EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0916*
SENATE BILL 916
M1, M2 4lr1235
CF HB 345
By: Senator Brooks
Introduced and read first time: February 2, 2024
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Fish and Wildlife – Endangered and Threatened Species – Definitions, Petitions, 2
and Regulations 3
FOR the purpose of requiring certain petitions to review the listing or unlisting of 4
endangered or threatened species to contain certain information; requiring the 5
Secretary of Natural Resources to review and, if warranted, update certain 6
regulations listing endangered or threatened species on or before a certain date, and 7
every certain number of years thereafter; defining “fish” and “wildlife” for certain 8
purposes; and generally relating to fish, wildlife, and endangered and threatened 9
species. 10
BY repealing and reenacting, without amendments, 11
Article – Natural Resources 12
Section 4–101(a), 10–101(a), and 10–2A–01(a), (d), (j), (k), and (l) 13
Annotated Code of Maryland 14
(2023 Replacement Volume and 2023 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Natural Resources 17
Section 4–101(j), 4–2A–01, 4–2A–04(f), 4–2A–05(a), 10–101(dd), 10–2A–04, and 18
10–2A–05 19
Annotated Code of Maryland 20
(2023 Replacement Volume and 2023 Supplement) 21
BY adding to 22
Article – Natural Resources 23
Section 10–2A–01(m) 24
Annotated Code of Maryland 25
(2023 Replacement Volume and 2023 Supplement) 26
2 SENATE BILL 916
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Natural Resources 3
4–101. 4
(a) In this title the following words have the meanings indicated. 5
(j) “Fish” means, EXCEPT AS PROVIDED I N § 4–2A–01 OF THIS TITLE, finfish, 6
crustaceans, mollusks, and amphibians and reptiles which spend the majority of their life 7
cycle in water and any part, egg, offspring, or dead body of any of these species. 8
4–2A–01. 9
(a) In this subtitle the following words have the meanings indicated. 10
(b) “Conserve” means to use all methods and procedures for the purpose of 11
increasing the number of individuals within species or populations up to the optimum 12
carrying capacity of their habitat and maintaining these levels. These methods and 13
procedures include all activities associated with scientific resources management such as 14
research, census, law enforcement, habitat acquisition and maintenance, propagation, live 15
trapping, and transplantation, including the periodic or total protection of species or 16
populations as well as regulated taking. With respect to endangered and threatened 17
species, the term means to use all methods and procedures including those described above 18
which are necessary to bring any endangered or threatened species to the point at which 19
the measures provided for these species pursuant to this subtitle are no longer necessary 20
except that regulated taking as a method and procedure shall be limited to the 21
extraordinary case where population pressures within a given ecosystem cannot be 22
otherwise relieved. 23
(c) “Ecosystem” means a system of living organisms and their environment, each 24
influencing the existence of the other and necessary for the maintenance of life. 25
(d) “Endangered species” means any species whose continued existence as a 26
viable component of the State’s fish resources is determined to be in jeopardy including any 27
species of fish determined to be an “endangered species” pursuant to the Endangered 28
Species Act. 29
(e) “Endangered Species Act” means the Endangered Species Act of 1973, 87 Stat. 30
884. 31
(f) (1) “FISH” MEANS FINFISH , CRUSTACEANS , MOLLUSKS, 32
INVERTEBRATES , AMPHIBIANS, AND REPTILES THAT SP END THE MAJORI TY OF 33
THEIR LIFE CYCLE IN WATER. 34
SENATE BILL 916 3
(2) “FISH” INCLUDES ANY PART , EGG, OFFSPRING, PRODUCT, OR 1
DEAD BODY OF ANY FIS H. 2
(G) “Optimum carrying capacity” means that point at which a given habitat can 3
support healthy populations of fish species, having regard to the total ecosystem, without 4
diminishing the ability of the habitat to continue that function. 5
