Md. Code Regs. 08.02.12.02 - Factors for Endangered or Threatened Determination
A. Determination Pursuant to the Endangered
Species Act.
(1) Any species of fish determined to
be an endangered species pursuant to the Endangered Species Act shall be considered
an endangered species under the provisions of this subtitle.
(2) Any species of fish determined to be a
threatened species pursuant to the Endangered Species Act shall be considered a
threatened species under the provisions of this subtitle.
(3) The Secretary may determine, in accordance
with this regulation, that any threatened species is an endangered species
throughout all or any portion of the range of the species within the
State.
B. Determination
Pursuant to Other Factors. In addition to the species considered to be endangered or
threatened pursuant to the Endangered Species Act, the Secretary, by rule or
regulation, shall determine whether any species of fish normally occurring within
the State is an endangered or threatened species due to any of the following
factors:
(1) The present or threatened
destruction, modification, or curtailment of its habitat or range;
(2) Overutilization for commercial, sporting,
scientific, educational, or other purposes;
(3) Disease or predation;
(4) The inadequacy of existing regulatory
mechanisms; or
(5) Other natural or
manmade factors affecting its continued existence within the State.
Notes
Regulation .02A and B amended effective September 3, 1990 (17:17 Md. R. 2077)
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