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