Md. Code Regs. 08.02.12.02

Current through Register Vol. 51, No. 12, June 14, 2024

Section 08.02.12.02 - Factors for Endangered or Threatened Determination

A. Determination Pursuant to the Endangered Species Act.

(1) Any species of fish determined to be an endangered species pursuant to the Endangered Species Act shall be considered an endangered species under the provisions of this subtitle.

(2) Any species of fish determined to be a threatened species pursuant to the Endangered Species Act shall be considered a threatened species under the provisions of this subtitle.

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

B. Determination Pursuant to Other Factors. In addition to the species considered 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:

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

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

(3) Disease or predation;

(4) The inadequacy of existing regulatory mechanisms; or

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

Md. Code Regs. 08.02.12.02

Regulation .02 amended effective December 19, 1994 (21:25 Md. R. 2104)
Regulation .02A and B amended effective September 3, 1990 (17:17 Md. R. 2077)