Fish and Wildlife - Endangered and Threatened Species and Migratory Birds - Regulations, Lists, Petitions, Essential Habitats, and Takings

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING 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.
Italics indicate opposite chamber/conference committee amendments.
*sb0431*

SENATE BILL 431
M1 (6lr1711)
ENROLLED BILL
— Education, Energy, and the Environment/Environment and Transportation —
Introduced by Senator Brooks

Read and Examined by Proofreaders:

_______________________________________________
Proofreader.
_______________________________________________
Proofreader.

Sealed with the Great Seal and presented to the Governor, for his approval this

_______ day of _________ ______ at ________________________ o’clock, ________M.

______________________________________________
President.

CHAPTER ______

AN ACT concerning 1

Fish and Wildlife – Endangered and Threatened Species and Migratory Birds – 2
Regulations, Lists, Petitions, Essential Habitats, and Takings 3

FOR the purpose of requiring the Secretary of Natural Resources to review and, if 4
warranted, update certain regulations on or before a certain date and at a certain 5
frequency; altering the impacts the Secretary can make reference to when making 6
certain determinations; requiring the Secretary to delist an endangered or 7
threatened species under certain circumstances; requiring a petition to remove a 8
listed species to contain certain information; authorizing the Secretary to designate 9
areas as essential habitats for endangered and threatened species; authorizing the 10
Secretary to adopt management protocols for designated essential habitats; 11
prohibiting a person from taking certain migratory birds; requiring the Department 12
of Natural Resources to promulgate regulations authorizing the taking of black 13
vultures under certain circumstances; and generally relating to fish, wildlife, and 14
endangered and threatened species. 15
2 SENATE BILL 431

BY repealing and reenacting, without amendments, 1
Article – Natural Resources 2
Section 3 –501, 3 –502, 4 –2A–01(a), (i), and (j), and 10–2A–01(a), (k), and (l) , and 3
10–2A–03(c) 4
Annotated Code of Maryland 5
(2023 Replacement Volume and 2025 Supplement) 6

BY repealing and reenacting, with amendments, 7
Article – Natural Resources 8
Section 3–503, 4–2A–04, 4–2A–05, 4–2A–06, 10–2A–03(c), 10–2A–04, 10–2A–05, and 9
10–2A–06 10
Annotated Code of Maryland 11
(2023 Replacement Volume and 2025 Supplement) 12

BY adding to 13
Article – Natural Resources 14
Section 4–2A–01(f–1) and (f–2) and 10–2A–01(e–1) and (e–2) 15
Annotated Code of Maryland 16
(2023 Replacement Volume and 2025 Supplement) 17

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19

Article – Natural Resources 20

3–501. 21

(a) In this subtitle the following words have the meanings indicated. 22

(b) “Biodiversity” means the full range of living organisms native to a region. 23

(c) “Irreplaceable natural area” means an area with habitat necessary to support: 24

(1) A unique natural community; or 25

(2) A plant or animal species listed as threatened or endangered under 26
Title 10, Subtitle 2A of this article. 27

(d) “Program” means the Irreplaceable Natural Areas Program. 28

(e) “Unique natural community” means an area that: 29

(1) Has an assemblage of native plants or animals that is rare or declining 30
in the State; or 31

(2) Supports an unusually pristine example of a native ecosystem type. 32
SENATE BILL 431 3

3–502. 1

(a) There is an Irreplaceable Natural Areas Program in the Department. 2

(b) The purpose of the Program is to preserve Maryland’s native biodiversity on 3
State–owned land managed by the Department for current and future residents of the 4
State. 5

3–503. 6

(A) On or before July 1, 2023, the Department shall adopt regulations to carry out 7
this subtitle, including regulations: 8

(1) Designating irreplaceable natural areas on State–owned land managed 9
by the Department; and 10

(2) Establishing management objectives for irreplaceable natural areas, 11
including: 12

