MARVIN MANDEL, Governor

1043

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.

10-2A05.

(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 §
10-2A04(F), 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 § 10-2A04(F),
THE SECRETARY SHALL ADOPT RULES AND REGULATIONS NECESSARY
AND ADVISABLE TO PROVIDE FOR THE CONSERVATION OF THE
SPECIES. THE SECRETARY, BY RULES AND REGULATIONS, MAY
PROHIBIT WITH RESPECT TO ANY THREATENED SPECIES OF
WILDLIFE OR PLANT ANY ACT PROHIBITED UNDER SUBSECTION
(C).

(C)    EXCEPT AS PROVIDED IN SUBSECTION (F) , WITH
RESPECT TO ANY ENDANGERED SPECIES OF WILDLIFE, NO PERSON
MAY:

(1)    EXPORT THE SPECIES FROM THE STATE;

(2)    TAKE THE SPECIES WITHIN THE STATE;

(3)    POSSESS, PROCESS, SELL OR OFFER FOR
SALE, DELIVER, CARRY, TRANSPORT, OR SHIP THE SPECIES BY
ANY MEANS; OR

(4)    VIOLATE ANY RULE OR REGULATION
PERTAINING TO THE CONSERVATION OF THE SPECIES OR TO ANY
THREATENED SPECIES OF WILDLIFE LISTED PURSUANT TO THIS
SUBSECTION AND ADOPTED BY THE SECRETARY PURSUANT TO
AUTHORITY PROVIDED BY THIS SECTION.

(D)    EXCEPT AS PROVIDED IN SUBSECTION (F), WITH
RESPECT TO ANY ENDANGERED SPECIES OF PLANT, NO PERSON
MAY:

(1) EXPORT THE SPECIES FROM THE STATE;

(2) POSSESS, PROCESS, SELL, OFFER FOR SALE,