§150A-6 Soil, plants, animals, etc., importation or possession prohibited. (a) No person shall transport, receive for transport, or cause to be transported to the State, for the purpose of debarkation or entry thereinto, any of the following:
(1) Soil; provided that limited of soil may be imported into the State for experimental or other scientific purposes under permit with conditions prescribed by the department;
(2) Rocks, plants, plant products, or any article with soil adhering thereto;
(3) Any live snake, flying fox, fruit bat, Gila monster, injurious insect, or eels of the order Anguilliformes, or any other animal, plant, or microorganism in any stage of development that is detrimental or potentially harmful to agriculture, horticulture, animal or public health, or natural resources, including native biota, or has an adverse effect on the environment as determined by the board, except that, notwithstanding the list of animals prohibited entry into the State, the department may bring into and maintain in the State one live, sterile brown tree snake of the male sex for the purpose of research or training of snake detector dogs, and, further, that a government agency may bring into and maintain in the State not more than two live, nonvenomous snakes of the male sex solely for the purpose of exhibition in a government zoo, but only after:
(A) The board is presented with satisfactory evidence that the sex of the snakes was established to be male prior to the shipment; and
(B) The gives written approval conditioned upon such terms as the board may deem necessary, which terms shall include measures to assure the prevention of escape, continuing supervision and control by the board with respect to any department import under this paragraph, and the manner in which the snakes shall be disposed of or destroyed.
In case of the death of one or more snakes, the department or government agency may import and maintain replacements subject to the conditions described in this paragraph; and
(4) Any live or dead honey bees, or used bee equipment that is not certified by the department to be free of pests; provided that nothing in this paragraph shall be construed to prohibit the importation of bee semen.
(b) The board shall maintain:
(1) A list of conditionally approved animals that require a permit for import into the State;
(2) A list of restricted animals that require a permit for both import into the State and possession; and
(3) A list of animals that are prohibited entry into the State;
provided that the board shall adopt rules, pursuant to chapter 91, to establish an ad hoc panel of no fewer than three members with applicable expertise in vertebrate biology to identify whether an animal is a prohibited hybrid animal when the department suspects that the lineage of the animal is not as stated by the owner or on other official documents.
Animals on the lists of conditionally approved and restricted animals shall be imported only by permit. Any animal that is not on the lists of conditionally approved, restricted, or prohibited animals shall be prohibited until the board's review and determination for placement on one of these lists; provided that the department may issue a special permit on a case-by-case basis for the importation and possession of an animal that is not on the lists of prohibited, restricted, or conditionally approved animals, for the purpose of remediating medical emergencies or agricultural or ecological disasters, or conducting medical or scientific research in a manner that the animal will not be detrimental to agriculture, the environment, or humans if the importer of the animal can meet permit requirements as determined by the board; and provided further that the department may issue a short-term special permit on a case-by-case basis not to exceed ninety days for the importation and possession of an animal that is not on the list of prohibited, restricted, or conditionally approved animals for the purpose of filming, performance, or exhibition if the importer of the animal can meet permit and bonding requirements as determined by the board.
(c) The board shall maintain:
(1) A list of nonrestricted microorganisms allowed entry into the State without a permit but which are subject to the notification, labeling, and inspection requirements of section 150A-5;
(2) A list of restricted microorganisms that require a permit for import into the State and possession, except as otherwise provided in part V; and
(3) A list of microorganisms that are prohibited entry into the State, except that the department may issue an emergency permit on a case-by-case basis to a state or federal agency or state university for the import and possession of a microorganism on the list of prohibited microorganisms for the purpose of remediating medical emergencies or agricultural or ecological disasters pursuant to the board's determination that:
(A) An emergency or disaster exists; and
(B) The importer is able to meet permit requirements consistent with Centers for Disease Control and Prevention and National Institutes of Health guidelines or other guidelines as determined by the board.
No emergency permit may be issued until the board, without regard to rule requirements for advisory review, obtains advice from qualified persons with relevant expertise.
Except as otherwise provided in part V, any microorganism that is not on the lists of nonrestricted, restricted, or prohibited microorganisms may not enter the State until the board's review and determination for placement on one of those lists; provided that pending the listing by rule of an unlisted microorganism determined by the board to be allowed for import, the department may issue a special permit on a case-by-case basis for the import and possession of the microorganism for purposes approved by the board if the microorganism is to be used in a manner that will not be detrimental to agriculture, horticulture, the environment, animals, and humans, and if the importer is able to meet conditions established by the board.
(d) Except as otherwise provided herein, all permits referenced in this section shall be issued pursuant to rules. Any violation of the conditions listed on the permits shall be a violation of this section.
(e) The board shall maintain a list of restricted plants and a list of prohibited plants. Restricted plants shall not be imported into the State without a permit issued pursuant to rules, and any violation of the conditions listed on the permit shall be a violation of this section.
The department of agriculture shall designate specific plants that may spread or may be likely to spread an infestation or infection of an insect, pest, or disease that is detrimental or potentially harmful to agriculture, horticulture, animal or public health, or natural resources including native biota, or may have an adverse effect on the environment as determined by the board. These plants are to be designated by rule as restricted plants. In addition, plant species designated by rule as noxious weeds are designated as restricted plants.
(f) No person shall possess, propagate, sell, transfer, or harbor any plant, animal, or microorganism included on the list or lists of prohibited plants, animals, and microorganisms maintained by the board under this section, except as allowed by the board upon a determination that the species:
(1) Was initially permitted entry and later prohibited entry into the State; or
(2) Was continually prohibited but unlawfully introduced and is currently established in the State; and
(3) Is not significantly harmful to agriculture, horticulture, animal or public health, and the environment.
Under the circumstances described in this subsection, the board may permit possession of the individual plant, animal, or microorganism through its registration with the department while still prohibiting the same species of plant, animal, or microorganism from importation, propagation, transfer, and sale.
(g) Without regard to the notice and public hearing requirements of chapter 91, the board may adopt rules to make additions to or deletions from the lists required to be maintained in subsections (b), (c), and (e); provided that the board shall adopt rules pursuant to chapter 91 to establish methods to obtain public input and to notify the public as to any additions to or deletions from the lists required under subsections (b), (c), and (e). [L 1973, c 69, pt of §1; am L 1974, c 232, §2; am L 1985, c 133, §2 and c 179, §2; am L 1990, c 243, §4; am L 1994, c 48, §1; am L 1996, c 153, §4; am L 1997, c 63, §2; am L 1998, c 10, §1, c 28, §1, and c 244, §1; am L 1999, c 21, §1 and c 177, §3]