GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
SESSION LAW 2007-456
HOUSE BILL 862
AN ACT to amend the plant protection and conservation act.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 106-202.15 reads as rewritten:
"§ 106-202.15. Powers and duties of the Board.
The Board shall have all of the following powers and duties:
(1) To adopt and
publish by July 1, 1980, an endangered species list, a threatened species list
and a list of species of special concern, as provided for in G.S. 106-202.16,and
maintain a list of protected plant species for North Carolina, identifying
each entry by the common name and scientific name and cross-referencing by
family, genus, and species number as found in the current edition of "The
Manual of the Vascular Flora of the Carolinas," or if not found in this
edition, as identified by the American Society of Plant Taxonomists;
name, along with its status as endangered, threatened, or of special concern,
as provided under G.S. 106-202.16.
(2) To reconsider and
revise the lists from time to time in response to public proposals and as the
Board deems necessary;necessary.
(3) To conserve and to
regulate the collection and shipment of those plant species or higher taxa that
are of such similarity to endangered and threatened species that they cannot be
easily or readily distinguished from an endangered or threatened species;species.
(4) To regulate within the
State any exotic species, in the same manner as a resident species if the
exotic species is on the Federal Endangered and Threatened Species List or it
is listed in the Appendices to the International Treaty to Conserve Endangered
and Threatened Species;Species.
(5) To determine that
certain plant species growing in North Carolina, whether or not they are on the
endangered or threatened species list, are of special concern and to limit,
regulate or forbid sale or collection of these plants;plants.
(6) To conduct
investigations to determine whether a plant should be on the protected plant
lists and the requirements for survival of resident species of plants;plants.
(7) To adopt regulations
to protect, conserve and enhance resident and exotic species of plants on the
lists, or to otherwise affect the intent of this Article;Article.
(8) To develop, establish
and coordinate conservation programs for endangered species and threatened
species of plants, consistent with the policies of the Endangered Species Act,
including the acquisition of rights to land or aquatic habitats;habitats.
(9) To enter into and
administer cooperative agreements through the Commissioner of Agriculture, in
concert with the North Carolina Botanical Garden and other agencies, with the
U.S. Department of Interior or other federal, State or private organizations
concerning endangered and threatened species of plants and their conservation
and management;management.
(10) To cooperate or enter into formal
agreements with any agency of any other state or of the federal government for
the purpose of enforcing any of the provisions of this Article;Article.
(11) Through the Commissioner, to
receive funds, donations, grants or other moneys, issue grants, enter
contracts, employ personnel and purchase supplies and materials necessary to
fulfill its duties;duties.
(12) To promulgate regulationsadopt
rules under which the Department of Agriculture and Consumer Services may
issue permits to licensed nurserymen, commercial growers, scientific supply
houses and botanical gardens for the sale or distribution of plants on the
protected list provided that the plants are nursery propagated and or
grown horticulturally from seeds or by vegetative propagation of
cuttings, meristems or other similar materials and that the plants bear the
grower's permit number.horticulturally.
(13) To stop the sale of or to seize any endangered, threatened, or special concern plant species, or part thereof possessed, transported, or moved within this State or brought into this State from any place outside the State if such is found by the Board or its duly authorized agent to be in violation of this Article or rules adopted pursuant to this Article. Such plants shall be moved or disposed of at the direction of the Board or its agent or by court order.
(14) To establish fees for permits authorized in this Article."
SECTION 2. G.S. 106-202.17(b) reads as rewritten:
"(b) The Scientific
Committee shall consist of the Directors of The University of North Carolina at
Chapel Hill Herbarium, the North Carolina State University Herbarium, the North
Carolina Botanical Garden of The University of North Carolina at Chapel Hill,
the North Carolina State Museum of Natural Sciences and the North Carolina Natural
Heritage Program of the Department of Environment and Natural Resources or
their designees, a representative of the North Carolina Association of
Nurserymen, Inc., appointed by the Commissioner, and a representative of the
Garden Club of North Carolina, Incorporated, the North Carolina Chapter of the
Nature Conservancy or the North Carolina Wild Flower Preservation Society,
Inc., a conservation organization, appointed by the Commissioner.
Members shall serve for three-year terms and may succeed themselves."
SECTION 3. G.S. 106-202.18 reads as rewritten:
"§ 106-202.18. Powers and duties of the Scientific Committee.
The Scientific Committee shall have all of the following powers and duties:
(1) To gather and provide
information and data and advise the Board with respect to all aspects of the
biology and ecology of endangered and threatened plant species;species.
(2) To develop and present
to the Board management and conservation practices for preserving endangered or
threatened plant species;species.
(3) To recommend habitat
areas for acquisition to the extent that funds are available or expected;expected.
(4) To investigate and
make recommendations to the Board as to the status of endangered, threatened
plant species, or species of special concern;concern.
(5) To make
recommendations to the Board concerning regulation of the collection and
shipment of endangered or threatened plant species within North Carolina;Carolina.
(6) To review and comment
on botanical aspects of environmental impact statements prepared by North
CarolinaState agencies or other agencies as appropriate;on
projects that may affect protected plants; and
(7) To advise the Board on matters submitted to the Scientific Committee by the Board or the Commissioner which involve technical questions and the development of pertinent rules and regulations, and make any recommendations as deemed by the Scientific Committee to be worthy of the Board's consideration."
SECTION 4. G.S. 106-202.19(a1) reads as rewritten:
"(a1) Any person convicted of
violating this Article, or any rule of the Board adopted pursuant to this
Article shall be guilty of a Class 3 misdemeanor, and for a first violation
shall only be fined not less than one hundred dollars ($100.00) nor more than
five hundred dollars ($500.00); and upon a subsequent conviction shall only be
fined not less than five hundred dollars ($500.00) and not more than one
thousand dollars ($1,000).2 misdemeanor. Each illegal movement or
distribution of a protected plant shall constitute a separate violation. In
addition, if any person continues to violate or further violates any provision
of this Article after written notice from the Board, the court may determine
that each day during which the violation continued or is repeated constitutes a
separate violation subject to the foregoing penalties."
SECTION 5. G.S. 106-202.19(b) reads as rewritten:
"(b) The Commissioner or
any employee or agent of the Department of Agriculture and Consumer
Services designated by the Commissioner to enforce the provisions of this
Article, may enter any place within the State at all reasonable times where
plant materials are being grown, transported transported, or
offered for sale and require the presentation for inspection of all pertinent
papers and records relative to the provisions of this Article, after giving
notice in writing to the owner or custodian of the premises to be entered. If
he refuses to consent to the entry, the Commissioner may apply to any district
court judge and the judge may order, without notice, that the owner or
custodian of the place permit the Commissioner to enter the place for the
purposes herein stated and failure by any person to obey the order may be
punished as for contempt."
SECTION 6. This act becomes effective December 1, 2007, and applies to offenses committed on or after that date.
In the General Assembly read three times and ratified this the 30th day of July, 2007.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 8:38 p.m. this 28th day of August, 2007