MD
Maryland House Bill HB345

Maryland 2024 Regular Session

Maryland House Bill HB345 Compare Versions

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1- WES MOORE, Governor Ch. 620
21
3-– 1 –
4-Chapter 620
5-(House Bill 345)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0345*
89
9-Fish and Wildlife – Endangered and Threatened Species – Definitions, Petitions,
10-and Regulations
10+HOUSE BILL 345
11+M1, M2 4lr1234
12+ CF SB 916
13+By: Delegates Palakovich Carr, Lehman, Embry, Foley, Love, Pena–Melnyk, Ruth,
14+Taveras, and Terrasa Terrasa, Allen, and Guyton
15+Introduced and read first time: January 17, 2024
16+Assigned to: Environment and Transportation
17+Committee Report: Favorable with amendments
18+House action: Adopted
19+Read second time: February 26, 2024
1120
12-FOR the purpose of requiring certain petitions to review the listing or unlisting of
13-endangered or threatened species to contain certain information; requiring the
14-Secretary of Natural Resources to review and, if warranted, update certain
15-regulations listing endangered or threatened species on or before a certain date, and
16-every certain number of years thereafter; altering the definitions of “fish” and
17-“wildlife” for certain purposes; and generally relating to fish, wildlife, and
18-endangered and threatened species.
21+CHAPTER ______
1922
20-BY repealing and reenacting, without amendments,
21- Article – Natural Resources
22-Section 4–101(a), 10–101(a), and 10–2A–01(a), (d), (j), (k), and (l)
23- Annotated Code of Maryland
24- (2023 Replacement Volume and 2023 Supplement)
23+AN ACT concerning 1
2524
26-BY repealing and reenacting, with amendments,
27- Article – Natural Resources
28-Section 4–101(j), 4–2A–01, 4–2A–04(f), 4–2A–05(a), 10–101(dd), 10–2A–04, and
29-10–2A–05
30- Annotated Code of Maryland
31- (2023 Replacement Volume and 2023 Supplement)
25+Fish and Wildlife – Endangered and Threatened Species – Definitions, Petitions, 2
26+and Regulations 3
3227
33-BY adding to
34- Article – Natural Resources
35-Section 10–2A–01(m)
36- Annotated Code of Maryland
37- (2023 Replacement Volume and 2023 Supplement)
28+FOR the purpose of requiring certain petitions to review the listing or unlisting of 4
29+endangered or threatened species to contain certain information; requiring the 5
30+Secretary of Natural Resources to review and, if warranted, update certain 6
31+regulations listing endangered or threatened species on or before a certain date, and 7
32+every certain number of years thereafter; altering the definitions of “fish” and 8
33+“wildlife” for certain purposes; and generally relating to fish, wildlife, and 9
34+endangered and threatened species. 10
3835
39- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
40-That the Laws of Maryland read as follows:
36+BY repealing and reenacting, without amendments, 11
37+ Article – Natural Resources 12
38+Section 4–101(a), 10–101(a), and 10–2A–01(a), (d), (j), (k), and (l) 13
39+ Annotated Code of Maryland 14
40+ (2023 Replacement Volume and 2023 Supplement) 15
4141
42-Article – Natural Resources
42+BY repealing and reenacting, with amendments, 16
43+ Article – Natural Resources 17
44+Section 4–101(j), 4–2A–01, 4–2A–04(f), 4–2A–05(a), 10–101(dd), 10–2A–04, and 18
45+10–2A–05 19
46+ Annotated Code of Maryland 20
47+ (2023 Replacement Volume and 2023 Supplement) 21
48+ 2 HOUSE BILL 345
4349
44-4–101.
4550
46- (a) In this title the following words have the meanings indicated.
47- Ch. 620 2024 LAWS OF MARYLAND
51+BY adding to 1
52+ Article – Natural Resources 2
53+Section 10–2A–01(m) 3
54+ Annotated Code of Maryland 4
55+ (2023 Replacement Volume and 2023 Supplement) 5
4856
49-– 2 –
50- (j) “Fish” means, EXCEPT AS PROVIDED I N § 4–2A–01 OF THIS TITLE, finfish,
51-crustaceans, mollusks, and amphibians and reptiles which spend the majority of their life
52-cycle in water and any part, egg, offspring, or dead body of any of these species.
57+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
58+That the Laws of Maryland read as follows: 7
5359
54-4–2A–01.
60+Article – Natural Resources 8
5561
56- (a) In this subtitle the following words have the meanings indicated.
