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

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

MANAGEMENT PLANS
FOR SIGNIFICANT
PLANT AND WILDLIFE
MARYLAND HABITAT AREAS
NATURAL OF. MARYLAND9S
HERITAGE EASTERN SHORE:
PROGRAM.
-.soft, WICOMICO COUNTY

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

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MANAGEMENT PROGRAMS FOR

SIGNIFICANT PLANT AND WILDLIFE HABITAT AREAS
IN WICOMICO 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 WICOMICO 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 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
Horsebridge Creek Powerline ...................... 16
Johnson Pond ..................................... 18
Plum Creek Powerline Bog .......................... 20
Sharptown Bog .................................... 23
Spearin Road Powerline ........................... 27

REFERENCES ................................................. 30

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

INTRODUCTION

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

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

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

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

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

3. determine threats to each area and determine management
mechanisms for protecting the integrity of such areas;

4. determine appropriate boundaries for each 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
accordance with the Natural Heritage Program's methodology, this
area is then labeled a protection area.

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

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

iii. Well-developed stratification

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

FIELD INVENTORY:

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

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

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

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

STRATEGY FOR SELECTING SIGNIFICANT SITES:

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

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

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

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

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

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

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

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

SITE PROTECTION IMPLEMENTATION METHODS:

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

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

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

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

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

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

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

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

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

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

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

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

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

4. Natural Heritage Area - land which meets all three
of the criteria listed in the revised Regulations
under COMAR .08.03.03 Threatened and 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.

LONG-TERM FRAMEWORK:

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

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

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

SECTION 2

Protection Area Summaries

INTRODUCTION:

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

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

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

USGS 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

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

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

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

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

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

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

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

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

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

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

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COUNTY

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

WICOMICO COUNTY: Protection Area Locations

Horsebridge Creek Powerline ..................... 4

Johnson Pond .................................... 3

Plum Creek Powerline Bog ......................... 1

Sharptown Bog ................................... 2

Spearin Road Powerline .......................... 5

PROTECTION AREA SUMMARY

Protection Area Name: Horsebridge Creek Powerline

County: Wicomico USGS Quad: Wango

SUMMARY OF ECOLOGICAL SIGNIFICANCE:

The Horsebridge Creek Powerline right-of-way is kept free of
woody species through active management. This open habitat has a
sphagnous wetland of emergent vegetation including four rare
species. During pre-settlement history, fires and floods created
and maintained similar habitats. Now that these natural
phenomena have been artificially suppressed, powerline right-of-
ways provide some of the only habitat for species which require
open, early successional conditions.

In the early 1980's four rare species were reported from
this site including Long-beaked Baldrush (Psilocarya scirpoides),
Fibrous Bladderwort (Utricularia fibrosa), Fringed-Yelloweyed-
grass (Xvris fimbriata), and Small's Yelloweyed-grass (Xvris
smalliana). All of these species may persist at this site.
During the 1987 field survey, one State Endangered Species, two
State Threatened Species, and a Watch List Species were observed
in this powerline.

ELEMENT SUMMARY TABLE:

Element Name Common Name Status

Psilocarva scirpoides Long-beaked Baldrush Endangered

Sclerolepis uniflora Pink Bog-button Endangered

Xyris fimbriata Fringed Yelloweyed-grass Endangered

Xyris smalliana Small's Yelloweyed-grass Endangered

Sagittaria engelmaniana Engelmann's Arrowhead Threatened

Sarracenia purpurea Northern Pitcher-plant Threatened

Utricularia fibrosa Fibrous Bladderwort State Rare

Drosera rotundifolia Round-leaved Sundew Watch List

OTHER VALUES AND SIGNIFICANCE:

This area provides an opportunity to research the effects of
an active ditch on a significant wetland.

THREATS AND MANAGEMENT NEEDS:

Threats

Many non-native, weed species are invading the more
disturbed sections of the powerline right-of-way, competing with
native species. These weeds establish in soil that has been
disturbed and compacted by off-road vehicles.

Wetland drainage via Horsebridge Creek ditch also threatens
the survival of the rare species. This deep ditch in close
proximity to the significant wetland may have already degraded
the area by lowering its water table. Research is needed to
determine the severity of this threat.

Management Needs

Current right-of-way management practices do not appear to
be detrimental to the rare species populations and habitats. It
is recommended that off-road vehicles be prohibited from entering
the protection area.

It is important to research the effect of the ditch on the
wetland's hydrology and to monitor the non-native vegetation and
rare species populations.

BOUNDARY RECOMMENDATIONS:

The protection area boundary includes all areas of the
powerline right-of-way which contain rare species. Also included
is a buffer along the right-of-way and in adjacent woodland.

SITE DESCRIPTION SUMMARY:

A small, sphagnous wetland is the prominent feature of
ecological significance in this 23 acre protection area. The
emergent, herbaceous wetland is located along the powerline
right-of-way 100 ft. north of the Horsebridge Creek ditch. Bog
vegetation dominates the wetland, including Northern Pitcher-
plant, Pink Bog-button, Engelmann's Arrowhead, and sundews. The
0.5 acre wetland is bisected by an off-road vehicle trail running
directly up the middle of the right-of-way. Non-native weed
species are common in the drier sections of the wetland. Trash
has been dumped near the road and ditch.

Descriptive information was obtained from field surveys
conducted prior to 1987. Current aerial photographs were
examined to update the existing survey data.

Prepared by: J. Christopher Ludwig

Date: November 1987

PROTECTION AREA SUMMARY

Protection Area Name: Johnson Pond

County: Wicomico USGS Quad: Delmar

SUMMARY OF ECOLOGICAL SIGNIFICANCE:

The Johnson Pond Protection Area contains a large Atlantic
White Cedar (Chamaecyparis thvoides) swamp where Long's
Bittercress (Cardamine longii) can be found. This species is
Endangered in Maryland, is known from fewer than thirty sites
worldwide, and is under consideration by the U.S. Fish and
Wildlife Service as a Federally Endangered Species. Sourwood
(Oxydendrum arboreum) also occurs here; this is the only known
extant Maryland location for this Highly State Rare shrub.

Atlantic White Cedar swamps are becoming increasingly rare
on the Delmarva peninsula and areas this large are particularly
unusual.

