Endangered and Threatened Species - Incidental Taking - Bats
Summary
SB 946 authorizes the Maryland Secretary of Natural Resources to issue incidental taking permits for certain bat species: the Indiana bat, eastern small-footed bat, northern long-eared bat, and tricolored bat. The bill creates a new statutory section allowing a permit when an applicant submits a conservation plan describing the expected impact of the taking, mitigation steps, funding, alternative actions considered, and any other measures the Secretary requires. The Secretary must also find that the taking will not appreciably reduce the species’ survival or recovery in the wild, that impacts will be minimized and mitigated to the extent practicable, that adequate funding exists, and that required federal authorization has been obtained.
The bill fits into Maryland’s endangered species law by adding bat-specific incidental take authority alongside existing protections for endangered and threatened wildlife and plants. It does not remove species protections generally; rather, it creates a narrow permitting pathway for otherwise prohibited incidental take, subject to conservation planning and regulatory oversight. The new authority takes effect October 1, 2025, and the Secretary is authorized to adopt regulations to implement and enforce it.
Impact
SB 946 amends Maryland’s Natural Resources Article, specifically § 10-2A-05, and adds a new § 10-2A-05.3 to create a bat-specific incidental take permit process. This expands the Secretary of Natural Resources’ permitting authority beyond the existing Delmarva fox squirrel provision in § 10-2A-05.2, while leaving the underlying prohibitions on taking, possessing, transporting, or selling endangered species in place except where permits or other statutory exceptions apply. The bill primarily affects developers, landowners, utilities, and other applicants whose projects may incidentally affect listed bat species, as well as the Department of Natural Resources, which must review conservation plans and make the required findings.
Sentiment
The bill appears to have been broadly supported and noncontroversial in the legislature. It passed the Senate 47-0 and the House 131-0, indicating unanimous approval in both chambers. No committee transcript excerpts were provided, and the voting record suggests consensus around creating a controlled permitting mechanism for bat conservation and project compliance.
Contention
There is little evidence of significant contention in the available record. The main policy balance in the bill is between species protection and allowing limited incidental take for projects that cannot avoid impacts. Any potential concerns would likely center on whether the conservation-plan requirements and Secretary findings are sufficiently protective of bat populations, versus whether the permit process provides needed flexibility for regulated activities. The unanimous votes suggest those issues were not politically divisive in this case.
Reforms the organizational structure for the Department of Transportation and Development including its duties, powers, and responsibilities of officers and employees (EN INCREASE SD EX See Note)
A bill for an act providing for certain business entities acting under the jurisdiction of the secretary of state by providing for the removal of information from a filing based on a sworn affidavit and administrative dissolution based on the response to interrogatories.(See HF 2678.)