# Natural Resources (GNR)

## Title 10. Wildlife

### Subtitle 1. In General

#### Section 10-101

(a) In this title the following words have the meanings indicated.

(b)

  (1) "Closed season" means the time when a person may not hunt any game bird or mammal.

  (2) "Closed season" includes any period of time not included within the open season.

(c) "County" includes Baltimore City unless otherwise indicated.

(d) "Department" means Department of Natural Resources.

(e)

  (1) "Federal facility" means federal land in the State.

  (2) "Federal facility" includes military bases, national wildlife refuges, and units of the national park system.

(f) "Forest game birds and mammals" means forest game birds (ruffed grouse and turkey) and forest game mammals (black bears, deer, fox squirrels, excluding the Delmarva subspecies, and gray and red squirrels) or any part, egg, offspring, or dead body of any of them.

(g) "Fur" or "pelt" means any raw, green, or cured skin and fur of any wild quadrupeds.

(h) "Fur-bearing mammal" means any coyote, raccoon, bobcat, opossum, beaver, mink, muskrat, otter, fox, skunk, fisher, and long-tailed weasel, or any part, offspring, or dead body of any of them.

(i) "Game birds or mammals" means the species defined as forest game birds and mammals, fur-bearing mammals, upland game birds and mammals, and wetland game birds or any part, egg, offspring, or dead body of any of them.

(j) "Green pelt" means a pelt which is not dried, cured, or tanned.

(k)

  (1) "Hunt" means to pursue, capture, catch, kill, gig, trap, shoot, or attempt to pursue, capture, catch, kill, gig, trap, or shoot, or in any manner reduce any bird or mammal to personal possession.

  (2) "Hunt" excludes the sport of fox chasing.

(l) "Migratory game bird" means any wetland game bird, dove, or woodcock or any part, egg, offspring, or dead body of any of them.

(m) "Nighttime" means the time beginning one-half hour after sunset and ending one-half hour before sunrise the following day, as published in the Department's hunter's guide, unless this title provides otherwise.

(n) "Nongame birds and mammals" means every wild mammal and bird not classified as game birds and mammals or any part, egg, offspring, or dead body of any of them.

(o)

  (1) "Open season" means the time when a person lawfully may hunt game birds and mammals.

  (2) "Open season" includes both the first and last day of the season or period designated by this title.

(p) "Person" means the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.

(q) "Poaching" means the illegal hunting, killing, or taking of game.

(r) "Protected birds" means any wild bird not included within the definition of "game bird" or "unprotected bird" or any part, egg, offspring, or dead body of any of them.

(s) "Resident" includes a member of the armed forces of the United States who is on active duty and stationed officially in the State.

(t) "Secretary" means the Secretary of Natural Resources.

(u) "Unprotected bird" means any English sparrow, pigeon, or European starling or any part, egg, offspring, or dead body of any of them.

(v) "Unprotected mammal" means nutria and woodchuck.

(w) "Upland game birds and mammals" means upland game birds (blackbirds, crows, doves, pheasant, quail, and woodcock) and upland game mammals (rabbit and hare) or any part, egg, offspring, or dead body of any of them.

(x) "Waterfowl processing operation" means receipt or possession of any wild waterfowl for the purpose of picking for a fee or other consideration.

(y) "Wetland game birds" means brant, coots, ducks, gallinules, geese, mergansers, rails, snipe, and swan or any part, egg, offspring, or dead body of any of them, including birds raised in captivity and released to the wild or otherwise used for hunting purposes.

(z) "Wild birds" means every bird wild by nature or any part, egg, offspring, or dead body of any of them.

(aa) "Wild mammal" means every mammal wild by nature or any part, egg, offspring, or dead body of any of them.

(bb) "Wild quadruped" means any species of wildlife having 4 feet or any part, egg, offspring, or dead body of any of them.

(cc) "Wild waterfowl" means brant, coots, ducks, geese, mergansers, and swans or any part, egg, offspring, or dead body of any of them, including birds raised in captivity and released to the wild or otherwise used for hunting purposes.

(dd)

  (1) "Wildlife" means, except as provided in Sec. 10-2A-01 of this title, every living creature, not human, wild by nature, endowed with sensation and power of voluntary motion.

  (2) "Wildlife" includes mammals, birds, amphibians, and reptiles which spend a majority of their life cycle on land or any part, egg, offspring, or dead body of any of them.

#### Section 10-102

(a) The General Assembly finds that:

  (1) Hunting is a valued part of the State's cultural and social heritage that provides unique recreational benefits to residents of the State; and

  (2) Hunting plays an important part in the State's economy by contributing to tax revenues and employment and, through the receipt of federal funds, supports the conservation, preservation, and management of the State's wildlife, natural areas, and related resources.

(b) It is the intent of the General Assembly that residents of the State have a right to hunt subject to regulations and restrictions under laws that the General Assembly enacts.

#### Section 10-103

(a) In this section, "Program" means the Wildlife Conservation, Education, and Outreach Program.

(b) There is a Wildlife Conservation, Education, and Outreach Program in the Department.

(c) The purpose of the Program is to:

  (1) Provide outreach on outdoor recreation and stewardship to suburban and exurban community leaders, organizations, schools, and universities;

  (2) Connect elementary and middle school students, their parents, and university students located in suburban and exurban areas to outdoor recreation and stewardship opportunities;

  (3) Foster interest in the use of private land and undeveloped public land for outdoor recreation; and

  (4) Foster interest in hunting and wildlife conservation.

(d) The Department, in consultation with Program staff, shall develop a plan to increase engagement of communities that historically have not had access to hunting and conservation programs and engagement of veterans in:

  (1) Outdoor recreation and stewardship;

  (2) Hunting; and

  (3) Wildlife conservation.

### Subtitle 2. Organization and Authority of Unit Pertaining to Wildlife -- in General

#### Section 10-202

(a) The Secretary is responsible for conservation and management of wildlife and wildlife resources of the State.

(b) The Secretary shall provide for a statewide system of assistance to local political subdivisions regarding the disposition of wild animals. Assistance may include field services, training, or payment to local political subdivisions for wildlife control in accordance with procedures and plans agreed to between the Department and the local political subdivisions.

#### Section 10-202.1

(a) The Secretary shall develop, adopt, and implement a comprehensive nutria management plan to eradicate the species Myocastor coypu (nutria) from the State.

(b) In addition to any funding provided under Sec. 10-308.1 of this title, the Department shall seek funding from federal, private, and other sources to implement fully the nutria management plan until nutria are eradicated from the State.

#### Section 10-203

Every right, power, duty, obligation, and function previously conferred upon or exercised by the Department of Game and Inland Fish or the Fish and Wildlife Administration is transferred to and may be exercised by the Department. Every reference to the Department of Game and Inland Fish or the Fish and Wildlife Administration which appears in the Code, in any other State law, or in any ordinance, resolution, regulation, legal action, directive, or document means the Department.

#### Section 10-204

(a) There is a Wildlife Advisory Commission in the Department.

(b) Notwithstanding any other provision of this article, a member of the Fish and Wildlife Commission as of June 30, 1972, may serve the unexpired remainder of the member's term as a member of an advisory commission created by law.

#### Section 10-205

(a) Having a due regard for the distribution, abundance, economic value, and breeding habits of wildlife, the Secretary may adopt regulations to enlarge, extend, restrict, or prohibit hunting, possessing, selling, purchasing, shipping, carrying, transporting, or exporting wildlife.

(b) Notwithstanding any other provision of law, the Department may use a lottery-based system to issue hunting licenses, permits, or stamps.

#### Section 10-206

(a) The Department may reduce the wildlife population in any county, election district, or other identifiable area of the State after a thorough investigation reveals that protected wildlife is seriously injurious to agricultural or other interests in the affected area. The method of reducing the wildlife population is at the Department's discretion, except that trapping is preferred whenever feasible. The Department shall dispose of wildlife taken pursuant to the provisions of this section as the Department deems advisable.

(b)

  (1) In this subsection, "deer damage" includes:

    (i) Widespread damage caused by deer, including the elimination of forest understory, tree regeneration, and native plants; and

    (ii) The destruction of agricultural crops caused by deer.

  (2) The Department may authorize the reduction of the deer population on any single, contiguous property of at least 10 acres where the Department has documented deer damage.

  (3)

    (i) The method of reducing the deer population:

      (1) Is at the Department's discretion; and

      (2) Subject to subparagraph (ii) of this paragraph, may include the issuance of a permit to a property owner, or the property owner's employee, lessee, or agent, to shoot deer on the property on Sundays.

    (ii) A permit issued under subparagraph (i)2 of this paragraph:

      (1) May not authorize hunting on Sundays in:

      (A) Baltimore City;

      (B) Baltimore County;

      (C) Howard County; or

      (D) Prince George's County; and

      (2) Shall prohibit deer hunting on Sundays during deer firearms season within 150 yards of a Department trail designated for bicycling, hiking, equestrian use, or other active or passive recreational use.

  (4) The Department shall:

    (i) Map areas of the State to which a permit may apply under this subsection; and

    (ii) Make the maps readily available to the public.

#### Section 10-207

The Department may not pay bounties for any wildlife.

#### Section 10-208

The State assents to the provisions of the act of Congress entitled "An Act to provide that the United States shall aid the state in wildlife-restoration projects, and for other purposes", approved on September 2, 1937, Public Law 415, 75th Congress, 50 Stat. 917. The Department shall perform every act necessary to conduct and establish administrative cooperative wildlife-restoration projects as defined in this act of Congress in compliance with this act of Congress and regulations the United States Secretary of Agriculture adopts pursuant to this act of Congress.

#### Section 10-209

(a) In this section, "Fund" means the State Wildlife Management and Protection Fund.

(b) There is a State Wildlife Management and Protection Fund in the Department.

(c) The purpose of the Fund is to finance the scientific investigation, protection, propagation, and management of wildlife.

(d) The Department shall administer the Fund.

(e)

  (1) The Fund is a special, nonlapsing fund that is not subject to Sec. 7-302 of the State Finance and Procurement Article.

  (2) The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.

(f) The Fund consists of:

  (1) Any money received for a license, stamp, application, or permit fee under this title, unless otherwise provided;

  (2) Any investment earnings of the Fund; and

  (3) Fines and restitution paid for violations relating to wildlife trafficking under Subtitle 2B of this title.

(g) The Fund may be used only for:

  (1) The scientific investigation, protection, propagation, and management of wildlife; and

  (2) Administrative costs calculated in accordance with Sec. 1-103(b)(2) of this article.

(h)

  (1) The Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

  (2) Any investment earnings of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund.

(i) Expenditures from the Fund may be made only in accordance with the State budget.

#### Section 10-210

In the planning of sampling methods and the compilation of estimates of the number of wild waterfowl in the State, the Department shall take advantage of other surveys made by reliable organizations including, but not limited to:

(1) The Grand National Waterfowl Hunt, Incorporated; and

(2) The Maryland Outfitters Association.

#### Section 10-211

(a) The Department shall establish a program to control the population of the nonnative bird species known as the mute swan.

(b) The program established under this section, where appropriate, may include:

  (1) The managed harvest of adult mute swans; and

  (2) The solicitation of licensed hunters to participate in the managed harvest of adult mute swans established under this subsection.

#### Section 10-212

(a) The General Assembly finds and declares that:

  (1) Hunting is an important and traditional activity in which 14,000,000 Americans who are at least 16 years old participate;

  (2) Hunters have been and continue to be among the foremost supporters of sound wildlife management and conservation practices in the United States;

  (3) Hunters and hunting organizations provide direct assistance to wildlife managers and enforcement officers of federal, state, and local governments;

  (4) Fees for hunting licenses, permits, and stamps, and taxes on goods used by hunters, have generated billions of dollars for wildlife conservation, research, and management;

  (5) Hunting is an essential component of effective wildlife management, as it is an important tool for reducing conflicts between people and wildlife and provides incentives for the conservation of wildlife, habitats, and ecosystems on which wildlife depends;

  (6) Hunting is an environmentally acceptable activity that occurs and can be provided for on State public lands without adverse effects on other uses of the lands; and

  (7) Poaching, as defined in Sec. 10-101 of this title, is not only a violation of the public trust doctrine, but also violates the tenets of sound wildlife management and conservation practices strictly adhered to by law-abiding sportsmen and sportswomen who deem the act intolerable.

(b) The Department shall:

  (1) Keep land managed by the Department open for hunting unless the Department determines that the land must be closed for reasons of public safety, fish or wildlife management, or homeland security, or as otherwise required by law;

  (2) Manage land under its authority to support, promote, and enhance hunting opportunities to the extent authorized under State law; and

  (3) Manage land under its authority to prevent, to the greatest practical extent, any net loss of acreage available for hunting opportunities on land managed by the Department.

(c) By October 1, 2006, and each year thereafter, the Department shall submit to the General Assembly, in accordance with Sec. 2-1257 of the State Government Article, a report describing the land managed by the Department that:

  (1) The Department closed to hunting during the previous year and the reasons for the closures; and

  (2) To comply with subsection (b) of this section, the Department opened to hunting during the previous year to compensate for the acreage closed as described under item (1) of this subsection.

#### Section 10-213

(a) In this section, "Program" means the Venison Donation Grant Program established under this section.

(b) There is a Venison Donation Grant Program in the Department.

(c) The purpose of the Program is to provide grants to defray the costs of butchering and processing deer that are donated to venison donation programs in the State.

(d) Subject to availability of funds appropriated to the Program, a county, a municipal corporation, or an organization that is exempt from taxation under Sec. 501(c)(3) of the Internal Revenue Code may apply for a grant from the Program for the costs of butchering and processing deer that:

  (1) Are hunted in compliance with State hunting laws and regulations;

  (2) Are donated to a program administered by the applicant that provides nutritional support or food for low income individuals or the homeless; and

  (3) Have a dressed weight of at least 50 pounds.

(e) The Department shall approve applications for grants from the Program on a first-come, first-served basis.

### Subtitle 2A. Nongame and Endangered Species Conservation Act

#### Section 10-2A-01

(a) In this subtitle the following words have the meanings indicated.

(b)

  (1) "Conserve" means to use all methods and procedures for the purpose of increasing the number of individuals within species or populations up to the optimum carrying capacity of their habitat and maintaining these levels.

  (2) "Conserve" includes all activities associated with scientific resources management such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, and transplantation, including the periodic or total protection of species or populations as well as regulated taking.

  (3) With respect to endangered and threatened species, "conserve" means to use all methods and procedures including those described in this subsection which are necessary to bring any endangered or threatened species to the point at which the measures provided for these species pursuant to this subtitle are no longer necessary, except that regulated taking as a method and procedure shall be limited to the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved.

(c) "Ecosystem" means a system of living organisms and their environment, each influencing the existence of the other and both necessary for the maintenance of life.

(d)

  (1) "Endangered species" means any species whose continued existence as a viable component of the State's wildlife or plants is determined to be in jeopardy.

  (2) "Endangered species" includes any species of wildlife or plant determined to be an "endangered species" pursuant to the Endangered Species Act.

(e) "Endangered Species Act" means the Endangered Species Act of 1973, 87 Stat. 884.

(e-1) "Foreseeable future" means as far into the future as the Department can make reasonably reliable predictions, on a case-by-case basis, about the threats to a species of wildlife or plant and the species' response to those threats:

  (1) Using the best available data; and

  (2) Taking into account considerations including:

    (i) The species' life-history characteristics;

    (ii) The projected time frame of the threat; and

    (iii) Environmental variability.

(e-2)

  (1) "Harm" means an act that kills or injures wildlife.

  (2) "Harm" includes an act that significantly modifies or degrades a habitat, thereby killing or injuring wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, and sheltering.

(f) "Incidental taking" means the taking of listed species that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity.

(g) "Nongame species" means any wildlife species not legally classified as game birds or mammals, threatened species, or an endangered species by statute or regulation of the State.

(h) "Optimum carrying capacity" means that point at which a given habitat can support healthy populations of wildlife species, having regard to the total ecosystem, without diminishing the ability of the habitat to continue that function.

(i)

  (1) "Plant" means any member of the plant kingdom.

  (2) "Plant" includes seeds, roots, and other parts of the plant.

(j) "Species" includes any subspecies of wildlife or plant and any other group of wildlife of the same species or smaller taxa in common spatial arrangement that interbreed when mature.

(k) "Take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.

(l) "Threatened species" means any species of wildlife or plants which appears likely, within the foreseeable future, to become endangered including any species of wildlife or plant determined to be a "threatened species" pursuant to the Endangered Species Act.

(m)

  (1) "Wildlife" means any nondomesticated species or subspecies of the animal kingdom.

  (2) "Wildlife" includes:

    (i) Mammals, birds, amphibians, mollusks, invertebrates, crustaceans, and reptiles that spend a majority of their life cycle on land; and

    (ii) Any part, egg, offspring, product, or dead body of any wildlife.

#### Section 10-2A-02

(a) The General Assembly finds that:

  (1) It is the policy of the State to conserve species of wildlife for human enjoyment, for scientific purposes, and to insure their perpetuation as viable components of their ecosystems;

  (2) Species of wildlife and plants normally occurring within the State which may be found to be threatened or endangered within the State should be accorded the protection necessary to maintain and enhance their numbers; and

  (3) The State should assist in the protection of species of wildlife and plants which are determined to be "threatened" or "endangered" elsewhere pursuant to the Endangered Species Act of 1973, 87 Stat. 884, by prohibiting the taking, possession, transportation, exportation, processing, sale, offer for sale, or shipment within the State of endangered species and by carefully regulating these activities with regard to the threatened species.

(b) Exceptions to the prohibitions in subsection (a) of this section, for the purpose of enhancing the conservation of these species, may be permitted as set forth in this subtitle.

#### Section 10-2A-03

(a) The Secretary shall conduct investigations of nongame wildlife in order to develop information relating to population, distribution, habitat needs, limiting factors, and other biological and ecological data to determine conservation measures necessary for their continued ability to sustain themselves successfully. On the basis of these determinations the Secretary shall issue proposed regulations not later than July 1, 1977, and develop conservation programs designed to insure the continued ability of nongame wildlife deemed in need of conservation to perpetuate themselves successfully. The Secretary shall conduct ongoing investigations of nongame wildlife.

(b) The Secretary, by regulations, shall adopt limitations relating to taking, possession, transportation, exportation, processing, sale or offer for sale, or shipment necessary to conserve nongame wildlife.

(c)

  (1) Except as provided in regulations adopted by the Secretary, a person may not take, possess, transport, export, process, sell, offer for sale, or ship nongame wildlife deemed by the Secretary to be in need of conservation pursuant to this section.

  (2) A common or contract carrier may not knowingly transport or receive for shipment nongame wildlife deemed by the Secretary to be in need of conservation pursuant to this section.

#### Section 10-2A-04

(a)

  (1) Any species of wildlife or plant determined to be endangered species pursuant to the Endangered Species Act shall be deemed to be an endangered species under the provisions of this subtitle and any species of wildlife or plant determined to be a threatened species pursuant to the Endangered Species Act shall be deemed to be a threatened species under the provisions of this subtitle.

  (2) The Secretary may determine, in accordance with this section, that any threatened species is an endangered species throughout all or any portion of the range of the species within the State.

(b) In addition to the species deemed to be endangered or threatened pursuant to the Endangered Species Act, the Secretary, by regulation, shall determine whether any species of wildlife or plant normally occurring within the State is an endangered or threatened species due to any of the following factors:

  (1) The present or threatened destruction, modification, or curtailment of its habitat or range;

  (2) Overutilization for commercial, sporting, scientific, educational, or other purposes;

  (3) Disease or predation;

  (4) The inadequacy of existing regulatory mechanisms; or

  (5) Other natural or manmade factors affecting its continued existence within the State.

(c)

  (1) The Secretary shall make determinations required by subsection (b) of this section:

    (i) On the basis of the best scientific, commercial, and other data available and after consultation, as appropriate, with federal agencies, other interested State agencies, other states having a common interest in the species, and interested persons and organizations; and

    (ii) Without reference to possible economic or other impacts of such determination.

  (2) In determining whether any species of wildlife or plant is an endangered species or a threatened species, the Secretary shall take into consideration any actions being carried out or about to be carried out by the federal government, other states, other agencies of this State, or political subdivisions, or by any other person which may affect the species under consideration.

(d) Except with respect to species of wildlife or plants determined to be endangered or threatened species under the provisions of subsection (a) of this section, the Secretary may not add a species to nor remove a species from any list published unless the Secretary first:

  (1) Publishes a public notice of the proposed action;

  (2) Furnishes notice of the proposed action to the Governor of any state sharing a common border with the State and in which the subject species is known to exist; and

  (3) Allows at least 30 days following publication for comment from the public and other interested parties.

(e) Notwithstanding the provisions of subsection (d) of this section, if the Department determines that an emergency situation exists involving the continued existence of the species as a viable component of the State's wildlife or plants, the Department may add the species to the lists if the Department publishes a public notice that an emergency situation exists together with a summary of facts which support this determination.

(f) The Secretary shall delist a species if the Secretary determines, based on consideration of the factors and standards set forth in subsection (b) of this section, that the best scientific and commercial data available substantiate that:

  (1) The species is extinct;

  (2) The species has recovered to the point that it no longer meets the definition of endangered species or threatened species;

  (3) Information has become available since the original listing decision that shows that the listed entity does not meet the definition of an endangered species or a threatened species; or

  (4) Information has become available since the original listing decision that shows that the listed entity does not meet the definition of a species.

(g)

  (1) The Secretary shall adopt regulations containing a list of all species of wildlife and plants normally occurring within the State determined to be endangered species and a list of all species determined to be threatened species.

  (2) Each list shall refer to the species by scientific and common names and shall specify with respect to each species over what portion of its range it is endangered or threatened.

  (3) On or before July 1, 2026, and at least every 5 years thereafter, the Secretary shall review and, if warranted, update the regulations required under this subsection.

#### Section 10-2A-05

(a)

  (1) Except with respect to species of wildlife or plants determined to be endangered or threatened pursuant to the Endangered Species Act, the Secretary, upon the petition of an interested person that meets the requirements of paragraph (2) of this subsection, shall conduct a review of any listed or unlisted species proposed to be removed from or added to the lists published pursuant to Sec. 10-2A-04(g) of this subtitle, if the Secretary publishes public notice that the person has presented substantial evidence which warrants a review.

  (2) A petition submitted by an interested person under paragraph (1) of this subsection shall include:

    (i) A description of the biological distribution of the species in the State;

    (ii) The life needs and habitat requirements of the species;

    (iii) Evidence:

      (1) Of the species' decline, if the species is an unlisted species; or

      (2) If the species is a listed species:

      (A) That the species is extinct;

      (B) That the species has recovered to the point that it no longer meets the definition of endangered species or threatened species;

      (C) Of any other information that has become available since the original listing decision that shows that the listed entity does not meet the definition of an endangered species or a threatened species; or

      (D) Of information that has become available since the original listing decision that shows that the listed entity does not meet the definition of a species;

    (iv) All known threats that jeopardize the continued existence of the species;

    (v) Any other relevant biological and ecological data or other life history information pertinent to the status of the species;

    (vi) Evidence that the species is recognized as a valid species, or infraspecific taxa of regional or national significance; and

    (vii) Adequate documentation that the species occurs naturally and is permanently established in the State.

(b)

  (1) When any species of wildlife or plant is listed as a threatened species pursuant to Sec. 10-2A-04(g) of this subtitle, the Secretary shall adopt regulations necessary and advisable to provide for the conservation of the species.

  (2) The Secretary, by regulations, may prohibit with respect to any threatened species of wildlife or plant any act prohibited under subsection (c) of this section.

(c) Except as provided in subsection (f) of this section and Sec.Sec. 10-2A-05.1, 10-2A-05.2, and 10-2A-05.3 of this subtitle, with respect to any endangered species of wildlife, a person may not:

  (1) Export the species from the State;

  (2) Take the species within the State;

  (3) Possess, process, sell or offer for sale, deliver, carry, transport, or ship the species by any means; or

  (4) Violate any regulation pertaining to the conservation of the species or to any threatened species of wildlife listed pursuant to this subsection and adopted by the Secretary pursuant to authority provided by this section.

(d) Except as provided in subsection (f) of this section, with respect to any endangered species of plant, a person may not:

  (1) Export the species from the State;

  (2) Possess, process, sell, offer for sale, deliver, carry, transport, or ship the species by any means; or

  (3) Violate any regulation pertaining to the species or to any threatened species of plant listed pursuant to Sec. 10-2A-04(g) of this subtitle and adopted by the Secretary.

