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§ 10-2A-05. Review of threatened or endangered species lists

West's Annotated Code of MarylandNatural Resources

West's Annotated Code of Maryland
Natural Resources
Title 10. Wildlife (Refs & Annos)
Subtitle 2a. Nongame and Endangered Species Conservation Act (Refs & Annos)
MD Code, Natural Resources, § 10-2A-05
§ 10-2A-05. Review of threatened or endangered species lists
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,1 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.
Prohibited actions relating to endangered wildlife species
(c) Except as provided in subsection (f) of this section and § 10-2A-05.1 of this subtitle, with respect to any endangered species of wildlife, a person may not:
(1) Export the species from the State;
(2) Take the species within the State;
(3) Possess, process, sell or offer for sale, deliver, carry, transport, or ship the species by any means; or
(4) Violate any regulation pertaining to the conservation of the species or to any threatened species of wildlife listed pursuant to this subsection and adopted by the Secretary pursuant to authority provided by this section.
Prohibited actions relating to endangered plant species
(d) Except as provided in subsection (f) of this section, with respect to any endangered species of plant, a person may not:
(1) Export the species from the State;
(2) Possess, process, sell, offer for sale, deliver, carry, transport, or ship the species by any means; or
(3) Violate any regulation pertaining to the species or to any threatened species of plant listed pursuant to § 10-2A-04(f) of this subtitle and adopted by the Secretary.
Federal permits, permits from other states
(e) Any endangered species of wildlife or plant which enters the State from another state or from a point outside the territorial limits of the United States and which is transported to a point within or beyond the State may enter and be transported without restriction in accordance with the terms of any federal permit or permit issued under the laws or regulations of another state.
Actions for scientific purposes or to enhance propagation or survival
(f) The Secretary may permit, under the terms and conditions he prescribes, any act otherwise prohibited by subsections (c) and (d) of this section for scientific purposes or to enhance the propagation or survival of the affected species.

Credits

Added by Acts 1975, c. 127, § 2, eff. July 1, 1975. Amended by Acts 1990, c. 6, § 2, eff. Feb. 16, 1990; Acts 2005, c. 406, § 1, eff. Oct. 1, 2005.

Footnotes

Pub.L. 93-205, Dec. 28, 1973, 87 Stat. 884, codified at 16 U.S.C.A. § 1531 et seq.
MD Code, Natural Resources, § 10-2A-05, MD NAT RES § 10-2A-05
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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