The Vermont Statutes Online

Title 10 Appendix: Vermont Fish and Wildlife Regulations

Chapter 2: FISH

 

Sub-Chapter 1: General Provisions

§ 101. Day

Unless otherwise specifically provided, the legal day for purposes of this chapter shall begin at twelve o'clock midnight and continue until the next 12:00 midnight. (1961, No. 119, § 2, eff. May 9, 1961.)

§ 102. Hours

Fish may be taken during the open season at any hour of the day. (1961, No. 119, § 2, eff. May 9, 1961.)

§§ 103-106. Repealed.

§ 107. Spearing

A person holding a hunting or combination license may take carp, garfish, bowfin or suckers by spearing during the season provided therefor and in waters designated by section 122 of these regulations. (1961, No. 119, § 2, eff. May 9, 1961.)

§ 108. Shooting pickerel

A person holding a hunting or combination license may take pickerel by shooting, during the season provided therefor and in waters designated by section 122 of these regulations. (1961, No. 119, § 2, eff. May 9, 1961.)

§ 109. Bow and arrow, shooting carp

A person who holds a fishing or combination license may take carp by bow with line attached to arrow during the season provided therefor and in waters designated by section 122 of these regulations. (1961, No. 119, § 2, eff. May 9, 1961.)

§ 109a. Repealed.

§ 110. Repealed.

§ 111. Repealed. 1991, No. 230 (Adj. Sess.), § 1(11)

§§ 112-114. Repealed.

§ 114a. Rule defining mouths of tributaries and lines between points to identify the Vermont portion of Lake Champlain.

This rule is promulgated pursuant to 10 V.S.A. § 4609.

This rule defines the Vermont portion of Lake Champlain, for reciprocal license purposes, easterly of which a Vermont fishing license is required for all individuals fifteen (15) years of age or older.

This rule shall apply to all persons who take or attempt to take fish on the Vermont portion of Lake Champlain and that portion of Lake Champlain easterly of the Vermont portion of Lake Champlain.

2.0 Purpose

The purpose of this rule is to:

a) Define that portion of Lake Champlain lying between the Vermont-New York State boundary and that portion of Lake Champlain lying wholly in Vermont where holders of a New York fishing license are extended reciprocal fishing privileges, and

b) Provide a border for the eastern side of the Vermont portion of Lake Champlain that is easy for anglers to identify, and

c) Ensure the conservation of the fish in the state.

3.0 The Vermont-New York Lake Champlain Border

For the purposes of this rule, and for reciprocal fishing privileges authorized by 10 V.S.A. § 4609(b), the Vermont-New York Lake Champlain Border is defined as starting at a point where the Poultney River empties into the East Bay, then through the middle of the deepest channel of East Bay to the middle of the deepest channel of Lake Champlain, then following the middle of the deepest channel of Lake Champlain in a generally northerly direction to the east of the Four Brothers Islands and the west of Grand Isle, North Hero and Isle La Motte, to the United States border with Canada.

4.0 The Eastern Border of the Vermont Portion of Lake Champlain

For the purposes of this rule, and for reciprocal fishing privileges authorized by 10 V.S.A. § 4609(b), the eastern border of the Vermont portion of Lake Champlain is defined as a line starting on the north shore of the Poultney River where it empties into East Bay, proceeding generally northerly along the shore to the old Rutland Railroad fill on Colchester Point, then following the western side of the old Rutland Railroad fill to Allen Point on Grand Isle, continuing northerly following the western shore of Grand Isle to Tromp Point, then across The Gut to Bow and Arrow Point, then continuing generally northerly along the western shore of North Hero to Pelots Point, then across the Alburg passage to the Point of the Tongue, and then along the western shore of the Alburg peninsula to the United States Border with Canada. When this line crosses a tributary to Lake Champlain, the line shall proceed from the downstream most point of land on one side of the tributary to the downstream most point of land on the other side of the tributary.

5.0 Permitted Activities

Holders of New York fishing licenses may take fish from that portion of Lake Champlain lying between the Vermont-New York border of Lake Champlain and the eastern border of the Vermont portion of Lake Champlain as defined in Part 4.0 above provided the State of New York grants the right to take fish to holders of Vermont fishing licenses in that portion of Lake Champlain lying between the Vermont-New York border and the New York shore. :np

Graphic Representation of the Mouth of a Tributary   (Added 2003, Fish and Wildlife Board Reg. No. 1500, eff. Oct. 31, 2003.)

§ 115. Use of state controlled fishing access areas

1.0 Authority

1.1 This rule is adopted pursuant to 10 V.S.A. § 4145(a) which authorizes the board to make rules to "regulate the use by the public of access areas, landing areas, parking areas or of other lands or waters acquired or maintained pursuant to 10 V.S.A. § 4144."

1.2 This rule applies to use of state controlled fishing access areas and to persons, businesses, or entities that use the fishing access areas.

2.0 Purpose

The purpose of this rule is to:

2.1 Ensure current and future uses are orderly, sustainable, and in accordance with state and federal statutes and guidelines.

2.2 Manage conflict between users by clarifying authorized and prohibited activities and ensuring users share in the burdens and benefits of use.

2.3 Protect the fishing access areas for statutorily approved uses.

3.0 Definitions 

3.1 Commercial Activity is any activity or service that produces income to any entity or individual.

3.2 Nonprofit Charitable Organization means an entity organized and operated exclusively for exempt purposes set forth in Section 501(c)(3) of the Internal Revenue Code.

3.3 Picnicking includes but is not limited to any activity that involves, cooking, grilling, food preparation and, set-up associated with eating (including setting blankets or table cloths laid on the ground).

3.4 Camping includes any activity using a tent, camper, or motor home, any activity involving preparation of an area for sleeping or, any overnight sleeping.

3.5 Group use is use actually or potentially involving 10 or more people or two or more vehicles at a time.

3.6 Parking is the leaving of motor vehicles or trailers unattended in an access area.

3.7 Motor vehicles are all vehicles propelled or drawn by power other than muscle power.

3.8 Vessel means motor boats, boats, kayaks, canoes and sail boats.

4.0 Authorized Activities

The following are authorized activities in order of priority:

4.1 Angling, ice fishing and the launching of any vessel to be used for fishing and parking of vehicles and trailers necessary for and contemporaneous with these purposes.

4.2 The launching of inboard and outboard motorboats engaging in any activity and parking of vehicles and trailers necessary for and contemporaneous with that purpose.

4.3 Trapping, hunting and parking of vehicles and boat trailers necessary for and contemporaneous with that purpose.

4.4 Launching of all non-motorized vessels not used for commercial purposes and parking of vehicles and boat trailers necessary for and contemporaneous  with that purpose. Users shall launch from the designated non-motorized launch site, when such a site is identified.

4.5 ATV's and snowmobiles when being used solely for the purposes of ice fishing.

4.6 Permitted special uses.

5.0 Prohibited Activities

5.1 Discarding of bottles, glass, cans, paper, junk, litter, food, or any other garbage or trash.

5.2 Discarding of dead fish, wildlife or portions thereof.

5.3 Washing or cleaning of vehicles and equipment other than for the purpose of removing aquatic plants and organisms.

5.4 Washing or cleaning of fish or wildlife.

5.5 Camping.

5.6 Picnicking.

5.7 Making or maintaining fire of any kind.

5.8 Water skiing.

5.9 Swimming.

5.10 Use of snowmobiles and ATVs, except for those being utilized solely for the purpose of ice fishing.

5.11 Parking of vehicles and or trailers while the vehicle owner or user is not present at the access area or on the adjacent public waters except as otherwise permitted by the commissioner.

