MARVIN MANDEL, Governor

2077

strengthened.

(b)     Except as provided in subsection (f), and
notwithstanding any other provisions of this title, the
catching, transporting, possessing, processing or selling
within the State any fish 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 fish found in the State to determine
whether they are threatened with statewide extinction.
The Secretary shall maintain a list of fish threatened
with statewide extinction giving their common and
scientific names by species and subspecies. For this
purpose, fish 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 fisheries directors,
federal agencies, and other interested persons and
organizations, that the continued existence of the fish
is endangered in the State due to any of the following
factors:

(1)  The destruction, drastic modification, or severe
curtailment of its habitat,

(2)  Its over—utilization for commercial or sporting
purposes,

(3)  The effect on it of disease or predation, or

(4)   Other natural or manmade factors affecting its
continued existence.

(d)  The Secretary, on his own motion or on petition
of three interested persons, may conduct a Departmental
review of any fish on the statewide list. The interested
persons shall present substantial scientific evidence to
warrant the review. The Secretary, by order, may amend
the State's list accordingly. This order is effective
immediately upon issuance. The Secretary biennially
shall conduct a review of the State's endangered species
list, and submit to the Governor a summary report of the
scientific data used to support every amendment to the
State^,s endangered species list during that biennium.

(e)   The Secretary may remove any fish from the
State's endangered species list which has been removed