3-910. Compiling information; reports; native
plant surveys; investigations; technical advisory board
A. At the request of any person, including a state or federal agency, and if the
person provides the department with a suitable description of the land in question, the
director may enter into agreements with any such person to conduct native plant surveys
on the applicable private or state land. Unless the survey is limited to the simple
determination of whether or not protected species exist on the land, the department may
collect fees as reimbursement for the services which are reasonably based on the time
factor, vegetation density and acreage. Notwithstanding section 35-148, subsection A, the
director shall deposit any monies received under this subsection in the fund established
by section 3-913.
B. The director by rule may require written reports from persons engaged in
salvaging or harvesting protected native plants as to the location and quantities of
protected native plants and their parts which have been salvaged or harvested under this
chapter. The director by rule may make the filing of these reports a condition to the
issuance or renewal of any permits, tags, seals or receipts provided for in this chapter.
C. The department may conduct investigations of the status of all species of native
plants in order to develop information relative to population distribution, habitat
needs, limiting factors and other biological data and to determine measures and
requirements, including transplantation and propagation, necessary for their conservation
or survival. If protected native plants or significant communities of such plants are
vulnerable to depletion from their collection or harvest as a commercial resource, the
department may collect statistical information and conduct investigations to determine
what harvests are sustainable without depleting the plants or plant communities or
destroying significant habitat provided by such plants or plant communities.
D. The director may appoint, utilize and contract with a technical advisory board,
serving without compensation, to annually review the number of permits and tags issued in
order to assess whether plant species, communities or populations are being depleted and
recommend revisions to the protected plant categories. The board shall consist of
representatives of the scientific community, including the botanical and zoological
fields, and representatives from the native plant industries, including salvage,
revegetation, propagation, landscaping and harvesting concerns.
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