{"data":{"id":"us-md/md.-code-natural-resources-10-2a-05.2","jurisdiction":"us-md","citation":"Md. Code, Natural Resources § 10–2A–05.2","heading":"","body":"(a) The Secretary may issue a permit to an applicant that authorizes an incidental taking of the endangered Delmarva fox squirrel if:\n(1) The applicant submits a conservation plan to the Department that specifies:\n(i) The impact that will likely result from the incidental taking;\n(ii) The steps that the applicant will take to minimize and mitigate the impact;\n(iii) The funding that will be available to implement the steps;\n(iv) The alternative actions to the incidental taking that the applicant considered and the reasons that the alternatives were not used; and\n(v) Any other measures that the Secretary requires as being necessary or appropriate for the purposes of the plan; and\n(2) The Secretary finds that:\n(i) The incidental taking will not appreciably reduce the likelihood of the survival or recovery of the Delmarva fox squirrel in the wild;\n(ii) The applicant will, to the extent practicable, minimize and mitigate the impacts of the incidental taking;\n(iii) Adequate funding for the conservation plan is available and the plan will be implemented; and\n(iv) The applicant has obtained the required federal authorization for the incidental taking of the Delmarva fox squirrel.\n(b) The Secretary may adopt regulations to implement and enforce this section.","path":["Article - Natural Resources"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gnr\u0026section=10-2A-05.2","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T20:00:08Z","sha256":"bafe3daf7e674a9e2be262f74d64d68d81ccc9ab78d46a3b3b30df968c346898","source_id":"us-md","stale":false,"prev":"us-md/md.-code-natural-resources-10-2a-05.1","next":"us-md/md.-code-natural-resources-10-2a-05.3"},"notice":"GroundRules: Original legal text. Not legal advice."}