In this subtitle the following words have the meanings indicated. “Boat” includes any raft, canoe, floating blind, skiff, or other floating device. “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. “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. “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. “Waterfowl safety zone” means: 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.

The Secretary may adopt regulations to implement the provisions of this subtitle.

Notwithstanding any other provision of this subtitle, “nighttime” means the time the Secretary of Interior of the United States adopts by rule or regulation. 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. 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. A person may not hunt wild waterfowl from a position located more than 10 feet in the air. 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.

Except while lawfully hunting under the requirements of this subtitle, a person in a boat may not purposely or unnecessarily disturb wild waterfowl. A person may not hunt wild waterfowl while using a floating device towed by a power boat or a sailboat. A person may not hunt wild waterfowl from a boat, sinkbox, or device that allows the hunter to be completely concealed beneath the water. 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 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. A person may hunt wild waterfowl while standing in water on the natural bottom at a licensed offshore stationary blind or blind site. 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. 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 waters of the Susquehanna Flats; The tidal waters of the Potomac River that the Department by regulation prescribes for hunting under subsection (a) of this section; 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 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. 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. 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.

A person may hunt wild waterfowl from a boat that is drifting or being sculled only in: 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. 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. 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 waters of the Susquehanna Flats; The tidal waters of the Potomac River that the Department by regulation prescribes for hunting under subsection (a)(5) of this section; 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 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. A nonresident may not hunt wild waterfowl from a boat that is drifting or being sculled unless accompanied by a Maryland resident.

A person may hunt wild waterfowl from a boat that is anchored only in: 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 may hunt wild waterfowl from a boat that is anchored at a licensed offshore stationary blind or blind site. 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. 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: The waters of the Susquehanna Flats; The tidal waters of the Potomac River that the Department by regulation prescribes for hunting under subsection (a)(5) of this section; 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 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. 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.

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: Maryland or Virginia that is adjacent to the tidal waters of the Potomac River may license state shoreline; and Maryland, Virginia, or West Virginia that is adjacent to the nontidal waters of the Potomac River: May license state island shoreline; and May not license state mainland shoreline. Riparian landowners may license their riparian shoreline: 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. 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. The Secretary shall review each request and determine whether sufficient need for a waterfowl safety zone exists. 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. Riparian landowners may lease or assign their rights to license their riparian shoreline. 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. 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. 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: Submit to the Department: 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; 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; The written permission of adjacent landowners if necessary; and The written lease or assignment of the riparian landowner if necessary; and Pay to the Department a fee of: $20 for a 1-year license; or $60 for a 3-year license. 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: The date on which the current license expires; The date by which the Department must receive the renewal application for the renewal to be issued and mailed before the license expires; and The amount of the renewal fee. 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: Is otherwise entitled to be licensed; Pays to the Department a renewal fee of: $20 for a 1–year license; or $60 for a 3–year license; and 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. 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. 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 § 10-608(b) through (h) of this subtitle.

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. An applicant for a license shall: Submit to the Department: An application on a form provided by the Department; and A signed statement that: The location of the blind site is at least 125 yards from all other previously licensed riparian shoreline; and The offshore blind site complies with all other pertinent laws and regulations; and 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. 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. Except for riparian landowners licensing their own property, a person may not obtain more than two licenses per day. Each license shall apply to 250 yards of shoreline. Blind sites shall be located equidistant from the boundaries described by the license. 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 § 10-607(d) of this subtitle or a landowner’s lessee, licensee, or assignee may erect and maintain a stationary blind or blind site. Licenses are valid until June 30 of the following year and shall be issued in the order the applications are received in person.

Offshore stationary blinds and offshore blind sites shall be at least 250 yards apart from each other. 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. 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. 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. 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. 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. 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: 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.

Any person hunting wild waterfowl from a stationary blind or blind site shall possess a hunter’s license.

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. 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.

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.

Offshore stationary blinds or blind sites may not be erected, maintained, or licensed in the following waters: 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; 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; Where the location of the blinds interferes with the safe operation of an airport; In Baltimore County on: 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 In Kent County on: 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.

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. A licensee may institute proceedings against or the Department may prosecute any person who violates the provisions of this section.