MARVIN MANDEL, Governor

2081

NUMBERS; (3) THE STATE SHOULD ASSIST IN THE PROTECTION
OF SPECIES OF FISH WHICH ARE DETERMINED TO BE
"THREATENED" OR "ENDANGERED" ELSEWHERE PURSUANT TO THE
ENDANGERED SPECIES ACT OF 1973, 87 STAT. 884, BY
PROHIBITING THE TAKING, POSSESSION, TRANSPORTATION,
EXPORTATION, PROCESSING, SALE, OFFER FOR SALE, OR
SHIPMENT WITHIN THIS STATE OF ENDANGERED SPECIES AND BY
CAREFULLY REGULATING THESE ACTIVITIES WITH REGARD TO THE
THREATENED SPECIES. EXCEPTIONS TO THESE PROHIBITIONS,
FOR THE PURPOSE OF ENHANCING THE CONSERVATION OF THESE
SPECIES, MAY BE PERMITTED AS SET FORTH IN THIS SUBTITLE.

4-2A03.

(A)    THE SECRETARY SHALL CONDUCT INVESTIGATIONS OF
THE FISH RESOURCES OF THE STATE 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, 1976 AND DEVELOP
CONSERVATION PROGRAMS DESIGNED TO INSURE THE CONTINUED
ABILITY OF FISH DEEMED IN NEED OF CONSERVATION TO
PERPETUATE THEMSELVES SUCCESSFULLY. THE SECRETARY SHALL
CONDUCT ONGOING INVESTIGATIONS OF THE FISH RESOURCES OF
THE STATE AND MAY AMEND THESE RULES AND REGULATIONS.

(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 FISH.

(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
ANY FISH DEEMED BY THE DEPARTMENT TO BE IN NEED OF
CONSERVATION PURSUANT TO THIS SECTION, NOR MAY ANY COMMON
OR CONTRACT CARRIER KNOWINGLY TRANSPORT OR RECEIVE FOR
SHIPMENT ANY FISH DEEMED BY THE SECRETARY TO BE IN NEED
OF CONSERVATION PURSUANT TO THIS SECTION.

4-2A04.

(A) ANY SPECIES OF FISH 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 FISH
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