Bill Summary – FastDemocracy

BILL AS INTRODUCED                                                           H.812
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                                        H.812
 Introduced by Representatives Satcowitz of Randolph, Berbeco of Winooski,
                 Bongartz of Manchester, Bos-Lun of Westminster, Cina of
                 Burlington, Clifford of Rutland City, Cole of Hartford, Dodge
                 of Essex, Farlice-Rubio of Barnet, Garofano of Essex, Headrick
                 of Burlington, Labor of Morgan, LaBounty of Lyndon, Logan
                 of Burlington, McGill of Bridport, Morris of Springfield, Ode
                 of Burlington, Patt of Worcester, Roberts of Halifax, Sheldon of
                 Middlebury, Sibilia of Dover, Smith of Derby, Stebbins of
                 Burlington, and Torre of Moretown
 Referred to Committee on
 Date:
 Subject: Conservation and development; protection of endangered species;
          sale; taking; critical habitat listing
 Statement of purpose of bill as introduced: This bill proposes amendments to
 multiple provisions of State law related to the management of threatened and
 endangered species. The bill would require the Secretary of Natural Resources
 to revise the State list of threatened and endangered species every three years.
 The bill also would require the Secretary of Natural Resources to list critical
 habitat for each threatened or endangered species. In addition, the bill would
 prohibit the sale, offer for sale, transport, or import of a threatened or
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 endangered species within the State. The bill would allow the authorized
 taking of a threatened or endangered species only to enhance the propagation
 or survival of a threatened or endangered species. The bill also would require
 the Secretary of Natural Resources to adopt by rule practices that a person
 engaged in farming, forestry operations, or accepted silvicultural practices may
 implement to avoid or minimize the taking of a threatened or endangered
 species or that encourage critical habitat for threatened or endangered species.
    An act relating to threatened and endangered species
 It is hereby enacted by the General Assembly of the State of Vermont:
 Sec. 1. 10 V.S.A. § 5402(a) is amended to read:
    (a) The Secretary shall adopt by rule a State endangered species list and a
 State threatened species list. The listing for any species may apply to the
 whole State or to any part of the State and shall identify the species by its most
 recently accepted genus and species names and, if available, the common
 name. The Secretary shall revise the list, by rule, at least every three years.
 Sec. 2. 10 V.S.A. § 5402a is amended to read:
 § 5402a. CRITICAL HABITAT; LISTING
    (a) Except as provided for under subsection (f) of this section, the Secretary
 may, after the consultation required under subsection 5408(e) of this section,
 shall adopt or amend by rule a critical habitat designation list for each VT LEG #372837 v.1
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 threatened or endangered species. Critical habitat may be designated in any
 part of the State. The Secretary shall not be required to designate critical
 habitat for every State-listed threatened or endangered species. When the
 Secretary designates critical habitat, the Secretary shall identify the species for
 which the designation is made, including its most recently accepted genus and
 species names and, if available, its common name.
    (b) The Secretary shall designate only critical habitat that meets the
 definition of “critical habitat” under this chapter. In determining whether and
 where to designate critical habitat for a State-listed threatened or endangered
 species, the Secretary shall, after consultation with and consideration of
 recommendations of the Secretary of Agriculture, Food and Markets, the
 Secretary of Transportation, the Secretary of Commerce and Community
 Development, and the Commissioner of Forests, Parks and Recreation,
 consider the following:
       (1) the current or historic use of the habitat by the listed species;
       (2) the extent to which the habitat is decisive to the survival and
 recovery of the listed species at any stage of its life cycle;
       (3) the space necessary for individual and population growth of the
 listed species;
       (4) food, water, air, light, minerals, or other nutritional or physiological
 requirements of the listed species;
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       (5) cover or shelter for the listed species;
       (6) sites for breeding, reproduction, rearing of offspring, germination, or
 seed dispersal; migration corridors; and overwintering;
       (7) the present or threatened destruction, degradation, fragmentation,
 modification, or curtailment of the range or habitat of the listed species;
       (8) the adequacy of existing regulation;
       (9) actions relating to the listed species carried out or about to be carried
 out by any governmental agency or any other person that may affect the listed
 species;
       (10) cumulative impacts; and
       (11) natural or human-made factors affecting the continued existence of
 the listed species.
    (c) In determining whether where to designate critical habitat for a State-
 listed threatened or endangered species, the Secretary shall:
       (1) use the best scientific, commercial, and other data available;
       (2) notify and consult with appropriate officials in Canada, appropriate
 State and federal agencies, other states having a common interest in the
 species, affected landowners, any municipality where the a proposed
 designation is located, and any interested persons at least 60 days prior to
 commencement of rulemaking;
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       (3) notify the appropriate officials and agencies of Quebec and any state
 contiguous to Vermont in which the species affected is known to occur; and
       (4) if a critical habitat designation is proposed in a growth center, new
 town center, or neighborhood development area designated under 24 V.S.A.
 chapter 76A, notify the Secretary of Commerce and Community Development
 and any municipality in which the designation is proposed.
    (d) Prior to initiating rulemaking under this section to designate critical
 habitat, the Secretary shall notify the owner of record of any land on which
 critical habitat is proposed for designation. The Secretary shall make all
 reasonable efforts to work cooperatively with affected landowners.
