2023 Vermont Statutes › Title 10 Appendix - Conservation and Development › Chapter 2 - Fish › App § 122. Fish Management Regulation

§ 122. Fish Management Regulation
1.0 Authority
(a) This rule is adopted pursuant to 10 V.S.A. § 4081(b). In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly 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.
(b) 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.
(c) 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 manner of transportation and exportation of fish.
2.0 Purpose
It is the policy of the State 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 safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance.
3.0 Open-Water Fishing, legal methods of taking fish
3.1 Definitions
3.1.1 Department — Vermont Department of Fish and Wildlife.
3.1.2 Commissioner — Vermont Department of Fish and Wildlife Commissioner.
3.1.3 Open-water fishing — Fishing by means of hook and line in hand or attached to a rod or other device in open water. Fishing by casting or trolling baited hooks, artificial flies or lures is considered open-water fishing.
3.1.4 Baited Hook — A single shank hook with 1, 2, or 3 points which may be baited with natural or artificial bait or both.
3.1.5 Lure — A man-made device designed to catch only 1 fish at a time, to include a spoon, plug, spinner, bait harness, tandem hook streamer or lead head jig.
3.1.6 Fly — A single pointed hook dressed with feathers, hair, thread, tinsel, or any similar material wound on or about the hook to which no hooks, spinners, spoons, or similar devices have been added.
3.1.7 Handheld Spear — A manually powered spear used from above the water’s surface.
3.1.8 Speargun — A pneumatic or rubber band powered device, with a line not to exceed 20 feet attached to a spear, used from below the water’s surface.
3.1.9 Cull Fish — Carp, tench, rudd, shad (alewife and gizzard shad), and goldfish. Additional invasive/exotic fish species may be designated by the Commissioner as “cull fish.”
3.1.10 Immediate Control — Such constant control as would enable the angler to respond forthwith to a fish taking their bait, lure or fly promptly and without any delay.
3.1.11 Snagging — Snagging shall mean the intentional hooking of a fish in a place other than the inside of the fish’s mouth. No person shall pull, jerk or otherwise purposefully and/or repeatedly manipulate a hook, or hooks and line to snag or hook a fish in any method other than to entice a fish into taking, by mouth, a hook, lure or fly. Repeated and/or exaggerated jerking or pulling of the fishing line and/or hooks in any attempt to snag fish, whether it results in physically snagging a fish or not, shall be prima facie evidence that snagging has taken place. This shall not apply to the use of a gaff to land a fish that has been legally hooked.
3.2 Whether still fishing, casting, or trolling in Vermont waters, a person may take fish only by using not more than two lines over which he or she has immediate control and to each of which lines is attached not more than two baited hooks, or more than three artificial flies, or more than two lures with or without bait.
3.3 A person shall not take any fish pursuant to subsection (3.2) unless it is hooked in the mouth. Any fish taken under subsection (3.2) that is not hooked in the mouth shall be immediately released pursuant to 10 V.S.A. § 4602. A fish hooked in any part of the body other than in the mouth shall be considered to be foul hooked, and shall be prima facie evidence of foul hooking.
3.4 Taking or attempting to take fish by snagging is prohibited in all Vermont Waters.
3.5 Catch and Release: For species with defined harvest seasons, targeted C&R angling with immediate release can occur outside of harvest season, using artificial lures and flies.
4.0 Ice Fishing
4.1 Definitions — The definitions of section 3 are applicable to this section.
(a) Ice Fishing — Ice fishing is defined as fishing by means of hook and line in hand or attached to a rod, tip-up, jack or bob, where the angler is fishing through a hole in the ice, from the ice or on an object supported by the ice. Fishing by casting or trolling baited hooks, artificial flies or lures shall not be considered ice fishing.
4.2 Fish may be taken through the ice with not more than eight lines, except on Lake Champlain where no more than fifteen lines may be operated. Each line shall not have more than two baited hooks, or more than three artificial flies, or more than two lures with or without bait.