62+4–101. 9
5763
58- (b) “Conserve” means to use all methods and procedures for the purpose of
59-increasing the number of individuals within species or populations up to the optimum
60-carrying capacity of their habitat and maintaining these levels. These methods and
61-procedures include all activities associated with scientific resources management such as
62-research, census, law enforcement, habitat acquisition and maintenance, propagation, live
63-trapping, and transplantation, including the periodic or total protection of species or
64-populations as well as regulated taking. With respect to endangered and threatened
65-species, the term means to use all methods and procedures including those described above
66-which are necessary to bring any endangered or threatened species to the point at which
67-the measures provided for these species pursuant to this subtitle are no longer necessary
68-except that regulated taking as a method and procedure shall be limited to the
69-extraordinary case where population pressures within a given ecosystem cannot be
70-otherwise relieved.
64+ (a) In this title the following words have the meanings indicated. 10
7165
72- (c) “Ecosystem” means a system of living organisms and their environment, each
73-influencing the existence of the other and necessary for the maintenance of life.
66+ (j) “Fish” means, EXCEPT AS PROVIDED I N § 4–2A–01 OF THIS TITLE, finfish, 11
67+crustaceans, mollusks, and amphibians and reptiles which spend the majority of their life 12
68+cycle in water and any part, egg, offspring, or dead body of any of these species. 13
7469
75- (d) “Endangered species” means any species whose continued existence as a
76-viable component of the State’s fish resources is determined to be in jeopardy including any
77-species of fish determined to be an “endangered species” pursuant to the Endangered
78-Species Act.
70+4–2A–01. 14
7971
80- (e) “Endangered Species Act” means the Endangered Species Act of 1973, 87 Stat.
81-884.
72+ (a) In this subtitle the following words have the meanings indicated. 15
8273
83- (f) (1) “FISH” MEANS FINFISH , CRUSTACEANS , MOLLUSKS,
84-INVERTEBRATES , AMPHIBIANS, AND REPTILES THAT SP END THE MAJORITY OF
85-THEIR LIFE CYCLE IN WATER.
74+ (b) “Conserve” means to use all methods and procedures for the purpose of 16
75+increasing the number of individuals within species or populations up to the optimum 17
76+carrying capacity of their habitat and maintaining these levels. These methods and 18
77+procedures include all activities associated with scientific resources management such as 19
78+research, census, law enforcement, habitat acquisition and maintenance, propagation, live 20
79+trapping, and transplantation, including the periodic or total protection of species or 21
80+populations as well as regulated taking. With respect to endangered and threatened 22
81+species, the term means to use all methods and procedures including those described above 23
82+which are necessary to bring any endangered or threatened species to the point at which 24
83+the measures provided for these species pursuant to this subtitle are no longer necessary 25
84+except that regulated taking as a method and procedure shall be limited to the 26
85+extraordinary case where population pressures within a given ecosystem cannot be 27
86+otherwise relieved. 28
8687
87- (2) “FISH” INCLUDES ANY PART , EGG, OFFSPRING, PRODUCT, OR
88-DEAD BODY OF A NY FISH.
88+ (c) “Ecosystem” means a system of living organisms and their environment, each 29
89+influencing the existence of the other and necessary for the maintenance of life. 30
8990
90- (G) “Optimum carrying capacity” means that point at which a given habitat can
91-support healthy populations of fish species, having regard to the total ecosystem, without
92-diminishing the ability of the habitat to continue that function.
93- WES MOORE, Governor Ch. 620
91+ (d) “Endangered species” means any species whose continued existence as a 31
92+viable component of the State’s fish resources is determined to be in jeopardy including any 32
93+species of fish determined to be an “endangered species” pursuant to the Endangered 33
94+Species Act. 34
9495
95-– 3 –
96- [(g)] (H) (1) “Species” includes any subspecies of fish and any other group of
97-fish of the same species or smaller taxa in common spatial arrangement that interbreed
98-when mature.
96+ (e) “Endangered Species Act” means the Endangered Species Act of 1973, 87 Stat. 35
97+884. 36 HOUSE BILL 345 3
9998
100- (2) “Species” does not include fish which are bred or raised in authorized
101-aquaculture operations in nontidal ponds, lakes, or impoundments.
10299
103- [(h)] (I) “Take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap,
104-capture, or collect, or to attempt to engage in any such conduct.
105100
106- [(i)] (J) “Threatened species” means any species of fish which appears likely,
107-within the foreseeable future, to become endangered, including any species of fish
108-determined to be a “threatened species” pursuant to the Endangered Species Act.
101+ (f) (1) “FISH” MEANS FINFISH , CRUSTACEANS , MOLLUSKS, 1
102+INVERTEBRATES , AMPHIBIANS, AND REPTILES THAT SP END THE MAJORITY OF 2
103+THEIR LIFE CYCLE IN WATER. 3
109104
110-4–2A–04.