(i) A map depicting boundaries for each area; 13

(ii) A description of the unique features and threats for each area; 14
and 15

(iii) Compatible and incompatible activities for each area. 16

(B) ON OR BEFORE JULY 1, 2033, AND AT LEAST EVERY 10 YEARS 17
THEREAFTER, THE SECRETARY SHALL REVIEW AND , IF WARRANTED, UPDATE THE 18
REGULATIONS REQUIRED UNDER THIS SECTION. 19

4–2A–01. 20

(a) In this subtitle the following words have the meanings indicated. 21

(F–1) “FORESEEABLE FUTURE ” MEANS AS FAR INTO TH E FUTURE AS THE 22
DEPARTMENT CAN MAKE R EASONABLY RELIABLE P REDICTIONS, ON A 23
CASE–BY–CASE BASIS , ABOUT THE THREATS TO A SPECIES OF FISH AN D THE 24
SPECIES’ RESPONSE TO THOSE THREATS: 25

(1) USING THE BEST AVAILABLE DATA; AND 26

(2) TAKING INTO ACCOUNT CONSIDERATIONS INCLUDING: 27

(I) THE SPECIES’ LIFE–HISTORY CHARACTERISTICS; 28
4 SENATE BILL 431

(II) THE PROJECTED TIME FRAME OF THE THREAT; AND 1

(III) ENVIRONMENTAL VARIABILITY. 2

(F–2) (1) “HARM” MEANS AN ACT THAT KILLS OR INJURES ANY SPECIES OF 3
FISH. 4

(2) “HARM” INCLUDES AN ACT THAT SIGNIFICANTLY MODIFIES OR 5
DEGRADES A HABITAT , THEREBY KILLING OR I NJURING ANY SPECIES OF FISH BY 6
SIGNIFICANTLY IMPAIR ING ESSENTIAL BEHAVI ORAL PATTERNS , INCLUDING 7
BREEDING, FEEDING, AND SHELTERING. 8

(i) “Take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, 9
or collect, or to attempt to engage in any such conduct. 10

(j) “Threatened species” means any species of fish which appears likely, within 11
the foreseeable future, to become enda ngered, including any species of fish determined to 12
be a “threatened species” pursuant to the Endangered Species Act. 13

4–2A–04. 14

(a) Any species of fish determined to be an endangered species pursuant to the 15
Endangered Species Act shall be deemed to be an endangered species under the provisions 16
of this subtitle and any species of fish determined to be a threatened species pursuant to 17
the Endangered Species Act shall be deemed to be a threatened species under the provisions 18
of this subtitle. The Secretary m ay determine, in accordance with this section, that any 19
threatened species is an endangered species throughout all or any portion of the range of 20
the species within the State. 21

(b) In addition to the species deemed to be endangered or threatened pursuant to 22
the Endangered Species Act, the Secretary, by rule or regulation, shall determine whether 23
any species of fish normally occurring within the State is an endangered or threatened 24
species due to any of the following factors: 25

(1) The present or threatene d destruction, modification, or curtailment of 26
its habitat or range; 27

(2) Overutilization for commercial, sporting, scientific, educational, or 28
other purposes; 29

(3) Disease or predation; 30

(4) The inadequacy of existing regulatory mechanisms; or 31

SENATE BILL 431 5

(5) Other natural or manmade factors affecting its continued existence 1
within the State. 2

(c) (1) The Secretary shall make determinations required by subsection (b) of 3
this section [on]: 4

(I) ON the basis of the best scientific, commercial, and other dat a 5
available and after consultation, as appropriate, with federal agencies, other interested 6
State agencies, other states having a common interest in the species, and interested persons 7
and organizations; AND 8

