5.__Designation by Legislature.__The Legislature may not amend the list of endangered or threatened species in subsection 3 except upon the recommendation of the commissioner.

§12804. Conservation of endangered species

1.__Conservation of nongame and endangered species. The commissioner may establish such programs as are necessary to bring any endangered or threatened species to the point where it is no longer endangered or threatened, including:

A.__Acquisition of land or aquatic habitat or interests in land or aquatic habitat;

B.__Propagation;

C.__Live trapping;

D.__Transplantation.__Prior to the transplantation, introduction or reintroduction of an endangered or threatened species in the State, the commissioner shall, in conjunction with the Atlantic Salmon Commission, when appropriate, develop a recovery plan for that species, conduct a public hearing on that recovery plan pursuant to Title 5, Part 18 and submit that plan to the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters.__The introduction or reintroduction of that species must be conducted in accordance with the recovery plan developed under this paragraph and may not begin sooner than 90 days after all conditions of this paragraph have been met; and

E.__In the extraordinary case where population pressures within a given group ecosystem can not be otherwise relieved, regulated taking.

2.__Habitat.__For species designated as endangered or threatened under this subchapter the commissioner may, by rule, pursuant to Title 5, chapter 375, identify areas currently or historically providing physical or biological features essential to the conservation of the species and that may require special management considerations.

3.__Protection guidelines.__The commissioner may, by rule, pursuant to Title 5, chapter 375, develop guidelines for the protection of species designated as endangered or threatened under this subchapter.