaments (A) The permit for a fishing tournament as required by 10 V.S.A. § 4613 shall be applied for no less than 30 days before the date of the tournament. The following information will be supplied to the Vermont Fish and Wildlife Department: Name of Organization, contact person(s), address and phone number(s), dates and times of the tournament, body of water, location of headquarters and check stations, number of anglers expected, fish species involved, a copy of the tournament rules, name and address permit is to be mailed to. (B) Within 30 days after the tournament ends a report of the following information shall be provided to the Department: Total number of tickets sold, estimated number of anglers, number of anglers that registered catch, number of each species of fish registered, and the number of registered fish released alive following registration. Tournament sponsors may be requested to cooperate further with the Department in gathering additional information. All tournaments rules shall be structured within the laws of the State of Vermont. A fishing license is required by anyone 15 years of age and older. All legal fishing methods and limits shall apply. (1994, Fish and Wildlife Commissioner’s Reg. No. 1005, eff. Feb. 13, 1994.)

10 App. V.S.A. § 138 Hatchery Brook closure

138. Hatchery Brook closure That portion of the so-called Hatchery Brook, located in the Town of Grand Isle to the south of the fish hatchery buildings, from the mouth of the brook at Gordon’s Landing, Lake Champlain, upstream approximately 1,150 feet to the main hatchery driveway off Bell Hill Road shall be closed to all fishing. (1995, Fish and Wildlife Board Reg. No. 1012, eff. Jan. 2, 1996.)

10 App. V.S.A. § 139 Fish importation

139. Fish importation 1.0 Authority 1.1 This rule is adopted pursuant to 10 V.S.A §§ 4081(a), 4082, 4083 and 4605 which authorize the board to carry out the purposes of protecting the state’s fish and the waters of this state. 2.0 Purpose: 2.1 It is the purpose of this regulation to carry out the mandate of the Vermont general assembly to control through a permit program the importation of fish as provided in 10 V.S.A. § 4605 to guard the health of Vermont’s fish populations and prevent the introduction of fish and fish diseases that could have the potential to cause harm to fish populations in the waters of the state. 3.0 Definitions. 3.1 Fish — all fresh and salt-water fish species including fish ovum and fish semen that will be introduced into any of the inland or outlying waters of the state as defined in 10 V.S.A. § 1251(13). 3.2 Board — Vermont Fish and Wildlife Board 3.3 Department — Vermont Fish and Wildlife Department 3.4 Commissioner — Fish and Wildlife Department Commissioner 3.5 Person — an individual, association, corporation, partnership, or municipality. 3.6 State — State of Vermont 3.7 Fish Hatchery — Any fish culture station, hatchery, rearing pond, net pen, container which holds, rears or releases fish for sale and/or distribution in waters of Vermont. 4.0 Importation of Fish. 4.1 It is unlawful for any person to bring into the State any fish that will be introduced into any of the inland or outlying waters of the State unless upon application in writing and receipt of a fish importation permit from the Commissioner. 4.2 No person shall import fish unless the fish come from a fish hatchery approved by the Commissioner. Fish disease inspection shall be made by inspection of the fish at the hatchery source by an inspector acceptable to the Department. Inspection procedures, methods of diagnosis, and inspection frequency will be specified by the Department. 4.3 Notwithstanding the provisions of paragraph 4.2, the Commissioner may, subject to conditions designed to protect the fish and wildlife in the State, permit the importation of live wild caught fish species from waters identified in a list maintained by the Department. 4.4 No fish that are considered endangered or threatened by the Department shall be permitted into the State unless the Department determines that the intent of such importation is for scientific purposes or for purposes of re-establishment of fish populations. 4.5 The importation and possession of dead fish is exempt from this regulation provided they are disposed of to guard against the introduction of fish diseases to State waters. Acceptable disposal methods include: 1) placement of all fish waste products in an approved state landfill; or 2) incineration of all fish waste products; or 3) burial of fish on private land only, no less than one hundred feet from a public water. 4.6 Dead fish imported and possessed as bait must be processed through approved methods which eliminate all fish pathogens. These approved methods will be identified in a list maintained by the Department. 5.0 Permits. 5.1 Bait Dealers Permit 5.1.1 All commercial dealers who import, export or sell fish must first obtain a valid bait dealers permit pursuant to 10 V.S.A App. § 122. 