§195D-5  Conservation programs.  (a) The department shall conduct research on indigenous aquatic life, wildlife, andland plants, and on endangered species and their associated ecosystems, andshall utilize the land acquisition and other authority vested in the departmentto carry out programs for the conservation, management, and protection of suchspecies and their associated ecosystems.  In addition, the department is herebyauthorized to acquire by purchase, donation or otherwise, lands or interests thereinneeded to carry out the programs relating to the intent and purpose of thischapter.

(b)  The office of the governor shall reviewother programs administered by the department and, to the extent practicable,utilize such programs in furtherance of the purposes of this chapter.  Thegovernor or the governor's authorized representative shall also encourage allfederal agencies to utilize their authority in furtherance of the purposes ofthis chapter.  All other state agencies shall use their authority infurtherance of the purposes of this chapter by:

(1)  Carrying out programs for the protection ofthreatened and endangered species; and

(2)  Taking such action as may be necessary to ensurethat actions authorized, funded, or carried out by them do not jeopardize thecontinued existence of threatened or endangered species.

In carrying out programs authorized by thischapter, the department may enter into agreements with federal agencies,counties, private landowners, and organizations for the administration andmanagement of any area or facility established under section 195D-21 or195D-22, or public lands utilized for conserving, managing, enhancing, orprotecting indigenous aquatic life, wildlife, land plants, threatened andendangered species, and their habitat.

(c)  In carrying out programs authorized bythis section, the department may enter into agreements with federal agenciesand with the counties for administration and management of any area establishedunder this section, or utilized for conserving, managing, enhancing, orprotecting indigenous aquatic life, wildlife, land plants, and endangeredspecies.

(d)  In carrying out programs authorized bythis section, priority shall be given to the conservation and protection ofthose endangered aquatic life, wildlife, and land plant species and theirassociated ecosystems, whose extinction within the State would imperil orterminate, respectively, their existence in the world.

(e)  The department shall coordinate with thenatural area reserves commission and the animal species advisory commission allresearch, investigations, lists of indigenous and endangered aquatic life,wildlife, and land plants, and programs for the conservation, management,enhancement, and protection of species that are authorized by this chapter.

(f)  The department may permit, under terms andconditions adopted by rule, the taking, possession, transportation, orexportation of any indigenous aquatic life, wildlife, or land plant on theendangered species list for scientific purposes and for propagation of suchspecies in captivity for preservation purposes. [L 1975, c 65, pt of §1; am L1981, c 17, §1; am L 1983, c 111, §6; gen ch 1985; am L 1997, c 380, §5]