4.3 A person ice fishing shall have at all times, immediate control over all lines they operate. A person ice fishing shall be able to visually observe lines they operate. Any line that indicates a fish shall be tended within 30 minutes.
4.4 A person shall not take any fish pursuant to subsection (4.2) unless it is hooked in the mouth. Any fish taken under subsection (4.2) that is not hooked in the mouth shall be immediately released pursuant to 10 V.S.A. § 4602. A fish hooked in any part of the body other than in the mouth shall be considered to be foul hooked, and shall be prima facie evidence of foul hooking.
4.5 Taking or attempting to take fish by snagging is prohibited in all Vermont Waters.
4.6 Catch and Release (C&R): For species with defined harvest seasons, targeted C&R angling with immediate release can occur outside of harvest season, using artificial lures and flies.
5.0 Lake Champlain Boundaries
Lake Champlain proper shall be considered to include the setback at the same level and the major tributaries to the lake to the following boundaries:
Dead Creek to Panton Road bridge in Panton;
East Creek to the falls in Orwell (downstream of Mount Independence Road);
Lamoille River to the top of first dam (Peterson Dam) in Milton;
LaPlatte River to the falls in Shelburne (under Falls Road bridge);
Lewis Creek to falls in North Ferrisburgh (just upstream of Old Hollow Road);
Little Otter Creek to falls in Ferrisburgh Center (downstream of Little Chicago Road);
Malletts Creek to the first falls upstream of Roosevelt Highway (US 2 and US 7) in Colchester;
Mill River in Georgia to the falls in Georgia (just upstream of Georgia Shore Road bridge);
Missisquoi River to the top of Swanton Dam in the Village of Swanton;
Mud Creek to the dam in Alburg (just upstream of Route 78 bridge);
Otter Creek to the top of the dam in the city of Vergennes;
Poultney River to Central Vermont Power Dam at Carver Falls in West Haven;
Rock River to first Canadian border crossing;
Winooski River to the Winooski One hydropower dam west of Main Street (US 7) in Winooski and Burlington;
6.0 Seasonally Closed Waters
6.1 Lakes and Ponds — The following lakes and ponds or portions thereof are hereby designated seasonally closed waters and shall be closed to all fishing except between Second Saturday in April through October 31:
Bald Hill Pond, Westmore
Beaver Pond, Holland
Beck Pond, Newark
Beebe Pond, Sunderland
Big Mud Pond, Mt. Tabor
Bourn Pond, Sunderland
Branch Pond, Sunderland
Cary Pond, Walden
Cow Mountain Pond, Granby
Duck Pond, Sutton
Forest Lake, Averill
Griffith Lake, Mt. Tabor
Holland Pond, Holland
Jobs Pond, Westmore
Lake Pleiad, Hancock
Levi Pond, Groton
Lewis Pond, Lewis
Little Rock Pond, Wallingford
Long Pond, Westmore
Marl Pond, Sutton
Martins Pond, Peacham
North Pond, Chittenden
Notch Pond, Ferdinand
Noyes (Seyon) Pond, Groton
Perch Pond (Zack Woods Pond), Hyde Park
Pigeon Pond, Groton
Red Mill Pond, Woodford
Silver Lake, Leicester
South America Pond, Ferdinand
South Pond, Marlboro
Spring Lake, Shrewsbury
Stannard Pond, Stannard
Sterling Pond, Cambridge
Stoughton Pond, Weathersfield
Stratton Pond, Stratton
Unknown Pond, Averys Gore
Unknown Pond, Ferdinand
Vail Pond, Sutton
Vernon Hatchery Pond, Vernon
West Mountain Pond, Maidstone
Wheeler Pond, Barton and Sutton
Zack Woods (Perch Pond), Hyde Park
6.2 Rivers and Streams — All rivers and streams are hereby designated seasonally closed waters except as listed in all the sections below. For species with defined harvest seasons, targeted C&R angling with immediate release can occur outside of harvest season, using artificial lures and flies.