5.2 Importation Permit 5.2.1 The Commissioner shall not issue a permit unless it has been determined that the fish proposed to be brought into the State do not conflict with the purpose of this regulation. 5.2.2 For all fish species, the Commissioner shall consider the following criteria in determining whether to issue a fish importation permit: does the fish proposed for importation pose a potential threat to the fisheries resources of the State through diseases or species competition; are they free of all disease organisms as the Department may specify; could the fish be a significant competitor with resident fish and wildlife for food and habitat; could the fish be destructive to habitat; could the fish be a threat to the health of resident fishes, wildlife, or humans; and could the fish pose any other threat to public or private interests as may be determined by the Department. 5.3 Temporary Exhibition 5.3.1 Any person importing fish for the purposes of temporary exhibition must obtain a fish importation permit from the Commissioner. The Commissioner may impose conditions necessary to protect the health and welfare of Vermont’s fish and wildlife. 6.0 Applications. 6.1 Application for a fish importation, bait dealers, scientific, education, or temporary exhibit permit must be complete and submitted to the Department on an application form to be provided by the Department. For an application to be considered complete, it must be legible, must contain all information requested by the Department, shall contain no false statements, must bear the applicant’s official signature and must be accompanied by the required application fee. 6.2 With regard to all fish, the applicant shall present to the Department, as a requirement of the permit, written fish health inspection reports as the Department may specify. Fish health inspection reports shall be made by a qualified fish health inspector acceptable to the Department. 7.0 Inspections. 7.1 Persons holding a fish importation, bait dealers and education or temporary exhibit permit shall allow inspection at reasonable times of their premises, facilities, records, and fish by state game wardens or other duly authorized persons as the Commissioner may direct. 7.2 The issued permit shall be available for inspection by any duly authorized persons as the Commissioner may direct. 8.0 Quarantine, Destruction, Sterilization and Disposition Where Disease and Harmful Species are Present. 8.1 The Department may require a period of quarantine and treatment, the destruction of fish, and/or order whatever remedial action necessary; if a harmful fish species and/or fish pathogens are confirmed. This shall occur at the expense of the owner. 8.2 Commercial hatcheries or ponds under private ownership may be ordered by the Department to be sterilized at the expense of the owner, if upon inspection a harmful fish pathogen or species is confirmed. 8.3 Any fish, which are brought into the state in violation of these regulations or kept in violation of any permit issued may be disposed of in accordance with 10 V.S.A. § 4709. Added 2007, Fish and Wildlife Reg. No. 881A, eff. March 13, 2007.

10 App. V.S.A. § 140 Commissioner’s Rule Private Stocking of Fish in Public and Private Waters

140. Commissioner’s Rule Private Stocking of Fish in Public and Private Waters 1.0 Authority. 1.1 Title 10 V.S.A. § 4081(a) provides that the protection, propagation, control, management, and conservation of fish, wildlife, and furbearing animals in Vermont is in the interest of public welfare and that the safeguarding of these valuable resources for the people of the state requires a constant and continual vigilance. 1.2 This rule is adopted in accordance with 10 V.S.A. § 4605(c) which authorizes the Commissioner to promulgate rules and require a permit prior to introducing of attempting to introduce fish species into waters of the State. 2.0 Purpose: 2.1 The purposes of this rule are to protect the health of Vermont’s fish populations by preventing the introduction of fish species or pathogens that have the potential to cause harm to the fish populations of the state, and to implement the fish management objectives of the Department. 3.0 Definitions. 3.1 “Fish” means all live fresh- and salt-water fish species including viable fish ovum and viable fish semen. 3.2 “Department” means the Vermont Department of Fish and Wildlife. 3.3 “Commissioner” means the Vermont Department of Fish and Wildlife Commissioner. 3.4 “Permit” means the Fish Stocking Permit required under this rule. 3.5 “Person” means an individual, association, corporation, partnership, or municipality, or other entity. 3.6 “Private Fish Propagator” means a private fish culture facility that has been approved by the Department and has been issued a Vermont Fish Breeders License or Fish Importation Permit. 