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MANAGEMENT PLANS FOR SIGNIFICANT PLANT AND WILDLIFE MARYLAND HABITAT AREAS NATURAL OF MARYLAND9S HERITAGE EASTERN SHORE: PROGRAM KENT COUNTY Prepared by J. Christopher Ludwig Katharine McCarthy Abigail Rome R. Wayne Tyndall QH TOFN 76.5 M33 1987 CIO oe@ segitte to ongelmanniene Engelmann's Arrowhead 4 WI Lm 1-95-6 MANAGEMENT PROGRAMS FOR .8. SIGNIFICANT PLANT AND WILDLIFE HABITAT AREAS IN KENT COUNTY FINAL REPORT SUBMITTED TO: Coastal Resources Division Tidewater Administration 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 KENT COUNTY CONTENTS INTRODUCTION ............................................... 1 SECTION 1: Procedures of site selection, methods of protection implementation, and the long-term framework established by this project Introduction .......................................... 3 Site identification ................................... 3 Field inventory ....................................... 5 Selecting sites for protection ........................ 5 Site protection implementation methods ................ 6 Long-term framework ................................... 9 SECTION 2: Protection Area Summaries Introduction .......................................... 10 County map ............................................ 14* Protection Area Summaries Black Bottom Ponds .......................... 16 Golts Ponds ................................ 19 Golts Railway Pond ......................... 22 Millington WMA Ponds ............................. 25 REFERENCES ................................................. 28 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; 1 3. determine threats to each area and determine management mechanisms for protecting the integrity of such areas; 4. determine appropriate boundaries for each site 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 f accordance with the Natural Heritage Program's methodology, this area is then labeled a protection area. I 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. 2 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 3 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 Sphagnu . d. Palustrine Forested Deciduous Wetlands (PF01) with at least one of the following characteristics: i. Seeps ii. vernal pools 4 iii. Well-developed stratification e. 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: 5 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. 6 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. 7 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 Endangered 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. 8 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 1990's. 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. 9 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 Quad(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 10 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 11 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. 12 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. 13 KENT COUNTY Howell Pt. -@Sas'aftas tterton ij'eor eto ';@Sassafras L 2 r k 43 '44 2 290 3 SUSOUEHANNA 3 448 4 3 213 1 Galena Gol NATIONAL Coleman 2 L 299 WILDLIFE REFU E till Pond oc s '3113 Worton 298 Gro e Mas f - I Pt. 297 Lynch Kenneclyville 290 (361 Newtown - 292 3 4 4 2982 1 448 4 MILLINGTON H 561 -- 313 - M. A. @pnesville 2 Orton3 2 3 4 5 1 0 C he stervi I le 2 291 M illington G C. 2932 Morgnec 1 291 ,2 4 213 Melitota J, 298 514 + 291 Ch4!ftertown Tolchester I Fairlee 20 1 Seq;@Enlargement Beach 21 3 WIh t I a @@q Sandy C @9@ Botto (17 12; 446 8Kings m own 44 @/ Lan 3for arms 5 =20 2- """ 4 4 5 3 6 Pomon 2 Ed lie Gratitu e 661 4 3 uake- eit@ Rock Hall 288 )89 La' i ng b t 445 Tokn EAST ERN NECK ISIAND NAT. WILDLIFE REFUGE SCALE 6 12 0 10 20 Locations of Protection Areas of significant habitat- (See page 15 for Protection Area names corresponding to numbers given above.) RENT COUNTY: Protection Area Locations Site # on Protection Area County Map Black Bottom Ponds ................................4 Golts Ponds ......................................1 Golts Railway Ponds ..............................2 Millington WMA Ponds .............................3 15 PROTECTION AREA SUMMARY Protection Area Name: Black Bottom Ponds County: Kent USGS Quad: Millington SUMMARY OF ECOLOGICAL SIGNIFICANCE: This non-tidal wetland complex includes several seasonal ponds which harbor five State Endangered Species plus a Highly State Rare Species. The natural dominance of herbaceous species within the ponds is unusual. Most of Maryland's non-tidal wetlands are dominated by shrubs or trees. Many herbaceous, emergent wetlands have been drained for agriculture. The herbaceous communities within these seasonal ponds are maintained by fluctuating groundwater levels. The ponds normally fill in the fall, winter and spring, and dry in the summer. Most of the rare herbaceous species germinate and mature in the summer on exposed mudflats. The exception is Featherfoil (Hottonia inflata), which appears to mature through winter under standing water; its flowers emerge above the 'water surface in spring. These rare species are unique in their ability to endure seasonal extremes of drought and flooding. An exceptional variety of rare plant species inhabits these ponds. Large stands of Harper's Fimbristylis (Fimbristylis perpusilla) occur