ELEMENT SUMMARY TABLE:

Element Name Common Name Status

Cardamine longii Long's Bittercress Endangered

Oxydendrum, arboreum Sourwood Highly
State Rare

Chamaecyparis thvoides Atlantic White Cedar Watch List

OTHER VALUES AND SIGNIFICANCE:

Protecting this wetland would aid in buffering wetlands
downstream along the Wicomico River, much of which is Chesapeake
Bay Critical Area. Additional rare species of plants may be
found if this area is further explored. Atlantic White Cedar
swamps frequently contain unusual species such as Northern
Pitcher-plant and pipewort.

THREATS AND MANAGEMENT NEEDS:

Threats

Active disturbance of the Atlantic White Cedar Swamp (timber
harvest, road construction) will eliminate habitat for the Long's
Bittercress. Disturbance on the uplands of the swamp's watershed

causes heavy siltation of inflowing streams, and could eliminate
habitat or adversely affect the existing population of Long's
Bittercress.

Management Needs:

Artificial management of this habitat is not needed.
Implementation of a monitoring program is recommended to examine
the health of the Long's Bittercress population.

BOUNDARY RECOMMENDATIONS:

The protection area boundary includes the wetland containing
all rare species' habitat and a buffer of upland area. Within
this boundary, active disturbances and threats mentioned above
should be avoided.

SITE DESCRIPTION SUMMARY:

This 105 acre protection area includes a large area of White
Cedar swamp along the Wicomico River upstream from Johnson Pond.
The swamp is a mixture of Atlantic White Cedar, Red Maple, Black
Gum, oaks, and Sweet Gum. Along one of the many streamlets
running through the swamp is a stand of Long's Bittercress.
Bordering the swamp are sandy uplands that are partially forested
and partially developed with industrial parks, roads and parking
lots. The sandy woodlands contain Loblolly Pine and many species
of upland oaks.

Prepared by: J. Christopher Ludwig

Date: October 1987

PROTECTION AREA SUMMARY

Protection Area Name: Plum Creek Powerline Bog

county: Wicomico USGS Quad: Sharptown

SUMMARY OF ECOLOGICAL SIGNIFICANCE:

Plum Creek Powerline Bog is a high quality sphagnum bog
exhibiting a diverse flora, including five species considered
rare in the State. Two-flowered Bladderwort (Utricularia
biflora), a State Endangered species, inhabits the bog and is
known from only one other place in Maryland. Six additional
extant populations of Twisted Spikerush (Eleocharis tortilis) are
.known in this State. Rose Pogonia (Pogonia ophioglossoides), a
Watch List Species, is a very showy orchid which blankets the bog
in late June. Two other Watch List Species, Round-leaved Sundew
(Drosera rotundifolia) and Green Spikerush (Eleocharis olivacea),
also inhabit the bog.

ELEMENT SUMMARY TABLE:

Element Name Common Name Status

Eleocharis tortilis Twisted Spikerush Endangered

Utricularia biflora Two-flowered Highly State
Bladderwort Rare

Drosera rotundifolia Round-leaved Sundew Watch List

Eleocharis olivacea Green Spikerush Watch List

Pogonia ophioglossoides Rose Pogonia Watch List

OTHER VALUES AND SIGNIFICANCE:

Sphagnum bogs are uncommon in Maryland and support
interesting, peculiar plant species. They often harbor several
types of carnivorous plants as well as showy orchids. These
species are especially adapted to the highly acidic environment
and have provided insight into the study of evolutionary
processes.

Most of the sphagnum bogs on the coastal plain are in
powerline right-of-ways. Powerline maintenance sustains an open
canopy. Many wetland plants are shade intolerant and thrive in
these open right-of-ways. Historically, fire and beaver were
largely responsible for the creation and maintenance of inland
freshwater emergent wetlands. Current fire suppression practices

and the decimation of the beaver have-eliminated similar habitat
on the Eastern Shore.

THREATS AND MANAGEMENT NEEDS:

Threats

The major threats to this bog community are certain
detrimental powerline maintenance practices and hydrologic
change. Right-of-way management practices that utilize non-
selective herbicides threaten the rare plant populations. The
use of heavy vehicles can also adversely affect the natural
community by compacting soils, altering local hydrology by
creating ruts, and crushing plants.

Deterioration of the water quality of Plum Creek and
reduction of flow are also threats to the bog. Agricultural
runoff which contains herbicides, pesticides, and fertilizers may
kill certain species, and bring about increased competition from
weedy plants. In addition, forest cutting and alteration of
upstream areas of Plum Creek may upset the hydrologic regime in
the powerline opening.

Management Needs

A management agreement with the utility company is
recommended in order to ensure that powerline maintenance
procedures are consistent with rare plant protection. At
present, current management practices do not appear to be
detrimental to the rare species. However, more information is
needed concerning the effects of right-of-way maintenance on
plant populations. Future study may yield more specific
recommendations.

Land-use activities that affect the creek upstream of the
bog must be monitored to ensure that there are no deleterious
effects downstream. Forest cutting and hydrologic alterations
(those which affect water quality as well as quantity) should be
avoided.

The informal agreement established by The Nature Conservancy
with the landowner should be maintained in order to promote
cooperation in protecting this site.

BOUNDARY RECOMMENDATIONS:

The protection area boundary encompasses the wetlands under
the powerline as well as land that drains into them in order to
protect water quality and flow. The upland that is included
extends from the edge of a farm field on the southwest to the

crest of the hill northeast of Plum Creek. The wetland valleys
upstream are also included, the latter extending to the Maryland-
Delaware border.

SITE DESCRIPTION SUMMARY:

Plum Creek Powerline Bog is a low-lying section of a
Delmarva Power and Light Company right-of-way which is bisected
by Plum Creek. The protection area designated to conserve this
bog encompasses 30 acres. Descriptive information for this site
was provided by The Nature Conservancy. The creek has a narrow
channel with a sandy bottom and originates in Delaware to the
east. Associated with it are a series of springs which surface
under the.powerline and sustain the sphagnous bog. The soils
consist of an organic layer over sand. Grasses, sedges and
rushes as well as sundews, meadow rue, Joe-pye-weed, violets, and
St. John's-wort predominate. Wetland tree saplings and some
weedy plants, such as Virginia Creeper, blackberry, Marsh Rose,
grape, and Bracken Fern may also be seen in the slightly dryer
areas. The uplands under the powerline to both sides are farmed.
Beyond the right-of-way is a forest of Red Maple, Tulip Poplar,
Sweetbay Magnolia, Sweet Pepperbush, and fetterbush.

