2011 Vermont Code
Title 10 Conservation and Development
Chapter 123 PROTECTION OF ENDANGERED SPECIES
§ 5402 Endangered and threatened species lists

§ 5402. Endangered and threatened species lists

(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.

(b) The secretary shall determine a species to be endangered if it normally occurs in the state and its continued existence as wildlife or a wild plant in the state is in jeopardy.

(c) The secretary shall determine a species to be threatened if its numbers are significantly declining because of loss of habitat or human disturbance and unless protected will become an endangered species.

(d) In determining whether a species is endangered or threatened, the secretary shall consider:

(1) the present or threatened destruction, modification or curtailment of the range or habitat of the species;

(2) over-utilization of the species for commercial, sporting, scientific, educational or other purposes;

(3) disease or predation affecting the species;

(4) the adequacy of existing regulation;

(5) actions relating to the species carried out or about to be carried out by any governmental agency or any other person who may affect the species; and

(6) other natural or man-made factors affecting the continued existence of the species.

(e) In determining whether a species is endangered or threatened, the secretary shall:

(1) use the best scientific, commercial and other data available;

(2) consult with interested state or federal agencies, other states having a common interest in the species, and any interested persons; and

(3) notify the governor of any state contiguous to Vermont in which the species affected is known to occur. (Added 1981, No. 188 (Adj. Sess.), { 2.)