in three seasonal ponds on the protection area. This State Endangered Species is a candidate for listing under the U.S. Endangered Species Act. Fewer than 20 extant populations of Harper's Fimbristylis have been reported worldwide; nine of those occur on Maryland's Eastern Shore, but only one of the Maryland sites is protected. The other four .Endangered Species observed at this site are known from fewer than ten extant sites in Maryland; at the most, just one population of each species is protected. ELEMENT SUMMARY TABLE: Element Name Common Name Status Bidens discoidea Small Beggar-ticks Endangered Carex gigantea Endangered Fimbristylis perpusilla Harper's Fimbristylis Endangered Hottonia inflata Featherfoil Endangered Rhynchospora Short-bristled Endangered corniculata Hornedrush Oldenlandia uniflora Clustered Bluets State Rare 16 OTHER VALUES AND SIGNIFICANCE: Additional rare species may inhabit these ponds. Since the flora and fauna of the ponds vary with seasonal and annual fluctuations in water level, several visits are required to obtain a complete species list for the site. Seasonal ponds provide ideal habitat for amphibians, including the State Endangered Species, the Eastern Tiger Salamander (Ambystoma tigrinum), and the Carpenter Frog (Rana virgatipes), a species In Need of Conservation. The ponds also provide feeding grounds for resident waterbirds, and offer nesting, feeding and breeding grounds for migratory waterfowl and songbirds. Numerous tracks through the ponds reveal that deer frequent these sites. THREATS AND MANAGEMENT NEEDS: Threats The greatest threat to the survival of the rare species is alteration of groundwater level. These rare species are maintained by the existing frequency and amplitude of groundwater fluctuation. Drainage of the ponds, ditching of surrounding land, or any other alteration of the current groundwater regime is likely to eliminate the rare species from these sites. Management Needs In one pond, large common sedges are encroaching upon the rare species at the pond center. These species should be monitored regularly. The populations of rare species in all ponds should be monitored to determine if populations are stable and reproducing successfully. Plans for ditching or land development outside the protection area boundary should be reviewed for potential effects on the groundwater regime of the ponds. BOUNDARY RECOMMENDATIONS: The protection area boundary incorporates the seasonal ponds containing rare species, surrounding wetlands, and a forested buffer required to protect the populations of rare species. Active disturbance should be prohibited within this boundary. 17 SITE DESCRIPTION SUMMARY: This 270 acre wetland complex is comprised of palustrine swamp forests of Red Maple and Sweet Gum, forested shrub swamps of Sweet Pepperbush and greenbrier, and seasonal ponds dominated by Buttonbush and various herbaceous species. Small regions of higher elevation between swamps are transitional, including the swamp forest species as well as upland species of oak and beech. Although the dominant herbaceous species differ between seasonal ponds, the same group of rare herbaceous species is common to three of the four ponds. Two of these rare species, Harper's Fimbristylis and Clustered Bluets, occur in herbaceous openings in the deepest section of the ponds. Featherfoil and Small Beggar-ticks grow under the Buttonbush canopy; Featherfoil flowers in spring before the Buttonbush leaves emerge, while Small Beggar-ticks flowers in early fall, after the leaves fall. The other two rare sedges observed at this site, Carex gigantea and Short-bristled Hornedrush, occur along the pond edge. Of the four ponds surveyed, two ponds are relatively remote and difficult to access. The other two ponds are close to a cultivated field and are accessible via wide paths. Non-native plant species are abundant in both ponds. Removal of the forest buffer during logging may have promoted the establishment of non- native species in these two ponds. Prepared by: Katharine McCarthy Date: November 1987 18 PROTECTION AREA SUMMARY Protection Area Name: Golts Ponds County: Kent USGS Quad: Millington SUMMARY OF ECOLOGICAL SIGNIFICANCE: This protection area contains two seasonal ponds, unique non-tidal wetland ecosystems restricted to five counties on the Eastern Shore. These ponds are centripetally-drained basins which range in size from one to fifteen acres and which hold up to 4 ft. of water in the spring. They often contain rare, disjunct, or endemic species and are considered unique because they are among the few remaining naturally open freshwater wetlands on the coastal plain. Many similar ponds have been drained for agricultural use. Three rare plant species are found here. one is Harper's Fimbristylis (Fimbristylis perpusilla), a State Endangered Species and a candidate for Federal Endangered Species status. The Golts Ponds population is the northernmost occurrence of the species. Other rare plants found here are Carex giga tea, which is also at its northern limit at these ponds, and Twining Bartonia (Bartonia paniculata), a Watch List Species. ELEMENT SUMMARY TABLE: Element Name Common Name Status Carex gigantea Endangered Fimbristylis perpusilla Harper's Fimbristylis Endangered Bartonia paniculata Twining Bartonia Watch list THREATS AND MANAGEMENT NEEDS: Threats The major threat to these ponds is drainage. Both have ditches running out of them on the east side and one has second one on the west. Ditches expedite the drawdown of the ponds, allowing species which are less tolerant of water-logged conditions to invade and outcompete the rare plants. 