The state's population density is 59 people per square mile. The overall risk to ecosystems is moderate. Population density has increased 10 percent since 1982. The amount of development increased 25 percent between 1982 and 1992. Ninety-seven percent of pine-oak-heath sand plain woods in the Lake Champlain basin has been lost to development. Almost all of the lake sand beach in Vermont has been destroyed. The state has 7 federally listed threatened and endangered species.
Biological Diversity Policy
Vermont does not have a formal biodiversity policy. The Agency of Natural Resources established a Biodiversity Committee to develop a policy, but it will not be completed due to a lack of time and resources. The state has related statutory policies, however. For example, one policy of the state is to conserve, develop, and use natural resources. (Vt. Stat. Ann. tit. 10, 701) Another policy is to conserve forests, timberlands, woodlands, soil, and recreational resources in order to preserve natural beauty and protect wildlife. (Vt. Stat. Ann. tit. 10,1192) Finally, it is state policy to protect, control, manage and conserve fish, wildlife, and furbearing animals. (Vt. Stat. Ann. tit. 10, 4081)
Status of Biodiversity Science
Vermont does not have a coordinated assessment system in place. Instead, the state utilizes its Natural Heritage database, GAP and other specific maps. GAP was started in 1992. The layers of the project are land cover, species, public lands, and private conservation lands. In addition, the state has significant habitat maps for both deer and bears, showing winter ranges and frequency of activity. The state also has a register of fragile areas.
Endangered Species
Vermont has an endangered species law that protects animals and plants. (Vt. Stat. Ann. tit. 10,5402 et seq.) Listings are based on scientific, commercial and other data. The law does not require recovery plans, although the state is working on plans for some state-listed species. Critical habitat designation and agency consultation are not required. Penaltics for violations range from $500 to $1,000.
State Agency Management for Biodiversity
State-owned Lands
No requirements to manage state lands in a biologically sustainable manner currently exist. However, the Biodiversity Committee is working on guidelines for managing state lands to promote biodiversity. The guidelines will also be available to private landowners, but have not been completed.
Cooperative Efforts
Few cooperative management efforts exist. One example, however, involves the Fish and Wildlife Department which makes recommendations to municipalities for rare species and natural communities on state land.
State Agency Training
Vermont has some agency personnel training for biodiversity. The Fish and Wildlife Department ran a biodiversity training workshop in 1995, and will hold future trainings for specific groups on select biodiversity topics. In addition, one mission of the Biodiversity Committee is to educate agency employees.
Impact Assessment
Vermont does not have a "little NEPA." However, all state agencies must comply with the state's Land Use and Development Law, (Act 250) which examines the impacts of development projects on wildlife habitat, endangered species, wetlands and shorelines. (Vt. Stat. Ann. tit. 10, 6007) Mitigation of impacts is rarely required. Finally, the Agency of Natural Resources has prepared a draft Conservation Strategy that will serve as an umbrella policy for regulations having a mitigation component.
Habitat Acquisition
Vermont has an umbrella land acquisition program that acquires land for purposes such as wildlife enhancement. (Vt. Stat. Ann. tit. 10, 422) A Land Acquisition Review Committee reviews all land to be donated or purchased and uses established criteria for ranking. Funding comes from the Vermont Housing and Conservation Board, which distributes state funds for land conservation measures. Primarily, the funding comes from legislative appropriations, although property transfer taxes and fedcral sources also contribute. Funding for 1994 was approximately $1.2 million.
Private Land Conservation
Vermont has some private land conservation programs. The Coverts Program, run by the Cooperative Extension Service, is a wildlife habitat improvement program for forestland owners. In addition conservation easements are authorized by statute. (Vt. Stat. Ann. tit. 10, 822) A Current Use Program provides tax rebates to qualifying forest and farmland owners.
Exotic Species
Vermont's provisions to control exotic species are limited in scope. (Vt. Stat. Ann. tit. 10, 4709) Under the law, the introduction of exotic species of animals or birds is prohibited without a permit. Civil penalties include fines up to $10,000, while criminal penalties include fines up to $25,000 and six months in jail. Plants are not covered by the law, although noxious weeds are regulated scparately by statute. (Vt. Stat. Ann. tit. 30, 1536)
The state is currently experimenting with exotic insects as biological controls. The state is also currently experiencing problems with thc zebra mussel, an exotic animal that is destroying native species of mussels.
Predator or Animal Damage Control Activities
Vermont has an animal damage control program that is operated cooperatively with the federal government. Although day-to-day operations are managed by the federal agency, there is a cooperative agreement with the state to manage bear, deer, game and other nuisance wildlife. In addition, some furbearing animals may be killed if they are damaging property or crops. (Vt. Stat. Ann. tit. 10, 4826 et seq.) A bill currently in committee in the state legislature would prohibit the possession and use of steel jaw leghold traps, except to control nuisance animals.
Additional Legal Protections for Biodiversity
No constitutional or common law protections were identified bv the research.
Related Issues
Vermont does not have identified programs of public education for biodiversity, although the state participates in Project WILD and published a wildlife viewing guide in 1994. In addition, the Fish and Wildlife Dcpartment runs week-long environmental education camps for teachers.
Vermont does not currently have a takings law, although four takings bills introduced into the 1995 legislative session will be carried over to thc 1996 session.
Contacts:
Agency of Natural Resources
103 S. Main St.
Waterbury, VT 05671
802-241-3600
Department of Agriculture
Food and Markets
116 Statc St.
Drawer 20
Montpelier, VT 05620-2901
802-828-2500
Vermont ADC State Director
Whitebridge
91A North State Street
Concord, NH 03301-4334
603-225-1416
New Mexico Center for Wildlife Law
University of New Mexico School of Law
1117 Stanford NE, Albuquerque, NM 87131
(505) 277-5006
lprovenc@unm.edu