Management plans for significant plant and wildlife habitat areas in Caroline County final report

[From the U.S. Government Printing Office, www.gpo.gov]

MANAGEMENT PLANS
FOR SIGNIFICANT
PLANT AND WILDLIFE
MARYLAND HABITAT AREAS
'i -
I am's ATURAL- OF MARYLAND'S
HERITAGE EASTERN SHORE.:
PROGRAM
CAROLINE COUNTY

Prepared by
J. Christopher Ludwig
Katharine McCarthy
Abigail Rome
R. Wayne Tyndall

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MANAGEMENT PROGRAMS FOR

SIGNIFICANT PLANT AND WILDLIFE HABITAT AREAS
IN CAROLINE COUNT@/

FINAL REPORT

SUBMITTED TO:

Coastal Resources Division
Tidewater Administration
=x-

SUBMITTED BY:

J. Christopher Ludwig
Katharine McCarthy
Abigail Rome
R. Wayne Tyndall

Maryland Natural Heritage Program
Forest, Park and Wildlife Service
Department of Natural Resources

Funding Source: 30.01.12.003.029

NOVEMBER 30, 1987

Preparation of this report was partially
funded by the office of ocean and Coastal
Resources Management National Oceanic
and Atmospheric Administration

MANAGEMENT PROGRAMS FOR SIGNIFICANT
PLANT AND WILDLIFE HABITAT AREAS
IN CAROLINE COUNTY

CONTENTS

INTRODUCTION ........................ e..o ................... 1

SECTION 1: Procedures of site selection, methods of protection
implementation, and the long-term framework established by
this project

Introduction ....... ............. ........ 3
Site identification ........... o....................... 3
Field inventory ....................................... 5
Selecting sites for protection ........................ 5
Site protection implementation methods ......... o ...... 6
Long-term framework ................................... 9

SECTION 2: Protection Area summaries

Introduction .................... o ..................... 10
County map .......................................... 14
Protection Area Summaries
Greer's Pond ..................................... 16
Robinson's Pond ....... o ....o........... o ......... is
Schuyler Pond .................................... 21
South Melville Crossroads Pond ................... 24

REFERENCES .......................... o...................... 27

APPENDIX A: Regulations under COMAR .08.03.08 Threatened
and Endangered Species

INTRODUCTION

In 1986 this project was initiated by the Coastal Resources
Division of the Department of Natural Resources' Tidewater
Administration. The task was designed to develop the information
base and to determine the-management mechanisms needed to
implement an alternative approach to the State Critical Area
Program for addressing the Geographic Areas of Particular Concern
(GAPC) and Areas for Preservation and Restoration (APR)
requirements of the Federal Coastal Zone Management Act. Under
the GAPC requirements, coastal states are to inventory and
develop management measures to protect the integrity of "areas of
unique, scarce, fragile or vulnerable natural habitat" and "areas
of high natural productivity or essential habitat for living
resources, including fish, wildlife, and endangered species and
the various trophic levels in the food web critical to their
well-being." Under the APR requirement, coastal states are to
include in their Coastal Zone Management Programs "provisions for
procedures whereby specific areas may be designated for the
purpose of preserving or restoring them for their conservation,
recreational, ecological or aesthetic values."

To accomplish this task, a contract was awarded to the
Maryland Natural Heritage Program, a division of the Forest, Park
and Wildlife Service. The mission of the Natural Heritage
Program is to identify and help preserve the biological and
ecological diversity of Maryland. Since 1979, this program has
been devoted to the collection of information about the State's
rare, threatened, and endangered species and habitats. The
program's extensive data base provided the basis for the
identification of outstanding habitat examples on Maryland's
Eastern Shore.

By January 1987, the Coastal Resources Division and the
Maryland Natural Heritage Program established specific objectives
to accomplish the project on Maryland's Eastern Shore, from Kent
County south. These objectives were:

1. identify criteria for the selection of significant
plant and wildlife habitat areas, and conduct a field
inventory of selected areas;

2. undertake field inventory of areas identified in
existing studies and data files of the Maryland Natural
Heritage Program that are likely to be of habitat
significance, in order to identify species and habitats
associated with each site;

3. determine threats to each area and determine management
mechanisms for protecting the integrity of such areas;
4. determine appropriate boundaries for each si@e
including needed buffer areas; and

5. collect other locational information pertinent to the
application of management mechanisms for a particular
site.

These objectives combine to produce a protection package in which
significant habitats (referred to as areas or sites) are assigned
management mechanisms within a designated boundary. In
accordance with the Natural Heritage Program's methodology, this
area is then labeled a protection area.

Section 1 of this report provides a detailed description of
the project methodology, scope of work, and the long-term
framework established through the project. section 2 provides
Protection Area Summaries for significant habitat areas which
have been identified. The Protection Area Summary contains
information needed for site protection. A selection of
applicable references follows Section 2. Appendix A contains a
copy of the Department of Natural Resource's Regulations [COMAR
.08.03.08] concerning the State's Threatened and Endangered
Species.

SECTION 1

Procedures of Site Selection, methods of Protection
Implementation, and the Long-term Framework Established
by this Project

INTRODUCTION:

This section provides all technical information on the
project procedures from the planning stages, when habitat areas
were selected for field checking, through the site visit, to the
selection of the site for protection. Following this
information, the report presents methods of implementing
protection for selected sites. Finally, the long-term framework
established by this project is discussed.

SITE IDENTIFICATION:

significant plant and wildlife habitats were identified from
the following categories of sites employing the methods described
for each type.

1. Sites potentially inhabited by State Endangered or
Threatened Species.

Methods: Data concerning the habitat, phenology
and taxonomy of each listed species were gathered
from regional floristic surveys and scientific
literature. Sites were located by using the
habitat data in conjunction with National Wetland
Inventory maps, aerial infrared photographs, and
county soil surveys. These sites were surveyed
when the species could be identified accurately
according to the taxonomic and phenological data.

2. Sites with historical occurrences (reported prior
to 1980) of species determined to be rare by the
Natural Heritage Program and found in their
publication, Threatened and Endangered Plants and
Animals of Maryland (Norden et al., 1984).

Methods: For each species, data were gathered
concerning habitat, phenology and taxonomy. Many
of the historical records provided only general
locations for rare species. For these records,
more specific locations for survey were selected

based upon habitat data supplemented by National
Wetland Inventory maps, aerial infrared
photographs, and county soil surveys. The field
staff surveyed sites when the species could be
accurately identified according to phenological
and taxonomic information.

3. Non-tidal wetlands.

Methods: National Wetland Inventory maps and
aerial infrared photographs were used to locate
non-tidal wetlands. Particular attention was
given to wetlands in State Parks, Forests and
Wildlife Management Areas. Based upon the
findings of "The Functional Assessment of Non-
tidal Wetlands," a report completed for the
Coastal Resources Division by the Maryland Natural
Heritage Program (Bartgis 1986), these wetlands
were assigned priorities for survey. High and
intermediate priority wetlands listed below were
candidates for intensive survey.

a. Non-tidal Wetland Complex, i.e., two or more
contiguous wetland communities with one of
the following traits:

i. For complexes under 10 acres, presence
of at least 2 wetland communities;

ii. For 10- to 100-acre complexes, presence
of at least 4 wetland communities; or

iii. For complexes greater than 100 acres,
presence of at least 6 communities.

b. Seasonal Ponds: wetlands occurring mainly on
Pocomoke soils in centripetally-drained,
seasonally flooded basins dominated by
Walter's Sedge (Carex walteriana) or Twigrush
(Cladium mariscoides).

C. Bogs: highly acidic wetlands characterized
by highly organic soils and/or Sphagnum.

d. Palustrine Forested Deciduous Wetlands (PF01)
with at least one of the following
characteristics:

i. Seeps

ii. Vernal pools

iii. Well-developed stratification

es Palustrine Forested Evergreen Wetlands (PF04)
dominated by Bald Cypress (Taxodium
distichum), or Atlantic White Cedar
(Chamaecyparis thvoides).

FIELD INVENTORY:

Observations and data were collected in the field concerning
the general character of each site, the degree of unnatural
disturbance and, if present, the condition of the rare species
populations. Prior to surveying sites on private land,
permission was obtained from landowners.

First, the natural features of each site were described,
noting the dominant vegetation, aquatic features, physical relief
and natural disturbances (such as insect defoliation or trees
felled by high winds). A list of the common plant species was
developed and unique communities were identified and mapped.

When the rare species were found, the size and extent of
their populations were estimated. Staff members also estimated
the proportion of the population that was flowering and fruiting,
and marked the population on the general map of the site. The
microhabitats of the rare species were described. If a
population was large, voucher specimens of the rare species were
collected and deposited with the Natural Heritage Program. Small
populations of rare species were photographed for verification.
If rare species were absent from historical locations, the
habitat was assessed to determine if it could still support the
species or if the habitat had been altered such that the species
could no longer survive.

Finally, the habitat integrity of each site was assessed.
Staff members recorded unnatural disturbances and their current
and potential future effects on the habitat. For example, the
presence of ditches in non-tidal wetlands was reported, and the
effects of the ditches on wetland hydrology and vegetation were
.reviewed. Threats to the integrity of the habitat were
discussed. Current and potential future uses of surrounding land
were considered. In light of these threats, staff members
recommended management activities intended to maintain the
habitat and sustain the populations of rare species.

STRATEGY FOR SELECTING SIGNIFICANT SITES:

The selection of ecologically significant sites for
protection was based on a number of criteria which were assessed
during the field inventory. These criteria are as follows:

1. Site contains species which are
considered by the Maryland Natural
Heritage Program as Rare, Threatened or
Endangered in Maryland (see Norden, et
al, 1984). Many of these species are
listed in the revised Department of
Natural Resource's Regulations under
COMAR .08.03.08.

2. Site contains one or more rare or ecologically
unique natural communities.

3. Overall ecologic integrity of the site is high.
Unnatural disturbances must be minimal or must be
such that their effects simulate natural forces of
disturbance. The presence of recent disturbances
which will change the current character of the
site by diminishing its natural ecologic balance
may be reason to exclude a site from selection.

4. Human-induced threats which could lead to the loss
of the rare species or habitat(s) must be minimal.

5. Regulation and monitoring must be feasible so that
actions (both on-site and nearby) can be limited
to those that do not negatively impact the rare
species and natural habitat(s). Required buffer
zones must be available to ensure site protection.

6. Anticipated future land-use must not conflict with
protection of the habitat.

7. Ecologic, scenic, or historic values other than
those related to rare species and habitat
protection may be present.

SITE PROTECTION IMPLEMENTATION METHODS:

This section will be used in 1988 for the implementation of
site protection. Protection may be implemented in a variety of
ways depending upon ecological significance of the site, type of
ownership (public vs. private), seriousness of threats, degree of
management required, and landowner preference. The various
options available confer varying degrees of protection security
and of landowner control. They range from designations which
afford no legal protection to acquisition by a conservation
organization. The following list describes the available options
and the degree of protection which they provide. Because the
significance and consequences of*each mechanism varies, some
sites may receive simultaneous protection from more than one
type.

