Emergency Baitfish Rule
TITLE 10A Conservation and Development APPENDIX
CHAPTER 2. FISH
Subchapter 2. Seasons, Waters, and Limits
§122. 2006 Fish Regulation.
5.0 The taking, possessing, transporting, use and selling of baitfish; disposal of
water
5.1 Authority
5.1.1 This rule applies to fish used as bait for fishing related activities.
5.1.2 This rule shall apply to all persons who take, possess, transport, use, or deal with
baitfish.
5.1.3 This rule shall apply to all persons who remove a watercraft, watercraft trailer,
boating or fishing equipment, including water in any bilge, ballast tank, bait bucket, and
live well from any waters of the state.
5.2 Purpose
5.2.1 The purpose of this paragraph is to:
5.2.1.1 protect the fish, and fisheries in the state, and
5.2.1.2 ensure the conservation of the fish and fisheries in the state, and
5.2.1.3 maintain the best health of species of the state, and
5.2.1.4 prevent the introduction or spread of a disease or parasite harmful to humans and
wild species, and
5.2.1.5 prevent the escape or release of non-native species or species injurious to or
competitive with natural ecological systems and processes.
5.3 Definitions
5.3.1 "Application" means a specific form provided by the Fish and Wildlife Department.
5.3.2 "Baitfish" means fish species living or dead, used for the purpose of attracting and
catching fish.
5.3.3 "Commercial Dealing, dealing, or deal" means to sell as defined in Title 10, § 4001,
subsection 22.
5.3.4 "Permit" is a document from the Commissioner granting a Commercial Bait Dealers
Permit.
5.3.5 “Fish Hatchery” refers to any fish culture station, hatchery, or artificial rearing pond
which grows or maintains baitfish for sale in Vermont.
5.3.6 “Lake Champlain Zone” shall be Lake Champlain as defined by paragraph 7.0
“Lake Champlain Boundaries” of this regulation.
5.3.7 “Interior Zone” shall consist of the remainder of Vermont exclusive of the Lake
Champlain Zone.
5.4 General Bait Use - Permitted Activities and Restrictions
5.4.1 The personal harvest and use of wild fish as bait is prohibited, except as per 5.6.1
below.
5.4.2 A person may buy, possess, transport, and use as bait, only those species of fish
listed under section 5.6.
5.4.3 A person purchasing baitfish shall retain and show upon request a receipt for
purchases of baitfish from a state-approved commercial bait dealer. The receipt shall
contain the following information: 1) A unique receipt identification number, 2) The
name, telephone number, and Baitfish Zone of the bait dealer, 3) time and date of sale, 4)
species purchased, 5) quantity purchased, 6) waterbody (limited to one) on which the bait
will be used, 7) signature of purchaser.
5.4.4 A receipt shall be valid for 48 hours from time and date of sale.
5.4.5 Anglers must not depart waters of the state with baitfish in their possession.
5.5 Commercial Bait Dealers - Permitted Activities and Restrictions
5.5.1 Any person who buys bait for resale or sells bait is required to obtain a Commercial
Bait Dealers Permit from the Commissioner.
5.5.2 Commercial Bait Dealers must declare in their permit application if they will be a
Lake Champlain Zone bait dealer or an Interior Zone bait dealer.
5.5.3 Commercial Bait Dealers in the Lake Champlain Zone must be located on or have
facilities that discharge directly to Lake Champlain as defined in paragraph 7.0 “Lake
Champlain Boundaries” of this regulation.
5.5.4 Commercial Bait Dealers located in the Lake Champlain Zone may only harvest
wild baitfish in that zone. Wild baitfish harvested in the Lake Champlain Zone may not
be transferred to or held in facilities outside of the Zone.
5.5.5. Commercial Bait Dealers located in the Lake Champlain Zone may only sell
baitfish, wild or cultured, for use within the Lake Champlain Zone. Baitfish sales receipts
issued as per 5.5.10 below must clearly state that baitfish sold are only permitted for use
within the Lake Champlain Zone.
5.5.6 Commercial Bait Dealers located in the Lake Champlain Zone may harvest, buy,
possess, transport, sell, and use as bait, only those species of fish listed under section 5.6.
5.5.7 Commercial Bait Dealers located in the Interior Zone are prohibited from selling
wild caught baitfish. Baitfish sold in the Interior Zone must originate from a fish
hatchery approved by the Commissioner.
5.5.8 Baitfish sold by Interior Zone Commercial Bait Dealers may be used in both the
Interior Zone and the Lake Champlain Zone.
5.5.9 Commercial Bait Dealers located in the Interior Zone may buy, possess, transport,
sell, and use as bait, only those species of fish listed under section 5.6.
5.5.10 A Commercial Bait Dealer shall provide to each customer at the point of sale a
copy of a receipt containing the following information: 1) A unique receipt identification
number, 2) The name, telephone number, and Baitfish Zone of the bait dealer, 3) time
and date of sale, 4) species purchased, 5) quantity purchased, 6) waterbody (limited to
one) on which the bait will be used, 7) signature of purchaser.
5.5.11 Receipt books shall be provided to Commercial Bait Dealers by the Department.
5.5.12 Any holder of a Commercial Bait Dealers Permit shall maintain individual receipts
accounting for each individual lot of baitfish introduced into their shop. The receipts shall
include: name, address and telephone number of seller, date received, species
identification, and quantity purchased. The permit holder shall retain the original receipts
for at least one year after the date of sale. Receipts must be provided 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 Yellow perch Perca flavescens and rainbow smelt Osmerus mordax - Yellow perch
and rainbow smelt, or parts thereof, may be caught by angling and used for bait only in
those waters where taken and shall not be transported alive from those waters.
5.6.2 All other species of fish are prohibited for use as bait.
5.7. Disposal of water
5.7.1 Upon being removed from the water, all watercraft, watercraft trailers, boating or
fishing equipment, including water in any bilge, ballast tank, bait bucket, and live well
must be immediately emptied and drained of all water.
5.7.2 Section 5.7.1 does not apply to tanks or containers of potable drinking water or
other beverages meant for human consumption.
5.8 Commercial Bait Dealer Application Process
5.8.1 A person who wishes to obtain a Commercial Bait Dealers Permit shall apply to the
Commissioner in writing on a form provided by the Department. The 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. The Commissioner or duly authorized agents shall review the application and
determine whether the application is complete or deficient.
5.8.2 If the application is deficient, the Commissioner or agents shall inform the applicant
of the deficiencies and return the application, 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 send the person a written denial providing the reasons why the
application is denied.
5.9 Permit Compliance
5.9.1 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.
5.9.2 Permittees shall provide the Department with information as requested on an annual
basis or prior to the re-issuance of a new permit.
5.10 Permit Revocation
5.10.1 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.
5.10.2 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, by a preponderance of the evidence, 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, and
provide the person thirty days, starting the date the notice is placed in the United States
mail, to submit matters in writing as to why the permit should not be revoked.
5.10.3 The Commissioner shall consider the matters submitted by the person and
available relevant evidence and determine, by clear and convincing evidence, whether the
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. The Commissioner
shall notify the person of the determination in writing. If the Commissioner determines
that the permit is to be revoked, the Commissioner shall provide notice of when all
baitfish currently possessed must be removed by whatever means determined as the most
practical and in the best public interest
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