19 one of the ponds is quite exposed to human activity. Its southern border has been cleared and now abuts the grassy yard of adjacent homeowners. Fertilizers used on the lawn and/or runoff from dog pens close to the pond margin could lower water quality by increasing eutrophication. In addition, the lack of forest cover adjacent to the pond provides conditions hospitable to shade intolerant and non-native species that compete with indigeneous flora. The small population of Twining Bartonia is, in fact, seriously threatened by encroachment of weedy plants. Management Needs Management of the site includes allowing the ditches to close in so that the natural hydrology of the ponds is re- established. A management agreement should be implemented with the adjacent landowners in order to ensure that land-use activities do not negatively impact water quality in the ponds. Finally, monitoring of the Fimbristylis population is recommended to assess population status and to identify additional possible threats. If woody encroachment is found to be a problem, selective vegetation removal may be necessary. BOUNDARY RECOMMENDATIONS: The protection area boundary surrounds the ponds and a buffer. In this buffer, the natural forest should be maintained in order to protect the local hydrology and to prevent the invasion of weedy species. SITE DESCRIPTION SUMMARY: Golts Ponds Protection Area encompasses 37 acres, including two shrub swamps with different vegetation compositions and water regimes. Both are shallow ponds surrounded by second growth hardwood forest dominated by Sweet Gum, Red Oak, White Oak, and Red Maple. Dense patches of shrubs and greenbrier occur along the ponds' margins. The northern pond is about 3 acres in size and is narrowly kidney-shaped. It normally exhibits little emergent vegetation. Only under extreme drought conditions does it dry completely. It is then that the Harper's Fimbristylis seeds germinate in the exposed mud. Because of the infrequency of total drawdown in this pond, these seeds may persist in a dormant condition for many years. The southern pond is two acres and is roughly oval-shaped. It is vegetated with an outer ring of Buttonbush and an inner zone of grasses, sedges, and smartweed. In most years it dries completely during the summer, allowing the Fimbristylis to germinate. The southern edge of the pond is bordered by the grassy yard of the adjacent landowner. Little native vegetation remains here as a natural buffer. 20 The woods between the ponds contain numerous, scattered, small depressions which are temporarily or seasonally flooded. To the west, along an old road (now a wide grassy path), are an abandoned house site and old fields. Virginia Pine and numerous herbaceous weeds are invading. Descriptive information was obtained from field surveys conducted prior to 1987. Current aerial photographs were examined to update the existing survey data. Prepared by: Abigail Rome Date: August 1987 21 PROTECTION AREA SUMMARY Protection Area Name: Golts Railway Pond County: Kent USGS Quad: Millington SUMMARY OF ECOLOGICAL SIGNIFICANCE: This non-tidal wetland is unique in the abundance and variety of herbaceous vegetation at the pond center. Among these species is the State Endangered Species, Featherfoil (Hottonia inflata). Four additional extant populations of this species are known in Maryland, but only one population is protected. The life cycle of this aquatic herb is closely linked to the seasonal water level fluctuations of the pond. As the pond water level drops in the summer, seeds of Featherfoil germinate on exposed mud. The seedl'ings mature under water as the pond level rises through fall and winter. Featherfoil flowers emerge from the standing water in spring. South of the pond along the sandy upland forest border is a small population of the State Endangered species, Rigid Tick- trefoil (Desmodium rigidu ). Just three other populations of this species are known to occur in Maryland and only one population is protected. ELEMENT SUMMARY TABLE: Element Name Common Name Status Desmodium rigidum Rigid Tick-trefoil Endangered Hottonia inflata Featherfoil Endangered OTHER VALUES AND SIGNIFICANCE: Additional rare species may occur in this pond, including amphibians such as the Carpenter Frog (Rana virgatipes), a species In Need of Conservation, the Eastern Tiger Salamander (Ambystoma tigrinum), a State Endangered Species or other plant species. Because the flora and fauna of ponds vary both seasonally and annually with changes in pond water level, several visits are necessary to develop a complete species list for the site. When standing water is present, the pond provides feeding and resting grounds for resident waterbirds. Also, the pond offers nesting, feeding and breeding grounds for migratory waterfowl and songbirds. Deer frequent the pond and surrounding woods. 