(e) Any endangered species of wildlife or plant which enters the State from another state or from a point outside the territorial limits of the United States and which is transported to a point within or beyond the State may enter and be transported without restriction in accordance with the terms of any federal permit or permit issued under the laws or regulations of another state.

(f) The Secretary may permit, under the terms and conditions that the Secretary prescribes, any act otherwise prohibited by subsections (c) and (d) of this section for scientific purposes or to enhance the propagation or survival of the affected species.

#### Section 10-2A-05.1

(a) The Secretary shall issue a permit to an applicant that authorizes an incidental taking of the endangered Puritan Tiger Beetle if:

  (1) The applicant submits a conservation plan to the Department that specifies:

    (i) The impact that will likely result from the incidental taking;

    (ii) The steps that the applicant will take to minimize and mitigate the impact, and the funding that will be available to implement the steps;

    (iii) The alternative actions to the incidental taking that the applicant considered and the reasons that the alternatives were not used; and

    (iv) Any other measures that the Secretary requires as being reasonably necessary or appropriate for the purposes of the plan; and

  (2) The Secretary finds that:

    (i) The incidental taking will not appreciably reduce the likelihood of the survival or recovery of the Puritan Tiger Beetle in the wild;

    (ii) The applicant will, to the extent practicable, minimize and mitigate the impacts of the incidental taking;

    (iii) Adequate funding for the conservation plan is available and the plan will be implemented; and

    (iv) The applicant has obtained the required federal authorization for the incidental taking of the Puritan Tiger Beetle.

(b) The Secretary shall adopt regulations to implement and enforce this section.

#### Section 10-2A-05.2

(a) The Secretary may issue a permit to an applicant that authorizes an incidental taking of the endangered Delmarva fox squirrel if:

  (1) The applicant submits a conservation plan to the Department that specifies:

    (i) The impact that will likely result from the incidental taking;

    (ii) The steps that the applicant will take to minimize and mitigate the impact;

    (iii) The funding that will be available to implement the steps;

    (iv) The alternative actions to the incidental taking that the applicant considered and the reasons that the alternatives were not used; and

    (v) Any other measures that the Secretary requires as being necessary or appropriate for the purposes of the plan; and

  (2) The Secretary finds that:

    (i) The incidental taking will not appreciably reduce the likelihood of the survival or recovery of the Delmarva fox squirrel in the wild;

    (ii) The applicant will, to the extent practicable, minimize and mitigate the impacts of the incidental taking;

    (iii) Adequate funding for the conservation plan is available and the plan will be implemented; and

    (iv) The applicant has obtained the required federal authorization for the incidental taking of the Delmarva fox squirrel.

(b) The Secretary may adopt regulations to implement and enforce this section.

#### Section 10-2A-05.3

(a) The Secretary may issue a permit to an applicant that authorizes an incidental taking of the Indiana bat, the northern long-eared bat, the tricolored bat, or the eastern small-footed bat if:

  (1) The applicant submits a conservation plan to the Department that specifies:

    (i) The impact that will likely result from the incidental taking;

    (ii) The steps that the applicant will take to minimize and mitigate the impact;

    (iii) The funding that will be available to implement the steps;

    (iv) The alternative actions to the incidental taking that the applicant considered and the reasons that the alternatives were not used; and

    (v) Any other measures that the Secretary requires as being necessary or appropriate for the purposes of the plan; and

  (2) The Secretary finds that:

    (i) The incidental taking will not appreciably reduce the likelihood of the survival or recovery of the Indiana bat, the northern long-eared bat, the tricolored bat, or the eastern small-footed bat in the wild;

    (ii) The applicant will, to the extent practicable, minimize and mitigate the impacts of the incidental taking;

    (iii) Adequate funding for the conservation plan is available and the plan will be implemented; and

    (iv) The applicant has obtained the required federal authorization for the incidental taking of the Indiana bat, the northern long-eared bat, the tricolored bat, or the eastern small-footed bat.

(b) The Secretary may adopt regulations to implement and enforce this section.

#### Section 10-2A-06

(a)

  (1) The Secretary:

    (i) Shall establish programs, including acquisition of land or aquatic habitat or interests in the land or aquatic habitats, necessary for the conservation of nongame, threatened, or endangered species of wildlife or plants;

    (ii) May designate areas as essential habitats for endangered and threatened species; and

    (iii) May adopt management protocols for designated essential habitats.

  (2) The Secretary shall use all vested authority to carry out the provisions of this subsection.

(b)

  (1) In carrying out programs authorized by this section, the Secretary shall consult with the State Secretary of Agriculture and other states having a common interest in particular species of nongame, endangered, or threatened species of wildlife or plants.

  (2) The Secretary may enter into agreements with federal agencies, other states, political subdivisions of the State, or with individuals with respect to programs designed to conserve nongame, endangered, or threatened species of wildlife or plants, including agreements for administration and management established under this section or utilized for conservation of nongame, endangered, or threatened species of wildlife or plants.

(c)

  (1) The Governor shall review other programs administered by the Governor and utilize these programs in furtherance of the purposes of this subtitle.

  (2) All State departments and agencies, in consultation with and with the assistance of the Secretary, shall utilize their authorities in furtherance of the purposes of this subtitle by carrying out programs for the conservation of endangered species and threatened species listed pursuant to Sec. 10-2A-04(g) of this subtitle, and by taking any action necessary to insure that actions authorized, funded, or carried out by them do not jeopardize the continued existence of the endangered species or threatened species or result in the destruction or modification of habitat of the species which is deemed by the Secretary to be critical.

(d) The Secretary shall adopt regulations necessary to implement this section.

#### Section 10-2A-06.1

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Birdwatcher" means a person who engages in birdwatching.

  (3)

    (i) "Birdwatching" means identifying, studying, and recording the presence of wild birds in their natural surroundings.

    (ii) "Birdwatching" does not include incidental sightings of wild birds in their natural surroundings.

(b) The purpose of this section is to provide a special fund that shall be expended for the preservation of nongame wildlife species and threatened and endangered species.

(c) There is a Birdwatcher's Fund.

(d)

  (1) All revenue that the Department derives from the issuance of birdwatcher's stamps and decals shall be credited to the Birdwatcher's Fund.

  (2) The Secretary shall administer the Birdwatcher's Fund.

  (3) Money in the Birdwatcher's Fund shall be expended only for the preservation of nongame wildlife species and threatened and endangered species.

(e)

  (1) The fee for a birdwatcher's stamp or decal is $5.

  (2) Private contributions, grants and donations may be made to the Birdwatcher's Fund.

  (3) Any person engaged in a retail business who desires to sell birdwatcher's stamps and decals as an agent under the Department's control and supervision shall apply on forms prepared and prescribed by the Department.

  (4) An agent may retain 25 cents out of the birdwatcher's stamp or decal fee for each birdwatcher's stamp or decal the agent sells.

  (5) The Department, by regulation, shall provide procedures and forms for the sale of birdwatcher's stamps and decals.

(f) The purpose of this Fund is:

  (1) Dissemination of information pertaining to nongame wildlife species and threatened and endangered species conservation, management, and values;

  (2) Scientific investigation and survey of nongame wildlife species and threatened and endangered species for better protection and conservation;

  (3) Propagation, distribution, protection, and restoration of nongame wildlife species and threatened and endangered species;

  (4) Research and management of nongame wildlife species and threatened and endangered species;

  (5) Development of habitats for nongame wildlife species and threatened and endangered species;

  (6) Acquisition of habitats for nongame wildlife species and threatened and endangered species; and

  (7) Matching of funds available to the Department under federal programs for projects and activities authorized under this section.

#### Section 10-2A-06.2

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Coalition" means the Maryland Connectivity Coalition.

  (3) "Endangered species" has the meaning stated in Sec. 10-2A-01 of this subtitle.

  (4) "Threatened species" has the meaning stated in Sec. 10-2A-01 of this subtitle.

  (5) "Wildlife connectivity" means the ability of wildlife to move freely between habitats to access resources, maintain healthy populations, and adapt to environmental changes.

  (6) "Wildlife crossings" means improvements to roads, bridges, or highways designed to improve wildlife connectivity or to reduce collisions between vehicles and wildlife.

(b)

  (1) There is a Maryland Connectivity Coalition.

  (2) The purpose of the Coalition is to foster collaboration among State and federal agencies, nongovernmental organizations, and other stakeholders to:

    (i) Protect threatened and endangered species from habitat fragmentation that reduces access to resources such as food or potential mates;

    (ii) Protect motorists and wildlife in the State by reducing collisions between vehicles and wildlife; and

    (iii) Facilitate the sharing of resources, data, and expertise relating to wildlife habitat connectivity.

  (3) The Coalition consists of the following members:

    (i) The Secretary of Natural Resources, or the Secretary's designee;

    (ii) The State Highway Administrator, or the Administrator's designee;

    (iii) One member of the House of Delegates, appointed by the Speaker of the House;

    (iv) One member of the Senate of Maryland, appointed by the President of the Senate; and

    (v) Representatives of any other State agencies, federal agencies, nongovernmental organizations, regional coalitions, or private entities selected by the Secretary and the State Highway Administrator.

  (4) The State Highway Administrator or the Administrator's designee shall serve as chair of the Coalition.

  (5) The Department and the State Highway Administration shall adopt rules for the Coalition, including:

    (i) Membership in the Coalition;

    (ii) The role of any nongovernmental organizations or private entities that are members of the Coalition;

    (iii) The roles and responsibilities of the leadership of the Coalition; and

    (iv) Meeting rules and procedures.

  (6)

    (i) The Coalition shall develop criteria for prioritizing wildlife connectivity projects.

    (ii) Criteria developed under subparagraph (i) of this paragraph may include:

      (1) Locations with a high number of collisions between vehicles and wildlife;

      (2) Locations where highways divide the habitat of threatened or endangered species;

      (3) Locations where wildlife crossings could be designed to facilitate multiple species;

      (4) Equity in distributing funds between:

      (A) Different regions of the State; and

      (B) Urban, suburban, and rural areas; and

      (5) Any other criteria identified by the Coalition.

  (7) The Coalition shall develop performance metrics to evaluate the success of funded projects, including:

    (i) Measurable outcomes, such as reductions in collisions between vehicles and wildlife; and

    (ii) Enhancements to habitat connectivity.

  (8)

    (i) Except as provided in subparagraph (ii) of this paragraph, the Coalition shall meet quarterly to:

      (1) Share new data, analyses, and research;

      (2) Identify any additional data, analyses, or research needed;

      (3) Update the members on the status of planned or ongoing wildlife crossings;

      (4) Identify locations where additional wildlife connectivity is needed; and

      (5) Make recommendations on funding for wildlife connectivity.

    (ii) The Coalition may cancel a meeting for lack of an agenda.

  (9) The State Highway Administration shall have final decision-making authority regarding any decision relating to the placement, funding, or design of wildlife crossings.

  (10) The Coalition shall develop a website and publish on its website:

    (i) The purpose, history, and members of the Coalition;

    (ii) Any criteria used for prioritizing projects;

    (iii) Any data, analyses, or research relevant to the purpose of the Coalition;

    (iv) Coalition meeting agendas and minutes;

    (v) Information to educate the public on the importance of wildlife connectivity and wildlife crossings; and

    (vi) Completed wildlife crossings and wildlife crossings under development.

(c)

  (1) The State Highway Administration shall report on wildlife crossings in each consolidated transportation plan of the State.

  (2) The report required under paragraph (1) of this subsection shall include:

    (i) Transportation Trust Fund expenditures for wildlife crossings;

    (ii) Wildlife crossings planned and in process; and

    (iii) Performance metrics and measurable outcomes evaluating the success of completed wildlife crossings.

(d) The Department and the State Highway Administration may adopt regulations necessary to carry out the provisions of this subtitle.

#### Section 10-2A-07

(a) Any person who violates the provisions of Sec. 10-2A-05 of this subtitle, fails to procure any permit required by Sec. 10-2A-05 of this subtitle, or violates the terms of any permit shall be fined not more than $1,000 or be imprisoned not more than 1 year, or both.

(b) Any Natural Resources police officer or any law enforcement officer may conduct searches as provided by law, and execute a warrant to search for and seize any equipment, business records, merchandise, wildlife, or plants taken, used, or possessed in connection with a violation of any subsection. Any Natural Resources police officer or law enforcement officer, without a warrant, may arrest any person who the officer has probable cause to believe is violating, in the officer's presence or view, this subtitle or any regulation or permit provided for by this subtitle. Any Natural Resources police officer or law enforcement officer who has made an arrest of a person in connection with any violation may search the person, premises, or business records at the time of arrest and may seize any wildlife, plants, records, or property taken, or used in connection with any violation.

(c) Equipment, merchandise, wildlife, plants or records seized under the provisions of subsection (b) of this section shall be held by any Natural Resources police officer or law enforcement officer pending disposition of court proceedings, and after disposition of court proceedings shall be forfeited to the State for destruction or disposition as the Secretary may deem appropriate. Prior to forfeiture the Secretary may direct the transfer of wildlife or plants so seized to a qualified zoological, botanical, educational, or scientific institution for safekeeping, costs to be assessable to the defendant. The Secretary may issue regulations to implement this section.

#### Section 10-2A-08

(a) The provisions of this subtitle do not prohibit:

  (1) Importation into the State of wildlife or plants which may be lawfully imported into the United States or lawfully taken and removed from another state; or

  (2) Entry into this State or the possession, transportation, exportation, processing, sale, offer for sale, or shipment of any wildlife or plant which is designated an endangered or threatened species in this State but not in the state where originally taken, if the person engaging in the activity demonstrates by substantial evidence that the wildlife or plant was lawfully taken and lawfully removed from the state of origin.

(b) This section does not permit the possession, transportation, exportation, processing, sale, offer for sale or shipment within the State of species of wildlife or plants determined, pursuant to the Endangered Species Act, to be an endangered or threatened species, except as permitted by Sec. 10-2A-05 of this subtitle.

#### Section 10-2A-09

This subtitle may be cited as the Nongame and Endangered Species Conservation Act.

### Subtitle 2B. Wildlife Trafficking Prevention

#### Section 10-2B-01

(a) In this subtitle the following words have the meanings indicated.

(b) "Bona fide scientific or educational institution" means an institution that establishes educational or scientific tax-exempt status through documentation from the Internal Revenue Service.

(c) "Covered animal species" means any species of:

  (1) Bonobo;

  (2) Cheetah;

  (3) Chimpanzee;

  (4) Elephant;

  (5) Giraffe;

  (6) Gorilla;

  (7) Hippopotamus;

  (8) Jaguar;

  (9) Leopard;

  (10) Lion;

  (11) Mammoth;

  (12) Mastodon;

  (13) Orangutan;

  (14) Pangolin;

  (15) Rhinoceros;

  (16) Sea turtle; or

  (17) Tiger.

(d) "Covered animal species part or product" means any item that contains or is wholly or partly made from a covered animal species.

(e) "Musical instrument" includes a string instrument or bow, a wind or percussion instrument, or a piano.

(f)

  (1) "Sell" means any act of selling, trading, or bartering for monetary or nonmonetary consideration.

  (2) "Sell" does not include a nonmonetary transfer of ownership by way of gift, donation, or bequest.

#### Section 10-2B-02

(a) This subtitle applies to any sale or transfer of ownership that occurs in the course of a commercial transaction for which:

  (1) The buyer takes physical possession of the covered animal species part or product in the State; or

  (2) The seller is located in the State.

(b) This subtitle does not apply to:

  (1) Federal or State law enforcement activity;

  (2) Duties mandated by federal or State law;

  (3) Activity expressly authorized by federal law; or

  (4) A covered animal species part or product that is a fixed component of:

    (i) An antique that is not made wholly or primarily from the covered animal species part or product, provided that:

      (1) The antique status is established by the owner or seller through documentation showing provenance and that the covered animal species part or product is at least 100 years old; and

      (2) The total weight of the covered animal species part or product is less than 200 grams; or

    (ii) A musical instrument, knife, or firearm, provided that:

      (1) The covered animal species part or product was legally acquired;

      (2) The covered animal species part or product is a fixed or integral part of the item; and

      (3) The total weight of the covered animal species part or product is less than 20% of the total weight of the musical instrument, knife, or firearm.

#### Section 10-2B-03

In this subtitle, the calculation of the value of a covered animal species part or product shall be the greater of the fair market value of or the actual price paid for the covered animal species part or product.

#### Section 10-2B-04

Except as provided in Sec. 10-2B-05 of this subtitle, a person may not purchase, sell, offer for sale, or possess with intent to sell any item that the person knows or should know is a covered animal species part or product.

#### Section 10-2B-05

(a) Unless prohibited by federal law, the Department may allow the following institutions to sell, barter, or trade any lawfully acquired covered animal species part or product:

  (1) A bona fide scientific or educational institution; or

  (2) A scientific or educational institution authorized by the Department to sell, barter, or trade for scientific or educational purposes.

(b) A list of institutions authorized by the Department under subsection (a)(2) of this section shall be made available on request.

#### Section 10-2B-06

There is a rebuttable presumption that a person possesses a covered animal species part or product with the intent to sell if the covered animal species part or product is possessed in a retail or wholesale establishment commonly used for the buying or selling of similar items.

#### Section 10-2B-07

(a) A person that violates this subtitle:

  (1) For a first offense, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding the greater of $3,000 or 2 times the value of the covered animal species part or product;

  (2) For a second or subsequent offense for which the value of the covered animal species part or product in question does not exceed $250, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $6,000; or

  (3) For a second or subsequent offense for which the value of the covered animal species part or product in question exceeds $250, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding the greater of $10,000 or 3 times the value of the covered animal species part or product.

(b) If a person is convicted of violating this subtitle, in addition to any other penalty provided in this title, the court may order the person to pay restitution to the State in an amount not exceeding 2 times the value of the covered animal species part or product in question.

(c) Fines and restitution imposed under this section shall be credited to the Department for the benefit of the State Wildlife Management and Protection Fund established under Sec. 10-209 of this title, to be used only for the preservation of threatened or endangered species.

#### Section 10-2B-08

On a conviction under this subtitle, any seized covered animal species part or product:

(1) Shall be forfeited; and

(2) May be:

  (i) Maintained by the Department for educational or training purposes;

  (ii) Donated by the Department to a scientific or educational institution; or

  (iii) Destroyed.

#### Section 10-2B-09

The Department may adopt regulations to implement this subtitle.

### Subtitle 2C. Traveling Animal Acts

#### Section 10-2C-01

(a) In this subtitle the following words have the meanings indicated.

(b)

  (1) "Covered animal" means any of the following animals:

    (i) Bear;

    (ii) Cougar;

    (iii) Elephant;

    (iv) Jaguar;

    (v) Leopard;

    (vi) Lion;

    (vii) Nonhuman primate; or

    (viii) Tiger.

  (2) "Covered animal" includes a hybrid of an animal listed under paragraph (1) of this subsection.

(c) "Mobile or traveling housing facility" means a transporting vehicle, including a truck, trailer, or railway car, used to transport or house animals while traveling for an exhibition or other performance.

(d) "Performance" means any exhibition, public showing, presentation, display, exposition, fair, animal act, circus, ride, trade show, petting zoo, carnival, parade, race, or similar undertaking in which animals are required to perform tricks, give rides, or participate as accompaniments for the entertainment, amusement, or benefit of a live audience.

(e) "Traveling animal act" means any performance of animals for which the animals are transported in a mobile or traveling housing facility to, from, or between locations for the purpose of the performance.

#### Section 10-2C-02

(a) This section does not apply to a performance that takes place at a nonmobile, permanent institution or other fixed facility, provided that the covered animal is not transported to the institution or facility for a period of less than 60 days for the sole purpose of a performance.

(b) Notwithstanding any other provision of law, a person may not allow for the performance of a covered animal in a traveling animal act.

(c) A person who violates this section is subject to a civil penalty not to exceed $2,000 per violation.

(d) The provisions of this section may be enforced by:

  (1) A State or local law enforcement officer; or

  (2) The local animal control authority for the jurisdiction where the violation occurs.

### Subtitle 3. Hunting Licenses

#### Section 10-301

(a) In this section, "child" includes:

  (1) Foster child;

  (2) Foster grandchild;

  (3) Grandchild;

  (4) Stepchild; and

  (5) Stepgrandchild.

(b)

  (1) To provide a fund to pay the expense of protecting and managing wildlife, and preventing unauthorized persons from hunting them, a person may not hunt or attempt to hunt during open season and in any permitted manner any game birds and mammals in the State without first having procured either a resident or nonresident hunter's license.

  (2) A permanent resident of a government reservation may obtain a resident hunter's license.

(c)

  (1) Except as provided in paragraph (2) of this subsection, the following persons are not required to obtain a hunter's license, bow and arrow stamp, black powder stamp, bonus antlered deer stamp, or sika deer stamp:

    (i) With respect to hunting on farmland only:

      (1) The resident owner of the farmland and the owner's spouse, child, and child's spouse;

      (2) A tenant and the tenant's spouse, child, and child's spouse. A tenant is a person holding land under a lease, or a sharecropper who resides in a dwelling on the land, but a tenant does not include any employee of the owner or tenant; and

      (3) A nonresident owner of a parcel of farmland and the owner's spouse, child, and child's spouse if:

      (A) The parcel of farmland is located in Maryland and an adjacent state;

      (B) The owner's primary residence is on the parcel of farmland; and

      (C) The adjacent state extends similar privileges to a resident of Maryland;

    (ii) Any resident who is an active service member while on leave in the State, during the resident's leave period, if, while hunting, the resident possesses a copy of the resident's official leave order;

    (iii) Any person who is an active service member and has a service-connected disability, if, while hunting, the person possesses valid military identification; and

    (iv) Any unarmed person participating in an organized foxhunt.

  (2)

    (i) Except as provided in subparagraph (ii) of this paragraph, in order to qualify for the license and stamp exemption in accordance with paragraph (1) of this subsection, a child or child's spouse must be eligible to purchase a junior resident or junior nonresident hunting license.

    (ii) If a child or child's spouse is ineligible to purchase a junior resident or junior nonresident hunting license, the child or child's spouse shall qualify for the license and stamp exemption if the child or child's spouse:

      (1) Lives on the farmland;

      (2) Worked on the farmland for 30 or more days during the prior 12-month period; or

      (3) Manages the farmland.

  (3)

    (i) In this paragraph, "armed forces" includes the U.S. Coast Guard and the U.S. Merchant Marine.

    (ii) Subject to subparagraph (iii) of this paragraph, a person who is a retired former member of the armed forces of the United States is not required to obtain a hunting license to hunt on farmland that is:

      (1) In active farming status; and

      (2) Owned by the person or the person's spouse, child, child's spouse, parent, grandparent, sibling, niece, or nephew.

    (iii) A person who hunts on farmland without a hunting license under this paragraph shall possess:

      (1) The retired-military identification card of the person;

      (2) Written permission from the owner of the farm property to hunt on the property that includes:

      (A) A specified period of time that the person is authorized to hunt on the property; and

      (B) The relationship of the person to the owner of the property; and

      (3) Any required hunting stamps.

(d) A person who wishes to obtain a hunting license shall complete and submit an application to the Department or to any person designated by the Department to issue a hunting license.

(e) An applicant for a license issued under this section shall provide all the information required by the Department, including the last four digits of the applicant's Social Security number, if the applicant has a Social Security number.

(f) Before a hunting license may be issued the applicant for the license shall

acknowledge, as a component of the application, that a hunting license does not of itself permit an individual to hunt on private property.

(g)

  (1)

    (i)

      (1) There is a resident hunting license that enables the purchaser to hunt all legal game birds and mammals during any appropriate season in Maryland without the purchase of additional stamps, unless the purchaser is hunting migratory game birds, deer during bow and arrow season or black powder season, or sika deer.

      (2) To hunt migratory game birds the purchaser must also buy a Maryland migratory game bird stamp and to hunt wild waterfowl the purchaser must buy both a Maryland migratory game bird stamp and a federal migratory bird hunting and conservation stamp.

      (3) To hunt deer during bow and arrow season and black powder season the purchaser must also purchase a bow and arrow or black powder stamp.

      (4) To hunt sika deer the purchaser must also purchase a sika deer stamp.

    (ii)

      (1) There is a nonresident hunting license that enables the purchaser to hunt all legal game birds and mammals during any appropriate season without the purchase of additional stamps unless the purchaser is hunting migratory game birds, deer during bow and arrow season or black powder season, or sika deer.

