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The Vermont Statutes Online
Title
03APPENDIX
:
Executive Orders
Chapter
010
:
CONSERVATION AND DEVELOPMENT
§
EO10-29. (No. 12-02) [West Mountain Wildlife Management Area
WHEREAS, in
1999, pursuant to Sec. 87a of No. 1 of the Acts of 1999, the State of Vermont
participated in the purchase of approximately 133,000 acres of land in
Vermont's Northeast Kingdom; and
WHEREAS, the
appropriation of $4,500,000 was to be "used to purchase and ensure that
the lands commonly referred to as the Champion lands in northeastern Vermont
are conserved as a working forest for the sustainable production of wood
products, for natural resources, including the maintenance of wildlife habitat
and conservation of identified natural heritage sites, and for perpetual public
access for traditional recreational uses"; and
WHEREAS, the
former Champion lands now consist of approximately 84,000 acres of working
forest, subject to both a working forest and a public access easement owned by
the State of Vermont and the Vermont Land Trust to ensure that the land is
perpetually managed for the sustainable growth and harvesting of timber and is
perpetually open for public access; approximately 22,500 acres of state-owned
land, the West Mountain Wildlife Management Area, conserved for perpetual
public access and its fish, wildlife and ecological values; as well as
approximately 26,500 acres of land held by the United States Fish and Wildlife
Service as a Silvio Conti National Fish & Wildlife Refuge; and
WHEREAS, this
land purchase, in which Vermont's contribution equaled less than a fifth of the
total purchase price, has guaranteed Vermonters' access to these lands forever;
and
WHEREAS,
dialogue and clear assurances will allow us to move forward to ensure that the
complex land deal that granted Vermonters so much is appreciated by Vermonters
for its value and is protected forever.
NOW THEREFORE,
I, Howard Dean, M.D., through the power vested in me as Governor of the State
of Vermont, do hereby order as follows:
1. The West
Mountain Wildlife Management Area (WMWMA) that was acquired by the state of
Vermont as part of the so-called Champion land deal pursuant to Sec. 87a of No.
1 of the Acts of 1999, and that is a portion of the so-called Champion lands,
is a wildlife management area, and as such it will be managed by the Vermont
Department of Fish and Wildlife or its successor agency or department.
2. All of the
approximately 22,500 acres of the WMWMA shall be conserved for lawful and
perpetual public access for traditional recreational uses, including boating,
fishing, trapping, snowshoeing, skiing, bird watching, hiking, and hunting
(including training and using hunting dogs). The Department of Fish and
Wildlife shall allow snowmobiling, bicycling, and equestrian uses in designated
corridors.
3. The
Department of Fish and Wildlife shall manage the WMWMA so as to retain road
access to within two statute miles of any point within the WMWMA.
4. The
Department of Fish and Wildlife shall manage the WMWMA both for natural
resource protection and wildlife, including active management to support both
game and non-game species.
5. The
Department of Fish and Wildlife shall actively monitor the health, size, and
distribution of selected populations of game and non-game species found in the
WMWMA. Concurrently, the Department of Fish and Wildlife and the Department of
Forests, Parks and Recreation shall monitor forest conditions of critical
habitats including the habitat composition, condition, and health of
bear-scarred beech stands, black bear wetland feeding areas, vernal pools, and
white-tailed deer wintering habitat. These departments shall report their findings
at the opening of each biennium to the legislative committees on institutions,
natural resources and energy, and fish, wildlife and water resources, or any
successor committee or committees.
6. Prior to the
implementation of any changes to the management of WMWMA, and prior to the
adoption of any new management plan for the WMWMA, the Department of Fish and
Wildlife shall report to the legislative committees on institutions, natural
resources and energy, and fish, wildlife, and water resources, or any successor
committee or committees, with regard to those changes and those new plans.
7. From the date
of the execution of this Executive Order, if the Department of Fish and
Wildlife intends to change or alter any present traditional recreational use of
the WMWMA land or to amend or modify the management plan on the WMWMA, the
Department shall inform the legislative committees on institutions, natural
resources and energy, and fish, wildlife, and water resources, or any successor
committee or committees, of that intent in writing and through personal
testimony, if invited by said committees to so testify, by the end of the month
of January in any year in which the Department intends to institute changes or
alter any present use. An emergency situation of a non-recurring nature
necessitating Department action is exempt from the provisions of this
paragraph, but information about the emergency action taken must be included in
the next year's report to the legislative committees listed above. At the time
of the emergency, the Commissioner will notify the chairs of the committees
referenced above regarding the nature of the emergency and the steps taken to
address the emergency.
8. By this order
a Citizen Oversight Council is created to assist in implementing the provisions
of this order and the provisions of the Champion land transaction in the
northeastern region of Vermont as authorized by the 1999 session of the general
assembly. The council shall function as a forum to hear and attempt to resolve
concerns involving the so-called Champion lands that are brought to the
attention of the council regarding ongoing use and management of state lands,
collaboration with the United States Fish and Wildlife Service, and public
access to the public and privately held lands. With respect to the public lands
and the role of the Agency of Natural Resources (ANR) and its constituent
departments, these matters may include: public access; the recreation access
plan; snowmobiling and other motorized, mechanical, and equestrian access;
private roads; temporary restrictions; federal ownership; timber harvesting;
wildlife management; land conservation; water classification; and economic
development. The council has no authority to discuss or comment on interests
obtained by a private owner who purchases a portion of the property, including
timber harvesting and forest management interests obtained. This Council shall
consist of the same membership and incorporates the same duties as the Champion
Land Transaction Citizen Advisory Council created by 10 V.S.A. §§ 6407-6409. In
addition, the Citizen Oversight Council shall:
(a) Function as
a source of information to persons interested in learning about the transaction
including its legal conditions, or about the ongoing use and management of the
land, and to provide for citizen advice, input and information relating to the
future of the so-called Champion lands.
(b) Make
recommendations to the ANR and its constituent departments and to the
legislative committees referenced above on the ongoing process of ensuring that
the lands commonly referred to as the Champion lands are: conserved as a
working forest for the sustainable production of wood products; conserved for
natural resources, including the maintenance of wildlife habitat and the conservation
of identified natural heritage sites; and conserved for perpetual public access
for traditional recreational uses.
The ANR and its
constituent departments shall involve the council in their deliberative
processes as they relate to the management of the WMWMA, and shall give due
special consideration to any council recommendation provided under this
section.
The Department
of Fish and Wildlife shall provide administrative and staff support to the
council. Citizen council members shall be entitled to compensation as provided
under 32 V.S.A. § 1010, for no more than three meetings during a year in which
the council is authorized, under this section, to meet.
This Executive
Order shall take effect upon signing.
Dated November
1, 2002.