§ 106-202.16. Criteria and procedures for placing plants on protected plant lists. - North Carolina Statutes

§ 106‑202.16. Criteria and procedures for placing plants on protected plant lists.

(a)        All native or resident plants which are on the currentfederal lists of endangered or threatened plants pursuant to the EndangeredSpecies Act have the same status on the North Carolina Protected Plants lists.

(b)        The Board, the Scientific Committee, or any resident ofNorth Carolina may propose to the Department of Agriculture and ConsumerServices that a plant be added to or removed from a protected plant list.

(c)        If the Board, with the advice of the Scientific Committee,finds that there is any substance to the proposal, it shall publish notice ofthe proposal in a Department of Agriculture and Consumer Services news release.

(d)        The Board shall collect relevant scientific and economicdata, concerning any substantial proposal, necessary to determine:

(1)        Whether or not any other State or federal agency or privateentity is taking steps to protect the plant under consideration;

(2)        The present or threatened destruction, modification orcurtailment of its habitat;

(3)        Over‑utilization for commercial, scientific,educational or recreational purposes;

(4)        Critical depletion from disease or predation;

(5)        The inadequacy of existing regulatory mechanisms; or

(6)        Other natural or man‑made factors affecting itscontinued existence in North Carolina.

Ifthe Board, with the advice of the Scientific Committee, finds that the plantshould be added to or removed from a protected plant list the Board shallinstigate rule‑making procedures to add or remove the plant from thelist.

(e),  (f) Repealed by Session Laws 1987, c. 827, s. 31. (1979, c. 964, s. 1; 1987, c. 827, s. 31; 1997‑261,s. 109.)