Aquatic Nuisance Species Control
The Watershed Management Division manages the Vermont Aquatic Nuisance Control Program. The goal of the Program is "to prevent or reduce the environmental and socio-economic impacts of nuisance (primarily non-native) aquatic plant and animal species." Many species are included in the Program; however, the priority species at this time are listed here.
Aquatic Nuisance Control Permit.
Pursuant to 10 V.S.A. Chapter 50, an Aquatic Nuisance Control Permit is required to control nuisance aquatic plants, insects or other aquatic life (including lamprey) in Vermont waters. Some types of nuisance control activities are exempt from the permitting process. The use of chemical herbicides, bottom barrier materials or powered mechanical devices may also require a wetland permit. The issuing of a permit by the Secretary is dependent upon multiple considerations made by the Secretary during the permitting process. Under 10 V.S.A. §1455, the Secretary is required to provide opportunity for public review and comment on permit applications. Procedures shall classify permit applications by degree of environmental risk involved, and allow for public notice and comment on each class.
A person shall not transport an aquatic plant, aquatic plant part, or aquatic nuisance species to or from any Vermont water. No restrictions apply to proper harvesting or control activities undertaken for the purposes of eliminating or controlling the growth or propagation of aquatic nuisance species; water quality monitoring shall not be restricted by this section of legislation. It is required that persons shall inspect any vessel, vessel trailer, motor vehicle and other equipment upon entering and departing a waterbody – persons will also be required to remove any aquatic plants, plant parts and aquatic nuisance species found on vessels or equipment. Agency of Natural Resources can permit the transport of aquatic plants, plant parts, or aquatic nuisance species for scientific, educational or other purposes deemed necessary.
Persons are required to have their vessel and equipment inspected and decontaminated at an authorized inspection station if one is available and these procedures are deemed necessary by an authorized staff member at said inspection station. Persons are required to drain their watercraft, trailer, and other equipment of any water. Drain plugs, bailers, valves and other water control devices are required to be opened or taken out while a vessel is being transported to or from a waterbody. This provision of §1454 is not inclusive of baitboxes (when authorized) or of vehicles and trailers designed for water hauling. Any violation of the aquatic nuisance species transport law, including the section pertaining drainage of vessels and equipment, may result in a fine of up to $1000.
Emergency Response General Permit
The Secretary of the Agency of Natural Resources has emergency permitting authority aimed at initiating a rapid response to a new invasive species invasion. An emergency rapid response general permit for both chemical and non-chemical methods with coverage is available to the commissioners of the Vermont Department of Environmental Conservation and the Vermont Department of Fish & Wildlife.
Ban of Felt-soled Boots and Waders (Repealed as of July 1, 2016)
In May 2010, the Vermont legislature enacted, and the Governor signed into law, a ban on the use of felt-soled boots and waders in Vermont waters, effective April 1, 2011. Due to changes in the science behind Didymo, the species most responsible for the implementation of the ban, it has since been repealed.
Use of Public Water Rules, Section 4.1
The Vermont Use of Public Water Rules Section 4.1 authorizes the Secretary of the Agency of Natural Resources to identify areas of public waters as temporarily closed to all persons, vessels or both in order to prevent, control or contain the spread of aquatic nuisance infestations.
Pest Survey, Detection, and Management
(Vermont Statutes Annotated Title 6, Chapter 84, § 1030-1040)
The Vermont Department of Agriculture, through the Commissioner, has regulatory authority over plant pests pursuant to Title 6, Chapter 84, Pest Survey, Detection & Management. Within this statute the commissioner may conduct surveys, establish quarantines and eradicate plant pests.
A plant pest is defined as any living stage of: insects, mites, nematodes, slugs, snails, protozoa or any other invertebrate animals; bacteria, fungi, mycoplasma or other parasitic plants, weeds or reproductive parts thereof; viruses or any organisms similar to or allied with any of the foregoing; and any genetically modified organisms or biological control agents that may directly or indirectly injure or cause disease or damage to any beneficial organisms, plants, parts of plants, or plant products.
Noxious Weed Quarantine #3
In general, this rule prohibits the sale, movement, distribution, and in some cases, possession or cultivation of certain species of plants that have been recognized as invasive in Vermont or adjacent States. The impacts of these plant species on native ecosystems outweigh their value as ornamental plants in the nursery and landscaping trades to the extent that the Agency of Agriculture has banned their sale in an effort to prevent their introduction into as yet uninfested areas, or slow their further spread across the state through commerce.
Minnow Nets, Traps, Transporting, and Use
According to Vermont baitfish laws, anglers may harvest wild baitfish for personal use, provided they use them only on the same water where harvested and only species approved for use as baitfish. Anglers may NOT transport baitfish they harvest away from that waterbody, but may store them on that waterbody indefinitely.
When purchasing baitfish, anglers must purchase baitfish from a state-approved commercial bait dealer. At the time of purchase, a Baitfish Transportation Receipt will be issued, which is valid for 96 hours from time and date of sale. This means that when baitfish are purchased from a baitshop, anglers have 96 hours to transport and use said baitfish on the designated waterbody indicated on the receipt. These baitfish may NOT be transported to any waterbody other than the one indicated on your receipt.
Control of Fish, Game; Powers of Commissioner
(Vermont Statutes Annotated Title 10, Chapter 103, § 4138)
The Vermont Department of Fish and Wildlife, through the Commissioner, "may take, permit, or cause to be taken at any time from any waters, and in any manner, fish which hinder or prevent the propagation of game or food fish and may take, permit, or cause to be taken at any time wild animals which are doing damage. Such removal or taking and the possession and disposition of such fish or wild animals shall be under such regulations as the Commissioner may prescribe. The Commissioner may take necessary measures to control, in public waters, aquatic vegetation, insects, or aquatic life, for the purpose of improving such waters as a habitat.”
Placing Fish in Waters
(Vermont Statutes Annotated Title 10, Chapter 111, § 4605)
The Vermont Department of Fish and Wildlife, through the Commissioner, has the authority to regulate the introduction of all live fish or the live spawn thereof, into any of the inland or outlying waters of the state. The Department also may dispose of unlawfully imported fish as it may judge best, and the state may collect damages from the violator for all expenses incurred. In this regard, no person is to bring into the state to introduce into any of the public waters any live fish or eggs unless a permit is first obtained from the Department of Fish and Wildlife.
Importation, Stocking Wild Animals
The Vermont Department of Fish and Wildlife, through the Commissioner, has the authority to regulate the introduction of any live wild bird or animal of any kind. The Department may dispose of unlawfully imported wildlife as it may judge best, and the state may collect damages from the violator for all expenses incurred.