2013 Maryland Code
NATURAL RESOURCES
§ 4-2A-01 - Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Conserve. -- "Conserve" means to use all methods and procedures for the purpose of increasing the number of individuals within species or populations up to the optimum carrying capacity of their habitat and maintaining these levels. These methods and procedures include all activities associated with scientific resources management such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, and transplantation, including the periodic or total protection of species or populations as well as regulated taking. With respect to endangered and threatened species, the term means to use all methods and procedures including those described above which are necessary to bring any endangered or threatened species to the point at which the measures provided for these species pursuant to this subtitle are no longer 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. -- "Ecosystem" means a system of living organisms and their environment, each influencing the existence of the other and necessary for the maintenance of life.

(d) Endangered species. -- "Endangered species" means any species whose continued existence as a viable component of the State's fish resources is determined to be in jeopardy including any species of fish determined to be an "endangered species" pursuant to the Endangered Species Act.

(e) Endangered Species Act. -- "Endangered Species Act" means the Endangered Species Act of 1973, 87 Stat. 884.

(f) Optimum carrying capacity. -- "Optimum carrying capacity" means that point at which a given habitat can support healthy populations of fish species, having regard to the total ecosystem, without diminishing the ability of the habitat to continue that function.

(g) Species. --

(1) "Species" includes any subspecies of fish and any other group of fish of the same species or smaller taxa in common spatial arrangement that interbreed when mature.

(2) "Species" does not include fish which are bred or raised in authorized aquaculture operations in nontidal ponds, lakes, or impoundments.

(h) Take. -- "Take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.

(i) Threatened species. -- "Threatened species" means any species of fish which appears likely, within the foreseeable future, to become endangered, including any species of fish determined to be a "threatened species" pursuant to the Endangered Species Act.