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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
In this section, “officially inspected” means venison inspected and passed in accordance with standards established by the:
Department of Agriculture (USDA); or
Food and Drug Administration (FDA).
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.
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.
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.
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.
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.
A person may not hunt or attempt to hunt any game bird or mammal except during open season.
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.
A person may possess:
A dead game bird or dead game mammal legally acquired for use as food;
A mounted specimen of a game bird or game mammal legally acquired for personal use;
Hair, antlers, feathers, feet, or skin of game birds or game mammals legally acquired for personal use; or
Deer antlers that have been manufactured into an article of commerce.
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.
Except as provided in paragraphs (2) and (3) of this subsection or § 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.
The prohibitions of paragraph (1) of this subsection do not apply to 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 the person;
Hide, hair, tail, or feet, excluding a mounted specimen of deer, squirrel, or rabbit legally acquired;
Feathers, skin, or feet, excluding a mounted specimen of upland and forest game birds legally acquired;
Except as prohibited by federal law, feathers of wetland game birds legally acquired;
Antlers of deer legally acquired in another state and manufactured into an article of commerce in another state; or
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.
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:
Is held during January;
Has as its objective the hunting of antlerless deer; and
Was previously held at least once from January 1, 2020, through January 30, 2024, inclusive.
Nothing in this section may be construed as allowing deer farming for the purpose of selling deer meat.
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.
Pursuant to § 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.
Except as provided under § 10–410 of this subtitle, the Department may not authorize hunting on a Sunday.
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.
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.
A person may participate in the junior deer hunt if the person:
Is under the age of 17 years;
Possesses a valid hunting license or is exempt from hunting license requirements; and
Is accompanied by a person who:
Is at least 21 years old;
Possesses a valid hunting license or is exempt from hunting license requirements; and
Is not in possession of a firearm, a bow, or any other hunting device.
A person who participates in the junior deer hunt may use a firearm to hunt deer on the days of the hunt.
If the Department by regulation pursuant to § 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.
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.
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.
A person may possess any green pelt of any fur–bearing mammal until March 25 for purposes of curing the skins.
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.
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.
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.
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.
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.
A muskrat damaging any embankment or impoundment may be destroyed by the owner at any time.
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.
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.
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.
A person may:
Trap a coyote during the trapping season established by the Department; or
Hunt a coyote:
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
At any time of year, by predator calling.
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.
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.
In this section, “handgun” means a firearm:
With a barrel length not exceeding 6 inches; and
That does not have a scope or an electronic device attached.
Except as provided in paragraph (2) of this subsection, the Department shall:
Prescribe by regulation the means or weapons for hunting designated wildlife; and
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.
The Department may not prohibit a licensed bow hunter from openly carrying a handgun that the hunter is otherwise authorized to carry under § 4–203 of the Criminal Law Article if the bow hunter:
Is at least 21 years old;
Is hunting in deer management Region A as defined by the Department’s Guide to Hunting and Trapping;
Is carrying the handgun for personal protection; and
Does not use the handgun to kill wildlife wounded by a vertical bow or crossbow.
The Department shall make the regulations available for distribution with each hunting license purchased.
This section does not authorize the Department to restrict the use of firearms except in the activity of hunting designated wildlife.
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.
This subsection does not apply to:
State and federal wetlands;
Private wetlands as designated by the Department;
Land which qualifies for agricultural assessments, as provided under § 8–209 of the Tax – Property Article, and timberland and lands used for reforestation;
Except in Howard and Harford counties, owners and lessees of any privately owned land; and
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.
This subsection does not apply to:
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
The use of snap–type traps used to catch rats and mice.
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 § 1–403 of this article before using a snare, a trap, or another similar device to capture wildlife.
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.
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.
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.
In accordance with § 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.
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.
This subsection does not apply in:
Allegany County;
Frederick County;
Garrett County;
Washington County; and
The portion of Carroll County geographically west of Route 31 and Route 97.
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.
