MD
Maryland Senate Bill SB916

Maryland 2024 Regular Session

Maryland Senate Bill SB916 Compare Versions

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1- WES MOORE, Governor Ch. 621
21
3-– 1 –
4-Chapter 621
5-(Senate Bill 916)
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+ *sb0916*
89
9-Fish and Wildlife – Endangered and Threatened Species – Definitions, Petitions,
10-and Regulations
10+SENATE BILL 916
11+M1, M2 4lr1235
12+ CF HB 345
13+By: Senator Brooks
14+Introduced and read first time: February 2, 2024
15+Assigned to: Education, Energy, and the Environment
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: February 18, 2024
1119
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; defining “fish” and “wildlife” for certain
17-purposes; and generally relating to fish, wildlife, and endangered and threatened
18-species.
20+CHAPTER ______
1921
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)
22+AN ACT concerning 1
2523
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)
24+Fish and Wildlife – Endangered and Threatened Species – Definitions, Petitions, 2
25+and Regulations 3
3226
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)
27+FOR the purpose of requiring certain petitions to review the listing or unlisting of 4
28+endangered or threatened species to contain certain information; requiring the 5
29+Secretary of Natural Resources to review and, if warranted, update certain 6
30+regulations listing endangered or threatened species on or before a certain date, and 7
31+every certain number of years thereafter; defining “fish” and “wildlife” for certain 8
32+purposes; and generally relating to fish, wildlife, and endangered and threatened 9
33+species. 10
3834
39- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
40-That the Laws of Maryland read as follows:
35+BY repealing and reenacting, without amendments, 11
36+ Article – Natural Resources 12
37+Section 4–101(a), 10–101(a), and 10–2A–01(a), (d), (j), (k), and (l) 13
38+ Annotated Code of Maryland 14
39+ (2023 Replacement Volume and 2023 Supplement) 15
4140
42-Article – Natural Resources
41+BY repealing and reenacting, with amendments, 16
42+ Article – Natural Resources 17
43+Section 4–101(j), 4–2A–01, 4–2A–04(f), 4–2A–05(a), 10–101(dd), 10–2A–04, and 18
44+10–2A–05 19
45+ Annotated Code of Maryland 20
46+ (2023 Replacement Volume and 2023 Supplement) 21
4347
44-4–101.
48+BY adding to 22 2 SENATE BILL 916
4549
46- (a) In this title the following words have the meanings indicated.
47- Ch. 621 2024 LAWS OF MARYLAND
4850
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.
51+ Article – Natural Resources 1
52+Section 10–2A–01(m) 2
53+ Annotated Code of Maryland 3
54+ (2023 Replacement Volume and 2023 Supplement) 4
5355
54-4–2A–01.
56+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
57+That the Laws of Maryland read as follows: 6
5558
56- (a) In this subtitle the following words have the meanings indicated.
59+Article – Natural Resources 7
5760
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.
61+4–101. 8
7162
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.
63+ (a) In this title the following words have the meanings indicated. 9
7464
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.
65+ (j) “Fish” means, EXCEPT AS PROVIDED I N § 4–2A–01 OF THIS TITLE, finfish, 10
66+crustaceans, mollusks, and amphibians and reptiles which spend the majority of their life 11
67+cycle in water and any part, egg, offspring, or dead body of any of these species. 12
7968
80- (e) “Endangered Species Act” means the Endangered Species Act of 1973, 87 Stat.
81-884.
69+4–2A–01. 13
8270
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.
71+ (a) In this subtitle the following words have the meanings indicated. 14
8672
87- (2) “FISH” INCLUDES ANY PART , EGG, OFFSPRING, PRODUCT, OR
88-DEAD BODY OF A NY FISH.
73+ (b) “Conserve” means to use all methods and procedures for the purpose of 15
74+increasing the number of individuals within species or populations up to the optimum 16
75+carrying capacity of their habitat and maintaining these levels. These methods and 17
76+procedures include all activities associated with scientific resources management such as 18
77+research, census, law enforcement, habitat acquisition and maintenance, propagation, live 19
78+trapping, and transplantation, including the periodic or total protection of species or 20
79+populations as well as regulated taking. With respect to endangered and threatened 21
80+species, the term means to use all methods and procedures including those described above 22
81+which are necessary to bring any endangered or threatened species to the point at which 23
82+the measures provided for these species pursuant to this subtitle are no longer necessary 24
83+except that regulated taking as a method and procedure shall be limited to the 25
84+extraordinary case where population pressures within a given ecosystem cannot be 26
85+otherwise relieved. 27
8986
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. 621
87+ (c) “Ecosystem” means a system of living organisms and their environment, each 28
88+influencing the existence of the other and necessary for the maintenance of life. 29
9489
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.
