§ 141. Baitfish Rule [Effective until January 1, 2026]
1.0 Authority.
This rule is adopted pursuant to 10 V.S.A. §4081(b). In adopting this rule, the Fish and Wildlife Board is implementing the policy that
the protection, propagation, control, management, and conservation of fish, wildlife
and furbearing animals in this state is in the interest of the public welfare and
that the safeguarding of this valuable resource for the people of the state requires
a constant and continual vigilance.
In accordance with 10 V.S.A. §4082, this rule is designed to maintain the best health, population and utilization levels
of Vermont’s fisheries.
In accordance with 10 V.S.A. §4083, this rule establishes open seasons; establishes daily, season, possession limits
and size limits; prescribes the manner and means of taking fish; and prescribes the
purchase, sale, and use of baitfish.
2.0 Purpose:
2.1 This rule applies to fish used as bait. This rule shall apply to all persons who take,
possess, transport, use, purchase, or sell baitfish.
2.2 The purpose of this rule is to: a) conserve and protect the fish, and fisheries in
the state, b) maintain the best health of species and natural ecological systems in
the state, c) prevent the introduction or spread of diseases or parasites harmful
to humans and wild species, and d) prevent the escape or release of non-native species
or species that injure or compete with natural ecological systems and processes.
3.0 Definitions.
3.1 “Application” means a specific form provided by the Department of Fish and Wildlife.
3.2 “Baitbox” means a receptacle used for holding or keeping baitfish alive for personal
use. A legal baitbox shall not exceed 25 cubic feet in volume.
3.3 “Baitfish” means fish species and parts thereof, living or dead, used for the purpose
of attracting and catching fish.
3.4 “Baitfish zone” means a specific geographic area, where it is permissible to use baitfish
in accordance with this rule, and the area is described and depicted on a map by the
Commissioner and posted on the Department website.
3.5 “Restricted Water” means a specific waterbody and any listed tributaries where the
use of baitfish is restricted in accordance with this rule, and the waterbody is described
and depicted on a map by the Commissioner and posted on the Department website.
3.6 “Commissioner” means the Commissioner of the Vermont Department of Fish and Wildlife.
3.7 “Department” means the Vermont Department of Fish and Wildlife.
3.8 “Fish hatchery” refers to any fish culture station, hatchery, or artificial rearing
pond which grows or maintains baitfish for sale in Vermont.
3.9 “Ice fishing” means a manner of fishing as described in 10 V.S.A App. §122 Subsection 4.0.
3.10 “Open-water fishing” means a manner of fishing as described in 10 V.S.A. App. § 122 Subsection 3.0.
3.11 “Permit” is a document from the Commissioner granting a Commercial Bait Dealers Permit.
3.12 “Waterbody” means any lake, pond, river, or stream including all tributaries upstream
to the first barrier impassable to upstream fish movement.
3.13 “Commercially preserved baitfish” means baitfish which are chemically treated in a
manner approved by the Department, and then packaged for retail sale.
3.14 “Personal baitfish harvest” and “Personally harvested baitfish” means baitfish taken
for non-commercial use.
3.15 “Non-Restricted Water” means any waterbody not included in the list of Restricted
Waters.
4.0 Personal Baitfish Harvest.
4.1 Personally harvested baitfish from Restricted Waters shall not be used on any other
waters or transported away from the Restricted Water from which they were harvested.
4.2 Personally harvested baitfish may be used on multiple waterbodies and may be transported
away from the waterbody from which they were collected and retained for later use,
provided that all of the following criteria are met:
4.2.1 The personally harvested baitfish shall not be harvested from or have been previously used on a Restricted Water;
4.2.2 Personally harvested baitfish shall only be used in the same baitfish zone they were harvested in; and
4.2.3 A person using personally harvested baitfish on any waterbody that is different from the waterbody where the baitfish was harvested shall possess a wild baitfish endorsement in accordance with Subsection 6.0 of this rule.
4.3 A person shall only harvest for use as bait those fish species listed under Subsection
8.1, 8.2, 8.3, and 8.4 of this rule.
4.4 Personally harvested baitfish shall only be taken 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) Open-water/ice
fishing by hook and line.
4.5 No person shall personally harvest baitfish in seasonally closed waters for trout as listed in 10 V.S.A. App. § 122, Subsection 6.0, except during the open season for trout. Personal baitfish harvest in seasonally closed waters during open seasons for trout shall only be conducted by open-water/ice fishing or the use of minnow traps no longer than eighteen inches with an entrance for fish not exceeding one inch in diameter.
4.6 All traps, nets, baitboxes or other holding receptacles capable of taking, holding
or keeping live baitfish in public waters shall be marked with the name, address,
and telephone number of the owner and user.
4.7 Baitfish may be held on the water in a baitbox as defined in Subsection 3.2 of this
rule.
4.8 Only a person with a valid wild baitfish endorsement (Subsection 6.0) may transport
unused personally harvested baitfish, collected in non-Restricted Waters, away from
waters of the state for later use. Baitfish may be held in waters of the baitfish
zone where they were harvested provided the water is not a Restricted Water or waters
described in Subsection 12.0. Outside of the baitfish zone where harvested, the baitfish
shall be kept in a closed container isolated from any inflow of lake, pond, or stream
water, or outflows to such waters of the state.
4.9 No person shall personally harvest baitfish from any waterbody of the state that is
defined as closed to baitfish harvest. The Department will maintain and make available
a list of closed waters.
