Rule 391-4-10-.03 - Determination of Protected Species(1) Criteria. The criteria for the determination as to whether any resident species is an endangered, threatened, rare, or unusual species are as follows: (a) The present or threatened destruction, modification or curtailment of its habitat.(b) Overutilization for commercial, sporting, scientific, or educational purposes.(c) Disease or predation.(d) The inadequacy of existing regulatory mechanisms.(e) Other natural or man-made factors affecting its continued existence.(2) Procedures. General procedures for modifying the state "protected species" list are as follows: (a) Any member of the public may nominate a species for consideration. An application for nomination, in the form prescribed by the Department, must be submitted to the Department with all supporting data.(b) If the Department determines that review is warranted, additional data is solicited from all relevant sources and notice of the nomination is published in the Department news release.(c) All available scientific and commercial data is evaluated by the Department and tentative determination is made regarding the status of the nominated species.(d) If the nominated species is determined by the Department not to warrant review or not to be endangered, threatened, rare or unusual, the person making the nomination is notified in writing of such determination.(e) If the nominated species is tentatively determined by the Department to be endangered, threatened, rare, or unusual, public notice is given by publishing the proposal in the Department news release and by any other method required by the Georgia Administrative Procedures Act (Ga. Laws, p. 338 et seq.) as amended. The Department shall also distribute a public notice to all persons who have requested to be placed on the mailing list. Such request shall be made in writing and shall be renewed in December of each year. Failure to renew the request shall result in the removal of such name from the mailing list.(f) A minimum of 20 days is allowed for public comment, during which time a public hearing may be requested pursuant to the Georgia Administrative Procedure Act.(g) The Department considers public comment and, if necessary, compiles and analyzes additional data.(h) The Department will submit its recommendation to the Board of Natural Resources no later than one year after the initial nomination of the species.(i) The Board will then determine appropriate classification of nominated species by either adopting, modifying and adopting, or rejecting the submitted classification.(3) General Procedures for deleting a species from the state "protected species" list are as follows: (a) Any member of the public, or the Department on its own initiative, may propose that a protected species be deleted from the state protected species list.(b) If the Department determines that review of such proposed deletion is warranted, additional data is solicited from all relevant sources and notice of the proposed deletion is published in the Department news release.(c) All available scientific and commercial data is evaluated by the Department and tentative determination is made regarding the status of the species proposed for deletion.(d) If the species proposed for deletion is determined by the Department not to warrant review the person making the nomination is notified in writing of such determination.(e) If a species proposed for deletion has been tentatively determined by the Department as appropriate for deletion from the list as endangered, threatened, rare, or unusual, public notice is given by publishing the proposal in the Department news release and by any other method required by the Georgia Administrative Procedures Act as amended. The Department shall also distribute a public notice to all persons who have requested to be placed on the mailing list. Such request shall be made in writing and shall be renewed in December of each year. Failure to renew the request shall result in the removal of such name from the mailing list.(f) A minimum of 20 days is allowed for public comment, during which time a public hearing may be requested pursuant to the Georgia Administrative Procedure Act.(g) The Department considers public comment and, if necessary, compiles and analyzes additional data.(h) The Department will submit its recommendation to the Board of Natural Resources no later than one year after the initial proposal for deletion of the species.(i) The Board will then determine whether the species proposed for deletion should be deleted or its current classification modified.Ga. Comp. R. & Regs. R. 391-4-10-.03
Ga. Law 1973, p. 932, O.C.G.A. Secs. 12-6-172, 27-3-132.
Original Rule entitled "Determination of Protected Species" was filed on August 5, 1976 as Rule 391-4-13-.03; effective August 25, 1976.Amended: Rule renumbered as 391-4-10-.03. Filed December 22, 1980; effective January 11, 1981.Amended: F, Nov. 4, 1992; eff. Nov. 24, 1992.