MARVIN MANDEL,

Governor

2085

(C)     THE GOVERNOR SHALL REVIEW OTHER PROGRAMS
ADMINISTERED BY HIM AND UTILIZE THESE PROGRAMS IN
FURTHERANCE OF THE PURPOSES OF THIS SUBTITLE. ALL STATE
DEPARTMENTS AND AGENCIES, IN CONSULTATION WITH AND WITH
THE ASSISTANCE OF THE SECRETARY, SHALL UTILIZE THEIR
AUTHORITIES IN FURTHERANCE OF THE PURPOSES OF THIS
SUBTITLE BY CARRYING OUT PROGRAMS FOR THE CONSERVATION OF
ENDANGERED SPECIES AND THREATENED SPECIES LISTED PURSUANT
TO §4-2A04 (F) AND BY TAKING ANY ACTION NECESSARY TO
INSURE THAT ACTIONS AUTHORIZED, FUNDED, OR CARRIED OUT BY
THEM DO NOT JEOPARDIZE 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.

4-2A07.

(A)     ANY PERSON WHO VIOLATES THE PROVISIONS OF
§4-2A05, OR FAILS TO PROCURE ANY PERMIT REQUIRED BY
§4-2A05, 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, FISH 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 RESOURCE 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 FISH, RECORDS, OR PROPERTY TAKEN, OR USED
IN CONNECTION WITH ANY VIOLATION.

(C)    EQUIPMENT, MERCHANDISE, FISH OR RECORDS SEIZED
UNDER THE PROVISIONS OF SUBSECTION (B) SHALL BE HELD BY
ANY NATURAL RESOURCE 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 FISH SO SEIZED TO A QUALIFIED
ZOOLOGICAL, EDUCATIONAL, OR SCIENTIFIC INSTITUTION FOR
SAFEKEEPING, COSTS TO BE ASSESSABLE TO THE DEFENDANT.