2013 Maryland Code
NATURAL RESOURCES
§ 10-2A-05.1 - Incidental taking permit for endangered Puritan Tiger Beetle; regulations

(a) In general. -- The Secretary shall issue a permit to an applicant that authorizes an incidental taking of the endangered Puritan Tiger Beetle if:

(1) The applicant submits a conservation plan to the Department that specifies:

(i) The impact that will likely result from the incidental taking;

(ii) The steps that the applicant will take to minimize and mitigate the impact, and the funding that will be available to implement the steps;

(iii) The alternative actions to the incidental taking that the applicant considered and the reasons that the alternatives were not used; and

(iv) Any other measures that the Secretary requires as being reasonably necessary or appropriate for the purposes of the plan; and

(2) The Secretary finds that:

(i) The incidental taking will not appreciably reduce the likelihood of the survival or recovery of the Puritan Tiger Beetle in the wild;

(ii) The applicant will, to the extent practicable, minimize and mitigate the impacts of the incidental taking;

(iii) Adequate funding for the conservation plan is available and the plan will be implemented; and

(iv) The applicant has obtained the required federal authorization for the incidental taking of the Puritan Tiger Beetle.

(b) Regulations. -- The Secretary shall adopt regulations to implement and enforce this section.