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.
- T&E Taking Permit application form (MS Word)
- T&E Takings Permit application form for Bat Surveys & Research (MS Word)
This document includes eligibility requirements as well guidelines and procedures to conduct bat surveys and research.
- Frequently Asked Questions regarding T&E permits and fees.
- Guidelines for Scientific Research on Rare, Threatened or Endangered Plants in Vermont
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:
- Application Barton Solar Horsetail EH-2020-07 (Public Review)
- Permit Barton Solar Horsetail EH-2020-07 (Draft-Public Review)
How do I submit comments or questions on a permit application?
Comments or questions are welcome and may be submitted by email to ANR.EndangeredPermit@vermont.gov
(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.
Vermont Fish & Wildlife Department
1 National Life Building, Davis 2
Montpelier, Vermont 05620-3702
No public hearings are currently scheduled.
- VELCO Houghtons Sedge Permit EH-2020-10 (Issued)
- Powell-GMP Kingdom Wind Ops Permit EH-2020-06 (Issued)
- VTrans I-91 Fairlee Ledge Removal Permit EH-2019-35 (issued)