[(g)] (H) (1) “Species” includes any subspecies of fish and any other group of 6
fish of the same species or smaller taxa in common spatial arrangement that interbreed 7
when mature. 8
(2) “Species” does not include fish which are bred or raised in authorized 9
aquaculture operations in nontidal ponds, lakes, or impoundments. 10
[(h)] (I) “Take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, 11
capture, or collect, or to attempt to engage in any such conduct. 12
[(i)] (J) “Threatened species” means any species of fish which appears likely, 13
within the foreseeable future, to become endangered, including any species of fish 14
determined to be a “threatened species” pursuant to the Endangered Species Act. 15
4–2A–04. 16
(f) (1) The Secretary shall adopt rules and regulations containing a list of all 17
species of fish normally occurring within the State determined to be endangered species 18
and a list of all species determined to be threatened species. 19
(2) Each list shall refer to the species by scientific and common names and 20
shall specify with respect to each species over what portion of its range it is endangered or 21
threatened. 22
(3) ON OR BEFORE JULY 1, 2026, AND AT LEAST EVERY 5 YEARS 23
THEREAFTER , THE SECRETARY SHALL REVIE W AND, IF WARRANTED , UPDATE THE 24
REGULATIONS REQUIRED UNDER THIS SUBSECTIO N. 25
4–2A–05. 26
(a) (1) Except with respect to species of fish determined to be endangered or 27
threatened pursuant to the Endangered Species Act, the Secretary, upon the petition of an 28
interested person THAT MEETS THE REQUI REMENTS OF PARAGRAPH (2) OF THIS 29
SUBSECTION , shall conduct a review of any listed or unlisted species proposed to be 30
removed from or added to the lists published pursuant to § 4–2A–04(f) of this subtitle, if 31
[he] THE SECRETARY makes and publishes a public notice that the person has presented 32
substantial evidence which warrants a review. 33
4 SENATE BILL 916
(2) A PETITION SUBMITTED B Y AN INTERESTED PERS ON UNDER 1
PARAGRAPH (1) OF THIS SUBSECTION S HALL INCLUDE : 2
(I) A DESCRIPTION OF THE B IOLOGICAL DISTRIBUTION OF THE 3
SPECIES IN THE STATE; 4
(II) THE LIFE NEEDS AND HA BITAT REQUIREMENTS O F THE 5
SPECIES; 6
(III) EVIDENCE: 7
1. OF THE SPECIES ’ DECLINE, IF THE SPECIES IS AN 8
UNLISTED SPECIES ; OR 9
2. THAT THE SPECIES IS M ORE COMMON THAN 10
PREVIOUSLY BELIEVED AND DOCUMENTED , IF THE SPECIES IS A LISTED SPECIES; 11
(IV) ALL KNOWN THREATS THA T JEOPARDIZE THE CON TINUED 12
EXISTENCE OF THE SPE CIES; 13
(V) ANY OTHER RELEVANT BI OLOGICAL AND ECOLOGI CAL 14
DATA OR OTHER LIFE H ISTORY INFORMATION P ERTINENT TO THE STATUS OF THE 15
SPECIES; 16
(VI) EVIDENCE THAT THE SPE CIES IS RECOGNIZED A S A VALID 17
SPECIES OR AN INFRAS PECIFIC TAXON OF REG IONAL OR NATIONAL SI GNIFICANCE; 18
AND 19
(VII) ADEQUATE DOCUMENTATIO N THAT THE SPECIES O CCURS 20
NATURALLY AND IS PER MANENTLY EST ABLISHED IN THE STATE. 21
10–101. 22
(a) In this title the following words have the meanings indicated. 23
(dd) (1) “Wildlife” means, EXCEPT AS PROVIDED I N § 10–2A–01 OF THIS 24
TITLE, every living creature, not human, wild by nature, endowed with sensation and 25
power of voluntary motion. 26
(2) “Wildlife” includes mammals, birds, amphibians, and reptiles which 27
spend a majority of their life cycle on land or any part, egg, offspring, or dead body of any 28
of them. 29
10–2A–01. 30 SENATE BILL 916 5
(a) In this subtitle the following words have the meanings indicated. 1
(d) (1) “Endangered species” means any species whose continued existence as 2
a viable component of the State’s wildlife or plants is determined to be in jeopardy. 3
(2) “Endangered species” includes any species of wildlife or plant 4
determined to be an “endangered species” pursuant to the Endangered Species Act. 5
(j) “Species” includes any subspecies of wildlife or plant and any other group of 6
wildlife of the same species or smaller taxa in common spatial arrangement that interbreed 7
when mature. 8
(k) “Take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, 9
or collect, or to attempt to engage in any such conduct. 10
(l) “Threatened species” means any species of wildlife or plants which appears 11