      (2) This license enables the purchaser to hunt migratory game birds only with the purchase of a Maryland migratory game bird stamp and to hunt wild waterfowl only with the purchase of both a Maryland migratory game bird stamp and a federal migratory bird hunting and conservation stamp.

      (3) This license enables the purchaser to hunt deer during bow and arrow season and black powder season only with the purchase of a nonresident bow and arrow or black powder stamp.

      (4) This license enables the purchaser to hunt sika deer only with the purchase of a nonresident sika deer stamp.

    (iii)

      (1) There is a nonresident 3-day hunting license that enables the purchaser to hunt all legal game birds and mammals except deer and turkey for the 3 consecutive legal hunting days in a single season that are specified on the license by the issuing agent.

      (2) The purchaser must also purchase a Maryland migratory game bird stamp to hunt migratory game birds and a federal migratory bird hunting and conservation stamp to hunt wild waterfowl with this license.

      (3) Under no circumstance does this license authorize the purchaser to hunt deer and turkey.

    (iv)

      (1) There is an apprentice hunting license that enables the purchaser to hunt all legal game birds and mammals in a single season without the purchase of additional stamps unless the purchaser is hunting migratory game birds, deer during bow and arrow season or black powder season, or sika deer.

      (2) This license enables the purchaser to hunt migratory game birds only with the purchase of a Maryland migratory game bird stamp and to hunt wild waterfowl only with the purchase of both a Maryland migratory game bird stamp and a federal migratory bird hunting and conservation stamp.

      (3) This license enables the purchaser to hunt deer during bow and arrow season and black powder season only with the purchase of a bow and arrow or black powder stamp.

      (4) This license enables the purchaser to hunt sika deer only with the purchase of a sika deer stamp.

      (5) A person may obtain an apprentice hunting license on satisfactory completion of a short online or electronic course of instruction in competency in firearms and hunter safety approved by the Department.

      (6)

        (A) Except as provided in subsubsubparagraph C of this subsubparagraph, a person may hunt under an apprentice hunting license only if accompanied and directly supervised by another person who is at least 18 years of age and possesses a valid resident nonapprentice hunting license issued under this subtitle.

      (B) A person who accompanies and directly supervises an apprentice hunting licensee shall maintain close visual and verbal contact with, provide adequate direction to, and be in a position to immediately assume control of the firearm of the apprentice hunting licensee.

      (C) Except for a person participating in a junior hunt approved by the Department, an apprentice hunting licensee who has obtained a certificate of competency in firearms and hunter safety under Sec. 10-301.1 of this subtitle may hunt without supervision.

      (7) Except as provided in subsubparagraph 8 of this subparagraph, an apprentice hunting license:

      (A) May be issued to a person only once in the person's lifetime;

      (B) May not be renewed; and

      (C) May not be issued to a person who has previously been issued any hunting license under this subtitle.

      (8)

        (A) Notwithstanding subsubparagraph 7 of this subparagraph, the Department may issue an apprentice hunting license to a person under the age of 17 years who has previously been issued an apprentice hunting license.

      (B) The Department shall require an applicant for a second or subsequent apprentice hunting license under this subsubparagraph to repeat the course of instruction in competency in firearms and hunter safety specified under subsubparagraph 5 of this subparagraph.

  (2) Residents may purchase a senior hunting license beginning in the calendar year in which they attain the age of 65.

  (3)

    (i) Except as provided in subparagraph (ii) of this paragraph, a nonresident of any age must purchase either a nonresident hunting license or a nonresident 3-day hunting license to hunt in the State.

    (ii) A nonresident attending a college or university in the State may purchase a resident hunting license if the nonresident provides to the Department proof that the nonresident is enrolled at a college or university in the State.

  (4) Subject to paragraph (7) of this subsection, the fees for hunting and trapping licenses are according to the following schedule:

    (i) Resident, junior, under the age of 16 years .............. $15.00

    (ii) Resident, regular, at least 16 years old and under the age of 65 years .............................................................................................$35.00

    (iii) Resident, senior, at least 65 years old ......................$5.00

    (iv) Nonresident, regular, at least 16 years old ............. $160.00

    (v) Nonresident, junior, under the age of 16 years ........ $80.00

    (vi) Complimentary license authorized to be issued under Sec. 10-303 of this subtitle.................................................................................................. No fee

    (vii) Nonresident 3-day hunting license ........................... $65.00

    (viii) Resident apprentice ................................................... $15.00

    (ix) Nonresident apprentice ............................................. $40.00

    (x) Nonresident trapping license .....................................$50.00

  (5) The fees for individual hunting stamps are according to the following schedule:

    (i) Bow and arrow stamp ............................................$6.00

    (ii) Nonresident bow and arrow stamp .........................$25.00

    (iii) Black powder stamp .....................................................$6.00

    (iv) Nonresident black powder stamp ...........................$25.00

    (v) Maryland migratory game bird stamp ..................... $15.00

    (vi) Resident bonus antlered deer stamp ..........................$10.00

    (vii) Nonresident bonus antlered deer stamp for each type of deer hunting season .............................................................................................. $25.00

    (viii) Resident sika deer stamp ...........................................$10.00

    (ix) Nonresident sika deer stamp ................................... $200.00

  (6) The fees for furbearer permits are according to the following schedule:

    (i) Individual ......................................................................$5.00

    (ii) Group ..........................................................................$50.00

  (7) The Department shall establish a program to provide discounted hunting licenses and any associated State-issued stamps or permits to Maryland residents who are recipients of the Purple Heart Award.

(h)

  (1) The person designated to sell the hunting licenses and individual hunting stamps shall issue the hunting licenses and individual hunting stamps and collect the fee prescribed in subsection (g) of this section.

  (2) The designated person who sells and issues the hunting licenses and individual hunting stamps shall retain as compensation 75 cents for each resident senior hunting license and individual hunting stamp sold and issued and shall retain as compensation $1.50 for each resident junior, nonresident junior, resident regular, nonresident regular, nonresident senior, and nonresident 3-day hunting license sold and issued.

(i) A hunting license shall be valid for the period August 1 through July 31, of each year.

(j) A hunting license may not be transferred to any other person.

(k) Upon issuing any hunting license, the Department shall furnish the licensee with a list of the names and addresses of every general hospital in the State which offers emergency medical treatment.

(l) When the Department has adequate computer capability, the Department shall compile statistics after the close of the hunting season each year concerning the sale of hunting licenses for the previous season, including the names, addresses, counties of residence, and ages of the persons who purchased the hunting licenses and the types of hunting licenses sold.

(m) Repealed.

(n) The Department may enter into contracts with farmers in the State to reimburse the farmer for planting and leaving grains, grasses, and legumes, including clover, alfalfa, and soybeans, unharvested in the fields in order to be used to provide food or cover for any upland game birds and mammals and wetland game birds in the State.

(o)

  (1) In this subsection, "Fund" means the Upland Wildlife Habitat Fund.

  (2) There is an Upland Wildlife Habitat Fund in the Department.

  (3) The purpose of the Fund is to facilitate the implementation and management of upland habitat programs.

  (4) The Department shall administer the Fund.

  (5)

    (i) The Fund is a special, nonlapsing fund that is not subject to Sec. 7-302 of the State Finance and Procurement Article.

    (ii) The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.

  (6) The Fund consists of:

    (i) Voluntary contributions made to the Fund at the time of purchase of a hunting license under this section;

    (ii) Any other donations made to the Fund; and

    (iii) Any investment earnings of the Fund.

  (7)

    (i) The Fund may be used only for:

      (1) Providing cost-share assistance to landowners for planting upland wildlife habitat;

      (2) Providing matching funds to acquire grant funding for upland wildlife habitat programs;

      (3) Hiring contractual staff to implement upland wildlife habitat programs in the State;

      (4) Promoting the Fund and upland wildlife habitat programs; and

      (5) Covering administrative costs calculated in accordance with Sec. 1-103(b)(2) of this article.

    (ii) The Secretary may prioritize the duties under subparagraph (i) of this paragraph to maximize the effectiveness of upland wildlife habitat programs.

    (iii) A designated person who sells hunting licenses under this section and who also collects donations for the Fund may retain as compensation 10% of each donation the person receives.

  (8)

    (i) The Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

    (ii) Any investment earnings of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund.

  (9) Expenditures from the Fund may be made only in accordance with the State budget.

#### Section 10-301.1

(a)

  (1)

    (i) On or after July 1, 1977, a person under 18 years of age may not procure a hunting license or hunt in the State, unless the person has first been issued a certificate of competency in firearms and hunter safety.

    (ii) On or after July 1, 1977, a person, regardless of age, may not procure a hunting license without producing a certificate of competency or a hunting license issued before July 1, 1977, or making out an affidavit that the person hunted before July 1, 1977.

  (2)

    (i) This section does not apply to nonresidents of Maryland who purchase a nonresident 3-day hunting license in the State to hunt wild waterfowl.

    (ii) This section applies to nonresidents of Maryland who purchase hunting licenses in the State to hunt wildlife other than wild waterfowl.

(b)

  (1) The Department shall prescribe a course of instruction in conservation and in competency and safety in the handling of firearms.

  (2)

    (i) The Department shall designate those persons or agencies authorized to give the course of instruction, and this designation shall be valid until revoked by the Department.

    (ii) Those designated persons shall submit to the Department validated listings naming all persons who have successfully completed the course of instruction.

  (3) The Department shall issue a certificate of competency and safety to each person who successfully completes the course of instruction, and the certificate shall be valid until revoked by the Department.

  (4) The Department may not issue a certificate of competency and safety to an individual under the age of 18 unless the individual has completed satisfactorily the course of instruction, or produces a certificate of competency or a hunting license issued prior to July 1, 1978, or makes out an affidavit that the individual had such a license.

(c)

  (1) The Department shall institute and coordinate a statewide course of instruction in conservation and in competency and safety in the handling of firearms, and in so doing, the Department may cooperate with any political subdivision or with any reputable organization having as one of its objectives the promotion of competency and safety in the handling of firearms, such as the National Rifle Association and local rod and gun clubs.

  (2) The Department may conduct the course in hunter safety and issue the certificates, using Department personnel or other persons at times and in areas where other competent agencies are unable or unwilling to meet the demand for instruction.

  (3) Any similar certificate, or hunting license, issued outside the State by a governmental agency, shall be accepted as complying with the requirements of paragraph (1) of this subsection, if the privileges are reciprocal for Maryland residents.

(d) The Department shall adopt regulations to provide for the course of instruction and the issuance of the certificates consistent with the purpose of this section.

(e)

  (1) On or after July 1, 1977, any person who obtains a hunting license by presenting a fictitious certificate of competency or who attempts to obtain a certificate of competency or hunting license through fraud shall have his hunting privileges revoked by the Department for a period not to exceed 1 year.

  (2) Any applicant who is refused a certificate of competency under this section may appeal the decision or action of the issuing unit to the Secretary.

(f)

  (1) The Department or a person designated by the Department may issue a 1-year gratis hunting license to a Maryland resident under the age of 16 years who has successfully completed a hunter safety course.

  (2) A hunting license issued under this subsection shall include all applicable hunting stamps, except for migratory game bird stamps and bonus deer stamps.

  (3) An individual may be issued only one such license during the individual's lifetime.

(g)

  (1) The Department or a person designated by the Department shall issue a complimentary hunting license each year to an individual who:

    (i) Has been authorized by the Department to give the course of instruction in conservation and in competency and safety in the handling of firearms under subsection (b) of this section;

    (ii) Has completed at least 5 years of service as an instructor of this course;

    (iii) Maintains active certification as an instructor of this course;

    (iv) Has taught two hunter safety courses during the fiscal year preceding the issuance of the license; and

    (v) Has indicated to the Department an interest in receiving a complimentary hunting license.

  (2) A hunting license issued under this subsection shall include all applicable hunting stamps, except for migratory game bird stamps and bonus deer stamps.

(h)

  (1) The Department may adopt regulations to establish a program to provide incentives for the successful completion of a hunter safety course by an individual who is not required by law to complete a hunter safety course.

  (2) The program may include:

    (i) Discounts on hunting licenses; and

    (ii) Any other incentive the Department determines to be appropriate.

#### Section 10-301.2

(a) There is a patron's hunting license.

(b) The Department shall issue on a yearly basis a patron's hunting license to any person who:

  (1) Applies to the Department on a form provided by the Department; and

  (2) Pays $500.

(c) The holder of a patron's hunting license may hunt any game birds or mammals during any open season and in any manner permitted in the State without obtaining any other license or stamp, except the federal migratory wild waterfowl stamp and the Maryland migratory game bird stamp.

#### Section 10-301.3

(a) There is a commemorative lifetime hunting license.

(b) The Department shall issue a limited number of commemorative lifetime hunting licenses to certain nonprofit organizations, consistent with eligibility criteria developed by the Department, until December 31, 2011.

(c) Nonprofit organizations issued hunting licenses under this section may, in cooperation with the Department, market and sell the hunting licenses.

(d) All proceeds from sales of hunting licenses under this section shall be used by the Department to fund conservation law enforcement by the Natural Resources Police Force.

(e) The Department may adopt regulations to carry out the provisions of this section.

#### Section 10-302

(a) Any person engaged in a retail business who desires to sell the resident hunting license, either nonresident hunting license or individual hunting stamps as an agent under the Department's control and supervision shall apply to the Department and provide a bond or other security deemed sufficient and adequate by the Department to ensure payment for the resident and nonresident hunting licenses of any type and individual hunting stamps.

(b) License fees collected by an agent shall be forwarded to the Department on a schedule and in a manner prescribed by the Department.

(c)

  (1) An agent may not make any false statement concerning any date of issuance or other resident or nonresident hunting license of any type or individual hunting stamp data.

  (2) An agent may not issue any hunting license or individual hunting stamp without receiving the fees required by law.

(d) In addition to any other penalty provided for by the provisions of this title, any agent convicted of violating the provisions of this section shall lose the agent's privileges.

#### Section 10-303

(a)

  (1) The Department annually may issue a complimentary hunting license to the President of the United States, the governor of any state, or an official or an enforcement officer of the game and fish management agency of another state which reciprocally offers complimentary hunting licenses.

  (2)

    (i) Subject to the requirements of Sec. 10-301.1 of this subtitle, the Department may issue a lifetime complimentary hunting license to a Maryland resident who certifies that the resident is:

      (1) A former prisoner of war;

      (2) An American veteran who the U.S. Department of Veterans Affairs determines is unemployable; or

      (3) A 100% service connected disabled American veteran.

    (ii) Subject to the requirements of Sec. 10-301.1 of this subtitle, the Department may issue a lifetime complimentary hunting license to an out-of-state person:

      (1) Who certifies that the person is:

      (A) A former prisoner of war;

      (B) An American veteran who the U.S. Department of Veterans Affairs determines is unemployable; or

      (C) A 100% service connected disabled American veteran; and

      (2) Whose state of residence extends similar privileges to former prisoners of war, American veterans who the U.S. Department of Veterans Affairs determines are unemployable, or 100% service connected disabled American veterans of this State.

  (3) A complimentary license is not transferable.

(b) For the purposes of this section, "former prisoner of war" means a person who, while an active service member, was forcibly detained or interned in the line of duty by an enemy government or its agents, or a hostile force, during a period of armed conflict.

#### Section 10-304

Any money the Department receives for hunter's licenses shall be accounted for by the Department to the State Treasurer. The amount the Treasurer receives shall be credited to the State Wildlife Management and Protection Fund, and the Treasurer shall pay out of the Fund on warrant of the Comptroller upon requisition of the Department.

#### Section 10-306

A person shall have in the person's possession the person's hunter's license while hunting and, upon demand, shall exhibit the license to the Natural Resources police officer or any law enforcement officer, the landowner on whose property the person is hunting, or the landowner's representative.

#### Section 10-307

The Department may issue a special permit to a disabled person who has a hunting license authorizing the person to hunt from a stopped vehicle which is not on a public highway. The Department shall prescribe regulations requiring applicants to submit reasons for granting this permit, and shall require every licensee to possess this permit while hunting.

#### Section 10-308.1

(a) In addition to any other requirement, a person hunting migratory game birds in the State first shall purchase a Maryland migratory game bird stamp.

(b)

  (1)

    (i) A person may obtain a Maryland migratory game bird stamp for a fee of $15.00 from any person designated by the Department.

    (ii) The issuing person designated shall retain the sum of 75 cents as compensation for issuing each stamp.

    (iii) The balance of the fee is paid over and accounted for to the State Treasurer.

    (iv) The Treasurer shall credit all such fees received to the State Wildlife Management and Protection Fund, in accordance with Sec. 10-209 of this title.

  (2)

    (i) The Department may sell expired stamps below face value to the general public for a period of 3 years, after which time the Department shall shred any unsold expired stamps.

    (ii) All revenues derived from the sale of the stamps sold under subparagraph (i) of this paragraph shall revert back to the Game Management Fund.

(c) While hunting migratory game birds, a person must be in possession of proof of purchase of the Maryland migratory game bird stamp.

(d)

  (1) All revenues accruing to the Wildlife Management and Protection Fund from sales of the migratory game bird stamps shall be expended solely for the following purposes:

    (i) Migratory game bird projects included in an approved State program to create, develop, enhance, maintain, and manage nesting cover, winter foods, and other habitat components on public lands to satisfy the habitat requirements of a broad range of wintering migratory game birds and native migratory game bird species;

    (ii) Migratory game bird research, management, and surveys; and

    (iii) Migratory game bird projects that conserve migratory game bird breeding habitats in Canada.

  (2)

    (i) To encourage waterfowl habitat conservation on private lands, the Department shall implement a 10-year licensing agreement for approved projects on privately owned lands detailing the landowner's responsibilities.

    (ii) Expenditures by private landowners on private land for these waterfowl projects approved by the Department and covered by the licensing agreement shall be considered a contribution to the State.

  (3) On or before December 1 each year, the Department shall report to the General Assembly, in accordance with Sec. 2-1257 of the State Government Article, on the effectiveness of any expenditures from the Wildlife Management and Protection Fund for migratory game bird projects under paragraph (1)(iii) of this subsection.

(e)

  (1) The Governor shall appoint a Migratory Game Bird Advisory Committee of 9 members who have a practical knowledge of migratory game bird habitat conservation, migratory game bird ecology, migratory game bird management, or migratory game bird hunting.

  (2) The Committee shall advise the Department on:

    (i) Matters relating to expenditures of funds derived from the sale of Maryland migratory game bird stamps;

    (ii) Policy, regulations, and legislation related to migratory game birds; and

    (iii) Migratory game bird habitat conservation projects.

#### Section 10-308.2

Notwithstanding any other provision of law, a nonresident may hunt snow geese in this State without a resident or nonresident Maryland hunting license if:

(1) The nonresident possesses a valid hunting license from the nonresident's home state;

(2) The nonresident purchases a Maryland migratory game bird stamp; and

(3) The nonresident's home state allows a Maryland resident to hunt snow geese without a nonresident hunting license from the home state in accordance with the following conditions:

  (i) The Maryland resident must possess a valid Maryland hunting license; and

  (ii) The Maryland resident must purchase a migratory waterfowl stamp from the home state.

#### Section 10-309

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Waterfowl hunting guide" means an individual who:

    (i) Is an employee of a waterfowl outfitter; and

    (ii) Furnishes personal guiding services in assisting individuals to hunt wild waterfowl.

  (3)

    (i) "Waterfowl outfitter" means an individual who receives monetary consideration for the outfitting or guiding of hunters to hunt wild waterfowl.

    (ii) A "waterfowl outfitter" may be:

      (1) Self-employed; or

      (2) An officer of a corporation or partner in a partnership that operates a commercial service that outfits or guides hunters to hunt wild waterfowl.

    (iii) "Waterfowl outfitter" does not include a waterfowl hunting guide, agent, employee, or helper of a waterfowl outfitter.

(b) Except as provided in Sec. 10-309.1 of this subtitle, an individual must be licensed by the Department as a waterfowl outfitter or a waterfowl guide before the individual may receive monetary consideration for outfitting or guiding a hunter to hunt wild waterfowl.

(c) The Department shall adopt regulations that include:

  (1) Minimum qualifications to obtain a waterfowl outfitter and waterfowl hunting guide license and other application requirements;

  (2) Procedures for the review of applications;

  (3) Criteria for the issuance and denial of licenses;

  (4) Grounds for license suspension and revocation;

  (5) Standards for the conduct of waterfowl outfitters and waterfowl hunting guides; and

  (6) Any other provisions the Department finds necessary to regulate waterfowl outfitters and waterfowl hunting guides.

(d)

  (1) The fees for licenses are as follows:

    (i) Waterfowl outfitter     $300

    (ii) Waterfowl hunting guide     $50

  (2) The term of a waterfowl outfitter license and a waterfowl hunting guide license is 1 year from August 1 through July 31 of each year.

(e) The Department may suspend or revoke a waterfowl outfitter license of an individual based on a conviction for a violation by a waterfowl hunting guide committed while the waterfowl hunting guide was employed by the waterfowl outfitter.

#### Section 10-309.1

A nonresident may provide waterfowl hunting guide services for hunting snow geese in the State without a Maryland waterfowl hunting guide license if:

(1) The nonresident possesses a valid waterfowl hunting guide license from the nonresident's home state;

(2) The nonresident's home state allows a Maryland resident to provide waterfowl hunting guide services for hunting snow geese without a waterfowl hunting license from the nonresident's home state if the Maryland resident possesses a valid Maryland waterfowl hunting guide license; and

(3) The nonresident purchases a Maryland migratory game bird stamp.

#### Section 10-310

A person may not obtain a hunter's license issued pursuant to the provisions of this subtitle under an assumed name, an address other than the person's legal place of residence, or by making any false statement.

#### Section 10-311

If any person, convicted of violating Sec. 10-306 of this subtitle under any penalty provided in this title, presents the person's hunter's license to the court within five days after the person's conviction, the court, if it determines that the person held the license prior to the person's arrest and that the violation was due to inadvertence, may reduce by one-half any penalty originally imposed.

#### Section 10-312

(a) The Department shall suspend a person's hunter's license if the license is used or presented to a law enforcement officer by a person other than the person to whom the license was issued, pending the disposition of a criminal proceeding against the other person.

(b) In addition to any penalty provided in this title, if any person is convicted of hunting without a proper hunter's license in the person's possession, or using another person's hunter's license, the hunter's license shall be rendered void. The person upon whom the hunter's license is found and the licensee may not procure a hunter's license the following hunting license year. However, this section does not apply to a licensee who does not knowingly give the licensee's license to another.

#### Section 10-313

For the purpose of managing wildlife the Secretary may issue a permit when the Secretary deems it advisable to any person to trap game on property owned or acquired by the State, controlled by the Department, or on any property where permission is obtained from the owner.

### Subtitle 4. Hunting Restrictions -- in General

#### Section 10-401

(a) Except for unprotected birds and game birds hunted during open season, a person may not hunt, destroy, or possess in any manner any wild bird within the State whether killed in the State or in any other state, territory, or country.

(b) Unless prohibited by federal law, this section does not prohibit a landowner or his agent from shooting hawks or owls when considered necessary to protect poultry or game birds or mammals on the landowner's property from destruction. In addition, this section does not prohibit the Department from controlling birds or mammals which have become obnoxious in nature or habit or are damaging wildlife on any lands in the State.

(c)

  (1) Except for the sale of captive breed birds of prey as permitted under federal and State propagation or federal and State falconry regulations, a person may not sell, offer for sale, offer to purchase, barter, or exchange the plumage, skin, or body of any nongame bird, whether caught within the State or in another state, territory, or country.

  (2) Except as otherwise provided, a person may not possess any game bird for sale whether caught within the State or in another state, territory, or country.

#### Section 10-402

(a) A person may not take or destroy or attempt to take or destroy the nest or eggs of any wild bird or possess the nest or eggs.

(b) A person may not hunt or take any nest or egg of any bird regulated by the United States Department of the Interior pursuant to the Migratory Bird Treaty Act, 40 Stat. 755, except in the manner and by the means prescribed by the rules and regulations adopted by the Secretary of the Interior of the United States and approved by the President of the United States pursuant to the provisions of the Migratory Bird Treaty Act, 40 Stat. 755.

(c) A person may take or possess any nest or egg of any wild bird regulated by the United States Department of the Interior pursuant to the Migratory Bird Treaty Act, 40 Stat. 755, for scientific purposes if the person first obtains a permit from the Secretary of the Interior of the United States and a scientific certificate from the Department.

#### Section 10-403

(a) A person may not hunt, purchase, sell, barter, exchange, or attempt to hunt, purchase, sell, barter, or exchange any game bird except as provided by federal or State laws and rules and regulations.