4.10 Fish eggs may be collected from legally harvested fish from Vermont waters, and used
immediately as bait on the same water where taken unless that waterbody has been closed
to baitfish collection. Personally harvested fish eggs shall not be transported and
used in any waterbody other than the waterbody where the fish eggs were harvested.
No person shall transport fish eggs away from a waterbody and return them to the same
waterbody for use as bait unless they have been processed in a manner approved by
the Department as described on the Department website.
5.0 Commercially Purchased Baitfish.
5.1 No person shall import baitfish into the State of Vermont without a fish importation
permit, except as provided for in subsections 5.8 and 5.9 of this rule.
5.2 A person purchasing commercial baitfish shall retain a transportation receipt issued
by a state-approved commercial bait dealer, authorizing transportation of baitfish
overland. The receipt shall contain the following information: 1) A unique receipt
identification number, 2) The name and telephone number of the bait dealer, 3) time
and date of sale, 4) species purchased, 5) quantity purchased, 6) baitfish zone or
Restricted Water (limited to one) in which the baitfish will be used, and 7) the signature
of purchaser.
5.3 A person in possession of commercially purchased baitfish shall only use those baitfish
in the baitfish zone or Restricted Water recorded on the transportation receipt and
shall retain and exhibit the receipt upon request of the Commissioner or the Commissioner’s
designee(s).
5.4 A transportation receipt shall be valid for 10 days from time and date of sale.
5.5 A person may transport unused commercially purchased baitfish away from waters of
the state, and retain for later use in the same baitfish zone or Restricted Water
as indicated on the baitfish transportation receipt, with the following prohibitions.
5.5.1 A person shall not transport unused commercially purchased baitfish away from a Restricted Water if the baitfish transportation receipt does not specify that Restricted Water.
5.5.2 A person shall not transport unused commercially purchased smelt for the use as bait away from a Restricted Water.
5.6 A person transporting unused commercially purchased baitfish away from waters of the
state for later use may hold them in waters of the baitfish zone listed on the transportation
receipt provided that the water is not a Restricted Water and the holding waters are
not listed in subsection 12.0 of this rule. Outside of the baitfish zone or Restricted
Water listed on the transportation receipt, the commercially purchased baitfish shall
be kept in a closed container isolated from any inflow of lake, pond, or stream water,
or outflow to such waters of the state.
5.7 Baitfish may be held beyond the 10 days period in a baitfish zone or Restricted Water
provided they remain in the same waterbody in a baitbox in accordance with Subsection
3.2 of this rule.
5.8 A person may purchase baitfish from a New York baitshop for use in the Lake Champlain Restricted Water, provided the baitshop is Vermont-licensed, and the baitfish are accompanied by a Vermont-issued baitfish transportation receipt. For the purposes of this rule, the Lake Champlain Restricted Water are defined in 10 V.S.A. Appendix § 122 Subsection 5.
5.9 A person may purchase baitfish from a New Hampshire baitshop for use in the Connecticut
River Restricted Water, provided the baitshop is Vermont-licensed, and the baitfish
are accompanied by a Vermont-issued baitfish transportation receipt. For the purposes
of this rule, the Connecticut River is defined as all waters of the river including
the bays, setbacks, and tributaries, but only to the first highway bridge crossing
said tributaries on the Vermont side.
5.10 Commercially prepared and preserved baitfish and fish eggs available from retail stores
may be purchased and used as bait, taken home, and kept for later use provided they
are retained in the original packaging at all times.
6.0 Wild Baitfish Endorsement.
6.1 Any person who wishes to use, sell, or transport personally harvested baitfish outside
of the waterbody in which they were harvested must possess and exhibit upon request
of the Commissioner or the Commissioner’s designee(s) a wild baitfish endorsement
as developed and administered by the Department.
6.2 A person who wishes to obtain a wild baitfish endorsement shall satisfactorily complete
a wild baitfish certification course.
6.3 The wild baitfish certification course shall instruct participants regarding the requirements
of the baitfish rules and the vectors and risks associated with aquatic nuisance species
and pathogens.
7.0 Commercial Bait Dealers.
7.1 Any person who buys baitfish for resale or sells baitfish shall obtain a commercial
bait dealers permit from the Commissioner except as provided for in subsection 7.2.
Only persons operating a place of business and offering baitfish for sale to the public
may apply for and hold a commercial bait dealers permit.
7.2 A commercial bait dealers permit is not required when:
7.2.1 A person only sells commercially preserved baitfish as defined in Subsection
3.13 of this rule.
7.2.2 A person sells baitfish as specified by subsections 8.1 and 8.2 to another angler
while on the same waterbody where the baitfish were personally harvested.
7.2.3 A person sells personally harvested rainbow smelt and meets the following criteria:
7.2.3.1 The personally harvested rainbow smelt shall be harvested, transported, and
possessed in accordance with subsection 4.0 of this rule.
7.2.3.2 The buyer shall possess a valid zone-specific commercial bait dealers permit.
7.2.3.3 The commercial bait dealer’s zone designation shall be the same zone from
which the personally harvested rainbow smelt were harvested.
7.2.3.4 The seller shall possess a valid wild baitfish endorsement in accordance with
subsection 6.0 of this rule.
7.2.3.5 The seller shall complete and sign an affidavit, as specified by subsection
7.11.1 of this rule, attesting the waterbody of origin for any personally harvested
rainbow smelt that are sold.