5.12 Storage of vehicles and or trailers or placing of vehicles or trailers for sale.

5.13 Withdrawal of water except as authorized under paragraph 6.0.

5.14 Parking in excess of 72 consecutive hours except that the commissioner may issue permits for longer parking when the commissioner determines that there will be no adverse impact on authorized uses found in

5.15 Commercial activity except as authorized by paragraph 7.0 below.

5.16 Activity that interferes with a priority use, such as, but not limited to the mooring or beaching of boats, using the ramp to rig a boat or boats thus obstructing use of the ramp, and the storing of boats or trailers at an access area.

5.17 Group use not specifically authorized by the commissioner.

5.18 Launching and recovery of sailboards, rafts, snow kites, and the parking of vehicles and trailers supporting these activities.

5.19 All other activity that is not specifically permitted by this rule unless specifically authorized by the commissioner.

6.0 Authorized Users

6.1 Any person who is engaged in any authorized activity.

6.2 Any group that has received approval for group use in accordance with this rule.

6.3 Fire departments that have executed a Memorandum Of Agreement (MOA) with the commissioner for the installation and use of a dry hydrant. And then, only in accordance with their MOA. Fire departments may also use Access Areas without dry hydrants as emergency water sources to fight fires and will notify the local warden as soon as practicably possible.

6.4 Individuals participating in a fishing tournament permitted under 10 V.S.A. § 4613.

7.0 Limited Commercial Activity

7.1 Commercial activity at fishing access areas is limited to entities and persons taking part in activities authorized by 4.1, 4.2 and 4.3 above.

8.0 Special Permits

8.1 The commissioner may authorize special permits for entities or persons to use an access area for group use when the commissioner determines that there will be no adverse impact on authorized priority uses.

8.2 The Commissioner may authorize the use of access areas by an educational institution or a nonprofit charitable organization conducting a fundraising event of limited duration, provided that the event will not conflict with a priority use of the access area.

8.3 Special permits shall not be issued and may be revoked immediately for activities that substantially interfere with authorized uses.

8.4 Permit fees shall be in accordance with the schedule of fees established under 10 V.S.A. § 4132(e).

9.0 Speed Limit

The maximum speed on access areas shall be 15 miles per hour. (Added 1962, Fish and Game Board Reg. No. 641, eff. May 1, 1962; amended 1987, Fish and Wildlife Board Reg. No. 641, eff. June 4, 1987; 2006, Fish and Wildlife Board Reg. No. 641, eff. Aug. 31, 2006; 2007, Fish and Wildlife Board Reg. No. 641, eff. Sept. 1, 2006; Fish and Wildlife Board Reg, effective May 18, 2010.)

§ 116. Atlantic salmon management in Connecticut River

(a) Definitions.

(1) "Angling" means fishing with hook and line which must be personally attended.

(2) "Fly fishing" means angling with the use of a single fly with either a single or double (side by side) hook, whose gape may not exceed 1/2 inch, dressed with hair, feathers, tinsel, thread, yarn or similar material. The use of lead core lines is prohibited. Additional weight may not be built into the fly in its construction, as in a weighted nymph, and no additional weight or other attachments such as spinners or swivels shall be attached to the hook, leader or line, and the use of open or closed face spinning reels, spin cast reels, free spool reels, bait casting reels or similar devices is prohibited.

(3) "River" means the main stem of the Connecticut River from a line drawn from Griswold Point in Old Lyme, Connecticut to Lynde Point, Old Saybrook, Connecticut upstream to the base of the dam at Lake Francis in Pittsburg, New Hampshire.

(4) "Snagging" (snatching, lifting or jigging) means the taking or attempting to take any fish by foul hooking, that is, hooking the fish in any part of the body other than inside the mouth.

(5) "States" means the Connecticut River basin states of Connecticut, Massachusetts, New Hampshire and Vermont.

(6) "Take" or "taking" means killing or capturing or otherwise rendering into possession.

(b) Connecticut River Basin Atlantic Salmon License.

(1) In accordance with the authorizing statutes, no person shall take, attempt to take, assist in taking or possess on the waters or the shores of the river or any of its tributaries any Atlantic salmon without first having obtained a Connecticut River basin Atlantic salmon license.

(2) Such license shall be issued by the states on forms provided by the Commission and shall be valid during the calendar year of issue.

(3) No person shall be issued such license unless such person has first obtained the appropriate sport fishing license required by the state which is to issue the Connecticut River basin Atlantic salmon license.

(4) Such license shall be displayed in a conspicuous manner on the outer garment at all times when angling for Atlantic salmon.

(5) The fee for such license shall be ten dollars and fifty cents ($10.50), fifty cents ($0.50) of which may be retained by the state of issuance.

(c) Seasons, methods and limits.

(1) No person shall take or attempt to take from the river or possess on the waters or shores of the river any Atlantic salmon except that the Commission, acting under Article VIII, Section 6 of its Statement of Practices and Procedures, when it has evidence that sufficient numbers of Atlantic salmon have returned to the river, may declare an open season in the river or in specified sections of the river for such periods as it deems appropriate and may close such season for cause.

(2) Upon the declaration of an open season for Atlantic salmon in the river, the Commission shall provide, to the states, Connecticut River Atlantic salmon tags to be issued, at no additional cost, to holders of the Connecticut River basin Atlantic salmon license in a number determined by the Commission to be the individual season creel limit. Any person taking any Atlantic salmon in the main stem of the Connecticut River shall immediately attach thereto a Connecticut River salmon tag and the possession of an Atlantic salmon on the waters or shores of the river without such tag attached and the removal of such tag prior to preparation for consumption is prohibited.

(3) During any open season declared by the Commission, Atlantic salmon may be taken by fly fishing only, the minimum length for Atlantic salmon shall be fifteen (15) inches and the daily and seasonal creel limit shall be as determined by the Commission upon declaration of an open season.

(4) Any Atlantic salmon taken under the provisions of this section must be presented for inspection within forty-eight (48) hours to an authorized agent of the fish and wildlife agency in the state in which such Atlantic salmon was taken.

(5) The snagging of Atlantic salmon is prohibited.

(6) The taking of Atlantic salmon with the aid of an artificial light is prohibited.

(7) No Atlantic salmon may be taken within 250 feet of any dam or fishway.

(8) The use of a gaff to land Atlantic salmon is prohibited.

(9) All Atlantic salmon taken contrary to this section shall be immediately returned, without avoidable injury, to the water from which taken.

(d) Scientific purposes. Nothing in this section shall prohibit a duly authorized state, federal, or Commission employee, acting within the scope of official employment, from taking or possessing Atlantic salmon for the purposes of research, management or propagation.

(e) Penalties. Any person who violates any provision of this section shall be subject to the penalties set forth in the statutes of the state in which the violation occurred. Upon conviction of any person for any violation of any provision of this section, the Connecticut River basin license issued to such person and the right to obtain such license shall be suspended for a period of one year for the first violation, two years for the second violation and five years for the third and subsequent violations. Upon suspension of said license, any Connecticut River Atlantic salmon tags issued under the provisions of this section shall be surrendered to the state of issuance.

(f) Effective date. The effective date of this section shall be June 1, 1985. (1985, Connecticut River Atlantic Salmon Commission Regs., eff. June 1, 1985.)

§ 117. Fish propagation

(1) Purpose. The purpose of this regulation is to carry out the mandate of the Vermont General Assembly to control, through a permit program, the propagation of fish, 10 V.S.A. chapter 119, §§ 5207-5209. In addition, a Memorandum of Understanding of the operation of the fish health inspection program was adopted July 21, 1992, by the Commissioners of the Fish and Wildlife Department and the Department of Agriculture, Food and Markets. The Department of Fish and Wildlife will review the Fish and Wildlife regulation governing the industry of fish propagation annually. This review will consider the recommendations of the Vermont Aquaculture Advisory Board to include testimony and data.