(b) A person may not hunt or possess any game bird in excess of the limits prescribed by federal or State laws and rules and regulations.

(c) A person may not hunt game birds at any time or in any manner on land or in waters within the boundary lines of any federal or State-owned or controlled migratory bird refuge unless permitted by federal or State laws or rules and regulations.

#### Section 10-404

(a) In this section, "officially inspected" means venison inspected and passed in accordance with standards established by the:

  (1)

    (U)

      (S) Department of Agriculture (USDA); or

  (2)

    (U)

      (S) Food and Drug Administration (FDA).

(b)

  (1) Notwithstanding the provisions of subsections (c) through (e) of this section, a person may import, sell, offer for sale, purchase, offer to purchase, barter, or exchange domestically raised, officially inspected, and processed venison that the person lawfully obtains, other than white-tailed and sika venison.

  (2) A person who imports, sells, or offers for sale venison shall maintain records documenting the lawful origin of any venison imported or sold, including the species of deer, country or state of origin, the person from whom the venison was obtained, date of delivery, by whom the venison was officially inspected, and quantity of venison.

  (3) These records shall be kept by the importer or seller at the importer's or seller's place of business for a period of 1 year following delivery of the venison.

  (4) The importer or seller shall allow the Department to inspect these records at the importer's or seller's place of business at any reasonable time.

  (5) This subsection does not exempt a person who imports, sells, or offers for sale venison from applicable provisions of Title 21, Subtitles 2 and 3 of the Health - General Article.

(c)

  (1) A person may not hunt or attempt to hunt any game bird or mammal except during open season.

  (2) Except as provided in this section or as authorized under Subtitle 5 or Subtitle 9 of this title, a person may not possess any game bird or mammal during any closed season whether hunted in the State or in another state, territory, or country.

  (3) A person may possess:

    (i) A dead game bird or dead game mammal legally acquired for use as food;

    (ii) A mounted specimen of a game bird or game mammal legally acquired for personal use;

    (iii) Hair, antlers, feathers, feet, or skin of game birds or game mammals legally acquired for personal use; or

    (iv) Deer antlers that have been manufactured into an article of commerce.

(d) A person may ship or bring into the State by express or as baggage any game bird or game mammal the person legally killed in any other state, territory, or country. The game bird or game mammal shall be accompanied by a copy of the hunter's license and any necessary permit of the state, territory, or country in which the game bird or game mammal was killed. If the state, territory, or country does not require documentation, then the game bird or game mammal shall be accompanied by a statement indicating the owner of the specimen, the owner's address, and the state, territory, or country of origin.

(e)

  (1) Except as provided in paragraphs (2) and (3) of this subsection or Sec. 10-512(a)(2)(ii) of this title, a person may not sell, offer for sale, barter, or exchange, at any time within the State any game bird or game mammal taken from the wild, in the State or in another state, territory, or country.

  (2) The prohibitions of paragraph (1) of this subsection do not apply to the:

    (i) Meat, pelt, carcass, or mounted specimen of any beaver, coyote, fisher, fox, mink, muskrat, nutria, opossum, otter, raccoon, skunk, or long-tailed weasel legally taken by the person;

    (ii) Hide, hair, tail, or feet, excluding a mounted specimen of deer, squirrel, or rabbit legally acquired;

    (iii) Feathers, skin, or feet, excluding a mounted specimen of upland and forest game birds legally acquired;

    (iv) Except as prohibited by federal law, feathers of wetland game birds legally acquired;

    (v) Antlers of deer legally acquired in another state and manufactured into an article of commerce in another state; or

    (vi) Legally acquired mounted specimen of a game bird, excluding a migratory game bird, or game mammal, if the original owner is deceased and the specimen is part of the personal property of an owner whose estate is being liquidated or distributed.

  (3) Notwithstanding paragraph (1) of this subsection, a person may receive a raffle ticket for each antlerless deer hunted by the person during a raffle program that:

    (i) Is held during January;

    (ii) Has as its objective the hunting of antlerless deer; and

    (iii) Was previously held at least once from January 1, 2020, through January 30, 2024, inclusive.

(f) Nothing in this section may be construed as allowing deer farming for the purpose of selling deer meat.

(g) Except as authorized under Subtitle 5 or Subtitle 9 of this title, a person may not purchase, offer to purchase, barter, or exchange any game bird or game mammal or any part of a game bird or game mammal if the sale, offer for sale, barter, or exchange is prohibited by this section.

#### Section 10-405

(a)

  (1) Pursuant to Sec. 10-205 of this title, the Department shall establish by regulation and publish by July 1 each year the open season to hunt forest and upland game birds and mammals.

  (2) Except as provided under Sec. 10-410 of this subtitle, the Department may not authorize hunting on a Sunday.

  (3)

    (i)

      (1) Subject to subsubparagraph 2 of this subparagraph, the Department shall establish by regulation by July 1 of each year a junior deer hunt to occur on a Saturday and Sunday on the same weekend during a deer hunting season.

      (2) The regulations adopted under this subparagraph may not authorize the junior deer hunt to occur on a Sunday in a county in which deer hunting is not authorized for that Sunday.

    (ii) A person may participate in the junior deer hunt if the person:

      (1) Is under the age of 17 years;

      (2) Possesses a valid hunting license or is exempt from hunting license requirements; and

      (3) Is accompanied by a person who:

      (A) Is at least 21 years old;

      (B) Possesses a valid hunting license or is exempt from hunting license requirements; and

      (C) Is not in possession of a firearm, a bow, or any other hunting device.

    (iii) A person who participates in the junior deer hunt may use a firearm to hunt deer on the days of the hunt.

(b) If the Department by regulation pursuant to Sec. 10-205 of this title restricts or reduces the number of days normally allowed to hunt, possess, sell, purchase, ship, transport, carry, or export any game bird or mammal because of an emergency situation, the Department may extend the open season to provide a comparable number of days in any given season.

(c) The Department shall establish by regulation the maximum open season for hunting crows which is permissible under federal law, and shall include in its regulations such provisions as are permitted under federal law for control of crows at any time they are found to be committing or about to commit depredation upon ornamental or shade trees, agricultural crops, livestock or wildlife, or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance.

#### Section 10-406

(a) Except during the hunting and trapping season or as allowed under subsection (b) of this section, a person may not hunt or trap any fur-bearing mammal or possess the meat or pelt of any fur-bearing mammal, whether hunted or trapped within the State or any other state, territory, or country.

(b)

  (1)

    (i) A person may possess any green pelt of any fur-bearing mammal until March 25 for purposes of curing the skins.

    (ii) However, in Frederick, Garrett, Allegany, Carroll, Howard, and Washington counties, a person may hunt or trap mink or muskrat between November 15 and February 15, of the year following, and a person may possess any green mink and muskrat pelt until February 25 for purposes of curing the skin.

    (iii)

      (1) In the remainder of the State except for the counties in subsubparagraph 2 of this subparagraph, a person may hunt or trap mink or muskrat between January 1 and March 15.

      (2) In Baltimore, Cecil, Harford, Kent, Queen Anne's, Somerset, and Worcester counties, a person may hunt or trap mink or muskrat between December 15 and March 15 of the year following.

    (iv) The Department may extend any muskrat season set by this subsection for a period of 1 week, if the Department considers it necessary for any reason, including weather conditions.

  (2) A person may possess the meat of muskrat or otter no more than 10 days after the close of open season for these mammals in order to dispose of the meat for food. However, a person may apply for a permit to store the meat during the closed season if the meat was hunted lawfully.

  (3) A muskrat damaging any embankment or impoundment may be destroyed by the owner at any time.

  (4) A person may hunt or trap and possess the pelt or meat of raccoon or opossum during those periods and under the restrictions, including bag limits, the Department may establish by regulation.

  (5) In Charles and Dorchester counties, a person may hunt or trap a fox or possess the pelt of a fox at any time of year.

  (6) A person may hunt or trap on the person's land a coyote, fox or skunk that is damaging or destroying the personal or real property of the landowner.

  (7) A person may:

    (i) Trap a coyote during the trapping season established by the Department; or

    (ii) Hunt a coyote:

      (1) While the person is legally hunting for any other species of game bird or mammal, by any method legal for use at the time in hunting that other species; or

      (2) At any time of year, by predator calling.

#### Section 10-407

(a) Before establishing the open season for ducks, except sea ducks, geese, and swan as required by subsection (b) of this section, the Department shall conduct public hearings on the proposed season, at least 1 of which shall be held, on an alternating basis, in Wicomico, Somerset, Worcester or Dorchester counties.

(b) The Department annually shall establish and publish the open season, excepting Sundays, for doves, mergansers, woodcock, and wetland game birds, including wild waterfowl, in conformity with the federal migratory bird rules and regulations adopted annually by the Secretary of the Interior of the United States.

#### Section 10-408

(a) In this section, "handgun" means a firearm:

  (1) With a barrel length not exceeding 6 inches; and

  (2) That does not have a scope or an electronic device attached.

(b)

  (1) Except as provided in paragraph (2) of this subsection, the Department shall:

    (i) Prescribe by regulation the means or weapons for hunting designated wildlife; and

    (ii) Set forth any restrictions relating to weapons used to hunt designated wildlife, including the amount and size of ammunition for designated game birds or mammals.

  (2) The Department may not prohibit a licensed bow hunter from openly carrying a handgun that the hunter is otherwise authorized to carry under Sec. 4-203 of the Criminal Law Article if the bow hunter:

    (i) Is at least 21 years old;

    (ii) Is hunting in deer management Region A as defined by the Department's Guide to Hunting and Trapping;

    (iii) Is carrying the handgun for personal protection; and

    (iv) Does not use the handgun to kill wildlife wounded by a vertical bow or crossbow.

(c) The Department shall make the regulations available for distribution with each hunting license purchased.

(d) This section does not authorize the Department to restrict the use of firearms except in the activity of hunting designated wildlife.

#### Section 10-408.1

(a)

  (1) A person, while trapping or attempting to trap animals, may not place, set, maintain, or operate any snares, body-gripping, or leghold traps within 150 yards of a permanent human residence.

  (2) This subsection does not apply to:

    (i) State and federal wetlands;

    (ii) Private wetlands as designated by the Department;

    (iii) Land which qualifies for agricultural assessments, as provided under Sec. 8-209 of the Tax - Property Article, and timberland and lands used for reforestation;

    (iv) Except in Howard and Harford counties, owners and lessees of any privately owned land; and

    (v) Owners and lessees of any privately owned land in Howard and Harford counties as long as a trap described in paragraph (1) of this subsection is not within 150 yards of the permanent residence of another person.

  (3) This subsection does not apply to:

    (i) The use of body-gripping traps with a jaw spread of less than 6 inches that are placed, maintained, and operated completely submerged in water; or

    (ii) The use of snap-type traps used to catch rats and mice.

(b)

  (1) A person who is not required to be licensed or permitted under this title shall obtain a free Department identification number from the electronic system under Sec. 1-403 of this article before using a snare, a trap, or another similar device to capture wildlife.

  (2)

    (i) Except as provided in subparagraph (ii) of this paragraph, a person who uses a snare, a trap, or another similar device to capture wildlife must ensure the person's Department identification number is stamped on the device or on a metal tag affixed to the device.

    (ii) The Department may waive the identification requirement under subparagraph (i) of this paragraph if the device is used only on private property that is owned or rented by the person placing the device.

  (3) A person who finds a snare, a trap, or another similar device that does not meet the identification requirements of this subsection may report the device to the Department or the Natural Resources Police Force.

#### Section 10-409

(a) In accordance with Sec. 10-205 of this title, the Department shall establish and publish by April 25 each year the bag limits per day for game birds and mammals by regulation for the ensuing year.

(b) Except as provided in subsection (c) of this section, the bag limits for ducks, geese, brant, railbirds, woodcock, mergansers, doves, and snipe may conform to the federal migratory bird rules and regulations adopted annually by the Secretary of the Interior of the United States.

(c)

  (1) This subsection does not apply in:

    (i) Allegany County;

    (ii) Frederick County;

    (iii) Garrett County;

    (iv) Washington County; and

    (v) The portion of Carroll County geographically west of Route 31 and Route 97.

  (2) During the migratory Canada goose (Atlantic population) hunting season, the bag limit for all Canada geese in the State, including geese found in the Atlantic Flyway Resident Population Hunt Zone and the Atlantic Population Hunt Zone, shall conform to the bag limit for Atlantic population Canada geese adopted annually by the Department of the Interior's U.S. Fish and Wildlife Service.

#### Section 10-410

(a)

  (1)

    (i) The Department may allow a person to hunt on each Sunday of the game bird and game mammal seasons in:

      (1) Allegany County;

      (2) Subject to subparagraph (iii) of this paragraph, Calvert County, from 30 minutes before sunrise until 10:30 a.m.;

      (3) Subject to subparagraph (iii) of this paragraph, Caroline County, from 30 minutes before sunrise until 10:30 a.m.;

      (4) Cecil County;

      (5) Subject to subparagraph (iii) of this paragraph, Charles County, from 30 minutes before sunrise until 10:30 a.m.;

      (6) Subject to subparagraph (iv) of this paragraph, Dorchester County, from 30 minutes before sunrise until 10:30 a.m.;

      (7) Garrett County;

      (8) Subject to subparagraph (iii) of this paragraph, Queen Anne's County, from 30 minutes before sunrise until 10:30 a.m.;

      (9) St. Mary's County;

      (10) Subject to subparagraph (ii) of this paragraph, Somerset County, from 30 minutes before sunrise until 10:30 a.m.;

      (11) Washington County;

      (12) Subject to subparagraph (ii) of this paragraph, Worcester County, from 30 minutes before sunrise until 10:30 a.m.; and

      (13) Wicomico County.

    (ii) The time restrictions under subparagraph (i)10 and 12 of this paragraph do not apply:

      (1) On each Sunday of the deer firearms season; and

      (2) On the last three Sundays in October and the first two Sundays in November of the deer bow hunting season.

    (iii) The time restrictions under subparagraph (i)2, 3, 5, and 8 of this paragraph do not apply:

      (1) On each Sunday during the deer firearms season;

      (2) On the last three Sundays in October and the first two Sundays in November during the deer bow hunting season; and

      (3) On each Sunday of the spring turkey hunting season.

    (iv) The time restrictions under subparagraph (i)6 of this paragraph do not apply:

      (1) On each Sunday of the deer hunting seasons from the first Sunday in October through the second Sunday in January, inclusive; and

      (2) On each Sunday of the spring turkey hunting season.

  (2) The Department may allow a person to hunt deer on each Sunday of the deer hunting seasons from the first Sunday in October through the second Sunday in January, inclusive, in:

    (i) Carroll County; and

    (ii) Frederick County.

  (3)

    (i) Subject to subparagraph (ii) of this paragraph, the Department may allow a person to hunt deer on each Sunday of the deer hunting seasons from 30 minutes before sunrise until 10:30 a.m. in:

      (1) Kent County;

      (2) Montgomery County; and

      (3) Talbot County.

    (ii) The time restrictions under this paragraph do not apply:

      (1) To a participant in a junior deer hunt authorized under this subtitle;

      (2)

        (A) On one Sunday designated by the Department during the deer firearms season; and

      (B) In Kent County and Talbot County, on the remaining Sundays of the deer firearms season, for which the time restrictions shall be from 30 minutes before sunrise until 10:30 a.m. and from 3:00 p.m. until sunset;

      (3) In Kent County, on each Sunday during the deer bow hunting season and the deer muzzle loader season;

      (4) In Montgomery County, on one Sunday designated by the Department during the deer bow hunting season; and

      (5) In Talbot County, on the last three Sundays in October and the first two Sundays in November during the bow hunting season.

  (4) The Department may allow a person to hunt deer during the deer firearms season:

    (i) On each Sunday in Harford County; and

    (ii) On the first Sunday in Anne Arundel County.

  (5) The Department may allow a person to hunt deer during the deer bow hunting season on:

    (i) The last three Sundays in October and the first two Sundays in November in Harford County; and

    (ii) The first Sunday in November in Anne Arundel County.

  (6) The Department may allow a person to hunt deer on each Sunday of the deer bow hunting season in Baltimore City.

  (7) The Department may allow a person to hunt turkey on each Sunday of the spring turkey hunting season in:

    (i) Carroll County;

    (ii) Kent County; and

    (iii) Talbot County, from 30 minutes before sunrise until 10:30 a.m.

  (8) Notwithstanding any other provision of this subtitle, the Department may allow:

    (i) A person with a deer management permit issued under Sec. 10-206(a) of this title to shoot deer on any Sunday throughout the year in accordance with the terms of the permit; and

    (ii) Except in Baltimore City, Baltimore County, Howard County, and Prince George's County, a person with a deer damage permit issued under Sec. 10-206(b) of this title to shoot deer on any Sunday throughout the year in accordance with the terms of the permit.

  (9) The Department may allow a person using a State certified raptor to hunt game birds or mammals on each Sunday during the open season for the game birds or mammals.

  (10) The Department may allow an unarmed person participating in an organized fox chase to chase foxes on Sunday.

  (11) The Department may allow a person shooting pen-reared game birds or tower-released flighted mallard ducks to hunt on Sunday at a regulated shooting ground in accordance with Sec. 10-906 of this title.

  (12) The Department may allow a person who is 16 years old or younger to hunt on Sunday if participating in a junior hunt established by the Department in accordance with this subtitle.

  (13) Except as provided in paragraphs (9) through (11) of this subsection and subject to paragraph (8) of this subsection, a person may not hunt on Sunday in:

    (i) Baltimore City;

    (ii) Baltimore County;

    (iii) Howard County; or

    (iv) Prince George's County.

  (14) A person may not hunt migratory game birds on Sunday.

  (15) A person may not hunt on public land within the State park system on Sunday.

  (16)

    (i) The Department may not allow a person to hunt on public land designated for hunting by the Department on Sunday except in:

      (1) Allegany County;

      (2) Cecil County;

      (3) Garrett County;

      (4) St. Mary's County;

      (5) Washington County;

      (6) Dorchester County, for turkey during the spring turkey hunting season;

      (7) Frederick County, for deer from the first Sunday in October through the second Sunday in January of the following year, inclusive;

      (8) Subject to subparagraph (ii) of this paragraph, Somerset County, on public land leased to a hunt club from 30 minutes before sunrise until 10:30 a.m.;

      (9) Subject to subparagraph (ii) of this paragraph, Worcester County, from 30 minutes before sunrise until 10:30 a.m.; and

      (10) Subject to subparagraph (iii) of this paragraph, Wicomico County, from 30 minutes before sunrise until 10:30 a.m.

    (ii) The time restrictions under subparagraph (i)8 and 9 of this paragraph do not apply:

      (1) On each Sunday of the deer firearms season; and

      (2) On the last three Sundays in October and the first two Sundays in November of the deer bow hunting season.

    (iii) The time restrictions under subparagraph (i)10 of this paragraph do not apply:

      (1)

        (A) On the first Sunday of the deer firearms season; and

      (B) On the remaining Sundays of the deer firearms season, for which the time restrictions shall be from 30 minutes before sunrise until 10:30 a.m. and from 3:00 p.m. until sunset; and

      (2) On the last three Sundays in October and the first two Sundays in November of the deer bow hunting season.

(b) A person may not hunt any game bird or mammal, except raccoon and opossum, at nighttime.

(c)

  (1) A person may not shoot at any species of wildlife from an automobile or other vehicle or, except as provided in Sec. 4-203(b) of the Criminal Law Article and Title 5, Subtitle 3 of the Public Safety Article, possess in or on an automobile or other vehicle a loaded handgun or shotgun, or a rifle containing any ammunition in the magazine or chamber.

  (2) If this subsection is violated by an occupant of a vehicle which has 2 or more occupants and it cannot be determined which occupant is the violator, the owner of the vehicle, if present, shall be presumed to be responsible for the violation. In the absence of the owner of the vehicle, the operator of the vehicle shall be presumed to be responsible for the violation.

  (3) Provisions of this subsection do not apply to a disabled person who obtains a special permit under Sec. 10-307 of this title.

(d)

  (1)

    (i) For the purposes of this subsection, "off-road vehicle" means a motorized vehicle designed for or capable of cross-country travel on land, water, snow, ice, marsh, swampland, or other natural terrain.

    (ii) "Off-road vehicle" includes four-wheel drive or low-pressure tire vehicles, automobiles, trucks, motorcycles and related two-wheel vehicles, amphibious machines, ground-effect or air-cushion vehicles, snowmobiles, boats, farm-type tractors, earth-moving or construction equipment, lawn mowers, snowblowers, garden or lawn tractors, or golf carts.

  (2) A person may not pursue wildlife with an off-road vehicle.

(e)

  (1) A person or 2 or more persons together may not hunt or attempt to hunt at nighttime any species of wild bird or wild quadruped with a light, including the headlights of any vehicle, and a person may not cast the rays of any artificial light when the rays emanate from a vehicle on any woods, fields, orchards, livestock, wild animals or birds, dwellings, or buildings. The provisions of this paragraph do not apply to the normal use of headlights of a vehicle traveling on any public or private road in a normal manner, to any police, emergency or utility company vehicle using spotlights in the performance of their duties, or to any farmer or landowner on the farmer's or landowner's own or leased land using artificial lights to check on the farmer's or landowner's land, crops, livestock, or poultry. However, raccoons, fox, or opossum may be hunted on foot at nighttime during open season with the use of a dog or light, or both.

  (2)

    (i) In Baltimore City and Montgomery and Prince George's counties only, a person may cast the rays of an artificial light from a vehicle on woods, fields, orchards, livestock, wild animals, or wild birds for the sole purpose of observing or photographing wildlife until 9:00 p.m.

    (ii) If a person casts the rays of any artificial light under this paragraph, the person has the burden of establishing that the person was doing so for the purposes of observing or photographing wildlife.

    (iii) If a person casting artificial light under this paragraph or anyone with the person casting artificial light has a firearm or bow in the person's possession, the person shall be presumed to be in violation of paragraph (1) of this subsection.

(f) A person may not shoot at any species of wildlife on, from, or across any paved public highway or the shoulder of the highway. A person may not shoot from any public highway, whether paved or unpaved, in Kent County and Queen Anne's County or shoot from any public road, whether paved or unpaved, within the boundaries of the Hanover municipal waterworks property in Carroll County.

(g)

  (1) Except as provided in paragraphs (2) and (3) of this subsection, a person, other than the owner or occupant, while hunting for any wild bird or mammal may not shoot or discharge any firearm or other deadly weapon within 150 yards, known as the "safety zone", of a dwelling house, residence, church, or other building or camp occupied by human beings, or shoot at any wild bird or mammal while it is within this area, without the specific advance permission of the owner or occupant.

  (2) A person, while hunting for any wild bird or mammal, may not shoot or discharge any firearm within 300 yards of a public or nonpublic school during school hours or at a time when a school-approved activity is taking place.

  (3)

    (i) For archery hunters in Allegany County, Baltimore City, Calvert County, Carroll County, Cecil County, Frederick County, Garrett County, Harford County, Montgomery County, St. Mary's County, Washington County, Worcester County, or Wicomico County, the safety zone described in paragraph (1) of this subsection extends for 50 yards from a dwelling house, residence, church, or any other building or camp occupied by human beings.

    (ii) For archery hunters in Anne Arundel County, the safety zone described in paragraph (1) of this subsection extends for 100 yards from a dwelling house, residence, church, or any other building or camp occupied by human beings.

    (iii) In Howard County, for archery hunters who are hunting under the authority of a deer management permit, or who are actively participating in a hunting program administered by the county, the safety zone described in paragraph (1) of this subsection extends for 50 yards from a dwelling house, residence, church, or any other building or camp occupied by humans.

  (4) During any open hunting season, a person, other than the owner or occupant, may not hunt or chase willfully any wild bird or mammal within the safety zone without the specific advance permission of the owner or occupant.

  (5) In Harford County, an archery hunter shall use a tree stand when hunting any wild bird or mammal within 50 to 100 yards of a dwelling house, residence, church, public or nonpublic school, or other building or camp occupied by human beings.

  (6)

    (i) In Montgomery County or Washington County, an archery hunter shall be in an elevated position that allows the hunter to shoot in a downward trajectory when hunting any wild bird or mammal within 50 to 100 yards of a dwelling house, residence, church, public or nonpublic school, or other building or camp occupied by human beings.

    (ii) In Howard County, for archery hunters who are hunting under the authority of a deer management permit, or who are actively participating in a hunting program administered by the county, shall be in an elevated position that allows the hunters to shoot in a downward trajectory when hunting any wild bird or mammal within 50 to 150 yards of a dwelling house, residence, church, public or nonpublic school, or other building or camp occupied by human beings.