The Department may allow a person to hunt on each Sunday of the game bird and game mammal seasons in:
Allegany County;
Subject to subparagraph (iii) of this paragraph, Calvert County, from 30 minutes before sunrise until 10:30 a.m.;
Subject to subparagraph (iii) of this paragraph, Caroline County, from 30 minutes before sunrise until 10:30 a.m.;
Cecil County;
Subject to subparagraph (iii) of this paragraph, Charles County, from 30 minutes before sunrise until 10:30 a.m.;
Subject to subparagraph (iv) of this paragraph, Dorchester County, from 30 minutes before sunrise until 10:30 a.m.;
Garrett County;
Subject to subparagraph (iii) of this paragraph, Queen Anne’s County, from 30 minutes before sunrise until 10:30 a.m.;
St. Mary’s County;
Subject to subparagraph (ii) of this paragraph, Somerset County, from 30 minutes before sunrise until 10:30 a.m.;
Washington County;
Subject to subparagraph (ii) of this paragraph, Worcester County, from 30 minutes before sunrise until 10:30 a.m.; and
Wicomico County.
The time restrictions under subparagraph (i)10 and 12 of this paragraph do not apply:
On each Sunday of the deer firearms season; and
On the last three Sundays in October and the first two Sundays in November of the deer bow hunting season.
The time restrictions under subparagraph (i)2, 3, 5, and 8 of this paragraph do not apply:
On each Sunday during the deer firearms season;
On the last three Sundays in October and the first two Sundays in November during the deer bow hunting season; and
On each Sunday of the spring turkey hunting season.
The time restrictions under subparagraph (i)6 of this paragraph do not apply:
On each Sunday of the deer hunting seasons from the first Sunday in October through the second Sunday in January, inclusive; and
On each Sunday of the spring turkey hunting season.
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:
Carroll County; and
Frederick County.
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:
Kent County;
Montgomery County; and
Talbot County.
The time restrictions under this paragraph do not apply:
To a participant in a junior deer hunt authorized under this subtitle;
On one Sunday designated by the Department during the deer firearms season; and
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;
In Kent County, on each Sunday during the deer bow hunting season and the deer muzzle loader season;
In Montgomery County, on one Sunday designated by the Department during the deer bow hunting season; and
In Talbot County, on the last three Sundays in October and the first two Sundays in November during the bow hunting season.
The Department may allow a person to hunt deer during the deer firearms season:
On each Sunday in Harford County; and
On the first Sunday in Anne Arundel County.
The Department may allow a person to hunt deer during the deer bow hunting season on:
The last three Sundays in October and the first two Sundays in November in Harford County; and
The first Sunday in November in Anne Arundel County.
The Department may allow a person to hunt deer on each Sunday of the deer bow hunting season in Baltimore City.
The Department may allow a person to hunt turkey on each Sunday of the spring turkey hunting season in:
Carroll County;
Kent County; and
Talbot County, from 30 minutes before sunrise until 10:30 a.m.
Notwithstanding any other provision of this subtitle, the Department may allow:
A person with a deer management permit issued under § 10–206(a) of this title to shoot deer on any Sunday throughout the year in accordance with the terms of the permit; and
Except in Baltimore City, Baltimore County, Howard County, and Prince George’s County, a person with a deer damage permit issued under § 10–206(b) of this title to shoot deer on any Sunday throughout the year in accordance with the terms of the permit.
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.
The Department may allow an unarmed person participating in an organized fox chase to chase foxes on Sunday.
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 § 10–906 of this title.
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.
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:
Baltimore City;
Baltimore County;
Howard County; or
Prince George’s County.
A person may not hunt migratory game birds on Sunday.
A person may not hunt on public land within the State park system on Sunday.
The Department may not allow a person to hunt on public land designated for hunting by the Department on Sunday except in:
Allegany County;
Cecil County;
Garrett County;
St. Mary’s County;
Washington County;
Dorchester County, for turkey during the spring turkey hunting season;
Frederick County, for deer from the first Sunday in October through the second Sunday in January of the following year, inclusive;
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.;
Subject to subparagraph (ii) of this paragraph, Worcester County, from 30 minutes before sunrise until 10:30 a.m.; and
Subject to subparagraph (iii) of this paragraph, Wicomico County, from 30 minutes before sunrise until 10:30 a.m.
The time restrictions under subparagraph (i)8 and 9 of this paragraph do not apply:
On each Sunday of the deer firearms season; and
On the last three Sundays in October and the first two Sundays in November of the deer bow hunting season.