(2) Scope of Regulations. The provisions of this part are in addition to, and not in lieu of, any present State law or regulation pertaining to the taking of any fish in a lawful means and lawful manner. These regulations provide for the establishment of an application process, investigation process, permit issuance process and conditions under which the propagated species may be sold or purchased.

(3) Definitions.

(A) Fish. All fresh water fish and any salt water fish capable of adapting to fresh water. Also includes live fish, viable fish eggs, and viable sperm.

(B) Propagation. To cause to multiply or breed. To increase the species, or to cause to spread.

(C) Endangered Species. All fish named as threatened or endangered by the Federal Endangered Species Act (P.L. 93-205) and those listed as threatened or endangered pursuant to 10 V.S.A. chapter 123.

(D) Commissioner. Commissioner of the Vermont Fish and Wildlife Department.

(E) Department. Vermont Fish and Wildlife Department.

(F) Injurious Fish. Fish determined by the Vermont Fish and Wildlife Department or the United States Fish and Wildlife Service to be a danger to or potential danger to, Vermont's fish or wildlife.

(G) Annual Fish Health Inspection. Annual inspection (minimum once a year) for fish pathogens using inspection procedures approved by the Department, such as those provided for in the most recent addition of the "Blue Book," which is developed by the Fish Health Section of the American Fisheries Society (AFS) or the most recent addition of the "Fish Health Protection Regulations Manual of Compliance," of the Department of Fisheries and Oceans, Canada.

(H) Fish Health Inspector. Person responsible for carrying out fish health inspections based on standards approved by the Department, such as those provided for by the Fish Health Section of the American Fisheries Society and/or the New England Salmonid Health Guidelines.

Fish health inspectors shall have access to adequate laboratory facilities and qualified personnel to assure the prompt conduct of inspections, diagnosis, and reporting.

(I) Fish Lot. A group of fish of the same species and age that originated from the same discrete spawning population during the same year, and are being raised on the same water source.

(4) Permit Requirements.

(A) A person shall not rear for sale or distribution, any species of live fish within this state without first procuring a permit from the Commissioner to do so (10 V.S.A. chapter 119, §§ 5207-5209). Persons maintaining fish in a closed rearing aquarium (no water discharge) may request exemptions (on the fish propagation application form) from the Annual Fish Health Inspection and/or the Breeders License.

(B) All individuals holding a Breeders License for trout and/or salmon will be required to have annual fish health inspections, conducted by a qualified fish health inspector acceptable by the Department. However, persons maintaining fish in a closed rearing unit may be exempt from the annual fish health inspection. All fish lots on the facility shall be tested for VHS (Viral Hemorrhagic Septicemia), IPN (Infectious Pancreatic Necrosis), IHN (Infectious Hematopietic Necrosis), BKD (Renibacterium salmoninarum), ERM (Yersinia ruckeri), Aeromonas salmonicida (Furunculosis), Myxobolus cerebralis (Whirling disease), and other disease agents, that may be deemed necessary by the Commissioner. Fish health inspections will be scheduled by the fish health inspector. Individuals holding a Breeders License will be responsible for providing aid to help the fish health inspector with the collection of fish during the scheduled date of the inspection.

(C) Other species will be required to be inspected for those pathogens deemed necessary by the Commissioner with the approval of the Commissioner of Agriculture, Food and Markets.

(D) Sample sizes for each lot must be approved by the Department such as those provided for by the Fish Health Section of the (AFS) and/or the New England Salmonid Health Guidelines. (Mixed fish lots will be sampled according to the discretion of the Department.)

(E) If at any time fish are found to be infected with the causative agents of VHS (Viral Hemorrhagic Septicemia), IHN (Infectious Hematopoietic Necrosis), Whirling Disease (Myxobolus cerebralis) and/or other diseases as determined by the Commissioner to be a serious threat to the fishery resources of the State of Vermont, the Commissioner shall have the authority to impose an immediate prohibition on moving any fish. During the prohibition a compliance agreement stating the appropriate procedures for the disposal of fish and the disinfection of the facility shall be determined by the Department's appropriate representative and in consultation with the owner/operator in cooperation with a nonaffiliated fish health specialist. Other diseases as determined by the Commissioner, with the approval of the Commissioner of Agriculture, Food and Markets, to be a serious threat to the fisheries resources of the State of Vermont may also result in this action.

The action shall be designed to bring the least amount of economic hardship to the affected party, while affording maximum protection to other operators, growers, and the fishery resources of the State of Vermont.

(5)(A) Application.

(1) The applicant for a Breeders License shall apply on a form supplied by the Department and include appropriate fee. Such forms must be complete in all respects and shall contain the following information:

(a) License number.

(b) A description of the land or water to be utilized for propagation.

(c) Information on whether the applicant is the owner or lessee of such lands or waters. If the applicant is not the owner, list the owner's name and address.

(d) A map of the property and waters indicating any ingress and egress to his/her waters by public waters.

(e) A map of existing and/or proposed fish rearing units, including water sources. Unit type, volume, and available water supply (gallons per minute) should be included.

(f) Reason for propagating species: food fish or live sale (percent of each).

(g) The complete name, common and scientific, of each fish species will be listed on the application.

(h) A copy of the latest annual fish health inspection report and the fish health inspection reports of fish lots introduced to the station in the past year must be included. (See Page 2, B through E.)

(i) The applicant shall sign the application.

(j) A report shall be sent to the Department 30 days prior to the anniversary date of initial issuance. The report shall have an annual accounting (since submission of previous application) of all fish lots and/or eggs purchased or obtained, from who purchased or obtained, number, kind, and size of fish and/or eggs. The applicant shall sign the report. (Failure to comply will disqualify the permittee for issuance of a subsequent permit.)

(2) Upon receipt of the application the Department shall, within 30 working days, investigate and determine if the information on the application is correct and approve or deny the application.

(B) Issuance of Permit.

(1) Breeders Licenses will not be issued for: Endangered Species or Injurious Fish.

(2) If the permit application is denied, the applicant may appeal to the Commissioner for a hearing pursuant to Title 3, chapter 25 of Vermont Statutes Annotated.

(3) Conditional permits may be issued, based on specifications and requirements set forth by the Department.

(4) All Breeders Licenses shall expire on the anniversary date of initial issuance. Subsequent applications for a propagation permit will, if approved, receive the same breeders permit number assigned in the past.

(6) Marking-Invoices. All persons licensed to propagate fish pursuant to this part shall provide an invoice and/or mark any box, carton, barrel, can, or other type of container or wrapper containing any propagated fish with the following information:

(a) Name and address of propagator, supplier, or producer

(b) License number

(c) Species

(d) Number and/or total weight. (1994, Fish and Wildlife Commissioner's Reg. No. 1004, eff. March 26, 1994.)

§ 118. Repealed by order of the commissioner.

§ 119. Filleting fish

No species of fish that has a length limit restriction shall be filleted or altered to restrict the determination of length while on any body of water, except as follows:

If fish are to be consumed or filleted on the water, the fillets may be removed, but the head, vertebrae, and tail must be retained and remain intact to determine legal length. (1991, Fish and Wildlife Board Reg. No. 943, eff. Jan. 5, 1991.)

§ 120. Special regulations-Noyes Pond

1. Fishing in Noyes Pond shall be by fly fishing only. (Flies shall be artificial only.)

2. The flies shall be single hook only, and must be either barbless or the barb filed or crimped down.

3. Fishing from the shore of Noyes Pond and its tributaries is prohibited.

4. Fishing is permitted only between the hours of 6:00 a.m. and one (1) hour after official sunset. (1991, Fish and Wildlife Board Reg. No. 987, eff. Aug. 9, 1991.)