22 THREATS AND MANAGEMENT NEEDS: Threats The water regime of this pond has been altered by construction of the railroad on the southern edge of the pond. As a result, standing water is present in the pond center through most, if not all, of the summer. Normally, undisturbed ponds on the Eastern Shore dry in the summer. If the hydrologic regime of this site is altered further, either by increasing or reducing pond water levels, the rare species may be lost from this site. As described previously, the life cycles of these species are closely tied to the fluctuation of water depth. Pond drainage or increased drainage from surrounding lands into the pond would reduce the flux in water depths and subsequently may eliminate the rare species. widening of the Millington WMA entrance road may eliminate the population of Rigid Tick-trefoil. Management Needs Plans to ditch, fill or develop surrounding lands should be reviewed for potential effects on the pond hydrology. Maintenance and further construction of the WMA entrance road should be conducted after consultation with the Natural Heritage Program in order to avoid.harming the Rigid Tick-trefoil. BOUNDARY RECOMMENDATIONS: The protection area boundary includes the rare species habitat plus a buffer needed to maintain the rare species populations. The management recommendations should 'be implemented within this boundary, and active disturbance should be prohibited. SITE DESCRIPTION SUMMARY: The focus of this 20 acre protection area is a small pond. Due to excavation at the southern edge of the pond, standing water remains in this pond long after local undisturbed ponds have dried. There is little vegetation within this region of semi-permanent (possibly permanent) standing water. At the waters edge lies a ring of low herbs, primarily grasses, but including a large population of Featherfoil. The forested pond edge is dominated by Red Maple, Sweet Gum, and Persimmon with an understory of Sweet Pepperbush. South of the 23 pond, the land slopes gently to an upland hardwood forest. Rigid Tick-trefoil occurs along a sandy roadside at the forest edge. Cultivated fields lie southeast and northwest of the pond. Prepared by: Katharine McCarthy Date: October 1987 24 PROTECTION AREA SUMMARY ,Protection Area Name: Millington WMA Ponds County: Kent USGS Quad: Millington SUMMARY OF ECOLOGICAL SIGNIFICANCE: A shrub swamp and an excavated pond contain the unique elements of this protection area. The shrub swamp appears undisturbed and represents a habitat that is dwindling on Maryland's Eastern Shore due to agricultural ditching and drainage. The Watch List Species, Stalked Water-horehound (Lycopus rubellus) inhabits the southern edge of this swamp. Southeast of the shrub swamp is an excavated pond that appears to be permanently flooded. Among the herbs that dominate the exposed mud banks are large populations of two State Endangered species, Harper's Fimbristylis (Fimbristylis perpusilla) and Small Beggar-ticks (Bidens discoidea), and a small population of the State Endangered Species, Long-beaked Baldrush (Psilocarva scirpoides). Harper's Fimbristylis is known from fewer than 20 extant sites worldwide, nine of which occur in Maryland. This species is a candidate for listing under the U.S. Endangered Species Act. Only two of the populations in Maryland are protected. Nine extant populations of Small Beggar-ticks and seven extant populations of Long-beaked Baldrush are know to occur in Maryland. Just one population of each of these species is protected. ELEMENT SUMMARY TABLE: Element Name Common Name Status Bidens discoidea Small Beggar-ticks Endangered Fimbristylis perpusilla Harper's Fimbristylis Endangered Psilocarva scirpoides Long-beaked Baldrush Endangered Lycopus rubellus Stalked Water-horehound Watch List OTHER VALUES AND SIGNIFICANCE: Additional rare species may occur in the pond and shrub swamp, such as the State Endangered Species, Eastern Tiger Salamander (Ambystoma tigrinum) or the Carpenter Frog (Rana virgatipes), a species In Need of Conservation. The flora and fauna of the pond and swamp vary seasonally and annually with water level. These rare amphibians are not apparent in late summer and early fall when the pond was surveyed. Several visits 25 are necessary to develop a complete species list for the site. The excavated pond and shrub swamp offer ideal breeding, nesting and feeding grounds to migratory waterfowl and songbirds, and feeding grounds to resident waterbirds. In addition, deer frequent these areas to feed and rest. THREATS AND MANAGEMENT NEEDS: Threats Further alteration of groundwater hydrology represents the greatest threat to the populations of rare species. The current frequency and amplitude of flooding maintain these rare species. Changes in this groundwater regime would allow other species to establish and would eliminate the rare species. Non-native species may threaten the survival of rare species in the excavated pond. Management Needs The population size and reproductive success of the rare species should be monitored to assess the long-term effects of excavation on these populations. Plans for ditching, drainage or land development near the protection area should be reviewed for potential effects on the 'rare species. Selective removal of non- natives may be required to maintain the populations of rare species in the excavated pond. BOUNDARY RECOMMENDATIONS: The protection area boundary incorporates the seasonal pond and shrub-swamp inhabited by rare species, adjacent wetlands, and a forested buffer required to