105+ (2) “FISH” INCLUDES ANY PART , EGG, OFFSPRING, PRODUCT, OR 4
106+DEAD BODY OF ANY FIS H. 5
111107
112- (f) (1) The Secretary shall adopt rules and regulations containing a list of all
113-species of fish normally occurring within the State determined to be endangered species
114-and a list of all species determined to be threatened species.
108+ (G) “Optimum carrying capacity” means that point at which a given habitat can 6
109+support healthy populations of fish species, having regard to the total ecosystem, without 7
110+diminishing the ability of the habitat to continue that function. 8
115111
116- (2) Each list shall refer to the species by scientific and common names and
117-shall specify with respect to each species over what portion of its range it is endangered or
118-threatened.
112+ [(g)] (H) (1) “Species” includes any subspecies of fish and any other group of 9
113+fish of the same species or smaller taxa in common spatial arrangement that interbreed 10
114+when mature. 11
119115
120- (3) ON OR BEFORE JULY 1, 2026, AND AT LEAST EVERY 5 YEARS
121-THEREAFTER , THE SECRETARY SHALL REVIE W AND, IF WARRANTED , UPDATE THE
122-REGULATIONS REQUIRED UNDER THIS SUBSECTIO N.
116+ (2) “Species” does not include fish which are bred or raised in authorized 12
117+aquaculture operations in nontidal ponds, lakes, or impoundments. 13
123118
124-4–2A–05.
119+ [(h)] (I) “Take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, 14
120+capture, or collect, or to attempt to engage in any such conduct. 15
125121
126- (a) (1) Except with respect to species of fish determined to be endangered or
127-threatened pursuant to the Endangered Species Act, the Secretary, upon the petition of an
128-interested person THAT MEETS THE REQUI REMENTS OF PARAGRAPH (2) OF THIS
129-SUBSECTION , shall conduct a review of any listed or unlisted species proposed to be
130-removed from or added to the lists published pursuant to § 4–2A–04(f) of this subtitle, if
131-[he] THE SECRETARY makes and publishes a public notice that the person has presented
132-substantial evidence which warrants a review.
122+ [(i)] (J) “Threatened species” means any species of fish which appears likely, 16
123+within the foreseeable future, to become endangered, including any species of fish 17
124+determined to be a “threatened species” pursuant to the Endangered Species Act. 18
133125
134- (2) A PETITION SUBMITTED B Y AN INTERESTED PERS ON UNDER
135-PARAGRAPH (1) OF THIS SUBSECTION S HALL INCLUDE :
126+4–2A–04. 19
136127
137- (I) A DESCRIPTION OF THE B IOLOGICAL DISTRIBUTION OF THE
138-SPECIES IN THE STATE;
139- Ch. 620 2024 LAWS OF MARYLAND
128+ (f) (1) The Secretary shall adopt rules and regulations containing a list of all 20
129+species of fish normally occurring within the State determined to be endangered species 21
130+and a list of all species determined to be threatened species. 22
140131
141-– 4 –
142- (II) THE LIFE NEEDS AND HA BITAT REQUIREMENTS O F THE
143-SPECIES;
132+ (2) Each list shall refer to the species by scientific and common names and 23
133+shall specify with respect to each species over what portion of its range it is endangered or 24
134+threatened. 25
144135
145- (III) EVIDENCE:
136+ (3) ON OR BEFORE JULY 1, 2026, AND AT LEAST EVERY 5 YEARS 26
137+THEREAFTER , THE SECRETARY SHALL REVIE W AND, IF WARRANTED , UPDATE THE 27
138+REGULATIONS REQUIRED UNDER THIS SUBSECTIO N. 28
146139
147- 1. OF THE SPECIES ’ DECLINE, IF THE SPECIES IS AN
148-UNLISTED SPECIES ; OR
140+4–2A–05. 29
149141
150- 2. THAT THE SPECIES IS M ORE COMMON THAN
151-PREVIOUSLY BELIEVED AND DOCUMENTED , IF THE SPECIES IS A LISTED SPECIES;
142+ (a) (1) Except with respect to species of fish determined to be endangered or 30
143+threatened pursuant to the Endangered Species Act, the Secretary, upon the petition of an 31
144+interested person THAT MEETS THE REQUI REMENTS OF PARAGRAPH (2) OF THIS 32
145+SUBSECTION , shall conduct a review of any listed or unlisted species proposed to be 33 4 HOUSE BILL 345
152146
153- (IV) ALL KNOWN THREATS THA T JEOPARDIZE THE CON TINUED
154-EXISTENCE OF THE SPE CIES;
155147
156- (V) ANY OTHER RELEVANT BI OLOGICAL AND ECOLOGI CAL
157-DATA OR OTHER LIFE H ISTORY INFORMATION P ERTINENT TO THE STATUS OF THE
158-SPECIES;
148+removed from or added to the lists published pursuant to § 4–2A–04(f) of this subtitle, if 1
149+[he] THE SECRETARY makes and publishes a public notice that the person has presented 2
150+substantial evidence which warrants a review. 3
159151
160- (VI) EVIDENCE THAT THE SPE CIES IS RECOGNIZED A S A VALID
161-SPECIES OR AN INFRAS PECIFIC TAXON OF REG IONAL OR NATIONAL SI GNIFICANCE;
162-AND
152+ (2) A PETITION SUBMITTED B Y AN INTERESTED PERS ON UNDER 4
153+PARAGRAPH (1) OF THIS SUBSECTION S HALL INCLUDE : 5
163154
164- (VII) ADEQUATE DOCUMENTATIO N THAT THE SPECIES O CCURS
165-NATURALLY AND IS PER MANENTLY EST ABLISHED IN THE STATE.