7.0 Fish — Open Seasons, Size Restrictions and Daily Bag Limits
7.1 Fish of the species named or described in the tables set forth below may be taken:
(a) In the waters specified in column 1, by the method specified in column 2, during the open season specified in column 3.
(b) Provided they meet any size restrictions specified in column 4., and only in numbers listed under daily bag limits specified in column 5., under no circumstances may a person take in one day, more than the daily bag or weight limit from a listed body of water. No person may take in aggregate more than the daily State-wide aggregate limit for any species listed.
(c) Businesses may buy lawfully taken fish, with the approval of Commissioner, pursuant to the Commercial angling rules set forth in 10 V.S.A. App. 123.
7.2 Possession limits are equal to twice the daily bag limits. Fish species with limit restrictions may not be possessed in excess of the possession limits at any time.
(a) No person shall have live fish in their possession that are transported in a manner which attempts to keep them alive when leaving waters of the State (10 V.S.A. § 1251(13)), except as follows:
(1) a person may transport approved baitfish species pursuant to the baitfish rules set forth in 10 V.S.A. App. § 141.
(2) the person has been issued a scientific collection permit by the Commissioner which specifically approves of the activity,
(3) the person has been issued a fish transportation permit by the Commissioner which specifically approves of the activity,
(4) the person has been issued a fish breeders permit or fish importation permit by the Commissioner which specifically approves of the activity.
7.3 The daily bag limit for a fish species on a water body with a closed season for that fish species is zero during the closed season.
7.4 “General waters” restrictions are the provisions applicable to all waters of the State, except the waters specifically named or described.
7.5 Unless otherwise specifically provided, fish not listed in this regulation may be taken at any time and without size or catch limit, in waters not listed as seasonally closed waters in Section 6 of these regulations.
7.6 Open Seasons, Size Restrictions and Daily Bag Limits Tables
(a) STATEWIDE AGGREGATE DAILY BAG LIMITS (Maximum number of a fish species that may be taken in one day)
(b) BROOK, BROWN AND RAINBOW TROUT
(c) TROPHY TROUT STREAMS
(d) RAINBOW TROUT (Including STEELHEAD) / BROWN TROUT
(e) BROOK, BROWN, RAINBOW, LAKE TROUT AND SALMON — 2 FISH AGGREGATE LIMITS
(f) LAKE TROUT AND SALMON
(g) SPECIAL REGULATION TROUT STREAMS
(h) ANADROMOUS ATLANTIC SALMON
(i) AMERICAN SHAD
(j) BOWFIN, REDHORSE SUCKER (MULLET), LONGNOSE GAR.
(k) SUCKER (LONGNOSE AND WHITE), and CULL FISH
(l) BULLHEAD
(m) NORTHERN PIKE
(n) CHAIN AND REDFIN PICKEREL
(o) MUSKELLUNGE
(p) SMELT
(q) BLACK AND WHITE CRAPPIE
(r) YELLOW PERCH
(s) LARGEMOUTH AND SMALLMOUTH BASS
(t) WALLEYE
(u) SAUGER
7.7 Spawning grounds for game fish generally
(a) The below listed waters are declared spawning grounds for game fish and are hereby closed to the taking of fish from second Saturday in April through May 31 annually.
Chittenden County
Joiner Brook, Bolton — From the confluence of the Winooski River upstream approximately 1,900 feet to the first falls.
Pinneo Brook, Bolton — From the confluence of the Winooski River upstream approximately 100 feet to the railroad crossing.
Preston Brook, Bolton — From the confluence of the Winooski River upstream approximately 2,600 feet to the first falls.
Orleans County
Black River, Coventry — From 600 feet below the falls at Old Harman Mill in Coventry upstream to the top of falls at Old Harman Mill in Coventry.
Willoughby River, Orleans — From the downstream edge of bridge on Tarbox Hill Road in Orleans Village upstream to the top of the natural falls upstream of the bridge on Tarbox Hill Road in Orleans Village.
