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2082
LAWS OF MARYLAND
[Ch. 327
THROUGHOUT ALL OR ANY PORTION OF THE RANGE OF THE SPECIES
WITHIN THE STATE.
(B) IN ADDITION TO THE SPECIES DEEMED TO BE
ENDANGERED OR THREATENED PURSUANT TO THE ENDANGERED
SPECIES ACT, THE SECRETARY, BY RULE OR REGULATION, SHALL
DETERMINE WHETHER ANY SPECIES OF FISH NORMALLY OCCURRING
WITHIN THE STATE IS AN ENDANGERED OR THREATENED SPECIES
DUE TO ANY OF THE FOLLOWING FACTORS:
(1) THE PRESENT OR THREATENED DESTRUCTION,
MODIFICATION, OR CURTAILMENT OF ITS HABITAT OR RANGE;
(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 FISH 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 FISH
DETERMINED TO BE ENDANGERED OR THREATENED SPECIES UNDER
THE PROVISIONS OF SUBSECTION (A), THE SECRETARY MAY NOT
ADD A SPECIES TO NOR 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
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