90+ (d) “Endangered species” means any species whose continued existence as a 30
91+viable component of the State’s fish resources is determined to be in jeopardy including any 31
92+species of fish determined to be an “endangered species” pursuant to the Endangered 32
93+Species Act. 33
9994
100- (2) “Species” does not include fish which are bred or raised in authorized
101-aquaculture operations in nontidal ponds, lakes, or impoundments.
95+ (e) “Endangered Species Act” means the Endangered Species Act of 1973, 87 Stat. 34
96+884. 35
97+ SENATE BILL 916 3
10298
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.
10599
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.
100+ (f) (1) “FISH” MEANS FINFISH , CRUSTACEANS , MOLLUSKS, 1
101+INVERTEBRATES , AMPHIBIANS, AND REPTILES THAT SP END THE MAJORITY OF 2
102+THEIR LIFE CYCLE IN WATER. 3
109103
110-4–2A–04.
104+ (2) “FISH” INCLUDES ANY PART , EGG, OFFSPRING, PRODUCT, OR 4
105+DEAD BODY OF ANY FIS H. 5
111106
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.
107+ (G) “Optimum carrying capacity” means that point at which a given habitat can 6
108+support healthy populations of fish species, having regard to the total ecosystem, without 7
109+diminishing the ability of the habitat to continue that function. 8
115110
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.
111+ [(g)] (H) (1) “Species” includes any subspecies of fish and any other group of 9
112+fish of the same species or smaller taxa in common spatial arrangement that interbreed 10
113+when mature. 11
119114
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.
115+ (2) “Species” does not include fish which are bred or raised in authorized 12
116+aquaculture operations in nontidal ponds, lakes, or impoundments. 13
123117
124-4–2A–05.
118+ [(h)] (I) “Take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, 14
119+capture, or collect, or to attempt to engage in any such conduct. 15
125120
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.
121+ [(i)] (J) “Threatened species” means any species of fish which appears likely, 16
122+within the foreseeable future, to become endangered, including any species of fish 17
123+determined to be a “threatened species” pursuant to the Endangered Species Act. 18
133124
134- (2) A PETITION SUBMITTED B Y AN INTERESTED PERS ON UNDER
135-PARAGRAPH (1) OF THIS SUBSECTION S HALL INCLUDE :
125+4–2A–04. 19
136126
137- (I) A DESCRIPTION OF THE B IOLOGICAL DISTRIBUTION OF THE
138-SPECIES IN THE STATE;
139- Ch. 621 2024 LAWS OF MARYLAND
127+ (f) (1) The Secretary shall adopt rules and regulations containing a list of all 20
128+species of fish normally occurring within the State determined to be endangered species 21
129+and a list of all species determined to be threatened species. 22
140130
141-– 4 –
142- (II) THE LIFE NEEDS AND HA BITAT REQUIREMENTS O F THE
143-SPECIES;
131+ (2) Each list shall refer to the species by scientific and common names and 23
132+shall specify with respect to each species over what portion of its range it is endangered or 24
133+threatened. 25
144134
145- (III) EVIDENCE:
135+ (3) ON OR BEFORE JULY 1, 2026, AND AT LEAST EVERY 5 YEARS 26
136+THEREAFTER , THE SECRETARY SHALL REVIE W AND, IF WARRANTED , UPDATE THE 27
137+REGULATIONS REQUIRED UNDER THIS SUBSECTIO N. 28
146138
147- 1. OF THE SPECIES ’ DECLINE, IF THE SPECIES IS AN
148-UNLISTED SPECIES ; OR
139+4–2A–05. 29
149140
150- 2. THAT THE SPECIES IS M ORE COMMON THAN
151-PREVIOUSLY BELIEVED AND DOCUMENTED , IF THE SPECIES IS A LISTED SPECIES;
141+ (a) (1) Except with respect to species of fish determined to be endangered or 30
142+threatened pursuant to the Endangered Species Act, the Secretary, upon the petition of an 31
143+interested person THAT MEETS THE REQUI REMENTS OF PARAGRAPH (2) OF THIS 32
144+SUBSECTION , shall conduct a review of any listed or unlisted species proposed to be 33
145+removed from or added to the lists published pursuant to § 4–2A–04(f) of this subtitle, if 34 4 SENATE BILL 916
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+[he] THE SECRETARY makes and publishes a public notice that the person has presented 1
149+substantial evidence which warrants a review. 2
159150
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
151+ (2) A PETITION SUBMITTED B Y AN INTERESTED PERS ON UNDER 3
152+PARAGRAPH (1) OF THIS SUBSECTION S HALL INCLUDE : 4
163153
164- (VII) ADEQUATE DOCUMENTATIO N THAT THE SPECIES O CCURS
165-NATURALLY AND IS PER MANENTLY EST ABLISHED IN THE STATE.