3.7 “Private Pond” means a body of standing water as defined by 10 V.S.A. § 1442(14), that is a natural water body of not more than 20 acres located on property owned by one person or an artificial water body of any size located on property owned by one person. A “private pond” shall include a reservoir specifically constructed for one of the following purposes: snowmaking, storage, golf course irrigation, stormwater management, or fire suppression. 3.8 “State” means State of Vermont. 3.9 “Stocking” means the intentional release of fish into Waters of the State of which they did not originate. 3.10 “Waters of the State” means all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, springs, and all bodies of surface waters, artificial or natural, which are contained within, flow through or border upon the State or any portion of it, as defined by 10 VSA § 1251(13). 4.0 Fish Stocking Permit Requirements. 4.1 A person shall not stock any Waters of the State, with any fish species or fish eggs without first obtaining a Fish Stocking Permit from the Commissioner of the Department, except that: (a) A Fish Stocking Permit is not required to stock a Private Pond with no inlet or outlet with access to Waters of the State; however, other rules such as rules or statutes regarding possession and transport of fish may apply; and (b) A person or Private Fish Propagator may stock a Private Pond with an inlet or outlet with access to Waters of the State; located on property owned by one person, with brook trout (Salvelinus fontinalis), brown trout (Salmo trutta), and rainbow trout (Oncorhynchus mykiss) without a permit provided that the person stocks no more than 4,000 fish annually to a single pond. 4.2 A person or Private Fish Propagator shall only stock brook trout, brown trout, or rainbow trout in Waters of the State. 4.3 The Commissioner may waive the permit requirement in 4.1 for persons cooperating or partnering with the Department. 4.4 If a permit is required under this rule, the person who owns the fish at the time of stocking shall apply for the permit. 4.5 Fish stocked in Waters of the State shall originate from Private Fish Propagators approved by the Department. 4.6 A person who purchases fish from a Private Fish Propagator, a Vermont Conservation District, or other approved source, and transports those fish themselves, shall be directly liable for compliance with the provisions of this rule. 4.7 This rule shall not apply to stocking conducted by Department staff or stocking conducted under the supervision of or at the direction of the Commissioner. 5.0 Permit Applications. 5.1 All applications for a Fish Stocking Permit shall be complete and submitted to the Department on an application form provided by the Department. For an application to be considered complete, it shall be legible, shall contain all information requested by the Department, shall contain no false statements, shall bear the applicant’s official signature and shall be accompanied by the required application fee. 5.2 During review of an application, the Commissioner shall consider the following criteria: (a) The water source and discharge location of the waterbody; (b) Fish species and fish communities in connected waters or watershed; (c) The health of native or naturalized fish species; (d) Fisheries management activities and objectives in connected waters or watershed; and (e) Any other information the Commissioner deems to be relevant to maintaining the health and management objectives of the Waters of the State to be stocked. 5.3 A permit issued under this subsection shall include conditions that ensure the health and safety of Vermont’s fish communities. 6.0 Inspections. 6.1 Persons holding a Fish Stocking Permit shall allow inspection at reasonable times of their premises, facilities, records, and fish by the Commissioner or the Commissioner’s designee(s). 6.2 The permittee shall retain a copy of the permit and make it available for inspection by the Commissioner or the Commissioner’s designee(s). 6.3 The permittee shall possess a copy of the permit and exhibit upon request of the Commissioner or the Commissioner’s designee(s) at the time of stocking. 7.0 Quarantine, Destruction or Sterilization Where Disease and/or Harmful Species are Present. 7.1 At the expense of the owner, the Department may require the seizure and/or destruction of any fish that the Commissioner determines: (a) Has been stocked or possessed in violation of this rule or a permit issued under this rule, (b) Poses a threat to Vermont fisheries, or (c) Is confirmed to have a fish pathogen or disease. 7.2 The Commissioner may require commercial hatchery ponds or ponds under private ownership to be sterilized using a method approved by the Department at the expense of the owner if, upon inspection, a harmful fish pathogen or species is confirmed. Added 2018, Fish and Wildlife Reg., eff. Feb. 1, 2018.