(II) WITHOUT REFERENCE TO POSSIBLE ECONOMIC OR OTHER 9
IMPACTS OF SUCH DETERMINATION. 10

(2) In determining whether any species of fish is an endangered species or 11
a threatened species, the Secretary shall take into consideration any actions being carried 12
out or about to be carried out by the federal government, other states, other agencies of this 13
State, or political subdivisions, or by any other person, which may affect the species under 14
consideration. 15

(d) Except with respect to species of fish determined to be endangered or 16
threatened species under the provisions of subsection (a) of this section, the Secretary may 17
not add a species to nor remove a species from any list published unless he first: 18

(1) Publishes a public notice of the proposed action; 19

(2) Furnishes notice of the proposed actio n to the Governor of any state 20
sharing a common border with this State and in which the subject species is known to exist; 21
and 22

(3) Allows at least 30 days following publication for comment from the 23
public and other interested parties. 24

(e) Notwithstanding the provisions of subsection (d) of this section, if the 25
Department determines that an emergency situation exists involving the continued 26
existence of the species as a viable component of the State’s fish population it may add the 27
species to the lists if it publishes a public notice that an emergency situation exists together 28
with a summary of facts which support this determination. 29

(f) THE SECRETARY SHALL DELIS T A SPECIES IF THE SECRETARY 30
DETERMINES, BASED ON CONSIDERATI ON OF THE FACTORS AND STANDARDS SET 31
FORTH IN SUBSECTION (B) OF THIS SECTION , THAT THE BEST SCIENT IFIC AND 32
COMMERCIAL DATA AVAILABLE SUBSTANTIATE THAT: 33

(1) THE SPECIES IS EXTINCT; 34
6 SENATE BILL 431

(2) THE SPECIES HAS RECOVERED TO THE POINT THAT IT NO LONGER 1
MEETS THE DEFINITION OF ENDANGERED SPECIES OR THREATENED SPECIES; 2

(3) INFORMATION HAS BECOM E AVAILABLE SINCE TH E ORIGINAL 3
LISTING DECISION THA T SHOWS THAT THE LIS TED ENTITY DOES NOT MEET THE 4
DEFINITION OF AN ENDANGERED SPECIES OR A THREATENED SPECIES; OR 5

(4) INFORMATION HAS BECOME AVAILABLE SIN CE THE ORIGINAL 6
LISTING DECISION THA T SHOWS THAT THE LIS TED ENTITY DOES NOT MEET THE 7
DEFINITION OF A SPECIES. 8

(G) (1) The Secretary shall adopt rules and regulations containing a list of all 9
species of fish normally occurring within t he State determined to be endangered species 10
and a list of all species determined to be threatened species. 11

(2) Each list shall refer to the species by scientific and common names and 12
shall specify with respect to each species over what portion of its range it is endangered or 13
threatened. 14

(3) On or before July 1, 2026, and at least every 5 years thereafter, the 15
Secretary shall review and, if warranted, update the regulations required under this 16
subsection. 17

4–2A–05. 18

(a) (1) Except with respect to sp ecies of fish determined to be endangered or 19
threatened pursuant to the Endangered Species Act, the Secretary, upon the petition of an 20
interested person that meets the requirements of paragraph (2) of this subsection, shall 21
conduct a review of any listed or unlisted species proposed to be removed from or added to 22
the lists published pursuant to [§ 4 –2A–04(f)] § 4–2A–04(G) of this subtitle, if the 23
Secretary makes and publishes a public notice that the person has presented substantial 24
evidence which warrants a review. 25

(2) A petition submitted by an interested person under paragraph (1) of 26
this subsection shall include: 27

(i) A description of the biological distribution of the species in the 28
State; 29

(ii) The life needs and habitat requirements of the species; 30

(iii) Evidence: 31

1. Of the species’ decline, if the species is an unlisted species; 32
or 33
SENATE BILL 431 7

2. [That the species is more common than previously 1
believed and documented, if] IF the species is a listed species: 2