Prepared by: Abigail Rome

Date: July 1987

PROTECTION AREA SUMMARY

Protection Area Name: Sharptown Bog

County: Wicomico USGS Quads: Sharptown, Hebron

SUMMARY OF ECOLOGICAL SIGNIFICANCE:

Sharptown Bog is a floristically diverse sphagnum bog
containing twelve plants considered rare in Maryland. Five State
Endangered Species inhabit in the bog: Cross-leaved Milkwort
.(Polygala cruciata), Short-beaked Baldrush (Psilocarya nitens),
Water Clubrush (Scirpus subterminalis), Robbins' Spikerush,
(Eleocharis robbinsii), and Pink Bog-button (Sclerolepis
uniflora). Northern Pitcher-plant (Sarracenia purpure@j, is
considered Threatened in Maryland but is well represented at this
site. Also found here are Clustered Beakrush (Rhynchospora
glomerata), considered Highly State Rare, and Smooth Fuirena
(Fuirena pumila), which is State Rare. Finally, four Watch List
Species flourish in the bog: Round-leaved Sundew (Drosera
rotundifolia), Rose Pogonia (Pogonia ophioglossoides), Loose-
headed Beakrush (Rhynchospora chalarocephala), and Radial-leaved
Bladderwort (Utricularia radiata).

Spreading Pogonia (Cleistes divaricata), considered rare
throughout most of its range, has also been reported for this
site. Five individuals were seen here in 1982 but have not been
evident in recent years. Since this species is known to remain
dormant in some years, the status of this population (as well as
the one other similarly elusive Maryland population) is
questionable.

ELEMENT SUMMARY TABLE:

Element Name Common Name Status

Cleistes divaricata Spreading Pogonia Endangered

Eleocharis robbinsii Robbins' Spikerush Endangered

Polygala cruciata Cross-leaved Milkwort Endangered

Psilocarya nitens Short-beaked Baldrush Endangered

Scirrus subterminalis Water Clubrush Endangered

Sclerolepis uniflora Pink Bog-button Endangered

Sarracenia purpurea Northern Pitcher-plant Threatened

Rhynchospora glomerata Clustered Beakrush Highly State
Rare

Fuirena Pumila Smooth Fuirena State Rare

Drosera rotundifolia Round-leaved Sundew Watch List

Pogonia ophioglossoides Rose Pogonia Watch List

Rhynchospora
chalarocephala Loose-headed Beakrush Watch List

Utricularia radiata Radial-leaved Watch List
Bladderwort

.OTHER VALUES AND SIGNIFICANCE:

Most of the sphagnum. bogs on the coastal plain are in
powerline right-of-ways. Powerline maintenance sustains an open
canopy. Many wetland plants are shade intolerant and thrive in
these open right-of-ways. Historically, fire and beaver were
largely responsible for the creation and maintenance of inland
freshwater emergent wetlands. Current fire suppression practices
and the decimation of the beaver have eliminated similar habitat
on the Eastern Shore.

THREATS AND MANAGEMENT NEEDS:

Threats

The major threats to this powerline bog community are
herbicide spraying and hydrologic change. The use of heavy
machinery to apply herbicides or to remove vegetation could
damage or destroy the natural community. Non-selective herbicide
applications could also kill the rare species.

Another threat is nearby timber cutting. Trees are now
being cut selectively in the woods to the northwest of the bog.
Large scale clearing could allow weedy and non-native species to
invade, crowding out the less competitive plants. Current
cutting practices, however, provide no immediate threat.

Management Needs

The high water quality of this creek and the constant flow

must be maintained in order to protection area the bog community.
Therefore, land-use activities which affect the creek upstream
must be monitored. These include agricultural application of
herbicides, pesticides and fertilizers as well as introduction of
sediments into the waterway.

Because the area will continue to be managed as a powerline
right-of-way, removal of woody vegetation will be required. This
should be accomplished by foliar or frill herbicide applications
to individual plants. Administration of chemicals should be
conducted on foot and without heavy machinery which would disrupt
plant habitat.

The size and reproductive success of the rare species
populations should be monitored regularly.

The informal agreement established by The Nature Conservancy
with the landowner should be maintained in order to promote
cooperation in protecting this site.

BOUNDARY RECOMMENDATIONS:

The protection area boundary extends from San Domingo Road
at the downstream end of the swampy section of the creek to its
headwaters. At the lower end it encompasses the land to 300 ft.
on either side of the floodplain. This provides a buffer on all
sides of the powerline opening to prevent land-use changes in the
immediately adjacent areas. Beginning 300 ft. upstream of the
right-of-way, the protection area includes all upstream land
which is within 150 ft. of the creek. By protecting the water
quality of the tributaries, high water quality within the bog
will be ensured.

SITE DESCRIPTION SUMMARY:

The focal point of this 115 acre protection area is an open
sphagnum bog located in a Delmarva Power and Light Company
powerline right-of-way south of Santa Domingo. Descriptive
information for this site was provided by the staff of The Nature
Conservancy. It is part of an unnamed creek which otherwise
flows entirely within the forest. There are two narrow, slow-
moving channels under the powerline as well as several small
seeps. The vegetation is a mix of grasses, sedges, rushes,
meadow-sweet, St. John's-wort, Marsh Fern, sundews, Pink Bog-
button, pitcher-plants, and shrubs such as Speckled Alder and
Sweet Gum.

Bladderworts, arrowhead, pennywort, and mermaid weed inhabit
the stream. The soils are sandy and on the adjacent uplands
(especially to the west) vegetation is sparse, consisting only of
plants which can tolerate a dry substrate with little or no
organic matter. The palustrine forest on either side of the

powerline has a fairly dense shrub understory near the stream,
but is more open in the sandier uplands.

Prepared by: Abigail Rome

Date: July 1987

POSTSCRIPT:

As of September 10, 1987 much of the powerline right-of-way
bog was destroyed. Clearcutting of forest land upstream was
initiated in early August and timber was dragged through the
powerline opening. The soil was*dug up and 80% of the bog
vegetation was destroyed. Large ruts remain in all wetland areas
and the majority of the forested canopy upstream is gone.

