North Carolina § 106-202 - 15. Powers and duties of the Board.

§ 106-202. 15. Powers and duties of the Board.

The Board shall have all of the following powers and duties: To adopt and maintain a list of protected plant species for North Carolina, identifying each entry by the common name and scientific name, along with its status as endangered, threatened, or of special concern, as provided under G.S. 106-202.16. To reconsider and revise the lists from time to time in response to public proposals and as the Board deems necessary. 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. 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. 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. 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. 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. 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. 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. To cooperate or enter into formal agreements with any agency of this State or of any other state or of the federal government for the purpose of enforcing any of the provisions of this Article. 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. To adopt 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 or grown horticulturally. 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. To establish fees for permits authorized in this Article. History (1979, c. 964, s. 1; 1989, c. 508, s. 1; 1997-261, s. 39; 2007-456, s. 1; 2019-204, s. 8(a).) Editor's Note. - Session Laws 2011-394, s. 18(a)-(d), provides: "(a) Definitions. - The definitions set out in G.S. 106-202.12 and 02 NCAC 48F.0305 (Collection and Sale of Ginseng Rule) apply to this section and its implementation. "(b) Collection and Sale of Ginseng Rule 02 NCAC 48F.0305. - Until the effective date of the revised permanent rule that the Board is required to adopt pursuant to Section 18(d) of this act, the Board and the Department shall implement Collection and Sale of Ginseng Rule 02 NCAC 48F.0305, as provided in Section 18(c) of this act. "(c) Implementation. - Notwithstanding subdivision (6) of subsection (d) of Collection and Sale of Ginseng Rule 02 NCAC 48F.0305, there shall be no charge for an export certification. "(d) Additional Rule-Making Authority. - The Board shall adopt a rule to replace Collection and Sale of Ginseng Rule 02 NCAC 48F.0305. Notwithstanding G.S. 150B-19(4) , the rule adopted by the Board pursuant to this section shall be substantively identical to the provisions of Section 18(c) of this act. Rules adopted pursuant to this section are not subject to the publication of notice of text or public hearing requirements of G.S. 150B-21.2 . Rules adopted pursuant to this section are not subject to G.S. 150B-21.9 through G.S. 150B-21.14 . Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2) ." Effect of Amendments. - Session Laws 2007-456, s. 1, effective December 1, 2007, and applicable to offenses committed on or after that date, rewrote subdivisions (1) and (12); made minor punctuation changes in subdivisions (2) through (11); and added subdivision (14). Session Laws 2019-204, s. 8(a), effective August 27, 2019, inserted "this State or of" in subdivision (10). Legal Periodicals. - For survey of 1979 administrative law, see 58 N.C.L. Rev. 1185 (1980).