Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 010 - DEPARTMENT OF FISH AND WILDLIFE › Chapter 051 - REGULATIONS GOVERNING THE INDUSTRY OF FISH PROPAGATION › Section 12 010 051 - REGULATIONS GOVERNING THE INDUSTRY OF FISH PROPAGATION

Current through June,
				2024
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. 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 ( PL 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, with
				the exception of when the language "Commissioner of Agriculture" is used
				pursuant to the established Memorandum of Understanding signed July 21, 1992,
				by the commissioners of the Fish and Wildlife Department and the Department of
				Agriculture.
E) Department -
				Vermont Fish and Wildlife Department.
F) Injurious Fish - Fish determined by the
				Vermont Fish and Wildlife Department or the United States 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 the 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.