146.610 Duties of Office of Kentucky Nature Preserves -- Authority for
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/ky/146-610A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
administrative regulations -- Criteria for designation of plants as endangered
or threatened -- Plant lists -- Quadrennial report.
(1)The office 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 office may promulgate
administrative regulations, upon recommendation of the office, 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 cabinet may, upon recommendation of the office, 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 cabinet may, upon recommendation of the office,
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 office 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.
(3)Locational and population health information relating to endangered or threatened
and other plant species shall be kept in the office'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)The office shall present to the Governor and the General Assembly a report on or
before October 1 every four
(4)years on the conditions and needs of the
Commonwealth's endangered or threatened plant species.
(5)In carrying out programs authorized by KRS 146.600 to 146.619, the office 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.