State Regulations for Vermont
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*** GENERAL REQUIREMENTS ***
Effective Date:
Last Update:
V E R M O N T
Health Requirements Governing the Admission of Animals
For More Information on Current Regulations Please Contact
Dr. Kerry Rood
Department of Agriculture, Food & Markets
Animal Health Section
Telephone: 802-828-2421
Fax: (802) 828-5983
RULES GOVERNING THE IMPORTATION OF DOMESTIC ANIMALS
INCLUDING LIVESTOCK AND POULTRY
SOURCES OF INFORMATION AND ASSISTANCE
Information and assistance in understanding these rules may be obtained by
writing the office of the State Veterinarian, Department of Agriculture, Food
and Markets,
Fax: (802) 828-5983, E-Mail: Animal.Health@agr.state.vt.us
SECTION
1. Accredited Veterinarian means a veterinarian who is approved by the U.S. Department of Agriculture and Livestock Sanitary Official in the state or country of origin to inspect domestic animals and issue Certificates of Veterinary Inspection.
2. Anaplasmosis Test means any test utilized in the diagnosis of anaplasmosis which is designated as official by the USDA.
3. Animal or Domestic Animal means cattle, sheep, goats, equines,
fallow deer,
4. APHIS means the Animal and Plant Health Inspection Service, United States Department of Agriculture (USDA).
5. Approved Laboratories are laboratories which are acceptable to both the state of origin and USDA to utilize certain tests according to protocol.
6. Approved Slaughter Plant means any abattoir at which either state or federal meat inspection is provided.
7. Bison means bovine-like animals of the genus bison also called American bison and buffalo.
8. Blood Test means any test conducted on blood specimens taken from specifically identified domestic animals by persons approved by the commissioner for the purpose of testing for evidence of disease.
9. Brucellosis Blood Test means any official USDA approved serological test conducted on blood specimens taken from specifically identified domestic animals for the purpose of testing for evidence of brucellosis. Negative tests are to be interpreted in accordance with Uniform Methods and Rules of the State/Federal Brucellosis Eradication program.
10. Brucellosis Bovine Certified Free Herd means a herd has qualified for certification by one or more of the following methods:
a. A minimum of four consecutive negative milk ring tests conducted at not less than 90-day intervals, followed by a negative herd blood test conducted on all test-eligible animals within 90 days after the last negative milk ring test. Milk ring test procedures may not be used for herd recertification.
b. At least two consecutive negative blood tests of all test-eligible cattle not less than 10 months nor more than 14 months apart. Recertification requires a negative herd test of all test-eligible cattle conducted within 60 days of each anniversary date.
11. Camelids means any animal of the family camelidae including, but not limited to, alpacas, camels, guanacos, llamas and vicunas.
12. Case Positive Premises means the premises on which a disease has been confirmed by appropriate test or other means.
13. Cattle means any animal of the family Bovidae.
14. Certificate of Veterinary Inspection means a declarative document issued by an accredited veterinarian of the state or country of origin, certifying to all statements required by these regulations concerning the importation of domestic animals, and certifying that all tests required by this rule have been performed.
15. Certified Farm means a facility/premises approved and certified annually by the commissioner to receive imported and native feeder cattle, feeder lambs, and feeder swine.
16. Cervidae means only domesticated
deer as defined in 6 V.S.A. Chapter 102 Section 1151 including, but not limited
to, fallow deer,
17. CFR means the Code of Federal Regulations as published by the office of the Federal Register, National Archives and Records Administration.
18. Chronic Wasting Disease means a transmissible spongiform encephalopathy affecting elk, white-tail deer and mule deer.
19. Coggins Test means the agar gel immune diffusion blood test for equine infectious anemia conducted in a laboratory approved by the United States Department of Agriculture and the Commissioner.
20. Commission Auction or Commission
21. Commissioner means the Commissioner of Agriculture, Food &
Markets for the State of
22. Contagious Disease means any disease found in domestic animals which is capable of spreading from one domestic animal to another or to wild animals with, or without actual contact including reportable diseases as defined in Title 6, Section 1151 (13).
23. Cultured Trout means trout propagated by commercial trout farms.
24. Dealer Herd means all livestock owned or managed by a livestock dealer, and assembled for resale or trade and includes all premises under the same management where exchange or interchange of livestock occurs.
25. Department means the Vermont Department of Agriculture, Food and Markets.
26. Diversion of Shipment means illegal movement of domestic animals
into
27. Document means a Certificate of Veterinary Inspection, Import Permit, or owner-shipper statement, as defined in this Section.
28. Domestic Fur-Bearing Animals means fur-bearing animals wild by nature which have been brought into and kept in captivity and the increase of the same so kept upon any farm or ranch for the purpose of propagating the same for the production of fur or breeding stock including but not limited to foxes and mink.
29. Equine means any member of the family equidae including horses, ponies, mules, asses and zebra.
30. Equine Animals of unknown EIA status means equine animals not known to be tested for EIA and equine animals waiting for the results of blood samples collected for EIA testing.
31. Equine Infectious Anemia (EIA), also known as swamp fever, is a disease of equine animals which is infectious and may be spread from animal to animal by blood sucking insects, unsterile surgical instruments, unsterile hypodermic needles and community use of equipment that may produce cuts or abrasions.
32. Exhibition means any spectator event in which a domestic animal is exhibited or entered in competition and usually received awards or prizes.
33. Exotic Animal means any animal not included in the definition of
domestic animal that is native to a foreign country but not native to the
34. Fallow Deer means any domesticated deer of the genus Dama, species dama.
35. Feeder Cattle means bovine animals kept for the sole purpose of feeding prior to slaughter which are no more than 18 months old as evidenced by the absence of permanent incisor teeth.
36. Feeder Lambs means lambs kept for the sole purpose of feeding for slaughter.
37. Feeder Swine means swine, including boars weighing less than 175 pounds, kept for the sole purpose of feeding for slaughter.
38. Feeders means livestock fed a finishing ration prior to shipment to slaughter.
39. Ferrets means only the European Ferret Mustela putoriousfuro.
40. Flock Plan (sheep) means a written flock management plan between a flock owner and an accredited veterinarian and an APHIS Veterinary Services veterinarian to control the spread of scrapie from, and to eradicate scrapie in, the flock.
41. Garbage means putrescible animal and vegetable waste resulting from the handling, preparation, cooking or consumption of foods. Garbage includes animal carcasses or parts derived from the carcasses.
42. Herd of Origin means a group of animals under common ownership or supervision in which the animal was born or spent the past 90 days prior to importation. Herd of origin does not include a temporary assembly of animals for sale or shipment.
43. Immediate Slaughter means slaughter of livestock within 7 days
from time of entry into
44. Import means any act of transporting domestic animals into
45. Importer means any person transporting his/her own domestic animals into Vermont or any purchaser or consignee to whose premises or to whose custody such domestic animals are first delivered after such entry.
46. Import Permit means a form authorizing the importation issued by
the Commissioner to any person who intends to import domestic animals into
47. Livestock means all domesticated animals normally considered farm
animals which are generally used as food source, including, but not limited to,
cattle, equine, goats, sheep, swine, camelids, fallow
deer,
48. Livestock Dealer means any person who is licensed and bonded in accordance with 6 V.S.A. Chapter 63, Sections 762 and 764; to buy, sell, lease, or transport livestock or to operate a livestock auction or sales ring.
49. National Poultry Improvement Plan is a National poultry management, sanitation and monitoring program as described in 9 CFR Part 145.
50. Negative Test means a test not interpreted to be indicative of a particular disease under criteria approved by the United States Department of Agriculture.
51. Official Individual Identification means a set of unique identifying characters (i.e. numbers, letters, or symbols), used to positively identify a particular animal. Examples include eartags, backtags, microchips, tattoo, brands and registration numbers approved by the Commissioner.
52. Owner-Shipper Statement means a form issued by the Department signed by the owner or shipper of the domestic animals containing a statement certifying that the animals are being transported for purposes stipulated on the form in accordance with Title 9, Code of Federal Regulations. This may be in the form of a waybill or other document.
53. Person means any individual, partnership, association, corporation or organization of persons whether incorporated or not, including any municipality, state, or federal agency, or subdivision of any state.
54. Post-entry Retest and Examination shall mean the retesting and examining of imported domestic animals as deemed necessary by the commissioner.
55. Poultry means all domesticated birds of all ages which may be used as human food, or which produce eggs that may be used as human food. Poultry includes, but is not limited to, meat and egg chickens, exhibition (fancy) chickens, turkeys, domestic ducks, geese, pheasants, Chukar partridge and Coturnix quail.
56. Premises of Destination means the first premises within the state on which imported domestic animals are confined. Exceptions exist for cattle and bison purchased by livestock dealers under Section III A. 1.(b).
57. Premises of Origin means place of birth or last housing for at least 90 days prior to importation. Premises of origin does not include the location of a temporary assembly of animals for sale or shipment.
58. Psittacine Birds means all pet birds commonly sold in pet shops for household pets that are susceptible to psittacosis including but not limited to Psittaciformes (parrots, parrotlets, parakeets, budgerigars, macaws, cockatoos, cockatiels, lories, lorikeets, lovebirds) Passeriformes (tits, finches including java sparrow, canaries, mynahs) and Columbiformes (doves, pigeons).
59. Qualified Pseudorabies Negative Swine Breeding Herd means a swine herd recognized by the state of origin as having met the testing requirements of the Pseudorabies Eradication State/Federal/Industry Program for this designation. Any breeding herd in a Stage IV or V state meets these requirements. For additional information see CFR Part 85.
60. Ratites means ostriches, rheas, and emus.
61. Raw Garbage means garbage that has not been boiled for a minimum of 30 minutes as required in preparation as livestock feed under 6 V.S.A., Chapter 113, Section 1674.
62.
63. Reindeer means domesticated deer of the family Cervidae, genus Rangifer species tarandus.
64. Shipping Copy means that portion of a Certificate of Veterinary Inspection, owner-shipper statement, or other document accompanying domestic animals in transit.
65. Slaughter Livestock means any livestock originating in any state or country specifically designated to a licensed slaughter establishment for immediate slaughter or to an approved commission market authorized to handle out-of-state livestock.
66. Source Flock (sheep) means a flock in which an APHIS
representative or a State Animal Health representative has determined that at
least two animals were born that were diagnosed as scrapie-positive
animals at an age of 54 months or less. In order for the flock to be a source
flock, the second scrapie-positive diagnosis must
have been made within 60 months of the first scrapie-positive
diagnosis and after
67. Swine means any animal of the species Sus scrofa, commonly referred to as pigs or hogs, including pot-belly pigs.
68. Test Eligible means any animal that has attained the specified age to require testing as detailed in this rule.
69. Tuberculosis Accredited Free Bovine Herd means a herd that has tested negative on at least two consecutive official tuberculosis tests of all eligible animals conducted 10-14 months apart. To maintain accredited herd status, herd tests are conducted annually at intervals of no less than 10 months nor more than 14 months.
70. Tuberculosis Accredited Free Cervid Herd means a cervid herd that has passed at least three consecutive official tuberculosis tests of all eligible animals conducted 9-15 month intervals. To maintain accredited herd status, the herd must test negative for tuberculosis at intervals of not less than 21 months or more than 27 months and comply with the standards set forth in the Uniform Methods and Rules for the Eradication of Tuberculosis in Cervidae.
71. Tuberculosis Monitored Cervid Herd means a cervid herd on which identification records are maintained for animals over 1 year of age that are slaughtered and inspected for tuberculosis in an approved state or federal slaughter facility or an approved laboratory. Monitored cervid herds must comply with the standards set forth in the Uniform Methods and Rules for the Eradication of Tuberculosis in Cervidae.
72. Tuberculosis Qualified Cervid Herd means a cervid herd that has tested negative for tuberculosis test on all eligible animals within the past 12 months, is not classified as accredited and must comply with the standards set forth in the Uniform Methods and Rules for the Eradication of Tuberculosis in Cervidae.
73. Uniform Methods and Rules refers to the procedures published by USDA/APHIS for the eradication of specific diseases under federal/state cooperative eradication programs.
74. USDA means the United States Department of Agriculture.
75. Vesicular Stomatitis means a viral disease characterized by fever and vesicles primarily on the mucous membranes of the mouth, epithelium of the tongue, teats, soles of the feet and coronary band.
76. Wild Animal means any animal, including birds, amphibians, and reptiles, other than domestic animals. See 10 V.S.A. Section 4001.
SECTION II General Information
A. General Requirements
1. No person shall import, or cause to be imported, into Vermont any domestic animal unless the domestic animal is accompanied by a Certificate of Veterinary Inspection and an import permit, or a owner-shipper statement or is imported pursuant to a memorandum of understanding signed by the commissioner.
2. No person shall import, or cause to be imported, into
3. No person shall import, or cause to be imported, into Vermont any domestic animal that is affected with, or has been exposed to, any contagious disease including, but not limited to, tuberculosis, brucellosis, anaplasmosis, psoroptic scabies, hog cholera, pseudorabies, rabies, equine infectious anemia, pullorum-typhoid, chlamydiosis (psittacosis) or scrapie.
4. In order to prevent the spread of contagious diseases, any domestic
animals brought into the state without having been first tested and inspected
as required by these rules may be returned to the state of origin within 48
hours of a determination by the commissioner that the domestic animals have
been illegally imported. While in
In the event that the domestic animal cannot be returned to the state of
origin, the animal shall be slaughtered or euthanized
within 72 hours of a determination by the commissioner that the animal has been
illegally imported. The owner of the domestic animal shall bear the full
expense of its destruction or removal from
5. Domestic animals, imported into
B. Import Permits
1. No person shall import or cause to be imported any domestic animal except dogs, cats or horses or livestock consigned to immediate slaughter without an import permit from the commissioner.
2. To obtain an import permit, the importer shall provide the following information to the Commissioner.
a. The name and address of the importer:
b. The state of origin and the premise of destination;
c. The number and species of domestic animals to be imported.
d. The name and address of the consignee; and
e. The signature of the State Veterinarian, the date, and the period for which the permit is valid.
3. An import permit may not be required for certain domestic animals imported under a memorandum of understanding signed by the commissioner which achieves the objective of V.S.A. Section 1461 to prevent the introduction of contagious disease into the state.
4. All domestic animals for which import permits are required shall be individually and completely identified by official eartag, registered brand, registration number, official tattoo marking microchip or other appropriate official individual identification.
5. Import permits are subject to all state and federal rules and regulations of quarantine.
6. The importer shall obtain a Certificate of Veterinary Inspection for all domestic animals to be imported into the state in accordance with provisions of subsection C.
7. No person shall utilize an import permit to transport any domestic
animals into
8. The importer shall report the arrival of all domestic animals covered by
an import permit to the Commissioner within 10 days after arrival at the
premises of destination. The importer shall complete the reverse side of the
import permit and return the permit to the Department of Agriculture, Food and
Markets, Animal Health Section,
a. the date of arrival at the premise of destination;
b. the state or country of origin;
c. the number and species of imported domestic animals;
d. an identification list containing eartags, registration number, or official tattoo markings, or other identification means, and;
e. the signature and address of the consignee.
C. Certificate of Veterinary Inspection
1. No person shall import any domestic animal into Vermont unless each animal is accompanied by a Certificate of Veterinary Inspection (commonly called a health chart), certifying that the animal has been inspected, is not showing signs of contagious diseases, and has been tested in accordance with the requirements specified in Section III of this rule.
2. All tests reported for import purposes must be USDA officially recognized tests approved by the commissioner. Laboratory tests must be conducted in an approved laboratory.
3. The importer shall:
a. acquire the Certificate of Veterinary Inspection forms from an accredited and licensed veterinarian of the state or country of origin;
b. ensure that all Certificates of Veterinary Inspection are completed by an accredited veterinarian of the state or country of origin within 30 days immediately prior to entry into the state or as otherwise provided by this rule; and
c. ensure that an official copy of each Certificate of Veterinary Inspection is mailed to the Department.
4. On the Certificate of Veterinary Inspection, the accredited veterinarian shall certify all statements made, tests conducted, and identities established for each domestic animal to be imported. The Certificate of Veterinary Inspection shall include the following:
a. the name and address of the consignor and the consignee;
b. the herd of origin and the premise of destination;
c. the accurate identification of each animal by eartag, registration number, microchip, or official tattoo marking, and a listing of breed, sex, age, and any other information pertinent to each animal's identity;
d. the dates and results of all tests conducted as required by Section III of this regulation;
e. the date of examination;
f. the signature of the accredited veterinarian;
g. when requested by the accredited veterinarian, the signature of the owner certifying that, at the time of issue, the domestic animals readied for import are in fact the animals for which the Certificate of Veterinary Inspection has been issued.
5. Certificates of Veterinary Inspection shall be countersigned by the State Veterinarian or the equivalent chief animal disease control official from the state or country of origin who shall certify that the veterinarian issuing the certificate has been authorized to inspect animals and issue Certificates of Veterinary Inspection.
6. Livestock imported for immediate slaughter are exempt from the requirement of a Certificate of Veterinary Inspection. See subsection D. of this rule.
7. A Certificate of Veterinary Inspection may not be required for certain domestic animals imported under a memorandum of understanding signed by thecommissionerr which achieves the objective of 6 V.S.A. Section 1416 to prevent the introduction of contagious disease into the state.
8. Certificates of Veterinary Inspection may be disapproved by the Commissioner which do not contain all the necessary statements and test information required by Section II C(4) of this rule. Animals accompanied by a Certificate of Veterinary Inspection that have been disapproved may be considered illegal imports.
D. Owner-shipper Statement.
1. No person shall import or cause to be imported into the state any livestock consigned for immediate slaughter unless that person has in his or her possession an owner-shipper statement.
2. The owner-shipper statement shall include the following:
a. the name and address of the consignor and the consignee;
b. the point of origin and the premises of destination;
c. the date of entry into
d. a listing of official identification of each animal as required in subsection B(3); and
e. signature of shipper certifying that the animals are imported for slaughter only.
E. Slaughter Livestock
1. Slaughter livestock must be accompanied by a owner-
shipper statement and must move directly without interim stops to an approved slaughter establishment or approved commission market authorized to handle out-of-state livestock.
2. Slaughter livestock moved to an approved commission market may then be sold only to an approved slaughtering establishment, and after such sale shall be moved immediately and directly from the point of sale to the slaughtering establishment by direct route.
F. Special Permits
Persons living near the State line and who own or occupy land in an adjoining state may procure from the commissioner a special permit to transport livestock back and forth to pasture or for other purposes subject to such restrictions as the commissioner may prescribe by rule or order.
G. Exhibition Permits
1. Persons transporting domestic animals into the state for exhibition or competition during the fair season may obtain an exhibition permit from the commissioner prior to entering.
2. Animals listed on the Certificate of Veterinary Inspection will be exempt from the requirement for a new Certificate of Veterinary Inspection every 30 days for the duration of the exhibition permit. All tests listed on the Certificate of Veterinary Inspection must be kept current for the duration of the exhibition permit.
3. Exhibition permits will expire in 180 days.
H. Certified Farm
Certified Farm is a facility/premises approved and certified annually by the commissioner to receive imported and native feeder cattle, feeder lambs, and feeder swine. These livestock are exempt from specific tests required for importation in Section III of this rule when confined to a certified farm. These livestock will be maintained under conditions designed to prevent the spread of infections or contagious disease to other livestock within the state.
Requirements:
1. There shall be official individual identification.
2. Animal movement restricted to another certified farm or to a slaughter facility only.
3. The Animal Health Section shall receive regular reports of all animal movement onto or off the certified farm, including death loss, on a mutually agreed upon basis.
4. Records shall be retained for minimum of 3 years, subject to examination by the Commissioner.
5. Violations of these rules may result in the loss of certification.
SECTION III. TESTING AND SPECIAL REQUIREMENTS FOR IMPORTING DOMESTIC ANIMALS
GENERAL REQUIREMENTS: When testing of domestic animals is required by these regulations it shall be done in the state or country of origin.
*** CATTLE ***
A. CATTLE/BISON: Required Documentation for Importation: Import Permit, Certificate of Veterinary Inspection within 30 days prior to importation; Official individual identification.
1. Quarantine and Retest Requirements
a. All cattle/bison imported into the state except as provided below shall be quarantined to the premises of destination until retested for brucellosis. Cattle will be retained under quarantine until lifted by the commissioner.
Exemptions:
1. Dairy cattle imported from states/countries classified "certified free" of brucellosis or an equivalent classification;
2. Cattle imported for exhibition;
3. Cattle imported for immediate slaughter;
4. Cattle/bison imported directly to certified farms (see Section II, H.) are exempt form the quarantine and retest requirements.
5. Spayed heifers and steers imported as feeder cattle.
b. Livestock dealers, commission breed sales and commission sales have a 45-day exemption from becoming the premises of destination. Test-eligible cattle/bison not sold during this 45-day grace period are quarantined to the dealers or sales premises until retested for brucellosis.
c. All test-eligible imported cattle must be retested for brucellosis between 45 days and 120 days post entry into [the state] Vermont. The owner of imported cattle is responsible for the cost of retesting the imported cattle. Testing will be done at state expense by the Commissioner when sufficient funds and personnel are available. Unavailability of state funds or personnel shall not excuse owners obligation to retest in a timely manner.
d. Livestock dealers are responsible for immediately notifying the Department on the proper form of any change in ownership of the test-eligible cattle/bison imported by the dealer and for notifying the purchaser of the test requirements.
2. Brucellosis
a. All bison must have a negative USDA officially recognized test for brucellosis within 30 days prior to importation.
b. A pre-import brucellosis test is not required for cattle (dairy or beef)/bison originating from a herd of origin in states/Canadian provinces classified "certified free" of brucellosis or an equivalent classification.
C. All test eligible cattle/bison imported into Vermont from brucellosis Class A, Class B, or Class C states (State and area classification is governed by 9 CFR Section 78.9) must individually test negative to a USDA officially recognized brucellosis test within 30 days immediately prior to entry into the state. All unvaccinated cattle/bison over 6 months of age (180 days) and all official vaccinates over 18 months of age (540 days) shall be considered brucellosis test eligible cattle/bison;
d. A pre-import brucellosis test is not required for cattle/bison that originate from certified brucellosis free herds, in Class A, Class B, or Class C states.
3. Tuberculosis
All cattle/bison must test negative to a USDA officially recognized
tuberculosis test within 60 days immediately prior to entry into
a. Cattle/bison that are identified as members of a bovine tuberculosis accredited free herd, ("accredited free state and herd classification are governed by 9 CFR Section 77.1.);
b. Cattle/bison originating from a herd of origin in states/Canadian provinces classified accredited free of tuberculosis or an equivalent classification;
c. Cattle/bison imported into the state for movement directly to slaughter;
d. Cattle/bison imported into the state directly onto a certified farm.
4. Anaplasmosis
All cattle and bison 30 days of age or older originating in the following states:
Alabama, Arkansas, California , Colorado, Florida, Georgia, Idaho, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington, Wyoming, Puerto Rico, Virgin Islands
shall have been negative to a USDA officially recognized test for anaplasmosis conducted within 30 days prior to entry.
5. Bluetongue
All cattle and bison 30 days of age or older originating in the following states:
Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Carolina, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington, Wyoming, Puerto Rico, Virgin Islands
shall have been tested by a USDA officially recognized test for bluetongue within 30 days prior to entry.
Cattle/bison testing serologically positive will be allowed entry if they are negative on a virus isolation test conducted in an approved laboratory.
6. Vesicular Stomatitis
Any cattle/bison originating from a state with a case positive premises within the previous 30 days or from a state adjacent to a state with a case positive premises within the previous 30 days must have the following information on the certificate:
The cattle/bison listed on this certificate have not been on a case positive premises during the previous 30 days. The cattle/bison showed no clinical signs of vesicular stomatitis at the time of examination. The cattle/bison have not been knowingly exposed to vesicular stomatitis.
7. Psoroptic Scabies
No cattle/bison affected with or exposed to psoroptic
scabies shall be imported into
8. Immediate Slaughter (slaughter livestock)
Cattle imported for immediate slaughter are exempt from all test requirements but are require an owner-shipper statement. See Section II. D. of this rule. Such cattle/bison must move directly without interim stops to an approved slaughter establishment or approved commission market authorized to handle out-of-state cattle/bison.
9. Cattle under fourteen (14) days of age are exempt from an import permit and Certificate of Veterinary Inspection under the following conditions:
a. The importer is a licensed livestock dealer in
b. The cattle are individually identified in the state of origin.
c. A separate record of each shipment is kept listing all animals imported, the date of import, the disposition of each animal and the date of disposition.
d. These records will be available for inspection by the commissioner upon request.
e. The records will be maintained by the importer for three years.
*** HOGS ***
B. SWINE: Required Documentation for Importation: Import Permit; Certificate of Veterinary Inspection dated within 30 days prior to the date of importation. Official individual identification or official individual premises indentification for feeder swine.
