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WES MOORE, Governor Ch. 212
Chapter 212
(Senate Bill 431)
AN ACT concerning
Fish and Wildlife – Endangered and Threatened Species and Migratory Birds –
Regulations, Lists, Petitions, Essential Habitats, and Takings
FOR the purpose of requiring the Secretary of Natural Resources to review and, if
warranted, update certain regulations on or before a certain date and at a certain
frequency; altering the impacts the Secretary can make reference to when making
certain determinations; requiring the Secretary to delist an endangered or
threatened species under certain circumstances; requiring a petition to remove a
listed species to contain certain information; authorizing the Secretary to designate
areas as essential habitats for endangered and threatened species; authorizing the
Secretary to adopt management protocols for designated essential habitats;
prohibiting a person from taking certain migratory birds; requiring the Department
of Natural Resources to promulgate regulations authorizing the taking of black
vultures under certain circumstances; and generally relating to fish, wildlife, and
endangered and threatened species.
BY repealing and reenacting, without amendments,
Article – Natural Resources
Section 3–501, 3–502, 4–2A–01(a), (i), and (j), and 10–2A–01(a), (k), and (l), and
10–2A–03(c)
Annotated Code of Maryland
(2023 Replacement Volume and 2025 Supplement)
BY repealing and reenacting, with amendments,
Article – Natural Resources
Section 3–503, 4–2A–04, 4–2A–05, 4–2A–06, 10–2A–03(c), 10–2A–04, 10–2A–05, and
10–2A–06
Annotated Code of Maryland
(2023 Replacement Volume and 2025 Supplement)
BY adding to
Article – Natural Resources
Section 4–2A–01(f–1) and (f–2) and 10–2A–01(e–1) and (e–2)
Annotated Code of Maryland
(2023 Replacement Volume and 2025 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Natural Resources
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Ch. 212 2026 LAWS OF MARYLAND
3–501.
(a) In this subtitle the following words have the meanings indicated.
(b) “Biodiversity” means the full range of living organisms native to a region.
(c) “Irreplaceable natural area” means an area with habitat necessary to support:
(1) A unique natural community; or
(2) A plant or animal species listed as threatened or endangered under
Title 10, Subtitle 2A of this article.
(d) “Program” means the Irreplaceable Natural Areas Program.
(e) “Unique natural community” means an area that:
(1) Has an assemblage of native plants or animals that is rare or declining
in the State; or
(2) Supports an unusually pristine example of a native ecosystem type.
3–502.
(a) There is an Irreplaceable Natural Areas Program in the Department.
(b) The purpose of the Program is to preserve Maryland’s native biodiversity on
State–owned land managed by the Department for current and future residents of the
State.
3–503.
(A) On or before July 1, 2023, the Department shall adopt regulations to carry out
this subtitle, including regulations:
(1) Designating irreplaceable natural areas on State–owned land managed
by the Department; and
(2) Establishing management objectives for irreplaceable natural areas,
including:
(i) A map depicting boundaries for each area;
(ii) A description of the unique features and threats for each area;
and
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WES MOORE, Governor Ch. 212
(iii) Compatible and incompatible activities for each area.
(B) ON OR BEFORE JULY 1, 2033, AND AT LEAST EVERY 10 YEARS
THEREAFTER, THE SECRETARY SHALL REVIEW AND, IF WARRANTED, UPDATE THE
REGULATIONS REQUIRED UNDER THIS SECTION.
4–2A–01.
(a) In this subtitle the following words have the meanings indicated.
(F–1) “FORESEEABLE FUTURE” MEANS AS FAR INTO THE FUTURE AS THE
DEPARTMENT CAN MAKE REASONABLY RELIABLE PREDICTIONS, ON A
CASE–BY–CASE BASIS, ABOUT THE THREATS TO A SPECIES OF FISH AND THE
SPECIES’ RESPONSE TO THOSE THREATS:
(1) USING THE BEST AVAILABLE DATA; AND
(2) TAKING INTO ACCOUNT CONSIDERATIONS INCLUDING:
(I) THE SPECIES’ LIFE–HISTORY CHARACTERISTICS;
(II) THE PROJECTED TIME FRAME OF THE THREAT; AND
(III) ENVIRONMENTAL VARIABILITY.