In spite of this large scale disturbance, the downstream
section of the bog remains, and representatives of nine of the
twelve rare species have survived. In most cases, population
sizes have been vastly reduced, but viable seed sources may
remain and there is a chance that some species will recover.
Nevertheless, potential threats discussed above have become
real. The loss of forest canopy and large-scale mechanical
disturbance will allow increased sedimentation in the bog and may
change the hydrologic character of the site. In addition, weedy
species will be more likely to invade from open areas upstream.
Therefore, the future of this site for rare and endangered plant
species is uncertain. monitoring of these rare species should
begin immediately.

PROTECTION AREA SUMMARY

Protection Area Name: Spearin Road Powerline

County: Wicomico/Worcester USGS Quad: Salisbury

SUMMARY OF ECOLOGICAL SIGNIFICANCE:

The Spearin Road Powerlines Protection Area has a right-of-
way which is kept free of woody species through active
management. This open habitat has boggy emergent wetlands and
upland meadows where ten rare species occur (see list below). In
pre-settlement history, fires and floods created and maintained
these communities. Since these natural disturbance phenomena are
now artificially suppressed, the only remaining suitable habitat
for species which require these open conditions is along and in
powerline right-of-ways.

The largest State population of Barratt's Sedge (Care
barrattii) occurs in this protection area. This species is
endangered in Maryland, is known from fewer than 100 sites
worldwide, and is under consideration by the U.S. Fish and
Wildlife Service as a Federally Endangered Species. This
population of Dwarf Iris (Iris verna) is also the larger of the
two known populations in Maryland. Nearly one thousand flowering
plants were observed in the powerline in 1987.

In the early 1980's Few-flowered Nutrush (Scleria
pauciflora) was found in this powerline, the only recent sighting
on the Delmarva peninsula. Slender Nutrush (Scleria minor), a
State Endangered Species, was also found - one of two recent
Delmarva sightings.

ELEMENT SUMMARY TABLE:

Element Name Common Name Status

Carex barrattii Barratt's Sedge Endangered

Hypericum gymnanthum Clasping-leaved Endangered
St. John's-wort

Iris verna Dwarf Iris Endangered

Prenanthes autumnalis Slender Rattlesnake- Endangered
root

Rhynchospora torrevana Torrey's Beakrush Endangered

Scleria minor Slender Nutrush Endangered

Amphicarpu purshii Pursh's Amphicarpum Watch List

Crotonopsis elliptica Rushfoil Watch List

Iris prismatica Slender Blue Flag Watch List

Lycopodium alopecuroides Fox-tail Clubmoss Watch List

Pyrrhoparpus
carolinianus False Dandelion Watch List

Scleria pauciflora Pappilose Nutrush Watch List

OTHER VALUES AND SIGNIFICANCE:

With additional investigation, this area should yield
additional rare plants, and may turn up rare moths and
butterflies that favor special plants growing in habitats created
by powerline right-of-ways.

THREATS AND MANAGEMENT NEEDS:

Threats

Non-native weed species are invading the more disturbed
areas of the powerline right-of-way and are competing with native
species. Many of these weeds establish when off-road vehicles
and logging equipment compact and disturb the soils.

Management Needs

Current management practices do not appear to be detrimental
to the rare species populations and habitats. The populations of
rare species and non-native, weedy species should be monitored
regularly. The use of off-road vehicles should be prohibited
within the protection area.

BOUNDARY RECOMMENDATIONS:

The protection area boundary includes all powerline right-
of-way areas containing rare species and a woodland buffer along
the right-of-way. A small portion of a cornfield and Spearin
Road, which bisect the right-of-way, are included due to their
proximity to the rare species habitat. Runoff from the field and
roadside management may affect the rare species.

SITE DESCRIPTION SUMMARY:

The 90 acre protection area contains approximately 1.5 miles
of 100 yd.-width powerline right-of-way. The line runs southwest

to northeast. Bisecting the right-of-way near the northeastern
end is Spearin Road and a cornfield, which extends 200 yds. along
the right-of-way. Northeast of Spearin Road, three rare species,
Clasping-leaved St. John's-wort, Rushfoil, and False Dandelion
are found within 100 yds. of the road. The other rare species
are found southeast of Spearin Road (and the adjacent cornfield).
Both areas have sparse woody vegetation and a rich herbaceous
flora due to periodic herbicide applications. Wetland areas
contain Slender Iris and Barratt's Sedge, while dry areas have
large patches of Wooly Ragwort. Most non-native, weedy species
are found along the powerline right-of-way in three areas: 1)
adjacent to the southwest edge of the cornfield; 2) where heavy
off-road vehicle traffic has occurred in the far southwest
section; and 3) immediately adjacent to Spearin Road.

Prepared by: J. Christopher Ludwig

Date: October 1987

REFERENCES

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

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

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

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

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

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

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

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

Radford, A.E., H.E. Ahles, and C.R. Bell. 1968. Manual 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)

