§ 10-2A-05.2
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§10–2A–05.2.
(a)The Secretary may issue a permit to an applicant that authorizes an incidental taking of the endangered Delmarva fox squirrel 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;
(iii)The funding that will be available to implement the steps;
(iv)The alternative actions to the incidental taking that the applicant considered and the reasons that the alternatives were not used; and
(v)Any other measures that the Secretary requires as being 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 Delmarva fox squirrel 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 Delmarva fox squirrel.
(b)The Secretary may adopt regulations to implement and enforce this section.