In this subtitle the following words have the meanings indicated. “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. “Ecosystem” means a system of living organisms and their environment, each influencing the existence of the other and necessary for the maintenance of life. “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. “Endangered Species Act” means the Endangered Species Act of 1973, 87 Stat. 884. “Fish” means finfish, crustaceans, mollusks, invertebrates, amphibians, and reptiles that spend the majority of their life cycle in water. “Fish” includes any part, egg, offspring, product, or dead body of any fish. “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: Using the best available data; and Taking into account considerations including: The species’ life–history characteristics; The projected time frame of the threat; and Environmental variability. “Harm” means an act that kills or injures any species of fish. “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. “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. “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. “Species” does not include fish which are bred or raised in authorized aquaculture operations in nontidal ponds, lakes, or impoundments. “Take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. “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.

The General Assembly finds that: (1) It is the policy of this State to conserve species of fish for human enjoyment, for scientific purposes, and to insure their perpetuation as viable components of their ecosystems; (2) Species of fish normally occurring within the State which may be found to be threatened or endangered within the State should be accorded the protection necessary to maintain and enhance their numbers; (3) The State should assist in the protection of species of fish which are determined to be “threatened” or “endangered” elsewhere pursuant to the Endangered Species Act of 1973, 87 Stat. 884, by prohibiting the taking, possession, transportation, exportation, processing, sale, offer for sale, or shipment within this State of endangered species and by carefully regulating these activities with regard to the threatened species. Exceptions to these prohibitions, for the purpose of enhancing the conservation of these species, may be permitted as set forth in this subtitle.

The Secretary shall conduct investigations of the fish resources of the State in order to develop information relating to population, distribution, habitat needs, limiting factors, and other biological and ecological data to determine conservation measures necessary for their continued ability to sustain themselves successfully. On the basis of these determinations the Secretary shall issue proposed rules and regulations not later than July 1, 1976, and develop conservation programs designed to insure the continued ability of fish deemed in need of conservation to perpetuate themselves successfully. The Secretary shall conduct ongoing investigations of the fish resources of the State and may amend these rules and regulations. The Secretary, by rules and regulations, shall adopt limitations relating to taking, possession, transportation, exportation, processing, sale or offer for sale, or shipment necessary to conserve fish. Except as provided in rules and regulations adopted by the Secretary, no person may take, possess, transport, export, process, sell, offer for sale, or ship any fish deemed by the Department to be in need of conservation pursuant to this section, nor may any common or contract carrier knowingly transport or receive for shipment any fish deemed by the Secretary to be in need of conservation pursuant to this section.

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 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. 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: The present or threatened destruction, modification, or curtailment of its habitat or range; Overutilization for commercial, sporting, scientific, educational, or other purposes; Disease or predation; The inadequacy of existing regulatory mechanisms; or Other natural or manmade factors affecting its continued existence within the State. The Secretary shall make determinations required by subsection (b) of this section: 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 Without reference to possible economic or other impacts of such determination. 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. 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: Publishes a public notice of the proposed action; 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 Allows at least 30 days following publication for comment from the public and other interested parties. 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. 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: The species is extinct; The species has recovered to the point that it no longer meets the definition of endangered species or threatened species; 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 Information has become available since the original listing decision that shows that the listed entity does not meet the definition of a species. 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. 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. 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.

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(g) of this subtitle, if the Secretary makes and publishes a public notice that the person has presented substantial evidence which warrants a review. A petition submitted by an interested person under paragraph (1) of this subsection shall include: A description of the biological distribution of the species in the State; The life needs and habitat requirements of the species; Evidence: Of the species’ decline, if the species is an unlisted species; or If the species is a listed species: That the species is extinct; That the species has recovered to the point that it no longer meets the definition of endangered species or threatened species; 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 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; All known threats that jeopardize the continued existence of the species; Any other relevant biological and ecological data or other life history information pertinent to the status of the species; Evidence that the species is recognized as a valid species or an infraspecific taxon of regional or national significance; and Adequate documentation that the species occurs naturally and is permanently established in the State. When any species of fish is listed as a threatened species pursuant to § 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. Except as provided in subsection (f) of this section, with respect to any endangered species of fish, no person may: Export the species from the State; Take the species within the State; Possess, process, sell, or offer for sale, deliver, carry, transport, or ship the species by any means; or 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. Except as provided in subsection (f) of this section, with respect to any endangered species of fish, no person may: Export the species from the State; Possess, process, sell, offer for sale, deliver, carry, transport, or ship the species by any means; or Violate any regulation pertaining to the species or to any threatened species of fish listed pursuant to § 4–2A–04(g) of this subtitle and adopted by the Secretary. 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. 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. 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.