154+ (I) A DESCRIPTION OF THE B IOLOGICAL DISTRIBUTI ON OF THE 5
155+SPECIES IN THE STATE; 6
166156
167-10–101.
157+ (II) THE LIFE NEEDS AND HA BITAT REQUIRE MENTS OF THE 7
158+SPECIES; 8
168159
169- (a) In this title the following words have the meanings indicated.
160+ (III) EVIDENCE: 9
170161
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.
162+ 1. OF THE SPECIES ’ DECLINE, IF THE SPECIES IS AN 10
163+UNLISTED SPECIES ; OR 11
174164
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.
165+ 2. THAT THE SPECIES IS M ORE COMMON THAN 12
166+PREVIOUSLY BELIEVED AND DOCUMENTED , IF THE SPECIES IS A LISTED SPECIES; 13
178167
179-10–2A–01.
168+ (IV) ALL KNOWN TH REATS THAT JEOPARDIZ E THE CONTINUED 14
169+EXISTENCE OF THE SPE CIES; 15
180170
181- (a) In this subtitle the following words have the meanings indicated.
171+ (V) ANY OTHER RELEVANT BI OLOGICAL AND ECOLOGI CAL 16
172+DATA OR OTHER LIFE H ISTORY INFORMATION P ERTINENT TO THE STAT US OF THE 17
173+SPECIES; 18
182174
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. 621
175+ (VI) EVIDENCE THAT THE SPE CIES IS RECOGNIZED A S A VALID 19
176+SPECIES OR AN INFRAS PECIFIC TAXON OF REG IONAL OR NATIONAL SI GNIFICANCE; 20
177+AND 21
186178
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.
179+ (VII) ADEQUATE DOCUMENTATIO N THAT THE SPECIES O CCURS 22
180+NATURALLY AND IS PER MANENTLY ESTABLISHED IN THE STATE. 23
190181
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.
182+10–101. 24
194183
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.
184+ (a) In this title the following words have the meanings indicated. 25
197185
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.
186+ (dd) (1) “Wildlife” means, EXCEPT AS PROVIDED I N § 10–2A–01 OF THIS 26
187+TITLE, every living creature, not human, wild by nature, endowed with sensation and 27
188+power of voluntary motion. 28
201189
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 .
190+ (2) “Wildlife” includes mammals, birds, amphibians, and reptiles which 29
191+spend a majority of their life cycle on land or any part, egg, offspring, or dead body of any 30
192+of them. 31 SENATE BILL 916 5
205193
206- (2) “WILDLIFE” INCLUDES:
207194
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
211195
212- (II) ANY PART, EGG, OFFSPRING, PRODUCT, OR DEAD BODY OF
213-ANY WILDLIFE.
196+10–2A–01. 1
214197
215-10–2A–04.
198+ (a) In this subtitle the following words have the meanings indicated. 2
216199
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.
200+ (d) (1) “Endangered species” means any species whose continued existence as 3
201+a viable component of the State’s wildlife or plants is determined to be in jeopardy. 4
222202
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.
