Maryland 2025 Regular Session

Maryland Senate Bill SB946 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
4	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	5		sb0946
9	6
10	7		SENATE BILL 946
11	8		M1 5lr2357
12	9		CF HB 894
13	10		By: Senators Carozza, Hester, and McKay
14	11		Introduced and read first time: January 28, 2025
15	12		Assigned to: Education, Energy, and the Environment
16		-	Committee Report: Favorable with amendments
17		-	Senate action: Adopted
18		-	Read second time: February 24, 2025
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Endangered and Threatened Species – Incidental Taking – Bats 2
25	19
26	20		FOR the purpose of authorizing the Secretary of Natural Resources to issue an incidental 3
27	21		taking permit for certain species of bats if an applicant submits a certain plan and 4
28	22		the Secretary makes certain findings; and generally relating to the establishment of 5
29	23		an incidental taking permit for certain species of bats. 6
30	24
31	25		BY repealing and reenacting, with amendments, 7
32	26		Article – Natural Resources 8
33	27		Section 10–2A–05 9
34	28		Annotated Code of Maryland 10
35	29		(2023 Replacement Volume and 2024 Supplement) 11
36	30
37	31		BY repealing and reenacting, without amendments, 12
38	32		Article – Natural Resources 13
39	33		Section 10–2A–05.2 14
40	34		Annotated Code of Maryland 15
41	35		(2023 Replacement Volume and 2024 Supplement) 16
42	36
43	37		BY adding to 17
44	38		Article – Natural Resources 18
45	39		Section 10–2A–05.3 19
46	40		Annotated Code of Maryland 20
47	41		(2023 Replacement Volume and 2024 Supplement) 21
48		-	2 SENATE BILL 946
49	42
	43	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
	44	+	That the Laws of Maryland read as follows: 23
50	45
51		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
52		-	That the Laws of Maryland read as follows: 2
	46	+	Article – Natural Resources 24
53	47
54		-	Article – Natural Resources 3
55		-
56		-	10–2A–05. 4
57		-
58		-	(a) (1) Except with respect to species of wildlife or plants determined to be 5
59		-	endangered or threatened pursuant to the Endangered Species Act, the Secretary, upon the 6
60		-	petition of an interested person that meets the requirements of paragraph (2) of this 7
61		-	subsection, shall conduct a review of any listed or unlisted species proposed to be removed 8
62		-	from or added to the lists published pursuant to § 10–2A–04(f) of this subtitle, if the 9
63		-	Secretary publishes public notice that the person has presented substantial evidence which 10
64		-	warrants a review. 11
65		-
66		-	(2) A petition submitted by an interested person under paragraph (1) of 12
67		-	this subsection shall include: 13
68		-
69		-	(i) A description of the biological distribution of the species in the 14
70		-	State; 15
71		-
72		-	(ii) The life needs and habitat requirements of the species; 16
73		-
74		-	(iii) Evidence: 17
75		-
76		-	1. Of the species’ decline, if the species is an unlisted species; 18
77		-	or 19
78		-
79		-	2. That the species is more common than previously believed 20
80		-	and documented, if the species is a listed species; 21
81		-
82		-	(iv) All known threats that jeopardize the continued existence of the 22
83		-	species; 23
84		-
85		-	(v) Any other relevant biological and ecological data or other life 24
86		-	history information pertinent to the status of the species; 25
87		-
88		-	(vi) Evidence that the species is recognized as a valid species, or 26
89		-	infraspecific taxa of regional or national significance; and 27
90		-
91		-	(vii) Adequate documentation that the species occurs naturally and is 28
