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Session Laws, 1990 Session
Volume 436, Page 210   View pdf image (33K)
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Ch. 6 LAWS OF MARYLAND

wildlife or plants. The Secretary may enter into agreements with federal agencies, other
states, political subdivisions of [this] THE State, or with individuals with respect to
programs designed to conserve nongame, endangered, or threatened species of wildlife
or [plants] PLANTS, including agreements for administration and management
established under this section or utilized for conservation of nongame, endangered, or
threatened species of wildlife or plants.

(c) The Governor shall review other programs administered by [him] THE
GOVERNOR and utilize these programs in furtherance of the purposes of this subtitle.
All State departments and agencies, in consultation with and with the assistance of the
Secretary, shall utilize their authorities in furtherance of the purposes of this subtitle by
carrying out programs for the conservation of endangered species and threatened
species listed pursuant to § 10-2A-04(f) OF THIS SUBTITLE, and by taking any action
necessary to insure that actions authorized, funded, or carried out by them do not
jeopardize the continued existence of the endangered species or threatened species or
result in the destruction or modification of habitat of the species which is deemed by
the Secretary to be critical.

(d) The Secretary shall adopt [rules and] regulations necessary to implement
this section.

10-2A-07.

(a) Any person who violates the provisions of § 10-2A-05 OF THIS SUBTITLE,
[or] fails to procure any permit required by § 10-2A-05 OF THIS SUBTITLE, or [who]
violates the terms of any permit shall be fined not more than $1, 000 or be imprisoned
not more than [one] 1 year, or both.

(b) Any Natural Resources police officer or any law enforcement officer may
conduct searches as provided by law, and execute a warrant to search for and seize any
equipment, business records, merchandise, wildlife, or plants taken, used, or possessed
in connection with a violation of any subsection. Any Natural Resources Police officer
or law enforcement officer, without a warrant, may arrest any person who the officer
has probable cause to believe is violating, in [his] THE OFFICER'S presence or view,
this subtitle, any [rule or] regulation, or permit provided for by this subtitle. Any
Natural Resources police officer or law enforcement officer who has made an arrest of
a person in connection with any violation may search the person, premises, or business
records at the time of arrest and may seize any wildlife, plants, records, or property
taken, or used in connection with any violation.

(c) Equipment, merchandise, wildlife, plants or records seized under the
provisions of subsection (b) OF THIS SECTION shall be held by any Natural
Resources police officer or law enforcement officer pending disposition of court
proceedings, and [thereafter] AFTER THAT TIME shall be forfeited to the State for
destruction or disposition as the Secretary may deem appropriate. Prior to forfeiture
the Secretary may direct the transfer of wildlife or plants so seized to a qualified
zoological, botanical, educational, or scientific institution for safekeeping, costs to be
assessable to the defendant. The Secretary may issue [rules and] regulations to
implement this section.

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Session Laws, 1990 Session
Volume 436, Page 210   View pdf image (33K)
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