WILLIAM DONALD SCHAEFER, Governor Ch. 6

and plants which are determined to be "threatened" or "endangered" elsewhere
pursuant to the Endangered Species Act of 1973, 87 Stat. 884, by prohibiting the taking,
possession, transportation, exportation, processing, sale, offer for sale, or shipment
within [this] THE State of endangered species and by carefully regulating these
activities with regard to the threatened species.

(B) Exceptions to [these] THE prohibitions, IN SUBSECTION (A) OF THIS
SECTION, for the purpose of enhancing the conservation of these species, may be
permitted as set forth in this subtitle.

10-2A-03.

(a) The Secretary shall conduct investigations of nongame wildlife in order to
develop information relating to population, distribution, habitat needs, limiting factors,
and other biological and ecological data to determine conservation measures necessary
for their continued ability to sustain themselves successfully. On the basis of these
determinations the Secretary shall issue proposed [rules and] regulations not later than
July 1, 1977 and develop conservation programs designed to insure the continued ability
of nongame wildlife deemed in need of conservation to perpetuate themselves
successfully. The Secretary shall conduct ongoing investigations of nongame wildlife.

(b) The Secretary, by [rules and] regulations, shall adopt limitations relating to
taking, possession, transportation, exportation, processing, sale or offer for sale, or
shipment necessary to conserve nongame wildlife.

(c) (1) Except as provided in [rules and] regulations adopted by the Secretary,
[no person may] A PERSON MAY NOT take, possess, transport, export, process, sell,
offer for sale, or ship nongame wildlife deemed by the Secretary to be in need of
conservation pursuant to this section [J.

(2) [nor may any] A common or contract carrier MAY NOT knowingly
transport or receive for shipment nongame wildlife deemed by the Secretary to be in
need of conservation pursuant to this section.

10-2A-04.

(b) In addition to the species deemed to be endangered or threatened pursuant
to the Endangered Species Act, the Secretary, by [rule or] regulation, shall determine
whether any species of wildlife or plant 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

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