(h) A person may not dig in or drive a motor vehicle on any cleared field while hunting, except with the permission of the owner, tenant, or other person in charge of the land, or park or leave standing any motor vehicle so that the motor vehicle blocks the means of ingress or egress to any person's property, cattle ways, or fields.

(i) A person may not carry a firearm to hunt any wild bird, mammal, amphibian, or reptile while intoxicated or under the influence of alcohol or any narcotic drug.

(j)

  (1) A person may not hunt or attempt to hunt wild birds or mammals from an aircraft within the State.

  (2) Any person who violates provisions of this subsection is guilty of a misdemeanor and upon conviction is subject to a fine of not more than $1,000 or imprisonment for not more than 6 months or both, with costs imposed in the discretion of the court.

(k) A person may not set any trap, except box traps for rabbits, net, or snare of any description to take any game birds or mammals, except fur-bearing mammals. A trap, net, or snare found in the possession of any person shall be prima facie evidence that the device was used to violate this subsection. A law enforcement officer of the State shall confiscate and destroy the device. A person may not place traps of any description on another person's property without the other person's written permission.

(l) A person may not hunt with any ferret or weasel.

(m) A person may not kill, attempt to kill, or injure by poison wildlife or domestic poultry.

(n) A person may not smoke, burn, injure, hunt, or molest any game birds or mammals in any den or damage or destroy the den of any game bird or mammal.

(o)

  (1) In Anne Arundel, Baltimore, Howard, Montgomery, and Prince George's counties, a person may not use, set, place, or maintain any steel jaw leghold trap on land. The steel jaw leghold trap may be used for the capture of fur-bearing mammals in water only.

  (2) This subsection does not apply to:

    (i) Traps set on farmland by the owner of the farmland, by the owner's agent or tenant, owner's lessee, or by any member of the owner's or tenant's immediate family who resides on the farmland; or

    (ii) Traps set by an authorized agent of the Maryland Forest, Park and Wildlife Service who exercises the agent's duties for wildlife control under guidelines established by the Department.

(p)

  (1)

    (i) "Snare trap" means a device made of wire, synthetic cord, or other material that:

      (1) Is in the form of a noose with a slipknot, stop, swivel, or eyelet holes; and

      (2) Is designed or set with the intent of capturing an animal by the neck.

    (ii) "Snare trap" includes:

      (1) A pole snare;

      (2) A hanging snare; and

      (3) A neck snare.

  (2)

    (i) Except as provided in subparagraph (ii) of this paragraph, in Anne Arundel, Baltimore, Carroll, Cecil, Harford, Montgomery, and Prince George's counties, a person may not use, sell, possess, set, place, or maintain a snare trap.

    (ii) In Anne Arundel County, from July 1, 1990, through June 30, 1992, a person may sell or possess a snare trap.

#### Section 10-411

(a) A person may not upon any pretense come to hunt on the lands owned by another person without the written permission of the landowner or the landowner's agent or lessee.

(b) Any person hunting on this private property is liable for any damage the person causes to the private property while hunting on the private property.

(c) The landowner may not be liable for accidental injury or damage to the person whether or not the landowner or the landowner's agent gave permission to hunt on the private property.

(d) In Harford County a person who violates subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to a fine of not less than $25 and not exceeding $250.

#### Section 10-412

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Baited area" means any area where shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed capable of luring, attracting, or enticing birds is directly or indirectly placed, exposed, deposited, distributed, or scattered, and this area remains a baited area for 10 days following complete removal of all corn, wheat or other grain, salt, or other feed.

  (3) "Baiting" means the placing, exposing, depositing, distributing, or scattering of shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed so as to constitute for birds a lure, attraction, or enticement to, on, or over any areas where persons are attempting to hunt them.

(b) A person may not hunt wetland game birds or upland game birds, except quail and pheasant, by the aid of baiting, or on or over any baited area, if the person knows or reasonably should know that the area is a baited area.

(c) This section does not prohibit:

  (1) The hunting of wetland and upland game birds on or over standing crops, flooded standing crops (including aquatics), flooded harvested croplands, grain crops properly shocked on the field where grown, or grains found scattered solely as the result of normal agricultural planting or harvesting; and

  (2) The hunting of all upland game birds on or over any lands where shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed has been distributed or scattered as the result of bona fide agricultural operations or procedures, or as a result of manipulation of a crop or other feed on the land where grown for wildlife purposes. Manipulation for wildlife management purposes does not include the distributing or scattering of grain or other feed once it has been removed from or stored on the field where grown.

(d) By rule or regulation, the Department may exempt from this section captive raised mallard ducks which are released on a regulated shooting ground to be shot at immediately after release.

#### Section 10-413

(a) An owner of a dog may run or train the owner's dog on woodcock, pheasants, or any imported species, ruffed grouse, rabbit, hare, and quail at any time of year if an attendant accompanies the dog. An attendant of the dog may not carry firearms of any description, except a handgun, or permit the dog, while being trained, to kill any game birds or mammals except during the open season for the game. Each attendant shall possess a valid hunting license while training any dog.

(b) A person may not willfully allow any dog belonging to the person to destroy the eggs or nest of any game bird or mammal. Any person harboring a dog shall be deemed its lawful owner.

(c) Any Natural Resources police officer or any law enforcement officer may kill any dog, which does not bear a license, found destroying game birds or mammals or the nest or eggs of any game bird or mammal.

(d) A Natural Resources police officer or any law enforcement officer shall and any other person may destroy any cat found hunting any game bird or mammal or protected bird or mammal. A cause of action for damages cannot be maintained for this act.

(e)

  (1) The owner or custodian of a retriever dog shall obtain a permit from the Department before the owner or custodian may shoot artificially reared game birds for the purpose of training the dog. The permit is not required in order to shoot game birds during an open season or on a licensed shooting preserve.

  (2) Only the trainer of a retriever dog and not an assistant to the trainer is required to obtain a permit under this subsection.

  (3) On payment of the $5 permit fee, the Department shall issue annually a permit to the owner or custodian of a retriever dog to train the dog at any time of the year.

  (4) A permittee under this subsection may, while training a retriever dog, possess and shoot with a shotgun any artificially reared game bird that has been liberated by hand and tagged before its use with an identification band provided by the Department.

#### Section 10-414

(a) A person may not possess any live raccoon or opossum unless the person first procures a permit from the Department. Any raccoon or opossum reduced to possession by a hunter or trapper shall be immediately killed.

(b) Notwithstanding any other provisions of this title, the owner of a marsh or the owner's employees may hunt any raccoon which destroys a muskrat or its home in a marsh area of the State at any time.

(c) A landowner or the landowner's agent may set or use steel traps or similar devices at any time to trap raccoon or opossum which are damaging property.

(d) A person may not cut a tree for the purpose of hunting or dislodging a raccoon or opossum without the consent of the owner of the tree.

#### Section 10-415

(a) There are the following 3 seasons to hunt deer:

  (1) Deer bow hunting season;

  (2) Deer firearms season; and

  (3) Deer muzzle loader season.

(b) A person who harvests a game bird or mammal shall report the harvest in accordance with regulations adopted by the Department.

(c)

  (1) A person with a hunting license also may purchase bonus deer stamps from the Department.

  (2) A bonus deer stamp allows a person with the hunting license to hunt 1 deer for each stamp purchased in any of the following hunting seasons for deer in the State:

    (i) Deer bow hunting season;

    (ii) Deer muzzle loader season; and

    (iii) Deer firearms season.

  (3) An individual who purchases a bonus antlered deer stamp but does not use it during a particular season may use that stamp during any subsequent season in that hunting license year.

  (4) The fee for each bonus antlered deer stamp issued in accordance with this subsection shall be $10.00 for residents and $25.00 for nonresidents.

  (5) The Department may establish by regulation the type and number of deer stamps issued under this subsection if necessary to control the deer harvest in various areas of the State.

(d)

  (1) In this subsection, "Deer Management Permit" means a permit issued by the Department authorizing the holder or an agent of the holder to hunt deer outside of deer hunting season for the purpose of preventing damage to crops.

  (2) On private property in Baltimore County, Charles County, Calvert County, St. Mary's County, and Harford County, the Department may authorize an individual who hunts deer under a Deer Management Permit to use a shotgun or breech loading center fired rifle approved by the Department to hunt deer throughout the year, including all deer hunting seasons, in the locations and under the conditions set forth in the permit.

  (3) On State land leased by a permit holder for the purpose of cultivating crops, the Department may authorize an individual who hunts deer under a Deer Management Permit to use a shotgun or breech loading center fired rifle approved by the Department to hunt deer throughout the year, including all deer hunting seasons, in the locations and under the conditions set forth in the permit.

  (4) To protect public safety and welfare, the Department may restrict the lands on which an individual may hunt deer under a Deer Management Permit.

  (5)

    (i) This paragraph applies only in Frederick County.

    (ii) Subject to the conditions set forth in a Deer Management Permit, a permittee may use a rifle approved by the Department to harvest deer throughout the year, including all deer hunting seasons.

    (iii) In Frederick County Zone 1, as defined in COMAR 08.03.03.06A.(3)(g), an agent of a permittee may use a rifle to harvest deer throughout the year.

    (iv)

      (1) This subparagraph applies only in Frederick County Zone 2, as defined in COMAR 08.03.03.06A.(3)(h).

      (2) Except as provided in subsubparagraph 3 of this subparagraph, an agent of a permittee may use a rifle to harvest deer in a period beginning October 1 and ending March 31.

      (3) In a deer firearms season, an agent of a permittee may harvest deer only by using the weapon approved for that season.

    (v) The Department shall adopt regulations to implement this paragraph.

(e) A person may not remove the head or hide or any part from any deer, except internal organs, or cut the meat into parts until the person has obtained a confirmation number for that deer from the Department. Removal of the head or the hide of any deer before obtaining a confirmation number for that deer shall be prima facie evidence that the deer was hunted illegally. Each separate deer taken illegally or found in possession shall be considered a separate offense.

(f) A person who possesses a game bird or mammal killed by means other than hunting shall report the possession in accordance with regulations adopted by the Department.

(g) A person may not hunt a deer while the deer is taking refuge in or swimming through the waters of the State.

(h) Upon written request from a federal facility for a variance from the established deer hunting season, the Department shall review the request and may:

  (1) Approve the request;

  (2) Deny the request; or

  (3) Approve the request with conditions.

#### Section 10-416

(a)

  (1) A person may not hunt deer in the State with any automatic firearm. In this subsection, an automatic firearm means a firearm designed to fire, or which is mechanically altered to fire, 2 or more shots with 1 continuous pressure on the trigger.

  (2) A person may not use full metal-jacketed, incendiary, or tracer bullets in hunting deer in the State. However, the use of metal-jacketed bullets designed to expand on impact is not prohibited.

  (3) A person may not hunt deer with any firearm that uses an ammunition clip holding more than 8 cartridges or bullets. In this paragraph, "ammunition clip" includes a cartridge or bullet holder called a banana clip.

(b)

  (1) Except as provided in regulations adopted by the Department under paragraph (2) of this subsection, a person may not:

    (i) Take a dog into the woods or possess or control a dog in the woods; and

    (ii) Use the dog to hunt or pursue deer.

  (2) The Department shall adopt regulations governing the use of dogs to aid in the prompt recovery of killed, wounded, or injured deer.

  (3)

    (i) In Baltimore, Harford, Howard, Montgomery, Prince George's, Somerset, Washington, and Worcester counties, a person may not kill a dog found pursuing a deer.

    (ii) In all other counties, any Natural Resources police officer, law enforcement officer, or any other person may kill any dog found pursuing any deer, except in accordance with regulations adopted under paragraph (2) of this subsection.

    (iii) In Caroline, Dorchester, Talbot, Kent, Anne Arundel, Cecil, Charles, Garrett, St. Mary's, Queen Anne's, Frederick, Carroll, and Calvert counties, dogs that are engaged in fox hunting and who have broken away may not be killed under this paragraph.

(c) A person or 2 or more persons together may not throw or cast the rays of a spotlight, headlight, artificial light, battery, or other device on any highway or in any field, woodland, or forest while possessing or having under control a firearm or other implement by which any deer could be killed, even though the deer is not shot at, injured, or killed. The provisions of this subsection do not apply where the headlight of a motor vehicle, operated by any person traveling on a highway in the usual way, casts a light upon deer on or adjacent to the highway and there was no attempt or intent to locate the deer.

(d) Any person who violates any provision of subsection (c) of this section is guilty of a misdemeanor and upon conviction is subject to a fine not exceeding $2,000 or imprisonment for not more than 6 months or both, with costs imposed in the discretion of the court. Any person convicted of violating the provisions of this subsection shall have the person's hunting license revoked and shall be denied the privilege of hunting in the State for at least 2 and not exceeding 5 years. In addition to these penalties, every spotlight, artificial light, battery, or device to spot, locate, or hunt for deer, and every firearm, bow and arrow, or device capable of killing a deer, found in or on any vehicle or in possession of the person convicted, or used to violate the provisions of this subsection, shall be confiscated and disposed of by the Secretary as the Secretary deems advisable.

#### Section 10-417

(a) A person may not export from the State any game bird or mammal, except wild waterfowl and fur-bearing mammals. However, a licensed hunter may take out as personal baggage in the open season only the prescribed possession limit as set by regulation. The hunter shall produce the hunter's hunting license upon demand of any Natural Resources police officer, any law enforcement officer, or agent of the common carrier. An express company or any common carrier knowingly may not accept any game bird or mammal, except wild waterfowl or fur-bearing mammals, for shipment within or outside the State.

(b) A person desiring to export wild waterfowl from the State shall ship them in the open, tied by head or feet and tagged accordingly, or in a container, slatted so that the birds are visible. A person may not export from the State in 1 week more than the prescribed bag limit of wetland game birds the person kills.

(c) A person acting as a common carrier, or an officer, agent, or employee of a common carrier, may not ship, carry, take, or transport any nongame bird within or outside the State.

#### Section 10-418

(a) This section does not apply to any person who:

  (1) Hunts deer with a bow and arrow during the season restricted to hunting with a bow and arrow;

  (2) Hunts game birds or mammals during the open season using falcons, hawks, or owls; or

  (3) Hunts or accompanies, aids, or assists another person hunting the following species:

    (i) Wetland game birds;

    (ii) Fur-bearing mammals;

    (iii) Crows;

    (iv) Doves; or

    (v) Wild turkeys.

(b) Except as provided in subsection (a) of this section, a person who hunts any wildlife and a person who accompanies, aids, or assists another person in a field, wooded area, marsh, or on the water to hunt any wildlife shall wear:

  (1) A cap of a solid daylight fluorescent orange or daylight fluorescent pink color;

  (2) A vest, jacket, or jacket containing back and front panels of at least 250 square inches of a solid daylight fluorescent orange or daylight fluorescent pink color; or

  (3) An outer garment of camouflage fluorescent orange or pink worn above the waist which contains at least 50 percent daylight fluorescent orange or daylight fluorescent pink color.

(c) By regulation, the Department may define the terms:

  (1) "Daylight fluorescent orange" consistent with the recommendations of the North American Association of Hunter Safety Coordinators; and

  (2) "Daylight fluorescent pink".

#### Section 10-419

(a) It is unlawful to import into the State for commercial purposes, to possess with intent to sell, or to sell the dead body or a part or product of a seal.

(b) This section does not prohibit the sale or possession with intent to sell of a part or product of a seal when the seller can demonstrate that the part or product was imported prior to July 1, 1973. It does not prohibit the sale of a part or product of a seal by an individual not normally engaging in this type of commercial sale, as long as the part or product was originally possessed and used by the seller for the seller's own private purposes. This section does not prohibit the importation of a seal or a part or product of a seal as long as the importation is done for legitimate zoological, educational, or scientific purposes.

(c) A person who violates a provision of this section shall be guilty of a misdemeanor and upon conviction is subject to a fine not exceeding $1,000, for each violation, or imprisoned for 6 months, or both.

#### Section 10-420

The Department shall establish a separate season for hunting deer with muzzle loading firearms.

#### Section 10-420.1

Notwithstanding any hunting law or regulation to the contrary, a person may hunt deer with a handgun having a barrel length of 6 inches or longer and ammunition which produces a muzzle energy of 700 foot pounds or more during the firearms hunting season only in hunting areas where a high-powered rifle is allowed as provided in Sec. 10-415 of this subtitle.

#### Section 10-421

On the first day of the firearms season for hunting deer, a person may not hunt any animal other than deer in this State, except that waterfowl may be hunted from a licensed gunning rig within the seaduck shooting zone and gunning rig zone.

#### Section 10-422

(a) If the Department determines that a significant interference or disruption of a hunt or hunters is likely to occur on any land managed by the Department, the Department may adopt regulations to prohibit that interference or disruption.

(b) While on private land that is owned by another person or in a hunting area on land managed by the Department, a person may not:

  (1) Interfere intentionally with the lawful taking of wildlife by another person; or

  (2) Harass, drive, or disturb any game animal intentionally for the purpose of disrupting a lawful hunt.

(c) A Natural Resources police officer or other police officer of the State who has probable cause to believe that a person has violated this section may:

  (1) Order the person to desist or to leave the area; or

  (2) Arrest the person on refusal to desist or leave the area.

(d) The conduct declared unlawful in this section does not include any incidental interference arising from lawful activity by private land users or users of land managed by the Department, including farmers, miners, or persons engaged in recreation.

#### Section 10-423

(a)

  (1) Except as provided in paragraph (2) of this subsection, any penalty imposed under this section does not apply to an individual who kills or wounds a black bear in defense of the individual's own life, the lives of other individuals, or the lives of animals, including honey bees in a bee colony managed by the individual, on the individual's property.

  (2) The exemption for an individual that kills or wounds a black bear in defense of a honey bee under paragraph (1) of this subsection applies only to an individual who has installed and properly maintained an electric fence.

(b) If the Secretary adopts any regulation, including an emergency regulation, under Sec. 10-205 of this title or Sec. 10-405 of this subtitle to prohibit the hunting, possessing, selling, purchasing, shipping, carrying, transporting, or exporting of black bears, a person who violates the regulation is subject to the following penalties:

  (1) For a first offense, a fine not exceeding $1,500, imprisonment not exceeding 6 months, or both; and

  (2) For a second or subsequent offense, a fine not exceeding $2,000, imprisonment not exceeding 1 year, or both.

#### Section 10-423.1

(a) The General Assembly finds that it is in the public interest to provide funding to prevent conflicts with black bears before they occur and to reimburse a person who has sustained damage to agricultural products or pets as a result of black bear.

(b)

  (1) There is a Black Bear Damage Prevention and Reimbursement Fund in the Department.

  (2) The Fund consists of:

    (i) Proceeds from the sale of a conservation bear stamp or decal which may be purchased at a cost of $5 for each stamp or decal;

    (ii) Gifts, grants, and contributions to the State that are designated for inclusion in the Fund; and

    (iii) Money appropriated in the State budget to the Fund.

  (3) The Fund is a continuing, nonlapsing special fund, and is not subject to Sec. 7-302 of the State Finance and Procurement Article.

  (4) The State Treasurer shall hold and the State Comptroller shall account for the Fund.

(c)

  (1) The Department shall accept requests for grants from the Fund for projects that seek to prevent damages caused by black bears and reduce conflicts between humans and black bears through nonlethal methods.

  (2) In determining projects that are eligible for grants, the Department shall consider projects that:

    (i) Reduce the availability of attractants to black bears in communities, including agricultural communities;

    (ii) Discourage black bears from entering areas that have a high number of conflicts between humans and black bears;

    (iii) Have local community support or a detailed plan to build local community support;

    (iv) Use proven nonlethal techniques for reducing conflicts between humans and black bears or innovative solutions that have the potential to prevent conflicts between humans and black bears;

    (v) Are cost-effective investments that have the potential to continue to be effective beyond the time frame for the grant funding; or

    (vi) Include matching funds or an in-kind match.

  (3) The Department may not award a grant for:

    (i) The lethal removal of black bears;

    (ii) Stand-alone research, data collection, and analysis; or

    (iii) The direct generation of revenue or profit.

  (4) Entities eligible for a grant under this subsection include:

    (i) Local governments;

    (ii) Parks and recreation departments;

    (iii) Landowners;

    (iv) Farmers;

    (v) Businesses;

    (vi) Tribes;

    (vii) Institutions of higher education; and

    (viii) Nonprofit organizations.

  (5) Grant funding under this subsection shall be capped at an amount that leaves at least 10% of the total annual appropriation under subsection (f) of this section available for black bear damage reimbursement under subsection (d) of this section.

(d)

  (1) The Department may reimburse a person from the Fund for damage caused by black bears in accordance with this subsection for any damage to the person's:

    (i) Beehives, fruit, or other crops;

    (ii) Livestock and poultry as defined in Sec. 1-101 of the Agriculture Article; or

    (iii) Pets as defined in Sec. 4-501 of the Family Law Article.

  (2) A person is eligible to be reimbursed from the Fund for damage caused by black bears if:

    (i) The person has followed all black bear damage preventive measures recommended by the Department;

    (ii) The damage amount is determined by an extension agent of the University of Maryland Cooperative Extension Service; and

    (iii) The Department has verified that the damage was caused by black bear.

  (3) Subject to available funding, a person may be reimbursed from the Fund for damage caused by black bears in an amount not less than $200 or more than $5,000 per year.

(e) The Department shall adopt regulations to carry out this section.

(f) For each fiscal year, the Governor may include in the annual budget bill an appropriation of at least $50,000 to the Fund.

#### Section 10-424

(a) While engaged in hunting or pursuing any wildlife or unprotected birds or mammals, a person may not:

  (1) Carelessly or negligently shoot, wound, or kill another person; or

  (2) Intentionally or willfully destroy or damage:

    (i) Any real property, personal property, or farm livestock of another person; or

    (ii) A domesticated animal that is in a safety zone established under Sec. 10-410(g) of this subtitle.

(b)

  (1) A person may not conduct or participate in an organized contest for prizes or monetary awards for which unprotected birds are launched by mechanical or manual means as targets for the contest participants.

  (2) This subsection does not apply:

    (i) To the lethal taking of unprotected birds to protect or manage public or private property, domestic animals, livestock, or wildlife; or

    (ii) During an otherwise authorized hunting or dog training activity.

  (3) A person is subject to a fine of $25 for each unprotected bird killed in violation of this subsection.

#### Section 10-424.1

In addition to any other penalty provided in this title, the Department may suspend the hunting license of a person who is charged with a violation of Sec. 10-424(1) of this subtitle pending the disposition of the criminal proceeding against the person.

#### Section 10-425

(a)

  (1) A person may not conduct a waterfowl processing operation unless the person has a waterfowl processing operation license issued by the Department under this section.

  (2) The Department may not charge a fee for any license issued under the provisions of this section.

(b)

  (1) A person desiring a waterfowl processing operation license shall apply on a form the Department supplies.

  (2) Upon receipt of a completed application, the Department shall issue a license.

(c) A waterfowl processing operation license:

  (1) Shall expire on June 30 following the date of issuance; and

  (2) May be renewed by providing a completed renewal application.

(d) A waterfowl processing operation may not receive or have in custody any wild waterfowl unless the wild waterfowl is properly tagged as required by State and federal laws and regulations.

(e) A waterfowl processing operation shall keep on forms provided by the Department a record of:

  (1) The number of each species of wild waterfowl processed, received by, or in the custody of the operation;

  (2) The location (county and state) where each wild waterfowl received by the operation was taken;

  (3) The date each wild waterfowl was received by the operation;

  (4) The name and address of the person from whom each wild waterfowl was received;

  (5) The date each wild waterfowl was disposed of by the operation; and

  (6) The name and address of the person to whom each wild waterfowl was delivered.

(f) A licensee shall submit a copy of the records required by subsection (e) of this section to the Department annually prior to the March 1 immediately following the date of the issuance of the license.

(g) At any reasonable hour, a licensee shall allow any Natural Resources police officer or any law enforcement officer to enter and inspect the premises where the operation is conducted and to inspect records.

(h) In addition to any other penalty under this title, the Department may suspend or revoke the license of a licensee who is convicted of violating a provision of this title, a regulation issued under this title, or a federal game law or regulation.

#### Section 10-426

(a) A person may not shoot at or kill a bird or animal in the State with a gun or other device operated or accessed via an Internet connection.