1. Brucellosis
a. All imported swine must originate in a validated brucellosis free state, a validated brucellosis free herd ("validated brucellosis free" state or herd status is governed by 9 CFR Section 781."), or, if 4 months of age or over, be blood tested negative to a USDA officially recognized brucellosis test within 30 days immediately prior to entry into Vermont.
2. Pseudorabies: must conform to the Pseudorabies Eradication State/Federal/Industry Program Standards. For additional information see 9 CFR Part 85.
a. All breeding swine imported into the state must test negative to a USDA
officially recognized pseudorabies test within 30
days immediately prior to entry into
1. Imported directly from a qualified pseudorabies negative herd, or
2. Imported directly from herds of origin in states in Stage IV or V of the swine pseudorabies eradication program.
b. All breeding swine imported with a negative USDA officially recognized pseudorabies test must be quarantined apart from other swine on the importer's premises until retested negative in 30-60 days at the importer's expense. Swine that move directly from the herd of origin are exempt from this rule.
3. Vesicular Stomatitis:
Any swine originating from a state with a case positive premises within the previous 30 days or from a state adjacent to a state with a case positive premises within the previous 30 days must have the following information on the certificate:
The swine listed on this certificate have not been on a case positive premises during the previous 30 days. The swine showed no clinical signs of vesicular stomatitis at the time of examination.
The swine have not been knowingly exposed to vesicular stomatitis.
4. Immediate Slaughter (slaughter livestock)
a. Swine imported for immediate slaughter are exempt from all test requirements but require an owner-shipper statement. See Section II. D. Of this rule.
5. Feeder Swine
a. Feeder swine must meet the same import requirements as breeding swine.
b. Feeder swine imported directly to certified farms are exempt from brucellosis and pseudorabies requirements.
*** HORSES & OTHER EQUIDAE ***
C. EQUINE: Required Documentation for Importation: Certificate of Veterinary Inspection dated within 30 days prior to the date of importation.
1. Equine Infectious Anemia:
a. All equine imported into
b. Exceptions:
1.
a. an approved equine quarantine facility for testing prior to resale; or
b. to an approved holding area for equine animals prior to shipment for slaughter.
2. A private citizen can make arrangements with a licensed dealer to import an equine animal of unknown EIA status utilizing the dealer's backtag and quarantine facilities.
2. Vesicular Stomatitis:
Any equine originating from a state with a case positive premises within the previous 30 days or from a state adjacent to a state with a case positive premises within the previous 30 days must have the following information on the certificate:
The equine listed on this certificate have not been on a case positive premises during the previous 30 days. The equine showed no clinical signs of vesicular stomatitis at the time of examination.
The equine have not been knowingly exposed to vesicular stomatitis.
*** SHEEP ***
D. SHEEP AND LAMBS: Required Documentation for Importation: Import Permit; Certificate of Veterinary Inspection dated within 30 days prior to the date of importation; Official individual identification.
1. Bluetongue
Sheep 90 days or more of age originating in the following states:
Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Carolina, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington, Wyoming, Puerto Rico, Virgin Island
shall be negative to a USDA officially recognized test for bluetongue conducted within 30 days prior to entry. Sheep or lambs testing serologically positive will be allowed entry if they are negative on a virus isolation test conducted in an approved laboratory.
2. Vesicular Stomatitis:
Any sheep or lambs originating from a state with a case positive premises within the previous 30 days or from a state adjacent to a state with a case positive premises within the previous 30 days must have the following information on the certificate:
The sheep or lambs listed on this certificate have not been on a case positive premises during the previous 30 days. The sheep or lambs showed no clinical signs of vesicular stomatitis at the time of examination. The sheep or lambs have not been knowingly exposed to vesicular stomatitis.
3. Sheep or lambs imported for immediate slaughter are exempt from all test requirements but require an owner-shipper statement. See Section II. D. of this rule.
4. Psoroptic Scabies: No sheep or lamb affected
with or exposed to psoroptic scabies shall be
imported into
5. No sheep or lamb affected with scrapie or
originating from infected or source flocks shall be imported into
*** GOATS ***
E. GOATS: Required Documentation for Importation: Import Permit, Certificate of Veterinary Inspection dated within 30 days prior to the date of importation; Official individual identification.
1. All goats originating from brucellosis certified free states/Canadian provinces or certified brucellosis free herds are exempt from brucellosis tests. Goats originating from bovine tuberculosis accredited free states/Canadian provinces or tuberculosis certified free herds are exempt from tuberculosis tests.
2. All goats from states/Canadian provinces which do not have a "free" classification in either brucellosis or tuberculosis must have a negative test for brucellosis within 30 days prior to importation and/or a negative test for tuberculosis within 60 days prior to importation (State and area classification is governed by 9 CFR Section 77.1 and Section 78.9.)
3. Vesicular Stomatitis
Any goat originating from a state with a case positive premises within the previous 30 days or from a state adjacent to a state with a case positive premises within the previous 30 days must have the following information on the certificate:
Any goat listed on this certificate has not been on a case positive premises during the previous 30 days. The goat showed no clinical signs of vesicular stomatitis at the time of examination. The goat has not been knowingly exposed to vesicular stomatitis.
4. Caseous Lymphadenitis: All goats imported into
5. Goats imported for immediate slaughter are exempt from all test requirements but require an owner-shipper statement. See Section II. D. of this rule.
*** LLAMAS ***
F. CAMELIDS: Required Documentation for Importation: Import Permit; Certificate of Veterinary Inspection dated within 30 days prior to the date of importation.
1. All camelids imported into
a. have tested negative to a USDA officially recognized test for brucellosis within 30 days prior to the date of entry into the state. A brucellosis test at the beginning of the exhibition season will be a "current test" for the duration of an exhibition permit for those camelids identified on the exhibition permit.
b. have tested negative to a USDA officially recognized test for tuberculosis dated within 90 days prior to the date of entry into the state. A tuberculosis test at the beginning of the exhibition season will be a "current test" for the duration of an exhibition permit for those camelids identified on the exhibition permit.
2. Bluetongue
All camelids 30 days of age or older originating in the following states:
Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Carolina, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington, Wyoming, Puerto Rico, Virgin Island
shall be negative to a USDA officially recognized test for bluetongue conducted within 30 days prior to entry. Camelids testing serologically positive will be allowed entry if they are negative on a virus isolation test conducted in an approved laboratory.