Dorin, Wells, Myers, Schoolhouse and Mill Brooks, all in Westmore — From mouth of brooks at Lake Willoughby upstream approximately ¾ mile in Dorin Brook, all of Wells Brook, ½ mile in Myers Brook, ¼ mile in the Schoolhouse Brook and ¼ mile in Mill Brook and tributaries, all in Westmore. For identification purpose these brooks are arranged in order from north to south, and flow through Vermont Agency of Transportation structures on Route 5A number 10, 9, 8, 7 and 6, respectively.
Porter Brook, Greensboro — From Caspian Lake upstream to its headwaters. (1987, Fish and Wildlife Commissioner’s Reg. No. 970, eff. April 1, 1987.)
Washington County
Chase Brook, Berlin — From its confluence with the Dog River upstream approximately ½ mile to the top of the natural falls in Berlin.
Ridley Brook, Duxbury — From the confluence of the Winooski River upstream approximately 1,700 feet to the first falls.
Windsor County
Lilliesville Brook, Stockbridge — From its confluence with the White River upstream to the 2nd bridge on the Lilliesville Brook Road.
Locust Creek, Bethel — From its confluence with the White River upstream to the 2nd bridge on Rt. 12.
(b) The below named waters are closed from March 16 through May 31.
Chittenden County
Lamoille River, Milton — From the downstream edge of the bridge on Bear Trap Road in Milton (referred to as the West Milton Bridge upstream to the top of first dam (Peterson Dam) in Milton.
Winooski River,Winooski and Burlington — From theWinooski One Hydro dam west of Main Street (US 7) in Winooski and Burlington and extending downstream to the downstream side of the first railroad bridge.
Franklin County
Missisquoi River, Swanton — From the top of the Swanton dam in the Village of Swanton downstream approximately 850 feet to the water treatment plant on the west side of the river, and down- stream approximately 850 feet to the upstream end of the cement breakwater on the east side of the river. (1988, Fish and Wildlife Board Reg. No. 975, eff. April 7, 1988.)
(c) The below named waters are closed from March 16 to the Friday before the 1st Saturday in May, both dates inclusive:
Franklin County
Missisquoi River, Swanton — From the top of the Swanton Dam in the Village of Swanton extending downstream 5,120 feet to the Northwest corner (downstream) of the Riverside Cemetery and across the river to a pole on the Northeast bank.
(d) The below named waters are closed to fishing year-round:
Orleans County
Clyde River, Newport City — From 260 feet below the top of the abandoned Mill Dam immediately upstream of the Number 1, 2, 3 hydroelectric powerhouse in Newport City, upstream to the top of the abandoned Mill Dam immediately upstream of the Number 1, 2, 3 hydroelectric powerhouse in Newport City.
(e) The below named water is only open to fishing using artificial flies and lures from September 1 to October 31. All salmon caught must be released. Lake Trout may be harvest during this period. The daily limit is 2 lake trout with a minimum length of 18 inches
Clyde River — From Lake Memphremagog upstream to Charleston Dam (Lubber Lake), West Charleston
(f) The below named water is catch and release for trout from Second Saturday in April to October 31. All trout must be immediately released.
Batten Kill River — From the New York State line upstream (approximately 20.6 miles) to downstream side of Depot Street Bridge (Route 11/30) in Manchester
(g) The below named water is catch and release for trout with artificial lures and flies only, anglers less than 15 years old may use live bait from Second Saturday in April to October 31. All trout must be immediately released.
Dog River — From the downstream edge of the Junction Road Bridge in Berlin/Montpelier upstream to the top of the Northfield Falls Dam in Northfield.
(h) The below named waters are closed to fishing from November 1 to the Friday before the second Saturday in April.
Batten Kill River — From the New York State line upstream (approximately 20.6 miles) to downstream side of Depot Street Bridge (Route 11/30) in Manchester.