(F–2) (1) “HARM” MEANS AN ACT THAT KILLS OR INJURES ANY SPECIES OF
FISH.
(2) “HARM” INCLUDES AN ACT THAT SIGNIFICANTLY MODIFIES OR
DEGRADES A HABITAT, THEREBY KILLING OR INJURING ANY SPECIES OF FISH BY
SIGNIFICANTLY IMPAIRING ESSENTIAL BEHAVIORAL PATTERNS, INCLUDING
BREEDING, FEEDING, AND SHELTERING.
(i) “Take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture,
or collect, or to attempt to engage in any such conduct.
(j) “Threatened species” means any species of fish which appears likely, within
the foreseeable future, to become endangered, including any species of fish determined to
be a “threatened species” pursuant to the Endangered Species Act.
4–2A–04.
(a) Any species of fish determined to be an endangered species pursuant to the
Endangered Species Act shall be deemed to be an endangered species under the provisions
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Ch. 212 2026 LAWS OF MARYLAND
of this subtitle and any species of fish determined to be a threatened species pursuant to
the Endangered Species Act shall be deemed to be a threatened species under the provisions
of this subtitle. The Secretary may determine, in accordance with this section, that any
threatened species is an endangered species throughout all or any portion of the range of
the species within the State.
(b) In addition to the species deemed to be endangered or threatened pursuant to
the Endangered Species Act, the Secretary, by rule or regulation, shall determine whether
any species of fish normally occurring within the State is an endangered or threatened
species due to any of the following factors:
(1) The present or threatened destruction, modification, or curtailment of
its habitat or range;
(2) Overutilization for commercial, sporting, scientific, educational, or
other purposes;
(3) Disease or predation;
(4) The inadequacy of existing regulatory mechanisms; or
(5) Other natural or manmade factors affecting its continued existence
within the State.
(c) (1) The Secretary shall make determinations required by subsection (b) of
this section [on]:
(I) ON the basis of the best scientific, commercial, and other data
available and after consultation, as appropriate, with federal agencies, other interested
State agencies, other states having a common interest in the species, and interested persons
and organizations; AND
(II) WITHOUT REFERENCE TO POSSIBLE ECONOMIC OR OTHER
IMPACTS OF SUCH DETERMINATION.
(2) In determining whether any species of fish is an endangered species or
a threatened species, the Secretary shall take into consideration any actions being carried
out or about to be carried out by the federal government, other states, other agencies of this
State, or political subdivisions, or by any other person, which may affect the species under
consideration.
(d) Except with respect to species of fish determined to be endangered or
threatened species under the provisions of subsection (a) of this section, the Secretary may
not add a species to nor remove a species from any list published unless he first:
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WES MOORE, Governor Ch. 212
(1) Publishes a public notice of the proposed action;
(2) Furnishes notice of the proposed action to the Governor of any state
sharing a common border with this State and in which the subject species is known to exist;
and
(3) Allows at least 30 days following publication for comment from the
public and other interested parties.
(e) Notwithstanding the provisions of subsection (d) of this section, if the
Department determines that an emergency situation exists involving the continued
existence of the species as a viable component of the State’s fish population it may add the
species to the lists if it publishes a public notice that an emergency situation exists together
with a summary of facts which support this determination.
(f) THE SECRETARY SHALL DELIST A SPECIES IF THE SECRETARY
DETERMINES, BASED ON CONSIDERATION OF THE FACTORS AND STANDARDS SET
FORTH IN SUBSECTION (B) OF THIS SECTION, THAT THE BEST SCIENTIFIC AND
COMMERCIAL DATA AVAILABLE SUBSTANTIATE THAT:
(1) THE SPECIES IS EXTINCT;
(2) THE SPECIES HAS RECOVERED TO THE POINT THAT IT NO LONGER
MEETS THE DEFINITION OF ENDANGERED SPECIES OR THREATENED SPECIES;
(3) INFORMATION HAS BECOME AVAILABLE SINCE THE ORIGINAL
LISTING DECISION THAT SHOWS THAT THE LISTED ENTITY DOES NOT MEET THE
DEFINITION OF AN ENDANGERED SPECIES OR A THREATENED SPECIES; OR
(4) INFORMATION HAS BECOME AVAILABLE SINCE THE ORIGINAL
LISTING DECISION THAT SHOWS THAT THE LISTED ENTITY DOES NOT MEET THE
DEFINITION OF A SPECIES.