    (e) Where appropriate, the Secretary shall include well-established
 mitigation practices and best management practices in the critical habitat
 designation rule.
    (f) The Secretary shall not designate critical habitat in a designated
 downtown or village center, designated under 24 V.S.A. chapter 76A.
 Sec. 3. 10 V.S.A. § 5403(a) is amended to read:
    (a) Except as authorized under this chapter, a person shall not:
       (1) take, possess, or transport wildlife or wild plants that are members of
 a threatened or endangered species; or
       (2) destroy or adversely impact critical habitat;
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     BILL AS INTRODUCED                                                         H.812
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       (3) sell or offer for sale in intrastate commerce a threatened or
 endangered species;
       (4) deliver, receive, carry, transport, or ship a threatened or endangered
 species in intrastate commerce; or
       (5) import a threatened or endangered species into or export a threatened
 or endangered species from Vermont.
 Sec. 4. 10 V.S.A. § 5408 is amended to read:
 § 5408. AUTHORIZED TAKINGS; INCIDENTAL TAKINGS;
            DESTRUCTION OF CRITICAL HABITAT
    (a) Authorized taking. Notwithstanding any provision of this chapter, after
 obtaining the advice of the Endangered Species Committee, the Secretary may
 permit, under such terms and conditions as the Secretary may require as
 necessary to carry out the purposes of this chapter, the taking of a threatened or
 endangered species, the destruction of or adverse impact on critical habitat, or
 any act otherwise prohibited by this chapter if done for any of the following
 purposes: in order
       (1) scientific purposes;
       (2) to enhance the propagation or survival of a threatened or endangered
 species;
       (3) zoological exhibition;
       (4) educational purposes;
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       (5) noncommercial cultural or ceremonial purposes; or
       (6) special purposes consistent with the purposes of the federal
 Endangered Species Act.
    (b) Incidental taking. After obtaining the advice of the Endangered Species
 Committee, the Secretary may permit, under such terms and conditions as
 necessary to carry out the purposes of this chapter, the incidental taking of a
 threatened or endangered species or the destruction of or adverse impact on
 critical habitat if:
       (1) the taking is necessary to conduct an otherwise lawful activity;
       (2) the taking is attendant or secondary to, and not the purpose of, the
 lawful activity;
       (3) the impact of the permitted incidental take is minimized; and
       (4) the incidental taking will not impair the conservation or recovery of
 any endangered species or threatened species.
    (c) Transport through State. Nothing in this chapter shall prevent a person
 who holds a proper permit from the federal government or any other state from
 transporting a member of a threatened or endangered species from a point
 outside this State through the State.
    (d) Possession. Nothing in this chapter shall prevent a person from
 possessing in this State wildlife or wild plants that are not determined to be
 “endangered” or “threatened” under the federal Endangered Species Act where VT LEG #372837 v.1
     BILL AS INTRODUCED                                                           H.812
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 the possessor is able to produce substantial evidence that the wildlife or wild
 plant was first taken or obtained in a place without violating the law of that
 place, provided that an importation permit may be required under section 4714
 of this title or the rules of the Department of Fish and Wildlife.
    (e) Interference with agricultural Agricultural or silvicultural practices. No
 rule adopted under this chapter shall cause undue interference with farming,
 forestry operations, or accepted silvicultural practices. The Secretary, after
 consultation with the Secretary of Agriculture, Food and Markets, shall
 develop by rule practices that a person engaged in farming, forestry operations,
 or accepted silvicultural practices may implement to avoid or minimize the
 taking of a threatened or endangered species and that encourage critical habitat
 for threatened or endangered species. This section shall not be construed to
 exempt any person from the provisions of the requirements of this chapter,
 provided that if a taking of an endangered species occurs during the course of a
 farming or forestry operation, a person complying with the practices adopted
 by the Secretary under this section shall be afforded a rebuttable presumption
 that they did not cause the taking. The Secretary shall not adopt rules that
 affect farming, forestry operations, or accepted silvicultural practices without
 first consulting the Secretary of Agriculture, Food and Markets and the
 Commissioner of Forests, Parks and Recreation.
                                        ***
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     BILL AS INTRODUCED                                                           H.812
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    (l) General permits.
       (1) The Secretary may issue general permits for activities that will not
 affect the continued survival or recovery of a threatened or endangered species.
                                         ***
       (4) The Secretary may issue a general permit to take a threatened or
 endangered species or destroy or adversely impact critical habitat only if an
 activity or class of activities satisfies one or more of the following criteria:
          (A) the taking of a threatened or endangered species or the
 destruction of or adverse impact on critical habitat is necessary to address an
 imminent risk to human health; or
          (B) a proposed taking of a threatened or endangered species or the
 destruction of or adverse impact on critical habitat would enhance the overall
 long-term survival of the species; or
          (C) the Secretary has approved best management practices that are
 designed, when applied, to minimize to the greatest extent possible the taking
 of a threatened or endangered species or the destruction of or adverse impact
 on critical habitat.
                                         ***
 Sec. 5. EFFECTIVE DATE
    This act shall take effect on July 1, 2024.
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Statutes affected: 
As Introduced: 10-5402(a), 10-5402, 10-5402a, 10-5403(a), 10-5403, 10-5408