7.3 Commercial bait dealers shall only purchase and sell the baitfish species listed under
subsection 8.1 of this rule. Commercial bait dealers may also sell rainbow smelt as
bait, provided one of the following criteria are met:
7.3.1 Rainbow smelt are obtained from a fish hatchery approved by the Commissioner
as set forth in subsection 7.5 of this rule and its subsections: or
7.3.2 Rainbow smelt are harvested by open-water/ice fishing and sold for use on the
same waterbody on which the bait dealer is located in accordance with subsection 7.6
of this rule and its subsections; or
7.3.3 Rainbow smelt are commercially purchased or harvested in accordance with subsection 7.7 and its subsections.
7.4 Commercial bait dealers must declare in their permit application if they will be a
statewide baitfish dealer, waterbody-specific baitfish dealer, or a zone-specific
baitfish dealer (limited to one).
7.5 Statewide baitfish dealers are prohibited from possessing, buying or selling wild-caught
baitfish.
7.5.1 Baitfish sold by statewide baitfish dealers shall originate from a fish hatchery
approved by the Commissioner.
7.5.2 Statewide baitfish dealers shall hold or keep baitfish in waters drawn from
a secure well, a municipal water source, or other water source approved by the Department.
7.5.3 Baitfish sold by statewide baitfish dealers may be used in waters throughout
the state, except those waters listed in subsection 12.0 of this rule.
7.6 Waterbody specific baitfish dealers shall declare on their permit application the
waterbody on which they are located.
7.6.1 Waterbody-specific baitfish dealers may harvest wild baitfish only from the
declared waterbody and offer them for sale and use only on the declared waterbody.
7.6.2 The baitfish facilities of waterbody specific bait fish dealers shall discharge
to their declared waterbody. The discharge treatment infrastructure shall adequately
filter and disinfect water to the satisfaction of the Department. Note that this does
not relieve the baitfish dealer from compliance with all other applicable requirements.
7.6.3 No waterbody-specific baitfish dealer shall harvest baitfish by netting in or on seasonally closed waters as listed in 10 V.S.A. Appendix § 122 Subsection 6.0 unless otherwise permitted by their commercial bait dealers permit. Waterbody specific baitfish dealers shall not operate dip nets, cast nets, or umbrella nets exceeding 51 square feet of mesh, or a seine net exceeding 125 feet in length, for the purposes of taking fish for bait, unless otherwise permitted by their commercial bait dealers permit.
7.6.4 All traps, nets, baitboxes or other holding receptacles capable of taking, holding
or keeping live baitfish in public waters shall be marked with the name, address,
and telephone number of the owner and user.
7.6.5 No person shall commercially harvest baitfish on any waterbody of the state
that is listed as closed to baitfish harvest. The Department will maintain and make
available a list of closed waters.
7.7 Zone-specific baitfish dealers shall declare on their permit application the waterbody
on which they are located, the baitfish zone in which they are located, the baitfish
zone from which they intend to harvest, and purchase wild baitfish (limited to one)
and the baitfish zone where the baitfish they sell may be used (limited to one).
7.7.1 Zone-specific baitfish dealers shall be located in the baitfish zone which they
intend to harvest, purchase, hold, and sell baitfish in, with the following exceptions:
7.7.1.1 Baitfish may be purchased from a fish hatchery approved by the Commissioner
outside of the zone-specific dealer’s baitfish zone and sold as zone-specific baitfish.
7.7.1.2 A Zone-specific baitfish dealer can be physically located outside of the baitfish
zone in which they intend to sell baitfish for provided they hold or keep baitfish
in water drawn from a secure water source as approved by the Department.
7.7.2 Zone-specific baitfish dealers shall harvest and purchase wild baitfish only
from the declared baitfish zone where the baitfish they sell may be used, and such
baitfish shall be offered for sale and use only in the declared baitfish zone or Restricted
Water within the declared baitfish zone.
7.7.3 Zone-specific baitfish dealers may purchase wild rainbow smelt provided they
meet the provisions of subsections 7.2.3 and 7.11.1 of this rule.
7.7.4 Zone-specific baitfish dealers shall not harvest or purchase wild baitfish which
are from or have been used previously on a Restricted Water nor shall they hold or
keep baitfish in waters drawn from a Restricted Water.
7.7.5 The baitfish holding facilities of zone-specific baitfish dealers shall discharge
to the declared baitfish zone or to a water treatment infrastructure which adequately
filters and disinfects water to the satisfaction of the Department. Note that this
does not relieve the baitfish dealer from compliance with all other applicable requirements.
7.7.6 No zone-specific baitfish dealer shall harvest baitfish by netting in seasonally closed waters as listed in 10 V.S.A App § 122 subsection 6.0, unless otherwise permitted by their commercial bait fish dealers permit. No zone-specific baitfish dealer shall operate dip nets, cast nets, or umbrella nets that exceed 51 square feet of mesh, or a seine net that exceeds 125 feet in length, for the purposes of taking fish for bait, unless otherwise permitted by their commercial bait dealers permit.
7.7.7 All traps, nets, baitboxes, or other holding receptacles capable of taking,
holding, or keeping live baitfish in public waters shall be marked with the name,
address, and telephone number of the owner and user.
7.7.8 No person shall commercially harvest baitfish on any waterbody of the state
that is defined as closed to baitfish harvest. The Department will maintain and make
available a list of closed waters.
7.8 A commercial bait dealer shall provide to each customer at the point of sale a 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) baitfish zone or
Restricted Water (limited to one) in which the baitfish will be used, and 7) the signature
of purchaser.
7.9 A transportation receipt shall be valid for 10 days from time and date of sale.
7.10 Receipt books shall be provided to commercial bait dealers by the Department.
7.11 Any holder of a commercial bait dealers permit shall maintain 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 shall be provided to the Department immediately
upon request.
