Ch. 6 LAWS OF MARYLAND

(5) Other natural or manmade factors affecting its continued existence
within the State.

(c) The Secretary shall make determinations required by subsection (b) OF
THIS SECTION on the basis of the best scientific, commercial, and other data available
to and after consultation, as appropriate, with federal agencies, other interested State
agencies, other states having a common interest in the species, and interested persons
and organizations. In determining whether any species of wildlife or plant is an
endangered species or a threatened species, the Secretary shall take into consideration
any actions being carried out or about to be carried out by the federal government,
other states, other agencies of this State, or political subdivisions, or by any other
person which may affect the species under consideration.

(d) Except with respect to species of wildlife or plants determined to be
endangered or threatened species under the provisions of subsection (a) OF THIS
SECTION, the Secretary may not add a species to nor remove a species from any list
published unless [he] THE SECRETARY first:

(1) Publishes a public notice of the proposed action;

(2) Furnishes notice of the proposed action to the Governor of any state
sharing a common border with [this] THE State and in which the subject species is
known to exist; and

(3) Allows at least 30 days following publication for comment from the
public and other interested parties.

(e) Notwithstanding the provisions of subsection (d) OF THIS SECTION, if the
Department determines that an emergency situation exists involving the continued
existence of the species as a viable component of the State's wildlife or plants, [it] THE
DEPARTMENT may add the species to the lists if [it] THE DEPARTMENT publishes
a public notice that an emergency situation exists together with a summary of facts
which support this determination.

(f) The Secretary shall adopt [rules and] regulations containing a list of all
species of wildlife and plants normally occurring within the State determined to be
endangered species and a list of all species determined to be threatened species. Each
list shall refer to the species by scientific and common names and shall specify with
respect to each species over what portion of its range it is endangered or threatened.

10-2A-05.

(a) Except with respect to species of wildlife or plants determined to be
endangered or threatened pursuant to the Endangered Species Act, the Secretary, upon
the petition of an interested person, shall conduct a review of any listed or unlisted
species proposed to be removed from or added to the lists published pursuant to §
10-2A-04(f) OF THIS SUBTITLE, if the Secretary publishes public notice that the
person has presented substantial evidence which warrants a review.

(b) When any species of wildlife or plant is listed as a threatened species
pursuant to § 10-2A-04(f) OF THIS SUBTITLE, the Secretary shall adopt [rules and]

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