 

Sub-Chapter 2: Seasons, Waters, And Limits

§ 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, and in accordance with

1.2 10 V.S.A. § 4605(c) 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) 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. Appen. § 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;

(d) Whether it is for public purpose;

(e) Whether there are available alternatives;

(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. :np

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=ig;fishspecieslist06 ( -Added 2009, Fish and Wildlife Board Reg., eff. January 10, 2010.)

[Section 122 effective until January 1, 2014; see also section 122 effective Janury 1, 2014 set out below.]

 

§ 122. Fish Regulation

 1.0 Authority

1.0 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 fur-bearing 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.

2.0 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.

3.0 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 fur-bearing 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 Angling, legal methods of taking fish

3.1 Definitions

3.1.1 Baited Hook - A single shank hook with 1, 2, or 3 points which may be baited with natural or artificial bait or both.

3.1.2 Lure - A man-made device designed to catch only one fish at a time, to include a spoon, plug, spinner, bait harness, tandem hook streamer or lead head jig.

3.1.3 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.

3.1.4 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.

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, except that at Seymour Lake and Little Averill Lake a person may take fish only by using not more than one line.

3.3 A person fishing by angling shall not take fish through the ice, from the ice, or from an object supported by the ice.

3.4 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 other part of the body with a hook or hooks manipulated in such a manner as to pierce and hook the fish other than in the mouth shall be considered to be foul hooked, and shall be prima facie evidence of foul hooking.

 4.0 Ice Fishing

4.1 Definitions

4.1.1 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 two baited hooks or three artificial flies or two lures on each line. A person shall not operate more than eight lines, except on Lake Champlain where no more than 15 lines may be operated, and except on Seymour and Little Averill Lakes, where not more than four lines may be operated.

4.3 A person so fishing shall have at all times immediate control over the lines while in operation at all times.

4.4 The definitions of section 3 are applicable to this section.

 5.0 The taking, possessing, transporting, use and selling of baitfish

5.1 Purpose

5.1.1 This rule applies to fish used as bait. This rule shall apply to all persons who take, possess, transport, use, or deal with baitfish.

5.1.2 The purpose of this paragraph is to: a) protect the fish, and fisheries in the state, b) ensure the conservation of the fish and fisheries in the state, c) maintain the best health of species of the state, d) prevent the introduction or spread of a disease or parasite harmful to humans and wild species, and e) prevent the escape or release of non-native species or species injurious to or competitive with natural ecological systems and processes.

5.2 Definitions

5.2.1 "Application" means a specific form provided by the fish and wildlife department.

5.2.2 "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.

5.2.3 "Baitfish" means fish species and parts thereof, living or dead, used for the purpose of attracting and catching fish.

5.2.4 "Commercial Dealing, dealing, or deal" means to sell as defined in 10 V.S.A. § 4001(22).

5.2.5 "Fish Hatchery" refers to any fish culture station, hatchery, or artificial rearing pond which grows or maintains baitfish for sale in Vermont.

5.2.6 "Permit" is a document from the commissioner granting a Commercial Bait Dealers Permit.

5.2.7 "Waterbody" means any lake, pond, river, or stream including all tributaries upstream to the first barrier impassable to upstream fish movement.

5.2.8 "Commercially Preserved Baitfish" means baitfish which are chemically treated in a manner approved by the department, and then packaged for retail sale.

5.2.9 Personal Baitfish Harvest" means baitfish taken for noncommercial use.

5.3 Personal Baitfish Harvest

5.3.1 Personally harvested baitfish may be used only on the same waterbody, as defined in 5.2.7, from which they were collected.

5.3.2 A person may harvest for baitfish only those fish species listed under paragraphs 5.6. and 5.6.1.

5.3.3 It is unlawful to take baitfish for personal use other than by the following methods: a) minnow traps no longer than eighteen inches with an entrance for fish not exceeding one inch 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) angling by hook and line.

5.3.4 The personal harvest of baitfish is unlawful in Seasonally Closed Waters as listed in Section 9.0 of this regulation, except by angling or the use of minnow traps no longer than eighteen inches with an entrance for fish not exceeding one inch in diameter, and only during the open season for trout.

5.3.5 All traps, nets, baitboxes or other holding receptacles capable of taking, holding or keeping live baitfish in public waters must be marked with the name and address of the owner and user, unless the owner is present.

5.3.6 Personally harvested baitfish shall not be transported by motorized vehicle away from the waterbody from which they were collected.

5.3.7 Baitfish may be held on the water in a pen or baitbox as defined in paragraph 5.2.2. Unwanted baitfish shall be discarded dead in the water or on the ice.

5.3.8 Personally harvested baitfish may be collected from a waterbody's tributaries upstream to the first impassable barrier for use on such waterbody. Personally harvested baitfish shall not be transported upstream beyond the first impassable barrier.

5.3.9 The personal harvest of baitfish is prohibited 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.

5.3.10 Fish eggs may be collected from legally angled fish from Vermont waters, and used immediately as bait on the same water where taken unless that water body has been closed to baitfish collection. It is illegal to move personally harvested fish eggs to any other waterbody. It is illegal to transport fish eggs away from and return them to the same waterbody for use as bait unless they have been processed in a manner approved by the Department.

5.4 Commercially Purchased Baitfish

5.4.1 It is unlawful to import baitfish into the state of Vermont without a Fish Importation Permit, except as provided for in paragraphs 5.4.4 and 5.4.5.

5.4.2 A person purchasing baitfish shall retain and show upon request a transportation receipt issued by a state-approved commercial bait dealer, authorizing transportation of baitfish overland by motorized vehicle. The receipt shall contain the following information: 1) A unique receipt identification number, 2) The name and telephone number of the bait dealer, 3) time and date of sale, 4) species purchased, 5) quantity purchased, 6) waterbody (limited to one) on which the baitfish will be used, 7) signature of purchaser.

5.4.3 A transportation receipt shall be valid for 96 hours from time and date of sale.

5.4.4 Anglers may purchase baitfish from a New York baitshop for use on Lake Champlain only, provided the baitshop is Vermont-licensed, and the baitfish are accompanied by a Vermont-issued baitfish transportation receipt.

5.4.5 Anglers may purchase baitfish from a New Hampshire baitshop for use on the Connecticut River and its setbacks only, provided the baitshop is Vermont-licensed, and the baitfish are accompanied by a Vermont-issued baitfish transportation receipt. For the purposes of this paragraph, the Connecticut River is defined as all waters of the river including the bays, setbacks, and tributaries, only to the first highway bridge crossing said tributaries on the Vermont side.

5.4.6 Anglers shall not transport baitfish away from waters of the state by motorized vehicle. Baitfish may be held on the water in a pen or baitbox as per paragraph 5.2.2. Unwanted baitfish shall be discarded dead in the water or on the ice.

5.4.7 Commercially prepared and preserved baitfish and fish eggs available from retailstores may be purchased and used as bait, and may be taken home and kept for later use,provided they are retained in the original packaging at all times.

5.5 Commercial Bait Dealers

5.5.1 Any person who buys bait for resale or sells baitfish is required to obtain a Commercial Bait Dealers Permit from the commissioner.

5.5.2 Commercial Bait Dealers may sell as bait only those species of fish listed under section 5.6 and 5.6.1. Commercial Bait Dealers may also sell rainbow smelt as bait, provided they are obtained from a fish hatchery approved by the commissioner as per paragraph 5.5.4 and its subsections below, or harvested and sold for use on the same waterbody on which the Bait Dealer is located as per paragraph 5.5.5 and its subsections below.