Natural area protection may be accomplished by a number of
types of organizations. Federal, State, and local governments
(at the County as well as the municipal levels) have specific
tools and mechanisms by which they may set aside or regulate land
for conservation purposes. In addition, there are private
organizations which can either protect lands on their own or
facilitate the efforts of the public sector. Many of the
protection mechanisms listed below may be implemented by any of
the aforementioned conservation organizations, while others may
only be available to certain agencies or organizations.

The following methods afford protection to rare species
habitat by outlining and assigning management responsibilities to
a particular party:

1. Voluntary management agreement - landowner
informally agrees to protect the rare species and
habitat by not disturbing the site.

2. Registration - landowner signs a written,
nonbinding agreement with the State's Department
of Natural Resources, a county government, The
Nature Conservancy, or another private
conservation organization, officially recognizing
the ecological significance of the site.
Management needs are outlined, and the landowner
agrees to perform specified tasks to promote rare
.species and habitat.

3. Legally binding protection agreement - landowner
enters a legally binding management agreement or
leases the land to a conservation organization for
management purposes. Conservation easements
granted by the Maryland Environmental Trust, local
government, and other private trusts (including
The Nature Conservancy) impose certain land-use
restrictions while conferring tax benefits to the
landowner.

4. Zoning - the site may be zoned or rezoned as a
conservation area in which land-use is restricted.
Development may be highly regulated or prohibited.
Such protection is usually accomplished on a
county level through local ordinances.

5. Bequest or Right of First Refusal - landowner
agrees to will land or give right of first refusal
for acquisition to a State, county, or private
conservation organization at some undetermined
time in the future.

6. Acquisition - landowner conveys property to a
conservation organization. The transfer may be a
donation, a bargain sale (i.e, below market value)
or a fee simple (i.e, full market value)
transaction. The first two types of transaction
confer tax benefits to the landowner. All rights
to the land belong to the buyer, and management is
directed toward the protection of rare species and
habitat(s). In some cases, acquisition may occur
with the retention of a life estate for the owner.
This allows the landowner to continue to live on
and have restricted use of his property until his
death, at which time the buyer obtains full
control.

The following methods are designations which afford no
current protection but which serve to acknowledge the ecological
significance of a site and which may be used to stimulate further
protection efforts:

1. National Registry of Natural Landmarks - land
which is determined to be a nationally significant
example of the Nation's natural heritage may be
designated a National Natural Landmark by the
Secretary of the Interior.

2. Sensitive Management Areas - land within the
State Park System which is considered in need of
special protection because of its unique and
fragile physiography, flora and fauna may be
designated a "Sensitive Management Area" and is
reserved for only those activities compatible with
preservation.

3. Maryland Wildlands Preservation System - land
which has retained its wilderness character or
which has rare species or similar features of
interest worthy of preservation for use of present
and future residents of the State may be termed
"wildland.11

4. Natural Heritage Area - land which meets all three
of the criteria listed in the revised Regulations
under COMAR .08.03.03 Threatened and Endangere
Species may be designated a Natural Heritage Area
subject to the approval of the Secretary of
Natural Resources.

Information provided in the Protection Area Summaries of
this report is used to assess the degree of protection needed.

LONG-TERM FRAMEWORK:

This project provides a foundation for tasks to begin in
1988. These tasks, described below, involve the further
identification and protection of significant habitats within the
coastal zone.

Next year, the methodology developed in this project will be
utilized to continue the identification of significant plant and
wildlife habitats in coastal counties west of the Chesapeake Bay.
Protection Area Summaries identical in format to those used in
1987 will be completed for significant sites. Three counties,
Baltimore, Harford, and Prince Georges have hired personnel (with
the assistance of the Coastal Resources Division) to help
complete this task in their counties.

Additionally, 1988 will mark the beginning of site
protection implementation. Those areas identified in 1987 are
now candidates for protection, and efforts will begin to insure
that each site is protected. The effort required to afford
protection to each site is great, and this task should continue
into the 19901s. Significant areas identified in 1988 will also
become candidates. It is important to note that many additional
sites will be identified on Maryland's Eastern Shore, and these
areas can and will be protected within the framework of this
project.

SECTION 2

Protection Area Summaries

INTRODUCTION:

The remainder of this report contains site-specific
protection information for all selected areas. Each of these
areas is reviewed in a Protection Area Summary (PAS) that
describes the protection area, its values, and its protection
needs. The PAS is composed of several parts, each of which will
be discussed below. Format and content are best understood with
the insight provided in this section.

Protection Area Name - An identifying name has been assigned to
each protection area. This is usually based on the site's
location and/or habitat type.

County - The county in which the protection area is located is
given.

USGS Ouad(s) - Identifies the United States Geological Survey
topographic map(s) on which the protection area occurs.

SUMMARY OF ECOLOGICAL SIGNIFICANCE - the major reasons for
protecting the site are summarized. This section, along with the
following element summary table, describes the key ecologic
significance of the protection area.

Both the rare species and habitat are considered
significant. For some of the protection areas the habitat is
described in this section. In others, rare plants or animals may
be listed and their status with the State is given. In some
cases, only the most endangered species are mentioned here,
leaving the others to be mentioned in the element summary table.

ELEMENT SUMMARY TABLE - Each of the rare species currently known
to occur at the site is listed. The scientific name is given
along with the common name. In some cases, no common name was
assigned to the species; therefore, only the scientific name is
used.

The Maryland Natural Heritage Program has assigned all the
rare species a rank based on their status nationally, within the
region, or within the State. In addition, many of these species
have been listed in the revised Department of Natural Resource's
Regulations .01 - .11 under COMAR .08.03.08 Threatened and

Endangered Species. The Status column of the Element Summary
Table gives the listing category for these species as designated
in the Regulations. Three possible categories were designated:

Endangered - any species whose continued existence as a
viable component of the State's flora or fauna is
determined to be in jeopardy including any species
determined to be an "Endangered Species" pursuant to
the U.S. Endangered Species Act of 1973, 16 U.S.C.
1531-1543.

Threatened - any species of flora or fauna that appears
likely, within the foreseeable future, to become
endangered including any species determined to be a
"Threatened Species" pursuant to the U.S.
Endangered Species Act of 1973, 16 U.S.C. 1531-1543.

In Need of Conservation - any wildlife species determined by
the Secretary of Natural Resources to be in need of
conservation measures for its continued ability to
sustain itself successfully.

For those species that were not listed in COMAR .08.03.08, the
Natural Heritage Program rank is given. The following terms are
used:

Regionally Rare - in danger of extinction in Maryland and
rare throughout all or most areas of surrounding
states.

Highly State Rare - in immediate danger of extinction in
Maryland.

State Rare in danger of extinction in Maryland.

Watchlist believed secure in Maryland but populations are
uncommon, local or seriously declining.

Note that species listed in the Regulations are not necessarily
rarer than those species that are not listed but are ranked by
the Natural Heritage Program. These unlisted species, many of
which are quite rare, are currently under consideration for
listing in the Department's Threatened and Endangered Species
Regulations.

OTHER SIGNIFICANCE AND VALUES - This section describes other
important aspects of the protection area. often the habitat is
the focus because the habitat in which most rare species are
found is also rare.

The value,of the protection area to wildlife and for
ecosystem maintenance may also be discussed. In setting aside

rare species habitat (which includes additional buffer land), a
safe haven is provided for wildlife and for the perpetuation of
naturally functioning ecosystem processes.

Many of the proposed protection areas are adjacent to or
part of designated management areas. They may overlap with or
abut upon State Forests or Parks, State Scenic Rivers, Natural
Heritage Areas or Nature Conservancy protection areas. By
increasing the size and/or protection of these areas, their
ecologic and scenic values may be enhanced.

THREATS AND MANAGEMENT NEEDS - Both potential and current threats
to the rare species or to the natural habitat are described.
These are generally related to human-induced habitat alterations,
such as forest cutting, hydrologic alteration, vehicular traffic,
or powerline maintenance practices. In some cases, however,
there are natural threats such as insect infestation or natural
succession.

specific management recommendations are then given.
Voluntary management agreements are often suggested. In some
cases, monitoring of rare species populations is recommended.
Such studies are needed in order to learn more about the
demographics and ecological requirements of the rare plants and
to provide warnings of serious population declines.

BOUNDARY RECOMMENDATIONS - The proposed protection area is
delineated by a line termed the protection area boundary. The
habitats to be included within this boundary are described and
the reasons for their inclusion are given. Within this boundary
the threats listed in the previous section should be avoided to
protect the significant habitat and rare species.

Within the protection area boundary, a buffer has been
placed around the core rare species habitat. This zone consists
of adjacent land needed to protect the critical habitat from the
impacts of land use in surrounding areas. When the critical
habitat.is a wetland, lands which drain into it may be included
as buffer. Surrounding forest may be designated for many
reasons. These include maintaining canopy cover to prevent the
invasion of weedy or exotic species, stabilizing soils to prevent
sedimentation of waterways, filtering out chemicals or excess
nutrients, and maintaining hydrology.

The delineation of buffers varies depending on the habitat,
surrounding land use, protection of the species and its habitat.,
local hydrology, and possible future threats. Reasonable and
effective buffers were determined after careful consideration of
these factors.

Maps and additional information concerning boundary
locations are available from the Natural Heritage Program.

SITE DESCRIPTION SUMMARY - Finally, a general description of the
protection area is given. Each of the natural communities is
discussed and its relationship to surrounding communities is
described. In addition, the hydrologic regime of the community
and the range of seasonal variability of water table depth are
provided. Dominant trees, shrubs, and herbaceous plants are
listed.

Note: Common names for species are used throughout the
Protection Area Design Summary except when no common name is
available. When a specific species is named, the common name is
capitalized.

uARuLINE COUNTY

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STATE
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480 11 Boo nsboro
312 43 6
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Hillsb' 404 5 1
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2

2
Choptank

SCALE Reliance

0 6 12 MILES

0 10 20 KILOMETERS

Locations of Protection Areas of significant habitat
(See page 15 for Protection Area names corresponding
to numbers given above.)

