2012 Vermont Statutes
Title 10 Conservation and Development
Chapter 123 PROTECTION OF ENDANGERED SPECIES
§ 5408 Limitations

§ 5408. Limitations

(a) 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 prescribe by rule, any act otherwise prohibited by this chapter if done for any of the following purposes: scientific purposes; to enhance the propagation or survival of a species; economic hardship; zoological exhibition; educational purposes; or special purposes consistent with the purposes of the federal Endangered Species Act.

(b) 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 an endangered or threatened species from a point outside this state to another point within or without this state.

(c) Nothing in this chapter shall prevent a person from possessing in this state wildlife or wild plants which are not determined to be "endangered" or "threatened" under the federal Endangered Species Act where 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.

(d) No rule adopted under this chapter shall cause undue interference with normal agricultural or silvicultural practices. This section shall not be construed to exempt any person from the provisions of the federal Endangered Species Act.

(e) Nothing in this section permits a person to violate any provision of federal law concerning federally protected endangered species.

(f)(1) Fees to be charged to a person applying to take a threatened or endangered species under this section shall be:

(A) To take for scientific purposes, to enhance the propagation or survival of the species, or for educational purposes or special purposes consistent with the federal Endangered Species Act, $50.00.

(B) To take for a zoological or botanical exhibition or to lessen an economic hardship, $250.00 for each listed animal or plant taken up to a maximum of $25,000.00 or, if the secretary determines that it is in the best interest of the species, the parties may agree to mitigation in lieu of a monetary fee.

(2) Fees or mitigation payments collected under this subsection shall be deposited in the threatened and endangered species fund within the fish and wildlife fund, which fund is hereby created. Expenditures may be made for monitoring, restoration, conservation, and the acquisition of property interests and other purposes consistent with this chapter. Where practical, the fees collected for takings shall be devoted to the conservation of the taken species or its habitat. Interest accrued on the fund shall be credited to the fund. (Added 1981, No. 188 (Adj. Sess.), § 2; amended 1985, No. 192 (Adj. Sess.), §§ 3, 4; 2003, No. 163 (Adj. Sess.), § 17; 2011, No. 128 (Adj. Sess.), § 35.)