02 NCAC 48F .0410           criteria for issuance of protected plant permits

The proposed justification for a permit will be evaluated using the following criteria as appropriate:

(1)           the status of the species in North Carolina;

(2)           the status of the population from which the plants are to be collected or removed;

(3)           the amount of plant material to be collected;

(4)           the conditions under which the plants will be collected or removed;

(5)           the proposed use of the plant material;

(6)           known threats to the species;

(7)           where the plant material will be deposited;

(8)           the need for their rescue;

(9)           estimation of how the proposed activity is likely to affect or enhance the survival of the species;

(10)         policy set forth in the Plant Protection and Conservation Act and by previous Board decisions;

(11)         that the proponent has obtained and can document satisfactory evidence that plants can be legally obtained (for example, written permission from the owner or agent of the land from which the affected species is to be removed.


History Note:        Authority G.S. 106-202.15;

Eff. December 1, 2010;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 26, 2017.