203+ (2) “Endangered species” includes any species of wildlife or plant 5
204+determined to be an “endangered species” pursuant to the Endangered Species Act. 6
226205
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:
206+ (j) “Species” includes any subspecies of wildlife or plant and any other group of 7
207+wildlife of the same species or smaller taxa in common spatial arrangement that interbreed 8
208+when mature. 9
231209
232- (1) The present or threatened destruction, modification, or curtailment of
233-its habitat or range; Ch. 621 2024 LAWS OF MARYLAND
210+ (k) “Take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, 10
211+or collect, or to attempt to engage in any such conduct. 11
234212
235-– 6 –
213+ (l) “Threatened species” means any species of wildlife or plants which appears 12
214+likely, within the foreseeable future, to become endangered including any species of wildlife 13
215+or plant determined to be a “threatened species” pursuant to the Endangered Species Act. 14
236216
237- (2) Overutilization for commercial, sporting, scientific, educational, or
238-other purposes;
217+ (M) (1) “WILDLIFE” MEANS EVERY LIVING CREATUR E, NOT HUMAN, WILD 15
218+BY NATURE, ENDOWED WITH SENSATI ON AND POWER OF VOLU NTARY MOTION ANY 16
219+NONDOMESTICATED SPEC IES OR SUBSPECIES OF THE ANIMAL KINGDOM . 17
239220
240- (3) Disease or predation;
221+ (2) “WILDLIFE” INCLUDES: 18
241222
242- (4) The inadequacy of existing regulatory mechanisms; or
223+ (I) MAMMALS, BIRDS, AMPHIBIANS, MOLLUSKS, 19
224+INVERTEBRATES , CRUSTACEANS , AND REPTILES THAT SP END A MAJORITY OF TH EIR 20
225+LIFE CYCLE ON LAND ; AND 21
243226
244- (5) Other natural or manmade factors affecting its continued existence
245-within the State.
227+ (II) ANY PART, EGG, OFFSPRING, PRODUCT, OR DEAD BODY OF 22
228+ANY WILDLIFE. 23
246229
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.
230+10–2A–04. 24
252231
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.
232+ (a) (1) Any species of wildlife or plant determined to be endangered species 25
233+pursuant to the Endangered Species Act shall be deemed to be an endangered species under 26
234+the provisions of this subtitle and any species of wildlife or plant determined to be a 27
235+threatened species pursuant to the Endangered Species Act shall be deemed to be a 28
236+threatened species under the provisions of this subtitle. 29
258237
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:
238+ (2) The Secretary may determine, in accordance with this section, that any 30
239+threatened species is an endangered species throughout all or any portion of the range of 31
240+the species within the State. 32 6 SENATE BILL 916
263241
264- (1) Publishes a public notice of the proposed action;
265242
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
269243
270- (3) Allows at least 30 days following publication for comment from the
271-public and other interested parties.
244+ (b) In addition to the species deemed to be endangered or threatened pursuant to 1
245+the Endangered Species Act, the Secretary, by regulation, shall determine whether any 2
246+species of wildlife or plant normally occurring within the State is an endangered or 3
247+threatened species due to any of the following factors: 4
272248
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. 621
249+ (1) The present or threatened destruction, modification, or curtailment of 5
250+its habitat or range; 6
280251
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.
252+ (2) Overutilization for commercial, sporting, scientific, educational, or 7
253+other purposes; 8
285254
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.
255+ (3) Disease or predation; 9
289256
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.
257+ (4) The inadequacy of existing regulatory mechanisms; or 10
293258
294-10–2A–05.
259+ (5) Other natural or manmade factors affecting its continued existence 11
260+within the State. 12
295261
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.
