Biological Diversity Policy

North Carolina does not have a formal biodiversity policy. However, the policy of the Natural Heritage Program is to identify and facilitate the protection of natural areas that are important to the state's diversity. (N.C. Admin. Code tit. 15A, r. 12H. 0101 et seq.)

Status of Biodiversity Science

North Carolina does not have a coordinated assessment system in place. The state utilizes a Natural Heritage database and GAP. The Natural Heritage database has 17,000 records, making it one of the largest in the country. GAP was scheduled to begin in 1995. In addition, the Nongame Program of the Wildlife Resources Commission has an assessment program.

Endangered Species

North Carolina has separate laws to protect plants and animals. (N.C. Gen. Stat. 113-331 et seq; 106-202.12) The law protecting animals covers all vertebrates and selected invertebrates. Listing is based on scientific and economic data. The law does not require recovery plans, critical habitat designation or agency consultation. Violations constitute a misdemeanor.

The Plant Protection and Conservation Act lists plants based on scientific and economic data. (N.C. Gen. Stat. 106-202.12) No other protection mechanisms exist.

State Agency Management for Biodiversity

State-owned Lands

A few state agencies plan and manage their lands in a biologically sustainable manner. The Wildlife Resources Commission manages about two million acres of land for hunting and fishing, though not for biodiversity. A Coastal Area Management System was created to preserve and manage coastal areas "to safeguard and perpetuate their natural productivity and their biological, economic and aesthetic values." (N.C. Gen. Stat. 113A-102) In addition, the State Parks System is managed to preserve representative examples of the state's natural heritage.

Cooperative Efforts

Some cooperative management efforts exist, based primarily on the state's land use policy which coordinates government agencies responsible for controlling land use. In addition, the State Nature Preserves Act provides for cooperation with private landowners, organizations, federal and other state agencies. (N.C. Gen. Stat. 9,113A- 164.1 et seq.) North Carolina is also a member of the Atlantic States Marine Fisheries Compact which attempts to regulate commercial fisheries along the Atlantic coast.

State Agency Training

North Carolina has programs of outdoor education for staff that include discussion of the value of biological diversity and the importance of protecting it.

Impact Assessment

North Carolina has a "little NEPA," requiring assessment of major proposed agency impacts on biological resources. (N.C. Gen. Stat. 113A-1 et seq.) The State Environmental Policy Act calls for an environmental impact analysis of any state action involving public expenditures or use of public land significantly affecting the quality of the environment. Other assessment measures for specific projects also exist.

Habitat Acquisition

North Carolina has some programs designed to acquire lands important because of wildlife values. For example, the Natural Heritage Trust Fund provides funds to state agencies for acquisition and inventory of natural areas using monies from a trust fund containing revenues from license plate sales and a deed stamp tax. A State Parks Act acquires lands that are representative of the state's natural diversity. (N.C. Gen. Stat. 113-44.7 et seq.) In 1996, a permanent fund will begin dispensing up to $18 million yearly in real estate transfer tax receipts for expansion of the state parks system and acquisition of natural areas and game lands.

Private Land Conservation

North Carolina has several mechanisms to preserve private land. The Natural Heritage Program facilitates the protection of private land through planning, management assistance and dedication of land as a natural area. In addition, a Forest Stewardship Program works with private landowners to better manage forested lands. Conservation easements are authorized by statute, and a tax credit is allowed for property donated for land conservation purposes. (N.C. Gen. Stat. 105-151.12; 105-130.34)

Exotic Species

North Carolina has some provisions to control the introduction and spread of exotic species. The North Carolina Biological Organism Act regulates the importation, rearing, sale and release of insects, parasites, predators and other organisms in the state. (N.C. Gen. Stat. 106-65.45 et seq.) In addition, it is unlawful to release exotic species for hunting or trapping. (N.C. Gen. Stat. 113-292) Regulations specifically forbid the introduction of live exotic aquatic animals or plants into coastal waters. (N.C. Admin code tit. 15A, r.31.0004) Seed and plant laws cover the sale and transportation of noxious weeds and plant pests. The North Carolina Seed Law prohibits the transport or sale of agricultural or vegetable seeds containing noxious weed seeds. (N.C. Gen. Stat. 106-277.5 et seq.) The Vegetable Plant Law requires vegetable plants to be free from pests before sale or planting. Finally, the Aquatic Weed Control Act regulates noxious aquatic weeds. (N.C. Gen. Stat. 113A-221 et seq.)

Predator or Animal Damage Control Activities

North Carolina's animal damage control program is operated in conjunction with the federal government, with all functions performed together. In addition, the state has a beaver control program that allows the use of snares.

Additional Legal Protections for Biodiversity

The state constitution requires the preservation of the state's forests, wetlands, estuaries, beaches, historical sites, open lands and places of beauty. (N.C. Const. art XIV, 5)

Related Issues

North Carolina has several environmental education programs, including Project WILD. The state published a wildlife viewing guide in 1992.

North Carolina has a statewide land use policy. (N.C. Gen. Stat 133A-151) Goals of the policy include developing and maintaining coordination of state programs having land use impacts.

North Carolina does not currently have a takings law. A bill was introduced into the 1995 legislative session but was not heard.

Contacts:

Cooperative Extension Service
North Carolina State University
Box 7602
Raleigh, NC 27695
919-515-2811

Department of Agriculture
P.O. Box 27647
Raleigh, NC 27611
919-733-7125

Dcpartment of Environment,
Health and Natural Resources
P.O. Box 27687
Raleigh, NC 27611
919-733-4984

Wildlife Resources Commission
Archdale Bldg.
512 N. Salisbury St.
Raleigh, NC 27604-1188
919-733-3391