...Take
(k) “Take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct....
Citation: MD Code, Natural Resources, § 10-2A-01.
...Prohibited actions relating to endangered wildlife species
(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.
Prohibited actions relating to endangered plant species
(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....
Citation: MD Code, Natural Resources, § 10-2A-05.
Permit to authorize taking
(a) The Secretary shall issue a permit to an applicant that authorizes an incidental taking of the endangered Puritan Tiger Beetle if:
(1) The applicant submits a conservation plan to the Department that specifies:
(i) The impact that will likely result from the incidental taking;
(ii) The steps that the applicant will take to minimize and mitigate the impact, and the funding that will be available to implement the steps;
(iii) The alternative actions to the incidental taking that the applicant considered and the reasons that the alternatives were not used; and
(iv) Any other measures that the Secretary requires as being reasonably necessary or appropriate for the purposes of the plan; and
(2) The Secretary finds that:
(i) The incidental taking will not appreciably reduce the likelihood of the survival or recovery of the Puritan Tiger Beetle in the wild;
(ii) The applicant will, to the extent practicable, minimize and mitigate the impacts of the incidental taking;
(iii) Adequate funding for the conservation plan is available and the plan will be implemented; and
(iv) The applicant has obtained the required federal authorization for the incidental taking of the Puritan Tiger Beetle.
Regulations
(b) The Secretary shall adopt regulations to implement and enforce this section.
Citation: MD Code, Natural Resources, § 10-2A-05.1.
Permit to authorize taking
(a) The Secretary may issue a permit to an applicant that authorizes an incidental taking of the endangered Delmarva fox squirrel if:
(1) The applicant submits a conservation plan to the Department that specifies:
(i) The impact that will likely result from the incidental taking;
(ii) The steps that the applicant will take to minimize and mitigate the impact;
(iii) The funding that will be available to implement the steps;
(iv) The alternative actions to the incidental taking that the applicant considered and the reasons that the alternatives were not used; and
(v) Any other measures that the Secretary requires as being necessary or appropriate for the purposes of the plan; and
(2) The Secretary finds that:
(i) The incidental taking will not appreciably reduce the likelihood of the survival or recovery of the Delmarva fox squirrel in the wild;
(ii) The applicant will, to the extent practicable, minimize and mitigate the impacts of the incidental taking;
(iii) Adequate funding for the conservation plan is available and the plan will be implemented; and
(iv) The applicant has obtained the required federal authorization for the incidental taking of the Delmarva fox squirrel.
Regulations (b) The Secretary may adopt regulations to implement and enforce this section.
Citation: MD Code, Natural Resources, § 10-2A-05.2.
In general
(a) The Secretary shall establish programs, including acquisition of land or aquatic habitat or interests in the land or aquatic habitats, necessary for the conservation of nongame, threatened, or endangered species of wildlife or plants. The Secretary shall use all vested authority to carry out the provisions of this subsection.
Consultation with Secretary of Agriculture, other states
(b) In carrying out programs authorized by this section, the Secretary shall consult with the State Secretary of Agriculture and other states having a common interest in particular species of nongame, endangered, or threatened species of wildlife or plants. The Secretary may enter into agreements with federal agencies, other states, political subdivisions of the State, or with individuals with respect to programs designed to conserve nongame, endangered, or threatened species of wildlife or plants, including agreements for administration and management established under this section or utilized for conservation of nongame, endangered, or threatened species of wildlife or plants.
Review of programs by Governor
(c) The Governor shall review other programs administered by the Governor and utilize these programs in furtherance of the purposes of this subtitle. All State departments and agencies, in consultation with and with the assistance of the Secretary, shall utilize their authorities in furtherance of the purposes of this subtitle by carrying out programs for the conservation of endangered species and threatened species listed pursuant to § 10-2A-04(f) of this subtitle, and by taking any action necessary to insure that actions authorized, funded, or carried out by them do not jeopardize the continued existence of the endangered species or threatened species or result in the destruction or modification of habitat of the species which is deemed by the Secretary to be critical.
Regulations
(d) The Secretary shall adopt regulations necessary to implement this section.
Citation: MD Code, Natural Resources, § 10-2A-06.
Investigations
(a) The Secretary shall conduct investigations of the fish resources of the State in order to develop information relating to population, distribution, habitat needs, limiting factors, and other biological and ecological data to determine conservation measures necessary for their continued ability to sustain themselves successfully. On the basis of these determinations the Secretary shall issue proposed rules and regulations not later than July 1, 1976 and develop conservation programs designed to insure the continued ability of fish deemed in need of conservation to perpetuate themselves successfully. The Secretary shall conduct ongoing investigations of the fish resources of the State and may amend these rules and regulations.
Rules and regulations setting limitations
(b) The Secretary, by rules and regulations, shall adopt limitations relating to taking, possession, transportation, exportation, processing, sale or offer for sale, or shipment necessary to conserve fish.
