§ 10-2A-01. Definitions

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

(b) Conserve. --

   (1) "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.

   (2) "Conserve" includes 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.

   (3) With respect to endangered and threatened species, "conserve" means to use all methods and procedures including those described in this subsection 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 both necessary for the maintenance of life.

(d) Endangered species. --

   (1) "Endangered species" means any species whose continued existence as a viable component of the State's wildlife or plants is determined to be in jeopardy.

   (2) "Endangered species" includes any species of wildlife or plant 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) Incidental taking. -- "Incidental taking" means the taking of listed species that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity.

(g) Nongame species. -- "Nongame species" means any wildlife species not legally classified as game birds or mammals, threatened species, or an endangered species by statute or regulation of the State.

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

(i) Plant. --

   (1) "Plant" means any member of the plant kingdom.

   (2) "Plant" includes seeds, roots, and other parts of the plant.

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

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

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

HISTORY: 1975, ch. 127, § 2; 1990, ch. 6, § 2; 1991, ch. 55, § 1; 2005, ch. 406.