155+ (I) A DESCRIPTION OF THE B IOLOGICAL DISTRIBUTI ON OF THE 6
156+SPECIES IN THE STATE; 7
166157
167-10–101.
158+ (II) THE LIFE NEEDS AND HABITAT RE QUIREMENTS OF THE 8
159+SPECIES; 9
168160
169- (a) In this title the following words have the meanings indicated.
161+ (III) EVIDENCE: 10
170162
171- (dd) (1) “Wildlife” means, EXCEPT AS PROVIDED I N § 10–2A–01 OF THIS
172-TITLE, every living creature, not human, wild by nature, endowed with sensation and
173-power of voluntary motion.
163+ 1. OF THE SPECIES ’ DECLINE, IF THE SPECIES IS AN 11
164+UNLISTED SPECIES ; OR 12
174165
175- (2) “Wildlife” includes mammals, birds, amphibians, and reptiles which
176-spend a majority of their life cycle on land or any part, egg, offspring, or dead body of any
177-of them.
166+ 2. THAT THE SPECIES IS M ORE COMMON THAN 13
167+PREVIOUSLY BELIEVED AND DOCUMENTED , IF THE SPECIES IS A LISTED SPECIES; 14
178168
179-10–2A–01.
169+ (IV) ALL KNOWN THREATS THA T JEOPARDIZE THE CON TINUED 15
170+EXISTENCE OF THE SPE CIES; 16
180171
181- (a) In this subtitle the following words have the meanings indicated.
172+ (V) ANY OTHER RELEVANT BI OLOGICAL AND ECOLOGI CAL 17
173+DATA OR OTHER LIFE H ISTORY INFORMATION P ERTINENT TO THE STAT US OF THE 18
174+SPECIES; 19
182175
183- (d) (1) “Endangered species” means any species whose continued existence as
184-a viable component of the State’s wildlife or plants is determined to be in jeopardy.
185- WES MOORE, Governor Ch. 620
176+ (VI) EVIDENCE THAT THE SPE CIES IS RECOGNIZED AS A VALID 20
177+SPECIES OR AN INFRAS PECIFIC TAXON OF REG IONAL OR NATIONAL SI GNIFICANCE; 21
178+AND 22
186179
187-– 5 –
188- (2) “Endangered species” includes any species of wildlife or plant
189-determined to be an “endangered species” pursuant to the Endangered Species Act.
180+ (VII) ADEQUATE DOCUMENTATIO N THAT THE SPECIES O CCURS 23
181+NATURALLY AND IS PER MANENTLY ESTABLISHED IN THE STATE. 24
190182
191- (j) “Species” includes any subspecies of wildlife or plant and any other group of
192-wildlife of the same species or smaller taxa in common spatial arrangement that interbreed
193-when mature.
183+10–101. 25
194184
195- (k) “Take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture,
196-or collect, or to attempt to engage in any such conduct.
185+ (a) In this title the following words have the meanings indicated. 26
197186
198- (l) “Threatened species” means any species of wildlife or plants which appears
199-likely, within the foreseeable future, to become endangered including any species of wildlife
200-or plant determined to be a “threatened species” pursuant to the Endangered Species Act.
187+ (dd) (1) “Wildlife” means, EXCEPT AS PROVIDED I N § 10–2A–01 OF THIS 27
188+TITLE, every living creature, not human, wild by nature, endowed with sensation and 28
189+power of voluntary motion. 29
190+ HOUSE BILL 345 5
201191
202- (M) (1) “WILDLIFE” MEANS EVERY LIVING CREATUR E, NOT HUMAN, WILD
203-BY NATURE, ENDOWED WITH SENSATION AND P OWER OF VOLUNTARY MO TION ANY
204-NONDOMESTICATED SPEC IES OR SUBSPECIES OF THE ANIMAL KINGDOM .