CAROLINE COUNTY: Protection Area Locations

site # on
Protection Area County Map

Greer's Pond ........................................ 1

Robinson's Pond ..................................... 3

Schuyler Pond ....................................... 4

South Melville Crossroads Pond ...................... 2

PROTECTION AREA SUMMARY

Protection Area Name: Greer's Pond

County: Caroline USGS Quad: Goldsboro

SUMMARY OF ECOLOGICAL SIGNIFICANCE:

A complex of shrub swamps and seasonal ponds occurs within
this swamp forest. Seasonal ponds dominated by herbaceous
species are uncommon on Maryland's Eastern Shore; many similar
ponds have been destroyed by agricultural ditching and drainage.
The water level of seasonal ponds varies with groundwater
fluctuations. Normally the water is deepest in early spring,
then recedes, and the pond dries during the summer. This water
flux maintains the abundance of herbaceous species in the ponds.

Among these herbs is the Highly State Rare Species,
Reticulated Nutrush (Scleria reticularis). Although this species
is known from 13 extant sites in Maryland, only four of these
sites are protected. In addition, two Watch List Species,
Twigrush (Cladium mariscoides) and Maidencane (Panicum hemitomon)
inhabit this site.

ELEMENT SUMMARY TABLE:

Element Name Common Name Status

Scleria reticularis Reticulated Nutrush Highly State
Rare

Cladium mariscoides Twigrush Watch List

Panicum hemitomon Maidencane Watch List

OTHER VALUES AND SIGNIFICANCE:

Other rare species may inhabit these ponds; for example, the
ponds provide ideal habitat for a State Endangered Species, the
Eastern Tiger Salamander (Ambystoma tigrinum), and a species In
Need of Conservation, the Carpenter Frog (Rana virgatipes).
However, these species are not apparent in the early fall, when
this site was surveyed. Because the flora and fauna vary
seasonally and annually with water levels, several visits are
required to develop a complete species list for this site.

Seasonal ponds offer breeding, nesting and feeding grounds
to migratory waterfowl and songbirds. The ponds also provide
feeding grounds for resident waterbirds. In addition, deer
frequent the ponds to feed and rest.

THREATS AND MANAGEMENT NEEDS:

Threats

Alteration of groundwater hydrology represents the greatest
threat to the populations of rare species. These species are
maintained by the current frequency and amplitude of flooding.
Changes in this groundwater regime would promote the
establishment of other species and eliminate the rare species.

The encroachment of woody species threatens the rare species
and other herbs inhabiting the center of the ponds. These herbs
require an open canopy and would be gradually eliminated by
invading shrubs and trees.

Management Needs

The population size and reproductive success of the rare
species should be monitored regularly. Selective removal of
woody species and dominant sedges may be required to maintain the
populations of rare species. Plans for ditching, drainage or any
development of land surrounding the protection area should be
reviewed for potential effects on the ponds' hydrology.

BOUNDARY RECOMMENDATIONS:

The protection area boundary incorporates the rare species'
habitat, surrounding wetlands, and a forested buffer required to
maintain the integrity of the rare species habitat.

SITE DESCRIPTION SUMMARY:

In this 25 acre freshwater wetland complex, a swamp forest
of Red Maple, Sweet Gum and Willow Oak intertwines-with shrub
swamps of Sweet Pepperbush and fetterbush and seasonal ponds of
grasses and sedges. The rare species occur in the pond that is
least shaded by trees and shrubs. Reticulated Nutrush and.
Twigrush occur in patches amidst the dominant Panic Grass
(Panicum verrucosum). Maidencane grows in a dense stand on the
pond edge along with Virginia Chain-fern.

Near the forest edge, south of the other ponds, is an
excavated pond that appears to be permanently flooded. No
vegetation was observed in the water, but the exposed banks were
covered with beggar-ticks (Bidens spp.). Cultivated fields lie
south of the ponds.

Prepared by: Katharine McCarthy

Date: October 1987

PROTECTION AREA SUMMARY

Protection Area Name: Robinson's Pond

County: Caroline USGS Quad: Goldsboro

SUMMARY OF ECOLOGICAL SIGNIFICANCE:

Within a large, hardwood swamp forest is a two acre seasonal
pond dominated by herbaceous species. Many similar ponds on the
Eastern Shore have been destroyed by agricultural ditching and
drainage. The abundance of herbaceous vegetation in the pond's
center is maintained by the fluctuating groundwater regime.
Normally, the water level is highest in spring and the pond
gradually dries through the summer. This pond has an unusual
hourglass shape with deep depressions at both ends. Many
herbaceous species germinate in these depressions after the pond
dries and complete their life cycles in the brief period before
the fall frosts.

In the deepest section of the pond is Harper's Fimbri stylis
(Fimbristylis perpusilla), a State Endangered Species and
candidate for listing under the U.S. Endangered Species Act.
Fewer than 20 extant populations of this species are known
worldwide, and nine of these occur in Maryland. only one of
Maryland's populations is protected currently.

ELEMENT SUMMARY TABLE:

Element Name Common Name Status

Fimbristylis perpusilla Harper's Fimbristylis Endangered

OTHER VALUES AND SIGNIFICANCE:

It is likely that additional rare species inhabit Rob inson's
Pond, such as the Carpenter Frog (Rana virgatipes), a species In
Need of Conservation. The pond's flora and fauna change
seasonally and annually with water level. This amphibian is not
apparent in early fall when the pond was surveyed. Several
visits are needed to develop a complete species list for the
site.

The pond provides breeding, nesting, and feeding habitat for
migratory waterfowl. The current landowner leases the land for
hunting. Deer frequent the pond and the hunter reported great
success at this site.

THREATS AND MANAGEMENT NEEDS:

Threats

Alteration of the groundwater regine is the greatest threat
to this population of Harper's Fimbristylis. The frequency and
amplitude of water level fluctuations in the pond maintain this
rare species. Drainage of the pond or adjacent swamp forest
would reduce flooding and allow other species to establish to the
exclusion of Harper's Fimbristylis. Ditching or excavation
designed to increase pond depth would extend the period of
flooding, and potentially shorten the growing season for this
rare annual such that is would not reproduce.

Non-native plant species are encroaching upon the native
vegetation in the western section of the pond. The nearby
powerline is the source of these non-natives.

Management Needs

Plans for ditching, drainage, or land development near the
protection area should be reviewed for potential effects on the
population of Harper's Fimbristylis.

Removal of the non-native herbaceous flora from the pond
should be considered. This would be accomplished best by
individually removing the plants by hand. Equally important is
removal of the source of non-native flora. A cooperative effort
with the utility company would be required to achieve this. The
establishment of a dense shrub cover in the powerline right-of-
way would reduce substantially the cover of non-native flora and
provide a long-term, low maintenance solution. instead of mowing
the right-of-way, as is currently the practice, it is recommended
that herbicides be applied selectively to tree seedlings. This
would prohibit the establishment of trees and promote the
establishment of shrubs, while satisfying the utility company's
need to keep the powerline clear. The non-native herbaceous
vegetation would not survive under the shrub cover, and would be
eliminated gradually.

BOUNDARY RECOMMENDATIONS:

The protection area boundary incorporates the seasonal
pond, adjacent wetlands, and a forested buffer required to
maintain the integrity of the rare species' habitat.

SITE DESCRIPTION SUMMARY:

In this 135 acre freshwater wetland complex, hardwood swamp
forests intertwine with upland hardwood forests. Seasonal ponds
dominated by trees and shrubs are scattered through the swamp

forest. Robinson's Pond is large and hourglass-shaped with
depressions at both ends. A glade of sedges covers the eastern
half and the narrow neck of the hourglass. Buttonbush dominates
the center of the western half, and grasses grow under and around
these shrubs. A powerline lies about 100 ft. west of the pond;
beyond the powerline are cultivated fields. There are cultivated
fields to the south approximately 1000 ft. from the pond, and to
the north and east approximately 2000 ft. from the pond.

Prepared by: Katharine McCarthy

Date: November 1987

PROTECTION AREA SUMMARY

Protection Area Name: Schuyler Pond

County: Caroline USGS Quad: Goldsboro

SUMMARY OF ECOLOGICAL SIGNIFICANCE:

This 1.5 acre seasonal pond contains Maryland's only known
population of the State Endangered Species, Rose Coreopsis
(Coreopsis rosea). This species was thought to have been
extirpated from Maryland until its discovery this year. Rose
Coreopsis is also very rare in surrounding states. The
population in Schuyler Pond is large and was flowering profusely
.at the time of the site visit, indicating that the population is
well established.

The seasonal pond was deepened by excavation over 15 years
ago. A dense mat of sphagnum moss occurs along the outer edge of
the pond, suggesting that this region was not severely disturbed
during excavation. Many similar ponds have been destroyed by
agricultural ditching and drainage. In addition, trees or shrubs
dominate most of the remaining seasonal ponds, while this pond is
a grassy glade in late summer. Fluctuating groundwater level
maintains this abundance of herbaceous vegetation. The pond's
water level is highest in the spring, then recedes, and the pond
dries in the summer.

ELEMENT SUMMARY TABLE:

Element Name Common Name Status

Coreopsis rosea Rose Coreopsis Endangered

OTHER VALUES AND SIGNIFICANCE:

Additional rare species may inhabit this site, such as the
species In Need of Conservation, Carpenter frog (Rana
virgatipes), or the State Endangered Species, Eastern Tiger
Salamander (Ambystoma tigrinum). These amphibians are not
apparent in late summer, when the site was visited; however, the
landowner reported observing numerous amphibians in the spring.
Because the flora and fauna of the pond vary seasonally and
annually with water level, several visits are required to obtain
a complete species list for the site.

THREATS AND MANAGEMENT NEEDS:

Threats

Further excavation to create a functional farm pond
threatens the survival of Rose Coreopsis. Currently the pond
dries in the summer, and the landowner expressed interest in
creating a permanent pond on the property. Drainage of the pond
or any alteration of the groundwater regime could eliminate this
population.

Run-off of nutrients and pesticides from the adjacent
cultivated fields may be detrimental to the population. The
pesticides may be toxic to this species, while the nutrients may
promote the establishment of other species to the exclusion of
Rose Coreopsis.

Management Needs

The size and reproductive success of this population of Rose
Coreopsis should be monitored regularly. Steps should be taken
to maintain the population if a decline is observed.

Current practice of applying nutrients and pesticides to
adjacent fields may not be harmful to Rose Coreopsis. It is
recommended that the applications be minimized in the vicinity of
the pond. Establishment of a forested buffer around the pond
would reduce run-off from the fields into the pond. Therefore,
it is recommended that mowing of perimeter vegetation be
discontinued in order to allow the establishment of woody species
on the perimeter. Rose Coreopsis should be monitored to
determine the effects of the new woody vegetation on this rare
species.

Plans for ditching, drainage or land development outside the
protection area should be reviewed for potential effects on the
pond's groundwater regime.

BOUNDARY RECOMMENDATIONS:

The protection area boundary includes the rare species
habitat plus a 200 ft. buffer required to maintain the population
of Rose Coreopsis.

