Sec.26-306-7. Petitions to add or remove a species from the lists of endangered species, threatened species, or species of special concern, or to add or remove an area identified as an essential habitat

(a) In accordance with sections 4-174 and 26-306 of the General Statutes and section 22a-3a-1 of the Regulations of Connecticut State Agencies, any person may petition the Commissioner to add or remove a species from the list of endangered species, threatened species, or species of special concern set forth in sections 26-306-4, 26-306-5 and 26-306-6 of the Regulations of Connecticut State Agencies, or to add or remove an area identified by the Commissioner as an essential habitat for an endangered or threatened species. The burden of proof for listing or delisting species or essential habitats shall be on the person requesting such listing or delisting.

(b) In addition to the information required by section 4-174 of the General Statutes and section 22a-3a-1 of the Regulations of Connecticut State Agencies, a petition under this section shall set forth facts demonstrating why the species or habitat at issue should be added or removed. A petition shall be on a form provided by the Commissioner and shall contain at least the following information:

(1) The petitioner's name, address, telephone number, and signature; and the date of the petition;

(2) The objective of the petition;

(3) For a petition to list a species as endangered, threatened, or of special concern:

(A) The common and scientific name of the species at issue;

(B) The list for which the species is proposed; and

(C) A detailed justification for listing the species as proposed, including without limitation past and present population and distribution in (i) Connecticut and (ii) throughout its range, and any known or suspected threats to its numbers in Connecticut.

(4) For a petition to remove a species from the list of endangered species, threatened species, or species of special concern:

(A) The common and scientific name of the species at issue;

(B) The list from which the delisting of the species is proposed; and

(C) A detailed justification for delisting the species, including without limitation any changes in population and distribution in (i) Connecticut and (ii) throughout its range, and in any known or suspected threats to its numbers in Connecticut.

(5) For a petition to add an area to those identified by the Commissioner as essential habitat for an endangered or threatened species:

(A) The common and scientific name of the species for which the area is claimed to be essential habitat; and

(B) A detailed justification for adding the area, including without limitation a description of the area's physical and biological features, location, and ownership; the nature of the species' use or potential use of the area; any known or suspected threats to the area or the species' continued or potential use of the area; and the relative abundance of similar such areas (i) in Connecticut and (ii) throughout the range of the species and the geographic relationship of the area at issue to such other similar areas.

(6) For a petition to remove an area from those identified by the Commissioner as essential habitat for an endangered or threatened species:

(A) The common and scientific name of the species for which the area is listed as essential habitat; and

(B) A detailed justification for removing the area, including without limitation a description of the area's physical and biological features, location, and ownership; a discussion of any changes in the nature of the species' use or potential use of the area; any known or suspected threats to the area or the species' continued or potential use of the area; and the relative abundance of similar such areas (i) in Connecticut and (ii) throughout the range of the species and the geographic relationship of the area at issue to such other similar areas.

(7) Copies of or citations to all scientific studies and other documentation which are relevant to the petition and known to the petitioner.

(c) Although the Commissioner will act on a petition containing the information set forth above, nothing in this section shall preclude the Commissioner from requesting information in addition to that initially provided by a petitioner.

(Effective March 23, 1992)