3-903. Protected group of plants; botanical names govern; categories of protected plants; power to add or remove plants; annual hearing

A. The protected group of native plants shall include, and protected native plants shall be, any plant or part of a plant, except, unless otherwise specifically included, its seeds or fruit, which is growing wild on state land or public land or on privately owned land without being propagated or cultivated by human beings and which is included by the director on any of the definitive lists of protected categories of protected native plants described in this section. The director by definitive lists may divide any protected category into subcategories which are to receive different treatment under the rules adopted under this article to conserve or protect such plants. In the preparation of each list of plants within a protected category or subcategory the director shall list by botanical names all of those protected plants which are to fall within the protection of that category or subcategory. The botanical names of the listed plants govern in all cases in the interpretation of this article and any rules adopted under this article.

B. The director shall establish by rule the lists of plants in the following categories of protected native plants:

1. Highly safeguarded native plants to be afforded the exclusive protections, including the use of scientific or threatened collection and salvage permits, provided this category in this chapter. This category includes those species of native plants and parts of plants, including the seeds and fruit, whose prospects for survival in this state are in jeopardy or which are in danger of extinction throughout all or a significant portion of their ranges, and those native plants which are likely within the foreseeable future to become jeopardized or in danger of extinction throughout all or a significant portion of their ranges. This category also includes those plants resident to this state and listed as endangered, threatened, or category 1 in the federal endangered species act of 1973 (P.L. 93-205; 87 Stat. 884; 16 United States Code sections 1531 et seq.), as amended, and any regulations adopted under that act.

2. Salvage restricted native plants to be afforded the exclusive protections involving the use of salvage permits, tags and seals provided in this chapter. This category includes those native plants which are not included in the highly safeguarded category but are nevertheless subject to a high potential for damage by theft or vandalism.

3. Salvage assessed native plants to be afforded the exclusive protections, involving the use of salvage tags and seals and annual salvage permits, provided in this chapter. This category includes those native plants which are not included in either the highly safeguarded or salvage restricted categories but nevertheless have a sufficient value if salvaged to support the cost of salvage tags and seals.

4. Harvest restricted native plants to be afforded the exclusive protections involving the use of harvest permits and wood receipts provided in this chapter. This category includes those native plants which are not included in the highly safeguarded category but are subject to excessive harvesting or overcutting because of the intrinsic value of their by-products, fiber or woody parts.

C. The director by rule may add or remove a native plant to or from the protected group or any of the categories of protected native plants.

D. The director shall hold a public hearing on native plants at least every twelve months after giving notice as required by section 3-912, subsection B.