protect the rare species. Active disturbance should be prohibited within this boundary. SITE DESCRIPTION SUMMARY: Two ponds containing rare species occur along the old road leading in to the Millington Wildlife Management Area from Hurlock Corner Golts Road. The 23 acre protection area includes these ponds plus a buffer. Korth of the road, where the road turns due east, is a seasonal pond that has become a shrub swamp. Buttonbush and beggar-ticks dominate the pond center. Stalked Water-horehound emerges from sphagnum among the shrubs at the southern end of the pond. A swamp forest of Persimmon, Red Maple, Sweet Pepperbush, and greenbrier surrounds the pond. To the east lie cultivated fields. Approximately 400 ft. southeast of this shrub swamp is an excavated pond. The dredge spoils remain as a vegetated mound surrounding the pond just within the Red Maple-Sweet Gum swamp forest. The pond may be permanently 26 flooded in the center; standing water was observed in late September, long after local seasonal ponds had dried. Three State Endangered Species inhabit the pond banks. These species germinate in the summer on exposed mud after the water recedes. They mature and fruit before fall frosts. The timing of the exposure of mud flats greatly affects the reproductive success of the species. These rare species may have inhabited the pond prior to excavation. Prepared by: Katharine McCarthy Date: November 1987 27 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 of 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) 28 APPENDIX Ai PROPOSED ACTION ON REGULATIONS 719 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 salvage 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 End,?ngered speCieS 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 ��10-2A-01 - 10-2A-09, regulation the Department hopes to aid the counties and Annotated Code of Maryland the Critical Areas Commission in the protection of these Areas. Before Areas are designated the Department will no- Notice of Proposed Action tify all landowners of the proposed designation. There will [87-061-P] 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. soecies on the lists and for the first time inchades plants. In The Department has always considered cooperative man- 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 I Summary of Economic Impact. Administrative costs for sport fish, therefore, are of no commercial significance. The uni`@ of the Departme'nt 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 some"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 III. 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. L 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 $40,000- 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 f 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. "Incidental taking" means takings of listed species on public: that are incidental to, and not the purpose of, the carrying 1. Prohibition on taking en- 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 of" 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 by reducing the reproduction, numbers, or distribution of a Species program. @While not all attributable to the listing of species represented by this regulation, a significant portion of the addition- listed species or otherwise adversely affecting the species. al staff time for w@ hich 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) Present or threatened destruction, modification, or that may prove necessary to protect threatened and endangered curtailment of the species'habitat or range; species. i (2) Overutilization for commercial, sporting, scientific, A3. At this time, it is impossible to calculate how much could be educational, or other purposes, spent for acquisition of interests in land. The figure indicated is the (3) Disease or predation, amount budgeted in FY 1987 for acquisition of interests in property 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 1988. G. "Natural heritage area" means any natural communi- B. The costs of local governments to develop Critical Area pro- ty of species designated in Regulation iO 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 ration, receiver, trustee. guardian, executor, administrator, of these costs may be attributable to that portion of the work-in- fiduciary, or representative. volving threatened and endangered species. El. and E2. There is presently no trade in Maryland in any of L "Secretary" means the Secretary of the Department 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 endange@re@ 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; inci- Etheastoma vitreum, Percina notograma, Percopsis omisco- dental impacts on the species from legitimate uses of land are not 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, hun't; shoot, wounc@ kill, trap, capture, or collect, or attempt to engage in Written comments may be sent to James Mallow, Forest, any such conduct. Park and Wildlife Service, Department of Natural Resourc- N. '"Threatened species" means any species of flora orfau- es, Tawes State Office Building, Annapolis, MD 21401 or na which appears likely, within the foreseeable future, to call 974-3771 Monday through Friday, 9 a.m. to 4 p.m. Pub- become endangered including any species determined to be a lic comment must be received not later than April 20, 1987 "threatened