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Chapter 621
(Senate Bill 916)
AN ACT concerning
Fish and Wildlife – Endangered and Threatened Species – Definitions, Petitions,
and Regulations
FOR the purpose of requiring certain petitions to review the listing or unlisting of
endangered or threatened species to contain certain information; requiring the
Secretary of Natural Resources to review and, if warranted, update certain
regulations listing endangered or threatened species on or before a certain date, and
every certain number of years thereafter; defining “fish” and “wildlife” for certain
purposes; and generally relating to fish, wildlife, and endangered and threatened
species.
BY repealing and reenacting, without amendments,
Article – Natural Resources
Section 4–101(a), 10–101(a), and 10–2A–01(a), (d), (j), (k), and (l)
Annotated Code of Maryland
(2023 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Natural Resources
Section 4–101(j), 4–2A–01, 4–2A–04(f), 4–2A–05(a), 10–101(dd), 10–2A–04, and
10–2A–05
Annotated Code of Maryland
(2023 Replacement Volume and 2023 Supplement)
BY adding to
Article – Natural Resources
Section 10–2A–01(m)
Annotated Code of Maryland
(2023 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Natural Resources
4–101.
(a) In this title the following words have the meanings indicated.
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(j) “Fish” means, EXCEPT AS PROVIDED I N § 4–2A–01 OF THIS TITLE, finfish,
crustaceans, mollusks, and amphibians and reptiles which spend the majority of their life
cycle in water and any part, egg, offspring, or dead body of any of these species.
4–2A–01.
(a) In this subtitle the following words have the meanings indicated.
(b) “Conserve” means to use all methods and procedures for the purpose of
increasing the number of individuals within species or populations up to the optimum
carrying capacity of their habitat and maintaining these levels. These methods and
procedures include all activities associated with scientific resources management such as
research, census, law enforcement, habitat acquisition and maintenance, propagation, live
trapping, and transplantation, including the periodic or total protection of species or
populations as well as regulated taking. With respect to endangered and threatened
species, the term means to use all methods and procedures including those described above
which are necessary to bring any endangered or threatened species to the point at which
the measures provided for these species pursuant to this subtitle are no longer necessary
except that regulated taking as a method and procedure shall be limited to the
extraordinary case where population pressures within a given ecosystem cannot be
otherwise relieved.
(c) “Ecosystem” means a system of living organisms and their environment, each
influencing the existence of the other and necessary for the maintenance of life.
(d) “Endangered species” means any species whose continued existence as a
viable component of the State’s fish resources is determined to be in jeopardy including any
species of fish determined to be an “endangered species” pursuant to the Endangered
Species Act.
(e) “Endangered Species Act” means the Endangered Species Act of 1973, 87 Stat.
884.
(f) (1) “FISH” MEANS FINFISH , CRUSTACEANS , MOLLUSKS,
INVERTEBRATES , AMPHIBIANS, AND REPTILES THAT SP END THE MAJORITY OF
THEIR LIFE CYCLE IN WATER.
(2) “FISH” INCLUDES ANY PART , EGG, OFFSPRING, PRODUCT, OR
DEAD BODY OF A NY FISH.
(G) “Optimum carrying capacity” means that point at which a given habitat can
support healthy populations of fish species, having regard to the total ecosystem, without
diminishing the ability of the habitat to continue that function.
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[(g)] (H) (1) “Species” includes any subspecies of fish and any other group of
fish of the same species or smaller taxa in common spatial arrangement that interbreed
when mature.
(2) “Species” does not include fish which are bred or raised in authorized
aquaculture operations in nontidal ponds, lakes, or impoundments.
[(h)] (I) “Take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to engage in any such conduct.
[(i)] (J) “Threatened species” means any species of fish which appears likely,
within the foreseeable future, to become endangered, including any species of fish
determined to be a “threatened species” pursuant to the Endangered Species Act.
4–2A–04.
(f) (1) The Secretary shall adopt rules and regulations containing a list of all
species of fish normally occurring within the State determined to be endangered species
and a list of all species determined to be threatened species.
(2) Each list shall refer to the species by scientific and common names and
shall specify with respect to each species over what portion of its range it is endangered or
threatened.
(3) ON OR BEFORE JULY 1, 2026, AND AT LEAST EVERY 5 YEARS
THEREAFTER , THE SECRETARY SHALL REVIE W AND, IF WARRANTED , UPDATE THE
REGULATIONS REQUIRED UNDER THIS SUBSECTIO N.
4–2A–05.