205192
206- (2) “WILDLIFE” INCLUDES:
193+ (2) “Wildlife” includes mammals, birds, amphibians, and reptiles which 1
194+spend a majority of their life cycle on land or any part, egg, offspring, or dead body of any 2
195+of them. 3
207196
208- (I) MAMMALS, BIRDS, AMPHIBIANS, MOLLUSKS,
209-INVERTEBRATES , CRUSTACEANS , AND REPTILES THAT SP END A MAJORITY OF TH EIR
210-LIFE CYCLE ON LAND ; AND
197+10–2A–01. 4
211198
212- (II) ANY PART, EGG, OFFSPRING, PRODUCT, OR DEAD BODY OF
213-ANY WILDLIFE.
199+ (a) In this subtitle the following words have the meanings indicated. 5
214200
215-10–2A–04.
201+ (d) (1) “Endangered species” means any species whose continued existence as 6
202+a viable component of the State’s wildlife or plants is determined to be in jeopardy. 7
216203
217- (a) (1) Any species of wildlife or plant determined to be endangered species
218-pursuant to the Endangered Species Act shall be deemed to be an endangered species under
219-the provisions of this subtitle and any species of wildlife or plant determined to be a
220-threatened species pursuant to the Endangered Species Act shall be deemed to be a
221-threatened species under the provisions of this subtitle.
204+ (2) “Endangered species” includes any species of wildlife or plant 8
205+determined to be an “endangered species” pursuant to the Endangered Species Act. 9
222206
223- (2) The Secretary may determine, in accordance with this section, that any
224-threatened species is an endangered species throughout all or any portion of the range of
225-the species within the State.
207+ (j) “Species” includes any subspecies of wildlife or plant and any other group of 10
208+wildlife of the same species or smaller taxa in common spatial arrangement that interbreed 11
209+when mature. 12
226210
227- (b) In addition to the species deemed to be endangered or threatened pursuant to
228-the Endangered Species Act, the Secretary, by regulation, shall determine whether any
229-species of wildlife or plant normally occurring within the State is an endangered or
230-threatened species due to any of the following factors:
211+ (k) “Take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, 13
212+or collect, or to attempt to engage in any such conduct. 14
231213
232- (1) The present or threatened destruction, modification, or curtailment of
233-its habitat or range; Ch. 620 2024 LAWS OF MARYLAND
214+ (l) “Threatened species” means any species of wildlife or plants which appears 15
215+likely, within the foreseeable future, to become endangered including any species of wildlife 16
216+or plant determined to be a “threatened species” pursuant to the Endangered Species Act. 17
234217
235-– 6 –
218+ (M) (1) “WILDLIFE” MEANS EVERY LIVING CREATUR E, NOT HUMAN, WILD 18
219+BY NATURE, ENDOWED WITH SENSATI ON AND POWER OF VOLU NTARY MOTION ANY 19
220+NONDOME STICATED SPECIES OR SUBSPECIES OF THE AN IMAL KINGDOM . 20
236221
237- (2) Overutilization for commercial, sporting, scientific, educational, or
238-other purposes;
222+ (2) “WILDLIFE” INCLUDES: 21
239223
240- (3) Disease or predation;
224+ (I) MAMMALS, BIRDS, AMPHIBIANS, MOLLUSKS, 22
225+INVERTEBRATES , CRUSTACEANS , AND REPTILES THAT SP END A MAJORITY OF TH EIR 23
226+LIFE CYCLE ON LAND ; AND 24
241227
242- (4) The inadequacy of existing regulatory mechanisms; or
228+ (II) ANY PART, EGG, OFFSPRING, PRODUCT, OR DEAD BODY OF 25
229+ANY WILDLIFE. 26
243230
244- (5) Other natural or manmade factors affecting its continued existence
245-within the State.
231+10–2A–04. 27
246232
247- (c) (1) The Secretary shall make determinations required by subsection (b) of
248-this section on the basis of the best scientific, commercial, and other data available to and
249-after consultation, as appropriate, with federal agencies, other interested State agencies,
250-other states having a common interest in the species, and interested persons and
251-organizations.
233+ (a) (1) Any species of wildlife or plant determined to be endangered species 28
234+pursuant to the Endangered Species Act shall be deemed to be an endangered species under 29
235+the provisions of this subtitle and any species of wildlife or plant determined to be a 30
236+threatened species pursuant to the Endangered Species Act shall be deemed to be a 31
237+threatened species under the provisions of this subtitle. 32
238+ 6 HOUSE BILL 345
252239
253- (2) In determining whether any species of wildlife or plant is an
254-endangered species or a threatened species, the Secretary shall take into consideration any
255-actions being carried out or about to be carried out by the federal government, other states,
256-other agencies of this State, or political subdivisions, or by any other person which may
257-affect the species under consideration.