A. THAT THE SPECIES IS EXTINCT; 3

B. THAT THE SPECIES HAS RECOVERED TO THE POI NT 4
THAT IT NO LONGER ME ETS THE DEFINITION O F ENDANGERED SPECIES OR 5
THREATENED SPECIES; 6

C. OF ANY OTHER INFORMAT ION THAT HAS BECOME 7
AVAILABLE SINCE THE ORIGINAL LISTING DECISION THAT SHOWS THAT THE LISTED 8
ENTITY DOES NOT MEET THE DEFINITION OF AN ENDANGERED SPECIES O R A 9
THREATENED SPECIES; OR 10

D. OF INFORMATION THAT H AS BECOME AVAILABLE 11
SINCE THE ORIGINAL L ISTING DECISION THAT SHOWS THAT THE LISTE D ENTITY 12
DOES NOT MEET THE DEFINITION OF A SPECIES; 13

(iv) All known threats that jeopardize the continued existence of the 14
species; 15

(v) Any other relevant biological and ecological data or other life 16
history information pertinent to the status of the species; 17

(vi) Evidence that the species is recognized as a valid species or an 18
infraspecific taxon of regional or national significance; and 19

(vii) Adequate documentation that the species occurs naturally and is 20
permanently established in the State. 21

(b) When any species of fish is listed as a threatened species pursuant to [§ 22
4–2A–04(f)] § 4–2A–04(G) of this subtitle, the Secretary shall adopt regulations necessary 23
and advisable to provide for the conservation of the species. The Secretary, by regulation, 24
shall prohibit with respect to any threatened species of fish any act prohibited under 25
subsection (c) of this section. 26

(c) Except as provided in subsection (f) of this section, with respect to any 27
endangered species of fish, no person may: 28

(1) Export the species from the State; 29

(2) Take the species within the State; 30

8 SENATE BILL 431

(3) Possess, process, sell, or offer for sale, deliver, carry, transport, or ship 1
the species by any means; or 2

(4) Violate any regulation pertaining to the conservation of the species or 3
to any threatened species of wildlife listed pursuant to this subsection and adopted by the 4
Secretary pursuant to authority provided by this section. 5

(d) Except as provided in subsection (f) of this section, with respect to any 6
endangered species of fish, no person may: 7

(1) Export the species from the State; 8

(2) Possess, process, sell, offer for sale, deliver, carry, transport, or ship the 9
species by any means; or 10

(3) Violate any regulation pertaining to the species or to any threatened 11
species of fish listed pursuant to [§ 4–2A–04(f)] § 4–2A–04(G) of this subtitle and adopted 12
by the Secretary. 13

(e) If any endangered species of fish which enters the State from another state or 14
from a point outside the territorial limits of the United States and which is being 15
transported to a point within or beyond the State may be so entered and tr ansported 16
without restriction in accordance with the terms of any federal permit or permit issued 17
under the laws or regulations of another state. 18

(f) (1) Subject to paragraph (2) of this subsection, the Secretary may issue a 19
permit, under the terms and conditions he prescribes, to allow any act otherwise prohibited 20
by subsections (c) and (d) of this section for scientific purposes, to enhance the propagation 21
or survival of the affected species, and on or after January 1, 1990, for aquaculture 22
involving the affected species in nontidal ponds, lakes, or impoundments. 23

(2) Notwithstanding the provisions of paragraph (1) of this subsection, on 24
or after June 1, 1989, the Secretary may issue a permit to allow the purchase of striped 25
bass or striped bass hybrid from out –of–state sources for possession and raising in 26
aquaculture operations in nontidal ponds, lakes, or impoundments in the State. 27

4–2A–06. 28

(a) (1) The Secretary [shall]: 29

(I) SHALL establish programs, including acquisition of land or 30
aquatic habitat or interests therein, necessary for the conservation of threatened or 31
endangered species of fish; AND 32

