§ 10-2A-05.1. Incidental taking permit for endangered Puritan Tiger Beetle; regulations

   (a) In general. -- The Secretary shall issue a permit to an applicant that authorizes an incidental taking of the endangered Puritan Tiger Beetle if:

   (1) The applicant submits a conservation plan to the Department that specifies:

      (i) The impact that will likely result from the incidental taking;

      (ii) The steps that the applicant will take to minimize and mitigate the impact, and the funding that will be available to implement the steps;

      (iii) The alternative actions to the incidental taking that the applicant considered and the reasons that the alternatives were not used; and

      (iv) Any other measures that the Secretary requires as being reasonably necessary or appropriate for the purposes of the plan; and

   (2) The Secretary finds that:

      (i) The incidental taking will not appreciably reduce the likelihood of the survival or recovery of the Puritan Tiger Beetle in the wild;

      (ii) The applicant will, to the extent practicable, minimize and mitigate the impacts of the incidental taking;

      (iii) Adequate funding for the conservation plan is available and the plan will be implemented; and

      (iv) The applicant has obtained the required federal authorization for the incidental taking of the Puritan Tiger Beetle.

(b) Regulations. -- The Secretary shall adopt regulations to implement and enforce this section.

HISTORY: 2005, ch. 406; 2010, chs. 116, 117.