92		-	permanently established in the State. 29
93		-
94		-	(b) (1) When any species of wildlife or plant is listed as a threatened species 30
95		-	pursuant to § 10–2A–04(f) of this subtitle, the Secretary shall adopt regulations necessary 31
96		-	and advisable to provide for the conservation of the species. 32
97		-	SENATE BILL 946 3
98		-
99		-
100		-	(2) The Secretary, by regulations, may prohibit with respect to any 1
101		-	threatened species of wildlife or plant any act prohibited under subsection (c) of this section. 2
102		-
103		-	(c) Except as provided in subsection (f) of this section and [§ 10–2A–05.1] §§ 3
104		-	10–2A–05.1, 10–2A–05.2, AND 10–2A–05.3 of this subtitle, with respect to any 4
105		-	endangered species of wildlife, a person may not: 5
106		-
107		-	(1) Export the species from the State; 6
108		-
109		-	(2) Take the species within the State; 7
110		-
111		-	(3) Possess, process, sell or offer for sale, deliver, carry, transport, or ship 8
112		-	the species by any means; or 9
113		-
114		-	(4) Violate any regulation pertaining to the conservation of the species or 10
115		-	to any threatened species of wildlife listed pursuant to this subsection and adopted by the 11
116		-	Secretary pursuant to authority provided by this section. 12
117		-
118		-	(d) Except as provided in subsection (f) of this section, with respect to any 13
119		-	endangered species of plant, a person may not: 14
120		-
121		-	(1) Export the species from the State; 15
122		-
123		-	(2) Possess, process, sell, offer for sale, deliver, carry, transport, or ship the 16
124		-	species by any means; or 17
125		-
126		-	(3) Violate any regulation pertaining to the species or to any threatened 18
127		-	species of plant listed pursuant to § 10–2A–04(f) of this subtitle and adopted by the 19
128		-	Secretary. 20
129		-
130		-	(e) Any endangered species of wildlife or plant which enters the State from 21
131		-	another state or from a point outside the territorial limits of the United States and which 22
132		-	is transported to a point within or beyond the State may enter and be transported without 23
133		-	restriction in accordance with the terms of any federal permit or permit issued under the 24
134		-	laws or regulations of another state. 25
135		-
136		-	(f) The Secretary may permit, under the terms and conditions that the Secretary 26
137		-	prescribes, any act otherwise prohibited by subsections (c) and (d) of this section for 27
138		-	scientific purposes or to enhance the propagation or survival of the affected species. 28
139		-
140		-	10–2A–05.2. 29
141		-
142		-	(a) The Secretary may issue a permit to an applicant that authorizes an 30
143		-	incidental taking of the endangered Delmarva fox squirrel if: 31
144		-
145		-	(1) The applicant submits a conservation plan to the Department that 32
146		-	specifies: 33 4 SENATE BILL 946
	48	+	10–2A–05. 25 2 SENATE BILL 946
147	49
148	50
149	51
150		-	(i) The impact that will likely result from the incidental taking; 1
	52	+	(a) (1) Except with respect to species of wildlife or plants determined to be 1
	53	+	endangered or threatened pursuant to the Endangered Species Act, the Secretary, upon the 2
	54	+	petition of an interested person that meets the requirements of paragraph (2) of this 3
	55	+	subsection, shall conduct a review of any listed or unlisted species proposed to be removed 4
	56	+	from or added to the lists published pursuant to § 10–2A–04(f) of this subtitle, if the 5
	57	+	Secretary publishes public notice that the person has presented substantial evidence which 6
	58	+	warrants a review. 7