(G) (1) The Secretary shall adopt rules and regulations containing a list of all
species of fish normally occurring within the State determined to be endangered species
and a list of all species determined to be threatened species.
(2) Each list shall refer to the species by scientific and common names and
shall specify with respect to each species over what portion of its range it is endangered or
threatened.
(3) On or before July 1, 2026, and at least every 5 years thereafter, the
Secretary shall review and, if warranted, update the regulations required under this
subsection.
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Ch. 212 2026 LAWS OF MARYLAND
4–2A–05.
(a) (1) Except with respect to species of fish determined to be endangered or
threatened pursuant to the Endangered Species Act, the Secretary, upon the petition of an
interested person that meets the requirements of paragraph (2) of this subsection, shall
conduct a review of any listed or unlisted species proposed to be removed from or added to
the lists published pursuant to [§ 4–2A–04(f)] § 4–2A–04(G) of this subtitle, if the
Secretary makes and publishes a public notice that the person has presented substantial
evidence which warrants a review.
(2) A petition submitted by an interested person under paragraph (1) of
this subsection shall include:
(i) A description of the biological distribution of the species in the
State;
(ii) The life needs and habitat requirements of the species;
(iii) Evidence:
1. Of the species’ decline, if the species is an unlisted species;
or
2. [That the species is more common than previously
believed and documented, if] IF the species is a listed species:
A. THAT THE SPECIES IS EXTINCT;
B. THAT THE SPECIES HAS RECOVERED TO THE POINT
THAT IT NO LONGER MEETS THE DEFINITION OF ENDANGERED SPECIES OR
THREATENED SPECIES;
C. OF ANY OTHER INFORMATION THAT HAS BECOME
AVAILABLE SINCE THE ORIGINAL LISTING DECISION THAT SHOWS THAT THE LISTED
ENTITY DOES NOT MEET THE DEFINITION OF AN ENDANGERED SPECIES OR A
THREATENED SPECIES; OR
D. OF INFORMATION THAT HAS BECOME AVAILABLE
SINCE THE ORIGINAL LISTING DECISION THAT SHOWS THAT THE LISTED ENTITY
DOES NOT MEET THE DEFINITION OF A SPECIES;
(iv) All known threats that jeopardize the continued existence of the
species;
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WES MOORE, Governor Ch. 212
(v) Any other relevant biological and ecological data or other life
history information pertinent to the status of the species;
(vi) Evidence that the species is recognized as a valid species or an
infraspecific taxon of regional or national significance; and
(vii) Adequate documentation that the species occurs naturally and is
permanently established in the State.
(b) When any species of fish is listed as a threatened species pursuant to [§
4–2A–04(f)] § 4–2A–04(G) of this subtitle, the Secretary shall adopt regulations necessary
and advisable to provide for the conservation of the species. The Secretary, by regulation,
shall prohibit with respect to any threatened species of fish any act prohibited under
subsection (c) of this 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.
(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)] § 4–2A–04(G) of this subtitle and adopted
by the Secretary.
(e) If any endangered species of fish which enters the State from another state or
from a point outside the territorial limits of the United States and which is being
transported to a point within or beyond the State may be so entered and transported
without restriction in accordance with the terms of any federal permit or permit issued
under the laws or regulations of another state.
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Ch. 212 2026 LAWS OF MARYLAND
(f) (1) Subject to paragraph (2) of this subsection, the Secretary may issue a
permit, under the terms and conditions he prescribes, to allow any act otherwise prohibited
by subsections (c) and (d) of this section for scientific purposes, to enhance the propagation
or survival of the affected species, and on or after January 1, 1990, for aquaculture
involving the affected species in nontidal ponds, lakes, or impoundments.