10 App. V.S.A. § 141 Baitfish Rule

141. Baitfish Rule 1.0 Authority. This rule is adopted pursuant to 10 V.S.A. § 4081(b). In adopting this rule, the Fish and Wildlife Board is implementing the policy that the protection, propagation, control, management, and conservation of fish, wildlife and furbearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance. In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of Vermont’s fisheries. In accordance with 10 V.S.A. § 4083, this rule establishes open seasons; establishes daily, season, possession limits and size limits; prescribes the manner and means of taking fish; and prescribes the purchase, sale, and use of baitfish. 2.0 Purpose: 2.1 This rule applies to fish used as bait. This rule shall apply to all persons who take, possess, transport, use, purchase, or sell baitfish. 2.2 The purpose of this rule is to: a) conserve and protect the fish, and fisheries in the state, b) maintain the best health of species and natural ecological systems in the state, c) prevent the introduction or spread of diseases or parasites harmful to humans and wild species, and d) prevent the escape or release of non-native species or species that injure or compete with natural ecological systems and processes. 3.0 Definitions. 3.1 “Application” means a specific form provided by the Department of Fish and Wildlife. 3.2 “Baitbox” means a receptacle used for holding or keeping baitfish alive for personal use. A legal baitbox shall not exceed 25 cubic feet in volume. 3.3 “Baitfish” means fish species and parts thereof, living or dead, used for the purpose of attracting and catching fish. 3.4 “Baitfish zone” means a specific geographic area, where it is permissible to use baitfish in accordance with this rule, and the area is described and depicted on a map by the Commissioner and posted on the Department website. 3.5 “Restricted Water” means a specific Waterbody and any listed tributaries where the use of baitfish is restricted in accordance with this rule, and the Waterbody is described and depicted on a map by the Commissioner and posted on the Department website. 3.6 “Commissioner” means the Commissioner of the Vermont Department of Fish and Wildlife. 3.7 “Department” means the Vermont Department of Fish and Wildlife. 3.8 “Fish hatchery” refers to any fish culture station, hatchery, or artificial rearing pond which grows or maintains baitfish for sale in Vermont. 3.9 “Ice fishing” means a manner of fishing as described in 10 V.S.A App. § 122 Subsection 4.0. 3.10 “Open-water fishing” means a manner of fishing as described in 10 V.S.A. App. § 122 Subsection 3.0. 3.11 “Permit” is a document from the Commissioner granting a Commercial Bait Dealers Permit. 3.12 “Waterbody” means any lake, pond, river, or stream including all tributaries upstream to the first barrier impassable to upstream fish movement. 3.13 “Commercially preserved baitfish” means baitfish that are shelf stable and chemically treated in a manner approved by the Department, and then packaged for retail sale. 3.14 “Personal baitfish harvest” and “Personally harvested baitfish” means baitfish taken for non-commercial use. 3.15 “Non-Restricted Water” means any Waterbody not included in the list of Restricted Waters. 4.0 Personal Baitfish Harvest. 4.1 Personally harvested baitfish from Restricted Waters shall not be used on any other Waterbodies or transported away from the Restricted Water from which they were harvested. 4.2 Personally harvested baitfish may be used on multiple Waterbodies and may be transported away alive or dead from the Waterbody from which they were collected and retained for later use, provided that all of the following criteria are met: 4.2.1 The personally harvested baitfish shall not be harvested from or have been previously used on a Restricted Water; 4.2.2 Personally harvested baitfish shall only be used in the same baitfish zone they were harvested in; and 4.2.3 A person transporting personally harvested baitfish off of any non-Restricted Waterbody shall possess a wild baitfish endorsement in accordance with Subsection 6.0 of this regulation. 4.3 A person shall only harvest for use as bait those fish species listed under Subsection 8.1, 8.2, 8.3, and 8.4 of this rule. 4.4 Personally harvested baitfish of approved species listed in subsection 8.1 shall only be taken by the following methods: a) minnow traps no longer than twenty-four inches with an entrance for fish not exceeding two and one half inches in diameter, b) dip nets, cast nets, and umbrella nets not exceeding a total of 51 square feet of mesh, or a seine net not exceeding 25 feet in length, c) Open-water/ice fishing by hook and line. 4.5 Personal baitfish harvest in seasonally closed Waterbodies (see 10 V.S.A App. 122, section 6.0) may only be conducted by the use of minnow traps no longer than twenty-four inches with an entrance for fish not exceeding two and one half inches in diameter. 