(b) Accessing, regulating access to, or regulating the control of a gun or device capable of being operated in violation of this section shall be prima facie evidence of the commission of an offense under this section.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 1 year or both.

(d) The hunting privilege or hunting license of a person convicted of violating this section shall be revoked, and the person shall be denied the privilege of hunting in the State for at least 2 years and not more than 5 years.

#### Section 10-427

(a) Subject to subsection (b) of this section, a person may not sponsor, conduct, or participate in a contest organized in the State that has the objective of killing a coyote, fox, or raccoon for prizes or monetary rewards.

(b) This section may not be construed to prohibit:

  (1) A landowner or the landowner's agent or lessee from killing coyotes, foxes, or raccoons on property of the landowner, provided that the killing is not part of an organized contest; or

  (2) Lawful dog training or dog performance competitions.

(c) A person is subject to a fine of $50 for each coyote, fox, or raccoon killed in violation of subsection (a) of this section.

#### Section 10-428

(a) Subject to subsection (b) of this section and notwithstanding the time restrictions under Sec. 10-410(a) and (b) of this subtitle, a person who is authorized by the Department to hunt deer and who wounds a deer during legal hunting hours may pursue and kill the deer after legal hunting hours.

(b)

  (1) Subject to paragraph (2) of this subsection, a person who pursues a wounded deer in accordance with subsection (a) of this section shall use only the means authorized for the applicable hunting season or permit to kill the deer.

  (2) Notwithstanding the restrictions under Sec.Sec. 10-410(e) and 10-416(c) of this subtitle, a person who pursues a wounded deer in accordance with subsection (a) of this section may use a light or throw or cast the rays of a spotlight, a headlight, an artificial light, a battery, or any other device while pursuing the wounded deer.

(c) The Department shall adopt regulations to implement this section.

### Subtitle 5. Restrictions Relating to Species Hunted for Their Fur, Pelt, or Hide

#### Section 10-501

(a) In this title the following words have the meanings indicated.

(b) "Fur dealer" means any person who buys or acquires raw and green furs, skins, hides, or pelts of wild quadrupeds from any person and sells or disposes of them.

#### Section 10-502

(a) Any nonresident of the State who desires to trap furbearers, except otter or beaver, first shall procure a nonresident trapper's license in addition to any other license required. The license shall be issued only to residents of other states which grant the same trapping privileges to Maryland residents.

(b) The license shall be:

  (1) Issued for a $50 fee or a fee equal to that charged by the nonresident's home state for a similar license, whichever is greater;

  (2) Issued in accordance with the procedures for issuing nonresident hunting licenses; and

  (3) Effective for the same period as a hunter's license.

(c) In addition to the license fee, the designated person who sells and issues the license may collect a processing fee equal to 10% of the license fee, and the balance of the fee shall be paid and accounted for in the manner provided by Sec. 10-209 of this title.

#### Section 10-504

(a) A person may not hunt any muskrat, beaver, or otter in any manner except by trapping. A person may not dig into or in any manner molest or destroy any part of a muskrat, beaver, or otter den or house. A person may not possess at any time the hide or skin of any muskrat, beaver, or otter which has been caught in any way except by trapping, and any muskrat, beaver, or otter hide or skin which has been punctured by a hole which appears to be a shot or bullet hole shall be prima facie evidence that the muskrat, beaver, or otter was killed illegally.

(b) A person may not possess at any time a light for the purpose of hunting muskrats, beaver, or otter at nighttime. Possession of a light shall be prima facie evidence that the light was intended for this purpose.

(c) A landowner or the landowner's lessee shall have the exclusive right to trap for muskrats down to the mean low watermark or on marsh land adjacent to the landowner's land. A person may not enter upon or place traps upon the land without first obtaining the written consent of the landowner or the landowner's lessee.

#### Section 10-505

(a) A person may not possess, buy, sell, transport, or ship out of the State or offer to buy, sell, transport, or ship out of the State any fur or pelt of any wild quadruped, or any part of them, which has been unlawfully hunted, trapped, possessed, or transported.

(b) The possession of a green pelt or part of the pelt by any person during closed season shall be prima facie evidence that the pelt or part of the pelt was taken and possessed illegally.

(c) In addition to any other penalty provided by the provisions of this title, any person convicted of violating this section may have the person's fur dealer's or taxidermist and fur tanner's license revoked for a period not exceeding 5 years.

#### Section 10-506

(a) Subject to the exceptions of subsection (f) of this section, any person who desires to buy, acquire, sell, transport, ship, or store at any time any fur or pelt of any wild quadruped taken within or outside the State first shall obtain a fur dealer's license from the Secretary.

(b) A person who has resided permanently in the State for a period of not less than 6 months immediately preceding the time of application may obtain a resident State fur dealer's license upon payment of a $50 fee.

(c) A nonresident may obtain a nonresident fur dealer's license upon payment of a $100 fee.

(d) Every application for a license shall contain information the Secretary requires.

(e) Every fur dealer's license issued shall expire on June 30 following the date of issuance.

(f) The Department may not require the following persons to obtain a fur dealer's license:

  (1) A person who buys or otherwise acquires any fur or pelt of any wild quadruped for the personal use of the person and not for barter, exchange, or sale;

  (2) A person who can substantiate the fact that any fur or pelt the person possesses is bought from a licensed fur dealer or lawfully is obtained from a dealer in another state and is dressed, altered, trimmed, repaired, or manufactured into a finished product but not resold as a fur or pelt;

  (3) A tanner or taxidermist who possesses any fur or pelt legally owned by another person and which the tanner or taxidermist temporarily is holding solely for the purpose of processing;

  (4) A person who sells or possesses to sell the meat, pelt, carcass, or mounted specimen of any beaver, coyote, fisher, fox, mink, muskrat, nutria, opossum, otter, raccoon, skunk, or long-tailed weasel legally taken by that person;

  (5) Any person who butchers a deer for another person and who retains the hide or fur of the deer because the other person did not want or take the hide or fur; and

  (6) Any person who sells or possesses to sell the hide, hair, tail, or feet, excluding a mounted specimen of deer, squirrel, or rabbit legally acquired.

(g) The licensee shall allow any Natural Resources police officer or any law enforcement officer to enter the premises and holding facilities where operations are being carried on at all reasonable hours for the following purposes:

  (1) To inspect the premises and holding facilities where operations are being carried on;

  (2) To inspect wildlife; and

  (3) To inspect records.

#### Section 10-507

(a) Each fur dealer shall keep a ledger on a form provided by the Department which includes the name, address, and current hunting, trapping, fur dealer's, taxidermist and fur tanner's, or game husbandry license number of each person from whom any fur was purchased or received within or outside the State, the date of purchase or receipt, the quantity of each species of furs purchased, and the country, state, and county or political subdivision where the furs were taken, and identifies any appropriate official game or fur possession tag number or bill of sale. The ledger must state the final disposition of the furs and the date disposed of. Disposition includes selling, transporting, shipping, storing, or otherwise using or possessing the furs. The licensee also shall include the same information with regard to any wildlife taken from the wild by the licensee. The ledger shall cover every transaction from date of issuance of the fur dealer's license until date of expiration and shall be kept up-to-date. In addition to any other penalty provided by this subtitle, any person convicted of failing to maintain and keep up-to-date a ledger as required by this subsection or of making false entries shall have the license revoked for a period of at least 1 year and not exceeding 5 years.

(b) Between July 1 and July 10, every fur dealer shall submit the ledger to the Secretary along with a statement under oath that the information in the ledger is correct on forms furnished by the Secretary, indicating the number or quantity and species of furs possessed, and the county or place of origin where furs were taken, possessed, bought, sold, transported, shipped, stored, tanned, or used by him during the period covered by the previous license. Every fur dealer also shall include in the report the name, address, and current license number of each person from whom any fur was purchased within or outside the State, the date of purchase, the quantity of each species of furs purchased, and the county where the furs were taken, if purchased in the State. Each report shall cover every transaction from date of issuance of the fur dealer's license until expiration. Application for renewal of a fur dealer's license shall accompany the ledger.

#### Section 10-508

A fur dealer shall carry the license on the dealer's person and shall exhibit the license upon demand. The licensee shall allow any Natural Resources police officer and any law enforcement officer to enter and inspect the premises where operations are being carried on and to inspect records at any reasonable hour.

#### Section 10-509

(a) A person knowingly may not ship, transport, or carry by any means any fur or pelt of any wild quadruped to a point outside the State unless each shipment has a special shipping tag attached on the outside.

(b) Shipping tags shall be obtained from the Secretary.

(c) Each tag shall be composed of 2 parts, and each part shall give the name and address of the consignee and the kind and number of any fur or pelt contained in the package. One part shall be attached to any fur or pelt personally carried open to view or attached on the outside of the container in which any fur or pelt is shipped or transported. The other part of the tag immediately shall be forwarded to the Secretary.

(d) A licensed fur dealer in the State may not be required to attach a special tag to any shipment of furs or pelts of any wild quadruped to another state if the fur dealer's license number for the current year appears on the outside of any package being shipped or transported.

#### Section 10-510

A person may not willfully or wantonly remove, mutilate, or destroy any tag attached to the outside of a container in which any fur or pelt is shipped.

#### Section 10-511

A common carrier or the carrier's agent knowingly may not receive any fur or pelt of any wild quadruped for shipment to any point outside of the State unless the fur or pelt is tagged or marked as required.

#### Section 10-512

(a)

  (1) Any person desiring to commercially practice the art of taxidermy or fur tanning or who desires to mount, preserve, or tan any species of wildlife for another person first shall obtain a taxidermist and fur tanner's license.

  (2) A taxidermist and fur tanner's license also shall permit the holder:

    (i) To mount, preserve, or tan any species of finfish pursuant to Title 4 of this article; and

    (ii) Except as provided in paragraph (3) of this subsection, with the written approval of the Department for each specimen, to sell or dispose of any tanned, cured, or mounted specimen legally acquired but unclaimed by the customer within 30 days after written notice to the customer by certified mail.

  (3) A license holder may not sell or dispose of any tanned, cured, or mounted specimen that is a migratory game bird.

(b)

  (1) A person desiring a taxidermist and fur tanner's license shall:

    (i) Apply on forms the Secretary supplies;

    (ii) Pay a $50 annual license fee;

    (iii) Pass an examination administered by the Department; and

    (iv) Provide recent work samples for examination by the Department.

  (2) Upon receipt of the application and license fee, and examination of work samples, the Secretary may issue the license permitting the practice of taxidermy or fur tanning, as provided in the license, if the applicant has passed the examination and the work samples meet minimum professional standards, as determined by the Department.

(c) A taxidermist and fur tanner's license:

  (1) Shall expire on June 30 following the date of issuance; and

  (2) May be renewed by providing information on forms the Secretary supplies and paying the $50 annual license fee.

(d) Each taxidermist or fur tanner shall keep a ledger on a form provided by the Department indicating the name, address, telephone number and current hunting, trapping, fur dealer's, game husbandry or regulated shooting ground license number of each person, from whom any species of wildlife was purchased or received within or outside the State, the date of purchase, or receipt, and the quantity of each species of wildlife purchased or received and the date the species was delivered or returned to the customer. The ledger shall indicate the country, state, and county or political subdivision in which the species was taken and the date on which the species was taken and identify any appropriate official game possession tag number or bill of sale. The tag or bill of sale shall be attached to the wildlife. The licensee also shall include in the ledger the same information with regard to any wildlife taken from the wild by the licensee. The ledger shall cover every transaction from date of issuance of the taxidermist or fur tanner's license until date of expiration and shall be kept up-to-date. In addition to any other penalty provided by this subtitle, any person convicted of failing to maintain or keep up-to-date a ledger required by this subsection or of making false entries may have the person's license revoked for a period not to exceed 5 years.

(e) The licensee shall allow any Natural Resources police officer or any law enforcement officer to enter the premises and holding facilities where operations are being carried on at all reasonable hours for the following reasons:

  (1) To inspect the premises and holding facilities where operations are being carried on;

  (2) To inspect wildlife; and

  (3) To inspect records.

#### Section 10-513

In addition to any other penalty provided by the provisions of this title, any person convicted of violating any provision of this subtitle shall be fined $5 for each wild bird or wild quadruped or any part of them mounted or possessed for mounting.

### Subtitle 6. Wild Waterfowl

#### Section 10-601

(a) In this subtitle the following words have the meanings indicated.

(b) "Boat" includes any raft, canoe, floating blind, skiff, or other floating device.

(c) "Offshore" means any place on waters of the State below the mean high tide mark on tidal waters or below the mean high water mark on nontidal waters.

(d) "Offshore blind site" means a specific location in the water where a person may hunt wild waterfowl from a boat that is tied to or anchored at a stake which has been licensed pursuant to this subtitle.

(e) "Offshore stationary blind" means an offshore structure built on pilings or stakes that has been licensed pursuant to this subtitle and used for hunting wild waterfowl.

(f) "Waterfowl safety zone" means:

  (1) An area 150 yards from any occupied dwelling; or

  (2) A section of shoreline not exceeding 250 yards in length owned by a federal or State unit.

#### Section 10-601.1

The Secretary may adopt regulations to implement the provisions of this subtitle.

#### Section 10-602

(a) Notwithstanding any other provision of this subtitle, "nighttime" means the time the Secretary of Interior of the United States adopts by rule or regulation.

(b) A person may not hunt wild waterfowl in the State at nighttime in any manner whether from the shore or otherwise. A person may not possess at nighttime any gun or light used for hunting wild waterfowl in or near the vicinity of feeding and resting grounds. Any gun or light found in possession shall be prima facie evidence of intention of a violation of this section, and the light shall be confiscated and turned over to the Secretary.

(c)

  (1) A person may not shoot a wild waterfowl resting on land or water.

  (2) A person who wounds and cripples a wild waterfowl may shoot the waterfowl.

(d) A person may not hunt wild waterfowl from a position located more than 10 feet in the air.

(e)

  (1) The only firearm that a person may use to hunt wild waterfowl is a shotgun fired from the shoulder.

  (2) A shotgun used to hunt wild waterfowl may not be larger than a 10 gauge or loaded with shot not approved by the United States Fish and Wildlife Service.

  (3) While hunting or attempting to hunt wild waterfowl, a person may not possess shotgun shells that are loaded with shot not approved by the United States Fish and Wildlife Service.

(f)

  (1) Subject to federal rule or regulation, the prohibition of this subsection does not apply to an automatic loading or hand-operated repeating shotgun with a magazine that is cut off or that is plugged with a one-piece filler incapable of removal through the loading end that reduces the capacity of the gun to hold no more than three shells at any one time in the magazine and chamber combined.

  (2) A person may not hunt a wild waterfowl with an automatic loading or hand-operated repeating shotgun capable of holding more than three shells.

  (3) A person may not possess a rifle or pistol while hunting wild waterfowl.

(g)

  (1) A person may hunt wild waterfowl with any bow and arrow.

  (2) A person may not hunt wild waterfowl with a crossbow.

(h)

  (1) A person may hunt wild waterfowl with the aid of a dog or with an artificial decoy.

  (2) A person may not hunt wild waterfowl using a live decoy.

#### Section 10-603

(a) Except while lawfully hunting under the requirements of this subtitle, a person in a boat may not purposely or unnecessarily disturb wild waterfowl.

(b) A person may not hunt wild waterfowl while using a floating device towed by a power boat or a sailboat.

(c) A person may not hunt wild waterfowl from a boat, sinkbox, or device that allows the hunter to be completely concealed beneath the water.

(d)

  (1) A person may not hunt wild waterfowl from a boat that is propelled by a motor or under sail.

  (2) A person may shoot and immediately retrieve lawfully wounded or killed wild waterfowl while in a boat if all forward progress of the boat has ceased and the motor has been shut off.

  (3) Crippled birds may be shot from a boat under power in the area open for the special sea duck season.

#### Section 10-604

(a) A person may hunt wild waterfowl while standing in water on the natural bottom only in the waters of the Susquehanna Flats, the nontidal waters of the Potomac River, the waters of Tangier Sound, Fishing Bay, Monie Bay, Manokin River, Big Annemessex River, Pocomoke Sound, and Kedges Straits in the waters of Dorchester, Somerset, and Wicomico counties, and in other waters of the State in areas and on days the Department prescribes by regulation.

(b) A person may hunt wild waterfowl while standing in water on the natural bottom at a licensed offshore stationary blind or blind site.

(c) A person hunting wild waterfowl while standing in water on the natural bottom shall remain at least 250 yards from all offshore stationary blinds or blind sites or another person hunting wild waterfowl offshore.

(d)

  (1) A person hunting wild waterfowl while standing in water on the natural bottom shall be at least 800 yards from shore including shore emerging at mean low water except in the waters of the Potomac River, in the waters of the Susquehanna Flats, in the waters of Harford, Baltimore, and St. Mary's counties, in the waters of Tangier Sound, Fishing Bay, Monie Bay, Manokin River, Big Annemessex River, Pocomoke Sound, and Kedges Straits in the waters of Dorchester, Somerset, and Wicomico counties, or while hunting at a licensed stationary blind or blind site.

  (2) A person hunting wild waterfowl while standing in water on the natural bottom shall be at least 400 yards from shore, including shore emerging at mean low water, in the following areas:

    (i) The waters of the Susquehanna Flats;

    (ii) The tidal waters of the Potomac River that the Department by regulation prescribes for hunting under subsection (a) of this section;

    (iii) The waters of Harford, Baltimore, and St. Mary's counties that the Department by regulation prescribes for hunting under subsection (a) of this section; and

    (iv) The waters of Tangier Sound, Fishing Bay, Monie Bay, Manokin River, Big Annemessex River, Pocomoke Sound, and Kedges Straits in the waters of Dorchester, Somerset, and Wicomico counties that the Department by regulation prescribes for hunting under subsection (a) of this section.

(e) A person may not hunt wild waterfowl while standing in State waters on the natural bottom when the natural bottom is privately owned, unless the hunter has the written permission of the landowner.

(f) Except at a licensed stationary blind or blind site, a nonresident may not hunt wild waterfowl while standing in water on the natural bottom unless accompanied by a Maryland resident.

#### Section 10-605

(a) A person may hunt wild waterfowl from a boat that is drifting or being sculled only in:

  (1) The nontidal waters of the Potomac River, Conococheague Creek, and the Monocacy River;

  (2) The Susquehanna Flats, Elk River, and that portion of the Sassafras River in Cecil County located west of 75 degrees 58 minutes 45 seconds;

  (3) Chincoteague Bay, Sinepuxent Bay, Isle of Wight, Assawoman Bay, and their respective tributaries in Worcester County;

  (4) The waters of Tangier Sound, Fishing Bay, Monie Bay, Manokin River, Big Annemessex River, Pocomoke Sound, and Kedges Straits in the waters of Dorchester, Somerset, and Wicomico counties; or

  (5) Zones prescribed by the Department by regulation.

(b) While hunting wild waterfowl from a boat that is drifting or being sculled, a person shall remain at least 250 yards from all offshore stationary blinds or blind sites or another person hunting wild waterfowl offshore.

(c)

  (1) A person hunting wild waterfowl from a boat that is drifting or being sculled shall be at least 800 yards from shore including shore emerging at mean low water except in the waters of the Potomac River, in the waters of the Susquehanna Flats, in the waters of Harford, Baltimore, and St. Mary's counties, in the waters of Tangier Sound, Fishing Bay, Monie Bay, Manokin River, Big Annemessex River, Pocomoke Sound, and Kedges Straits in the waters of Dorchester, Somerset, and Wicomico counties, in Conococheague Creek, and in the Monocacy River.

  (2) A person hunting wild waterfowl from a boat that is drifting or being sculled shall be at least 400 yards from shore, including shore emerging at mean low water, in the following areas:

    (i) The waters of the Susquehanna Flats;

    (ii) The tidal waters of the Potomac River that the Department by regulation prescribes for hunting under subsection (a)(5) of this section;

    (iii) The waters of Harford, Baltimore, and St. Mary's counties that the Department by regulation prescribes for hunting under subsection (a)(5) of this section; and

    (iv) The waters of Tangier Sound, Fishing Bay, Monie Bay, Manokin River, Big Annemessex River, Pocomoke Sound, and Kedges Straits in the waters of Dorchester, Somerset, and Wicomico counties that the Department by regulation prescribes for hunting under subsection (a)(5) of this section.

(d) A nonresident may not hunt wild waterfowl from a boat that is drifting or being sculled unless accompanied by a Maryland resident.

#### Section 10-606

(a) A person may hunt wild waterfowl from a boat that is anchored only in:

  (1) The nontidal waters of the Potomac River;

  (2) The waters of the Susquehanna Flats, Elk River, and that portion of the Sassafras River in Cecil County located west of 75 degrees 58 minutes 45 seconds;

  (3) The waters of Chincoteague Bay, Sinepuxent Bay, Isle of Wight, Assawoman Bay, and their respective tributaries in Worcester County;

  (4) The waters of Tangier Sound, Fishing Bay, Monie Bay, Manokin River, Big Annemessex River, Pocomoke Sound, and Kedges Straits in the waters of Dorchester, Somerset, and Wicomico counties; or

  (5) Zones prescribed by the Department by regulation.

(b) A person may hunt wild waterfowl from a boat that is anchored at a licensed offshore stationary blind or blind site.

(c) A person hunting wild waterfowl from a boat that is anchored shall remain 250 yards from all offshore stationary blinds or blind sites or another person hunting wild waterfowl offshore.

(d)

  (1) A person hunting wild waterfowl from a boat that is anchored shall be at least 800 yards from shore including shore emerging at mean low water except in the waters of the Potomac River, in the waters of the Susquehanna Flats, in the waters of Harford, Baltimore, and St. Mary's counties, in the waters of Tangier Sound, Fishing Bay, Monie Bay, Manokin River, Big Annemessex River, Pocomoke Sound, and Kedges Straits in the waters of Dorchester, Somerset, and Wicomico counties, or unless anchored at a licensed offshore stationary blind or blind site.

  (2) A person hunting wild waterfowl from a boat that is anchored shall be at least 400 yards from shore, including shore emerging at mean low water, in the following areas:

    (i) The waters of the Susquehanna Flats;

    (ii) The tidal waters of the Potomac River that the Department by regulation prescribes for hunting under subsection (a)(5) of this section;

    (iii) The waters of Harford, Baltimore, and St. Mary's counties that the Department by regulation prescribes for hunting under subsection (a)(5) of this section; and

    (iv) The waters of Tangier Sound, Fishing Bay, Monie Bay, Manokin River, Big Annemessex River, Pocomoke Sound, and Kedges Straits in the waters of Dorchester, Somerset, and Wicomico counties that the Department by regulation prescribes for hunting under subsection (a)(5) of this section.

(e) Except at a licensed stationary blind or blind site, a nonresident may not hunt wild waterfowl from a boat that is anchored unless accompanied by a Maryland resident.

#### Section 10-607

(a)

  (1) Except as provided in paragraph (2) of this subsection, this section shall apply only to owners of riparian property in Maryland regardless of the residency of the owner.

  (2) Under this subtitle, persons owning riparian property in:

    (i) Maryland or Virginia that is adjacent to the tidal waters of the Potomac River may license state shoreline; and

    (ii) Maryland, Virginia, or West Virginia that is adjacent to the nontidal waters of the Potomac River:

      (1) May license state island shoreline; and

      (2) May not license state mainland shoreline.

(b) Riparian landowners may license their riparian shoreline:

  (1) To establish offshore stationary blinds or blind sites for hunting wild waterfowl; and

  (2) To prevent other persons from licensing the riparian shoreline for the purpose of hunting wild waterfowl offshore.

(c)

  (1) On the nontidal waters of the Potomac River, Conococheague Creek, and the Monocacy River, the Department may not license riparian shoreline owned by a federal or State unit or the assignee of the federal or State unit.

  (2)

    (i) A federal or State unit that owns riparian shoreline on the nontidal waters of the Potomac River, Conococheague Creek, and the Monocacy River may apply to the Department to establish a waterfowl safety zone in a specified area of the shoreline.

    (ii) The Secretary shall review each request and determine whether sufficient need for a waterfowl safety zone exists.

  (3) On or before August 15 of each year, the Department shall mark each waterfowl safety zone with clearly visible signs.

(d)

  (1) Except as provided in paragraph (2) of this subsection, only persons that own at least 250 yards of continuous shoreline, or persons that have the written consent of adjoining landowners to achieve the required 250 yards of continuous shoreline, may erect an offshore stationary blind or blind site.

  (2) A riparian landowner who owns less than 250 yards of continuous shoreline may establish an offshore blind site if no other shoreline is licensed within 125 yards of the blind site.

