Endangered Species - Definitions - Vermont

As used in this chapter:

...(2) “Agency” means the Agency of Natural Resources.

(3) “Conserve,” “conserving,” and “conservation” mean to use and the use of all methods and procedures for maintaining or increasing:

(A) the number of individuals within a population of a species;

(B) the number of populations of a species; and

(C) populations of wildlife or wild plants to the optimum carrying capacity of the habitat.

(4) “Critical habitat” for a threatened species or endangered species means:

(A) a delineated location within the geographical area occupied by the species that:

(i) has the physical or biological features that are identifiable, concentrated, and decisive to the survival of a population of the species; and

(ii) is necessary for the conservation or recovery of the species; and

(iii) may require special management considerations or protection; or

(B) a delineated location outside the geographical area occupied by a species at the time it is listed under section 5402 of this title that:

(i)

(I) was historically occupied by a species; or

(II) contains habitat that is hydrologically connected or directly adjacent to occupied habitat; and

(ii) contains habitat that is identifiable, concentrated, and decisive to the continued survival of a population of the species; and

(iii) is necessary for the conservation or recovery of the species.

(5) “Destroy or adversely impact” means, with respect to critical habitat, a direct or indirect activity that negatively affects the value of critical habitat for the survival, conservation, or recovery of a listed threatened or endangered species.

(6) “Endangered species” means a species listed as endangered under this chapter or under the federal Endangered Species Act.

(7) “Endangered Species Act” and “federal Endangered Species Act” means the Endangered Species Act of 1973, Public Law 93-205, as amended...

(14) “Plant” means any member of the plant kingdom, including seeds, roots, and other parts thereof. As used in this chapter, plants shall include fungi.

(15) “Possession” means holding, controlling, exporting, importing, processing, selling, offering to sell, delivering, carrying, transporting, or shipping by any means a member of a species.

(16) “Secretary” means the Secretary of Natural Resources.

(17) “Species” means wildlife or wild plants and any subspecies or other group of wildlife or wild plants of the same species, the members of which may interbreed when mature...

(19) “Threatened species” means a species listed as a threatened species under this chapter or determined to be a “threatened species” under the federal Endangered Species Act.

(20) “Wildlife” means any member of a nondomesticated species of the animal kingdom, whether reared in captivity or not, including, without limitation, any mammal, fish, bird, amphibian, reptile, mollusk, crustacean, arthropod, or other invertebrate, and also including any part, product, egg, offspring, dead body, or part of the dead body of any such wildlife.

Citation: 10 V.S.A. § 5401.

3.0 Definitions.

3.1 "Endangered Species" means those species whose continued existence as viable components of the state's wild flora or fauna is determined to be in jeopardy or determined to be an "endangered species" under the federal Endangered Species Act.

3.2 "Listed Species" means any species that appears on the List in Section 5.0 of this rule, or has been determined to be threatened or endangered by other relevant law.

3.3 "Secretary" means the Secretary of the Agency of Natural Resources except where otherwise specified...

3.5 "Threatened Species" means those species that are likely within the foreseeable future to become Endangered.

Citation: Vt. Admin. Code 16-4-100:3.0.