Section 217-A:1 – Title.

    217-A:1 Title. – This chapter shall be known and may be cited as "The New Hampshire Native Plant Protection Act of 1987". Source. 1987, 220:1, eff. May 18, 1987.

Section 217-A:10 – Exemption.

    217-A:10 Exemption. – I. Nothing in this chapter or any rule adopted under this chapter shall interfere with any act authorized, permitted, or exempted by the Endangered Species Act or any regulation promulgated under that act. II. Any protected plant species may be transported to, possessed at, and sold from a location certified by […]

Section 217-A:11 – Penalty.

    217-A:11 Penalty. – Any person violating the provisions of this chapter or any rule adopted under this chapter shall be guilty of a violation. Each such prohibited act with respect to each plant shall constitute a separate violation. Source. 1987, 220:1, eff. May 18, 1987.

Section 217-A:12 – Enforcement.

    217-A:12 Enforcement. – I. Any peace officer shall have the authority to enforce this chapter, and may: (a) Conduct searches as provided by law, and execute a warrant to search for and seize any equipment, business records, merchandise, or plants taken, possessed, transported, sold, offered for sale, bartered, shipped, or otherwise used in connection […]

Section 217-A:2 – Findings and Declarations.

    217-A:2 Findings and Declarations. – Because there are no laws protecting any of our native plants, every year hundreds of our native plants are dug up and removed without permission from public and private property. Many of these are taken out-of-state and sold for profit. Therefore, the legislature finds and declares that: I. For […]

Section 217-A:3 – Definitions.

    217-A:3 Definitions. – In this chapter: I. " Commercial " means all types of activities, uses, and purposes of an industrial or trade nature including, but not limited to, the buying and selling or barter and exchange of commodities and activities conducted for the purpose of such buying and selling or barter and exchange. […]

Section 217-A:4 – Investigation and Research.

    217-A:4 Investigation and Research. – The department shall conduct investigations on all species of plants and natural communities indigenous to and throughout this state necessary to develop information relating to population, distribution, habitat needs, limiting factors, and other biological and ecological data, and to determine protective measures and requirements necessary for their survival. The […]

Section 217-A:5 – Natural Heritage Inventory of Species Requiring Protection; Rulemaking.

    217-A:5 Natural Heritage Inventory of Species Requiring Protection; Rulemaking. – I. The commissioner of the department shall, on the basis of research and investigations and other available scientific data on plant species, and after public hearing, adopt, pursuant to RSA 541-A, an inventory of plant species occurring in the state which are threatened by […]

Section 217-A:6 – Conservation Programs.

    217-A:6 Conservation Programs. – I. The commissioner shall establish programs for the protection of species listed under RSA 217-A:5 and for exemplary natural communities. These programs may include methods for the acquisition of land and interests in land that the commissioner determines is necessary for the protection of such listed species or exemplary natural […]

Section 217-A:7 – Cooperation with Other State Agencies.

    217-A:7 Cooperation with Other State Agencies. – All state agencies, consistent with their authority and responsibilities, shall assist and cooperate with the commissioner to carry out the purposes of this chapter. To the extent possible actions funded or carried out by state agencies shall not jeopardize the continued existence of any protected plant species […]

Section 217-A:7-a – Natural Heritage Bureau Fund Established.

    217-A:7-a Natural Heritage Bureau Fund Established. – I. The commissioner may charge a fee for screening department records for instances of protected species or environmental review, for using inventory and information services, and for publications and reports to recover the costs of providing products and services and a reasonable portion of the costs associated […]

Section 217-A:8 – Rulemaking.

    217-A:8 Rulemaking. – The commissioner of the department shall adopt rules, after public hearing and under RSA 541-A, relative to: I. Criteria and procedures for listing endangered and threatened species under RSA 217-A:5. II. Procedures for identifying exemplary natural communities. III. Procedures for requests by persons or agencies for listing of plant species as […]

Section 217-A:9 – Prohibited Acts.

    217-A:9 Prohibited Acts. – I. It shall be a violation of this chapter for any person, other than the owner of private property on which the species listed under RSA 217-A:5 is located to: (a) Export any protected species from the state. (b) Import any protected species into the state. (c) Transport any protected […]