CHAPTER 217-A NEW HAMPSHIRE NATIVE PLANT PROTECTION
Section 217-A:5
217-A:5 Natural Heritage Inventory of Species Requiring Protection; Rulemaking. –
I. The commissioner of the department shall, on the basis of research and investigations and other available scientific data on plant species, and after public hearing, adopt, pursuant to RSA 541-A, an inventory of plant species occurring in the state which are threatened by the loss, drastic modification, or severe curtailment of their habitats, their over-collection for aesthetic, commercial, educational, recreational, or scientific purposes, the effect on such species of disease, pollution, or predation, or other factor or combination of factors, natural or manmade.
II. The department, with the advice of the Natural Areas Council, shall make determinations required by paragraph I solely on the basis of the best scientific and commercial information available and after appropriate consultation with federal agencies, other interested state agencies, other states which have a common interest in the species, and interested persons and organizations. In determining whether any species of plant shall be a protected species, the department shall consider any present or future actions by the federal government, other states, agencies or political subdivisions of this state, or by any other person that may affect the species under consideration.
III. The department shall, by September 1, 1994, publish the rules adopted under RSA 541-A, including the natural heritage inventory. Such a list shall refer to the listed species by scientific and common name or names, if any.
IV. Excepting those species of plants determined to be endangered or threatened pursuant to the Endangered Species Act, the department shall determine whether any plant species should be listed as a protected species upon presentation of substantial evidence in the petition of any interested party. The department shall review each species listed as an endangered species or as a threatened species every 5 years to determine if the conditions that led to the original listing are still present.
Source. 1987, 220:1. 1993, 250:5, eff. June 15, 1993.