likely, within the foreseeable future, to become endangered including any species of wildlife 12
or plant determined to be a “threatened species” pursuant to the Endangered Species Act. 13
(M) (1) “WILDLIFE” MEANS EVERY LIVING C REATURE, NOT HUMAN, WILD 14
BY NATURE, ENDOWED WITH SENSATION AND P OWER OF VOLUNTARY MO TION. 15
(2) “WILDLIFE” INCLUDES: 16
(I) MAMMALS, BIRDS, AMPHIBIANS, MOLLUSKS, 17
INVERTEBRATES , CRUSTACEANS , AND REPTILES THAT SP END A MAJORITY OF TH EIR 18
LIFE CYCLE ON LAND ; AND 19
(II) ANY PART, EGG, OFFSPRING, PRODUCT, OR DEAD BODY OF 20
ANY WILDLIFE. 21
10–2A–04. 22
(a) (1) Any species of wildlife or plant determined to be endangered species 23
pursuant to the Endangered Species Act shall be deemed to be an endangered species under 24
the provisions of this subtitle and any species of wildlife or plant determined to be a 25
threatened species pursuant to the Endangered Species Act shall be deemed to be a 26
threatened species under the provisions of this subtitle. 27
(2) The Secretary may determine, in accordance with this section, that any 28
threatened species is an endangered species throughout all or any portion of the range of 29
the species within the State. 30
(b) In addition to the species deemed to be endangered or threatened pursuant to 31
the Endangered Species Act, the Secretary, by regulation, shall determine whether any 32 6 SENATE BILL 916
species of wildlife or plant normally occurring within the State is an endangered or 1
threatened species due to any of the following factors: 2
(1) The present or threatened destruction, modification, or curtailment of 3
its habitat or range; 4
(2) Overutilization for commercial, sporting, scientific, educational, or 5
other purposes; 6
(3) Disease or predation; 7
(4) The inadequacy of existing regulatory mechanisms; or 8
(5) Other natural or manmade factors affecting its continued existence 9
within the State. 10
(c) (1) The Secretary shall make determinations required by subsection (b) of 11
this section on the basis of the best scientific, commercial, and other data available to and 12
after consultation, as appropriate, with federal agencies, other interested State agencies, 13
other states having a common interest in the species, and interested persons and 14
organizations. 15
(2) In determining whether any species of wildlife or plant is an 16
endangered species or a threatened species, the Secretary shall take into consideration any 17
actions being carried out or about to be carried out by the federal government, other states, 18
other agencies of this State, or political subdivisions, or by any other person which may 19
affect the species under consideration. 20
(d) Except with respect to species of wildlife or plants determined to be 21
endangered or threatened species under the provisions of subsection (a) of this section, the 22
Secretary may not add a species to nor remove a species from any list published unless the 23
Secretary first: 24
(1) Publishes a public notice of the proposed action; 25
(2) Furnishes notice of the proposed action to the Governor of any state 26
sharing a common border with the State and in which the subject species is known to exist; 27
and 28
(3) Allows at least 30 days following publication for comment from the 29
public and other interested parties. 30
(e) Notwithstanding the provisions of subsection (d) of this section, if the 31
Department determines that an emergency situation exists involving the continued 32
existence of the species as a viable component of the State’s wildlife or plants, the 33
Department may add the species to the lists if the Department publishes a public notice 34 SENATE BILL 916 7
that an emergency situation exists together with a summary of facts which support this 1
determination. 2
(f) (1) The Secretary shall adopt regulations containing a list of all species of 3
wildlife and plants normally occurring within the State determined to be endangered 4
species and a list of all species determined to be threatened species. 5
(2) Each list shall refer to the species by scientific and common names and 6
