12-038 Code Vt. R. 12-010-038-X - FISHING ACCESS AREA RULE (641)
Section 1.0 Authority
1.1 This rule is adopted pursuant to
10 V.S.A. §
4145(a) which authorizes the
board to make rules to "regulate the use by the public of access areas, landing
areas, parking areas or of other lands or waters acquired or maintained
pursuant to
10
V.S.A. §
4144."
1.2 This rule applies to use of state
controlled fishing access areas and to persons, businesses, or entities that
use the fishing access areas.
Section
2.0 Purpose
The purpose of this rule is to:
2.1 Ensure current and future uses are
orderly, sustainable, and in accordance with state and federal statutes and
guidelines.
2.2 Manage conflict
between users by clarifying authorized and prohibited activities and ensuring
users share in the burdens and benefits of use.
2.3 Protect the fishing access areas for
statutorily approved uses.
Section
3.0 Definitions
3.1 Commercial
Activity is any activity or service that produces income to any entity or
individual.
3.2 Non-Profit
Charitable Organization means an entity organized and operated exclusively for
exempt purposes set forth in section
501(c)(3)
of the Internal Revenue Code.
3.3
Picnicking includes but is not limited to any activity that involves, cooking,
grilling, food preparation and set-up associated with eating (including setting
blankets or table clothes laid on the ground).
3.4 Camping includes any activity using a
tent, camper, or motor home, any activity involving preparation of an area for
sleeping or, any overnight sleeping.
3.5 Group use is use actually or potentially
involving 10 or more people or 2 or more vehicles at a time.
3.6 Parking is the leaving of motor vehicles
or trailers unattended in an access area.
3.7 Motor vehicles are all vehicles propelled
or drawn by power other than muscle power.
3.8 Vessel means motor boats, boats, kayaks,
canoes and sail boats.
Section
4.0 Authorized Activities
The following are authorized activities in order of priority:
4.1 Angling, ice fishing and
the launching of any vessel to be used for fishing and parking of vehicles and
trailers necessary for and contemporaneous with these purposes.
4.2 The launching of inboard and outboard
motorboats engaging in any activity and parking of vehicles and trailers
necessary for and contemporaneous with that purpose.
4.3 Trapping, hunting and parking of vehicles
and boat trailers necessary for and contemporaneous with that
purpose.
4.4 Launching of all
non-motorized vessels not used for commercial purposes and parking of vehicles
and boat trailers necessary for and contemporaneous with that purpose. Users
shall launch from the designated non-motorized launch site, when such a site is
identified.
4.5 ATV's and
snowmobiles when being used solely for the purposes of ice fishing.
4.6 Permitted special uses.
Section 5.0 Prohibited Activities
5.1 Discarding of bottles, glass, cans,
paper, junk, litter, food, or any other garbage or trash.
5.2 Discarding of dead fish, wildlife or
portions thereof.
5.3 Washing or
cleaning of vehicles and equipment other than for the purpose of removing
aquatic plants and organisms.
5.4
Washing or cleaning of fish or wildlife.
5.5 Camping.
5.6 Picnicking.
5.7 Making or maintaining fire of any
kind.
5.8 Water skiing.
5.9 Swimming.
5.10 Use of snowmobiles and ATV's, except for
those being utilized solely for the purpose of ice fishing.
5.11 Parking of vehicles and/or trailers
while the vehicle owner or user is not present at the access area or on the
adjacent public waters except as otherwise permitted by the
commissioner.
5.12 Storage of
vehicles and/or trailers or placing of vehicles or trailers for sale.
5.13 Withdrawal of water except as authorized
under paragraph 6.0.
5.14 Parking
in excess of 72 consecutive hours except that the commissioner may issue
permits for longer parking when the commissioner determines that there will be
no adverse impact on authorized uses found in 4.0 above.
5.15 Commercial activity except as authorized
by paragraph 7.0 and 8.2 below.
5.16 Activity that interferes with a priority
use, such as, but not limited to the mooring or beaching of boats, using the
ramp to rig a boat or boats thus obstructing use of the ramp, and the storing
of boats or trailers at an access area.
5.17 Group use not specifically authorized by
the Commissioner.
5.18 Launching
and recovery of sailboards, rafts, snow kites, and the parking of vehicles and
trailers supporting these activities.
5.19 All other activity that is not
specifically permitted by this rule unless specifically authorized by the
commissioner.
Section 6.0
Authorized Users
6.1 Any person who is engaged
in any authorized activity.
6.2 Any
group that has received approval for group use in accordance with this
rule.
6.3 Fire departments that
have executed a Memorandum of Agreement (MOA) with the commissioner for the
installation and use of a dry hydrant. And then, only in accordance with their
MOA. Fire departments may also use Access Areas without dry hydrants as
emergency water sources to fight fires and will notify the local warden as soon
as practicably possible.
6.4
Individuals participating in a fishing tournament permitted under
10 V.S.A. §
4613.
Section 7.0 Limited Commercial Activity
7.1 Commercial activity at fishing access
areas is limited to entities and persons taking part in activities authorized
by 4.1, 4.2 and 4.3 above.
Section
8.0 Special Permits
8.1 The
commissioner may authorize special permits for entities or persons to use an
access area for group use when the commissioner determines that there will be
no adverse impact on authorized priority uses.
8.2 The Commissioner may authorize the use of
access areas by an educational institution or a nonprofit charitable
organization conducting a fundraising event of limited duration, provided that
the event will not conflict with a priority use of the access area.
8.3 Special permits shall not be issued and
may be revoked immediately for activities that substantially interfere with
authorized uses.
8.4 Permit fees
shall be in accordance with the schedule of fees established under
10 V.S.A. §
4132(e).
Section 9.0 Speed Limit
9.1 The maximum speed on access areas shall
be 15 miles per hour.
Notes
EFFECTIVE DATE: May 1, 1962
AMENDED: June 5, 1987 Secretary of State Rule Log #87-25; September 1, 2006 Secretary of State Rule Log #06-024; May 18, 2010 Secretary of State Rule Log #10-019 (10 V.S.A. APP. § 115 )
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