MARVIN MANDEL, Governor

1041

(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)    EXCEPT AS PROVIDED IN RULES AND REGULATIONS
ADOPTED BY THE SECRETARY, NO PERSON MAY 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, NOR MAY ANY COMMON
OR CONTRACT CARRIER KNOWINGLY TRANSPORT OR RECEIVE FOR
SHIPMENT NONGAME WILDLIFE DEEMED BY THE SECRETARY TO BE
IN NEED OF CONSERVATION PURSUANT TO THIS SECTION.

10-2A04.

(A) ANY SPECIES OF WILDLIFE OR PLANT DETERMINED TO
BE ENDANGERED SPECIES PURSUANT TO THE ENDANGERED SPECIES
ACT SHALL BE DEEMED TO BE AN ENDANGERED SPECIES UNDER THE
PROVISIONS OF THIS SUBTITLE AND ANY SPECIES OF WILDLIFE
OR PLANT DETERMINED TO BE A THREATENED SPECIES PURSUANT
TO THE ENDANGERED SPECIES ACT SHALL BE DEEMED TO BE A
THREATENED SPECIES UNDER THE PROVISIONS OF THIS SUBTITLE.
THE SECRETARY MAY DETERMINE, IN ACCORDANCE WITH THIS
SECTION, THAT ANY THREATENED SPECIES IS AN ENDANGERED
SPECIES THROUGHOUT ALL OR ANY PORTION OF THE RANGE OF THE
SPECIES WITHIN THE STATE.

(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;