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Ch. 406 2005 LAWS OF MARYLAND
necessary, except that regulated taking as a method and procedure shall be limited to
the extraordinary case where population pressures within a given ecosystem cannot
be otherwise relieved.
(c) "Ecosystem" means a system of living organisms and their environment,
each influencing the existence of the other and both necessary for the maintenance of
life.
(d) (1) "Endangered species" means any species whose continued existence
as a viable component of the State's wildlife or plants is determined to be in jeopardy.
(2) "Endangered species" includes any species of wildlife or plant
determined to be an "endangered species" pursuant to the Endangered Species Act.
(e) "Endangered Species Act" means the Endangered Species Act of 1973, 87
Stat. 884.
(f) "INCIDENTAL TAKING" MEANS THE TAKING OF LISTED SPECIES THAT IS
INCIDENTAL TO, AND NOT THE PURPOSE OF, THE CARRYING OUT OF AN OTHERWISE
LAWFUL ACTIVITY.
(G) "Nongame species" means any wildlife species not legally classified as
game birds or mammals, threatened species, or an endangered species by statute or
regulation of the State.
[(g)] (H) "Optimum carrying capacity" means that point at which a given
habitat can support healthy populations of wildlife species, having regard to the total
ecosystem, without diminishing the ability of the habitat to continue that function.
[(h)] (I) (1) "Plant" means any member of the plant kingdom.
(2) "Plant" includes seeds, roots, and other parts of the plant.
[(i)] (J) "Species" includes any subspecies of wildlife or plant and any other
group of wildlife of the same species or smaller taxa in common spatial arrangement
that interbreed when mature.
[(j)] (K) "Take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to engage in any such conduct.
[(k)] (L) "Threatened species" means any species of wildlife or plants which
appears likely, within the foreseeable future, to become endangered including any
species of wildlife or plant determined to be a "threatened species" pursuant to the
Endangered Species Act.
10-2A-05.
(a) Except with respect to species of wildlife or plants 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 § 10-2A-04(f) of this subtitle, if the Secretary publishes public notice that the
person has presented substantial evidence which warrants a review.
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