Md. Code Regs. 08.03.08.14

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

Section 08.03.08.14 - Puritan Tiger Beetle Incidental Taking

A. Permit Required. A person shall obtain a permit from the Department before the person may conduct any activity that will result in the incidental taking of Puritan tiger beetles.

B. Application. To apply for a permit for the incidental taking of Puritan tiger beetles, an applicant shall submit the following information to the Department:

(1) A completed application form including the applicant's:

(a) Full name;

(b) Address of residence or business;

(c) Birth date; and

(d) Telephone number; and

(2) A conservation plan for the site that shall include the following:

(a) Site location information, including tax map and parcel numbers;

(b) A map of the site, including property boundaries, location of the cliff, and location of the proposed development;

(c) A description of proposed habitat alteration, including physical alteration of beach or cliff habitat;

(d) A description of alternatives considered and reasons that these alternatives were not used;

(e) A description of minimization and mitigation measures to be employed; and

(f) A copy of the submitted federal application or approved federal authorization from the U.S. Fish and Wildlife Service to incidentally take Puritan tiger beetles.

C. Permit applications may be obtained from the Wildlife and Heritage Service, Tawes State Office Building, 580 Taylor Ave., E-1, Annapolis, Maryland 21401, or by calling 410-260-8540, or online at www.dnr.state.md.us.

D. Completed applications shall be mailed or delivered to: Permits Coordinator, Wildlife and Heritage Service, Tawes State Office Building, 580 Taylor Ave., E-1, Annapolis, Maryland 21401.

E. Duration. Permits for the incidental taking of Puritan tiger beetles are valid for the term specified by the Department on the permit.

F. Minimization measures as described in §B(2)(e) of this regulation shall include:

(1) Limiting construction activities during the adult breeding season of June through August in order to minimize adult tiger beetle mortality;

(2) Limiting construction activities to the beach area and no alteration of the cliff face;

(3) Limiting habitat alteration to a portion of the tiger beetle habitat; and

(4) Limiting other actions that harm adult Puritan tiger beetles, larvae, or habitat.

G. Mitigation.

(1) Mitigation shall be employed whenever the habitat alteration will render a significant portion of the site unsuitable for Puritan tiger beetles in either their adult or larval life forms.

(2) Mitigation shall occur at not less than a 1:1 ratio of linear feet of shoreline impacted.

(3) Mitigation measures may include:

(a) Protection of other property suitable for Puritan tiger beetle habitat by acquisition of a conservation easement that permanently prohibits shoreline stabilization of or alteration of the cliff face on the property;

(b) Payment of any mitigation fee that may be required through the federal permitting process;

(c) Restoration or creation of Puritan tiger beetle habitat by participating financially in the Department's Puritan tiger beetle habitat conservation program; and

(d) Implementation of other measures that compensate for the loss of Puritan tiger beetles as a result of the incidental taking.

H. A conservation easement under §G(3)(a) of this regulation shall be executed and recorded before the issuance of an incidental taking permit.

I. The Department shall issue an incidental taking permit to the applicant if all of the following have been satisfied:

(1) The applicant has submitted the completed application form, fee, and conservation plan;

(2) Alternatives have been considered and determined not to be feasible;

(3) Adequate minimization or mitigation measures have been incorporated into the habitat conservation plan;

(4) The actions do not appreciably reduce the likelihood of the survival or recovery of the Puritan tiger beetle;

(5) Adequate funding for the conservation plan is available to implement the plan; and

(6) Federal authorization to incidentally take Puritan tiger beetles has been secured by the applicant from the U.S. Fish and Wildlife Service.

Md. Code Regs. 08.03.08.14

Regulation .14 adopted effective December 31, 2007 (34:26 Md. R. 2261)