Vermont § 117 - Fish propagation

§ 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 U.S. 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: