3-908. Prohibited acts; use of permits, tags,
seals and receipts
A. Except as provided in this chapter, it is unlawful for a person to destroy, dig
up, mutilate, collect, cut, harvest or take any living highly safeguarded native plant or
the living parts of any highly safeguarded native plant, including seeds or fruit, or any
other living protected native plant or the living parts of any other protected plant,
except seeds or fruit, from state land or public land without obtaining any required
permit, tags, seals or receipts from the department, or from private land without
obtaining written permission from the landowner, and any required permit, tags, seals or
receipts from the department. It is unlawful for a person to falsify any paper or
document issued to give permission for a person to take native plants of the protected
group or to take more protected native plants than authorized by the permit or to take
protected native plants from areas other than authorized by the permit.
B. Permits issued for the removal of protected native plants, or any parts of
protected native plants, except permits issued for the salvage of salvage assessed native
plants, shall be granted only on submission to the division of an application executed by
both the landowner or his agent and the party who intends to be the permittee, after
being completed by either or both, and are valid for a stated period of time to allow the
permittee to remove the specific amount of plants, by-products, fiber or wood stated in
the permit, or that period of time stated by the landowner as part of the landowner's
permission, whichever is shorter. The permit expires on the termination date shown on
the permit, when the tags and seals issued with the permit have been attached to the
plants covered by the permit and the plants are no longer in the possession of the
permittee or when the receipts have been transferred to the purchaser of the wood covered
by the receipts.
C. A permit is valid for taking plants or parts of plants listed on the permit but
not removed from the land described in the permit until the permit's expiration or for
one year from the date of issuance, whichever occurs first, except that for any permit
the tags and seals, or receipts, issued therewith but not yet used by the permittee
become invalid if the land on which the plants are growing, and described in the permit,
changes ownership, unless the new owner certifies in writing that the permittee may
continue taking the plants or parts of plants as specified on the permit.
D. It is unlawful for a person or scientific or educational institution to misuse a
permit in any manner. A permittee shall make permits, tags, seals and receipts available
for inspection by the department or any peace officer as provided for in this chapter. A
tag, seal or receipt is invalid unless it is issued with a valid permit. A permit is
invalid unless it bears the required tag numbers or receipt numbers on its face. It is
unlawful to alter or deface any permit, tag, seal or receipt.
E. The director may give written permission for a person or a scientific
institution to take a definite number of specified plants in a protected group from areas
specified by the department for scientific purposes. In addition the director may give
written permission for a person to take specific plants or parts of plants not in the
highly safeguarded category from areas specified by the department for salvage or for
manufacturing or processing purposes or for the cutting or removal of wood and assess
reasonable and proper fees for such taking of the plants or parts of the plants. The
director may give written permission for a landowner to transfer specified plants in the
protected group from land he owns to another property owned by him, and such permits
shall be exempt from fees.
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