258240
259- (d) Except with respect to species of wildlife or plants determined to be
260-endangered or threatened species under the provisions of subsection (a) of this section, the
261-Secretary may not add a species to nor remove a species from any list published unless the
262-Secretary first:
241+ (2) The Secretary may determine, in accordance with this section, that any 1
242+threatened species is an endangered species throughout all or any portion of the range of 2
243+the species within the State. 3
263244
264- (1) Publishes a public notice of the proposed action;
245+ (b) In addition to the species deemed to be endangered or threatened pursuant to 4
246+the Endangered Species Act, the Secretary, by regulation, shall determine whether any 5
247+species of wildlife or plant normally occurring within the State is an endangered or 6
248+threatened species due to any of the following factors: 7
265249
266- (2) Furnishes notice of the proposed action to the Governor of any state
267-sharing a common border with the State and in which the subject species is known to exist;
268-and
250+ (1) The present or threatened destruction, modification, or curtailment of 8
251+its habitat or range; 9
269252
270- (3) Allows at least 30 days following publication for comment from the
271-public and other interested parties.
253+ (2) Overutilization for commercial, sporting, scientific, educational, or 10
254+other purposes; 11
272255
273- (e) Notwithstanding the provisions of subsection (d) of this section, if the
274-Department determines that an emergency situation exists involving the continued
275-existence of the species as a viable component of the State’s wildlife or plants, the
276-Department may add the species to the lists if the Department publishes a public notice
277-that an emergency situation exists together with a summary of facts which support this
278-determination.
279- WES MOORE, Governor Ch. 620
256+ (3) Disease or predation; 12
280257
281-– 7 –
282- (f) (1) The Secretary shall adopt regulations containing a list of all species of
283-wildlife and plants normally occurring within the State determined to be endangered
284-species and a list of all species determined to be threatened species.
258+ (4) The inadequacy of existing regulatory mechanisms; or 13
285259
286- (2) Each list shall refer to the species by scientific and common names and
287-shall specify with respect to each species over what portion of its range it is endangered or
288-threatened.
260+ (5) Other natural or manmade factors affecting its continued existence 14
261+within the State. 15
289262
290- (3) ON OR BEFORE JULY 1, 2026, AND AT LEAST EVERY 5 YEARS
291-THEREAFTER , THE SECRETARY SH ALL REVIEW AND , IF WARRANTED , UPDATE THE
292-REGULATIONS REQUIRED UNDER THIS SUBSECTIO N.
263+ (c) (1) The Secretary shall make determinations required by subsection (b) of 16
264+this section on the basis of the best scientific, commercial, and other data available to and 17
265+after consultation, as appropriate, with federal agencies, other interested State agencies, 18
266+other states having a common interest in the species, and interested persons and 19
267+organizations. 20
293268
294-10–2A–05.
269+ (2) In determining whether any species of wildlife or plant is an 21
270+endangered species or a threatened species, the Secretary shall take into consideration any 22
271+actions being carried out or about to be carried out by the federal government, other states, 23
272+other agencies of this State, or political subdivisions, or by any other person which may 24
273+affect the species under consideration. 25
295274
296- (a) (1) Except with respect to species of wildlife or plants determined to be
297-endangered or threatened pursuant to the Endangered Species Act, the Secretary, upon the
298-petition of an interested person THAT MEETS THE REQUI REMENTS OF PARAGRAPH (2)
299-OF THIS SUBSECTION , shall conduct a review of any listed or unlisted species proposed to
300-be removed from or added to the lists published pursuant to § 10–2A–04(f) of this subtitle,
301-if the Secretary publishes public notice that the person has presented substantial evidence
302-which warrants a review.