4.6 All traps, nets, baitboxes or other holding receptacles capable of taking, holding or keeping live baitfish in public Waterbodies shall be marked with the name, address, and telephone number of the owner and user. 4.6.1 Minnow traps shall be checked at a minimum of once per week. 4.7 Baitfish may be held on the Waterbody where they were harvested, or if harvested from a non-Restricted Water, anywhere in the zone where they were harvested in a baitbox as defined in Subsection 3.2 of this regulation. Any baitfish harvested on a non-Restricted Water and used on a Restricted Water may not be transported away from the Restricted Water but can be stored on the Restricted Water in a baitbox for later use on the same Restricted Water. Baitfish cannot be held or used on waterbodies described in Section 12.0. Outside of the baitfish zone where harvested, the baitfish shall be kept in a closed container isolated from any inflow of lake, pond, or stream water, or outflows to such Waterbodies of the state. 4.8 No person shall personally harvest baitfish from any Waterbody of the state that is defined as closed to baitfish harvest. The Department will maintain and make available a list of Waterbodies closed to baitfish harvest. 4.9 Fish eggs may only be collected from legally harvested fish from a Vermont Waterbody and its tributaries upstream to the first impassable barrier for use in the same Waterbody and its tributaries up to the first impassable barrier. 5.0 Commercially Purchased Baitfish. 5.1 No person shall import baitfish into the State of Vermont without a fish importation permit, except as provided for in subsections 5.8 and 5.9 of this rule. 5.2 A person purchasing commercial baitfish shall retain a transportation receipt issued by a state-approved commercial bait dealer, authorizing transportation of baitfish overland. The receipt shall contain the following information: 1) A unique receipt identification number, 2) The name and telephone number of the bait dealer, 3) date of sale, 4) species purchased, 5) quantity purchased, and 6) baitfish zone or Restricted Water (limited to one) in which the baitfish will be used. 5.3 A person in possession of commercially purchased baitfish shall only use those baitfish in the baitfish zone or Restricted Water recorded on the transportation receipt and shall retain and exhibit the receipt upon request of the Commissioner or the Commissioner’s designee(s). A person shall not transport unused zone-specific commercially purchased baitfish away from a Restricted Water for use on any other Waterbody. 5.4 A transportation receipt shall be valid for 10 days from the date of sale. 5.5 A person may transport unused commercially purchased baitfish away from Waterbodies of the state, and retain for later use in the same baitfish zone or Restricted Water as indicated on the baitfish transportation receipt, with the following prohibitions. 5.5.1 A person shall not transport unused commercially purchased baitfish away from a Restricted Water if the baitfish transportation receipt does not specify that Restricted Water. 5.5.2 A person shall not transport unused commercially purchased smelt for the use as baitfish away from a Restricted Water. 5.6 A person transporting unused commercially purchased baitfish away from a Waterbody for later use may hold them in a Waterbody of the baitfish zone listed on the transportation receipt provided that they are not transported away from a Restricted Water and the holding waters are not listed in subsection 12.0 of this regulation. Outside of the baitfish zone or Restricted Water listed on the transportation receipt, the commercially purchased baitfish shall be kept in a closed container isolated from any inflow of lake, pond, or stream water, or outflow to any Waterbody. 5.7 Baitfish may be held beyond the 10 days period in a baitfish zone or Restricted Water provided they remain in the same Waterbody in a baitbox in accordance with Subsection 3.2 of this rule. 5.8 A person may purchase baitfish from a New York baitshop for use in the Lake Champlain Restricted Water, provided the baitshop is Vermont-licensed, and the baitfish are accompanied by a Vermont-issued baitfish transportation receipt. For the purposes of this rule, the Lake Champlain Restricted Water is defined in 10 V.S.A. Appendix § 122 Subsection 5. 5.9 A person may purchase baitfish from a New Hampshire baitshop for use in the Connecticut River Restricted Water, provided the baitshop is Vermont-licensed, and the baitfish are accompanied by a Vermont-issued baitfish transportation receipt. For the purposes of this rule, the Connecticut River is defined as all waters of the river including the bays, setbacks, and tributaries, but only to the first highway bridge crossing said tributaries on the Vermont side. 5.10 Commercially preserved baitfish and fish eggs available from retail stores may be used as bait, taken home, and kept for later use provided they are retained in the original packaging at all times. 