shall specify with respect to each species over what portion of its range it is endangered or 7
threatened. 8
(3) ON OR BEFORE JULY 1, 2026, AND AT LEAST EVERY 5 YEARS 9
THEREAFTER , THE SECRETARY SH ALL REVIEW AND , IF WARRANTED , UPDATE THE 10
REGULATIONS REQUIRED UNDER THIS SUBSECTIO N. 11
10–2A–05. 12
(a) (1) Except with respect to species of wildlife or plants determined to be 13
endangered or threatened pursuant to the Endangered Species Act, the Secretary, upon the 14
petition of an interested person THAT MEETS THE REQUI REMENTS OF PARAGRAPH (2) 15
OF THIS SUBSECTION , shall conduct a review of any listed or unlisted species proposed to 16
be removed from or added to the lists published pursuant to § 10–2A–04(f) of this subtitle, 17
if the Secretary publishes public notice that the person has presented substantial evidence 18
which warrants a review. 19
(2) A PETITION SUBMITTED B Y AN INTERESTED PERS ON UNDER 20
PARAGRAPH (1) OF THIS SUBSECTION S HALL INCLUDE : 21
(I) A DESCRIPTION OF THE BIOLOGICAL DI STRIBUTION OF THE 22
SPECIES IN THE STATE; 23
(II) THE LIFE NEEDS AND HA BITAT REQUIREMENTS O F THE 24
SPECIES; 25
(III) EVIDENCE: 26
1. OF THE SPECIES ’ DECLINE, IF THE SPECIES IS AN 27
UNLISTED SPECIES ; OR 28
2. THAT THE SPECIES IS M ORE COMMON THAN 29
PREVIOUSLY BELIEVED AND DOCUMENTED , IF THE SPECIES IS A LISTED SPECIES; 30
(IV) ALL KNOWN THREATS THA T JEOPARDIZE THE CON TINUED 31
EXISTENCE OF THE SPE CIES; 32
8 SENATE BILL 916
(V) ANY OTHER RELEVANT BI OLOGICAL AND ECOLOGI CAL 1
DATA OR OTHER LIFE H ISTORY INFORMATI ON PERTINENT TO THE STATUS OF THE 2
SPECIES; 3
(VI) EVIDENCE THAT THE SPE CIES IS RECOGNIZED A S A VALID 4
SPECIES, OR INFRASPECIFIC TAX A OF REGIONAL OR NAT IONAL SIGNIFICANCE ; AND 5
(VII) ADEQUATE DOCUMENTATIO N THAT THE SPECIES O CCURS 6
NATURALLY AND IS PER MANENTLY ESTABLISHED IN THE STATE. 7
(b) (1) When any species of wildlife or plant is listed as a threatened species 8
pursuant to § 10–2A–04(f) of this subtitle, the Secretary shall adopt regulations necessary 9
and advisable to provide for the conservation of the species. 10
(2) The Secretary, by regulations, may prohibit with respect to any 11
threatened species of wildlife or plant any act prohibited under subsection (c) of this section. 12
(c) Except as provided in subsection (f) of this section and § 10–2A–05.1 of this 13
subtitle, with respect to any endangered species of wildlife, a person may not: 14
(1) Export the species from the State; 15
(2) Take the species within the State; 16
(3) Possess, process, sell or offer for sale, deliver, carry, transport, or ship 17
the species by any means; or 18
(4) Violate any regulation pertaining to the conservation of the species or 19
to any threatened species of wildlife listed pursuant to this subsection and adopted by the 20
Secretary pursuant to authority provided by this section. 21
(d) Except as provided in subsection (f) of this section, with respect to any 22
endangered species of plant, a person may not: 23
(1) Export the species from the State; 24
(2) Possess, process, sell, offer for sale, deliver, carry, transport, or ship the 25
species by any means; or 26
(3) Violate any regulation pertaining to the species or to any threatened 27
species of plant listed pursuant to § 10–2A–04(f) of this subtitle and adopted by the 28
Secretary. 29
(e) Any endangered species of wildlife or plant which enters the State from 30
another state or from a point outside the territorial limits of the United States and which 31
is transported to a point within or beyond the State may enter and be transported without 32 SENATE BILL 916 9
restriction in accordance with the terms of any federal permit or permit issued under the 1
laws or regulations of another state. 2
(f) The Secretary may permit, under the terms and conditions [he] THAT THE 3
SECRETARY prescribes, any act otherwise prohibited by subsections (c) and (d) of this 4
section for scientific purposes or to enhance the propagation or survival of the affected 5
species. 6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 7
1, 2024. 8