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08.03.08.00.htm 08.03.08.00. Title 08 DEPARTMENT OF NATURAL RESOURCES Subtitle 03 WILDLIFE Chapter 08 Threatened and Endangered Species Authority: Natural Resources Article, §4-2A-01―4-2A-09 and 10-2A-01―10-2A-09, Annotated Code of Maryland
08.03.08.01.htm 08.03.08.01. 01 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Administration” means the Wildlife and Heritage Service.. 2) “Director” means the Director of the Wildlife and Heritage Service.. 3) “Endangered extirpated species” means any species that was once a viable component of the flora or fauna of the State but for which no naturally occurring populations are known to exist in the State. Most of these species
08.03.08.02.htm 08.03.08.02. 02 Petitioning.. A. Except for species determined to be threatened or endangered pursuant to the federal Endangered Species Act of 1973, 16 U.S.C. § 1531-1543, any interested person may petition the Director to add or remove a species or natural heritage area to or from a list in this chapter. The Director shall review the evidence regarding the requested action and make a recommendation to the Secretary whether or not to list or delist the species or natural heritage area.
08.03.08.03.htm 08.03.08.03. 03 Permits.. A. Permits to take, transport, possess, sell, offer for sale, export or import any listed species may be obtained from the Director only after written application on a form provided by the Administration, and upon payment of a fee of $10.B. Each permit shall be subject to an expiration date and other limitations as may be prescribed by the Director.C. Each permit application requesting permission to take a listed species from private property shal
08.03.08.04.htm 08.03.08.04. 04 Endangered Species of Wildlife, Reptiles, Amphibians, Mollusks, Crustaceans, and Finfish.. A. Listing Criteria. The following factors shall be considered for listing any species other than plants as endangered:1) Whether the species is restricted to a minimal geographic area within Maryland;. 2) Whether the species has experienced a rapid, substantial decline in Maryland, and if the decline continues, the species' extirpation from Maryland is imminent;
08.03.08.05.htm 08.03.08.05. 05 Endangered Species of Plants.. A. Listing Criteria. The following factors shall be considered for listing a plant species as endangered:1) Whether only a few populations are known in Maryland and they cover only a small portion of land;. 2) Whether the species is restricted to a minimal geographic area;. 3) Whether the species has experienced a substantial decline in Maryland, and if the decline continues, the species’ extirpation from Maryland is imminent;
08.03.08.06.htm 08.03.08.06. 06 Endangered Extirpated Species.. A. Listing Criteria. The following factors shall be considered for listing a species as endangered extirpated:1) The species was once a viable component of the State’s flora and fauna and there are no records of it naturally occurring in Maryland after 1950; or2) The species was once a viable component of the State’s flora and fauna and recent scientific investigations have documented the loss of its habitat or disappearance of its
08.03.08.07.htm 08.03.08.07. 07 Threatened Species of Wildlife, Reptiles, Amphibians, Mollusks, Crustaceans, and Finfish.. A. Listing Criteria. The following factors shall be considered for listing species other than plant species as threatened:1) Whether the species has experienced a steady, substantial decline in Maryland, and if the decline continues, the species is likely to become endangered;2) Whether there has been steady, widespread loss of the species' essential habitat; or. 3) Whether protection mea
08.03.08.08.htm 08.03.08.08. 08 Threatened Species of Plants.. A. Listing Criteria. The following factors shall be considered for listing a plant species as threatened:1) Whether the species has experienced a substantial decline in Maryland, and if the decline continues, the species is likely to become endangered;2) Whether there has been a steady widespread loss of the species’ essential habitat; or. 3) Whether the species has been listed as endangered but it has been shown that protection measures
08.03.08.09.htm 08.03.08.09. 09 Species in Need of Conservation.. A. Listing Criteria. The following factors shall be considered for listing a species as in need of conservation:1) Whether the population is limited or declining within Maryland; and. 2) Whether the species may become threatened in the foreseeable future, if current trends or conditions persist.B. Permits. The permit procedures to be followed are set forth in Regulation .03 of this chapter. The following apply:1) Except by special perm
08.03.08.10.htm 08.03.08.10. 10 Natural Heritage Areas.. A. Listing Criteria. In order to qualify as a natural heritage area a natural community shall:. 1) Contain one or more threatened or endangered species or wildlife species in need of conservation;. 2) Be a unique blend of geological, hydrological, climatalogical or biological features; and. 3) Be considered to be among the best Statewide examples of its kind.. B. The Administration shall prepare maps describing the location of all nat
08.03.08.11.htm 08.03.08.11. 11 Restricted Areas.. A. Without written permission from the Secretary, a person may not trespass, enter, or release an animal on lands owned or controlled by the State which are located between the mean high and mean low water lines of waters of the State and which are posted in a conspicuous manner as a restricted area for the purpose of protecting:1) An endangered or threatened species of wildlife or plant listed in this chapter; or.
08.03.08.12.htm 08.03.08.12. 12 Additional Lists.. The Fisheries Service also maintains a list of fish species that are designated as endangered, threatened, or in need of conservation under COMAR 08.02.12. Regulations implementing protective measures for these species appear elsewhere under COMAR 08.02.
08.03.08.13.htm 08.03.08.13. 13 Violation of Regulations.. Violation of these regulations is a misdemeanor punishable under Natural Resources Article, 10-2A-07, 10-1101, 10-1105-10-1108, 4-2A-07, 4-1201, 4-1205-4-1207, and 4-1209, Annotated Code of Maryland.
08.03.08.14.htm 08.03.08.14. 14 Puritan Tiger Beetle Incidental Taking.. A. Permit Required. A person shall obtain a permit from the Department before the person may conduct any activity that will result in the incidental taking of Puritan tiger beetles.B. Application. To apply for a permit for the incidental taking of Puritan tiger beetles, an applicant shall submit the following information to the Department:1) A completed application form including the applicant's:. b) Address of residence or business;.
08.03.08.15.htm 08.03.08.15. 15 Protected Nongame Mammals.. A. A person may not take, export, possess, process, sell, offer for sale, deliver, carry, transport, or ship by any means, except by special permit issued by the Department, nongame mammals listed in §C of this regulation.B. Permits.. 1) Permits to take protected nongame mammals may only be issued for:. a) Scientific research;. b) Educational purposes designed to further public awareness regarding the species;.
08.03.08.9999.htm 08.03.08.9999. Administrative History Effective date:. Regulations .01 and .02 were previously codified as Regulations .43 and .65, respectively, under COMAR 08.03.01 Wildlife Conservation. This recodification was effective June 3, 1985 (12:11 Md. R. 1047)For the history of these regulations before June 3, 1985, see the Administrative History which follows COMAR 08.03.01. ―Regulation .01 amended effective June 3, 1985 (12:11 Md. R. 1047).
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