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1042
LAWS OF MARYLAND
[Ch. 127
(2) OVERUTILIZATION FOR COMMERCIAL,
SPORTING, SCIENTIFIC, EDUCATIONAL, OR OTHER PURPOSES;
(3) DISEASE OR PREDATION;
(4) THE INADEQUACY OF EXISTING REGULATORY
MECHANISMS; OR
(5) OTHER NATURAL OR MANMADE FACTORS
AFFECTING ITS CONTINUED EXISTENCE WITHIN THE STATE.
(C) THE SECRETARY SHALL MAKE DETERMINATIONS
REQUIRED BY SUBSECTION (B) 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), THE SECRETARY MAY
NOT ADD A SPECIES TO NOB REMOVE A SPECIES FROM ANY LIST
PUBLISHED UNLESS HE 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 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), IF THE DEPARTMENT DETERMINES THAT AN EMERGENCY
SITUATION EXISTS INVOLVING THE CONTINUED EXISTENCE OF THE
SPECIES AS A VIABLE COMPONENT OF THE STATE'S WIIDLIFE OR
PLANTS, IT MAY ADD THE SPECIES TO THE LISTS IF IT
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
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