5.5.3 Commercial Bait Dealers must declare in their permit application if they will be a statewide baitfish dealer, or a Waterbody-Specific baitfish dealer.

5.5.4 Statewide baitfish dealers are prohibited from possessing, buying or selling wild-caught baitfish.

5.5.4.1 Baitfish sold by statewide baitfish dealers must originate from a fish hatchery approved by the commissioner.

5.5.4.2 Statewide baitfish dealers must hold or keep baitfish in waters drawn from a secure well or municipal water source approved by the fish and wildlife department.

5.5.4.3 Baitfish sold by statewide baitfish dealers may be used in waters throughout the state, except those waters as described in Section 6.0 of this regulation.

5.5.5 Waterbody-specific baitfish dealers must declare on their permit application the waterbody on which they are located.

5.5.5.1 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.

5.5.5.2 Waterbody-specific baitfish dealers must have baitfish holding facilities that discharge directly to their declared waterbody. Holding facilities must not discharge to other waters of the state.

5.5.5.3 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 provided for on a Commercial Bait Dealers Permit. Baitfish netting is prohibited in all Seasonally Closed Waters as listed in Section 9.0 of this regulation, unless otherwise provided for on a Commercial Bait Dealers Permit.

5.5.5.4 The commercial harvest of baitfish is prohibited 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.

5.5.6 A Commercial Bait Dealer shall provide to each customer at the point of sale a copy of a transportation receipt containing the following information: 1) A unique receipt identification number, 2) The name and telephone number of the bait dealer, 3) time and date of sale, 4) species purchased, 5) quantity purchased, 6) waterbody (limited to one) on which the baitfish will be used, 7) signature of purchaser.

5.5.7 A transportation receipt shall be valid for 96 hours from time and date of sale.

5.5.8 Receipt books shall be provided to Commercial Bait Dealers by the department.

5.5.9 Any holder of a Commercial Bait Dealers Permit shall maintain receipts or records for each lot of wholesaled hatchery-raised or wild-caught baitfish introduced into their shop. The receipts or 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 receipts and records for at least one year after the date of sale or harvest. Receipts or records must be provided to the department immediately upon request.

5.6 Approved Species of Fish for use as Bait

Eastern silvery minnow Hybognathus regius

Fathead minnow Pimephales promelas

Bluntnose minnow Pimephales notatus

Emerald shiner Notropis atherinoides

Golden shiner Notemigonus crysoleucas

Spottail shiner Notropis hudsonius

Common shiner Luxilus cornutus previous Notropis cornutus

Mimic shiner Notropis volucellus

Creek chub Semotilus atromaculatus

Fallfish Semotilus corporalis

Blacknose dace Rhinichthys atratulus

Longnose dace Rhinichthys cataractae

Northern redbelly dace Phoxinus eos

White sucker Catostomus commersoni

Longnose sucker Catostomus catostomus

5.6.1 The following additional fish species, or parts thereof, may be taken by angling and used for bait only in those waters where taken and shall not be transported alive from those waters:

Rainbow smelt Osmerus mordax

Yellow perch Perca flavescens

5.6.2 All other species of fish are prohibited for use as bait.

5.7 Commercial Bait Dealer Application Process

5.7.1 A party who wishes to obtain a Commercial Bait Dealers Permit shall apply to the commissioner in writing on a form provided by the department. The commissioner or duly authorized agents 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. The commissioner or duly authorized agents shall review the application and determine whether the application is complete or deficient.

5.7.2 If the application is deficient, the commissioner or agents 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. Once the application is complete, the commissioner or agents shall review the information supplied to assess the impact of the proposed operation on Vermont's fish and fisheries. The commissioner may issue the person an annual permit for commercial bait dealing. If the application is denied, the commissioner shall, within 30 days of receipt of application, send the person a written denial providing the reasons why the application is denied.

5.8 Permit Compliance

5.8.1 The permittee shall make the permit available upon request by an agent of the department. Premises and equipment used by persons to take, store, or deal in baitfish shall be accessible for inspection by the commissioner and his or her agents. Samples for species determination or disease examination shall be made available immediately upon request.

5.8.2 Permittees shall provide the department with additional information as requested on an annual basis or prior to the re-issuance of a new permit.

5.9 Permit Revocation

5.9.1 The commissioner may revoke any permit issued in order to protect regulated species when there is a concern of a disease developing, for failure to comply with the provisions of this rule, for failure to comply with other rules promulgated by the board or for failure to comply with the provisions of Part 4, Title 10, Vermont Statutes Annotated.

5.9.2 Upon receipt of information alleging that a person permitted to deal commercially in baitfish within the State of Vermont has violated rules promulgated by the board or the provisions of Part 4 of Title 10 of the Vermont Statutes Annotated, the commissioner shall cause the information to be investigated. If as a result of the investigation the commissioner finds that there is a reasonable belief that a person permitted under this rule has violated rules promulgated by the board or the provisions of Part 4 of Title 10 of the Vermont Statutes Annotated, then the commissioner shall notify that person in writing of the intent to revoke the permit.

5.9.3 Prior to permit revocation, the commissioner shall provide a proceeding consistent with 3 V.S.A. § 814(c).

5.9.4 Appeals of the decisions of the commissioner are subject to the Vermont Rules of Civil Procedure.

5.10 Permanent Rule Effective Date and Expiration of Emergency Rule

5.10.1 This rule shall take effect 15 days after being adopted by the fish and wildlife board and filed with the secretary of state and legislative committee on administrative rules. The existing emergency rule regarding baitfish shall expire when this regulation takes effect.

6.0 Use of fish as bait

The use of fish in any form whether alive or dead for bait in fishing is prohibited in:

Adams Reservoir, Woodford;

Beaver Pond, Holland;

Beebe Pond, Sunderland;

Big Mud Pond, Mt. Tabor;

Blake Pond, Sutton;

Bourn Pond, Sunderland;

Branch Pond, Sunderland;

Cow Mountain Pond, Granby;

Griffith Lake, Mt. Tabor;

Jobs Pond, Westmore;

Lewis Pond, Lewis;

Little Rock Pond, Wallingford;

Martins Pond, Peacham;

McIntosh Pond, Royalton;

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

and any ponds as may be created or reclaimed by the fish and wildlife department. This regulation shall be posted at all waters affected.

 7.0 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;

Between October 1 and October 31, on the Clyde River (Newport City, Orleans County) from the downstream edge of the arch bridge at Gardner Park entrance upstream to the top of the abandoned mill dam located immediately upstream of the Newport 1, 2, 3 hydroelectric powerhouse, fishing may be done with artificial flies and lures only, and all salmon caught must be released.

 9.0 Seasonally Closed Waters

9.1 The following lakes and ponds or portions thereof are hereby designated Seasonally Closed Waters and shall be closed to all fishing except during the open season for trout as provided in section 10 of these regulations:

Adams Reservoir, Woodford

Ansel Pond, Bethel

Baker Pond, Barton

Bald Hill Pond, Westmore

Bean Pond, Sutton

Beaver Pond, Holland

Beck Pond, Newark

Beebe Pond, Sunderland

Big Averill Lake, Norton and Averill

Big Mud Pond, Mt. Tabor

Blake Pond, Sutton

Bourn Pond, Sunderland

Branch Pond, Sunderland

Brown Pond, Westmore

Caspian Lake, Greensboro

Center Pond, Newark

Colby Pond, Plymouth

Cow Mountain Pond, Granby

Crystal Lake, Barton

Duck Pond, Sutton

Dufresne Pond, Manchester

East Long Pond, Woodbury

Echo Lake, Charleston

Ewell Pond, Peacham

Forest Lake, Averill

Goshen Dam (Sugar Hill Reservoir), Goshen

Griffith Lake, Mt. Tabor

Hapgood Pond, Peru

Hartwell Pond, Albany

Holland Pond, Holland

Jobs Pond, Westmore

Knapp Brook Pond No. 1, Reading and Cavendish

Knapp Brook Pond No. 2, Reading and Cavendish

Lake Dunmore-Salisbury and Leicester - Except from Sucker Brook to the island south, which shall be open.