(a) (1) Except with respect to species of fish determined to be endangered or
threatened pursuant to the Endangered Species Act, the Secretary, upon the petition of an
interested person THAT MEETS THE REQUI REMENTS OF PARAGRAPH (2) OF THIS
SUBSECTION , shall conduct a review of any listed or unlisted species proposed to be
removed from or added to the lists published pursuant to § 4–2A–04(f) of this subtitle, if
[he] THE SECRETARY makes and publishes a public notice that the person has presented
substantial evidence which warrants a review.
(2) A PETITION SUBMITTED B Y AN INTERESTED PERS ON UNDER
PARAGRAPH (1) OF THIS SUBSECTION S HALL INCLUDE :
(I) A DESCRIPTION OF THE B IOLOGICAL DISTRIBUTION OF THE
SPECIES IN THE STATE;
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(II) THE LIFE NEEDS AND HA BITAT REQUIREMENTS O F THE
SPECIES;
(III) EVIDENCE:
1. OF THE SPECIES ’ DECLINE, IF THE SPECIES IS AN
UNLISTED SPECIES ; OR
2. THAT THE SPECIES IS M ORE COMMON THAN
PREVIOUSLY BELIEVED AND DOCUMENTED , IF THE SPECIES IS A LISTED SPECIES;
(IV) ALL KNOWN THREATS THA T JEOPARDIZE THE CON TINUED
EXISTENCE OF THE SPE CIES;
(V) ANY OTHER RELEVANT BI OLOGICAL AND ECOLOGI CAL
DATA OR OTHER LIFE H ISTORY INFORMATION P ERTINENT TO THE STATUS OF THE
SPECIES;
(VI) EVIDENCE THAT THE SPE CIES IS RECOGNIZED A S A VALID
SPECIES OR AN INFRAS PECIFIC TAXON OF REG IONAL OR NATIONAL SI GNIFICANCE;
AND
(VII) ADEQUATE DOCUMENTATIO N THAT THE SPECIES O CCURS
NATURALLY AND IS PER MANENTLY EST ABLISHED IN THE STATE.
10–101.
(a) In this title the following words have the meanings indicated.
(dd) (1) “Wildlife” means, EXCEPT AS PROVIDED I N § 10–2A–01 OF THIS
TITLE, every living creature, not human, wild by nature, endowed with sensation and
power of voluntary motion.
(2) “Wildlife” includes mammals, birds, amphibians, and reptiles which
spend a majority of their life cycle on land or any part, egg, offspring, or dead body of any
of them.
10–2A–01.
(a) In this subtitle the following words have the meanings indicated.
(d) (1) “Endangered species” means any species whose continued existence as
a viable component of the State’s wildlife or plants is determined to be in jeopardy.
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(2) “Endangered species” includes any species of wildlife or plant
determined to be an “endangered species” pursuant to the Endangered Species Act.
(j) “Species” includes any subspecies of wildlife or plant and any other group of
wildlife of the same species or smaller taxa in common spatial arrangement that interbreed
when mature.
(k) “Take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture,
or collect, or to attempt to engage in any such conduct.
(l) “Threatened species” means any species of wildlife or plants which appears
likely, within the foreseeable future, to become endangered including any species of wildlife
or plant determined to be a “threatened species” pursuant to the Endangered Species Act.
(M) (1) “WILDLIFE” MEANS EVERY LIVING CREATUR E, NOT HUMAN, WILD
BY NATURE, ENDOWED WITH SENSATION AND P OWER OF VOLUNTARY MO TION ANY
NONDOMESTICATED SPEC IES OR SUBSPECIES OF THE ANIMAL KINGDOM .
(2) “WILDLIFE” INCLUDES:
(I) MAMMALS, BIRDS, AMPHIBIANS, MOLLUSKS,
INVERTEBRATES , CRUSTACEANS , AND REPTILES THAT SP END A MAJORITY OF TH EIR
LIFE CYCLE ON LAND ; AND
(II) ANY PART, EGG, OFFSPRING, PRODUCT, OR DEAD BODY OF
ANY WILDLIFE.
10–2A–04.
(a) (1) Any species of wildlife or plant determined to be endangered species
pursuant to the Endangered Species Act shall be deemed to be an endangered species under
the provisions of this subtitle and any species of wildlife or plant determined to be a
threatened species pursuant to the Endangered Species Act shall be deemed to be a
threatened species under the provisions of this subtitle.
(2) The Secretary may determine, in accordance with this section, that any
threatened species is an endangered species throughout all or any portion of the range of
the species within the State.