(e) Riparian landowners may lease or assign their rights to license their riparian shoreline.

(f)

  (1) Except as provided in paragraph (2) of this subsection, riparian landowners may not locate an offshore stationary blind or blind site within 125 yards of the property line or where the line would be if it were extended out over the water perpendicular to the shore at the point where the property line reaches the water's edge.

  (2) A riparian landowner who owns less than 250 yards of continuous shoreline may not locate an offshore blind site closer than 125 yards from the nearest licensed shoreline.

(g) Notwithstanding the other provisions of this section, where circumstances require, such as in coves and when two properties extend onto a point of land, the Secretary may determine where an offshore stationary blind or blind site license shall be located. The Secretary shall try to locate the sites so that each riparian landowner gets a site and may locate the blinds closer than 250 yards apart with the written consent of the two riparian landowners.

(h)

  (1) Riparian landowners, including government agencies, shall license their shoreline either annually or every 3 years in accordance with this section.

  (2) An applicant for a license shall:

    (i) Submit to the Department:

      (1) An application by mail prior to June 1 of the year in which the current license expires or for which a new license is requested on a form provided by the Department;

      (2) A map showing the exact location of the shoreline to be licensed and the exact location of the proposed offshore stationary blinds or blind sites, if any;

      (3) The written permission of adjacent landowners if necessary; and

      (4) The written lease or assignment of the riparian landowner if necessary; and

    (ii) Pay to the Department a fee of:

      (1) $20 for a 1-year license; or

      (2) $60 for a 3-year license.

  (3) A unit of government is exempt from the application fee required under paragraph (2) of this subsection.

(i)

  (1) At least 3 months before a license expires on June 30, the Department shall mail a renewal notice and a renewal application to all riparian landowners holding licenses subject to expiration.

  (2) The renewal notice shall state:

    (i) The date on which the current license expires;

    (ii) The date by which the Department must receive the renewal application for the renewal to be issued and mailed before the license expires; and

    (iii) The amount of the renewal fee.

(j) Before June 1 of the year the license expires, the licensee may renew the license for an additional 1-year or 3-year term, if the licensee:

  (1) Is otherwise entitled to be licensed;

  (2) Pays to the Department a renewal fee of:

    (i) $20 for a 1-year license; or

    (ii) $60 for a 3-year license; and

  (3) Submits to the Department a renewal application on the form that the Department requires.

(k)

  (1) All applications to license riparian shoreline shall be approved by the Department in accordance with applicable laws and regulations.

  (2) Whenever conflicts occur between applicants wishing to establish offshore stationary blinds or blind sites and those conflicts cannot be resolved by application of subsection (g) of this section, the applicant applying first shall prevail. If both applications arrive in the mail on the same day a coin toss shall determine which applicant shall prevail. The applicants may be present for the coin toss.

(l) Funds collected under this section shall be used to administer the licensing program under this section. Any funds not expended in a fiscal year for administering the licensing program under this section may not be transferred or revert to the General Fund of the State, but shall be credited to the State Wildlife Management and Protection Fund.

(m) A riparian landowner who fails to meet the June 1 deadline for license application may license shoreline and establish a stationary blind or blind site for a 1-year period during the licensing process described in Sec. 10-608(b) through (h) of this subtitle.

#### Section 10-608

(a) A Maryland resident who possesses a current year or prior year hunting license may apply to the Department to license riparian shoreline for the purpose of establishing an offshore blind site.

(b) An applicant for a license shall:

  (1) Submit to the Department:

    (i) An application on a form provided by the Department; and

    (ii) A signed statement that:

      (1) The location of the blind site is at least 125 yards from all other previously licensed riparian shoreline; and

      (2) The offshore blind site complies with all other pertinent laws and regulations; and

  (2) Pay to the Department an application fee of $20 for each license requested.

(c)

  (1) The completed application shall be submitted to Department regional service centers or other designated local sites on days designated by the Department.

  (2) The Department shall establish and adequately staff a site in each county where licensing occurs.

  (3) The Department shall provide public notice of the licensing process through the media, Internet, and other sources.

  (4) Licensing shall begin on or before the first Tuesday in August of each year on dates set by the Department.

(d) Each designated site or regional service center shall have maps available by July 15 of each year that show the location of all shoreline licensed by riparian landowners.

(e) Except for riparian landowners licensing their own property, a person may not obtain more than two licenses per day.

(f) Each license shall apply to 250 yards of shoreline. Blind sites shall be located equidistant from the boundaries described by the license.

(g) In Kent County and Queen Anne's County and on the nontidal waters of the Potomac River and its nontidal tributaries, only a riparian landowner owning the amount of shoreline required under Sec. 10-607(d) of this subtitle or a landowner's lessee, licensee, or assignee may erect and maintain a stationary blind or blind site.

(h) Licenses are valid until June 30 of the following year and shall be issued in the order the applications are received in person.

#### Section 10-609

(a) Offshore stationary blinds and offshore blind sites shall be at least 250 yards apart from each other.

(b) Offshore stationary blinds and offshore blind sites shall be located within 300 yards of the shoreline or one-third the distance to the opposite shore, whichever is less, except that in the Chesapeake Bay in Anne Arundel and Calvert counties, and in Prospect Bay in Queen Anne's County, all offshore stationary blinds and blind sites may be no more than 800 yards from the shoreline.

(c) Offshore stationary blinds and blind sites may not be less than 150 yards from any dwelling house without the written permission of the owner of the house.

(d)

  (1) Except as provided in paragraph (2) of this subsection, offshore stationary blinds shall be marked with the licensee's name and license number and marked on each side with at least 100 square inches of clearly visible reflective material attached to the outside of the stationary blind at least 3 feet above the high water mark.

  (2) Reflective material is not required to be displayed or attached to the outside of a stationary blind while the stationary blind is occupied and is being used for hunting.

(e) Offshore blind sites shall be marked by a stake showing the licensee's name and license number. Each stake shall be marked on all sides with reflective material at least 4 inches wide and located at least 3 feet above the high water mark. All stakes shall be removed within 30 days after the last wild waterfowl season closes.

(f)

  (1) Except as provided in paragraph (2) of this subsection, the licensee of riparian shoreline shall have the sole right to establish offshore stationary blinds or blind sites within 300 yards of the licensed shoreline or one-third the distance to the opposite shore, whichever is less.

  (2) In the Chesapeake Bay in Anne Arundel and Calvert counties, and in Prospect Bay in Queen Anne's County, the licensee of riparian shoreline shall have the sole right to establish offshore stationary blinds or blind sites within 800 yards of the licensed shoreline.

#### Section 10-610

(a)

  (1) In order to provide greater public access and use of wild waterfowl blinds, in each county of the State where wild waterfowl are adequate and hunting is allowed under this subtitle, the Department shall locate and construct blinds on public lands under the Department's control and make the blinds available for public use.

  (2) The Department may allow the hunting of wild waterfowl from a boat that is drifting or anchored or while standing in the water on the natural bottom in waters adjacent to lands owned or managed by the Department.

  (3) Except for the purpose of animal control, the Department may not allow waterfowl hunting on public land under this section unless the public land is open to public hunting.

(b) The Department shall encourage local and federal government to make opportunities available for the public to hunt waterfowl from blinds located on public lands under the jurisdiction of the local or federal government by:

  (1) Entering into an agreement with the local or federal government to construct the blinds and manage their use; or

  (2) Advising the local or federal government on the proper construction, location, and management of blinds to be used by the public for hunting wild waterfowl.

#### Section 10-611

Any person hunting wild waterfowl from a stationary blind or blind site shall possess a hunter's license.

#### Section 10-612

(a) The Department shall inspect a licensed blind site to determine the validity of the certifications in an application upon request of the owner of the shore front property.

(b) If the Department finds that the certifications of the application are erroneous, the Department may revoke the license by giving written notice to the applicant.

#### Section 10-613

If a licensee erects a stationary blind or blind site or sets a stake and the stationary blind, blind site, or stake is lost or destroyed in a manner beyond the licensee's control, the licensee may not lose the licensee's location and may reestablish the stationary blind, blind site, or stake at any time during the current hunting season.

#### Section 10-614

Offshore stationary blinds or blind sites may not be erected, maintained, or licensed in the following waters:

(1) Offshore from lands owned or managed by the Department except the Department may locate and construct offshore stationary blinds or blind sites and make the blinds or blind sites available to the public;

(2) Where the use of the blinds may present a risk to national security or the health and safety of the hunters as determined by the Department;

(3) Where the location of the blinds interferes with the safe operation of an airport;

(4) In Baltimore County on:

  (i) The Middle River and its tributaries, westerly or towards shore from a straight line drawn from the tip of Wilson Point in a southwesterly direction to the northwest corner of Cape May Beach;

  (ii) Frog Mortar Creek from a straight line drawn from the tip of what is known as Strawberry Point in a southeasterly direction across the creek to the tip of what is known as Galloway Point and extending 1,500 yards northeast up the creek to the point where Glenwood Road approaches the creek shoreline;

  (iii) Back River and its tributaries west of the Eastern Avenue bridge; or

  (iv) Bird River and its tributaries extending from the head of tide at Whitemarsh Run and Windlass Run and going generally easterly or towards a line that runs in a northerly direction from the northernmost tip of a peninsula called Stumpfs Marsh to the opposite shoreline, but excluding an area that lies between Stumpfs Marsh and a line 150 yards from the shoreline of Stumpfs Marsh; or

(5) In Kent County on:

  (i) Turner's Creek; or

  (ii) Chester River and its tributaries, except in those waters lying between Durding's Creek and Deep Point or between the property line of Wickliffe Farm and Cedar Point Farm near the point known as Pine Tree Cove and Graveyard Point in Spencer Hall Farm on Eastern Neck Island and the Chesapeake Bay between the north end of Wilson's Point on Trumpington Farm and the mouth of the Chester River.

#### Section 10-615

(a) A person may not enter, use, or occupy another person's licensed stationary blind or blind site or anchor or tie to another person's licensed stake for the purpose of hunting wild waterfowl or for any other purpose without first obtaining the written permission of the licensee, which the person shall possess at the time entry or use is made.

(b) A licensee may institute proceedings against or the Department may prosecute any person who violates the provisions of this section.

### Subtitle 7. Field Trials and Use of Hunting Dogs

#### Section 10-701

(a) A club or association may not hold a field trial with dogs in the State during any closed hunting season without first obtaining a permit from the Secretary.

(b) The Secretary may grant a permit to field trial clubs and associations to hold field trials with raccoon, opossum, bird, or rabbit dogs in the State any time during the closed season. Field trials shall be held pursuant to regulations the Secretary adopts to safeguard the interests of wildlife in the State.

#### Section 10-702

(a) Any club or association holding a field trial during closed hunting season may not shoot or attempt to shoot any game bird or mammal or protected bird.

(b) Game birds bred, raised, or purchased in captivity may be shot in flight immediately upon release at retriever trials after being positively identified.

#### Section 10-703

Dogs brought into the State to participate in field trials and which are to be removed from the State within 15 days after field trials are held shall be exempted from the payment of State, city, or county license tax.

### Subtitle 8. State Wildlife Management Areas and Hunting Grounds

#### Section 10-801

(a) The Department may acquire, by purchase, lease, condemnation, or gift, title or control of any area of land or water in the State suitable to protect, propagate, or manage wildlife or for hunting purposes. The area of land or water shall be known as a wildlife management area. Any area of land or water greater than 100 acres may be acquired in Garrett County or Allegany County only with the approval of that county. This requirement does not apply to any areas which have previously been authorized for acquisition by the General Assembly.

(b) The Department may purchase or erect any structure necessary for wildlife management and may purchase or lease any area of land or water excluding the ownership of and the right to drill any mineral, oil, or gas.

#### Section 10-802

(a) The title to any land or water acquired by purchase, gift, or condemnation shall be taken in the name of the State for the Department's use. The entire control of the area of land and water shall be under the State's direction.

(b) The Secretary may expend from the State Wildlife Management and Protection Fund any amount necessary to purchase or condemn the area of land or water.

#### Section 10-803

(a) If the Department considers it in the State's best interests and the Governor consents, the Department may exchange any area of land or water or part the Department owns together with any improvement on the area of land or water for any privately owned area of land or water equal to or greater in value than the area of land or water the Department exchanges and adapted for wildlife refuge and management. Also, the Department may sell any area of land or water or part of the area of land or water owned by the Department to the person who offers the highest price.

(b) The Department may use any acquired area of land or water as a State park.

(c) The Attorney General shall prepare any deed necessary to complete the exchange or sale of the area of land or water. The Secretary shall execute the deed. The net proceeds of any sale shall be deposited with the State Comptroller and placed to the credit of the State Wildlife Management and Protection Fund.

#### Section 10-804

(a) An acquired area of land or water may be used to create and maintain State wildlife refuges, for wildlife management, and hunting grounds as the Department deems advisable for hunting grounds.

(b)

  (1) The Department may cut and remove and sell or permit the cutting and removing and selling of timber on lands to which title has been acquired by purchase, gift, or otherwise.

  (2) The net proceeds from the timber shall be deposited with the State Comptroller and placed to the credit of the State Wildlife Management and Protection Fund.

(c) The Department may grant rights-of-way on or across any acquired area of land or water if the grant does not affect adversely wildlife protection, management, and propagation.

(d) The Department may appoint a caretaker of the area of land or water and make an agreement with the caretaker for proper care and management of the wildlife refuge.

#### Section 10-805

(a) The Department, in order to protect and propagate wildlife, may establish and maintain State wildlife refuges where wildlife may not be hunted, disturbed, or molested at any time. Upon the consent of the Governor and the superintendent in charge of any area of federally owned or State-owned land or water, the Department may locate a State wildlife refuge on any State-owned or federally owned forest, land, or water.

(b) The boundaries of each wildlife refuge shall be clearly marked. At each refuge a notice shall be posted in a conspicuous place informing the public the area of land or water is a "State Wildlife Refuge - Hunting Is Unlawful", and other information or regulations the Department considers advisable.

#### Section 10-806

(a) If a person who owns or controls any suitable area of land or water desires to have the area of land or water set aside for a refuge, the person may apply to the Department, giving a description of the area of land or water including a specific location, map, or sketch showing an outline of the area of land or water, the location of any structure or improvement and the nature of the area of land or water, such as woodland, abandoned farmland, or cultivated land, or lake, pond, marsh, or impounded stream.

(b) The Department may examine the area of land or water to determine if the area of land or water is suitable for wildlife protection and management. If the area of land or water is acceptable as a wildlife refuge, the Department shall notify the person of this fact. The person shall sign a lease, vesting the State with every hunting right in the area of land or water without charge. The lease also shall provide that the owner, the owner's family, agents, tenants, and any other person may not hunt on the area of land or water, and that the person will make every effort to protect the refuge from forest fires, hunting, or any violation of any State conservation law. The lease or agreement shall continue in force for an uninterrupted period of at least 5 years.

(c) If the person who owns or controls the area of land or water named in any lease on which there is no charge sells the area of land or water, the area is released from the operation of the lease unless the purchaser agrees to allow the area to remain under lease. The Department or the owner of the area of land or water may rescind any lease for which there is no charge made pursuant to this section after giving 90 days written notice to the other party of intent to terminate the lease.

#### Section 10-807

(a) A person may not enter in any manner on any State wildlife refuge without the consent of the Department or person in charge of the area of land or water.

(b)

  (1) A person may not allow any dog, domestic stock, or poultry to enter in any manner on any State-owned wildlife refuge.

  (2) The Department may grant a special written permit, subject to revocation at any time, to any person regularly residing on lands included within any wildlife refuge to have any trap, dog, or gun on the refuge. However, the trap, dog, or gun may not be used in hunting wildlife unless done under special permit from the Department for propagating purposes.

  (3) Where any portion of a State wildlife refuge is used for a State park, entry by any person within the refuge area for recreational pursuits may not be restricted on the portion used as a State park as long as the person does not carry any firearm or trap nor permit any dog to disturb or chase wildlife.

(c) The Department by written permission may grant to any responsible person the right to hunt for vermin and use any dog and gun in connection with hunting on State wildlife refuges. The Department also may grant permission to hunt wildlife to be used for propagation purposes.

#### Section 10-808

The Department may adopt and post rules and regulations for the proper use and administration of any State land or water the Department controls or owns.

### Subtitle 9. Captive Wildlife

#### Section 10-901

The General Assembly finds and declares that it is in the public interest to insure the conservation, preservation, and condition of wildlife native to Maryland, by strictly regulating in the State the possession, importation, exportation, breeding, raising, protection, rehabilitation, hunting, killing, trapping, capture, purchase, or sale of certain wildlife which pose a possibility of:

(1) Harmful competition to native wildlife;

(2) The introduction of a disease or pest harmful to native wildlife;

(3) Problems of enforcing laws and regulations relative to wildlife; or

(4) Threatening native wildlife or other natural resources.

#### Section 10-902

(a) Any person desiring to possess, import, export, breed, raise, protect, rehabilitate, hunt, kill, trap, capture, purchase, or sell any wildlife native to Maryland, shall first obtain a permit or license from the Department.

(b) The Secretary shall establish by regulation:

  (1) The types and classes of permits and licenses which shall be issued;

  (2) The species of wildlife exempt from the permit and license requirement;

  (3) Sanitary housing or any other conditions which are necessary for the humane, safe, and healthy possession of wildlife;

  (4) Conditions under which captive wildlife may be hunted or released to the wild; and

  (5) Record keeping requirements.

(c) The Secretary shall charge a reasonable fee for each permit or license.

#### Section 10-903

The Secretary may adopt regulations prohibiting or restricting the importation, exportation, sale, release, or possession of wildlife not native to Maryland on a finding that the wildlife is harmful to native wildlife or to natural ecosystems.

#### Section 10-904

The Secretary shall coordinate with federal and local governments regarding the issuance of permits, inspection of facilities, and enforcement of compliance with pertinent laws and regulations. This subtitle may not be construed to limit local governments from enacting stricter requirements regarding housing and sanitation conditions under which wildlife must be kept or other health and safety requirements.

#### Section 10-905

(a)

  (1) On payment of a reasonable fee, the Secretary may issue a game husbandry license to any person who desires to raise, breed, protect, or sell game birds or mammals.

  (2) The license shall expire on December 31 after the date of issuance and may be revoked at any time for noncompliance with the license's terms and conditions.

  (3) The license shall specify:

    (i) The species of game birds and mammals which may be bred, raised, protected, or sold and for what purpose;

    (ii) The type of fencing or other requirements necessary to prevent undesirable mixing of native wildlife and the captive game birds or mammals; and

    (iii) Any other condition necessary to ensure adequate protection of native wildlife.

(b)

  (1) If any game bird or mammal raised in captivity is shipped or removed from the licensee's premises, the game bird or mammal must be properly identified until prepared for final consumption or disposition.

  (2) Any game bird or mammal moved within the State shall be accompanied by an itemized bill of sale from the licensee.

  (3) Any game bird or mammal shipped out-of-state shall have a bill of lading attached to the shipping carton, crate, or other container.

(c) Each licensee shall keep a ledger of any game bird or mammal raised, the number killed, and the number sold dead or alive. The licensee shall allow the Department:

  (1) To enter and inspect at any reasonable hour the premises where operations are carried on; and

  (2) To inspect the records.

(d) The Secretary may prescribe, by regulation, the conditions under which a person may possess and sell game birds and mammals intended for human consumption which have been purchased from a licensed game breeder.

#### Section 10-906

(a) Any person desiring to establish and operate a regulated shooting ground shall first obtain a permit from the Department.

(b)

  (1) The Department may issue a regulated shooting ground permit on payment of a reasonable fee and after determining that the establishment and operation of it does not conflict with any reasonable prior public interest.

  (2) The Department may not issue a new permit for a regulated shooting ground to an existing permit holder unless the report required under subsection (c)(2) of this section has been filed.

  (3)

    (i) As part of the application for a regulated shooting ground permit, a person may apply to the Department for authorization to allow hunting on Sunday as provided under Sec. 10-410(a)(11) of this title.

    (ii) The Department shall ensure that all requirements and conditions of applicable law and regulations are met and that issuance of the authorization will not have an adverse impact on the conservation of native game species or to the public interest.

(c)

  (1) The Department, by regulation, shall govern and prescribe the size of the area, the method of hunting, the open and closed seasons, the release, possession, and use of propagated wildlife, and any reports the Department deems necessary.

  (2) The Department shall require each person holding a regulated shooting ground permit to file a report with the Department, on forms provided by the Department, by April 30 of each year for the most recently concluded hunting season. The report shall include:

    (i) The number and species of captive raised birds that have been released, killed, or recaptured on the regulated shooting ground each day;

    (ii) The number and species of all wild waterfowl that have been killed on the regulated shooting ground excluding any of the captive raised birds listed in item (i) of this paragraph;

    (iii) An estimate of how many captive raised birds by species were released and not captured; and

    (iv) Any outbreaks of avian influenza or other diseases in the captive raised birds raised, released, or captured on the regulated shooting ground.

  (3) The permittee shall maintain records of the number and species of captive raised birds purchased, the date on which they were purchased, and the name and address from whom they were purchased. These records shall be retained for 12 months from the date of the transaction.

  (4) The permittee shall report unusual death or sickness of captive raised birds immediately to the nearest Maryland Department of Agriculture animal health laboratory, and transport dead and sick captive raised birds to the nearest Maryland Department of Agriculture animal health laboratory for diagnostic examination.

  (5) The permittee shall allow the Department or the Department's representative to inspect:

    (i) Those records required to be maintained under paragraphs (2) and (3) of this subsection; and

    (ii) All hatcheries, equipment, and facilities used for rearing and holding captive raised birds.

  (6) The permittee shall allow the Department or the Department's representative to:

    (i) Collect environmental samples from all hatching, rearing, and holding facilities;

    (ii) Culture or biochemical test these samples for the presence of avian diseases; and

    (iii) Test a sample of captive raised birds from the permittee's flock. The permittee shall provide the Department captive raised birds for testing at no cost to the Department as the Department deems necessary.

(d)

  (1) Any person desiring to hunt on any regulated shooting ground shall first obtain a special license. However, a person holding a resident or nonresident hunter's license may not be required to obtain the license prescribed by this section.

  (2) The license shall bear the signature of the Secretary and shall be countersigned by the issuing agent who at the same time shall fill out a stub attached to the license with the name and address of the licensee. The agent then shall detach the stub and mail it to the Secretary the first day of each month. The agent shall retain 50 cents as compensation for issuing each license. The agent shall deliver the properly executed license to the applicant in person or by mail without further cost. The licensee shall insert the licensee's name in ink on the license at the time of purchase.

  (3) The Department shall charge a reasonable fee for the purchase of a special license.

  (4) The license shall expire on June 30 after the date of issuance.

  (5) The license is not transferable and if used or presented by any person other than the person to whom it was issued, the license shall be confiscated by the Secretary, any Natural Resources police officer, or any law enforcement officer.

(e) Terminated.

(f)

  (1) For the purposes of this subsection a second or subsequent conviction is a violation that has occurred within 2 years and that arises out of a separate set of circumstances.

  (2) In addition to any other penalty provided by the provisions of this title, if a person who holds a permit to establish and operate a regulated shooting ground under this section or any other guest of that person is convicted of violating on the premises of the regulated shooting ground a provision of State or federal law or regulation that establishes daily or seasonal bag limits, prohibits baiting, or prohibits the hunting of wetland game birds on a regulated shooting ground by the use or aid of live birds as decoys, the Secretary shall suspend the permit:

    (i) For the first conviction, for the following permit year; and

    (ii) For the second or subsequent conviction, for the following 2 permit years.

(g) If a regulated shooting ground permit is suspended, a new permit may not be issued for that regulated shooting ground, regardless of who applies, until the period of suspension ends.

#### Section 10-907

(a) Any person desiring to take alive, possess, train, fly, and hunt with falcons, hawks, or owls shall first obtain a falconry permit from the Secretary.

(b) The Secretary may issue a falconry permit, on the payment of a reasonable fee, to any properly accredited person who:

  (1) Is at least 14 years old;

  (2) Has demonstrated adequate knowledge and training in the care and handling of birds of prey; and

  (3) Possesses facilities demonstrated to be of sufficient design and size to properly maintain the permitted wildlife in captivity.

(c) The Secretary may adopt regulations governing the issuance, revocation, terms, and conditions of the permit.

(d) The birds authorized under this permit shall be used only for the sport of hunting game birds or mammals during the open season.