(II) MAY DESIGNATE AREAS A S ESSENTIAL HABITATS FOR 33
ENDANGERED AND THREATENED SPECIES; AND 34
SENATE BILL 431 9

(III) MAY ADOPT MANAGEMENT PROTOCOLS FOR DESIGN ATED 1
ESSENTIAL HABITATS. 2

(2) The Secretary shall use all vested authority to carry out the provisions 3
of this subsection. 4

(b) In carrying out programs authorized by this section, the Secr etary shall 5
consult with other states having a common interest in particular species of endangered or 6
threatened species of fish and may enter into agreements with federal agencies, other 7
states, political subdivisions of this State, or with individuals wi th respect to programs 8
designed to conserve endangered or threatened species of fish including agreements for 9
administration and management of any that are established under this section or utilized 10
for conservation of endangered or threatened species of fish. 11

(c) (1) The Governor shall review other programs administered by him and 12
utilize these programs in furtherance of the purposes of this subtitle. 13

(2) All State departments and agencies, in consultation with and with the 14
assistance of the Secretary, shall utilize their authorities in furtherance of the purposes of 15
this subtitle by carrying out programs for the conservation of endangered species and 16
threatened species listed pursuant to [§ 4–2A–04(f)] § 4–2A–04(G) of this subtitle and by 17
taking any action necessary to insure that actions authorized, funded, or carried out by 18
them do not jeopardize the continued existence of the endangered species or threatened 19
species or result in the destruction or modification of habitat of the species which is deemed 20
by the Secretary to be critical. 21

(d) The Secretary shall adopt rules and regulations necessary to implement this 22
section. 23

10–2A–01. 24

(a) In this subtitle the following words have the meanings indicated. 25

(E–1) “FORESEEABLE FUTURE ” MEANS AS FAR INTO TH E FUTURE AS THE 26
DEPARTMENT CAN MAKE R EASONABLY RELIABLE P REDICTIONS, ON A 27
CASE–BY–CASE BASIS, ABOUT THE THREATS TO A SPECIES OF WILDLIF E OR PLANT 28
AND THE SPECIES’ RESPONSE TO THOSE THREATS: 29

(1) USING THE BEST AVAILABLE DATA; AND 30

(2) TAKING INTO ACCOUNT CONSIDERATIONS INCLUDING: 31

(I) THE SPECIES’ LIFE–HISTORY CHARACTERISTICS; 32

10 SENATE BILL 431

(II) THE PROJECTED TIME FRAME OF THE THREAT; AND 1

(III) ENVIRONMENTAL VARIABILITY. 2

(E–2) (1) “HARM” MEANS AN ACT THAT KILLS OR INJURES WILDLIFE. 3

(2) “HARM” INCLUDES AN ACT THAT SIGNIFICANTLY MODIFIES OR 4
DEGRADES A HABITAT , THEREBY KILLING OR I NJURING WILDLIFE BY 5
SIGNIFICANTLY IMPAIR ING ESSENTIAL BEHAVI ORAL PATTERNS , INCLUDING 6
BREEDING, FEEDING, AND SHELTERING. 7

(k) “Take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, 8
or collect, or to attempt to engage in any such conduct. 9

(l) “Threatened species” means any species of wildlife or plants which appears 10
likely, within the foreseeable future, to become endangered including any species of wildlife 11
or plant determined to be a “threatened species” pursuant to the Endangered Species Act. 12

10–2A–03. 13

(c) (1) Except as provided in regulations adopted by the Secretary, a person 14
[may]: 15

(I) MAY not take, possess, transport, export, process, sell, offer for 16
sale, or ship nongame wildlife deemed by the Secretary to be in need of conservation 17
pursuant to this section; AND 18

(II) MAY NOT TAKE , INCLUDING INCIDENTAL LY TAKE , ANY 19
MIGRATORY BIRD LISTE D UNDER 50 C.F.R. § 10.13 IN EFFECT AS OF JANUARY 1, 20
2025. 21