7.11.1 Any holder of a commercial bait dealers permit that purchases personally harvested
wild rainbow smelt from a person shall maintain a list of purchases which includes:
name, address, telephone number, and signature of the seller, date of sale, quantity
of fish purchased, and waterbody of origin. Such form will be provided by the Department
to the commercial bait dealer.
8.0 Approved Species of Fish for use as Bait.
8.1 Approved species of baitfish:
Banded killifish Fundulus diaphanus
Blacknose dace Rhinichthys atratulus
Bluntnose minnow Pimephales notatus
Common shiner Luxilus cornutus
Creek chub Semotilus atromaculatus
Eastern silvery minnow Hybognathus regius
Emerald shiner Notropis atherinoides
Fallfish Semotilus corporalis
Fathead minnow Pimephales promelas
Golden shiner Notemigonus crysoleucas
Longnose dace Rhinichthys cataractae
Longnose sucker Catostomus catostomus
Mimic shiner Notropis volucellus
Northern redbelly dace Chrosomus eos
Spottail shiner Notropis hudsonius
White sucker Catostomus commersoni
8.2 Rainbow smelt Osmerus mordax may be taken only by open-water/ice fishing by hook and line and may be commercially
sold as bait.
8.3 The following additional fish species, or parts thereof, may be taken only by open-water/ice
fishing by hook and line and used for bait only in those waters where taken and shall
not be transported alive from those waters.
Bluegill Lepomis macrochirus
Pumpkinseed Lepomis gibbosus
Rock bass Ambloplites rupestris
Yellow perch Perca flavescens
8.4 Lake Champlain — In addition to subsection 8.2, the following fish species, or parts thereof, may be taken only by open-water/ice fishing by hook and line in Lake Champlain and used as bait in Lake Champlain, as described in 10 V.S.A. App § 122 subsection 5.0, and may not be commercially harvested or sold as bait; Alewife may only be used/possessed if dead: Alewife.
Alewife Alosa pseudoharengus
White perch Morone americana
8.5 All other species of fish are prohibited for use as bait.
9.0 Commercial Bait Dealer Application Process.
9.1 A person who wishes to obtain a commercial bait dealers permit shall apply to the
Commissioner in writing on a form provided by the Department. The Department may require
the applicant to submit such additional information as is necessary to determine that
the permitted activities comply with the purposes of this rule, including but not
limited to fish health testing, and an analysis of the impact of the sale of baitfish
on Vermont’s fish species, fisheries, and natural ecosystems and processes.
9.2 If the application is deficient, the Department shall inform the applicant of the
deficiencies and return the application within 30 days of receipt, along with any
associated fee, to the applicant for revision and re-submission.
9.3 If the application is denied, the Commissioner shall, within 30 days of receipt of
application, send the applicant a written denial setting forth the reasons for the
denial.
10.0 Permit Compliance.
10.1 The Permittee shall make the permit available upon request by Commissioner or Commissioner’s
designee. Premises and equipment used by persons to take, harvest, purchase, store,
or sell baitfish shall be accessible for inspection by the Commissioner and his or
her designee. Samples for species determination or disease examination shall be provided
immediately upon request.
10.2 Permittees shall provide the Department with additional information as requested on
an annual basis or prior to the re-issuance of a new permit.
11.0 Permit Revocation.
11.1 The Commissioner may revoke any permit for: any violation of a permit; failure to
comply with this rule; a violation of any rules of the Board; a violation of the provisions
of Part 4, Title 10, Vermont Statutes Annotated; or if the Commissioner determines that the revocation is necessary to protect fish
or fisheries of Vermont.
11.2 The Commissioner shall comply with all applicable requirements of 3 V.S.A. Chapter 25, related to any permit revocation.
11.3 Appeals of the decisions of the Commissioner are subject to the Vermont Rules of Civil
Procedure.
12.0 Waterbodies where the use of fish as bait is prohibited The use of fish in any form whether alive or dead for bait in fishing is prohibited
in:
Adams Reservoir, Woodford;
Beaver Pond, Holland;
Beck Pond, Newark;
Beebe Pond, Sunderland;
Big Mud Pond, Mt. Tabor;
Blake Pond, Sutton;
Bourn Pond, Sunderland;
Branch Pond, Sunderland;
Cary Pond, Walden;
Cow Mountain Pond, Granby;
Griffith Lake, Mt. Tabor;
Jobs Pond, Westmore;
Lake Pleiad, Hancock;
Lewis Pond, Lewis;
Little Rock Pond, Wallingford;
Martins Pond, Peacham;
Mud Pond, Hyde Park;
North Pond, Chittenden;
Notch Pond, Ferdinand;
Red Mill Pond, Woodford;
Sterling Pond, Cambridge;
South America Pond, Ferdinand;
Stratton Pond, Stratton;
Unknown Pond, Averys Gore;
Unknown Pond, Ferdinand;
West Mountain Pond, Maidstone
and any additional waters created or reclaimed by the Department. This rule shall
be posted at all waters affected. (Added 2019, Fish and Wildlife Reg., eff. Jan. 1, 2020; amended 2023, Fish and Wildlife
Reg. eff. Jan. 1, 2024.)
§ 141. Baitfish Rule [Effective January 1, 2026]
1.0 Authority.
This rule is adopted pursuant to 10 V.S.A. § 4081(b). In adopting this rule, the Fish and Wildlife Board is implementing the policy that
the protection, propagation, control, management, and conservation of fish, wildlife
and furbearing animals in this state is in the interest of the public welfare and
that the safeguarding of this valuable resource for the people of the state requires
a constant and continual vigilance.
In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels
of Vermont’s fisheries.
