Md. Code Regs. 08.03.08.07

Current through Register Vol. 51, No. 19, September 20, 2024

Section 08.03.08.07 - Threatened Species of Wildlife, Reptiles, Amphibians, Mollusks, Crustaceans, and Finfish

A. Listing Criteria. The following factors shall be considered for listing species other than plant species as threatened:

(1) Whether the species has experienced a steady, substantial decline in Maryland, and if the decline continues, the species is likely to become endangered;

(2) Whether there has been steady, widespread loss of the species' essential habitat; or

(3) Whether protection measures already taken have significantly reduced the chances of the species becoming extirpated from Maryland.

B. Permits. The permit procedures to be followed are set forth in Regulation .03 of this chapter. The following apply:

(1) Except by special permit from the Director, a person may not take, export, possess, process, sell, offer for sale, deliver, carry, transport or ship by any means any threatened wildlife, reptile, amphibian, mollusk, crustacean, or finfish species.

(2) Permits to take threatened species shall be issued only for:

(a) Scientific research designed to enhance the recovery of the species or population;

(b) Other valid scientific research; or

(c) Educational purposes designed to further public awareness regarding the species.

(3) Incidental taking of a threatened wildlife, reptile, amphibian, mollusk, crustacean, or finfish species shall be allowed only after the Director has been notified 30 days in advance of the change in land use or other action by a private landowner which shall result in the incidental taking. The Administration, upon receipt of the application for an incidental taking permit from the landowner, shall within 30 days either:

(a) Take action to salvage the threatened species; or

(b) Issue to the landowner an incidental taking permit authorizing the landowner to proceed with the action which will result in the incidental taking of the species.

C. The following species are considered to be threatened throughout Maryland unless a smaller range is indicated:

(1) Mollusks:

(a) Triangle floater (Alasmidonta undulata); and

(b) Yellow lance (Elliptio lanceolata);

(2) Insects:

(a) Northern metalmark (Calephelis borealis);

(b) Superb jewelwing (Calopteryx amata);

(c) Harris' checkerspot (Chlosyne harrisii);

(d) Selys' sundragon (Helocordulia selysii);

(e) Rare skipper (Problema bulenta); and

(f) Atlantis fritillary (Speyeria atlantis);

(3) Finfish:

(a) Glassy darter (Etheostoma vitreum);

(b) American brook lamprey (Lethenteron appendix); and

(c) Chesapeake logperch (Percina bimaculata);

(4) Reptiles:

(a) Loggerhead sea turtle (Caretta caretta);

(b) Green sea turtle (Chelonia mydas); and

(c) Bog turtle (Glyptemys muhlenbergii); and

(5) Birds:

(a) American bittern (Botaurus lentiginosus);

(b) Red knot (Calidris canutus rufa);

(c) Nashville warbler (Leiothlypis ruficapilla); and

(d) Least tern (Sternula antillarum).

(6) Mammals: Northern long-eared bat (Myotis septentrionalis).

Md. Code Regs. 08.03.08.07

Regulations .07 adopted effective June 29, 1987 (14:13 Md. R. 1471)
Regulation .07C amended effective September 4, 2000 (27:17 Md. R. 1618); November 10, 2003 (30:22 Md. R. 1578); October 22, 2007 (34:21 Md. R. 1914); April 5, 2010 (37:7 Md. R. 570)
Regulations .07C amended effective December 24, 1990; amended effective 43:17 Md. R. 953, eff. 8/29/2016; amended effective 48:3 Md. R. 93, eff. 2/8/2021