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.