North Carolina General Statutes 106-202.16. Criteria and procedures for placing plants on protected plant lists
(a) All native or resident plants which are on the current federal lists of endangered or threatened plants pursuant to the Endangered Species Act have the same status on the North Carolina Protected Plants lists.
(b) The Board, the Scientific Committee, or any resident of North Carolina may propose to the Department of Agriculture and Consumer Services 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 of the proposal in a Department of Agriculture and Consumer Services news release.
(d) The Board shall collect relevant scientific and economic data, concerning any substantial proposal, necessary to determine:
(1) Whether or not any other State or federal agency or private entity is taking steps to protect the plant under consideration;
Terms Used In North Carolina General Statutes 106-202.16
- Board: means the North Carolina Plant Conservation Board as provided in this Article. See North Carolina General Statutes 106-202.12
- Endangered species: means any species or higher taxon of plant whose continued existence as a viable component of the State's flora is determined to be in jeopardy by the Board; also, any species of plant determined to be an "endangered species" pursuant to the Endangered Species Act. See North Carolina General Statutes 106-202.12
- Plant: means any member of the plant kingdom, including seeds, roots and other parts or their propagules. See North Carolina General Statutes 106-202.12
- Protected plant: means a species or higher taxon of plant adopted by the Board to protect, conserve, and/or enhance the plant species and includes those the Board has designated as endangered, threatened, or of special concern. See North Carolina General Statutes 106-202.12
- Scientific committee: means the North Carolina Plant Conservation Scientific Committee. See North Carolina General Statutes 106-202.12
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) The present or threatened destruction, modification or curtailment 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 its continued existence in North Carolina.
If the Board, with the advice of the Scientific Committee, finds that the plant should be added to or removed from a protected plant list the Board shall instigate rule-making procedures to add or remove the plant from the list.
(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.)