In accordance with 10 V.S.A. § 4083, this rule establishes open seasons; establishes daily, season, possession limits
and size limits; prescribes the manner and means of taking fish; and prescribes the
purchase, sale, and use of baitfish.
2.0 Purpose:
2.1 This rule applies to fish used as bait. This rule shall apply to all persons who take,
possess, transport, use, purchase, or sell baitfish.
2.2 The purpose of this rule is to: a) conserve and protect the fish, and fisheries in
the state, b) maintain the best health of species and natural ecological systems in
the state, c) prevent the introduction or spread of diseases or parasites harmful
to humans and wild species, and d) prevent the escape or release of non-native species
or species that injure or compete with natural ecological systems and processes.
3.0 Definitions.
3.1 “Application” means a specific form provided by the Department of Fish and Wildlife.
3.2 “Baitbox” means a receptacle used for holding or keeping baitfish alive for personal
use. A legal baitbox shall not exceed 25 cubic feet in volume.
3.3 “Baitfish” means fish species and parts thereof, living or dead, used for the purpose
of attracting and catching fish.
3.4 “Baitfish zone” means a specific geographic area, where it is permissible to use baitfish
in accordance with this rule, and the area is described and depicted on a map by the
Commissioner and posted on the Department website.
3.5 “Restricted Water” means a specific Waterbody and any listed tributaries where the
use of baitfish is restricted in accordance with this rule, and the Waterbody is described
and depicted on a map by the Commissioner and posted on the Department website.
3.6 “Commissioner” means the Commissioner of the Vermont Department of Fish and Wildlife.
3.7 “Department” means the Vermont Department of Fish and Wildlife.
3.8 “Fish hatchery” refers to any fish culture station, hatchery, or artificial rearing
pond which grows or maintains baitfish for sale in Vermont.
3.9 “Ice fishing” means a manner of fishing as described in 10 V.S.A App. § 122 Subsection 4.0.
3.10 “Open-water fishing” means a manner of fishing as described in 10 V.S.A. App. § 122 Subsection 3.0.
3.11 “Permit” is a document from the Commissioner granting a Commercial Bait Dealers Permit.
3.12 “Waterbody” means any lake, pond, river, or stream including all tributaries upstream
to the first barrier impassable to upstream fish movement.
3.13 “Commercially preserved baitfish” means baitfish that are shelf stable and chemically
treated in a manner approved by the Department, and then packaged for retail sale.
3.14 “Personal baitfish harvest” and “Personally harvested baitfish” means baitfish taken
for non-commercial use.
3.15 “Non-Restricted Water” means any Waterbody not included in the list of Restricted
Waters.
4.0 Personal Baitfish Harvest.
4.1 Personally harvested baitfish from Restricted Waters shall not be used on any other
Waterbodies or transported away from the Restricted Water from which they were harvested.
4.2 Personally harvested baitfish may be used on multiple Waterbodies and may be transported
away alive or dead from the Waterbody from which they were collected and retained
for later use, provided that all of the following criteria are met:
4.2.1 The personally harvested baitfish shall not be harvested from or have been previously used on a Restricted Water;
4.2.2 Personally harvested baitfish shall only be used in the same baitfish zone they were harvested in; and
4.2.3 A person transporting personally harvested baitfish off of any non-Restricted Waterbody shall possess a wild baitfish endorsement in accordance with Subsection 6.0 of this regulation.
4.3 A person shall only harvest for use as bait those fish species listed under Subsection
8.1, 8.2, 8.3, and 8.4 of this rule.
4.4 Personally harvested baitfish of approved species listed in subsection 8.1 shall only
be taken by the following methods: a) minnow traps no longer than twenty-four inches
with an entrance for fish not exceeding two and one half inches in diameter, b) dip
nets, cast nets, and umbrella nets not exceeding a total of 51 square feet of mesh,
or a seine net not exceeding 25 feet in length, c) Open-water/ice fishing by hook
and line.
4.5 Personal baitfish harvest in seasonally closed Waterbodies (see 10 V.S.A App. 122,
section 6.0) may only be conducted by the use of minnow traps no longer than twenty-four
inches with an entrance for fish not exceeding two and one half inches in diameter.
4.6 All traps, nets, baitboxes or other holding receptacles capable of taking, holding
or keeping live baitfish in public Waterbodies shall be marked with the name, address,
and telephone number of the owner and user.
4.6.1 Minnow traps shall be checked at a minimum of once per week.
4.7 Baitfish may be held on the Waterbody where they were harvested, or if harvested from
a non-Restricted Water, anywhere in the zone where they were harvested in a baitbox
as defined in Subsection 3.2 of this regulation. Any baitfish harvested on a non-Restricted
Water and used on a Restricted Water may not be transported away from the Restricted
Water but can be stored on the Restricted Water in a baitbox for later use on the
same Restricted Water. Baitfish cannot be held or used on waterbodies described in
Section 12.0. Outside of the baitfish zone where harvested, the baitfish shall be
kept in a closed container isolated from any inflow of lake, pond, or stream water,
or outflows to such Waterbodies of the state.
4.8 No person shall personally harvest baitfish from any Waterbody of the state that is
defined as closed to baitfish harvest. The Department will maintain and make available
a list of Waterbodies closed to baitfish harvest.
4.9 Fish eggs may only be collected from legally harvested fish from a Vermont Waterbody
and its tributaries upstream to the first impassable barrier for use in the same Waterbody
and its tributaries up to the first impassable barrier.