(2) Notwithstanding the provisions of paragraph (1) of this subsection, on
or after June 1, 1989, the Secretary may issue a permit to allow the purchase of striped
bass or striped bass hybrid from out–of–state sources for possession and raising in
aquaculture operations in nontidal ponds, lakes, or impoundments in the State.
4–2A–06.
(a) (1) The Secretary [shall]:
(I) SHALL establish programs, including acquisition of land or
aquatic habitat or interests therein, necessary for the conservation of threatened or
endangered species of fish; AND
(II) MAY DESIGNATE AREAS AS ESSENTIAL HABITATS FOR
ENDANGERED AND THREATENED SPECIES; AND
(III) MAY ADOPT MANAGEMENT PROTOCOLS FOR DESIGNATED
ESSENTIAL HABITATS.
(2) The Secretary shall use all vested authority to carry out the provisions
of this subsection.
(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.
(c) (1) The Governor shall review other programs administered by him and
utilize these programs in furtherance of the purposes of this subtitle.
(2) 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)] § 4–2A–04(G) of this subtitle and by
taking any action necessary to insure that actions authorized, funded, or carried out by
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WES MOORE, Governor Ch. 212
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.
(d) The Secretary shall adopt rules and regulations necessary to implement this
section.
10–2A–01.
(a) In this subtitle the following words have the meanings indicated.
(E–1) “FORESEEABLE FUTURE” MEANS AS FAR INTO THE FUTURE AS THE
DEPARTMENT CAN MAKE REASONABLY RELIABLE PREDICTIONS, ON A
CASE–BY–CASE BASIS, ABOUT THE THREATS TO A SPECIES OF WILDLIFE OR PLANT
AND THE SPECIES’ RESPONSE TO THOSE THREATS:
(1) USING THE BEST AVAILABLE DATA; AND
(2) TAKING INTO ACCOUNT CONSIDERATIONS INCLUDING:
(I) THE SPECIES’ LIFE–HISTORY CHARACTERISTICS;
(II) THE PROJECTED TIME FRAME OF THE THREAT; AND
(III) ENVIRONMENTAL VARIABILITY.
(E–2) (1) “HARM” MEANS AN ACT THAT KILLS OR INJURES WILDLIFE.
(2) “HARM” INCLUDES AN ACT THAT SIGNIFICANTLY MODIFIES OR
DEGRADES A HABITAT, THEREBY KILLING OR INJURING WILDLIFE BY
SIGNIFICANTLY IMPAIRING ESSENTIAL BEHAVIORAL PATTERNS, INCLUDING
BREEDING, FEEDING, AND SHELTERING.
(k) “Take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture,
or collect, or to attempt to engage in any such conduct.
(l) “Threatened species” means any species of wildlife or plants which appears
likely, within the foreseeable future, to become endangered including any species of wildlife
or plant determined to be a “threatened species” pursuant to the Endangered Species Act.
10–2A–03.
(c) (1) Except as provided in regulations adopted by the Secretary, a person
[may]:
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Ch. 212 2026 LAWS OF MARYLAND
(I) MAY not take, possess, transport, export, process, sell, offer for
sale, or ship nongame wildlife deemed by the Secretary to be in need of conservation
pursuant to this section; AND
(II) MAY NOT TAKE, INCLUDING INCIDENTALLY TAKE, ANY
MIGRATORY BIRD LISTED UNDER 50 C.F.R. § 10.13 IN EFFECT AS OF JANUARY 1,
2025.
(2) A common or contract carrier may not knowingly transport or receive
for shipment nongame wildlife deemed by the Secretary to be in need of conservation
pursuant to this section.
10–2A–04.
(a) (1) Any species of wildlife or plant determined to be endangered species
pursuant to the Endangered Species Act shall be deemed to be an endangered species under
the provisions of this subtitle and any species of wildlife or plant determined to be a
threatened species pursuant to the Endangered Species Act shall be deemed to be a
threatened species under the provisions of this subtitle.
(2) The Secretary may determine, in accordance with this section, that any
threatened species is an endangered species throughout all or any portion of the range of
the species within the State.