262+ (c) (1) The Secretary shall make determinations required by subsection (b) of 13
263+this section on the basis of the best scientific, commercial, and other data available to and 14
264+after consultation, as appropriate, with federal agencies, other interested State agencies, 15
265+other states having a common interest in the species, and interested persons and 16
266+organizations. 17
303267
304- (2) A PETITION SUBMITTED B Y AN INTERESTED PERS ON UNDER
305-PARAGRAPH (1) OF THIS SUBSECTION S HALL INCLUDE :
268+ (2) In determining whether any species of wildlife or plant is an 18
269+endangered species or a threatened species, the Secretary shall take into consideration any 19
270+actions being carried out or about to be carried out by the federal government, other states, 20
271+other agencies of this State, or political subdivisions, or by any other person which may 21
272+affect the species under consideration. 22
306273
307- (I) A DESCRIPTION OF THE BIOLOGICAL DI STRIBUTION OF THE
308-SPECIES IN THE STATE;
274+ (d) Except with respect to species of wildlife or plants determined to be 23
275+endangered or threatened species under the provisions of subsection (a) of this section, the 24
276+Secretary may not add a species to nor remove a species from any list published unless the 25
277+Secretary first: 26
309278
310- (II) THE LIFE NEEDS AND HA BITAT REQUIREMENTS O F THE
311-SPECIES;
279+ (1) Publishes a public notice of the proposed action; 27
312280
313- (III) EVIDENCE:
281+ (2) Furnishes notice of the proposed action to the Governor of any state 28
282+sharing a common border with the State and in which the subject species is known to exist; 29
283+and 30
314284
315- 1. OF THE SPECIES ’ DECLINE, IF THE SPECIES IS AN
316-UNLISTED SPECIES ; OR
285+ (3) Allows at least 30 days following publication for comment from the 31
286+public and other interested parties. 32
317287
318- 2. THAT THE SPECIES IS M ORE COMMON THAN
319-PREVIOUSLY BELIEVED AND DOCUMENTED , IF THE SPECIES IS A LISTED SPECIES;
288+ (e) Notwithstanding the provisions of subsection (d) of this section, if the 33
289+Department determines that an emergency situation exists involving the continued 34 SENATE BILL 916 7
320290
321- (IV) ALL KNOWN THREATS THA T JEOPARDIZE THE CON TINUED
322-EXISTENCE OF THE SPE CIES;
323- Ch. 621 2024 LAWS OF MARYLAND
324291
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;
292+existence of the species as a viable component of the State’s wildlife or plants, the 1
293+Department may add the species to the lists if the Department publishes a public notice 2
294+that an emergency situation exists together with a summary of facts which support this 3
295+determination. 4
329296
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
297+ (f) (1) The Secretary shall adopt regulations containing a list of all species of 5
298+wildlife and plants normally occurring within the State determined to be endangered 6
299+species and a list of all species determined to be threatened species. 7
332300
333- (VII) ADEQUATE DOCUMENTATIO N THAT THE SPECIES O CCURS
334-NATURALLY AND IS PER MANENTLY ESTABLISHED IN THE STATE.
301+ (2) Each list shall refer to the species by scientific and common names and 8
302+shall specify with respect to each species over what portion of its range it is endangered or 9
303+threatened. 10
335304
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.
305+ (3) ON OR BEFORE JULY 1, 2026, AND AT LEAST EVERY 5 YEARS 11
306+THEREAFTER , THE SECRETARY SHALL REVIEW AND , IF WARRANTED , UPDATE THE 12
307+REGULATIONS REQUIRED UNDER THIS SUBSECTIO N. 13
339308
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.
309+10–2A–05. 14
342310
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:
311+ (a) (1) Except with respect to species of wildlife or plants determined to be 15
312+endangered or threatened pursuant to the Endangered Species Act, the Secretary, upon the 16
313+petition of an interested person THAT MEETS THE REQUI REMENTS OF PARAGRAPH (2) 17
314+OF THIS SUBSECTION , shall conduct a review of any listed or unlisted species proposed to 18
315+be removed from or added to the lists published pursuant to § 10–2A–04(f) of this subtitle, 19
316+if the Secretary publishes public notice that the person has presented substantial evidence 20
317+which warrants a review. 21
345318
346- (1) Export the species from the State;
319+ (2) A PETITION SUBMITTED B Y AN INTERESTED PERS ON UNDER 22
320+PARAGRAPH (1) OF THIS SUBSECTION S HALL INCLUDE : 23
347321
348- (2) Take the species within the State;
322+ (I) A DESCRIPTION OF THE BIOLOG ICAL DISTRIBUTION OF THE 24
323+SPECIES IN THE STATE; 25
349324
350- (3) Possess, process, sell or offer for sale, deliver, carry, transport, or ship
351-the species by any means; or
325+ (II) THE LIFE NEEDS AND HA BITAT REQUIREMENTS O F THE 26
326+SPECIES; 27
352327
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.
