[§195D-6.5]  Interim rulemaking.  (a) The department,  subject to the provisions of this section, may declare anyindigenous species as endangered and establish, implement, and enforce interimrules governing the exportation from the State or the taking, possession, sale,offer for sale, delivery, or transport within the State, by any meanswhatsoever, of any such endangered species.  These rules shall not be subjectto chapter 91.

(b)  An interim rule may be adopted in theevent that the exportation, taking, possession, sale, offer for sale, delivery,or transport of any indigenous species, in the absence of effective rules,creates a significant risk of a local extirpation or species extinction, whichis so imminent in nature as to constitute an emergency.  No interim rule may beadopted without such finding by the department.

(c)  Interim rules adopted pursuant to thissection shall be effective as stated by the rules; provided that:

(1)  Any interim rule shall be published statewide atleast once as provided in section 1-28.5(a)(1) within five days after issuance;and

(2)  No interim rule shall be effective for more thanone hundred eighty days. [L 2004, c 32, §2]