(b) In addition to the species deemed to be endangered or threatened pursuant to
the Endangered Species Act, the Secretary, by regulation, shall determine whether any
species of wildlife or plant normally occurring within the State is an endangered or
threatened species due to any of the following factors:
(1) The present or threatened destruction, modification, or curtailment of
its habitat or range;
(2) Overutilization for commercial, sporting, scientific, educational, or
other purposes;
(3) Disease or predation;
(4) The inadequacy of existing regulatory mechanisms; or
(5) Other natural or manmade factors affecting its continued existence
within the State.
(c) (1) The Secretary shall make determinations required by subsection (b) of
this section [on]:
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WES MOORE, Governor Ch. 212
(I) ON the basis of the best scientific, commercial, and other data
available [to] and after consultation, as appropriate, with federal agencies, other interested
State agencies, other states having a common interest in the species, and interested persons
and organizations; AND
(II) WITHOUT REFERENCE TO POSSIBLE ECONOMIC OR OTHER
IMPACTS OF SUCH DETERMINATION.
(2) In determining whether any species of wildlife or plant is an
endangered species or a threatened species, the Secretary shall take into consideration any
actions being carried out or about to be carried out by the federal government, other states,
other agencies of this State, or political subdivisions, or by any other person which may
affect the species under consideration.
(d) Except with respect to species of wildlife or plants determined to be
endangered or threatened species under the provisions of subsection (a) of this section, the
Secretary may not add a species to nor remove a species from any list published unless the
Secretary first:
(1) Publishes a public notice of the proposed action;
(2) Furnishes notice of the proposed action to the Governor of any state
sharing a common border with the State and in which the subject species is known to exist;
and
(3) Allows at least 30 days following publication for comment from the
public and other interested parties.
(e) Notwithstanding the provisions of subsection (d) of this section, if the
Department determines that an emergency situation exists involving the continued
existence of the species as a viable component of the State’s wildlife or plants, the
Department may add the species to the lists if the Department publishes a public notice
that an emergency situation exists together with a summary of facts which support this
determination.
(f) THE SECRETARY SHALL DELIST A SPECIES IF THE SECRETARY
DETERMINES, BASED ON CONSIDERATION OF THE FACTORS AND STANDARDS SET
FORTH IN SUBSECTION (B) OF THIS SECTION, THAT THE BEST SCIENTIFIC AND
COMMERCIAL DATA AVAILABLE SUBSTANTIATE THAT:
(1) THE SPECIES IS EXTINCT;
(2) THE SPECIES HAS RECOVERED TO THE POINT THAT IT NO LONGER
MEETS THE DEFINITION OF ENDANGERED SPECIES OR THREATENED SPECIES;
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Ch. 212 2026 LAWS OF MARYLAND
(3) INFORMATION HAS BECOME AVAILABLE SINCE THE ORIGINAL
LISTING DECISION THAT SHOWS THAT THE LISTED ENTITY DOES NOT MEET THE
DEFINITION OF AN ENDANGERED SPECIES OR A THREATENED SPECIES; OR
(4) INFORMATION HAS BECOME AVAILABLE SINCE THE ORIGINAL
LISTING DECISION THAT SHOWS THAT THE LISTED ENTITY DOES NOT MEET THE
DEFINITION OF A SPECIES.
(G) (1) The Secretary shall adopt regulations containing a list of all species of
wildlife and plants normally occurring within the State determined to be endangered
species and a list of all species determined to be threatened species.
(2) Each list shall refer to the species by scientific and common names and
shall specify with respect to each species over what portion of its range it is endangered or
threatened.
(3) On or before July 1, 2026, and at least every 5 years thereafter, the
Secretary shall review and, if warranted, update the regulations required under this
subsection.
10–2A–05.
(a) (1) Except with respect to species of wildlife or plants determined to be
endangered or threatened pursuant to the Endangered Species Act, the Secretary, upon the
petition of an interested person that meets the requirements of paragraph (2) of this
subsection, shall conduct a review of any listed or unlisted species proposed to be removed
from or added to the lists published pursuant to [§ 10–2A–04(f)] § 10–2A–04(G) of this
subtitle, if the Secretary publishes public notice that the person has presented substantial
evidence which warrants a review.
