Section 10-2A-05.2 - Incidental taking permit for endangered Delmarva Fox Squirrel(a) The Secretary may issue a permit to an applicant that authorizes an incidental taking of the endangered Delmarva fox squirrel 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 Delmarva fox squirrel 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 Delmarva fox squirrel.(b) The Secretary may adopt regulations to implement and enforce this section.Md. Code, NR § 10-2A-05.2