151	59
152		-	(ii) ~~The steps that the applicant will take to minimize and mitigate 2~~
153		-	~~the impact;~~ 3
	60	+	(2) A petition submitted by an interested person under paragraph (1) of 8
	61	+	this subsection shall include: 9
154	62
155		-	(iii) The funding that will be available to implement the steps; 4
	63	+	(i) A description of the biological distribution of the species in the 10
	64	+	State; 11
156	65
157		-	(iv) The alternative actions to the incidental taking that the 5
158		-	applicant considered and the reasons that the alternatives were not used; and 6
	66	+	(ii) The life needs and habitat requirements of the species; 12
159	67
160		-	(v) Any other measures that the Secretary requires as being 7
161		-	necessary or appropriate for the purposes of the plan; and 8
	68	+	(iii) Evidence: 13
162	69
163		-	(2) The Secretary finds that: 9
	70	+	1. Of the species’ decline, if the species is an unlisted species; 14
	71	+	or 15
164	72
165		-	~~(i)~~ The ~~incidental taking will not appreciably reduce the likelihood 10~~
166		-	of the ~~survival or recovery of the Delmarva fox squirrel in the wild~~; 11
	73	+	2. That the species is more common than previously believed 16
	74	+	and documented, if the species is a listed species; 17
167	75
168		-	(ii) The ~~applicant will,~~ to the ~~extent practicable, minimize and 12~~
169		-	~~mitigate the impacts of the incidental taking~~; 13
	76	+	(iv) All known threats that jeopardize the continued existence of the 18
	77	+	species; 19
170	78
171		-	(~~iii~~) ~~Adequate funding for the conservation plan is available~~ and ~~the 14~~
172		-	~~plan will be implemented~~; ~~and 15~~
	79	+	(v) Any other relevant biological and ecological data or other life 20
	80	+	history information pertinent to the status of the species; 21
173	81
174		-	(iv) The ~~applicant has obtained the required federal authorization for 16~~
175		-	~~the incidental taking~~ of ~~the Delmarva fox squirrel.~~ 17
	82	+	(vi) Evidence that the species is recognized as a valid species, or 22
	83	+	infraspecific taxa of regional or national significance; and 23
176	84
177		-	(b) The Secretary may adopt regulations to implement and enforce this section. 18
	85	+	(vii) Adequate documentation that the species occurs naturally and is 24
	86	+	permanently established in the State. 25
178	87
179		-	10–2A–05.3. 19
	88	+	(b) (1) When any species of wildlife or plant is listed as a threatened species 26
	89	+	pursuant to § 10–2A–04(f) of this subtitle, the Secretary shall adopt regulations necessary 27
	90	+	and advisable to provide for the conservation of the species. 28
180	91
181		-	(A) THE SECRETARY MAY ISSUE A PERMIT TO AN APPLICA NT THAT 20
182		-	AUTHORIZES AN INCIDE NTAL TAKING OF THE INDIANA BAT , THE EASTERN 21
183		-	SMALL–FOOTED BAT , THE NORTHERN LONG –EARED BAT , OR THE TRICOLOR 22
184		-	TRICOLORED BAT IF: 23
	92	+	(2) The Secretary, by regulations, may prohibit with respect to any 29
	93	+	threatened species of wildlife or plant any act prohibited under subsection (c) of this section. 30
185	94
186		-	(1) THE APPLICANT SUBMITS A CONSERVATION PLAN TO THE 24
187		-	DEPARTMENT THAT SPECI FIES: 25
188		-
189		-	(I) THE IMPACT THAT WILL LIKELY RESULT FROM T HE 26
190		-	INCIDENTAL TAKING ; 27
191		-
192		-	(II) THE STEPS THAT THE AP PLICANT WILL TAKE TO MINIMIZE 28
193		-	AND MITIGATE THE IMP ACT; 29
194		-	SENATE BILL 946 5
195		-
196		-
197		-	(III) THE FUNDING THAT WILL BE AVAILABLE TO IMPL EMENT 1
198		-	THE STEPS; 2
199		-
200		-	(IV) THE ALTERNATIVE ACTIO NS TO THE INCIDENTAL TAKING 3
201		-	THAT THE APPLICANT C ONSIDERED AND THE RE ASONS THAT THE ALTER NATIVES 4
