§ 106-202.15. Powers and duties of the Board. - North Carolina Statutes

§ 106‑202.15.  Powersand duties of the Board.

The Board shall have all ofthe following powers and duties:

(1)        To adopt andmaintain a list of protected plant species for North Carolina, identifying eachentry by the common name and scientific name, along with its status asendangered, threatened, or of special concern, as provided under G.S. 106‑202.16.

(2)        To reconsider andrevise the lists from time to time in response to public proposals and as theBoard deems necessary.

(3)        To conserve and toregulate the collection and shipment of those plant species or higher taxa thatare of such similarity to endangered and threatened species that they cannot beeasily or readily distinguished from an endangered or threatened species.

(4)        To regulate withinthe State any exotic species, in the same manner as a resident species if theexotic species is on the Federal Endangered and Threatened Species List or itis listed in the Appendices to the International Treaty to Conserve Endangeredand Threatened Species.

(5)        To determine thatcertain plant species growing in North Carolina, whether or not they are on theendangered or threatened species list, are of special concern and to limit,regulate or forbid sale or collection of these plants.

(6)        To conductinvestigations to determine whether a plant should be on the protected plantlists and the requirements for survival of resident species of plants.

(7)        To adopt regulationsto protect, conserve and enhance resident and exotic species of plants on thelists, or to otherwise affect the intent of this Article.

(8)        To develop,establish and coordinate conservation programs for endangered species andthreatened species of plants, consistent with the policies of the EndangeredSpecies Act, including the acquisition of rights to land or aquatic habitats.

(9)        To enter into andadminister cooperative agreements through the Commissioner of Agriculture, inconcert with the North Carolina Botanical Garden and other agencies, with theU.S. Department of Interior or other federal, State or private organizationsconcerning endangered and threatened species of plants and their conservationand management.

(10)      To cooperate or enterinto formal agreements with any agency of any other state or of the federalgovernment for the purpose of enforcing any of the provisions of this Article.

(11)      Through theCommissioner, to receive funds, donations, grants or other moneys, issuegrants, enter contracts, employ personnel and purchase supplies and materialsnecessary to fulfill its duties.

(12)      To adopt rules underwhich the Department of Agriculture and Consumer Services may issue permits tolicensed nurserymen, commercial growers, scientific supply houses and botanicalgardens for the sale or distribution of plants on the protected list providedthat the plants are nursery propagated or grown horticulturally.

(13)      To stop the sale ofor to seize any endangered, threatened, or special concern plant species, orpart thereof possessed, transported, or moved within this State or brought intothis State from any place outside the State if such is found by the Board orits duly authorized agent to be in violation of this Article or rules adoptedpursuant to this Article. Such plants shall be moved or disposed of at thedirection of the Board or its agent or by court order.

(14)      To establish fees forpermits authorized in this Article. (1979, c. 964, s. 1; 1989, c. 508, s. 1; 1997‑261,s. 39; 2007‑456, s. 1.)