3. Vesicular Stomatitis
Any camelid originating from a state with a case positive premises within the previous 30 days or from a state adjacent to a state with a case positive premises within the previous 30 days must have the following information on the certificate:
The camelid listed on this certificate has not been on a case positive premises during the previous 30 days. The camelid showed no clinical signs of vesicular stomatitis at the time of examination. The camelid has not been knowingly exposed to vesicular stomatitis.
4. Camelids imported for immediate slaughter are exempt from all test requirements but require an owner-shipper statement. See section II. D. Of this rule.
*** CERVIDAE ***
G. CERVIDAE: Required Documentation for Importation: Import Permit; Certificate of Veterinary Inspection dated within 30 days prior to the date of importation.
1. Official individual identification of each cervid imported is required.
2. It is the importers responsibility to construct and maintain suitable facilities at the premises of destination for restraining and testing cervidae.
3. Brucellosis
a. Certification that all cervidae have tested negative to a USDA officially recognized test for brucellosis dated within 30 days prior to the date of entry.
b. Cervidae other than red deer and fallow deer must be quarantined to the farm of destination until retested for brucellosis 45 to 120 days post entry.
4. Tuberculosis
a. Cervidae that originate from accredited free cervid herds may enter Vermont without further tuberculosis testing provided that they are accompanied by a certificate of veterinary inspection stating that such cervidae originated from an accredited herd.
b. Cervidae not known to be affected with or exposed to tuberculosis that originate from qualified cervid herds may enter Vermont if the animals are accompanied by a certificate of veterinary inspection stating that they originate from a qualified cervid herd and have been classified negative to USDA approved tuberculosis test that was conducted within 90 days prior to the date of movement. If the qualifying test was administered within 90 days of movement, the animal(s) to be moved do not require an additional test.
c. Cervidae not known to be affected with or exposed to tuberculosis that originate from monitored cervid herds may enter Vermont if they are accompanied by a certificate of veterinary inspection stating that such cervidae originate from a monitored cervid herd and have been classified negative to a USDA approved tuberculosis test that was conducted within 90 days prior to the date of movement.
d. Cervidae not known to be affected with or exposed to tuberculosis that originate from all other herds may enter Vermont if they are accompanied by a certificate of veterinary inspection stating that such cervidae have been classified negative to two official tuberculosis tests that were conducted no less than 90 days apart, that the second test was conducted within 90 days prior to the date of movement, and that the animals were isolated from all other members of the herd during the testing period.
e. Cervidae less than 12 months of age, that originate from and were born in qualified or monitored herds may enter Vermont without further tuberculosis testing, provided they are accompanied by a certificate of veterinary inspection stating that such cervidae originated from such herds and have not been exposed to cervidae from a lower status herd.
f. Institutions that have been accredited by the American Association of Zoological Parks and Aquariums (AAZPA) are exempt from those requirements when movement is between accredited member facilities. All other movement from AAZPA-accredited members must comply with these movement requirements.
5. Epizootic Hemorrhagic Disease (EHD):
a. Cervidae over 120 days of age must test negative to a USDA officially recognized test for epizootic hemorrhagic disease when the herd of origin is in an area determined to be epidemic.
6. Anaplasmosis:
All cervidae 30 days of age or older originating in the following states:
Alabama, Arkansas, California, Colorado, Florida, Georgia, Idaho, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington, Wyoming, Puerto Rico, Virgin Islands
shall have been negative to a USDA officially recognized test for anaplasmosis conducted within 30 days prior to entry.
7. Bluetongue:
All cervidae 30 days of age or older originating in the following states:
Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Carolina, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington, Wyoming, Puerto Rico, Virgin Island
shall be negative to a USDA officially recognized test for bluetongue conducted within 30 days prior to entry. Cervidae testing serologically positive will be allowed entry if they are negative on a virus isolation test conducted in an approved laboratory.
8. Vesicular Stomatitis:
Any cervidae originating from a state with a case positive premises within the previous 30 days or from a state adjacent to a state with a case positive premises within the previous 30 days must have the following information on the certificate:
The cervidae listed on this certificate have not been on a case positive premises during the previous 30 days. The cervidae showed no clinical signs of vesicular stomatitis at the time of examination. The cervidae have not been knowingly exposed to vesicular stomatitis.
9. All cervidae imported for immediate slaughter are exempt from all test requirements but require an owner-shipper statement. See Section II. D. Of this rule.
10. Nematodes of the subfamily Elaphostrongylinae:
Reindeer and
a. Testing and isolation are not required for native born reindeer or red deer that are imported directly from states and Canadian provinces where the nematode is not known to exist.
b. All reindeer and
Minimum standards are:
(1) 120 day isolation period in an area with a dry surface devoid of vegetation.
(2) No parasitide treatment while in isolation.
(3) Weekly fecal test starting on day 60 of the isolation for the first stage larvae of nematodes belonging to the subfamily Elaphostrongylinae.
(4) Direct shipment from the isolation facility.
(5) Veterinary supervision of isolation and testing procedures.
11. Chronic Wasting Disease (CWD) in Elk:
All elk must be born in, and originate from, herds in which CWD has not been diagnosed in elk and no individuals within the herd have been exposed to CWD unless the importer applies in writing to the commissioner for an exception to this rule prior to importation. Exceptions will be based on risk assessment.
*** RATITES ***
H. RATITES: Required Documentation for Importation: Import Permit; Certificate of Veterinary Inspection or a National Poultry Improvement Plan Certificate with the flock approval number dated within 30 days prior to the date of importation.
1. Official individual identification of each ratite imported is required. The identification can be a microchip with a unique number or a leg band with a unique number.
2. Ratites imported for immediate slaughter are exempt from all test requirements but require an owner-shipper statement. See Section II. D. Of these rules.
*** POULTRY & HATCHING EGGS ***
I. POULTRY: Required Documentation for Importation: Import Permit; Certificate of Veterinary Inspection or a National Poultry Improvement Plan Certificate with the flock approval number dated within 30 days prior to importation.
1. All poultry, except waterfowl, 5 months or more of age, imported for purposes of breeding or egg production, must originate from a Pullorum-Typhoid clean flock or test negative to an agglutination test for Pullorum-Typhoid disease within 30 days immediately prior to entry into Vermont.
2. All poultry less than 5 months of age and all hatching eggs imported into Vermont must originate from a hatchery or other premises that is under the supervision of the poultry disease control officials of the state of origin, and that has a Pullorum-Typhoid classification of clean or better.
