EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0946*
SENATE BILL 946
M1 5lr2357
CF HB 894
By: Senators Carozza, Hester, and McKay
Introduced and read first time: January 28, 2025
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Endangered and Threatened Species – Incidental Taking – Bats 2
FOR the purpose of authorizing the Secretary of Natural Resources to issue an incidental 3
taking permit for certain species of bats if an applicant submits a certain plan and 4
the Secretary makes certain findings; and generally relating to the establishment of 5
an incidental taking permit for certain species of bats. 6
BY repealing and reenacting, with amendments, 7
Article – Natural Resources 8
Section 10–2A–05 9
Annotated Code of Maryland 10
(2023 Replacement Volume and 2024 Supplement) 11
BY repealing and reenacting, without amendments, 12
Article – Natural Resources 13
Section 10–2A–05.2 14
Annotated Code of Maryland 15
(2023 Replacement Volume and 2024 Supplement) 16
BY adding to 17
Article – Natural Resources 18
Section 10–2A–05.3 19
Annotated Code of Maryland 20
(2023 Replacement Volume and 2024 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Natural Resources 24
10–2A–05. 25 2 SENATE BILL 946
(a) (1) Except with respect to species of wildlife or plants determined to be 1
endangered or threatened pursuant to the Endangered Species Act, the Secretary, upon the 2
petition of an interested person that meets the requirements of paragraph (2) of this 3
subsection, shall conduct a review of any listed or unlisted species proposed to be removed 4
from or added to the lists published pursuant to § 10–2A–04(f) of this subtitle, if the 5
Secretary publishes public notice that the person has presented substantial evidence which 6
warrants a review. 7
(2) A petition submitted by an interested person under paragraph (1) of 8
this subsection shall include: 9
(i) A description of the biological distribution of the species in the 10
State; 11
(ii) The life needs and habitat requirements of the species; 12
(iii) Evidence: 13
1. Of the species’ decline, if the species is an unlisted species; 14
or 15
2. That the species is more common than previously believed 16
and documented, if the species is a listed species; 17
(iv) All known threats that jeopardize the continued existence of the 18
species; 19
(v) Any other relevant biological and ecological data or other life 20
history information pertinent to the status of the species; 21
(vi) Evidence that the species is recognized as a valid species, or 22
infraspecific taxa of regional or national significance; and 23
(vii) Adequate documentation that the species occurs naturally and is 24
permanently established in the State. 25
(b) (1) When any species of wildlife or plant is listed as a threatened species 26
pursuant to § 10–2A–04(f) of this subtitle, the Secretary shall adopt regulations necessary 27
and advisable to provide for the conservation of the species. 28
(2) The Secretary, by regulations, may prohibit with respect to any 29
threatened species of wildlife or plant any act prohibited under subsection (c) of this section. 30
(c) Except as provided in subsection (f) of this section and [§ 10–2A–05.1] §§ 31
10–2A–05.1, 10–2A–05.2, AND 10–2A–05.3 of this subtitle, with respect to any 32
endangered species of wildlife, a person may not: 33 SENATE BILL 946 3
(1) Export the species from the State; 1
(2) Take the species within the State; 2
(3) Possess, process, sell or offer for sale, deliver, carry, transport, or ship 3
the species by any means; or 4
(4) Violate any regulation pertaining to the conservation of the species or 5
to any threatened species of wildlife listed pursuant to this subsection and adopted by the 6
Secretary pursuant to authority provided by this section. 7
(d) Except as provided in subsection (f) of this section, with respect to any 8
endangered species of plant, a person may not: 9
