(a) In general. -- 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.
(b) Regulations. -- The Secretary shall adopt regulations to implement and enforce this section.
Citation: Md. NATURAL RESOURCES Code Ann. § 10-2A-05.1