(2) A common or contract carrier may not knowingly transport or receive 22
for shipment nongame wildlife deemed by the Secretary to be in need of conservation 23
pursuant to this section. 24

10–2A–04. 25

(a) (1) Any species of wildlife or plant determined to be endangered species 26
pursuant to the Endangered Species Act shall be deemed to be an endangered species under 27
the provisions of this subtitle and any species of wildlife or plant determined to be a 28
threatened species pursuant to the Endangered Species Act shall be deemed to be a 29
threatened species under the provisions of this subtitle. 30

SENATE BILL 431 11

(2) The Secretary may determine, in accordance with this section, that any 1
threatened species is an endangered species thro ughout all or any portion of the range of 2
the species within the State. 3

(b) In addition to the species deemed to be endangered or threatened pursuant to 4
the Endangered Species Act, the Secretary, by regulation, shall determine whether any 5
species of wild life or plant normally occurring within the State is an endangered or 6
threatened species due to any of the following factors: 7

(1) The present or threatened destruction, modification, or curtailment of 8
its habitat or range; 9

(2) Overutilization for com mercial, sporting, scientific, educational, or 10
other purposes; 11

(3) Disease or predation; 12

(4) The inadequacy of existing regulatory mechanisms; or 13

(5) Other natural or manmade factors affecting its continued existence 14
within the State. 15

(c) (1) The Secretary shall make determinations required by subsection (b) of 16
this section [on]: 17

(I) ON the basis of the best scientific, commercial, and other data 18
available [to] and after consultation, as appropriate, with federal agencies, other interested 19
State agencies, other states having a common interest in the species, and interested persons 20
and organizations; AND 21

(II) WITHOUT REFERENCE TO POSSIBLE ECONOMIC OR OTHER 22
IMPACTS OF SUCH DETERMINATION. 23

(2) In determining whether any species of wildlife or plant is an 24
endangered species or a threatened species, the Secretary shall take into consideration any 25
actions being carried out or about to be carried out by the federal government, other states, 26
other agencies of this State, or political subdivision s, or by any other person which may 27
affect the species under consideration. 28

(d) Except with respect to species of wildlife or plants determined to be 29
endangered or threatened species under the provisions of subsection (a) of this section, the 30
Secretary may not add a species to nor remove a species from any list published unless the 31
Secretary first: 32

(1) Publishes a public notice of the proposed action; 33

12 SENATE BILL 431

(2) Furnishes notice of the proposed action to the Governor of any state 1
sharing a common border with the State and in which the subject species is known to exist; 2
and 3

(3) Allows at least 30 days following publication for comment from the 4
public and other interested parties. 5

(e) Notwithstanding the provisions of subsection (d) of this section, if the 6
Department determines that an emergency situation exists involving the continued 7
existence of the species as a viable component of the State’s wildlife or plants, the 8
Department may add the species to the lists if the Department publishes a public not ice 9
that an emergency situation exists together with a summary of facts which support this 10
determination. 11

(f) THE SECRETARY SHALL DELIS T A SPECIES IF THE SECRETARY 12
DETERMINES, BASED ON CONSIDERATI ON OF THE FACTORS AN D STANDARDS SET 13
FORTH IN SUBSECTION (B) OF THIS SECTION , THAT THE BEST SCIENT IFIC AND 14
COMMERCIAL DATA AVAILABLE SUBSTANTIATE THAT: 15

(1) THE SPECIES IS EXTINCT; 16

(2) THE SPECIES HAS RECOVERED TO THE POINT THAT IT NO LONGER 17
MEETS THE DEFINITION OF ENDANGERED SPECIES OR THREATENED SPECIES; 18

(3) INFORMATION HAS BECOM E AVAILABLE SINCE TH E ORIGINAL 19
LISTING DECISION THA T SHOWS THAT THE LIS TED ENTITY DOES NOT MEET THE 20
DEFINITION OF AN ENDANGERED SPECIES OR A THREATENED SPECIES; OR 21