Clyde River — From Lake Memphremagog upstream to Charleston Dam (Lubber Lake), West Charleston
Dog River — From the downstream edge of the Junction Road Bridge in Berlin/Montpelier upstream to the top of the Northfield Falls Dam in Northfield. (Added 1961, No. 119, § 2, eff. May 9, 1961; amended 1963, Fish and Game Board Reg. No. —, eff. Aug. 23, 1963; 1966, Fish and Game Board Reg. No. —, eff. Jan. 1, 1967; 1968, Fish and Game Board Reg. No. —, eff. Jan. 1, 1969; 1971, Fish and Game Board Reg. No. 840, eff. March 19, 1971; 1971, Fish and Game Board Reg. No. —, eff. June 21, 1971; 1973, Fish and Game Board Reg. No. 866, eff. Jan. 20, 1973; 1974, Fish and Game Board Reg. No. 892, eff. Dec. 26, 1974; 1975, Fish and Game Board Reg. No. 895, eff. Jan. 1, 1976; 1976, Fish and Game Board Reg. No. 899, eff. Jan. 1, 1977; 1977, Fish and Game Board Reg. No. 904, § 5, eff. Jan. 1, 1978; 1977, No. 245 (Adj. Sess.), § 1, eff. Apr. 17, 1978; 1978, Fish and Game Board Reg. No. 906, eff. Oct. 21, 1978; 1979, Fish and Game Board Reg. No. 913, eff. Nov. 21, 1979; 1980, Fish and Game Board Reg. No. 915, eff. June 30, 1980; 1980, Fish and Game Board Reg. No. 926, §§ 1-7, eff. Jan. 1, 1981; 1983, Fish and Game Board Reg. No. 936, §§ 1, 5, eff. Jan. 1, 1983; 1983, Fish and Game Board Reg. No. 942, eff. June 9, 1983; 1983, Fish and Game Board Reg. No. 946, eff. Oct. 17, 1983; 1984, Fish and Wildlife Board Reg. No. 950, eff. Sept. 17, 1984; 1984, Fish and Wildlife Board Reg. No. 951, eff. Sept. 17, 1984; 1985, No. 953, eff. Jan. 1, 1985; 1985, No. 49; 1986, No. 962, eff. June 6, 1986; 1987, Fish and Wildlife Board Reg. No. 971, eff. Sept. 17, 1987; 1990, Fish and Wildlife Board Reg. No. 980, eff. Feb. 23, 1990; 1991, Fish and Wildlife Board Reg. No. 982, eff. Jan. 5, 1991; 1991, Fish and Wildlife Board Reg. No. 990, eff. Sept. 1991; 1993, Fish and Wildlife Board Reg. No. 998, eff. March 23, 1993; 1995, Fish and Wildlife Board Reg. No. 1003, eff. Jan. 2, 1996; 1997, Fish and Wildlife Board Reg. No. 1003, eff. Nov. 1, 1997; 1999, Fish and Wildlife Board Reg. No. 1003, eff. March 13, 1999; 2000 Fish and Wildlife Board Reg. No. 1003, eff. Oct. 7, 2000; 2003, Fish and Wildlife Board Reg. No. 1003, eff. Dec. 6, 2002; 2004, Fish and Wildlife Board Reg. No. 1003, eff. June 4, 2004; 2005, Fish and Wildlife Board Reg. No. 1003, eff. July 21, 2005; 2005A, Fish and Wildlife Board Reg. No. 1003, eff. March 31, 2006; 2007, Fish and Wildlife Board Reg. No. 1003, eff. Sept. 1, 2006; 2008, Fish and Wildlife Board Reg. No. 1003, eff. Jan. 1, 2009; 2010 Fish and Wildlife Reg. effective Jan. 1, 2011; 2013 Fish and Wildlife Reg. eff. Jan. 1, 2014; 2015 Fish and Wildlife Reg. eff. Jan. 1, 2016; 2017 Fish and Wildlife Reg. eff. Jan. 1, 2018; 2018 Fish and Wildlife Reg. eff. Jan. 1, 2019; 2021 Fish and Wildlife Reg. eff. Jan. 1, 2022.)