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...
III. Procedures for requests by persons or agencies for listing of plant species as endangered or threatened...
VI. Conservation programs to protect endangered or threatened species and exemplary natural communities...
VII. Form and content of agreements with persons to protect endangered or threatened species and exemplary natural communities. VIII. Procedures for application for and acceptance of funds for programs to protect endangered or threatened species and exemplary natural communities...
Citation: N.H. Rev. Stat. § 217-A:8.
All rules which the executive director is authorized to promulgate by this chapter shall be promulgated in accordance with RSA 541-A.
Citation: N.H. Rev. Stat. § 212-A:4.
I. Any species of wildlife determined to be an endangered species pursuant to the endangered species act shall be deemed to be an endangered species under this chapter and any species of wildlife determined to be a threatened species pursuant to the endangered species act shall be deemed to be a threatened species under this chapter. The executive director may determine, in accordance with this section, that any species of wildlife determined to be a threatened species under the endangered species act is an endangered species throughout all or any portion of the range of such species within this state.
II. In addition to the species deemed to be endangered or threatened pursuant to the endangered species act, the executive director with his staff may by rule determine whether any species of wildlife normally occurring within the state is an endangered or threatened species because of any of the following factors:
(a) Present or threatened destruction, modification or curtailment of its habitat or range;
(b) Overutilization for commercial, sporting, scientific, educational or other purposes; provided that within 2 years the general court ratifies said action of the executive director when it pertains to a commercial or sporting species. If such ratification does not take place in the first session of the general court following the listing of such species or within 2 years, whichever comes first, the species shall be removed from the list for a period of 2 years or until the general court ratifies the listing;
(c) Disease or predation; or
(d) Other natural or man-made factors affecting its continued existence within this state; provided, however, no species shall be determined as endangered or threatened based solely on rarity of the species.
III. The executive director shall make determinations under RSA 212-A:6, II on the basis of the best scientific, commercial and other data available to him and after consultation, as appropriate, with federal agencies, other interested state agencies, other states having a common interest in the species and interested persons and organizations. Except with respect to species of wildlife determined to be endangered or threatened species under RSA 212-A:6, I, the executive director may not add a species to or remove a species from any list published pursuant to RSA 212-A:6, IV except by rule adopted under RSA 541-A and unless he has first:
(a) Notified the governor of any state sharing a common border with this state and in which the subject species is known to occur that such action is being proposed. In cases where the executive director determines that an emergency situation exists involving the continued existence of such species as a viable component of the state's wildlife he may temporarily add species to the list if he has published a public notice that an emergency situation exists together with a summary of facts which support this determination. The executive director may subsequently make the addition permanent by the adoption of a rule so providing.
(b) Considered those actions, if any, being carried out or about to be carried out by the federal government, by other states, by other agencies of this state or its political subdivisions or by any other person which may affect the species under consideration, in making the determination whether or not any species of wildlife is an endangered or a threatened species.
(a) The executive director shall adopt rules containing a list of all species of wildlife normally occurring within this state which he determines to be an endangered or threatened species. Each list shall refer to the species contained therein by scientific and common name, if any, and shall specify with respect to each such species over what portion of its range it is threatened with extinction.
(b) Except with respect to species of wildlife determined to be endangered or threatened pursuant to the endangered species act, the executive director shall, upon petition of an interested person who presents substantial evidence that warrants a review, conduct a review of any listed or unlisted species proposed to be removed from or added to the lists published pursuant to this paragraph. The executive director shall give public notice of the review.
Citation: N.H. Rev. Stat. § 212-A:6.
The executive director shall publish or disseminate any scientific data to organizations representing farmers and other landowners whose land includes habitat used by any endangered or threatened species, indicating that action is contemplated to preserve said species. This information shall be made available as soon as possible and well in advance of any action taken under this chapter to preserve the endangered or threatened species.
Citation: N.H. Rev. Stat. § 212-A:14.
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 the loss, drastic modification, or severe curtailment of their habitats, their over-collection for aesthetic, commercial, educational, recreational, or scientific purposes, the effect on such species of disease, pollution, or predation, or other factor or combination of factors, natural or manmade.
II. The department, with the advice of the Natural Areas Council, shall make determinations required by paragraph I solely on the basis of the best scientific and commercial information available and after appropriate consultation with federal agencies, other interested state agencies, other states which have a common interest in the species, and interested persons and organizations. In determining whether any species of plant shall be a protected species, the department shall consider any present or future actions by the federal government, other states, agencies or political subdivisions of this state, or by any other person that may affect the species under consideration.
III. The department shall, by September 1, 1994, publish the rules adopted under RSA 541-A, including the natural heritage inventory. Such a list shall refer to the listed species by scientific and common name or names, if any.
IV. Excepting those species of plants determined to be endangered or threatened pursuant to the Endangered Species Act, the department shall determine whether any plant species should be listed as a protected species upon presentation of substantial evidence in the petition of any interested party. The department shall review each species listed as an endangered species or as a threatened species every 5 years to determine if the conditions that led to the original listing are still present.
Citation: N.H. Rev. Stat. § 217-A:5.