(4) INFORMATION HAS BECOM E AVAILABLE SINCE TH E ORIGINAL 22
LISTING DECISION THAT SHOWS THAT THE LISTED ENTI TY DOES NOT MEET THE 23
DEFINITION OF A SPECIES. 24

(G) (1) The Secretary shall adopt regulations containing a list of all species of 25
wildlife and plants normally occurring within the State determined to be endangered 26
species and a list of all species determined to be threatened species. 27

(2) Each list shall refer to the species by scientific and common names and 28
shall specify with respect to each species over what portion of its range it is endangered or 29
threatened. 30

(3) On or before July 1, 2026, and at least every 5 years thereafter, the 31
Secretary shall review and, if warranted, update the regulations required under this 32
subsection. 33

10–2A–05. 34
SENATE BILL 431 13

(a) (1) Except with respect to species of wildlife or plants determine d to be 1
endangered or threatened pursuant to the Endangered Species Act, the Secretary, upon the 2
petition of an interested person that meets the requirements of paragraph (2) of this 3
subsection, shall conduct a review of any listed or unlisted species proposed to be removed 4
from or added to the lists published pursuant to [§ 10–2A–04(f)] § 10–2A–04(G) of this 5
subtitle, if the Secretary publishes public notice that the person has presented substantial 6
evidence which warrants a review. 7

(2) A petition submitted by an interested person under paragraph (1) of 8
this subsection shall include: 9

(i) A description of the biological distribution of the species in the 10
State; 11

(ii) The life needs and habitat requirements of the species; 12

(iii) Evidence: 13

1. Of the species’ decline, if the species is an unlisted species; 14
or 15

2. [That the species is more common than previously 16
believed and documented, if] IF the species is a listed species: 17

A. THAT THE SPECIES IS EXTINCT; 18

B. THAT THE SPECIE S HAS RECOVERED TO T HE POINT 19
THAT IT NO LONGER ME ETS THE DEFINITION O F ENDANGERED SPECIES OR 20
THREATENED SPECIES; 21

C. OF ANY OTHER INFORMAT ION THAT HAS BECOME 22
AVAILABLE SINCE THE ORIGINAL LISTING DECISION THAT SHOWS THAT THE LISTED 23
ENTITY DOES NOT MEET THE DEFINITION OF AN ENDANGERED SPECIES O R A 24
THREATENED SPECIES; OR 25

D. OF INFORMATION THAT H AS BECOME AVAILABLE 26
SINCE THE ORIGINAL L ISTING DECISION THAT SHOWS THAT THE LISTE D ENTITY 27
DOES NOT MEET THE DEFINITION OF A SPECIES; 28

(iv) All known threats that jeopardize the continued existence of the 29
species; 30

(v) Any other relevant biological and ecological data or other life 31
history information pertinent to the status of the species; 32
14 SENATE BILL 431

(vi) Evidence that the species is recognized as a valid species , or 1
infraspecific taxa of regional or national significance; and 2

(vii) Adequate documentation that the species occurs naturally and is 3
permanently established in the State. 4

(b) (1) When any species of wildlife or plant is listed as a threatened species 5
pursuant to [§ 10 –2A–04(f)] § 10–2A–04(G) of this subtitle, the Secretary shall adopt 6
regulations necessary and advisable to provide for the conservation of the species. 7

(2) The Sec retary, by regulations, may prohibit with respect to any 8
threatened species of wildlife or plant any act prohibited under subsection (c) of this section. 9

(c) Except as provided in subsection (f) of this section and §§ 10 –2A–05.1, 10
10–2A–05.2, and 10 –2A–05.3 of this subtitle, with respect to any endangered species of 11
wildlife, a person may not: 12

(1) Export the species from the State; 13

(2) Take the species within the State; 14

(3) Possess, process, sell or offer for sale, deliver, carry, transport, or s hip 15
the species by any means; or 16