6.0 Wild Baitfish Endorsement. 6.1 Any person who wishes to use, sell, or transport personally harvested baitfish outside of the Waterbody in which they were harvested must possess and exhibit upon request of the Commissioner or the Commissioner’s designee(s) a wild baitfish endorsement as developed and administered by the Department, or be accompanied by someone who possesses the endorsement for those baitfish in use. 6.2 A person who wishes to obtain a wild baitfish endorsement shall satisfactorily complete a wild baitfish certification course. 6.3 The wild baitfish certification course shall instruct participants regarding the requirements of the baitfish rules and the vectors and risks associated with aquatic nuisance species and pathogens. 7.0 Commercial Bait Dealers. 7.1 Any person who buys baitfish for resale or sells baitfish shall obtain a commercial bait dealers permit from the Commissioner except as provided for in subsection 7.2. Only persons operating a place of business and offering baitfish for sale to the public may apply for and hold a commercial bait dealers permit. 7.2 A commercial bait dealers permit is not required when: 7.2.1 A person only sells commercially preserved baitfish as defined in Subsection 3.13 of this rule. 7.2.2 A person sells baitfish as specified by subsections 8.1 and 8.2 to another angler while on the same Waterbody where the baitfish were personally harvested. 7.2.3 A person sells personally harvested rainbow smelt and meets the following criteria: 7.2.3.1 The personally harvested rainbow smelt shall be harvested, transported, and possessed in accordance with subsection 4.0 of this rule. 7.2.3.2 The buyer shall possess a valid zone-specific commercial bait dealers permit. 7.2.3.3 The commercial bait dealer’s zone designation shall be the same zone from which the personally harvested rainbow smelt were harvested. 7.2.3.4 The seller shall possess a valid wild baitfish endorsement in accordance with subsection 6.0 of this rule. 7.2.3.5 The seller shall complete and sign an affidavit, as specified by subsection 7.11.1 of this rule, attesting the Waterbody of origin for any personally harvested rainbow smelt that are sold. 7.3 Commercial bait dealers shall only purchase and sell the baitfish species listed under subsection 8.1 of this rule. Commercial bait dealers may also sell rainbow smelt as bait, provided one of the following criteria are met: 7.3.1 Rainbow smelt are obtained from a fish hatchery approved by the Commissioner as set forth in subsection 7.5 of this rule and its subsections: or 7.3.2 Rainbow smelt are harvested by open-water/ice fishing and sold for use on the same Waterbody on which the bait dealer is located in accordance with subsection 7.6 of this rule and its subsections; or 7.3.3 Rainbow smelt are commercially purchased or harvested in accordance with subsection 7.7 and its subsections. 7.4 Commercial bait dealers must declare in their permit application if they will be a statewide baitfish dealer, Waterbody-specific baitfish dealer, or a zone-specific baitfish dealer (limited to one). 7.5 Statewide baitfish dealers are prohibited from possessing, buying or selling wild-caught baitfish. 7.5.1 Baitfish sold by statewide baitfish dealers shall originate from a fish hatchery approved by the Commissioner. 7.5.2 Statewide baitfish dealers shall hold or keep baitfish in Waterbodies drawn from a secure well, a municipal water source, or other water source approved by the Department. 7.5.3. Baitfish sold by statewide baitfish dealers may be used in Waterbodies throughout the state, though one Baitfish zone or Restricted Water must be designated at purchase. 7.6 Waterbody specific baitfish dealers shall declare on their permit application the Waterbody on which they are located. 7.6.1 Waterbody-specific baitfish dealers may harvest wild baitfish only from the declared Waterbody and offer them for sale and use only on the declared Waterbody. 7.6.2 The baitfish facilities of Waterbody specific baitfish dealers shall discharge to their declared Waterbody. The discharge treatment infrastructure shall adequately filter and disinfect water to the satisfaction of the Department. Note that this does not relieve the baitfish dealer from compliance with all other applicable requirements. 7.6.3 No Waterbody-specific baitfish dealer shall harvest baitfish by netting in or on seasonally closed Waterbodies as listed in 10 V.S.A. Appendix § 122 Subsection 6.0 unless otherwise permitted by their commercial bait dealers permit. Waterbody specific baitfish dealers shall not operate dip nets, cast nets, or umbrella nets exceeding 51 square feet of mesh, or a seine net exceeding 125 feet in length, for the purposes of taking fish for bait, unless otherwise permitted by their commercial bait dealers permit. 