202		-	WERE NOT USED ; AND 5
203		-
204		-	(V) ANY OTHER MEASURES TH AT THE SECRETARY REQUIRES 6
205		-	AS BEING NECESSARY O R APPROPRIATE FOR TH E PURPOSES OF THE PL AN; AND 7
206		-
207		-	(2) THE SECRETARY FINDS THAT : 8
208		-
209		-	(I) THE INCIDENTAL TAKING WILL NOT APPRECIABLY REDUCE 9
210		-	THE LIKELIHOOD OF TH E SURVIVAL OR RECOVE RY OF THE INDIANA BAT, THE 10
211		-	EASTERN SMALL –FOOTED BAT , THE NORTHERN LONG –EARED BAT , OR THE 11
212		-	TRICOLOR TRICOLORED BAT IN THE WILD; 12
213		-
214		-	(II) THE APPLICANT WILL , TO THE EXTENT PRACTI CABLE, 13
215		-	MINIMIZE AND MITIGAT E THE IMPACTS OF THE INCIDENTAL TAKING ; 14
216		-
217		-	(III) ADEQUATE FUNDING FOR THE CONSERVATION PLA N IS 15
218		-	AVAILABLE AND THE PL AN WILL BE IMPLEMENT ED; AND 16
219		-
220		-	(IV) THE APPLICANT HAS OBT AINED THE REQUIRED F EDERAL 17
221		-	AUTHORIZATION FOR TH E INCIDENTAL TAKING OF THE INDIANA BAT, THE EASTERN 18
222		-	SMALL–FOOTED BAT , THE NORTHERN LONG –EARED BAT , OR THE TRICOLOR 19
223		-	TRICOLORED BAT. 20
224		-
225		-	(B) THE SECRETARY MAY ADOPT R EGULATIONS TO IMPLEM ENT AND 21
226		-	ENFORCE THIS SECTION . 22
227		-
228		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
229		-	October 1, 2025. 24
	95	+	(c) Except as provided in subsection (f) of this section and [§ 10–2A–05.1] §§ 31
	96	+	10–2A–05.1, 10–2A–05.2, AND 10–2A–05.3 of this subtitle, with respect to any 32
	97	+	endangered species of wildlife, a person may not: 33 SENATE BILL 946 3
230	98
231	99
232	100
	101	+	(1) Export the species from the State; 1
233	102
234		-	Approved:
235		-	________________________________________________________________________________
236		-	Governor.
237		-	________________________________________________________________________________
238		-	President of the Senate.
239		-	________________________________________________________________________________
240		-	Speaker of the House of Delegates.
	103	+	(2) Take the species within the State; 2
	104	+
	105	+	(3) Possess, process, sell or offer for sale, deliver, carry, transport, or ship 3
	106	+	the species by any means; or 4
	107	+
	108	+	(4) Violate any regulation pertaining to the conservation of the species or 5
	109	+	to any threatened species of wildlife listed pursuant to this subsection and adopted by the 6
	110	+	Secretary pursuant to authority provided by this section. 7
	111	+
	112	+	(d) Except as provided in subsection (f) of this section, with respect to any 8
	113	+	endangered species of plant, a person may not: 9
	114	+
	115	+	(1) Export the species from the State; 10
	116	+
	117	+	(2) Possess, process, sell, offer for sale, deliver, carry, transport, or ship the 11
	118	+	species by any means; or 12
	119	+
	120	+	(3) Violate any regulation pertaining to the species or to any threatened 13
	121	+	species of plant listed pursuant to § 10–2A–04(f) of this subtitle and adopted by the 14
	122	+	Secretary. 15
	123	+
	124	+	(e) Any endangered species of wildlife or plant which enters the State from 16
	125	+	another state or from a point outside the territorial limits of the United States and which 17
	126	+	is transported to a point within or beyond the State may enter and be transported without 18
	127	+	restriction in accordance with the terms of any federal permit or permit issued under the 19
	128	+	laws or regulations of another state. 20
	129	+
	130	+	(f) The Secretary may permit, under the terms and conditions that the Secretary 21
	131	+	prescribes, any act otherwise prohibited by subsections (c) and (d) of this section for 22
