Threatened & Endangered Species Takings Permit

Threatened & Endangered Species Takings Permits may be issued by the Secretary of the Agency of Natural Resources for the "taking" of plants or animals listed as Threatened or Endangered in Vermont pursuant to 10 V.S.A. § 5408 and 10 V.S.A. App. § 10 after obtaining the advice of the Endangered Species Committee.

When May a Threatened & Endangered Species Permit Be Issued?

T&E Permits may be issued for the following purposes per 10 V.S.A. § 5408(a):

  • Scientific purposes;
  • To enhance the propagation or survival of a threatened or endangered species;
  • Zoological exhibition
  • Educational purposes;
  • Noncommercial cultural or ceremonial purposes;
  • Special purposes consistent with the purposes of the federal Endangered Species Act;
  • Incidental taking;

Who Can Apply For a Permit?

Applications may be submitted by anyone, including researchers, exhibitors, municipalities and private companies amongst others.

What is the Definition of "Take"?

The definition of "take" is very broad and includes everything from killing a plant or animal to transplanting a plant or any activity that could be construed as harrassing an animal.

Take is defined in 10 V.S.A. § 5401(18) of the Vermont statutes as:

(18) "Take" or "taking":

(A) With respect to wildlife designated a threatened or endangered species, means:

(i) pursuing, shooting, hunting, killing, capturing, trapping, harming, snaring, or netting wildlife;

(ii) an act that creates a risk of injury to wildlife, whether or not the injury occurs, including harassing, wounding, or placing, setting, drawing, or using any net or other device used to take animals; or

(iii) attempting to engage in or assisting another to engage in an act set forth under subdivision (i) or (ii) of this subdivision (18)(A).

(B) With respect to a wild plant designated a threatened or endangered species, means uprooting, transplanting, gathering seeds or fruit, cutting, injuring, harming, or killing or any attempt to do the same or assisting another who is doing or is attempting to do the same.

Permits in Public Comment Period

Barton Solar LLC  EH-2020-07

The Vermont Agency of Natural Resources has received an application from Barton Solar, LLC for a Threatened and Endangered Species Taking Permit for the incidental take of an endangered plant during operations and maintenance of its solar power generation facility in Barton.

The proposed project could take Marsh horsetail (Equisetum palustre) a species listed as Threatened under Vermont’s Threatened & Endangered Species rules.

The permit application and a draft Threatened & Endangered Species Takings Permit are available for review here:

How do I submit comments or questions on a permit application?

Comments or questions are welcome and may be submitted by email to
(recommended) or by regular mail (to the U.S. postal address listed below)

All comments must be received on or before 9am (EST), Friday, July 31, 2020.

Comments c/o
Permits Administrator
Vermont Fish & Wildlife Department
Commissioner's Office
1 National Life Building, Davis 2
Montpelier, Vermont 05620-3702

Public Hearing

No public hearings are currently scheduled.

Recent Permits

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Vermont Department of Fish & Wildlife
Commissioner Louis Porter

1 National Life Drive
Fish & Wildlife LogoDavis 2
Montpelier, VT 05620-3702

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The mission of the Vermont Fish & Wildlife Department is the conservation of all species of fish, wildlife, and plants and their habitats for the people of Vermont.