275+ (d) Except with respect to species of wildlife or plants determined to be 26
276+endangered or threatened species under the provisions of subsection (a) of this section, the 27
277+Secretary may not add a species to nor remove a species from any list published unless the 28
278+Secretary first: 29
303279
304- (2) A PETITION SUBMITTED B Y AN INTERESTED PERS ON UNDER
305-PARAGRAPH (1) OF THIS SUBSECTION S HALL INCLUDE :
280+ (1) Publishes a public notice of the proposed action; 30
306281
307- (I) A DESCRIPTION OF THE BIOLOGICAL DI STRIBUTION OF THE
308-SPECIES IN THE STATE;
282+ (2) Furnishes notice of the proposed action to the Governor of any state 31
283+sharing a common border with the State and in which the subject species is known to exist; 32
284+and 33
309285
310- (II) THE LIFE NEEDS AND HA BITAT REQUIREMENTS O F THE
311-SPECIES;
286+ (3) Allows at least 30 days following publication for comment from the 34
287+public and other interested parties. 35 HOUSE BILL 345 7
312288
313- (III) EVIDENCE:
314289
315- 1. OF THE SPECIES ’ DECLINE, IF THE SPECIES IS AN
316-UNLISTED SPECIES ; OR
317290
318- 2. THAT THE SPECIES IS M ORE COMMON THAN
319-PREVIOUSLY BELIEVED AND DOCUMENTED , IF THE SPECIES IS A LISTED SPECIES;
291+ (e) Notwithstanding the provisions of subsection (d) of this section, if the 1
292+Department determines that an emergency situation exists involving the continued 2
293+existence of the species as a viable component of the State’s wildlife or plants, the 3
294+Department may add the species to the lists if the Department publishes a public notice 4
295+that an emergency situation exists together with a summary of facts which support this 5
296+determination. 6
320297
321- (IV) ALL KNOWN THREATS THA T JEOPARDIZE THE CON TINUED
322-EXISTENCE OF THE SPE CIES;
323- Ch. 620 2024 LAWS OF MARYLAND
298+ (f) (1) The Secretary shall adopt regulations containing a list of all species of 7
299+wildlife and plants normally occurring within the State determined to be endangered 8
300+species and a list of all species determined to be threatened species. 9
324301
325-– 8 –
326- (V) ANY OTHER RELEVANT BI OLOGICAL AND ECOLOGI CAL
327-DATA OR OTHER LIFE H ISTORY INFORMATI ON PERTINENT TO THE STATUS OF THE
328-SPECIES;
302+ (2) Each list shall refer to the species by scientific and common names and 10
303+shall specify with respect to each species over what portion of its range it is endangered or 11
304+threatened. 12
329305
330- (VI) EVIDENCE THAT THE SPE CIES IS RECOGNIZED A S A VALID
331-SPECIES, OR INFRASPECIFIC TAX A OF REGIONAL OR NAT IONAL SIGNIFICANCE ; AND
306+ (3) ON OR BEFORE JULY 1, 2026, AND AT LEAST EVERY 5 YEARS 13
307+THEREAFTER , THE SECRETARY SHALL REVIEW AND , IF WARRANTED , UPDATE THE 14
308+REGULATIONS REQUIRED UNDER THIS SUBSECTIO N. 15
332309
333- (VII) ADEQUATE DOCUMENTATIO N THAT THE SPECIES O CCURS
334-NATURALLY AND IS PER MANENTLY ESTABLISHED IN THE STATE.
310+10–2A–05. 16
335311
336- (b) (1) When any species of wildlife or plant is listed as a threatened species
337-pursuant to § 10–2A–04(f) of this subtitle, the Secretary shall adopt regulations necessary
338-and advisable to provide for the conservation of the species.
312+ (a) (1) Except with respect to species of wildlife or plants determined to be 17
313+endangered or threatened pursuant to the Endangered Species Act, the Secretary, upon the 18
314+petition of an interested person THAT MEETS THE REQUI REMENTS OF PARAGRAPH (2) 19
315+OF THIS SUBSECTION , shall conduct a review of any listed or unlisted species proposed to 20
316+be removed from or added to the lists published pursuant to § 10–2A–04(f) of this subtitle, 21
317+if the Secretary publishes public notice that the person has presented substantial evidence 22
318+which warrants a review. 23
339319
340- (2) The Secretary, by regulations, may prohibit with respect to any
341-threatened species of wildlife or plant any act prohibited under subsection (c) of this section.
320+ (2) A PETITION SUBMITTED B Y AN INTERESTED PERS ON UNDER 24
321+PARAGRAPH (1) OF THIS SUBSECTION S HALL INCLUDE : 25
342322
343- (c) Except as provided in subsection (f) of this section and § 10–2A–05.1 of this
344-subtitle, with respect to any endangered species of wildlife, a person may not:
323+ (I) A DESCRIPTION OF THE B IOLOGICAL DISTRIBUTI ON OF THE 26
324+SPECIES IN THE STATE; 27
345325
346- (1) Export the species from the State;
326+ (II) THE LIFE NEEDS AND HA BITAT REQUIREMENTS O F THE 28
327+SPECIES; 29
347328
348- (2) Take the species within the State;
329+ (III) EVIDENCE: 30
349330
350- (3) Possess, process, sell or offer for sale, deliver, carry, transport, or ship
351-the species by any means; or
331+ 1. OF THE SPECIES ’ DECLINE, IF THE SPECIES IS AN 31
332+UNLISTED SPECIES ; OR 32
333+ 8 HOUSE BILL 345
352334
353- (4) Violate any regulation pertaining to the conservation of the species or
354-to any threatened species of wildlife listed pursuant to this subsection and adopted by the
355-Secretary pursuant to authority provided by this section.