When the Secretary removes the moratoriums on the taking, possession, sale, and transporting of striped bass or rockfish, the Secretary: Shall allow sport fishermen and commercial fishermen to take, possess, sell, and transport striped bass or rockfish; but May not remove the moratoriums for sport fishermen or commercial fishermen without removing the same moratoriums for the other group of fishermen.

The Secretary: Shall establish programs, including acquisition of land or aquatic habitat or interests therein, necessary for the conservation of threatened or endangered species of fish; May designate areas as essential habitats for endangered and threatened species; and May adopt management protocols for designated essential habitats. The Secretary shall use all vested authority to carry out the provisions of this subsection. 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. The Governor shall review other programs administered by him and utilize these programs in furtherance of the purposes of this subtitle. 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(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. The Secretary shall adopt rules and regulations necessary to implement this section.

Any person who violates the provisions of § 4–2A–05 of this subtitle, or fails to procure any permit required by § 4–2A–05 of this subtitle, or who violates the terms of any permit shall be fined not more than $1,000 or be imprisoned not more than one year, or both. Any Natural Resources police officer or any law enforcement officer may conduct searches as provided by law, and execute a warrant to search for and seize any equipment, business records, merchandise, fish taken, used or possessed in connection with a violation of any subsection. Any Natural Resources police officer or law enforcement officer, without a warrant, may arrest any person who the officer has probable cause to believe is violating, in his presence or view, this subtitle, any rule or regulation, or permit provided for by this subtitle. Any Natural Resources police officer or law enforcement officer who has made an arrest of a person in connection with any violation may search the person, premises, or business records at the time of arrest and may seize any fish, records, or property taken, or used in connection with any violation. Equipment, merchandise, fish or records seized under the provisions of subsection (b) of this section shall be held by any Natural Resources police officer or law enforcement officer pending disposition of court proceedings, and thereafter shall be forfeited to the State for destruction or disposition as the Secretary may deem appropriate. Prior to forfeiture the Secretary may direct the transfer of fish so seized to a qualified zoological, educational, or scientific institution for safekeeping, costs to be assessable to the defendant. The Secretary may issue rules and regulations to implement this section.

Except as provided in subsection (b) of this section, the provisions of this subtitle do not prohibit: Importation into the State of fish which may be lawfully imported into the United States or lawfully taken and removed from another state; Entry into this State or the possession, transportation, exportation, processing, sale, offer for sale, or shipment of any fish which is designated an endangered or threatened species in this State but not in the state where originally taken, if the person engaging in the activity demonstrates by substantial evidence that the fish was lawfully taken and lawfully removed from the state of origin; or Entry into this State or the possession, transportation, exportation, processing, sale, offer for sale, or shipment of fish which are lawfully purchased for, or which are products of, authorized aquaculture operations in nontidal ponds, lakes, or impoundments, provided the fish are identified as such in accordance with regulations adopted under § 4-11A-02 of this title. This paragraph does not apply to striped bass or rockfish, including hybrids, which are lawfully purchased for, or which are products of authorized aquaculture operations in nontidal ponds, lakes, or impoundments, provided the fish are identified as such in accordance with regulations adopted under § 4-11A-02 of this title. If the species of fish known as striped bass or rockfish, including hybrids thereof, is listed as threatened or endangered pursuant to the provisions of this subtitle, all prohibitions of this subtitle shall apply to any striped bass or hybrid located within the State whether or not the fish may have been taken lawfully in another state, except as authorized in this subsection. A person may possess striped bass or hybrids from another state while transporting them through this State for sale in another state if the person can demonstrate by substantial evidence that the fish were lawfully taken and removed from the state of origin. A person who possesses a valid license to deal in finfish under § 4-702 of this title may possess, store, and process striped bass or hybrids of striped bass lawfully taken in another state or in waters within the jurisdiction of the Potomac River Fisheries Commission, in conjunction with transporting them through this State for sale in another state. This section does not permit the possession, transportation, exportation, processing, sale, offer for sale or shipment within this State of species of fish determined, pursuant to the Endangered Species Act, to be an endangered or threatened species except as permitted by § 4-2A-05 of this subtitle.

The Department shall adopt regulations allowing the catching of hybrids of striped bass under certain conditions in freshwater impoundments in the State as long as, during the time any moratorium on the taking and sale of striped bass is in effect under the Endangered Species of Fish Conservation Act, the regulations also prohibit the sale in the State for any purpose of the hybrids of striped bass that are caught under the authority of the regulations.

The subtitle may be cited as the Endangered Species of Fish Conservation Act.