species" pursuant to the federal Endangered at 4 p.m. Species Act of 1973, 16 US. C ��1531 - 1543. If sufficient interest is shown a public hearing will be 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 Deftnitions. dangered pursuant to the federal Endangered Species Act of A. "Director" means the Director of the Maryland Forest, 1973, 16 US.C ��1531 - 1543, any interested person may Park and Wildlife'Service. petition the Director to add or remove a species or natural A "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. B. In a petition to list or delist a natural heritage area, C "Endangered species" means any specie Is 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 is 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 Endangered Species Act of 1973, 16 US. C ��1531 - ed by the natural heritage area including. as far as practi- 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) Whether 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 suscep- 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 provide& (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 more from the Director. common than previously believed and documented. C. The following wildlife, reptile, amphibian, mollusk, (4) All known threats whichjeopardize 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, o'Y'infraspecific taxa of regional or nationalsignift-' (a) Dearolfs Cave Amphip'od (Crangonyx dearolfi), cance. There shall be adequate documentation that it occurs (b) Greenbriar Cave Amphipod (Stygobromus emargi- naturally and is permanently established in Maryland. natus), .03 Permits. (c) Shenandoah Cave Amphipod (Stygobromus graci- lipes).. 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 TYger-Beetle (Cicindela dor- Director only after written application on a form provided by salis), the Service, and upon payment of a fee of $25. (b) Puritan YYger-Beetle (Cicindela puriiana); B. Each permit shall be subject to an expiration date and (c) Six-Banded Longhorn-Beetle (Dryobius sexnota- other limita tions as may be prescribed by the Director. ' tus),. C, Each permit application requesting permission to take (d) Regql Fritillary (Speyeria i.dalia). 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 (Ane'ides aeneus); request in such detail that the Director can determine (c) Rellbender (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, but not be limited to, the (7) Reptiles. following information: (a).Atlantic 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 ta),- 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' continued 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(D 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 Finflish. (b) Sei Whale (Balaenoptera borealis); A. Listing Criteria. The following factors shall be consid- (c) Blue Whale (Balaenoptera musculus); ered for listing any species other than plants as endangered: (d) Finback Whale (Balaenoptera physalus): MARYLAND REGISTER, VOL. 14, ISSUE 6 FRIDAY, MARCH 13,1987 722 PROPOSED ACTION ON REGULATIONS (e) Humpback Whale (Megaptera novaeangliaeq); (28) Cream-Flowered Tick-Trefoil (Desmodium ochro- (f) Indiana Bat (Myotis sodalis); leucurn); (k) Sperm Whale (Physeter catodon); (29) Rigid Tick-Trefoil (Desmodium rigidum); (h) Delmarva Fox Squirrel (Sciurus niqger cinereus); (30) Pineland Tick-Trefoil (Desmodium strictum); (i) Water Shrew (Sorex palustris). (31) Pink Sundew (Drosera capillaris); (32) Log Fern (Dryopteris celsa); .05 Endangered SDecies 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 (Hypericurn adpressum); 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 verna), 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 (Linurn 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 (Aymphoides cordata), (1) Sensitive Joint-Vetch (Aeschynomene virginica), (63) Virginia False-Gromwell (Onosmodium, virginia- (2) Sandplain Gerardia (Agalinis acuta), num); (3) (Agalinis fasciculata), (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 (Panicurn wrighttianum); (6) Virginia Heartleaf (Asarurn virginicum); (67) Kidneyleaf Grass-of-Parnassus (Parnassia asarifo- (7) Red Milkweed (Asclepias rubra); lia), (8) Serpentine Aster (Aster depauperatus), (68) Yellow Nailwort (Paronychia virginica); (9) Tickseed Sunflower (Bidens coronata), (69) Walter's Paspalurn (Paspalurn dissecturn); (10) Small Beggar-Ticks (Bidens discoidea); (70) Canby's Mountain Lover (Paxistima canbyqi); (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); is); (18) Giant Sedge (Carex gigantea); (76) Alleghany Plum (Prunus alleghaniensis), (19) (Carex joorii); (77) Short-Beaked Baldrush (Psilocarya nitens); (20) Dark Green Sedge (Carex venusta); (78) Long-Beaked Baldrush (Psilocarya scirpoides); (21) Marsh Wild Senna (Cassia fascicu lata 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); lata); (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) Chafweed (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 Coreopsis (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 (Cypripedium reginae); (94) Slender Nutrush (Scleria minor), (41) Few-Flowered Tick-Trefoil (Desmodium 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 stricturn), (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), A. Listing Criteria. The following factors shall be consid- (49) Pumpkin Ash (Fraxinus profunda); ered