356335
357- (d) Except as provided in subsection (f) of this section, with respect to any
358-endangered species of plant, a person may not:
336+ 2. THAT THE SPECIE S IS MORE COMMON THA N 1
337+PREVIOUSLY BELIEVED AND DOCUMENTED , IF THE SPECIES IS A LISTED SPECIES; 2
359338
360- (1) Export the species from the State;
339+ (IV) ALL KNOWN THREATS THA T JEOPARDIZE THE CON TINUED 3
340+EXISTENCE OF THE SPE CIES; 4
361341
362- (2) Possess, process, sell, offer for sale, deliver, carry, transport, or ship the
363-species by any means; or
342+ (V) ANY OTHER RELEVANT BI OLOGICAL AND ECOLOGI CAL 5
343+DATA OR OTHER LIFE H ISTORY INFORMATION PERTINEN T TO THE STATUS OF T HE 6
344+SPECIES; 7
364345
365- (3) Violate any regulation pertaining to the species or to any threatened
366-species of plant listed pursuant to § 10–2A–04(f) of this subtitle and adopted by the
367-Secretary.
346+ (VI) EVIDENCE THAT THE SPE CIES IS RECOGNIZED A S A VALID 8
347+SPECIES, OR INFRASPECIFIC TAX A OF REGIONAL OR NAT IONAL SIGNIFICANCE ; AND 9
368348
369- (e) Any endangered species of wildlife or plant which enters the State from
370-another state or from a point outside the territorial limits of the United States and which WES MOORE, Governor Ch. 620
349+ (VII) ADEQUATE DOCUMENTATIO N THAT THE SPECIES O CCURS 10
350+NATURALLY AND IS PERMANENTLY ESTAB LISHED IN THE STATE. 11
371351
372-– 9 –
373-is transported to a point within or beyond the State may enter and be transported without
374-restriction in accordance with the terms of any federal permit or permit issued under the
375-laws or regulations of another state.
352+ (b) (1) When any species of wildlife or plant is listed as a threatened species 12
353+pursuant to § 10–2A–04(f) of this subtitle, the Secretary shall adopt regulations necessary 13
354+and advisable to provide for the conservation of the species. 14
376355
377- (f) The Secretary may permit, under the terms and conditions [he] THAT THE
378-SECRETARY prescribes, any act otherwise prohibited by subsections (c) and (d) of this
379-section for scientific purposes or to enhance the propagation or survival of the affected
380-species.
356+ (2) The Secretary, by regulations, may prohibit with respect to any 15
357+threatened species of wildlife or plant any act prohibited under subsection (c) of this section. 16
381358
382- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
383-1, 2024.
359+ (c) Except as provided in subsection (f) of this section and § 10–2A–05.1 of this 17
360+subtitle, with respect to any endangered species of wildlife, a person may not: 18
384361
385-Approved by the Governor, May 9, 2024.
362+ (1) Export the species from the State; 19
363+
364+ (2) Take the species within the State; 20
365+
366+ (3) Possess, process, sell or offer for sale, deliver, carry, transport, or ship 21
367+the species by any means; or 22
368+
369+ (4) Violate any regulation pertaining to the conservation of the species or 23
370+to any threatened species of wildlife listed pursuant to this subsection and adopted by the 24
371+Secretary pursuant to authority provided by this section. 25
372+
373+ (d) Except as provided in subsection (f) of this section, with respect to any 26
374+endangered species of plant, a person may not: 27
375+
376+ (1) Export the species from the State; 28
377+
378+ (2) Possess, process, sell, offer for sale, deliver, carry, transport, or ship the 29
379+species by any means; or 30
380+ HOUSE BILL 345 9
381+
382+
383+ (3) Violate any regulation pertaining to the species or to any threatened 1
384+species of plant listed pursuant to § 10–2A–04(f) of this subtitle and adopted by the 2
385+Secretary. 3
386+
387+ (e) Any endangered species of wildlife or plant which enters the State from 4
388+another state or from a point outside the territorial limits of the United States and which 5
389+is transported to a point within or beyond the State may enter and be transported without 6
390+restriction in accordance with the terms of any federal permit or permit issued under the 7
391+laws or regulations of another state. 8
392+
393+ (f) The Secretary may permit, under the terms and conditions [he] THAT THE 9
394+SECRETARY prescribes, any act otherwise prohibited by subsections (c) and (d) of this 10
395+section for scientific purposes or to enhance the propagation or survival of the affected 11
396+species. 12
397+
398+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 13
399+1, 2024. 14
400+
401+
402+
403+
404+Approved:
405+________________________________________________________________________________
406+ Governor.
407+________________________________________________________________________________
408+ Speaker of the House of Delegates.
409+________________________________________________________________________________
410+ President of the Senate.