Levi Pond, Groton

Lewis Pond, Lewis

Little Averill Lake, Averill

Little Elmore Pond, Elmore

Little Rocky Pond, Wallingford

Long Pond, Newbury

Long Pond, Westmore

Maidstone Lake, Maidstone

Marl Pond, Sutton

Martins Pond, Peacham

May Pond, Barton

McIntosh Pond, Royalton

Mud Pond, Hyde Park

Nelson Pond (Forest Lake), Calais and Woodbury

Nichols Pond, Woodbury

North Pond, Chittenden

Norton Pond, Norton

Notch Pond, Ferdinand

Noyes (Seyon) Pond, Groton

Peacham Pond, Peacham

Perch Pond, Hyde Park

Pigeon Pond, Groton

Red Mill Pond, Woodford

Seymour Lake, Morgan

Shadow Lake, Glover

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

Sunset Lake, Benson

Unknown Pond, Averys Gore

Unknown Pond, Ferdinand

Vail Pond, Sutton

Vernon Hatchery Pond, Vernon

West Mountain Pond, Maidstone

Wheeler Pond, Barton and Sutton

Willoughby Lake, Westmore

Zack Woods, Hyde Park

9.2 All streams are hereby designated Seasonally Closed Waters and shall be closed to all fishing except during the open season for trout as provided in section 10 of these regulations, provided that this subsection shall not apply to the following streams or portions of streams, which are hereby designated open streams:

Black River - From the Connecticut River boundary upstream to the top of the Lovejoy Dam in Springfield.

Lamoille River - From the Lake Champlain Boundary upstream to the top of the  hydroelectric dam at Fairfax Falls in Fairfax.

Missisquoi River - From the Lake Champlain Boundary upstream to the top of the Sheldon Springs Dam in Sheldon Springs.

Ompompanousuc River - From the Connecticut River boundary upstream to the top of the flood control dam in Union Village in the town of Thetford.

Otter Creek - From the Lake Champlain boundary upstream to the top of the Center Rutland Falls in Rutland.

Waits River - From the Connecticut River boundary upstream to the top of the Central Vermont Power Dam in Bradford.

West River - From the Connecticut River boundary upstream to the top of Townshend Lake Dam in Townshend.

White River - From the Connecticut River boundary upstream to the downstream edge of Route 107 bridge, in Bethel.

Williams River - From the Connecticut River boundary upstream to the top of the dam at Brockway Mills Falls in Rockingham.

Winooski River - From the Lake Champlain Boundary upstream to the top of the Bolton Dam in Duxbury and Waterbury.

Fish of the species named or described in the tables set forth below may be taken:

In the waters specified in column 1, by the method specified in column 2, during the open season specified in column 3.

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 statewide aggregate limit for any species listed.

Businesses may buy lawfully taken fish, with the approval of the commissioner, pursuant to guidelines of the board. Fish species are restricted to species not protected by 10 V.S.A. § 4611.

10.1 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.

10.1.1 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:

10.1.1.1 those species allowed to be possessed and used as live fish for bait,

10.1.1.2 the person has been issued a scientific collection permit by the commissioner which specifically approves of the activity,

10.1.1.3 the person has been issued a fish transportation permit by the commissioner which specifically approves of the activity,

10.1.1.4 the person has been issued a fish breeders permit or fish importation permit by the commissioner which specifically approves of the activity.

10.2 The daily bag limit for a fish species on a water body with a closed season for that fish species is zero.

10.3 "General waters" restrictions are the provisions applicable to all waters of the state, except the waters specifically named or described.

10.4 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 9 of these regulations.

10.5 Open Seasons, Size Restrictions and Daily Bag Limits Tables

a fish species that may be taken in one day)

       

10.5.1 STATEWIDE AGGREGATE DAILY BAG LIMITS

(Maximum number of a fish species that may be taken in one day)

  

        FISH SPECIES                      DAILY AGGREGRATE LIMITS           

                                                                             

Brook Trout                                        12 fish                                       

Brown and Rainbow Trout                 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/Sauger                                  3 fish                                        

Black and White Crappie                   25 fish                                        

American Shad                                   2 fish                                        

Yellow Perch                                      50 fish                                       

Yellow Perch exception         Lake Champlain - No daily limit               

    

10.5.2 BROOK, BROWN AND RAINBOW TROUT

 

1. Waters                      2. Methods      3. Season          4. Size              5. Daily Bag

                                                                                    Restrictions      Limit

 

General                        Angling            Second             No restriction  6 trout

waters.                                                             Saturday in

(except as                                                         April through

listed below)                                                     October 31

Lake Champlain                       Angling and     No closed         Minimum length          3 trout

                                    ice fishing        season              of 12 inches

Rivers and                    Angling            Second             No restriction  12 trout, of

Streams                                                Saturday in                                           which not

April through                           more

                                                            October 31                                than 6 can be

                                                                                                            brown and/or

                                                                                                                        rainbow

 

TROPHY TROUT STREAMS

Listed Below:               Angling                        Second             No restriction  2 trout in

                                    Second Saturday                       aggregate

                                    in  April through

                                    October 31

 

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.

 

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.

 

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.

 

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).

 

Little River - From the confluences with Winooski River upstream to the Route 2 bridge in Waterbury.

 

10.5.3 RAINBOW TROUT (Including STEELHEAD) / BROWN TROUT

 

1. Waters                            2. Methods          3. Season             4. Size                  5. Daily Bag

                                                                                                         Restrictions         Limit

 

Listed                                  Angling                Second                 Minimum size    2 trout

Below:                                                               Saturday in          of 10 inches

                                                                           April through

                                                                           October 31

 Lakes and Ponds

      Caspian Lake, Greensboro

      Echo Lake,

Charleston

      Lake Memphremagog (including South Bay and the connecting waters),

            Coventry, Derby, Newport City and Newport;

Willoughby Lake, Westmore

Rivers and Streams:

      Orleans County:

          Barton River - From the downstream side of the US Route 5 bridge southernmost and closest to the Village of Barton in Barton downstream to Lake Memphremagog

          Black River - From the downstream side of the VT Route 14/58 bridge in Irasburg downstream to Lake Memphremagog.

          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 the Willoughby Lake outlet downstream to the confluence with the Barton River.

 

10.5.4 BROOK, BROWN, RAINBOW, LAKE TROUT AND SALMON – 2 FISH

AGGREGATE LIMITS

 

 

1. Waters                            2. Methods          3. Season             4. Size                  5. Daily Bag

                                                                                                         Restrictions         Limit

 

Listed                                  Angling                Second                 See                        Two fish in

below:                                                               Saturday in          regulations          aggregate

                                                                           April through      for specific

                                                                           October 31          bodies of

                                                                                                         waters

Big Averill Lake, Norton and Averill

Caspian Lake, Greensboro

Center Pond, Newark

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

Lake Dunmore, Salisbury

Lake Memphremagog (including South Bay and the connecting waters), Coventry, Derby, Newport City and Newport;

Little Averill Lake, Averill

Long Pond, Westmore

Maidstone Lake, Maidstone

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.