APPENDIX A,

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 Endangered SpecieS Areas are an integral feature of the Critical Areas Criteria
Authority: Natural Resources Article, ��4-2A-01 - 4-2A-09 and (set forth under COMAR 14.15.01 -.11) and by adding this
��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 Threatenedand Endangered Species Program to aid
The proposed action does not affect any threatened and the counties in determining which species within the Crit-
endangered species regulation or designations under ical Area need protection. The Department has available
COMAR 08.02.12 Tidewater Administration. The pro- maps which locate listed species by planning zones and will
posed action includes an increase in the number of wildlife make all this information as readily available as possible.
species on the lists and for the first time includes plants. In The Department has always considered cooperative tfnan-
addition, some species which meet the statutory definition agement agreements with private property owners to be the
of fish because they spend part. of their life cycle in water, best way to preserve and protect habitat critical to threat-
namely, amphibians, reptiles, crustaceans, mollusks and ened and endangered species, and intends to continue to use
only those finfish of the species Blackbanded Sunfish (En- these agreements and other mutually agreeable manage-
neacanthus chaetodon), Maryland - Darter (Etheostoma ment arrangements as much as possible.
sellare), Glassy Darter (Etheostoma vitreum), Stripeback
Darter (Percina notograma) and Trout-Perch (Percopsis om- Estimate of Economic Impact
iscomaycus) are added. The latter species are not game or 1. Summary of Economic Impact. Administrative costs for
sport fish, therefore, are of no commercial significance. The units of the Department of Natural Resources will increase in
lists also contain, for the first time, the names of all those terms of more staff time to address protection of these species, and
species which are federally listed and, therefore, are re some land acquisition costs will be incurred. Local governments
quired by Maryland law to be listed in Maryland. will bear somi costs in addressing protection of the listed species as
The criteria for listing and delisting species are set out part of their Critical Areas programs.
and the process for petitioning the Department to list and . II. 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 ency:
jr@@ssuisng
rea e@%
areissued. s ff 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
private property without the permission of the owner and interests in land Indeterminable
. 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- D. On other industries or trade
ment that section of the law for the first time. Included in
the added prohibitions is an "incidental taking." This is a groups affefted: NONE
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. 'Yncidental taking" means takings of listed species
on public-.
1. Prohibition on taking en- that are incidental to, and not the purpose of, the carrying
dangered wildlife may affect out of an otherwise lawful activity conducted by a person on
some real estate development Indeterminable private property.
2. Protect species' diversity Indeterminable E. "Jeopardize the continued existence of' means to en-
III. Assumptions. (Identified by Impact Letter and Number gage in an action which reasonably would be expected, di-
from Section 11): rectly or indirectly, to reduce appreciably the likelihood of
Al. The amount indicated is a budget enhancement request for either the survival or recovery of a listed species in the wild
six new positions plus support for the Threatened and Endangered
Species program.@ While not all attributable to the listing of species by reducing.the reproduction, numbers, or distribution of a
represented by this regulation, a significant portion of the addition- listed species or otherwise adversely affecting the species.
al staff time for which the new resources will be needed is to meet F. "Listed species" means a species of flora or fauna
the needs of an expanded list of threatened and endangered species. deemed endangered, threatened or in need of conservation in
A2. The amou n@t 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. (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
amount budgeted in FY 1987 for acquisition of interests in property (3) Disease or predation;
for protection of lands that support diverse ecological communities (4) Inadequacy of existing regulatory mechanisms; or
of plants or animal Is, including forestlands, habitats of rare, threat- (5) Other natural or manmade factors affecting the spe.
ened or endangered species, and areas necessary for water-shed 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 .10 in this chapter.
grams will be approximately $2,150,000 for FY 1987. A similar H. "Person" means any county, municipal corporation, or
amount has been requested for FY 1988. The Director of the Crit- otherpolitical subdivision of the State, an individual, corpo-
ical Areas program estimates that between 2 percent and 5 percent ration, receiver, trustee, guardian, executor, administrator,
of these costs may be attributable to that portion of the work in-
volving threatened and endan&red species. ftduciai@, or representative.
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 mariner will have some localized life Service.
impacts on land use, but the impacts are indeterminable at this K. "Species" means any species of wildlife or plant and
time. As to endangered or threatened species of plants, threatened reptiles, amphibians, crustaceans, mollusks and the follow-
species of wildlife, and wildlife species in neeed of conservation, the ing finfish: Enneacanthus chaetodon, Etheostoma sellare,
regulation prohibits only directed efforts to take the species; inci- Etheostoma vitreurn, Percina notograma, Per-copsis omisco-
dental impacts on the species from legitimate uses of land axe not
Ire, the listing of these species will not have an maycus or a
prohibited. Therefo ny 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 Stat46. terinined 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, harrn, pursue, hunt, shoot,
wound, 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 offlora or fau-
es, Tawes State Office Building, Annapolis, 1@01 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 Definitions. 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
B. "Endangered extirpated species" means any species heritage area to or from a list in this chapter. The Director
that was once a viable component of the flora or fauna of the shall review the evidence regarding the requested action and
State but for which no naturally occurring populations are make a recommendation to the Secretary whether or not to
known to exist in the State. Most of these species have not list or delist the species or natural heritage area.
been recorded in Maryland since 1950. B. In a petition to list or delist a natural heritage area,
C "Endangered species" means any species whose contin- the following information shall be provide&
ued existence as a viable component of the State's flora or (1) A map of the proposed natural heritage area.
fauna is determined to be in jeopardy including any species (2) A description of the physical boundaries of the pro-
determ ined to be an "endangered species" pursuant to the posed area, total acreage, landowner name and add-,
federal Endangered Species Act of 1973, 16 US-C ��1531 - (3) A description of the biological community represent-
1543. ed by the natural heritage area including, as far as practi-
cal, a list of the fauna and 17ora 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, or infraspecific taxa of regional or national signill- (a) DearolCs Cave Amphipod (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-
A. Permits to take, transport, possess, sell, offer for sale, lipes).
(4) Insects.
export or import any listed species may be obtained from the (a) Northeastern Beach Tiger-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 Tiger-Beetle (Cicindela puritana),-
B. Each permit shall be subject to an expiration date and (c) Six-Banded Longhorn-Beetle (Dryobius sexnota-
other limitations as may be prescribed by the Director. , tus);
C, Each permit application requesting permission to take .(d) Regql Fritillary (Speyeria idalia).
a listed species from private property shall be accompanied (5) Fish. Maryland Darter (Etheostoma sellare).
by a signed statement from the landowner granting the ap- (6) Amphibians.
plicant permission to enter the property to take the species. (a) Eastern Tiger Salamander (Ambystoma tigrinum),
D. A permit application shall describe the purpose of the (b) Green Salamander (Aneides aeneus);
request in such detail that the Director can determine (c) Hellbender (Cryptobranchus'alleganiensis),-
whether it is in the best interest of the species and the State (d) Eastern Narrow-Mouthed Toad (Gastrophryne
to issue it. carolinensis).
K 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 put-
existence. (8) Birds.
(3) The number of individuals in the occurrences of the (a) Piping Plover (Charadrius melodus);
species in �E(1) and the relative state of eco logical stability. (b) Peregrine Falcon (Fal Ico 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);
A inphibians,.Afollushs, Crustaceans and Finfish. (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 physalusk

