# Natural Resources (GNR)

## Title 10. Wildlife

### Subtitle 2A. Nongame and Endangered Species Conservation Act

#### Section 10-2A-05.3

(a) The Secretary may issue a permit to an applicant that authorizes an incidental taking of the Indiana bat, the northern long-eared bat, the tricolored bat, or the eastern small-footed bat 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 Indiana bat, the northern long-eared bat, the tricolored bat, or the eastern small-footed bat 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 Indiana bat, the northern long-eared bat, the tricolored bat, or the eastern small-footed bat.

(b) The Secretary may adopt regulations to implement and enforce this section.

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Md. Code Ann., Nat. Res. (as displayed at mgaleg.maryland.gov, October 16, 2026)