1. (a) Any person may apply for a written variance to allow for temporary scientific use of prohibited invasive species for the collection, transportation, cultivation, transplantation, or propagation of prohibited invasive species provided the species shall not be:

   1. (1) Sold;
   2. (2) Distributed; or
   3. (3) Allowed to escape.

2. (b) The approved use of the invasive species shall not result in any of the following:

   1. (1) Environmental impacts;
   2. (2) Economic damage; or
   3. (3) Cause harm to human health.

3. (c) Applicants shall submit a completed variance request form to the department with the following information:

   1. (1) Applicant’s name, phone number, and mailing address;
   2. (2) Business/affiliation’s name, phone number, and mailing address;
   3. (3) Scientific name;
   4. (4) Common name;
   5. (5) Synonym(s);
   6. (6) Cultivar(s);
   7. (7) Taxonomic family;
   8. (8) Country or state in which species is native;
   9. (9) Cultural requirements;
   10. (10) Temperature or climatic requirements;
   11. (11) Sexual, asexual, or both reproductive methods;
   12. (12) Purpose and need statement;
   13. (13) Quantity and type of species such as plants, seeds, propagules, mature insects, larvae, eggs, etc.;
   14. (14) Collection site, or source of species material;
   15. (15) Project location, including a site map and a description of the habitat and adjacent land use where species will be held;
   16. (16) Duration of project including starting and ending dates;
   17. (17) Method of disposal; and
   18. (18) Precautionary measures taken to prevent the species escape.
4. (d) Applications that are incomplete shall be deemed incomplete and a notice identifying the deficiencies shall be sent to the applicant.
5. (e) Applications that do not meet the department rules shall be denied and a notice shall be sent to the applicant.
6. (f) Persons holding an approved written variance shall, within 30 days of the completion of the project, submit written notification to the department describing results of the project.
7. (g) The approved variance from the department shall be nontransferable.

Source. #8070, eff 6-1-04; ss by #9228, eff 8-6-08; ss by #12084, eff 1-9-17