Fish in need of conservation
(c) Except as provided in rules and regulations adopted by the Secretary, no person may take, possess, transport, export, process, sell, offer for sale, or ship any fish deemed by the Department to be in need of conservation pursuant to this section, nor may any common or contract carrier knowingly transport or receive for shipment any fish deemed by the Secretary to be in need of conservation pursuant to this section.
Citation: MD Code, Natural Resources, § 4-2A-03.
...Restrictions from section
(c) Except as provided in subsection (f) of this section, with respect to any endangered species of fish, no person may:
(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.
Restrictions from regulations
(d) Except as provided in subsection (f) of this section, with respect to any endangered species of fish, no person may:
(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 fish listed pursuant to § 4-2A-04(f) of this subtitle and adopted by the Secretary.
Citation: MD Code, Natural Resources, § 4-2A-05.
Duty of Secretary
(a) The Secretary shall establish programs, including acquisition of land or aquatic habitat or interests therein, necessary for the conservation of threatened or endangered species of fish. The Secretary shall use all vested authority to carry out the provisions of this subsection.
Consultation with other states
(b) In carrying out programs authorized by this section, the Secretary shall consult with other states having a common interest in particular species of endangered or threatened species of fish and may enter into agreements with federal agencies, other states, political subdivisions of this State, or with individuals with respect to programs designed to conserve endangered or threatened species of fish including agreements for administration and management of any that are established under this section or utilized for conservation of endangered or threatened species of fish.
Review of programs by Governor
(c) The Governor shall review other programs administered by him and utilize these programs in furtherance of the purposes of this subtitle. All State departments and agencies, in consultation with and with the assistance of the Secretary, shall utilize their authorities in furtherance of the purposes of this subtitle by carrying out programs for the conservation of endangered species and threatened species listed pursuant to § 4-2A-04 (f) of this subtitle and by taking any action necessary to insure that actions authorized, funded, or carried out by them do not jeopardize the continued existence of the endangered species or threatened species or result in the destruction or modification of habitat of the species which is deemed by the Secretary to be critical.
Rules and regulations
(d) The Secretary shall adopt rules and regulations necessary to implement this section.
Citation: MD Code, Natural Resources, § 4-2A-06.
In general
(a) A custodian may deny inspection of a public record that contains information concerning the site-specific location of an endangered or threatened species of plant or animal, a species of plant or animal in need of conservation, a cave, or a historic property as defined in § 5A-301 of the State Finance and Procurement Article.
Circumstances under which denial prohibited
(b) A custodian may not deny inspection of a public record described in subsection (a) of this section if requested by:
(1) the owner of the land on which the resource is located; or
(2) any entity that is authorized to take the land through the right of eminent domain.
Citation: MD Code, General Provisions, § 4-350.
...Regulations
(b) Regulations adopted or amended under subsection (a)(1) of this section shall:
(1) Establish comprehensive standards and procedures for:...
(xiii) In consultation with appropriate State and federal agencies, the conservation and protection of:
1. Habitat protection areas;
2. Threatened and endangered species;
3. Species in need of conservation...
Citation: MD Code, Natural Resources, § 8-1806.
The Department shall deny the permit if the Department determines that:
(1) The proposed operation shall violate a requirement of this subtitle or a regulation adopted under this subtitle;
(2) The proposed drilling or well operation poses a substantial threat to public safety or a risk of significant adverse environmental impact to, but not limited to, the following:...
(iv) Endangered or threatened species, species in need of conservation, or the habitat of any of them...
Citation: MD Code, Environment, § 14-108.
...Priority for retention and protection
(c)(2) The following trees, shrubs, plants, and specific areas shall be considered priority for retention and protection, and they shall be left in an undisturbed condition unless the applicant has demonstrated, to the satisfaction of the State or local authority, that the applicant qualifies for a variance under § 5-1611 of this subtitle:
(i) Trees, shrubs, or plants identified on the list of rare, threatened, and endangered species of the U.S. Fish and Wildlife Service or the Department...
Citation: MD Code, Natural Resources, § 5-1607.
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Explosives” means normal commercial explosives, blasting agents, and detonators.
(3) “Seismic operations” means the controlled application of vibratory energy from any source to determine if favorable conditions exist for the subsurface entrapment of oil or gas.
(4) “Seismic section” means a graphic, near-vertical display of waveform data that is usually processed by a computer program to facilitate the interpretation of subsurface conditions.
Permit required; application
(b)(1) Unless a person obtains a permit from the Department, a person may not conduct seismic operations in the State...
(6) The Department may deny an application for a permit if:...
(ii) The proposed activity poses a substantial risk of causing environmental damage that cannot be mitigated by the applicant, particularly to:...
4. An endangered or threatened species or the habitat of any of these species...
Citation: MD Code, Environment, § 14-109.