SITE DESCRIPTION SUMMARY:

This 45 acre protection area incorporates a 1.5 acre
seasonal pond dominated by grasses in the center and composites
(sunflower-like plants) along the edge. Rose Coreopsis emerges
from sphagnum along the pond perimeter. Its delicate, pink
flowers brighten the meadow-like vegetation of the pond in late
summer. Unlike many other rare species that inhabit seasonal

ponds, Rose Coreopsis is perennial and is able to reproduce
vegetatively. Therefore, this species flowers and fruits in
years of drought as well as in years of excessive rain. However,
population size has been reported to vary with water depth, thus
revealing the importance of maintaining the current groundwater
regime. Surrounding the pond are cultivated fields. A large
tract of forest lies about 300 ft. east of the pond.

Prepared by: Katharine McCarthy

Date: November 1987

PROTECTION AREA SUMMARY

Protection Area Name: South Melville Crossroads Pond

County: Caroline USGS Quad: Goldsboro

SUMMARY OF ECOLOGICAL SIGNIFICANCE:

This pond is a non-tidal wetland referred to as.a seasonal
pond. The pond normally fills with water in the winter and
spring and dries during the summer. Such wetlands are usually'
forested or dominated by shrubs. Ponds dominated by emergent,
herbaceous vegetation, such as the South Melville Crossroads
Pond, are rare in Maryland. Many similar ponds have been
destroyed by agricultural drainage and ditching.

This unusual habitat often supports rare species of plants
and animals. In addition to the populations in this pond, only
three populations of Button Sedge (Carex bullata) and six
populations of Engelmann's Arrowhead (Sagittaria engelmanniana)
are known in occur in Maryland. Just one population of Button
Sedge and two populations of Engelmann's Arrowhead are protected
currently. Reticulated Nutrush (Scleria reticularis) is also
very rare in this State.

ELEMENT SUMMARY TABLE:

Element Name Common Name Status

Carex bullata Button Sedge Threatened

Sagittaria
engelmanniana Engelmann's Arrowhead Threatened

Scleria reticularis Reticulated Nutrush Highly State
Rare

Cladium mariscoides Twigrush Watch List

Eleocharis microcarpa Torrey's Spikerush Watch List

OTHER VALUES AND SIGNIFICANCE:

Seasonal ponds may be important sites of groundwater
recharge and thus may be important in maintaining groundwater
quality. The land surrounding the ponds may be the seepage face,
where groundwater meets the soil surface. When the soil profile
is saturated with water, it is likely that water drains into the
ponds from the surrounding land of slightly higher elevation.

Groundwater quality may also be enhanced by the filtering effects
of the seasonal pond vegetation.

Seasonal ponds are feeding grounds for a variety of resident
waterbirds such as herons and egrets. They also provide
important resting, breeding, and feeding grounds for migratory
waterfowl, shorebirds, and songbirds.

THREATS AND MANAGEMENT NEEDS:

Threats

It is likely that any alteration of the seasonal pond
hydrology would be detrimental to the rare species populations.
Pond drainage, or any activity that lowers the local water table,
would allow woody species to establish within the pond. The
rare, herbaceous species require an open canopy and would be
eliminated gradually by the invading trees and shrubs. Ditching
to increase drainage from surrounding lands into the pond could
eliminate the rare species by reducing the length of pond
drawdown. These species require drawdown of sufficient length to
germinate and mature.

Because the pond is accessible and usually dries in the
summer, there is potential for severe disturbance by all-terrain
vehicles.

Management Needs

Plans for ditching, drainage or development of land
surrounding the protection area should be reviewed for potential
effects on the pond hydrology.

The pond vegetation should be monitored to determine 1) if
woody species are encroaching and 2) whether rare species are
successfully reproducing.

The use of all-terrain vehicles Phould be prohibited within
the protection area.

BOUNDARY RECOMMENDATIONS:

The protection area boundary includes all rare species
habitat and a forested buffer required to maintain the rare
species populations. Within this boundary the specific
management recommendations listed above should be implemented and
active disturbance should be prohibited.

SITE DESCRIPTION SUMMARY:

A large seasonal pond is the focus of this 25 acre
protection area. The center of this seasonal pond is a sedge
glade, primarily of Walter's Sedge and Twigrush. Small stands of.
Water-willow occur at the northern and southern edges of the
pond. Three-way Sedge is dense within an irregular depression at
the southern end of the pond. Four of the rare species occur in
or near this depression. Seedlings and saplings of Red Maple and
Sweet Gum occur near the pond edge and in isolated stands within
the pond. These tree species, plus fetterbush and Common
Greenbrier, dominate the forest immediately surrounding the pond.
Southwest of the pond is a Lobolly Pine plantation.

The pond attains a maximum water depth of approximately two
ft. The length of drawdown varies from year to year. Standing
water was observed in July 1982, but the site was completely dry
in early August 1987.

There is little variation in the topography of the land
surrounding much of the pond. Slopes of erodible soils northwest
of the pond are the only significant features.

Prepared by: Katharine McCarthy

Date: November 1987

REFERENCES

The following general references are provided as background
material and suggested reading to supplement this report.

Bartgis, R.L. 1986. Functional assessment of non-tidal
wetlands. Natural Heritage Program, Maryland Department of
Natural Resources, Annapolis, MD. Unpublished report to
CRD.

Fernald, M.L. 1970. Gray's manual of botany. Eighth ed.,
corrected printing. D. Van Nostrand Co., New York.
1632 pp.

Gleason, H.A. 1952. The new Britton and Brown illustrated flora
of the northeastern United States and Canada. Vols. 1-3.
Hafner Press, New York.

Godfrey, R.K. and J.W. Wooten. 1979. Aquatic and wetland plants
of Southeastern United States, Monocotyledons. Univ. of
Georgia Press, Athens, GA. 712 pp.

1981. Aquatic and wetland plants of southeastern United
States, Dicotyledons. Univ. of Georgia Press, Atlanta, GA.
933 pp.

Hirst, F. 1983. Field report on the Delmarva flora, I.
Bartonia 49: 59-68.

Norden, A.W., D.C. Forester, and G.H. Fenwick, eds. 1984.
Threatened and endangered plants of Maryland. Natural
Heritage Program Spec. Publ. 84-1. Maryland Department of
Natural Resources, Annapolis, MD. 473 pp.

Radford, A.E., H.E. Ahles, and C.R. Bell. 1968. Manual o f the
vascular flora of the Carolinas. Univ. of North Carolina
Press, Chapel Hill, NC. 1183 pp.

Tatnall, R.R. 1946. Flora of Delaware and the Eastern Shore.
Soc. of Nat. Hist. of Delaware, Lancaster, PA.. 313 pp.

U.S. Soil Conservation Service. Soil Survey. U.S. Gov. Printing
Office, Washington, DC. (available for each Maryland
county)

APPENDIX A,

719
PROPOSED ACTION ON REGULATIONS

required to give the Department 30 days notice before start-
Title 08 ing any action which would result in an "incidental tak-
ing." Within that 30 day time period the Department must
DEPARTMENT OF NATURAL either sal v'age the species or issue a permit for the "inciden-
tal take." The other added prohibitions are simply the same
RESOURCES acts prohibited by statute with respect to endangered spe-
cies.
Subtitle 03 WILDLIFE This proposal defines for the first time what criteria are
considered for designating Natural Heritage Areas. These
08.03.08 Threatened and Endangered Spe&eS Areas are an integral feature of the Critical Areas Criteria
(set forth under COMAR 14.15.01 -.11) and by adding this
Authority; Natural Resources Article, ��4-2A-01 - 4-2A-09 and regulation the Department hopes to aid the counties and
��10-2A-01 - 10-2A-09, the Critical Areas Commission in the protection of these
Annotated Code of Mary!and Areas. Before Areas are designated the Department will no-
Notice of Proposed Action tify all landowners of the proposed designation. There will
(87-061-131 be maps made available along with other pertinent and
useful information. The Department hopes to work out
The Secretary of Natural Resources proposes to repeal management agreements with the landowners or buy con-
existing Regulations .01 and .02 under COMAR 08.03.08 servation easements for property included in an Area if nec-
Nongame and Endangered Species and to adopt new essary.
Regulations.01 -.11 under COMAR 08.03.08 Threatened The Critical Areas Criteria rely heavily on the Depart-
and Endangered Species. ment's Threatened and Endangered Species Program to aid
The proposed action does not affect any threatened and the counties in determining which species within the Crit-
endangered species regulation or designations under ical Area need protection. The Department has available
COMAR 08.02.12, Tidewater Administration. The pro- maps which locate listed species by planning zones and will
posed action includes an increase in the number of wildlife make all this information as readily available as possible.
species on the lists and for the first-time includes plants. In The Department has always considered cooperative manz,
addition, some species which meet the statutory definition agement agreements with private property owners to be the
of fish because they spend part of their life cycle in water, best way to preserve and protect habitat critical to threat-
namely, amphibians, reptiles, crustaceans, mollusks and ened and endangered species, and intends to continue to use
only those finfish of-the species Blackbanded Sunfish (En- these agreements and other mutually agreeable manage-
neacanthus chaetodon), Maryland Darter (Etheostoma ment arrangements as much as possible.
sellare), Glassy Darter (Etheostoma vitreum), Stripeback
Darter (Percina notograma) and Trout-Perch (Percopsis om- Estimate of Economic Impact
iscomaycus) are added. The latter species are not game or 1. Summary of Economic Impact. Administrative costs for
sport fish, therefore, are of no commercial significance. The units of the Department of Natural Resources will increase in
lists .also contain, for the first time, the names of all those terms of more staff time to address protection of these species, and
species which are federally listed and, therefore, are re- some land acquisition costs will be incurred. Local governments
quired by Maryland law to be listed in Maryland. will bear somi costs in addressing protection of the listed species as
The criteria for listing and delisting species are set out part of their Critical Areas programs.
and the process for petitioning the Department to list and Il. Types of Revenue
delist a species as allowed by law is specified. The proposal Economic Impacts: Expense Amount
also clarifies how to apply for the various permits which are
allowed by law and what factors are considered before they A. On issuing agency:
areissued. 1. Increased staff and sup-
port for threatened and endan-
Maryland 'law authorizes the Secretary to prohibit cer- gered species Program $193,497
tain acts with respect to threatened and endangered plants 2. Increased land acquisition
in addition to those set out in the statute. The added prohi- staff and support $74,106
bitions are: taking threatened and endangered plants from . 3. Additional acquisition of
interests in land Indeterminable
private property without the permission of the owner and B. On other State or local
from.State property without the permission of the Director; agencies affected:
and exporting, possessing, processing, selling, offering for Local jurisdictions protect
sale, delivering, carrying, transporting or shipping threat- threatened and endangered spe-
cies as part of Critical Areas pro-
ened plant species. The latter acts are already prohibited by grams S40,000-
statute with respect to endangered plants. $100,000
Maryland law also authorizes the Secretary to prohibit by C. On regulated industries or
regulation certain acts with respect to all other threatened trade groups: NONE
species besides plants. Since there were no threatened spe- Benefit ( +
cies listed in the previous regulation, there were no addi- Cost Amount
tional prohibitions specified; thus, these regulations imple-
irst time. Included in groups affected: NONE
ment that section of the law for the fi D. On other industries or trade
the added prohibitions is an "incidental taking." This is a
taking of a species which is caused by another otherwise
lawful act, for example, the killing of a pond dwelling spe-
cies by filling in a pond for other reasons. The landowner is