The time restrictions under subparagraph (i)10 of this paragraph do not apply:
On the first Sunday of the deer firearms season; and
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
On the last three Sundays in October and the first two Sundays in November of the deer bow hunting season.
A person may not hunt any game bird or mammal, except raccoon and opossum, at nighttime.
A person may not shoot at any species of wildlife from an automobile or other vehicle or, except as provided in § 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.
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.
Provisions of this subsection do not apply to a disabled person who obtains a special permit under § 10–307 of this title.
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.
“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.
A person may not pursue wildlife with an off–road vehicle.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
A person may not hunt or attempt to hunt wild birds or mammals from an aircraft within the State.
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.
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.
A person may not hunt with any ferret or weasel.
A person may not kill, attempt to kill, or injure by poison wildlife or domestic poultry.
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.
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.
This subsection does not apply to:
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
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.
“Snare trap” means a device made of wire, synthetic cord, or other material that:
Is in the form of a noose with a slipknot, stop, swivel, or eyelet holes; and
Is designed or set with the intent of capturing an animal by the neck.
“Snare trap” includes:
A pole snare;
A hanging snare; and
A neck snare.
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.
In Anne Arundel County, from July 1, 1990, through June 30, 1992, a person may sell or possess a snare trap.
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.
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.
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.
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.
In this section the following words have the meanings indicated.
“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.
“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.
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.
This section does not prohibit:
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
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.
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.
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.
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.
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.
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.
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.
Only the trainer of a retriever dog and not an assistant to the trainer is required to obtain a permit under this subsection.
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.
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.
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.
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.
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.
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.
There are the following 3 seasons to hunt deer:
Deer bow hunting season;
Deer firearms season; and
Deer muzzle loader season.
A person who harvests a game bird or mammal shall report the harvest in accordance with regulations adopted by the Department.
A person with a hunting license also may purchase bonus deer stamps from the Department.
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:
Deer bow hunting season;
Deer muzzle loader season; and
Deer firearms season.
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.
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.
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.
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.
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.
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.
To protect public safety and welfare, the Department may restrict the lands on which an individual may hunt deer under a Deer Management Permit.
This paragraph applies only in Frederick County.
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.
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.
This subparagraph applies only in Frederick County Zone 2, as defined in COMAR 08.03.03.06A.(3)(h).
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.
In a deer firearms season, an agent of a permittee may harvest deer only by using the weapon approved for that season.
The Department shall adopt regulations to implement this paragraph.
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.
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.
A person may not hunt a deer while the deer is taking refuge in or swimming through the waters of the State.
Upon written request from a federal facility for a variance from the established deer hunting season, the Department shall review the request and may:
Approve the request;
Deny the request; or
Approve the request with conditions.
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.
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.
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.
Except as provided in regulations adopted by the Department under paragraph (2) of this subsection, a person may not:
Take a dog into the woods or possess or control a dog in the woods; and
Use the dog to hunt or pursue deer.
The Department shall adopt regulations governing the use of dogs to aid in the prompt recovery of killed, wounded, or injured deer.
In Baltimore, Harford, Howard, Montgomery, Prince George’s, Somerset, Washington, and Worcester counties, a person may not kill a dog found pursuing a deer.
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.
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.
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.
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.
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.
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.
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.
This section does not apply to any person who:
Hunts deer with a bow and arrow during the season restricted to hunting with a bow and arrow;
Hunts game birds or mammals during the open season using falcons, hawks, or owls; or
Hunts or accompanies, aids, or assists another person hunting the following species:
Wetland game birds;
Fur–bearing mammals;
Crows;
Doves; or
Wild turkeys.
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:
A cap of a solid daylight fluorescent orange or daylight fluorescent pink color;
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
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.
By regulation, the Department may define the terms:
“Daylight fluorescent orange” consistent with the recommendations of the North American Association of Hunter Safety Coordinators; and
“Daylight fluorescent pink”.
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.
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.
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.
The Department shall establish a separate season for hunting deer with muzzle loading firearms.
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 § 10-415 of this subtitle.
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.
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.
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:
Interfere intentionally with the lawful taking of wildlife by another person; or
Harass, drive, or disturb any game animal intentionally for the purpose of disrupting a lawful hunt.
