Vermont § 141 - Baitfish Rule [Effective until January 1, 2026] 1.0 Authority. This rule is adopted pursuant to 10 V.S.A. §4081

§ 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