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146.610 Duties of Kentucky State Nature Preserves Commission -- Authority
for administrative regulations -- Criteria for designation of plants as
endangered or threatened -- Plant lists -- Quadrennial report.
(1)
(2)
(3)
The commission may conduct investigations, with the permission of the
landowner, on any species of plants indigenous to the Commonwealth
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 its survival.
(a) Any plant species identified as endangered or threatened by the
Endangered Species Act shall be automatically and immediately
considered in a similar category under KRS 146.600 to 146.619. The
commission may promulgate administrative regulations identifying any
other species of plant within the state as an endangered or threatened
species as a result of any one (1) of the following factors:
1.
The present or threatened destruction, modification, or curtailment
of its habitat or range;
2.
Overutilization for commercial, recreational, scientific, educational,
or private purposes;
3.
Disease, predation, or vandalism;
4.
The inadequacy of existing regulatory mechanisms affecting the
continued existence within the state; or
5.
Other factors affecting its continued existence within the state.
(b) The commission may promulgate administrative regulations setting forth
criteria for identifying and designating species of plants native to Kentucky
which are in danger of extirpation within the Commonwealth or threatened
with becoming endangered in the Commonwealth. The commission may
promulgate administrative regulations that identify species that it
determines to be endangered or threatened. These lists shall identify the
common and scientific names of each species. The lists shall include all
plant species native to Kentucky which are listed as endangered or
threatened on the "United States List of Endangered and Threatened
Plants" pursuant to the Endangered Species Act of 1973, 87 Stat. 884, 16
U.S.C. secs. 1531-1543, as amended. The lists may also include species
listed in the appendices of the "Convention on International Trade in
Endangered Species," signed March 3, 1973, as Ex. Doc. H, 93rd
Congress, 1st Session. Further, the commission may provide for public
education purposes lists of plant species which may become threatened
in the future through habitat loss, commercial exploitation, or other
means, or which are presumed to be extirpated within the
Commonwealth. All lists shall be updated at least every four (4) years.
Locational and population health information relating to endangered or
threatened and other plant species shall be kept in the commission's natural
heritage database. Information to be considered when adopting, amending, or
rescinding endangered or threatened plant species lists as required in this
section shall be recorded in the natural heritage database prior to use in
determining the status of a plant species.
(4)
(5)
The commission shall present to the Governor and the General Assembly a
report every four (4) years, starting on or about January 10, 1998, on the
conditions and needs of the Commonwealth's endangered or threatened plant
species.
In carrying out programs authorized by KRS 146.600 to 146.619, the
commission may enter into agreements or contracts with federal agencies,
other states, agencies or political subdivisions of the Commonwealth, or with
individuals or private organizations for administration and management of any
program established under KRS 146.600 to 146.619 or utilized for the
protection of endangered or threatened plant species.
Effective:July 15, 1994
History: Created 1994 Ky. Acts ch. 164, sec. 3, effective July 15, 1994.
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