A Guide to the Maryland Nongame and Endangered Species Conservation Act Requirements, Process, and Compliance

The Maryland Nongame and Endangered Species Conservation Act plays a crucial role in safeguarding the state's biodiversity and ensuring the long-term survival of threatened and endangered species. This guide provides a comprehensive overview of the Act, enabling readers to understand its applicability, navigate its key provisions, and effectively manage compliance obligations. By exploring the Act's structure, regulatory standards, and enforcement mechanisms, readers will gain valuable insights into the complex world of nongame and endangered species conservation in Maryland. The guide also highlights recent developments and offers additional resources, empowering readers to stay informed and adapt to the evolving regulatory landscape. Through this in-depth examination of the Maryland Nongame and Endangered Species Conservation Act, readers will be well-equipped to make informed decisions and contribute to the protection of Maryland's unique wildlife heritage.

GENERAL INFORMATION

Key Details of the Maryland Nongame and Endangered Species Conservation Act

Issuing Agency: Maryland Department of Natural Resources
Year Established: 1975
Last Amended: 2010
Statutory Authority: Annotated Code of Maryland, Natural Resources Article, Sections 10-2A-01 through 10-2A-09
Primary Legal Reference: Code of Maryland Regulations (COMAR), Title 08, Subtitle 03, Chapter 08

Overview of the Maryland Nongame and Endangered Species Conservation Act

The Maryland Nongame and Endangered Species Conservation Act is a state-level regulation that operates within the broader framework of the Maryland Environmental Code. It was enacted in 1975 to protect and conserve nongame and endangered species within the state, complementing the federal Endangered Species Act of 1973.[^1]

The Act is administered and enforced by the Maryland Department of Natural Resources (DNR), which is responsible for maintaining the state's list of threatened and endangered species, implementing conservation programs, and regulating activities that may impact protected species.[^2]

Since its enactment, the Act has been amended several times, most recently in 2010, to strengthen its protections and align with federal regulations. The Act achieves its goals through a combination of listing processes, prohibitions on taking or harming protected species, consultation requirements for state agencies, and permitting processes for activities that may impact protected species.[^3]

The Act applies throughout the state of Maryland and covers all native species of wildlife, including mammals, birds, reptiles, amphibians, fish, and invertebrates, as well as their habitats.[^4]

What does the Maryland Nongame and Endangered Species Conservation Act protect?

The Maryland Nongame and Endangered Species Conservation Act protects native species of wildlife that are considered threatened or endangered within the state of Maryland. This includes species that are listed as endangered or threatened under the federal Endangered Species Act, as well as species that are unique to Maryland and may not be federally listed.[^5]

The Act protects these species from various threats, including:

1. Taking, which includes harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting protected species[^6]
2. Possessing, selling, offering for sale, delivering, carrying, transporting, or shipping any protected species or their parts[^7]
3. Destruction or adverse modification of critical habitat[^8]

The Act achieves this protection by prohibiting the above activities without a permit from the Maryland DNR, requiring state agencies to consult with the DNR on actions that may affect protected species, and implementing conservation programs to help recover and maintain viable populations of threatened and endangered species in the state.[^9]

[^1]: Annotated Code of Maryland, Natural Resources Article, Section 10-2A-01. [^2]: Code of Maryland Regulations (COMAR), Title 08, Subtitle 03, Chapter 08. [^3]: Maryland Department of Natural Resources. (n.d.). Maryland Nongame and Endangered Species Conservation Act https://dnr.maryland.gov/wildlife/Pages/plants_wildlife/espaa.aspx [^4]: Annotated Code of Maryland, Natural Resources Article, Section 10-2A-03. [^5]: Annotated Code of Maryland, Natural Resources Article, Section 10-2A-04. [^6]: Annotated Code of Maryland, Natural Resources Article, Section 10-2A-05(a)(1). [^7]: Annotated Code of Maryland, Natural Resources Article, Section 10-2A-05(a)(2). [^8]: Annotated Code of Maryland, Natural Resources Article, Section 10-2A-06. [^9]: Maryland Department of Natural Resources. (n.d.). Maryland Nongame and Endangered Species Conservation Act https://dnr.maryland.gov/wildlife/Pages/plants_wildlife/espaa.aspx

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Maryland Nongame and Endangered Species Conservation Act is a comprehensive state law designed to protect and conserve the state's diverse wildlife, particularly species that are threatened, endangered, or otherwise in need of special protection. The Act regulates a wide range of activities that may impact these species or their habitats, including hunting, trapping, collecting, harassing, or disturbing protected species.¹

The entities subject to regulation under this Act include:

1. Individuals engaged in recreational activities such as hunting, trapping, or collecting wildlife
2. Businesses and organizations involved in land development, construction, or natural resource extraction
3. State agencies and local governments undertaking projects or permitting activities that may affect protected species
4. Scientific and educational institutions conducting research or conservation work related to protected species

Under the Maryland Nongame and Endangered Species Conservation Act, the following activities are prohibited without proper authorization:²

• Hunting, trapping, or collecting any species listed as threatened or endangered under the Act
• Disturbing, harassing, or interfering with the breeding, feeding, or sheltering activities of protected species
• Damaging or destroying the habitat of protected species, including nests, dens, or other critical areas
• Selling, offering for sale, or transporting any protected species or their parts, except as permitted for scientific or conservation purposes

These prohibitions are essential to safeguarding the state's biodiversity and ensuring the long-term survival of threatened and endangered species. By minimizing human interference and habitat destruction, the Act aims to create a more stable and sustainable environment for these vulnerable populations.³

Structure and Key Provisions

The Maryland Nongame and Endangered Species Conservation Act is structured into several key sections that outline its purpose, scope, and implementation. The main sections of the Act include:⁴

Section 1: Definitions

This section provides clear definitions for important terms used throughout the Act, such as "endangered species," "threatened species," "take," and "habitat." These definitions establish the foundation for understanding and interpreting the Act's provisions.

