Construction with Endangered Species Act
(a) Any species of wildlife or plant determined to be endangered species pursuant to the Endangered Species Act shall be deemed to be an endangered species under the provisions of this subtitle and any species of wildlife or plant determined to be a threatened species pursuant to the Endangered Species Act shall be deemed to be a threatened species under the provisions of this subtitle. The Secretary may determine, in accordance with this section, that any threatened species is an endangered species throughout all or any portion of the range of the species within the State.
Factors in determining whether species is endangered or threatened
(b) In addition to the species deemed to be endangered or threatened pursuant to the Endangered Species Act, the Secretary, by regulation, shall determine whether any species of wildlife or plant normally occurring within the State is an endangered or threatened species due to any of the following factors:
(1) The present or threatened destruction, modification, or curtailment of its habitat or range;
(2) Overutilization for commercial, sporting, scientific, educational, or other purposes;
(3) Disease or predation;
(4) The inadequacy of existing regulatory mechanisms; or
(5) Other natural or manmade factors affecting its continued existence within the State.
Determinations by Secretary
(c) The Secretary shall make determinations required by subsection (b) of this section on the basis of the best scientific, commercial, and other data available to and after consultation, as appropriate, with federal agencies, other interested State agencies, other states having a common interest in the species, and interested persons and organizations. In determining whether any species of wildlife or plant is an endangered species or a threatened species, the Secretary shall take into consideration any actions being carried out or about to be carried out by the federal government, other states, other agencies of this State, or political subdivisions, or by any other person which may affect the species under consideration.
Addition or removal of species from list
(d) Except with respect to species of wildlife or plants determined to be endangered or threatened species under the provisions of subsection (a) of this section, the Secretary may not add a species to nor remove a species from any list published unless the Secretary first:
(1) Publishes a public notice of the proposed action;
(2) Furnishes notice of the proposed action to the Governor of any state sharing a common border with the State and in which the subject species is known to exist; and
(3) Allows at least 30 days following publication for comment from the public and other interested parties.
Emergency situations
(e) Notwithstanding the provisions of subsection (d) of this section, if the Department determines that an emergency situation exists involving the continued existence of the species as a viable component of the State's wildlife or plants, the Department may add the species to the lists if the Department publishes a public notice that an emergency situation exists together with a summary of facts which support this determination.
Regulations containing list of endangered or threatened species
(f) The Secretary shall adopt regulations containing a list of all species of wildlife and plants normally occurring within the State determined to be endangered species and a list of all species determined to be threatened species. Each list shall refer to the species by scientific and common names and shall specify with respect to each species over what portion of its range it is endangered or threatened.
Citation: MD Code, Natural Resources, § 10-2A-04.
Construction with Endangered Species Act
(a) Except with respect to species of wildlife or plants determined to be endangered or threatened pursuant to the Endangered Species Act, the Secretary, upon the petition of an interested person, shall conduct a review of any listed or unlisted species proposed to be removed from or added to the lists published pursuant to § 10-2A-04(f) of this subtitle, if the Secretary publishes public notice that the person has presented substantial evidence which warrants a review.
Regulations relating to conservation of species
(b) When any species of wildlife or plant is listed as a threatened species pursuant to § 10-2A-04(f) of this subtitle, the Secretary shall adopt regulations necessary and advisable to provide for the conservation of the species. The Secretary, by regulations, may prohibit with respect to any threatened species of wildlife or plant any act prohibited under subsection (c) of this section.
Citation: MD Code, Natural Resources, § 10-2A-05.
Application of Endangered Species Act
(a) Any species of fish determined to be an endangered species pursuant to the Endangered Species Act1 shall be deemed to be an endangered species under the provisions of this subtitle and any species of fish determined to be a threatened species pursuant to the Endangered Species Act shall be deemed to be a threatened species under the provisions of this subtitle. The Secretary may determine, in accordance with this section, that any threatened species is an endangered species throughout all or any portion of the range of the species within the State.
Endangered or threatened determinations
(b) In addition to the species deemed to be endangered or threatened pursuant to the Endangered Species Act, the Secretary, by rule or regulation, shall determine whether any species of fish normally occurring within the State is an endangered or threatened species due to any of the following factors:
(1) The present or threatened destruction, modification, or curtailment of its habitat or range;
(2) Overutilization for commercial, sporting, scientific, educational, or other purposes;
(3) Disease or predation;
(4) The inadequacy of existing regulatory mechanisms; or
(5) Other natural or manmade factors affecting its continued existence within the State.
Basis for determinations
(c) The Secretary shall make determinations required by subsection (b) of this section on the basis of the best scientific, commercial, and other data available and after consultation, as appropriate, with federal agencies, other interested State agencies, other states having a common interest in the species, and interested persons and organizations. In determining whether any species of fish is an endangered species or a threatened species, the Secretary shall take into consideration any actions being carried out or about to be carried out by the federal government, other states, other agencies of this State, or political subdivisions, or by any other person, which may affect the species under consideration.
Changes to endangered or threatened species lists
(d) Except with respect to species of fish determined to be endangered or threatened species under the provisions of subsection (a) of this section, the Secretary may not add a species to nor remove a species from any list published unless he first:
(1) Publishes a public notice of the proposed action;
(2) Furnishes notice of the proposed action to the Governor of any state sharing a common border with this State and in which the subject species is known to exist; and
(3) Allows at least 30 days following publication for comment from the public and other interested parties.
Emergency determinations
(e) Notwithstanding the provisions of subsection (d) of this section, if the Department determines that an emergency situation exists involving the continued existence of the species as a viable component of the State's fish population it may add the species to the lists if it publishes a public notice that an emergency situation exists together with a summary of facts which support this determination.
Rules and regulations
(f) The Secretary shall adopt rules and regulations containing a list of all species of fish normally occurring within the State determined to be endangered species and a list of all species determined to be threatened species. Each list shall refer to the species by scientific and common names and shall specify with respect to each species over what portion of its range it is endangered or threatened.
Citation: MD Code, Natural Resources, § 4-2A-04.
Duty of Secretary
(a) Except with respect to species of fish determined to be endangered or threatened pursuant to the Endangered Species Act, the Secretary, upon the petition of an interested person, shall conduct a review of any listed or unlisted species proposed to be removed from or added to the lists published pursuant to § 4-2A-04(f) of this subtitle, if he makes and publishes a public notice that the person has presented substantial evidence which warrants a review.
Regulations (b)
When any species of fish is listed as a threatened species pursuant to § 4-2A-04(f) of this subtitle, the Secretary shall adopt regulations necessary and advisable to provide for the conservation of the species. The Secretary, by regulation, shall prohibit with respect to any threatened species of fish any act prohibited under subsection (c).
Citation: MD Code, Natural Resources, § 4-2A-05.