3. When there is a threat of Avian Influenza entering
*** PSITTACINE BIRDS ***
J. PSITTACINE BIRDS: Required Documentation for Importation: Import Permit, Certificate of Veterinary Inspection dated within 15 days prior to the date of importation.
1. All psittacine birds imported into
2. All imported psittacine birds shall be inspected
and found to be free of infectious, contagious, and communicable diseases
within 15 days immediately prior to entry into
3. All imported psittacine birds shall be
quarantined for 15 days immediately after entry into
4. All importers of psittacine birds shall keep records that indicate the origin and date of shipment, the name and address of the breeder, the number of birds shipped, and the name and address of the persons to whom the imported birds are sold.
*** FERRETS ***
K. FERRETS: Required Documentation for Importation: Import Permit; Certificate of Veterinary Inspection dated within 30 days prior to the date of importation.
1. Ferrets imported into
a. not originate from an area that is presently quarantined for rabies; and
b. if 3 months or more of age, have been vaccinated in the state or country of origin within 9 months immediately prior to entry into the state with a rabies vaccine approved by the commissioner for use in Vermont.
*** DOMESTIC FUR-BEARING ANIMALS ***
L. DOMESTIC FUR-BEARING ANIMALS: Required Documentation for Importation: Import Permit; Certificate of Veterinary Inspection dated within 30 days prior to the date of importation.
*** WILD ANIMALS ***
M. WILD ANIMALS
The Department of Agriculture, Food & Markets does not have jurisdiction
over wild animals. The importer should contact the Fish and Wildlife
Department, Natural Resources Agency,
***AQUATIC SPECIES/AQUACULTURE***
The following are the statutes and regulations pertaining to aquatic species:
106 - Baitfish Regulation
117 - Fish Propagation regulations
4605 - Fish Importation statute
4709 - Wildlife Importation statute
5207 - Fish Propagation statute
TITLE 10A
Conservation and Development
4 APPENDIX
CHAPTER 2. FISH
§ 106. Rule governing the taking,
possessing, transporting, use and selling of baitfish
1.0 Authority
This
rule is promulgated pursuant to 10 V.S.A. § 4605. In promulgating 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 fur-bearing 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.
In
accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best
health, population and utilization levels of the regulated species and other
necessary or desirable species which are related to the regulated species.
This
rule applies to fish used as bait for fishing related activities.
This
rule shall apply to all persons who take, possess, transport, use, or deal with
baitfish.
2.0 Purpose
The
purpose of this rule is to:
(a) protect the fish, and fisheries in the state, and
(b) ensure the conservation of the fish and fisheries in the
state, and
(c) maintain the best health of species of the state, and
(d) prevent the introduction or spread of a disease or parasite
harmful to humans and wild species, and
(e) prevent the escape or release of non-native species or
species injurious to or competitive with natural ecological systems and
processes.
3.0 Definitions
"Application"
means a specific form provided by the Fish and Wildlife Department.
"Baitfish"
means fish species living or dead, used for the purpose of attracting and
catching fish.
"Commercial
Dealing, dealing, or deal" means to sell as defined in Title 10, § 4001,
subsection 22.
"Permit"
is a document from the Commissioner granting a Commercial Bait Dealers Permit.
4.0 General Bait Use -
Permitted Activities and Restrictions
/B A
minnow trap may be used for taking fish for bait, provided such trap does not
exceed eighteen inches in length and the aperture therein for the entrance of
fish does not exceed one inch in diameter.
/B Dip
nets, cast nets, and umbrella nets not exceeding a total of 51 square feet of
mesh, or a seine net not exceeding 25 feet in length, may be used for taking
fish for bait from waters not listed as Closed Trout Waters in Section 121 of
these regulations.
/B Hook
and line may be used to take fish for bait.
/B
Baitfish may be taken without a permit for personal use only, with the
exception that only rainbow smelt, when lawfully taken, may be sold at any
time.
/B A
person may take, possess, transport, buy, and use as bait, only those species
of fish listed under section 4.2.
4.1 Commercial Bait Dealers -
Permitted Activities and Restrictions
/B Any
person who buys bait for resale or sells bait is required to obtain a
Commercial Bait Dealers Permit from the Commissioner.
/B
Persons shall not operate dip nets, cast nets, umbrella nets exceeding 51
square feet of mesh, or a seine net exceeding 100 feet in length for the
purposes of taking fish for bait without first obtaining a Permit from the
Commissioner.
/B Bait
netting is prohibited in all Closed Trout Waters unless otherwise provided for
on the Permit.
/B A
person may take, possess, transport, buy, sell, and use as bait, only those
species of fish listed under section 4.2.
4.2
Approved Species of Fish for use as Bait
Eastern
silvery minnow Hybognathus regius
Fathead
minnow Pimephales promelas
Bluntnose minnow Pimephales
notatus
Emerald
shiner Notropis atherinoides
Golden
shiner Notemigonus crysoleucas
Spottail shiner Notropis hudsonius
Common
shiner Luxilus cornutus
previous Notropis cornutus
Mimic
shiner Notropis volucellus
Creek
chub Semotilus atromaculatus
Fallfish
Semotilus corporalis
Blacknose dace Rhinichthys
atratulus
Longnose dace Rhinichthys
cataractae
Northern
redbelly dace Phoxinus eos
White
sucker Catostomus commersoni
Longnose sucker Catostomus
catostomus
/B Rainbow
smelt Osmerus mordax -
Rainbow smelt may only be taken by angling or by fishing through the ice, as
per Regulations 105 and 122.
/B
Yellow perch Perca flavescens
- Yellow perch, or parts thereof, may be used for bait only in those waters
where taken and shall not be transported alive from those waters.
/B All
other species of fish are prohibited for use as bait.
5.0 Application Proecess
A
person who wishes to obtain a Commercial Bait Dealers Permit shall apply to the
Commissioner in writing on a form provided by the Department. The Commissioner
or duly authorized agents may require the applicant to submit such additional
information as is necessary to determine that the permitted activities comply
with the purposes of this rule. The Commissioner or duly authorized agents
shall review the application and determine whether the application is complete
or deficient.