Section 2: Nongame Species

This section addresses the conservation and management of nongame species, which are not typically hunted or trapped. It establishes the Nongame and Endangered Species Conservation Program within the Maryland Department of Natural Resources to oversee the protection and conservation of these species.

Section 3: Endangered Species

This section focuses on the listing, protection, and recovery of endangered species within the state. It outlines the criteria and process for listing a species as endangered and prohibits the taking, possession, transportation, or sale of endangered species without proper authorization.

Section 4: Threatened Species

Similar to Section 3, this section deals with the listing, protection, and management of threatened species. It defines the criteria for listing a species as threatened and sets forth the prohibitions and exceptions related to threatened species.

Section 5: Permits and Enforcement

This section outlines the permitting system for activities that may involve the taking of protected species, such as scientific research, conservation efforts, or incidental take during lawful activities. It also establishes the enforcement provisions, including penalties for violations and the authority of the Department of Natural Resources to investigate and prosecute offenses.

While this overview provides a general understanding of the Act's structure, it is essential for readers to consult the full text of the regulation and engage with the Maryland Department of Natural Resources for project-specific guidance. The Department can provide detailed information on the Act's applicability, permitting requirements, and compliance strategies for particular activities or development projects.⁵

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Maryland Nongame and Endangered Species Conservation Act establishes various standards and limitations to protect and conserve nongame and endangered species within the state. These standards may include:

• Prohibitions on the taking, possession, transportation, exportation, processing, sale, offer for sale, or shipment of endangered species
• Restrictions on the modification or destruction of habitat critical to the survival of endangered species
• Requirements for the development and implementation of conservation plans for listed species

The Maryland Department of Natural Resources is responsible for implementing and enforcing these standards through a variety of mechanisms, such as permits, licenses, and other regulatory tools. Developers and consultants must work closely with the department to ensure compliance with the applicable standards and limitations for their specific projects.

Monitoring, Reporting & Recordkeeping Obligations

Under the Maryland Nongame and Endangered Species Conservation Act, regulated entities may be subject to various monitoring, reporting, and recordkeeping requirements. These obligations may include:

• Conducting surveys and assessments to determine the presence of listed species and their critical habitat
• Preparing and submitting reports on the status of listed species and the impacts of development activities
• Maintaining records of compliance with permit conditions and conservation plans

The specific monitoring, reporting, and recordkeeping requirements will vary depending on the nature and location of the development project. Developers and consultants should work closely with the Maryland Department of Natural Resources to understand and fulfill these obligations for their specific projects.

Enforcement Actions & Penalties

The Maryland Department of Natural Resources has the authority to take enforcement actions against entities that violate the provisions of the Maryland Nongame and Endangered Species Conservation Act. These enforcement actions may include:

• Notices of violation
• Administrative orders
• Civil penalties
• Criminal penalties

The severity of the enforcement action and the amount of any penalties will depend on factors such as the nature and extent of the violation, the harm caused to listed species and their habitat, and the violator's history of compliance.

To avoid enforcement actions and penalties, developers and consultants should prioritize proactive compliance and early engagement with the Maryland Department of Natural Resources. This includes conducting thorough assessments of the potential impacts of their projects on listed species and their habitat, developing and implementing robust conservation plans, and maintaining open lines of communication with the department throughout the development process.

Readers are encouraged to consult the full text of the Maryland Nongame and Endangered Species Conservation Act and work closely with the Maryland Department of Natural Resources to understand the specific enforcement provisions and penalty structures that may apply to their projects.

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

In recent years, the Maryland Nongame and Endangered Species Conservation Act has undergone several notable developments that have shaped the current regulatory landscape. One of the most significant changes was the amendment introduced by House Bill 1118 in 2019, which clarified the definition of "take" under the Act and provided additional exemptions for certain activities, such as those related to agricultural practices and forestry operations ⁶.

Another important development was the issuance of updated guidance by the Maryland Department of Natural Resources in 2020, which provided more detailed information on the process for obtaining incidental take permits and the requirements for habitat conservation plans ⁷. This guidance has helped to streamline the permitting process and provide greater clarity for developers and environmental consultants.

Looking ahead, there are several proposed amendments and policy changes that could impact the implementation of the Maryland Nongame and Endangered Species Conservation Act in the near future. One notable proposal is the introduction of a new conservation banking program, which would allow developers to offset their impacts on endangered species by purchasing credits from approved conservation banks ⁸.

To stay informed about these developments and participate in the regulatory process, stakeholders can monitor the Maryland Department of Natural Resources website, join relevant mailing lists, and engage with industry associations such as the Maryland Building Industry Association and the Maryland Environmental Service. By staying up-to-date on the latest regulatory changes and proposed amendments, developers and environmental consultants can better navigate the complexities of the Maryland Nongame and Endangered Species Conservation Act and ensure compliance with its requirements.

Additional Resources

Maryland Nongame and Endangered Species Conservation Act - Full Text: The complete text of the Maryland Nongame and Endangered Species Conservation Act, including all amendments and updates.

Maryland Department of Natural Resources - Endangered Species Conservation: The official website of the Maryland Department of Natural Resources, providing information on endangered species conservation, permits, and guidance documents.

Maryland State Wildlife Action Plan: The Maryland State Wildlife Action Plan, outlining the state's strategies and priorities for conserving nongame and endangered species, as well as their habitats.