Sec. 26-308. Treatment of species not listed as endangered or threatened as endangered or threatened species.
Sec. 26-308. Treatment of species not listed as endangered or threatened as
endangered or threatened species. (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.
(P.A. 89-224, S. 6, 22.)