(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.
‹ Prev All Maryland sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.