5.0 Commercially Purchased Baitfish.
5.1 No person shall import baitfish into the State of Vermont without a fish importation
permit, except as provided for in subsections 5.8 and 5.9 of this rule.
5.2 A person purchasing commercial baitfish shall retain a transportation receipt issued
by a state-approved commercial bait dealer, authorizing transportation of baitfish
overland. The receipt shall contain the following information: 1) A unique receipt
identification number, 2) The name and telephone number of the bait dealer, 3) date
of sale, 4) species purchased, 5) quantity purchased, and 6) baitfish zone or Restricted
Water (limited to one) in which the baitfish will be used.
5.3 A person in possession of commercially purchased baitfish shall only use those baitfish
in the baitfish zone or Restricted Water recorded on the transportation receipt and
shall retain and exhibit the receipt upon request of the Commissioner or the Commissioner’s
designee(s). A person shall not transport unused zone-specific commercially purchased
baitfish away from a Restricted Water for use on any other Waterbody.
5.4 A transportation receipt shall be valid for 10 days from the date of sale.
5.5 A person may transport unused commercially purchased baitfish away from Waterbodies
of the state, and retain for later use in the same baitfish zone or Restricted Water
as indicated on the baitfish transportation receipt, with the following prohibitions.
5.5.1 A person shall not transport unused commercially purchased baitfish away from a Restricted Water if the baitfish transportation receipt does not specify that Restricted Water.
5.5.2 A person shall not transport unused commercially purchased smelt for the use as baitfish away from a Restricted Water.
5.6 A person transporting unused commercially purchased baitfish away from a Waterbody
for later use may hold them in a Waterbody of the baitfish zone listed on the transportation
receipt provided that they are not transported away from a Restricted Water and the
holding waters are not listed in subsection 12.0 of this regulation. Outside of the
baitfish zone or Restricted Water listed on the transportation receipt, the commercially
purchased baitfish shall be kept in a closed container isolated from any inflow of
lake, pond, or stream water, or outflow to any Waterbody.
5.7 Baitfish may be held beyond the 10 days period in a baitfish zone or Restricted Water
provided they remain in the same Waterbody in a baitbox in accordance with Subsection
3.2 of this rule.
5.8 A person may purchase baitfish from a New York baitshop for use in the Lake Champlain Restricted Water, provided the baitshop is Vermont-licensed, and the baitfish are accompanied by a Vermont-issued baitfish transportation receipt. For the purposes of this rule, the Lake Champlain Restricted Water is defined in 10 V.S.A. Appendix § 122 Subsection 5.
5.9 A person may purchase baitfish from a New Hampshire baitshop for use in the Connecticut
River Restricted Water, provided the baitshop is Vermont-licensed, and the baitfish
are accompanied by a Vermont-issued baitfish transportation receipt. For the purposes
of this rule, the Connecticut River is defined as all waters of the river including
the bays, setbacks, and tributaries, but only to the first highway bridge crossing
said tributaries on the Vermont side.
5.10 Commercially preserved baitfish and fish eggs available from retail stores may be
used as bait, taken home, and kept for later use provided they are retained in the
original packaging at all times.
6.0 Wild Baitfish Endorsement.
6.1 Any person who wishes to use, sell, or transport personally harvested baitfish outside
of the Waterbody in which they were harvested must possess and exhibit upon request
of the Commissioner or the Commissioner’s designee(s) a wild baitfish endorsement
as developed and administered by the Department, or be accompanied by someone who
possesses the endorsement for those baitfish in use.
6.2 A person who wishes to obtain a wild baitfish endorsement shall satisfactorily complete
a wild baitfish certification course.
6.3 The wild baitfish certification course shall instruct participants regarding the requirements
of the baitfish rules and the vectors and risks associated with aquatic nuisance species
and pathogens.
7.0 Commercial Bait Dealers.
7.1 Any person who buys baitfish for resale or sells baitfish shall obtain a commercial
bait dealers permit from the Commissioner except as provided for in subsection 7.2.
Only persons operating a place of business and offering baitfish for sale to the public
may apply for and hold a commercial bait dealers permit.
7.2 A commercial bait dealers permit is not required when:
7.2.1 A person only sells commercially preserved baitfish as defined in Subsection
3.13 of this rule.
7.2.2 A person sells baitfish as specified by subsections 8.1 and 8.2 to another angler
while on the same Waterbody where the baitfish were personally harvested.
7.2.3 A person sells personally harvested rainbow smelt and meets the following criteria:
7.2.3.1 The personally harvested rainbow smelt shall be harvested, transported, and
possessed in accordance with subsection 4.0 of this rule.
7.2.3.2 The buyer shall possess a valid zone-specific commercial bait dealers permit.
7.2.3.3 The commercial bait dealer’s zone designation shall be the same zone from
which the personally harvested rainbow smelt were harvested.
7.2.3.4 The seller shall possess a valid wild baitfish endorsement in accordance with
subsection 6.0 of this rule.
7.2.3.5 The seller shall complete and sign an affidavit, as specified by subsection
7.11.1 of this rule, attesting the Waterbody of origin for any personally harvested
rainbow smelt that are sold.
7.3 Commercial bait dealers shall only purchase and sell the baitfish species listed under
subsection 8.1 of this rule. Commercial bait dealers may also sell rainbow smelt as
bait, provided one of the following criteria are met:
7.3.1 Rainbow smelt are obtained from a fish hatchery approved by the Commissioner
as set forth in subsection 7.5 of this rule and its subsections: or
7.3.2 Rainbow smelt are harvested by open-water/ice fishing and sold for use on the
same Waterbody on which the bait dealer is located in accordance with subsection 7.6
of this rule and its subsections; or
7.3.3 Rainbow smelt are commercially purchased or harvested in accordance with subsection 7.7 and its subsections.
7.4 Commercial bait dealers must declare in their permit application if they will be a
statewide baitfish dealer, Waterbody-specific baitfish dealer, or a zone-specific
baitfish dealer (limited to one).
