Vermont § 5403 - Protection of endangered and threatened species

§ 5403. Protection of endangered and threatened species

• (a) Except as authorized under this chapter, a person shall not: (1) take, possess, or transport wildlife or wild plants that are members of a threatened
  or endangered species; (2) destroy or adversely impact critical habitat; (3) sell or offer for sale in intrastate commerce a threatened or endangered species; (4) deliver, receive, carry, transport, or ship a threatened or endangered species in
  intrastate commerce; or (5) import a threatened or endangered species into or export a threatened or endangered
  species from Vermont. (b) Any person who takes a threatened or endangered species shall report the taking to
  the Secretary. (c) The Secretary may, with advice of the Endangered Species Committee and after the consultation
  required under subsection 5408(e) of this section, adopt rules for the protection,
  conservation, or recovery of endangered and threatened species. The rules may establish
  application requirements for an individual permit or general permits issued under
  this section, including requirements that differ from the requirements of subsection 5408(h) of this title. (d) The Secretary may bring an environmental enforcement action against any person who
  violates subsection (a) or (b) of this section or rules adopted under this chapter
  in accordance with chapters 201 and 211 of this title. (e) Instead of bringing an environmental enforcement action for a violation of this chapter
  or rules adopted under this chapter, the Secretary may refer violations of this chapter
  to the Commissioner of Fish and Wildlife for criminal enforcement. (f) In a criminal enforcement action, a person who knowingly violates a requirement of
  this chapter or a rule of the Secretary adopted under subsection (c) of this section
  related to taking, possessing, transporting, buying, or selling a threatened or endangered
  species shall be fined in accordance with section 4518 of this title, and the person shall pay restitution under section 4514 of this title. (g) Any person who violates subsection (a) or (b) of this section by knowingly injuring
  a member of a threatened or endangered species or knowingly destroying or adversely
  impacting critical habitat and who is subject to criminal prosecution may be required
  by the court to pay restitution for: (1) actual costs and related expenses incurred in treating and caring for the injured
  plant or animal to the person incurring these expenses, including the costs of veterinarian
  services and Agency of Natural Resources staff time; or (2) reasonable mitigation and restoration costs such as species restoration plans; habitat
  protection; and enhancement, transplanting, cultivation, and propagation. (Added 1981, No. 188 (Adj. Sess.), § 2; amended 1985, No. 192 (Adj. Sess.), § 2; 1987, No. 216 (Adj. Sess.); 2015, No. 61, § 8, eff. June 17, 2015; 2015, No. 145 (Adj. Sess.), § 22; 2025, No. 47, § 16, eff. July 1, 2025.)