7.6.4 All traps, nets, baitboxes or other holding receptacles capable of taking, holding or keeping live baitfish in public waters shall be marked with the name, address, and telephone number of the owner and user. 7.6.5 No person shall commercially harvest baitfish on any Waterbody of the state that is listed as closed to baitfish harvest. The Department will maintain and make available a list of closed Waterbodies. 7.7 Zone-specific baitfish dealers shall declare on their permit application the Waterbody on which they are located, the baitfish zone in which they are located, the baitfish zone from which they intend to harvest, and purchase wild baitfish (limited to one) and the baitfish zone where the baitfish they sell may be used (limited to one). 7.7.1 Zone-specific baitfish dealers shall be located in the baitfish zone which they intend to harvest, purchase, hold, and sell baitfish in, with the following exceptions: 7.7.1.1 Baitfish may be purchased from a fish hatchery approved by the Commissioner outside of the zone-specific dealer’s baitfish zone and sold as zone-specific baitfish. 7.7.1.2 A Zone-specific baitfish dealer can be physically located outside of the baitfish zone in which they intend to sell baitfish provided they hold or keep baitfish in water drawn from a secure water source as approved by the Department. 7.7.2 Zone-specific baitfish dealers shall harvest and purchase wild baitfish only from the declared baitfish zone where the baitfish they sell may be used, and such baitfish shall be offered for sale and use only in the declared baitfish zone or Restricted Water within the declared baitfish zone. 7.7.3 Zone-specific baitfish dealers may purchase wild rainbow smelt provided they meet the provisions of subsections 7.2.3 and 7.11.1 of this rule. 7.7.4 Zone-specific baitfish dealers shall not harvest or purchase wild baitfish which are from or have been used previously on a Restricted Water nor shall they hold or keep baitfish in waters drawn from a Restricted Water. 7.7.5 The baitfish holding facilities of zone-specific baitfish dealers shall discharge to the declared baitfish zone or to a water treatment infrastructure which adequately filters and disinfects water to the satisfaction of the Department. Note that this does not relieve the baitfish dealer from compliance with all other applicable requirements. 7.7.6 No zone-specific baitfish dealer shall harvest baitfish by netting in seasonally closed waters as listed in 10 V.S.A App § 122 subsection 6.0, unless otherwise permitted by their commercial baitfish dealers permit. No zone-specific baitfish dealer shall operate dip nets, cast nets, or umbrella nets that exceed 51 square feet of mesh, or a seine net that exceeds 125 feet in length, for the purposes of taking fish for bait, unless otherwise permitted by their commercial bait dealers permit. 7.7.7 All traps, nets, baitboxes, or other holding receptacles capable of taking, holding, or keeping live baitfish in public waters shall be marked with the name, address, and telephone number of the owner and user. 7.7.8 No person shall commercially harvest baitfish on any Waterbody of the state that is defined as closed to baitfish harvest. The Department will maintain and make available a list of closed waters. 7.8 A commercial bait dealer shall provide to each customer at the point of sale a transportation receipt containing the following information: 1) A unique receipt identification number, 2) The name and telephone number of the bait dealer, 3) date of sale, 4) species purchased, 5) quantity purchased, and 6) baitfish zone or Restricted Water (limited to one) in which the baitfish will be used. 7.9 A transportation receipt shall be valid for 10 days from time and date of sale. 7.10 Receipt books shall be provided to commercial bait dealers by the Department. 7.11 Any holder of a commercial bait dealers permit shall maintain records for each lot of wholesaled hatchery-raised or wild-caught baitfish introduced into their shop. The records shall include: name, address and telephone number of seller (for wholesaled baitfish), and date received, species identification, and quantity purchased or harvested, for wholesaled and wild-caught baitfish. The permit holder shall retain the records for at least one year after the date of sale or harvest. Records shall be provided to the Department immediately upon request. 7.11.1 Any holder of a commercial bait dealers permit that purchases personally harvested wild rainbow smelt from a person shall maintain a list of purchases which includes: name, address, telephone number, and signature of the seller, date of sale, quantity of fish purchased, and Waterbody of origin. Such form will be provided by the Department to the commercial bait dealer. 