#### Section 10-908

(a) Any properly accredited person desiring to assist the Department in the control of wildlife injurious to agriculture or other interests, or to provide care and treatment of sick or injured wildlife for rehabilitation and release back to the wild, shall first obtain a wildlife damage control permit from the Secretary.

(b)

  (1) The Secretary may issue a wildlife damage control permit, on the payment of a reasonable fee, to a person who:

    (i) Has adequate training in the capture, handling, and care of wildlife; and

    (ii) Owns or leases facilities demonstrated to be of sufficient size and design to properly maintain the permitted wildlife in captivity.

  (2) The Secretary may adopt regulations governing the issuance, revocation, terms, and conditions of the permit.

(c) The Secretary may designate in the permit the species and numbers of wildlife authorized to be possessed and the disposition of the wildlife.

#### Section 10-909

(a) Any properly accredited person of known scientific attainment desiring to collect wildlife, nests, or eggs from the wild for scientific or educational purposes shall first obtain a scientific collection permit from the Secretary.

(b) The Secretary may issue a scientific collecting permit, on the payment of a reasonable fee, to any properly accredited person who has demonstrated a legitimate scientific or educational need for the requested wildlife.

(c) The Secretary may adopt regulations governing the issuance, revocation, terms, and conditions of the permit.

(d) The permit:

  (1) Shall expire December 31 of the issuing year; and

  (2) May not be transferred to another person.

(e) The permit becomes void on proof that the permittee has:

  (1) Captured or killed any wildlife;

  (2) Taken any nests or eggs for other than scientific or educational purposes; or

  (3) Taken or possessed any wildlife, nests, or eggs not authorized by the permit.

#### Section 10-911

(a) In addition to any other penalty provided by the provisions of this title, the Secretary may revoke or suspend any license, permit, or certificate issued to any person pursuant to this subtitle if the Secretary finds the person or a guest of the person has violated:

  (1) The terms and conditions of the license, permit, or certificate;

  (2) Any regulation adopted to implement this subtitle; or

  (3) Any State or federal wildlife law or regulation.

(b) Any wildlife for which a license or permit is required under this subtitle and for which a license or permit is not obtained shall be considered a nuisance and contraband and is subject to seizure by any authorized law enforcement officer.

### Subtitle 11. Penalties and Fines, Searches, Seizures, and Forfeitures

#### Section 10-1101

(a) For the purpose of this title, each game bird or mammal taken illegally, purchased, offered for purchase, sold, bartered, or exchanged in excess of the bag limit or possessed illegally constitutes a separate offense.

(b) Any person who violates any provision of this title is guilty of a misdemeanor. Unless another penalty is specifically provided elsewhere in this title, the person, upon conviction, is subject to a fine not exceeding $1,500, with costs imposed in the discretion of the court.

(c)

  (1) Unless another penalty is specifically provided elsewhere in this title any person found guilty of a second or subsequent violation of any provision of this title, is subject to a fine not exceeding $4,000, or imprisonment not exceeding 1 year, or both, with costs imposed in the discretion of the court.

  (2) For the purpose of this subsection, a second or subsequent violation is a violation which has occurred within 2 years of any prior violation of this title and which arises out of a separate set of circumstances.

(d) In addition to any administrative penalty provided in this title, violation of any regulation adopted by any unit within the Department pursuant to the provisions of this title is a misdemeanor and is punishable as provided in subsections (b) and (c) of this section.

(e) This section does not apply to a violation of Sec. 10-2C-02 or Sec. 10-424(2) of this title.

#### Section 10-1101.1

(a)

  (1) Notwithstanding Sec. 10-1101 of this subtitle, if a person is convicted of poaching deer on any land in the State, the court shall order the person to pay the State restitution in accordance with this section.

  (2) For an act of poaching that involves trespassing on another's property, this section applies with respect to the trespass violation only if the person trespasses in a knowing or willful manner.

(b)

  (1) For each sika deer or antlered white-tailed deer that obtains a score of 150 gross inches or less, as measured by the Boone and Crockett Club's scoring system for white-tailed deer, a person convicted of poaching deer shall:

    (i) Pay restitution of not less than $2,000 but not exceeding $5,000, in an amount deemed reasonable by the court; and

    (ii) Perform 80 hours of community service.

  (2) For each antlered white-tailed deer that obtains a score of more than 150 gross inches, as measured by the Boone and Crockett Club's scoring system for white-tailed deer, a person convicted of poaching deer shall:

    (i) Pay restitution of not less than $5,000 but not exceeding $10,000, in an amount deemed reasonable by the court; and

    (ii) Perform 80 hours of community service.

  (3) For each antlerless white-tailed deer, a person convicted of poaching deer shall:

    (i) Pay restitution of not less than $300 but not exceeding $500, in an amount deemed reasonable by the court; or

    (ii) Perform 40 hours of community service.

(c) The restitution collected under this section shall be credited to the State Wildlife Management and Protection Fund, established under Sec. 10-209 of this title.

(d) The Department shall adopt regulations to implement this section.

#### Section 10-1102

(a) If any fine is imposed by the District Court for a violation of any provision of this title, the fine shall be collected pursuant to the provisions of law of the District Court system, with the exception of restitution payments made under Sec. 10-1101.1 of this subtitle that are credited to the State Wildlife Management and Protection Fund, established under Sec. 10-209 of this title.

(b) If any fine is imposed by the circuit court of any county, the fine, less the costs of collection, shall be paid to the State Wildlife Management and Protection Fund, unless otherwise provided for.

#### Section 10-1103

If any Natural Resources police officer or any law enforcement officer has probable cause to believe that any person possesses any bird, mammal, amphibian, or reptile or any device in violation of this title, the officer shall go before any District Court judge of the county in which the species of wildlife or device is believed to be and make affidavit to that fact. If the judge finds the affidavit legally sufficient, the judge shall issue a search warrant against the person complained of, directed to the officer making the affidavit, commanding the officer to proceed at once and search for the bird, mammal, amphibian, or reptile or the device and, upon finding it, to seize, take possession, and keep it until further order by the judge. The warrant shall be executed pursuant to the Maryland Rules. The warrant shall be returned within 5 days from the issuing date or within a shorter period of time set forth in the search warrant.

#### Section 10-1104

(a) If a Natural Resources police officer or any law enforcement officer has probable cause to believe that any species of wildlife or any device is possessed in violation of this title, and it is not possible or feasible to secure a search warrant in time to seize the bird, mammal, amphibian, or reptile or the device, then the Natural Resources police officer may examine any boat, railway car, box, crate, package, or game bag without a warrant.

(b) In this event, a Natural Resources police officer, in uniform or accompanied by a uniformed police officer, may stop and search an automobile, any vehicle, or trailer for the purpose of examining the game bags. The Natural Resources police officer also may determine whether the person has an appropriate license.

(c) This section does not permit entering a dwelling house without first procuring a search warrant.

#### Section 10-1105

A Natural Resources police officer or any law enforcement officer, upon arresting any person for violating any provision of this title or any regulation adopted pursuant to this title, may seize every bird, mammal, reptile, and amphibian unlawfully caught, sold, offered for sale, transported, or possessed. The Department may dispose of any seized species of wildlife at the Department's discretion.

#### Section 10-1106

(a) A Natural Resources police officer or any law enforcement officer, upon arresting any person for violating any provision of this title or any regulation adopted pursuant to this title, may seize any device, equipment, conveyance, or property unlawfully used. If the owner or person in charge of the seized device, equipment, conveyance, or property is convicted, the court may declare the device, equipment, conveyance, or property forfeited, in addition to any other penalty provided in this title. Any forfeiture becomes the property of the Department for disposition at the Department's discretion. If the owner is not known, the court may proceed ex parte to hear and determine any question of forfeiture. If the owner or person charged with the violation is not convicted, the device, equipment, conveyance, or property seized shall be released and returned to the owner or person.

(b) The device, conveyance, or property may not be forfeited if the owner was not a consenting party or privy to a violation.

#### Section 10-1107

(a) If a person is convicted of violating any provision of this title and the violation causes or results in the injury, death, or destruction of any wildlife, including a protected species of animal, in addition to any other penalty provided in this title, the court may order the person to pay restitution to the State for the resource value of the wildlife, as determined by the court, taking into account regulations adopted by the Department under subsection (b) of this section.

(b) The Department, by regulation, shall establish a schedule of resource values for individual species or describe a system that a court may use in determining the resource value for the species. The Department may use, but not be limited to, known values to actually replace lost species or the Department may ascribe to a species a value which the individual wildlife or plant provides to the greater public good for the citizens of Maryland.

(c)

  (1) If 2 or more defendants are convicted for the same violation causing or resulting in the injury, death, or destruction of protected species of animals, the court may impose restitution against them jointly and equally.

  (2) Restitution under this section shall be paid within the time prescribed by the court.

  (3) In each instance, the court shall order the person to pay the restitution to the State. Moneys paid under this section shall be credited to the Department to be used only for the replacement, habitat management, or enforcement programs for injured, killed, or destroyed wildlife or protected species of animals.

#### Section 10-1108

(a) In addition to any other penalty provided by this title, the Department or the court may suspend for a period not exceeding 5 years the hunting license or hunting privileges of a person who is convicted of a State or federal hunting violation.

(b) The Department shall adopt regulations:

  (1) To implement this section; and

  (2) That list the criteria for the suspension of a hunting license or the hunting privileges of a person.

(c)

  (1) During a period of suspension of a hunting license or the hunting privileges of a person imposed by the Department or the court, the person may not:

    (i) Hunt, trap, or pursue game in the State; or

    (ii) Purchase or attempt to purchase another hunting license.

  (2) The following are grounds for an immediate suspension of a hunting license or hunting privileges:

    (i) Knowingly making a false statement in a license application;

    (ii) A second conviction for violations occurring on separate days within any 12-month period for violations of State or federal hunting law that are not administrative or minor in nature as determined by the Department;

    (iii) Failure to submit a report or report to a checking station as required under this title or by regulation; or

    (iv) Failure of a nonresident of the State to appear in court in accordance with a citation issued by a Natural Resources police officer, or to any other process issued by any court of Maryland, for a violation of this title.

  (3) A suspension imposed in accordance with this section is in addition to any other penalty authorized under this title.

  (4) The Department shall initiate any proceeding to suspend a hunting license or hunting privileges under paragraph (2)(ii) of this subsection immediately after the time for filing an appeal of the second conviction has passed.

  (5)

    (i) Before the suspension of a hunting license or hunting privileges under this section, the Department shall notify the licensee or person in writing of the licensee's or person's right to a hearing on request.

    (ii) If a licensee or person submits a written request for a hearing to the Department within 30 days after the date that the notice required under this paragraph is mailed, the Department shall:

      (1) Hold a hearing after providing at least 10 days' notice to the licensee or person; and

      (2) Conduct the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

    (iii) The Department may suspend a hunting license or hunting privileges without a hearing if:

      (1) The licensee or person does not submit a written request for a hearing; or

      (2) The licensee or person fails to appear for a scheduled hearing for which the Department provided notice.

### Subtitle 12. Interstate Wildlife Violator Compact

#### Section 10-1201

The General Assembly hereby approves and the Governor is authorized to enter into a compact on behalf of this State with any other state or states in a form substantially as follows:

ARTICLE I

Findings, Declaration of Policy, and Purpose

(a) The participating states find that:

  (1) Wildlife resources are managed in trust by the respective states for the benefit of all residents and visitors;

  (2) The protection of the wildlife resources of a state is materially affected by the degree of compliance with state statutes, laws, regulations, rules, and ordinances relating to the management of those resources;

  (3) The preservation, protection, management, and restoration of wildlife resources contributes immeasurably to the aesthetic, recreational, and economic values of a state;

  (4) Wildlife resources are valuable without regard to political boundaries; therefore, every person should be required to comply with wildlife preservation, protection, management, and restoration statutes, laws, rules, regulations, and ordinances of the participating states as a condition precedent to the continuance or issuance of any license to hunt, fish, trap, or possess wildlife;

  (5) Violation of wildlife laws interferes with the management of wildlife resources and may endanger the safety of persons and property;

  (6) The mobility of many wildlife law violators necessitates the maintenance of channels of communication among the various states;

  (7) In most instances, a person who is cited for a wildlife violation in a state other than the person's home state:

    (i) Is required to post collateral or a bond to secure an appearance for a trial at a later date;

    (ii) Is taken into custody until the collateral or bond is posted; or

    (iii) Is taken directly to court for an immediate appearance;

  (8) The purpose of the enforcement practices set forth in paragraph (7) of this subsection is to ensure compliance with the terms of a wildlife citation by the cited person who, if allowed to continue on the person's way after receiving the citation, could return to the person's home state and disregard any duty under the terms of the citation;

  (9) In most instances, a person receiving a wildlife citation in the person's home state is allowed to accept the citation from the officer at the scene of the violation and immediately continue on the person's way after agreeing or being instructed to comply with the terms of the citation;

  (10) The practices described in paragraph (7) of this subsection cause unnecessary inconvenience and, at times, a hardship for the person who is unable at the time to post collateral, furnish a bond, stand trial, or pay a fine, and thus is compelled to remain in custody until some alternative arrangement is made; and

  (11) The enforcement practices described in paragraph (7) of this subsection consume an undue amount of law enforcement time.

(b) It is the policy of the participating states to:

  (1) Promote compliance with the statutes, laws, regulations, rules, and ordinances relating to management of wildlife resources in their respective states;

  (2) Recognize the suspension of wildlife license privileges of a person whose license privileges have been suspended by a participating state and treat that suspension as if it had occurred in their state;

  (3) Allow a violator, except as provided in Article III, subsection (b) of this Compact, to accept a wildlife citation and, without delay, proceed on the person's way, regardless of the violator's home state, if that state is a party to this Compact;

  (4) Report to the appropriate participating state, as provided in the Compact manual, a conviction recorded against a person whose home state was not the issuing state;

  (5) Allow the home state to recognize and treat convictions recorded against its residents that occurred in a participating state as though they had occurred in the home state;

  (6) Extend cooperation to its fullest extent among the participating states for enforcing compliance with the terms of a wildlife citation issued in one participating state to a resident of another participating state;

  (7) Maximize effective use of law enforcement personnel and information; and

  (8) Assist court systems in the efficient disposition of wildlife violations.

(c) The purpose of this Compact is to:

  (1) Provide a means through which participating states may join in a reciprocal program to effectuate the policies enumerated in subsection (b) of this article in a uniform and orderly manner; and

  (2) Provide for the fair and impartial treatment of wildlife violators operating within participating states in recognition of violators' rights to due process and the sovereign status of a participating state.

  ARTICLE II

  Definitions

  As used in this Compact, unless the context requires otherwise, the following words have the meanings indicated:

(a) "Citation" means a summons, complaint, summons and complaint, ticket, penalty assessment, or other official document issued to a person by a wildlife officer or other law enforcement officer for a wildlife violation that contains an order requiring the person to respond.

(b) "Collateral" means cash or other security deposited to secure an appearance for trial in connection with the issuance by a wildlife officer or other law enforcement officer of a citation for a wildlife violation.

(c) "Compliance" with respect to a citation means the act of answering a citation through an appearance in a court or tribunal, or through the payment of fines, costs, and surcharges, if any.

(d)

  (1) "Conviction" means a conviction, including a court conviction, for an offense related to the preservation, protection, management, or restoration of wildlife that is prohibited by state statute, law, regulation, rule, or ordinance.

  (2) "Conviction" includes the forfeiture of bail, bond, or other security deposited to secure the appearance of a person charged with having committed the offense, the payment of a penalty assessment, a plea of nolo contendere, and the imposition of a deferred or suspended sentence by the court.

(e)

  (1) "Court" means a court of law.

  (2) "Court" includes a magistrate's court.

(f) "Home state" means the state of primary residence of a person.

(g) "Issuing state" means the participating state that issues a wildlife citation to the violator.

(h) "License" means a license, permit, or other public document that conveys to the person to whom it was issued the privilege of pursuing, possessing, or taking any wildlife regulated by statute, law, regulation, rule, or ordinance of a participating state.

(i) "Licensing authority" means the governmental unit in each participating state that is authorized by law to issue or approve licenses or permits to hunt, fish, trap, or possess wildlife.

(j) "Participating state" means a state that enacts legislation to become a member of this wildlife Compact.

(k) "Personal recognizance" means an agreement by a person made at the time of issuance of the wildlife citation that the person will comply with the terms of the citation.

(l) "State" means a state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

(m) "Suspension" means a revocation, denial, or withdrawal of any or all license privileges, including the privilege to apply for, purchase, or exercise the benefits conferred by a license.

(n) "Terms of the citation" means the conditions and options expressly stated in the citation.

(o) "Wildlife" means all species of animals including, but not limited to, mammals, birds, fish, reptiles, amphibians, mollusks, and crustaceans, that are defined as "wildlife" and are protected or otherwise regulated by statute, law, rule, regulation, or ordinance in a participating state. Species included in the definition of "wildlife" vary from state to state. The determination of whether a species is "wildlife" for the purposes of this Compact shall be based on the law of the issuing state.

(p) "Wildlife law" means a statute, law, regulation, rule, or ordinance developed and enacted for the management of and uses of wildlife resources.

(q) "Wildlife officer" means an individual who is authorized by a participating state to issue a citation for a wildlife violation.

(r) "Wildlife violation" means a cited violation of a statute, law, regulation, rule, or ordinance developed and enacted for the management and uses of wildlife resources.

ARTICLE III

Procedures for Issuing State

(a) When issuing a citation for a wildlife violation, if the wildlife officer receives the recognizance of the person that the person will comply with the terms of the citation, a wildlife officer:

  (1) Shall issue a citation to a person whose primary residence is in a participating state in the same manner as to a person residing in the issuing state; and

  (2) May not require the person to post collateral to secure appearance, subject to the exceptions noted in subsection (b) of this article.

(b) Personal recognizance is acceptable:

  (1) If not prohibited by local law or the Compact manual; and

  (2) If the violator provides adequate proof of identification, including an identification document that contains the person's picture, to the wildlife officer.

(c)

  (1) On conviction or failure of a person to comply with the terms of a wildlife citation, the appropriate official shall report the conviction or failure to comply to the licensing authority of the participating state where the wildlife citation was issued.

  (2) The report shall:

    (i) Be made in accordance with procedures specified by the issuing state; and

    (ii) Contain information as specified in the Compact manual as minimum requirements for effective processing by the home state.

(d) On receiving the report of conviction or noncompliance under subsection (c) of this article, the licensing authority of the issuing state shall transmit to the licensing authority of the home state of the violator the information in the form and content prescribed in the Compact manual.

ARTICLE IV

Procedure for Home State

(a)

  (1) On receiving a report from the licensing authority of the issuing state reporting the failure of a violator to comply with the terms of a citation, the licensing authority of the home state shall:

    (i) Notify the violator;

    (ii) Initiate a suspension action in accordance with the home state's suspension procedures; and

    (iii) Suspend the violator's license privileges until satisfactory evidence of compliance with the terms of the wildlife citation has been furnished by the issuing state to the home state licensing authority.

  (2) Due process safeguards shall be accorded to the violator.

(b) On receiving a report of conviction from the licensing authority of the issuing state, the licensing authority of the home state shall:

  (1) Enter the conviction in its records; and

  (2) Treat the conviction as though the conviction had occurred in the home state for the purposes of the suspension of license privileges.

(c) The licensing authority of the home state shall:

  (1) Maintain a record of actions taken; and

  (2) Make reports to issuing states as provided in the Compact manual.

  ARTICLE V

  Reciprocal Recognition of Suspension

(a) All participating states shall recognize the suspension of license privileges of a person by a participating state as though the violation resulting in the suspension had occurred in their state and could have been the basis for suspension of license privileges in their state.

(b) Each participating state shall communicate suspension information to other participating states in a form and content prescribed in the Compact manual.

ARTICLE VI

Applicability of Other Laws

Except as expressly required by provisions of this Compact, nothing in this Compact may be construed to affect the right of a participating state to apply any of its laws relating to license privileges to any person or circumstance or to invalidate or prevent any agreement or other cooperative arrangement between a participating state and a nonparticipating state concerning wildlife law enforcement.

ARTICLE VII

Board of Compact Administrators

(a)

  (1) For the purpose of administering the provisions of this Compact and to serve as a governing body for the resolution of all matters relating to the operation of this Compact, a Board of Compact Administrators is established. The Board shall be composed of one representative from each of the participating states to be known as the Compact Administrator.

  (2) The Compact Administrator shall be appointed by the head of the licensing authority of each participating state and shall serve and be subject to removal in accordance with the laws of the state that the Compact Administrator represents.

  (3) A Compact Administrator may provide for an alternate to discharge the Compact Administrator's duties and perform the Compact Administrator's functions as a Board member. An alternate may not be entitled to serve unless written notification of the alternate's identity has been given to the Board.

(b) Each member of the Board of Compact Administrators shall be entitled to one vote. An action of the Board may not be binding unless taken at a meeting at which a majority of the total number of the Board's votes are cast in favor of the action. Action by the Board may be taken only at a meeting at which a majority of the participating states are represented.

(c) The Board shall elect annually from its membership a chairman and vice chairman.

(d) The Board shall adopt bylaws not inconsistent with the provisions of this Compact or the laws of a participating state for the conduct of its business and shall have the power to amend and rescind its bylaws.

(e) The Board may accept for any of its purposes and functions under this Compact any and all donations and grants of moneys, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any governmental unit, and may receive, utilize, and dispose of those grants and donations.

(f) The Board may contract with, or accept services or personnel from, any governmental or intergovernmental unit, individual, firm, or corporation, or any private not-for-profit organization or institution.

(g) The Board shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this Compact. All procedures and forms adopted in accordance with Board action shall be contained in a Compact manual.

ARTICLE VIII

Entry into Compact and Withdrawal

(a) This Compact shall become effective when it is adopted in a substantially similar form by two or more states.

(b)

  (1) Entry into the Compact shall be made by resolution of ratification executed by the authorized officials of the applying state and submitted to the chairman of the Board.

  (2) The resolution shall substantially be in the form and content as provided in the Compact manual and shall include the following:

    (i) A citation of the authority from which the state is empowered to become a party to this Compact;

    (ii) An agreement of compliance with the terms and provisions of this Compact; and

    (iii) An agreement that Compact entry is with all states participating in the Compact and with all additional states that legally become parties to the Compact.

  (3) The effective date of entry shall be specified by the applying state but shall not be less than 60 days after notice has been given:

    (i) By the chairman of the Board of Compact Administrators; or

    (ii) By the secretariat of the board of each participating state that the resolution from the applying state has been received.

(c)

  (1) A participating state may withdraw from this Compact by official written notice to each participating state, but the withdrawal may not become effective until 90 days after the notice of withdrawal is given.

  (2) The notice shall be directed to the Compact Administrator of each member state.

  (3) A withdrawal of any state may not affect the validity of this Compact as to the remaining participating states.

  ARTICLE IX

  Amendments to the Compact

(a) This Compact may be amended from time to time. Each proposed amendment shall be presented in resolution form to the chairman of the Board of Compact Administrators and shall be initiated by one or more participating states.

(b) Adoption of an amendment shall require endorsement by all participating states and shall become effective 30 days after the date of the last endorsement.

(c) Failure of a participating state to respond to the Compact chairman within 120 days after receipt of a proposed amendment shall constitute endorsement of the proposed amendment.

ARTICLE X

Construction and Severability

This Compact shall be liberally construed so as to effectuate the purposes stated in the Compact. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of a participating state or of the United States, or its applicability to any government, unit, individual, or circumstance is held invalid, the validity of the remainder of this Compact may not be affected by that invalidity. If this Compact shall be held contrary to the constitution of a participating state, the Compact shall remain in full force and effect as to the remaining states and in full force and effect as to the affected participating state as to all severable matters.

ARTICLE XI

Title

This Compact shall be known as the "Interstate Wildlife Violator Compact".

#### Section 10-1202

When the Governor has executed the Compact under this subtitle, and has filed a verified copy of the Compact with the Secretary of State, and when one or more other states have ratified the Compact, then the Compact shall operate and take effect between this State and the other ratifying states. The Governor may take all actions necessary to complete the exchange of documents between this State and any other state that ratifies the Compact.

#### Section 10-1203

The Compact Administrator representing this State, as provided in Article VII of the Compact:

(1) Is not entitled to additional compensation for performing duties or responsibilities under the Compact; but

(2) May be reimbursed for reasonable expenses actually incurred in connection with those duties and responsibilities in accordance with the State budget.

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Md. Code Ann., Nat. Res. (as displayed at mgaleg.maryland.gov, October 16, 2026)