 

10.5.5 STREAMS OPEN TO YEAR ROUND TROUT FISHING

 

1. Waters             2. Methods          3. Season             4. Size                  5. Daily Bag

                                                                                          Restrictions         Limit

 

The following     Artificial fly        No closed            Catch and            All trout must

portions of           or lure only,        season for            release only         be immediately

the specified       except during      catch and                                           returned to

rivers shall          the open               release only                                       the  waters

be open to            season for                                                                        where taken,

fishing for            trout.                                                                                 except during

trout  year                                                                                                      the open

round:                                                                                                            season, limits

(Listed                                                                                                            apply in

below)                                                                                                            accordance

                                                                                                                        with the river

                                                                                                                        selected.

                                             Open season;    During the

                                             from the 2nd    open season

                                             Saturday in       follow any

                                             April through   species

                                             October 31       restrictions

                                                                                     for the

                                                                                     selected river

 Black River - From the Connecticut River boundary upstream to the top of the Lovejoy Dam in Springfield.

 

Lamoille River - From the Lake Champlain boundary (top of Perterson Dam in Milton) upstream to the top of the hydroelectric Dam at Fairfax Falls.

 

 Lewis Creek - From the Lake Champlain boundary upstream to the State Prison Hollow Road (TH #3) bridge in Starksboro.

 

 Ompompanoosuc River - From the Connecticut River boundary upstream to the Union Village Dam in.

 

 Otter Creek - From the Lake Champlain boundary upstream to top of Center Rutland Falls in Rutland.

 

 West River - From the Connecticut River boundary upstream to the Townshend Dam (Townshend) to Connecticut River boundary.

 

 White River - From the Connecticut River boundary upstream to the bridge on Route 107 in Bethel.

 

Williams River - From the Connecticut River boundary upstream to the top of the dam at Brockway Mills Falls in Rockingham.

 

 Winooski River - From the Lake Champlain boundary upstream to the Bolton Dam in Duxbury and Waterbury.

 

10.5.6 LAKE TROUT AND SALMON

 

 

1. Waters                            2. Methods          3. Season             4. Size                  5. Daily Bag

                                                                                                         Restrictions         Limit

 

General                               Angling                Second                 Salmon -              2 Lake Trout

Waters (all                                                        Saturday in          Minimum             or 2 Salmon

waters except                                                   April through      length                   or

listed below)                                                    October 31          15 inches             1 of each

                                                                                                         Lake Trout -

                                                                                                         Minimum length

                                                                                                         - 18 inches

Lake Champlain                               Angling and         No Closed            Lake Trout and  3 Lake Trout

                                             ice fishing            Season                  Salmon -              and 2 Salmon

                                                                                                         Minimum length

                                                                                                         of 15 Inches

Little                                    Angling with       Angling second  Lake Trout -        1 Lake Trout

Averill Lake                       not more than      Saturday in          Minimum length  and 1 salmon

Seymour Lake                    1 line                    April through      of 20 inches

                                                                           October 31

                                             Ice fishing            Ice fishing:          Salmon -              or 2 Salmon

                                             with not more      third Saturday     Minimum length

                                             than 4 lines          in January            of 15 inches

                                                                           through March

                                                                           15

Listed                                  Angling                Second                 Lake Trout -    2 Lake Trout

Below:                                                               Saturday in          Minimum        or 2 Salmon or

                                                                           April through      length of 18    1 of each

                                                                           October 31          Inches

                                                                                                         Salmon -

                                                                                                         Minimum length

                                                                                                         of 17 Inches

Lake Memphremagog (including South Bay and the connecting waters), Coventry, Derby, Newport City and Newport, excluding all waters of the Clyde River Watershed upstream of the hydroelectric dam that creates West Charleston Pond (Lubber Lake) in West Charleston and excluding Willoughby Lake and all waters that flow into it.

 

10.5.7 SPECIAL ICE FISHING PROVISIONS FOR BROOK, BROWN,

RAINBOW, LAKE TROUT, SALMON AND BASS

 

 

1. Waters                            2. Methods          3. Season             4. Size                  5. Daily Bag

                                                                                                         Restrictions         Limit

 

Listed                                  Ice Fishing           Third Saturday    See species          See species

below:                                 in January                                          restriction            restriction

                                             through March                                  for individual      for individual

                                             15                                                        body of water      body of water

Big Averill Lake, Norton and Averill;

Big Salem Lake, Derby;

Caspian Lake, Greensboro;

Chittenden Dam, Chittenden;

Crystal Lake, Barton;

Echo Lake, Charleston;

Echo Lake, Plymouth;

Eden Lake, Eden;

Elligo Lake, Craftsbury and Greensboro;

Fairlee, West Fairlee;

Glen Lake,

Castleton, Fair Haven, and Benson;

Harriman Reservoir, Whitingham and Wilmington;

Harveys Lake, Barnet;

Island Pond, Brighton;

Joes Pond, Cabot, Danville;

Lake Bomoseen, Castleton and Hubbardton;

Lake Dunmore, Leicester and, Salisbury;

Lake Fairlee, Thetford;

Lake Hortonia, Sudbury,

Hubbardton;

Lake Memphremagog (including South Bay and the connecting waters), Coventry, Derby,  Newport City and Newport;

Lake Morey, Fairlee;

Lake Rescue, Ludlow;

Lake St. Catherine, Wells, Poultney;

Little Averill Lake, Averill;

Little Salem Lake, Derby;

Maidstone Lake, Maidstone;

Marshfield Dam (Mollys Falls Reservoir), Cabot;

Miles Pond, Concord;

Nelson Pond (Forest Lake), Calais and Woodbury;

Norton Pond, Norton;

Parker Pond, Glover;

Peacham Pond, Peachman;

Pensioner Pond, Charleston;

Seymour Lake, Morgan;

Shadow Lake, Glover;

Somerset Reservoir, Somerset;

Sunset Lake, Benson;

Wallace Pond, Canaan;

Waterbury Reservoir, Waterbury;

Willoughby Lake, Westmore;

Woodbury Lake, (Sabin Pond), Calais and Woodbury

 

10.5.8 WILD TROUT STREAMS

 

 

1. Waters             2. Methods          3. Season             4. Size                                 5. Daily Bag

                                                                                          Restrictions                        Limit

 

Lamoille              Angling, with      Second                 Minimum length                2 trout

River -                  artificial               Saturday in          of 16 inches.

From the              lures and              April through

downstream         flies only.            October 31.

edge of the

railroad

bridge  in

Johnson

upstream

(approximately

3.7 miles)

to the

downstream

edge of the

Ten Bends

Drive bridge

in Hyde Park.

White                   Angling, with      Second                 Minimum length                1 trout

River  -                 artificial               Saturday in          of 18 inches

From the              lures and              April through

confluence          flies only.            October 31.

with

Lilliesville

Brook in

Stockbridge

downstream

3.3 miles to

220 ft.

downstream of

the

confluence

with

Cleveland

Brook in

Bethel.

Mettawee             Angling                Second                 10 to 14                               2 trout, only

River -                                                Saturday in          inches                                  1 greater than

From the                                            April through      protected                            14 inches

downstream                                       October 31.         slot: (all

edge of the                                                                       trout 10 to 14

Route 153                                                                        inches must be

bridge in                                                                          released)

Pawlet

upstream

(approximately

16 miles) to

the

downstream

edge of first

bridge on

Dorset Hollow

Road and

including

tributary:

Flower Brook

upstream

(approximately

 1000 ft) to

the

downstream

edge of the

Route 30

bridge in

Pawlet.