If the
application is deficient, the Commissioner or agents shall inform the applicant
of the deficiencies and return the application, along with any associated fee,
to the applicant for revision and re-submission. Once the application is
complete, the Commissioner or agents shall review the information supplied to
assess the impact of the proposed operation on
6.0 Permit Compliance
The Permittee shall make the permit available upon request by
an agent of the Department. Premises and equipment used by persons to take,
store, or deal in baitfish shall be accessible for inspection by the
Commissioner and his or her agents. Samples for species determination or
disease examination shall be made available.
Permittees shall provide the Department with
information as requested on an annual basis or prior to the re-issuance of a
new permit.
7.0 Permit Revocation
The
Commissioner may revoke any permit issued in order to protect regulated species
when there is a concern of a disease developing, for failure to comply with the
provisions of this rule, for failure to comply with other rules promulgated by
the Board or for failure to comply with the provisions of Part 4, Title 10, Vermont Statutes Annotated.
Upon
receipt of information alleging that a person permitted to deal commercially in
baitfish within the State of
The
Commissioner shall consider the matters submitted by the person and available
relevant evidence and determine, by clear and convincing evidence, whether the
person permitted under this rule has violated rules promulgated by the Board or
the provisions of Part 4 of Title 10 of the Vermont Statutes Annotated. The
Commissioner shall notify the person of the determination in writing. If the
Commissioner determines that the permit is to be revoked, the Commissioner
shall provide notice of when all baitfish currently possessed must be removed
by whatever means determined as the most practical and in the best public
interest. (1961, No. 119, § 2, eff. May 9, 1961;
amended 1976, Fish and Game Board Reg. No. 893, eff.
Jan. 1, 1977; 1978, Fish and Game Board Reg. No. 906, eff.
Oct. 21, 1978; 1983, Fish and Game Board Reg. No. 936, § 2, eff.
Jan. 1, 1983; 1987, Fish and Wildlife Board Reg. No. 967, eff.
March 26, 1987; 1998, Fish and Wildlife Board Reg. No. 967, eff.
Aug. 8, 1998; 2002, Fish and Wildlife Board Reg. 967, eff.
August 3, 2002.)
TITLE 10A
Conservation and Development
4 APPENDIX
CHAPTER 2. FISH
§ 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
(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
(E)
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 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
(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
(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
(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:
(a)
License number.
(b) A
description of the land or water to be utilized for propagation.
(c)
Information on whether the applicant is the owner or lessee of such lands or
waters. If the applicant is not the owner, list the owner's name and address.
(d) A
map of the property and waters indicating any ingress and egress to his/her
waters by public waters.
(e) A
map of existing and/or proposed fish rearing units, including water sources.
Unit type, volume, and available water supply (gallons per minute) should be
included.
(f)
Reason for propagating species: food fish or live sale (percent of each).
(g) The
complete name, common and scientific, of each fish species will be listed on
the application.
(h) A
copy of the latest annual fish health inspection report and the fish health
inspection reports of fish lots introduced to the station in the past year must
be included. (See Page 2, B through E.)
(i) The applicant shall sign the application.
(j) A
report shall be sent to the Department 30 days prior to the anniversary date of
initial issuance. The report shall have an annual accounting (since submission
of previous application) of all fish lots and/or eggs purchased or obtained,
from who purchased or obtained, number, kind, and size of fish and/or eggs. The
applicant shall sign the report. (Failure to comply will disqualify the permittee for issuance of a subsequent permit.)
(2)
Upon receipt of the application the Department shall, within 30 working days,
investigate and determine if the information on the application is correct and
approve or deny the application.
(B)
Issuance of Permit.
(1)
Breeders Licenses will not be issued for: Endangered Species or Injurious Fish.
(2) If
the permit application is denied, the applicant may appeal to the Commissioner
for a hearing pursuant to Title 3, Chapter 25 of Vermont Statutes Annotated.
(3)
Conditional permits may be issued, based on specifications and requirements set
forth by the Department.
(4) All
Breeders Licenses shall expire on the anniversary date of initial issuance.
Subsequent applications for a propagation permit will, if approved, receive the
same breeders permit number assigned in the past.
(6)
Marking-Invoices. All persons licensed to propagate fish pursuant to this part
shall provide an invoice and/or mark any box, carton, barrel, can, or other
type of container or wrapper containing any propagated fish with the following
information:
(a)
Name and address of propagator, supplier, or producer
(b)
License number
(c)
Species
(d)
Number and/or total weight. (1994, Fish and Wildlife Commissioner's Reg. No.
1004, eff.
TITLE 10
Conservation and Development
PART IV
Fish and Wildlife Conservation
CHAPTER 111. FISH
§ 4605. Placing fish in waters
(a) A
person shall not introduce or attempt to introduce pickerel or great northern
pike into any waters, or any fish, except trout or salmon, into public waters
frequented by trout or salmon.
(b) A
person shall not bring into the state for the purpose of planting or
introducing, or to plant or introduce, into any of the inland or outlying
waters of the state any live fish or the live spawn thereof, unless, upon
application in writing therefor, the person obtains
from the commissioner a permit so to do. Applicants shall pay a permit fee of
$50.00. The commissioner or duly authorized agents,
shall make such investigation and inspection of the fish as they may deem
necessary and then the importation permit may be granted pursuant to
regulations which the board shall prescribe. The commissioner or duly
authorized agents shall make a determination on the permit within 10 days of
receiving the application. The department may dispose of unlawfully imported
fish as it may judge best, and the state may collect damages from the violator
of this subsection for all expenses incurred.
(c)
Nothing in this section shall prohibit the board, the commissioner or their
duly authorized agents from bringing into the state for the purpose of
planting, introducing or stocking, or from planting, introducing or stocking
any fish in the state. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1981, No. 85, § 7; 1997, No. 155
(Adj. Sess.), § 44, eff. Jan.
1, 1999.)
TITLE 10
Conservation and Development
PART IV
Fish and Wildlife Conservation
CHAPTER 113. GAME
§ 4709. Importation, stocking wild animals
(a) A person
shall not bring into the state or possess any live wild bird or animal of any
kind, unless, upon application in writing therefor,
the person obtains from the commissioner a permit to do so. The importation
permit may be granted under such regulations therefor
as the board shall prescribe and only after the commissioner has made such
investigation and inspection of the birds or animals as she or he may deem
necessary. The department may dispose of unlawfully imported wildlife as it may
judge best, and the state may collect treble damages from the violator of this
subsection for all expenses incurred.
(b) Nothing in this section shall prohibit the commissioner or duly authorized agents of the fish and wildlife department from bringing into the state for