WILLIAM DONALD SCHAEFER, Governor Ch. 785

(q) (1) "Species" includes any subspecies of fish and any
other group of fish of the same species or smaller taxa in common
spatial arrangement that interbreed when mature.

(2) "SPECIES" DOES NOT INCLUDE FISH WHICH ARE BRED OR
RAISED IN AUTHORIZED AQUACULTURE OPERATIONS IN NONTIDAL PONDS,
LAKES, OR IMPOUNDMENTS.

4-2A-08.

(a)  Except as provided in subsection (b) of this section,
the provisions of this subtitle do not prohibit:

(1)  Importation into the State of fish which may be
lawfully imported into the United States or lawfully taken and
removed from another state; [or]

(2)  Entry into this State or the possession,
transportation, exportation, processing, sale, offer for sale, or
shipment of any fish which is designated an endangered or
threatened species in this State but not in the state where
originally taken, if the person engaging in the activity
demonstrates by substantial evidence that the fish was lawfully
taken and lawfully removed from the state of origin; OR

(3)  ENTRY INTO THIS STATE OR THE POSSESSION,
TRANSPORTATION, EXPORTATION, PROCESSING, SALE, OFFER FOR SALE, OR
SHIPMENT OF FISH WHICH ARE LAWFULLY PURCHASED FOR, OR WHICH ARE
PRODUCTS OF, AUTHORIZED AQUACULTURE OPERATIONS IN NONTIDAL PONDS,
LAKES, OR IMPOUNDMENTS, PROVIDED THE FISH ARE IDENTIFIED AS SUCH
IN ACCORDANCE WITH REGULATIONS ADOPTED UNDER § 4-11A-02 OF THIS
TITLE.

(b)  (1) (I) THIS PARAGRAPH DOES NOT APPLY TO STRIPED BASS
OR ROCKFISH, INCLUDING HYBRIDS, WHICH ARE LAWFULLY PURCHASED FOR,
OR WHICH ARE PRODUCTS OF AUTHORIZED AQUACULTURE OPERATIONS IN
NONTIDAL PONDS, LAKES, OR IMPOUNDMENTS, PROVIDED THE FISH ARE
IDENTIFIED AS SUCH IN ACCORDANCE WITH REGULATIONS ADOPTED UNDER §
4-11A-02 OF THIS TITLE.

(II) If the species of fish known as striped
bass or rockfish, including hybrids thereof, is listed as
threatened or endangered pursuant to the provisions of this
subtitle, all prohibitions of this subtitle shall apply to any
striped bass or hybrid located within the State whether or not
the fish may have been taken lawfully in another state, except as
authorized in this subsection.

(2) A person may possess striped bass or hybrids from
another state while transporting them through this State for sale
in another state if the person can demonstrate by substantial
evidence that the fish were lawfully taken and removed from the
state of origin.

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