(b) In addition to the species deemed to be endangered or threatened pursuant to
the Endangered Species Act, the Secretary, by regulation, shall determine whether any
species of wildlife or plant normally occurring within the State is an endangered or
threatened species due to any of the following factors:
(1) The present or threatened destruction, modification, or curtailment of
its habitat or range; Ch. 621 2024 LAWS OF MARYLAND
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(2) Overutilization for commercial, sporting, scientific, educational, or
other purposes;
(3) Disease or predation;
(4) The inadequacy of existing regulatory mechanisms; or
(5) Other natural or manmade factors affecting its continued existence
within the State.
(c) (1) The Secretary shall make determinations required by subsection (b) of
this section on the basis of the best scientific, commercial, and other data available to and
after consultation, as appropriate, with federal agencies, other interested State agencies,
other states having a common interest in the species, and interested persons and
organizations.
(2) In determining whether any species of wildlife or plant is an
endangered species or a threatened species, the Secretary shall take into consideration any
actions being carried out or about to be carried out by the federal government, other states,
other agencies of this State, or political subdivisions, or by any other person which may
affect the species under consideration.
(d) Except with respect to species of wildlife or plants determined to be
endangered or threatened species under the provisions of subsection (a) of this section, the
Secretary may not add a species to nor remove a species from any list published unless the
Secretary first:
(1) Publishes a public notice of the proposed action;
(2) Furnishes notice of the proposed action to the Governor of any state
sharing a common border with the State and in which the subject species is known to exist;
and
(3) Allows at least 30 days following publication for comment from the
public and other interested parties.
(e) Notwithstanding the provisions of subsection (d) of this section, if the
Department determines that an emergency situation exists involving the continued
existence of the species as a viable component of the State’s wildlife or plants, the
Department may add the species to the lists if the Department publishes a public notice
that an emergency situation exists together with a summary of facts which support this
determination.
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(f) (1) The Secretary shall adopt regulations containing a list of all species of
wildlife and plants normally occurring within the State determined to be endangered
species and a list of all species determined to be threatened species.
(2) Each list shall refer to the species by scientific and common names and
shall specify with respect to each species over what portion of its range it is endangered or
threatened.
(3) ON OR BEFORE JULY 1, 2026, AND AT LEAST EVERY 5 YEARS
THEREAFTER , THE SECRETARY SH ALL REVIEW AND , IF WARRANTED , UPDATE THE
REGULATIONS REQUIRED UNDER THIS SUBSECTIO N.
10–2A–05.
(a) (1) Except with respect to species of wildlife or plants determined to be
endangered or threatened pursuant to the Endangered Species Act, the Secretary, upon the
petition of an interested person THAT MEETS THE REQUI REMENTS OF PARAGRAPH (2)
OF THIS SUBSECTION , 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.
(2) A PETITION SUBMITTED B Y AN INTERESTED PERS ON UNDER
PARAGRAPH (1) OF THIS SUBSECTION S HALL INCLUDE :
(I) A DESCRIPTION OF THE BIOLOGICAL DI STRIBUTION OF THE
SPECIES IN THE STATE;
(II) THE LIFE NEEDS AND HA BITAT REQUIREMENTS O F THE
SPECIES;
(III) EVIDENCE:
1. OF THE SPECIES ’ DECLINE, IF THE SPECIES IS AN
UNLISTED SPECIES ; OR
2. THAT THE SPECIES IS M ORE COMMON THAN
PREVIOUSLY BELIEVED AND DOCUMENTED , IF THE SPECIES IS A LISTED SPECIES;
(IV) ALL KNOWN THREATS THA T JEOPARDIZE THE CON TINUED
EXISTENCE OF THE SPE CIES;
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(V) ANY OTHER RELEVANT BI OLOGICAL AND ECOLOGI CAL
DATA OR OTHER LIFE H ISTORY INFORMATI ON PERTINENT TO THE STATUS OF THE
SPECIES;
(VI) EVIDENCE THAT THE SPE CIES IS RECOGNIZED A S A VALID
SPECIES, OR INFRASPECIFIC TAX A OF REGIONAL OR NAT IONAL SIGNIFICANCE ; AND
(VII) ADEQUATE DOCUMENTATIO N THAT THE SPECIES O CCURS
NATURALLY AND IS PER MANENTLY ESTABLISHED IN THE STATE.
(b) (1) 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.
(2) 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.
(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.
(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.
(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 WES MOORE, Governor Ch. 621
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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.
(f) The Secretary may permit, under the terms and conditions [he] THAT THE
SECRETARY 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.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2024.
Approved by the Governor, May 9, 2024.