Section 0400-06-02-.03 - PROMULGATION OF LISTS(1) Criteria for listing a rare plant as endangered, threatened, or of special concern, shall be primarily, but not limited to, the following: (a) Distribution of the species in Tennessee and throughout its range;(b) Number of populations in Tennessee and throughout the species' range;(c) Size of populations relative to estimates of minimal viable populations for the species;(e) Known or perceived threats to the species and its habitats;(f) Number of protected populations;(g) Difficulty of adequately protecting or managing habitats for the species' survival; and(h) Biological factors relating to such things as the species' ability to reproduce, respond to disturbance, or its dependence on other species that also may be in jeopardy.(2) Any interested person may nominate a plant species for listing as endangered, threatened, or special concern status or recommend changes in status or removal of species from the current rare plant list promulgated under the Act.(3) A Scientific Advisory Committee of twelve (12) botanists knowledgeable about the state's flora shall serve at the Commissioner's request to periodically review the rare plant list and consider nominations for changes to it. This group shall meet at least once every three (3) years. Reimbursement for travel and per diem expenses shall be offered by the Department at current state rates.(4) A public hearing shall be held prior to the addition or deletion of a species to or from the endangered or threatened species lists.(5) The Department shall submit its proposed list of endangered species or any amendments to it to the Commissioner of the Department of Agriculture for his concurrence.(6) Copies of the current list of endangered species or the list of threatened or special concern species shall be made available, upon request, by the Department of Environment and Conservation, Division of Natural Areas, Davy Crockett Tower, Floor 8, 500 James Robertson Parkway, Nashville, Tennessee 37243.Tenn. Comp. R. & Regs. 0400-06-02-.03
Original rule filed May 13, 1986; effective June 12, 1986. Amendment filed July 14, 1999; effective September 27, 1999. Repeal and new rule filed May 30, 2008; effective August 13, 2008. Amendment filed September 26, 2011; effective December 25, 2011. Amendments filed July 24, 2024; effective 10/22/2024.Authority: T.C.A. §§ 4-5-201, et seq., 70-8-301, et seq., and 70-8-305; and Chapter 242, Public Acts of 1985.