(a) Only the individuals named on a scientific plant
permit are authorized to conduct the activities authorized by a permit
issued under this chapter.
(b) Qualifications. A scientific plant permit shall
be issued only to a person who provides evidence to the department's
satisfaction that:
(1) there exists a legitimate scientific need to conduct
research and that the information obtained will benefit the department
in the management of the target species;
(2) the research would not substantially or unnecessarily
duplicate existing research conducted under other permits issued under
this subchapter;
(3) the applicant possesses or has access to facilities
to properly care for the permitted plants;
(4) the applicant possesses a degree or certification
in a botanical or horticultural discipline or possesses letters of
recommendation from two acknowledged authorities in a botanical or
horticultural discipline; and
(5) the proposed research follows generally accepted
principles of experimental design.
(c) Application requirements. Prior to permit issuance,
an applicant for a scientific plant permit shall submit to the department:
(1) a completed application on a form supplied by the
department;
(2) a letter of recommendation from each of two people
in the field of botany or horticulture attesting to the professional
status or competence that qualifies the applicant to conduct the proposed
research;
(3) a letter of permission from an agency or entity
to take plants on lands under the jurisdiction of the agency or entity;
and
(4) the name of each person assisting in the collecting
and transporting of endangered, threatened, or protected plants.
(d) Special provisions.
(1) A permit may be amended at any time during the
permit year to reflect changes in the propagation, educational, or
scientific studies of the permittee, provided the amendment satisfies
the criteria set forth in subsection (b) of this section.
(2) While conducting any permit activities on public
lands, each person named on a permit shall carry copies of the permit
and the letter of permission required by subsection (c)(3) of this
section, and shall produce such documents upon demand by a game warden.
(3) Specimens collected under a scientific plant permit
may not be sold or bartered.
(4) Persons engaged in the selling or holding for sale
of native plants designated as endangered, threatened or protected
are prohibited from holding a scientific plant permit.
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