(1) Export the species from the State; 10
(2) Possess, process, sell, offer for sale, deliver, carry, transport, or ship the 11
species by any means; or 12
(3) Violate any regulation pertaining to the species or to any threatened 13
species of plant listed pursuant to § 10–2A–04(f) of this subtitle and adopted by the 14
Secretary. 15
(e) Any endangered species of wildlife or plant which enters the State from 16
another state or from a point outside the territorial limits of the United States and which 17
is transported to a point within or beyond the State may enter and be transported without 18
restriction in accordance with the terms of any federal permit or permit issued under the 19
laws or regulations of another state. 20
(f) The Secretary may permit, under the terms and conditions that the Secretary 21
prescribes, any act otherwise prohibited by subsections (c) and (d) of this section for 22
scientific purposes or to enhance the propagation or survival of the affected species. 23
10–2A–05.2. 24
(a) The Secretary may issue a permit to an applicant that authorizes an 25
incidental taking of the endangered Delmarva fox squirrel if: 26
(1) The applicant submits a conservation plan to the Department that 27
specifies: 28
(i) The impact that will likely result from the incidental taking; 29
(ii) The steps that the applicant will take to minimize and mitigate 30
the impact; 31
4 SENATE BILL 946
(iii) The funding that will be available to implement the steps; 1
(iv) The alternative actions to the incidental taking that the 2
applicant considered and the reasons that the alternatives were not used; and 3
(v) Any other measures that the Secretary requires a s being 4
necessary or appropriate for the purposes of the plan; and 5
(2) The Secretary finds that: 6
(i) The incidental taking will not appreciably reduce the likelihood 7
of the survival or recovery of the Delmarva fox squirrel in the wild; 8
(ii) The applicant will, to the extent practicable, minimize and 9
mitigate the impacts of the incidental taking; 10
(iii) Adequate funding for the conservation plan is available and the 11
plan will be implemented; and 12
(iv) The applicant has obtained the required federal authorization for 13
the incidental taking of the Delmarva fox squirrel. 14
(b) The Secretary may adopt regulations to implement and enforce this section. 15
10–2A–05.3. 16
(A) THE SECRETARY MAY ISSUE A PERMIT TO AN APPLICA NT THAT 17
AUTHORIZES AN INCIDE NTAL TAKING OF THE INDIANA BAT, THE NORTHERN 18
LONG–EARED BAT, OR THE TRICOLOR BAT IF: 19
(1) THE APPLICANT SUBMITS A CONSERVATION PLAN TO THE 20
DEPARTMENT THAT SPECI FIES: 21
(I) THE IMPACT THAT WILL LIKELY RESULT FROM T HE 22
INCIDENTAL TAKING ; 23
(II) THE STEPS THAT THE APPLICANT W ILL TAKE TO MINIMIZE 24
AND MITIGATE THE IMP ACT; 25
(III) THE FUNDING THAT WILL BE AVAILABLE TO IMPL EMENT 26
THE STEPS; 27
(IV) THE ALTERNATIVE ACTIO NS TO THE INCIDENTAL TAKING 28
THAT THE APPLICANT C ONSIDERED AND THE RE ASONS THAT THE ALTER NATIVES 29
WERE NOT USED ; AND 30 SENATE BILL 946 5
(V) ANY OTHER MEASURES TH AT THE SECRETARY REQUIRES 1
AS BEING NECESSARY O R APPROPRIATE FOR TH E PURPOSES OF THE PL AN; AND 2
(2) THE SECRETARY FINDS THAT : 3
(I) THE INCIDENTAL TAKING WILL NOT APPRECIABLY REDUCE 4
THE LIKELIHOOD OF THE SURVIVAL OR RECO VERY OF THE INDIANA BAT, THE 5
NORTHERN LONG –EARED BAT, OR THE TRICOLOR BAT IN THE WILD; 6
(II) THE APPLICANT WILL , TO THE EXTENT PRACTI CABLE, 7
MINIMIZE AND MITIGAT E THE IMPACTS OF THE INCIDENTAL TAKING ; 8
(III) ADEQUATE FUNDING FOR THE CONSERVATION PLAN IS 9
AVAILABLE AND THE PL AN WILL BE IMPLEMENT ED; AND 10
(IV) THE APPLICANT HAS OBT AINED THE REQUIRED F EDERAL 11
AUTHORIZATION FOR TH E INCIDENTAL TAKING OF THE INDIANA BAT , THE 12
NORTHERN LONG –EARED BAT, OR THE TRICOLOR BAT. 13
(B) THE SECRETARY MAY ADOPT REGULATI ONS TO IMPLEMENT AND 14
ENFORCE THIS SECTION . 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2025. 17