(2) A petition submitted by an interested person under paragraph (1) of
this subsection shall include:
(i) A description of the biological distribution of the species in the
State;
(ii) The life needs and habitat requirements of the species;
(iii) Evidence:
1. Of the species’ decline, if the species is an unlisted species;
or
2. [That the species is more common than previously
believed and documented, if] IF the species is a listed species:
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WES MOORE, Governor Ch. 212
A. THAT THE SPECIES IS EXTINCT;
B. THAT THE SPECIES HAS RECOVERED TO THE POINT
THAT IT NO LONGER MEETS THE DEFINITION OF ENDANGERED SPECIES OR
THREATENED SPECIES;
C. OF ANY OTHER INFORMATION THAT HAS BECOME
AVAILABLE SINCE THE ORIGINAL LISTING DECISION THAT SHOWS THAT THE LISTED
ENTITY DOES NOT MEET THE DEFINITION OF AN ENDANGERED SPECIES OR A
THREATENED SPECIES; OR
D. OF INFORMATION THAT HAS BECOME AVAILABLE
SINCE THE ORIGINAL LISTING DECISION THAT SHOWS THAT THE LISTED ENTITY
DOES NOT MEET THE DEFINITION OF A SPECIES;
(iv) All known threats that jeopardize the continued existence of the
species;
(v) Any other relevant biological and ecological data or other life
history information pertinent to the status of the species;
(vi) Evidence that the species is recognized as a valid species, or
infraspecific taxa of regional or national significance; and
(vii) Adequate documentation that the species occurs naturally and is
permanently established in the State.
(b) (1) When any species of wildlife or plant is listed as a threatened species
pursuant to [§ 10–2A–04(f)] § 10–2A–04(G) of this subtitle, the Secretary shall adopt
regulations necessary and advisable to provide for the conservation of the species.
(2) The Secretary, by regulations, may prohibit with respect to any
threatened species of wildlife or plant any act prohibited under subsection (c) of this section.
(c) Except as provided in subsection (f) of this section and §§ 10–2A–05.1,
10–2A–05.2, and 10–2A–05.3 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
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Ch. 212 2026 LAWS OF MARYLAND
(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.
(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)] § 10–2A–04(G) of this subtitle and
adopted by the Secretary.
(e) Any endangered species of wildlife or plant which enters the State from
another state or from a point outside the territorial limits of the United States and which
is transported to a point within or beyond the State may enter and be transported without
restriction in accordance with the terms of any federal permit or permit issued under the
laws or regulations of another state.
(f) The Secretary may permit, under the terms and conditions that the Secretary
prescribes, any act otherwise prohibited by subsections (c) and (d) of this section for
scientific purposes or to enhance the propagation or survival of the affected species.
10–2A–06.
(a) (1) The Secretary [shall]:
(I) 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; AND
(II) MAY DESIGNATE AREAS AS ESSENTIAL HABITATS FOR
ENDANGERED AND THREATENED SPECIES; AND
(III) MAY ADOPT MANAGEMENT PROTOCOLS FOR DESIGNATED
ESSENTIAL HABITATS.
(2) The Secretary shall use all vested authority to carry out the provisions
of this subsection.
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WES MOORE, Governor Ch. 212
(b) (1) 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.
(2) 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.
(c) (1) The Governor shall review other programs administered by the
Governor and utilize these programs in furtherance of the purposes of this subtitle.
(2) 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)] § 10–2A–04(G) 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.
(d) The Secretary shall adopt regulations necessary to implement this section.
SECTION 2. AND BE IT FURTHER ENACTED, That if the U.S. Fish and Wildlife
Service removes the black vulture from the list of protected species under the federal
Migratory Bird Treaty Act, or if the federal Migratory Bird Treaty Act is repealed, the
Department of Natural Resources shall promulgate regulations under § 10–2A–03 of the
Natural Resources Article authorizing the taking of black vultures in a similar manner and
with the same authorizations as a Depredation Permit issued by the U.S. Fish and Wildlife
Service.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.
Approved by the Governor, April 28, 2026.
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