Vermont Baitfish Regulation to Help Stop Spread of Fish Virus is Revised

April 23, 2008 -- WATERBURY, VT – Vermont’s “emergency” baitfish regulation that went into effect last October has been replaced by a permanent regulation that takes into account many of the concerns of anglers and yet still helps protect Vermont fisheries from a deadly new fish virus called Viral Hemorrhagic Septicemia (VHS).

Baitfish: Photo by Matthew Hoelscher (CC)

Shawn Good, the Fish & Wildlife Department fisheries biologist heading their Aquatic Nuisance Species Team, says the regulation is necessary to help prevent Vermont’s waters and fish from becoming infected with VHS, which could result in devastating fish kills.

Biologists think a mutated form of the ocean strain of VHS arrived in the Great Lakes soon after 2000, but was not detected until 2005 when it killed tens of thousands of fish in Lake Ontario. Since then it has rapidly spread throughout the Great Lakes and to some inland waters of several Great Lakes states, killing hundreds of thousands of fish. Fisheries managers in the affected Great Lakes states and Ontario have all imposed similar regulations on baitfish use in order to slow down or prevent the virus from spreading to new waters.

“Following the passing of the emergency baitfish rule in late 2007,” said Good, “the Fish & Wildlife Department and Fish & Wildlife Board held six public hearings around the state to gather comments and input for the permanent regulation. Our intent was to develop and pass a final regulation that addressed the biological risks associated with the movement of baitfish, in terms of disease spread, but at the same time minimize the burden the original emergency regulation put on anglers.”

Many anglers and baitfish dealers at the meetings said they wanted to help protect Vermont fisheries from VHS, but many also felt the emergency regulation presented too many hardships.

“I think the public process that was followed worked exactly as it is supposed to,” said Good. “The input we received from anglers and baitfish dealers at the public hearings and through phone calls and emails helped us all better understand how we can work together on this challenge. I believe we now have a regulation most people can accept while knowing it is very important for us to be proactive in our approach to protecting Vermont’s fisheries from this deadly fish virus.”

The key areas of concern raised by Vermont’s angling public were carefully considered by the department and members of the Fish & Wildlife Board, and many were incorporated into the final baitfish regulation.

“We now have a biologically sound and enforceable regulation that will help protect Vermont’s fish and fisheries from the risk presented by Viral Hemorrhagic Septicemia,” said Good.

Highlights of the revisions made to the permanent baitfish rule include:

1. Personal harvest of baitfish is allowed, provided baitfish are used on the same waterbody where they were captured.

2. The term “waterbody” is defined to include all tributaries of lakes and ponds up to the first barrier impassable by fish. For rivers and streams it includes all tributaries to that river or stream up to the first barrier impassable by fish. This will allow anglers to freely move up and down connecting streams and rivers to fish with live bait, provided they don’t pass a barrier (dam or waterfall for example).

3. Anglers are allowed to store baitfish on waterbodies for an indefinite period of time.

4. Anglers have 96 hours to transport commercially purchased baitfish to the waterbody designated on their receipt. Once baitfish are on the waterbody, there is no time limitation for use.

5. Baitfish cannot be transported away from waters of the state by motorized vehicle.

6. “Commercial bait dealer” designations are now “statewide” or “waterbody-specific.”

7. Statewide bait dealers will be restricted to selling only disease-free hatchery baitfish.

8. Waterbody-specific bait dealers must be located on a specific waterbody, and may harvest wild baitfish from that waterbody for sale and use only on that waterbody.

9. Anglers fishing border waters (Champlain and Connecticut River) may buy and use baitfish from NY or NH baitshops that are certified by the Vermont Fish & Wildlife Department for use only on those respective border waters.

10. Personal and commercial harvest of baitfish will be prohibited on any waterbody the department lists as “closed to baitfish harvest,” primarily for fish disease and pathogen reasons. The department will maintain and make available a list of such waters.

11. Commercially prepared and preserved baitfish and fish eggs may be used and transported by anglers, provided they are retained in the original packaging at all times.

“It is the responsibility of the Fish & Wildlife Department and the Fish & Wildlife Board to respond to the dangers this impending disease poses to fisheries and fishing in Vermont,” stressed Good. “Fish disease experts in the Great Lakes have said VHS may be the worst fish disease anglers will have to deal with in our lifetime. No other fish disease currently known can infect this many species and spread this fast. We had to respond appropriately to protect Vermont’s valuable fisheries.”

Good said the rapid spread of aquatic nuisance species and new fish diseases is a sign of the times and an unfortunate reality fisheries biologists and anglers are forced to deal with.

Although the VHS virus has not yet reached Vermont waters, it is widespread in the Great Lakes, the St. Lawrence River and in several of the Finger Lakes. Good says it is almost a certainty VHS will reach Vermont in the near future.

“We have the benefit of learning about the fish kills in the Great Lakes from a distance,” added Good. “We must be proactive in protecting the fisheries in our lakes and ponds. If we are diligent and have good angler understanding and cooperation, then we believe we can keep Vermont’s fish populations healthy and maintain the fishing we enjoy. If the virus does get into a Vermont waterbody, this regulation will already be in place to reduce the potential that anglers may inadvertently spread it to new waters.”

For more detailed information on the VHS fish disease and how to help prevent the introduction and spread of VHS, visit http://www.vtfishandwildlife.com/vhs.cfm.

To see the permanent regulation, go the Fish & Wildlife website (www.vtfishandwildlife.com), click on Law Enforcement and then on Rules and Proposed Rules. If you have questions, please contact Shawn Good, 802-786-3863 or Tom Jones, 802-241-3708, at Fish & Wildlife.

Source: Vermont Agency of Natural Resources