for listing a species as endangered extirpated: (50) Small Bedstraw (Galium trifidum), (1) The species was once a viable component of the (51) (Gentiana puberula); State's flora and fauna and there are no records of it natu- (52) Sea MilkwOrt (Glaux maritima), .rally occurring in Maryland after 1950; or (53) Sharp-Scaled Mannagrass (Glyceria acutiflora), (2) The species was once a viable component of the (54) Dwarf Rattlesnake-Plantain (Goodyera repens), (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 Maryland. (57) Rough Heuchera (Heuchera villosa); B. Permits. Upon the discovery of a viable, naturally oc- (58) Sea-Beach Sandwort (Honken a peploides); curring population of any species in �q�C - H, that species will be considered an endangered species and shall require (59) Nits-and-Lice (Hypericum drummondii); the permits and conditions afforded to that status. (60) Clasping-Leaved St. Johns- Wort (Hypericum gym- C. The following plant species are considered endangered nanthum); extirpated throughout Maryland: (61) Great St. John's-Wort (Hypericum pyramidatum), (1) Pine-Barren Gerardia (Agalinis virgata); (62) Bloodleaf (Iresine rhizomatosa); (2) Rough-Stemmed Wheatgrass (Agropyron trachycau- (63) Small Whorled Pogonia (Isotria medeoloides), lum); (64) Small-Headed Rush (Juncus brachycephalus); (3) Golden Colicroot (Aletris aurea); (65) New Jersey Rush (Juncus caesariensis), (4) Beach Pigweed (Amaranthus pumilus), (66) (Juncus megacephalus); (5) Canada Anemone (Anemone canadensis), (67) Bayonet Rush (Juncus militaris), (6) Great Angelica (Angelica atropurpurea), (68) Torrey's Rush (Juncus torreyi), (7) Filmy Angelica (Angelica triquinata); (69) Common Juniper (Juniperus communis); (8) Arethusa (Arethusa bulbosa), (70) Narrow-Leaved Pinweed (Lechea tenuifolia); (9) Lake Cress (Armoracia aquatica); (71) Catchfly-Grass (Leersia lenticularis); (10) Bradley's Spleenwort (Asplenium bradleyi); (72) Long-Awned Diplanche (Leptochloa fascicularis), (11) Steele's Aster (Aster concinnus), (73) Fall Witchgrass (Leptoloma cognatum), (12) Silvery Aster (Aste concolor); (74) Scaly Blazing-Star (Liatris squarrosa), (13) Showy Aster (Aster spectabilis); (75) American Lovage (Ligusticum canadense); (14) (Axonopus furcatus); (76) American Frogs-Bit (Limnobium spongia); (15) Mat-Forming Water-Hyssop (Bacopa stragula); (77) Twinflower (Linnaea borealis); (78) Florida Yellow Flax (Linum floridanum), (16) Sea Ox-Eye (Borrichia frutescens), (79) Heartleaf Twayblade (Listera cordata); (17) Triangle Grape-Fern (Botychium lanceolatum); (80) (Lobelia glandulosa); (18) Leathery Grape-Fern (Botrychium multifidum); (81) Carolina Clubmoss (Lycopodium 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 (Melanthium latifoli- (24) (Carex foenea); um), (25) (Carex glaucescens), (86) Nuttall's Micranthemum (Micranthermum micran- (26) Lake-Bank Sedge (Carex lacustris); themoides); (27) New England Sedge (Carex novae-angliae), (87) Evergreen Bayberry (Myrica heterophylla), (28) Variable Sedge (Carex polymorpha), (88) Thread-Like Naiad (Najas gracillima); (29) (Carex striatula), (89) Northern Paniegrass (Panicum boreale); (30) q(Carex tenera); (90) May Grass (Pharlaris caroliniana); (31) (Carex tetanica); (91) (Phlox carolina); (32) Wood's Sedge (Carex woodii); 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 Marylan& (97) (Poa saltuensis); (1) Gray Wolf (Canis lupus); (98) Clammyweed (Polansia dodecandra), (2) American Elk (Cervus 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 americana). (102) Flatstern Pondweed (Potamogeton zosteriformis); .07 Threatened Species of Wildlife, Reptiles, Amphibi- (103) Pale Mannagrass (Puccinellia pallida); ans, Mollusks, Crustaceans, and FinfislL (104) Awned Mountain-Mint (Tycnanthemum setosum); (105) Greenish-Flowered Pyrola (Tyrola virens), A. Listing Criteria. The following factors shall be consid- (106) (Ranunculu@ hederaceus), ered for listing species other than plant species as threat- (107) Bristly Crowfoot (Ranunculus pensylvanicus),- ened. (108) Awned Meadow-Beauty (Rhexia aristosa), (1) Wkether 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, (110) Few-Flowered Beakrush (Rhynchospora rariflora),- (2) Whether there has been steady, widespread loss of (111) Wild Black Currant (Ribes americanum); the species' essential 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 following apply., (116) Slender Arrowhead (Sagittaria teres); (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),- wild .life, 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). Scientific 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, Stellaria alsine), (130) Trailing Stitchwort amphibian, mollusk, crustacean or finfish species shall be (131) (Tephrosia qpicata); allowed only after the Director has been notified 30 days in (132) Coastal False Asphodel (Tofieldila 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), cetpt of the application for an incidental takingpermit 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 f7oridana). (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 vitreum), C The following species are considered to be threatened (2) Stripeback Darter (Percina notograma); throughout Maryland unless a smaller range is indicated: (3) Trout-Perch (Percopsis omiscomaycus). (1) Crustaceans. Allegheny Cave Amphipod (Stygobro- E. The