NO. 42. AN ACT RELATING TO THE HEALTH OF VERMONT’S FISH POPULATION.
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 10 V.S.A. § 4254(f) is amended to read:
(f) All persons or businesses who wish to serve as agents shall apply on forms provided by the department. All applicants who become agents, except town clerks or other municipal or state employees who sell licenses as part of their official duties, shall pay an agency origination fee of $100.00 upon establishment of the agency. Except for the fee collected under subdivision (e)(9) of this section, all license fees collected by an agent are the property of the state of Vermont and shall be promptly paid to the state following the procedures established under subdivision (e)(6) of this section.
Sec. 2. 10 V.S.A. § 4605 is amended to read:
§ 4605. PLACING FISH IN WATERS; FISH IMPORTATION PERMITS
(a) A person shall not introduce or attempt to introduce:
great northern pike into any waters ,; or
fish, except trout or salmon, into
public waters frequented by trout or
salmon any waters except private ponds lacking access to other waters of
(b) A person shall not bring into the state for the purpose of planting or introducing, or to plant or introduce, into any of the inland or outlying waters of the state any live fish or the live spawn thereof, unless, upon application in writing therefor, the person obtains from the commissioner a permit so to do. The permit may include conditions which the commissioner finds necessary to guard the health of Vermont’s fish population.
(c) 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. A person shall not possess or bring into the state any fish on the list unless the person has received a permit issued pursuant to this subsection. The commissioner may issue a permit allowing importation and possession of a fish on the list, provided the fish is to be kept in a controlled situation and used for a public purpose such as research or education. A permit issued under this subsection shall include conditions that ensure the health and safety of Vermont’s fish population.
(d) Applicants shall pay a permit fee of $50.00. The commissioner or duly authorized agents, shall make such investigation and inspection of the fish as they may deem necessary and then the importation permit may be granted pursuant to regulations which the board shall prescribe. The commissioner or duly authorized agents shall make a determination on the permit within 10 days of receiving the application. The department may dispose of unlawfully imported fish as it may judge best, and the state may collect damages from the violator of this subsection for all expenses incurred.
in this section shall prohibit the board, the commissioner or their duly
authorized agents from bringing into the state for the purpose of planting,
introducing, or stocking, or from planting, introducing, or stocking
any fish in the state.
Sec. 3. 10 V.S.A. § 5228(e) is added to read:
(e) The commissioner shall adopt rules governing operation of fee fishing businesses which are necessary to ensure that operators, growers, and fishery resources of the state are protected. The rules may include mandatory testing of fish health and imposition of a prohibition on the moving or harvesting of any fish from a fee fishing business found to contain fish which carry an infectious disease.
Sec. 4. 6 V.S.A. § 1154a is amended to read:
TESTING OF CULTURED
TROUT TESTING FISH AND FEE
testing of cultured
trout fish shall be provided to commercial trout
fish farms and fee fishing businesses through an aquaculture
inspection program conducted jointly by the agency of agriculture, food and
markets and the department of fish and wildlife, in accordance with any
memorandum of understanding between the agency and department prepared for this
purpose as required by section Sec. 88 of Act No. 50 of
the Acts of 1991. Such testing shall be at no charge to a the commercial
trout fish farm or fee fishing business. The testing
shall be funded jointly from the operating budgets of the agency of
agriculture, food and markets and the department of fish and wildlife.
trout fish farm must before commencing operation
obtain a breeder’s license from the commissioner of fish and wildlife as
required by section 5207 of Title 10.
Approved: June 7, 2005
The Vermont General Assembly
115 State Street