146.610 Duties of Kentucky State Nature Preserves Commission -- Authority for administrative regulations -- Criteria for designation of plants as endangered or threatened -- Plant lists -- Quadrennial - Kentucky Statutes

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Page 1 of 2 146.610 Duties of Kentucky State Nature Preserves Commission -- Authority for administrative regulations -- Criteria for designation of plants as endangered
or threatened -- Plant lists -- Quadrennial report. (1) The commission may conduct investigations, with the permission of the landowner, on any species of plants indigenous to the Commonwealth necessary to develop
information relating to population, distribution, habitat needs, limiting factors, and
other biological and ecological data, and to determine protective measures and
requirements necessary for its survival. (2) (a) Any plant species identified as endangered or threatened by the Endangered Species Act shall be automatically and immediately considered in a similar
category under KRS 146.600 to 146.619. The commission may promulgate
administrative regulations identifying any other species of plant within the
state as an endangered or threatened species as a result of any one (1) of the
following factors:
1. The present or threatened destruction, modification, or curtailment of its
habitat or range; 2. Overutilization for commercial, recreational, scientific, educational, or
private purposes; 3. Disease, predation, or vandalism; 4. The inadequacy of existing regulatory mechanisms affecting the
continued existence within the state; or 5. Other factors affecting its continued existence within the state. (b) The commission may promulgate administrative regulations setting forth criteria for identifying and designating species of plants native to Kentucky
which are in danger of extirpation within the Commonwealth or threatened
with becoming endangered in the Commonwealth. The commission may
promulgate administrative regulations that identify species that it determines
to be endangered or threatened. These lists shall identify the common and
scientific names of each species. The lists shall include all plant species native
to Kentucky which are listed as endangered or threatened on the "United
States List of Endangered and Threatened Plants" pursuant to the Endangered
Species Act of 1973, 87 Stat. 884, 16 U.S.C. secs. 1531-1543, as amended.
The lists may also include species listed in the appendices of the "Convention
on International Trade in Endangered Species," signed March 3, 1973, as Ex.
Doc. H, 93rd Congress, 1st Session. Further, the commission may provide for
public education purposes lists of plant species which may become threatened
in the future through habitat loss, commercial exploitation, or other means, or
which are presumed to be extirpated within the Commonwealth. All lists shall
be updated at least every four (4) years. (3) Locational and population health information relating to endangered or threatened and other plant species shall be kept in the commission's natural heritage database.
Information to be considered when adopting, amending, or rescinding endangered Page 2 of 2 or threatened plant species lists as required in this section shall be recorded in the
natural heritage database prior to use in determining the status of a plant species. (4) The commission shall present to the Governor and the General Assembly a report every four (4) years, starting on or about January 10, 1998, on the conditions and
needs of the Commonwealth's endangered or threatened plant species. (5) In carrying out programs authorized by KRS 146.600 to 146.619, the commission may enter into agreements or contracts with federal agencies, other states, agencies
or political subdivisions of the Commonwealth, or with individuals or private
organizations for administration and management of any program established under
KRS 146.600 to 146.619 or utilized for the protection of endangered or threatened
plant species. Effective: July 15, 1994
History: Created 1994 Ky. Acts ch. 164, sec. 3, effective July 15, 1994.