[§195D-32]  Citizen suits.  (a)  Except
as provided in subsection (b), any person, acting as a private attorney
general, may commence a civil suit on the person's behalf:



(1)  Against any state or county agency or
instrumentality that is alleged to be in violation of the terms of, or [fails]
to fulfill the obligations imposed and agreed to under any habitat conservation
plan or safe harbor agreement and accompanying license for public lands as
authorized under sections 195D-21 and 195D-22; or



(2)  Against the department or board, where there is
alleged a failure of the department or board to perform any act or duty
required under a habitat conservation plan or safe harbor agreement and
accompanying license issued for public lands.



(b)  The circuit courts shall have jurisdiction
to enforce this section or to order the department or board to perform any act
or duty required under this section, provided that:



(1)  No action may be commenced under subsection
(a)(1) less than sixty days after written notice of the alleged violation has
been given to the department, and to the state or county agency or
instrumentality alleged to be in violation of this section, except that the
action may be brought immediately after the notification in the case of an
emergency posing a significant risk to the well-being of any species of fish,
wildlife, or plant; and



(2)  No action may be commenced under subsection
(a)(2) less than sixty days after written notice of the alleged violation has
been given to the department, except that the action may be brought immediately
after the notification in the case of an emergency posing a significant risk to
the well-being of any species of fish or wildlife, or plant.



(c)  Any suit brought pursuant to this section
may be brought in the judicial circuit where the alleged violation occurred or
is occurring.  In any suit brought pursuant to this section, where the State is
not a party, the attorney general, at the request of the department, may
intervene on behalf of the State as a matter of right.



(d)  The injunctive relief provided by this
section shall not restrict any right that any person or class of persons may
have under any other law, including common law, to seek enforcement of any
standard or limitation or to seek any other relief, including relief against
any instrumentality or agency of the State. [L 2003, c 35, §2]