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:
Order the person to desist or to leave the area; or
Arrest the person on refusal to desist or leave the area.
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.
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.
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.
If the Secretary adopts any regulation, including an emergency regulation, under § 10–205 of this title or § 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:
For a first offense, a fine not exceeding $1,500, imprisonment not exceeding 6 months, or both; and
For a second or subsequent offense, a fine not exceeding $2,000, imprisonment not exceeding 1 year, or both.
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.
There is a Black Bear Damage Prevention and Reimbursement Fund in the Department.
The Fund consists of:
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;
Gifts, grants, and contributions to the State that are designated for inclusion in the Fund; and
Money appropriated in the State budget to the Fund.
The Fund is a continuing, nonlapsing special fund, and is not subject to § 7–302 of the State Finance and Procurement Article.
The State Treasurer shall hold and the State Comptroller shall account for the Fund.
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.
In determining projects that are eligible for grants, the Department shall consider projects that:
Reduce the availability of attractants to black bears in communities, including agricultural communities;
Discourage black bears from entering areas that have a high number of conflicts between humans and black bears;
Have local community support or a detailed plan to build local community support;
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;
Are cost–effective investments that have the potential to continue to be effective beyond the time frame for the grant funding; or
Include matching funds or an in–kind match.
The Department may not award a grant for:
The lethal removal of black bears;
Stand–alone research, data collection, and analysis; or
The direct generation of revenue or profit.
Entities eligible for a grant under this subsection include:
Local governments;
Parks and recreation departments;
Landowners;
Farmers;
Businesses;
Tribes;
Institutions of higher education; and
Nonprofit organizations.
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.
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:
Beehives, fruit, or other crops;
Livestock and poultry as defined in § 1–101 of the Agriculture Article; or
Pets as defined in § 4–501 of the Family Law Article.
A person is eligible to be reimbursed from the Fund for damage caused by black bears if:
The person has followed all black bear damage preventive measures recommended by the Department;
The damage amount is determined by an extension agent of the University of Maryland Cooperative Extension Service; and
The Department has verified that the damage was caused by black bear.
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.
The Department shall adopt regulations to carry out this section.
For each fiscal year, the Governor may include in the annual budget bill an appropriation of at least $50,000 to the Fund.
While engaged in hunting or pursuing any wildlife or unprotected birds or mammals, a person may not:
Carelessly or negligently shoot, wound, or kill another person; or
Intentionally or willfully destroy or damage:
Any real property, personal property, or farm livestock of another person; or
A domesticated animal that is in a safety zone established under § 10–410(g) of this subtitle.
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.
This subsection does not apply:
To the lethal taking of unprotected birds to protect or manage public or private property, domestic animals, livestock, or wildlife; or
During an otherwise authorized hunting or dog training activity.
A person is subject to a fine of $25 for each unprotected bird killed in violation of this subsection.
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 § 10–424(1) of this subtitle pending the disposition of the criminal proceeding against the person.
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.
The Department may not charge a fee for any license issued under the provisions of this section.
A person desiring a waterfowl processing operation license shall apply on a form the Department supplies.
Upon receipt of a completed application, the Department shall issue a license.
A waterfowl processing operation license:
Shall expire on June 30 following the date of issuance; and
May be renewed by providing a completed renewal application.
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.
A waterfowl processing operation shall keep on forms provided by the Department a record of:
The number of each species of wild waterfowl processed, received by, or in the custody of the operation;
The location (county and state) where each wild waterfowl received by the operation was taken;
The date each wild waterfowl was received by the operation;
The name and address of the person from whom each wild waterfowl was received;
The date each wild waterfowl was disposed of by the operation; and
The name and address of the person to whom each wild waterfowl was delivered.
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.
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.
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.
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.
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.
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.
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.
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.
This section may not be construed to prohibit:
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
Lawful dog training or dog performance competitions.
A person is subject to a fine of $50 for each coyote, fox, or raccoon killed in violation of subsection (a) of this section.
Subject to subsection (b) of this section and notwithstanding the time restrictions under § 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.
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.
Notwithstanding the restrictions under §§ 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.
The Department shall adopt regulations to implement this section.