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

722 PROPOSED ACTION ON REGULATIONS

(e) Humpback Whale (Megaptera novaeangliae); (28) Cream-Flowered Tick-Trefoil (Desmodium ochro-
(f) Indiana Bat (Myotis sodalis); leucum);
(g) Sperm Whale (Physeter catodon); (29) Rigid Tick-Trefoil (Desmodium rigidum);
(h) Delmarva Fox Suirrel (Sciurus niger cinereus); (30) Pineland Tick-Trefoil (Desmodium strictum);
(i) Water Shrew (Sorex palustris). (31) Pink Sundew (Drosera capillaris);
(32) Log Fern (Dryopteris celsa);
.05 Endangered Species of Plants. (33) Knotted Spikerush (Eleocharis euisetoides);
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 (Euisetum fluviatile);
land and they cover only a small portion of land, (37) Bent-Awn Plumegrass (Erianthus contortus);
(2) Whether the species is restricted to a minimal geo- (38) Parker's Pipewort (Eriocaulon parkeri);
graphic area; (39) White-Bracted Boneset (Eupatorium leucolepis);
(3) Whether the species has experienced a substantial (40) Darlington's Spurge (Euphorbia purpurea);
decline in Maryland, and if the decline continues, the spe- (41) Harper's Fimbristylis (Fimbristylis perpusilla);
cies extirpation from Maryland is imminent, (42) Box Huckleberry (Gaylussacia brachycera);
(4) Whether the species' essential habitat has been rap- (43) Swamp-Pink (Helonias bullata);
idly lost and that loss is likely to continue, (44) Featherfoil (Hottonia inflata);
(5) Whether the species' biology makes it highly suscep- (45) Creeping St. John's-Wort (Hypericum 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 sh all 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-Milfbil (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 Panicgrass (Panicum wrigtianum);
(6) Virginia Heartleaf (Asarum virginicum); (67) Kidneyleaf Grass-of-Parnassus (Parnassia asarifolia);
(7) Red Milkweed (Asclepias rubra); (68) Yellow Nailwort (Paronychia virginica); -
(8) Serpentine Aster (Aster depauperatus); (69) Walter's Paspalum (Paspalum dissectum);
(9) Tickseed Sunflower (Bidens coronata); (70) Canby's Mountain Lover (Paxistima canbyi);
(10) Small Beggar-Ticks (Bidens discoidea); (71) Blue Scorpion-Weed (Phacelia ranunculacea);
(11) (Bidens mitis); (72) Jacob's-Ladder (Polemonium van-bruntiae);
(12) Aster-Like Boltonia (Boltonia asteroides); (73) Cross-Leaved Milkwort (Polygala cruciata);
(13) Grass-Pink (Calopogon tuberosus); (74) Dense-Flowered Knotweed (Polygonum densiflo-
(14) Long's Bittercress (Cardamine longii); rum);
(15) Barratt's Sedge (Carex barrattii); (75) Slender Rattlesnake-Root (Prenanthes autumnal-
(16) Buxbaum's Sedge (Carex buxbaumi); is);
(17) Coast Sedge (Carex exilis); (76) Alleghany Plum (Prunus alleghaniensis);
(18) Giant Sedge (Carex gigantea); (77) Short-Beaked Baldrush (Psilocarya nitens);
(19) (Carexjoorii); (78) Long-Beaked Baldrush (Psilocarya scirpoides);
(20) Dark Green Sedge (Carex venusta); (79) Harperella (Ptilinium nodosum);
(21) Marsh Wild Senna (Cassia fasciculata var. macros- (80) One-Sided Pyrola (Pyrola secunda);
perma); (81) Yellow Water-Crowfoot (Ranunculus flabellaris);
(22) Spreading Pogonia (Cleistes divaricata); (82) (Rhynchosia tomentosa);
(23) Wrinkled Jointgrass (Coelorachis rugosa); (83) Short-Bristled Hornedrush (Rhynchospora cornicu-
(24) Wister's Coralroot (Corallorhiza wisteriana); ata);
(25) Fraser's Sedge (Cymophyllus fraseri); (84) Thread-Leaved Beakrush (Rhynchospora filifolia);
(26) Smooth Tick-Trefoil (Desmodium laevigatum); (85) Grass-Like Beakrush (Rhynchospora globularis);
(27) Linear-Leaved Tick-Trefoil (Desmodium lineatum);