	132	+	scientific purposes or to enhance the propagation or survival of the affected species. 23
	133	+
	134	+	10–2A–05.2. 24
	135	+
	136	+	(a) The Secretary may issue a permit to an applicant that authorizes an 25
	137	+	incidental taking of the endangered Delmarva fox squirrel if: 26
	138	+
	139	+	(1) The applicant submits a conservation plan to the Department that 27
	140	+	specifies: 28
	141	+
	142	+	(i) The impact that will likely result from the incidental taking; 29
	143	+
	144	+	(ii) The steps that the applicant will take to minimize and mitigate 30
	145	+	the impact; 31
	146	+	4 SENATE BILL 946
	147	+
	148	+
	149	+	(iii) The funding that will be available to implement the steps; 1
	150	+
	151	+	(iv) The alternative actions to the incidental taking that the 2
	152	+	applicant considered and the reasons that the alternatives were not used; and 3
	153	+
	154	+	(v) Any other measures that the Secretary requires a s being 4
	155	+	necessary or appropriate for the purposes of the plan; and 5
	156	+
	157	+	(2) The Secretary finds that: 6
	158	+
	159	+	(i) The incidental taking will not appreciably reduce the likelihood 7
	160	+	of the survival or recovery of the Delmarva fox squirrel in the wild; 8
	161	+
	162	+	(ii) The applicant will, to the extent practicable, minimize and 9
	163	+	mitigate the impacts of the incidental taking; 10
	164	+
	165	+	(iii) Adequate funding for the conservation plan is available and the 11
	166	+	plan will be implemented; and 12
	167	+
	168	+	(iv) The applicant has obtained the required federal authorization for 13
	169	+	the incidental taking of the Delmarva fox squirrel. 14
	170	+
	171	+	(b) The Secretary may adopt regulations to implement and enforce this section. 15
	172	+
	173	+	10–2A–05.3. 16
	174	+
	175	+	(A) THE SECRETARY MAY ISSUE A PERMIT TO AN APPLICA NT THAT 17
	176	+	AUTHORIZES AN INCIDE NTAL TAKING OF THE INDIANA BAT, THE NORTHERN 18
	177	+	LONG–EARED BAT, OR THE TRICOLOR BAT IF: 19
	178	+
	179	+	(1) THE APPLICANT SUBMITS A CONSERVATION PLAN TO THE 20
	180	+	DEPARTMENT THAT SPECI FIES: 21
	181	+
	182	+	(I) THE IMPACT THAT WILL LIKELY RESULT FROM T HE 22
	183	+	INCIDENTAL TAKING ; 23
	184	+
	185	+	(II) THE STEPS THAT THE APPLICANT W ILL TAKE TO MINIMIZE 24
	186	+	AND MITIGATE THE IMP ACT; 25
	187	+
	188	+	(III) THE FUNDING THAT WILL BE AVAILABLE TO IMPL EMENT 26
	189	+	THE STEPS; 27
	190	+
	191	+	(IV) THE ALTERNATIVE ACTIO NS TO THE INCIDENTAL TAKING 28
	192	+	THAT THE APPLICANT C ONSIDERED AND THE RE ASONS THAT THE ALTER NATIVES 29
	193	+	WERE NOT USED ; AND 30 SENATE BILL 946 5
	194	+
	195	+
	196	+
	197	+	(V) ANY OTHER MEASURES TH AT THE SECRETARY REQUIRES 1
	198	+	AS BEING NECESSARY O R APPROPRIATE FOR TH E PURPOSES OF THE PL AN; AND 2
	199	+
	200	+	(2) THE SECRETARY FINDS THAT : 3
	201	+
	202	+	(I) THE INCIDENTAL TAKING WILL NOT APPRECIABLY REDUCE 4
	203	+	THE LIKELIHOOD OF THE SURVIVAL OR RECO VERY OF THE INDIANA BAT, THE 5
	204	+	NORTHERN LONG –EARED BAT, OR THE TRICOLOR BAT IN THE WILD; 6
	205	+
	206	+	(II) THE APPLICANT WILL , TO THE EXTENT PRACTI CABLE, 7
	207	+	MINIMIZE AND MITIGAT E THE IMPACTS OF THE INCIDENTAL TAKING ; 8
	208	+
	209	+	(III) ADEQUATE FUNDING FOR THE CONSERVATION PLAN IS 9
	210	+	AVAILABLE AND THE PL AN WILL BE IMPLEMENT ED; AND 10
	211	+
	212	+	(IV) THE APPLICANT HAS OBT AINED THE REQUIRED F EDERAL 11
	213	+	AUTHORIZATION FOR TH E INCIDENTAL TAKING OF THE INDIANA BAT , THE 12
	214	+	NORTHERN LONG –EARED BAT, OR THE TRICOLOR BAT. 13
	215	+
	216	+	(B) THE SECRETARY MAY ADOPT REGULATI ONS TO IMPLEMENT AND 14
	217	+	ENFORCE THIS SECTION . 15
	218	+
	219	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
	220	+	October 1, 2025. 17