Bill would require more updates to endangered species list, restrict taking species from habitats.

By Brooke Burns

Caribou, elk, catamounts once all roamed Vermont before disappearing over the last 200 years. And experts predict many more creatures to follow suit: Vermont is set to lose 6% of its species, or 368, by 2100, says the Vermont Center for Ecostudies. 

A new House bill aims to stem the tide by firming up species tracking and further restricting the sale or removal of species from their habitats in Vermont. 

H.812 was introduced by Rep. Larry Satcowitz, D-Randolph, in a House Committee on Environment and Energy meeting Jan. 16. He feels current rules and regulations for the protection of endangered species in Vermont are not enough. 

“Given the worldwide biodiversity crisis, it seemed like it might be a nice time to look at our endangered species statutes,” said Satcowitz in the meeting. “And so after a not very deep dive into the statutes, I found a handful of items which I thought could be updated.” 

The bill is four-pronged: It seeks to update the state endangered species list more frequently, establish critical habitat spaces, prohibit the sale of species and curtail rules that allow endangered animals to be taken from the land. 

Current state law gives no guidelines for when the endangered species list needs to be updated — the bill would require officials to revise it at least once every three years. Existing statute also does not require the secretary of natural resources to designate critical habitat for endangered species. H.812 would require that. 

Critical habitat is land that is occupied by a species that has physical or biological features that are crucial to the survival and conservation of the population, which may require special protection.

Legislative counsel Michael O’Grady emphasized in the meeting that not all land inhabited by a species will be designated and protected — only the areas that meet the definition. 

Only “areas that are necessary for their survival will be designated,” O’Grady said.

That section of the bill would align with research on the state’s conservation approach. The Vermont Center for Ecostudies published a report last June finding current conservation areas inadequate for the protection of some of Vermont’s most at-risk species. 

The report also identifies populated areas, such as the Lake Champlain Basin, that may be critical in maintaining biodiversity in the state. Those areas could be designated as critical habitats if the bill passes.

The last part of the bill outlines new terms for the taking of endangered species from their habitat.

“Taking means many things,” said O’Grady. “It means to kill it. But it also means to capture it, to keep it and to study it. And so right now, you can take that animal for scientific purposes, to enhance the propagation or survival of a species, for zoological exhibition, for educational purposes, for noncommercial, cultural or ceremonial purposes or for special purposes consistent with the purposes of the federal Endangered Species Act.”

H.812 would limit authorized takings to ones meant to promote the enhancement, survival, or propagation of the species, though O’Grady advised legislators that they could also give privileges to state-recognized Indigenous tribes, whose ceremonial uses are not allowed by the federal law. 

“The tribes in Vermont are not all federally recognized,” O’Grady said. “So if you want to allow those tribes to use certain feathers and other parts for their ceremonies, then you might want to think about clarifying that provision.”

Vermont’s efforts to protect endangered species have not been unsuccessful. In 2022, the bald eagle was taken off the state endangered species list after over a decade of conservation work, according to the Vermont Department of Fish and Wildlife. They follow Ospreys, Loons, and Peregrine falcons, who were removed from the list in 2005.   

The bill is already popular with other members of the House energy and environment committee — every single member has signed on to co-sponsor. If passed, it will go into effect July 1.

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