1. (a) Pursuant to RSA 212-A:9, III, the department shall review the information submitted by the applicant to determine whether the activities in the proposed project:

   1. (1) Are designed to avoid, minimize, and mitigate harm to threatened and endangered wildlife species and critical habitat, including a violation of RSA 212-A:7; and
   2. (2) Will not appreciably jeopardize the continued existence of a threatened or endangered wildlife species or result in the destruction or modification of critical habitat of such species.

2. (b) The department shall issue an ecological review decision containing:

   1. (1) The conservation measures recommended to meet the standard in (a), above, or indicating whether the project will not meet the standard in (a), above, even with conservation measures; and
   2. (2) Any conservation measures recommended to prevent violations of RSA 212-A, RSA 209:8, RSA 209:9, Fis 1401.02, Fis 1401.03, and RSA 217-A.
3. (c) If the department does not complete the ecological review and issue the ecological review decision within the timelines required in Env-C 804.03, the applicant may proceed with the project as proposed, including with the proposed conservation measures. Applicants shall ensure compliance with state law protecting wildlife and plants, including but not limited to RSA 212-A:7, RSA 209:8, RSA 209:9, and RSA 217-A:9.

Source. #14473, eff 1-19-26, EXPIRES: 1-19-36