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

PROPOSED ACTION ON REGULATIONS 723

(86) Clustered Beakrush (Rhynchospora glomerata); (33) Chaffweed (Centunculus minimus);
(87) Drowned Hornedrush (Rhynchospora inundata); (34) Purple Clematis (Clematis occidentalis);
(88) Torrey's Beakrush (Rhynchospora torreyana); (35) Curly-Heads (Clematis ocroleuca);
(89) Sacciolepis (Sacciolepis striata); (36) Rose 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 pluketii);
(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 strictum);
(100) Fringed Yelloweyed-Grass (Xyris fimbriata); (46) Seven-Angled Pipewort (Eriocaulon septangulare);
(101) Small's Yelloweyed-Grass (Xyris smalliana); (47) Tall Rattlesnake Master (Eryngium yuccifolium);
(48) (Festuca paradoxa);
.06 Endangered Extirpated Species. (49) Pumpkin Ash (Fraxinus profunda);
A. Listing Criteria. The following factors shall be consid- (50) Small Bedstraw (Galium trifidum);
ered for listing a species as endangered extirpated; (51) (Gentiana puberula);
(1) The species was once a viable component of the (52) Sea Milkwort (Glaux maritima);
State's flora and fauna and there are no records of it natu- (53) Sharp-Scaled Mannagrass (Glyceria acutiflora);
rally occurring in Maryland after 1950, or (54) Dwarf Rattlesnake-Plantain (Goodyera repens);
(2) The species was once a viable component of the (55) Tesselated Rattlesnake-Plantain (Goodyera tessela-
State's flora or fauna and recent scientific investigations ta);
have documented the loss of its habitat or disappearance of
its population in Maryland. (56) (Gratiold ramosa);
B. Permits. Upon the discovery of a viable, naturally oc- (57) Rough Heuchera (Heuchera villosa);
(58) Sea-Beach Sandwort (Honkenya peploides);
curring population of any species in ��C - H, that species (59) Nits-and-Lice (Hypericum drummondii);
will be considered an endangered species and shall require (60) Clasping-Leaved St. John's-Wort (Hypericum gym-
the permits and conditions afforded to that status. nanthum);
C. The following plant species are considered endangered (61) Great St. John's-Wort (Hypericum pyramidaturn);
extirpated throughout Maryland: (62) Bloodleaf (Iresine rhizomatosa);
(1) Pine-Barren Gerardia (Agalinis virgata); (63) Small Whorled Pogonia (Isotria medeoloides);
(2) Rough-Stemmed Wheatgrass (Agropyron trachycau- (64) Small-Headed Rush (Juncus brachycephalus);
lum); (65) New Jersey Rush (Juncus caesariensqis);
(3) Golden Colicroot (Aletris aurea); (66) (Juncus megacephalus);
(4) Beach Pigweed (Amaranthus pumilus); (67) Bayonet Rush (Juncus militaris);
(5) Canada Anemone (Anemone canadensis); (68) Torrey's Rush (Juncus torreyi);
(6) Great Angelica (Angelica atropurpurea); (69) Common Juniper (Juniperus comminis);
(7) Filmy Angelica (Angelica triquinata); (70) Narrow-Leaved Pinweed (Lechea tenuifolia);
(8) Arethusa (Arethusa bulbosa); (71) Catchfly-Grass (Leersia lenticularis);
(9) Lake Cress (Armoracia aquatica); (72) Long-Awned Diplanche (Leptochloa fascicularis);
(10) Bradley's Spleenwort (Asplenium bradleyi); (73) Fall Witchgrass (Leptoloma cognatum);
(11) Steele's Aster (Aster concinnus); (74) Scaly Blazing-Star (Liatris squarrosa);
(12) Silvery Aster (Aster concolorq); (75) American Lovage (Ligusticum canadense);
(13) Showy Aster (Aster spectabilis); (76) American Frog's-Bit (Limnobium spongia);
(14) (Axonopus furcatus); (77) Twinflower (Linnaea borealis);
(15) Mat-Forming Water-Hyssop (Bacopa stragula); (78) Florida Yellow Flax (Linum floridanum);
(16) Sea Oxygyne (Borrichia frutescens); (79) Heartleaf Twayblade (Listera cordata);
(17) Triangle Grape-Fern (Botrychium lanceolaturn); (80) (Lobelia glandulosa);
(18) Leathery Grape-Fern (Botrychium multifidurn); (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 muhlenbergiqi); (83) (Matelea decipiens);
(22) (Carex careyana); (84) (Matelea obliqua);
(23) Qypress-Knee Sedge (Carex decomposita); (85) Broad-Leaved Bunchflower (Melanthium latifoli-
(24) (Carex foenea); um);
(25) (Carex glaucesceas); (86) Nuttall's Micranthernum (Micranthernum micran-
(26) Lake-Bank Sedge (Carex lacustris); thernoides);
(27) New England Sedge (Carex novae-angliae); (87) Evergreen Bayberry (Myrica heterophylla);
(28) Variable Sedge (Carex polyrnorpha); (88) Thread-Like Naiad (Najas gracillima);
(29) (Carex striatula); (89) Northern Panicgrass (Panicum boreale);
(30) (Carex tenera); (90) May Grass (Pharlaris caroliniana);
(31) (Carex tetanica); (91) (Phlox carolinaq);
(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 Maryland.
(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) Mar'ten'(Martes americana).
(102) Flatstem Pondweed (Potamogeton zosteriformis), .07 Threatened Species of Wildlife, Reptiles, Amphibi-
(103) Pale Mannagrass (Puccinellia pallida), ans, Mollusks, Crustaceans, and Finfish.
(104) Awned Mountain-Mint (Pyenanthemum setasurn); A. Listing Criteria. The following factors shall be consid-
(105) Greenish-Flowered Pyrola (Tyrola virens), ered for listing species other than plant species as threat-
(106) (Ranunculus hederaceus); ened:
(107) Bristly Crowfoot (Ranunculus pensylvanicus);
(108) Awned Meadow-Beauty (Rhexia aristosa); (1) Whether the species has experienced a steady, sub-
(109) Tiny-Readed Beakrush (Rhynchospora microce- stantial decline in Maryland, and if the decline continues,
phala); the species is likely to become endangered;
(I 10) Few-Flowered Beakrush (Rhynchospora rariflora),- (2) %%ether 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.
t B. Permits. The permit procedures to be followed are set
(115) Lance-Leaved Sabatia (Sabatia difformis),
(116) Slender Arrowhead (Sagittaria teres), forth in Regulation .03. The followir!g apply.
(117) Shining Willow (Salix lucida); (1) Except by special permit frorri'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
on
(123) Small Skullcap (Scutellaria parvula),- ly 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
awareness regarding the species.
(128) Indian-Pink (Spigelia marilandica),
(129) (Stachys aspera),- (3) Incidental taking of a threatened wildlife, reptile,
(130) Trailing Stitchwort (Stellaria alsine); amphibian, mollusk, crustacean or finfish species shall be
(131) (Tephrosia spicata); allowed only after the Director has been notified 30 days -in
(132) Coastal False Asphodel (Tofteldila 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 re/7exum); The Maryland Forest, Park and Wildlife Service, upon re-
(135) (Triglochin, striaturn); ceipt 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 floridana). (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 Maryland: Greater Siren (Siren (2) Insects. Rare Skipper (Problema bulenta).
lacertina). (3) Reptiles.
F The following reptile species is considered endangered (a) Atlantic Loggerhead Turtle (Caretta caretta);
extirpated throughout Maryland: Rainbow Snake (Farancia (b) Atlantic Green Turtle (Chelonia mydas).
erytrogramma). (4) Birds. Black Skimmer (Rynchops niger).
G. The following bird species are considered endangered .08 Threatened Species ofPlants.
extirpated throughout, Maryland: A. Listing Criteria. The following factors shall be consid-
(1) Bachman's Sparrow (Aimophila aestivalis); ered for listing a plant species as threatene&
(2) I'vory-Billed Woodpecker (Campephilus principalis); (1) Whether the species has experienced a substantial
(3) Lark Sparrow (Chondestes grammacus); decline in Maryland, and if the decline continues, the species
(4) Eskimo Curlew (Numenius borealis); is likely to become endangered;

