1036
LAWS OF MARYLAND
[Ch. 127
(a) The General Assembly finds that certain
wildlife are endangered and are entitled to preservation
and protection as a matter of general State concern. The
Federal Endangered Species Act of 1969, 16 U.S.C. §
668aa-1 et seq., and the Lacey Act, 18 U.S.C. §§ 42-44,
together provide for protection of wildlife threatened
with worldwide extinction by prohibiting importation of
endangered wildlife, and by restricting and regulating
interstate and foreign commerce in wildlife hunted in
violation of state, federal, and foreign laws. The
states, however, also must assume responsibility to
conserve endangered wildlife by restricting hunting,
possessing, transporting, processing, or selling
endangered wildlife within their respective jurisdictions
to assure continued survival and propagation of
endangered wildlife for the aesthetic, recreational, and
scientific purposes of future generations. The General
Assembly finds that by eliminating the hunting,
possessing, transporting, processing, or selling of
endangered species of wildlife in the State, and by
establishing a program for conservation and restoration
of these endangered species, their potential for
continued existence can be strengthened.
(b) Except as provided in subsection (f) , and
notwithstanding any other provision of this title,
hunting, transporting, possessing, processing, or selling
within the State any wildlife appearing on any of the
following lists is prohibited:
(1) The United States' list of endangered
foreign fish and wildlife, Part 17 of Title 50 of the
Code of Federal Regulations, Appendix A, as amended;
(2) The United States' list of endangered
native fish and wildlife, Part 17 of Title 50 of the Code
of Federal Regulations, Appendix D, as amended; and
(3) The Department's endangered species
list.
(c) The Secretary shall inventory and investigate
the status of all wildlife found in the State to
determine whether they are threatened with Statewide
extinction. The Secretary shall maintain a list of
wildlife threatened with Statewide extinction giving
their common and scientific names by species and
sub-species. For this purpose, wildlife are "threatened
with Statewide extinction" if the Secretary determines,
based on the best scientific and commercial data
available to him, and after consultation with other State
wildlife directors, federal agencies, and other
interested persons and organizations, that the continued
existence of the wildlife is endangered in the State due
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