Sec. 26-308. Treatment of species not listed as endangered or threatened as endangered or threatened species.
156 words·~1 min read·
/ct/title-26/chapter-495-endangered-species/26-308·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to treat a species not listed as endangered or threatened pursuant to section 26-306 as an endangered or threatened species if he finds that:
(1)Such species so closely resembles a species listed as endangered or threatened that enforcement personnel would have substantial difficulty in attempting to differentiate between it and the listed species;
(2)the effect of such substantial difficulty is an additional threat to the endangered or threatened species; and
(3)treatment of the unlisted species as an endangered or threatened species would substantially facilitate enforcement and further the policy state in section 26-303 .
(b)The regulations may include a provision to allow a person to conduct an activity which affects a species that resembles an endangered or threatened species if the person can demonstrate to the commissioner that the activity does not affect the endangered or threatened species.