EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 24, 2025
CHAPTER ______
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
2 SENATE BILL 946
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
10–2A–05. 4
(a) (1) Except with respect to species of wildlife or plants determined to be 5
endangered or threatened pursuant to the Endangered Species Act, the Secretary, upon the 6
petition of an interested person that meets the requirements of paragraph (2) of this 7
subsection, shall conduct a review of any listed or unlisted species proposed to be removed 8
from or added to the lists published pursuant to § 10–2A–04(f) of this subtitle, if the 9
Secretary publishes public notice that the person has presented substantial evidence which 10
warrants a review. 11
(2) A petition submitted by an interested person under paragraph (1) of 12
this subsection shall include: 13
(i) A description of the biological distribution of the species in the 14
State; 15
(ii) The life needs and habitat requirements of the species; 16
(iii) Evidence: 17
1. Of the species’ decline, if the species is an unlisted species; 18
or 19
2. That the species is more common than previously believed 20
and documented, if the species is a listed species; 21
(iv) All known threats that jeopardize the continued existence of the 22
species; 23
(v) Any other relevant biological and ecological data or other life 24
history information pertinent to the status of the species; 25
(vi) Evidence that the species is recognized as a valid species, or 26
infraspecific taxa of regional or national significance; and 27
(vii) Adequate documentation that the species occurs naturally and is 28
permanently established in the State. 29
(b) (1) When any species of wildlife or plant is listed as a threatened species 30
pursuant to § 10–2A–04(f) of this subtitle, the Secretary shall adopt regulations necessary 31
and advisable to provide for the conservation of the species. 32
SENATE BILL 946 3
(2) The Secretary, by regulations, may prohibit with respect to any 1
threatened species of wildlife or plant any act prohibited under subsection (c) of this section. 2
(c) Except as provided in subsection (f) of this section and [§ 10–2A–05.1] §§ 3
10–2A–05.1, 10–2A–05.2, AND 10–2A–05.3 of this subtitle, with respect to any 4
endangered species of wildlife, a person may not: 5
(1) Export the species from the State; 6
(2) Take the species within the State; 7
(3) Possess, process, sell or offer for sale, deliver, carry, transport, or ship 8
the species by any means; or 9
(4) Violate any regulation pertaining to the conservation of the species or 10
to any threatened species of wildlife listed pursuant to this subsection and adopted by the 11
Secretary pursuant to authority provided by this section. 12
(d) Except as provided in subsection (f) of this section, with respect to any 13
endangered species of plant, a person may not: 14
(1) Export the species from the State; 15
(2) Possess, process, sell, offer for sale, deliver, carry, transport, or ship the 16
species by any means; or 17
(3) Violate any regulation pertaining to the species or to any threatened 18
species of plant listed pursuant to § 10–2A–04(f) of this subtitle and adopted by the 19
Secretary. 20
(e) Any endangered species of wildlife or plant which enters the State from 21
another state or from a point outside the territorial limits of the United States and which 22
is transported to a point within or beyond the State may enter and be transported without 23
restriction in accordance with the terms of any federal permit or permit issued under the 24
laws or regulations of another state. 25
(f) The Secretary may permit, under the terms and conditions that the Secretary 26
prescribes, any act otherwise prohibited by subsections (c) and (d) of this section for 27
scientific purposes or to enhance the propagation or survival of the affected species. 28
10–2A–05.2. 29
(a) The Secretary may issue a permit to an applicant that authorizes an 30
incidental taking of the endangered Delmarva fox squirrel if: 31
(1) The applicant submits a conservation plan to the Department that 32
specifies: 33 4 SENATE BILL 946
(i) The impact that will likely result from the incidental taking; 1
(ii) The steps that the applicant will take to minimize and mitigate 2
the impact; 3
(iii) The funding that will be available to implement the steps; 4
(iv) The alternative actions to the incidental taking that the 5
applicant considered and the reasons that the alternatives were not used; and 6
(v) Any other measures that the Secretary requires as being 7
necessary or appropriate for the purposes of the plan; and 8
(2) The Secretary finds that: 9
(i) The incidental taking will not appreciably reduce the likelihood 10
of the survival or recovery of the Delmarva fox squirrel in the wild; 11
(ii) The applicant will, to the extent practicable, minimize and 12
mitigate the impacts of the incidental taking; 13
(iii) Adequate funding for the conservation plan is available and the 14
plan will be implemented; and 15
(iv) The applicant has obtained the required federal authorization for 16
the incidental taking of the Delmarva fox squirrel. 17
(b) The Secretary may adopt regulations to implement and enforce this section. 18
10–2A–05.3. 19
(A) THE SECRETARY MAY ISSUE A PERMIT TO AN APPLICA NT THAT 20
AUTHORIZES AN INCIDE NTAL TAKING OF THE INDIANA BAT , THE EASTERN 21
SMALL–FOOTED BAT , THE NORTHERN LONG –EARED BAT , OR THE TRICOLOR 22
TRICOLORED BAT IF: 23
(1) THE APPLICANT SUBMITS A CONSERVATION PLAN TO THE 24
DEPARTMENT THAT SPECI FIES: 25
(I) THE IMPACT THAT WILL LIKELY RESULT FROM T HE 26
INCIDENTAL TAKING ; 27
(II) THE STEPS THAT THE AP PLICANT WILL TAKE TO MINIMIZE 28
AND MITIGATE THE IMP ACT; 29
SENATE BILL 946 5
(III) THE FUNDING THAT WILL BE AVAILABLE TO IMPL EMENT 1
THE STEPS; 2
(IV) THE ALTERNATIVE ACTIO NS TO THE INCIDENTAL TAKING 3
THAT THE APPLICANT C ONSIDERED AND THE RE ASONS THAT THE ALTER NATIVES 4
WERE NOT USED ; AND 5
(V) ANY OTHER MEASURES TH AT THE SECRETARY REQUIRES 6
AS BEING NECESSARY O R APPROPRIATE FOR TH E PURPOSES OF THE PL AN; AND 7
(2) THE SECRETARY FINDS THAT : 8
(I) THE INCIDENTAL TAKING WILL NOT APPRECIABLY REDUCE 9
THE LIKELIHOOD OF TH E SURVIVAL OR RECOVE RY OF THE INDIANA BAT, THE 10
EASTERN SMALL –FOOTED BAT , THE NORTHERN LONG –EARED BAT , OR THE 11
TRICOLOR TRICOLORED BAT IN THE WILD; 12
(II) THE APPLICANT WILL , TO THE EXTENT PRACTI CABLE, 13
MINIMIZE AND MITIGAT E THE IMPACTS OF THE INCIDENTAL TAKING ; 14
(III) ADEQUATE FUNDING FOR THE CONSERVATION PLA N IS 15
AVAILABLE AND THE PL AN WILL BE IMPLEMENT ED; AND 16
(IV) THE APPLICANT HAS OBT AINED THE REQUIRED F EDERAL 17
AUTHORIZATION FOR TH E INCIDENTAL TAKING OF THE INDIANA BAT, THE EASTERN 18
SMALL–FOOTED BAT , THE NORTHERN LONG –EARED BAT , OR THE TRICOLOR 19
TRICOLORED BAT. 20
(B) THE SECRETARY MAY ADOPT R EGULATIONS TO IMPLEM ENT AND 21
ENFORCE THIS SECTION . 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
October 1, 2025. 24
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.