Vermont § 1456 - Aquatic species rapid response general permits

§ 1456. Aquatic species rapid response general permits

• (a) Notwithstanding the requirements of section 1455 of this title, the Secretary may issue an aquatic species rapid response general permit under this
  section for a term not to exceed ten years for the control of a nonindigenous new
  aquatic species. This general permit shall identify the control technique, including
  the use of biological controls, pesticides, and any other control techniques for the
  nonindigenous new aquatic species for which coverage may be sought under the permit. (b) Applications for coverage under this general permit shall be limited to the Commissioner
  of Environmental Conservation and the Commissioner of Fish and Wildlife. The application
  shall state the grounds for declaring an emergency situation as defined in subsection
  (f) of this section. The application shall identify the nonindigenous new aquatic
  species and control techniques selected to respond to the emergency. (c) When an application is filed under this section, the Secretary shall proceed in accordance
  with chapter 170 of this title. (d) The Secretary may issue an authorization under an aquatic species rapid response general
  permit only when the Secretary finds: (1) that an emergency exists; and (2) that the proposed control technique meets the requirements of the general permit and
  is acceptable when considering the emergency situation. (e) Authorization to act under the terms of a general permit issued under this section
  shall not exceed three years. (f) Prior to determining that a nonindigenous new aquatic species emergency exists, the
  Secretary shall consider the following factors: (1) the likelihood that the nonindigenous new aquatic species will cause harm to human
  health, safety, or the environment; (2) the likelihood that the nonindigenous new aquatic species will cause significant harm
  to the economy; (3) the magnitude of the potential adverse impact of the nonindigenous new aquatic species
  upon public health, safety, the environment, native biodiversity, water bodies, outdoor
  recreation, or any other use of the State’s water resources; (4) the likelihood that the nonindigenous new aquatic species would naturalize in the
  State if not immediately controlled; (5) the rate at which the invasion would spread throughout the State; and (6) the difficulty to control the spread of the nonindigenous new aquatic species in the
  State. (Added 2009, No. 46, § 1, eff. July 1, 2010; amended 2015, No. 150 (Adj. Sess.), § 22, eff. Jan. 1, 2018.)