(4) Violate any regulation pertaining to the conservation of the species or 17
to any threatened species of wildlife listed pursuant to this subsection and adopted by the 18
Secretary pursuant to authority provided by this section. 19

(d) Except as provided in subsection (f) of this section, with respect to any 20
endangered species of plant, a person may not: 21

(1) Export the species from the State; 22

(2) Possess, process, sell, offer for sale, deliver, carry, transport, or ship the 23
species by any means; or 24

(3) Violate any regulation pertaining to the species or to any threatened 25
species of plant listed pursuant to [§ 10 –2A–04(f)] § 10–2A–04(G) of this subtitle and 26
adopted by the Secretary. 27

(e) Any endangered species of wild life or plant which enters the State from 28
another state or from a point outside the territorial limits of the United States and which 29
is transported to a point within or beyond the State may enter and be transported without 30
restriction in accordance with t he terms of any federal permit or permit issued under the 31
laws or regulations of another state. 32

SENATE BILL 431 15

(f) The Secretary may permit, under the terms and conditions that the Secretary 1
prescribes, any act otherwise prohibited by subsections (c) and (d) of this se ction for 2
scientific purposes or to enhance the propagation or survival of the affected species. 3

10–2A–06. 4

(a) (1) The Secretary [shall]: 5

(I) SHALL establish programs, including acquisition of land or 6
aquatic habitat or interests in the land or aquatic habitats, necessary for the conservation 7
of nongame, threatened, or endangered species of wildlife or plants; AND 8

(II) MAY DESIGNATE AREAS A S ESSE NTIAL HABITATS FOR 9
ENDANGERED AND THREATENED SPECIES; AND 10

(III) MAY ADOPT MANAGEMENT PROTOCOLS FOR DESIGN ATED 11
ESSENTIAL HABITATS. 12

(2) The Secretary shall use all vested authority to carry out the provisions 13
of this subsection. 14

(b) (1) In carrying out programs authorized by this section, the Secretary shall 15
consult with the State Secretary of Agriculture and other states having a common interest 16
in particular species of nongame, endangered, or threatened species of wildlife or plants. 17

(2) The Secretary may enter into agreements with federal agencies, other 18
states, political subdivisions of the State, or with individuals with respect to programs 19
designed to conserve nongame, endangered, or threatened species of wildlife or plants, 20
including agreements for administration and management established under this section 21
or utilized for conservation of nongame, endangered, or threatened species of wildlife or 22
plants. 23

(c) (1) The Governor shall review other programs administered by the 24
Governor and utilize these programs in furtherance of the purposes of this subtitle. 25

(2) All State departments and agencies, in consultation with and with the 26
assistance of the Secretary, shall utilize their authorities in furtherance of the purposes of 27
this subtitle by carrying out programs for the conservation of endangered species and 28
threatened species listed pursuant to [§ 10–2A–04(f)] § 10–2A–04(G) of this subtitle, and 29
by taking any action necessary to insure that actions authorized, funded, or carried out by 30
them do not jeopardize the continued existence of the endangered species or threatened 31
species or result in the destruction or modification of habitat of the species which is deemed 32
by the Secretary to be critical. 33

(d) The Secretary shall adopt regulations necessary to implement this section. 34

16 SENATE BILL 431

SECTION 2. AND BE IT FURTHER ENACTED, That if the U.S. Fish and Wildlife 1
Service removes the black vulture from the list of protected species under the federal 2
Migratory Bird Treaty Act, or if the federal Migratory Bird Treaty Act is repealed, the 3
Department of Natural Resources shall promulgate regulations under § 10 –2A–03 of the 4
Natural Resources Article authorizing the taking of black vultures in a similar manner and 5
with the same authorizations as a Depredation Permit issued by the U.S. Fish and Wildlife 6
Service. 7

SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
October 1, 2026. 9

Approved:
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Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.