106-202.12. Definitions. As used in this Article, unless the context requires otherwise: (1) "Board" means the North Carolina Plant Conservation Board as provided in this Article. (2) "Commissioner" means the Commissioner of Agriculture. (3) "Conserve" and "conservation" mean to use, and the use of, all methods and procedures for the purposes of increasing the number […]
106-202.13. Declaration of policy. The General Assembly finds that the recreational needs of the people, the interests of science, and the economy of the State require that threatened and endangered species of plants and species of plants of special concern be protected and conserved, that their numbers should be enhanced and that propagative techniques be […]
106-202.14. Creation of Board; membership; terms; chairman; quorum; board actions; compensation. (a) The North Carolina Plant Conservation Board is created within the Department of Agriculture and Consumer Services. (b) The Board shall consist of seven members who are residents of North Carolina, one of whom represents each of the following: (1) The North Carolina Botanical […]
106-202.15. Powers and duties of the Board. The Board shall have all of the following powers and duties: (1) To adopt and maintain a list of protected plant species for North Carolina, identifying each entry by the common name and scientific name, along with its status as endangered, threatened, or of special concern, as provided […]
106-202.16. Criteria and procedures for placing plants on protected plant lists. (a) All native or resident plants which are on the current federal lists of endangered or threatened plants pursuant to the Endangered Species Act have the same status on the North Carolina Protected Plants lists. (b) The Board, the Scientific Committee, or any resident […]
106-202.17. Creation of committee; membership; terms; chairman; meetings; committee action; quorum; compensation. (a) The North Carolina Plant Conservation Scientific Committee is created within the Department of Agriculture and Consumer Services. (b) The Scientific Committee shall consist of the Directors of The University of North Carolina at Chapel Hill Herbarium, the North Carolina State University Herbarium, […]
106-202.18. Powers and duties of the Scientific Committee. The Scientific Committee shall have all of the following powers and duties: (1) To gather and provide information and data and advise the Board with respect to all aspects of the biology and ecology of endangered and threatened plant species. (2) To develop and present to the […]
106-202.19. Unlawful acts; penalties; enforcement. (a) Unless the conduct is covered under some other provision of law providing greater punishment, it is unlawful to engage in any of the following conduct: (1) To uproot, dig, take or otherwise disturb or remove for any purpose from the lands of another, any plant on a protected plant […]
106-202.20. Forfeiture of illegally possessed plants; disposition of plants. Upon conviction of any defendant for a violation of G.S. 106-202.19, the court, in its discretion, may order the defendant to forfeit any plant or plant parts which he possesses in violation of G.S. 106-202.19. The court shall direct disposition of any forfeited plant or plant […]
106-202.21. Ginseng dealer permits. (a) No person shall act in the capacity of a ginseng dealer, or shall engage, or offer to engage in the business of, advertise as, or assume to act as a ginseng dealer unless that person holds a currently valid permit as provided in this Article. (b) Applications for a ginseng […]
106-202.22. Denial, suspension, or revocation of permit. (a) The Board may deny, suspend, revoke, or modify any permit issued under this Article if it finds that the applicant or permit holder has violated this Article or rules adopted pursuant to this Article. (b) Suspension of any permit under this Article shall be for not less […]