7.5 Statewide baitfish dealers are prohibited from possessing, buying or selling wild-caught
baitfish.
7.5.1 Baitfish sold by statewide baitfish dealers shall originate from a fish hatchery
approved by the Commissioner.
7.5.2 Statewide baitfish dealers shall hold or keep baitfish in Waterbodies drawn
from a secure well, a municipal water source, or other water source approved by the
Department.
7.5.3. Baitfish sold by statewide baitfish dealers may be used in Waterbodies throughout
the state, though one Baitfish zone or Restricted Water must be designated at purchase.
7.6 Waterbody specific baitfish dealers shall declare on their permit application the
Waterbody on which they are located.
7.6.1 Waterbody-specific baitfish dealers may harvest wild baitfish only from the
declared Waterbody and offer them for sale and use only on the declared Waterbody.
7.6.2 The baitfish facilities of Waterbody specific baitfish dealers shall discharge
to their declared Waterbody. The discharge treatment infrastructure shall adequately
filter and disinfect water to the satisfaction of the Department. Note that this does
not relieve the baitfish dealer from compliance with all other applicable requirements.
7.6.3 No Waterbody-specific baitfish dealer shall harvest baitfish by netting in or on seasonally closed Waterbodies as listed in 10 V.S.A. Appendix § 122 Subsection 6.0 unless otherwise permitted by their commercial bait dealers permit. Waterbody specific baitfish dealers shall not operate dip nets, cast nets, or umbrella nets exceeding 51 square feet of mesh, or a seine net exceeding 125 feet in length, for the purposes of taking fish for bait, unless otherwise permitted by their commercial bait dealers permit.
7.6.4 All traps, nets, baitboxes or other holding receptacles capable of taking, holding
or keeping live baitfish in public waters shall be marked with the name, address,
and telephone number of the owner and user.
7.6.5 No person shall commercially harvest baitfish on any Waterbody of the state
that is listed as closed to baitfish harvest. The Department will maintain and make
available a list of closed Waterbodies.
7.7 Zone-specific baitfish dealers shall declare on their permit application the Waterbody
on which they are located, the baitfish zone in which they are located, the baitfish
zone from which they intend to harvest, and purchase wild baitfish (limited to one)
and the baitfish zone where the baitfish they sell may be used (limited to one).
7.7.1 Zone-specific baitfish dealers shall be located in the baitfish zone which they
intend to harvest, purchase, hold, and sell baitfish in, with the following exceptions:
7.7.1.1 Baitfish may be purchased from a fish hatchery approved by the Commissioner
outside of the zone-specific dealer’s baitfish zone and sold as zone-specific baitfish.
7.7.1.2 A Zone-specific baitfish dealer can be physically located outside of the baitfish
zone in which they intend to sell baitfish provided they hold or keep baitfish in
water drawn from a secure water source as approved by the Department.
7.7.2 Zone-specific baitfish dealers shall harvest and purchase wild baitfish only from the declared baitfish zone where the baitfish they sell may be used, and such baitfish shall be offered for sale and use only in the declared baitfish zone or Restricted Water within the declared baitfish zone.
7.7.3 Zone-specific baitfish dealers may purchase wild rainbow smelt provided they
meet the provisions of subsections 7.2.3 and 7.11.1 of this rule.
7.7.4 Zone-specific baitfish dealers shall not harvest or purchase wild baitfish which
are from or have been used previously on a Restricted Water nor shall they hold or
keep baitfish in waters drawn from a Restricted Water.
7.7.5 The baitfish holding facilities of zone-specific baitfish dealers shall discharge
to the declared baitfish zone or to a water treatment infrastructure which adequately
filters and disinfects water to the satisfaction of the Department. Note that this
does not relieve the baitfish dealer from compliance with all other applicable requirements.
7.7.6 No zone-specific baitfish dealer shall harvest baitfish by netting in seasonally closed waters as listed in 10 V.S.A App § 122 subsection 6.0, unless otherwise permitted by their commercial baitfish dealers permit. No zone-specific baitfish dealer shall operate dip nets, cast nets, or umbrella nets that exceed 51 square feet of mesh, or a seine net that exceeds 125 feet in length, for the purposes of taking fish for bait, unless otherwise permitted by their commercial bait dealers permit.
7.7.7 All traps, nets, baitboxes, or other holding receptacles capable of taking,
holding, or keeping live baitfish in public waters shall be marked with the name,
address, and telephone number of the owner and user.
7.7.8 No person shall commercially harvest baitfish on any Waterbody of the state
that is defined as closed to baitfish harvest. The Department will maintain and make
available a list of closed waters.
7.8 A commercial bait dealer shall provide to each customer at the point of sale a transportation
receipt containing the following information: 1) A unique receipt identification number,
2) The name and telephone number of the bait dealer, 3) date of sale, 4) species purchased,
5) quantity purchased, and 6) baitfish zone or Restricted Water (limited to one) in
which the baitfish will be used.
7.9 A transportation receipt shall be valid for 10 days from time and date of sale.
7.10 Receipt books shall be provided to commercial bait dealers by the Department.
7.11 Any holder of a commercial bait dealers permit shall maintain records for each lot
of wholesaled hatchery-raised or wild-caught baitfish introduced into their shop.