MARYLAND REGISTER, VOL. 14, ISSUE 6 FRIDAY, MARCH 13,1987

720 PROPOSED ACTION ON REGULATIONS

E. Direct and indirect effects D. '7ncidental taking" means takings of listed species
on public:
1. Prohibition on taking en- that are incidental to, and not the purpose of, the carrying
dangered wildlife may affect out of an otherwise lawful activity conducted by a person on
some real estate development Indeterminable private property.
2. Protect species' diversity Indeterminable E. "Jeopardize the continued existence or' means to en-
111. Assumptions. (Identified by Impact Letter and Number gage in an action which reasonably would be expected, di-
from Section 11): rectly or indirectly, to reduce appreciably the likelihood of
Al. The amount indicated is a budget enhancement request for either the survival or recovery of a listed species in the wild
six new positions plus support for the Threatened and Endangered
Species program. While not all attributable to the listing of species by reducing the reproduction, numbers, or distribution of a
represented by this regulation, a significant portion of the addition- listed species or otherwise adversely affecting the species.
al staff time for which the new resources will be needed is to meet F. 'Listed species" means a species of flora or fauna
the needs of an expanded list of threatened and endangered species. deemed endangered, threatened or in need of conservation in
A2. The amount indicated is a budget enhancement request for this chapter due to any of the following factors:
two new positions plus support for acquisition of interests in land (1) P@vsent or threatened destruction, modification, or
that may prove necessary to protect threatened and endangered curtailment of the species'habitat or range,
species. (2) Overutilization for commercial, sporting, scientific,
A3. At this time, it is impossible to calculate how much could be
spent for acquisition of interests in land. The figure indicated is the educational, or otherpurposes,
amount budgeted in FY 1987 for acquisition of interests in property (3) Disease or predation;
for protection of lands that support diverse ecological communities (4) Inadequacy of existing regulatory mechanisms; or
of plants or animals, including forestlands, habitats of rare, threat- (5) Other natural or manmade factors affecting the spe-
ened or endangered species, and areas necessary for watershed pro- cies'continued existence within the State.
tection. A similar amount has been requested for FY 1998. G. "Natural heritage area" means any natural communi-
E. The costs of local governments to develop Critical Area pro- ty of species designated in Regulation .10 in this chapter.
grams will be approximately $2,150,000 for FY 1987. A similar H 'Person" means any county, municipal corporation, or
amount has been requested for FY 1988. The Director of the Crit- otherpolitical subdivision of the State, an individual, corpo-
ical Areas program estimates that between 2 percent and 5 percent ratiqn, receiver, trustee, guardian, executor, administrator,
of these costs may be attributable to that portion of the work in-
volving threatened and end.@ngered species. fidikiary, or representative.
El. and E2. There is presently no trade in Maryland in any of I "Secretary" means the Secretary of the D@partment of
the listed species, and therefore no impact is anticipated as a result Natural Resources.
of prohibiting such commerce. The prohibition on taking endan- J "Service" means the Maryland Forest, Park and Wild-
gered species of wildlife in any manner will have some localized life Service;
impacts on land use, but the impacts are indeterminable at this K. "Species" means any species of wildlife or plant and
time. As to endangered or threatened species of plants, threatened reptiles, amphibians, crustaceans, mollusks and the follow-
species of wildlife, and wildlife species in neeed of conservation, the ing finfish: Enneacanthus chaetodon, Etheostoma sellare,
regulation prohibits only directed efforts to take the species; 'MCI- v
dental impacts on the species from legitimate uses of land are not Etheastoma itreurn, Percina notograma, Percopsis omiscL
prohibited. Therefore, the listing of these species will not have an maycus or any part, egg, offspring, or dead body of any of
impact. Finally, there will be a long-term, positive, but incalculable them.
benefit to the people of Maryland by protecting the diversity of L "Species in need of conservation" means any species de-
species in the State. termined by the Se@retary to be in need of conservation mea-
sures for its continued ability to sustain itself successfully.
Opportunity for Public Comment M. "Take" means to harass, harm, pursue@ hurt, shoo4
Written comments may be sent to James Mallow, Forest, wound, kill, trap, capture, or collect, or attempt to engage in
Park and Wildlife Service, Department of Natural Resourc- any such conduct.
es, Tawes State Office Building, Annapolisi MD 21401 or N. "Threatened species" means any species of flora or fau-
call 974-3771 Monday through Friday, 9 a.m. to 4 p.m. Pub- na which appears likely, within the foreseeable future, to
lic comment must be received not later than April 20, 1987 become endangered including any species determined to be a
at 4 p.m. "threatened species" pursuant to the federal Endangered
If sufficient interest is shown a public hearing will be Species Act of 1973, 16 U.S.C ��1531 - 1543.
held. Copies of this proposal are available from James Mal- .02 Petitioning.
low at the address given above. A. Except for species determined to be threatened or en-
.01 Definitions. dangered pursuant to the federal Endangered Species Act of
A. "Director" means the Director of the Maryland Forest, 1973, 16 U.S.C 01531 - 1543, any interested person may
Park and Wildlife Service. petition the Director to add or remove a species or natural
B. "Endangered extirpated species" means any species heritage area to or from a list in this chapter. The Director
that was once a viable component of the flora or fauna of the shall review the evidence regarding the requested action and
State but for which no naturally occurring populations are make a recommendation to the Secretary whether or not to
known to exist in the State. Most of these species have not list or delist the species or natural heritage area.
been recorded in Maryland since 1950. R In a petition to list or delist a natural heritage area,
C ."Endangered species" means any species whose contin- the following information shall be provided:
ued existence as a viable component of the State's flora or (1) A map of the proposed natural heritage area.
(2) A description of the physical boundaries of the pro-
fauna @,i determined to be in jeopardy including any species posed area, total acreage, landowner name and address.
determined to be an "endangered species" pursuant to the (3) A description of the biological community represent-
federal Rndangered Species Act of 1973, 16 US-C ��1531 - ed by the natural heritage area including, as far - p-cti-
1543, cal, a list of the fauna, and flora there, and other geologic,

MARYLAND REGISTER, VOL. 14, ISSUE 6 FRIDAY, MARCH 13,1987

PROPOSED ACTION ON REGULATIONS 721

hydrologic, or other features which blend together to make (1) Whether the species is restricted to a minimal geo-
this area unique. graphic area within Maryland;-
(4) A description of all major threats to the continued . (2) R%ether the species has experienced a rapid, sub-
existence of the area, or if petitioning to delist an area, a stantial decline in Maryland, and if the decline continues,
description of how the natural features and species composi- the species' extirpation from Maryland is imminent;
tion of the area have changed so it is no longer suitable to be (3) Whether the species' essential habitat has been rap-
designated as a natural heritage area. idly lost and that loss is likely to continue,
(5) A statement indicating why the area should or (4) Whether the species'biology makes it highly suseep-
should not be considered as among the best statewide exam- tible to changes in its environment; or
ples of its kind. (5) Whether the species' essential habitat is easily al-
(6) Other relevant information which might assist the tered by even relatively minor activities.
Director in making a determination. B. Permits. The permit procedures to be followed are set
C. All sites used for evidence of current abundance shall forth in Regulation .03. The following apply:
be extant and all sitings shall be documented with appropri- (1) Permits shall be issued only for scientific research
ate vouchers. In a petition to list or delist a species, the fol- designed to enhance the recovery of the species orpopulation.
lowing information shall be provided: - (2) A person may not take, export, possess, process, sell
(1) A description of the biological distribution of the or offer for sale, deliver, carry, transport, or ship by any
species in Maryland. means any endangered wildlife, reptile, amphibian, mol-
(2) Its life needs and habitat requirements. lusk, crustacean or finfish species except by special permit
(3) Evidence of its decline or evidence that it is mom from the Director.
common than previously believed and documented. C. The following wildlife, reptile, amphibian, mollusk,
(4) All known threats which jeopardize its continued ex- crustacean and finfish species are considered endangered
istence. throughout Maryland unless a smaller range is indicated,
(5) Other relevant biological and ecological data or oth- (1) Platyhelminthes. A Planarian (Procotyla typhlops).
er life history information pertinent to its status. (2) Mollusks. Ancient Floater (Alasmidonta heterodon).
(6) The species shall be presently recognized as a valid (3) Crustaceans.
species, or infraspecifte taxa of regional or national signifi- (a) Dearolf's Cave Amphipo&(Crangonyx dearolfi),-
cance. Them shall be adequate documentation that it occurs (b) Greenbriar Cave Amphipod (Stygobromus emargi-
naturally and is permanently established in Maryland. natus);
.03 Permits. lipes).. (c) Shenandoah Cave Amphipod (Stygobromus graci-
A. Permits to take, transport, possess, sell, offer for sale, (4) Insects.
export or import any listed species may be obtained from the (a) Northeastern Beach nger-Beetle (Cicindela dor-
Director only after written application on a form provided by sa
the Service, and upon payment of a fee of $25; W Puritan Tiger-Beetle (Cicindela puritana),
B. Each permit shall be subject to an expiration date and (c) Six-Banded Longhorn-Beetle (Dryobius sexnota-
other limitations as may be prescribed by the Director. tus);
C. Each permit application requesting permission to take (d) Regql Fritillary (Speyeria idalia).
a listed species from private property shall be accompanied (5) Fish. Maryland Darter (Etheostoma sellare).
by a signed statement from the landowner granting the ap- (6) Amphibians.-
plicant permission to enter the property to take the species. (a) Eastern Tiger Salamander (Ambystoma tigrinum),
D. A permit application shall describe the purpose of the (b) Green Salamander (Aneides aeneus),
request in such detail that the Director can determine (c) Hellbender (Cryptobranchus'alleganiensis);
whether it is in the best interest of the species and the State (d) Eastern Narrow-Mouthed Toad (Gastrophryne
to issue it. carolinensis).
E. The Director shall consider, bu .t not be limited to, the (7) Reptiles.
following information: (a) A,tlantic Leatherback Turtle (Dermochelys coria-
(1) The number of other known occurrences of the spe- cea),
cies in the State; (b) Atlantic Hawksbill Turtle (Eretmochelys imbrica-
(2) Which of the occurrences of the species in �E(1) exist to),
on: (a) Private lands; (c) Northern Coal Skink (Eumeces anthracinus);
(b) Public lands; and (d) Atlantic Ridley Turtle (Lepidochelys kempi);
(c) What protection there is for the species' con tin ued chra). (e) Mountain Earth Snake (Virginia valeriae pul-
existence. (8) Birds.
(3) The number of individuals in the occurrences of the (a) Piping Plover (Charadrius melodus),
species in �E(1) and the relative state of ecological stability. (b) Peregrine Falcon (Falco peregrinus);
F Violation of any provision or restriction of the permit (c) Bald Eagle (Haliaeetus leucocephalus);
shall constitute a violation of this regulation and may re- (d) Loggerhead Shrike (Lanius ludovicianus);
sult, at the discretion of the Director, in the revocation of the (e) Bewick's Wren (Thryomanes@bewickii).
permit and confiscation of the species taken or possessed. (9) Mammals.
.04 Endangered Species of Wildlife, Reptiles, (a) Black Right Whale (Balaena glacialis);
Amphibians, Mollusks, Crustaceans and Finfish. (b) Sei Whale (Balaenoptera borealis);
A. Listing Criteria. The following factors shall be consid. (c) Blue Whale (Balaenoptera musculus);
41 ered for listing any species other than plants as endangered: (d) Finback Whale (Balaenoptera physalits),