Winooski             Angling                June 1 through    10 to 16                               2 trout, only

River                                                  October 1             inches                                  1 greater than

Tributaries -                                                                    protected                            16 inches

Listed Below                                                                   slot: (all

                                                                                          fish 10 to 16

                                                                                          inches must be

                                                                                          released)

 

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                   Angling                Second                 10 to 16                               2 trout, only

Below:                                                Saturday in          inches                                  1 greater than

                                                            April through      protected                            16 inches

                                                            October 31          slot: (all

                                                                                          fish 10 to 16

                                                                                          inches must be

                                                                                          releases)

 

Dog River - From the first bridge on Route 12 above the confluence with the Winooski River upstream (approximately 4.3 miles) to the railroad bridge in West Berlin.

New Haven - From Munger Street Bridge in New Haven upstream (approximately 4.1 miles) to the South Street bridge in Bristol.

Winooski River - From Preston Brook mouth upstream (approximately 4.4 miles) to the Ridley Brook mouth.

 

10.5.9ANADROMOUS ATLANTIC SALMON

 

1. Waters             2. Methods          3. Season                            4. Size                  5. Daily Bag

                                                                                                         Restrictions         Limit

 

Connecticut         No person            No Open Season                All fish must       Zero - All

River and             shall take or                                                     be immediately  Anadromous

tributaries            attempt to                                                         released               Atlantic

take an                                                                                            salmon must

anadromous                                                                                   be immedi-

                             Atlantic                                                                                           ately released

                              salmon, any

                              salmon

                              unintentionally

                              taken shall

                              be immediately

                              released in

                              accordance

                              with section

                              4602

 

10.5.10 AMERICAN SHAD

 

1. Waters                            2. Methods          3. Season             4. Size                  5. Daily Bag

                                                                                                         Restrictions         Limit

 

Connecticut                        Angling                No Closed            No restriction      2 Shad

River,                                                                Season

including

Vermont river

tributaries

 

10.5.11 CARP, BOWFIN, SUCKERS, MULLET (REDHORSE), GAR

 

1. Waters                            2. Methods          3. Season             4. Size                  5. Daily Bag

                                                                                                         Restrictions         Limit

 

General                               Angling, ice         No Closed            No restriction      No limit

Waters                                 fishing and          Season

(Except                               bow with line

seasonally                          attached to an

closed waters                     arrow

and as listed

below)

Lake                                    Angling, ice         No closed            No restriction      No limit

Champlain,                         fishing and          season

not to                                   bow with line

include                                attached to

tributaries                           arrow

Lake                                    Spearing               March 25             No restriction      No limit

Champlain,                                                       through May

not to                                                                 25, Title 10

include                                                              (4606e)

tributaries

 

10.5.12 NORTHERN PIKE

 

1. Waters                            2. Methods          3. Season             4. Size                  5. Daily Bag

                                                                                                         Restrictions         Limit

 

General                               Angling and         No closed            Minimum length  5 Fish

Waters                                 ice fishing            Season                  of 20 inches

(except as

listed below)

Lake Champlain                               Angling, ice         No closed            Minimum length  5 Fish

                                             fishing                  season                  of 20 inches

                                             Shooting and       March 25             Minimum length  5 Fish

                                             spearing               through May       of 20 inches

                                                                           25, 10 VSA

                                                                           (4606)

 

10.5.13 CHAIN AND REDFIN PICKEREL

 

1. Waters                            2. Methods          3. Season             4. Size                  5. Daily Bag

                                                                                                         Restrictions         Limit

 

General                               Angling and         No closed            No restriction      No Limit

Waters                                 ice fishing            Season

(except as

listed below)

Lake Champlain                               By angling and    No Closed            No restriction      10 fish

                                             ice fishing,           Season

                                             Shooting and       March 25             No restriction      10 Fish

                                             spearing               through May 25

 

10.5.14 MUSKELLUNGE

 

1. Waters                            2. Methods          3. Season             4. Size                  5. Daily Bag

                                                                                                         Restrictions         Limit

 

General                               Angling and         No Closed            All                         Zero - All

Waters                                 ice fishing;          Season                  muskellunge        muskellunge

(except as                           Catch and                                          must be                must be

listed below)                      release with                                       released               immediately

                                             artificial                                                                           released

                                             lures and

                                             flies only

Lake Champlain                               Angling and         No closed            All                         Zero - All

                                             ice fishing;          season                  muskellunge        muskellunge

                                             Catch and                                          must be                must be

                                             release with                                       released               immediately

                                             artificial                                                                           released

                                             lures and

                                             flies only

                                             Shooting and       March 25             Minimum length  Zero Fish

                                             spearing               through May       of 30 inches

                                                                           25, (10 VSA

                                                                           4606)

Missisquoi                          Any fish taken    No Open              Any fish taken    Zero - All

River from                          must be                 Season                 must be                muskellunge

Swanton Dam                     immediately                                      immediately        taken must be

in the                                   released                                             released               immediately

Village of                                                                                                                      released

Swanton

upstream to

the Highgate

Falls Dam

 

10.5.15 SMELT

 

1. Waters                            2. Methods          3. Season             4. Size                  5. Daily Bag

                                                                                                         Restrictions         Limit

 

All waters                           Angling, and        No closed            No restriction      No Limit

                                             ice fishing            season

 

10.5.16 BLACK AND WHITE CRAPPIE

 

1. Waters                            2. Methods          3. Season             4. Size                  5. Daily Bag

                                                                                                         Restrictions         Limit

 

All Waters                          Angling, ice         No closed            Minimum length  25 fish,

                                             fishing                  Season                  of 8 Inches           Combined

 

10.5.17 YELLOW PERCH

 

1. Waters                            2. Methods          3. Season             4. Size                  5. Daily Bag

                                                                                                         Restrictions         Limit

 

General                               Angling and         No closed            No restriction      50 fish

Waters                                 ice fishing            Season

(except as

listed

below)

Lake Champlain                               Angling and         No closed            No restriction      No Limit

                                             ice fishing            Season

Businesses may buy lawfully taken fish, with the approval of the Commissioner, pursuant to guidelines of the Board. Fish species are restricted to species not protected by 10 V.S.A. § 4611.

 

10.5.18 LARGEMOUTH AND SMALLMOUTH BASS

 

1. Waters                            2. Methods          3. Season             4. Size                  5. Daily Bag

                                                                                                         Restrictions         Limit

 

General                               Angling                No closed            No restriction      5 fish

Waters                                                               season

(except as

listed below)

Lakes, Ponds                      Angling (Ice        Second                 Minimum length  5 Fish

and reservoirs                    fishing - see         Saturday in          of 10 inches

                                             special                  June through

                                             provisions)          Nov. 30th

Lakes, Ponds                      Catch and            Second                 All bass must      Zero - All

and reservoirs                    release with         Saturday in          be released          bass must be

                                             artificial               April through                                    immediately

                                             lures and              the Friday                                          released

                                             flies only             before the

                                                                           Second

                                                                           Saturday in

                                                                           June, both

                                                                           dates

                                                                           inclusive.

Seasonally,                         Angling                Only when such                 No restrictions    5 Fish

Closed Waters                                                 rivers and

- streams                                                           streams are

                                                                           open to trout

                                                                           fishing

Lake Morey,                       Angling (Ice        Second                 Largemouth         5 Fish

Fairlee                                 fishing -  see        Saturday in          bass - Minimum

                                             special                  June through       length of 14

                                             provisions)          Nov. 30                inches

Kent Pond,                          Angling                Second                 Largemouth         10 fish, only

Killington                                                         Saturday in          Bass:                     1 fish greater

and Baker                                                         June through       protected             than 12

Pond,                                                                 Nov. 30                 slot: 10-12          inches

Brookfield                                                                                      inches (all

                                                                                                         fish between

                                                                                                         10 & 12 inches

                                                                                                         must be

                                                                                                         released)

 </