The records shall include: name, address and telephone number of seller (for wholesaled
baitfish), and date received, species identification, and quantity purchased or harvested,
for wholesaled and wild-caught baitfish. The permit holder shall retain the records
for at least one year after the date of sale or harvest. Records shall be provided
to the Department immediately upon request.
7.11.1 Any holder of a commercial bait dealers permit that purchases personally harvested
wild rainbow smelt from a person shall maintain a list of purchases which includes:
name, address, telephone number, and signature of the seller, date of sale, quantity
of fish purchased, and Waterbody of origin. Such form will be provided by the Department
to the commercial bait dealer.
8.0 Approved Species of Fish for use as Bait.
8.1 Approved species of baitfish:
Banded killifish Fundulus diaphanus
Blacknose dace Rhinichthys atratulus
Bluntnose minnow Pimephales notatus
Common shiner Luxilus cornutus
Creek chub Semotilus atromaculatus
Eastern silvery minnow Hybognathus regius
Emerald shiner Notropis atherinoides
Fallfish Semotilus corporalis
Fathead minnow Pimephales promelas
Golden shiner Notemigonus crysoleucas
Longnose dace Rhinichthys cataractae
Longnose sucker Catostomus catostomus
Mimic shiner Notropis volucellus
Northern redbelly dace Chrosomus eos
Spottail shiner Notropis hudsonius
White sucker Catostomus commersoni
8.2 Rainbow Smelt
Rainbow smelt Osmerus mordax may be taken only by open-water/ice fishing by hook and line and may be commercially
sold as bait.
8.3 Additional Species
The following additional fish species, or parts thereof, may be taken only by open-water/ice
fishing by hook and line and used for bait only in those waters where taken and shall
not be transported alive from those waters.
Bluegill Lepomis macrochirus
Pumpkinseed Lepomis gibbosus
Rock bass Ambloplites rupestris
Yellow perch Perca flavescens
8.4 Lake Champlain — In addition to subsections 8.1, 8.2, and 8.3, the following fish species, or parts thereof, may be taken only by open-water/ice fishing by hook and line in Lake Champlain and used as bait in Lake Champlain, as described in 10 V.S.A. App § 122 subsection 5.0, and may not be commercially harvested or sold as bait; Alewife may only be used/possessed if dead:
Alewife Alosa pseudoharengus
White perch Morone americana
8.5 All other species of fish are prohibited for use as bait.
9.0 Commercial Bait Dealer Application Process.
9.1 A person who wishes to obtain a commercial bait dealers permit shall apply to the
Commissioner in writing on a form provided by the Department. The Department may require
the applicant to submit such additional information as is necessary to determine that
the permitted activities comply with the purposes of this rule, including but not
limited to fish health testing, and an analysis of the impact of the sale of baitfish
on Vermont’s fish species, fisheries, and natural ecosystems and processes.
9.2 If the application is deficient, the Department shall inform the applicant of the
deficiencies and return the application within 30 days of receipt, along with any
associated fee, to the applicant for revision and re-submission.
9.3 If the application is denied, the Commissioner shall, within 30 days of receipt of
application, send the applicant a written denial setting forth the reasons for the
denial.
10.0 Permit Compliance.
10.1 The Permittee shall make the permit available upon request by Commissioner or Commissioner’s
designee. Premises and equipment used by persons to take, harvest, purchase, store,
or sell baitfish shall be accessible for inspection by the Commissioner and his or
her designee. Samples for species determination or disease examination shall be provided
immediately upon request.
10.2 Permittees shall provide the Department with additional information as requested on
an annual basis or prior to the re-issuance of a new permit.
11.0 Permit Revocation.
11.1 The Commissioner may revoke any permit for: any violation of a permit; failure to
comply with this rule; a violation of any rules of the Board; a violation of the provisions
of Part 4, Title 10, Vermont Statutes Annotated; or if the Commissioner determines that the revocation is necessary to protect fish
or fisheries of Vermont.
11.2 The Commissioner shall comply with all applicable requirements of 3 V.S.A. Chapter 25, related to any permit revocation.
11.3 Appeals of the decisions of the Commissioner are subject to the Vermont Rules of Civil
Procedure.
12.0 Waterbodies where the use of fish as bait is prohibited The use of fish in any form whether alive or dead for bait in fishing is prohibited
in:
Adams Reservoir, Woodford;
Beaver Pond, Holland;
Beck Pond, Newark;
Beebe Pond, Sunderland;
Big Mud Pond, Mt. Tabor;
Blake Pond, Sutton;
Bourn Pond, Sunderland;
Branch Pond, Sunderland;
Cary Pond, Walden;
Cow Mountain Pond, Granby;
Griffith Lake, Mt. Tabor;
Jobs Pond, Westmore;
Lake Pleiad, Hancock;
Lewis Pond, Lewis;
Little Rock Pond, Wallingford;
Martins Pond, Peacham;
Mud Pond, Hyde Park;
North Pond, Chittenden;
Notch Pond, Ferdinand;
Red Mill Pond, Woodford;
Sterling Pond, Cambridge;
South America Pond, Ferdinand;
Stratton Pond, Stratton;
Unknown Pond, Averys Gore;
Unknown Pond, Ferdinand;
West Mountain Pond, Maidstone
and any additional waters created or reclaimed by the Department. This rule shall
be posted at all waters affected. (Added 2019, Fish and Wildlife Reg., eff. Jan. 1, 2020; amended 2023, Fish and Wildlife
Reg. eff. Jan. 1, 2024; amended 2025, Fish and Wildlife Reg., eff. Jan. 1, 2026.)