MARVIN MANDEL, Governor                               1045

TO § 10-2A04(F), AND BY TAKING ANY ACTION NECESSARY TO
INSURE THAT ACTIONS AUTHORIZED, FUNDED, OR CARRIED OUT BY
THEM DO NOT JEOPARDISE 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.

10-2A07.

(A)    ANY PERSON WHO VIOLATES THE PROVISIONS OF §
10-2A05, OR FAILS TO PROCURE ANY PERMIT REQUIRED BY §
10-2A05, OR WHO VIOLATES THE TERMS OF ANY PERMIT SHALL BE
FINED NOT MORE THAN $1,000 OR BE IMPRISONED NOT MORE THAN
ONE YEAR, OR BOTH.

(B)    ANY NATURAL RESOURCE 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 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)
SHALL BE HELD BY ANY NATURAL RESOURCES POLICE OFFICER OR
LAW ENFORCEMENT OFFICES PENDING DISPOSITION OF COURT
PROCEEDINGS, AND THEREAFTER 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.

10-2A08.

(A) THE PROVISIONS OF THIS SUBTITLE DO NOT
PROHIBIT: