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<section article="gnr" article_name="Natural Resources" number="4-2A-01" title_number="4" title_name="Fish and Fisheries" subtitle_number="2A" subtitle_name="The Endangered Species of Fish Conservation Act">
  <level label="a">
    <text>In this subtitle the following words have the meanings indicated.</text>
  </level>
  <level label="b">
    <text>“Conserve” means to use all methods and procedures for the purpose of increasing the number of individuals within species or populations up to the optimum carrying capacity of their habitat and maintaining these levels. These methods and procedures include all activities associated with scientific resources management such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, and transplantation, including the periodic or total protection of species or populations as well as regulated taking. With respect to endangered and threatened species, the term means to use all methods and procedures including those described above which are necessary to bring any endangered or threatened species to the point at which the measures provided for these species pursuant to this subtitle are no longer necessary except that regulated taking as a method and procedure shall be limited to the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved.</text>
  </level>
  <level label="c">
    <text>“Ecosystem” means a system of living organisms and their environment, each influencing the existence of the other and necessary for the maintenance of life.</text>
  </level>
  <level label="d">
    <text>“Endangered species” means any species whose continued existence as a viable component of the State’s fish resources is determined to be in jeopardy including any species of fish determined to be an “endangered species” pursuant to the Endangered Species Act.</text>
  </level>
  <level label="e">
    <text>“Endangered Species Act” means the Endangered Species Act of 1973, 87 Stat. 884.</text>
  </level>
  <level label="f">
    <level label="1">
      <text>“Fish” means finfish, crustaceans, mollusks, invertebrates, amphibians, and reptiles that spend the majority of their life cycle in water.</text>
    </level>
    <level label="2">
      <text>“Fish” includes any part, egg, offspring, product, or dead body of any fish.</text>
    </level>
  </level>
  <level label="f–1">
    <text>“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:</text>
    <level label="1">
      <text>Using the best available data; and</text>
    </level>
    <level label="2">
      <text>Taking into account considerations including:</text>
      <level label="i">
        <text>The species’ life–history characteristics;</text>
      </level>
      <level label="ii">
        <text>The projected time frame of the threat; and</text>
      </level>
      <level label="iii">
        <text>Environmental variability.</text>
      </level>
    </level>
  </level>
  <level label="f–2">
    <level label="1">
      <text>“Harm” means an act that kills or injures any species of fish.</text>
    </level>
    <level label="2">
      <text>“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.</text>
    </level>
  </level>
  <level label="g">
    <text>“Optimum carrying capacity” means that point at which a given habitat can support healthy populations of fish species, having regard to the total ecosystem, without diminishing the ability of the habitat to continue that function.</text>
  </level>
  <level label="h">
    <level label="1">
      <text>“Species” includes any subspecies of fish and any other group of fish of the same species or smaller taxa in common spatial arrangement that interbreed when mature.</text>
    </level>
    <level label="2">
      <text>“Species” does not include fish which are bred or raised in authorized aquaculture operations in nontidal ponds, lakes, or impoundments.</text>
    </level>
  </level>
  <level label="i">
    <text>“Take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.</text>
  </level>
  <level label="j">
    <text>“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.</text>
  </level>
</section>