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

PROPOSED ACTION ON REGULATIONS 725

(2) Whether there has been a steady widespread loss of (a) Scientific research designed to enhance the recov-
the species' essential habitat; or ery of the species or population;
(3) Whether the species has been listed as endangered (b) Other valid scien-tific 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 apily: 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 anv threatened plant species from private (a) Henslow's Sparrow (Ammodramus henslowii),-
property without the written permission of the landowner. (b) Short-Eared Owl (Asio flammeus),
C. The following plant species are considered threatened (c) American Bittern (Botaurus lentiginosus);
throughout Maryland unless a smaller range is indicated: (d) Sedge Wren (Cistothorus platensis);
(1) Single-Headed Pussytoes (Antennaria solitaria); (e) Little Blue Heron (Egretta caerulea),
(2) Giant Cane (Arundinaria gigantea), (f) Common Moorhen (Gallinula chloropus);
(3) Glade Fern (Athyrium pycnocarpon),- (g) American Oystercatcher (Haernatopus palliatus);
(4) Maryland Bur-Marigold (Bidens bidentoides); (h) Least Bittern (Ixobrychus exilis);
(5) Button Sedge (Carex bullata), W Black Rail (Laterallus jamaicensis);
(6) Shoreline Sedge (Carex hyalinolepis); 6;) Swainson's Warbler (Limnothlypis swainsonii),
(7) Inflated Sedgi (Carex vesicaria); (k) Least Tern (Sterna antillarum).
(8) Leatherleaf (Chamaedaphne calyculdta); (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),
Zia), (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); tage area a natural community shalk
(16) Red Bay (Persea borbonia); (1) Contain one or more threatened or endangered spe-
(17) Pale Green Orchis (Platanthera flava); ci.es or wildlife species in need of conservation,
(18) Purple Fringeless Orchis (Platanthera peramoena);
(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-Pleint (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 (Taenidia montana); The maps shall be filed in the office of the Director of the
(25) Steele's Meadowrue (Thalictrum steeleanum); Forest, Park and Wildlife Service, Department of Natural
(26) Kate's-Mountain Clover (Trifolium virginicum); Resources, Thwes State Office Building, Annapolis, MD
(27) Dwarf Trillium (Trillium pusillum),- 21401.
(28) Purple Bladderwort (Utricularia purpurea). C The following areas are designated natural heritage ar-
eas:
.09 Species in Need of Conservation. (1) Kasecamp Shale Barrens ......... Allegany County;
A. Listing Criteria. The following factors shall be consid- (2) Maple Run ...................... Allegany County;
ered for listing a species as in need of conservation: (3) Outdoor Club Shale Barrens ...... Allegany County,-
(1) Whether the population is limited or declining with- (4) Sideling Hill Creek . Allegany, Washington County;
in Maryland; and (5) Cypress Creek Swamp ....... Anne Arundel County,
(2) Whether the species may become threatened in the (6) Eagle Hill Bog ............... Anne Arundel 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 Coun@y;
port, possess, process, sell, offer for sale, deliver, carry, trans- (10) Camp Roosevelt Cliffs ............ Calvert County;
port, or ship by any means any species in need of conserva- (11) Cove Point Marsh ................ Calvert Courlt@)"-
tion. (12) Flag Ponds ...................... Calvert Cou it @y;
(2) Permits to take species in need of conservation shall (13) Randle Cliff Beach ............... Calvert Count.1,;
be issued onlY for:

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

726 PROPOSED ACTION ON REGULATIONS

(14) Grove Neck ........................ Cecil County; 11. Types of
(15) Plum Creek ........................ Cecil County, Economic bnpacts. Revenue
Expense Magnitude
(16) Allen's Fresh .................... Charles County;
(17) Chicamuxen Creek ............... Charles County; A. On issuing agency:
(18) Popes Creek ..................... Charles County; The Department expects an in-
crease in workload as a result of
(19) Upper Nanjemoy Creek ........... Charles County; the deletion of certain exemp-
(20) Chicone Creek ................ Dorchester County; tions. $141,000
(21) Mill Creek .................... Dorchester County; B. On other State or local
(22) Savanna Lake ................ Dorchester County; agencies affected:
(23) Upper Black water River ....... Dorchester County; Additional cost to prepare sub-
mittals to the Department for re-
(24) Upper Nanticoke River, Marshes view and approval. Indeterminable.
and Swamps ...... Dorchester, Wicomico County; Depends on
(25) High Rock ...................... Garrett County, amount of
(26) Toliver Run ..................... Garrett County; applications
(27) Great Fa"Ils ................. Montgomery County; received from
(28) Irish Grove .................... Somerset County; C. On regulated industries or other agencies.
(29) Hickory Point Cypress Swamp ... Worcester County, trade groups:
(30) Lower Nassawango Creek ....... Worcester County; 1. Additional cost to prepare
engineered submittals to the
(31) Mattaponi .................... Worcester County; Department for review and ap.
(32) North Sirtepuxent Bay Dunes .... Worcester County. proval. $500,000
2. Cost to persons obtaining
.11 Violation ofRegulations. a permit due to processing
Violation of these egulat'ons is a misdemeanor punish- time. $87,250
able under Natural ;esources Articles, ��10-2A-07, 10-1101 3. Time delay for those proj
ects that require an adminis-
et seq., 4-2A-OZ and 4-1201 et seq., Annotated Code of Mary- trative opportunity for a pub-
land. lic hearing. $105,000
D. On other industries or
TORREY C. BROWN, M.D. trade groups affected:
Certain delays in starting the
Secretary of Natural Resources intended works may be incurred
to the permit applicant as a re-
sult of the regulatory process.
These delays could be borne by
trade groups or subcontractors
as a result of scheduling prob-
Subtitle 05 WATER RESOURCES lems. Determined on
ADMINISTRATION a case-by-case
basis but could
result in lost
08.05.03 Construction on Non-Tidal Waters earnings to
and Floodplains E. Direct and indirect effects trade groups.
Authority: Natural Resources Article ��8-801 thru 8-814, on public: Could be very
Annotated Code of Maryland large,
III. 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 I engineering and 2 inspector positions will be required.
environmentally sensitive areas of the State's waterways. B. An estimated expense to other State and local agencies would
be based upon the time and material required to prepare permit
Estimate of Economic Impact applications. * estimated increase in permit applications of 200
C.1. Given an
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
from the Department. Permits are obtained following the submittal project cost of $25,000.
of an application and accompanying documentation prescribed in C.3. This cost is based on a minimum time delay of 2 additional
COMAR. Regulation s@ 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

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