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 30^th 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 28^th day of August, 2007