8.0 Approved Species of Fish for use as Bait. 8.1 Approved species of baitfish: Banded killifish Fundulus diaphanus Blacknose dace Rhinichthys atratulus Bluntnose minnow Pimephales notatus Common shiner Luxilus cornutus Creek chub Semotilus atromaculatus Eastern silvery minnow Hybognathus regius Emerald shiner Notropis atherinoides Fallfish Semotilus corporalis Fathead minnow Pimephales promelas Golden shiner Notemigonus crysoleucas Longnose dace Rhinichthys cataractae Longnose sucker Catostomus catostomus Mimic shiner Notropis volucellus Northern redbelly dace Chrosomus eos Spottail shiner Notropis hudsonius White sucker Catostomus commersoni 8.2 Rainbow Smelt Rainbow smelt Osmerus mordax may be taken only by open-water/ice fishing by hook and line and may be commercially sold as bait. 8.3 Additional Species The following additional fish species, or parts thereof, may be taken only by open-water/ice fishing by hook and line and used for bait only in those waters where taken and shall not be transported alive from those waters. Bluegill Lepomis macrochirus Pumpkinseed Lepomis gibbosus Rock bass Ambloplites rupestris Yellow perch Perca flavescens 8.4 Lake Champlain — In addition to subsections 8.1, 8.2, and 8.3, the following fish species, or parts thereof, may be taken only by open-water/ice fishing by hook and line in Lake Champlain and used as bait in Lake Champlain, as described in 10 V.S.A. App § 122 subsection 5.0, and may not be commercially harvested or sold as bait; Alewife may only be used/possessed if dead: Alewife Alosa pseudoharengus White perch Morone americana 8.5 All other species of fish are prohibited for use as bait. 9.0 Commercial Bait Dealer Application Process. 9.1 A person who wishes to obtain a commercial bait dealers permit shall apply to the Commissioner in writing on a form provided by the Department. The Department may require the applicant to submit such additional information as is necessary to determine that the permitted activities comply with the purposes of this rule, including but not limited to fish health testing, and an analysis of the impact of the sale of baitfish on Vermont’s fish species, fisheries, and natural ecosystems and processes. 9.2 If the application is deficient, the Department shall inform the applicant of the deficiencies and return the application within 30 days of receipt, along with any associated fee, to the applicant for revision and re-submission. 9.3 If the application is denied, the Commissioner shall, within 30 days of receipt of application, send the applicant a written denial setting forth the reasons for the denial. 10.0 Permit Compliance. 10.1 The Permittee shall make the permit available upon request by Commissioner or Commissioner’s designee. Premises and equipment used by persons to take, harvest, purchase, store, or sell baitfish shall be accessible for inspection by the Commissioner and his or her designee. Samples for species determination or disease examination shall be provided immediately upon request. 10.2 Permittees shall provide the Department with additional information as requested on an annual basis or prior to the re-issuance of a new permit. 11.0 Permit Revocation. 11.1 The Commissioner may revoke any permit for: any violation of a permit; failure to comply with this rule; a violation of any rules of the Board; a violation of the provisions of Part 4, Title 10, Vermont Statutes Annotated; or if the Commissioner determines that the revocation is necessary to protect fish or fisheries of Vermont. 11.2 The Commissioner shall comply with all applicable requirements of 3 V.S.A. Chapter 25, related to any permit revocation. 11.3 Appeals of the decisions of the Commissioner are subject to the Vermont Rules of Civil Procedure. 12.0 Waterbodies where the use of fish as bait is prohibited The use of fish in any form whether alive or dead for bait in fishing is prohibited in: Adams Reservoir, Woodford; Beaver Pond, Holland; Beck Pond, Newark; Beebe Pond, Sunderland; Big Mud Pond, Mt. Tabor; Blake Pond, Sutton; Bourn Pond, Sunderland; Branch Pond, Sunderland; Cary Pond, Walden; Cow Mountain Pond, Granby; Griffith Lake, Mt. Tabor; Jobs Pond, Westmore; Lake Pleiad, Hancock; Lewis Pond, Lewis; Little Rock Pond, Wallingford; Martins Pond, Peacham; Mud Pond, Hyde Park; North Pond, Chittenden; Notch Pond, Ferdinand; Red Mill Pond, Woodford; Sterling Pond, Cambridge; South America Pond, Ferdinand; Stratton Pond, Stratton; Unknown Pond, Averys Gore; Unknown Pond, Ferdinand; West Mountain Pond, Maidstone and any additional waters created or reclaimed by the Department. This rule shall be posted at all waters affected. Added 2019, Fish and Wildlife Reg., eff. Jan. 1, 2020; amended 2023, Fish and Wildlife Reg. eff. Jan. 1, 2024; amended 2025, Fish and Wildlife Reg., eff. Jan. 1, 2026.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/10APPENDIX/002Fetched: 10/21/2026