MARYLAND REGISTER, VOL. 14, ISSUE 6 FRIDAY, MARCH 13,1987

722 PROPOSED ACTION ON REGULATIONS

(e) Humpback Whale (Megaptera novaeangliae); (28) Cream-Flowered Tick-Trefoil (Desmodium ochro-
leucum)
(g) Sperm Whale (Physeter catodon); (29) Rigid Tick-Trefoil (Desmodium rigidum),
(h) Delmarva Fox Squirrel (Sciurus niger cinereus); (30) Pineland Tick-Trefoil (Desmodium strictum),
(i) Water Shrew (Sorex palustris). (31) Pink Sundew (Drosera capillaris);
(32) Log Fern (Dryopteris celsa);
.05 Endangered Species of Plants. (33) Knotted Spikerush (Eleocharis equisetoides);
A. Listing Criteria. The following factors shall be consid- (34) Black-Fruited Spikerush (Eleocharis melanocarpa);
ered for listing a plant species as endangered: (35) Robbins'Spikerush (Eleocharis robbinsii)
(1) Whether only a few populations are known in Mary- (36) Water Horsetail (Equisetum fluviatile),
land and they cover only a small portion of land; (37) Bent-Awn Plumegrass (Erianthus contortus);
(2) Whether the species is restricted to a minimal geo- (38) Parker's Pipewort (Eriocaulon parkeri);
graphic area; (39) White-Bracted Boneset (Eupatorium leucolepis)
(3) Whether the species has experienced a substantial (40) Darlington's Spurge (Euphorbia purpurea),
decline in Maryland, and if the decline continues, the spe- (41) Harper's Fimbristylis (Fimbristylis perpusilla);
cies'extirpation from Maryland is imminent; (42) Box Huckleberry (Gaylussacia brachycera),
(4) Whether the species' essential habitat has been rap- (43) Swamp-Pink (Helonias bullata);
idly lost and that loss is likely to continue; (44) Featherfoil (Hottonia inflata);
(5) Whether the species'biology makes it highly suscep- (45) Creeping St. John's- Wort (Hypericum adpressurn),
tible to changes in its environment; or (46) Coppery St. John's- Wort (Hypericum denticulatum);
(6) Whether the species' essential habitat is easily al- (47) Dwarf Iris (Iris vema);
tered by even relatively minor activities. (48) Red-Root (Lachnanthes caroliana),
B. Permits. The permit procedures to be followed are set (49) (Leersia hexandra);
forth in Regulation .03. The following apply: (50) Star Duckweed (Lemna trisulca),
(1) Permits shall be issued only for scientific research (51) Downy Bushclover (Lespedeza stuevei);
designed to enhance the recovery of the species orpopulation; (52) Mudwort (Limosella subulata);
(2) A person may not.
(53) Sandplain Flax (Linum intercursum);
(a) Export, possess, process, sell, offer for sale, deliver, (54) Pondspice (Litsea aestivalis);
carry, transport, or ship by any means any endangered plant (55) Canby's Lobelia (Lobelia canbyi),
species without a special permit from the Director, the feder- (56) (Ludwigia glandulosa);
al government, or another state government; (57) Hairy Ludwigia (Ludwigia hirtella),
(b) Take any endangered plant species from State (58) Sessile-Leaved Water-Horehound (Lycopus amplec-
property except by special permit from the Director; and tens),
(c) Take any endangered plant species from private (59) Erect Water-Hyssop (Mecardonia acuminata),
property without the written permission of the landowner. (60) Torrey's Dropseed (Muhlenbergia torreyana),
C. The following plant species are considered endangered (61) Low Water-Milfoil (Myriophyllum humile),
throughout Maryland unless a smaller range is indicated: (62) Floating-Heart (Nymphoides cordata);
(1) Sensitive Joint-Vetch (Aeschynomene virginica); (63) Virginia False-Gromwell (Onosmodium virginia-
(2) Sandplain Gerardia (Agalinis acuta), num),
(3) (Agalinis fasciulata); (64) Canby's Dropwort (Oxypolis canbyi);
(4) Thread-Leaved Gerardia (Agalinis setacea); (65) Tall Swamp Panicgrass (Panicum scabriusculum);
(5) Woolly Three-Awn (Aristida lanosa), (66) Wright's Paniegrass (Panicum wrightianum);
(6) Virginia Heartleaf (Asarum virginicum) (67) Kidneyleaf Grass-of-Parnasus (Parnassia asarifo-
(7) Red Milkweed (Ascleplias rubra);
(8) Serpentine Aster (Aster depauperatus), (68) Yellow Nailwort (Paronychia virginica);
(9) Tickseed Sunflower (Bidens coronata); (69) Walter's Paspalum (Paspalum dissectum);
(10) Small Beggar-Ticks (Bidens discoidea), (70) Canby's Mountain Lover (Paxistima canbyi);
(11) (Bidens mitis); (71) Blue Scorpion- Weed (Phacelia ranunculacea);
(12) Aster-Like Boltonia (Boltonia asteroides), (72) Jacob's-Ladder (Polemonium van-bruntiae),
(13) Grass-Pink (Calopogon tuberosus); (73) Cross-Leaved Milkwort (Polygala cruciata);
(14) Long's Bittercress (Cardamine longii); (74) Dense-Flowered Knotweed (Polygonum densiflo-
(15) Barratt's Sedge (Carex barrattii), rum),
(16) Buxbaum's Sedge (Carex buxbaumi); (75) Slender Rattlesnake-Root (Prenanthes autumnal-
(17) Coast Sedge (Carex exilis),
(18) Giant Sedge (Carex gigantea); (76) Alleghany Plum (Prunus alleghaniensis);
(19) (Carexjoorii), (77) Short-Beaked Baldrush (Psilocarya nitens);
(20) Dark Green Sedge (Carex venusta) (78) Long-Beaked Baldrush (Psilocarya scirpoides);
(21) Marsh Wild Senna (Cassia fasciculata var. macros- (79) Harperella (Ptilimnium nodosum);
perma); (80) One-Sided Pyrola (Pyrola secunda);
(22) Spreading Pogonia (Cleistes divaricata (81) Yellow Water-Crowfoot (Ranunculus flabellaris);
(23) Wrinkled Jointgrass (Coelorachis rugosa); (82) (Rhynchosia tomentosa);
(24) Wister's Coralroot (Corallorhiza wisteriana), (83) Short-Bristled Hornedrush (Rhynchospora cornicu-
(25) Fraser's Sedge (Cymophyllus fraseri);
(26) Smooth Tick-Trefoil (Desmodium laevigatum); (84)Thread-Leaved Beakrush (Rhynchospora filifolia);
(27) Linear-Leaved Tick-Trefoil (Desmodium lineatum) (85) Grass-Like Beakrush (Rhynchospora globularis);

