MARVIN MANDEL, Governor                               2083

INTERESTED PARTIES.

(E) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION
(D), IF THE DEPARTMENT DETERMINES THAT AN EMERGENCY
SITUATION EXISTS INVOLVING THE CONTINUED EXISTENCE OF THE
SPECIES AS A VIABLE COMPONENT OF THE STATE'S FISH
POPULATION IT MAY ADD THE SPECIES TO THE LISTS IF IT
PUBLISHES A PUBLIC NOTICE THAT AN EMERGENCY SITUATION
EXISTS TOGETHER WITH A SUMMARY OF FACTS WHICH SUPPORT
THIS DETERMINATION.

(F) THE SECRETARY SHALL ADOPT RULES AND
REGULATIONS CONTAINING A LIST OF ALL SPECIES OF FISH
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.

4-2A05.

(A)     EXCEPT WITH RESPECT TO SPECIES OF FISH
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 §4-2A04 (F), IF
HE MAKES AND PUBLISHES A PUBLIC NOTICE THAT THE PERSON
HAS PRESENTED SUBSTANTIAL EVIDENCE WHICH WARRANTS A
REVIEW.

(B)    WHEN ANY SPECIES OF FISH IS LISTED AS A
THREATENED SPECIES PURSUANT TO §4-2A04(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, SHALL PROHIBIT WITH
RESPECT TO ANY THREATENED SPECIES OF FISH ANY ACT
PROHIBITED UNDER SUBSECTION (C).

(C)     EXCEPT AS PROVIDED IN SUBSECTION (F), WITH
RESPECT TO ANY ENDANGERED SPECIES OF [[WILDLIFE]] FISH.
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