328+ (III) EVIDENCE: 28
356329
357- (d) Except as provided in subsection (f) of this section, with respect to any
358-endangered species of plant, a person may not:
330+ 1. OF THE SPECIES ’ DECLINE, IF THE SPECIES IS AN 29
331+UNLISTED SPECIES ; OR 30
359332
360- (1) Export the species from the State;
333+ 2. THAT THE SPECIES IS MORE COMMON THAN 31
334+PREVIOUSLY BELIEVED AND DOCUMENTED , IF THE SPECIES IS A LISTED SPECIES; 32
335+ 8 SENATE BILL 916
361336
362- (2) Possess, process, sell, offer for sale, deliver, carry, transport, or ship the
363-species by any means; or
364337
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.
338+ (IV) ALL KNOWN THREATS THA T JEOPARDIZE THE CON TINUED 1
339+EXISTENCE OF THE SPE CIES; 2
368340
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. 621
341+ (V) ANY OTHER RELEVANT BI OLOGICAL AND ECOLOGI CAL 3
342+DATA OR OTHER LIFE H ISTORY INFORMATION PERTINEN T TO THE STATUS OF T HE 4
343+SPECIES; 5
371344
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.
345+ (VI) EVIDENCE THAT THE SPE CIES IS RECOGNIZED A S A VALID 6
346+SPECIES, OR INFRASPECIFIC TAX A OF REGIONAL OR NAT IONAL SIGNIFICANCE ; AND 7
376347
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.
348+ (VII) ADEQUATE DOCUMENTATIO N THAT THE SPECIES O CCURS 8
349+NATURALLY AND IS PERMANENTLY ESTAB LISHED IN THE STATE. 9
381350
382- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
383-1, 2024.
351+ (b) (1) When any species of wildlife or plant is listed as a threatened species 10
352+pursuant to § 10–2A–04(f) of this subtitle, the Secretary shall adopt regulations necessary 11
353+and advisable to provide for the conservation of the species. 12
384354
385-Approved by the Governor, May 9, 2024.
355+ (2) The Secretary, by regulations, may prohibit with respect to any 13
356+threatened species of wildlife or plant any act prohibited under subsection (c) of this section. 14
357+
358+ (c) Except as provided in subsection (f) of this section and § 10–2A–05.1 of this 15
359+subtitle, with respect to any endangered species of wildlife, a person may not: 16
360+
361+ (1) Export the species from the State; 17
362+
363+ (2) Take the species within the State; 18
364+
365+ (3) Possess, process, sell or offer for sale, deliver, carry, transport, or ship 19
366+the species by any means; or 20
367+
368+ (4) Violate any regulation pertaining to the conservation of the species or 21
369+to any threatened species of wildlife listed pursuant to this subsection and adopted by the 22
370+Secretary pursuant to authority provided by this section. 23
371+
372+ (d) Except as provided in subsection (f) of this section, with respect to any 24
373+endangered species of plant, a person may not: 25
374+
375+ (1) Export the species from the State; 26
376+
377+ (2) Possess, process, sell, offer for sale, deliver, carry, transport, or ship the 27
378+species by any means; or 28
379+
380+ (3) Violate any regulation pertaining to the species or to any threatened 29
381+species of plant listed pursuant to § 10–2A–04(f) of this subtitle and adopted by the 30
382+Secretary. 31
383+ SENATE BILL 916 9
384+
385+
386+ (e) Any endangered species of wildlife or plant which enters the State from 1
387+another state or from a point outside the territorial limits of the United States and which 2
388+is transported to a point within or beyond the State may enter and be transported without 3
389+restriction in accordance with the terms of any federal permit or permit issued under the 4
390+laws or regulations of another state. 5
391+
392+ (f) The Secretary may permit, under the terms and conditions [he] THAT THE 6
393+SECRETARY prescribes, any act otherwise prohibited by subsections (c) and (d) of this 7
394+section for scientific purposes or to enhance the propagation or survival of the affected 8
395+species. 9
396+
397+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 10
398+1, 2024. 11
399+
400+
401+
402+Approved:
403+________________________________________________________________________________
404+ Governor.
405+________________________________________________________________________________
406+ President of the Senate.
407+________________________________________________________________________________
408+ Speaker of the House of Delegates.