MARYLAND REGISTER, VOL. 14, ISSUE 6 FRIDAY, MARCH 13,1987

PROPOSED ACTION ON REGULATIONS 723

(86) Clustered Beakrush (Rhynchospora glomerata); (33) Chaffweed (Centunculus minimus);
(87) Drowned Hornedrush (Rhynchospora inundata); (34) Purple Clematis (Clematis occidentalis);
(88) Torrey's Beakrush (Rhynchospora torreyana); (35) Curly-Heads (Clematis ocroleuca),
(89) Sacciolepis (Sacciolepis striata), (36) Rose Coreopsqis (Coreopsis rosea);
(90) Sessile-Fruited Arrowhead (Sagittaria rigida); (37) Pygmyweed (Crassula aquatica);
(91) Sandbar Willow (Salix exigua), (38) Hazel Dodder (Cuscuta coryli);
(92) Canby's Bulrush (Scirpus etuberculatus); (39) (Cyperus plukenetii);
(93) Water Clubrush (Scirpus subterminalis), (40) Showy Ladies Slipper (Cyprqipediun reginae);
(94) Slender Nutrush (Scleria minor),- (41) Few-Flowered Tick-Trefoil (Desmodiurn pauciflo-
(95) Pink Bog-Button (Sclerolepis uniflora), rum);
(96) Halberd-Leaved Greenbrier (Smilax pseudo-china); (42) (Digitaria villosa),
(97) Red-Berried Greenbrier (Smilax walteri); (43) (Eleocharis halophila);
(98) Showy Goldenrod (Solidago speciosa), (44) Three-Ribbed Spikerush (Eleocharis tricostata);
(99) Two-Flowered Bladderwort (Utricularia biflora); (45) Downy Willowherb (Epilobium strictum);
(100) Fringed Yelloweyed-Grass(Xyris firnbriata), (46) Seven-Angled Pipewort (Eriocaulon septangulare);
(101) Small's Yelloweyed-Grass (Xyris smalliana). (47) Tall Rattlesnake Master (Eryngium. yuccifolium),
.06 Endangered Extirpated Species. (48) (Festuca paradoxa);
(49) Pumpkin Ash (Fraxinus profunda);
A. Listing Criteria. The following factors shall be consid- (50) Small Bedstraw (Galium. trifidurn);
ered for listing a species as endangered extirpated: (51) (Gentiana puberula);
(1) The species was once a viable component of the (52) Sea Milkwort (Glaux maritima);
State's flora and fauna and there are no records of it natu- (53) Sharp-Scaled Mannagrass (Glyceria acutiflora);
rally occurring in Maryland after 1950; or (54) Dwarf Rattlesnake-Plantain (Goodyera repens);
(2) The species was once a viable component of the (55) Tesselated Rattlesnake-Plantain (Goodyera tessela-
State's flora or fauna and recent scientific investigations ta);
have documented the loss of its habitat or disappearance of
(56) (Gratiola ramosa),
'its population in Marvland.
(57) Rough Heuchera (Heuchera villosa);
B. Permits. Upon the discovery of a viable, naturally oc- (58) Sea-Beach Sandwort (Honkenva peploides);
curring population of any species in ��C - H, that species
will be considered an endangered species and shall require (59) Nits-and-Lice (Hypericum. drummondii);
(60) Clasping-Leaved St. John's- Wort (Hypericurn gym-
the permits and conditions afforded to that status. nanthum);
C. The following plant species are considered endangered (61) Great St. John's-Wort (Hypericurn pyramidatum)
extirpated throughout Maryland: (62) Bloodleaf (Iresine rhizomatosa);
(1) Pine-Barren Gerardia (Agalinis virgata), (63) Small Whorled Pogonia (Isotria medeoloides),
(2) Rough-Stemmed Wheatgrass (Agropyron trachycau- (64) Small-Headed Rush (Juncus brachycephalus),
lum); (65) New Jersey Rush (Juncus caesariensis);
(3) Golden Colicroot (Aletris aurea), (66) (Juncus megacephalus);
(4) Beach Pigweed (Amaranthus pumilus); (67) Bayonet Rush (Juncus militaris);
(5) Canada Anemone (Anemone canadensis); (68) Torrey's Rush (Juncus torreyi);
(6) Great Angelica (Angelica atropurpurea), (69) Common Juniper (Juniperus communis);
(7) Filmy Angelica (Angelica triquinata); (70) Narrow-Leaved Pinweed (Lechea tenuifolia);
(8) Arethasa (Arethusa bulbosa); (71) Catchfly-Grass (Leersia lenticularis);
(9) Lake Cress (Armoracia aquatica); (72) Long-Awned Diplanche (Leptochloa fascicularis);
(10) Bradley's Spleenwort (Asplenium bradleyi); (73) Fall Witchgrass (Leptoloma cognatum),
(11) Steele's Aster (Aster concinnus); (74) Scaly Blazing-Star (Liatris squarrosa);
(12) Silvery Aster (Aster concolor), (75) American Lovage (Ligusticum canadense);
(13) Showy Aster (Aster spectabilis), (76) American Frog's-Bit (Limnobium. spongia),
(14) (Axonopus furcatus); (77) Twinflower (Linnaea borealis);
(15) Mat-Forming Water-Hyssop (Bacopa stragula); (78) Florida Yellow Flax (Linum floridanum);
(16) Sea Ox-Eye (Borrichia frulescens), (79) Heartleaf Twayblade (Listera cordata),
(17) Triangle Grape-Fern (Botrychium lanceolatum); (80) (Lobelia glandulossqa),
(18) Leathery Grape-Fern (Botrychium multifidum (81) Carolina Clubmoss (Lycopodiurn carolinianum);
(19) Small Grape-Fern (Botrychium simplex) (82) Large-Flowered Barbara's Buttons (Marshallia
(20) Blue-Hearts (Buchnera americana); grandiflora);
(21) Great Indian-Plantain (Cacalia muhlenbergii) (83) (Matelea decipiens);
(22) (Carex careyana); (84) (Matelea obliqua);
(23) Cypress-Knee Sedge (Carex decomposita); (85) Broad-Leaved Bunchflower (Melanthiurn latifoli-
(24) (Carex foenea),- um);
(25) (Carex glaucescens); (86) Nuttall's Micranthemum (Micranthemum micran-
(26) Lake-Bank Sedge (Carex lacustris); themoides);
(27) New England Sedge (Carex novae-angliae) (87) Evergreen Bayberry (Myrica heterophyllu);
(28) Variable Sedge (Carex polymorpha), (88) Thread-Like Aaiad (Najas gracillima);
(29) (Carex striatula); (89) Northern Panicgrass (Panictim boreale);
(30) (Carex tenera);
(31) (Carex tetanica); (90) Mav Grass (Pharlaris caroliniana):
(32) Wood's Sedge (Carex woodii); (91) (Phlox carolina);

MARYLAND REGISTER, VOL. 14, ISSUE 6 FRIDAY, MARCH 13,1987

724 PROPOSED ACTION ON REGULATIONS

(92) (Phlox glaberrima); (5) Red-Cockaded Woodpecker (Picoides borealis);
(93) Mountain Phlox (Phlox latifola), (6) Roseate Tern (Sterna dougallii),-
(94) Downy Phlox (Phlox pilosa); (7) Greater Prairie Chicken (Tympanuchus cupido).
(95) Heart-Leaved Plantain (Plantago cordata),- H. The following mammal species are considered endan-
(96) Slender Plantain (Plantago pusilla), gered extirpated throughout Maryland-
(97) (Poa saltuensis), (1) Gray Wolf (Canis lupus),-
(98) Clammyweed (Polansia dodecandra); (2) American Elk (Ceruus canadensis);
(99) America Ipecac (Porteranthus stipulatus), (3) Eastern Mountain Lion (Felis concolor);
(100) Redheadgrass (Potamogeton richardsonii); (4) Snowshoe Hare (Lepus americanus),
(101) Robbins'Pondweed (Potamogeton robbinsii); (5) Marten (Martes americaria).
(102) Flatstem, Pondweed (Potamogeton zosteriformis), .07 Threatened Species of Wildlife, Reptiles, Amphibi-
(103) Pale Mannagrass (Puccinellia pallida); ans, M0l1U8k8, Crustaceans, and Finfl8h.
(104) Awned Mountain-Mint (Pycnanthemum setosum); A. Listing Criteria. The following factors shall be consid-
(105) Greenish-Flowered Pyrola (Tyrola virens),-
(106) (Ranunculus hederaceus); ered for listing species other than plant species as threat-
(107) Bristly Crowfoot (Ranunculus pensylvanicus); ene&
(108) Awned Meadow-Beauty (Rhexia aristosa), (1) Whether the species has experienced a steady, sub-
(109) Tiny-Headed Beakrush (Rhynchospora microce- stantial decline in Maryland, and if the -decline continues,
phala),- the species is likely to become endangered,
U 10) Few-Flowered Beakrush (Rhynchospora rariflora),- (2) Whether there has been steady, widespread loss of
(111) Wild Black Currant (Ribes americanum);. the species' essen tia I habitat; or
(112) Hairy Wild Petunia (Ruellia humilus); (3) Whether protection measures already taken have sig-
(113) Pursh's Ruellia (Ruellia purshiana), nificantly reduced the chances of the species becoming extir-
(114) Slender Marsh Pink (Sabatia campanulata); pated from Maryland.
(115) Lance-Leaved Sabatia (Sabatia difformis), B. Permits. The permit procedures to be followed are set
forth in Regulation .03. The fpllowing apply:
(14;q? Slender Arrowhead (Sagittaria teres); j&.
(117) Shining Willow (Salix lucida); (1) Except by special permit from the Director a person
(118) (Salvia urticifolia),- may not take, export, possess, process, sell, offer for sale, de-
(119) Hard-Stem Bulrush (Scirpus acutus); liver, carry, transport or ship by any means,any threatened
(120) Torrey's Clubrush (Scirpus torreyi); wildlife@ reptile, amphibian, mollusk, crustacean or finfish
(121) Shining Nutrush (Scleria nitida), species.
(122) Veined Skullcap (Scutellaria nervosa),- (2) Permits to take threatened species shall be issued
(123) Small Skullcap (Scutellaria parvula),- only for.
(124) Sand Blueeyed-Grass (Sisyrinchium arenicola); (a) Scientiflic research designed to enhance the recov-
(125) Mountain Goldenrod (Solidago roanensis), ery of the species or population;
(126) Rock Goldenrod (Solidago rupestris), (b) Other valid scientific research; or
(127) (Sorghastrum elliottii); (c) Educational purposes designed to further public
(128) Indian-Pink (Spigelia marilandica), awareness regarding the species.
(129) (Stachys aspera), (3) Incidental taking of a threatened wildlife, reptile,
(130) Trailing Stitchwort (Stellaria alsine), amphibian, mollusk, crustacean or finfish species shall be
(131) (Tephrosia spica .ta); allowed only after the Director has been notified 30 days in
(132) Coastal False Asphodel (Torteldila racemosa); advance of the change in land use or other action by a pri-
(133) Auricled Gerardia (Tomanthera auriculata); vate landowner which shall result in the incidental taking.
(134) Buffalo Clover (Trifolium reflexurn), The Maryland Forest, Park and Wildlife Service, upon re-
(135) (Triglochin striatum); - ceipt of the application for an incidental taking permit from
(136) Tall Cornsalad (Valerianella umbilicata), the landowner, shall within 30 days either:
(137) Purple Vetch (Vicia americana); (a) Take action to salvage the threatened species; or
(138) Wolffiella (Wolffiella 17oridana). (b) Issue to the landowner an incidental taking per-
D. The following fish species are considered endangered mit authorizing the landowner to proceed with the action
extirpated throughout Maryland. which will result in the incidental taking of the species.
(1) Glassy Darter (Etheostoma vitreurn); C The following species are considered to be threatened
(2) Stripeback Darter (Percina notograma), throughout Maryland unless a smaller range is indicate&
(3) Trout-Perch (Percopsis omiscomaycus). (1) Crustaceans. Allegheny Cave Amphipod (Stygobro-
E. The following amphibian species is considered endan- mus allegheniensis)
gered extirpated throughout Maryland: Greater Siren (Siren (2) insects. Rare Skipper (Problema bulenta).
lacertina). (3) Reptiles.
F The following reptile species is considered endangered (a) Atlantic Loggerhead Turtle (Caretta caretta),*
extirpated throughout Maryland: Rainbow Snake (Farancia (b) Atlantic Green Turtle (Chelonia mydas).
erytrogramma). (4) Birds. Black Skimmer (Rynchops niger).
G. The following bird species are considered endangered .08 Threatened Species ofPlants.
extirpated throughout Maryland: A. Listing Criteria. The following factors shall be consid-
(1) Bachman's Sparrow (Aimophila aestivalis); ered for listing a plant species as threatened:
(2) Ivory-Billed Woodpecker (Campephilus principalis), (1) Whether the species has experienced a substantial
(3) Lark Sparrow (Chondestes grammacus),- decline in Maryland, and if the decline continues, the species
(4) Eskimo Curlew (Numenius borealis), is likely to become endangered;

