Title 10. Wildlife — Subtitle 6. Wild Waterfowl

An area 150 yards from any occupied dwelling; or

A section of shoreline not exceeding 250 yards in length owned by a federal or State unit.

A person may not shoot a wild waterfowl resting on land or water.

A person who wounds and cripples a wild waterfowl may shoot the waterfowl.

The only firearm that a person may use to hunt wild waterfowl is a shotgun fired from the shoulder.

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.

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.

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.

A person may not hunt a wild waterfowl with an automatic loading or hand-operated repeating shotgun capable of holding more than three shells.

A person may not possess a rifle or pistol while hunting wild waterfowl.

A person may hunt wild waterfowl with any bow and arrow.

A person may not hunt wild waterfowl with a crossbow.

A person may hunt wild waterfowl with the aid of a dog or with an artificial decoy.

A person may not hunt wild waterfowl using a live decoy.

A person may not hunt wild waterfowl from a boat that is propelled by a motor or under sail.

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.

Crippled birds may be shot from a boat under power in the area open for the special sea duck season.

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.

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:

The nontidal waters of the Potomac River, Conococheague Creek, and the Monocacy River;

The Susquehanna Flats, Elk River, and that portion of the Sassafras River in Cecil County located west of 75 degrees 58 minutes 45 seconds;

Chincoteague Bay, Sinepuxent Bay, Isle of Wight, Assawoman Bay, and their respective tributaries in Worcester County;

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

Zones prescribed by the Department by regulation.

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.

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:

The nontidal waters of the Potomac River;

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;

The waters of Chincoteague Bay, Sinepuxent Bay, Isle of Wight, Assawoman Bay, and their respective tributaries in Worcester County;

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

Zones prescribed by the Department by regulation.

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.

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:

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.

Under this subtitle, persons owning riparian property in:

To establish offshore stationary blinds or blind sites for hunting wild waterfowl; and

To prevent other persons from licensing the riparian shoreline for the purpose of hunting wild waterfowl offshore.

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.

On or before August 15 of each year, the Department shall mark each waterfowl safety zone with clearly visible signs.

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.

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.

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.

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.

Riparian landowners, including government agencies, shall license their shoreline either annually or every 3 years in accordance with this section.

An applicant for a license shall:

A unit of government is exempt from the application fee required under paragraph (2) of this subsection.

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.

The renewal notice shall state:

Is otherwise entitled to be licensed;

Pays to the Department a renewal fee of:

Submits to the Department a renewal application on the form that the Department requires.

All applications to license riparian shoreline shall be approved by the Department in accordance with applicable laws and regulations.

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.

Submit to the Department:

Pay to the Department an application fee of $20 for each license requested.

The completed application shall be submitted to Department regional service centers or other designated local sites on days designated by the Department.

The Department shall establish and adequately staff a site in each county where licensing occurs.

The Department shall provide public notice of the licensing process through the media, Internet, and other sources.

Licensing shall begin on or before the first Tuesday in August of each year on dates set by the Department.

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.

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.

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.

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.

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.

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.

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.

Entering into an agreement with the local or federal government to construct the blinds and manage their use; or

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.

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;

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;

Back River and its tributaries west of the Eastern Avenue bridge; or

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

Turner’s Creek; or

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.