following amphibian species is considered endan. mus allegheniensis). gered extirpated throughout Marylan& 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). en'trogramma). (4) Birds. Black Skimmer tRynchops 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 becorne 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 (b) 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 (Graptemys 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 henslowii); property without the written permission of the landowner. (b) Short-Eared Owl (Asia flammeus), C. The following plant species are considered threatened (c) American Bittern (Botaurus lentiginosus),- throughout Maryland unless a smaller range is indicate& (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 (Athyrium pycnocarpon), (g) American Oystercatcher (Haematopus palliatus); (4) Maryland Bur-Marigold (Bidens bidentoides), (h) Least Bittern (Ixobrychus exilis), (5) Button Sedge Warex bullata), W Black Rail (Laterallus jamaicensis); (6) Shoreline Sedge (Carex hyalinolepis), 6) Swainson's Warbler (Limnothlypis swainsonii); (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 canadenis), (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), .10 Natural Heritage Areas. (14) Climbing Fern (Lygodium palmatum); A. Listing Criteria. In order to qualify as a natural heri- (15) American Lotus (Nelumbo lutea); (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 perarnoend); cies or wildlife species in need of conservation; (19) Spongy Lophotocarpus (Sagittaria calycina); (2) Be a unique blend ofgeological, 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 gramineum); maps describing the location of all natural heritage areas. (24) Mountain Pimpernel (Thenidia 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, Towes State Office Building, Annapolis, .41-11) (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 ......... A llega ny Co u n t),,- . 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 llegany County; (1) Whether thepopulation is limited or declining with- (4) Sideling Hill Creek ..Allegany, Washington County; in Maryland, and (5) Cypress Creek Swamp ....... Anne Arundel County,- 1 (2) Whether the species may become threatened. in the (6) Eagle Hill Bog .............. Anne Arundel County; foreseeable future, if current trends or conditions persist. (7) Upper Patuxent B. Permits. The permit procedures to be followed are set Marshes.. Anne Arundel, Prince George's County,- forth in Regulation .03. The following apply: (8) Black Marsh ................... Baltimore County,- (1) Except by special permit, a person may not take, ex- (9) Robert E. Lee Park ............... Baltimore Cou n (y; port, possess, process, sell, offer for sale, deliver, carry, trans- (10) Camp Roosevelt Cliffs ............ Ca I vert Co i in ty; port, or ship by any means any species in need of cortserva- (11) Cove Point Marsh ... ............ Caluert Courzt1v,- 4 tion. (12) Flag Ponds ......... ............ Calvert Countv- (2) Permits to take species in need of conservation shall (13) Randle Cliff Beach ............... Calvert Coun(v; be issued only for: MARYLAND REGISTER, VOL. 14, ISSUE 6 FRIDAY, MARCH 13,1987 726 PROPOSED ACTION ON REGULATIONS (14) Grove Neck ........................ Cecil County; II. Types of (15) Plum Creek ........................ Cecil County; Economic Impacts. Revenue (16) Allen @ Fresh .................... Charles County; Expense Magnitude (17) Chicarnuxen 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 Cr@ek ................ 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 Blackwa ter River ....... Dorchester County, Additional cost to prepare sub- 1-nittals to the Department for re- (24) Upper Nanticoke River, Marshes view and approval. Indeterminable. and Swl amps ...... Dorchester, Wicomico, County; Depends on (25) High Rock ...................... Garrett County, amount of (26) ToliverRun ..................... Garrett County, applications received from (27) Great Fa 'lls ................. Montgomery County; other agencies. (28) Irish Grove .................... Somerset County; C. On regulated industries or (29) Hickory Point Cypress Swamp... Worcester County; trade groups: (30) Lower Nassawango Creek ....... Worcester County,- 1. Additional cost to prepare engineered submittals to the (31) Mattaponi .................... Worcester County; Department for review and ap- (32) North Sihepuxent Bay Dunes .... Worcester County. proval. $500,000 2. Cost to persons obtaining .11 Violation ofRegulations. a permit due to processing Violation of these regulations is a misdemeanor punish- time. $87,250 3. Time delay for those proj- able under Natural Resources Articles, ��10-2A-07, 10-1101 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 a case-by-case ADMINISTRATION 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. IH. 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 applications. Estimate of Economic Impact 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 $25,000, 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 annum on an average project cost of $25,000. from the Department. Permits are obtained following the submittal 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 the 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 , f 0 A, I i@ I a llullllmllm 'j 3 6668 14109 9194