MARYLAND REGISTER, VOL. 14, ISSUE 6 FRIDAY, MARCH 13,1987

PROPOSED ACTION ON REGULATIONS 725

(2) Whether there has been a steady widespread loss of (a) Scientific research designed to enhance the recov-
the species' essential habitat, or ery of the species or population;
(3) Whether the species has been listed as endangered (h) Other valid scientific research; or
but it has been shown that protection measures taken have (c) Educational purposes designed to further public
significantly reduced the chances of the species becoming ex- awareness regarding the species.
tirpated from Maryland. (3) Incidental taking permits are not required for spe-
B. Permits. The permit procedures to be followed are set cies in need of conservation.
forth in Regulation .03. The following apply: C. The following species are considered to be in need of
(1) Permits shall be issued only for scientific research conservation throughout Maryland unless a smaller range is
designed to enhance the recovery of the species orpopulation. indicated:
(2) A person may not: (1) Insects. King's Hairstreak (Satyrium kingi).
(a) Export, possess, process, sell, offer for sale, deliver, (2) Fish. Blackbanded Sunfish (Enneacanthus chaeto-
carry, transport, or ship by any means any threatened plant don).
species except by a special permit from the Director; (3) Amphibians. Carpenter Frog (Rana virgatipes).
(b) Take any threatened plant species from State prop- (4) Reptiles. Map Turtle (Grapternys geographica).
erty except. by special permit from the Director; and (5) Birds.
(c) Take any threatened plant species from private (a) Henslow's Sparrow (Ammodramus henslowiQ-
property without the written permission of the landowner. (b) Short-Eared Owl (Asio flammeus),
C. The following plant species are considered threatened (c) American Bittern (Botaurus lentiginosus),-
throughout Maryland unless. a smaller range is indicated: (d) Sedge Wren (Cistothorus platensis);
(1) Single-Headed Pussytoes (Antennaria solitaria),- (e) Little Blue Heron (Egretta caerulea),
(2) Giant Cane (Arundinaria gigantea); (f) Common Moorhen (Gallinula chloropus);
(3) Glade Fern (A thyrium pycnocarpon), (k) American Oystercatcher (Haernatopus palliatus);
(4) Maryland Bur-Marigold (Bidens bidentoides), (h) Least Bittern (Ixobrychus exilis);
(5) Button Sedge (Carex bullata); W Black Rail (Laterallusjamaicensis),
(6) Shoreline Sedge (Carex hyalinolepis), (J) Swainsons Warbler (Limnothlypis sw ,ainsonii);
(7) Inflated Sedge (Carex vesicaria); (k) Least Tern (Sterna antillarum).
(8) Leatherleaf (Chamaedaphne calyculata); (6) Mammals.
(9) Red Turtlehead (Chelone obliqua), (a) Porcupine (Erethizon dorsatum);
(10) Goldenseal (Hydrastis canadeniO, (b) Bobcat (Lynx rufus),
(11) Deciduous Holly (Ilex decidua); (c) Least Weasel (Mustela nivalis),
(12) Narrow-Leaved Bushclover (Lespedeza angustifo- (d) Small-Footed Bat (Myotis leibii);
lia); (e) Southeastern Shrew (Sorex longirostris).
(13) Wild Lupine (Lupinus perennis),
(14) Climbing Fern (Lygodium palmatum), .10 Natural Heritage Areas.
(15) American Lotus (Nelumbo lutea); A. Listing Criteria. In order to qualify as a natural heri-
(16) Red Bay (Persea borbonia), tage area a natural community shall.
(17) Pale Green Orchis (Platanthera flava); . (1) Contain one or more threatened or endangered spe-
(18) Purple Fringeless Orchis (Platanthera peramoena); cies or wildlife species in need of conservation;
(19) Spongy Lophotocarpus (Sagittaria calycina), (2) Be a unique blend 6fgeological, hydrological, clima-
(20) Engelmann's Arrowhead (Sagitttaria engelmanni- talogical or biological features; and
ana); (3) Be considered to be among the best Statewide exam-
(21) Northern Pitcher-Plant (Sarracenia purpurea), ples of its kind.
(22) Virginia Mallow (Sida hermaphrodita); B. The Forest, Park and Wildlife Service shall prepare
(23) Featherbells (Stenanthium gramineurn),- maps describing the location of all natural heritage areas.
(24) Mountain Pimpernel (Taenidia montana); The maps shall be filed in the office of the Director of the
(25) Steele's Meadowrue (Thalictrum steeleanum); Forest, Park and Wildlife Service, Department of Natural
(26) Kate's-Mountain Clover (Trifolium virginicum), Resources, Thwes State Office Building, Annapolis, MD
(27) Dwarf Trillium (Trillium pusillum), 21401.
(28) Purple Bladderwort (Utricularia purpurea). C. The following areas are designated natural heritage ar-
eas:
.09 Species in Need of Conservation. (1) Kasecamp Shale Barrens ......... Allegany County;
A. Listing Criteria. The following factors shall be consid- (2) Maple Run ...................... Allegany County;
ered for listing a species as in need of conservation: (3) Outdoor Club Shale Barrens : ..... A I lega ny Co u n ty;
(1) Whether the population is limited'or declining with- (4) Sideling Hill Creek ..Allegany, Washington County;
in Maryland; and (5) Cypress Creek Swamp ....... Anne Arundel County,-
(2) Whether the species may become threatened in the (6) Eagle Hill Bog .............. Anne Arundel Counly-
foreseeable future, if current trends or conditions persist. (7) Upper Patuxent
B. Permits. The permit procedures to be followed are set Marshes.. Anne Arun'del, Prince George's County;
forth in Regulation .03. The following apply: (8) Black Marsh ................... Baltimore Coun(y;
(1) Except by special permit, a person may not take, ex- (9) Robert E. Lee Park .............. Baltimore County;
port, possess, process, sell, offer for sale, deliver, carry, trans- (10) Camp Roosevelt Cliffs ............ Calvert County,-
port, or ship by any means any species in need of conserva- (11) Cove Point Marsh ................ Calvert County;
tion. (12) Flag Ponds ...................... Calvert Count@v;
(2) Permits to take species in need of conservation shall (13) Randle Cliff Beach ............... Calvert County;
be issued onlY for

MARYLAND REGISTER, VOL. 14, ISSUE 6 FRIDAY, MARCH 13,1987

726 PROPOSED ACTION ON REGULATIONS

(14) Grove Neck ........................ Cecil County, 11. Types of
(15) Plum Creek ........................ Cecil County, Economic Impacts. Revenue
(16) Allen's Fresh ..................... Charles County, Expense Magnitude
(17) Chicamuxen Creek ............... Charles County; A. On issuing agency:
(18) Popes Creek ............ ........ Charles County, The Department expects an in-
(19) Upper Nanjemoy Creek ........... Charles County'. crease in workload as a result of
the deletion of certain exemp-
(20) Chicone Creek ................ Dorchester County; tions. $141,000
(21) Mill Creek .................... Dorchester County; B. On other State or local
(22) Savanna Lake ................ Dorchester County, agencies affected:
(23) Upper Black water River ....... Dorchester County, Additional cost to prepare sub-
(24) Upper Nanticoke River, Marshes mittals to the Department for re-
view and approval. Indeterminable.
and Swamps ...... Dorchester, Wicomico County; Dependson
(25) High Rock ...................... Garrett County; amount of
(26) Toliver Run ..................... Garrett County; applications
(27) Great Falls .................. Montgomery County; received from
(28) Irish Grove .................... Somerset County; C. On regulated industries or other agencies.
(29) Hickory Point Cypress Swamp ... Worcester County; trade groups;
(30) Lower Nassawango Creek ....... Worcester County; I.. Additional cost to prepare
engineered submittals to the
(31) Mattaponi .................... Worcester County; Department for review and ap-
(32) North Sinepuxent Bay Dunes .... Worcester County. proval. $500,000
2. Cost to persons obtaining
.11 Violation of Regulations. a permit due to processing .
Violation of these regulations is a misdemeanor punish- time. $87,250
able under Natural Resources Articles, ��10-2-A-07, 10-1101 3. Time delay for those proj-
ects that require an adminis-
et seq., 4-2A-07, and 4-1201 et seq., Annotated Code of Mary- trative opportunity for a pub-
land. lic hearing. $105,000
D. On other industries or
TORREY C. BROWN, M.D. trade groups affected:
Certain delays in starting the
Secretary of Natural Resources intended works may be incurred
to the permit applicant as a re-
sult of the regulatory process.
These delays could be borne by
trade groups or subcontractors
as a result of scheduling prob-
Subtitle 05 WATER RESOURCES lems. Determined on
ADMINISTRATION a case-by-case
basis but could
result in lost
@08.05.03 Construction on Non-Tidal Waters earnings to
and Floodplains E. Direct and indirect effects trade groups.
Authority: Natural Resources Article ��8-801 thru 8-814, on public: Could be very
Annotated Code of Maryland large.
111. Assumptions. (Identified by Impact Letter and Number
Notice of Proposed Action from Section ID:
[87-060-P] A. A 20 percent increase in applications received is anticipated
which would bring the total number of files reviewed by WRA to
The Secretary of Natural Resources proposes to amend 1,200 yearly. Each engineer reviews an average of 174 files per year
Regulation .03 under COMAR 08.05.03 Construction on and an inspector inspects an average of 72 waterway permit proj-
Non-Tidal Waters and Floodplains. The purpose of this ects yearly. Based upon the current staff available, it is projected
amendment is to delete certain exemptions for projects in that 1 engineering and 2 inspector positions will be required.
environmentally sensitive areas of the State's waterways. B. An estimated expense to other State and local agencies would
be based upon the time and material required to prepare permit
Estimate of Economic Impact applications. '
C.I. Given an estimated increase in permit applications of 200
1. Summary of Economic Impact. Natural Resources Article, per year, an estimated project cost of $25,OW, and an average appli-
�8-803, Annotated Code of Maryland, requires that any person cation preparation fee of 10 percent of the project cost.
wishing to change in any manner the course, current, or C.2. This cost is based on a minimum time to obtain a permit of
cross-section of any stream or body of water, first obtain a permit one month and interest of 12 percent per annurn on an average
from the Department. Permits are obtained following the submittal project cost of $25,000.
of an application and accompanying documentation prescribed in C.3. This cost is based on a minimum time delay of 2 additional
COMAR. Regulations governing these activities have existed since months in permit processing time due to an expected 50 percent
the 1930's and have been amended from time-to-time in order to increase in the number of applications received. Also included is an
keep pace with goals and objectives of the Department of Natural average hearing notice publication cost of $100 per permit.
Resources. The regulatory changes proposed at this time are neces- D. Depending on the amount of detailed submittals required for
sary in order to incorporate those items the General Assembly rec- a particular project, time delays will result to the construction in-
ognized as necessary in order to preserve and enhance the quality dustry. In addition, improper implementation of 'he construction
of the State's water resources as they relate to the Chesapeake Bay. drawings, which cannot be anticipated, can result in time delays to
the contractor.

MARYLAND REGISTER, VOL. `14, ISSUE 6 FRIDAY, MARCH 13,1987

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